HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/15/2020 - REGULAR MEETINGCity 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
September 15, 2020
(Amended 9/14/20)
PUBLIC PARTICIPATION OPTIONS
There will be four options for people who would like to participate in the meeting:
Live via the Zoom online meeting,
Live via the telephone,
Live in Council Chambers,
By submitting emails to Council at CityLeaders@fcgov.com.
All options will be available for those wishing to provide general public comment, as well as public
comment during individual discussion items.
PUBLIC PARTICIPATION (ONLINE VIA ZOOM):
Individuals who wish to address Council via remote public participation can do so through Zoom
at https://zoom.us/j/98241416497. (The link and instructions are also posted
at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the
meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference.
The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting
to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor
will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff
will moderate the Zoom session to ensure all participants have an opportunity to address Council.
In order to participate, you must:
Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will
greatly improve your audio experience.
Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage
at www.fcgov.com.
If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link
shown near the top of the page.
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PUBLIC PARTICIPATION (VIA PHONE)
Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141
6497 followed by the pound sign (#).
The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if
possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at
that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom
session to ensure all participants have an opportunity to address Council.
When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming
delay and possible audio interference.
PUBLIC PARTICIPATION (IN PERSON)
To participate in person, individuals should come to City Hall and be prepared to follow strict social
distancing, sanitizer and facial covering guidelines.
A limited number of individuals will be allowed in Council Chambers. Therefore, staging for individuals
who wish to speak will occur in the City Hall lobby and outside (weather permitting).
Individuals will be required to wear masks while inside City Hall and any other City buildings being
utilized.
Individuals who wish to speak will line up at one of the two podiums available in Council Chambers,
maintaining physical distancing by standing on the lines marked on the floor. Facial coverings need to
stay in place while speaking.
Once a speaker has provided comments, he or she will be asked to leave Council Chambers to make
room for the next speaker.
PUBLIC PARTICIPATION (VIA EMAIL)
Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to
participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific
comments on any of the discussion items scheduled, please make that clear in the subject line of the email
and send prior to the meeting Tuesday evening.
WATCH THE MEETING
Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv.
Note: Only individuals who wish to address Council should use the Zoom link or call in by phone.
Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream.
Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to
be emailed those materials by 4 p.m. the day of the meeting.
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.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please
provide 48 hours advance notice when possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221-6515
(V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea
posible.
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Proclamations and Presentations
5:45 p.m.
The Mayor will share highlights of each proclamation listed below but will not read proclamations
in their entirety.
A. Proclamation Declaring September 16, 2020 as Joe Rubinstein Day.
B. Proclamation Declaring the Week of September 17-23 as Constitution Week.
C. Proclamation Declaring the Week of September 13-19 as Minority Enterprise Development Week.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
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
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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 August 10, 2020 Special Meeting, August 11, 2020
Adjourned Meeting and August 18, 2020 Regular Meeting.
The purpose of this item is to approve the minutes from the August 10, 2020 Special Meeting, August
11, 2020 Adjourned Meeting and August 18, 2020 Regular Meeting.
2. Second Reading of Ordinance No. 107, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for Transfer to Social Sustainability in the General Fund for the Equity Indicators
Project.
This Ordinance, unanimously adopted on First Reading on September 1, 2020, appropriates $20,000
in philanthropic revenue in the General Fund for transfer to Social Sustainability for the support of the
Equity Indicators project as designated by the donor, Bohemian Foundation. In a commitment to
advance equitable outcomes, the City has selected CUNY Institute for State and Local Governance
(ISLG) to lead an Equity Indicators project which will establish a framework for measuring and
understanding the inequities that exist in Fort Collins.
3. Second Reading of Ordinance No. 108, 2020, Amending Chapter 26 of the Code of the City of Fort
Collins to Clarify Utility Accounts, Billing and Collections.
This Ordinance, unanimously adopted on First Reading on September 1, 2020, adopts changes to
City Code to align with requirements in the 2020-2025 LEAP Vendor Agreement. Under current billing
practices, utility bills are treated as a single customer account payment balance, and payments made
to an account are applied equally across utility service products on that account. The Code changes
will allow for Low-Income Energy Assistance Program (LEAP) payments to be applied only to electric
service (as required in the 2020-2025 LEAP Vendor Agreement), even if a customer has other Fort
Collins utility services (e.g., water, wastewater, stormwater and/or broadband).
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These Code changes will enable Fort Collins Utilities to remain a LEAP Vendor which benefits the
200+ income-qualified customers that receive LEAP in two ways: (1) they get a more accurate benefit
amount because Fort Collins Utilities is able to provide Estimated Home Heating Costs (EHHC) from
which LEAP bases benefit calculations, and (2) it is more convenient for the customer because LEAP
payments are automatically applied to a customer’s utility account.
4. Second Reading of Ordinance No. 109, 2020, Amending the Code of the City of Fort Collins to Modify
and Update Requirements and Procedures for City Elections and Campaign Finance in City Elections.
This Ordinance, unanimously adopted on First Reading on September 1, 2020, adopts amendments
to the City’s election campaign Code provisions.
On Second Reading, City staff is proposing minor revisions to the Ordinance concerning the campaign
finance violation process. The first revision corrects a minor typographical error in proposed Section
7-143(b)(1). The second revision is in proposed Section 7-145(d)(6)(c), which establishes factors for
the City Attorney to consider when determining if the respondent to a campaign finance complaint has
substantially complied with their legal obligations under the Code. On First Reading, one factor for
the City Attorney to consider was stated as whether the respondent’s violation appeared to be an
“intentional” attempt to mislead the electorate or election officials. The revision changes “intentional”
to “knowing” to maintain consistency with the usage of terms within the campaign finance violation
Code provisions. The term “knowing” is used elsewhere within those provisions.
5. Second Reading of Ordinance No. 111, 2020, Amending Chapter 25 of the Code of the City of Fort
Collins Regarding Economic Nexus and the Obligation of Remote Sellers to Collect and Remit Sales
Tax.
This Ordinance was amended on Second Reading to make a minor revision clarifying the effective
date on page 6.
This Ordinance, unanimously adopted on First Reading on September 1, 2020, is based on a model
ordinance prepared by a working group of municipal attorneys and municipal finance staff, coordinated
by the Colorado Municipal League (CML) and requires remote sellers to collect and remit City sales
tax. With adoption of the Ordinance, the City Manager will enter into an agreement with the Colorado
Department of Revenue to allow such taxpayers to remit tax to the City using the Department’s single
point of remittance software.
6. First Reading of Ordinance No. 113, 2020, Making Supplemental Appropriations and Authorizing
Transfers of Appropriations for the Northside Aztlan Resilience HUB Project.
The purpose of this item is to appropriate $200,000 in Renewable and Clean Energy Challenge grant
funds from the Department of Local Affairs (DOLA) for a project to establish the Northside Aztlan
Community Center (Aztlan Center) as a resilience hub. The City has been notified of an award of
$200,000 in support of energy and storage measures at the Aztlan Center to improve its function as a
resilience hub during community emergencies.
The total project cost is $425,000, which includes an additional $200,000 as a required local match,
and $25,000 for non-reimbursable project fees. The structure of the funding for the total project would
use the $200,000 in grant proceeds from DOLA, $200,000 for the required local match from the 2020
Energy Services budget (already appropriated in the Light & Power Fund), and $25,000 for the non-
reimbursable project fees from the 2020 Municipal Innovation Fund (already appropriated in the Keep
Fort Collins Great Fund). The $200,000 for the local match from the 2020 Energy Services budget is
available as a result of anticipated underspend due to the COVID-19 pandemic.
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7. Public Hearing and First Reading of Ordinance No. 114, 2020, Adopting the 2020 National Electric
Code Standards.
This item was amended to reflect the amendments being proposed as compared to the current City
Code provisions that adopt the National Election Code. The amended version of the Ordinance clearly
reflects these amendments as compared to the current provisions.
The purpose of this item is to adopt the most up-to-date electrical code that will align the City and the
minimum State allowed Electrical Code. The National Electrical Code (NEC) as Adopted by the State
of Colorado Department of Regulatory Agencies (DORA) is the standard for all electrical installations
in the State. By aligning our local adoptions with DORA, we will be in line with the minimum life safety
requirement for electrical installations and repairs.
8. Public Hearing and First Reading of Ordinance No. 115, 2020, Amending the Zoning Map of the City
of Fort Collins and Amending Ordinance No. 177, 2017, by Changing the Zoning Classification for
Property Known as the Spring Creek Rezoning REZ170001 – Correction of Map Errors.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to make minor corrections to the legal description for a previously approved
rezoning. On January 2, 2018, Council approved a rezoning ordinance for the Spring Creek Rezone
with six conditions, following a recommendation of approval from the Planning and Zoning Board. In
2019, staff discovered errors in the legal description related to this rezoning action. The revised
Ordinance and attachments correct the errors that have been identified. The City of Fort Collins is the
applicant for this item.
9. First Reading of Ordinance No. 116, 2020, Suspending Certain Provisions of the City's Land Use Code
to Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers in Response to
the COVID-19 Pandemic.
The purpose of this item is consideration of an Ordinance exempting certain child care uses from
development review and Land Use Code requirements through May 28, 2021. The COVID-19
pandemic has created a need for distributed learning and daycare sites, but the number of buildings
already approved for child care in the community is too limited to meet current demands. This
Ordinance would allow for child care uses to operate within buildings that have not previously been
approved for such use, provided all applicable health and life safety requirements have been met. It
would exempt child care centers, as defined in the Land Use Code, from the development review
process for a limited timeframe, aligned to the 2020-21 academic school year, to allow for remote
learning and daytime care of children. Compliance with building code, fire code, health department
requirements, and state licensing would still be required, as applicable.
10. Resolution 2020-083 Authorizing a Livestock Grazing Lease and Residential Lease on Meadow
Springs Ranch with Natural Fort Grazing, LTD.
The purpose of this item is to seek Council authorization for a grazing lease for up to ten (10) years
for grazing rights at Meadow Springs Ranch (MSR). MSR is a 26,500-acre ranch owned by the City
wastewater utility with the primary purpose being Biosolids Land Application. MSR also functions as a
working cattle ranch and historically has maintained 10-year grazing leases for stability in rangeland
management practices. The current lease expires in December 2020.
11. Resolution 2020-084 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer
County to Implement the Laramie Foothills Expansion 2020 - Land Conservation Project.
The purpose of this item is to seek Council approval of a Resolution implementing an
Intergovernmental Agreement (IGA) with Larimer County for the “Laramie Foothills Expansion 2020 -
Land Conservation Project”. The Project w ill conserve up to 3,533 acres in the Laramie Foothills near
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Soapstone Prairie Natural Area and adjacent to Red Mountain Open Space or Roberts Ranch
Conservation Easement.
12. Resolution 2020-085 Supporting a Grant Application for Gray and Black Market Marijuana
Enforcement Funding for Fort Collins Police Services.
The purpose of this item is to obtain Council support for the City to apply for grant money to support
enforcement of gray- and black- market marijuana activity for Fort Collins Police Services.
13. Resolution 2020-86 Supporting the Establishment of a Friendship Cities Partnership Between the City
of Fort Collins and Vila Nova De Famalicão, Portugal.
The purpose of this item is to submit a Friendship City application from Vila Nova de Famalicão (VNF)
in Portugal. The City partnered with VNF for 18 months through the International Urban Cooperation
program and now the two cities would like to establish a long-term agreement through the Council
Friendship City process and a related Memorandum of Understanding (MOU).
14. Resolution 2020-087 Making an Appointment to the Planning and Zoning Board.
The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning Board
that exists due to the resignation of a previous member.
15. Council Consideration of Authorization for Remote Hearings for Historic Preservation Appeal to the
Landmark Preservation Commission.
The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council
on June 16, 2020, to allow a historic preservation item to proceed to public hearing using remote
technology. A suggested motion is provided on page 2 of this Agenda Item Summary.
Ordinance No. 079, 2020, authorizes Council, Planning and Zoning Board (P&Z), the Landmark
Preservation Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but
specifically excludes appeals from that authorization. The Ordinance does, however, allow Council,
by motion adopted by at least five Councilmembers, to authorize exceptions to that exclusion. To
authorize LPC hearings for the listed item using remote technology, Council must find that such a
hearing is pressing and requires prompt action and that remote technology will provide for sufficient
public participation and input. Staff is requesting Council consider allowing the following item to
proceed:
Appeal of staff decision to deny a Certificate of Appropriateness for 126 S. Whitcomb Street to
demolish an historic garage to construct a new structure (appeal to LPC) on a designated Fort
Collins Landmark property.
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. COVID and CARES Coronavirus Relief Fund Update (SeonAh Kendall)
B. Wildfire Smoke Resiliency Efforts (Cassie Archuleta)
C. Horsetooth Outlet Project Impacts: Mandatory Restrictions and the Cameron Peak Fire (Alice
Conovitz)
COUNCILMEMBER REPORTS
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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. If attending in person, 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.
16. Second Reading of Ordinance No. 112, 2020, Amending Section 7-135 of the Code of the City of Fort
Collins to Modify and Update Requirements and Procedures for Campaigns in City Elections. (staff:
Delynn Coldiron, Rita Knoll, Ryan Malarky; no presentation; 5 minute discussion)
This Ordinance, adopted on First Reading on September 1, 2020 by a vote of 5-2 (Nays: Summers,
Troxell), adopts amendments to the City’s election campaign Code provisions.
17. Council Consideration of Whether to Authorize, by Motion, Remote Hearings for Appeals to be Heard
by the Building Review Board. (staff: Richard Anderson, Paul Sizemore, Claire Havelda; 5 minute
presentation; 20 minute discussion)
The purpose of this item is to consider two exceptions to Ordinance No. 079, 2020, adopted by Council
on June 16, 2020, to allow various zoning, development, and historic preservation items to proceed to
public hearings using remote technology. A suggested motion is provided on page 3 of this Agenda
Item Summary.
Ordinance No. 079, 2020, authorizes Council, the Planning and Zoning Board (P&Z), the Landmark
Preservation Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but
specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and
additions of permitted use (APUs). The Ordinance does, however, allow Council, by motion adopted
by at least five Councilmembers, to authorize exceptions to that exclusion. To authorize remote
hearings for the listed items, Council must find that such hearings are pressing and require prompt
action and that virtual technology will provide for sufficient public participation and input. Staff is
requesting Council consider allowing the following items to proceed:
1. Appeal of a decision to deny a license to Chris Ufer of Space Solutions, LLC.
2. Appeal of a decision of the Building Official to deny a request to waive the exam requirements for
a license to Clark Vernon of Summit Builders, LLC.
18. Public Hearing #1 on the 2021 Recommended Budget for the City of Fort Collins. (staff: Darin
Atteberry, Travis Storin, Lawrence Pollack; no presentation; 45 minute discussion)
This is the first public hearing on the City Manager’s 2021 Recommended Budget for the City of Fort
Collins. The purpose of this public hearing is to gather public input on the 2021 budget.
In an effort to receive further public input, a second public hearing is scheduled for City Council’s
Tuesday, October 6, 2020, regular meeting at 6:00 p.m. in Council Chambers (adhering to all social
distancing requirements) with the option for remote participation through the online Zoom meeting
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platform. Both hearings were set by Council adoption of Resolution 2020-081 at its September 1,
2020, meeting. The City Manager’s 2021 Recommended Budget can be reviewed at the City Clerk’s
Office by appointment only and online at fcgov.com/budget.
On May 19, 2020, Council adopted Ordinance No. 067, 2020, suspending the biennial budget term
requirement in Code Section 8-1 for fiscal years 2021 and 2022 in order to allow for a one-year budget
term for both years, and to return to the biennial budget term required by Code Section 8-1 beginning
with fiscal years 2023 and 2024.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
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, Icek Jakub Rubinsztejn “Joe Rubinstein” was born in Radom, Poland, on
September 16, 1920; and
WHEREAS, Joe is a Holocaust survivor, surviving nearly five years in captivity in
several of the most notorious concentration/labor/ghetto camps, including: the Radom Ghettos;
Auschwitz/Birkenau; Cieszanow; Buchenwald; Jawischowitz; Ohrdruf; and Theresienstadt; and
WHEREAS, Joe’s widowed mother Reska; and his sister Laja; and his brothers Dawid,
Abraham, Chaim (Joe’s identical twin); were all believed killed at the Treblinka Extermination
Camp in 1942; and
WHEREAS, Joe immigrated to the United States in 1950 aboard the ship USAT General
R.M. Blatchfort, becoming one of the leading shoe designers in New York City and the world;
and
WHEREAS, Joe moved to Fort Collins, Colorado, in 2007 where, decades after World
War II, Joe shared his life story. The story of his life: Auschwitz 34207 - The Joe Rubinstein
Story, was published in 2015 and became an award-winning book; and
WHEREAS, Joe’s example of resilience and joy and his love of life and people have
become an inspiration around the world about the power of never giving in to despair and how to
live in the face of adversity; and
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
declare September 16, 2020, as
JOE RUBINSTEIN DAY
in recognition of Joe’s 100th birthday on September 16, his example to our community and the
world, and his accomplishments in life.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 13th day of September, 2020.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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PROCLAMATION
WHEREAS, it is the privilege and duty of the American people to commemorate the
anniversary of the drafting of the Constitution of the United States of America with appropriate
ceremonies; and
WHEREAS, September 17, 2020 marks the two hundred and thirty-third anniversary of
the drafting of the Constitution of the United States of America by the Constitutional
Convention; and
WHEREAS, it is fitting and proper to officially recognize this magnificent document
and the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations
which will commemorate the occasion; and
WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by
the President of the United States of America, designating September 17-23 as Constitution
Week.
NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim September 17-23, 2020 as
CONSTITUTION WEEK
in Fort Collins, and ask our citizens to reaffirm the ideals the framers of the Constitution had in
1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our
liberties, remembering that lost rights may never be regained.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 11
PROCLAMATION
WHEREAS, We recognize the contributions that minority-owned businesses make to
our economy and way of life; and
WHEREAS, Minority-owned firms employ six million people and generate more than
$1 trillion in annual economic output nationally; and
WHEREAS, Minority and small businesses serving Fort Collins enhance the quality of
life for residents through job creation, and they contribute to the local economy by providing
needed products and services; and
WHEREAS Minority and small business enterprises are the fastest growing segment of
the nation’s business community and are significant economic forces; and
WHEREAS, Minority entrepreneurs serve as leaders, mentors, teachers and models for
our youth who are business and civic leaders for tomorrow; and
WHEREAS, Minority Enterprise Week, a week sponsored by the Minority Business
Development Agency exists to recognize the contributions of the minority business community
to the U.S. economy; and
NOW THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby
proclaim September 13 - 19, a week in which we celebrate our business community, as
MINORITY ENTERPRISE DEVELOPMENT WEEK
in Fort Collins in honor of minority-owned businesses and their contribution to the economy.
IN WITNESS WHEREOF, I, have hereunto set my hand and the seal of the City of Fort
Collins this 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Packet Pg. 12
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the August 10, 2020 Special Meeting, August 11, 2020
Adjourned Meeting and August 18, 2020 Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the August 10, 2020 Special Meeting, August 11, 2020
Adjourned Meeting and August 18, 2020 Regular Meeting.
ATTACHMENTS
1. August 10, 2020 (PDF)
2. August 11, 2020 (PDF)
3. August 18, 2020 (PDF)
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August 10, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 4:00 PM
(Secretary’s Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, all councilmembers, staff, and citizens attended the meeting remotely, via
teleconference.)
ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
STAFF PRESENT: Atteberry, Daggett, Coldiron
● DISCUSSION ITEMS
1. Findings related to Ordinance No. 079, 2020:
Mayor Troxell made a determination that remote participation by Councilmembers continues to
be allowed due to ongoing coronavirus concerns and public health agency recommendations and
orders. He outlined the options for remote public participation.
2. Discussion and possible action on siting information related to the proposed Larimer County Behavioral
Health Center.
Mayor Troxell stated this meeting provides Council the opportunity to receive updated information
related to the proposed sites for the Larimer County Behavioral Health Center and subsequently
provide comments to the Larimer County Commissioners in preparation for their discussion and
decision on this item scheduled for tomorrow, August 11. Possible points for discussion include:
does Council want to focus on sites identified this summer, ask the County to go through a new
selection process and reconsider some of the criteria, or both.
City Manager Atteberry noted Larimer County Manager Linda Hoffman and Ken Cooper, Larimer
County Facilities Director, as well as several staff members are available on the call.
Councilmember Cunniff thanked the County Commissioners for being open to this conversation
and thanked Tyler Marr and staff for work on identifying possible alternative sites. He discussed
the County criteria for the siting of the Center and stated the City is aligned conceptually with most
of these. He and other Councilmembers have been concerned with an apparent rush to select one
particular parcel adjacent to the landfill as the site. He would like to discuss outcomes regarding
owning the land versus leasing the land and partnering with a non-profit. All the alternative sites
seem to meet the criteria and seem to be preferable to the site adjacent to the landfill.
Mayor Pro Tem Stephens agreed with Councilmember Cunniff and noted Council has had some
safety, environmental, transportation, and equity concerns with the proposed site, which is why it
has asked the County to consider other locations. In addition, there are considerable costs related
to wastewater and sewer service to the landfill site and all alternative sites seem to be preferable
based on the stated criteria. She asked about the costs related to delaying this decision and
considering a full process related to seeking a location. Ken Cooper, Larimer County Facilities
Director, replied the advantage of the Taft Hill and Trilby location is that the design process and
planning process are well on the way and making a site change would result in a loss of many
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months of planning. A location change would likely result in a minimum 18-month delay, which
is the main concern of the project team.
Mayor Troxell asked where the County is in the planning process. Cooper replied they are through
schematic design and are into design development. The anticipation had been for a
groundbreaking yet this year, though that will be tougher with this revisiting of the site.
Mayor Troxell expressed concern there has not been an effort to truly listen to the communities
and stated the municipalities should be involved in the site selection process.
Councilmember Gutowsky requested information regarding transit availability to the landfill site
and asked about the purity of the air and groundwater at that site. Laurie Stolen, Director of
Larimer County Behavioral Health Services, replied the importance of transportation has been
discussed on the Policy Council and she noted there is a lack of adequate regional transportation
in general. The County has planned to have dedicated transportation with available funding in the
budget until such time as adequate regional transportation is available.
Councilmember Cunniff asked if the dedicated transportation option would include family
members or visitors to the inpatient care facility. Stolen replied the dedicated transportation would
likely involve on-site vehicles and those types of trips would be addressed in patients' treatment
planning documents but an operational contract has yet to be completed.
Mayor Troxell asked if there is transit service for the workforce. Stolen replied regional
transportation is a challenge and the County would like to have conversations around expanding
and improving that for employees.
Councilmember Summers asked if the landfill location was mentioned in the ballot initiative.
Mayor Troxell replied the site was not referenced in the ballot language; however, may have been
included in marketing materials.
Councilmember Summers asked about the environmental impacts of the facility. Cooper replied
the proposed site was not previously part of the landfill. There have been no detected issues related
to groundwater and pollution. Laurie Kadrich, Larimer County Director of Community Planning,
Infrastructure, and Resources, discussed methane testing at the site and noted there are very limited
amounts present.
Lucinda Smith, Environmental Services Director, noted the testing referenced by Kadrich
recommended additional testing once a week for a month to see if there were changes in methane
levels but was unsure if that had occurred. There may still be an open question as to whether there
is a migration of other associated pollutants from the landfill site.
Mayor Troxell asked about the master plan for the site that references permanent supportive
housing and other uses being located on the campus. Stolen replied a footprint design of the
campus shows a 12-acre parcel with adequate buffering to ensure a welcoming environment
around the behavioral health facility.
Councilmember Gorgol commented on the distance of the site from any employment opportunities
or other support which would make supportive housing a difficult use of the site. She questioned
why a minimum 40-acre site is necessary. Stolen replied 40 acres is what would be requested and
any of the sites offering more than that would be looked at to subdivide down to that number.
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Councilmember Pignataro asked if the site was discussed as being the best location for individuals
with behavior health needs. Stolen replied the focus of most facilities is within the walls of the
building and the focus for this site is around the tranquil open space and a lack of impacts on
neighboring facilities.
Councilmember Gutowsky asked if there would be community unease with pushing back the
timeline for the opening of the facility in order to find an alternative location. County Manager
Hoffman replied the time tradeoff is one of the most important considerations to weigh as
community members voted in 2018 to provide this service.
Mayor Troxell suggested a long-term land lease and co-locating with other health facilities could
be considered.
Councilmember Cunniff asked if the County owns the current property or if it must compensate
the enterprise for its use. County Manager Hoffman replied the site is owned by the County and
Commissioners have the authority to assign its use.
Councilmember Gutowsky asked about the site at 57th and Wilson. Tyler Marr, Policy and Project
Manager, replied the site came late to the process and was not fully vetted by the regional
stakeholder group. The zoning was never completed on the parcel and there is some obligation
around transportation right-sizing and development costs, but utilities are nearby.
Mayor Troxell stated a process involving the communities evaluating the criteria should occur.
PUBLIC COMMENT
Vara (no last name given) discussed the traffic and dust situation at the landfill and opposed the
placement of this facility near the landfill.
Anon (no last name given) discussed noise issues at the landfill and opposed the placement of this
facility near the landfill.
Dave Clark, Loveland City Council, questioned the total cost impact for each site.
Cody (no last name given) encouraged speakers to be more cautious when talking about
individuals with mental health issues.
Mayor Troxell requested staff address cost questions. Marr replied with details on various costs
associated with the alternative sites. Cooper also discussed associated costs and stated it is between
$3 million and $6.8 million cheaper for the project to remain at Taft Hill and Trilby.
Councilmember Pignataro asked about the total budget for this facility. Cooper replied the net
project cost at Taft Hill and Trilby is anticipated to be between $30 million and $35.5 million, the
net project cost at the Sitzman parcel is estimated to be between $35.3 million and $42.3 million,
and the net project cost at Wilson and 57th is estimated to be between $33 million and $34 million.
Councilmember Gutowsky asked how long the behavioral health facility will be functioning before
the landfill officially closes. Kadrich replied there could be up to two years of overlap that the
existing landfill would be operational while the behavior health facility is functioning if things
stay on schedule.
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Mayor Troxell opposed the current process and stated the best location should be found, not the
most affordable one, and all cities and towns should be involved.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, that the City
Council designate Mayor Wade Troxell [and City Manager or his designee] to represent the
Council in expressing to the City Council of the City of Loveland and the Board of County
Commissioners the following Council position regarding the siting of the proposed County
Behavioral and Mental Health Facility:
a. The Council appreciates the County Commissioners’ consideration of the City’s input
regarding the siting of the Facility; and
b. The Council requests and encourages the County to either:
i. select one of the alternative sites that has been identified through the site work conducted
in collaboration with the City and others this summer; or
ii. alternatively, work with all interested cities and towns in Larimer County to design a new
process for selection of a site for the Facility, including review and updating of the
selection criteria.
Mayor Pro Tem Stephens stated she proposed this motion because some viable sites have been
identified and using one of those may expedite the process; however, if there is no agreement,
additional work with the municipalities on new sites and criteria may be beneficial. It is short-
sighted to think this facility should be located on a site that may continue to be a landfill for a
number of years and will continue to house industrial uses into the future. This should not be a
best practice and expressed concern about isolating patients in this location.
Councilmember Summers expressed concern about starting the process from scratch and stated
more isolation is better for behavioral health patients. He opposed the expectation that all
individuals needing mental health services also need public transportation.
Councilmember Cunniff supported including a lease partnership as a criterion. He expressed
concern about the intersection of the behavioral health use and the ongoing operation of waste
transfer, composting, and recycling at the existing landfill facility.
Councilmember Gorgol noted she had expressed concern about the land lease and parcel size
criteria and discussed the importance of access to the facility via both public and private
transportation. She questioned why a temporary facility could not be set up prior to the
construction of the permanent location.
Councilmember Summers commended the suggestion of a temporary facility. Mayor Pro Tem
Stephens and Councilmember Pignataro accepted the inclusion of that language as a friendly
amendment.
Councilmember Gutowsky supported examining other permanent sites and noted services are
being provided, just not under one roof.
City Attorney Daggett added a new subsection to the motion as follows:
c. The Council encourages the County to investigate and, if feasible, make use of a temporary
facility to make the desired services available to the public at an earlier date.
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Mayor Pro Tem Stephens and Councilmember Pignataro accepted the motion addition as a friendly
amendment.
Councilmember Pignataro thanked the County and City of Loveland for their participation and
information. Mayor Troxell concurred.
Consideration of a Motion designating Mayor Wade Troxell [and City Manager or his designee] to represent
the Council in expressing to the City Council of the City of Loveland and the Board of County
Commissioners the following Council position regarding the siting of the proposed County Behavioral and
Mental Health Facility.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
ADJOURNMENT
The meeting adjourned at 6:09 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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August 11, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
(SECRETARY'S NOTE: (Secretary’s Note: Due to the COVID-19 crisis and state and local orders
to remain safer at home and not gather, all councilmembers, staff, and citizens attended the meeting
remotely, via teleconference.)
Mayor Troxell outlined the remote participation options.
ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
STAFF PRESENT: Atteberry, Daggett, Coldiron
1. Planning and Zoning Board Interview Process. (Adopted)
The purpose of this item is to discuss the process to conduct interviews for the Planning and Zoning
Board.
Mayor Troxell stated Council received a read-before memo outlining the Planning and Zoning
Board applicants he and Councilmember Cunniff have suggested move forward for interviews for
the one vacancy on the Board. He asked if any Councilmembers would recommend other
applicants be interviewed.
Councilmember Gutowsky stated she would like Jerry Gavaldon added to the list for interviews.
Councilmember Pignataro discussed the process she used while evaluating the 36 applications and
noted she prioritized diversity and individuals who have yet to serve on a Board or Commission.
Mayor Pro Tem Stephens thanked the applicants and encouraged those who were not selected for
interviews to apply for other boards positions.
Councilmember Summers stated he would like Chad Bowman added to the list for interviews.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to designate the
thirteen applicants discussed to be interviewed and considered for appointment to the Planning and
Zoning Board.
Councilmember Cunniff thanked the applicants and encouraged those who were not selected for
an interview to stay involved.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
OTHER BUSINESS
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ADJOURNMENT
The meeting adjourned at 6:19 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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August 18, 2020
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
(Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home
and not gather, this meeting was conducted using a hybrid approach allowing in-person
participation with strict protocols and a variety of remote participation options.)
Mayor Troxell outlined the remote participation options.
• ROLL CALL
PRESENT: Pignataro (remote), 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
Jason Knebgl stated the level of violence that occurred on August 8th should be unacceptable in
Fort Collins. He questioned what Council is going to do to ensure that Fort Collins citizens can
exercise their First Amendment rights without having to worry about them being stripped through
the threat of force and violence by groups like Antifa.
(Secretary's Note: The Council took a brief recess at this point in the meeting due to technical
issues.)
Paul D'Auria thanked Council and previous Council's for the City's open spaces and trail system.
He expressed support for law enforcement in general and Fort Collins Police Services in particular
and encouraged Council to express its support with a proclamation.
Cory Carroll, Sierra Club Poudre Canyon Group, commended Council's pausing of the Hughes
Stadium site rezoning and expressed support for preserving the site as an environmental resource.
Pat (no last name given), Willow Springs Community Association President, discussed Item No.
13, First Reading of Ordinance No. 106, 2020, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements for the Timberline
Capital Improvement Project - Stetson Creek Road to Trilby Road. She stated the widening of
Timberline is needed due to existing traffic congestion and she commended the work of City staff
on the project to this point.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Summers noted Item No. 13, First Reading of Ordinance No. 106, 2020,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to
Construct Public Improvements for the Timberline Capital Improvement Project - Stetson Creek
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Road to Trilby Road, gives the City the authority to acquire extra right-of-way on both sides of
Timberline.
Councilmember Gorgol asked about the community messaging around the events of August 8th.
John Feyen, Assistant Chief, commented on the messages sent by the Police Chief related to the
desire of Police Services to hear all points of view in a peaceful manner.
Councilmember Gorgol asked about the possibility of a more human-centered approach to
community-wide messaging. City Manager Atteberry replied staff is working on a memo
addressing some of those issues and it will be provided in Council's Thursday packet.
Mayor Pro Tem Stephens discussed the importance of civil dialogue and noted most of those
arrested on August 8th for violent acts were from out of town. She also noted Council expressed
its support for the Police and the work they do in the community at the last meeting.
• CONSENT CALENDAR
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the July 28, 2020 Regular Council Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the July 28, 2020 Regular Council meeting.
2. Second Reading of Ordinance No. 095, 2020, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Transfer to the FC Moves Wayfinding Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, appropriates unanticipated
philanthropic revenue in the General Fund to FC Moves, Planning, Development and Transportation
to place approximately 100 permanent bicycle wayfinding signs across 4-5 existing low stress routes.
The identified locations have generally lower traffic and speed, and/or have dedicated bicycle
infrastructure.
3. Second Reading of Ordinance No. 096, 2020, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Transfer to the Natural Areas Fund for Restoration of Land
at 2540 West Vine Drive. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, appropriates $76,125 in
unanticipated philanthropic revenue in the General Fund for transfer to Natural Areas. The funds
represent extraordinary community generosity and create a dedicated fund for the conservation of 38
acres at 2540 West Vine Drive, which was recently purchased by Natural Areas.
4. Second Reading of Ordinance No. 097, 2020, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for 30% Design
of the West Elizabeth Enhanced Travel Corridor Project and Related Art in Public Places.
(Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, appropriates $1.5 million
in funding to complete thirty percent (30%) design of the West Elizabeth Enhanced Travel Corridor
(the “Project”). The Council Finance Committee endorsed staff’s recommendation to appropriate
$375,000 in City Transit reserves to satisfy the City’s one-half share of the required local match at its
May 18, 2020 meeting.
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The West Elizabeth travel corridor is currently the highest priority pedestrian/alternative mode area for
improvement in the City and was highlighted in City Plan and the Transit Master Plan. The City was
awarded a $750,000 Multimodal Options Fund grant (“MOF” Grant) from the North Front Range
Metropolitan Planning Organization (NFRMPO) to help complete 30% design of the Project. (CDOT
manages the grant funding for NFRMPO). CSU has agreed to appropriate $375,000 to help fulfill the
grant match requirements. The City will be required to bring $375,000 in local funds to fulfill the total
match and complete the $1.5 million design.
This Project involves estimated construction costs of more than $250,000, and as such, Section 23-
304 of the City Code requires one percent of qualified appropriations to be transferred to the Cultural
Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. One percent
(1%) of the total City local match, a total of $3,750, has be has been identified as the recommended
transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund to meet this Code
requirement. Neither the MOF Grant nor the CSU funding is eligible to be used for art and is excluded
from the calculation.
5. Second Reading of Ordinance No. 098, 2020, Amending Section 18-6 of the Code of the City of
Fort Collins Regarding Mobile Home Park Management and Livability. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, presents proposed City
Code updates related to the livability issues identified by residents, property managers, and owners of
manufactured housing communities. Staff’s recommendation includes the following Code changes:
• The establishment of a new requirement for every mobile home park owner to post an onsite
manager’s name, regular office hours, and emergency contact instructions in both English and
Spanish in a conspicuous location near the park entrance or management office in Section 18-6(a).
• The establishment of a new, consistent requirement that trees and tree maintenance costs in
mobile home parks in Fort Collins are the responsibility of mobile home park owners and that tree
maintenance costs may not be charged to residents in Section 18-6(c).
• The establishment of limitations on property owner or manager-required upgrades or improvements
to a mobile home or mobile home lot by residents. Upgrades or improvements related to the mobile
home’s exterior maintenance, repair, and upkeep under the park’s lawful rules are allowed in
Section 18-6(e).
• The expansion of protection for organizing homeowners’ associations for mobile home parks
outlined in Colorado Revised Statute § 38-12-206 to include neighborhood groups that represent
residents and renters as well as homeowners and the establishment of protection against retaliation
for participating in mobile park homeowner’s associations, neighborhood groups, and community
meetings in Section 18-6(f).
6. Second Reading of Ordinance No. 099, 2020, Authorizing the Conveyance of an Emergency
Access Easement on 2554 Midpoint Drive to 2536 Midpoint Drive, LLC. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, authorizes the conveyance
of an emergency access easement to 2536 Midpoint Drive, LLC on City-owned real property located
at 2554 Midpoint Drive. In exchange, 2536 Midpoint Drive, LLC will convey a similar emergency
access easement to the City on its adjacent real property located at 2536 Midpoint Drive. The
easements will satisfy regulatory requirements to allow fire trucks and other emergency service
vehicles to enter one property and exit from the other.
7. Second Reading of Ordinance No. 100, 2020, Amending the Land Use Code to Establish a
Manufactured Housing Zone District. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, presents Land Use Code
(LUC) updates related to the creation of a new zone district for manufactured housing preservation.
The staff recommendation includes the following LUC changes:
• The establishment of a new Manufactured Housing (M-H) zone district in Article 4. The district
includes its own unique set of permitted land uses and standards related to density, setbacks,
building height, building size, and parking.
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• New definitions in Article 5 for ‘manufactured home’ and ‘manufactured housing community’ which
will replace existing definitions for the terms ‘mobile home’ and ‘mobile home park.’
• Numerous changes throughout Articles 1-4 which serve to reference or classify the new zone
district within the context of other general Code standards and process procedures.
8. Second Reading of Ordinance No. 101, 2020, Extending the Moratorium on Certain
Redevelopment Affecting Existing Mobile Home Parks Until December 30, 2020. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2020, extends a moratorium,
through December 30, 2020, upon the City’s acceptance of any application for development of any
kind that, if granted, could result in the partial or total closing or reduction in capacity of any existing
mobile home park, to address the issues and concerns identified in the recitals contained in Ordinance
No. 099, 2019.
9. First Reading of Ordinance No. 102, 2020, Appropriating Unanticipated Department of Justice
Coronavirus Emergency Grant Revenue in the General Fund for Police Services. (Adopted)
The purpose of this item is to appropriate funds awarded by the Department of Justice (DOJ) for the
formula grant FY 2020 Coronavirus Emergency Supplemental Funding Grant. This grant award of
$100,818 will defray certain expenses the City has incurred responding to the COVID-19 Pandemic,
which includes the purchase of personal protective equipment, cleaning supplies, and communication
expenses along with overtime associated with the response.
10. First Reading of Ordinance No. 103, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give from The Friends of the Gardens on Spring Creek for Transfer to The
Gardens on Spring Creek. (Adopted)
The purpose of this item is to appropriate $75,000 in philanthropic revenue in the General Fund for
transfer to The Gardens on Spring Creek to support general operating costs as designated by the donor,
The Friends of the Gardens on Spring Creek. The Friends of the Gardens on Spring Creek is an
independent not-for-profit 501(c)(3) organization established in 1988 whose mission is to support The
Gardens through advocacy, community engagement, volunteerism and fundraising.
11. First Reading of Ordinance No. 104, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give from the Urban Agriculture Resilience Program through The Friends of
the Gardens on Spring Creek for The Gardens on Spring Creek. (Adopted)
The purpose of this item is to appropriate $15,000 in philanthropic revenue in the General Fund for
transfer to The Gardens on Spring Creek. Facilitated by The Friends of the Gardens on Spring Creek,
the funding award is made from the Urban Agriculture Resilience Program for the designated purpose
of urban agriculture and community gardening.
12. First Reading of Ordinance No. 105, 2020, Appropriating Unanticipated Philanthropic Revenue
Received by City Give for Transfer to the Recreation Fund for the Fort Collins Senior Center.
(Adopted)
The purpose of this item is to appropriate $66,652 in philanthropic revenue in the General Fund for
transfer to the Fort Collins Senior Center in the Recreation Fund for support of general operations.
The charitable funds are the disbursement of revenue from a Designated Endowment held by the
Community Foundation of Northern Colorado to benefit the Fort Collins Senior Center.
13. First Reading of Ordinance No. 106, 2020, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements for the Timberline
Capital Improvement Project - Stetson Creek Road to Trilby Road. (Adopted)
The purpose of this item is to request Council to authorize the use of eminent domain, if deemed
necessary, to acquire property interests needed for construction improvements for the Project.
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14. Resolution 2020-076 Authorizing the City Manager to Sign a Master Lease Agreement with SQF,
LLC for Small Wireless Communication Equipment Attachments on City Facilities in Public
Rights-of-Way. (Adopted)
The purpose of this item is to authorize the City Manager to enter into a Master License Agreement
with Tilson Tech, through its asset owning affiliate, SQF, LLC, concerning the use of the City's
infrastructure and rights-of-way for small cellular equipment and associated uses.
15. Resolution 2020-077 Authorizing Execution of Resolutions and Agreements to Finalize
Transition of City-Sponsored 401(a) Money Purchase Pension Plans, 457(b) Deferred
Compensation Plans and Post-Employment Health Plans to Nationwide Retirement Solutions,
Inc. (Adopted)
The purpose of this item is to seek Council authorization to execute resolutions, agreements and a
plan document necessary to finalize transition of City-sponsored retirement plans from one
recordkeeper to another. The agreements include adoption agreements for City-sponsored 401(a)
money purchase pension plans, 457(b) deferred compensation plans and affiliation agreements. The
retirement plans were established for City employees based upon employment classifications.
Council is asked to consider and adopt trust agreements for the 401(a) money purchase pension plans
and 457(b) deferred compensation plans. Council is also asked to consider and adopt the plan
document for post-employment health plans (PEHP), offered through a Voluntary Employees’
Beneficiary Association (VEBA) Trust, the PEHP trust agreement and resolutions prepared by
Nationwide Retirement Solutions, Inc.
16. Resolution 2020-078 Authorizing the First Addendum to Assistant Municipal Judge Brandi
Nieto’s Employment Agreement. (Adopted)
The purpose of this item is to increase Judge Brandi Nieto’s pay rate to eighty-five dollars ($85) per
hour. This pay rate is aligned with similar cities and with the pay rate for the newly-appointed Assistant
Municipal Judge, Michelle Kline.
17. Resolution 2020-079 Making Appointments to Various Boards and Commissions. (Adopted)
The purpose of this item is to appoint three individuals to fill vacancies on various boards and
commissions that exist due to the resignation of previous members.
18. Resolution 2020-080 Approving Appointment of Directors to the Midtown Business
Improvement District Board of Directors. (Adopted)
The purpose of this item is to appoint John Hoxmeir to the Midtown Business Improvement District
Board of Directors and to ratify and reaffirm the previous appointment of Mike Dellenbach, Spiro
Palmer, Patrick Bunyard and Carrie Baumgart to the Board.
• CONSENT CALENDAR FOLLOW-UP
Mayor Troxell commented on the number of CityGive appropriations that have been on recent
Consent Agendas. He stated these appropriations reflect the extraordinary generosity of the
community and discussed Item No. 3, Second Reading of Ordinance No. 096, 2020, Appropriating
Unanticipated Philanthropic Revenue Received by City Give for Transfer to the Natural Areas
Fund for Restoration of Land at 2540 West Vine Drive. He stated the fundraising for this item is
an exciting example of neighbors giving to their community.
Councilmember Cunniff requested an update regarding the study of the Gardens on Spring Creek
admissions costs.
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• STAFF REPORTS
Staff Report: COVID Testing of Wastewater (staff: Jason Graham)
Jason Graham, Director of Wastewater Operations, stated wastewater samples provide a
community-wide screenshot of the presence of the SARS COVID-2 virus in the community. He
stated the data that is being collected related to the viral load in wastewater can help inform public
health officials of next steps should an increase in viral load occur on a micro level, such as in a
dorm at a university.
Councilmember Cunniff asked when tracking was able to be started. Graham replied the City
samples started about a month ago and baseline data is beginning to accrue now.
Staff Report: Community Dashboard Metric: Paved Trails - Cumulative Number of Visits (staff: Mike
Calhoon)
Robert Crabb, Senior Parks Manager, stated this metric is in strategic alignment with the key
outcome area of culture and recreation, specifically planning, designing, implementing, and
maintaining the City's parks and trails systems. There are over 44 miles of paved trails in the Fort
Collins system that include 22 motion-sensor counters located on various sections. He discussed
the count numbers from the previous 5 years and noted there has been a 29% increase in users
when comparing the second quarter of 2019 to the second quarter of 2020.
Councilmember Gorgol asked if there have been impacts from the increased use of trails. Crabb
replied there have been a couple Access Fort Collins concerns and some instances wherein rangers
have needed to provide education to specific users.
Councilmember Pignataro asked if there are numbers related to the use of electric bikes or scooters
on paved trails. Tessa Greegor, FC Moves, replied there have been anecdotal reports of additional
E-bike trail use and noted annual trail count data will be collected in September. Previous data
has shown about a 1% use of E-bikes.
Councilmember Pignataro asked whether E-bikes and E-scooters can be used in bike lanes.
Greegor replied both are allowed to be used in bike lanes and only class 1 and 2 E-bikes are allowed
on the paved trails, not E-scooters or class 3 E-bikes.
Councilmember Pignataro asked if there is a threshold for considering a trail to be too crowded
and what would be done if that were met. Crabb replied the September data-gathering period will
allow staff to intelligently establish a threshold. Greegor replied there may be an opportunity to
have some of those discussions as part of the upcoming Parks and Recreation Master Plan update
effort.
Councilmember Cunniff stated it feels like there may be some users who are not familiar with the
rules of trails, particularly related to audible passing indications and gasoline-powered bikes and
scooters. He expressed concern regarding the idea that budget dollars will be shifting from capital
construction of trails to more maintenance activities in parks.
Mayor Troxell commented on the dedication of the northwest trail this past week and on trail use
of horseback riders for which audible signals are also important.
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• COUNCILMEMBER REPORTS
Councilmember Cunniff reported the Platte River Power Authority Board is restarting the
integrated resource plan process and encouraged Council and citizens to provide comments on the
appropriate mix of electric generation.
Councilmember Gorgol reported on the ribbon cutting for the Northwest Trail segment. She also
indicated the Community Impact Committee is meeting on Monday at 3:00 pm and reported she
and Councilmember Gutowsky have been continually meeting with the School Board and the
County to discuss reopening and ensuring students have the services they need.
Mayor Troxell reported on the Northern Colorado Regional Airport open house to gather input
regarding its strategic plan and master plan. He also reported on Colorado State University
resuming classes and on the importance of education related to coronavirus transmission.
• DISCUSSION ITEMS
19. Resolution 2020-069 Approving an Agreement to Secure Public Benefits for Waters’ Edge
Development as Provided in the Service Plan for Waters’ Edge Metropolitan District Nos. 1
through 5. (Adopted)
The purpose of this item is to consider a Resolution adopting an Agreement to Secure Public Benefits
for the Waters’ Edge Development. The Agreement is contemplated in the Consolidated Service Plan
for Waters’ Edge Metropolitan Districts Nos. 1-5, approved by City Council on September 18, 2018.
Staff has completed its review of the Agreement to ensure it conforms to the service plan adopted by
Council. Council considered this item on July 21, 2020 and continued the item to August 18, 2020, to
allow for modifications to the Agreement.
Paul Sizemore, Interim Community Development and Neighborhood Services Director, stated this
item is a Resolution for adoption of the public benefits agreement for the Water's Edge Metro
District. The proposed Resolution was continued to this meeting in order to allow for Council-
requested modifications. He reviewed the proposed Water's Edge project and approved service
plan including public benefits to be provided.
Sizemore stated Council previously requested staff work with the developer to further develop two
areas of the affordable housing provisions: 1) clarifying the required criteria for affordability
should be scalable based on the household size and 2) including additional provisions that further
secure the affordable housing not just for the original transaction but also for the full 20 years
required in the deed. He outlined the resulting changes that have been made.
Bill Swalling, Water's Edge developer, stated this development will provide a variety of housing
types to the community with the aim of meeting City goals. All of the housing types will be
accessible and the development will focus on nature in the city. He requested support of the public
benefits agreement.
Catherine Hance, attorney at Davis, Graham and Stubbs representing the developer, further
detailed the changes made to the agreement noting staff has determined the revised agreement
adequately secures the benefits established by the service plan.
Robert Rogers, White Bear and Ankele, metropolitan district counsel, discussed the evolution of
the affordable housing provisions in the City's various previously approved public benefits
agreements. He requested support of the public benefits agreement.
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Councilmember Gorgol asked how the affordable housing units are being financed. Ms. Hance
replied the financing will occur once the final determination whether the units will be for sale or
for lease has been made. The most likely financing source will be participation through a HUD
program.
Councilmember Gutowsky asked if the affordable housing units will be deed restricted. Ms. Hance
replied there is a restriction for the 20-year covenant period.
Councilmember Cunniff asked about the duration of the metropolitan district tax collections. Mr.
Swalling replied there is a 40-year mill levy term.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Resolution 2020-069.
Mayor Pro Tem Stephens thanked staff for making the public benefits more robust. She would
have preferred to see a full 10% of the units be affordable; however, the metropolitan district was
previously approved, and the agreement comports with the promised public benefits.
Councilmember Summers commended the Water's Edge team for their extra work.
Councilmember Cunniff stated that while the agreement is much improved, he would still be
opposing the motion due to the broader policy conversation that needs to occur. He would have
liked to have been more deliberate at the time of the metropolitan district formation and at the time
of considering metropolitan district policies.
Councilmember Gorgol stated she would have liked to have seen more affordable units; however,
the metropolitan district has already been approved and the revisions addressed her concerns. She
agreed there is a bigger policy discussion that will be necessary.
Councilmember Gutowsky stated she would support the motion and thanked staff and the
developers for addressing Council's concerns.
Mayor Troxell stated he would support the motion and stated this is a needed development
providing necessary public benefits in the community.
RESULT: RESOLUTION 2020-069 ADOPTED [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell
NAYS: Cunniff
20. Council Consideration of a Motion to Authorize a Remote Hearing for the 613 South Meldrum
Street Appeal. (Adopted)
The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council
on June 16, 2020, to allow Council to hear an appeal of a development project decision using remote
technology. The action under appeal is a Type 1 Administrative Hearing decision related to the 613
South Meldrum Street Modifications of Standards (MOD200001). A decision was rendered on the
project on July 15, 2020 by an administrative hearing officer, and an appeal was timely filed on July
29, 2020. Per City Code, the deadline for Council to hear this appeal is October 14, 2020.
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Ordinance No. 079, 2020, authorizes Council and various boards and commissions to hear quasi-
judicial items but specifically excludes from that authorization decisions related to zoning/rezoning,
appeals, and additions of permitted use (APUs). The Ordinance does, however, allow Council, by
motion adopted by at least five Councilmembers, to authorize exceptions to that exclusion. In order to
authorize a remote hearing for the 613 South Meldrum Street Appeal, Council must find that such
hearing is pressing, requires prompt action, and that virtual technology will provide for sufficient public
participation and input. A suggested motion is provided at the end of this Agenda Item Summary.
Rebecca Everette, Development Review Manager, stated this item would authorize a remote or
hybrid format hearing for consideration of the appeal of the 613 Meldrum Modification of
Standards. She added that the appeal hearing date has been moved to October 6th and summarized
the appeal of the decision to deny the modification of standards request.
Everette stated there has been limited community and neighborhood interest in the project and staff
feels a remote or hybrid hearing format would provide adequate opportunity for public and
applicant participation.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to authorize a
remote hearing for the 613 South Meldrum Street appeal.
Councilmember Gorgol stated she would support a hybrid meeting to allow for participation from
more citizens.
Councilmember Pignataro stated she would support the motion as the appellant is in favor of a
remote hearing.
Mayor Pro Tem Stephens clarified a hybrid meeting is a remote meeting and noted there does seem
to be limited public interest; therefore, a remote/hybrid meeting makes sense.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• OTHER BUSINESS
Consideration of a motion to adjourn the City Council meeting to conduct the General Improvement
District No. 1 meeting then return to the regular City Council meeting.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
temporarily adjourn the regular meeting to conduct the General Improvement District No. 1 Board
meeting and resume later this evening upon completion of the General Improvement District No.
1 Board meeting.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
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Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
Councilmember Gorgol stated she has been discussing legal defense funds with City Attorney
Daggett and suggested Council direct staff to look more closely at a legal defense fund program
to help with evictions.
Councilmember Pignataro asked if pursuing this would push other priorities back. City Attorney
Daggett replied in the affirmative but stated it could be done with minimal effort should staff
examine ways to contract with other organizations that might be suited to provide these services.
Councilmember Summers questioned who would receive assistance with this program noting rent
assistance is being provided with COVID-19 funding. Councilmember Gutowsky replied a
number of seniors have expressed concerns in not understanding their rights when faced with
eviction. Councilmember Gorgol replied she would like to see the program help provide legal
support for evictions.
Councilmember Cunniff stated this would be a good way to help provide assistance to renters who
may not know how to approach a landlord with a payment plan or other alternatives to eviction,
which could lead to better outcomes for both parties.
Mayor Pro Tem Stephens expressed support for the idea.
Councilmember Summers stated he would prefer to see dollars go to rent assistance as opposed to
legal fees.
City Manager Atteberry stated staff will research the topic and return before Council with
suggestions.
Councilmember Summers stated there could be benefit to Council making a specific statement of
support for law enforcement officers and affirming the rights of citizens to feel secure in peacefully
assembling and expressing views.
Councilmember Cunniff supported further discussion and stated it is important to support both the
hard work of law enforcement officers and address citizen concerns related to the fairness of how
resources are applied.
Consideration of a motion to adjourn into executive session to discuss a real property acquisition
and related legal issues.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, that the City
Council go into Executive Session for the purpose of discussing with City staff real property
acquisitions for the provision of congregate and other forms of temporary shelter for persons
experiencing homelessness, as permitted under City Charter Article Roman Numeral Two, Section
11(3), Section 2-31(a)(3) of the City Code, and Colorado Revised Statutes Section 24-6-402(4)(a).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
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Consideration of a motion to adjourn into executive session to discuss legal issues and potential
litigation.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session for the purpose of meeting with the City’s attorneys and staff to
discuss specific legal questions related to potential litigation regarding the approval by Larimer
County of the Street Media electronic billboard located at 4414 East Harmony Road, as permitted
under City Charter Article Roman Numeral Two, Section 11(2), City Code Section 2-31(a)(2), and
Colorado Revised Statutes Section 24-6-402(4)(b).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Councilmember Cunniff made a motion, seconded by Councilmember Summers, that Council
direct the City Attorney, in coordination with the City Manager, to proceed with the filing of a
Rule 106 lawsuit in Larimer County District Court to challenge the Larimer County Board of
Commissioners’ approval of the Street Media electronic billboard located at 4414 East Harmony
Road, near the I-25 and Harmony Interchange and within the City’s Growth Management Area.
Councilmember Cunniff noted this is essentially an appeal of a decision with which the City does
not agree.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
• ADJOURNMENT
The meeting adjourned at 10:19 PM.
_____________________________
Mayor
ATTEST:
________________________________
City Clerk
1.3
Packet Pg. 31 Attachment: August 18, 2020 (9465 : Minutes- 8/10, 8/11, 8/18)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Nina Bodenhamer, City Give Director
Jackie Kozak-Thiel, Chief Sustainability Officer
Ingrid Decker, Legal
SUBJECT
Second Reading of Ordinance No. 107, 2020, Appropriating Unanticipated Philanthropic Revenue Received by
City Give for Transfer to Social Sustainability in the General Fund for the Equity Indicators Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2020, appropriates $20,000 in
philanthropic revenue in the General Fund for transfer to Social Sustainability for the support of the Equity
Indicators project as designated by the donor, Bohemian Foundation. In a commitment to advance equitable
outcomes, the City has selected CUNY Institute for State and Local Governance (ISLG) to lead an Equity
Indicators project which will establish a framework for measuring and understanding the inequities that exist in
Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (PDF)
2. Ordinance No. 107, 2020 (PDF)
2
Packet Pg. 32
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 1, 2020
City Council
STAFF
Nina Bodenhamer, City Give Director
Jackie Kozak-Thiel, Chief Sustainability Officer
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 107, 2020, Appropriating Unanticipated Philanthropic Revenue Received by
City Give for Transfer to Social Sustainability in the General Fund for the Equity Indicators Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $20,000 in philanthrop ic revenue in the General Fund for transfer to
Social Sustainability for the support of the Equity Indicators project as designated by the donor, Bohemian
Foundation. In a commitment to advance equitable outcomes, the City has selected CUNY Institute for State
and Local Governance (ISLG) to lead an Equity Indicators project which will establish a framework for measuring
and understanding the inequities that exist in Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In a commitment to advance equitable outcomes, the City will contract with CUNY Institute for State and Local
Governance (ISLG) to lead an Equity Indicators project establishing a framework for measuring and
understanding the inequities that exist in Fort Collins.
ISLG will collect and analyze data disaggregated by race, ethnicity, and other demographic factors to examine
the broader landscape of disparities in outcomes in Fort Collins and work closely with the City and community
to develop a set of Equity Indicators that will be used to track progress in reducing key disparities.
The project’s goal is to develop a baseline quantitative framework that can be used by City staff and community
members alike to better measure inequities in our community, particularly equality gaps connected to racial
justice.
While the Equity Indicators themselves cannot directly address inequities, they will inform the City’s equity work
moving forward, and can help to increase transparen cy and accountability. It will enable the City to monitor
changes in the disparities for different groups over time and will offer an opportunity for City staff and community
members to work in collaboration to devise and implement course correction and ce lebrate progress.
Equity Indicators measure equality across multiple outcomes, including economy, education, health, housing
and justice. The specific local measures will be determined and finalized once the project launches.
The grant is awarded by Bohemian Foundation, a Fort Collins-based private family foundation that supports
local, national, and global efforts to build strong communities. Funding for Equity Indicators was awarded by
ATTACHMENT 1 2.1
Packet Pg. 33 Attachment: First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (9457 : SR 107 Philanthropic Equity Indicators)
Agenda Item 7
Item # 7 Page 2
Bohemian Foundation’s Community Programs which is committed to the car e and enrichment of our local
community.
The City Manager recommends the appropriation described herein and determined that this appropriation is
available and previously unappropriated from the General Fund and will not cause the total amount appropriated
in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in the
General Fund during this fiscal year. He is also recommending the transfer described herein and has determined
that the purpose for which the transferred funds are to be expended remains unchanged.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $20,000 of philanthropic revenue toward a total project budget of $80,000. The
revenue is being appropriated into the General Fund for transfer to Social Sustainability, Sustainability Services.
The remaining $60,000 was appropriated in 2020 through 2019 revision offers, for expenditure on this project in
the General Fund. The funds have been received and accepted per City Give Administr ative and Financial
Policy.
PUBLIC OUTREACH
ISLG, in partnership with the City, will engage stakeholders throughout the Equity Indicators project to ensure
that the data collection, analysis, and indicator development are responsive to the Fort Collins c ommunity and
the equity work that has already been done.
This engagement will include two stages: In the first stage, ISLG will gather initial input from government
stakeholders and data partners on key inequity issues and disaggregated data sources for a preliminary
landscape analysis. The second stage will be a robust and inclusive engagement effort, including community
listening sessions, an online survey, and other outreach methods, where community members can respond to
the preliminary analysis and help to determine which inequity issues will be selected as Equity Indicators.
2.1
Packet Pg. 34 Attachment: First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (9457 : SR 107 Philanthropic Equity Indicators)
-1-
ORDINANCE NO. 107, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC REVENUE RECEIVED BY
CITY GIVE FOR TRANSFER TO SOCIAL SUSTAINABILITY IN THE GENERAL FUND
FOR THE EQUITY INDICATORS PROJECT
WHEREAS, the City is preparing to launch the Equity Indictors project, through a contract
with the CUNY Institute for State and Local Governance, to collect and analyze data to measure
and understand inequities in Fort Collins (the “Project”); and
WHEREAS, the total Project budget is $80,000; and
WHEREAS, the Bohemian Foundation has awarded the City a grant of $20,000 to help
support the Project; and
WHEREAS, the remaining $60,000 of the Project budget is already appropriated and
available for expenditure in the General Fund; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of helping the City analyze disparities in outcomes
among City residents, particularly equality gaps connected to racial justice; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that these appropriations are available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues to be received in these funds during the fiscal year; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project account to another fund or capital project account, provided that
the purpose for which the transferred funds are to be expended remains unchanged; and
WHEREAS, the City Manager has recommended the transfer described herein and
determined that the purpose for which the transferred funds are to be expended remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That 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 philanthropic revenue
2.2
Packet Pg. 35 Attachment: Ordinance No. 107, 2020 (9457 : SR 107 Philanthropic Equity Indicators)
-2-
in the General Fund the sum of TWENTY THOUSAND DOLLARS ($20,000) for transfer to the
Social Sustainability Department in the General Fund and appropriated therein for the Equity
Indicators Project.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2020, and to be presented for final passage on the 15th day of September, A.D.
2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
2.2
Packet Pg. 36 Attachment: Ordinance No. 107, 2020 (9457 : SR 107 Philanthropic Equity Indicators)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Lisa Rosintoski, Utilities Deputy Director, Customer Connections
Jamie Gaskill, Sr. Supervisor, Project Management
Cyril Vidergar, Legal
SUBJECT
Second Reading of Ordinance No. 108, 2020, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify Utility Accounts, Billing and Collections.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2020, adopts changes to City Code
to align with requirements in the 2020-2025 LEAP Vendor Agreement. Under current billing practices, utility
bills are treated as a single customer account payment balance, and payments made to an account are
applied equally across utility service products on that account. The Code changes will allow for Low-Income
Energy Assistance Program (LEAP) payments to be applied only to electric service (as required in the 2020-
2025 LEAP Vendor Agreement), even if a customer has other Fort Collins utility services (e.g., water,
wastewater, stormwater and/or broadband).
These Code changes will enable Fort Collins Utilities to remain a LEAP Vendor which benefits the 200+
income-qualified customers that receive LEAP in two ways: (1) they get a more accurate benefit amount
because Fort Collins Utilities is able to provide Estimated Home Heating Costs (EHHC) from which LEAP
bases benefit calculations, and (2) it is more convenient for the customer because LEAP payments are
automatically applied to a customer’s utility account.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (PDF)
2. Ordinance No. 108, 2020 (PDF)
3
Packet Pg. 37
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 1, 2020
City Council
STAFF
Lisa Rosintoski, Utilities Deputy Director, Customer Connections
Jamie Gaskill, Sr. Supervisor, Project Management
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 108, 2020, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify Utility Accounts, Billing and Collections.
