HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/25/2023NOTICE:
Work Sessions of the City Council are held on the 2nd and 4th Tuesdays of each month in
the Colorado Room of the 222 Building. Meetings are conducted in a hybrid format, however
there is no public participation permitted in a work session.
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their adopted policies and protocol.
Fort Collins City Council
Work Session Agenda
6:00 p.m. Tuesday, July 25, 2023
Colorado Room, 222 Laporte Ave, Fort Collins, CO 80521
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City of Fort Collins Page 1 of 1
City Council Work Session
Agenda
July 25, 2023 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
Colorado River Community Room
222 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
6:00 PM
A)CALL MEETING TO ORDER
B)ITEMS FOR DISCUSSION
1.Staff Report: Municipal Court and Municipal Prosecution Team.
The Municipal Court and Prosecution Team will provide an update on Court activities and
procedures.
2.Sustainable Funding Ballot Language.
The purpose of this item is to seek Councilmember direction on ballot language considerations for
referral to the November 2023 ballot.
C)ANNOUNCEMENTS
D)ADJOURNMENT
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 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
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
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
Page 1
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 1
July 25, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Jill Hueser, Chief Judge
Dawn Downs, Senior Assistant City Attorney
SUBJECT FOR DISCUSSION
Staff Report: Municipal Court and Municipal Prosecution Team.
EXECUTIVE SUMMARY
The Municipal Court and Prosecution Team will provide an update on Court activities and procedures.
ATTACHMENTS
1. Presentation
Page 2
Item 1.
July 25, 2023
Municipal Court City Council Presentation
Chief Judge Jill Hueser
Senior Assistant City Attorney Dawn Downs
Page 3
Item 1.
Overview of Municipal Court
Types of Cases:
•Traffic Infractions
•Speeding up to 25 MPH over, Failure to Yield, etc.
•Traffic Misdemeanors
•Careless and Reckless Driving, No Proof of Insurance, Speed Exhibition and
Speed Contest
•Petty Offenses
•Littering, Disorderly Conduct, Unreasonable Noise
•Civil Infractions
•BEWS violation, Animal Disturbance, Refuse and Rubbish, Code compliance
•Misdemeanors
•Theft, Assault, Trespass, Criminal Mischief, Open Container
•Camera Radar/Red Light
•Speeding and Running Red Lights
2Page 4
Item 1.
Other Court/Prosecution Responsibilities
•Liquor Licensing Authority
•Marijuana Authority
•Natural Medicines (Mushrooms)
•Parking Violations
•Appeals
•Prosecutors handle appeals from judge decisions in District Court.
•Municipal Judge is appellate authority for referee decisions.
•Compliance with State Law Changes
•Probation
•Supervision
•Revocations
•Problem-Solving Courts and Programs
3Page 5
Item 1.
How is a case filed?
•Fort Collins Police
Services
•CSU Police Department
•Camera Radar/Red Light
•Poudre Fire Authority
•Liquor and Marijuana
Enforcement
•Code Enforcement and
Specially Commissioned
Officers, including:
•Animal Control
•Natural Areas Rangers
•Park Rangers
•Parking Enforcement
•Neighborhood
Services/Code
Enforcement
•Building/Zoning
•Public Nuisance
•Utilities
•Environmental Services
4Page 6
Item 1.
What happens after a ticket is written?
•Defendant comes to court –has chance
to meet with prosecutor, plead guilty,
plead not guilty and represent self, or ask
for attorney.
•If case does not resolve on first
appearance, additional hearings are set.
•If set for trial,a pretrial readiness hearing
and trial will be set.
•Trials for infractions are to the court, i.e.,
the judge determines whether the case is
proven.
•Trials for misdemeanors may be to the
court or to a jury. It is the defendant’s
choice.
•Post-trial or post-plea, sentence is
imposed.
•Defendant fails to appear.
•If case is an infraction, a default judgment
enters in the amount of the standard fine. A
letter is sent, and defendant has 7 days to
request it be set aside.
•If the case is a petty offense or
misdemeanor, a warrant is issued.
•For warrant cases, once picked up on a
warrant, the defendant may post bond
and appear with the same options as any
first appearance.