EXECUTIVE SUMMARY
The purpose of this item is to adopt changes to City Code to align with requirem ents in the 2020-2025 LEAP
Vendor Agreement. Under current billing practices, utility bills are treated as a single customer account payment
balance, and payments made to an account are applied equally across utility service products on that account.
The Code changes will allow for Low-Income Energy Assistance Program (LEAP) payments to be applied only
to electric service (as required in the 2020 -2025 LEAP Vendor Agreement), even if a customer has other Fort
Collins utility services (e.g., water, wastewater, stormwater and/or broadband).
These Code changes will enable Fort Collins Utilities to remain a LEAP Vendor which benefits the 200+ income -
qualified customers that receive LEAP in two ways: (1) they get a more accurate benefit amount because Fort
Collins Utilities is able to provide Estimated Home Heating Costs (EHHC) from which LEAP bases benefit
calculations, and (2) it is more convenient for the customer because LEAP payments are automatically applied
to a customer’s utility account.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
LEAP Vendor Background
Fort Collins Utilities became a Low-Income Energy Assistance Program (LEAP) Vendor in 2016 as part of the
City’s efforts to start the Income-Qualified Assistance Program. Instead of requiring customers to complete a
separate qualification threshold, the Income-Qualified Assistance Program uses LEAP enrollment as the
qualification criteria for eligible customers to receive discounted rates on select utility services. Although being
a LEAP Vendor is not a requirement for Fort Collins Utilities to access data about LEAP c ustomers, it enables
the City to provide a more streamlined and comprehensive portfolio of low -income programs.
Background on Changes Needed to Maintain LEAP Vendor Status
During the process to renew the LEAP Vendor Agreement between the Colorado Depart ment of Human
Services (CDHS) and Fort Collins Utilities, staff discovered several requirements in the renewal Agreement
that require the City to revise Code and processes to ensure compliance. Prior to staff and CDHS preparing
the renewal Agreement, a federal audit of the LEAP program also revealed a need for LEAP vendors to
provide more specific assurances to CDHS regarding how customer benefits were being applied. According to
ATTACHMENT 1 3.1
Packet Pg. 38 Attachment: First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (9458 : SR 108 LEAP Billing)
Agenda Item 8
Item # 8 Page 2
the Agreement, LEAP benefit payments may only be applied to electric service products. To verify compliance
with this requirement, City Code needs to be modified to state that 100% of LEAP payments may be applied to
the electric service amounts due on a customer’s account, even if other utilities are received at a premise, and
under the City’s general collection practices all monthly service fees are otherwise treated as a single payable
amount.
Staff recommends clarifying the Code and payment processing practices for several reasons:
• Acting as a LEAP Vendor allows Fort Collins Utilities to offer a more comprehensive portfolio of low-income
utility offerings.
• By remaining a LEAP Vendor, Fort Collins Utilities enables customers who receive LEAP payments to
receive more accurate benefit amounts because Fort Collins Utilities can provide LEAP with Estimated Home
Heating Costs (EHHC) that are based on past utility use at the premise where a LEAP recipient resides.
Without the EHHC, LEAP recipients receive payments based on a default formula that may not resemble
actual use at the premise where they reside.
• As a LEAP Vendor, Fort Collins Utilities applies LEAP payments directly to a customer’s utility account. If
Fort Collins Utilities is no longer a LEAP Vendor, customers will receive LEAP benefits on an Electronic
Benefits Transfer (EBT) card, which represents a form of payment not accepted by Fort Collins Utilities. In
which case, customers must get cash out with the EBT card and then pay utility bills in-person, adding extra
time and effort for the customer to pay utility bills using LEAP benefits, increasing barriers to program
outcomes.
CITY FINANCIAL IMPACTS
This Code change will require staff time to execute. Under the separate LEAP Vendor Agreement, additional
costs may be incurred to support manual processes until it is determined whether additional programming may
be required for the new billing software to accommodate the requirement payment processes. There are no other
known financial impacts to the City.
BOARD / COMMISSION RECOMMENDATION
The Energy Board reviewed the proposed Code changes at its regular August 13, 2020, meeting, and staff has
incorporated the Board’s feedback.
The Water Board was presented with the proposed Code changes via a Memorandum during the week of August
17, 2020, and staff has incorporated the Board’s feedback.
ATTACHMENTS
1. LEAP Vendor Agreement (PDF)
3.1
Packet Pg. 39 Attachment: First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (9458 : SR 108 LEAP Billing)
-1-
ORDINANCE NO. 108, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY UTILITY ACCOUNTS, BILLING AND COLLECTIONS
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges
for utility services furnished by the City as will produce revenues sufficient to pay the costs,
expenses and other obligations of the electric utility, as set forth therein; and
WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility
services; and
WHEREAS, Chapter 26, Article XII, of the City Code sets forth the procedures and
conditions for billing and collection of fees and charges for utility services, including resolution
of delinquent balances and service disconnection, and terms for assessing and collecting fees and
charges due for delivery of specified utility services; and
WHEREAS, such provisions require updating and modification from time to time, for
purposes of clarification, correction of errors and to ensure the Code remains a dynamic document
capable of responding to issues identified by staff, customers, and public assistance agencies, and
changes in technology for delivering utility services; and
WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the City
Code where clarification of procedures and conditions for billing and collection are required to
better inform customers and align with current utility practices coinciding with delivery of utility
services to qualified customers on whose behalf the City receives Colorado Low-Income Energy
Assistance Program (LEAP) and other restricted utility program assistance funds; and
WHEREAS, on August 13, 2020, the Energy Board reviewed and provided feedback to
staff regarding the proposed City Code revisions clarifying billing and collection practices; and
WHEREAS, on August 20, 2020, the Water Board reviewed and provided feedback to staff
regarding the proposed City Code revisions clarifying billing and collection practices; and
WHEREAS, the City Council has determined it is desirable to maintain appropriate utility
service billing and collection practices, and that clarification of such practices in the City Code, as
set forth herein, is in furtherance of the benefits provided by the City to its utility ratepayers.
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.
3.2
Packet Pg. 40 Attachment: Ordinance No. 108, 2020 (9458 : SR 108 LEAP Billing)
-2-
Section 2. That Subsection 26-711(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-711. - Definitions; application.
(a) The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in § 26-1 and this Section:
Financial Officer shall mean the head of the Financial Administration Unit or the designated
representative of the Financial Officer.
Program assistance funds shall mean monies received through local, state, or federal grants,
credits, reimbursements, or other programs that provide financial support for qualified public
utility customers served by the City.
. . .
Section 3. That Subsection 26-712(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-712. - Utility bill and account charges authorized; procedures.
(a) The fees and charges established by this Code for services from the electric, stormwater,
water and wastewater utilities may be billed together in one (1) utility bill with such fees and
charges separately itemized and shall be billed to utility users not less than once each month.
Service fees and charges for telecommunication facilities and services may be billed separately or
included on a combined utility bill with other utility services, and such amounts shall be itemized
separately and be payable in addition to all combined utility fees and charges. The Financial
Officer shall collect, receive and disburse all such fees and charges for the separate utility funds in
accordance with the Charter and related provisions of this Code. Other than when applying
program assistance funds restricted to specific utility products or services delivered to qualified
customers, customer utility payments shall be applied uniformly to all combined non-
telecommunication utility service fees and charges due.
. . .
Section 4. That Subsections 26-713 (c) and (e) of the Code of the City of Fort Collins
are hereby amended to read as follows:
Sec. 26-713. - Due date; delinquency.
. . .
(c) In case the user of any non-telecommunication services utility fails to pay a utility bill by
the due date or fails to pay any other utility fee, charge, deposit or assessment prescribed by this
Code, the City may disconnect either or both of the user's water and electric services to the property
3.2
Packet Pg. 41 Attachment: Ordinance No. 108, 2020 (9458 : SR 108 LEAP Billing)
-3-
and has the right to enter upon private property to accomplish this purpose. Such disconnections
shall nevertheless be conditioned upon the terms associated with program assistance funds
received by the City on behalf of qualified customers.
. . .
(e) Unless otherwise required by terms associated with program assistance funds received by
the City on behalf of qualified customers, the terminated utility service will be restored after the
customer or subscriber has paid in full all delinquent fees and charges, plus collection costs,
together with the expenses of discontinuing and restoring service, including costs of after-hours
labor and materials and specified fees, as provided in this Article.
. . .
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2020, and to be presented for final passage on the 15th day of September, A.D.
2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 42 Attachment: Ordinance No. 108, 2020 (9458 : SR 108 LEAP Billing)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Rita Knoll, Chief Deputy City Clerk
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 109, 2020, Amending the Code of the City of Fort Collins to Modify and
Update Requirements and Procedures for City Elections and Campaign Finance in City Elections.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 1, 2020, adopts amendments to the
City’s election campaign Code provisions.
On Second Reading, City staff is proposing minor revisions to the Ordinance concerning the campaign finance
violation process. The first revision corrects a minor typographical error in proposed Section 7-143(b)(1). The
second revision is in proposed Section 7-145(d)(6)(c), which establishes factors for the City Attorney to
consider when determining if the respondent to a campaign finance complaint has substantially complied with
their legal obligations under the Code. On First Reading, one factor for the City Attorney to consider was
stated as whether the respondent’s violation appeared to be an “intentional” attempt to mislead the electorate
or election officials. The revision changes “intentional” to “knowing” to maintain consistency with the usage of
terms within the campaign finance violation Code provisions. The term “knowing” is used elsewhere within
those provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2020 (PDF)
4
Packet Pg. 43
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 1, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Rita Knoll, Chief Deputy City Clerk
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 109, 2020, Amending the Code of the City of Fort Collins to Modify and Update
Requirements and Procedures for City Elections and Campaign Finance in City Elections.
EXECUTIVE SUMMARY
The purpose of this item is to consider proposed amendments to the City’s election campaign Code provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code
and Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a
standing committee of the Council (the Election Code Committee or ECC) for the purpose of identifying and
evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be
needed to adapt to a rapidly changing legal and technological environment. Mayor Troxell and Councilmembers
Pignataro and Summers are the current members of the ECC. Councilmember Pignataro serves as the Chair.
At the August 25, 2020 Work Session, Council reviewed recommended changes to Chapter 7 of the Code of
the City of Fort Collins related to campaigns and campaign finance in City elections from the Election Code
Committee. The items contained in this Ordinance represent all items the Election Code Committee reached
consensus on, as well as one clean-up item requested by staff. A Work Session summary is attached.
(Attachment 1).
A summary of the proposed amendments follows:
Financial Disclosure Filing Date for Councilmembers (Section 2-636):
Staff is recommending that a change occur to Section 2-636 to align filing requirements for seated
Councilmembers and newly elected Councilmembers so that the filing deadline falls on the same date (May 15
each year). Currently, newly elected Councilmembers must file no later than 30 days after their election. In an
election year, half the Council is filing in early May, and the other half is filing mid-May. This proposed
amendment will cause all Councilmembers to file under the same deadline.
The City Manager and City Attorney are required to file a financial disclosure statement no later than 30 days
after his or her appointment, and then annually no later than May 15. No change is recommended to provisions
affecting the City Manager and City Attorney.
ATTACHMENT 1 4.1
Packet Pg. 44 Attachment: First Reading Agenda Item Summary, September 1, 2020 (9475 : SR 109 Election Code - consent)
Agenda Item 9
Item # 9 Page 2
This item was not discussed by the Election Code Committee.
Campaign Contributions/Expenditures (Section 7-135):
Adding Section 7-135(f) clarifies that no issue committee, small-scale issue committee or political committee
shall make a contribution or contribution in kind to any candidate committee.
Elimination of Non-Itemized Contributions (Section 7-136):
Currently all candidate committees, political committees and issue committees must report all contributions and
contributions in kind received in the amount of $20 or more. Members of the public attending ECC meetings
expressed concerns about a lack of transparency resulting from not requiring the same disclosure for
contributions and contributions in kind that are less than $20. One example provided was the use of a jar or
“fishbowl” at election events where contributions are accepted without any documentation regarding the amount
of individual contributions. Such fishbowls or other undocumented small contributions are problematic since
there is no way to ensure a contributor is not exceeding contribution limits. This proposal eliminates anonymous
donations and requires that all donations, no matter the amount, be reported.
Use of Unexpended City Campaign Funds in Non-City Elections and Carry-Over of Candidate Committee
Contributions to the Next Election Cycle (Section 7-138):
Amending Section 7-138(a)(2) will enable unexpended campaign contributions to a candidate committee to be
contributed to a candidate committee established by the same candidate for a subsequent campaign in a federal,
state, county or city election, subject to campaign finance laws applicable to federal, state and county elections.
Currently, the Code allows that unexpended contributions can only be used for a subsequent city campaign. In
order to avoid any effect on current Councilmember committees, the change applies only to Council candidate
committees formed after January 1, 2021.
Amending Section 7-138(e) will make unexpended campaign contributions held by a candidate committee after
an election available for use in a subsequent election if the candidate registers a candidate committee for a City
office in a subsequent election. Currently, candidate committees can contribute unexpended campaign
contributions to a new candidate committee, with a new name, established by the same candidate for a
subsequent election, but must close the current candidate committee no later than 10 days after establishing the
new candidate committee. With this change, the candidate will need to re-register the candidate committee, but
need not form a new committee or change the committee name. This change is intended to reduce the
administrative burden on those candidates and their committees that intend to participate in a subsequent City
election. The carryover funds will be the beginning fund balance for use in the subsequent election and will not
count against any contribution limit attributable to any past contributor in a prior election campaign. If a candidate
does not register a candidate committee for a City office in a subsequent election, the unexpended campaign
contributions may be used as otherwise set forth in Section 7-138.
Changes to the Campaign Finance Violation Process (Section 7-136, Section 7-143, Section 7-145,
Section 7-146, Section 7-150):
This language amends several sections of the City Code to establish a civil infraction process, whereby a set
civil penalty may be imposed against a candidate or committee for certain campaign finance violations.
Most violations would no longer be criminal misdemeanors, meaning there would no longer be a risk of
imprisonment or loss of office. However, the following violations are proposed to remain criminal misdemeanors:
(1) when a person violates disclosure requirements with the intent to fraudulently misrepresent contributions or
expenditures; (2) when a person offers a candidate or candidate committee money or anything of value to
withdraw, or a candidate offers to withdraw for money or anything of value; or (3) when a person commits a
violation or violations after already being found liable for two violations, all in a single election cycle. In the latter
case, the third and any subsequent violation would be a misdemeanor.
Alleged criminal violations would not be subject to the civil infraction process but would remain subject to review
4.1
Packet Pg. 45 Attachment: First Reading Agenda Item Summary, September 1, 2020 (9475 : SR 109 Election Code - consent)
Agenda Item 9
Item # 9 Page 3
by the City Attorney’s Office for probable cause.
Under this new civil infraction process, the respondent will be notified of any complaint received. The City
Attorney or their designee will review the complaint for legal sufficiency. If the City Attorney determines the
complaint is sufficient, the alleged violator (the “respondent”) will be notified of the presumptive penalty and given
the opportunity to pay the penalty or have seven (7) days to submit written evidence of correction of the violation
or diligent efforts to correct the violation. If the respondent fails to act, or the City Attorney determines the
respondent has not corrected the alleged violation and otherwise substantially complied with its legal obligations,
the respondent will be given the choice to pay an associated penalty or to contest the complaint through a
hearing before the Municipal Court following the City’s already-established procedures for civil infractions in
Chapter 19, Article V of the City Code. It is expected that an assistant judge would be assigned to handle any
such proceeding in the Municipal Court to avoid any actual conflicts of interest the Chief Judge may have or the
appearance of such conflict of interest.
Just as with other civil infractions, if a penalty is imposed by the Municipal Court but goes unpaid, the City would
have the authority to collect the penalty as a debt to the City. Candidates would be personally liable for penalties.
Candidates would be allowed to use campaign contributions to pay penalties.
Specifically, the proposed changes would:
1. Amend Section 7-136(g) to make reports that are incomplete or inconsistent with Code requirements to be
subject to the penalties and process outlined in Section 7-143.
2. Amend Section 7-143(a) to create a schedule of violations subject to civil penalties with an associated dollar
amount.
3. Create a new Section 7-143(b) to clarify that a misdemeanor, subject to a fine or imprisonment in accordance
with Section 1-15 would continue for the following:
a) A person or committee that violates disclosure requirements with the intent to fraudulently misrepresent
contributions or expenditures; or
b) A person who offers a candidate or candidate committee money or anything of value to withdraw, or a
candidate who offers to withdraw for money or anything of value; or
c) When a person is found liable for a violation after the person is found liable for two (2) or more violations
under Chapter 7, Article V in a single election cycle.
4. Amend Section 7-143(c) to clarify that failure to comply with the provisions of this Article will have no effect
on the validity of any election, except as expressly required by the City Charter.
5. Amend Section 7-145(c) to make it clear that the City Clerk will forward any complaints received that allege
a criminal violation to the respondent as well as the City Attorney.
6. Create a new Section 7-145(d) related to processing complaints that do not allege a criminal violation and
sets out the civil infraction process that will be utilized.
7. Amend Section 7-146 to clarify that the City Attorney will continue to review those complaints that concern
criminal violations as opposed to civil infractions.
8. Eliminate Section 7-150 which currently allows a citizen complainant to bring a civil action in state
district court after either receiving written notification from the City Clerk that the City Attorney determined filing
a summons and complaint is inappropriate, or after one hundred eighty (180) days of filing the complaint,
whichever occurs first. Staff is proposing this be removed due to recent case law calling into question the
constitutionality of similar citizen enforcement mechanisms at the state election level.
The City Attorney will need to use an outside attorney, as in past practice, when a complaint is against a Council
candidate. The Chief Judge will also likely need to use an assistant judge. The need to use an outside attorney
for initial review and a special judge may have some budget implications that have not yet been addressed. The
assistant judge would likely be an outside judge under contract for assistant judge services, as with other
assistant judges in the Municipal Court. The assistant judge contract would be managed by the Chief Judge
and the Municipal Court, while the outside legal counsel for initial review of complaints, as needed, would be
4.1
Packet Pg. 46 Attachment: First Reading Agenda Item Summary, September 1, 2020 (9475 : SR 109 Election Code - consent)
Agenda Item 9
Item # 9 Page 4
retained by the City Attorney’s Office.
The ECC discussed two additional issues and encouraged staff to bring them forward to the entire Council for
discussion. These items include regulation of Limited Liability Company (LLC) contributions and limiting
contributions to political committees.
Regulation of Limited Liability Company contributions and placing a limitation on contributions to Political
Committees are moving forward to Council under separate ordinance as requested at the April 25, 2020 Work
Session.
CITY FINANCIAL IMPACTS
Any financial impacts as a result of these amendments will be negligible.
PUBLIC OUTREACH
Meetings of the Election Code Committee are posted on the City’s website in advance of the meeting. Several
members of the community regularly attend Committee meetings and provide input on topics on the agenda and
other items of interest. Draft minutes from these meetings are attached. (Attachment 2).
ATTACHMENTS
1. Work Session Summary (PDF)
2. Election Code Committee Minutes (PDF)
4.1
Packet Pg. 47 Attachment: First Reading Agenda Item Summary, September 1, 2020 (9475 : SR 109 Election Code - consent)
-1-
This Ordinance is amended for Second Reading with minor revisions on page 7.
ORDINANCE NO. 109, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO MODIFY AND UPDATE
REQUIREMENTS AND PROCEDURES FOR CITY ELECTIONS AND
CAMPAIGN FINANCE IN CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct of City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee to review, discuss and
recommend the most beneficial changes to the Code and City Charter regarding elections and
other related matters; and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of Council for the purpose of identifying and evaluating ideas for improvements to City election
laws and practices and anticipating adjustments that may be needed to adapt to a changing legal
and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a
standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, Ordinance No. 045,
2018, Ordinance No. 077, 2018, and Ordinance No. 113, 2018 were considered and adopted by
the Council to update various provisions of Chapter 7; and
WHEREAS, the Committee continued to meet in 2018, 2019 and 2020, and has
recommended additional clarifications and amendments to Chapter 7; and
WHEREAS, the Committee has recommended that the Code be amended to including
new procedures for the handling of complaints filed by candidates or registered electors of the
City, including amendments such that a majority of campaign finance violations would be
changed from misdemeanor violations to civil infractions; and
WHEREAS, the Committee has recommended that the Code be amended to allow that
unexpended campaign contributions may be used for subsequent federal, state, county, local or
City elections, to the extent permitted by law; and
WHEREAS, the Committee has recommended that unexpended campaign funds
remaining with a candidate committee on the 70th day after the election will be considered
contributions to that candidate committee for the next election; and
WHEREAS, the Committee has recommended that the complainant cause of action in
Section 7-150 be removed from the Code because recent case law raises substantial concerns
about its constitutionality; and
Packet Pg. 48
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WHEREAS, staff has recommended that the deadline for filing financial disclosures by
Councilmembers set out in Chapter 2 of the Code be made uniform for those Councilmembers
sitting on Council and for those newly elected, re-elected, appointed or retained
Councilmembers; and
WHEREAS, these amendments generally improve and clarify the City’s campaign
finance disclosure and election requirements and processes; and
WHEREAS, these amendments further the City’s and the public’s interest in shedding
light for the public on the expenditure of money to influence the outcome of City elections, while
respecting the speaker’s interest in freedom of political speech; and
WHEREAS, the Council desires to enact the recommendations of the Committee and
staff to clarify and improve the various provisions of Chapter 2 and Chapter 7, as set forth below.
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 2-636 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-636. Required.
Any candidate for the office of City Councilmember shall, at the time of filing his or her
acceptance of nomination with the City Clerk, file with the City Clerk a written disclosure
statement that conforms to the requirements of § 2-637. Such a written disclosure statement shall
also be filed with the City Clerk by the City Manager and the City Attorney not later than thirty
(30) days after their appointment or retention in office. Each member of the City Council who is
elected, re-elected, appointed or retained in office shall also file such a written disclosure
statement with the City Clerk not later than May 15 of the year in which their election, re-
election, appointment or retention in office occurs. However, any City Councilmember who is
elected or re-elected and who has, prior to said election or re-election, filed a written disclosure
statement within ten (10) days after filing acceptance of nomination, may file an amended
statement with the City Clerk or notify the City Clerk in writing that there has been no change in
the disclosures made therein, since the date of filing of the same.
Section 3. That Section 7-135 of the Code of the City of Fort Collins is hereby
amended to add a new Subsection (f) to read as follows, with subsequent Subsections
renumbered accordingly:
Sec. 7-135. Campaign contributions/expenditures.
. . .
Packet Pg. 49
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(f) No issue committee, small-scale issue committee or political committee shall make a
contribution or contribution in kind to any candidate committee.
(g) Contributions from one (1) candidate committee to another.
(1) No candidate committee shall make a contribution or contribution in kind to, or
accept a contribution or contribution in kind from, a candidate committee of another
candidate.
(2) No candidate committee shall accept a contribution or contribution in kind from a
candidate committee of the same candidate that was established or maintained for a
federal, state or county election campaign or office.
. . .
Section 4. That Section 7-136 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-136. Disclosure; filing reports.
(a) All candidate committees, political committees and issue committees shall report to the
City Clerk their contributions and contributions in kind received, including the name and address
of each person who has made a contributions or a contributions in kind; expenditures made; and
obligations entered into by the committee.
. . .
(g) Any report that is deemed by the City Clerk to be incomplete or inconsistent with the
requirements of this Article shall be accepted on a conditional basis, and shall be sub ject to the
penalties and process in § 7-143.
. . .
Section 5. That Section 7-138 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-138. Unexpended campaign contributions.
(a) Unexpended campaign contributions to a candidate committee may be:
(1) Contributed to a political party;
(2) Contributed to a candidate committee established by the same candidate for a
subsequent campaign in a City election, or to a candidate committee established
after January 1, 2021, for a non-City election, to the extent permitted by
applicable law. For a City election, such contributions are subject to the
limitations set forth in Paragraph 7-135(g)(2);
(3) Donated to a charitable organization recognized by the Internal Revenue Service;
Packet Pg. 50
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(4) Returned to the contributors;
(5) Used to pay for the cost of a recount requested by the candidate pursuant to § 7-
46.
In no event shall contributions to a candidate committee be used for personal purposes
not reasonably related to supporting the election or retention of the candidate.
(b) In addition to any use described in Subsection (a) of this Section, a person elected to the
office of Mayor or Councilmember, or retained in office following a recall attempt, may
use unexpended campaign contributions held by the person's candidate committee for any
of the following purposes:
(1) Voter registration;
(2) Political issue education, which includes obtaining information from or providing
information to the electorate;
(3) Postsecondary educational scholarships;
(4) To defray reasonable and necessary expenses related to mailings and similar
communications to constituents;
(5) Any expenses that are directly related to such person's official duties as an elected
official, including, but not limited to, expenses for the purchase or lease of office
equipment and supplies, room rental for public meetings, necessary travel and
lodging expenses for legislative education such as seminars, conferences and
meetings on legislative issues, and telephone and pager expenses.
(c) A candidate committee for a former officeholder or a person not elected to office shall
expend all of the unexpended campaign contributions retained by such candidate
committee, for the purposes specified in Subsection (a) of this Section, no later than five
(5) years from the date such officeholder's term expired or from the date of the election at
which such person was a candidate for office, whichever is later.
(d) Unexpended campaign contributions to an issue committee or political committee may be
donated to any charitable organization recognized by the Internal Revenue Service,
returned to the contributor, or used to pay for the cost of a recount requested by the
committee's registered agent pursuant to § 7-46.
(e) Any unexpended campaign contributions held by a candidate committee subsequent to
the date of the election shall, upon the registration of a candidate committee for a City
office in a subsequent election, be available for that candidate committee as a beginning
fund balance to use in that election. Such carryover funds will not count against any
contribution limit attributable to any past contributor in a prior election campaign.
Absent the candidate registering a candidate committee for a City office in a subsequent
election, the unexpended campaign contributions may be used as otherwise set forth in
this Section.
Section 6. That Section 7-143 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 7-143. Violations and penalties.
(a) Except as provided in Subparagraph (e) herein, any person who knowingly violates or
fails to comply with the provisions of this Article as set forth in the following schedule commits
a civil infraction and is subject to a civil penalty as follows:
Code Section Penalty Amount
7-134 - Registration of committees;
termination.
$150 first offense; $300 each subsequent
offense
7-135 - Campaign
contributions/expenditures.
$100 first offense; $200 each subsequent
offense
7-136 - Disclosure; filing of reports. $100 first offense; $200 each subsequent
offense
7-137(b) - Reports to be public record. $50 first offense; $100 each subsequent
offense
7-138 - Unexpended campaign
contributions.
$100 first offense; $200 each subsequent
offense
7-139 - Independent expenditures $100 first offense; $200 each subsequent
offense
7-140 - Responsibility for communications. $50 first offense; $100 each subsequent
offense
7-141 - Expenditures for political
advertising; rates and charges.
$50 first offense; $100 each subsequent
offense
(b) Any person who undertakes any of the following commits a misdemeanor and is subject
to a fine or imprisonment in accordance with § 1-15:
(1) Knowingly violates § 7-136 with the intent to fraudulently misrepresent campaign
contributions or expenditures on a disclosure report;
(2) Knowingly violates § 7-142; or
(3) Is found liable for a violation after the person has been found liable for two (2) or
more violations under this Article in a single election cycle.
(c) Failure to comply with the provisions of this Article shall have no effect on the validity of
any election, except as expressly required by the City Charter.
Section 7. That Section 7-145 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-145. Allegation of campaign violation.
. . .
(c) For complaints that allege a criminal violation as set forth in § 7-143(b), the City Clerk
will forward the complaint to the respondent and to the City Attorney, who will evaluate
the complaint for probable cause as provided for in this Division 2.
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(d) For complaints that do not allege a criminal violation, the complaints shall be subject to a
civil infraction process as provided herein:
(1) The City Clerk will forward the complaint to the respondent by electronic mail,
notifying the respondent that the alleged violation may be subject to a civil infraction.
(2) The City Clerk will forward the complaint to the City Attorney, who shall review
the complaint to determine whether the complaint:
a. Was timely filed under § 7-145(a);
b. Contains the information required by § 7-145(b); and
c. Alleges sufficient facts to support a factual and legal basis for the
violations alleged.
(3) If the City Attorney determines that the complaint fails to satisfy any of the three
(3) elements in the immediately preceding Subsection (2), the City Attorney shall so
notify the City Clerk who will, in turn, notify the complainant and respondent in writing.
(4) If the City Attorney determines that the complaint satisfies the three (3) elements
in the immediately preceding Subsection (2), the City Attorney shall notify the City Clerk
who will, in turn, notify the respondent in writing of the presumptive penalty in
accordance with § 7-143(a) and that the respondent shall have seven (7) days from the
date of the notice to submit written evidence of its cure or diligent efforts to cure the
violation, including any amendments to any applicable report containing one or more
deficiencies, modified campaign materials or other proof that the violation has been
corrected. The respondent’s written response shall be due to the City Clerk no later than
5:00 p.m. on the seventh (7th) day. In the event the seventh (7th) day is a City holiday, the
response shall be due no later than 5:00 p.m. the next business day.
(5) On receipt of the respondent’s written response, the City Attorney may, through
the City Clerk, ask the respondent to provide more information and may grant the
respondent an extension of time of up to seven (7) additional days to file an amended
response regarding cure in order to respond to any such request.
(6) After the period for cure has expired, the City Attorney shall determine whether
the respondent has cured any violation alleged in the complaint and, if so, whether
respondent has substantially complied with its legal obligations under Chapter 7, Article
5, of this Code. In determining whether the respondent has substantially complied with
its legal obligations, the City Attorney shall consider:
a. The extent of the respondent’s noncompliance;
b. The purpose of the provision violated and whether that purpose was
Packet Pg. 53
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substantially achieved despite the noncompliance; and
c. Whether the noncompliance may properly be viewed as an intentional a
knowing attempt to mislead the electorate or election officials.
If the City Attorney determines the respondent has cured any violation or otherwise
substantially complied with its legal obligations under Chapter 7, Article 5, the City
Attorney shall so notify the City Clerk who, in turn, shall notify the complainant and the
respondent and no penalty shall apply for the corresponding alleged violation or
violations, as applicable.
(7) If the City Attorney determines the respondent has not cured the alleged violation
or otherwise substantially complied with its legal obligations, the City Attorney may
conduct additional review or investigation of the allegations of the complaint to
determine whether to file a complaint with the Municipal Court.
(8) If the City Attorney files a complaint with the Municipal Court, the matter shall
be governed by Article V of Chapter 19 of this Code.
(9) A complainant or any other nonrespondent shall not be a party to the City
Attorney’s initial review, cure proceedings, investigation, or any proceeding in the
Municipal Court. A complainant may request permission from the Municipal Judge or
their designee to file an amicus curiae brief.
(10) Any person that commits a violation of shall be personally liable for the penalties
imposed. Any candidate shall be personally liable for penalties imposed upon the
candidate or the candidate’s committee and may use campaign contributions to pay
penalties.
Section 8. That Section 7-146 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-146. Evaluation of campaign complaint.
(a) For those complaints that concern a criminal violation pursuant to § 7-143(b), if the City
Attorney determines that no probable cause exists, that the complaint fails to allege an
enforceable violation, or that the requirements of § 7-145 were not met by the
complainant, the City Attorney shall so notify the City Clerk, who will, in turn, notify the
complainant and respondent in writing.
(b) If the City Attorney determines probable cause exists, the City Attorney may notify Fort
Collins Police Services, who, in consultation with the City Attorney, may file and serve a
summons and complaint to the respondent.
(c) The City Attorney retains prosecutorial discretion on whether to ultimately file criminal
charges. If the City Attorney determines filing a summons and complaint is inappropriate,
Packet Pg. 54
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he or she shall so notify the City Clerk, who will, in turn, notify the complainant and
respondent in writing.
Section 9. That Section 7-150 of the Code of the City of Fort Collins is hereby
deleted in its entirety and held in reserve.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2020, and to be presented for final passage on the 15th day of September, A.D.
2020.
_____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 55
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Jennifer Poznanovic, Project and Revenue Manager
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 111, 2020, Amending Chapter 25 of the Code of the City of Fort Collins
Regarding Economic Nexus and the Obligation of Remote Sellers to Collect and Remit Sales Tax.
EXECUTIVE SUMMARY
This Ordinance was amended on Second Reading to make a minor revision clarifyng the effective date on
page 6.
This Ordinance, unanimously adopted on First Reading on September 1, 2020, is based on a model ordinance
prepared by a working group of municipal attorneys and municipal finance staff, coordinated by the Colorado
Municipal League (CML) and requires remote sellers to collect and remit City sales tax. With adoption of the
Ordinance, the City Manager will enter into an agreement with the Colorado Department of Revenue to allow
such taxpayers to remit tax to the City using the Department’s single point of remittance software.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2020, (w/o attachments) (PDF)
5
Packet Pg. 56
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 1, 2020
City Council
STAFF
Jennifer Poznanovic, Project and Revenue Manager
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 111, 2020, Amending Chapter 25 of the Code of the City of Fort Collins
Regarding Economic Nexus and the Obligation of Remote Sellers to Collect and Remit Sales Tax.
EXECUTIVE SUMMARY
The purpose of this item is to discuss the proposed adoption of an Ordinance to require remote sellers to collect
and remit City sales tax. The Ordinance is based on a model ordinance prepared by a working group of municipal
attorneys and municipal finance staff, coordinated by the Colorado Municipal League (CML). With adoption of
the Ordinance, the City Manager will enter into an agreement with the Colorado Department of Revenue to allow
such taxpayers to remit tax to the City using the Department’s single point of remittance software.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
U.S. Supreme Court Decision in South Dakota v. Wayfair, Inc.
Under the City’s sales and use tax ordinances, sales tax is levied on all sales and purchases of tangible personal
property and taxable services at retail unless prohibited under the constitution or other law of the United States.
In June 2018, the United States Supreme Court decided the case of South Dakota v. Wayfair, Inc., 138 S.Ct.
2080 (2018). South Dakota enacted a statute requiring internet sellers with no physical presence in the state to
collect and remit sales tax, which was not allowed under prior Supreme Court rulings. In Wayfair, the Supreme
Court overturned its prior rulings that had held that a state may only tax a retailer if that retailer has a physical
presence in the state. The Wayfair court held that an out-of-state retailer’s physical presence in the taxing state
is not necessary for the state to require the seller to collect and remit its sales tax. Rather, a state could require
an out-of-state retailer to collect and remit its sales tax if the retailer has a substantial economic nexus with the
state. The Supreme Court approved of South Dakota’s system finding it did not place an unconstitutional burden
on interstate commerce, because the system set a threshold amount below which smaller retailers did not have
to collect tax, provided a statewide single point of remittance and tax administration, simplified tax rate structures,
set other uniform rules, and applied only prospectively after its adoption.
The CML Sales Tax Simplification Committee met in October 2018 and all self-collected home rule municipalities
agreed to continue voluntary compliance to keep the municipal sales tax system in the state as simple as
possible. Through the Committee’s direction, a group of municipal attorneys and municipal finance staff worked
to develop a model ordinance with uniform definitions and requirements. The intent behind the model ordinance
is to clarify who can collect and remit taxes along with clarifying the authority given to taxing jurisdictions by the
U.S. Supreme Court in the Wayfair case. The stated goal behind the ordinance is uniformity and simplicity so
that all municipalities in Colorado can collect tax from online or remote retailers.
ATTACHMENT 1 5.1
Packet Pg. 57 Attachment: First Reading Agenda Item Summary, September 1, 2020, (w/o attachments) (9461 : SR 111 CML Model Ordinance)
Agenda Item 13
Item # 13 Page 2
Colorado Department of Revenue (DOR) Implementation of Wayfair
In July 2019, State House Bill 19-1240 established an economic nexus for purposes of state sales tax on retail
sales made by retailers without a physical presence in Colorado. As of October 2020, HB19-1240 requires
marketplace facilitators (a person that operates an online marketplace, such as Amazon) to collect and remit
sales tax on behalf of marketplace sellers (a person that sells goods through the online marketplace). While
HB19-1240 has set some precedent in Colorado for the collection of sales tax from retailers without physical
presence, its requirements do not apply to sales taxes imposed by home rule municipalities, which have their
own taxing authority under the Colorado Constitution.
In furtherance of HB19-1240, the Colorado Department of Revenue has developed a software system to allow
retailers a single point to remit sales tax. The Department has made the system available for home rule
municipalities to collectively provide retailers a system similar to the one operated by South Dakota. The
Department collects state and local sales tax from out-of-state retailers for those taxing entities for which it
already collects sales tax from in-state retailers. The Department collects for approximately 265 jurisdictions,
150 statutory cities, 24 home rule municipalities and all but two counties.
Colorado Department of Revenue’s Single Point of Remittance Software (SUTS System) & Single GIS
System
The Department’s single point of remittance software, including the SUTS System and GIS System, is an option
for the numerous self-collecting taxing jurisdictions to align more closely with the South Dakota tax system.
Remote sellers with sufficient economic nexus can file and pay tax via the SUTS System to those taxing
jurisdictions that have chosen to participate in the system. The SUTS System would be available for any
business, not just those whose only contact with the City is economic nexus. Businesses with physical presence
could file and remit taxes using the SUTS System. Businesses with physical presence in the City would still
need to have a Fort Collins sales tax license. The SUTS System vendor will charge a $17,500 fee to integrate
the SUTS System with the City’s current software, but the SUTS System can also be used manually without a
fee. The portal is essentially an additional filing option for businesses, meaning businesses could file on paper,
using the City’s online system, or via the Department’s SUTS System.
What Are Other Cities Doing?
Staff has had conversations with other municipalities regarding efforts those municipalities may make to require
remote sellers to collect and remit tax. Based on City staff’s most recent conversations, the following is a list of
municipalities and their possible course of action:
• Denver - Plans to participate, SUTS first and model ordinance later this fall.
• Colorado Springs - SUTS agreement and model ordinance already signed.
• Boulder - Plans to participate, SUTS first and model ordinance later this fall/early 2021.
• Aurora - Marketplace Facilitator adopted, SUTS System and Economic Nexus this fall.
• Golden -SUTS agreement signed, model ordinance later this summer.
• Thornton - Plans to participate, SUTS System first and model ordinance later.
• Centennial - Plans to participate, no use tax, may have issues with economic nexus.
According to the Department and CML, the more home rule municipalities that participate, the more likely it is
that the municipal sales tax system in Colorado will align with the South Dakota system approved in Wayfair. As
of August 10, 2020, 34% of self-collected home rule municipalities have the SUTS agreement under review,
35% are pending signatures, 28% are on the SUTS System and 3% have a staffing delay.
The Case for Self-Collected Home Rule Municipalities - Why Fort Collins is Not State-Collected
A major benefit for self-collected home rule municipalities is the authority to locally collect sales tax and maintain
control of their sales tax base. For example, the State of Colorado has 87 sales and use tax exemptions. Self-
collected home rule municipalities typically have broader sales tax bases than the State. Another advantage is
more targeted collection and enforcement. Local programs can more thoroughly educate businesses and follow
up with auditing where appropriate. The SUTS System and model ordinance are compatible with maintaining
home rule self-collecting status.
5.1
Packet Pg. 58 Attachment: First Reading Agenda Item Summary, September 1, 2020, (w/o attachments) (9461 : SR 111 CML Model Ordinance)
Agenda Item 13
Item # 13 Page 3
Top Internet Retailers Licensed in Fort Collins
Nationally, e-commerce represents 11.8%* of total retail sales. Of the top 10 U.S. companies based on
percentage of e-commerce sales, five are licensed in Fort Collins (see chart below).
*U.S. Census Quarterly Retail E-Commerce Sales 1st Quarter 2020
**Top 10 US companies based on % of e-commerce sales, eMarketer, July 2018
COVID-19 & e-commerce
During the current pandemic, e-commerce is quickly replacing physical channels. According to “The Quickening”
in McKinsey Quarterly 2020, U.S. e-commerce penetration has seen the same growth in three months as the
previous ten years of growth.
CITY FINANCIAL IMPACTS
Dollars at Stake
The State estimates $72 million in sales tax revenue in 2020 from retailers having economic nexus and
marketplace facilitators.* $72 million is equivalent to 2.1% of estimated State collections in 2020. In Fort Collins,
2.1% is equivalent to $2.5 million. It is important to note that some retailers are already remitting voluntarily in
Fort Collins.
Regarding marketplace facilitators, some have turned off collection of local taxes on behalf of sellers, leaving
them no way to collect the tax. Also, Amazon has indicated that more than half of the items sold on Amazon
are through their third-party marketplace.**
Additional sales tax staffing may be needed due to increased license volume and workload implications of
additional revenue. Staff will evaluate further, but current estimates are one full time employee (FTE) or a partial
FTE. With the implementation of the SUTS System, the Sales Tax Department will evaluate the need for software
integration or implementing a new software system.
*Colorado Legislative Council Staff – Economic & Revenue Forecast December 2019, p.28
**Amazon 2017 Annual Report, Letter to Shareholders
BOARD / COMMISSION RECOMMENDATION
On June 15, 2020, the Council Finance Committee supported bringing an ordinance for Council consideration
to require certain remote sellers and marketplace facilitators to collect and remit City sales tax.
5.1
Packet Pg. 59 Attachment: First Reading Agenda Item Summary, September 1, 2020, (w/o attachments) (9461 : SR 111 CML Model Ordinance)
Agenda Item 13
Item # 13 Page 4
ATTACHMENTS
1. Council Finance Committee Minutes (PDF)
2. Sales and Use Tax Software System Report (PDF)
3. Powerpoint Presentation (PDF)
5.1
Packet Pg. 60 Attachment: First Reading Agenda Item Summary, September 1, 2020, (w/o attachments) (9461 : SR 111 CML Model Ordinance)
-1-
This Ordinance was amended on Second Reading to make a minor revision clarifying the effective date
on page 6.
ORDINANCE NO. 111, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING ECONOMIC NEXUS AND THE OBLIGATION OF REMOTE SELLERS
TO COLLECT AND REMIT SALES TAX
WHEREAS, Fort Collins is a home rule municipality, organized and existing under
Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to
enact, administer and enforce sales tax is clearly within the constitutional grant of power to the
City and is necessary to raise revenue with which to conduct the affairs and render the services
performed by the City; and
WHEREAS, pursuant to such authority, the City Council has adopted and enacted Article
III of Chapter 25 of the City Code imposing a sales tax (the “Sales Tax Code”), under which City
sales tax is levied on all sales and purchases of tangible personal property or taxable services at
retail unless prohibited, as applicable to the provision of this Ordinance, under the Constitution
or laws of the United States; and
WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct.
2080 (2018), overturned prior precedent and held that a State is not prohibited by the Commerce
Clause from requiring a retailer to collect sales tax based solely on the fact that such retailer does
not have a physical presence in the State (“Remote Sales”); and
WHEREAS, based upon the Wayfair decision, under the Constitution and laws of the
United States the retailer’s obligation to collect and remit tax due and owing on Remote Sales is
no longer based on the retailer’s physical presence in the jurisdiction , and the City’s Sales Tax
Code needs to be amended to clearly reflect such obligation consistent with said decision; and
WHEREAS, the delivery of tangible personal property, products, or services into the City
relies on and burdens local transportation systems, emergency and police services, waste
disposal, utilities and other infrastructure and services; and
WHEREAS, the failure to tax Remote Sales creates incentives for businesses to avoid a
physical presence in the State and its respective communities, resulting in fewer jobs and
increasing the share of taxes to those consumers who buy from competitors with a physical
presence in the State and its municipalities; and
WHEREAS, it is appropriate for Colorado municipalities to adopt uniform definitions
within their sales tax codes to encompass marketplace facilitators, marketplace sellers, and
multichannel sellers that do not have a physical presence in the City, but that still have a taxable
connection with the City; and
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WHEREAS, the goal of adopting this ordinance is to join in on the simplification efforts
of all the self-collecting home rule municipalities in Colorado as facilitated by the Colorado
Municipal League; and
WHEREAS, this ordinance provides a safe harbor to those who transact limited sales
within the City; and
WHEREAS, absent such amendment, the continued failure of retailers to voluntarily
apply and remit sales tax owed on remote sales exposes the City to unremitted taxes and permits
an inequitable exception that prevents market participants from competing on an even playing
field; and
WHEREAS, the Council adopts this Ordinance with the intent to address tax
administration, and, in connection therewith, establish economic nexus for retailers or vendors
without physical presence in the State and require each such retailer or vendor to collect and
remit sales tax for all sales made within the marketplace.
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 25-71 of the Code of the City of Fort Collins is hereby
amended to add certain definitions and amend certain existing definitions, to read as follows:
. . .
Economic nexus shall mean the connection between the City and any retailer not having a
physical nexus in the State of Colorado, which connection is established when the retailer meets
any one of the following criteria:
(1) In the previous calendar year, the retailer has made retail sales of goods or services
delivered into the State of Colorado exceeding the amount specified in C.R.S. § 39-26-102(3)(c),
as amended; or
(2) In the current calendar year, ninety (90) days has passed following the month in which
the retailer has made retail sales into the State of Colorado exceeding the amount specified in
C.R.S. § 39-26-102(3)(c), as amended.
This definition does not apply to any person who is doing business in this state but otherwise
applies to any other person.
Engaged in business in the City shall mean performing or providing services or selling, leasing,
renting, delivering or installing tangible personal property, products, or services for storage, use
or consumption within the City. Engaged in business in the City includes, but is not limited to,
any one of the following activities by a person or retailer:
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(1) Directly, indirectly, or by a subsidiary maintaining a building, store, office, salesroom,
warehouse, or other place of business within the taxing jurisdiction;
(2) Sending one (1) or more employees, agents or commissioned sales persons into the taxing
jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its
products, or for demonstration or other reasons;
(3) Maintaining one (1) or more employees, agents or commissioned sales persons on duty at
a location within the taxing jurisdiction;
(4) Owning, leasing, renting or otherwise exercising control over real or personal property
within the taxing jurisdiction;
(5) As a retailer, who has a physical presence in the State of Colorado, making more than one
(1) retail sale of tangible personal property, products or services within a twelve (12) month
period, where the property or product is delivered by any means, including common carrier, to a
location within the City, or the service rendered occurs within the City; or
(6) Making retail sales sufficient to meet the definitional requirements of economic nexus as
defined in this Article.
. . .
Marketplace shall mean a physical or electronic forum, including, but not limited to, a store, a
booth, an internet website, a catalog, or a dedicated sales software application, where tangible
personal property, taxable products, or taxable services are offered for sale.
Marketplace facilitator shall mean a person who:
(1) Contracts with a marketplace seller or multichannel seller to facilitate for consideration,
regardless of whether or not the consideration is deducted as fees from the transaction, the sale of
the marketplace seller’s tangible personal property, products, or services through the person’s
marketplace or a marketplace operated by the person;
(2) Engages directly or indirectly, through one or more affiliated persons, in transmitting or
otherwise communicating the offer or acceptance between a purchaser or consumer and the
marketplace seller or multichannel seller; and
(3) Either directly or indirectly, through agreements or arrangements with third parties,
collects or accepts and processes payment from the purchaser or consumer on behalf of the
seller.
Marketplace facilitator does not include a person who exclusively provides internet advertising
services or lists products for sale, and that does not otherwise meet this definition.
Marketplace seller shall mean a person, regardless of whether or not the person is engaged in
business in the City, who has an agreement with a marketplace facilitator and offers for sale
tangible personal property, products, or services through a marketplace owned, operated, or
controlled by a marketplace facilitator.
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. . .
Multichannel seller shall mean a retailer that offers for sale tangible personal property,
commodities, or services through a marketplace owned, operated, or controlled by a marketplace
facilitator, and through other means.
Retailer shall mean any person selling, leasing, renting, or granting a license to use tangible
personal property or services at retail. Retailer shall include, but is not limited to, any:
(1) Auctioneer;
(2) Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect
agent of or obtains such property or services sold from a dealer, distributor, supervisor or
employer;
(3) Charitable organization or governmental entity which makes sales of tangible personal
property to the public, notwithstanding the fact that the merchandise sold may have been
acquired by gift or donation or that the proceeds are to be used for charitable or governmental
purposes; and
(4) Marketplace facilitator, marketplace seller, or multichannel seller.
. . .
Section 3. That Section 25-73 of the Code of the City of Fort Collins is hereby
amended to read as follows:
. . .
(b) Taxable transactions and items. The sales tax shall apply, without limitation, as follows:
. . .
(11) Upon all sales of preprinted newspaper supplements;
(12) Upon the purchase price paid for food, but only at the tax rate of two and twenty-five
hundredths (2.25) percent of the purchase price; and
(13) Upon marketplace sales, pursuant to § 25-131.
Section 4. That a new Section 25-131 of the Code of the City of Fort Collins is
hereby added to read as follows:
Sec. 25-131. Marketplace sales.
(a) Obligation to collect and remit tax.
(1) A marketplace facilitator engaged in business in the City is required to collect and remit
sales tax on all taxable sales made by the marketplace facilitator, or facilitated by it for
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marketplace sellers or multichannel sellers, to customers in the City, whether or not the
marketplace seller for whom sales are facilitated would have been required to collect sales tax
had the sale not been facilitated by the marketplace facilitator.
(2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a
retailer as defined in this Article. Marketplace facilitators shall be liable for the taxes collected
from marketplace sellers or multichannel sellers. The City may recover any unpaid taxes,
penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf
of marketplace sellers or multichannel sellers.
(3) The liabilities, obligations, and rights set forth under this Article are in addition to any
duties and responsibilities of the marketplace facilitator under this Article if it also offers for sale
tangible personal property, products, or services through other means.
(4) A marketplace seller shall be subject to all the same licensing, collection, remittance,
filing and recordkeeping requirements as any other retailer under this Article for retail sales
made on its own behalf and not facilitated by or through a licensed marketplace facilitator in a
marketplace.
(b) Marketplace seller relief. A marketplace seller, with respect to sales of tangible personal
property, products, or services made in or through a marketplace facilitator’s marketplace, does
not have the liabilities, obligations, or rights of a retailer under this Article if the marketplace
seller can show that such sale was facilitated by a marketplace facilitator:
(1) With whom the marketplace seller has a contract that explicitly provides that the
marketplace facilitator will collect and remit sales tax on all sales subject to tax under this
Article; or
(2) From whom the marketplace seller requested and received in good faith a certification
that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all
sales subject to tax under this Article made in or through the marketplace facilitator’s
marketplace.
(c) Auditing. With respect to any marketplace sale, the City shall solely audit the
marketplace facilitator for sales made by marketplace sellers or multichannel sellers but
facilitated by the marketplace. The City will not audit or otherwise assess tax against
marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator.
(d) No retroactive application. The obligations to collect and remit the sales tax required by
this Section apply to taxable transactions occurring on or after the effective date of this Section.
Section 5. If any provision of this Ordinance, or the application of such provision to
any person or circumstance, is held to be unconstitutional or invalid for any reason, then the
remainder of this Ordinance, and the application of the such provisions to any person or
circumstance, shall not be affected thereby. The City Council hereby declares that it would have
passed this ordinance and each part or parts thereof irrespective of the fact that any one part or
parts be declared unconstitutional or invalid.
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Section 6. The requirements set forth in this Ordinance shall become effective [on
the first day of the month that is at least thirty (30) days after its effective date] on November 1,
2020.
Introduced, considered favorably on first reading, and ordered published this 1st day of
September, A.D. 2020, and to be presented for final passage on the 15th day of September, A.D.
2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
John Phelan, Energy Services Manager
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 113, 2020, Making Supplemental Appropriations and Authorizing Transfers of
Appropriations for the Northside Aztlan Resilience HUB Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $200,000 in Renewable and Clean Energy Challenge grant funds
from the Department of Local Affairs (DOLA) for a project to establish the Northside Aztlan Community Center
(Aztlan Center) as a resilience hub. The City has been notified of an award of $200,000 in support of energy
and storage measures at the Aztlan Center to improve its function as a resilience hub during community
emergencies.
The total project cost is $425,000, which includes an additional $200,000 as a required local match, and
$25,000 for non-reimbursable project fees. The structure of the funding for the total project would use the
$200,000 in grant proceeds from DOLA, $200,000 for the required local match from the 2020 Energy Services
budget (already appropriated in the Light & Power Fund), and $25,000 for the non-reimbursable project fees
from the 2020 Municipal Innovation Fund (already appropriated in the Keep Fort Collins Great Fund). The
$200,000 for the local match from the 2020 Energy Services budget is available as a result of anticipated
underspend due to the COVID-19 pandemic.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
DOLA launched the Renewable/Clean Energy Challenge grant program in the summer of 2019 to spark efforts
in reaching Colorado’s 2040 100% renewable energy goal. Projects funded by this initiative should achieve
renewable energy, energy efficiency, and energy conservation efforts; support innovations in renewable
energy; achieve multiple objectives and/or serve those with the greatest need. Proposed projects were also to
respond to needs and opportunities identified by the local government. The grant requires a 50% match.
The City submitted a letter of intent in August 2019 and a complete application in December before the impact
of the coronavirus pandemic was felt on our community or facilities. The Aztlan Center has since served as a
shelter for vulnerable populations over the last several months. The recent use of the facility has been a
demonstration of a resilience hub; the Northside Aztlan Resilience Hub project would add capabilities for
operation in emergencies where the electric grid may also be impacted. This highlights the importance of
proceeding with projects such as this one, which will also provide active demonstration of additional distributed
generation and battery storage on an ongoing basis to minimize operational costs and provide electric grid
benefits. The battery storage system would remain a Light & Power-owned asset which can provide ongoing
benefits to the ratepayers via this project.
6
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Agenda Item 6
Item # 6 Page 2
Given the current financial landscape, staff recommends the following approach:
• Proceed with appropriating the full project amount of $425,000, funded from:
o $200,000 from the DOLA Renewable and Clean Energy Challenge grant, which would reimburse the
Light & Power Fund over the course of the project as expenses are incurred.
o $200,000 in local match funds from the 2020 Utilities Energy Services budget, which is available from
anticipated underspend due to the COVID-19 pandemic.
o $25,000 from the 2020 Municipal Innovation Fund, which is already appropriated in the Keep Fort
Collins Great Fund, to cover permit fees for building improvements, Poudre Fire Authority, and
bonding required by DOLA. Those costs cannot be covered with DOLA grant funds. Use of the
Municipal Innovation Fund accomplishes rapid deployment of the funding to support resilience, the
municipal sustainability focus on resilience for 2020, and on a project that benefits the community.
The CAP Executive Team, Utilities Senior Management, and the Executive Leadership Team each reviewed
and supported the above funding approach, as detailed in the proposed Ordinance.
• There are several internal project partners necessary to successfully execute this grant project, including
Operations Services, Recreation, Emergency Preparedness and Security, Environmental Services, Social
Sustainability and Utilities.
• The circumstances presented by COVID-19 have demonstrated the need for and viability of incorporating
resilience, efficiency, and innovation in providing services to the community.
No APP contribution is required. The project is limited to placement of a battery and associated equipment,
including potentially photovoltaic panels, located at, though not affixed to, the Aztlan Center. No structural
modification, remodeling or improvement of any building, structure, street, sidewalk, or other public
improvement are part of the project. As such, the project does not constitute “construction” under Chapter 23,
Art. XII of the City Code for purposes of including contributions to the Art in Public Places Fund in the project
budget.
CITY FINANCIAL IMPACTS
The proposed appropriation can be funded while still meeting service area and department target reductions
for 2020. The Light & Power Enterprise Fund will be reimbursed by the DOLA grant, resulting in no negative
impact to the enterprise fund.
BOARD / COMMISSION RECOMMENDATION
The Energy Board will receive a staff report on this project at its September 10, 2020 meeting.
ATTACHMENTS
1. State Acknowledgement of Application and Grant Award (PDF)
2. Grant Agreement Terms (PDF)
3. Scope of Project (PDF)
6
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Governor Jared Polis | Rick M. Garcia, Executive Director | Chantal Unfug, Division Director
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
April 3, 2020
The Honorable Wade Troxell, Mayor
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
RE: EIAF 9232 - RENW Fort Collins Aztlan Community Center Energy Resilience
Dear Mayor Troxell:
The Department of Local Affairs is in receipt of your application for state Energy and Mineral Impact Assistance
funds under a special renewable and clean energy initiative launched by the Polis administration.
Your project was reviewed based on a variety of factors such as its connection to energy impact, degree of need,
measurable outcomes, amount of request, relationship to community goals, level of local match and community
support, management capacity, and readiness to go. Competition for these limited funds was intense and we had
many more requests than we had funds available.
Congratulations! After thorough review, I am excited to offer a grant award in the amount of $200,000 for
completion of the RENW Fort Collins Aztlan Community Center Energy Resilience project. This is the first pool of
Renewable and Clean Energy Challenge funding and we are excited to see this work begin. These grant funds will
be from state severance tax proceeds, which may cause you to go to election to receive and spend them. You
should confer with your legal and budget advisors to determine if such an election is necessary.
Please contact your DOLA Regional Manager, Chris La May, at 970-679-7679 for information on how to proceed.
Expenditure of State funds prior to the contract being fully executed cannot be included in the contract budget or
reimbursed by the State. Per our program guidelines, this offer is valid for one year from the date of this letter.
I wish you success with your project. Thank you for helping Colorado build an economy where all Coloradans can
thrive.
Sincerely,
Rick M. Garcia
Executive Director
cc: Joann Ginal, State Senator
Cathy Kipp, State Representative
Katy McLaren, City of Fort Collins
Chris La May, DOLA
ATTACHMENT 1 6.1
Packet Pg. 69 Attachment: State Acknowledgement of Application and Grant Award (9442 : Northside Aztlan Resilience Hub and Department of Local Affairs
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Local Affairs
DLG Number
F20S9232
CMS Number
162007
Grantee
City of Fort Collins
Grant Award Amount
$200,000.00
Retainage Amount
$10,000.00
Project Number and Name
EIAF 9232 - RENW Fort Collins Aztlan Community Center
Energy Resilience
Performance Start Date
The later of the Effective Date
or June 10, 2020
Grant Expiration Date
April 30, 2022
Project Description
The Project consists of the installation of solar panels,
battery storage, and electrical and storage efficiency
equipment on the Northside Aztlan Community Center in
Fort Collins.
Program Name
Energy & Mineral Impact Assistance Program (EIAF)
Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Regional Manager
Chris La May, (970) 679-4501,
(chris.la.may@state.co.us)
Funding Account Codes
DOLA Regional Assistant
Robert Thompson, (970) 679-4503,
(robert.thompson@state.co.us)
VCUST#
14149
Address
Code CN005 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_______________________________________________
By: Tim Katers, EIAF Program Manager
Date: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
______________________________________________
By: Rick M. Garcia, Executive Director
Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller
or an authorized delegate (the “Effective Date”).
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Yingtse Cha, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
ATTACHMENT 2 6.2
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TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Grant Award Terms
and Conditions page of this Grant Award Letter (the “State”) hereby obligates and awards to
Grantee shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amount shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. By accepting the Grant Funds
provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions
of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award
Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the
Performance Start Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter or an executed Option Letter
showing the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, Federal or other funds used
for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund
this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter
in whole or in part by providing written notice to Grantee. If the State terminates this Grant
Award Letter in the public interest, the State shall pay Grantee an amount equal to the
percentage of the total reimbursement payable under this Grant Award Letter that
corresponds to the percentage of Work satisfactorily completed, as determined by the State,
less payments previously made. Additionally, the State, in its discretion, may reimburse
Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this
Grant Award Letter that are incurred by Grantee and are directly attributable to the
uncompleted portion of Grantee’s obligations, provided that the sum of any and all
reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This
subsection shall not apply to a termination of this Grant Award Letter by the State for breach
by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Grant Award Letter exists in the law as follows:
A. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110
(Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been
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accomplished from and with appropriate agencies. This Grant Award Letter is funded, in
whole or in part, with State funds.
B. Reserved.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. Reserved.
B. Reserved.
C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
D. “Exhibits” means the following exhibits attached to this Grant Award Letter:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
E. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter, an amendment, or an Option
Letter.
F. Reserved.
G. Reserved.
H. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
I. “Grant Award Letter” or “Grant” means this letter which offers Grant Funds to Grantee,
including all attached Exhibits, all documents incorporated by reference, all referenced
statutes, rules and cited authorities, and any future updates thereto.
J. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Grant
Award Terms and Conditions page of this Grant Award Letter. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
K. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Grant Award Letter.
L. “Incident” means any accidental or deliberate event that results in, or constitutes an imminent
threat of, the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
M. “Initial Term” means the time period between the Performance Start Date and the initial
Grant Expiration Date.
N. Reserved.
O. “Other Funds” means all funds necessary to complete the Project, excluding Grant Funds.
Grantee is solely responsible for securing all Other Funds.
P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
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Q. “Performance Start Date” means the later of the Performance Start Date or the Execution
Date shown on the Summary of Grant Award Terms and Conditions page of this Grant Award
Letter.
R. Reserved.
S. Reserved.
T. Reserved.
U. “Project” means the overall project described in Exhibit B, which includes the Work.
V. “Project Budget” means the amounts detailed in §6.2 of Exhibit B.
W. Reserved.
X. Reserved.
Y. “Services” means the services performed by Grantee as set forth in this Grant Award Letter,
and shall include any services rendered by Grantee in connection with the Goods.
Z. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA.
AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
CC. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
DD. Reserved.
EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
FF. Reserved.
GG. Reserved.
HH. Reserved.
II. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
JJ. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
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5. PURPOSE
The purpose of the Energy and Mineral Impact Assistance Program is to assist political
subdivisions that are socially and/or economically impacted by the development, processing, or
energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit
B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Grant Award Terms and Conditions page of this Grant
Award Letter.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Grant Award Letter or an executed Option Letter showing the new
Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Grant Award Letter, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any
other appropriate method for collecting debts owed to the State.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
“Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Grant Award Letter each fiscal year prior to accepting any Grant Funds
for that fiscal year. Grantee does not by accepting this Grant Award Letter irrevocably pledge
present cash reserves for payments in future fiscal years, and this Grant Award Letter is not
intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable
for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required
by Grantee’s laws or policies.
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D. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Project Budget in Exhibit B.