•If a defendant is held in custody (either
due to state cases or multiple failures to
appear), the Court holds in-custody
hearings Mondays, Wednesdays, and
Fridays.
5Page 7
Item 1.
Plea Bargaining
All defendants are advised of their rights and given a chance to meet with a
prosecutor if they choose to do so. Prosecutors offer plea bargains in most
cases.
Considerations by Prosecutors
•Equitable outcomes for all
•Facts of the case
•Strength and weakness of evidence
•Witness reports
•Review body worn camera footage from police (average 3-5 officer cameras per
case)
•Criminal history of a defendant (municipal and state)
•Defenses
•Victim input
•Other considerations -accountability, demeanor, life circumstances, etc.
6Page 8
Item 1.
Plea Bargaining
Types of Plea Agreements from Prosecutors
•Reduction in severity or number of charges, and points for traffic
charges
•Classes
•Community Service
•Location Diversion
•Restitution to victims
•Suspended fines or jail and deferred judgments
•Fines
•Probation and problem-solving court options (The Right Track, Traffic
Circles)
•Restorative justice and mediation
•Jail
7Page 9
Item 1.
Potential Case Outcomes
•Fine
•Only option for infractions and petty offenses but may be reduced or
suspended in plea bargain or as part of a program or class
requirement –Maximum is $3000
•If indigent,court costs are waived and defendant may choose to
perform useful public service rather than pay the fine.
•Probation
•Traditional probation with requirements such as classes,substance
abuse evaluation and treatment,sobriety,etc.
•The Right Track –non-traditional problem-solving probation
•Drug Court (when launched)
•Diversion/Deferred Sentence –Restorative Justice Options
•Mediation
•Restorative justice
•Restorative Traffic Circles
8Page 10
Item 1.
Potential Case Outcomes
•Traditional Deferred Sentence
•Typically stay out of trouble and comply with conditions for
ultimate dismissal
•Jail
•Suspended on conditions or served
•Defendant is credited for any time already served
•Maximum per municipal ordinance is 6 months (state allows
municipalities to have up to 1 year)
9Page 11
Item 1.
The Right Track
Participants are typically people who have multiple prior cases
involving homelessness related charges and are facing a possible jail
sentence based on their criminal history and misdemeanor charges
Participation is voluntary (i.e.,judge does not sentence to program
unless they express they are willing to do the program)
Referrals from prosecutors to TRT program at pre-trial conference.
Participation is goal oriented based on each individual needs.Goals
are generally geared towards improving quality of life.
Examples of goals-Obtaining a drivers license or birth
certificates,seeking employment,housing vouchers,filling out
and obtaining benefits such as SSI,entering sober living,
mental health treatment,etc.
10
Special Programming –
Page 12
Item 1.
The Right Track
Prosecution Process to Determine Participants Eligibility
•Consider charges, criminal history, defendant’s needs, and whether defendant currently
being supervised elsewhere
•Seek input from probation and officers on candidates’ fit for program
•Extend TRT offer as alternative to jail
Program Process
•Probation, prosecution, and police hold monthly review meetings
•Discuss participants’ successes / challenges
•Provide input on rewards / promotions / revocations
Court Process
•Monthly Court hearings are held after the reviews with Judge, program participants,
prosecution, and probation
•Show support for participant efforts, address any challenges, provide encouragement
and assess overall progress in the program, revocation if necessary
•Promotions and graduations
•Treats and guest speakers after docket
11
Special Programming –
Page 13
Item 1.
Restorative Traffic Circles
Young people (20 and under)facing serious traffic charges or with
multiple cases with an option to resolve with their case in a meaningful
way.
Referrals from prosecutors to probation at pre-trial conference.
Participants are given a low-point deal with a deferred to the high-risk
behavior (if they fail to complete the program,the points will be
assessed)
Participants must listen to a panel presentation (traffic enforcement
police officer,insurance agent,community members impacted by
traffic offenses),meet in small groups to discuss accountability and
create a personalized action plan to address the impact of the traffic
incident.
The action plan includes 20 “restorative hours,”which includes 8 hours
of community service.
12
Special Programming –
Page 14
Item 1.
Special Programming –
Mediation
•This process brings parties together to discuss a conflict situation
and find a mutually acceptable solution.
•Court process
•The Prosecution can refer Defendants aged 18 and up.
•Typically used for Animal Disturbance cases,animal at large
or unreasonable noise.
•Both defendant and party in conflict must agree to mediate.
•If an agreement is reached the defendant returns to court to
meet with prosecutors and reach a plea agreement,typically a
deferred judgment
•Compliance with the mediated agreement would be a
condition of a deferred judgment and sentence accepted by
the court.
13Page 15
Item 1.
Special Programming –
Restorative Justice
•A City program for Defendants aged 10-22
•This program implements a range of restorative practices to
identify harm caused by the offense and hold the responsible
people accountable.
•Referrals are made to RJ by the prosecution when a Defendant
admits their part in an incident and shows accountability for their
actions.
•The types of cases that are typically referred:
•Theft,trespassing,criminal mischief,disorderly conduct
•The RJ process includes the responsible party,those harmed,a
trained RJ facilitator and community members.
•This process takes 20-24 hours to complete.
14Page 16
Item 1.
Special Programming –
Future Plans
15
•Drug Court
•Using evidence-based practices to identify individuals whose
criminal behavior stems from substance use disorders
•Creating a team environment where law enforcement,courts,
prosecutors,probation,defense attorneys,and treatment
providers work together towards rehabilitation.
•TAC-21 in Partnership with Center for Family Outreach
•A program in early development stages for a juvenile diversion
partnership.
•UCHealth Partnership
•Program in development for mental health/substance use
diversion targeting behavior in treatment facilities
Page 17
Item 1.
DATA –2023 YTD Statistics
Case Statistics
•8,886 Camera Radar/Red Light cases
completed
•954 defaults
•3,799 dispositions (defendant pled
guilty)
•421 cases where court-appointed
counsel was appointed
•1,751 failures to appear
•20 jury trials scheduled (1 held)
•3,269 new cases filed
•2 appeals filed (both are now closed)
•38 Court trials scheduled
Workload Statistics
•508 Pretrial conferences with defense
counsel
•947 cases addressed electronically by
prosecutors (not including parking and
camera radar/red light)
•1,479 cases addressed electronically
by judge
•231 petitions of indigence
reviewed/ruled upon
•1,315 pretrial conferences without
defense counsel
•66 pretrial readiness hearings
•396 cases seen during in-custody video
dockets
•857 warrants issued
•831 warrants cleared
16Page 18
Item 1.
DATA
17
Restorative Traffic Circle Data:
•Program started in 2021 (with only 1 session held that year)
•Participants:
•2021 –6
•2022 –22
•2023 –54 (through 7/18/23)
•Successful completion = 54
•Still in program = 25
•Unsuccessful = 3 (3.7%)
•Recidivism rate (receiving a new traffic violation within 24 months of
completion): 13%
Page 19
Item 1.
Law Enforcement Stats
Fort Collins Police Services
2022
4,467 Traffic Citations
1,110 Summons/Arrests
2023 January-June
2,532 Traffic Citations
591 Summons/Arrests
If trend continues,traffic citations would be up 13%year over year and
summons/arrests would be up 6.5%.
18Page 20
Item 1.
Discussion of Data
19
•What drives numbers?
•Behavior of individuals
•Enforcement decisions
•Directives from prosecutors
Page 21
Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 4
July 25, 2023
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Travis Storin, Chief Financial Officer
Ginny Sawyer, Project and Policy Manager
SUBJECT FOR DISCUSSION
Sustainable Funding Ballot Language.
EXECUTIVE SUMMARY
The purpose of this item is to seek Councilmember direction on ballot language considerations for referral
to the November 2023 ballot.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1.What adjustments or feedback do Councilmembers have to the proposed ballot language?
BACKGROUND / DISCUSSION
Over the past 18 months, staff has worked with Council Finance Committee (CFC) and the full Council to
seek ways to address identified funding needs in the areas of parks and recreation, transit, housing, and
climate. Estimated annual shortfalls range from six to twelve million per area.