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement
request or invoice. Any Grant Funds remaining after submission and payment of Grantee’s
final reimbursement request are subject to de-obligation by the State.
8. REPORTING – NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State. The State shall monitor Grantee’s
performance in a manner that does not unduly interfere with Grantee’s performance of the
Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
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10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Award Letter. Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security
(http://oit.state.co.us/ois) and all applicable laws, rules, policies, publications, and guidelines.
Grantee shall immediately forward any request or demand for State Records to the State’s
principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant, and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant, the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C.
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Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Grant Award Letter shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of
these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in either an option letter or a formal amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Performance Start Date. Grantee shall strictly
comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Order of Precedence
In the event of a conflict or inconsistency between this Grant Award Letter and any Exhibits
or attachment, such conflict or inconsistency shall be resolved by reference to the documents
in the following order of priority:
i. Any executed Option Letter
ii. The provisions of this Grant Award Letter.
iii. The provisions of any exhibits to this Grant Award Letter.
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G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Reserved.
L. Digital Signatures
If any signatory signs this Grant using a digital signature in accordance with the Colorado
State Controller Contract, Grant, and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be
incorporated into this Grant by reference.
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EXHIBIT B – SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist
political subdivisions that are socially and/or economically impacted by the development, processing,
or energy conversion of minerals and mineral fuels.
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of the installation of solar panels, battery storage, and
electrical and storage efficiency equipment on the Northside Aztlan Community Center in Fort Collins.
2.2. Work Description. The City of Fort Collins (Grantee) will hire a qualified contractor to install solar
panels, battery storage and electrical and storage efficiency equipment on the Aztlan Center. Upon
Project completion, the Grantee will provide a monitoring and reporting plan to DOLA that includes
the delivery of semi-annual (every six month) reports on the energy and cost performance of the
system. These reports are required for five years after the Expiration Date of the Grant Agreement or
date of Project closeout (work is completed, all deliverables have been submitted and accepted, the
final payment request has been submitted, and an agreement as to any amount of grant funds to be
deobligated has been made), whichever is later.Grantee will own and maintain all improvements and,
in accordance with §9 below, a contractor will be hired to complete the Work.
2.2.1. The Grantee warrants that the facility will continue to be utilized as a publicly available facility
for at least ten (10) years following completion of the Grant. If the facility is used for any
purpose other than intended during that ten-year period, the Grantee shall return a portion of the
grant funds based on the following payback schedule: In year one, one hundred percent (100%)
of the grant funds must be returned; in year two, ninety percent (90%); in year three, eighty
percent (80%); in year four, seventy percent (70%); in year five, sixty percent (60%); in year
six, fifty percent (50%); in year seven, forty percent (40%); in year eight, thirty (30%) percent;
in year nine, twenty (20%) and in year ten, ten (10%) percent. At the end of the ten (10) year
period following the date of completion of the renovations and thereafter, no State restrictions
on use of the property shall be in effect.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: labor, materials, required testing and inspection.
Engineering, permitting and legal fees shall be the sole responsibility of the Grantee.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1. “Construction/Improvement of Public Utilities” means labor and materials costs, bond and
insurance costs, bid advertisements, attorney’s fees, and right-of-way acquisition costs.
3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is completed installation of additional solar panels, battery
storage and electrical and storage efficiency equipment on the Aztlan Center, resulting in lower
electrical costs for the facility and a new community resilience resource and potential emergency
shelter. In the case of community emergencies, the building will be able to operate independently of
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the power grid to provide shelter as a secondary evacuation site for the Fort Collins region. The Project
encourages partnerships with Fort Collins, Larimer County, Red Cross and the community at-large, and
demonstrates how grid-interactive building systems can minimize carbon emissions and operational
costs during normal operations. Excess solar electricity stored will manage facility demand costs and
lower the annual utility bill for the facility.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Fort
Collins, Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: By:
Put Project out to bid. Within 90 days after the
Effective Date of this
Grant Award Letter.
Award and finalize subcontract(s). Within 30 days of bid
opening.
Provide DOLA with Project Timeline and Bid Tab. Within 30 days after the
Effective Date of the
subcontract(s).
Provide DOLA with Project photos. Prior to Project closeout.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report July 29, 2022
4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter (Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2, or move Other Funds between and among
budget lines, so long as the total amount of such “Other Funds” is not less than the amount set
forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such
change does not require an amendment or option letter. DOLA will verify the Grantee’s
contribution of “Other Funds” and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
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4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
2nd (Apr-Jun) 2020 July 30, 2020 Yes Yes
3rd (Jul-Sep) 2020 October 30, 2020 Yes Yes
4th (Oct-Dec) 2020 January 30, 2021 Yes Yes
1st (Jan-Mar) 2021 April 30, 2021 Yes Yes
2nd (Apr-Jun) 2021 July 30, 2021 Yes Yes
3rd (Jul-Sep) 2021 October 30, 2021 Yes Yes
4th (Oct-Dec) 2021 January 30, 2022 Yes Yes
1st (Jan-Mar) 2022 April 30, 2022 Yes Yes
2nd (Apr-Jun) 2022 July 29, 2022 Yes Yes
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of
Katy McLaren, Lead Sustainability Specialist, (kmclaren@fcgov.com), who is an employee or
agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key
person under this §5. Such administrator shall be updated through the process in §5.3. If this person is
an agent of the Grantee, such person must have signature authority to bind the Grantee and must
provide evidence of such authority.
5.2. Other Key Personnel. NONE. Such key personnel shall be updated through the process in §5.3.
5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
5.4. DLG Regional Manager: Chris La May, (970) 679-4501, (chris.la.may@state.co.us)
5.5. DLG Regional Assistant: Robert Thompson, (970) 679-4503, (robert.thompson@state.co.us)
6. FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2,
Budget, below.
6.1. Matching/Other Funds. Grantee shall provide at least 50% of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are
noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project
Cost do not require modification of this Grant Award Letter and/or Exhibit B.
6.2. Budget
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
Source Line
#
Cost Category
1 Construction/Improvement of
Public Utilities
$400,000 $200,000 $200,000 Grantee
Total $400,000 $200,000 $200,000
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7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s) $190,000 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $10,000 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total $200,000
7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if
any, during the term of this Grant. Results of such monitoring shall be documented by Grantee
and maintained on file.
8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or
subcontractors) performing such work shall secure the bonds hereunder from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do
business in Colorado.
8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid
guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of
his bid, execute such contractual documents as may be required within the time specified.
8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the
contract price. A “performance bond” is one executed in connection with a contract to secure
fulfillment of all the contractor's obligations under such contract.
8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract
price. A “payment bond” is one executed in connection with a contract to assure payment as
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required by statute of all persons supplying labor and material in the execution of the work
provided for in the contract.
8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the price is less than $50,000.
9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified
engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado
law, and hired by the Grantee through a competitive selection process.
9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest responsive, responsible bidder meeting the Grantee's specifications.
9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required, including the standards required by
Colorado Department of Public Health and Environment, and shall provide the State with
documentation of such compliance.
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-1-
ORDINANCE NO. 113, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS
AND AUTHORIZING TRANSFERS OF APPROPRIATIONS
FOR THE NORTHSIDE AZTLAN RESILIENCE HUB PROJECT
WHEREAS, in the summer of 2019, the Colorado Department of Local Affairs (DOLA)
launched the Renewable/Clean Energy Challenge grant program to support energy efficiency
efforts that align with needs and opportunities identified by local governments and will help the
State of Colorado reach its 2040 100% renewable energy goal; and
WHEREAS, DOLA solicited Clean Energy Challenge grant projects with multiple
objectives that targeted renewable energy, energy efficiency, and energy conservation efforts;
supported innovations in renewable energy, and served populations with the greatest need; and
WHEREAS, in December 2019, before the COVID-19 pandemic impacted Colorado
communities and City facilities, the City filed a Clean Energy Challenge grant application
detailing a $425,000 project to create a resiliency hub at the Northside Aztlan recreation center
by adding off-grid energy storage and management capabilities through battery systems to enable
operation in emergencies where the electric grid may be impacted (“Northside Aztlan Resilience
Hub project”); and
WHEREAS, throughout 2020 in response to the COVID-19 pandemic, the City used the
Northside Aztlan Center property and facilities for waves of community sheltering and resiliency
service efforts, through which the City demonstrated the community need and viability of the
proposed Northside Aztlan Resilience Hub project; and
WHEREAS, DOLA selected the Northside Aztlan Resilience Hub project for a Clean
Energy Challenge grant award of $200,000, conditioned on a $200,000 local fund match by the
City, which staff has identified is available in the 2020 Utilities Energy Services budget from
anticipated underspending due to the COVID-19 pandemic; and
WHEREAS, accepting the DOLA grant funds and commitment of matching funds, in
conjunction with Keep Fort Collins Great monies and other community funding, to complete the
Northside Aztlan Resilience Hub project will serve utility ratepayers by enabling installation of
energy system features in a community emergency facility that will lower demands on the City’s
electric grid and leverage outside funding to reduce the financial impact on the Electric Utility
enterprise fund (“Light & Power Fund”) for the project; and
WHEREAS, appropriating the DOLA grant and other matching and complementary
financial resources described in this Ordinance to complete the Northside Aztlan Resilience Hub
project benefits public health, safety and welfare of the citizens of Fort Collins and serves the
public purpose of ensuring more stable standalone operation of the facility as a community
emergency resource center ahead of the next pandemic or emergency; and
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WHEREAS, Article V, Section 9, of the City Charter permits the City Council, upon
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriations,
in combination with all previous appropriations for that fiscal year, 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 Light &
Power Fund and will not cause the total amount appropriated in the Light & Power 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, upon
recommendation of the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that 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, the City Manager has recommended the transfer of $25,000 from the Keep
Fort Collins Great Fund to the Light & Power Fund for the Northside Aztlan Resilience Hub
project and determined that the purpose for which the transferred funds are to be expended
remains unchanged; and
WHEREAS, the City Manager has recommended the transfer of $200,000 from the
Utilities Energy Services operating budget to the Northside Aztlan Resilience Hub project and
determined that the proposed transfer is from an account 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 grant revenue in the
Light & Power Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) for
expenditure in the Light & Power Fund for the Northside Aztlan Resilience Hub project and
appropriated therein.
Section 3. That the unexpended and unencumbered appropriated amount of
TWENTY FIVE THOUSAND DOLLARS ($25,000) is hereby authorized for transfer from the
Keep Fort Collins Great Fund to the Light & Power Fund for the Northside Aztlan Resilience
Hub project and appropriated therein.
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Section 4. That the unexpended and unencumbered appropriated amount of TWO
HUNDRED THOUSAND DOLLARS ($200,000) is hereby authorized for transfer from the
Energy Services operating budget to the Northside Aztlan Resilience Hub project.
Section 5. That the DOLA Renewable/Clean Energy Challenge grant program terms
and conditions, as provided to the City, are approved and agreed to as a condition of accepting
the grant funds without entering into a separate grant contract or intergovernmental agreement
with the State.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2020, and to be presented for final passage on the 6th day of October, A.D.
2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Richard Anderson, Sr. Manager, Building Devt. and Review
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Claire Havelda, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 114, 2020, Adopting the 2020 National Electric Code
Standards.
EXECUTIVE SUMMARY
This item was amended to reflect the amendments being proposed as compared to the current City Code
provisions that adopt the National Election Code. The amended version of the Ordinance clearly reflects these
amendments as compared to the current provisions.
The purpose of this item is to adopt the most up-to-date electrical code that will align the City and the minimum
State allowed Electrical Code. The National Electrical Code (NEC) as Adopted by the State of Colorado
Department of Regulatory Agencies (DORA) is the standard for all electrical installations in the State. By
aligning our local adoptions with DORA, we will be in line with the minimum life safety requirement for electrical
installations and repairs.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Since 1924, the City has periodically reviewed, amended, and adopted the latest nationally recognized building
standards available for the times. The City has updated the minimum construction standards sixteen (16) times
since 1924.
This Ordinance will replace the 1993 edition of National Electrical Code which was adopted by Ordinance No.
25, 1994 on March 1, 1994. This Code adoption is important for the following reasons:
• In 2018 the Code Adoption Committee recommended to Council an amendment to the International
Building Code (IBC) to reference:
o Electrical. All references to the Electrical Code shall mean the electrical code currently in effect as
enacted by the State of Colorado.
• Council Approved this recommendation and this adoption will align our Municipal Code with the intent of
the Code Committees amendment to the IBC.
• Maintain the highest Insurance Services Office (ISO) insurance rating which affects homeowner insurance
rates in the community. The best score is achieved by adopting the most recent series of Codes within 12
months of issuance.
• DORA has adopted the 2020 NEC effective August 1, 2020, and this will provide consistency and maintain
regulations in the region.
• The 2015 City of Fort Collins Energy Policy has committed to adopting the newest International Energy
Agenda Item 7
Item # 7 Page 2
Conservation Code (IECC) Energy Code within 12 months of issuance. The adoption of the NEC will
provide code consistency with the rest of the adopted Codes.
• Adopting each 3-year code cycle typically means Code changes are in small steps instead of large, costly
ones.
The NEC standards are reviewed and voted on by code officials and construction industry professionals from
across the country and are updated and published every three years under the oversight of the National Fire
Protection Agency (NFPA). The 2020 NEC represents the latest publication from NFPA for electrical
installations and repairs.
Review Process
The implementation of new building standards can have a dramatic impact on the construction industry and the
economy of the community. On March 16, 2020, DORA held a stakeholder meeting to discuss this proposed
rule change. There was no objection noted during this meeting or the meeting where the adoption was
approved.
Updates to the 2020 NEC
The updates in the 2020 NEC adds additional life safety requirements. These minimum requirements are in
place to ensure the safety of the Electrical Contractors, Property Owners, Electrical Purveyors, First
Responders, and the end user.
Cost Impact to Construction
DORA has mandated the 2020 NEC as the minimum electrical code in the State of Colorado, there will be a
construction cost increase across the State for electrical installation, repairs, and maintenance work. Staff is
not recommending any amendments that will add any additional construction costs to the current state
requirements. Therefore, the construction costs will not increase above what is already incurred due to the
adoption of the 2020 NEC by DORA.
Local Amendments Overview
Staff is proposing a few amendments as part of the Ordinance:
Staff is only proposing a few amendments to the NEC as part of the Ordinance.
• Relocating the photovoltaic (PV) ready provision in our local amendment for the International Residential
Code (IRC) from part VIII Electrical of the IRC to part 3 Building Planning and Construction. This will
maintain these current requirements that Council approved with the adoption of the 2018 IRC.
• The deletion of part VIII of the IRC to only reference the NEC as adopted by DORA for all electrical work
performed. Since DORA does not adopt the IRC for electrical work in the state, this will align the City with
the State requirement.
• Other amendments to Chapter 5 include:
o Section 5-81 Short title
▪ This is needed as part of the reorganization of this section.
o Section 5-82
▪ To delete reference to the 1993 NEC and now reference the 2020 NEC.
▪ Add a section that permits are required and reorganize this section to include provisions previously
housed in sections 5-83 and 5-84 regarding electrical standards for signs and penalties for
violations.
Background and History
When the City received notification that DORA was adopting the 2020 NEC, staff researched our current Code
provisions to see if they were aligned with these new standards. Staff found the last Electrical Code adoption
was for the 1993 NEC in 1994. Installations or repairs to electrical systems regulated by this 1993 code do not
Agenda Item 7
Item # 7 Page 3
meet the current minimum life safety requirements in the 2020 NEC. This Ordinance will align the City with
industry standards and allow contractors to utilize the 2020 NEC.
Intent of Recommending Local Amendments to the NEC
There are reasons for exploring local amendments to the NEC, including:
• Consideration of the Climate Action plan;
• Maintaining current City specific requirements for:
o Photovoltaic (PV) ready
o Electric Vehicles (EV) ready
o Permitting
o Appeals process
o Violation process
o Electrical Sign materials
• Council approved the Climate Action Plan in 2015, which includes a carbon neutral goal by 2050. Likely
steps toward achieving this will be increased renewable energy, energy storage systems, electric vehicle
infrastructure and smart grid technology. Adoption of the 2020 NEC provides increased support for the
most current technology, safe installation standards and enhanced responder safety. The 2020 NEC will
align us with industry standards and will ensure that electrical installation, repairs, and upgrades better
support City goals.
CITY FINANCIAL IMPACTS
Alterations to and/or new construction of City-owned properties must comply with the provisions of the 2020
NEC. The scope of work will determine the financial impact to the City. In general, there are no financial
impacts expected with the adoption of the 2020 NEC.
Community Development and Neighborhood Services (CDNS) anticipates the following financial impacts which
are accommodated by the current CDNS budget:
• Purchase of new NEC books, approximately $2,000. The necessary copies of the 2020 NEC will be
purchased for staff.
• Staff training on the 2020 NEC is mostly accomplished in-house. When possible, staff will attend code
classes that are offered at various times throughout the year. This additional training cost is expected not
to exceed $1,500.
• The anticipated budget impacts are included in budget and will have no negative impact on the
Department’s budget.
Triple Bottom Line Scan
The 2020 NEC adoption was not identified as one of the select major projects requiring a triple bottom line
scan.
BOARD / COMMISSION RECOMMENDATION
At the August 27, 2020 meeting of the Building Review Board, boardmembers voted unanimously to
recommend adoption of the 2020 NEC with local amendments.
Agenda Item 7
Item # 7 Page 4
ATTACHMENTS
1. Code of Colorado Regulations - Electrical Board (PDF)
2. Building Review Board Minutes - August 27, 2020 (PDF)
3. Building Review Board - Letter of Support (PDF)
4. Poudre Fire Authority - Letter of Support (PDF)
5. Fort Collins Energy Services - Letter of Support (PDF)
6. Public Comment - Northern Colorado Home Builder Association (PDF)
7. 2014-2017-2020 NEC Cost Analysis (PDF)
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DRAFT EXCERPTCity of Fort Collins Page 1 August 27, 2020
Alan Cram, Chair City Council Chambers
Tim Johnson, Vice Chair City Hall West
Brad Massey 300 Laporte Avenue
Katharine Penning Fort Collins, Colorado
Eric Richards
Justin Robinson Staff Liaison:
Mark Teplitsky Rich Anderson
Chief Building Official
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for
assistance.
Meeting Minutes
August 27, 2020
Item #2 Electrical Code Amendments Excerpt
A regular meeting of the Building Review Board was held on Thursday,August 27, 2020, at
9:00 a.m.Due to the ongoing pandemic emergency, the meeting was held remotely.
•CALL TO ORDER
Chair Cram called the meeting to order at 9:03 a.m.
•ROLL CALL
PRESENT:Cram, Johnson, Massey,Richards, Robinson
ABSENT:Penning, Teplitsky
STAFF:Anderson, Manno, Schiager
***BEGIN EXCERPT***
2.ELECTRICAL CODE AMENDMENTS
DESCRIPTION: The Board is asked to consider the approval of certain amendments to the
electrical code in order to align with Department of Regulatory Agencies
(DORA) State Electrical Board’s recent adoption of the 2020 National Electrical
Code (NEC).
STAFF: Rich Anderson, Chief Building Official
Shar Manno, Administrative Services Manager
Building Review Board
ATTACHMENT 2
DRAFT EXCERPTCity of Fort Collins Page 2 August 27, 2020
Staff Report
Mr. Anderson presented the staff report explaining the purpose of the proposed amendments. He
provided an overview of the changes. He noted that these sections of the Municipal Code were last
updated in 1993 and do not represent what electrical contractors must follow for the State.
Public Input
None
Board Questions and Discussion
Chair Cram read into the record written comments emailed to the Board by Mike Doddridge, a member
of the HBA and former member of the BRB, expressing concerns about the impact whole-house surge
protection and GFI protection, along with other fee increases, requirements will have on affordable
housing.
Chair Cram expressed concern about affordable housing. He asked whether Fort Collins is required
to adopt that part of the NEC requirements. Mr. Anderson explained that the 2020 NEC has been
adopted at the state level, and all electricians doing work in the state of Colorado, must comply with
them. This request simply proposes to align Fort Collins Code with the state requirements already in
place. He also spoke about the safety reasons behind the regulations. He commented there are other
construction costs that have skyrocketed lately that will have a far greater impact on housing costs than
these.
Mr. Massey stated that it did not make sense to adhere to 1993 code, and that we need to align
ourselves with the current code requirements of the State. While these things do add some cost, there
are sound reasons for the updates. Mr. Anderson added that Larimer County and Loveland had both
adopted this code.
Mr. Johnson said while the cost of housing is an important consideration, housing costs are primarily
driven by supply and demand these components do not add significant cost to buying a home.
Chair Cram said the Board seems to agree that we need to move past the 1993 code, and that they
realize that since the state is requiring this currently, it is appropriate to align with it.
Mr. Anderson asked that the Board make a motion to recommend approval of these amendments to
Council and authorize the Chair to send a letter of support to Council.
Board Deliberation
Based on the presentation and review of the materials provided, Mr. Johnson moved to
recommend to City Council that they adopt the National Fire Protection Associations Standard
number 70, hereinafter known as the National Electrical Code, 2020 Edition and as may be
amended by City Council.
Mr. Massey seconded. The motion passed 5-0.
Mr. Massey moved to have the Chair, Alan Cram, draft and sign a letter to Council in support of
adopting the 2020 NEC.
Mr. Robinson seconded the motion. The motion passed 5-0.
***END EXCERPT***
ATTACHMENT 3
ATTACHMENT 4
Utilities
electric · stormwater · wastewater · water
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.212.2900
V/TDD: 711
utilities@fcgov.com
fcgov.com/utilities
Aug 26, 2020
Rich Anderson
Chief Building Official
City of Fort Collins
RE: Letter of Support for adoption of 2020 National Electric Code (NEC)
Dear Rich:
The purpose of this letter is to express Utilities Energy Services division support for the adoption
of the 2020 NEC. In staff consultations with Brian Mehalic, Solar Energy International
instructor, Master Electrician and Principal on the NFPA Code-Making panel 4 of the 2020
NEC, we understand that this electrical code more closely aligns with objectives that pertain to
the City of Fort Collins climate goals, Energy Policy and distribution system safety. As we
continue to forge a future of interconnected power sources this code now provides sections
addressing power control systems allowing for the management of multiple sources such as solar
PV and energy storage systems. Additionally, and critical to safety, the code includes
clarification on a readily-accessible emergency disconnect requirement for one and two family
dwellings as it pertains to energy storage systems. With the rollout of our electric vehicle (EV)
roadmap it’s good to know there is also clean-up and clarification of language specific to
existing requirements for EV’s.
I fully support the adoption of the 2020 NEC.
Sincerely,
John Phelan
Energy Services Manager
ATTACHMENT 5
From: mjd@doddridgeconstruction.com <mjd@doddridgeconstruction.com>
Sent: Thursday, August 27, 2020 6:38 AM
To: Rich Anderson <randerson@fcgov.com>
Cc: 'Nikki Giordano' <nikki@nocohba.com>; dan.o@iplumbingsolutions.com; Alan Cram <abcram08@gmail.com>
Subject: [EXTERNAL] 2020 Electric Code‐ BRB Meeting
Hello Rich,
It is my understanding that you were looking for comment from the NOCO HBA concerning the 2020 NEC adoption being
discussed at today’s Building Review Board meeting. While I am not available to attend today’s meeting, I thought I
would send a quick message with a couple of my personal comments. I have been a member of the HBA for over fifteen
years. The HBA is an organization whose mission is to ensure our homebuilders can continue to provide the American
Dream of homeownership to Northern Colorado residents through safe and attainable housing. I have also served on
the City’s Building Review Board as well as the Code review committee for the last several code cycles.
While I understand the need for codes to be updated from time to time, I would like the members of the adoption
committee and the Building Review Board to know that this change will have a direct impact on the cost of
housing. Items like whole house surge protection and additional GFI protection, will add directly to the material cost of
construction. There is no disputing that. Coupled with the dramatic increase in other fees that we have seen recently,
the dream of home ownership is evaporating for a larger and larger segment of the population of this city.
As a member of the HBA, I appreciate the opportunity for the organization to be consulted on these items. Having had a
little more time ahead of today’s meeting, we could have provided a cost analysis of the code changes. Hopefully that
information is already available for the members of the BRB and the individuals making the final decision.
Thank you for your time.
Michael Doddridge CGR, CGB, CGP, CAPS
Doddridge Construction Corporation
mjd@doddridgeconstruction.com
970‐218‐3120
2012 HBA of Northern Colorado Builder of the Year
2007 HBA of Northern Colorado Remodeler of the Year
ATTACHMENT 6 BUILDING REVIEW BOARD
ELECTRICAL CODE AMENDMENTS
PUBLIC COMMENT
2
ATTACHMENT 6 BUILDING REVIEW BOARD
ELECTRICAL CODE AMENDMENTS
PUBLIC COMMENT
ESTIMATED COSTS OF THE
2014, 2017, AND 2020 NEC CODE CHANGES
FOR SINGLE-FAMILY AND
MULTIFAMILY BUILDINGS
Prepared For
National Association of
Home Builders
DECEMBER 2019
Report No. CR1241-3 12162019
400 Prince George’s Blvd. | Upper Marlboro, MD 20774 | 800.638.8556 | HomeInnovation.com
Disclaimer
Neither Home Innovation Research Labs, Inc., nor any person acting
on its behalf, makes any warranty, expressed or implied, with respect
to the use of any information, apparatus, method, or process disclosed
in this publication or that such use may not infringe privately owned
rights, or assumes any liabilities with respect to the use of, or for
damages resulting from the use of, any information, apparatus,
method, or process disclosed in this publication, or is responsible for
statements made or opinions expressed by individual authors.
Condition/Limitation of Use
Home Innovation Research Labs is accredited by IAS in accordance
with ISO 17020, ISO 17025, and ISO 17065. The evaluations within this
report may or may not be included in the scopes of accreditation.
Accreditation certificates are available at iasonline.org.
This report may be distributed in its entirety, but excerpted portions
shall not be distributed without prior written approval of Home
Innovation Research Labs.
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes i
TABLE OF CONTENTS
Acronyms, Abbreviations, and Definitions ..................................................................................... iii
Background ...................................................................................................................................... 1
Methodology .................................................................................................................................... 1
Reference Houses ........................................................................................................................ 2
Reference Buildings ..................................................................................................................... 2
Results .............................................................................................................................................. 3
Estimated Cost Impact of 2014, 2017, and 2020 NEC Code Compliance .................................... 3
APPENDIX A: Incremental Cost for Each Code Change .................................................................... 5
APPENDIX B: Location Adjustment Factors .................................................................................... 21
APPENDIX C: Reference Houses ..................................................................................................... 22
Reference House Characteristics ............................................................................................... 22
Reference Houses Defined ......................................................................................................... 23
APPENDIX D: Reference Buildings .................................................................................................. 24
Reference Building Characteristics ............................................................................................ 24
Reference Buildings Defined ...................................................................................................... 25
APPENDIX E: Reference House 1 .................................................................................................... 26
APPENDIX F: Reference House 2 .................................................................................................... 27
APPENDIX G: Reference House 3 ................................................................................................... 28
APPENDIX H: Reference House 4 ................................................................................................... 29
APPENDIX I: Reference Building 1 .................................................................................................. 30
APPENDIX J: Reference Building 2 ................................................................................................. 31
APPENDIX K: Reference Building 3 ................................................................................................. 32
APPENDIX L: Reference Building 4 ................................................................................................. 33
APPENDIX M: Reference Townhouse ............................................................................................ 34
December 2019 Home Innovation Research Labs
ii Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
TABLES
Table 1. Reference House Features .............................................................................................................. 2
Table 2. Reference Building Features ........................................................................................................... 2
Table 3. Estimated Cost Impact of 2014 NEC Code Changes ........................................................................ 3
Table 4. Estimated Cost Impact of 2017 NEC Code Changes ........................................................................ 3
Table 5. Estimated Cost Impact of 2020 NEC Code Changes ........................................................................ 4
Table C-1. New Construction Foundation Types......................................................................................... 22
Table C-2. New Construction Number of Stories ........................................................................................ 22
Table C-3. Sites for Reference Houses ........................................................................................................ 22
Table C-4. Typical HVAC Systems Supplied with New Houses .................................................................... 23
Table C-5. Features of the Reference Houses ............................................................................................. 23
Table D-1. New Construction Number of Stories ....................................................................................... 24
Table D-2. New Construction Number of Units .......................................................................................... 24
Table D-3. New Construction Number of Units .......................................................................................... 25
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes iii
ACRONYMS, ABBREVIATIONS, AND DEFINITIONS
AFCI Arc-Fault Circuit Interrupter
EA Each
GFCI Ground-Fault Circuit Interrupter
IBC International Building Code
IRC International Residential Code
LF Linear feet
NAHB National Association of Home Builders
NEC National Electric Code
O&P Overhead and profit
SF Square feet
T.H. Townhouse
December 2019 Home Innovation Research Labs
iv Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
INTENTIONALLY LEFT BLANK
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 1
BACKGROUND
The National Association of Home Builders (NAHB) identified 10 changes in the 2014 and 2017 National
Electrical Code 1 (NEC), which were approved for buildings built under the 2015 and 2018 International
Residential Code (IRC) and International Building Code (IBC)2, respectively, and six changes in the 2020
NEC which could have a significant cost impact for builders. Home Innovation Research Labs (Home
Innovation) reviewed the code changes and performed a cost analysis on several reference houses and
buildings to estimate the expected cost impact.
METHODOLOGY
Baseline metrics were defined for four representative single-family houses, built to the IRC, and four
multifamily buildings and one 4-story townhouse, built to the IBC, in order to determine the cost impact
of the code changes.
The Reference Houses and their site locations were initially defined in a report titled “Estimated Costs of
the 2015 Code Changes” prepared by Home Innovation for NAHB. These single-family houses were
selected for their similarity to new home offerings in the six metropolitan areas selected as site locations
- Miami, Dallas, Los Angeles, Seattle, New York, and Chicago, and their size proximity to a national
average of 2,607 SF. Features of the Reference Houses are summarized in the next section.
The Reference Buildings were initially defined in a report titled “Estimated Costs of the 2018 Code
Changes for Multifamily Buildings” prepared by Home Innovation for NAHB (April 2018). The Reference
Buildings were adopted from the studies documented in the report. Features of the Reference Buildings
are summarized in the next section.
The Reference Houses and Reference Buildings serve as the baselines for the analysis to estimate the
cost impact of the 2014, 2017, and 2020 NEC code changes. All buildings are in compliance with the
minimum requirements of the 2015 IRC/IBC (for the 2014 NEC changes) and 2018 IRC/IBC (for the 2017
NEC changes).
The cost impacts in this analysis have been developed primarily with data adapted from the following
sources: 2019 Residential Cost (for Reference Houses) and Electrical Cost (for Reference Buildings) with
RSMeans Data 3; distributors’ or big box retailers’ websites. The cost for individual code changes are
shown in Appendix A. Costs are reported at the national level and can be modified for a region using
builders’ known bid prices or by applying a location factor adjustment shown in Appendix B. Appendix A
costs are reported as both total to the builder and total to consumer. The total cost to builder includes
overhead and profit (designated in the tables as “w/O&P”) applied to individual component costs (i.e.,
materials and labor) to represent the cost charged by the sub-contractor. The total cost to consumer is
based on the builder’s gross margin, reported as 18.9% of construction cost in the 2016 Cost of Doing
Business. The cost summary tables shown in the Results section below show the total cost to consumer
only.
1 NFPA 70, National Electrical Code (NEC), https://www.nfpa.org/NEC
2 International Code Council, www.iccsafe.org/Pages/default.aspx
3 RSMeans, https://www.rsmeans.com/
December 2019 Home Innovation Research Labs
2 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Houses
The features of the Reference Houses are summarized in the table below. Additional details and basis
for selection of building criteria are provided in Appendix C. Elevations and floor plans are provided in
Appendices E-H.
Table 1. Reference House Features
Reference House 1 2 3 4
Square Feet 2,607 2,607 2,607 2,607
Foundation Slab Slab Basement Basement
Number of Stories 1 2 1 2
Number of Bedrooms 3 4 3 4
Number of Bathrooms 2 2.5 2 3
Garage, attached 2-car 2-car 2-car 2-car
Laundry Room/Closet Yes Yes Yes Yes
Reference Buildings
The features of the Reference Buildings are summarized in the table below. Additional details and basis
for selection of building criteria are provided in Appendix D. Elevations and floor plans are provided in
Appendices I-M.
Table 2. Reference Building Features
Reference Building 1 2 3 4 T.H.
Approx. Total Size 19,500 SF 43,150 SF 44,500 SF 462,600 SF 2,500 SF
Number of Stories 2 3 4 5 4
Number of Units 24 36 48 + shared 167 1
Parking Surface Lot Surface Lot Surface Lot Enclosed public
parking garage Private garage
Laundry Communal In unit In unit In unit In unit
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 3
RESULTS
Estimated Cost Impact of 2014, 2017, and 2020 NEC Code Compliance
The Tables below summarize the estimated cumulative impact of the selected code changes on the cost
of constructing the Reference Houses and Reference Buildings. The costs represent cost to consumers
(homeowners or building owners). See Appendix A for details and costs to builders.
Table 3. Estimated Cost Impact of 2014 NEC Code Changes
Description Code
Section
Cost ($)
Reference Houses Reference Buildings
1 2 3 4 1 2 3 4 T.H.
GFCI within 6-ft. of kitchen sink 210.8(A)(7) 47 32 32 32 742 1,074 1,342 2,637 16
GFCI within 6-ft. of shower or
bathtub 210.8(A)(9) 0 0 32 0 0 568 0 963 16
GFCI for 15- & 20-amp
receptacle in laundry 210.8(A)(10) 16 16 16 16 0 568 758 2,637 16
GFCI for 15- & 20-amp
receptacles in garages of
multifamily buildings
210.8(B)(8) 0 0 0 0 0 0 0 111 0
GFCI for outlets supplying
dishwashers in dwelling units 210.8(D) 16 16 16 16 379 568 758 2,637 16
AFCI for branch circuits
supplying kitchen and laundry
areas
210.12(A) 184 184 184 184 2,951 6,639 5,778 30,796 184
One receptacle for each car
parking space that should not
supply receptacle outside
garage
210.52(G)(1) 172 172 172 172 0 0 0 0 211
One 125V 15- or 20-amp
receptacle outlet within 50-ft. of
electrical service equipment for
multifamily buildings.
210.64 0 0 0 0 401 401 401 801 0
Total 435 420 452 420 4,473 9,818 9,037 40,582 459
Table 4. Estimated Cost Impact of 2017 NEC Code Changes
Description Code section
Cost ($)
Reference Houses Reference Buildings
1 2 3 4 1 2 3 4 T.H.
Measurement for GFCI within 6-
ft. of kitchen sink is from the
inside edge of sink
210.8(A)(7) (16) (16) (16) (16) (395) (568) (758) (2,637) (16)
One 120V 20-amp branch circuit
in garage and it can supply only
readily accessible receptacle
outside garage
210.11(C)(4) 19 19 19 19 0 0 0 0 19
Total 3 3 3 3 (395) (568) (758) (2,637) 3
December 2019 Home Innovation Research Labs
4 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Table 5. Estimated Cost Impact of 2020 NEC Code Changes
Description Code
Section
Cost ($)
Reference Houses Reference Buildings
1 2 3 4 1 2 3 4 T.H.
GFCI for 250-volt
receptacles 210.8(A) 273 273 136 273 3,272 9,817 13,089 45,540 273
GFCI for all basement
receptacles 210.8(A)(5) 0 0 63 0 0 0 0 0 0
GFCI for 250-volt
outdoor outlets 210.8(F) 136 136 136 136 0 4,368 5,824 20,263 136
Surge Protection for
dwellings 230.67 246 246 246 246 5,907 8,860 11,813 41,100 246
Emergency
Disconnects for one-
and two-family
dwellings
230.85 86 86 86 86 0 0 0 0 86
Total 741 741 667 741 9,179 23,045 30,727 106,903 741
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 5
APPENDIX A: INCREMENTAL COST FOR EACH CODE CHANGE
Reference Code Section
2014 NEC 210.8(A)(7) Ground-Fault Circuit Interrupter Protection for Personnel, Dwelling Units, Sinks
Summary of the Code Change:
The code change revised this section to require GFCI protection of 125-volt, 15- and 20-ampere
receptacles installed within 6 ft. of the outside edge of a sink that are not covered by the kitchen
countertop rule in 210.8(A)(6). Previously, kitchen sinks were excluded.
Cost Implication of the Code Change:
This code change may increase the cost of construction. The change is applicable where an outlet for a
food waste disposal under the kitchen sink is within 6 ft. of the sink, or where an outlet in a wall space,
not already covered by the kitchen countertop rule, is within 6 ft. of the kitchen sink. For example, this
change would apply where a receptacle located in a low wall beneath a kitchen counter pass through
and facing an adjacent room, as required by 210.52(A)(2) Wall Space, and not covered by the kitchen
countertop requirement because the receptacle is located more than 12-in. below the countertop per
210.52(C)(5), is within 6 ft. of the kitchen sink. Reference House 1 has two such receptacles; the other
reference houses and some reference buildings each have one. It is also assumed that each dwelling unit
has one food waste disposal receptacle outlet within 6 ft. of the kitchen sink.
The analysis is based on a review of the reference houses and reference buildings to evaluate applicability
and summarized in the tables below. Costs are based on duplex outlets that are tamper-resistant for all
outlets as required by Section 406.4(D)(5) and GFCI outlets that are self-testing as required by their listing.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15- or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15-amp EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Houses GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference House 1 EA 15.79 3 47.37
Reference House 2 EA 15.79 2 31.58
Reference House 3 EA 15.79 2 31.58
Reference House 4 EA 15.79 2 31.58
Reference Buildings GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference Building 1 EA 15.79 47 742.13
Reference Building 2 EA 15.79 68 1,073.72
Reference Building 3 EA 15.79 85 1,342.15
Reference Building 4 EA 15.79 167 2,636.93
Reference Townhouse EA 15.79 1 15.79
December 2019 Home Innovation Research Labs
6 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2014 NEC 210.8(A)(9) Ground-Fault Circuit Interrupter Protection for Personnel, Dwelling Units,
Bathtubs or shower stalls
Summary of the Code Change:
The code change is a new requirement for GFCI protection of 125-volt, 15- and 20-ampere receptacles
installed within 6 ft. of the outside edge of a bathtub or shower stall.
Cost Implication of the Code Change:
This code change may increase the cost of construction. This change is applicable to receptacle outlets
located in the wall of the master bedroom or hallway outside of the bathroom that are within 6 ft. of the
edge of the shower or bathtub when measured through the door. The receptacles inside the bathroom
were already required to be GFCI protected in the previous codes. The analysis is based on an estimate
of the number of applicable outlets that now require GFCI protection. For Reference House 3, there are
2 receptacles in the master bedroom that are within 6 ft. of the edge of the bathtub. Similarly, there
were several receptacle outlets within 6 ft. of the bathtub or shower for Reference Buildings 2 and 4 and
the Reference Townhouse.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15- or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15-amp EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Houses GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference House 3 EA 15.79 2 31.58
Reference Buildings GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference Building 2 EA 15.79 36 568.44
Reference Building 4 EA 15.79 61 963.19
Reference Townhouse EA 15.79 1 15.79
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 7
Reference Code Section
2014 NEC 210.8(A)(10) Ground-Fault Circuit Interrupter, Dwelling Units, Laundry areas
Summary of the Code Change:
The code change is a new requirement for GFCI protection of 125-volt, 15- and 20-ampere receptacles
installed in laundry areas.
Cost Implication of the Code Change:
This code change will increase the cost of construction as it will require GFCI protected receptacle outlet
instead of standard outlet for dwelling units with laundry areas. This change applies to dwelling units
and therefore does not apply to common laundry areas in multifamily buildings. One receptacle per
dwelling unit is assumed for all Reference Houses, Reference Buildings 2 and 4, and the Reference
Townhouse.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15- or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15-amp EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Houses GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference House 1 EA 15.79 1 15.79
Reference House 2 EA 15.79 1 15.79
Reference House 3 EA 15.79 1 15.79
Reference House 4 EA 15.79 1 15.79
Reference Buildings GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference Building 2 EA 15.79 36 568.44
Reference Building 3 EA 15.79 48 757.92
Reference Building 4 EA 15.79 167 2,636.93
Reference Townhouse EA 15.79 1 15.79
December 2019 Home Innovation Research Labs
8 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2014 NEC 210.8(B)(8) Ground-Fault Circuit Interrupter, Other Than Dwelling Units, Garages, service bays
and similar areas other than vehicle exhibition halls and showrooms.
Summary of the Code Change:
The code change is a new requirement for GFCI protection of 125-volt, 15- and 20-ampere receptacles
installed in garages, service bays and similar areas located at other than dwelling units. The requirement
does not apply to receptacles installed in showroom or exhibition areas.
Cost Implication of the Code Change:
This code change will increase the cost of construction for buildings with garage. This code change is
applicable to garages, service bays and similar areas in multi-family residential homes. This code change
is only applicable to Reference Building 4 which is the only multi-family building with garage. Receptacle
outlets are required to be GFCI protected.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15-amp or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15-amp EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Buildings GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference Building 4 EA 15.79 7 110.53
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 9
Reference Code Section
2014 NEC 210.8(D) Ground-Fault Circuit Interrupter, Kitchen Dishwasher Branch Circuit
Summary of the Code Change:
The code change is a new requirement for GFCI protection of outlets that supply dishwashers installed in
dwelling areas.
Cost Implication of the Code Change:
This code change will increase the cost of construction with the new requirement of GFCI protection for
outlets supplying dishwashers. It is assumed that each dwelling unit has one outlet for dishwasher.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15- or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15A EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Houses GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference House 1 EA 15.79 1 15.79
Reference House 2 EA 15.79 1 15.79
Reference House 3 EA 15.79 1 15.79
Reference House 4 EA 15.79 1 15.79
Reference Buildings GFCI protection for receptacle outlets
Unit Unit Cost Quantity Cost
Reference Building 1 EA 15.79 24 378.96
Reference Building 2 EA 15.79 36 568.44
Reference Building 3 EA 15.79 48 757.92
Reference Building 4 EA 15.79 167 2,636.93
Reference Townhouse EA 15.79 1 15.79
December 2019 Home Innovation Research Labs
10 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2014 NEC 210.12(A) Arc-Fault Circuit Interrupter, Dwelling Units
Summary of the Code Change:
The code change is a revision to expand the AFCI protection requirement to kitchens and laundry areas,
and to specify that AFCI protection is required for branch circuits supplying outlets and devices.
Cost Implication of the Code Change:
This code change will increase the cost of construction with the new requirement of AFCI protection for
branch circuits supplying kitchen and laundry areas. Following the minimum code requirement, we will
assume that there are 2 branch circuits supplying the kitchen and 1 branch circuit supplying the laundry
area. The cost of standard circuit breaker is deducted from the cost of AFCI combination-type circuit
breaker.
Component Unit Material w/O&P Quantity Cost
AFCI combination-type 20-amp, 1-pole circuit breaker EA 58.00 63.80 1 63.80
Standard 20-amp, 1-pole Circuit Breaker EA 11.00 12.10 (1) (12.10)
Total to builder 51.70
Total to Consumer 61.47
Reference Houses AFCI protection for branch outlets
Unit Unit Cost Quantity Cost
Reference House 1 EA 61.47 3 184.41
Reference House 2 EA 61.47 3 184.41
Reference House 3 EA 61.47 3 184.41
Reference House 4 EA 61.47 3 184.41
Reference Buildings AFCI protection for branch outlets
Unit Unit Cost Quantity Cost
Reference Building 1 EA 61.47 48 2,950.56
Reference Building 2 EA 61.47 108 6,638.76
Reference Building 3 EA 61.47 94 5,778.18
Reference Building 4 EA 61.47 501 30,796.47
Reference Townhouse EA 61.47 3 184.41
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 11
Reference Code Section
2014 NEC 210.52(G)(1) Dwelling Unit Receptacle Outlets; Basements, Garages, and Accessory Buildings;
Garages
Summary of the Code Change:
The code change is a revision to require at least one receptacle outlet for each car parking space in a
dwelling unit garage and to restrict the branch circuit supplying garage receptacle outlets from supplying
outlets located outside of the garage. This is only applicable to a one-family dwelling.
Cost Implication of the Code Change:
This code change will increase the cost of construction for single-family houses with a garage. The
analysis assumes that the branch circuit serving the garage also served outlets outside the garage before
the code change, so the cost will include one additional branch circuit dedicated to the garage, plus one
additional outlet on this same circuit for the second parking space for the two-car garages of the
Reference Houses and Reference Townhouse.
Component for Reference Houses Unit Material Labor Total w/O&P Quantity Cost
Duplex outlet, 15-amp recep.,
metal box, plate, Type NM cable EA 8.70 23.00 31.70 46.50 1 46.50
Wire 14/2 NM LF 0.18 1.32 1.50 2.36 40 94.40
Circuit Breaker 15-amp, 1-pole EA 4.10 4.10 4.10 1 4.10
Total to Builder 145.00
Total to Consumer 172.41
Component for Reference
Buildings Unit Material Labor Total w/O&P Quantity Cost
Duplex outlet, 15-amp recep.,
metal box, plate, Type NM cable EA 8.70 33.00 41.70 59.00 1 59.00
Wire 14/2 NM LF 0.18 1.78 1.96 2.86 40 114.40
Circuit Breaker 15-amp, 1-pole EA 4.10 4.10 4.10 1 4.10
Total to Builder 177.50
Total to Consumer 211.05
Reference Houses Addition of standard outlet and dedicated circuit
Unit Unit Cost Quantity Cost
Reference House 1 EA 172.41 1 172.41
Reference House 2 EA 172.41 1 172.41
Reference House 3 EA 172.41 1 172.41
Reference House 4 EA 172.41 1 172.41
Reference Buildings Addition of standard outlet and dedicated circuit
Unit Unit Cost Quantity Cost
Reference Townhouse EA 211.05 1 211.05
December 2019 Home Innovation Research Labs
12 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2014 NEC 210.64 Electrical Service Areas
Summary of the Code Change:
The code change is a new requirement specifying the installation of at least one 125-volt, 15- or 20-
ampere receptacle outlet within 50 feet of electrical service equipment for all buildings other than one-
and two- family dwelling units.
Cost Implication of the Code Change:
This code change will increase the cost of construction for multifamily buildings. The analysis is based on
installing one additional branch circuit with outlet for each electrical service equipment room or area in
a building.
Component Unit Material Labor Total w/O&P Quantity Cost
Circuit breaker, 15-amp, 1-pole EA 1 0.00
Conduit, EMT, 1/2-in. LF 0.80 2.74 3.54 4.96 25 124.00
Wire, #14 THW LF 0.06 0.36 0.42 0.60 75 45.00
Duplex outlet, 15-amp recep., metal
box, plate, EMT & wire EA 30.50 90.00 120.50 168.00 1 168.00
Total to Builder 337.00
Total to Consumer 400.69
Reference Buildings Addition of standard outlet with conduit
Unit Unit Cost Quantity Cost
Reference Building 1 EA 400.69 1 400.69
Reference Building 2 EA 400.69 1 400.69
Reference Building 3 EA 400.69 1 400.69
Reference Building 4 EA 400.69 2 801.38
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 13
Reference Code Section
2017 NEC 210.8(A)(7) Ground-Fault Circuit Interrupter Protection for Personnel, Dwelling Units, Sinks
Summary of the Code Change:
The code change clarifies how to establish the measurement of receptacles from a sink – the 6 ft.
measurement is now made from the top inside edge of the sink bowl instead of the outside edge.
Additionally, language was added under the main section 210.8(A) that this distance be measured as the
shortest path “without piercing a floor, wall, ceiling, or fixed barrier, or passing through a door,
doorway, or window”. This change may be interpreted as not requiring a GFCI protected receptacle for a
food waste grinder within a cabinet beneath the kitchen sink. Note that GFCI protection is still
specifically required for outlets that supply dishwashers installed in dwelling units per 210.8(D).
Cost Implication of the Code Change:
This code change may decrease the cost of construction. The analysis assumes GFCI protection is no
longer required for receptacles serving disposals under the sink for all Reference Houses and Buildings.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15- or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15A EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Houses Removal of GFCI protection in receptacle outlet
Unit Unit Cost Quantity Cost
Reference House 1 EA 15.79 (1) (15.79)
Reference House 2 EA 15.79 (1) (15.79)
Reference House 3 EA 15.79 (1) (15.79)
Reference House 4 EA 15.79 (1) (15.79)
Reference Buildings Removal of GFCI protection in receptacle outlet
Unit Unit Cost Quantity Cost
Reference Building 1 EA 15.79 (25) (394.75)
Reference Building 2 EA 15.79 (36) (568.44)
Reference Building 3 EA 15.79 (48) (757.92)
Reference Building 4 EA 15.79 (167) (2,636.93)
Reference Townhouse EA 15.79 (1) (15.79)
December 2019 Home Innovation Research Labs
14 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2017 NEC 210.11(C)(4) Branch Circuits Required, Dwelling Units, Garage Branch Circuits
Summary of the Code Change:
The code change is a new requirement to install at least one 120-volt 20-ampere branch circuit. This
applies to attached garages and to detached garages supplied with power. The circuit cannot supply
lighting outlets inside or outside of the garage, but an exception permits the circuit to supply readily
accessible outdoor receptacle outlets.
Cost Implication of the Code Change:
This code change will increase the cost of construction for the Reference Houses and Reference
Townhouse as this code change is only applicable for single-family residential houses. The 15-ampere
branch circuit is replaced with a new 20-ampere branch circuit to supply the receptacles in the garage.
Component for Reference Houses Unit Material Labor Total w/O&P Quantity Cost
Wire, 12/2 NM LF 0.24 1.51 1.75 2.73 20 54.60
Circuit Breaker, 20-amp, 1-pole EA 4.10 4.10 4.51 1 4.51
Duplex outlet, 20-amp recep., metal
box, plate, Type NM cable EA 9.85 27.00 36.85 55.00 1 55.00
Wire, 14/2 NM LF 0.18 1.32 1.50 2.36 (20) (47.20)
Circuit Breaker, 15-amp, 1-pole EA 4.10 4.51 (1) (4.51)
Duplex outlet, 15-amp recep., metal
box, plate, Type NM cable EA 8.70 23.00 31.70 46.50 (1) (46.50)
Total to Builder 15.90
Total to Consumer 18.91
Component for Reference Buildings Unit Material Labor Total w/O&P Quantity Cost
Wire, 12/2 NM LF 0.24 1.92 2.16 3.15 20 63.00
Circuit Breaker, 20-amp, 1-pole EA 4.10 4.10 4.51 1 4.51
Duplex outlet, 20-amp recep., metal
box, plate, Type NM cable EA 9.85 39.00 48.85 69.00 1 69.00
Wire, 14/2 NM LF 0.18 1.78 1.96 2.86 (20) (57.20)
Circuit Breaker, 15-amp, 1-pole EA 4.10 4.51 (1) (4.51)
Duplex outlet, 15-amp recep., metal
box, plate, Type NM cable EA 8.70 33.00 41.70 59.00 (1) (59.00)
Total to Builder 15.80
Total to Consumer 18.79
Reference Houses Replacing 15-amp branch circuit with 20-amp branch circuit
Unit Unit Cost Quantity Cost
Reference House 1 EA 18.91 1 18.91
Reference House 2 EA 18.91 1 18.91
Reference House 3 EA 18.91 1 18.91
Reference House 4 EA 18.91 1 18.91
Reference Buildings Replacing 15-amp branch circuit with 20-amp branch circuit
Unit Unit Cost Quantity Cost
Reference Townhouse EA 18.79 1 18.79
Home Innovation Research Labs December 2019
Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 15
Reference Code Section
2020 NEC 210.8(A) Ground-Fault Circuit Interrupter Protection, Dwelling Units
Summary of the Code Change:
The code change will require receptacles serving 250-volt appliances, such as electric ranges and clothes
dryers, to have GFCI protection when located in bathrooms, garages, crawl spaces, basements, laundry
areas, or within 6 feet of sinks, bathtubs, or showers. This section previously applied to 125-volt
appliances only.
Cost Implication of the Code Change:
This code change will increase the cost of construction for dwellings with electric clothes dryers and
dwellings with electric ranges or stoves within 6 feet of the kitchen sink. As the receptacle outlets are
typically not readily accessible, the cost analysis is based on substituting a GFCI circuit breaker for a
standard circuit breaker for typical appliance ratings: 30-amp for electric dryers; 50-amp for electric
ranges. The analysis will assume electric appliances for the Reference Houses and Reference Buildings: a
review of the drawings shows all have applicable dryers except Reference Building 1 (common laundry)
and all have applicable ranges except Reference House 3 (range is more than 6 feet from the sink).
Component Unit Material Labor Total w/O&P Quantity Cost
GFCI 30- or 50-amp 2-pole breaker EA 114.00 114.00 125.40 1 125.40
Standard 30- or 50-amp 2-pole breaker EA 9.75 9.75 10.73 (1) (10.73)
Total to Builder 114.68
Total to Consumer 136.35
Reference Houses GFCI protection for 250-volt receptacles
Unit Unit Cost Quantity Cost
Reference House 1 EA 136.35 2 272.70
Reference House 2 EA 136.35 2 272.70
Reference House 3 EA 136.35 1 136.35
Reference House 4 EA 136.35 2 272.70
Reference Buildings GFCI protection for 250-volt receptacles
Unit Unit Cost Quantity Cost
Reference Building 1 (24 units) EA 136.35 24 3,272.37
Reference Building 2 (36 units) EA 136.35 72 9,817.10
Reference Building 3 (48 units) EA 136.35 96 13,089.46
Reference Building 4 (167 units) EA 136.35 334 45,540.42
Reference Townhouse EA 136.35 2 272.70
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16 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2020 NEC 210.8(A)(5) Ground-Fault Circuit Interrupter Protection, Dwelling Units, Basement Receptacles
Summary of the Code Change:
This code change requires GFCI protection for all receptacles in basements (the exception remains for
receptacles supplying only a fire or burglar alarm). This section previously only applied to unfinished
portions or areas of basements not intended as habitable rooms.
Cost Implication of the Code Change:
This code change will increase the cost of construction for houses with basements where a basement or
portion of a basement is finished. The cost analysis is based on Reference House 3 that shows optional
finished rooms in the basement (see Appendix G). These finished areas are estimated to require four
independent circuits for wall receptacles with each circuit protected by one GFCI receptacle.
Component Unit Material Total w/O&P Quantity Cost
GFCI duplex outlet, 15- or 20-amp EA 13.34 13.34 14.67 1 14.67
Standard duplex outlet, 15A EA 1.06 1.06 1.17 (1) (1.17)
Standard duplex outlet wall plate EA 0.20 0.20 0.22 (1) (0.22)
Total to Builder 13.28
Total to Consumer 15.79
Reference Houses
GFCI protection for basement receptacles
Unit Unit
Cost Quantity Cost
Reference House 3 EA 15.79 4 63.16
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Reference Code Section
2020 NEC 210.8(F) Ground-Fault Circuit Interrupter Protection, Outdoor Outlets for Dwellings
Summary of the Code Change:
This new code section requires GFCI protection for outdoor outlets, single-phase, up to 250-volts and
50-amps, other than those covered in 210.8(A)3 outdoor receptacles. There is an exception for lighting
outlets other than those covered in 210.8(C). This section is applicable to a condensing unit – the
outdoor component of a typical HVAC split system air conditioner or heat pump system.
Cost Implication of the Code Change:
This code change will increase the cost of construction for dwellings with a condensing unit. The analysis
is based on substituting a GFCI circuit breaker for a standard circuit breaker using typical condensing
unit ratings: 30-amp for a 3-ton unit for all Reference Houses and the Reference Townhouse; 15/20-amp
for a 1.5/2-ton unit for Reference Buildings 2, 3, and 4.
Component Unit Material Labor Total w/O&P Quantity Cost
GFCI 30-amp 2-pole breaker EA 114.00 114.00 125.40 1 125.40
Standard 30-amp 2-pole breaker EA 9.75 9.75 10.73 (1) (10.73)
Total to Builder 114.68
Total to Consumer 136.35
Component Unit Material Labor Total w/O&P Quantity Cost
GFCI 15- or 20-amp 2-pole breaker EA 101.45 101.45 111.60 1 111.60
Standard 15- or 20-amp 2-pole
breaker EA 8.68 8.68 9.55 (1) (9.55)
Total to Builder 102.05
Total to Consumer 121.33
Reference Houses GFCI protection for outdoor outlets
Unit Unit Cost Quantity Cost
Reference House 1 EA 136.35 1 136.35
Reference House 2 EA 136.35 1 136.35
Reference House 3 EA 136.35 1 136.35
Reference House 4 EA 136.35 1 136.35
Reference Buildings GFCI protection for outdoor outlets
Unit Unit Cost Quantity Cost
Reference Building 1 (24 units) EA 121.33 0 0.00
Reference Building 2 (36 units) EA 121.33 36 4,368.02
Reference Building 3 (48 units) EA 121.33 48 5,824.03
Reference Building 4 (167 units) EA 121.33 167 20,262.76
Reference Townhouse EA 136.35 1 136.35
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18 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
Reference Code Section
2020 NEC 230.67 Surge Protection, Dwelling Units.
Summary of the Code Change:
This new code section requires a surge-protective device (SPD) for all services supplying dwelling units.
Cost Implication of the Code Change:
This code change will increase the cost of construction. This change applies to all Reference Houses and
each dwelling unit in all Reference Buildings. The cost analysis is based on a Type 2 installation: installing
the SPD on the load side of and adjacent to the main electrical panel.
Component Unit Material Labor Total w/O&P Quantity Cost
Surge-Protective Device EA 97.89 60.00 157.89 197.44 1 197.44
20-amp 2-pole breaker EA 8.68 8.68 9.55 1 9.55
Total to Builder 206.99
Total to Consumer 246.11
Reference Houses Surge Protection
Unit Unit Cost Quantity Cost
Reference House 1 EA 246.11 1 246.11
Reference House 2 EA 246.11 1 246.11
Reference House 3 EA 246.11 1 246.11
Reference House 4 EA 246.11 1 246.11
Reference Buildings Surge Protection
Unit Unit Cost Quantity Cost
Reference Building 1 (24 units) EA 246.11 24 5,906.58
Reference Building 2 (36 units) EA 246.11 36 8,859.87
Reference Building 3 (48 units) EA 246.11 48 11,813.16
Reference Building 4 (167 units) EA 246.11 167 41,099.96
Reference Townhouse EA 246.11 1 246.11
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Reference Code Section
2020 NEC 230.85 Emergency Disconnects, One- and Two-family Dwelling Units.
Summary of the Code Change:
This new code section requires a service disconnecting means that is labeled and installed in a readily
accessible outdoor location for one- and two-family dwelling units. The intent of this change is to allow
firefighters to quickly shut off electrical power before entering a house.
Cost Implication of the Code Change:
This code change will increase the cost of construction for one- and two-family dwellings. The analysis is
based on the estimated cost to substitute a standard outdoor meter socket with a combination meter
socket with integral main breaker. Further, the analysis includes the estimated cost to substitute a main
breaker type indoor load center with a main lug type (no main circuit breaker). The analysis assumes
that the labor to install these items does not change.
Component Unit Material Labor Total w/O&P Quantity Cost
Combination meter socket with integral
200-amp main circuit breaker EA 154.86 154.86 170.35 1 170.35
Standard meter socket EA 60.10 60.10 66.11 (1) (66.11)
Main lug type indoor load center, 200-
amp, 30-space EA 91.99 91.99 101.19 1 101.19
Main breaker type indoor load center,
200-amp, 30-space, with 200-amp main
breaker EA 121.00 121.00 133.10 (1) (133.10)
Total to Builder 72.33
Total to Consumer 85.99
Reference Houses Emergency Disconnect
Unit Unit Cost Quantity Cost
Reference House 1 EA 85.99 1 85.99
Reference House 2 EA 85.99 1 85.99
Reference House 3 EA 85.99 1 85.99
Reference House 4 EA 85.99 1 85.99
Reference Buildings Emergency Disconnect
Unit Unit Cost Quantity Cost
Reference Townhouse EA 85.99 1 85.99
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APPENDIX B: LOCATION ADJUSTMENT FACTORS
State City
Cost
Adjustment
Factor
State City
Cost
Adjustment
Factor
Alabama Birmingham 0.84 Montana Billings 0.87
Alabama Mobile 0.82 Nebraska Omaha 0.90
Alaska Fairbanks 1.24 Nevada Las Vegas 1.02
Arizona Phoenix 0.87 New Hampshire Portsmouth 0.95
Arizona Tucson 0.85 New Jersey Jersey City 1.18
Arkansas Little Rock 0.81 New Mexico Albuquerque 0.83
California Alhambra 1.16 New York Long Island City 1.40
California Los Angeles 1.14 New York Syracuse 0.99
California Riverside 1.14 North Carolina Charlotte 0.94
California Stockton 1.20 North Carolina Greensboro 0.94
Colorado Boulder 0.91 North Carolina Raleigh 0.93
Colorado Colorado Springs 0.86 North Dakota Fargo 0.90
Colorado Denver 0.89 Ohio Columbus 0.91
Connecticut New Haven 1.09 Oklahoma Oklahoma City 0.81
Delaware Dover 1.01 Oklahoma Tulsa 0.82
District of
Columbia Washington, D.C. 0.92 Oregon Bend 1.01
Florida Fort Meyers 0.80 Pennsylvania Norristown 1.09
Florida Miami 0.81 Pennsylvania State College 0.92
Florida Orlando 0.82 Rhode Island Providence 1.08
Florida Tampa 0.80 South Carolina Greenville 0.94
Georgia Atlanta 0.88 South Dakota Sioux Falls 0.87
Hawaii Honolulu 1.22 Tennessee Memphis 0.84
Idaho Boise 0.90 Texas Austin 0.79
Illinois Carbondale 1.00 Texas Dallas 0.83
Indiana Indianapolis 0.93 Texas Houston 0.83
Iowa Des Moines 0.92 Texas San Antonio 0.80
Kansas Wichita 0.81 Utah Ogden 0.82
Kentucky Louisville 0.86 Utah Provo 0.83
Louisiana Baton Rouge 0.85 Utah Salt Lake City 0.84
Maine Portland 0.92 Vermont Burlington 0.93
Maryland Baltimore 0.93 Virginia Fairfax 1.01
Massachusetts Boston 1.18 Virginia Winchester 1.01
Michigan Ann Arbor 0.99 Washington Tacoma 1.03
Minnesota St. Paul 1.07 West Virginia Charleston 0.95
Mississippi Biloxi 0.83 Wisconsin La Crosse 0.97
Missouri Springfield 0.88 Wyoming Casper 0.83
*Source: RSMeans Residential Cost Data 2019. Sample cities are listed in this table; check RSMeans for additional locations.