Parks & Recreation - $8 to $12M annual shortfall (Parks & Recreation Master Plan)
Transit - $8M to $14.7M annual shortfall (Transit Master Plan)
Housing - $8M to $9.5M annual shortfall (Housing Strategic Plan)
Climate - $9.5M+ annual shortfall (Our Climate Future Plan)
As discussed at the last Council work session, Recreation and Aquatic needs have been included with the
Park needs. When forecasting out over the next decades, the City will need to address aging infrastructure
and the needs of residents including addressing both existing and new facilities. While the potential of two
additional mills greatly impacts this ability, trade-offs and decisions on expenditures would still be
transparent and needed through the budget process.
Ongoing discussions have also supported combining the Housing and Transit implementation goals with
the City’s Climate goals based on significant overlap within the plans.
Page 22
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 4
Funding Options
Through discussion and analysis at CFC and Council work sessions, funding options have been narrowed
significantly. A dedicated sales tax, additional property tax and an increase to the Xcel franchise fee have
emerged as the most feasible mechanisms.
The table below demonstrates the potential revenue gain of these mechanisms along with estimated
annual impact to residents.
Category Funding
Mechanism Timing Use
Annual
Revenue
Estimate
Resident Annual Impact
Franchise
Fee to 3%
Natural Gas
Bills 2024 Climate $1M
•Council action only
•2% increase. ~
$14/household
Property
Tax 5 Mills 2023
Parks &
Rec w/
Aquatics
Capital
$18M
•$143 on $400K home
•$179 on $500K home
•$268 on $750K home
•$358 on $1M home
•Commercial increase of $626
on $432K business
Sales Tax
Additional
¼ Cent
Dedicated
Tax
2023
Our
Climate
Future
$10M
•$31 per resident/ $78* per
household
•Sales tax on food would
remain at 2.25%
•Visitors also impacted
Total $29M+
•$235 net annual increase
per household
Franchise Fee:
Staff are in contact with Xcel and are exploring implementation of the fee increase sometime in Spring
2024. A resolution could be brought forward in late 2023.
Property Tax:
Since 1992, the City has collected 9.797 mils of property tax. Poudre Fire Authority (PFA) gets 67% of the
City’s portion (approximately six of the City’s nine mills) of property tax amount through an
intergovernmental agreement. There would not be a PFA contribution included in any new mills.
The current proposed ballot language includes:
5 Mills for Parks, Recreation, and Aquatics
No sunset
An understanding that:
o Parks funding only includes maintenance, replacement, and previously identified operations. New
parks will continue to be funded from development/capital expansion fees.
Page 23
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 4
o Additional dollars for recreation and aquatic facilities helps fund new facilities identified in the Parks
and Recreation Master Plan (fcgov.com/parksandrecplan/)and keeps maintenance and
replacement on schedule as facilities age (Mulberry - 46 years – at end of life; EPIC - 36 years;
City Park Pool – 36 years; Senior Center- 43 years; Northside Aztlan – 16 years.)
Property tax is collected in arrears. If additional mills were adopted in November 2023, the City would see
those collections in 2025.
PROPOSED LANGUAGE
Parks, Recreation, and Aquatics Property Tax
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $___________________ IN THE FIRST
FULL FISCAL YEAR OF PROPERTY TAX COLLECTION (2025), AND BY SUCH AMOUNTS
COLLECTED ANNUALLY THEREAFTER, FROM A MILL LEVY OF ___ MILLS IMPOSED FOR
PROPERTY TAXES ASSESSED IN 2024 AND COLLECTED IN 2025, WHICH WOULD BE THE CITY’S
FIRST PROPERTY TAX INCREASE SINCE 1992, FOR THE EXCLUSIVE PURPOSES OF FUNDING:
THE REPLACEMENT, ACCESSIBILITY, MAINTENANCE, AND UPGRADE TO PARKS,
RECREATION, AND AQUATICS FACILITIES; AND
THE CONSTRUCTION OF INDOOR AND OUTDOOR RECREATION AND AQUATICS FACILITIES;
AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO BE
COLLECTED, RETAINED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE
NOTWITHSTANDING THE SPENDING AND REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION?