December 2019 Home Innovation Research Labs
22 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
APPENDIX C: REFERENCE HOUSES
Reference House Characteristics
The four residential building designs used in this analysis are based on the data contained in the Census
Bureau report, Characteristics of New Single-Family Construction Completed4. The report provides
information about building foundation type and number of stories for new single-family detached
construction over the previous nine-year period.
Table C-1. New Construction Foundation Types
Slab 54%
Crawlspace 17%
Basement 30%
Table C-2. New Construction Number of Stories
One-story 53%
Two-story 43%
Three-story 3%
The Census data supports defining the four reference houses as follows to encompass approximately 85%
of the last decade’s new single-family construction:
• One-story on slab foundation
• Two-story on slab foundation
• One-story on basement foundation
• Two-story on basement foundation
The table below covers the locations where each type of reference house foundation would be
pragmatically constructed. All these selected cities, except Chicago, lie within the top ten states for
construction starts in 2013.5 Chicago was selected to represent a Climate Zone 5 house.
Table C-3. Sites for Reference Houses
Reference House Climate
Zone 1 2 3 4
Foundation Slab Slab Basement Basement
Miami 1 X X
Los Angeles 3 X X X*
Dallas 3 X X X*
Seattle 4 X X X X
New York 4 X X X X
Chicago 5 X X
Fairbanks 8 X X
4 www.census.gov/construction/chars/completed.html
5 www.census.gov/construction/bps/pdf/2013statepiechart.pdf
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Based on the data compiled by Home Innovation from the 2013 Builder Practices Survey (BPS)6, a
nationwide annual survey, the typical Heating, Ventilation, and Cooling (HVAC) systems used in new
houses are summarized in the table below. According to the BPS, 44% of new homes are cooled with a
central air conditioner. These results influenced the selection of a gas furnace with central (electric) air
conditioner as the HVAC system in each of the reference houses.
Table C-4. Typical HVAC Systems Supplied with New Houses
Feature % of Stock
Furnace or Boiler, natural gas or propane 48%
Central Air Conditioner, electric 44%
Standard Heat Pump with Backup Heat 41%
Geothermal Heat Pump 4%
Electric furnace, baseboard, or radiant 4%
Furnace or Boiler, oil 2%
Reference Houses Defined
The statistics presented in the foregoing tables support defining the features of the Reference Houses as
detailed in the table below.
Table C-5. Features of the Reference Houses
Reference House 1 2 3 4
Square Feet 2,607 2,607 2,607 2,607
Foundation Slab Slab Basement Basement
Number of Stories 1 2 1 2
Number of Bedrooms 3 4 3 4
Number of Bathrooms 2 2.5 2 3
Garage, attached 2-car 2-car 2-car 2-car
Heat, Gas Furnace Yes Yes Yes Yes
Cooling, (Electric) central air Yes Yes Yes Yes
Hot Water, Gas 50-gallon tank Yes Yes Yes Yes
9 ft. Ceilings, 1st Yes Yes Yes Yes
8 ft. Ceilings, 2nd n/a n/a Yes Yes
Energy Star appliances Yes Yes Yes Yes
Laundry Room/Closet Yes Yes Yes Yes
Walls, 2x4 (Climate Zones 1 & 2) Yes Yes n/a n/a
Walls, 2x6 (Climate Zones 3 thru 8) n/a n/a Yes Yes
Bsmt., Conditioned, Unfinished n/a n/a Yes Yes
Furnace Location Attic Attic Basement Basement
Water Heater Location Interior Garage Basement Basement
Window SF/% gross wall 360/18% 315/12% 360/18% 330/12%
Cladding Brick, 4 sides Brick, 4 sides Brick, 4 sides Stucco
Roof Pitch 12/12 6/12 9/12 4/12
The furnace location has been designated as a platform in the attic for both slab reference houses, a
common practice in mild climates; furnace would be located within conditioned space for cold climates.
6 www.homeinnovation.com/trends_and_reports/data/new_construction
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24 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
APPENDIX D: REFERENCE BUILDINGS
Reference Building Characteristics
The five multifamily building designs used in this analysis were selected based on data contained in the
Census Bureau report, Characteristics of New Multifamily Buildings Completed 7 and a tabulation
provided by Home Innovation of multifamily buildings certified to the National Green Building Standard.
The Census Bureau report provides information as to the number of stories and number of dwelling
units in multifamily new construction.
Table D-1. New Construction Number of Stories
One- and two-story 38%
Three story 43%
Four-story or more 19%
Table D-2. New Construction Number of Units
2 – 9 43%
10 – 49 48%
50 or more 9%
Using the Census Bureau and Home Innovation data, five reference buildings were selected as follows:
• Two-story apartment building with 24 units
• Three-story “garden-style” building (non-enclosed shared stairways, no elevators) and 36 units
• Four-story enclosed building on grade with 48 units and communal spaces (amenities)
• Four-story enclosed building with 167 units on top of a one-story podium
• Four-story townhouse with three bedrooms and a garage
7 www.census.gov/construction/chars/mfb.html
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Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes 25
Reference Buildings Defined
The statistics presented in the foregoing tables support defining the features of the Reference Buildings
as detailed in the table below.
Table D-3. New Construction Number of Units
Reference Building 1 2 3 4 T.H.
Approx. Total Size 19,500 SF 43,150 SF 44,500 SF 462,600 SF 2,500 SF
Approx. Footprint 60' x 162' 62' x 263' 57'x175' 186'x348' 16'x37'
Foundation Crawlspace Slab on grade Slab on grade Basement
(garage) Slab on grade
Number of Stories 2 3 4 5 4
Number of Units 24 36 48 + shared 167 1
Large Projections None Wood-framed
balconies None Bolt-on
balconies Deck
Elevators 1 0 2 2 0
Stairways 3 6 2 2 1
Type/Location Enclosed Open Enclosed Enclosed In-Unit
Parking Surface Lot Surface Lot Surface Lot Enclosed public
parking garage Private garage
Sprinklers Yes Yes Yes Yes
HVAC Building boiler +
in-unit radiators
Split system air
cond. (outdoor
condenser + in-
unit air handler)
Split system
heat pump (roof
condenser + in-
unit air handler)
Split system
heat pump (roof
condenser + in-
unit air handler)
Outdoor
condenser +
indoor furnace
Laundry Communal In unit In unit In unit In unit
1st Floor Ceiling 9 ft 9 ft 10 ft 13 ft 11 ft
2nd Floor Ceiling 8ft 9 ft 10 ft 11 ft 10 ft
3rd Floor Ceiling N/A 9 ft 10 ft 11 ft 10 ft
4th Floor Ceiling N/A N/A 10 ft 11 ft 10 ft
5th Floor Ceiling N/A N/A N/A 10 ft N/A
Attic Height 12 ft 12 ft 12 ft N/A N/A
Building Height 29 ft 39 ft 52 ft 56 ft 41 ft
Roof Slope 5/12 pitch 7/12 pitch 8/12 pitch ¼"/foot slope ¼" foot slope
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APPENDIX E: REFERENCE HOUSE 1
One-Story House with Slab Foundation
Courtesy: LionsGate Homes at The Creekside
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APPENDIX F: REFERENCE HOUSE 2
Two-Story House with Slab Foundation
Courtesy: Meritage Homes at Riverstone
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28 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
APPENDIX G: REFERENCE HOUSE 3
One-Story House with Basement Foundation
Courtesy: K Hovnanian Four Seasons at New Kent Vineyards
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APPENDIX H: REFERENCE HOUSE 4
Two-Story House with Basement Foundation
Courtesy: Lennar at Sorento Estates
December 2019 Home Innovation Research Labs
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APPENDIX I: REFERENCE BUILDING 1
Two-Story Apartment Building, 24 Units
[ELEVATION]
[FIRST FLOOR PLAN]
[SECOND FLOOR PLAN]
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APPENDIX J: REFERENCE BUILDING 2
Three-Story Garden Style Building, 36 Units
[ELEVATION]
[FIRST FLOOR PLAN]
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32 Estimated Costs of the 2014, 2017, and 2020 NEC Code Changes
APPENDIX K: REFERENCE BUILDING 3
Four-Story Building on Grade, 48 Units & Common Areas
[ELEVATION]
[PARTIAL FIRST FLOOR PLAN]
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APPENDIX L: REFERENCE BUILDING 4
Five-Story Building on Two-Story Podium, 167 Units
[ELEVATION]
[FIRST FLOOR PLAN]
[GARAGE PLAN]
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APPENDIX M: REFERENCE TOWNHOUSE
Four-Story Townhouse
[ELEVATION]
[FLOOR PLANS]
-1-
ORDINANCE NO. 114, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2020 NATIONAL ELECTRICAL CODE STANDARDS
WHEREAS, on March 1, 1994, City Council adopted the 1993 National Electrical Code
in Ordinance No. 25, 1994; and
WHEREAS, the Colorado Department of Regulatory Agencies (“DORA”) adopted the
updated National Fire Protection Association standard number 70, hereinafter known as the
National Electrical Code, 2020 Edition (the “2020 NEC”), effective August 1, 2020; and
WHEREAS, the 2020 NEC was adopted by DORA as the minimum standards governing
the “planning, laying out, and installing or the making of additions, alterations, and repairs in the
installation of wiring apparatus and equipment for electrical light, heat, and power,” in the State
of Colorado; and
WHEREAS, on August 20, 2019, City Council adopted the International Residential
Code (“IRC”) through Ordinance No. 095, 2019, which included reference to electrical
standards; and
WHEREAS, the electrical standards in the current IRC are not recognized by DORA; and
WHEREAS, City Council wishes to remove most of the IRC electrical standards from the
City Code; and
WHEREAS, City Council wishes to retain City Code provisions regarding Electrical
Vehicle Ready and Photovoltaic Ready standards currently included in the IRC electrical
standards being deleted by this Ordinance by relocating them to other subsections of Section 5-
30 of the Code of the City of Fort Collins (which adopts local amendments to the IRC); and
WHEREAS, Section 5-30 of the City Code governs amendments to the City’s adopted
IRC and is the place to which the provisions regarding the electrical Vehicle Ready and
Photovoltaic Ready standards will be relocated; and
WHEREAS, pursuant to the City Charter II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before adoption of
such ordinance the Council hold a public hearing thereon and that notice of the hearing is
published twice in a newspaper of general circulation published in the City, with one of such
publications occurring at least eight (8) days preceding the hearing and the other publication
occurring at least fifteen (15) days preceding the hearing, which notices have been published as
required; and
WHEREAS, the City Council finds it in the best interests of the residents of Fort Collins
and is necessary for the public’s health, safety and welfare to update the Fort Collins City Code
from the 1993 NEC standards to the updated 2020 NEC standards as amended.
-2-
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 5-30 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subparagraph (36) which reads in its entirety as follows and all
subsequent subparagraphs renumbered accordingly:
(36) R324.1.1 Photovoltaic Ready. All new single family dwellings shall be provided
with an empty metallic conduit of 3/4 inch (19.05 mm) minimum, installed from the
dwellings attic space beneath the roof which most likely would support the majority of
installed photovoltaic system, to a junction box located within 12 inches of the dwellings
electrical meter or connected directly to the dwellings electrical panel board.
Section 3. That Section 5-30 of the Code of the City of Fort Colins is hereby
amended by the addition of a new subparagraph (41) which reads in its entirety as follows and all
subsequent subparagraph are hereby renumbered accordingly:
(41) A new Section R332 Electric Vehicle Ready is hereby added to read as follows:
SECTION R332
Electrical Vehicle Ready
R332.1 General. All new single family dwellings with an attached garage or carport shall
be provided with an empty conduit of 3/4 inch (12.7 mm) minimum, installed from the
dwellings electrical panel board to a junction box in readily accessible location in the
garage or carport, capable of supporting a 50 ampere 220 volt outlet.
Section 4. That Section 5-30, subparagraph (93) of the Code of the City of Fort
Collins is hereby amended to read as follows:
(93) A new Section E3401.5 Electrical Vehicle Ready is hereby added to read as
follows:
Section E3401.5 Electrical Vehicle Ready. All new single family dwellings with an
attached garage or carport shall be provided with an empty conduit ¾ inch minimum,
installed from the dwellings electrical panel board to a junction box in readily accessible
location in the garage or carport, capable of supporting a 50 ampere 220 volt outlet. Part
VIII - Electrical is hereby deleted in its entirety. All electric work shall be done in
accordance with Section 5-80 of this Code.
Section 5. That Section 5-30 of the Code of the City of Fort Collins is hereby
amended by the deletion of subparagraph (94) in its entirety and all remaining subparagraphs
renumbered accordingly:
-3-
(94) A new Section E3401.6 Photovoltaic Ready is hereby added to read as follows:
Section E3401.6 Photovoltaic Ready. All new single family dwellings shall be provided
with an empty metallic conduit of ¾ inch (19.05 mm) minimum, installed from
the dwellings attic space beneath the roof which most likely would support the majority
of installed photovoltaic system, to a junction box located within 12 inches of
the dwellings electrical meter or connected directly to the dwellings electrical panel
board.
Section 6. That Article III, Electric Standards, contained in Chapter 5 of the Code of
the City of Fort Collins, is hereby amended to read in full as follows:
ARTICLE III. - ELECTRICAL STANDARDS*
Sec. 5-80. Adoption of standards.
Pursuant to the power and authority conferred on the City Council by Section 31-16-202, C.R.S.,
and Article II, Section 7 of the Charter, there is hereby adopted for the protection of the public
health and safety, and for the purpose of regulating the installation, alteration, repair of electrical
systems and wiring methods in the City, as the electrical code of the City, by reference thereto,
the National Electrical Code, 1993 Edition, published by the National Fire Protection
Association, and the Uniform Administrative Code Provisions for the National Electrical Code,
1993 Edition, published by the International Conference of Building Officials, all to have the
same force and effect as if set forth herein in every particular.
Pursuant to the power and authority conferred on the City Council by Section 31-16-202, C.R.S.,
and Article II, Section 7 of the Charter, there is hereby adopted by reference the National
Electrical Code, 2020 Edition, as promulgated by the National Fire Protection Association, to
have the same force and effect as if fully set forth in this Code in every particular, and its
provisions shall be controlling within the City, as amended in Code § 5-82, for the protection of
the public health and safety, and for the purpose of regulating electrical wiring methods and
regulating the installation, alteration and repair of electrical systems in the City
Sec. 5-81. Short title.
The code adopted herein as amended by this Article, together with §§ 5-81 through 5-88 of the
Code, may be known and cited as the City of Fort Collins Electrical Code.
The National Electric Code adopted in Code § 5-80 and as amended by Code § 5-82, together
with this § 5-81, may be known and cited as the City of Fort Collins Electrical Code.
Sec. 5-82. Amendments to code adopted.
The Uniform Administrative Code Provisions for the National Electrical Code, 1993 Edition, is
hereby amended and changed in the following respects:
-4-
The National Electrical Code, 2020 Edition, adopted in Code § 5-80, is hereby amended in the
following respects:
(1) Section 203 is amended to read as follows:
Sec. 203 Whenever the Administrative Authority disapproves an application or refuses to
grant a permit applied for or it is claimed that the provisions of the National Electrical
Code do not apply or that the true intent and meaning of the code has been misconstrued
or wrongly interpreted, the applicant or party in interest may appeal such decision to the
State Electrical Board as provided for in Section 12-23-104(g), C.R.S.
(2) Section 304(a) is amended to read as follows:
The fee for each permit shall be based on the value of the work regulated herein, as set
forth in 'Table No. 3-A, Building Permit Fees,' of the Building Code of the City of Fort
Collins, except that such fee shall not be less than fifteen dollars ($15.) nor exceed the
amount prescribed by Section 12-23-117, C.R.S.
(1) Section 90.4.1. Permit Required. Any owner, owner’s authorized agent or contractor
who desires to construct, enlarge, alter, repair, move, demolish or change the occupancy
of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or
replace any electrical system, the installation of which is regulated by this code, or to
cause any such work to be performed, shall first make application to the code official and
obtain the required permit for the work.
(2) Section 90.4.2. Appeals. Whenever the Administrative Authority disapproves an
application or refuses to grant a permit applied for or it is claimed that the provisions of
the National Electrical Code do not apply or that the true intent and meaning of the code
has been misconstrued or wrongly interpreted, the applicant or party in interest may
appeal such decision to the Building Review Board as provided for in Section 5-27(15) of
the City Code.
(3) Section 90.4.3. Fees. The fee for each permit shall be based on the value of the work
regulated herein, as set forth in 'Table No. 3-A, Building Permit Fees,' of the Building
Code of the City of Fort Collins, except that such fee shall not be less than fifteen dollars
($15.) nor exceed the amount prescribed by Section 12-115-121, C.R.S.
(4) Section 90.4.4. Violation and penalties. It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use or maintain an electrical system or equipment or cause or permit the
same to be done in violation of this Code. Any person, firm or corporation violating any
of the provisions of this Code shall be deemed guilty of a civil infraction and subject to
the penalties set forth in Section 1-15 of the City Code.
(5) Section 600.1.1. Use of approved materials; electric signs. Where the use of approved
materials, equipment or devices is required by the National Electrical Code, adopted in §
5-80, the label of or listing by the Underwriters' Laboratories, Inc., will be accepted as an
approval. Alternate materials may be approved by the Building Official. All electrical
-5-
signs shall be approved before any permit for the installation or erection of such sign is
granted.
Sec. 5-83. Use of approved materials; electrical signs.
Where the use of approved materials, equipment or devices is required by the National Electrical
Code, adopted in § 5-80, the label of or listing by the Underwriters' Laboratories, Inc., will be
accepted as an approval. Alternate materials may be approved by the Building Official. All
electrical signs shall be approved before any permit for the installation or erection of such sign is
granted.
Sec. 5-84. Violations and penalties.
Section 204 of the Uniform Administrative Code Provisions for the National Electrical Code,
1993 Edition, is amended to read as follows:
Sec. 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert or demolish, equip, use or maintain an
electrical system or equipment or cause or permit the same to be done in violation of this
Code. Any person, firm or corporation violating any of the provisions of this Code shall be
deemed guilty of a misdemeanor and subject to the penalties set forth in Section 1-15 of the
City Code.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2020, and to be presented for final passage on the 6th day of October, A.D.
2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Judy Schmidt, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 115, 2020, Amending the Zoning Map of the City of Fort
Collins and Amending Ordinance No. 177, 2017, by Changing the Zoning Classification for Property Known as
the Spring Creek Rezoning REZ170001 – Correction of Map Errors.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064.
The purpose of this item is to make minor corrections to the legal description for a previously approved
rezoning. On January 2, 2018, Council approved a rezoning ordinance for the Spring Creek Rezone with six
conditions, following a recommendation of approval from the Planning and Zoning Board. In 2019, staff
discovered errors in the legal description related to this rezoning action. The revised Ordinance and
attachments correct the errors that have been identified. The City of Fort Collins is the applicant for this item.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This request was initiated by City staff to make minor corrections to the legal description and zoning map for a
previously approved rezoning. Following initial Council approval of the rezoning, technical errors were
discovered by staff, and Council action is required to correct the errors.
The rezoning of this property has already been approved by Council’s adoption of Ordinance No. 177, 2017 on
January 2, 2018. The proposed corrections to the legal description and zoning map fully comply with the intent
of the rezoning action that occurred in 2018, and the previous analysis and findings related to the rezoning
request remain valid for the current request. The changes to the legal description and zoning map are
technical in nature and seek to accurately codify Council’s prior action.
ORIGINAL APPROVAL
The original rezoning resulted in adjustments to the location, size and boundary of two zo ne districts within a
19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street. The Neighborhood
Commercial (N-C) zone was shifted south and reduced by 2.88 acres, while the Medium Density Mixed-Use
Neighborhood (M-M-N) zone was shifted north and increased by 2.88 acres. As approved, the N-C zone was
reduced to 6.42 acres and the M-M-N zone was enlarged to 13.13 acres.
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Packet Pg. 169
Agenda Item 8
Item # 8 Page 2
On January 2, 2018, Council approved the Spring Creek Rezone with the following six conditions:
1. Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this Rezoning, shall include
two-family dwellings along the entire eastern perimeter, forming a buffer and transition between any multi-
family buildings and houses in the adjoining neighborhoods, as generally indicated on the applicant's
Concept Plan (attached hereto as Exhibit A) with exceptions made for stormwater facilities, private parks,
landscaping and walkways.
2. Multi-family development on the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this Rezoning,
shall not contain any dwelling units that feature a rent-by-the-bedroom leasing model.
3. Development of the M-M-N zone district parcel, as adjusted and enlarged to 13.13 acres by this Rezoning,
shall be limited to residential permitted uses and accessory uses only.
4. The maximum number of multi-family dwelling units in the M-M-N zone district parcel shall be 365.
5. The maximum allowable building height of the two-family dwellings in both zone district parcels shall be
two stories.
6. Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres by this Rezoning, shall
be limited to the primary and supporting uses as envisioned by Principle LIV 36.1 of City Plan and Section
4.23(8) of the Land Use Code, and that residential permitted uses shall be limited to Accessory Uses, Two-
Family Dwellings and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use Code.
A Concept Plan was submitted to the City alongside the initial rezoning request, which helped to inform all
interested parties of the development potential of the parcel, based on the adjusted zone districts. This
Concept Plan informed the staff recommendation and the six conditions of approval. However, it did not
constitute a formal development plan application. No formal development plans have been submitted to the
City since the rezoning was approved. Staff is aware of development interest in the property and may receive
a formal submittal in 2020 or 2021.
REVIEW CRITERIA FOR REZONING ACTIONS
Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (quasi-judicial
versus legislative) shall be recommended for approval by the Planning and Zoning Board or approved by
Council only if the proposed amendment is:
• Consistent with the City’s Comprehensive Plan; and/or
• Warranted by changed conditions within the neighborhood surrounding and including the subject property.
Additional considerations for rezoning parcels less than 640 acres (quasi-judicial):
• Whether and the extent to which the proposed amendment is compatible with existing and proposed uses
surrounding the subject land and is the appropriate zone district for the land;
• Whether and the extent to which the proposed amendment would result in significantly adverse impacts on
the natural environment; and
• Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
The staff report from the November 16, 2017 Planning and Zoning Board hearing provides an in-depth analysis
and findings related to:
• Consistency of the rezoning with City Plan and the West Central Area Plan;
• Changed conditions within and surrounding the rezoned property;
• Compatibility with existing and proposed uses surrounding the subject property;
• Suitability of the proposed zone districts for the subject property;
• Whether and the extent to which the proposed rezoning would result in significant adverse impacts to the
natural environment; and
• Whether and the extent to which the proposed rezoning would result in a logical and orderly development
pattern.
8
Packet Pg. 170
Agenda Item 8
Item # 8 Page 3
This 2017 staff report concluded that these criteria for rezoning were met, Council agreed and adopted
Ordinance No. 177, 2017, and this rezoning to correct errors in the legal description of the zoned parcels
remains consistent with these criteria.
The following links are provided as additional background information on the initial Council approval of the
Spring Creek Rezone:
• Original Staff Report for Rezoning - Planning and Zoning Board (November 16, 2017):
fcgov.com/cityclerk/planning-zoning
• Agenda Item Summary for City Council First Reading (December 19, 2017) and Second Reading (January
2, 2018): fcgov.com/cityclerk/agendas
BOARD / COMMISSION RECOMMENDATION
This item received unanimous recommendation of approval from the Planning and Zoning Board (5-0) at the
August 20, 2020, hearing.
PUBLIC OUTREACH
No comments have been received related to this item. Any communication received prior to the Council
hearing will be forwarded to Council for consideration. All requirements for public notice have been satisfied,
as follows:
• Sign Posting: March 16, 2020, Sign #538
• Written Hearing Notice: Initial notice mailed March 12, 2020, with additional notices sent each time the
hearing was cancelled or rescheduled. Notice for the August 20 Planning and Zoning Board hearing and
September 15 City Council hearing was mailed August 6, 2020. Notices were mailed to 478 addresses.
• Published Hearing Notice (Coloradoan): August 23, 2020
ATTACHMENTS
1. Revised Map and Legal Description (PDF)
2. Planning & Zoning Board Staff Report (PDF)
3. Powerpoint Presentation (PDF)
8
Packet Pg. 171
HOBBIT STREET(NOT CONSTRUCTED)SOUTH SHIELDS STREETWALLENBERG DRIVE
S89°40'59"E 647.89'S00°19'01"W 284.42'N89°40'59"W 647.89'N00°19'01"E 284.42'S00°19'01"W713.81'WEST LINE OF THENORTHWEST QUARTERSECTION 23-7-69BASIS OF BEARINGSPARCEL 2PROPOSED ZONING - NC279,656 sq. ft.6.420 ac.PARCEL 1PROPOSED ZONING - MMN571,975 sq. ft.13.131 ac.WEST STUART STREETS89°21'59"E50.00'S66°20'56"W 227.30'S68°21'24"W 94.78'S44°26'15"W 213.35'S59°17'14"W 104.96'N00°19'01"E 407.00'Delta= 90°19'00"R=25.00' L=39.41'Dir= N45°28'31"EChord= 35.45'S89°21'59"E 456.98'Delta= 25°59'21"R=267.00' L=121.11'Dir= N77°38'20"EChord= 120.07'S89°21'59"E 435.72'Delta= 13°05'59"R=518.12' L=118.46'Dir= S84°06'19"WChord= 118.20'S10°06'09"E 153.80'Delta= 24°24'52"R=664.52' L=283.16'Dir= S22°22'22"EChord= 281.02'S55°47'39"W 20.96'S07°14'10"E 409.86'S05°39'23"E103.47'N52°49'40"W 174.60'N22°53'52"W 9.39'N72°41'45"W 13.65'N52°45'08"W 71.61'Delta= 35°29'52"R=400.00' L=247.82'Dir= N78°45'38"WChord= 243.88'N00°19'01"E 650.61'Delta= 16°57'53"R=400.00' L=118.44'Dir= S75°00'30"WChord= 118.00'S66°20'56"W 227.30'N00°19'01"E 1057.61'Delta= 52°27'45"R=400.00' L=366.26'Dir= N87°14'34"WChord= 353.60'POINT OF BEGINNINGTOTAL BOUNDARY ANDPARCEL 1POINT OFBEGINNINGPARCEL 2W 1/4 S23-T7N-R69WFND 2 1/2" ALUM. CAPNW COR S23-T7N-R69WFND 3.25" ALUM. CAPPROSPECT ROADSHIELDS STREETLAKE STREETPITKIN STREETSTUART STREETHOBBIT ST.SHEELY DR.HILL POND RD.EXISTING ZONING:MMN - MEDIUMDENSITYMIXED USENEIGHBORHOODEXISTING ZONING:MMN - MEDIUM DENSITYMIXED USE NEIGHBORHOODEXISTING ZONING:NC - NEIGHBORHOOD COMMERCIAL(HATCHED AREA)EXISTING ZONING:NC - NEIGHBORHOOD COMMERCIAL(HATCHED AREA)NOTICE:According to Colorado law you must commence any legal action basedupon any defect in this survey within three years after you discover suchdefect. In no event may any action based upon any defect in this surveybe commenced more than ten years after the date of the certificate shownhereon.301 North Howes Street, Suite 100Fort Collins, Colorado 80521EHTRONRNPHONE: 970.221.4158www.northernengineering.comA TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADOREZONING MAP1DESCRIPTION OF TOTAL BOUNDARY:A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being moreparticularly described as follows:Considering the West line of the Northwest Quarter of Section 23, T7N, R69W as bearing South 00° 19' 01" West and with all bearings contained herein relative thereto:Commencing at the Northwest corner of Section 23; thence along the West line of the Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81 feet; thence, South 89° 21' 59" East, 50.00feet to the POINT OF BEGINNING; thence along a curve concave to the southeast having a central angle of 90° 19' 00" with a radius of 25.00 feet, an arc length of 39.41 feet and the chord ofwhich bears North 45° 28' 31" East, 35.45 feet; thence, South 89° 21' 59" East, 456.98 feet; thence along a curve concave to the northwest having a central angle of 25° 59' 21" with a radius of267.00 feet, an arc length of 121.11 feet and the chord of which bears North 77° 38' 20" East, 120.07 feet; thence, South 89° 21' 59" East, 435.72 feet; thence along a curve concave to the southhaving a central angle of 13° 05' 59" with a radius of 518.12 feet, an arc length of 118.46 feet and the chord of which bears South 84° 06' 19" West, 118.20 feet; thence, South 10° 06' 09" East,153.80 feet; thence along a curve concave to the east having a central angle of 24° 24' 52" with a radius of 664.52 feet, an arc length of 283.16 feet and the chord of which bears South 22° 22' 22"East, 281.02 feet; thence, South 55° 47' 39" West, 20.96 feet; thence, South 07° 14' 10" East, 409.86 feet;thence, South 05° 39' 23" East, 103.47 feet; thence, North 52° 49' 40" West, 174.60 feet;thence, North 22° 53' 52" West, 9.39 feet; thence, North 72° 41' 45" West, 13.65 feet; thence, North 52° 45' 08" West, 71.61 feet; thence along a curve concave to the south having a central angle of52° 27' 45" with a radius of 400.00 feet, an arc length of 366.26 feet and the chord of which bears North 87° 14' 34" West, 353.60 feet; thence, South 66° 20' 56" West, 227.30 feet; thence, South68° 21' 24" West, 94.78 feet; thence South 44° 26' 15" West, 213.35 feet; thence, South 59° 17' 14" West, 104.96 feet; thence, North 00° 19' 01" East, 1057.61 feet to the Point of Beginning,containing 851,631 square feet or 19.551 acres more or less.DESCRIPTION OF REZONING AREA TO MMN - PARCEL 1:A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being moreparticularly described as follows:Considering the West line of the Northwest Quarter of Section 23, T7N, R69W as bearing South 00° 19' 01" West and with all bearings contained herein relative thereto:Commencing at the Northwest corner of Section 23; thence along the West line of the Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81 feet; thence, South 89° 21' 59" East, 50.00feet to the POINT OF BEGINNING; thence along a curve concave to the southeast having a central angle of 90° 19' 00" with a radius of 25.00 feet, an arc length of 39.41 feet and the chord ofwhich bears North 45° 28' 31" East, 35.45 feet; thence, South 89° 21' 59" East, 456.98 feet; thence along a curve concave to the northwest having a central angle of 25° 59' 21" with a radius of267.00 feet, an arc length of 121.11 feet and the chord of which bears North 77° 38' 20" East, 120.07 feet; thence, South 89° 21' 59" East, 435.72 feet; thence along a curve concave to the southhaving a central angle of 13° 05' 59" with a radius of 518.12 feet, an arc length of 118.46 feet and the chord of which bears South 84° 06' 19" West, 118.20 feet; thence, South 10° 06' 09" East,153.80 feet; thence along a curve concave to the east having a central angle of 24° 24' 52" with a radius of 664.52 feet, an arc length of 283.16 feet and the chord of which bears South 22° 22' 22"East, 281.02 feet; thence, South 55° 47' 39" West, 20.96 feet; thence, South 07° 14' 10" East, 409.86 feet;thence, South 05° 39' 23" East, 103.47 feet; thence, North 52° 49' 40" West, 174.60 feet;thence, North 22° 53' 52" West, 9.39 feet; thence, North 72° 41' 45" West, 13.65 feet; thence, North 52° 45' 08" West, 71.61 feet; thence along a curve concave to the south having a central angle of35° 29' 52" with a radius of 400.00 feet, an arc length of 247.82 feet and the chord of which bears North 78° 45' 38" West, 243.88 feet; thence, North 00° 19' 01" East, 284.42 feet; thence, North 89°40' 59" West, 647.89 feet; thence, North 00° 19' 01" East, 407.00 feet to the Point of Beginning, containing 571,975 square feet or 13.131 acres more or less.DESCRIPTION OF REZONING AREAS TO NC - PARCEL 2A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being moreparticularly described as follows:Considering the West line of the Northwest Quarter of Section 23, T7N, R69W as bearing South 00° 19' 01" West and with all bearings contained herein relative thereto:Commencing at the Northwest corner of Section 23; thence along the West line of the Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81 feet; thence, South 89° 21' 59" East, 50.00feet; thence, South 00° 19' 01" West, 407.00 feet to the POINT OF BEGINNING; thence, South 89° 40' 59" East, 647.89 feet; thence, South 00° 19' 01" West, 284.42 feet; thence along a curveconcave to the south having a central angle of 16° 57' 53" with a radius of 400.00 feet, an arc length of 118.44 feet and the chord of which bears South 75° 00' 30" West, 118.00 feet; thence, South66° 20' 56" West, 227.30 feet; thence, South 68° 21' 24" West, 94.78 feet; thence South 44° 26' 15" West, 213.35 feet; thence, South 59° 17' 14" West, 104.96 feet; thence, North 00° 19' 01" East,650.61 feet to the Point of Beginning, containing 279,656 square feet or 6.420 acres more or less.PROPOSED REZONING BOUNDARYPROPERTY BOUNDARYNORTHSECTION LINESECTION CORNERSITEVICINITY MAPNORTHNORTHNOTE:The existing West Stuart Street (not constructed) Right-of-Way shown hereon will be vacated via City Council Ordinance in conjunction with future development plans. Public and/or PrivateStreets, Street-Like Private Drives, or equivalent means of dedicated ingress and egress will also be provided with future development plans and subdivision plat(s).2-24-20S:\Survey Jobs\838-016\Dwg\Rezone\838-016 Rezoning Map 80 scale.dwg, 3/3/2020 2:17:34 PM, 1:1ATTACHMENT 18.1Packet Pg. 172Attachment: Revised Map and Legal Description (9417 : Spring Creek Rezoning)
Development Review Staff Report Agenda Item 2
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Planning & Zoning Board Hearing: August 20, 2020
REZ170001, Spring Creek Rezone – Correction of Map Errors
Summary of Request
The purpose of this item is to make minor corrections to the legal
description and map for a previously approved rezoning. On January
2, 2018, City Council approved a rezoning for the Spring Creek
Rezone with six conditions, following a recommendation of approval
from the Planning & Zoning Board. In 2019, staff discovered errors
in the legal description and zoning map related to this rezoning
action. The revised ordinance and attachments correct the errors
that have been identified. The City of Fort Collins is the applicant for
this item.
Zoning Map (ctrl + click map to follow link)
Next Steps
Following a recommendation from the Planning and Zoning Board,
Staff will present the changes to the zoning ordinance to City
Council for consideration.
Site Location
Located at the northeast corner of West Stuart
Street and Shields Street.
Zoning
Medium Density Mixed Use Neighborhood
(MMN) / Neighborhood Commercial (NC)
Property Owner
North Spring Creek Properties LLC
416 W Oak St
Fort Collins, CO 80521
Applicant/Representative
City of Fort Collins
281 N College Ave
Fort Collins, CO 80524
Staff
Rebecca Everette, Development Review
Manager
Contents
1.Project Introduction .................................... 2
2.Public Outreach ......................................... 3
3.Article 2 – Applicable Standards ................ 3
4.Article 3 - Applicable Standards ................. 5
5.Article 4 – Applicable Standards: ............... 5
6.Findings of Fact/Conclusion ...................... 5
7. Recommendation ....................................... 5
8. Attachments ............................................... 5
Staff Recommendation
Recommendation of Approval to City Council
SITE
SHEELY
ADDITION
PROSPECT RD SHIELDS ST W STUART ST
ATTACHMENT 2 8.2
Packet Pg. 173 Attachment: Planning & Zoning Board Staff Report (9417 : Spring Creek Rezoning)
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 2 of 3
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1. Project Introduction
A. PROJECT DESCRIPTION
• This is a request initiated by the City of Fort Collins to make minor corrections to the legal description and
zoning map for a previously approved rezoning. Following City Council approval of the rezoning, technical
errors were discovered by staff. City Council action is required to correct the errors.
• The original rezoning request resulted in adjustments to the location, size and boundary between two
zone districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit
Street. The Neighborhood Commercial (N-C) zone was shifted south and reduced by 2.88 acres, while
the Medium Density Mixed-Use Neighborhood (M-M-N) zone was shifted north and increased by 2.88
acres. As approved, the N-C zone was reduced to 6.42 acres and the M-M-N zone was enlarged to 13.13
acres. The original staff reports for the Planning and Zoning Board and City Council are attached for
reference.
• A Concept Plan was submitted to the City alongside the rezoning request that helped to inform all
interested parties as to the development potential of the parcel, based on the adjusted zone districts. This
Concept Plan informed the staff recommendation and the six conditions of approval. However, it did not
constitute a formal development plan application.
• No formal development plans have been submitted to the City since the rezoning was approved.
However, City staff is aware of development interest in the property and may receive a formal submittal in
2020. Therefore, time is of the essence to correct errors in the legal description and zoning map.
B. SITE CHARACTERISTICS
1. Development Status/Background
The property included in the Spring Creek Rezone has been the subject of previous development plans and
zoning actions. In 1987, the Pulse Overall Development Plan and Final Planned Unit Development were
approved for a health club on the subject site. The project was never constructed and that development plan
has expired. No development plans have been approved on the site since 1987.
On January 2, 2018, City Council approved a rezoning for the Spring Creek Rezone with the following six
conditions:
1. Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this Rezoning, shall
include two-family dwellings along the entire eastern perimeter, forming a buffer and transition
between any multi-family buildings and houses in the adjoining neighborhoods, as generally indicated
on the applicant's Concept Plan (attached hereto as Exhibit A) with exceptions made for stormwater
facilities, private parks, landscaping and walkways.
2. Multi-family development on the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this
Rezoning, shall not contain any dwelling units that feature a rent-by-the-bedroom leasing model.
3. Development of the M-M-N zone district parcel, as adjusted and enlarged to 13.13 acres by this
Rezoning, shall be limited to residential permitted uses and accessory uses only.
4. The maximum number of multi-family dwelling units in the M-M-N zone district parcel shall be 365.
5. The maximum allowable building height of the two-family dwellings in both zone district parcels shall
be two stories.
6. Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres by this Rezoning,
shall be limited to the primary and supporting uses as envisioned by Principle LIV 36.1 of City Plan
and Section 4.23(8) of the Land Use Code, and that residential permitted uses shall be limited to
Accessory Uses, Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section
4.23(D)(2) of the Land Use Code.
8.2
Packet Pg. 174 Attachment: Planning & Zoning Board Staff Report (9417 : Spring Creek Rezoning)
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 3 of 4
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2. Surrounding Zoning and Land Use
North South East West
Zoning Medium Density Mixed-
Use Neighborhood
(MMN)
Medium Density
Mixed-Use
Neighborhood (MMN)
Low Density
Residential (RL)
Medium Density Mixed-Use
Neighborhood (MMN)
Neighborhood Commercial (NC)
Land
Use
Landmark Apartments
and Landmark
Apartments Expansion
(Multi-Family)
Spring Creek
Hill Pond Townhomes
Sheely Addition and
Wallenberg
Neighborhoods
Foothills Apartments (Multi-
Family)
Spring Creek Plaza
(Convenience Center)
C. OVERVIEW OF MAIN CONSIDERATIONS
The rezoning of this property has already been approved by City Council. The purpose of this items is to
correct minor errors in the legal description and zoning map for the previously approved rezoning. No
changes in zoning designations or conditions of approval are proposed with this action.
2. Comprehensive Plan
A. CONSISTENCY WITH CITY PLAN AND THE WEST CENTRAL AREA PLAN
The staff report from the November 16, 2017 Planning and Zoning Board hearing provides an in-depth
analysis of the consistency of the rezoning with both the West Central Area Plan and City Plan (see pages 3-
7, Attachment 3).
3. Public Outreach
A. NEIGHBORHOOD MEETING
Pursuant to Section 2.9.4 – Text and Map Amendment Review Procedures, a neighborhood meeting is not
required, though the Director has the option to convene a neighborhood meeting to discuss a “proposal of
known controversy and/or significant neighborhood impacts. Because the rezoning of this property has
already occurred and the proposed corrections are minor in nature, a neighborhood meeting was not
determined to be necessary for this item.
B. PUBLIC COMMENTS:
No comments have been received related to this item. Any communication received between the public notice
period and hearing will be forwarded to the Planning and Zoning Board for consideration.
4. Article 2 – Applicable Standards
A. BACKGROUND
This item was initiated by City staff upon identification of errors in the legal description and zoning map. A
formal submittal was not necessary. City staff worked directly with the original surveyor for the rezoning to
correct the errors that had been identified.
8.2
Packet Pg. 175 Attachment: Planning & Zoning Board Staff Report (9417 : Spring Creek Rezoning)
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 4 of 5
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B. PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW
1. Conceptual Review
Not applicable.
2. Neighborhood Meeting
Not applicable.
3. Development Application Submittal
Not applicable, as this item was initiated by City staff to correct technical errors.
4. Public Notice
• Posted Notice: March 16, 2020, Sign #538
• Written Hearing Notice: Initial notice mailed March 12, 2020, with additional notices sent each time
the hearing was cancelled or rescheduled. Notice for the August Planning & Zoning Board hearing
was mailed August 6, 2020. 478 addresses mailed.
• Published Hearing Notice (Coloradoan): Scheduled for August 9, 2020
C. REVIEW CRITERIA FOR REZONING OF PARCELS LESS THAN 640 ACRES
Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (quasi-
judicial versus legislative) shall be recommended for approval by the Planning and Zoning Board or approved
by the City Council only if the proposed amendment is:
• Consistent with the City’s Comprehensive Plan; and/or
• Warranted by changed conditions within the neighborhood surrounding and including the subject
property.
Additional considerations for rezoning parcels less than 640 acres (quasi-judicial):
• Whether and the extent to which the proposed amendment is compatible with existing and proposed
uses surrounding the subject land and is the appropriate zone district for the land;
• Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment; and
• Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
D. ANALYSIS OF COMPLIANCE WITH REVIEW CRITERA
The staff report from the November 16, 2017 Planning and Zoning Board hearing provides an in-depth
analysis and findings related to:
• Consistency of the rezoning with City Plan and the West Central Area Plan;
• Changed conditions within and surrounding the rezoned property;
• Compatibility with existing and proposed uses surrounding the subject property;
• Suitability of the proposed zone districts for the subject property;
• Whether and the extent to which the proposed rezoning would result in significant adverse impacts to
the natural environment; and
8.2
Packet Pg. 176 Attachment: Planning & Zoning Board Staff Report (9417 : Spring Creek Rezoning)
Planning & Zoning Board Hearing - Agenda Item 2
REZ170001 | Spring Creek Rezone – Correction of Map Errors
Thursday, August 20, 2020 | Page 5 of 5
Back to Top
• Whether and the extent to which the proposed rezoning would result in a logical and orderly
development pattern.
See pages 3-9 of Attachment 3 for a complete analysis of the previously approved rezoning.
The proposed corrections to the legal description and zoning map fully comply with the intent of the rezoning
action that occurred in 2018, and the previous analysis and findings related to the rezoning request remain
valid for the current request. The changes to the legal description and zoning map are technical in nature and
seek to accurately codify City Council’s prior action.
5. Article 3 - Applicable Standards
Article 3 standards are not applicable to an amendment to the Zoning Map.
6. Article 4 – Applicable Standards
Article 4 standards are not applicable to an amendment to the Zoning Map.
7. Findings of Fact/Conclusion
In evaluating the request for the Spring Creek Rezone – Correction of Map Errors, REZ170001, staff makes the
following findings of fact:
• City Council approved the Spring Creek Rezone on January 2, 2018.
• The proposed corrections to the legal description and zoning map for the Spring Creek Rezone do not alter
the intent, analysis, findings, or conditions related to the previous Council action.
• The proposed zoning amendment complies with the relevant standards and review procedures in Article 2,
Section 2.9.4 – Text and Map Amendment Review Procedures.
8. Recommendation
Staff recommends approval of the Spring Creek Rezoning – Correction of Map Errors, REZ170001, based on
the aforementioned Findings of Fact.
9. Attachments
1. Revised Ordinance and Legal Description
2. Revised Zoning Map (February 24, 2020)
3. Previous Staff Report – Planning & Zoning Board (November 16, 2017)
4. Agenda Item Summary for City Council First Reading (December 19, 2017)
5. Agenda Item Summary for City Council Second Reading (January 2, 2018)
8.2
Packet Pg. 177 Attachment: Planning & Zoning Board Staff Report (9417 : Spring Creek Rezoning)
September 15, 2020
Rebecca Everette
Development Review Manager
Spring Creek Rezone –Correction of Map Errors
ATTACHMENT 3 8.3
Packet Pg. 178 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
Site Overview
2
•NE Corner of W. Stuart St.
and Shields St.
•19.6 acre parcel
•Zoning:
•Neighborhood Commercial
(N-C)
•Medium Density Mixed
Use Neighborhood (M-M-
N)
SITE
PROSPECT RD
SHIELDS STW STUART ST
SHEELY
AD DITION
8.3
Packet Pg. 179 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
Prior Rezoning
•Property rezoned in January 2018 to modify boundaries of the N-C
and M-M-N zones on the site
•Planning & Zoning Board recommended approval of rezoning
•Approved by City Council with 6 conditions
3
8.3
Packet Pg. 180 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
Current Action
•In 2019, staff discovered technical errors in the legal description and
zoning map
•Errors need to be corrected to properly document the original
rezoning action
•Any changes to the City Zoning Map must be approved by City
Council, including minor corrections of errors
•City is the applicant for these changes
•No formal development application has been received since the
rezoning
•No change to content or conditions of rezoning
4
8.3
Packet Pg. 181 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
Staff Recommendation
Staff recommends approval of the revised zoning ordinance, which
corrects previous errors in the legal description for the zoning
boundaries.
5
8.3
Packet Pg. 182 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
6
8.3
Packet Pg. 183 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
Conditions of Approval
1.Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by this
Rezoning, shall include two-family dwellings along the entire eastern perimeter,
forming a buffer and transition between any multi-family buildings and houses in the
adjoining neighborhoods, as generally indicated on the applicant's Concept Plan
(attached hereto as Exhibit A) with exceptions made for stormwater facilities, private
parks, landscaping and walkways.
2.Multi-family development on the M-M-N parcel, as adjusted and enlarged to 13.13
acres by this Rezoning, shall not contain any dwelling units that feature a rent-by-the-
bedroom leasing model.
3.Development of the M-M-N zone district parcel, as adjusted and enlarged to 13.13
acres by this Rezoning, shall be limited to residential permitted uses and accessory
uses only.
7
8.3
Packet Pg. 184 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
Conditions of Approval
4.The maximum number of multi-family dwelling units in the M-M-N zone district parcel
shall be 365.
5.The maximum allowable building height of the two-family dwellings in both zone
district parcels shall be two stories.
6.Development of the N-C zone district parcel, as adjusted and reduced to 6.42 acres
by this Rezoning, shall be limited to the primary and supporting uses as envisioned
by Principle LIV 36.1 of City Plan and Section 4.23(8) of the Land Use Code, and that
residential permitted uses shall be limited to Accessory Uses, Tw o-Family Dwellings
and Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use
Code.
8
8.3
Packet Pg. 185 Attachment: Powerpoint Presentation (9417 : Spring Creek Rezoning)
-1-
ORDINANCE NO. 115, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS AND AMENDING ORDINANCE NO. 177, 2017, BY
CHANGING THE ZONING CLASSIFICATION FOR PROPERTY KNOWN AS THE
SPRING CREEK REZONING REZ170001 – CORRECTION OF MAP ERRORS
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”)
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, on January 2, 2018, Fort Collins City Council adopted on second reading
Ordinance No. 177, 2017, amending the City Zoning Map by changing the zoning classification,
with 6 conditions, for certain property known as the Spring Creek Rezoning REZ170001 (the
“2017 Rezoning Ordinance”); and
WHEREAS, the 2017 Rezoning Ordinance adjusted the location, size and boundary
between two zone districts within a 19.55 acre parcel located at the southeast corner of South
Shields Street and Hobbit Street, by shifting the Neighborhood Commercial (N-C) zone south
and reducing it by 2.88 acres to 6.42 acres and shifting the Medium Density Mixed-Use
Neighborhood (M-M-N) zone north and increasing it by 2.88 acres to 13.13 acres; and
WHEREAS, the 2017 Rezoning Ordinance contained minor typographical errors in the
text of the legal descriptions (the “Map Errors”) for the two parcels of the property described
therein (collectively, the “Property”) that require correction; and
WHEREAS, correction of the Map Errors will not modify the location, size of or the
boundary between the two zone district parcels located within the Property, but will only adjust
the written legal description of those parcels to correct errors in the written text of the legal
descriptions; and
WHEREAS, the proposed rezoning of the Property to correct the Map Errors does not
alter the intent, analysis, findings or conditions related to the 2017 Rezoning Ordinance; and
WHEREAS, no formal development plans have been submitted to the City since the 2017
Rezoning Ordinance was approved, although City staff is aware of development interest in the
property and may receive a formal submittal in 2020 so that time is of the essence to correct the
Map Errors in the legal description of and zoning map for the Property; and
WHEREAS, the City Council has considered this proposed rezoning of the Property to
correct these Map Errors (“Rezoning to Correct Map Errors”), including information, materials,
findings of fact and conclusions contained in the Agenda Item Summary and Agenda materials
prepared for this hearing, as well as the information, materials, public comment presented at this
hearing and Council discussion thereof; and
Packet Pg. 186
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WHEREAS, the City Council has found and determined that this proposed Rezoning to
Correct Map Errors continues to comply with all applicable Land Use Code requirements,
including the requirements established in Section 2.9.4(H)(3) of the Land Use Code; and
WHEREAS, the City Council has also found and determined that this proposed Rezoning
to Correct Map Errors remains consistent with the City's Comprehensive Plan and/or is
warranted by changed conditions within the neighborhood surrounding and including the subject
property; and
WHEREAS, the City Council has further found that the Conditions included in the 2017
Rezoning Ordinance remain in compliance with the provisions of LUC Section 2.2.9 in that they
are necessary to accomplish the purposes and intent of the LUC and have a reasonable nexus to
the potential impacts of the proposed rezoning and are roughly proportional in nature and extent
to such impacts, and that such Conditions are not impacted or modified by this proposed
Rezoning to Correct Map Errors; and
WHEREAS, in accordance with the foregoing, the City Council has considered this
Rezoning to Correct Map Errors and has determined that said Property is the subject of this
Ordinance should be rezoned to correct the Map Errors as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
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 Zoning Map adopted by Division 1.3 of the Land Use Code and
as modified by the 2017 Rezoning Ordinance is hereby amended to correct the legal description
of the Medium Density Mixed-Use Neighborhood (“M-M-N”) zone district to read as follows:
A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 23, T7N, R69WR68W as
bearing South 00° 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81 feet; thence, South 89°
21' 59" East, 50.00 feet to the POINT OF BEGINNING; thence along a curve concave to
the southeast having a central angle of 90° 19' 00" with a radius of 25.00 feet, an arc
length of 39.41 feet and the chord of which bears North 45° 28' 31" East, 35.45 feet;
thence, South 89° 21' 59" East, 456.98 feet; thence along a curve concave to the
northwest having a central angle of 25° 59' 21" with a radius of 267.00 feet, an arc length
of 121.11 feet and the chord of which bears North 77° 38' 20" East, 120.07 feet; thence,
South 89° 21' 59" East, 435.72 feet; thence along a curve concave to the south thence
Packet Pg. 187
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along a curve concave to the north having a central angle of 13° 05' 59" with a radius of
518.12 feet, an arc length of 118.46 feet and the chord of which bears South 84° 06' 19"
West, 118.20 feet; thence, South 10° 06' 09" East, 153.80 feet; thence along a curve
concave to the eastsouth having a central angle of 24° 24' 52" with a radius of 664.52
feet, an arc length of 283.16 feet and the chord of which bears South 22° 22' 22" Ea st,
281.02 feet; thence, South 55° 47' 39" West, 20.96 feet; thence, South 07° 14' 10" East,
409.86 feet; thence, South 05° 39' 23" East, 103.47 feet; thence, North 52° 49' 40" West,
174.60 feet; thence, North 22° 53' 52" West, 9.39 feet; thence, North 72° 41' 45" West,
13.65 feet; thence, North 52° 45' 08" West, 71.61 feet; thence along a curve concave to
the south having a central angle of 35° 29' 52" with a radius of 400.00 feet, an arc length
of 247.82 feet and the chord of which bears North 78° 45' 38" West, 243.88 feet; thence,
North 00° 19' 01" East, 284.42 feet; thence, North 89° 40' 59" West, 647.89 feet; thence,
North 00° 19' 01" East, 407.00 feet to the Point of Beginning, containing 571,975 square
feet or 13.131 acres more or less.
Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code as
modified by the 2017 Rezoning Ordinance is hereby amended to correct the legal description of
the Neighborhood Commercial (“N-C”) zone district south to read as follows:
A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 23, T7N, R69WR68W as
bearing South 00° 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81687.86 feet; thence,
SouthNorth 89° 21' 59" EastWest, 50.00 feet; thence, South 00° 19' 01" West,
407.00470.00 feet to the POINT OF BEGINNING; thence, South 89° 40' 59" East,
647.89747.89 feet; thence, South 00° 19' 01" West, 284.42 feet; thence along a curve
concave to the south having a central angle of 16° 57' 53" with a radius of 400.00 feet, an
arc length of 118.44 feet and the chord of which bears South 75° 00' 30" West, 118.00
feet; thence, South 66° 20' 56" West, 227.30 feet; thence, South 68° 21' 24" West, 94.78
feet; thence South 44° 26' 15" West, 213.35 feet; thence, South 59° 17' 14" West, 104.96
feet; thence, North 00° 19' 01" East, 650.61 feet to the Point of Beginning, containing
279,656 square feet or 6.420 acres more or less.
Section 4. That this Rezoning to Correct Map Errors shall operate to correct, modify
and supersede the legal descriptions of the parcels described in Ordinance 117, 2017; all other
provisions of Ordinance 17, 2017, shall remain in full force and effect, including the Conditions
set forth therein.
Section 5. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Packet Pg. 188
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Introduced, considered favorably on first reading, and ordered published this 15th day of
September 2020, and to be presented for final passage on the 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 189
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Rebecca Everette, Development Review Manager
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 116, 2020, Suspending Certain Provisions of the City's Land Use Code to
Permit Temporary Use of Certain Non-Residential Buildings for Child Care Centers in Response to the COVID-
19 Pandemic.
EXECUTIVE SUMMARY
The purpose of this item is consideration of an Ordinance exempting certain child care uses from development
review and Land Use Code requirements through May 28, 2021. The COVID-19 pandemic has created a
need for distributed learning and daycare sites, but the number of buildings already approved for child care in
the community is too limited to meet current demands. This Ordinance would allow for child care uses to
operate within buildings that have not previously been approved for such use, provided all applicable health
and life safety requirements have been met. It would exempt child care centers, as defined in the Land Use
Code, from the development review process for a limited timeframe, aligned to the 2020-21 academic school
year, to allow for remote learning and daytime care of children. Compliance with building code, fire code,
health department requirements, and state licensing would still be required, as applicable.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
PURPOSE AND NEED
As a result of the COVID-19 public health emergency, local school districts have implemented virtual and
hybrid learning models, all of which require students to conduct learning away from school buildings for at least
part of the school week. Many parents are not able to directly care for their children or supervise virtual
learning and are instead seeking child care services during standard school hours. Many families cannot
afford child care within their home to facilitate remote learning, and will need support from local child care and
education providers.
There is growing interest in the temporary use of churches, vacant commercial spaces, neighborhood
clubhouses, and other non-residential buildings to provide space (outside of schools) for education and child
care. However, because child care has not been previously approved as a designated land use for many of
these sites, a development review process and site improvements would be required in most instances. Site
improvements that may be required include: landscaping, changes in parking lot configuration, screening of
trash and recycling facilities, sidewalk repair, right-of-way or easement dedications, bicycle parking, lighting
upgrades, stormwater management, and utility upgrades.
9
Packet Pg. 190
Agenda Item 9
Item # 9 Page 2
Support facilities for child care and remote learning are an urgent need in Fort Collins, particularly with the
school year already underway. Development review and site construction are lengthy and costly processes
that do not support the rapid implementation of temporary child care sites in response to the current need.
This Ordinance would allow child care and virtual learning to operate within buildings that have not previously
been approved for such use. It would exempt child care operations from the development review process for a
limited timeframe, aligned to the 2020-21 academic school year. Because health and life safety are still
critically important to protect children and other occupants, compliance with building code, fire code, health
department requirements, and state licensing would still be required.
It is anticipated that the public health emergency will be resolved (e.g., as a result of a widely available
vaccine) by the end of the 2020-21 academic school year. If current conditions still exist at that time, the
timeframe of the Ordinance could be extended to match evolving public health conditions.
PARAMETERS FOR EXEMPTION
Under this temporary Ordinance, the following parameters and limits would apply for any Land Use Code
(“LUC”) exemptions:
• Applicable to buildings within City limits with existing approvals for the land uses listed below.
• Time-limited exemption to match the 2020-21 academic school year for Poudre School District and
Thompson School District (ending on May 28, 2021)
• A temporary certificate of occupancy (TCO) must be issued by the City Building Services Division to
ensure health and life safety requirements have been addressed. The end date of the TCO will be no later
than May 28, 2021.
o A building permit and needed improvements may be necessary to address building code requirements
prior to occupancy.
o All applicable state licensing, building code, fire code, Americans with Disabilities Act, and health and
safety requirements must still be satisfied
o Capacity for individual classrooms and/or the building overall will be limited based on building code,
fire code, County health, and state licensing requirements.
• This Ordinance would temporarily exempt childcare centers, as defined in the LUC, from the requirement
to bring the site into compliance with the LUC during the time period specified by the TCO; however, these
improvements may be required through subsequent development review if the use extends beyond the
approved timeframe.
• If a child care center desires to extend operations beyond the 2020-21 school year, the property owner or
operator must initiate the applicable development review process no later than May 28, 2021.
o The development review process must be diligently pursued according to the timeframes prescribed in
LUC Section 2.2.11 - Step 11: Lapse.
o At the completion of the development review process, if approved, the property owner or operator
must complete all required site and building improvements to satisfy the requirements of the
development review process in order to receive a full Certificate of Occupancy (CO).
o An operator may be allowed to continue operating while they are diligently pursuing the development
review process and installation of site/building improvements, at the discretion of the Community
Development & Neighborhood Services Director.
Child care centers would be permitted in buildings with the following designated land uses, subject to the
parameters described above:
Adult Day/Respite Care Center Offices, Financial Services, and Clinics
Clubs and Lodges Personal & Business Service Shops
Community Facilities Place of Worship/Assembly
Conference/Convention Center Public/Private school
Entertainment Facilities & Theatres Retail Establishment
Exhibit Halls Homeless Shelters
Health & Membership Clubs Day Shelters
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Packet Pg. 191
Agenda Item 9
Item # 9 Page 3
Limited Indoor Small Scale Reception Center
Mixed use dwellings (non-residential portion only) Unlimited indoor recreational uses and facilities
Neighborhood support and recreational facilities, including clubhouses
Residential uses are not included in this exemption for the following reasons:
• “Child care center” is defined by the LUC to only include operations serving “seven or more children
under the age of sixteen years who are not related to the owner, operator or manager.” This does not
include “family child care homes,” as defined by the State of Colorado.
• In-home daycares and homeschooling “pods” generally would not fall under the definition of “child care
center” and would not require development review, even without the exemption proposed by this
ordinance.
CITY FINANCIAL IMPACTS
This Ordinance could result in a loss of revenue for the City in the form of development review fees and
payments associated with development review improvements. However, staff time would not be spent on the
tasks that such fees would cover, so the fiscal impact would be negligible.
PUBLIC OUTREACH
Staff has been meeting with child care providers and property owners to understand barriers and discuss
alternative locations for virtual learning and child care during the COVID-19 pandemic. This outreach has
assisted in identifying the need for LUC exemptions to support the rapid deployment of child care during the
current public emergency.
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ORDINANCE NO. 116, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUSPENDING CERTAIN PROVISIONS OF THE CITY’S LAND USE CODE
TO PERMIT TEMPORARY USE OF CERTAIN NON-RESIDENTIAL BUILDINGS FOR
CHILD CARE CENTERS IN RESPONSE TO THE COVID-19 PANDEMIC
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(“COVID-19”); and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and to attempt to minimize the loss of human life and the preservation of property, the
City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a
“local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the
Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and
WHEREAS, the City Council has, with the adoption of Resolution 2020-030, extended
the City Manager’s proclamation of local emergency; and
WHEREAS, the State of Colorado declared its first Emergency Disaster Declaration
related to COVID-19 on March 11, 2020, and the declared emergency remains in effect; and
WHEREAS, due to the COVID-19 public health emergency, local school districts have
implemented hybrid learning models that require students to participate in remote learning away
from school buildings for some or all of the school week; and
WHEREAS, many parents of students are unable to directly care for or supervise their
children’s remote learning at home during the school day and cannot afford in-home child care,
all of which has created an urgent need for more affordable and available chil d care centers, as
such term is defined in the LUC, to provide child care and to assist with remote learning; and
WHEREAS, there is community interest in the temporary use of churches, vacant
commercial spaces, neighborhood clubhouses, and other non-residential buildings as child care
centers; and
WHEREAS, approving a child care center use under the City’s Land Use Code (“LUC”)
development review procedure can be a lengthy and costly process often times requiring site
improvements; and
WHEREAS, in consideration of the urgent need for child care centers and remote
learning supervision alternatives for families, the City Council wishes to temporarily suspend
certain LUC requirements to allow buildings that have been previously approved for certain uses
to be used as child care centers without following the normal development review process; and
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WHEREAS, the temporary suspension will correspond with the 2020-2021 academic
school year, after which any child care center allowed to temporarily operate pursuant to this
Ordinance that desires to continue operation will need to be approved pursuant to the applicable
LUC requirements and development review process; and
WHEREAS, compliance with existing health and safety requirements such as the
building code, fire code, health department requirements, and state licensing will continue to be
required for buildings temporarily approved for child care centers pursuant to this Ordinance;
and
WHEREAS, in order to help address the urgent need for child care centers necessitated
by the COVID-19 public health emergency, the City Council finds it is necessary for public
health, safety and welfare, and in the best interests of the City and its residents, to temporarily
suspend the application of certain LUC requirements to facilitate the operation of child care
centers using buildings that have already been approved for certain uses.
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. Any building on a lot that is currently approved for any of the below uses,
as such uses are defined in the LUC, is eligible for use as child care center (“Eligible Building”)
regardless of whether child care center is a permitted use in the zone district where the building
is located:
a. adult day/respite care centers
b. clubs and lodges
c. community facilities
d. convention and conference centers
e. day shelters
f. entertainment facilities and theatres
g. exhibit halls
h. health and membership clubs
i. homeless shelters
j. limited indoor recreation establishments
k. non-residential portion of mixed-use dwellings
l. neighborhood support/recreational facilities (including clubhouses)
m. offices, financial services, and clinics
n. personal and business service shops
o. places of worship or assembly
p. public/private schools
q. retail establishments
r. small scale reception centers
s. unlimited indoor recreational uses and facilities
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Section 3. An Eligible Building in which a child care center is proposed to be
operated pursuant to this Ordinance is exempt from:
a. LUC requirements to obtain an approved Project Development Plan and Final Plan or
amendment to an existing approved development plan;
b. LUC Article 3 General Development Standards; and
c. LUC Article 4 zone district use restrictions on child care centers in certain zones.
Section 4. To operate a child care center pursuant to this Ordinance, the owner or authorized
occupant:
a. Must obtain a temporary certificate of occupancy (“TCO”) from the City Building
Services Division prior to operating a child care center and possess a valid TCO
throughout operation of the child care center;
b. May be required to obtain a building permit to address building code requirements prior
to occupancy and to satisfy those requirements before issuance of the TCO for the child
care center; and
c. Must comply with all other applicable laws, rules, and regulations, including building and
fire codes, City Code, public health orders, state licensing requirements, and the
Americans with Disabilities Act prior to commencing and throughout operation of a child
care center.
Section 5. All other applicable provisions of the City Code and any other applicable
laws, rules, and regulations, including, but not limited to health and safety requirements, will
continue to apply to any child care center operating pursuant to this Ordinance.
Section 6. Should a child care center operating pursuant to this Ordinance fail to
comply with the terms of the TCO or applicable laws as described in Sections 4 and 5 above, the
City Building Official in his or her sole discretion may revoke or temporarily suspend the TCO
and the child care center shall not operate until a new TCO is issued or the suspension is lifted.
Section 7. The waiver of LUC requirements pursuant to this Ordinance and any TCO
issued to allow the temporary operation of a child care center pursuant to this Ordinance shall
automatically terminate on May 28, 2021, and any child care center operating pursuant to this
Ordinance shall cease operating unless an extension has been granted pursuant to Section 9.
Section 8. Upon termination of the use of the Eligible Building as a child care center
pursuant to this Ordinance, the prior approved use shall remain valid pursuant to the terms of its
prior approval, the LUC, and applicable law, rules, and regulations. Use of an Eligible Building
as a child care center pursuant to this Ordinance shall not be deemed abandonment of a lawful
nonconforming use pursuant to LUC Division 1.5 or Existing Limited Permitted Use pursuant to
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LUC Division 1.6, however, LUC Sections 1.5.3 and 1.6.7 regarding active utilization of
nonconforming and limited permitted uses shall continue to apply.
Section 9. The Director of the Community Development and Neighborhood Services
Department (“Director”), in his or her sole discretion and after consultation with the Building
Official may temporarily allow any child care center operating pursuant to this Ordinance to
continue operating pursuant to the issued TCO provided the owner or authorized occupant has
submitted a development application to the City to approve a child care center pursuant to the
LUC prior to May 28, 2021, and the applicant diligently pursues seeking approval of its
application and the completion of any required development improvements. In deciding whether
to allow a child care center to temporarily continue operating while a development application is
being reviewed, the Director may consider compliance issues and impacts on the surrounding
neighborhood. The Director may, in his or her sole discretion and after consultation with the
Building Official, revoke or suspend the temporary permission to continue at any time for
reasons including the applicant’s failure to diligently pursue approval of its development
application, failure to complete development improvements, or non-compliance with the terms of
its TCO.
Section 10. Operation of a child care center pursuant to this Ordinance shall not create
any right or expectation that any such child care center shall be able to operate on or after May
28, 2021, and any party operating a child care center pursuant to this Ordinance is deemed to
acknowledge the temporary nature of any such child care center.
Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2020, and to be presented for final passage on the 6th day of October, A.D.
2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 6th day of October, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 196
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Jason Graham, Water Reclamation/Biosolids Manager
Ingrid Decker, Legal
SUBJECT
Resolution 2020-083 Authorizing a Livestock Grazing Lease and Residential Lease on Meadow Springs Ranch
with Natural Fort Grazing, LTD.
EXECUTIVE SUMMARY
The purpose of this item is to seek Council authorization for a grazing lease for up to ten (10) years for grazing
rights at Meadow Springs Ranch (MSR). MSR is a 26,500-acre ranch owned by the City wastewater utility with
the primary purpose being Biosolids Land Application. MSR also functions as a working cattle ranch and
historically has maintained 10-year grazing leases for stability in rangeland management practices. The current
lease expires in December 2020.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This spring City staff initiated a competitive Request for Proposals (RFP) process to solicit tenants for a 10 -
year grazing lease beginning in 2021. Through that process, Natural Fort Grazing, Ltd. (NFG) was awarded
the grazing rights on Meadow Springs Ranch contingent on Council approval. City Code Section 23-113(a)(1)
authorizes the Council to approve leases of less than twenty years by Resolution.
The anticipated lease to NFG will allow rotational grazing on roughly 26,000 acres from May 15th to November
15th each year unless otherwise agreed upon (for example year-round grazing). The Animal Unit (AU) rate fee
will be $30.00, which is roughly an 80% increase from the existing AU rate of $16.50. The AUs are capped at
900 head per year. NFG also has the option to enter into a separate residence lease for use of the ranch
house for the purpose of housing a ranch manager for an additional $1000 monthly rent. The potential total
annual payment of $174,000 (AU rate + house lease) would be applied to the Wastewater Utility Fund.
Responsibility for major infrastructure repairs such as replacement of well pumps, fencing, and the Ranch
Headquarters will lie with the Water Reclamation and Biosolids Division, while routine repairs will be the
responsibility of NFG with the additional requirement of keeping facilities and grounds clean and in good,
sanitary condition. The yearly grazing lease, commencing on January 1, 2021, will automatically renew
annually for up to 10 years with a termination date of December 31, 2030.
CITY FINANCIAL IMPACTS
The proposed leases will generate an additional $66,000 annual revenue for the wastewater utility over the
prior lease, for a total annual revenue of $174,000. The lease will generate an estimated $1,740,000 over the
10-year term.
10
Packet Pg. 197
Agenda Item 10
Item # 10 Page 2
BOARD / COMMISSION RECOMMENDATION
The Water Board unanimously supported the following recommendation on July 16, 2020:
The Water Board recommends the City Council approve an exception to Municipal Code Sec. 8-186(a) by
issuing an ordinance authorizing a lease term of ten (10) years for the grazing rights on Meadow Springs
Ranch by Natural Fort Grazing Association. (Attachment 1)
ATTACHMENTS
1. Water Board Minutes - July 16, 2020 (PDF)
10
Packet Pg. 198
Excerpt from Approved Minutes - WATER BOARD
REGULAR MEETING
July 16, 2020, 5:30 p.m.
Online via Zoom
0 7 /16/20 20 – Excerpt from approved M INUTES Page 1
Regular Items
(Attachments available upon request)
i. Meadow Springs Ranch Grazing Lease 10-Year-Term Support
The City owns the 26,000-acre Meadow Springs Ranch; Water Reclamation and
Biosolids (WR&B) Division applies biosolids to the land and grazes cattle to maintain
vegetation and environmental stewardship of the land. WR&B Manager Jason Graham
summarized the lease. The Cattle Grazing Lease has recently been awarded to Natural
Fort Grazing Association. As with previous lease terms and in alignment with current
City Real Estate practices, this lease has a term of 10 consecutive one-year terms.
Because the term duration is greater than five years, this lease term needs to be
approved by City Council. Staff seeks a recommendation from the Water Board to
support City Council approval.
Discussion Highlights
No discussion
Board Member Randy Kenyon moved to recommend that the Water Board
recommend City Council approve an exception to municipal code sec 8 -186 (a) by
issuing an ordinance authorizing a lease term of (10) years for the grazing rights on
MSR by Natural Fort Grazing Association.
Board Member Phyllis Ortman seconded the motion.
Vote on the Motion: it passed unanimously, 9-0
ATTACHMENT 1 10.1
Packet Pg. 199 Attachment: Water Board Minutes - July 16, 2020 (9446 : Grazing Lease at Meadow Springs)
-1-
RESOLUTION 2020-083
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A LIVESTOCK GRAZING LEASE AND RESIDENTIAL LEASE ON
MEADOW SPRINGS RANCH WITH NATURAL FORT GRAZING, LTD.
WHEREAS, in 1990, the City purchased that certain real property located in Larimer and
Weld Counties commonly known as Meadow Springs Ranch, which has been expanded in the
years since by the acquisition of additional adjacent parcels (collectively, the “Property”); and
WHEREAS, portions of the Property are used by the Wastewater Utility for its biosolids
application program; and
WHEREAS, since buying the Property, the City has also leased it for grazing rights; and
WHEREAS, on December 7, 2010, the City Council approved Ordinance No. 118, 2010,
authorizing a grazing lease on the Property with Natural Fort Grazing, Ltd. (“Natural Fort”) for
up to ten one-year terms; and
WHEREAS, this spring City staff initiated a competitive Request for Proposals process
to solicit potential tenants for a new ten-year grazing lease to begin in 2021; and
WHEREAS, through this process, Natural Fort was again selected to be the grazing
tenant on the Property; and
WHEREAS, the proposed lease agreement, attached hereto as Exhibit “A” and
incorporated herein by reference (the “Lease”), would be for a one-year term and would
automatically renew each year for up to nine more years; and
WHEREAS, Natural Fort would pay rent based on upon the formula of $30.00 for each
animal unit grazed each month upon the Property (animal unit month or “AUM”) per year; and
WHEREAS, for the first one-year term of the Lease, Natural Fort would pay rent for 900
AUMs, for a total annual rent of $162,000, and in each successive year the parties would
determine the number of AUM’s as part of the development of an annual grazing plan; and
WHEREAS, Natural Fort would also have the option to enter into a separate residential
lease for the Ranch Headquarters house located on the Property (the “Residence”), for a monthly
rent of $1,000, that it could permit an employee ranch manager to live in; and
WHEREAS, the proposed lease agreement for the Residence is attached hereto and
incorporated herein by reference as Exhibit “B” (the “Residential Lease”); and
WHEREAS, if Natural Fort chooses not to lease the Residence, the City reserves the right
to lease it to a third-party tenant; and
Packet Pg. 200
-2-
WHEREAS, Sections 23-111 and 23-113 of the City Code authorize the City Council to
lease any and all interests in real property owned in the name of the City if the City Council first
finds that the lease is in the best interests of the City and, for property that is part of a City utility
system, that the lease will not materially impair the viability of the affected utility system as a
whole, and that the lease will be for the benefit of the citizens of the City; and
WHEREAS, at its regular meeting on July 16, 2020, the Water Board recommended the
City Code authorize the proposed lease to Natural Fort.
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 City Council hereby finds that the lease of the Property and the
Residence to Natural Fort on the terms described above is in the best interest of the City, that the
Lease will not materially impair the viability of the City’s Wastewater Utility System as a whole,
and that the Lease will be for the benefit of the citizens of the City.
Section 3. That the City Manager is hereby authorized to execute the Lease, the
Residential Lease, and such additional documents as are necessary to lease the Property and the
Residence to Natural Fort on terms and conditions consistent with this Resolution, together with
such additional terms and conditions, or subsequent amendments or corrections, as the City
Manager, in consultation with the City Attorney, deems to be necessary or appropriate to protect
the interests of the City or effectuate the purposes of this Resolution, including, but not limited
to, any necessary changes to the legal description of the property to be leased, as long as such
changes do not materially increase the size or change the character of the leased area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 201
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 1 of 20
MEADOW SPRINGS RANCH
GRAZING LEASE AGREEMENT
THIS GRAZING LEASE AGREEMENT (“Lease”), is made and entered into this day of
,2020, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation
(hereinafter referred to as the “Lessor” or “City”), and NATURAL FORT GRAZING, LTD., (hereinafter referred
to as the “Lessee”).
WITNESSETH:
WHEREAS, the Lessor is the owner of that certain real property, together with any improvements located
thereon, situated in the Counties of Larimer and Weld, State of Colorado, consisting of approximately 26,582
acres of land, commonly known as Meadow Springs Ranch, as described and depicted in Exhibit “A” attached
and incorporated herein by reference (the “Leased Premises”); and
WHEREAS, the Lessor desires to lease the Leased Premises to the Lessee for livestock grazing
purposes only, and the Lessee desires to lease the Leased Premises from the Lessor for livestock grazing
purposes only.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein
contained, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties do hereby covenant, promise, and agree to and with each other as follows:
Article I. Lease of the Leased Premises.
1.1 The Lessor does hereby lease, demise, and let unto the Lessee, and the Lessee does hereby hire and
take from the Lessor the Leased Premises, for use for grazing purposes and related uses as more
specifically described herein.
1.2 This Lease includes all the grazing-related improvements located upon the Leased Premises including,
but not limited to, the “Ranch Headquarters” corrals and outbuildings, located as shown on Exhibit A.
Lessee will have first option to also lease the house located on the Leased Premises (“Residence”), in
the form of the rental lease attached as Exhibit B (“Residential Lease”), and must ensure that its officers
and employee(s) working or residing on the Leased Premises, their dependents, and any guests, strictly
comply with the requirements and restrictions set forth in the Residential Lease, and with all applicable
laws, regulations and other legal requirements, in connection with the use or occupation of the Leased
Premises.
1.3 This Lease does not include the right to use or occupy the following facilities unless discussed and
approved by Lessor:
• Doc Rogers pasture / property;
• Jordan property;
• Biosolids Headquarters; and
• Solomon property.
Article II. Term.
EXHIBIT A A
Packet Pg. 202 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 2 of 20
2.1 The term of this Lease is for a period of one (1) year, commencing as of 12 noon on the 1st day of January
2021.The term of the Lease shall automatically renew each year for each of nine (9) additional successive
years continuing until 12 noon on the 31st day of December 2031, unless terminated by operation of law
or as otherwise provided in this Lease. Either party may cancel this Lease at any time upon one hundred
and eighty (180) days advanced written notice to the other.
Article III. Rent.
3.1 Except as otherwise provided in this Lease, the Lessee will pay to the Lessor rent calculated based upon
the formula of a fixed dollar amount for each animal unit grazed each month upon the Leased Premises
(animal unit month or AUM) per year. For the first one-year term of this Lease, the amount of rent will be
Thirty Dollars ($30) per AUM for 900 AUMs, for a total annual rent in the amount of One Hundred Sixty-
Two Thousand Dollars ($162,000). The dollar amount per AUM of thirty dollars ($30) will remain the
same for all successive terms of this Lease. The parties will determine the number of AUMs for each
one-year term of the Lease as part of the development of the Grazing Plan described in Section 4.5,
below. Lessee will pay the total annual rental for each one-year term of this Lease, without demand or
notice, as follows: thirty percent (30%) of the total due and payable on May 15 of each year and seventy
percent (70%) on December 1 of each year.
3.2 For purposes of this Lease, an animal unit (AU) shall be defined as follows:
1. A cow and unweaned calf pair shall constitute one (1) animal unit.
2. A mature bull shall constitute one and one-half (1.5) animal units.
3. A 1,000-pound yearling shall constitute one (1) animal unit, but if the yearling weighs less than 1,000
pounds, then the animal unit value assigned to that yearling shall be based upon the percentage that
the yearling's weight is to a 1,000 pounds weight. (For example, if the yearling weighs 600 pounds,
then it shall constitute 0.6 of an animal unit.) The weights for yearlings shall be confirmed by certified
scale receipts at the time of delivery of the animal upon the Leased Premises, or by any technique
mutually agreeable to the Lessor and the Lessee.
4. A horse shall constitute one and one-half (1.5) animal units.
5. Five (5) sheep or goats shall constitute one (1) animal unit.
6. A bison cow shall constitute one (1) animal unit.
7. A bison bull shall constitute one and one-half (1.5) animal units.
8. AU equivalent for any other animal type will be determined by Lessor.
3.3 Lessee will make all payments of rent at such place as the Lessor may, from time to time, designate in
writing. For the present, the Lessor designates City of Fort Collins Water/Wastewater Utility, Attn:
Director of Plant Operations Water Reclamation and Biosolids Manager, 3036 Environmental Drive, Fort
Collins, Colorado 80525, as the place for the making of rental payments. All such rent must be paid in
current legal tender of the United States as the same is then by law constituted. If Less or extends the
time for the payment of any installment of rent or accepts any money other than of the kind herein
specified, Lessor by doing so does not waive its right to insist on having all other payments of rent made
in the manner and at the time herein specified.
A
Packet Pg. 203 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 3 of 20
3.4 Notwithstanding the foregoing provisions of this Article III, the Lessee agrees that if the Lessor determines
that the grazing conditions of the Leased Premises warrant it, whether such conditions are caused by
drought, pestilence, insect infestation or any other circumstance beyond Lessor’s control, the Lessor may
reduce the agreed-upon number of AUMs per year to that number that Lessor determines is appropriate
under the then-existing grazing conditions. In such event, Lessor agrees that Lessee’s rental payment
due in May or December shall be reduced in proportion to the reduction in AUMs per year.
3.5 If Lessee fails to pay when due any rental payment required under this Lease, the unpaid rental amount
shall accrue interest at the rate of eighteen percent (18%) per annum from the due date until paid.
Article IV. Use of Leased Premises.
4.1 The Lessee may use the Leased Premises for livestock grazing purposes only, except as otherwise
provided in this Lease. The lease does not allow for feeding of livestock outside of the corrals, private or
commercial recreational rights, hunting, shooting, trapping or poisoning of wildlife of any kind, or lethal
control of prairie dogs. Lessee may execute the separate Residential Lease, attached as Exhibit B, with
the City to lease the Residence for residential housing for a ranch manager, who is an officer or employee
of Lessee, and his or her immediate family, and for no other purpose unless Lessor agrees in writing.
Lessee must exercise its option to lease the Residence by executing the Residential Lease
contemporaneously with this Lease. If Lessee does not do so, Lessee waives its right to lease the
Residence. If Lessee executes the Residential Lease, Lessee will ensure that a ranch manager occupies
the Residence year-round and complies with all terms and conditions of the Residential Lease. The
Residence may not be sublet. Lessee may not use any facilities on the Leased Premises other than the
Residence for residential housing. All pets must be on a leash, caged or fenced, with the exception of
two cats, which may roam freely around the Ranch Headquarters to control mice, and dogs owned or
controlled by the Lessee and used for ranching activities such as the herding of livestock.
4.2 If Lessee does not lease the Residence, Lessor reserves the right to lease the Residence, including the
right to access the residence and its immediate surroundings, to a third party tenant, and Lessee shall
not interfere with such tenant’s rights under such lease so long as the tenant does not interfere with the
Lessor’s rights under this Lease.
4.3 Only licensed vehicles involved in ranching activities are allowed beyond the Ranch Headquarters and
are to remain on existing established roads identified by the Lessor as open for grazing-related access.
Unlicensed vehicles are prohibited except that ATV’s used for ranching activities may be used on or off
established roads, but only with Lessor’s express written permission. Even with such permission, Lessee
must keep off- road ATV use to an absolute minimum.
4.4 Grazing may begin with certain restrictions on May 15 of each year, and must end by November 15,
unless moisture conditions and forage availability require modification of time, dates, or stocking rates or
unless the City approves year-round grazing per Paragraph 4.5. If Lessor believes modification is
necessary, the Lessor, in consultation with the Lessee, will determine modified grazing dates and
stocking rates. The Lessor reserves the right to make the final decision in accordance with the terms of
this Lease.
4.5 Lessee and Lessor will annually work together in a collaborative effort, to develop a “Grazing Plan” for
the Leased Premise, which plan includes stocking rates, grazing initiation and ending dates, animal unit
months for each pasture, and grazing rotation plans. If in any year the parties are unable to agree on a
Grazing Plan through the processes described in this Lease, Lessor will make the f inal decision on the
A
Packet Pg. 204 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 4 of 20
Grazing Plan for that year. Though other parts of this Lease contemplate that cattle shall be grazed for
six months per year, the City may also allow a year-round grazing season if environmental conditions at
Meadow Springs Ranch lend favorably to the option. Should the City allow year-round grazing, the total
number of AUMs per year would remain the same but would be distributed throughout the calendar year.
4.6 The Lessor reserves the right to perform management activities at any time during the year including the
grazing season. Any management activity that has the potential to influence stocking rates or grazing
dates will be coordinated with the Lessee.
4.7 Lessee acknowledges and agrees that concurrently with Lessee’s use of the Leased Premises for
livestock grazing purposes, Lessor will use the Leased Premises for municipal sludge storage and
application purposes, as well as for other activities related thereto. Accordingly, Lessee agrees not to
use the Leased Premises in a manner that will in any way interfere with said use by Lessor.
4.8 The Lessee must not use the Leased Premises in any way that violates any applicable law, statute,
ordinance, rule, or regulation of any governmental entity or body.
4.8.1 All cattle moved into Colorado from any other state or country must strictly adhere to all Colorado
Department of Agriculture and U.S. Department of Agriculture regulations for animal movement
into and within Colorado.
4.9 The Lessee must not permit or suffer the use of, or presence on, the Leased Premises by: (1) the general
public, or by (2) any persons other than Lessee’s employees or agents, who are permitted to occupy or
use the Leased Premises only to the extent required to carry out the purposes of the Lease. Lessee’s
employee residing in the Residence may have personal invitees in the residence, but any other presence
on, or use of, the Leased Premises by said invitees is expressly prohibited.
4.10 The Lessee is responsible for security of the Leased Premises, including but not limited to closing gates
and reporting trespass or other violations to the Lessor. Lessor will provide Lessee with emergency
contact numbers that may be used to report trespasses or other violations at any time. The Lessee must
at all times have a designated and appropriately trained and qualified person who will take primary
responsibility for the Lessee in carrying out the requirements of this paragraph.
4.11 If the Lessor, in its sole discretion, deems it necessary for any reason, Lessor may restrict grazing under
this Lease on any portion of the Leased Premises. In the event of any such restriction, Lessor may
modify the number of AUs allowed to graze hereunder or on any particular portion of the Leased Premises
accordingly.
ARTICLE V. Maintenance and Repairs.
5.1 The Lessee must maintain and keep in orderly condition and in a good state of repair all of the Leased
Premises, not including the facilities listed in paragraph 1.3 above, whether existing as of the date of this
Lease or added thereafter, including, but not limited to: corrals and any buildings Lessee uses constituting
part of the Ranch Headquarters. The Lessor will keep and maintain the boundary and interior fences
and gates; all livestock watering facilities including but not limited to solar pumps, windmills, stock tanks,
buried water lines, pipes and pumps. Any repairs, other than normal wear and tear, required because of
damage caused by the Lessee will be the responsibility of the Lessee and could justify termination of this
Lease. Maintenance of watering facilities including filling stock tanks prior to grazing activities and
A
Packet Pg. 205 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 5 of 20
draining them, along with other water system infrastructure, upon completion of the grazing season is the
responsibility of the Lessor.
5.2 The Lessee is responsible for maintenance and repairs that are ordinary and routine in nature and the
reasonable associated labor costs. Lessee will promptly notify Lessor of needed maintenance and
repairs to the Leased Premises that are extraordinary or major in nature. (see also Article VI. Alterations
and Improvements).
5.3 Unless due to misuse or neglect by the Lessee, the Lessor is responsible for the reasonable cost of all
materials necessary for both routine and extraordinary maintenance and repairs and the cost of all labor
for extraordinary maintenance and repairs. In circumstances of misuse or neglect by Lessee, Lessee is
responsible for all material and labor costs (whether ordinary or extraordinary).
5.4 All maintenance and repairs to the Leased Premises required of the Lessee must be made promptly and
when necessary. In addition, all such maintenance and repairs must be done in a good and workmanlike
manner and in compliance with all applicable laws, statutes, ordinances, rules, orders, regulations, and
requirements of all federal, state, and county governments and the appropriate departments,
commissions, boards, and officers thereof. All work by or for Lessee must be carried out in a manner
consistent with the conservation considerations set forth in Article XXIII.
5.5 The Lessee must keep the Leased Premises clean and in good sanitary condition, as required by the
statutes, ordinances, resolutions, and health, sanitary, and police regulations of the Counties of Larimer
and Weld and State of Colorado, except that Lessor is responsible for controlling noxious weeds or toxic
plants. Any equipment, materials or supplies that Lessee brings onto the Leased Premises must be kept
under cover (except large equipment such as vehicles and trailers) in a location acceptable to the Lessor
and removed from the Leased Premises when no longer needed. Any trash, junked equipment or waste
materials generated from Lessee’s maintenance and repair activities on the Leased Premises must be
stored under cover or removed promptly from the Leased Premises. The Lessee must neither permit nor
suffer a disorderly noise or nuisance whatsoever about the Leased Premises having any tendency to
annoy or disturb any persons occupying adjacent land. The Lessee shall neither hold nor attempt to hold
the Lessor liable for any injury or damage, either approximate or remote, occasioned through or caused
by any maintenance, alterations, or repairs made by the Lessee upon or to the Leased Premises or the
improvements located thereon.
5.6 If the Lessee fails to perform any maintenance or make any repairs required of it to be made under this
Lease, the Lessor may, but is not required to, make such maintenance and repairs on the Lessee's
account, and the Lessor may add its costs and expenses for such repairs or replacements as additional
rent due to the Lessor under this Lease. Lessee will then pay such amount to the Lessor within thirty
(30) days after receiving written notice from the Lessor of the costs and expenses paid by the Lessor for
such maintenance and repairs.
ARTICLE VI. Alterations and Improvements.
6.1 The Lessee must not make alterations, additions, improvements or changes to the Leased Premises, or
the improvements located thereon, without 30-day request and written approval of the Lessor. Any such
alterations, additions, improvements, or changes approved by the Lessor must be done by the Lessee in
a good and workmanlike manner and in compliance with all applicable building and zoning laws, and all
other applicable laws, statutes, ordinances, orders, rules, regulations, and requirements of all federal,
state, and county governments and the appropriate departments, commissions, boards, and officers
A
Packet Pg. 206 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 6 of 20
thereof. If the Lessee wishes to make additions or improvements to the Leased Premises beyond what
is required for maintenance and repair as described in Article V, the Lessee will be responsible for the
cost of such additions and improvements unless the parties agree to a cost-sharing arrangement.
6.2 The Lessee hereby indemnifies and agrees to hold the Lessor harmless from all liens, claims, or charges
on account of any alterations, additions, improvements, or changes made to the Leased Premises or the
improvements located thereon by the Lessee.
6.3 The Lessee is responsible for construction and maintenance of any temporary fencing necessary to
exclude livestock from an area for monitoring purposes (grazing exclosures) or to facilitate rotational
grazing. Unless otherwise agreed by the parties in writing, Lessor will provide all materials necessary for
the construction and maintenance of grazing exclosures, and such exclosures will be Lessor’s property.
Responsibility for the costs of constructing and maintaining temporary fencing for rotational grazing, and
ownership of such fencing, will be determined between the parties on a case-by-case basis.
6.4 The Lessor reserves the right, from time to time (without invalidating or modifying this Lease) to make
alterations, changes and additions to the land and improvements that constitute the Leased Premises.
6.5 At the end of the term of this Lease, all fixtures, equipment, additions and alterations will remain the
property of the Lessor, except as otherwise provided under the terms of this Lease. However, the Lessor
may require the Lessee to remove any or all such fixtures, equipment, additions and alterations and
restore the Leased Premises to the condition that existed immediately prior to such change and
installation, normal wear and tear excepted, all at the Lessee's cost and expense. All such work must be
done in a good and workmanlike manner and consist of new materials unless otherwise agreed to by the
Lessor.
ARTICLE VII. Covenant of Title and Quiet Enjoyment
7.1 The Lessor covenants that it is well seized of and has good title to lease the Leased Premises and does
warrant the title thereto except and subject to the following:
a. All easements, covenants, reservations, restrictions, rights-of-way, and prescriptive or adverse
rights, in place or of record;
b. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado
patents of record;
c. All zoning and other governmental rules and regulations; and
d. All oil, gas or other mineral reservations or exceptions of record.
ARTICLE VIII. Insurance.
8.1 The Lessee, at its sole cost and expense, must procure, pay for, and keep in full force and effect workers
compensation insurance for all its employees to be engaged in work on the Leased Premises under this
Lease.
8.2 The Lessee, at its sole cost and expense, must procure, pay for, and keep in full force and effect a
comprehensive policy of general liability insurance covering the Leased Premises and insuring the
Lessee in an amount not less than One Million Dollars ($1,000,000) covering bodily injury, including
A
Packet Pg. 207 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 7 of 20
death to persons, personal injury, and property damage liability arising out of a single occurrence. Such
coverage must include, without limitation, the insured’s liability for property damage, bodily injuries, and
death of persons in connection with the operation, maintenance, or use of the Leased Premises (including
acts or omissions of the Lessee or of its officers, employees, or agents), liability arising out of lawsuits
related to employment contracts of the Lessee, and protection against liability for non-owned and hired
automobiles. Such coverage must also include comprehensive automobile liability insurance and
coverage for such other risks as are customarily required by private institutional mortgage lenders
regarding property similar in construction, location, and use as the Leased Premises under this Lease.
8.3 All policies of insurance carried by the Lessee must name the Lessee as an insured and name the Lessor
as an additional insured on the policy. The policy or policies must contain a provision that the policy or
policies cannot be canceled or materially altered either by the insured or the insurance company until
fifteen (15) days prior written notice thereof is given to the Lessor. Upon issuance or renewal of any such
insurance policy, the Lessee must furnish a certified copy or duplicate original of such policy or renewal
thereof with proof of premium payment to the Lessor. Any such policy must contain waivers of
subrogation and waivers of any defense based on invalidity arising from any act or omission of any
assignees or subleases of the Lessee.
8.4 No policy of insurance required by this Article VIII can include a deductible clause in an amount greater
than Ten Thousand Dollars ($10,000.00). Any insurance policy purchased by the Lessee must be written
by an insurance carrier which has a current rating by Best's Insurance Reports of "A" (Excellent) or better
and a financial rating of ”A” or better or such equivalent classification as may hereinafter be required
customarily for properties similarly situated and it must be approved by the Lessee and the insurance
carrier must be authorized by law to do business in the State of Colorado. The Lessee must not obtain
any policy which, under the terms of the carrier's charter, by-laws, or policy, loss payments are contingent
upon action by the carrier's board of directors, policy holders, or members. All insurance policies carried
by the Lessee may be reviewed at least annually by the Lessor to ascertain that the coverage provided
by such policy adequately covers those risks required by this Article VIII to be insured by the Lessee.
8.5 In case of the breach of any provision of this Article VIII, the Lessor, at its option, may take out and
maintain, at the expense of the Lessee, such insurance as the Lessor may deem proper and may bill the
costs for such insurance directly to the Lessee. When so billed, the Lessee must reimburse the Lessor
for the costs of such insurance within thirty (30) days of being billed.
ARTICLE IX. Utilities.
9.1 The Lessee agrees to pay all charges for water and sewer service, gas, electricity, light, heat, power,
trash removal, telephone, and other communication services used, rendered, or supplied upon or in the
Leased Premises and the improvements located thereon, and to indemnify the Lessor against any liability
or damage on such account. All such utility charges shall be paid by the Lessee before the date the
same become delinquent.
ARTICLE X. Signs.
10.1 The Lessee must not affix, erect, or maintain on the Leased Premises any sign or placard without
obtaining the Lessor's prior written approval. The costs of erection and maintenance of such sign or
placard are the sole responsibility of the Lessee. In addition, any sign or placard approved by the Lessor
must comply with all state and county laws, rules, and regulations.
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ARTICLE XI. Subletting and Assignment.
11.1 Except for use of the Residence by a ranch manager as described in Article IV above, t he Lessee may
not assign this Lease, any interest or a part thereof, any right or privilege appurtenant thereto, nor
mortgage or hypothecate the leasehold without the prior written consent of the Lessor, in Lessor’s sole
discretion. Lessor’s consent to one assignment or hypothecation shall not be construed as a consent to
any subsequent assignment or hypothecation; and it is hereby mutually covenanted and agreed that,
unless such written consent has been obtained, any assignment or transfer or attempted assignment or
transfer of this Lease or any interest therein or hypothecation either by the voluntary or the involuntary
act of the Lessee or by operation of law or otherwise, shall, at the option of the Lessor, terminate this
Lease; and any such purported assignment or transfer without such consent will be null and void. The
Lessor's consent to any such assignment does not relieve the Lessee from any obligation under this
Lease unless the Lessor expressly agrees in writing to relieve the Lessee from such obligation.
11.2 If Lessee assigns this Lease or sublets or allows anyone other than the Lessee to occupy the Leased
Premises or any part thereof without the prior written consent of the Lessor as required in paragraph 11.1
above, the Lessor may terminate this Lease, or may collect rent from the assignee, subtenant, or
occupant, and employ the net amount collected to the rent herein reserved; and no such collection shall
be deemed a release of the Lessee from the complete performance of its obligations under this Lease.
ARTICLE XII. Mechanic's Liens.
12.1 The Lessee agrees to pay or cause to be paid promptly all bills and charges for material, labor, or
otherwise in connection with or arising out of any alterations, additions, maintenance, repairs, or changes
made by the Lessee or its agents or subtenants to the Leased Premises; and the Lessee agrees to hold
the Lessor free and harmless against all liens and claims of liens for such labor and materials, or either
of them, filed against the Leased Premises or any part thereof and from and against any expense and
liability in connection therewith. The Lessee further agrees to discharge (either by payment or by filing
the necessary bond) any mechanic's, materialman's, or other liens against the Leased Premises arising
out of any payment due or alleged to be due for any work, labor, services, materials, or supplies claimed
to have been furnished at the Lessee's request in, on, or about the Leased Premises and to indemnify
the Lessor against any lien or claim of lien attached to or upon the Leased Premises or any part thereof
by reason of any act or omission on the Lessee's part. The Lessee does, however, have the right to
contest any mechanic's lien or claims filed against the Leased Premises, provided the Lessee diligently
prosecutes any such contest and at all times effectively stays or prevents any sale of the Leased
Premises under execution or otherwise and pays or otherwise satisfies any final judgment adjudging or
enforcing such contested liens and thereafter procures record satisfaction of the release thereof. The
Lessee also agrees in any such contest, at the Lessee's cost and expense, to defend the same on behalf
of the Lessor.
ARTICLE XIII. Condemnation
13.1 If, as a result of any exercise of the power of eminent domain (hereinafter referred to as “proceedings”),
either of the following happen: (a) the title to the whole or substantially all of the Leased Premises is
taken; or (b) the Leased Premises are deprived of adequate ingress or egress to or from all public streets
and highways abutting the Leased Premises, and the Lessee cannot reasonably operate upon the
remainder of the Leased Premises at the time of such taking, then this Lease will terminate as of the date
of such taking pursuant to such Proceedings. For the purpose of construing the provisions of this Article,
"Proceedings" includes any negotiated settlement of any matter involved in a condemnation; and a
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"taking" is deemed to occur when title to the Leased Premises or possession thereof is acquired by
another governmental authority, whichever first occurs.
13.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the
Leased Premises is taken in any such Proceedings and the Lessee can reasonably operate on the
remainder of the Leased Premises at the time of such taking, this Lease will not terminate. However, the
Lessee's obligation to pay rent as provided in Article III. above, will be adjusted accordingly.
13.3 All damages awarded for any taking described in this Article are the property of the Lessor.
ARTICLE XIV. Total or Partial Destruction.
14.1 If, during the term of this Lease, the Leased Premises or a substantial part thereof is destroyed or so
damaged by fire or other casualties so as to become unusable for livestock grazing purposes, then, at
Lessee’s option, the term hereby created will cease; and this Lease will become null and void from the
date of such damage or destruction; and the Lessee must immediately surrender the Leased Premises
and its interest therein to the Lessor. The Lessee must exercise such option to terminate this Lease by
notice in writing delivered to the Lessor within thirty (30) days after such damage or destruction. The
Lessee will continue to be liable to the Lessor for all rent accruing up to the date of termination of this
Lease. If the Lessee does not elect to terminate this Lease, this Lease will continue in full force and
effect.
14.2 If the Leased Premises are only slightly injured by fire or the elements so as not to render the same
unusable for livestock grazing purposes, then the Lessor will repair the same with all reasonable speed.
Lessee is not entitled to any compensation or off-set from or claim against the Lessor for any
inconvenience or annoyance arising from the necessity of repairing any portion of the Leased Premises,
however the necessity may occur.
ARTICLE XV. Holding Over.
15.1 Any holding over after the expiration of the term of this Lease or any extended term thereof, with the
written consent of the Lessor, will be construed as a tenancy from month-to-month on the same terms
and conditions herein specified and at the same rental provided for herein.
ARTICLE XVI. Default of Lessee.
16.1 If any one or more of the following events (hereinafter referred to as “an event of default”) happens:
(a) The Lessee defaults in the due and punctual payment of the rent or any other amounts required
to be paid hereunder and such default continues for ten (10) days after the receipt of written notice
from the Lessor; or
(b) The Lessee neglects or fails to perform or observe any of Lessee’s obligations hereunder and the
Lessee fails to remedy the same within thirty (30) days after the Lessee receives written notice
from the Lessor specifying such neglect or failure (or Lessee fails to begin such cure within said
thirty (30) days and proceed with due diligence to complete said cure when the default if it is of
such a nature that it cannot be cured within said thirty (30) day period); or
(c) The Lessee: (i) is adjudicated as bankrupt or insolvent; (ii) files a petition in bankruptcy or for
reorganization or for the adoption of an arrangement under the Bankruptcy Act (as now
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constituted or in the future amended); or (iii) makes an assignment of its property for the b enefit
of its creditors; or
(d) The Lessee neglects or fails to perform or observe any of Lessee’s obligations under this Lease
within one hundred and eighty (180) days after prior notice of any such neglect or failure, whether
or not such prior neglect or failure was remedied within the time period provided in subparagraph
(a) or (b), above.
Then, and in any one or more such events of default, the Lessor has the right, at its election and while
any such event of default continues, to give the Lessee written notice of its intention to terminate this
Lease on the date of such given notice or any later date specified therein; and on such specified date,
the Lessee's right to possession of the Leased Premises will cease; and this Lease will thereupon be
terminated. The Lessor may then re-enter and take exclusive possession of the Leased Premises or any
part thereof and repossess the same as the Lessor's former estate and expel the Lessee and those
claiming through or under the Lessee and remove the property and effects of both or either (forcibly, if
necessary) without being deemed guilty of any manner of trespass and without prejudice to any remedies
for arrearages of rent or preceding breaches of covenants.
16.2 Alternatively, the Lessor may elect if an event of default occurs not to terminate this Lease, but the Lessor
will still have the right to elect to retake exclusive possession of the Leased Premises by evicting the
Lessee if the Lessee has not otherwise abandoned the Leased Premises. In the event the Lessor elects
to so take exclusive possession, the Lessee will not be relieved of its obligations and liabilities under the
Lease, all of which will survive such repossession. In the event of such repossession, the Lessee must
pay to the Lessor as current liquidated damages:
A. The then value of the rent and other sums as herein provided which would be payable if such
repossession had not occurred; less
B. The net proceeds, if any, of any reletting of the Leased Premises after deducting all of the Lessor's
expenses in connection with such reletting, including, without limitation, all repossession costs,
brokerage commissions, legal expenses, attorneys fees, expenses of employees, and necessary
alteration costs and expenses in preparation of such reletting.
The Lessee must pay such damages to the Lessor within thirty (30) days after receiving written notice
from the Lessor of such damages. If the Lessor must commence any action or proceeding to collect the
foregoing amounts, or to enforce any other obligation of the Lessee under this Lease, the Lessor will be
entitled to reimbursement for all costs and expenses and legal fees incurred in said matter, including
reasonable attorney’s fees.
ARTICLE XVII. Attorneys’ Fees.
17.1 The Lessee agrees to pay and indemnify the Lessor against all legal costs and charges, including
attorneys’ fees, lawfully and reasonably incurred in obtaining possession of the Leased Premises after
default of the Lessee or termination of this Lease, incurred in enforcing any covenant of the Lessee herein
contained or any right granted to the Lessor, and incurred in collecting any rent, monies, or other
damages owed by the Lessee to the Lessor under this Lease.
ARTICLE XVIII. Lessee to Save Lessor Harmless.
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18.1 The Lessee covenants that it will indemnify, release and hold the Lessor, and its officers and employees,
harmless from all claims, demands, judgments, costs, and expenses, including attorneys’ fees, arising
out of any accident or occurrence causing injury to any person or property whomsoever or whatsoever
due directly or indirectly to the use or neglect of the Leased Premises or any part thereof by the Lessee
and its officers, agents, employees, licensees, and invitees or any entity or person (and their officers,
agents, employees, licensees, and invitees) holding under the Lessee, unless such accident or
occurrence results solely from the tortious misconduct or negligent act or omission on the part of the
Lessor, or its officers and employees; and the Lessee will indemnify and hold harmless the Lessor, and
its officers and employees, from all damages and all penalties arising out of any failure of the Lessee, in
any respect, to comply with all of the requirements and provisions of this Lease; and the Lessee
covenants that the Lessee will keep and save the Lessor, and its officers and employees, and the Lessor's
interest in and unto the Leased Premises forever harmless from any penalty, damage, or charge imposed
by any violation of any laws, whether occasioned by an act or omission of the Lessee, or by another or
others in the Leased Premises holding under or through the Lessee. In addition, the Lessor, and its
officers and employees, will not be liable to the Lessee for any livestock injuries or deaths, regardless of
cause, incurred in connection with such livestock grazing upon the Leased Premises under this Lease,
unless such injuries or deaths result from a negligent act or omission of the Lessor. However, any liability
of the Lessor, or of its officers and employees, to the Lessee is subject to all the defenses, immunities,
and limitations of the Colorado Governmental Immunity Act (Section 24-10-101, et seq.) and to any other
defenses, immunities, and limitations to liability available to the Lessor, and its officers and employees,
under the law.
ARTICLE XIX. Notices.
19.1 Any notice or other communication given by either party to the other relating to this Lease must be hand-
delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial
courier, addressed to such other party at its respective addresses set forth below; and such notice or
other communication will be deemed given when so hand-delivered or three (3) business days after so
mailed, or the next business day after being deposited with an overnight commercial courier:
If to the Lessor:
Director of Plant Operations Water Reclamation and Biosolids Manager
Attn: Jason Graham
3036 Environmental DR
Fort Collins, CO 80525
With a copy to:
City of Fort Collins
Real Estate Services
300 LaPorte Ave.
P.O. Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
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If to the Lessee:
Natural Fort Grazing, Ltd.
34528 WCR 74
Briggsdale, CO 80611
ARTICLE XX. Hazardous Material.
20.1 As used herein, the term “Hazardous Material” means any hazardous or toxic substance, material, or
waste which is or becomes regulated by any local governmental authority, the State of Colorado or the
United States Government. The term “Hazardous Material” includes, without limitation, any material or
substance that is: (i) defined as a “hazardous substance” under applicable state law provisions; (ii)
petroleum; (iii) asbestos; (iv) designated as “hazardous substance” pursuant to Section 311 of the
Federal Water Pollution Control Act (33 U.S.C. Section 1321); (v) defined as “hazardous waste” pursuant
to Section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi)
defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a “regulated
substance” pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage
Tanks) (42 U.S.C. Section 6991).
20.2 The Lessee must not cause or permit any Hazardous Materials to be brought upon, kept, or used in or
about the Leased Premises by the Lessee, its officers, agents, employees, contractors, licensees, or
invitees, without the prior written consent of the Lessor (which the Lessor will not unreasonably withhold
as long as the Lessee demonstrates to the Lessor's reasonable satisfaction that such Hazardous Material
is necessary or useful to the Lessee's operation; that it will be used, kept, and stored in a manner that
complies with all laws regulating any such Hazardous Material and will protect and preserve the Leased
Premises and any other property in a safe and environmentally sound condition; and that the Hazardous
Material will not materially interfere with the Lessor's use of the Leased Premises or cause damage to
said Leased Premises.) If the Lessee breaches the obligation stated in the preceding sentence, or if the
presence of Hazardous Material on the Leased Premises caused or permitted by the Lessee results in
contamination of the Leased Premises or if contamination of the Leased Premises by Hazardous Material
otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then
the Lessee will indemnify, defend, and hold the Lessor, and its officers and employees, harmless from
any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without
limitation, diminution in value of the Leased Premises, damages for the loss or restriction on use of the
Leased Premises, and sums paid in settlement of claims, attorneys fees, consulting fees, and expert
fees), which arise during or after the Lease term as a result of such contamination. Lessee’s
indemnification of the Lessor includes, without limitation, any costs incurred in connection with any
investigation of site conditions or any clean-up, remedial, removal, or restoration work required by any
federal, state, or local governmental agency or political subdivision because of Hazardous Material
present in the soil or ground water on or under the Leased Premises. Without limiting the foregoing, if
the presence of any Hazardous Material on the Leased Premises caused or permitted by the Lessee
results in any contamination of the Leased Premises, the Lessee must promptly take all actions at its
sole expense as are necessary to return to the Leased Premises to the condition existing prior to the
introduction of any such Hazardous Material to the Leased Premises; provided that Lessee will first obtain
the Lessor's written approval of such action, which approval will not be unreasonably withheld so long as
such action would not potentially have any material adverse effect on the Leased Premises or the
Lessor's use of the Leased Premises.
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ARTICLE XXI. Time of the Essence.
21.1 Time is of the essence of this Lease and each and every provision hereof.
ARTICLE XXII. Access and Use By Lessor.
22.1 The Lessor, and its officers, employees, and any other person properly authorized by the Lessor, shall
at all times retain the right to enter upon and use the Leased Premises for any purpose.
ARTICLE XXIII. Range Management and Conservation Programs.
23.1 The Lessor and the Lessee agree to establish and operate a Range Management Advisory Committee
(hereinafter referred to as “the Committee”) for the purpose of enhancing communications between the
Lessor and the Lessee in connection with their respective performance under this Lease and to provide
assistance and recommendations concerning matters arising under this Lease. The Committee will
review and make recommendations regarding range management and conservation matters, including,
but not be limited to: (a) recommendations to Lessor on grazing related issues; (b) assistance in creating
a ranch improvement plan and schedule to help the Lessor address long-range planning issues; (c)
assistance in development of land management practices in the areas of vegetative diversity,
conservation of threatened and endangered species and noxious plant management; and (d) working
with the Colorado Division of Wildlife to help maintain wildlife populations at sustainable levels to match
existing forage conditions, and other conservation plans and programs.
24.1 The Lessor reserves the right to identify additional conservation values that warrant additional
management actions, e.g. using fence to control access to riparian areas, exclusion of or controlled
access to areas of unique vegetation, or the permittance of prairie dog colonies to expand. Impacts of
such management actions on the AUMs available to the Lessee will be identified via the Committee.
24.2 The Lessee agrees to cooperate with the Lessor in connection with the development of the Grazing Plan
for the Leased Premises, as described in Section 4.3, for research programming and evaluation related
to range management and restoration and conservation of plant and animal species and resource
protection, during the term of this Lease.
23.3 To support range management evaluation and research efforts, and to provide consulting expertise to
Lessee in connection with Lessee’s development of the Grazing Plan, monitoring and management of
range conditions and the time and pattern of grazing rotations based on range and weather conditions,
the Lessee may hire, at the Lessee's cost, a range management expert.
23.4 To support MSR range management and conservation efforts, the Lessor will hire at the Lessor’s cost a
range management specialist. The Lessor reserves the right to have final say on amount of AU’s
permitted on MSR and length of grazing season annually.
23.5 Prior to commencing livestock grazing on the Leased Premises, the Lessor’s range management expert
shall submit a written report to the Lessee evaluating current range conditions and recommending a date
to initiate livestock grazing (but not before May 15), and a draft Grazing Plan for Lessee’s review. Further
written evaluations to the Lessee from said expert shall be due on July 15 and September 15 of each
year of the term of this Lease. The September 15 evaluation shall include a recommended date for the
cessation of livestock grazing for that grazing season.
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23.6 On or before December 31 of each year of the term of this Lease, the Lessor shall submit a preliminary
report to the Lessee on the outcomes and results of the recommended Grazing Plan and the condition
of grazing range, and other property conditions that have resulted from the implementation of the Grazing
Plan during the annual term of the Lease (a “Range Report”). The final Range Report regarding each
grazing season under this Lease shall be due to the Lessee no later than March 1 of the succeeding
year.
ARTICLE XXIV. "AS-IS" Nature of Leased Premises.
24.1 The Lessee acknowledges and agrees that the Lessor has not made, does not make, and specifically
negates and disclaims any representations, warranties, promises, covenants, agreements, or guarantees
of any kind or character whatsoever, whether expressed or implied, oral or written, past, present, or
future, of, as to, concerning or with respect to the Leased Premises and; (a) the value, nature, quality, or
condition of the Leased Premises, including, without limitation, the water, soil, and geology of the Leased
Premises; (b) the income to be derived from the Leased Premises; (c) the suitability of the Leased
Premises for any and all activities and uses which the Lessee may conduct thereon including the grazing
of livestock; (d) the compliance of or by the Leased Premises or its operation with any laws, rule s,
ordinances, regulations of any applicable governmental authority or body; (e) the habitability,
merchantability, marketability, profitability, or fitness for a particular purpose of the Leased Premises; (f)
the manner or quality of the construction or materials, if any, incorporated into the improvements located
on the Leased Premises; (g) the manner, quality, state of repair or lack of repair of the improvements
located on the Leased Premises; or (h) any other matter with respect to the Leased Premises and the
improvements located thereon, and specifically, that the Lessor has not made, does not make and
specifically disclaims any representations regarding compliance with any environmental protection,
pollution, or land use laws, rules, regulations, orders, or requirements, including solid waste, as defined
by the U.S. Environmental Protection Agency regulated at 40 C.F.R., Part 261, or the disposal or
existence, in or on the Leased Premises, of any hazardous substance, as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and regulations
promulgated thereunder. The Lessee further acknowledges and agrees that having been given the
opportunity to inspect the Leased Premises, and the improvements located thereon, the Lessee is relying
solely on its own investigation of the Leased Premises and not on any information provided or to be
provided by the Lessor. The Lessee further acknowledges and agrees that any information provided or
to be provided with respect to the Leased Premises was obtained from a variety of sources and that the
Lessor has not made any independent investigation or verification of such information and makes no
representations as to the accuracy or completeness of such information. The Lessee agrees that the
Lessor is not liable or bound in any manner by any verbal or written statements or representations, or
information pertaining to the Leased Premises, or the improvements located thereon, or the operation
thereof, furnished by any real estate broker, agent, employee, servant, or other person. The Lessee
further acknowledges and agrees that to the maximum extent permitted by law, the lease of the Leased
Premises as provided herein is made on an “AS-IS” condition and basis with all faults. It is understood
and agreed that the rent provided for under this Lease and any other consideration provided by the
Lessee under this Lease has been adjusted and taken into consideration by the Lessee to reflect that all
of the Leased Premises is being leased by the Lessee from the Lessor subject to the foregoing.
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ARTICLE XXV. General Provisions.
25.1 Words of the masculine gender include the feminine and neuter gender; and when the sentence so
indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and
vice versa.
25.2 This Lease is to be construed according to its fair meaning and as if prepared by both parties hereto and
is deemed to be and contain the entire understanding and agreement between the parties hereto. There
shall be deemed to be no other terms, conditions, promises, understandings, statements, or
representations, expressed or implied, concerning this Lease unless set forth in writing and signed by
both of the parties hereto.
25.3 The Article headings used herein are for convenience of reference only and in no way define or limit the
scope or intent of any provision under this Lease.
25.4 Subject to the provisions hereof, the benefits of this Lease and the burdens hereunder inure to and a re
binding upon the parties hereto and their respective heirs, administrators, successors, agents and
permitted assigns.
25.5 This Lease will be governed by and its terms construed under the laws of the State of Colorado. Any
judicial proceedings commenced by either party to enforce any of the obligations, covenants, and
agreements contained herein, must be commenced in the Larimer County District or County Courts.
25.6 Nothing contained herein is deemed or should be construed by the parties nor by any third party as
creating the relationship of principle and agent or a partnership or a joint venture between the parties, it
being agreed that none of the provisions set forth herein nor any acts of the parties will be deemed to
create a relationship between the parties other than the relationship of lessor and lessee.
25.7 Failure of the Lessor to exercise any right or rights accruing to it by virtue of the Lessee's breach of any
covenant, condition, or agreement herein does not operate as a waiver of the exercise of such right or
rights in the event of any subsequent breach by the Lessee, nor will the Lessee be relieved thereby from
its obligations under the terms of this Lease.
25.8 This Lease is made for the sole and exclusive benefit of the Lessor and the Lessee, their successors and
assigns, and it is not made for the benefit of any third party.
25.9 The remedies of the Lessor under this Lease are cumulative; no one of them should be construed as
exclusive of any other or of any other remedy provided by law.
25.10 The Lessor reserves the right to grant to any third party such easements and rights-of-way as it desires
over, across, and under portions of the Leased Premises and to lease all or any portion of the Leased
Premises to any other third party so long as such easements, rights-of-way, and leases do not
unreasonably interfere with the Lessee's continuing use of the Leased Premises as provided in this
Lease.
25.11 No act or thing done by the Lessor or the Lessor's officers or employees during the term hereof will be
considered as an acceptance of the surrender of the Leased Premises, and no agreement to accept such
surrender will be valid unless in writing signed by the Lessor.
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25.12 The Lessee, upon the expiration or termination of this Lease, either by lapse of term or otherwise, agrees
to peacefully surrender to the Lessor the Leased Premises, including the improvements located thereon
together with any alterations, additions, and changes made to such improvements by the Lessee during
the term of this Lease, in good repair, as hereinabove provided, except for acts of God, ordinary wear,
and damage by fire or other casualty not caused by the negligence of the Lessee or anyone under the
Lessee's control.
25.13 The Lessee acknowledges and agrees that the Lessee has not relied upon any statements,
representations, agreements, or warranties except such as they are expressed herein.
25.14 If any covenant, condition, or provision of this Lease is held to be invalid by final judgment of any court
of competent jurisdiction, the invalidity of such a covenant, condition, or provision will not in any way
affect any of the other covenants, conditions, or provisions of this Lease, provided that the invalidity of
any such covenant, condition, or provision does not materially prejudice either the Lessee or the Lessor
in their respective rights and obligations under the valid covenants, conditions, and provisions of this
Lease.
25.15 To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations,
and rights set forth herein survive and will not be affected by the expiration or termination of this Lease.
25.16 The parties acknowledge that certain items of personal property may now be located on the Leased
Premises. The Lessor makes no representations or warranties regarding its ownership of any such items
of personal property or regarding the condition of such items. The parties hereto acknowledge that the
said items of personal property located on the Leased Premises and within the improvements located on
the Leased Premises may belong to third parties. The Lessee agrees to indemnify and hold harmless
the Lessor, and its officers and employees, from and against any liability for any improper use or
disposition by the Lessee of any items of personal property belonging to third parties.
25.17 Neither the Lessor nor the Lessee will be deemed in violation of this Lease if prevented from performing
any of their respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes,
shortage of energy or materials, acts of God, acts of public enemies, acts of superior governmental
authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which they
are not responsible or that are not within their control.
25.18 This Lease will not be recorded. However, at the request of the Lessee, the Lessor and the Lessee will
execute a memorandum of lease for recording, containing the names of the parties, the legal description
of the Leased Premises, the term of the Lease and such other information as the parties mutually agree
upon.
25.19 The obligations of the Lessor to commit or expend funds after calendar year 2020 are subject to and
conditioned upon the annual appropriation of funds sufficient and intended to carry out said obligations
by Lessor’s City Council, in its sole discretion. If the City Council does not appropriate funds necessary
to carry out any such obligations, the Lessor will notify the Lessee promptly of such non-appropriation. If
such non-appropriation results in a material impairment of Lessee’s right hereunder, the Lessee may
terminate the lease, with no further recourse against the Lessor, by providing thirty (30) days written
notice to Lessor. If Lessee does not exercise this termination right within sixty (60) days of receiving
Lessor’s notice of said non-appropriation, then Lessee waives its right to terminate the Lease pursuant
to this section.
A
Packet Pg. 217 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 17 of 20
IN WITNESS WHEREOF the parties hereto have caused this Lease to be executed the day and year first
above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:_____________________________
Darin A. Atteberry, City Manager
ATTEST:
_________________________
City Clerk
_________________________
[Print name]
APPROVED AS TO FORM:
_________________________
Assistant City Attorney
__________________________
[Print name]
LESSEE: NATURAL FORT GRAZING, LTD.
By:____________________________________
Printed Name:
Title:
A
Packet Pg. 218 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 18 of 20
EXHIBIT A
Legal Description and Depiction of Leased Premises
The City of Fort Collins is the owner of certain real property located in (Sections 6, 19, 29, 30 and 32 in
Township 10 North, Range 67 West; Sections 6, 18, 30, 32 in Township 11 North, Range 67 West; Sections
20, 29, 30 and 31 in Township 12 North, Range 67 West; Sections 1, 2, 3, 11 and 12 in Township 10 North,
Range 68 West; Sections 1, 2, 8, 10, 12, 13, 16, 18, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36 in Township
11 North, Range 68 West; Sections 25, 26, 27, 34, 35 and 36 in Township 12 North, Range 68 West;) in
Larimer and Weld Counties, State of Colorado and referenced in the following documents:
Reception No. 19900057985 recorded December 17, 1990 in the records of the Larimer County Clerk
and Recorder and re-recorded to correct the legal description at Reception No. 1991006161 in the
records of the Larimer County Clerk and Recorder; and
Reception No. 19930091867 recorded December 3, 1993 in the records of the Larimer County Clerk
and Recorder; and
Reception No. 02362991 recorded December 7, 1993 in the records of the Weld County Clerk and
Recorder; and
Reception No. 20030026430 recorded March 4, 2003 in the records of the Larimer County Clerk and
Recorder; and
Reception No. 20030057523 recorded May 12, 2003 in the records of the Larimer County Clerk and
Recorder; and
Reception No. 20060053555 recorded July 18, 2006 in the records of the Larimer County Clerk and
Recorder; and
Reception No. 20070034998 recorded May 9, 2007 in the records of the Larimer County Clerk and
Recorder
EXCEPT those portions of property conveyed in the following documents:
Reception No. 3317455 Recorded August 29, 2005 in the records of the Weld County Clerk and
Recorder; and
Reception No. 2001054605 recorded July 5, 2001 in the records of the Larimer County Clerk and
Recorder.
A
Packet Pg. 219 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 19 of 20
EXHIBIT A continued
A
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Grazing Lease
9064 Meadow Springs Ranch Grazing Lease Page 20 of 20
EXHIBIT B
Form of Residential Lease
A
Packet Pg. 221 Attachment: Exhibit A (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 1 of 11
RESIDENCE LEASE AGREEMENT
THIS RESIDENCE LEASE AGREEMENT (“Lease”) is made and entered into this day
of ____________, 2020, by and between THE CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, ("Landlord"), and NATURAL FORT GRAZING, LTD, ("Tenant").
RECITALS:
A. The Landlord is the owner of certain real property in the City of Fort Collins located at 62000
NE Frontage Road, Carr, Colorado 80612, consisting of a residence (known as the Ranch
Headquarters house), outbuildings and pasture as depicted on attached Exhibit “A”
(“Premises”).
B. The Tenant desires to lease the Premises for residential purposes for housing a ranch
manager, who is an officer or employee of Tenant, and his or her immediate family
(“Occupant”).
C. On__[DATE]____, City Council approved Resolution 2020 ______ which authorized the
leasing of the Premises for up to ten (10) years.
NOW THEREFORE, for and in consideration of the mutual covenants and obligations
herein expressed, and the monetary payment recited below, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1. Premises. The Landlord hereby leases the Premises to the Tenant and the Tenant hereby
lease the Premises from the Landlord. Rental of the Premises is also subject to the following
attached Riders. Any that are checked are incorporated into this Lease by reference:
☒ Pets
☒ Horses
☐ Special Terms and Conditions
In the event of a conflict between this Lease and a Rider, the language of the Rider will
control.
2. Term and Termination. The term of this Lease is for a period of one (1) year commencing
at 12 Noon on January 1, 2021 and terminating at 12 Noon on December 31, 2021. At the
Landlord’s sole option, this lease can be extended for up to nine (9) additional and
successive one (1) year periods. Any holding over after the expiration of the term of this
Lease, with the consent of the Landlord, shall be construed to be a tenancy from month-to-
month on the same terms and conditions herein specified and at the same rent provided for
herein. Either party may cancel this Lease at will, without default, upon thirty (30) days
advanced written notice.
3. Rent. As rent for the Premises, Tenant must pay to the Landlord, in advance on the first
day of each month, the sum of One Thousand Dollars ($1,000.00) per month, with late rent
payments subject to a penalty of two percent (2%) of the late payment amount, due and
payable immediately. Tenant will make all rent payments to the Landlord at such place as
the Landlord may, from time to time, designate in writing. For the present, the Landlord
EXHIBIT B B
Packet Pg. 222 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 2 of 11
designates Real Estate Services, 300 Laporte Avenue, Building B, P.O. Box 580, Fort
Collins, CO 80522, as the place for making rent payments. Rent payments must be in legal
tender of the United States. Extensions of time for the payment of any installment of rent
shall not be a waiver of the Landlord’s right to insist on having all other payments of rent
made in the manner and at the time herein specified.