Dedicated Renewal Sales Tax
An additional .25 cent sales tax dedicated to Our Climate Future would generate an estimated $10 – 12M
annually to be used for identified needs within the Transit, Housing, and Climate plans. These funds would
be directed through the budgeting process.
The current proposed ballot language includes:
A sunset proposed in 2050 (27 years) to align with the 2050 goals of community-wide carbon neutrality.
No specific distribution which allows greater flexibility within the eligible expenditures identified in the
associated plans: Transit Master Plan (fcgov.com/cityplan/#transit-plan), Housing Strategic Plan
(fcgov.com/housing/), and the Our Climate Future Plan (fcgov.com/climateaction/about-ocf).
o Should Council desire specific distribution, staff recommend the breakdowns be over the life of the
tax (not annually).
o Consideration will need to be given to when there is overlap what designated “bucket” is attributed
(i.e., increased transit routes impact climate).
PROPOSED LANGUAGE
Our Climate Future Tax
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $___________ IN THE FIRST FULL
FISCAL YEAR (2024), AND BY SUCH AMOUNTS COLLECTED ANNUALLY THEREAFTER, FROM A
.25% SALES AND USE TAX BEGINNING JANUARY 1, 2024, AND ENDING AT MIDNIGHT ON
DECEMBER 31, 205O, WITH THE PROCEEDS USED EXCLUSIVELY TO ADVANCE THE OBJECTIVES
OF THE CITY’S OUR CLIMATE FUTURE PLAN, TO INCLUDE FUNDING FOR:
Page 24
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 4
TRANSIT, HOUSING AFFORDABILITY, AND GREENHOUSE GAS AND AIR POLLUTION
REDUCTION; AND
ANY OTHER PROGRAMS AND PROJECTS SUPPORTING THE CITY’S STATED 2030 GOAL OF
80% GREENHOUSE GAS REDUCTION AND 100% RENEWABLE ENERGY AND 2050 GOAL OF
COMMUNITY-WIDE CARBON NEUTRALITY;
BUT THIS TAX SHALL NOT APPLY TO:
ITEMS EXEMPT UNDER THE CITY CODE FROM CITY SALES AND USE TAX;
FOOD FOR HOME CONSUMPTION; AND
MANUFACTURING EQUIPMENT, BUT FOR THE USE TAX ONLY;
AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO BE
COLLECTED, RETAINED, AND SPENT AS A VOTER-APPROVED REVENUE CHANGE
NOTWITHSTANDING THE SPENDING AND REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION?
NEXT STEPS
Election Timeline Considerations
Per the recent ballot initiative, City elections will be held in November. Ballot referral is currently scheduled
at the August 15, 2023 regular Council meeting.
ATTACHMENTS
1.Presentation
Page 25
Item 2.
Headline Copy Goes Here
07-25-2023
Sustainable Funding Update
Page 26
Item 2.
Headline Copy Goes HereCouncilmember Direction Requested
2
What adjustments, if any, need to be made to the
current draft ballot language?
Are there any questions or inputs into the
Recreation Capital strategy?2
Any specific direction as to the timing of updates
to the Franchise Fee?
1
3
4Page 27
Item 2.
Headline Copy Goes Here
3
June 13 Work Session Dialogue
•Direction to proceed with property tax (Parks & Recreation), sales tax (Transit,
Housing, Climate), and franchise fee updates (Climate)
•Additional detail desired on Recreation Capital strategy
Category Funding
Mechanism Timing Use Annual Revenue
Estimate Resident Annual Impact
Franchise Fee
to 3%Natural Gas Bills
2023
(Active
in 2024)
Climate $1M
•Council action only –does not require voter
approval
•2% increase. ~ $14/household
Property Tax 5 Mills 2023
Parks & Rec
w/ Aquatics
Capital
$18M
•Residential increase of $143 on $400K home
•Residential increase of $179 on $500K home
•Residential increase of $268 on $750K home
•Residential increase of $358 on $1M home
•Commercial increase of $626
Sales Tax Additional ¼ Cent
Dedicated Tax 2023 Climate
Umbrella $10M
•$31 per resident/ $78* per household
•Sales tax on food would remain at 2.25%
•Visitors also impacted
Total $29M+•$235 net annual increase per household* +
impact of substance taxPage 28
Item 2.