4. Security Deposit. The total Security Deposit is $1,000.00, which Tenant must pay to
Landlord upon execution of this Lease. The Landlord is not required to pay interest to the
Tenant on this Deposit. Landlord will hold the Security Deposit as a guarantee that the
Tenants will perform all covenants of this Lease, including prompt payment of rental and
utility charges when due. The Landlord shall have the right to apply all or part of the Deposit
to any delinquent rent or utility charges to the Premises but is not obligated to. The Landlord
will refund the Deposit or balance thereof, after deduction for damages or past rent or utility
charges, only on termination of this Lease after inspection by the Landlord and after all
personal property of Tenant has been removed. If Landlord finds, in its discretion, that the
Tenant is not in default of the performance of the covenants or conditions of this Lease, the
Landlord will return the Deposit within 60 days of vacancy. The Landlord will not apply the
Deposit to the last month’s rent.
5. Permissible Uses of Premises. Tenant agrees to use and occupy the Premises only for the
purpose of residential housing for the Occupant and for ancillary uses associated with said
use, and for no other purpose whatsoever without the prior written consent of the Landlord.
Tenant shall ensure that Occupant complies with all terms and conditions of this Lease.
6. Repairs and Maintenance.
A. The Tenant must, at its sole expense, keep the Premises in a clean, orderly and safe
condition, and free of litter, debris, and any unsightly or dangerous condition as required
by the ordinances, resolutions, statutes and health, sanitary and police regulations of
the City of Fort Collins. Unless otherwise stated in a Rider, the Tenant is responsible
for mowing the yards on the Premises.
B. The Landlord, during the term of the Lease, will keep and maintain the Premises,
including without limitation, the structural support, roof, plumbing/electrical, kitchen
range, windows, and exterior walls in good condition, working order and repair. The
Landlord is responsible for heating system maintenance and repair. Any repairs, other
than normal wear and tear, required because of damage caused by the Tenant will be
the responsibility of the Tenant.
C. The Tenant must, upon termination of this Lease, restore the Premises to the condition
they were in at the time Tenant first occupied the Premises, normal wear and tear
excepted.
7. Conduct.
A. Noise: Tenant and Occupant must avoid and prevent household or other noise in or on
the Premises that could interfere with, disturb, or otherwise negatively affect adjoining
properties.
B. Chickens and Goats: Tenant and Occupant may not keep chickens or goats on the
Premises.
B
Packet Pg. 223 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 3 of 11
C. Smoking: The Premises are rented as smoke-free and Tenant agree not to smoke any
substance in or near the Premises and to insure that the Occupant and Tenant’s and
Occupant’s guests adhere to the non-smoking policy.
D. Marijuana: The possession, consumption or cultivation of marijuana plants or products,
including hydroponic cultivation, is prohibited on the Premises.
E. Illegal Activity: Tenant shall neither commit nor permit Tenant’s or Occupant’s
employees, invitees or guests to commit on the Premises any violation of local, state or
federal law. Notwithstanding the provisions of paragraph 15, a default under this
subparagraph E. may, at the Landlord’s option, terminate this Lease with no right of
Tenants to cure the default prior to termination.
F. Except for pets or horses otherwise permitted under a Rider or Tenant’s lease of
Meadow Springs Ranch for grazing purposes (“Grazing Lease”), Tenant agrees to not
have or keep or allow Occupant to have or keep any pets/animals of any kind at the
Premises without prior written consent of Landlord.
8. Alterations and Improvements. Tenant shall neither make nor permit any alterations or
improvements to the building, improvements, or grounds of the Premises without prior
written consent of the Landlord. Unless otherwise provided by written agreement between
the parties, all alterations, changes and improvements built, constructed, or placed on the
Premises by Tenants or Occupant, with the exception of the fixtures removable without
damage to the Premises and movable personal property, become the property of the
Landlord upon construction and must remain on the Premises at the termination of this
Lease.
9. Assignment and Subletting. Except for use by the Occupant, the Tenant cannot assign,
sublet or grant any concession or license for use of the Premises or any part of it without
the prior written consent of the Landlord. The Landlord's consent to any given assignment,
subletting, concession or license shall not be deemed to be consent to any subsequent
assignment, sublease, concession or license. Notwithstanding the provisions of paragraph
15, any assignment, subletting, concession or license obtained without the prior written
consent of the Landlord, or an assignment or subletting by operation of law, will be void and
a default and may, at the Landlord's option, terminate this Lease with no right of Tenant to
cure the default prior to termination.
10. Dangerous Materials. Tenant must not keep, permit or have on the Premises anything of
a dangerous, inflammable or explosive character that might unreasonably increase the
danger of fire to the Premises or that might be considered hazardous or extra hazardous by
any responsible insurance company, or that may be subject to special handling or
management requirements of federal, state or local laws.
11. Utilities. The Tenant is responsible for paying for all utilities, including, but not limited to,
gas, electricity, water, sewer, propane, trash services, cable services and phone services
used by Tenant on the Premises.
12. Right of Inspection. The Landlord has the right at all reasonable times, whether or not
Tenant or Occupant is present, to enter the Premises for the purpose of inspecting the
Premises and all its buildings, grounds and improvements. The Landlord must notify the
Tenant orally or in writing in any reasonable manner at least twenty-four (24) hours prior to
B
Packet Pg. 224 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 4 of 11
such visit. This notice requirement shall not apply in the event of an emergency reasonably
requiring Landlord’s access to the Premises.
13. Total or Partial Destruction. If the Premises or any part thereof are destroyed or so damaged
by fire or other casualty as to become untenantable, then, at the option of the Landlord, the
Lease term will end. This Lease will be null and void from the date of such damage or
destruction, and the Tenant and Occupant must immediately surrender the Premises and
their interest therein to the Landlord; provided, however, that the Landlord must exercise its
option to terminate this Lease by notice in writing delivered to the Tenant within thirty (30)
days after such damage or destruction. If the Landlord does not elect to terminate, this
Lease will continue in full force and effect, and the Landlord will repair the Premises with all
reasonable speed, restoring the Premises to as good a condition as they were in at the time
of the damage or destruction, and Landlord may enter the Premises for that purpose. In
either event, the Tenant must remove all rubbish, debris, furniture, furnishings, equipment
and other items of personal property within five (5) days after the Landlord requests it. If
the Premises are only slightly injured by fire or the elements so as to not render them
untenantable and unfit for occupancy, then the Landlord will repair the Premises with all
reasonable speed. The Tenant and Occupant will have no claim for compensation or
otherwise against the Landlord because of any inconvenience or annoyance arising from
the necessity of repairing any portion of the Premises, however the necessity may occur.
Even if Landlord does elect to terminate the Lease pursuant to this Paragraph, that will not
cause termination of the Grazing Lease, and Tenant shall be excused from the Grazing
Lease’s requirement that Tenant occupy the Ranch Headquarters house.
14. Surrender of Premises. At the expiration or termination of this Lease term or any renewal
term, the Tenant agrees to quit and surrender the Premises in as good a state and condition
as they were in at the time of commencement of this Lease, reasonable wear and tear and
damages by the elements excepted. Tenant must remove all personal property or
improvements not owned by Landlord. If Tenant fails to remove said personal property
before vacating the Premises, the Tenant hereby grants the Landlord the absolute right to
keep, convey, destroy, or otherwise dispose of such property in any manner Landlord
chooses, and Tenant agrees to pay any net costs incurred by Landlord in doing so within
ten (10) days of receipt of Landlord’s statement of costs therefor. The Tenant also agrees
to reimburse the Landlord for any repairs to the Premises required due to the
Tenant’s/Occupant’s occupancy of the Premises.
15. Default.
A. If Tenant defaults in the payment of rent, or any part thereof, at the times rent is due, or
if Tenant or Occupant defaults in the performance of or compliance with any term,
provision or condition of this Lease, the Landlord may give the Tenant written notice of
such default. For a default in the payment of rent, Tenant will have ten (10) days from
the receipt of such notice to pay the full amount due and owing. For a default in the
performance of any other provision of this Lease besides the payment of rent, Tenant
will have twenty (20) days from the receipt of such notice to correct the default or to take
action reasonably likely to correct the default within a reasonable time. If the Tenant
does not correct the default within the appropriate time period (or do not diligently pursue
actions to correct the default in a reasonable time, if the default cannot be corrected
within the required time period), then this Lease, at the option of the Landlord, will be
terminated and forfeited, and the Landlord may reenter the Premises and remove all
persons and property therefrom.
B
Packet Pg. 225 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 5 of 11
B. If the Tenant has previously been sent a notice of default as described in subsection A.
above requiring compliance with a term, provision or condition of this Lease, and
subsequently the Tenant defaults in the performance of the same term, provision or
condition, then the Landlord need not provide Tenant with an opportunity to cure the
subsequent default, but may, in its sole discretion, terminate this Lease upon no less
than ten (10) days’ notice to the Tenant, and the Landlord may reenter the Premises
and remove all persons and property therefrom.
16. Insurance. The Tenant, at its sole cost and expense, must, during the term of this Lease,
procure, pay for and keep, or require Occupant to procure, pay for and keep, in full force
and effect, a policy of renter’s property insurance covering all of the Tenant’s and
Occupant’s equipment, appliances, furniture, furnishings and personal property from time to
time in, on or upon the Premises.
17. Indemnification. Tenant agrees to indemnify and hold harmless the Landlord against all
damages, claims, liabilities for injury or damage to person or property whenever and by
whoever brought and causes of action arising from or in any way relating to the Tenant’s
possession or use of the Premises.
18. Notices. Any notice by either party to the other must be in writing and shall be deemed to
be duly given only if delivered personally, sent by overnight commercial courier, or mailed
by registered mail in a postage prepaid envelope addressed to the parties as follows:
Tenants:
Natural Fort Grazing, Ltd.
34528 WCR 74
Briggsdale, CO 80611
Landlord:
City of Fort Collins
Director of Plant Operations Water Reclamation and Biosolids Manager
Attn: Jason Graham
3036 Environmental DR
Fort Collins, CO 80525
With Copy to:
City of Fort Collins
Real Estate Services
300 LaPorte Ave.
P.O. Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
Where permitted by law, Landlord may also deliver notice to Tenant by posting in a
conspicuous place on the Premises.
B
Packet Pg. 226 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 6 of 11
19. Conditions of the Lease. The Landlord and Tenant further agree as follows:
A. Each and every requirement or condition of this Lease is material and failure to comply
will constitute a default hereunder.
B. This Lease may not be enlarged, modified, or altered except in a writing, signed by all
parties, as an amendment hereto.
C. No waiver of any breach of this Lease shall be held or construed to be a waiver of any
subsequent breach thereof.
D. Time is of the essence in the performance of the obligations under this Lease.
E. The covenants and conditions of this Lease apply to and bind the heirs, legal
representatives, and assigns of the parties hereto and all covenants are to be construed
as conditions of this Lease.
F. If either party must resort to legal action to enforce the terms of this Lease, the
substantially prevailing party is entitled to an award of its costs and reasonable legal
fees reasonably incurred, including attorney’s fees.
20. Counterpart Signatures. This Lease may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same Lease. Signature pages may be delivered by facsimile copy or e-mailed as a pdf file.
Facsimile and pdf signatures are binding on the parties as if they were originals.
B
Packet Pg. 227 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 7 of 11
IN WITNESS WHEREOF, the parties hereto have signed this Lease the day and year first written
above.
LANDLORD:
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: __________________________________
Darin A. Atteberry, City Manager
ATTEST:
City Clerk
_______________________
[Print name]
APPROVED AS TO FORM:
Assistant City Attorney
_______________________
[Print name]
TENANT:
NATURAL FORT GRAZING, LTD.
________________________________
Justin Story, President
Attachments:
1. Riders (if applicable)
2. Lead-Based Paint Disclosure
3. Occupancy Limits Disclosure
B
Packet Pg. 228 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 8 of 11
ATTACHMENT 1
CITY OF FORT COLLINS RESIDENTIAL LEASE RIDERS
PET RIDER
1. Tenant is permitted to have the following pets owned by the Tenant’s ranch manager
(“Occupant”) on the Premises: up to four (4) dogs and up to two (2) cats. Cats are not
allowed in the house. Occupant currently keeps 2 dogs and 2 cats on the Premises, and
Tenant will notify Landlord if that number changes.
HORSE RIDER
1. Tenant may use the Premises for boarding of up to six (6) horses owned by Tenant or
Occupant, which number Landlord may adjust during the term if the circumstances
require more horses. Tenant and Occupant may not board any additional horses not
owned by Tenant or Occupant. Occupant currently keeps 6 horses on the Premises, and
Tenant will notify Landlord if that number changes.
2. Tenant is responsible for any and all damage, injury, claim or causes of action resulting
from or related to the presence of Tenant’s or Occupant’s horses and boarded horses on
the Premises. Tenant is responsible for maintaining all fences, enclosures and other
facilities and for mowing any pasture areas on the Premises. Tenant hereby waives any
claim whatsoever that it has or may in the future have against the Landlord in connection
with the presence of Tenant’s or Occupant’s horses or boarded horses on the Premises.
3. Tenant agrees to the following additional conditions for keeping horses on the Premises:
A. No smoking in the barns, stalls, or in the pastures.
B. No intoxicated individuals are allowed in the barns, horse shelters or in the pastures.
C. Guests are sole responsibility of Tenant and Tenant will be held liable for all actions
of and damage caused by guest(s).
D. Landlord is not responsible for any injury, sickness or death to horses boarded on
Premises.
E. Tenant is responsible for any damage caused by horses.
F. The Landlord is entitled to impose a lien on any personal property of Tenant located
on the Premises, including any horses owned by the Tenant, for unpaid fees or
charges hereunder. Tenant hereby acknowledge and agree that in the event such a
lien is imposed, the Landlord may sell or otherwise dispose of any horses in the
Landlord’s sole discretion, and the proceeds from the same shall be applied towards
Tenant’s unpaid obligations hereunder.
B
Packet Pg. 229 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 9 of 11
ATTACHMENT 2
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
AND/OR LEAD-BASED PAINT HAZARDS
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose
health hazards if not managed properly. Lead exposure is especially harmful to young children and
pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-
based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally
approved pamphlet on lead poisoning prevention.
Lessor’s Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) ____ Known lead-based paint and/or lead-based paint hazards are present in the housing
(explain).
____________________________________________________________________________________
____________________________________________________________________________________
(ii) ___X__ Lessor has no knowledge of lead-based paint and//or lead-based paint hazards in the
housing.
(b) Records and reports available to the lessor (check (i) or (ii) below):
(i) ____ Lessor has provided the lessee with all available records and reports pertaining to lead-
based paint and/or lead-based paint hazards in the housing (list documents below).
____________________________________________________________________________________
____________________________________________________________________________________
(ii) __X__ Lessor has no reports or records pertaining to lead-based paint and/or lead-based
paint hazards in the housing.
Lessee’s Acknowledgment (initials)
(c)_____ Lessee has received copies of all information listed above.
(d)_____ Lessee has received the pamphlet Protect Your Family from Lead in Your Home.
Agent’s Acknowledgment (initials)
(e) ____ Agent has informed the lessor of the lessor’s obligations under 42 U.S.C. 4852d and is aware of
his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that
the information they have provided is true and accurate.
Lessor: CITY OF FORT COLLINS, a Municipal Corporation
By: ________________________________________________________ _________________
Gerry Paul, Director of Purchasing Date
Lessee: NATURAL FORT GRAZING, LTD.
By: ________________________________________________________ _________________
Justin Story, President Date
B
Packet Pg. 230 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 10 of 11
ATTACHMENT 3
Neighborhood Services
281 N College Ave
PO Box 580
Fort Collins, CO 80522-0580
970-224-6046
OCCUPANCY LIMITS DISCLOSURE STATEMENT FOR PROPERTY LEASE
The City of Fort Collins Code requires that any person selling or leasing a home, apartment or other dwelling
unit must inform the buyer or renter about the maximum number of people who, by law, are allowed to
occupy that home. All parties must sign where indicated below.
The maximum permissible occupancy of this dwelling unit is:
1. One (1) family (related by blood, marriage, adoption) and not more than one (1) addition person; or
2. Two (2) adults and their dependents, if any, and not more than one (1) additional person.
3. Up to four (4) unrelated persons in a dwelling unit located in an apartment complex containing units which were approved
by the City to house four unrelated persons.
Actual signatures are required on this form. *It is required that this form be verified by electronic means OR notarize, attached to
your lease, and a copy kept at the leased property or on-site management office. The shaded areas are for notary use. If the form
is not notarized, the shaded areas should be left blank.
PROPERTY ADDRESS: 62000 NE Frontage Road, Carr, Colorado 80612
TENANT 1 Name: __________________________________ Signature: _______________________________ Date:__________
Subscribed to and affirmed before me on __/__/20__ by _________________________
Notary Public: ________________________________ State of Colorado
County of Larimer My Commission expires: _______________________
TENANT 2 Name: __________________________________ Signature: _______________________________ Date:__________
Subscribed to and affirmed before me on __/__/20__ by _________________________
Notary Public: ________________________________ State of Colorado
County of Larimer My Commission expires: _______________________
TENANT 3 Name: __________________________________ Signature: _______________________________ Date:__________
Subscribed to and affirmed before me on __/__/20__ by _________________________
Notary Public: ________________________________ State of Colorado
County of Larimer My Commission expires: _______________________
Property Owner: CITY OF FORT COLLINS, P.O. Box 580, Fort Collins, CO 80522-0580 Phone: (970)416-2669
Owner/Manager: Gerry Paul, Director of Purchasing, City of Fort Collins Phone: (970)221-6775
Signature: ______________________________________________ Date: __________________________
If requested by the City, you are required to provide this fully executed disclosure statement to the City pursuant to City Code Section 5-265(b).
Failure to properly execute and retain this statement is a civil infraction punishable by a fine of not more than $1000, in addition to any costs, fees
or surcharges assessed by a court or referee. Fines may be assessed to the owner, manager, and/or tenant(s).
B
Packet Pg. 231 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Ranch House Residential Lease
9064 Meadow Springs Ranch Grazing Lease Page 11 of 11
EXHIBIT A
B
Packet Pg. 232 Attachment: Exhibit B (9470 : Grazing Lease at Meadows Springs RESO)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Mark Sears, Natural Areas Manager
Ingrid Decker, Legal
SUBJECT
Resolution 2020-084 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County
to Implement the Laramie Foothills Expansion 2020 - Land Conservation Project.
EXECUTIVE SUMMARY
The purpose of this item is to seek Council approval of a Resolution implementing an Intergovernmental
Agreement (IGA) with Larimer County for the “Laramie Foothills Expansion 2020 - Land Conservation Project”.
The Project will conserve up to 3,533 acres in the Laramie Foothills near Soapstone Prairie Natural Area and
adjacent to Red Mountain Open Space or Roberts Ranch Conservation Easement.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The proposed conservation project builds upon the exemplary vision of the 2004 - Laramie Foothills -
Mountains to Plains Land Conservation Partnership, funded by Great Outdoors Colorado (GOCO), Legacy
Land Trust, Larimer County, City of Cheyenne, The Nature Conservancy and the City of Fort Collins. The
current effort would conserve up to 3,533 acres on up to five exceptional properties directly adjacent to Red
Mountain Open Space and Roberts Ranch Conservation Easement. (Attachment 1) This project has great
potential to serve as a catalyst for adjacent landowners who want to conserve their properties due to the
friendly relationships developed by Larimer County Department of Natural Resources and Natural Areas staff.
Larimer County and the City have identified the Laramie Foothills north of Fort Collins as a conservation
priority since 2003 and have partnered multiple times to conserve land in this area. The City’s Natural Areas
Master Plan identifies these foothills as a key conservation priority. The area supports prime wildlife habitat,
creates an essential wildlife corridor between the mountains to the west and the plains to the east and provides
public access for connection to nature. Over the past several years, the Larimer County Natural Resources
Department has worked with five landowners who are now interested in conveying their properties for
conservation. The potential conservation area includes two properties, 1,669 acres of land, that will be added
to Red Mountain Open Space. Conservation easements are being negotiated on two properties, 1,204 acres
of land, also adjacent to Red Mountain Open Space. The fifth property, 640 acres, is adjacent to the
conserved Roberts Ranch and could be conserved with a conservation easement.
As requested by Council during the December 11, 2018 work session, staff developed criteria and associated
guiding questions to address Council’s suggestions related to external land conservation partnerships.
(Attachment 2) This partnership between the County and City meets all required guidelines. It leverages the
staff and funding resources necessary to acquire the properties. In addition to City and County resources, the
partners applied to GOCO for a grant. Larimer County submitted the grant application on behalf of the
partners. In June 2020, the project was awarded $812,475 to help fund the conservation of four properties
11
Packet Pg. 233
Agenda Item 11
Item # 11 Page 2
totaling 2,893 acres. There is now a fifth property, 640 acres, being negotiated on as an additional acquisition
outside the GOCO grant.
The County is the lead on all five of the property negotiations. GOCO requires that a conservation easement
be placed upon all lands purchased in fee and the conservation easement must be held by a third party. The
County will own and manage two properties totaling 1,669 acres and the City will hold the conservation
easements. The County will hold conservation easements on the three additional properties totaling 1,864
acres. The total area conserved will be 3,533 acres (1,669 acres in fee and 1,864 acres in conservation
easement).
Property County Acquisition City Acquisition
Hawk Canyon Ranch* 1,029 Acres Fee Title Conservation Easement
West Red Mountain Ranch* 884 Acres Conservation Easement
South Red Mountain Ranch* 320 Acres Conservation Easement
Green Valley Ranch* 660 Acres Conservation Easement
Boxelder Ranch 640 Acres Fee Title Conservation Easement
* Purchased in part with GOCO funds
CITY FINANCIAL IMPACTS
The total cost is estimated to be approximately $8.4 million. The costs will be split between the partners as
shown in Exhibit D of the IGA, with the County contributing approximately $4.91 million and the City
contributing $2.65 million, which is approximately a 65% - 35% split. If any additional or unanticipated costs
arise, Larimer County will be responsible for 65% and the City will be responsible for 35%. If for any reason
the properties would be sold, exchanged, transferred, or otherwise disposed of, the net proceeds from the
disposition will be divided amongst the partners in the same proportions contributed.
PUBLIC OUTREACH
Natural Areas Department updated the Master Plan in 2014 after two years of public input. The Master Plan
identifies regional land conservation partnerships and conservation in this area as high priorities.
ATTACHMENTS
1. Project Map (PDF)
2. Administrative Partnership Policy (PDF)
3. Land Conservation and Stewardship (LCSB) Minutes - August 2020 (PDF)
11
Packet Pg. 234
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OPEN SPACE
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10,000 acres
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2016 Larimer County Aerial Imagery
Legend
Hawk Canyon Ranch (1,029 ac)
West Red Mountain Ranch (884 ac)
South Red Mountain Ranch (320 ac)
Green Valley Ranch (660 ac)
Boxelder Ranch (640 ac)
!!Trails
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Public Lands
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West Red Mountain Ranch
884 acres
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660 acres
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1,029 acres
South Red Mountain Ranch CE
320 acres
Boxelder Ranch Fee
640 acres
ATTACHMENT 1 11.1
Packet Pg. 235 Attachment: Project Map (9478 : Laramie Foothills Expansion 2020 - IGA)
Natural Areas – Administrative Policy
Land Acquisition Partnership Guidelines
Background
As requested by City Council during the December 11, 2018 work session, staff developed criteria and
associated guiding questions to address Council’s suggestions related to external land conservation
partnerships. The criteria and guiding questions will be utilized well in advance of formalizing a
partnership. If staff believes the partnership to be justified based upon the criteria and guiding questions,
a memo detailing staff’s recommendation will be presented to Council prior to moving forward. Thus, if
Council has any concerns they can be addressed well in advance of a potential transaction.
Criteria
• The acquisition must align with the land conservation priorities set forth by the Council Adopted -
City of Fort Collins 2014 Natural Areas Master Plan.
• Visitation must be free of charge if public access is allowed.
o If access fees are proposed, a staff recommendation to move forward must be explained
and justified in the report to council.
• The partner/s must have a positive track record of partnerships with the City and/or other
organizations.
• The partnership must enhance the conservation protections of the project.
• The land conservation project must leverage the parties’ resources in a manner that leads to
additional land conservation by one, or both, parties.
Guiding Questions
• Does the land conservation project align with the land conservation priorities set forth by the
Council Adopted - City of Fort Collins 2014 Natural Areas Master Plan?
• Does the partner have a positive track record of partnership with the City and or other
organizations?
• Is the project of mutual interest due to previous investments by the partners or due to its location?
• How will the land conservation project benefit citizens of Fort Collins?
• How can/should the land conservation project be funded?
o Are there grants available to help fund the project?
o Do the partners have the financial ability to participate?
• Will the financial partnership positively affect a grant application?
o Which partner is best suited to apply for and manage the grant?
• Would the land conservation project be possible without the partnership?
o If so, does the partnership leverage resources for additional conservation or partnership
opportunities?
• If the property is purchased:
o Which partner is best suited to manage the property?
• If the land is conserved with a conservation easement?
o Which partner is best suited to hold and monitor the conservation easement?
This Policy was Administratively Adopted by:
___________________________________________ ____________________________
John Stokes, Natural Areas Department Director Date
ATTACHMENT 2 11.2
Packet Pg. 236 Attachment: Administrative Partnership Policy (9478 : Laramie Foothills Expansion 2020 - IGA)
Land Conservation & Stewardship Board
Minutes Excerpt from the LCSB meeting August 12, 2020
Laramie Foothills Expansion 2020 - Inter Governmental Agreement
Mark Sears introduced Meegan Flenniken and Charlie Johnson with the Larimer County
Department of Natural Resources. Meegan provided background on the Laramie
Foothills expansion project to conserve up to five properties near or adjacent to
Soapstone Prairie Natural Area and Red Mountain Open Space funded in part by a
Great Outdoors Colorado grant. This would conserve over 3,400 acres that will expand
the Laramie Foothills-Mountain to Plains wildlife corridor protection. Meegan explained
that a portion of the funding for the project will come from a GOCO grant received in the
Spring, totaling $812,475.00
Charlie Johnson provided a brief description of the properties to be included in the IGA.
Total contribution by the City is estimated at $2.5M of the estimated total cost of $8.2M.
Larimer County will contribute $4.82M and Great Outdoors Colorado will contribute
$0.82M. The IGA outlines that the cost split will be City 35% and County 65% and any
cost overruns will be split using the same percentages.
Ray asked what the status of the IGA was and the timeframe of moving forward.
Mark hopes to present the IGA to City Council in September and the County’s intention
is to present it to the County Commission for approval prior to it going to City Council.
Ray asked why the Board had not seen the full IGA document. Mark explained that
typically NAD does not share legal documents with the Board, such as leases and
contracts. The documents are typically very lengthy, although he overall general
contents of such are shared. Mark suggested it might be beneficial if the Board sends a
generic recommendation to City Council supporting the IGA.
Vicky McLane made a motion that the Land Conservation & Stewardship Board
recommends that City Council approve the IGA for the planned acquisitions, by
fee and by conservation easement, in the Laramie Foothills Expansion Project, as
described to the Board at its meeting of August 12, 2020. The Board further
recommends that the cooperative funding split between Fort Collins and Larimer
County be maintained as originally described. Kelly Ohlson seconded the
motion. The motion was unanimously approved 8-0
ATTACHMENT 3 11.3
Packet Pg. 237 Attachment: Land Conservation and Stewardship (LCSB) Minutes - August 2020 (9478 : Laramie Foothills Expansion 2020 - IGA)
-1-
RESOLUTION 2020-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY TO IMPLEMENT THE LARAMIE FOOTHILLS
EXPANSION 2020 – LAND CONSERVATION PROJECT
WHEREAS, to meet shared land conservation goals, the City and Larimer County
(“County”) have been working together since 2003 to conserve land in the Laramie Foothills –
Mountains to Plains Conservation Area, including the Red Mountain Open Space (“Red
Mountain”) directly west of the City’s Soapstone Prairie Natural Area; and
WHEREAS, on January 21, 2020, the City Council approved Resolution 2020-009
authorizing an intergovernmental agreement between the City and Larimer County, pursuant to
which the City paid the County a portion of its costs for acquiring an inholding parcel in Red
Mountain and the County conveyed a conservation easement and a right of first refusal over the
Red Mountain inholding to the City; and
WHEREAS, Great Outdoors Colorado (GOCO) has awarded Larimer County $812,475
in GOCO grant funds for the Laramie Foothills Expansion 2020 – Land Conservation Project
(the “Project”); and
WHEREAS through the Project the County intends to acquire for conservation, in
partnership with the City, fee title and conservation easements to four additional parcels of real
property located adjacent to or near Red Mountain known as the Hawk Canyon Ranch, West Red
Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch, and hopes to acquire a
fifth parcel, Boxelder Ranch, separately from the GOCO grant (collectively, the “Ranches”); and
WHEREAS, the County proposes buying two of the Ranches totaling 1,669 acres in fee
simple to become part of Red Mountain, and acquiring conservation easements on the other three
Ranches totaling 1,864 acres; and
WHEREAS, the City wishes to collaborate with the County on the costs and
responsibilities of conserving the Ranches by splitting the acquisition costs with the County; and
WHEREAS as part of this arrangement the County would convey to the City
conservation easements (the “Conservation Easements”) on the two Ranch properties the County
purchases in fee; and
WHEREAS, the City already holds a conservation easement on the rest of Red Mountain;
and
WHEREAS, the City and County have negotiated a proposed intergovernmental
agreement regarding the Project, a draft of which is attached hereto as Exhibit “A” and
incorporated herein by reference (the “IGA”); and
Packet Pg. 238
-2-
WHEREAS, the total cost of the Project will be approximately $8.4 million: in addition
to the $812,475 in GOCO grant funds the County would contribute approximately $4.91 million
and the City would contribute approximately $2.65 million; and
WHEREAS, under the terms of the IGA the City would pay the County a portion of the
costs of acquiring each Ranch, including a portion of the due diligence costs incurred by the
County for each acquisition, and the County would convey the two Conservation Easements to
the City by separate deeds of conservation easement; and
WHEREAS, the City’s portion of the funds has already been appropriated and is
available for expenditure in the Natural Areas fund; and
WHEREAS, under the IGA the County will also grant the City a right of first refusal if
the County ever wishes to sell all or a portion of the property interests it acquires for the Project,
and the County would retain a right of first refusal if the City wishes to sell the Conservation
Easements; and
WHEREAS, if either party were to sell or transfer its interest to a third party, the City and
County would split any proceeds from that conveyance in the same proportion as their
contributions to this Project; and
WHEREAS, at its regular meeting on August 12, 2020, the Land Conservation and
Stewardship Board voted to recommend that the City Council approve the IGA; and
WHEREAS, the proposed collaboration with the County, as documented in the IGA,
meets the criteria of the Natural Areas Department’s Land Acquisition Partnership Guidelines;
and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that entering into the IGA with the County
and acquiring the Conservation Easements are in the best interests of the City.
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.
Packet Pg. 239
-3-
Section 2. That the City Council hereby authorizes the Mayor to execute the IGA,
pursuant to which the City will pay the County a portion of its costs for acquiring the Ranches,
and in exchange the County will convey to the City the Conservation Easements and a right of
first refusal over its interests in the Ranches while retaining a right of first refusal in the
Conservation Easements, in substantially the form attached hereto as Exhibit “A,” together with
such modifications and additions as the City Manager, in consultation with the City Attorney,
determines are necessary or appropriate to protect the interests of the City or further the purposes
of this Resolution, as set forth above.
Section 3. That the City Council hereby authorizes the City Manager to execute and
accept the Conservation Easements, as described in this Resolution and the IGA, and such other
instruments and documents required to complete their conveyance to the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 240
1
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE LARAMIE FOOTHILLS 2020 EXPANSION PROJECT
This Intergovernmental Agreement (Agreement) is made this ___day of _____, 2020, by and
between the CITY OF FORT COLLINS, COLORADO (the "City") and LARIMER COUNTY, COLORADO
("Larimer County").
WHEREAS, part of 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and
contract with one another to provide any function, service or facility lawfully authorized to each,
including the sharing of costs; and
WHEREAS, Larimer County has imposed a sales and use tax via the "Help Preserve Open Spaces
Initiative" for the purchase and maintenance of open space, natural areas, wildlife habitat, parks and
trails and a portion of the funds generated by said sales tax are distributed to municipalities located
within Larimer County, including the City; and
WHEREAS, the City has imposed a dedicated 0.25% sales and use tax known as "Open Space
Yes!", portions of the revenues from which are intended and available for the purchase and
maintenance of open space, natural areas, and trails; and
WHEREAS, the parties recognize through the Larimer County Natural Resources and Fort Collins
Natural Areas Master Plans that certain lands in the Laramie Foothills in northern Larimer County are
important to be conserved through various means such as fee acquisition, conservation easements, and
regulatory measures; and
WHEREAS, the parties have historically worked cooperatively in this area to conserve wildlife
habitat and provide public recreation at Red Mountain Open Space and Soapstone Prairie Natural Areas
to protect and promote the quality of life, the natural environment and the character of the region; and
WHEREAS, the Larimer County Natural Resources Department and the City of Fort Collins
Natural Areas Department share common goals in conserving land in the Laramie Foothills north of Fort
Collins, and are forming a partnership per this IGA to implement a land conservation project known as
the “Laramie Foothills 2020 Expansion Project” to conserve in fee and through conservation easements
approximately 3,533 acres of land.
WHEREAS, Larimer County was awarded in 2020, $812,475 in GOCO grant funds to acquire in
partnership with the City fee title and conservation easements to additional parcels of real property
located in the County of Larimer, State of Colorado known as the Hawk Canyon Ranch, West Red
Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch parcels (“Laramie Foothills 2020
Expansion Properties” or “Properties”), which are depicted on the overview map attached as Exhibit A
and legally described in Exhibit B and C herein; and
WHEREAS, Larimer County anticipates executing a grant agreement with GOCO in July 2020, to
accept the $812,475 in GOCO funding necessary to proceed with the City to acquire respective interests
in the Hawk Canyon Ranch, West Red Mountain Ranch, South Red Mountain Ranch, and Green Valley
Ranch, as part of the Laramie Foothills 2020 Expansion Project (the “2020 GOCO Agreement”); and
EXHIBIT A A
Packet Pg. 241 Attachment: Exhibit A (9451 : Larimer Foothills Expansion 2020 - IGA RESO)
2
WHEREAS, Larimer County anticipates acquiring through purchase of fee interests and
conservation easements, the real property described in Exhibit B, attached hereto and incorporated
herein by reference (the "County Acquisitions"); and
WHEREAS, GOCO requires a conservation easement to be placed upon all parcels acquired in fee
interest using GOCO funds; Larimer County will convey a conservation easement to the City on all
parcels it acquires in fee using GOCO Funds as described in Exhibit B.
WHEREAS, there is an additional parcel “Boxelder Ranch” being negotiated as an additional
acquisition outside the GOCO grant, also described in Exhibit B.
WHEREAS, the parties desire to cooperate and contract with one another concerning the
sharing of costs and responsibilities for the acquisition, ownership, improvement, and management of
the Properties.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
A. Subject Properties/Easements
1. The total cost for conserving the Properties including closing costs, title insurance,
surveying, appraisal fees, minor land divisions, Phase I Environmental Assessment Reports, Baseline
Reports, and Geologist and Remoteness Letters is estimated to be approximately $8,200,000. The
portion of those costs to be paid by GOCO, Larimer County and the City for each Property is
described in greater detail in Exhibit D.
2. In addition to the amounts reflected on Exhibit D the parties will split all unanticipated
acquisition costs arising during final negotiations and closing on the interests described herein. If
any additional or unanticipated costs arise, Larimer County will be responsible for 65% and Fort
Collins will be responsible for 35%. If that approach is not financially feasible for either party, the
parties agree to negotiate in good faith to reach a solution, which may include a different division of
costs, in order to proceed with the acquisitions. Exhibit D (and the other exhibits as necessary) will
be updated upon completion of the final acquisitions.
Acquisition of each property and conservation easements described in Exhibits B and C shall occur at
closings set at mutually agreed date(s), time(s) and location(s), at which each party shall bring
purchasing funds as described below and on Exhibit D, unless otherwise agreed by parties.
A
Packet Pg. 242 Attachment: Exhibit A (9451 : Larimer Foothills Expansion 2020 - IGA RESO)
3
3. The acquisitions will be structured as follows:
* Purchased in part with GOCO funds
Hawk Canyon Ranch (fee title and conservation easement) – approximately 1,091 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold title to the
fee interest, and will pay all miscellaneous costs associated with conserving this
property, to be shown on an updated Exhibit D following closing.
ii. City will prepare the conservation easement instrument(s) necessary for
conservation of the Hawk Canyon Ranch in collaboration with Larimer County and
GOCO.
iii. City will acquire and hold an approximately 1,091-acre conservation easement.
iv. Contributions towards the fee and CE acquisitions are shown on Exhibit D.
v. Upon acceptance and signing of the conservation easement by the parties, the City
will submit the conservation easement document for recording by the County Clerk
and Recorder in the real property records of Larimer County.
West Red Mountain Ranch (conservation easement)– approximately 884 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold the
conservation easement, and will pay all miscellaneous costs associated with
conserving this property, to be shown on an updated Exhibit D following closing.
ii. Larimer County will prepare and record the conservation easement instrument(s)
necessary for the conservation of the West Red Mountain Ranch in collaboration
with GOCO.
iii. Contributions towards the CE acquisition are shown on Exhibit D.
South Red Mountain Ranch (conservation easement) – approximately 320 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold the
conservation easement, and will pay all miscellaneous costs associated with
conserving this property, to be shown on an updated Exhibit D following closing.
ii. Larimer County will prepare and record the conservation easement instrument(s)
necessary for the conservation of the South Red Mountain Ranch property in
collaboration with GOCO.
Property County Acquisition City Acquisition
Hawk Canyon* Fee Title Conservation Easement
West Red Mountain* Conservation Easement
South Red Mountain* Conservation Easement
Green Valley* Conservation Easement
Boxelder Fee Title Conservation Easement
A
Packet Pg. 243 Attachment: Exhibit A (9451 : Larimer Foothills Expansion 2020 - IGA RESO)
4
iii. Contributions towards the CE acquisition are shown on Exhibit D.
Green Valley Ranch (conservation easement) – approximately 660 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold the
conservation easement, and will pay all miscellaneous costs associated with
conserving this property, to be shown on an updated Exhibit D following closing.
ii. Larimer County will prepare and record the conservation easement instrument(s)
necessary for the conservation of the Green Valley Ranch property in collaboration
with GOCO.
iii. Contributions towards the CE acquisition are shown on Exhibit D.
Boxelder Ranch (fee title and conservation easement) – approximately 640 acres total:
i. Larimer County is the lead in conserving this property, has been negotiating with the
property owner and paying the due diligence costs, will acquire and hold title to the
fee interest, and will pay all miscellaneous costs associated with conserving this
property to be shown on and updated Exhibit D following closing.
ii. City will prepare the conservation easement instrument(s) necessary for
conservation of the Boxelder Ranch in collaboration with Larimer County.
iii. City will acquire and hold an approximately 640-acre conservation easement.
iv. Contributions towards the fee and CE acquisitions are shown on Exhibit D.
v. Upon acceptance and signature of the conservation easement by the parties, the
City will submit the conservation easement document for recording by the County
Clerk and Recorder in the real property records of Larimer County.
4. Promptly upon completion of each closing related to a property or easement described
in Exhibits A-D Larimer County and the City shall arrange for title insurance to be provided for the
acquired property or easement, for the benefit of the other party, consistent with the ownership
interests to be conveyed herein.
5. Until such time as the above-referenced closing and conveyance of the property
interests above shall occur, Larimer County shall remain the primary negotiator of the Properties
and shall have the discretion to make decisions related to the negotiations including choice of
surveyor, title company, and other administrative matters, consistent with this Agreement. The
parties shall promptly inform the other party of new developments in the negotiations and new
material information related to the subject properties and easements or the acquisitions thereof.
B. Management of the Laramie Foothills 2020 Expansion Properties
1. Larimer County will manage the approximately 1,091 acres acquired on the Hawk
Canyon Ranch property and approximately 640 acres acquired on the Boxelder Ranch as a part of
Red Mountain Open Space in accordance with the Red Mountain Open Space Management Plan
(which will be updated at a future date to reflect these acquisitions) and subsequent updates. Fort
Collins will steward and monitor the conservation easements placed on these two properties.
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2. Larimer County will steward and monitor the conservation easements placed on the
West Red Mountain Ranch, South Red Mountain Ranch, and Green Valley Ranch properties. Day-to-
day land management responsibilities will remain with the underlying private property owners.
3. Emergency Circumstances. In the event of emergency circumstances requiring
immediate response prior to the adoption of updated Management Plans which will be used to
guide the management of the Properties, as described above, Larimer County shall be entitled to
use reasonable discretion in responding to such circumstances. If possible, any such emergency
circumstances or responses shall be subject to consultation between the parties in advance of any
action being taken. In the event advance consultation is not reasonably possible, Larimer County
shall limit its actions to those necessary to address the existing emergency and shall make
reasonable efforts to inform the City promptly of any such event and chosen course of action.
C. Subsequent Sale and/or Transfer of Fee or Conservation Easement Interests
1. Once closings have occurred on the City and County’s respective acquisitions, if a party
desires to sell all or any portion of its fee interest in the Properties or transfer its interest in a
conservation easement (but not including conveyances of easements or rights-of-way), that party
(the “Selling Party”) shall provide at least 120 days’ advance written notice to the other party of its
intention regarding the property interest. The other party shall have a right of first refusal
(“Option”) to purchase such interest in the Properties for the proportional share of the fair market
value of such Property as determined by an appraiser selected by the parties. The other party shall
notify the Selling Party within 90 days whether it intends to purchase the Property. The parties shall
then work in good faith to negotiate a purchase and sale agreement and any necessary documents
for completion of the sale. The Option shall expire two years after the date of the Selling Party’s
written notice of its intent to sell its interest if the parties have not closed on the conveyance of the
Property interest by that time.
2. If the other party declines to purchase the subject property, the Selling Party may then
convey the Property as it chooses. Any such conveyance shall be subject to the terms of the related
conservation easement and any other existing encumbrances, restrictions or conditions applicable
to the conveyed property. In addition, in the event the County desires to sell all or any portion of its
fee interest in a Property, including easements or rights of way, and the City has a concern with the
impact of the proposed sale on the remaining interests in the Property, the parties agree to
negotiate in good faith to resolve the issue prior to the sale or transfer.
3. Any transfer or sale of a property interest acquired under this Agreement and subject to
the GOCO grant agreement shall be subject to GOCO requirements and review as described in the
GOCO Grant Agreements attached as Exhibit E and incorporated by reference herein.
4. In the event all or any portions of the subject properties are sold, exchanged,
transferred or otherwise disposed of, the net proceeds from such disposition shall be divided
between the County and the City in the same proportion as their respective contributions to the
initial purchase payments for acquiring the property interests sold. In the event all or any portion of
the subject properties is taken by eminent domain, the costs and proceeds of such condemnation
shall be shared proportionally by the parties based on the same division of proceeds as set forth
herein. Proceeds from such conveyance shall be subject to the provisions of each parties’ respective
applicable policies, ordinances, resolutions and plans.
A
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D. General Provisions.
1. Each party agrees to execute all additional instruments and documents necessary to
effectuate the transactions and purposes described herein, subject to any necessary approvals.
2. This Agreement shall be binding upon and inure to the benefit of the parties’ respective
successors and permitted assigns.
3. Financial obligations of the party’s payable after the current fiscal year are contingent
upon the governing bodies of the parties, in their discretion, appropriating funds sufficient and
intended for such purposes. The parties’ obligations hereunder are also subject to the final award of
grant funds by GOCO.
4. Nothing in this Agreement waives the immunities, limits of liability, or other terms and
conditions of the Colorado Governmental Immunity Act as now in force or hereafter amended.
5. Any notices required or permitted to be given shall be in writing and personally
delivered to the office of the parties hereof by first class mail, postage prepaid, as follows:
Natural Areas Director Natural Resources Director
City of Fort Collins – Natural Areas Department Larimer County - Natural Resources
Department
PO Box 580, Fort Collins 80522 1800 South County Rd. 31, Loveland 80537
Any such notice shall be effective (i) in the case of personal delivery, when the notice is actually
received, or (ii) in the case of first class mail, the third day following deposit in the United States
mail, postage prepaid, addressed as set forth above. Any party may change these persons or
addresses by giving notice as required above.
[Signatures appear on the following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Intergovernmental Agreement
concerning the Laramie Foothills 2020 Expansion Project, on the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By: _________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
LARIMER COUNTY, COLORADO
By: _________________________________
Chair, Board of County Commissioners
ATTEST: APPROVED AS TO FORM:
Deputy Clerk Assistant County Attorney
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EXHIBIT A
Overview Map
A
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EXHIBIT B
County Acquisitions and Conservation Easements
Legal Descriptions & Maps: West Red Mountain Ranch CE, Hawk Canyon Ranch Fee, South Red
Mountain Ranch CE, Green Valley Ranch CE and Boxelder Ranch Fee
LEGAL DESCRIPTIONS
West Red Mountain Ranch
Parcel 1:
A tract of land situated in portions of Sections 21, 22, 27, 28 and 29, Township 12 North, Range 70 West
of the 6th P.M., Larimer County, Colorado, more particularly described as follows:
Beginning at the northeast corner of said section 27; thence S.00°15'15"W., along the east line of said
Section 27, a distance of 2716.52 feet to the east quarter corner of said Section 27; thence
S.89°27'55"W., along the south line of the North Half or said section 27, a distance of 5353.89 feet to the
east quarter corner of said Section 28; thence around the perimeter of portions of the 4 parcels of land
as described in Quitclaim Deed recorded July 17,1997 at Reception No. 97046034, Larimer County
Records the following 10 courses; thence N.08°41’38"E., a distance of 151.53 feet; thence
N.01°42’46"E., a distance of 514.35 feet; thence N.87°37'14"W., a distance of 207.48 feet; thence
S.08°55'46"W., a distance of 762.98 feet; thence S.78°42'46"W., a distance of 19.76 feet; thence
S.03°06'16"W., a distance of 638.55 feet; thence S.88°50'14"E., a distance of 126.84 feet; thence
S.00°21’46"W., a distance of 46.43 feet; thence S.89°38'14"E., a distance of 210.00 feet to the east line
of the SE1/4 of said Section 28; thence S.00°21’46"W., along said east line, a distance of 1912.11 feet to
the southeast corner of said Section 28; thence N.89°47'45"W., along the south line, of said section 28, a
distance of 2655.51 feet to the south quarter corner of said Section 28; thence N.89°48'16"W.,
continuing along the south line of said Section 28, a distance of 359.25 feet to the southeast corner of
that deed recorded December, 1987 at Reception No. 87071779, Larimer County Records; thence
N.00°11’44"E., along the east line of said deed recorded at Reception No. 87071779, a distance of
1365.00 feet to the northeast corner thereof; thence N.89°48'18"W., along the north line of said deed
recorded at Reception No. 87071779, a distance of 353.73 feet to the southeast corner of that Warranty
Deed recorded December 3, 1982 in Book 2197 at Page 523, Larimer County Records; thence N.
17°36'16"W., along the east line of said deed recorded in Book 2197 at Page 523, a distance of 362.35
feet to the northeast corner thereof; thence N.89°48'16"W., along the north line of said deed recorded
in Book 2197 at Page 523, a distance of 139.47 feet to the east line of that Warranty Deed recorded
August 6, 1980 in Book 2060 at Page 134, Larimer County Records; thence N.00°11’44"E., along the east
line of said deed recorded in Book 2060 at Page 134, a distance of 201.98 feet to the northeast corner
thereof; thence N.89°48'16"W., along the north line of said deed recorded in Book 2060 at Page 134, a
distance of 792.00 feet; thence S.00°11’44"W., along the west line or said deed recorded in Book 2060
at Page 134, a distance of 550.00 feet to a point on the north line of said deed recorded at Reception
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No. 87071779; thence S.88°59'44"W., along the north line of said deed recorded at Reception No.
87071779, a distance of 1446.33 feet to a point on the easterly line of Red Mountain Road; thence
N.04°10'33"W., along said easterly line, a distance of 2382.26 feet to a point on the south line of that
Warranty Deed recorded March 25, 1998 at Reception No. 98023128, Larimer County Records; thence
S.89°42'54"E., along the south line of said deed recorded at Reception No. 98023128, a distance of
904.08 feet to a point on the line between Sections 28 and 29; thence N.89°50'28"E., along said south
line, a distance of 1020.28 feet to a found 1/2 rebar being the southwest corner of that Warranty Deed
recorded February 3, 1989 at Reception No. 89005370 of Larimer County Records; thence along the
southerly and easterly line of Said deed recorded at Reception No. 89005370 the following 6 courses:
thence N.71°59'02"E., a distance of 143.27 feet; thence N.75°30'10"E., a distance of 793.68 feet; thence
N.06°31°58"E., a distance of 581.91 feet; thence N.82°31’54"E., a distance of 213.00 feet; thence
S.79°38'44"E., a distance of 202.99 feet; thence N.89°26'32"E., a distance of 268.60 feet to the
southwest corner of that Quit Claim deed recorded June 21, 1991 at Reception No. 91027901 of Larimer
County Records; thence along the easterly and northerly line of said deed recorded at Reception No.
91027901 the following 6 courses: thence S.65°15'58"E., a distance of 494.81 feet; thence
N.24°42'26"E., a distance of 488.75 feet; thence S.65°40'15"E., a distance of 25.53 feet; thence
N.23°17'42"E., a distance, of 142.64 feet; thence S.66°42'18"E., a distance of 149.00 feet; thence
N.21°51’55"E., a distance of 568.30 feet to the north line of said Section 28; thence N.89°44.'42"E.,
along said north line, a distance of 1405.81 feet to a point 187.96 feet west of the northeast corner of
said Section 28; thence N.65°14'35"E., a distance of 46.16 feet; thence N.33°53'36"E., a distance of
191.07 feet; thence N.19°16'05"E., a distance of 123.60 feet to the west line of said Section 22; thence
N.00°15'07"E., along the west line of said Section 22, a distance of 246.23 feet; thence N.89°24'27"E., a
distance of 242.11 feet; thence S.00°12'22"W., a distance of 539.04 feet to the north line of said Section
27; thence N.89°10'54"E,, along said north line, a distance of 2436.74 feet to the north quarter corner of
said section 27; thence N.89°10'54"E., along said north line, a distance of 2679.29 feet to the point of
beginning.
EXCEPT The following three (3) tracts of land situated in a portion of the East Half of said Section 28,
Township 12 North, Range 70 West of the 6th P.M., Larimer County, Colorado, more particularly
described as follows:
TRACT 1: Beginning at a found 1/2" rebar which bears S.30°04,35"W. from the northeast corner of said
section 28 (when considering the north line of the Northeast Quarter of said Section 28 to have a
bearing of N.89°44'42"E.), a distance of 2611.00 feet; thence S.06°31'04"E., a distance of 165.25 feet to
a 1 1/2" aluminum cap stamped "SSS PLS 16154"; thence S.72°46'13"W., a distance of 455.51 feet to a 1
1/2" aluminum cap stamped "SSS PLS 16154"; thence N.17°04'53"W., a distance of 50.00 feet to a found
1/2" rebar; thence N.14°49'21” W., a distance of 97.20 feet to a found 1/2" rebar; thence N.76°25'34"E.,
a distance of 165.83 feet to a found 1/2" rebar; thence N.63°46'32"E., a distance of 209.78 feet to a
found 1/2" rebar; thence N.76°24'55"E., a distance of 109.56 feet to the point of beginning.
TRACT 2: Beginning at a found 1/2" rebar which bears S.38°26'18"W. from the northeast corner of said
section 28 (when considering the north line of the Northeast Quarter of said Section 28 to have a
bearing of N.89°44'42"E.); a distance of 2690.04 feet; thence S.14°28'40"E., a distance of 248.92 feet to
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a point referenced by a found 1/2" rebar 5' witness corner; thence S.76°21'07"W., a distance of 215.71
feet to a point referenced by a found 1/2" rebar 5' witness corner; thence N.13°37'54"W., a distance of
248.88 feet to a found 1/2" rebar; thence N.76°20'57"E., a distance of 212.03 feet to the point of
beginning.
TRACT 3: Beginning at a found 1/2" rebar which bears S.29°05'59"W. from the northeast corner of said
section 28 (when considering the north line of the Northeast Quarter of said section 28 to have a
bearing of N.89°44'42"E.), a distance of 2962.45 feet; thence S.08°06'18"E., a distance of 330.43 feet to
a found 1/2" rebar; thence N.80°50'54"W., a distance of 270.39 feet to a found 1/2" rebar; thence
N.08°38'13"W., a distance of 240.43 feet to a found 1/2" rebar; N.79°44'25"E., a distance of 260.63 feet
to the point of beginning.
AND EXCEPT the following tract of land situated in a portion of the South Half of the North Half
(S12/N1/2) and in the North Half of the South Half (N1/2S1/2) of section 28, Township 12 North, Range
70 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows:
Beginning at a found 1/2" rebar which bears S.43°26'32"W.. from the northeast corner of said section 28
(when considering the north line of the Northeast Quarter of said section 28 to have a bearing of
N.89°44'42"E.), a distance of 3332.29 feet; thence S.89°56'25"W., a distance of 209.65 feet to a found
1/2" rebar; thence N.80°09'16"W., a distance of 556.62 feet to a found 1/2 rebar; thence S.03°52'25"W.,
a distance of 248.96 feet to a found 1/2" rebar; thence S.77°05'17"E., a distance of 586.74 feet to a
found 1/2" rebar; thence N.80°15'35"E., a distance of 203.26 feet to a found 1/2" rebar; thence
N.00°36'33"E., a distance of 250.17 feet to the point of beginning.
AND EXCEPT a tract of land situated in a portion of the East Half of the Southeast Quarter (E1/2SE1/4) of
Section 28, Township 12 North, Range 70 West of the 6th P.M., Larimer County, Colorado, more
particularly described as follows:
Beginning at the southeast corner of said Section 28: thence N.89°47'45"W., along the south line of said
Section 28, a distance of 734.72 feet; thence N.00° 2'15"E., a distance of 2683.02 feet to the north line
of said E1/2SE1/4; thence S.89°57'34"E., along said north line, a distance of 467.49 feet; thence
S.08°55'46"W., a distance of 82.41 feet; thence S.78°42'46"W., a distance of 19.76 feet; thence
S.03°06'16"W., a distance of 638.55 feet; thence S.88°50'14"E., a distance of 126.84 feet; thence
S.00°21’46"W., a distance of 46.43 feet; thence S.89°38'14"E., a distance of 210.00 feet to the east line
of said Section 28; thence S.00°21'46"W., along said east line, a distance of 1912.11 feet to the point of
beginning, being the same tract of land conveyed in Warranty Deed recorded at Reception No.
2000025253, Larimer County Records.
Parcel 2:
Parcel A, consisting of four parcels as follows situated in Larimer County, Colorado and described as
follows:
PARCEL I:
A
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A tract of land situate in the E1/2 of Section 28, and in the NW1/4 of Section 27, all in Township 12
North, Range 70 West of the 6th P.M., which considering the North line of the E1/2 of said Section 28 as
bearing East and West and with all bearings contained herein relative thereto, is contained within the
boundary lines which begin at the East Quarter corner of said Section 28 (said East Quarter corner bears
S 01 degrees 55’ E 2720.87 feet from the Northeast corner of said Section 28), and run thence along the
East line of the SE1/4 of said Section 28,
S 00 degrees 57’ W, 666.67 feet;
thence N 89 degrees 03’ W 83.45 feet;
thence S 23 degrees 43’ W 44.98 feet;
thence S 89 degrees 25’ W 39.77 feet;
thence S 00 degrees 13’ E 18.38 feet;
thence N 88 degrees 15’ W 196.61 feet;
thence N 03 degrees 41’30” E 638.55 feet;
thence N 79 degrees 18’ E 19.76 feet;
thence N 09 degrees 31” E 335.15 feet;
thence S89 degrees 35’30” E 30.70 feet;
thence S 50 degrees 12’ E 37.22 feet;
thence S 68 degrees 19’30” E 213.30 feet;
thence S 07 degrees 10’30” W 151.05 feet to the POINT OF BEGINNING;
EXCEPT that portion of the above described property and contained in Deed recorded August 17, 1971
in Book 1472 at Page 802, County of Larimer, State of Colorado.
PARCEL II:
BEGINNING at a point which bears South 106.37 feet from the East Quarter corner of Section 28,
Township 12 North, Range 70 West of the 6th P.M.;
thence South 666.67 feet to a point;
thence West 210.00 feet to a point;
thence North 593.61 feet to a point;
thence North 44.90 feet to a point;
thence N 74 degrees 00’ E a distance of 102.15 feet to the POINT OF BEGINNING; said parcel of property
lying within the SE1/4 of Section 28, Township 12 North, Range 70 West of the 6th P.M.
PARCEL III:
A tract of land situate in the E1/2 of Section 28 and in the NW1/4 of Section 27, all in Township 12
North, Range 70 West of the 6th P.M., which considering the North line of the E1/2 of said Section 28 as
bearing East and West and with all bearings contained herein relative thereto, is contained within the
boundary lines which begin at a point which bears N 07 degrees 10’30” E 151.05 feet from the East
Quarter corner of said Section 28, and run
thence N 68 degrees 19’30” W 213.03 feet;
thence N 50 degrees 12’ W 37.22 feet;
thence N 89 degrees 35’30” W 30.70 feet;
thence N 09 degrees 31’ E 427.83 feet;
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thence S 87 degrees 02’ E 207.48 feet;
thence S 02 degrees 18’ W 514.35 feet to the POINT OF BEGINNING.
PARCEL IV:
A portion of the NW1/4 of the SW1/4 of Section 27, Township 12 North, Range 70 West of the 6th P.M.,
being more particularly described as follows:
BEGINNING at the West Quarter corner of said Section 27;
thence S 00 degrees 57’ W 1320 feet;
thence East 330 feet;
thence N 00 degrees 57’ E 1320 feet;
thence West 330 feet to the POINT OF BEGINNING.
Parcel 3:
NW 1/4 of SW 1/4 Section 27, Township 12 North, Range 70 West of the 6th P.M., County of Larimer,
State of Colorado, EXCEPT the following described tract:
A portion of the NW 1/4 of the SW 1/4 of Section 27, Township 12 North, Range 70 West of the 6th
P.M., being more particularly described as follows:
BEGINNING at the West quarter corner of said Section 27; thence S 00°57’ W 1320 feet; thence East 330
feet; thence N 00°57’ E 1320 feet; thence West 330 feet to the POINT OF BEGINNING.
Parcel 4:
A tract of land situated in a portion of the East Half of the Southeast Quarter (E1/2SE1/4) of Section 28,
Township 12 North, Range 70 West of the 6th P.M., Larimer County, Colorado, more particularly
described as follows:
Beginning at the southeast corner of said Section 28: thence N. 89°47’45”W., along the south line of said
Section 28, a distance of 734.72 feet; thence N.00°12’15”E., a distance of 2683.02 feet to the north line
of said E1/2SE1/4; thence S.89°57’34”E., along said north line, a distance of 467.49 feet; thence
S.08°55’46”W., a distance of 82.41 feet; thence S.78°42’46”W., a distance of 19.76 feet; thence
S.03°06’16”W., a distance of 638.55 feet; thence S 88°50’14”E., a distance of 126.84 feet; thence
S.00°21’46”W., a distance of 46.43 feet; thence S.89°38’14”E., a distance of 210.00 feet to the east line
of said Section 28; thence S.00°21’46”W., along said east line, a distance of 1912.11 feet to the point of
beginning.
Hawk Canyon Ranch
Parcel 1:
The N1/2 of Section 14 and all of Section 11, Township 11 North, Range 70 West of the 6th P.M., except
that portion conveyed at Reception No. 94021466, County of Larimer, State of Colorado.
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Parcel 2:
The S1/2 of Section 14, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of
Colorado, EXCEPTING THEREFROM that portion contained in Warranty Deeds recorded December 28,
2007 at Reception No. 20070096474 and Reception No. 20070096476, Larimer County records.
Green Valley Ranch
All of Section 1, Township 10 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado.
South Red Mountain Ranch
The N1/2 of Section 27, Township 11 North, Range 69 West of the 6th P.M., County of Larimer, State of
Colorado.
Boxelder Ranch
All of Section 2, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado.
A
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EXHIBIT C
County Acquisitions and Conservation Easement Conveyances to City
Legal Descriptions & Maps – Hawk Canyon Ranch CE and Boxelder Ranch CE
Hawk Canyon Ranch
Parcel 1:
The N1/2 of Section 14 and all of Section 11, Township 11 North, Range 70 West of the 6 th P.M., except
that portion conveyed at Reception No. 94021466, County of Larimer, State of Colorado.
Parcel 2:
The S1/2 of Section 14, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of
Colorado, EXCEPTING THEREFROM that portion contained in Warranty Deeds recorded December 28,
2007 at Reception No. 20070096474 and Reception No. 20070096476, Larimer County records.
Boxelder Ranch
All of Section 2, Township 11 North, Range 70 West of the 6th P.M., County of Larimer, State of Colorado.
A
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Exhibit D
Laramie Foothills 2020 Expansion Project IGA
COST DATA (Subject to change based on actual appraised values and transaction costs)
Property GOCO Larimer County Fort Collins Total
West Red Mt. Ranch $218,000 $753,090 $405,510 $1,376,600
Hawk Canyon Ranch $450,000 $1,982,500 $1,067,500 $3,500,000
Green Valley Ranch $109,000 $651,820 $350,980 $1,111,800
South Red Mt. Ranch $35,475 $226,021 $121,704 $383,200
Boxelder Ranch $0 $1,300,000 $700,000 $2,000,000
Total $812,475 $4,913,431 $2,645,694 $8,371,600
A
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Jerry Schiager, Lieutenant
Adam Stephens, Legal
SUBJECT
Resolution 2020-085 Supporting a Grant Application for Gray and Black Market Marijuana Enforcement
Funding for Fort Collins Police Services.
EXECUTIVE SUMMARY
The purpose of this item is to obtain Council support for the City to apply for grant money to support
enforcement of gray- and black- market marijuana activity for Fort Collins Police Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
“Gray Market” is a term that refers to marijuana grown legally then sold in a way that would be illegal. An
example would be where someone has a medical card with an “extended plant count” which may allow them to
grow up to 99 plants, but instead of using the product for their own medical needs, they sell it on the black
market either locally or more likely to someone in another state.
For the past two years, the State has made grant funding available to help address unlicensed and illegal
marijuana activity in Colorado. In 2019, the District Attorney’s Office was awarded approximately $120,000 in
grant funds to which Police Services had access. Some of these dollars were used to acquire long-term
storage for evidence seized in black- market investigations. Additional funds were used to provide staff to
investigate cases and dismantle black-market grow operations in Fort Collins neighborhoods and regionally.
In 2020, Police Services received $345,227 to continue local neighborhood marijuana investigations. As of
August 6, 2020, Police Services has spent $48,179 of the Program funding. Grant dollars help to provide
additional resources to existing staff without having a direct impact on the City budget. Funds have been used
primarily for overtime, equipment and storage expenses to support these investigations.
Investigations completed to date have not only addressed criminal activity but also improved neighborhood
livability and provided insight into the level of unlicensed/illegal marijuana activity in the community. With
additional insight and knowledge, Police Services can address staffing needs and priorities through both
current assignments and future budget offers.
CITY FINANCIAL IMPACTS
Support of this Resolution does not impact City finances and allows Police Services to apply to the State for
these grant dollars. If the grant is awarded, the City will serve as the fiscal agent for the funds and will seek an
appropriation at that time.
12
Packet Pg. 257
-1-
RESOLUTION 2020-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING A GRANT APPLICATION FOR GRAY AND BLACK MARKET
MARIJUANA ENFORCEMENT FUNDING FOR FORT COLLINS POLICE SERVICES
WHEREAS, Fort Collins Police Services (“FCPS”) is applying for a grant through the
Gray and Black Market Marijuana Enforcement Grant Program (the “Program”) from the State
of Colorado Department of Local Affairs (“DOLA”) to fund investigation and prosecution of
unlicensed marijuana cultivation and distribution operations (the “Project”); and
WHEREAS, the Program provides financial assistance to local law enforcement agencies
and district attorneys through local governments; and
WHEREAS, the total amount of grant money to be dispersed statewide by DOLA
amongst applicant agencies and district attorneys is $810,000 for FY 2021-2022 Program
funding; and
WHEREAS, until submittal of an application, FCPS does not know the amount that may
be awarded; and
WHEREAS, in FY 2019-2020, the Larimer County District Attorney was awarded
approximately $120,000 from this Program; and
WHEREAS, in FY 2020-2021, FCPS received $345,227 from the Program, and, as of
August 6, 2020, has expended $48,179.23 of that funding in part because of delays caused by the
COVID-19 pandemic; and
WHEREAS, the current Program expires on June 30, 2021; and
WHEREAS, FCPS has utilized money from this program to acquire long-term evidence
storage units for illegal black-market marijuana, and for an increase in staffing to help with
investigations of black-market grow operations in the City; and
WHEREAS, as part of its grant application process, there is a requirement that the
governing body of any entity applying for grant funds pass a resolution to show that it is aware
of and supports the application, and recognizes the obligations the grant creates; and
WHEREAS, the City would not be required to provide any matching funds toward the
Project; and
WHEREAS, the grant money would allow FCPS to continue to improve neighborhood
livability and provide insight into the extent of the problems associated with unlicensed, illegal
marijuana activity in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Packet Pg. 258
-2-
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 supports the City’s FY 2021-2022
application for a grant through the Program from DOLA to fund the Project; and
Section 3. That if the grant is awarded, the City Council supports the completion of
the Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 259
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Molly Saylor, Senior Sustainability Specialist
Judy Schmidt, Legal
SUBJECT
Resolution 2020-86 Supporting the Establishment of a Friendship Cities Partnership Between the City of Fort
Collins and Vila Nova De Famalicão, Portugal.
EXECUTIVE SUMMARY
The purpose of this item is to submit a Friendship City application from Vila Nova de Famalicão (VNF) in
Portugal. The City partnered with VNF for 18 months through the International Urban Cooperation program
and now the two cities would like to establish a long-term agreement through the Council Friendship City
process and a related Memorandum of Understanding (MOU).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Friendship City Process
In 2012, the City established a Friendship City Partnership process to assist in the response and development
of more formalized partnerships with international communities. The City believes in the benefit and richness
of sharing and learning from others.
A Friendship City Partnership is an established agreement between the City and a foreign city that is mutually
beneficial. (Attachment 1) The first step towards establishing a Friendship City Partnership is completing an
Application. The Application helps to identify the proposed goals of the partnership, the supporting activities
that would be included, and highlights the areas of interest and strengths or needs for each party.
(Attachment 2)
The criteria for considering a Friendship City Partnership is based on, but not solely limited to, one or more of
the following:
1. Attribute Match: Does the community have similarities to our size, population, demographics, vision,
mission, or goals?
2. Goal Match: Does the community have relevant sustainability, cultural and/or economic goals?
3. Connection Match: Does the community have existing local connections with significant community or
business interests such as Colorado State University, Front Range Community College, University of
Colorado Health Systems, Poudre School District, a targeted cluster industry, etc.?
4. Exchange Match: Does the community currently participate in an on-going exchange program with an
organization in the city such as the Poudre School District, service organization, health care organization,
etc.?
5. Ethical Match: Does the community strive to be a stable and ethical government?
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Packet Pg. 260
Agenda Item 13
Item # 13 Page 2
In 2013, Council adopted Resolution 2013-068 establishing a Friendship City Partnership between the City and
San Cristobal de las Casas, in Chiapas, Mexico.
Friendship City Application – Vila Nova de Famalicão, Portugal
Fort Collins and Vila Nova de Famalicão (VNF) have formally collaborated for 18 months through the
International Urban Cooperation program and are seeking to solidify the partnership beyond the initial
program, leveraging the Citys’ friendship city process and a related MOU. Collaboration to date has
demonstrated benefits to both cities. For example, Fort Collins applied VNF’s community-centered structure for
pop-up engagement as part of the Our Climate Future (OCF) planning process. The approach increased the
equitability of the OCF process by bringing engagement opportunities to where people are in the community
and creating interesting and relatable experiences. The City has also connected with VNF on topics of mobility
(transit and active modes), behavior change, and community partnership and ownership. Both cities share the
value of co-creation and innovation. To continue to reap the benefits of collaboration with VNF, staff
recommends adopting VNF as a friendship city and formalizing future collaboration by adopting this Resolution
supporting establishment of a Friendship City Partnership between Vila Nova de Famalicão, Portugal and the
City and authorizing a formal agreement in the form of a (MOU. (Attachment 3).
Vila Nova de Famalicão is in Northern Portugal and is classified as a “Regional Urban Center” in relation to
some of the nearest cities (Braga, Guimarães, Viana do Castelo). The City is 30km from Porto and 20 minutes
from the international airport and seaport. Vila Nova de Famalicão has 202km2 and 133,000 inhabitants, with
658 residents/km. 63% of the population is between 25 and 64 years of age. In 2011, 30% of population had a
primary school education and 11% had higher education with university graduation. Vila Nova de Famalicão is
considered a global collective space, with identity and differentiation, where the community is the moving force,
and the results occur from collective action. Collaboration, co-operation, and co-creation are the 3C’s that
support the municipal action focused on the reinforcement of networks and partnerships.
There are several areas of mutual interest between the two cities (described in detail in the attached
application), including topics of collaboration from 2018-2020: sustainable economic development and circular
economy; climate action; active mobility and transit. Other areas of mutual interest for future exploration
include employee health and wellness programs, work culture, customer service to businesses and residents,
City as a platform, City role in economic health, arts and culture, community engagement, shop local
campaigns, affordable housing, and more. The benefits to collaboration include:
● Maintaining our commitment to collaboration.
● Making both cities more competitive when seeking funding for collaboration or joint grants, as it
demonstrates a stable and seasoned relationship.
● Increasing organization-wide buy-in on new collaboration topics.
● Making a modest time commitment to bring potentially significant rewards through grants and by gaining
access to international discussions of issues impacting the City.
Resources for Collaboration
There is no funding required for this Friendship City partnership and a minimal FTE commitment (the liaison
role is described below.). Initial funding (2018-2020) for collaboration was provided by the International Urban
Cooperation (IUC) and the two cities intend to seek new funding similar to that provided by IUC for future
collaboration activities. No City funds are sought to support the partnership. Per the attached MOU, each
City commits to maintain a liaison to support continued quality of collaboration. These two points of contact
will be the link between the cities - coordinating knowledge exchange on the topics of collaboration and
developing ideas for joint projects and activities that can be funded externally. Additional details are outlined in
the MOU.
Resources for Related Project Work
The two cities have developed cooperative activities to be aligned with projects already in implementation or
planned for implementation and supported by the human resources already allocated. In the case of new
areas of work, the cities would seek grant funding to cover costs.
Points of Contact
Molly Saylor, Senior Sustainability Specialist, Environmental Services Department, City of Fort Collins
Andreia Mafra, Urban Planner, Strategic Planning Department, Vila Nova de Famalicão
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Packet Pg. 261
Agenda Item 13
Item # 13 Page 3
Additional City staff involved in or supporting collaboration with VNF
Lindsay Ex, Interim Housing Manager, Social Sustainability Department
Paul Sizemore, Interim Director of Community Development and Neighborhood Services
Drew Brooks, Director of Transit
Tessa Greegor, Active Modes Manager, FC Moves
Melina Dempsey, Transit Planner, FC Moves
Sean Carpenter, Climate Economy Advisor, Economic Health Office
Jackie Kozak-Thiel, Chief Sustainability Officer
Caryn Champine, Director of Planning, Development, and Transportation
CITY FINANCIAL IMPACTS
A minimal ongoing FTE commitment to act as a liaison to Vila Nova de Famalicão.
ATTACHMENTS
1. Friendship City Application and Process Outline (PDF)
2. Friendship City Application (PDF)
3. Memorandum of Understanding - draft (PDF)
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Packet Pg. 262
Friendship City Application
Fort Collins and Vila Nova de Famalicao
September 2, 2020
1. Name and Country of the Proposed Partner City or Agency
Vila Nova de Famalicão (VNF) Municipality, Portugal
2. Today’s Date
July 30th, 2020
3. Name of Person Requesting Partnership
Title: Paulo Alexandre Matos Cunha
Affiliation: City Mayor
Address: Praça Álvaro Marques, 4764-502 Vila Nova de Famalicão, Portugal
Email: paulocunha@famalicao.pt
Phone: +351 252 320 900
4. Rationale
Fort Collins and Vila Nova de Famalicao (VNF) have formally collaborated for 18 months through the
International Urban Cooperation program and are seeking to solidify the partnership beyond the initial
program, leveraging the City of Fort Collins’ friendship city process and a related Memorandum of
Understanding (attached). Collaboration to date has demonstrated benefits to both cities. For example, Fort
Collins applied VNF’s community-centered structure for pop-up engagement as part of the Our Climate Future
(OCF) planning process. The approach increased the equitability of the OCF process by bringing engagement
opportunities to where people are in the community and creating interesting and relatable experiences. Fort
Collins has also connected with VNF on topics of mobility (transit and active modes), behavior change, and
community partnership/ownership. To continue to reap the benefits of collaboration with VNF, Fort Collins
recommends adopting VNF as a friendship city and formalizing future collaboration by passing an MOU by
Council resolution (see Attachment A for draft MOU).
There are several areas of mutual interest between the two cities, including topics of collaboration from 2018-
2020, including: sustainable economic development and circular economy; climate action; active mobility and
transit. Other areas of mutual interest for future exploration include employee health and wellness programs,
work culture, customer service to businesses and residents, City as a platform, City role in economic health,
arts and culture, community engagement, shop local campaigns, affordable housing, and more. The benefits
to collaboration include:
● Maintaining our commitment to collaboration
● Making both cities more competitive when seeking funding for collaboration or joint grants, as it
demonstrates a stable and seasoned relationship
● Increasing org-wide buy-in on new collaboration topics
● Making a modest time commitment can bring potentially significant rewards through grants and by
gaining access to international discussions of issue impacting Fort Collins
ATTACHMENT 1 13.1
Packet Pg. 263 Attachment: Friendship City Application and Process Outline (9450 : Friendship City Application - Vila Nova de Famalicao)
Potential collaboration projects:
Circular economy. VNF is involved in several large grants with other EU cities. By continuing to collaborate
with VNF, Fort Collins gains access to circular economy perspectives from across Europe and the ability to
learn from their efforts.
Potential outcome: Innovative circular economy strategies to support the City’s strategic objective 4.3
Enhance Efforts to Achieve 2030 Zero Waste Goals
● Metrics:0F1
o Activity: Number of solutions shared through collaboration, number of international
connections made, number of solutions tested/applied in Fort Collins and VNF.
o Outcome: Percent of Fort Collins and VNF waste materials diverted from landfill.
Housing Strategic Plan. Leverage connections to learn how housing affordability is approached in VNF,
benefiting the Fort Collins Housing Strategic Plan.
● Potential outcome: Innovative strategies for inclusion in the Housing Strategic Plan.
● Metrics:1
o Activity: Number of solutions shared through collaboration, number of international
connections made, number of solutions tested/applied in Fort Collins and VNF
o Outcome: Percentage of Fort Collins and VNF homes affordable to a median income
household
Regional and local mobility. VNF and Fort Collins have already connected closely on local and regional
mobility and hope to pursue further collaboration around regional approaches to mobility as a service (MAAS)
apps, advantages of combined bicycle and pedestrian plans, and approaches to behavior change.
● Potential outcomes: Regional mobility as a service app for Norther Colorado; combined bicycle and
pedestrian plan for Fort Collins.
● Metrics:1
o Activity: Number of solutions shared through collaboration, number of international
connections made, number of solutions tested/applied in Fort Collins and VNF
o Outcome: Percent mode share in Fort Collins and VNF
Public health and local economy. With the event of COVID-19, the two cities have expressed interest in
discussing the relationship between public health and local economy from the perspective of recovery.
● Potential outcome: Novel pandemic recovery strategies.
● Metrics:1 o Activity: Number of solutions shared through collaboration
o Outcome: Economic activity as measured by sales of retail, food and goods and services and
number of COVID-19 per 1,000 in Fort Collins and VNF
Points of contact:
Molly Saylor, Senior Sustainability Specialist, Environmental Services Department
Andreia Mafra, Urban Planner, Strategic Planning Department
Resources for collaboration: There is no funding required for this Friendship City partnership and a minimal
FTE commitment (see description of liaison below). Initial funding (2018-2020) for collaboration was provided
by the International Urban Cooperation (IUC) and the two cities intend to seek new funding similar to that
provided by IUC for future collaboration activities, however no City funds are sought to support the
partnership. Per the attached MOU, each City commits to maintain a liaison to maintain the quality of the
collaboration. These two points of contact will be the link between the cities, coordinating knowledge
exchange on the topics of collaboration and developing ideas for joint projects and activities that can be
funded externally. More details of this are outlined in the MOU.
1 Metrics are listed at activity and outcome levels. Activity metrics will best capture the strength of the relationship,
whereas the outcome metrics are what the cities are attempting to influence. Both cities recognize that many factors
play into outcome metrics and that impacts of the collaboration may be indirect.
13.1
Packet Pg. 264 Attachment: Friendship City Application and Process Outline (9450 : Friendship City Application - Vila Nova de Famalicao)
Resources for related project work: The two cities have developed cooperation activities to be aligned with
projects already in implementation or planned for implementation and supported by the human resources
already allocated. In the case of new areas of work, the cities would seek grant funding to cover costs.
6. Profile of the Requesting Partner Organization
Vila Nova de Famalicão Municipality is the local government responsible for the management of the city
territory. The main municipal assignments are in the areas: transport systems; science, education and
training; natural and cultural heritage; tourism; libraries and museums; creativity and culture; health and
safety; youth, leisure and sport; social support and housing; environment and water infrastructures; urbanism
and spatial planning; competitiveness and economy; local integrated development; governance, local
networks and partnerships; external cooperation and strategic planning.
The City Council is the executive body of the municipality and the Municipal Assembly is the deliberative
organ, both are elected at the same time every four years. Above the municipal level, VNF has 34 Parishes,
also elected every four years, which have one deliberative and one executive body.
The municipality is located in Northern Portugal and is classified as a “Regional Urban Center” in relation to
some of the nearest cities (Braga, Guimarães, Viana do Castelo). The City is 30km from Porto and 20
minutes from the international airport and seaport.
Vila Nova de Famalicão has 202km2 and 133,000 inhabitants, with 658 residents/km. 63% of the population is
between 25 and 64 years of age. In 2011, 30% of population had a primary school education and 11% had
higher education with university graduation.
The city’s land use is considered “urban sprawl” with intense mixed uses and functions and a permanent
intersection between urban, rural, and industrial spaces. In the City’s strategic plan, this is considered an
added value to be leveraged, optimizing its multifunctionality and biodiversity. This mix of uses and land use
type is also a challenge for municipal action in several thematic areas.
VNF is an industrial territory, resulting from the strong industrialization in the nineteenth century associated
with the textile sector. The textile sector was responsible for 75% of the local economy. However, after the
textile crisis, other sectors have gained importance: textiles are responsible for 50% of the local economy;
metal mechanics 14%; food 10%; and machinery and equipment 7%.
For many decades, the population was primarily factory workers with lower rates of higher education and high
levels of technical and industrial knowledge and strong entrepreneurial dynamics. Today, there is a focus on
vocational training, resulting from the dialogue between schools and companies. VNF considers its strengths
to include the industrial and entrepreneur community and its social and economic resilience.
As an industrial territory, VNF is the municipality with the second highest trade volume in Portugal and the
third largest exporter in Portugal. To support the industrial-manufacturing sector there are CITEVE-
Technological Center for Textiles and Clothing, CeNTI- Centre for Nanotechnology and Smart Materials and
TECMEAT- Technological Center for Meat Industry.
The City has approximately 1,500 employees and a municipal annual budget of 110,800,000 €.
The strategic plan for 2014-2025 - Famalicão Visão’25 - defined the Vision for 2025, supported by the city’s
distinctive values to be a global techno-industrial community in a green, multifunctional and biodiverse city!
The Vision´25 was defined with an innovative community engagement process is being implemented by co-
creating the future with the community (public and private sector, community members, and other entities).
Vila Nova de Famalicão is considered a global collective space, with identity and differentiation, where the
community is the moving force, and the results occur from the collective action. Collaboration, cooperation
and co-creation, are the 3C’s that support the municipal action focused on the reinforcement of networks and
partnerships.
To achieve the common desired future (Vision’25), four main guidelines and eight thematic challenges were
identified to orient municipal action through four thematic areas: Economy, Territory, People and Governance.
Each one of these four thematic areas has a “star-program” that align the public and private projects and
actions in the construction of the future. The ‘structuring projects’ that integrate each ‘star-program’ enhance
the distinctive values, cause changes and impacts, exemplify and demonstrate solutions, and inspire and
support other projects and actions. Examples in the thematic areas include:
13.1
Packet Pg. 265 Attachment: Friendship City Application and Process Outline (9450 : Friendship City Application - Vila Nova de Famalicao)
Economy - Famalicão Made IN: promote an entrepreneurial, industrial and exporting city, leveraging a new
limit of excellence and techno-industrial innovation. Relevant Projects: Famalicão Textile City; Famalicão
Circular ; Services Made INcentivate, Made INvest and Made INcubate; JUMP contest to support
entrepreneurs and new business; Made INternational and VNF Alliance for international cooperation (in&out);
Cultural Network Above the Stage; International project Atlantic Food Export; International project Export
Food Sudoe.
Territory - B-Smart Famalicão: lead a diverse landscape towards a landscape for life quality, rural-urban
optimization and more autonomy, supported by a domestic eco economy. Relevant Projects: Eco Schools
Network; 25.000 Trees for 2025; Our Rivers; Local Agenda 21; Mayors Adapt; Strategic Urban Development
Program, for rehabilitation and sustainable mobility; Urban Farms and Local Products Markets; Ative Mob,
action plan for pedestrian and bike use; community cocreation of the Local Protected Landscape Pateiras do
Ave; International URBACT project UrbRec Urban Resource Centers, Resourceful Cities.
People - Famalicão V Force: high social capital as a support in the promotion of new environments of social
innovation and active participation. Relevant Projects: Famalicão Entrepreneur Network; Famalicão Social
Network; Local Education and Training Network; national pilot-project for education decentralization;
Qualification Centers for lifelong learning; Education for entrepreneurship and contest "My Project Is
Entrepreneur"; Integrated Strategy for City Development; International project My Machine; International
project Atlantic Social Lab.
Governance - ‘Communitarian’ Famalicão: collective projects that involve the public and private sector,
companies and civil society, promoting a renewed picture of city administrators. Relevant Projects: Famalicão
Visão’25, the strategic planning process with community involvement and citizens active participation (design,
implementation, evaluation); new governance model with commissions from local multi sectorial stakeholders;
One-stop Services; Urban Intelligence Platform, Smart Center Famalicão; International URBACT project
Making Spend Matter.
More information:
Famalicão Municipality website: https://www.cm-vnfamalicao.pt/?it=home&nlg=2
Famalicão Facts and Figures booklet: https://issuu.com/municipiodefamalicao/docs/revista_-_famalica__o_-
_concelho_co
Famalicão Identity booklet: https://issuu.com/municipiodefamalicao/docs/en_vnf_city
Famalicão Made IN website: https://www.famalicaomadein.pt/
7. Please add any additional information about this Partnership you wish to share and
submit this form to:
The two cities successfully collaborated for over eighteen months on the topics of low-carbon mobility,
community engagement and partnership, and circular economy; and this cooperation was considered a role
model collaboration for the IUC program City-to-City Cooperation.
The IUC cooperation resulted in the following outputs for VNF (more about impacts to Fort Collins have
already been detailed):
(i) AtiveMob, VNF Action Plan for Active Bike and Pedestrian Mobility was an action plan built with the
community that supports Famalicão’s planned investments in infrastructures and enhanced behavior change.
This plan was inspired by the Fort Collins bike plan.
(ii) Knowledge about bicycle networks, through direct contact with an experienced city has been a huge factor
for success.
(iii) Discussion about communication and community engagement as added value, sparking reflection on the
need to bring municipal services and projects closer to people;
(iv) Implementation of the IUC Integrated Local Action Plan activities (developed by VNF and Fort Collins) and
the objectives for the city-to-city cooperation;
(v) Individual and shared value from the ILAP/IUC activities and new best practices and perspectives;
13.1
Packet Pg. 266 Attachment: Friendship City Application and Process Outline (9450 : Friendship City Application - Vila Nova de Famalicao)
(vi) Municipal staff skills around enhancing internal and external cooperation (between municipal services and
with municipal local and regional stakeholders).
The IUC has invited Fort Collins and Vila Nova de Famalicão to explore ideas and present proposals for
future collaboration to implement pilot projects focused on enhancing sustainability (circular economy,
individual behavior, climate change, etc.).
Friendship City Designees - To be completed by City of Fort Collins Staff
8. City of Fort Collins Designated Representative (Main Contact):
Molly Saylor, Senior Sustainability Specialist, Sustainability Services
9. Names, title and department of any others from the City of Fort Collins or the Community
of Fort Collins who may be involved in any Partnership activities:
Lindsay Ex, Interim Housing Manager, Social Sustainability Department
Paul Sizemore, Interim Director of Community Development and Neighborhood Services
Drew Brooks, Director of Transit
Tessa Greegor, Active Modes Manager, FC Moves
Melina Dempsey, Transit Planner, FC Moves
Sean Carpenter, Climate Economy Advisor, Economic Health Office
Jackie Kozak-Thiel, Chief Sustainability Officer
Caryn Champine, Director of Planning, Development, and Transportation
10. Partner Organization Designated Representative:
Andreia Mafra, Urban Planner, Strategic Planning Department Planner, Strategic Planning Department
11. Names, title and department of any others from the Partnership City or Community who
will be partners of the Agreement.
Sofia Fernandes, Councillor for Mobility, Family, Volunteering and Public Health
Pedro Sena, Councillor for Environment
Augusto Lima, Councilor for Economy, Entrepreneurship and Innovation, Tourism, Internationalization and
Territorial Integrated Development
Francisca Magalhães, Director of Territory Planning and Urban Management Department
Susana Matos, Architect in the Territory Planning and Urban Management Department
Francisco Jorge, Head of Strategic Planning and Entrepreneurship Department
Paula Dourado, Tourism and Internationalization Services
Vitor Leite, Engineer in the Mobility and Road Safety Department
Sílvia Costa, Entrepreneurship Project Manager in the Famalicão Made IN Services
13.1
Packet Pg. 267 Attachment: Friendship City Application and Process Outline (9450 : Friendship City Application - Vila Nova de Famalicao)
To be completed by City of Fort Collins Staff
12. Primary Signing Authority for City of Fort Collins (Mayor, City Council Member, etc.):
Mayor Wade Troxell
13. Primary Signing Authority for Partner Abroad (Mayor, City Council Member, etc.):
City Mayor Paulo Alexandre Matos Cunha
13.1
Packet Pg. 268 Attachment: Friendship City Application and Process Outline (9450 : Friendship City Application - Vila Nova de Famalicao)
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Friendship City Application
Information & Instructions
This application is to be completed by the person or organization putting forth the proposal and the City of Fort
Collins employee contact.
BACKGROUND
A Friendship City Partnership is an established relationship between the City of Fort Collins and a foreign
partnering organization that is mutually beneficial. The first step towards establishing a Friendship City
Partnership is completing the attached Application. The Application helps to identify the proposed goals of the
partnership, the supporting activities that would be included, and it highlights the areas of interest and
strengths or needs for each party.
This information is provided to the Fort Collins City Councilmembers for their consideration. If City Council
determines that the Application outlines a strong fit, a Resolution to formalize the partnership will be
considered by City Council.
Once a Resolution is in place, the designated representatives for each of the participating organizations will
complete an Agreement. The Agreement will outline specific goals and outcomes, ensure implementation and
documentation, and clarify any monetary expenditure. A Friendship City Partnership Agreement will require
review by the City Manager.
CRITERIA
The criteria for considering a Friendship City
Partnership is based on, but not solely limited to,
one or more of the following:
1. Attribute Match: Does the community have
similarities to our size, population,
demographics, vision, mission, or goals?
2. Goal Match: Does the community have
relevant sustainability, cultural and/or economic
goals?
3. Connection Match: Does the community have
existing local connections with significant
community or business interests such as
Colorado State University, Front Range
Community College, University of Colorado
Health Systems, Poudre School District, a
targeted cluster industry, etc.?
4. Exchange Match: Does the community
currently participate in an on-going exchange
program with an organization in the city such as
the Poudre School District, service
organization, health care organization, etc.?
5. Ethical Match: Does the community strive to
be a stable and ethical government?
WHO MAY REQUEST A FRIENDSHIP
CITY PARTNERSHIP
Any person or organization may submit
an application. The most successful
applications will have more than one
sponsor and will represent multiple
agencies or organizations.
Those interested should work with an
appropriate City of Fort Collins staff
person to determine viability of a
Friendship City Partnership.
ATTACHMENT 2
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Packet Pg. 269 Attachment: Friendship City Application (9450 : Friendship City Application - Vila Nova de Famalicao)
2 | PAGE
APRIL 2013
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
RESPONSIBILITIES
When a Friendship City Partnership Application is
determined to meet the criteria and City Council
passes a Resolution to that effect, the involved
parties will draft proposed operating guidelines.
The guidelines will be in the form of an Agreement
and they will detail the scope of activities,
responsibilities, financial arrangements, and
reporting requirements of each organization. The
Agreement will be reviewed by the City and must
be signed by the City Manager or the official who
has been designated by the City to sign on behalf
of the City of Fort Collins.
The City employee named by the City of Fort
Collins as the designated representative for a
particular Friendship City Partnership is responsible
for facilitating preparation and forwarding of the
documents to the foreign entity for signature.
Responsibility for tracking the implementation of the
Agreement and all activities rests with the
designated contact person at each organization.
That person will be the contact when the City of
Fort Collins requests information about the
Agreement or if further collaboration is desired by
other departments. The City of Fort Collins’
designated representative is required to maintain a
record of the activities of the Agreement. These
records will be reviewed at the end of the term of
the Agreement for evaluation and possible renewal.
The intent is to have annual reports provided to the
City Manager, the City Council and other interested
parties.
Planning and sponsorship (payment of expenses)
for visits by individuals or teams to or from the
partner organization/entity for the purpose of
negotiating or signing the contract or any
subsequent visits are the responsibility of the
traveling party unless otherwise stated.
Customarily, the hosting department would provide
funding for lunches or other allowable hospitality
expenses and the traveling party would cover their
travel, lodging and other expenses not provided by
the hosting organization.
PROCESSING THE APPLICATION
The Application will clearly state the rationale and
goals of the Partnership and the benefits to the City
of Fort Collins and the partner organization. Once
an Agreement is in place all information in the
Application and Agreement will be shared with the
community and stakeholders upon request.
Complete information for contact people and
authorizing individuals (those who sign) must be
provided before the Agreement can be finalized.
Incomplete information will delay the process.
Agreements will be written for a specified period of
time with an option to renew.
Please return your completed Application
electronically to the City Manager’s Office through
Ginny Sawyer at gsawyer@fcgov.com.
Submission of an Application does not imply
approval. Final approval of a Friendship Cities
Partnership will come through City Council
Resolution and a signed Agreement.
APPROVAL PROCESS
Applications for Friendship City Partnerships
must be submitted to the City Manager’s Office.
If it is determined that the request is reasonable
and beneficial to the City of Fort Collins it will
be forwarded to City Council for formal
consideration.
13.2
Packet Pg. 270 Attachment: Friendship City Application (9450 : Friendship City Application - Vila Nova de Famalicao)
3 | PAGE
APRIL 2013
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Friendship City Application
To be completed in English by the Requesting Organization
1. Name and Country of the Proposed Partner City or Agency
2. Today’s Date
3. Name of Person Requesting Partnership
Title: ____________________________________
Affiliation: _________________________________
Address: __________________________________
Email: ___________________________________
Phone: __________________________________
4. Rationale
Please explain the rationale and focus of the requested Friendship City Partnership. Describe why a Friendship
City Partnership would be beneficial to the City of Fort Collins and your local community or agency. Please
outline the areas of mutual strength and interest for each of the participating partners. Limit this section to four
pages. Items to include:
• Names, title and affiliations of those who will be involved both in Fort Collins and in the participating
organization,
• Areas of mutual interest upon which the agreement will focus,
• Opportunities for new activities and potential outcomes,
• Benefits and measurable results that the City of Fort Collins and the partner organization expect as a result
of the Partnership.
13.2
Packet Pg. 271 Attachment: Friendship City Application (9450 : Friendship City Application - Vila Nova de Famalicao)
4 | PAGE
APRIL 2013
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
5. Resources
Please address monetary and in-kind resources that may be necessary to conduct the activities of
the Friendship City Partnership and how they will be obtained and from whom. If none, state “no
funding required.”
6. Profile of the Requesting Partner Organization
A brief profile (two pages or less) of your organization (in English), including background, location, nature,
size, and relevant programs. If available, please include brochures or other written information on the
organization, its operations and/or curriculum, and its staff. [Web information in English is fine for the latter
part, if available; however it should be edited to address the specific nature of the proposed agreement.]
7. Please add any additional information about this Partnership you wish to share and submit this
form to:
13.2
Packet Pg. 272 Attachment: Friendship City Application (9450 : Friendship City Application - Vila Nova de Famalicao)
5 | PAGE
APRIL 2013
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
To be completed by City of Fort Collins Staff
To be completed by City of Fort Collins Staff
Friendship City Designees
8. City of Fort Collins Designated Representative (Main Contact):
9. Names, title and department of any others from the City of Fort Collins or the Community of Fort
Collins who may be involved in any Partnership activities:
10. Partner Organization Designated Representative:
11. Names, title and department of any others from the Partnership City or Community who will be
partners of the Agreement.
12. Primary Signing Authority for City of Fort Collins (Mayor, City Council Member, etc.):
13. Primary Signing Authority for Partner Abroad (Mayor, City Council Member, etc.):
13.2
Packet Pg. 273 Attachment: Friendship City Application (9450 : Friendship City Application - Vila Nova de Famalicao)
6 | PAGE
APRIL 2013
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
Friendship City Approval Process
Idea Request
Anyone can have an idea for a
Friendship City proposal.
Staff Contact
It is important to identify a City of Fort Collins staff person
to be your main contact.
Application
You and your City contact should complete the attached
Application outlining the rationale and goals for a
Friendship City relationship.
City Council Consideration
Your completed Application will be routed to City Council
through the City manager. If Council approves the idea
they will pass a Resolution.
Develop Agreement
If City Council passes a resolution then a formal
Agreement will be drafted stating the Friendship City
goals, project implementation, and reporting
responsibilities.
Annual Check-in and Reporting
13.2
Packet Pg. 274 Attachment: Friendship City Application (9450 : Friendship City Application - Vila Nova de Famalicao)
Vila Nova de Famalicao – Fort Collins Draft MOU
NONBINDING MEMORANDUM OF UNDERSTANDING
Whereas, The City of Fort Collins, The United States of America, and the City of Vila Nova de
Famalicao, The Portuguese Republic, have established a partnership since 2018 through the
European Union’s International Urban Cooperation (IUC) Program; and
Whereas, The City of Fort Collins and The City of Vila Nova de Famalicao have successfully
collaborated for over eighteen months on the topics of low-carbon mobility, community
engagement and partnership, and circular economy; and
Whereas, The City of Fort Collins and the City of Vila Nova de Famalicao have achieved
agreement through friendly negotiation regarding the areas of interest and cooperation set
forth below, and express intention to promote the friendship and understanding between the
peoples of City of Fort Collins and City of Vila Nova de Famalicao.
NOW THEREFORE, in order to continue the informal collaboration between the City of
Fort Collins and the City of Vila Nova de Famalicao beyond the bounds of the European Union’s
IUC Program and subject to available resources and time by as determined by the governing
bodies of each City, each City hereby commits to:
• Maintain an ongoing dialogue around the areas of collaboration through the IUC
Program.
• Share planning, policy, and program best practices and the status and outcomes of
current efforts both in the fields listed above, as well as beyond those fields.
• Where areas of alignment exist (in mission, vision, values, and workplans), seek external
funding opportunities to collaborate. This may include (but is not limited to):
o Opportunities to attend conferences together
o Learning and technical visits to partner city
o Pilot projects
o Research opportunities
o Community and business/industry exchange
• Maintain a point person within each City to coordinate collaboration for as long as the
MOU is in place.
This Memorandum of Understanding is declared by each City to set forth policy objectives and
understandings, but does not create any binding legal obligation enforceable under United
States, Colorado, European Union, Portuguese or international law.
Signed on October XX, 2020.
ATTACHMENT 3 13.3
Packet Pg. 275 Attachment: Memorandum of Understanding - draft (9450 : Friendship City Application - Vila Nova de Famalicao)
-1-
RESOLUTION 2020-086
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING THE ESTABLISHMENT OF A FRIENDSHIP
CITIES PARTNERSHIP BETWEEN THE CITY OF FORT
COLLINS AND VILA NOVA DE FAMALICÃO, PORTUGAL
WHEREAS, the City Council believes in the benefit and richness of sharing and
learning from others; and
WHEREAS, the City has established a Friendship City Partnership process to assist in
the development of more formalized partnerships with international communities; and
WHEREAS, the municipality of Vila Nova de Famalicão, Portugal, has submitted a
Friendship City Partnership Application to the City, highlighting the benefits from past
interactions and collaboration over an 18-month period through the International Urban
Cooperation program; and
WHEREAS, the City and Vila Nova de Famalicão have an interest in strengthening
the friendship ties and cooperation that have already been initiated by both parties; and
WHEREAS, the parties wish to support activities and projects that contribute to the
social, environmental and commercial development of both parties, including, but not limited
to, the following areas:
• sustainable economic development and circular economy;
• climate action;
• active mobility and transit;
• employee health and wellness programs;
• work culture;
• customer service to businesses and residents;
• City as a platform;
• City role in economic health, arts and culture, community engagement, shop local
campaigns and affordable housing; and
• any area of cooperation that the parties may agree upon; and
WHEREAS, the parties plan to develop an agreement or memorandum of
understanding (MOU) outlining common goals and outcomes; and
WHEREAS, the two cities have developed cooperative activities to be aligned with
projects already in implementation or planned for implementation and supported by the human
resources already allocated; and
WHEREAS, in the case of new areas of work, the cities will seek grant funding to cover
costs and no financial commitment is made by either party in approving this F riendship City
partnership, nor shall the MOU contain any financial commitments except as may be budgeted
and appropriated by City Council; and
Packet Pg. 276
-2-
WHEREAS, City Council has determined that the proposed Friendship City partnership
with Vila Nova de Famalicão meets the criteria of the City’s Friendship City program, and
support of such a partnership is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED 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 declares its support for the establishment of
a Friendship City Partnership between Vila Nova de Famalicão, Portugal and the City.
Section 3. That the City Manager is authorized to execute an MOU between the City
and Vila Nova de Famalicão with such terms and conditions as the City Manager, in consultation
with the City Attorney, determines to be necessary and appropriate to protect the interests of the
City, effectuate the purposes herein and are not otherwise inconsistent with this Resolution
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 277
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Elizabeth Blythe, Senior Public Engagement Coordinator
Delynn Coldiron, City Clerk
Carrie M. Daggett, Legal
SUBJECT
Resolution 2020-087 Making an Appointment to the Planning and Zoning Board.
EXECUTIVE SUMMARY
The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning Board that
exists due to the resignation of a previous member.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Councilmember Cunniff and Mayor Troxell interviewed applicants to fill a vacancy on the Planning and Zoning
Board due to the resignation of Michael Hobbs. Councilmember Cunniff and Mayor Troxell are recommending
Ted Shepard to fill the vacancy. This appointment will begin immediately, and expire on December 31, 2021,
filling the remainder of the term.
ATTACHMENTS
1. Interviewed Applicants (PDF)
14
Packet Pg. 278
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Mistene Nugent
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No
Which Council District do you live in? District 3
Current Occupation: Commercial Real Estate Broker Employer: CBRE
Recent and/or relevant work experience (please include dates) Sept 2018 - Present: Vice President, CBREMay
2012 - Sept 2018: Owner, Workspace InnovationsMay 1997 - Sept 2012: Finance/Operations Manager, Hewlett-Packard2017
Small Business of the Year Finalist, Fort Collins Chamber of CommerceCertified Public Accountant (Inactive)
Recent and/or relevant volunteer experience (please include dates) April 2020 - Present: Meals on Wheels VolunteerJul
2016 - June 2018: Poudre School District Foundation PresidentJul 2014 - Jun 2016: Poudre School District Foundation
Board MemberApr 2015 - May 2019: National Charity League2016 - 2017: Guaranty Bank Advisory Board
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I have given back to
my community in various capacities, and would now like to be more civically involved. As a 30-year community
member, and with my background as both a business owner and commercial broker, I believe I can contribute meaningfully.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I attended a meeting to support a friend and business associate with a project he had submitted. I spoke on his behalf,
along with many others. The board was thoughtful in discussions and worked hard to ensure they understood and applied the
Land Use Code appropriately. The experience was positive and I was impressed with how the board engaged with each other
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
My interest in this board lies in the fact that I have lived in FC for 30 years, am a property owner, a business owner and
most recently, a commercial real estate broker. I have seen how the planning process works from outside the fence, and
I'd like to learn more about the internal workings and how I can work with other board members, City staff and the community
ATTACHMENT 1 14.1
Packet Pg. 279 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Open Space vs. DevelopmentAs the City expands geographically and land becomes more scarce, citizens
and local government are placing more importance on open spaces, as seen with the Harmony Gateway and
Hughes Stadium discussions. Too many restrictions on land use can result in depressed values, lack
of development and eventually outcomes that can be opposite of intention. This board, by nature of
having cross-citizen representation, must consider competing needs to find the right balance through
creative solutions and commitment to community, within the guidelines of the Land Use Code.
2)Affordable HousingOne of the many challenges with affordable housing is the balance between an affordable
housing stock, developers' profitability requirements, community desires and city regulations. As
with the current mobile home zoning discussions, existing uses provide an opportunity to preserve affordable
housing in areas that already exist. While the specific economics of affordable housing will be debated
and calculated outside of this board specifically, the board should act through interpretation of the
code to enable these types of opportunities.
3)Changing Political LandscapeAll levels of government - national, state and local - have seen evolutionary
change, including the Fort Collins City Council. Political discourse is impacting many aspects of our
lives, and will impact the decision-making process of this board. Members will need to be good listeners
and open to input and able to take criticism. They will need navigate this environment to ensure appropriate
community input while still meeting obligations to the City, Land Use Code and constituents.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
N/A
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 280 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
I am a successful and community-focused business person in Northern Colorado, with
comprehensive experience in business strategy, operations and leadership; recognized
for strong project management capabilities, getting the most out of team members,
and meeting project deadlines. I am personable, flexible and accountable, excelling
in managing stakeholder communications and expectations. Core Competencies Project
Management · Acquisitions and Divestitures · Strategic Planning · Budgeting
· Financial Analysis · Business Plan Development · Cost Reduction · Branding
· Change Management · Business Development · Leadership · Problem Solving
· People Management · Legal Entity Structuring · Marketing Strategy · Risk
Management Relevant Experience VICE PRESIDENT CBRE 2018 - Present Full
service commercial real estate broker facilitating real estate sales, leasing and
consulting in Northern Colorado. · Developed marketing plan for existing team
to increase client touches, create client events and operationalize client database
activities. · Increased sales reach through social connections, engaging with
trade organizations and targeted sales campaigns. · Prioritize and manage negotiations
with up to 20 clients simultaneously. · Analyze and seek deals through existing
network, establish new client relationships, market properties and institute problem
solving techniques to exceed client expectations. OWNER/MANAGING PRINCIPAL Workspace
Innovations 2012 - 2017 Responsible for all aspects of operations
for a multi-million dollar business - strategic planning, marketing, sales management,
business development, project management, financial performance, people management,
customer satisfaction, securing financing, operational processes. · Visioned
and led complete re-branding of company to more tightly align with business model.
· Leveraged relationships to win multi-million dollar projects (such as Woodward,
City of Fort Collins, City of Greeley, Nordson Medical), resulting in a 700% increase
in revenue over a two year period. · Finalist for Fort Collins Chamber of Commerce
2017 Business of the Year. FINANCIAL/OPERATIONS PROJECT MANAGER Hewlett Packard
1997 - 2012 Finance and Operations project manager across three different
business units, and multiple functions. · Led acquisition and divestiture project
teams, including Palm acquisition. · Developed enterprise-wide pricing models
and trained users world-wide. Education and Licensure M.S Finance, Colorado
State University B.S. Accounting, Colorado State University Certified Public
14.1
Packet Pg. 281 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Accountant (Inactive) Licensed Real Estate Agent, Colorado Philanthropy/Community
Leadership Leadership Northern Colorado, Class of 2019 Member, National Charity
League Past President, Poudre School District Foundation
14.1
Packet Pg. 282 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Sara Jeanes
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 6
Current Occupation: Program Manager, Cloud Services Employer: Internet2 (Higher Ed Non-Profit)
Recent and/or relevant work experience (please include dates) I spent more than ten years in technical
roles for Campus housing at the University of Arizona. I help design and build, first hand, housing, green spaces,
and socializing spaces that fostered community and social understanding. I know how important it is for the community
surrounding a University to both accommodate for, and embrace the student population, as well as retain the unique
Recent and/or relevant volunteer experience (please include dates) I volunteer with the SAGE group at Innosphere.
Through this lens, I have insight into the innovation that the communities around around Fort Collins and Boulder
are fostering. This connection to the VC and business community of Fort Collins has connected me to to many smart
individuals with a range of backgrounds and skillsets.
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I have an interest in
pedestrian scale design and making cities both accessible and affordable for a large group of individuals of
all walks of life. I wish to be part of helping Fort Collins grow and evolve to be attractive to the next generation.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I was able to attend the October 2019 board meeting reviewing the application for the Garcia House Adult Residential Treatment
Facility. I found the interaction between the board members, and the interaction between the board members and citizen questioners
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
I am broadly read on topics of urban design, pedestrian scale design, and zoning law. I would categorize myself as bringing
an avid hobbyist approach to this role. I have a passion for making the city in which I live better, and more enjoyable
for my fellow citizens. I do hold an MBA but it is largely tangential to a role on the board.
14.1
Packet Pg. 283 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Affordability of walk-able housing - Fort Collins has spend many years developing Old Town Square as
a focus of walk-ability but maintains long structured zoning regulations to encourage more building
at the periphery, while restricting infill. One proposal to address these restrictions, while being
only lightly disruptive to existing neighborhoods, would be to permit the construction of lane houses.
These dwellings, popular in Vancouver, exit onto existing Old Town alleyways and can provide additional
residences while providing stable housing for families in the primary residence.
2)Mixed use zoning for residential bodegas and restaurants - Little on Mountain has proven to be a huge
success, providing needed outdoor life to Mountain Avenue. It pairs beautify with Beavers. But I can't
help but notice all of the storefronts that have been converted to houses, that used to provide corner
bodegas serving the neighborhoods. Encouraging more flexible zoning and permitting that encourages small
stores and restaurants saves from having to make a trip for milk to the big box store, and creates a
natural neighborhood gathering place to let folks meet and form connections.
3)Housing near transit - My partner and I are commonly the ride to the doctor for our elderly neighbors,
and during the pandemic this has become even more acute, even for retrieving groceries. Fort Collins,
and Old Town in particular, is beginning to build out taller (faux pedestrian friendly, if I my say
so myself) structures, but the price of these excludes all but the wealthiest. We are just at the front
of an extreme elder housing crisis and I would like to see more affordable options for folks, that can
complement the activities of the transit board and block grant commission.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
I do own a home in Old Town. Other than that, I do not foresee a serious conflict of interest.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 284 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Sara Jeanes Experience Internet2 (Higher Education Non-Profit and operator of the US Research and
Education Network) June 2018 - Present Cloud Services Architect and Program Manager Lead January
2015 - June 2018 Program Manager, Cloud Services University of Arizona July 2011
- December 2014 Assistant Director, Technology Services (de facto campus housing
and residential life CIO) July 2009 - July 2011 Principal/Senior Systems Administrator Education Master
of Business Administration Arizona State University Bachelor of Arts in Political Science University of
Arizona Volunteer August 2019 - Present SAGE Advisor, Innosphere
14.1
Packet Pg. 285 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Lori Brunswig
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 6
Current Occupation: Retired Employer: none
Recent and/or relevant work experience (please include dates)
Recent and/or relevant volunteer experience (please include dates) Served on the City's Water Board 2011-2019.
I studied stormwater management in college before serving on the Water Board. While on the Board, I learned
how the City of Fort Collins manages stormwater. I understand Federal, State and local rules and regulations involved
in developing around its floodplains and I am a proponent of the City's LID program. I understand water requirements
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I served on Water Board
from 2011-2019 and I enjoyed being a part of the city government process. I have a civil engineering degree and
I am very interested in the City's storm water management regulations and requirements for land development.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I have watched a number of Planning and Zoning Board meetings. This past year or two I listened in on the Harmony/I25 development,
the Hughes Stadium debate, the Rocking Horse development, and a number of others. I don't personally know anyone currently
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Civil engineering degree, self study of urban storm water management, 8 years on the Water Board. Good understanding of
Colorado water laws and City regulations pertaining to water taps for development. I am very familiar with energy and water
efficient appliances. I've seen a number of development plans and understand construction terminology.
14.1
Packet Pg. 286 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Insure a fair and balanced review of land use proposals and keep politics out of the process. I believe
in making sure that the rules and the regulations are followed and everyone's opinion is important even
if it disagrees with mine. Development proposals can be very contentious and the board needs to be
sure that the decisions they make are ethically and morally responsible. The public needs less upheaval
and better communication.
2)Continue to look at zoning and regulations that support affordable housing options. We need more student
rental options other than up-zoning single family neighborhoods. Continue to support housing for the
homeless. Verify that affordable housing development is not in floodplains or does not put other homes
and businesses in the floodplain.
3)The Oil and Gas Industry continues to apply for permits to drill near the City of Fort Collins from
the east and the north. This industry has already impacted Fort Collins air quality and the closer
they get, the more air quality problems and hazardous spills we will see. I worked on the O&G regulations
while on the Water Board. Planning and zoning needs to be prepared to respond to this growing health
threat.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
None
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 287 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
LORI BRUNSWIG
EDUCATION B.S. in Civil Engineering - Environmental Studies
3.0/4.0 Colorado State University, Fort Collins, CO Graduation May 1994 M.S.
in Civil Engineering Coursework - Jan 1994 -Dec 1994 Colorado State University,
Fort Collins, CO Environmental River Mechanics - Physical Chemistry Pollution
Prevention/Waste Minimization - Unit Operations-Environmental Engineering - Industrial
Waste Management RELEVANT EXPERIENCE City of Fort Collins Utilities
Jan 2011-Dec 2019 Water Board - One of eleven voting members · Advises City
Council regarding water, wastewater and storm water policy issues, such as water
rights, planning, acquisition and management, conservation and public education, floodplain regulations, storm
drainage and development design criteria. · Reviews,
makes recommendations, and takes action on Utilities staff proposed legislation
before it goes before City Council regarding budgets, fees, water quality and local, state and federal water
legislation, and floodplain regulation variances. · Provide
advice and citizen input regarding proposed policies and actions affecting Utilities
customers. EMPLOYMENT Larimer County Facilities 8/07-7/09 Support Services Fort Collins, CO · Provided
400 employees at the Health and Human Services buildings with facilities support services · 11/08 - 6/09
Worked with Director
of Facilities to establish a Larimer County Sustainability Program. Researched ways to eliminate water and
energy waste. · Initiated the process to receive
the Federal Stimulus funds Research Associate 9/05-4/06 CO Water Institute, Colorado State University Fort
Collins, CO · Researched current water related legislation, irrigation, agriculture, water quality, and emergency
supplies. · Wrote
documents and provided drafts on water related issues for use in newsletters, journals,
lectures, and conferences. Environmental Engineer 1/00-8/02 Brendle Group Environmental Consulting Fort
Collins, CO · Performed on-site energy and waste
stream environmental assessments for clients, researched applicable emerging technologies,
conducted feasibility studies and provided detailed client reports outlining
recommended steps to reduce identified pollutants. Student Research Engineer 1/91-12/94 Waste Minimization
Assessment Center Department of Mechanical Engineering Colorado
State University, Fort Collins, CO · Performed on-site pollution prevention and
waste minimization assessments of over 40 industries Co-author of technical
reports outlining specific recommendations and financial justification for each
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Packet Pg. 288 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
assessment including; detailed quantification and cost analysis of each
waste stream, identification of potential pollution prevention opportunities, and
calculations of cost savings quantified to a projected payback period. Larimer
County Sustainability Program 11/08 - 7/09 · Supported the Director of Facilities
in his efforts to establish a Larimer County Sustainability Program through research
and documentation of successful sustainability programs. Documented the
County's historical energy and water usage and then researched and provided current
technology on methods to reduce or eliminate water and energy waste. Colorado
Water Institute 9/05 - 4/06 · Researched and wrote a variety of documents
on water related subjects. INDEPENDENT RESEARCH - Past and Present Water
Supply and Storage · NISP, Halligan-Seaman Reservoir Enlargement Project, and
Windy-Gap Firming Project proposals · Tri-state agreement, Platte River Recovery
and Implementation Program and SPWRAP · South Platte Basin Compact Committee
and its sub-committees · Climate change research · Water conservation Stormwater
· City of Fort Collins Stormwater Utilities - historical and current council
actions, ordinances, policy documents and past, current and proposed future
projects · Low Impact Development technologies Water Quality · Colorado
14.1
Packet Pg. 289 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Emily Peddicord
Mailing Address:
Residence: .
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 1
Current Occupation: Executive Project Consultant Employer: Gleeds USA
Recent and/or relevant work experience (please include dates)
Please see attached.
Recent and/or relevant volunteer experience (please include dates) Most currently, I have been the Secretary
on the Board for Habitat For Humanity Fort Collins 2014-2020. I volunteer at the Larimer Humane Society, and
was a participant in the Leadership Fort Collins Class of 2016 in which we participated in volunteer activities.I
volunteer at Riffenburgh Elementary in my child's class occasionally.
Are you currently serving on a City board or commission? Yes No
If so, which one? Planning and Zoning Board
Why do you want to become a member of this particular board or commission? Please see attached.
Please see attached.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I talked with Jeffery Schneider and Angela Milewski about their experiences on the commission. I have also reviewed meeting
agendas and attended. City Council meetings involving planning and zoning decisions in my involvement on the Habitat for
Humanity board of directors. I have been involved with several Development Planning reviews for construction projects
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Please see experience listed on resume. I have 19 years within the construction industry and have a solid understanding
of the development process. I have also served on a non porofit board of directors for several years and appreciate the
work and passion that is required to serve.
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Packet Pg. 290 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Affordable Housing - Having served on the board of directors for the Fort Collins Habitat for Humanity
for 7 years, I was able to see first hand how short Fort Collins is on inventory of affordable housing.
The partnership between a private investment LLC, Neenan, Habitat and the City created an amazing opportunity
at the Harmony Cottages development at the corner of Taft and Harmony. I think that this board has
the capability to anticipate and encourage more prospects like this by providing information and connections.
Affordable childcare also falls into this category in Ft. Collins also
2)Attracting and Retaining Prime Employers- Fort Collins is consistantly listed as a one of the top cities
in the US to live in, however, employment rates (up until COVID) were extremly low, which can make it
difficult for prime employers to find employees, and therefore hard for them to locate within the City.
I feel this board has ability to help City Council work with companies to create win-win partnerships
for all parties. I was able to see this in action on the Woodward HQ project.
3)Development and Permitting Processes - As a contractor I have seen first hand how development and permitting
process work in several cities and municipalities. Fort Collins has a robust system in place with many
positive and important components. I believe there are opportunities for more efficiencies and automation
which this board may be able to provide input on.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
None
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)Past Members, Chamber of Commerce
14.1
Packet Pg. 291 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Emily Peddicord
Years of construction experience:
19
Bachelor of Science, Architectural
Engineering, University of
Colorado – Boulder
LEED® Accredited Professional
Hometown: Fort Collins
FCHS Alumni, 1997
Emily Peddicord has almost 20 years of construction project
management experience in a wide range of sectors including
commercial, manufacturing, government, hospitality and research
facilities. She has a proven ability to fulfill development through
closeout responsibilities for complex projects including schedule
development, review and updating to ensure project success.
Her ability to communicate goals, standards and details from
design to the field is critical in guiding her team, at times
comprised more than 30 subcontractors, to deliver above client
expectations. Emily’s passion for the industry translates to overall
success for all parties involved.
Emily is highly involved in her hometown community serving as
Secretary on the Board of Directors for Habitat for Humanity for
six years and provides consultation to the Poudre High School
Geometry in Construction program. Since graduating from the
Leadership Fort Collins and Leadership Northern Colorado
programs, she has been a member of the Steering Committee for
Leadership Fort Collins with the Chamber of Commerce. Her
passion for the town she grew up in comes from watching her own
children enjoying the benefits of a city that continues to be one of
the top places in the United States to live.
Work Experience
Gleeds USA Executive Project Consultant
November 2019 – Present
Responsibilities include cost, schedule and overall project
consultation for clients such as Platte River Power Authority,
Ent Credit Union and Amazon.
Kuck Mechanical Director of Operations
September 2018 – September 2019
Daily oversight of company operations including estimating,
business development, financial controls and project
management.
SaundersHeath Construction Project Manager
September 2017 – September 2018
Responsible for full project management responsibilities for
construction.
*Red Truck Beer, Ft. Collins, CO | $3M | Project Manager
Mortenson Construction Project Manager
September 2001 – September 2017
Over the years Emily was responsible for all aspects of project
management at one time or another, including full oversight
and control on construction, including contract, safety,
schedule and relationship management. PROJECTS
INCLUDE:
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Packet Pg. 292 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Emily Peddicord »Larimer Humane Society, Loveland, CO | $14.6M | Project
Manager
» Woodward Lincoln Campus, Fort Collins, CO | $110M | Sr.
Quality Manager
» Byron G. Rogers Federal Office Building Modernization, Denver,
CO | $145M | Sr. Quality Manager
» Coors Field - Mountain Ranch Bar Remodel, Denver, CO | $357K |
Project Manager
» Renewable Manufacturer, Brighton, CO | $65M | Quality Manager
» Ritz-Carlton Hotel, Denver, CO | $52.8M | Assistant PM
» University of Colorado Denver - Research II, Aurora, CO | $201M |
Assistant PM
» NREL | $45M | Project Engineer II
» Cherry Creek North Redevelopment, Denver, CO | $23M | Project
Engineer
» Exempla Good Samaritan Medical Center, Lafayette, CO | $137M |
Cost Engineer
» Broadmoor Hotel - Main Hotel Renovation Phase III, Colorado
Springs, CO | $27.8M | Field Engineer
References
Kristin Candella
Executive Director and CEO
Fort Collins Habitat for Humanity
4001 S. Taft Hill Road, Fort Collins 80526, 970-488-2602
kcandella@fortcollinshabitat.org | www.fortcollinshabitat.org
Angela K. Milewski | BHA Design Incorporated
office: 970.223.7577
mobile: 970.443.1858
amilewski@bhadesign.com
14.1
Packet Pg. 293 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Rena Trujillo
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 6
Current Occupation: Community Organizer Employer: The Colorado Trust
Recent and/or relevant work experience (please include dates) Community organizer with the Colorado Trust:
March 2020- Present. Spokes-council member with the Fort Collins Community Action Network: January 2019-Present
·Serve as a community representative to advocate for communities I work closely alongside. President and Active
member of Pi Lambda Chi Latina Sorority, Incorporated: August 2017-2019.
Recent and/or relevant volunteer experience (please include dates) Frontline Farming (Food Access/Distribution):
June 2019-Present. Children, Youth, and Families (Scholarship Mentor): Fall 2016-Present. SLiCE/CSU Serves (Volunteer):
December 2016-May 2019. Learn and Serve in Ghana (Study Abroad): Winter 2018-2019. Campus Connections (At-Risk
Youth Mentor): January 2018-May 2018.
Are you currently serving on a City board or commission? Yes No
If so, which one? Planning and Zoning Board
Why do you want to become a member of this particular board or commission? I am interested in the
Fort Collins Planning and Zoning Board, because it is a critical and vital space where decision-making regarding
land use is taking place. These decisions are shaping our.....(Response continued in "Additional Comments" field).
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
I have experience facilitating and co-facilitating meetings.
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Packet Pg. 294 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Climate change- Climate hazards facing Fort Collins include declining water availability, extreme temperatures,
and wildfires. These hazards are exacerbated when we factor in population growth and dependency on fossil
fuels which increase our greenhouse gas emissions. I believe this board should be considering how we
can build resilience as a community to respond to impacts of climate change by making decisions regarding
land use with sustainability and future generations in mind. Urban ecosystems and green infrastructure
are cost-effective solutions compared to traditional infrastructure.
2)Social, racial, economic, environmental injustice- Fort Collins is experiencing housing insecurity,
poverty, and homelessness. If the issue at hand is access to affordable housing, this knowledge of the
existing social inequity should be used to inform the recommendations made to City Council regarding
proposed land use and development projects. In addition, there exists a need for more transportation
options and board members could address this issue by factoring in potential to reduce greenhouse gas
emissions through public transit and ensuring it is affordable to address accessibility.
3)Profit/budget- we exist in a time where profit is often valued over life; yet, science tells us that
the way we are living is not sustainable and must change if we want to continue to exist. When considering
development plans, I believe the budget will be critical for members of the Planning and Zoning Board
to be cognizant of- especially given our current reality with COVID. Having various perspectives amongst
the board will allow for practical approaches to short and long-term priorities by shedding light on
the complexity of existing community needs and resources.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
I cannot think of any activities which might create a serious conflict of interest.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)Referral
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Packet Pg. 295 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
continuation: communities, while impacting our futures. My role as a board member would allow for
intergenerational approaches to guide development plans that are impacting former, present, and future
generations. I am a young person of color
who is inheriting and responsible for bettering a world where climate change and
inequity are impacting our everyday life. Additionally, I am a community organizer
in Fort Collins whose work is foundationally built upon building and deepening relationships with
community members from many walks of life. I can offer knowledge and experience as it relates to
social, economic, environmental, and racial justice. I know
this board will provide opportunities to ask important questions and engage in conversations and
decisions that will explore land use impact on all members of our community, including our actual lived
environments. Resume: Rena Trujillo (she/her/hers) PROFESSIONAL
SUMMARY · Actively committed to creating a more just and more equitable world
by working across difference · Lifelong learner with strong communication and interpersonal skills · An
impressive amount of customer service experience · Ability
to foster and maintain positive, respectful relationships with people across differences
in race, class, language, culture, ability, belief system, gender and sexual orientation
EDUCATION Colorado State University August 2015-May 2019 Bachelor of
Arts in Ethnic Studies and minor in Women's Studies EXPERIENCE AND SKILLS · Creative and
critical thinking · Research and analysis · Problem solving · Superb interpersonal skills · Time
management · Writing PROFESSIONAL
EXPERIENCE Intern with Fort Collins Community Action Network for Peace, Justice
& Environment (FCCAN) January 2019-Present Fort Collins, CO · Co-facilitate anti-
oppression workshops that
focus on intersectionality and how to dismantle and/or not replicate oppressive
structures within organizations. Co-facilitate community events such as Healing Justice that are offered
through FCCAN · Regularly attend Fort Collins Sustainability
Group (environment & sustainability), Fuerza Latina (immigration), Fort Collins
Homeless Coalition (protect and advocate for people experiencing homelessness) monthly
meetings · Serve as a community representative on the spokes council to advocate
for communities I work closely with and partake in conversations surrounding all administrative matters
(funds raised, money spent, and community outreach programming) · Complete tasks such as updating
resource lists for Fuerza Latina which includes
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Packet Pg. 296 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
researching community programs and services, contacting immigration lawyers in Colorado
to inquire about their services, fees, and availability, seeking out bilingual services
and points of contact · Attend finance and fundraising committee meetings to
discuss potential and upcoming community events. In this space, we often discuss
grant opportunities and how to proceed forward with awarded grants Server at Texas
Roadhouse January 2018-Present
Fort Collins, CO · Demonstrate genuine hospitality while greeting and establishing
rapport with guests · Proactively prepare for large reservations and parties
by anticipating planning and staffing needs · Manage closing duties, including
restocking items and closing out the computer system (POS) · Possess excellent
conflict resolution skills in the event of patron dissatisfaction President & Active
member of Pi Lambda Chi Latina Sorority Inc. August 2017-Present Colorado
State University Fort Collins, CO · Actively engage in cultivating
spaces that are absent on predominately white institutions by bringing to campus
Dr. Lisa Vallejos to talk to students of color about mental health, immigration
lawyers who provide knowledge and resources, and sexual health educators · Facilitate
weekly meetings where we discuss administrative matters, report out from each position,
14.1
Packet Pg. 297 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Ryan McBreen
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 3
Current Occupation: Land Planner Employer: Norris Design
Recent and/or relevant work experience (please include dates) I've been a land planner at Norris Design
for more than 16 years. We are a landscape architecture, land planning and branding firm. During that time
I have helped design, entitle, and build numerous projects ranging from multi-family to single-family to small
commercial projects to master planned communities. I understand code, I understand how to read to and how it
Recent and/or relevant volunteer experience (please include dates) Soccer Coach 2013-15Football Coach 2014-16Basketball
2015WatchDOG (Dad of great students) - 2012-2018Classroom volunteer for three children - 2012-2020
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? As an experienced land
use planner I understand the inner workings of development and land use. As a resident of Fort Collins I want
to be able to give back, and giving back utilizing the best skillet I possess is the best way I can think to do
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
Yes, we have worked on projects within the City, so I have been a part of several meetings and also have watched study sessions.