Headline Copy Goes Here
4
Timeline
INTRODUCE GAPS
Start meeting with
Council Finance
Committee (CFC)
.
2021 2023
Q1
2027
Q3/4
2023
Q2
2022
MORE
REFINEMENT
CFC and full
Council
NOVEMBER 2023
ELECTION
Determined by
Q2 decisions
Ballot language
determined by
August 15
DISCUSS
NEEDS/REFINE
MECHANISMS
2 full Council
Work Sessions
and multiple CFC
meetings
DETERMINE
BALLOT
MEASURES
Work with Council
June 13 & July 25
Page 29
Item 2.
Headline Copy Goes Here
Parks/Recreation/Aquatics
5
Page 30
Item 2.
Headline Copy Goes Here
Parks and Recreation Infrastructure Replacement
6What Could Dedicated Parks and Recreation Revenue Fund?
Maintain appropriate levels of service
•$11M funding represents 2.4% of asset value
•Replacement value of recreation facilities
$200M+
•Park infrastructure asset value $260M+
Examples:
•Repaving parking lots
•Roofing repairs/replacement, HVAC
replacements, electrical upgrades including LED
•Conversion of courts from asphalt to post-tension
concrete
•Irrigation system renovation, including
replacement of water management equipment
such as flow sensors & controllers
Provide equitable access to parks & recreation
experiences as identified in 2021 Parks and
Recreation master plan.
•Currently 51% of playgrounds are beyond
expected lifespan.
Examples:
•Replace play equipment, changing surfaces from sand to
ADA compliant material
•Repair sections of cracked walkways, bringing walkway
slopes up to ADA standards
•Locker room and restroom upgrades/replacement
•Pedestrian bridge replacements, fencing repairs, water
feature renovations, bike park renovations, pedestrian
lighting replacement
Fort Collins system includes over 50 parks, 45 miles of paved trails, and 10 recreation facilities
Page 31
Item 2.
Headline Copy Goes Here 7Benesch Study: Parks Projected Asset Replacement Need
PARKS ASSET REPLACEMENT BUDGETARY GAP
Page 32
Item 2.
Headline Copy Goes Here 8RaftelisStudy: Recreation Projected Investment Need
RECREATION ASSET REPLACEMENT BUDGETARY GAP •Flooring
•HVAC
•Chillers
•Diving boards
•Plumbing
•Electrical
EPIC
$1.1M
•HVAC
•Interior
•Roof
Rolland Moore
Tennis
Complex
$300K
•Playground
•Slides
City Park Pool
$1.3M
•HVAC
•Roof
•Pool equipment
Mulberry Pool
$1M
Page 33
Item 2.
Headline Copy Goes Here
•Additional 2 Mills
could provide
option to fund
major capital
outside of CCIP
•SE Community
Center and
Mulberry
replacement are
identified as
current priorities
•Major facilities
are likely to need
significant
refresh every
50+ years
9Scenario: Recreation Asset + Capital Needs
RECREATION ASSET & CAPITAL NEEDS
VS. 2 MILLS REVENUE
Page 34
Item 2.
Headline Copy Goes Here
Sample Ballot Language
10
Page 35
Item 2.
Headline Copy Goes Here 11Sample Ballot Language –Property Tax
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $___________________IN THE FIRST
FULL FISCAL YEAR OF PROPERTY TAX COLLECTION (2025),AND BY SUCH AMOUNTS
COLLECTED ANNUALLY THEREAFTER,FROM A MILL LEVY OF ___MILLS IMPOSED FOR
PROPERTY TAXES ASSESSED IN 2024 AND COLLECTED IN 2025,WHICH WOULD BE THE CITY’S
FIRST PROPERTY TAX INCREASE SINCE 1992,FOR THE EXCLUSIVE PURPOSES OF FUNDING:
THE REPLACEMENT,ACCESSIBILITY,MAINTENANCE,AND UPGRADE TO PARKS,
RECREATION,AND AQUATICS FACILITIES;AND
THE CONSTRUCTION OF INDOOR AND OUTDOOR RECREATION AND AQUATICS FACILITIES;
AND WITH ALL THE TAX REVENUES,AND INVESTMENT EARNINGS THEREON,TO BE COLLECTED,
RETAINED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE NOTWITHSTANDING THE
SPENDING AND REVENUE LIMITATIONS OF ARTICLE X,SECTION 20 OF THE COLORADO
CONSTITUTION?