I have not personally talked with anyone on the board.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
My undergraduate and graduate degrees are in land use planning and been a land use planner for 16 years. I have worked
within dozens of municipalities throughout Colorado and that has caused me to have to read and understand many different
applications of code. Additionally, being in the career I am in has helped me better understand the development industry.
14.1
Packet Pg. 298 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Application of code. The role of the P&Z Board is to be an impartial board that reviews every case
independently and either provide a recommendation to Council or be the final vote. Our decisions should
be based on what the code and other governing documents prepared by the City say to ensure the approved
plans are followed. Voting shouldn't be based on feelings, what an individual thinks *should* happen,
or politics. From watching previous hearings it is clear that is not always the case.
2)Fairness. Its important that applications that are brought before P&Z Board are reviewed fairly and
equitably. That City Staff and Applicants receive consistent reviews and feedback from the board. This
comes back to issue one, consistent application of all applicable code and guiding documents.
3)Professionalism. As a long time attendee/presenter at P&Z meetings both here and throughout the Colorado
Front Range, I feel its very important that at a Board member you treat every application as your #1
priority. That means reading all materials, understanding the application before hearings, and asking
questions where your understanding falls short. My experience with P&Z has been mostly positive and
feel that they are prepared during these meetings, so I feel it is important and any new member also
has this level of accountability.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
I have three younger children (7, 10, & 13) so that is always an unknown. But for the most part I believe
I can adequately fulfill the duties requested of me.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 299 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Joe Rowan
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No
Which Council District do you live in? District 5
Current Occupation: finance low income housing Employer: Impact Development Fund
Recent and/or relevant work experience (please include dates) Director of Commercial Lending (2001-present)
-Working throughout the state with community leaders, policy makers, nonprofits, financial institutions and
developers to identify policies, strategies and financial structures to deliver housing primarily targeted to
low-income and underserved populations. Secondary emphasis on meeting housing needs and economic development
Recent and/or relevant volunteer experience (please include dates) Fort Collins Chamber of Commerce, Local
Affairs Committee (1994-present) - Weekly engagement with civic leaders, policymakers and subject matter experts
to better understand myriad and complex issues that impact residents of the city and county. Of particular personal
interest are issues relating to planning, development and strategic initiatives that impact economic inclusiveness
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? As the city moves ever
closer to build out of undeveloped parcels, it becomes increasingly important to assure that policies, and the
implementation of those policies, promote greater inclusion of new and existing residents of our community.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
Have attended or observed meetings of P&Z numerous times over the years. As in the past, discourse among the current Board
does not project a cohesive vision of Council's mandate of equity, inclusion and justice. Narrow focus upon inconsequential
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Though not a certified planner, much of my professional experience revolves around the development of mixed-use and residential
properties. Working in communities across the state, and as a consultant outside Colorado, I have enjoyed opportunity to
engage multiple interests, public policies and processes to achieve balanced outcomes.
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Packet Pg. 300 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)City Plan and the host of attending documents, coupled with zoning and design standards exhibit (perhaps)
unintentional exclusiveness that discourages diversity of thought and deed. To achieve the expressed
desires of this Council, it is imperative upon P&Z to objectively examine the subtle nuance and implied
preference given to a more narrow interpretation of a desirable community. It is not simply a contest
of wills between the development community and statists, but a thorough assessment of disparate impacts
of public policy and prevailing business practice.
2)Balance between growth management and economic vitality. As residents of the community, we all face
issues that require a trade-off between the ethereal and pragmatic. P&Z, in particular, is charged
with defining and interpreting the degree to which that balance is achieved within the built environment
to the satisfaction of an amorphous few. The Board must be charged with examining policy, practices
and procedures to assure input is received and correctly incorporated from all segments of the community
rather than accede to the loudest voices.
3)Ushering a more resilient, sustainable environment that promotes long-term vitality and opportunity
for refreshing the community as circumstances change over time. As a 35-year resident, the community
looks very different today than it did then and we should all hope it looks much different 35 years
hence. As a key instrument for enacting the built environment, P&Z plays a vital role in this constant
process of reinvention. To that end, the Board should set aside time to explore a vision beyond current
proposals and imagine how we might leave opportunity for future iterations.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
Occasional conflicts will arise from my professional affiliation with applicants presenting before the
Board; perhaps one or two times per year. As owner of real property within the city, there are times
when project proposals will trigger a proximity notification.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)Current member
14.1
Packet Pg. 301 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Mary Grant
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 5
Current Occupation: Retired small business consultant Employer: Self employed for 35 years
Recent and/or relevant work experience (please include dates) I am a trained facilitator and a business
consultant with over 35 years of experience in strategic and operations leadership for rapidly growing organizations.
I specialized in holistic solutions which optimized efficiency and profitability without sacrificing customer
service. I designed and implemented the infrastructure to support entreprenuel endeavors, new product launches,
Recent and/or relevant volunteer experience (please include dates) Growing up on the east coast, I lived in
communities where "giving back" was part of the culture. I served on the boards of Big Brothers and Big Sisters
and Junior Achievement (1980's), I have been a CASA in VA for 5 years 2010, Written and delivered curriculum for
The Matthews House (2018) and am currently a Sage Advisor (2018 to Present)
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I have been in Fort
for 4 years. Part of the reason we moved here is the quality of life afforded by the City of Fort Collins.
Unfortunately, maintaining quality of life in a growing community is complicated and requires a balanced effort.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I attended the P&Z meetings addressing the Hughes Redevelopment Zoning Recommendation.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
I am a skilled facilitator with a strong business background. I have worked with many entities addressing difficult communication,
growth and organizational issues using creativity, problem solving, communication and facilitation skills.
14.1
Packet Pg. 302 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Affordable/Attainable Housing - Moving to Fort Collins was somewhat surprising to me. Coming from the
Mid-Atlantic where housing prices were sky high, I expected that Fort Collins would be affordable.
It is sad when University employees cannot effort to buy a house and do not see homeownership in their
future. There are many other Fort Collins citizens in the same predicament. The P & Z Board must work
with the city and the community to identify innovative ways of solving this problem.
2)Builders vs. Community - Fort Collins has been referred to as a world class city; however, our beloved
city is suffering from growing pains. Since I have been in this town, the number of housing developments
being built and in the planning stages represent close to 10,000 new homes. The builders want to build
and the community wants to maintain quality of life. Businesses need to be able to thrive and grow.
We need vision, collaboration and compromise to make this city work now and for the future.
3)Senior Housing - Fort Collins is a beautiful place to retire. Seniors today want to retire in place.
This city needs to plan affordable, accessible senior communities that allow for healthy, safe environments
for our aging population.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
Since I was an original founder of PATHS, the Hughes Redevelopment could create a serious conflict of
interest.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 303 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Patrick Rowe
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 6
Current Occupation: Real Estate Consulting and Investme Employer: Collective Capital Group LLC
Recent and/or relevant work experience (please include dates) Principal at Collective Capital Group (Fall
2018 to Present). Performing real estate and investment consulting services (financial analysis/modeling, P3
consulting, project management/development assistance. City of Fort Collins, Economic Health Office, Redevelopment
Coordinator (Fall 2015 to Fall 2018). Urban Renewal Authority program staff person and other redevelopment focused
Recent and/or relevant volunteer experience (please include dates) Current Board member of the Loveland Housing
Development Corporation, a 501(c)(3), which is an affiliate of the Loveland Housing Authority focused on creating
affordable housing opportunities (January to Present).My wife and co-mentor a Partners Mentoring Youth mentee
(2018 to Present).
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I feel strongly about
the importance of the built environment and how it reflects and shapes a community. I'd love the opportunity
to participate on our City's P&Z Board and provide policy input to City Council, and apply the City's Land
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I have attended a handful of P&Z board meetings in the past. It's always been a board that has interested me. I think
the board has an important role in our community.
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Knowledge of public finance;Understanding of development underwriting and financial modeling;Familiarity with Land Use Code;
14.1
Packet Pg. 304 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Creating and maintaining affordable options for a diverse and supportive community. Providing affordable
housing options is vital to our community on so many levels. I think home ownership brings pride and
personal investment to a community; it offers stability and wealth creation; it's critical to employers;
it supports diversity of all types; it provides safety and stability to our most vulnerable; and, is
critical to the retention and support of young professionals, entrepreneurs, artists, etc. Within the
limits of the Land Use Code, P&Z should offer support and creativity in addressing this issue.
2)Navigating challenges of a growing community within a growing state. Our city, the region, and the
state are all experiencing significant growth. Growth can bring about many positive benefits, such
as increased and more diverse employment opportunities, cultural benefits, infrastructure and community
investment; and, it can also create many challenges, such as traffic congestion, air quality issues,
parking challenges, overstressed infrastructure, and more. A thoughtful and open-minded approach is
critical to navigating these challenges.
3)Achieving high standards in an era of rising costs. Meeting our high standards for community amenities,
infrastructure, and planning requirements will continue to be challenging given the high cost of development
and construction. It will be important to continue to provide a predictable, constructive, and creative
review/entitlement process.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
Real estate consulting and investment. Of my current projects, only one is currently in Fort Collins.
With disclosure, I don't foresee this as being a significant issue.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 305 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Ted Shepard
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
Yes No
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year?
Which Council District do you live in? District 6
Current Occupation: Retired and Census Enumerator Employer: Dept. of Commerce Bureau of Census
Recent and/or relevant work experience (please include dates) I am a retired city planner (2019). I was
employed by the City of Fort Collins Planning Department for 33 years achieving the position of chief planner.
Prior to that, I was a county planner for Adams County. My main focus was Current Planning (development review),
crafting and amending the Land Use Code and participating in establishment of various subarea plans such as the
West Central Area Plan. Regarding the LUC, I was the principal author for a wide variety of processes and standards.
Recent and/or relevant volunteer experience (please include dates) I am on the board of directors for the Foothills
Gateway Rehabilitation Center Foundation. I have served on this board for over 10 years most recently as vice
president. I am also a community member for Larimer County's Housing Priority Committee of the Partnership for
Age-Friendly Communities and have served in this capacity for about one year. I am aware of the role and responsibilities
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I have a demonstrated
passion, plus experience, in ensuring that comprehensive planning and development review contribute to, and enhance,
the high quality and character of our City. Fort Collins is unique. I would like to carry on this tradition.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I staffed the Board for 33 years. This included writing staff reports and making recommendations on residential, multi-family,
commercial, industrial and institutional development applications. I managed the process of amending the Land Use Code between
1997 and 2019. As a sampling, I crafted standards and guidelines for big box retail, River District, I-25 Corridor and West
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
As noted, I was a practicing professional planner for the City for 33 years. Being a member of AICP, I was required to
earn a required minimum number of continuing education credits every two years. I was skillful at moderating public participation,
code writing, development review and policy formation. I was a topic expert on a wide variety of standards and regulations
14.1
Packet Pg. 306 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Comprehensive Planning - the Board, through City Plan and Subarea Plans, advises Council on all aspects
of growth management. Plans and policies chart the course for the future. These policies are the foundation
of standards in the LUC. The Board needs to address these issues by refreshing the I.G.A. with Larimer
County to ensure that land development in the G.M.A. is equal to the standards of the City to prevent
sprawl, ensure separation between cities and the efficient delivery of services and utilities. Annexing
and zoning the E. Mulberry Corridor are critical issues facing the Board.
2)Development Review. The Board has quasi-judicial authority in the review of development projects. The
critical projects facing the Board include the redevelopment of Hughes Stadium, Montava and infill development
of 20 acres at S. Shields and W. Stuart. Establishing redevelopment standards for E. Mulberry Corridor
will be crucial in assimilating this area into our urban fabric. Redevelopment in Midtown along the
MAX (K-Mart, Chuck E Cheese and SpradleyBarr Mazda) will set the quality and character along S. College
for the next generation as will planning for the MAX extension on W. Elizabeth.
3)Process, Equity and Ethics. The Board must strictly adhere to established processes at all times. All
parties must be treated fairly and equitably without regard to race, religion, nationality or socio-economic
position. There must be respect and professionalism in the deliberation of plans, policies and projects
among Board members. As a member of the AICP, I was required to renew the ethics requirements every
two years. If selected, I would recommend that all Board members be similarly obligated so that the
overall ethics of the Board could be elevated beyond reproach.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
I am currently advising a potential applicant for a multi-family development project. If this project
comes before the Board, I will declare a conflict of interest and recuse myself from any proceedings
and deliberations related to this pending project.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)I was encouraged to apply by interested citizens.
14.1
Packet Pg. 307 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
In summary, I am passionate about continuing to advance the high quality of comprehensive
planning and development review that our City has established over the decades.
This passion will be manifested respectfully, professionally and ethically. The
field of Planning is evolving with the times. There are areas related to housing
equity, health for all citizens and access to locally produced food that are on
the cutting edge of the profession. Moving forward, I look forward to participating
in finding the best approaches for our community to address the all the relevant
issues of our times.
14.1
Packet Pg. 308 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Kathryn Dubiel
Mailing Address:
Residence:
Home Phone: Work Phone:
Zip:
Zip:
Cell Phone:
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No
Which Council District do you live in? District 2
Current Occupation: Enumerator Employer: US Census Bureau
Recent and/or relevant work experience (please include dates) Public School Teacher 2007-2014Certified
Public Accountant - various roles 1991-2007Inside Wiring Electrician including 4-year apprenticeship 1978-1981;
licensed journeywoman 1981Small Business Owner 1977-1980
Recent and/or relevant volunteer experience (please include dates) Leadership team / event organizer Home
Food Colorado 2015 - presentNeighborhood organizer / event planner and host 2015 - presentProject developer/activity
planner/volunteer for children in institutional foster care - St. Vincent Children's Home 1990-1996Volunteer delivering
direct service to the homeless and people living in poverty - Someone Cares Mission 1987-1996
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I believe in the mission
of the Planning and Zoning Board and feel I could make a significant contribution to its work. In the recent
10 years, I've followed the work of the Board. This has given me an appreciation for the contributions it makes.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
I have attended both the work sessions and the hearings of the Planning and Zoning Board. The Board members are able to
share different points of view without rancor and that's important to me. The Board seems committed to fair hearings, ethical
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
Proven ability to research and accurately apply complex codes including updates thereof, e.g., the National Electrical Code,
US Tax Code, forms of business organization, State and Local tax and business regulations, Financial Accounting Standards
Board & Government Accounting Standards Board rules/procedures; familiarity with construction documents and terms; familiarity
14.1
Packet Pg. 309 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Quality planning and development for a fast-growing small city. Our City has many needs and many constituencies
that are being addressed by matters before the P & Z. One role of a Board member is to advise the Council
on land use policy issues brought before them under Council's direction, by the Board's functions as
defined by the Municipal Code, and by the Staff all of which aim to better align the City's planning
documents and its LUC with changing times. In recent years, I've seen the TOD created, the PDOD, Metro
Districts, PUDs and City Plan changing to meet our changing City.
2)Thorough knowledge and application of the Land Use Code by members of the Board. The members of the
Board bring a variety of life skills and work experiences to their Board assignments. However, no member
will have studied every Article of the Code in depth. Since projects are evaluated on their compliance
with the LUC, I think it would be helpful for individual members to become subject matter experts thereby
increasing the knowledge base for the entire Board. I'm sure the individuals who choose to serve on
this Board are all self-starters as am I. But this might be looked at.
3)Checking with Staff to determine that public outreach has occurred for non-routine matters to be handled
by the P&Z Board. Examples would be when Land Use Code revisions are proposed, when policy matters
are coming before the Board such as proposals for manufactured housing, or major annexations. Development
Review has a predictable timeline for the public to follow -- neighborhood meetings and scheduling of
the P&Z hearing where public comment is part of the agenda. Public outreach should be similar for non-routine
matters.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
I know of none. I have filed an appeal of the CDNS Director's decision on a minor amendment which
has not been scheduled for a hearing before the Planning and Zoning Board as required by the LUC. I
have no financial interest in the outcome of the appeal. I would follow the Chair's direction if on
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 310 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Certifications, Education, and Honors Professional Certifications Obtained Colorado
Professional Teacher License - Elementary Education endorsement Colorado Certified
Public Accountant Oregon licensed Journeywoman Inside Wiring Electrician Degrees
Held Master of Arts in Reading University of Northern Colorado, Greeley, CO Bachelor
of Science in Business Administration - Accounting major University of Missouri
- St. Louis, St. Louis, MO Honors Summa cum laude graduate for both Master
and Bachelor degrees Work Experience Classroom Teacher / Reading Intervention
Specialist Poudre School District, Fort Collins, CO; Thompson School District,
Loveland, CO Performed teaching duties in partnership with school staff, students
and their families and community members; planned and provided instruction aligned
with school district curricula and utilizing educational technology; maintained
records of student achievement and reported thereon; responsible for design and
implementation of educational and behavioral interventions; maintained and advanced
skills through participation in professional development classes and professional
reading Sales Tax Auditor City of Fort Collins, Fort Collins, CO Planned
and performed audits of sales and use tax remittances; maintained official documentation
and correspondence related to assessments and payments; responded to audit appeals;
answered questions from external customers about sales tax licensing, processes
and regulations; developed documents for public distribution that explained municipal
code and regulations; maintained effective working relationships with employees
and departments; worked with others in the department to develop, implement and
evaluate modifications to existing procedures; maintained databases and created
reports to assist in selecting businesses for audit Accounts Receivable Accountant
Health District of Northern Larimer County, Fort Collins, CO Managed accounts
receivable for a not-for-profit dental and health services clinic; billed third
parties and set up payment plans with individuals; performed account reconciliations
and responded to all internal and external inquiries about account balances; in
the role of grant accountant, compiled data and wrote reports for various grants;
generated and mailed patients' monthly statements; mastered the use of a new
dental practice management software (Dentrix) and trained others; played a key role
in the complete and accurate migration of data from the previous software; monitored
accounts for integrity, researched and corrected discrepancies; frequently assisted
dental front office personnel with using a variety of software Internal Auditor
14.1
Packet Pg. 311 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
/ Chief Accountant Hewlett Packard Company, Fort Collins, CO Planned and performed
a company-wide internal audit of Credit and Collections; maintained official documentation,
correspondence and reports of audit findings; established and maintained effective
working relationships with all employees; chief accountant of a software subsidiary
of Hewlett Packard for four years until the company was divested; supervised payroll,
accounts receivable and payable, credit and contracts; implemented adherence to
all FASB requirements and all Federal, State and local laws pertaining to the business;
prepared monthly, annual and ad hoc reports for executives and presented financial
information at meetings; trained and supported coworkers in the use of a variety
of software; documented processes; maintained records; communicated effectively
orally and in writing with external auditors Accounts Payable Accountant Wellington
Environmental Management Company, Saint Louis, MO Managed accounts payable within
significant cash flow constraints; assisted Controller with cash flow forecasts;
performed account reconciliations; prepared payroll for office and field employees;
prepared state and federal payroll reports and remittances Grant Accountant
Bi-State Transit, Saint Louis, MO Monitored contracts and disbursements for
multi-million dollar light rail project; prepared grant reports; prepared reconciliations
14.1
Packet Pg. 312 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP
ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES
INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT
If you have questions or need more information, contact:
City Clerk's Office (300 LaPorte Avenue) at 970.416.2525
Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area
Board or Commission: Planning and Zoning Board
Name: Jerry Gavaldon
Mailing Address:
Residence:
Work Phone:
Zip: Zip:
Cell Phone:
Home Phone:
E-Mail Address:
Have you resided in the Fort Collins Growth Management Area for at least one year? Yes No
Which Council District do you live in?District 1
Current Occupation: Semi Retired, Realtor Employer: Independent Broker
Recent and/or relevant work experience (please include dates) 1. Past P&Z experience. Serviced from 1996
to 20052. Past Chair and Vice Chair on P&Z, 2 years in each role. 3. Vast Working knowledge of the Land Use Code,
Revised City Plan, Transportation and BAC experience. 4. I am very familiar with the development review process
of our city. I have been involved with the process for a number of years. 5. Real Estate Broker and Real Estate
Recent and/or relevant volunteer experience (please include dates) 1. Planning and Zoning Experience, served
from 1996 to 20052. Transportation Board Member 2018 to current. 3. BAC Liaison for the Transportation Board.
2019 to current. 3. Stonehenge Communication Association board President 2013 to current4. Stonehenge Communication
Association member 8 years prior to 2013.5. Instructor for a class HOA and Metro Disctricts for the Fort Collins
Are you currently serving on a City board or commission? Yes No
If so, which one?
Why do you want to become a member of this particular board or commission? I have served on the
P&Z Board from 1996 to 2005. I have a vast working knowledge of the board. I want to help and make a contribution
to our city to ensure good representation and fair balance to the board on its decisions.
Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board?
Yes No
If yes, please share your experience:
1. Planning and Zoning Board member 1996 to 20052. Past Chair and Vice Chair of Planning and Zoning, 4 years. 3. I have
made presentations to this board a number of times. 4. I have consulted groups of the working and process of the Planning
List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this
board or commission:
1. Past experiences of being on the Planning and Zoning Board. 1996 to 20052. Real Estate Broker license and experience
2000 to Curretnt. 3. Instructor for FCBOR on HOA's and Metro Districts. 4. Past Chair and Vice Chair. Working knowledge
of Roberts Rules of Order. 5. Meeting management form HP, volunteering groups with process focus to ensure respect, views
14.1
Packet Pg. 313 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
Briefly explain what you believe are the three most important issues facing this board or commission, and how do you
believe this board or commission should address each issue?
1)Infill development: The code and process makes this a difficult process for development and or redevelopment.
I feel that the board and city needs to be flexibility so people can develop and or redevelop so not
to impact neighborhoods, traffic in a fair and equitable manner. The code, zones must be adjusted to
allow for for this, however, protect neighborhoods and work with in the process.
2)Hughes Stadium, Montava ... are big developments facing our city. The board must be able to do its job
with out unfair/undo and outside influences. The board must be fair and transparent so the community
and others be heard and a fair ruling with in the documented process that is on record. This will allow
the board to conduct a fair and impartial hearing that all citizens and developers can trust and respect.
3)The board must be comprised of a open and balance representation so the community and business can trust
and respect. Diversity is most important so citizens know that we are a full inclusive community. All
views should be heard and respected. I believe in a open fair and equitable process.
Please specify any activities which might create a serious conflict of interest if you should be appointed to this board
or commission:
None that I know of. If selected for the Planning and Zoning Board, I will resign my seat on the Transportation
Board and the BAC committee.
Upon application for and acceptance of appointment, board and commission members demonstrate their intention and
ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.
By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins
and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado:
-that I meet the eligibility requirements of the position sought and
-that the information provided in this application is true and correct to the best of my knowledge.
Signature: Date:
Optional: How did you learn of a vacancy on this board or commission:
Newspaper Cable 14 City News (Utility Bill Insert)Website
Other (please specify)
14.1
Packet Pg. 314 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
RESUME
JERRY GAVALDON
CAREER OBJECTIVE
To become associated with a challenging profession and dynamic strategic company where I can apply my
quality process knowledge, testing expertise and can be a major contributor in helping the organization
meet/exceed their goals in the market place. I am an energetic, self-motivated, committed individual who
thrives on new, exciting, complex challenges and opportunities.
EMPLOYMENT HISTORY
7/2003 Current Real Estate Broker, Gavaldon Real Estate, Fort Collins, CO
•Owner Broker for Residential and Commercial sales
9/2017 — Current Spectra Food Service, Concessions Supervisor at the Budweiser Events Center
and associate facilities, Loveland, Colorado
6/2017 — 09/2017 Levy Premium Food Service, Concessions Supervisor at the University of
Colorado, Boulder, Colorado
12/2015—2/2017 Rise Broadband, Loveland Colorado
•Escalation Representative, Handle all Escalations for corporation. Verbal and written escalations
from BBB, FCC, VIPmail box, Websites, Social Media and from other sources.
•Develop written process documentation, flow chaffing, date collection, analysis and presentation
for upper management, peers and others in the call center.
5/2014 — 09/2015 Levy Premium Food Service, Concessions Supervisor at the University of
Colorado, Boulder, Colorado
General Supervision of Stand help, Stand/Supervisor and logistics for events at the Coors
Event Center and Folsom Stadium.
6/2014—10/2014 Pelco by Schneider Electric through Volt Temporary Services, QA Engineer
(Test) Fort Collins, Co
•QA Engineer. Security camera software testing.
•Used JIRA for Bug logging, WireShark and test management with implementation of new
applications and processes.
•Business support for production releases of firmware and software builds.
•Ran customer requests for issues in the field by testing for defect reproduction and solutions
verification by the developer and management.
•Wrote test procedures for new security camera.
•Participated in daily and weekly test meetings for status and new updates.
2/2014 - 5/2014 QA Tester for Integware through Manpower, Fort Collins, Co
QA Test Engineer. Manual QA testing of software for medical manufacturer.
14.1
Packet Pg. 315 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
•Defect management with retesting.
•Document review and updating.
•Updating testing based on new builds from development and verification.
•Participated in daily and weekly test meetings for status and new updates. Used JIRA for
Bug logging and test management with implementation of new applications and processes.
4/2012—1/2014 Temp Services through Apple One and Elwood Staffing for
OtterBox, Factual Data and Xerox. Fort Collins, Loveland and Greeley, Co
Call Center Representative for customer care support for phone cases and credit information
for customers.
Used tools like Sugar and WFM and User interface tools for call center notes and
documenting activities for calls.
9/2006 - 3/2012 Tiaa-Cref, Denver, Co Business Consultant, Testing/QA Consultant
Business Integration Consultant QA Software. QA software testing, HPQC (QTP) and
implementation of new applications and processes. Business support for IT related businesses.
PRODUCTION OA TESTING & APPLICATIONS IMPLEMENTATION
A.Mentor and Q/A reviewer for new hires prior to release to Individual
Consultant role.
B.Project Test lead for Consolidated Statements testing and verification.
C.Business Integration and Testing Support consulting and project
management . Tested current/new process applications, website, business
representative for testing, defect logging, review and resolution. Reviewed
project documentation, process implementation and testing coverage.
E.Defect Management: HP Quality Center (HPQTP) for Defect/Bug
Management. System for logging defects/bugs for IT developers to
research and resolve. Also used for historical tracking of defect/bug trends,
root cause analysis, Defect Risk Reviews, query and repository for all
defects/bugs.
F.HP Quality Center (1--IPQTP), user, Subject Matter Expert as test lead for
my team. Trained users how to enter and log defects to HPQTP. Reviewed
defects for accuracy and completeness. Updated information and ensured
resolution was completed after retest.
G.Business subject matter expert on financial services and processes for
Tiaa-Cref. Ensure compliance with established processes.
H.Process Improvement: Worked with management to develop effective
ways to increase system reliability and quality of the Tiaa-Cref Software
products and services. This included with working with users so to better
understand their needs.
I.Siebel Application user as a financial consultant for testing and
implementation for new enhancements-
J.Test Cases: Wrote and executed functional, system, website and
usability/compatibility test plans and test cases for Internal and External
Applications. Created, executed and maintained simple & complex test
cases.
14.1
Packet Pg. 316 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
K.Black Box Testing for the internal, website with coordinated testing with
application developers who conducted White Box Testing to ensure
complete seamless testing with no defects and or disconnects.
L.Reviewed and provided input on the accuracy, clarity and testability of
requirement documentation. Wrote user documentation for application
and conducted training for users and training/development.
M.Test Plans: Wrote and executed test plans, verifying accuracy of
engineering analysis and execution results. Provided signoffs on
successful completion of testing and UAT (User Acceptance Test)
checkouts.
N.Defect Resolution: Isolated software problems and wrote clear and
detailed defect reports and assisted development with defect reproduction.
O.Validated issues reported as fixed. Worked with IT on retesting of defect
and provided approval and signoff.
P.Provided communication for issues and resolution to team and
management.
Q.MS project user for various projects that I was responsible for delivery.
Registered Financial Consultant (Series 6, 63, Colo Life and Health and US 50 states and
DC)assisting Participants and Financial Advisors on accounts.
Mentor and Project Test Lead for client statement testing and verification. Project
Management for new products and business applications.
10/2005 9/2006 AIM Investments, Denver, CO Inbound Call Center Registered Representative
(Series 6) for assisting clients and brokers.
2002 - 2003 HEWLETT- PACKARD COMPANY
Operation Support Engineer (OSE) for the Microsoft and Enabling Services, Project management,
analysis, and consulting for the management team.
2001 – 2002 HEWLETT PACKARD COMPANY, Loveland Storage Solutions
Call Center
Outsourcing and management of HP Tape Storage calls by 3rd party company.
Project management for service delivery for new programs and processes for Stream Call Center
out sourcing tools and support.
1999 – 2001 HEWLETT PACKARD COMPANY, Loveland Customer Care Call
Center
24x7 and day SAN/NAS, Net Server, Mobile Computing, Unix Workstation and Business Desktop
Process Supervisor
Supervision for Online support agents. Developed and deliver 24 x 7 processes.
Project Management for 24x7 coverage program.
On Duty Management Support for Escalations for the businesses.
1989 - 1999 HEWLETT PACKARD COMPANY, Integrated Circuits (1/Cs)
Test and Assembly Process Supervisor: Production Test/Assembly shift operations, Q/A
Documentation Specialists, and Hardware Support/Maintenance Technicians
Management: Test/Assembly, Flip Chip, Wafer Bump, Q/A, and Documentation.
Project Management: Quality/New Process implementation: 24 x 7 Shift work programs, Diversity,
Health Break Program, Q/A Outgoing Quality Verification System (OQV) (QTP), Process
Improvement Programs and Visual Work Place (SS).
1978 - 1989 HEWLETT PACKARD COMPANY, Fort Collins/Gree1ey CO
Traffic/Logistics for Domestic and International Distribution
Production: Assembly, Fabrication, Receiving, Stores, and Material Handling
14.1
Packet Pg. 317 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
1980 - 1990 COLORADO STATE UNIVERSITY, Fort Collins, CO
Director of Concessions: Hughes Stadium & Moby Arena
Overall Concessions management and operations
Procurement: Supplier & Subcontractor Management
General Accounting, Financial Reporting & Personnel Administration:
Ushers/Security and Parking Management for C.S.U. home athletic events
EDUCATION
2003 - 2003 EMPIRE REAL ESTATE EDUCATION, Fort Collins, CO
-Colorado Real Estate Brokers Certificate and Broker's License
1993 - 1995 COLORADO STATE UNIVERSITY, Fort Collins, CO
-Masters of Business Administration (MBA), Emphasis in Accounting,
Financial Analysis and Reporting, Manufacturing, and Marketing.
1973 - 1978 COLORADO STATE UNIVERSITY, Fort Collins, CO
-Bachelor of Arts Degree (BA) in Political Science
-State of Colorado Secondary Education Teaching Certification
CALL CENTER [CONCESSIONS MANAGEMENT
Hewlett Packard Company:
A.24X7 Production/Ca11 Center Management. Includes all facets of
management, escalation focus and resolution
B.Multi Operation Production, IC Testing and Assembly
C.Multi Product Call Center Management. Net Servers, Desktop, Mobile
Computing, SAN/NAS and Escalation Management.
D.Project Management for new services and processes for call center
support.
Concessions Management:
A.33 plus years proven experience in the Concessions Management industry
B.Awards: Director of Concessions award for successful sales goal 1980.
Award for Coors for highest yield average of 98.5% from keg beer 1988,
and CSU Athletic Concessions Director of the year 1990. Initiated and
implemented having fun and being safe with beer at CSU home football
games in 1986, still being used in 2013.
C.Consultant for Concession systems design. Poudre School District, City
of Fort Collins and Colorado State University.
D.Area Concessions Supervisor for Coors Event Center and Folsom
Stadium at CU Athletic and Special Events through Levy Premium
Services.
E.Concessions Supervisor, Spectra Hospitality, Loveland Budweiser Events
Center. Area and complex supervisor for concessions for setup, events
and post events closeup.
CIVIC and VOLUNTEERING SERVICES
•Stonehenge Communication Association. Board President 2013
-Current.
14.1
Packet Pg. 318 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
•City of Fort Collins Transportation Board Member 2019 –
Current.
•City of Fort Collins BAC liaison from the Transportation Board
2019 – Current
•City of Fort Collins Planning & Zoning Board. 1996 – 2005,
Member, Chair (2 years), Vice Chair (2 Years)
•Fort Collins Board of Realtors, Gov’t Affairs Committee, 2019
– Current. Instructor, HOA and Metro Districts Class. This is
the first class in the State of Colorado that is being offered.
Professional References
A. Scott Maxwell Tiaa-Cref 1-720-883-3997
B. Ann Freedman Tiaa-Cref 1-617-759-
3093
C. David Helzer Schneider Electric 1-970-282-
1923
D. Richard T Callan Colorado State U. 1-970-491-
0491
E. Lupe Salazar Colorado State U.
1-970-491-
1476
14.1
Packet Pg. 319 Attachment: Interviewed Applicants (9467 : P&Z Board Appointment AIS)
-1-
RESOLUTION 2020-087
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE PLANNING AND ZONING BOARD
WHEREAS, a vacancy currently exists on the Planning and Zoning Board due to the
resignation of previous board member Michael Hobbs; and
WHEREAS, the City Council desires to make an appointment to fill this vacancy on the
Planning and Zoning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following named person is hereby appointed to fill the vacancy
on the Planning and Zoning Board with a term to begin immediately and to expire on December
31, 2021:
Planning and Zoning Board Expiration of Term
Ted Shepard December 31, 2021
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
15th day of September, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 320
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Jim Bertolini, Historic Preservation Planner
Brad Yatabe, Legal
SUBJECT
Council Consideration of Authorization for Remote Hearings for Historic Preservation Appeal to the Landmark
Preservation Commission.
EXECUTIVE SUMMARY
The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council on June
16, 2020, to allow a historic preservation item to proceed to public hearing using remote technology. A
suggested motion is provided on page 2 of this Agenda Item Summary.
Ordinance No. 079, 2020, authorizes Council, Planning and Zoning Board (P&Z), the Landmark Preservation
Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but specifically excludes
appeals from that authorization. The Ordinance does, however, allow Council, by motion adopted by at least
five Councilmembers, to authorize exceptions to that exclusion. To authorize LPC hearings for the listed item
using remote technology, Council must find that such a hearing is pressing and requires prompt action and that
remote technology will provide for sufficient public participation and input. Staff is requesting Council consider
allowing the following item to proceed:
• Appeal of staff decision to deny a Certificate of Appropriateness for 126 S. Whitcomb Street to demolish an
historic garage to construct a new structure (appeal to LPC) on a designated Fort Collins Landmark
property.
STAFF RECOMMENDATION
Staff recommends that Council authorize the appeal hearing using remote technology for the listed item.
BACKGROUND / DISCUSSION
This is a historic preservation item that is currently awaiting an appeal hearing with the LPC. While meetings
have been generally authorized to occur using remote technology, certain types of quasi-judicial items are still
required to be heard at in-person meetings. A quasi-judicial hearing is considered a “remote meeting” if one or
more Council, board or commission member participates virtually. Due to the COVID-19 public health
emergency, it could be many months before all Council, board, and commission members are once again
comfortable attending meetings in-person.
Ordinance No. 079, 2020, authorizes certain types of quasi-judicial items to be heard using remote technology,
but specifically excludes decisions related to appeals (among other specified decisions)). This project is now
“stalled” as the owner/applicant awaits an appeal of the staff decision to the LPC. The Ordin ance does allow
Council to consider, on a case-by-case basis, exceptions to that specific exclusion.
EXCEPTIONS FOR REMOTE HEARINGS
15
Packet Pg. 321
Agenda Item 15
Item # 15 Page 2
Section 8 of Ordinance No. 079, 2020, allows Council to consider exceptions on a case-by-case basis, as follows:
“Section 8. The Council may, by the affirmative vote of five members on a motion, authorize additional
types of meetings, hearings or proceedings, or individual matters otherwise not allowed hereunder, to
proceed using remote technology, provided the Council determines that the authorized action is pressing
and requires prompt action and that the remote technology available for the proceeding will provide
sufficient public participation and input called for by the type of meeting, hearing or proceeding or the
individual matter, as applicable, in light of the specific circumstances.”
In considering whether hearing these items is pressing and requires prompt action, Council may wish to
consider the following issues:
• Staff and applicants have completed the appropriate steps of the historic review processes that precede
this hearing.
• There is a desire to provide the project applicant/owner/appellant with a predictable decision-making
process that affords due process to all affected parties.
Staff believes that remote technology would provide a sufficient opportunity for public participation for this item.
The Zoom technology platform currently used by the LPC accommodates multiple options for participation,
including both online and phone participation. In addition, written comments will continue to be accepted by
staff in advance of all hearings. As of the end of August, the LPC has completed four virtual work sessions
and four virtual hearings, which have allowed for sufficient testing of the technology. Consistent with
Subsection 4.D of Ordinance No. 079, 2020, the owner has indicated support for having the appeal conducted
remotely to avoid delay in a final decision.
Appeal Item
This item is an appeal to the Landmark Preservation Commission (LPC) of a decision by Historic Preservation
Services staff to deny a Certificate of Appropriateness to the owner/applicant for the Landmark Property at 126
S. Whitcomb Street. This appeal has been pending since August 26, 2020. These items are pressing and
require prompt action because the owner is seeking to make modifications to the property as a result of the
COVID-19 pandemic, specifically to expand at-home work, educational, and recreation space that would
otherwise not be required on-site. Staff believes that technology will provide for sufficient public participation
and input because design review requests directly to the LPC follow a similar procedure and presentation of
evidence, which is currently allowed and has been successfully accomplished several times via remote
hearing. Staff will provide a hybrid attendance option for members of the public pursuant to existing
requirements.
PROPOSED MOTION
“I move that City Council find that the following quasi-judicial matter is pressing and requires
prompt action and that remote technology will provide due process to hear it through sufficient
public participation and input, and based upon such findings authorize a quasi-judicial hearing
using remote technology by the Landmark Preservation Commission for the appeal of staff
decision regarding the Fort Collins Landmark property at 126 S. Whitcomb St."
ATTACHMENTS
1. Appeal Letter (PDF)
15
Packet Pg. 322
ATTACHMENT 115.1Packet Pg. 323Attachment: Appeal Letter (9464 : Remote Hearings for Historic Preservation Item)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Rita Knoll, Chief Deputy City Clerk
Ryan Malarky, Legal
SUBJECT
Second Reading of Ordinance No. 112, 2020, Amending Section 7-135 of the Code of the City of Fort Collins
to Modify and Update Requirements and Procedures for Campaigns in City Elections.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on September 1, 2020 by a vote of 5-2 (Nays: Summers, Troxell),
adopts amendments to the City’s election campaign Code provisions.
STAFF RECOMMENDATION
Staff recommends adoption on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (PDF)
2. Ordinance No. 112, 2020 (PDF)
16
Packet Pg. 324
Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY September 1, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Rita Knoll, Chief Deputy City Clerk
Ryan Malarky, Legal
SUBJECT
First Reading of Ordinance No. 112, 2020, Amending Section 7-135 of the Code of the City of Fort Collins to
Modify and Update Requirements and Procedures for Campaigns in City Elections.
EXECUTIVE SUMMARY
The purpose of this item is to consider proposed amendments to the City’s election campaign Code provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2015, Council formed an ad hoc committee to review, discuss and recommend changes to the City Code
and Charter regarding elections and other related matters. In 2017, Council made the ad hoc committee a
standing committee of the Council (the Election Code Committee or ECC) for the purpose of identifying and
evaluating ideas for improvements to City election laws and practices and anticipating adjustments that may be
needed to adapt to a rapidly changing legal and technological environment. Mayor Troxell and Councilmembers
Pignataro and Summers are the current members of the ECC. Councilmember Pignataro serves as the Chair.
At the August 25, 2020 Work Session, Council reviewed recommended changes to Chapter 7 of the Code of
the City of Fort Collins related to campaigns and campaign finance in City elections from the Election Code
Committee. The items contained in this Ordinance represent the items the Election Code Committee did not
reach consensus on. A work session summary is attached. (Attachment 1).
A summary of the proposed amendments follows:
Regulation of Limited Liability Company (LLC) Contributions:
Members of the public attending ECC meetings expressed some interest in aligning local City Code provisions
with state law regarding the reporting of contributions by limited liability companies (LLCs). The ECC discussed
such regulations and, while not coming to a consensus about whether to support them, the ECC determined it
was appropriate to forward the matter to Council for its consideration. Under City provisions, an LLC is
considered a “person”, separate and distinct from a natural person. As such, a natural person can make the
maximum allowed contribution to a candidate committee, and an LLC, of which the natural person is a member,
may also make the maximum contribution to a candidate committee. Under state law, contributions from an LLC
must be accompanied by a written statement that includes, among other things, information on how the
contribution is attributed among the LLC members. The attribution to an individual member of the LLC then
counts toward the aggregate contribution limit of the individual as a person.
ATTACHMENT 1 16.1
Packet Pg. 325 Attachment: First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (9460 : SR 112 Election Code discussion)
Agenda Item 14
Item # 14 Page 2
Limitation of Contributions to Political Committees:
Members of the public attending ECC meetings expressed some interest in limiting contributions to political
committees, similar to provisions in state law. Under state law, political committees support or oppose
candidates and must register with the Secretary of State except in limited circumstances. Political committees
may not accept more than $625 per contributor every two years. This two-year time period is not based on the
calendar year but is instead tied to the state House of Representatives election cycle. Political committees may
contribute to candidates subject to specific contribution limits for each public office. Political committees may
also contribute a limited amount to other political committees and may donate an unlimited amount to
independent expenditure committees.
The City Code currently does not limit contributions to a political committee but does not allow a political
committee to make direct contributions to any type of committee. A political committee may only accept
contributions or make expenditures to support or oppose one or more candidates. In addition, a political
committee is prohibited from coordinating its expenditures with any other committee defined in the Code in a
manner that circumvents any Code restrictions or limitations on campaign contributions, expenditures or
reporting. After discussion of this issue, the ECC did not take a position on it. In this Ordinance, the limit for
contributions to political committees is set at $100 per person, which is the same limit applicable to contributions
to mayoral candidates.
A comparison chart is attached giving more information on the various types of committees the Code allows and
some related information. (Attachment 2). A detailed memo previously given to Council providing clarification
regarding the participation of political action committees and 527 groups in City elections and relationship to City
political committees is also attached. (Attachment 3).
CITY FINANCIAL IMPACTS
Any financial impacts as a result of these amendments will be negligible.
PUBLIC OUTREACH
Meetings of the Election Code Committee are posted on the City’s website in advance of the meeting. Several
members of the community regularly attend Committee meetings and provide input on topics on the agenda and
other items of interest. Draft minutes from these meetings are attached. (Attachment 4)
ATTACHMENTS
1. Work Session Summary (PDF)
2. Campaign Committees Chart (PDF)
3. Political Committees Memo (PDF)
4. Election Code Committee Minutes (PDF)
16.1
Packet Pg. 326 Attachment: First Reading Agenda Item Summary, September 1, 2020 (w/o attachments) (9460 : SR 112 Election Code discussion)
-1-
ORDINANCE NO. 112, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7-135 OF THE CODE OF THE CITY OF FORT COLLINS TO
MODIFY AND UPDATE REQUIREMENTS AND PROCEDURES FOR CAMPAIGNS IN
CITY ELECTIONS
WHEREAS, Chapter 7 of the City Code sets out procedures and requirements for
redistricting of Council districts, for the conduct of City elections, for disclosure of campaign
finance information, and other related matters; and
WHEREAS, in 2015 the City Council formed an ad hoc committee to review, discuss and
recommend the most beneficial changes to the Code and City Charter regarding elections and other
related matters; and
WHEREAS, in January 2017, Council made the ad hoc Committee a standing committee
of Council for the purpose of identifying and evaluating ideas for improvements to City election
laws and practices and anticipating adjustments that may be needed to adapt to a changing legal
and technological environment, for Council consideration; and
WHEREAS, as a result of the Committee’s work (as both an ad hoc committee and a
standing committee), Ordinance No. 021, 2016, Ordinance No. 005, 2017, Ordinance No. 045,
2018, Ordinance No. 077, 2018, and Ordinance No. 113, 2018, were considered and adopted by
the Council to update various provisions of Chapter 7; and
WHEREAS, the Committee continued to meet in 2018, 2019 and 2020, and has
recommended additional clarifications and amendments to Chapter 7; and
WHEREAS, the Council discussed several proposed changes to Chapter 7 at its August 25,
2020, work session and expressed general support for the election and campaign finance
amendments recommended by the Committee, which are included in Ordinance No. 109, 2020,
and under consideration for adoption on this date; and
WHEREAS, also prepared based on the Council’s work session discussion, this Ordinance
amends the Code to impose certain requirements on limited liability companies concerning
contributions, contribution limits, and disclosures, as well as limits on contributions to political
committees; and
WHEREAS, these amendments generally improve and clarify the City’s campaign finance
disclosure; and
WHEREAS, these amendments further the City’s and the public’s interest in shedding light
for the public on the expenditure of money to influence the outcome of City elections, while
respecting the speaker’s interest in freedom of political speech; and
WHEREAS, the Council desires to enact the related amendments to Section 7-135, as set
forth below.
16.2
Packet Pg. 327 Attachment: Ordinance No. 112, 2020 (9460 : SR 112 Election Code discussion)
-2-
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 7-135(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7-135. Campaign contributions/expenditures.
(a) Limits.
(1) No person may make contributions and/or contributions in kind totaling more than
one hundred dollars ($100.) to the candidate committee of any candidate for the
office of Mayor. No person may make contributions and/or contributions in kind
totaling more than seventy-five dollars ($75.) to the candidate committee of any
candidate for the office of Councilmember. These limitations shall apply to all
contributions or contributions in kind, whether made directly to a candidate
committee or indirectly via earmarked gifts passed through an intermediary, except
that these limitations shall not apply to:
a. Contributions or contributions in kind made by a candidate to his or her own
candidate committee;
b. Independent expenditures;
c. Monetary loans that are: (a) personally guaranteed in writing by the
candidate, the candidate’s immediate family or a business entity in which
the candidate owns at least five (5) percent; or (b) secured by real or
personal property owned by the candidate, the candidate's immediate family
or a business entity in which the candidate owns at least five (5) percent; or
d. Contributions made to a candidate committee by another candidate
committee established by the same candidate for the office of Mayor or
Councilmember.
(2) No person may make contributions and/or contributions in kind totaling more than
one hundred dollars ($100.) to a political committee.
(3) No person shall make a contribution or contribution in kind in the name of another
person or knowingly permit one's name to be used by another person to effect such
a contribution or contribution in kind.
16.2
Packet Pg. 328 Attachment: Ordinance No. 112, 2020 (9460 : SR 112 Election Code discussion)
-3-
Section 3. That Section 7-135 of the Code of the City of Fort Collins is hereby
amended to add a new subsection (b), to read as follows:
(b) Limited Liability Company Contributions. A limited liability company (“LLC”) may make
contributions or contributions in kind to candidate committees or political committees subject to
the following requirements and all other applicable limits of this Section:
(1) Any contribution from an LLC shall count against contribution limits for both the
LLC itself and the individual members of the LLC as apportioned according. The
amount a person contributes as an individual member of the LLC shall count
towards the aggregate contribution limit for that person in Subsection (a) herein.
(2) The LLC shall provide the candidate committee or political committee with a
written statement affirming the permissibility of the contribution on a form
provided by the City Clerk. The affirmation shall include:
a. The name and address of the LLC and each LLC member;
b. Information on how the contribution is attributed among the LLC members,
which attribution must reflect the capital each member has invested in the
LLC relative to the total amount of capital invested in the company, or the
percentage of ownership each member has in the LLC as of the date of the
contribution.
(3) No candidate committee or political committee shall accept a contribution from an
LLC unless the LLC provides the written affirmation in compliance with this
Section before the contribution is deposited by the committee.
(4) The candidate committee or political committee receiving the contribution shall:
a. List both the individual LLC members’ names and the name of the LLC as
contributors on disclosure reports; and
b. Retain the affirmation statements for one (1) year after the date of the
election; provided however, in the event a complaint is filed against the
committee, the committee must maintain the affirmations until the final
disposition of the complaint.
(5) As used in this Subsection (b), “limited liability company” shall have the same
meaning as “domestic limited liability company” as defined in Section 7-90-
102(15), C.R.S., or “foreign limited liability company” as defined in Section 7-90-
102(24), C.R.S., as amended.
Section 4. That the remaining subsections of Section 7-135 shall be renumbered as
necessary in light of the addition of a new subsection 7-135(b).
16.2
Packet Pg. 329 Attachment: Ordinance No. 112, 2020 (9460 : SR 112 Election Code discussion)
-4-
Introduced, considered favorably on first reading, and ordered published this 1st
day of September, A.D. 2020, and to be presented for final passage on the 15th day of September,
A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 15th day of September, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
16.2
Packet Pg. 330 Attachment: Ordinance No. 112, 2020 (9460 : SR 112 Election Code discussion)
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Richard Anderson, Sr. Manager, Building Devt. and Review
Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv.
Claire Havelda, Legal
SUBJECT
Council Consideration of Whether to Authorize, by Motion, Remote Hearings for Appeals to be Heard by the
Building Review Board.
EXECUTIVE SUMMARY
The purpose of this item is to consider two exceptions to Ordinance No. 079, 2020, adopted by Council on
June 16, 2020, to allow various zoning, development, and historic preservation items to proceed to public
hearings using remote technology. A suggested motion is provided on page 3 of this Agenda Item Summary.
Ordinance No. 079, 2020, authorizes Council, the Planning and Zoning Board (P&Z), the Landmark
Preservation Commission (LPC) and the Building Review Board (BRB) to hear quasi-judicial items but
specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and additions of
permitted use (APUs). The Ordinance does, however, allow Council, by motion adopted by at least five
Councilmembers, to authorize exceptions to that exclusion. To authorize remote hearings for the listed items,
Council must find that such hearings are pressing and require prompt action and that virtual technology will
provide for sufficient public participation and input. Staff is requesting Council consider allowing the following
items to proceed:
1. Appeal of a decision to deny a license to Chris Ufer of Space Solutions, LLC.
2. Appeal of a decision of the Building Official to deny a request to waive the exam requirements for a license
to Clark Vernon of Summit Builders, LLC.
STAFF RECOMMENDATION
Staff recommends that Council authorize appeal hearings using remote technology for all appeals to the BRB
arising from City Code Section 2-119(4).
Alternatively, staff recommends Council authorize the two specific appeals listed above be heard using remote
technology.
BACKGROUND / DISCUSSION
There are two appeals for the BRB that are currently awaiting public hearings with the BRB. While meetings
have been authorized to occur remotely in general for each of these decision-making bodies, certain types of
quasi-judicial items are still required to be heard at in-person meetings. A quasi-judicial hearing is considered
a “remote meeting” if one or more Councilmembers, board or commission member participates virtually. Due
to the COVID-19 public health emergency, it could be many months before all Councilmembers and board and
commission members are able to attend meetings in person.
Ordinance No. 079, 2020, authorizes certain types of remote meetings for quasi-judicial items but specifically
excludes decisions related to zoning/rezoning, appeals, and additions of permitted use (APUs). There are
17
Packet Pg. 331
Agenda Item 17
Item # 17 Page 2
numerous projects that are now “stalled” in their respective processes as they await a final decision. The
Ordinance allows Council to consider, on a case-by-case basis, exceptions to those specific exclusions.
EXCEPTIONS FOR REMOTE HEARINGS
Section 8 of Ordinance No. 079, 2020 allows Council to consider exceptions on a case-by-case basis, as
follows:
Section 8. The Council may, by the affirmative vote of five members on a motion, authorize
additional types of meetings, hearings or proceedings, or individual matters otherwise not allowed
hereunder, to proceed using remote technology, provided the Council determines that the
authorized action is pressing and requires prompt action and that the remote technology available for
the proceeding will provide sufficient public participation and input called for by the type of meeting,
hearing or proceeding or the individual matter, as applicable, in light of the specific circumstances.
In considering whether hearing these items is pressing and requires prompt action, Council may wish to
consider the following issues:
• The applicants have the right to appeal these decisions to the BRB.
• Approving this request will honor the requirements in the City of Fort Collins Municipal Code Chapter 5,
Article II, Section 5-27 Amendments and Deletions to Code, (15) Section 113, Board of Appeals.
(15) Section 113, Board of Appeals, is hereby deleted in its entirety and the following is hereby added in
lieu thereof:
SECTION 113 BOARD OF APPEALS
113.1 General. The Building Review Board (hereafter "Board") established in Section 2-117 of the City
Code is hereby empowered in accordance with the procedures set forth in this Section and as authorized
under Section 2-119 of the City Code to hear and decide appeals of orders, decisions, or determinations
made by the building official relative to the application and interpretation of this code; to determine the
suitability of alternative materials or alternative methods of construction; and to grant permit extensions
and reinstatements as prescribed by Section 105.5. The building official shall serve as the Secretary of the
Board. The Board shall adopt rules of procedure for conducting its business and shall render all decisions
and findings in writing.
113.2 Applications/Hearings. When a building permit applicant or a holder of a building permit desires
relief from any decision of the building official related to the enforcement of this code, except as is
otherwise limited in Section 113.4, such building permit applicant, building permit holder, or representative
thereof may appeal the decision of the building official to the Board, stating that such decision by the
building official was based on an erroneous interpretation of the building regulations or that an alternative
design, alternative materials and/or the alternative methods of construction proposed by the appellant are
equivalent to those prescribed by this code, considering structural strength, effectiveness, fire resistance,
durability, safety and any other pertinent factors.
The Board shall hear and decide all appeals made to it and shall have the authority to rule in favor of the
appellant when the Board determines that the interpretation of the building regulations of the City by the
building official was erroneous, or when the Board determines an alternative design, alternative materials
and/or the alternative methods proposed by the appellant are equivalent to those prescribed by this code,
considering structural strength, effectiveness, fire resistance, durability, safety and any other pertinent
factors. The Board shall require that sufficient evidence be submitted to substantiate any claims made
regarding the proposed alternative design, alternative materials, and/or alternative methods of
construction. A quorum of 4 members shall be necessary for any meeting of the Board.
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Agenda Item 17
Item # 17 Page 3
In addition, Council may wish to consider the following issues:
Staff believes that remote technology would provide a sufficient opportunity for public participation for the listed
items. The Zoom technology platform currently used by the P&Z, LPC, BRB and Council accommodates
multiple options for participation, including both online and phone participation. In addition, written comments
will continue to be accepted by staff in advance of all hearings. By the end of July, P&Z and LPC will have
each completed three virtual work sessions and three virtual hearings, which have allowed for sufficient testing
of the technology.
Subsection 4.D of Ordinance No. 079, 2020, also requires that:
Any person or applicant seeking a quasi-judicial decision from . . . a City board or commission . . . under
the City Code or the City’s Land Use Code, shall be notified in writing or by email of the intention to
conduct a Quasi-Judicial Hearing using Remote technology. Such person or applicant shall be entitled to
request that the Quasi-Judicial Hearing be delayed until such time as the Hearing can be conducted in
person. Any person or applicant proceeding with and participating in a Quasi-Judicial Hearing using
Remote technology shall be deemed to have consent to such method of providing the Quasi-Judicial
Hearing.
Before any items are scheduled for a hearing using remote technology, staff will notify all applicants and
appellants, if applicable, of the intent to conduct the hearing remotely. If an applicant or appellant requests
that the item be delayed until the time of an in-person hearing, then staff will work to accommodate those
requests within any applicable timeframes established in the Land Use Code.
Hybrid meetings may also be considered, which would allow for an in-person hearing if board, commission or
Councilmembers are willing and able to convene in-person and hear in-person presentation by the applicant
and/or appellant (with social distancing and limited numbers in the room at one time) and an option for remote
participation by the public. A hybrid option could allow applicants, appellants, parties of interest, and members
of the public to attend in-person if they are not comfortable with a fully remote hearing, while allowing others to
attend remotely if desired. This would require participating board, commission, or Councilmembers to be
physically present in Council Chambers in order to participate in the hearing.
ITEM DESCRIPTIONS
Item #1 is an appeal to the BRB of the Chief Building Officials’ denial of a request related to the General
Contractor License for Chris Ufer of Space Solutions, LLC. The denial is based on the applicant’s failure to
meet the requirements of City Code Chapter 5, Article V Contractor Licensing. The applicant has affirmed a
desire to appeal this decision using remote technology.
Item #2 is an appeal to the BRB of the Chief Building Officials’ denial of a request related to waving the testing
requirement in City Code Chapter 5, Article V Contractor Licensing and per the emergency order enacted by
Council which allow us to utilize testing under the 2009 family of Codes. The applicant has affirmed a desire to
appeal this decision using remote technology.
PROPOSED MOTION
The following motion is provided to approve all listed items. If Council does not wish to permit an item
to move forward using remote technology, that item should be removed from the list set forth below
when making the motion.
“I move that City Council find that the following quasi-judicial matters are pressing and require prompt
action and that virtual technology will provide due process to hear them through sufficient public
participation and input, and based upon such findings authorize Quasi-Judicial Hearings using
Remote Technology by the Building Review Board and City Council, as applicable, to proceed for the
following items not otherwise permitted under Ordinance No. 079, 2020:
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Agenda Item 17
Item # 17 Page 4
1. Appeal of a decision to deny a license to Chris Ufer of Space Solutions, LLC.
2. Appeal of a decision of the Building Official to deny a request to waive the exam requirements for
a license to Clark Vernon of Summit Builders LLC.”
ATTACHMENTS
1. Space Solutions, LLC, Chris Ufer (PDF)
2. Summit Builders, Clark Vernon (PDF)
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9:00 a.m.Thursday, September 24, 2020
Richard C. Anderson, Chief Building Official
ATTACHMENT 1
17.1
Packet Pg. 335 Attachment: Space Solutions, LLC, Chris Ufer (9477 : Remote Hearing for BRB Appeal)
17.1
Packet Pg. 336 Attachment: Space Solutions, LLC, Chris Ufer (9477 : Remote Hearing for BRB Appeal)
17.1
Packet Pg. 337 Attachment: Space Solutions, LLC, Chris Ufer (9477 : Remote Hearing for BRB Appeal)
17.1
Packet Pg. 338 Attachment: Space Solutions, LLC, Chris Ufer (9477 : Remote Hearing for BRB Appeal)
17.1
Packet Pg. 339 Attachment: Space Solutions, LLC, Chris Ufer (9477 : Remote Hearing for BRB Appeal)
ATTACHMENT 217.2Packet Pg. 340Attachment: Summit Builders, Clark Vernon (9477 : Remote Hearing for BRB Appeal)
17.2Packet Pg. 341Attachment: Summit Builders, Clark Vernon (9477 : Remote Hearing for BRB Appeal)
17.2Packet Pg. 342Attachment: Summit Builders, Clark Vernon (9477 : Remote Hearing for BRB Appeal)
17.2Packet Pg. 343Attachment: Summit Builders, Clark Vernon (9477 : Remote Hearing for BRB Appeal)
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY September 15, 2020
City Council
STAFF
Darin Atteberry, City Manager
Travis Storin, Interim Chief Finance Officer
Lawrence Pollack, Budget Director
John Duval, Legal
SUBJECT
Public Hearing #1 on the 2021 Recommended Budget for the City of Fort Collins.
EXECUTIVE SUMMARY
This is the first public hearing on the City Manager’s 2021 Recommended Budget for the City of Fort Collins.
The purpose of this public hearing is to gather public input on the 2021 budget.
In an effort to receive further public input, a second public hearing is scheduled for City Council’s Tuesday,
October 6, 2020, regular meeting at 6:00 p.m. in Council Chambers (adhering to all social distancing
requirements) with the option for remote participation through the online Zoom meeting platform. Both
hearings were set by Council adoption of Resolution 2020-081 at its September 1, 2020, meeting. The City
Manager’s 2021 Recommended Budget can be reviewed at the City Clerk’s Office by appointment only and
online at fcgov.com/budget.
On May 19, 2020, Council adopted Ordinance No. 067, 2020, suspending the biennial budget term
requirement in Code Section 8-1 for fiscal years 2021 and 2022 in order to allow for a one-year budget term for
both years, and to return to the biennial budget term required by Code Section 8-1 beginning with fiscal years
2023 and 2024.
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