Parks, Recreation, and Aquatics Property Tax
Page 36
Item 2.
Headline Copy Goes Here 12Sample Ballot Language –Sales Tax
SHALL CITY OF FORT COLLINS TAXES BE INCREASED BY $___________IN THE FIRST FULL FISCAL YEAR
(2024),AND BY SUCH AMOUNTS COLLECTED ANNUALLY THEREAFTER,FROM A .25%SALES AND USE TAX
BEGINNING JANUARY 1,2024,AND ENDING AT MIDNIGHT ON DECEMBER 31,205O,WITH THE PROCEEDS
USED EXCLUSIVELY TO ADVANCE THE OBJECTIVES OF THE CITY’S OUR CLIMATE FUTURE PLAN,TO
INCLUDE FUNDING FOR:
TRANSIT,HOUSING AFFORDABILITY,AND GREENHOUSE GAS AND AIR POLLUTION REDUCTION;AND
ANY OTHER PROGRAMS AND PROJECTS SUPPORTING THE CITY’S STATED 2030 GOAL OF 80%
GREENHOUSE GAS REDUCTION AND 100%RENEWABLE ENERGY AND 2050 GOAL OF COMMUNITY-WIDE
CARBON NEUTRALITY;
BUT THIS TAX SHALL NOT APPLY TO:
ITEMS EXEMPT UNDER THE CITY CODE FROM CITY SALES AND USE TAX;
FOOD FOR HOME CONSUMPTION;AND
MANUFACTURING EQUIPMENT,BUT FOR THE USE TAX ONLY;
AND WITH ALL THE TAX REVENUES, AND INVESTMENT EARNINGS THEREON, TO BE COLLECTED, RETAINED,
AND SPENT AS A VOTER-APPROVED REVENUE CHANGE NOTWITHSTANDING THE SPENDING AND REVENUE
LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
“Our Climate Future” Tax
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Franchise Fee Update
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Headline Copy Goes Here 14Franchise Fee Update
•Staff has been in contact with Xcel energy regarding the timing of updates
and adding a rebate feature for low-income earners
•Exploring implementation timing of Spring 2024,after the cold-weather
months
•Staff proposes bringing Resolution to Council in Nov/Dec 2023 to schedule
2024 Fee Update and confirm existence of low-income program
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Headline Copy Goes HereCouncilmember Direction Requested
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What adjustments, if any, need to be made to the
current draft ballot language?
Are there any questions or inputs into the
Recreation Capital strategy?2
Any specific direction as to the timing of updates
to the Franchise Fee?
1
3
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Thank you!
Travis Storin, Chief Financial Officer
Ginny Sawyer, Sr. Project Manager
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Appendix / Back-up
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ReCreate: Parks & Rec Master Plan Recommendation
Community & Neighborhood
Recreation Centers
+3 by 2040
Pools
+2 by 2040
Pool Priority
Investment Rating
was 197
Paved, Multi-use
trails were second
at 157
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Recreation and Aquatics Considerations
•Build out calls for 3 new recreation centers
including the Southeast.
•Build out calls for 2 new pools.
•Mulberry Pool needs replacement.
Recreation has utilized CCIP ¼-cent:
o $3M EPIC match (1985)
o $10M replacement of Northside Aztlan
(1997)
o $5.5M Senior Center Expansion (2006)
o $18M Southeast Facility (2015)
•Dedicated funding would free up space in the
program for other priorities.
•Funding would support the infrastructure
replacement at new facilities plus partial O&M
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Natural Gas Franchise Fee Increase
2019-2022 AVG
Revenue Baseline
2022 Revenue
Baseline
Current Fee Rate –1.07%$ 515,905 $ 727,633
Proposed Rate –3.00%$ 1,446,462 $ 2,040,093
Potential New Revenue for Climate Initiatives
(estimated)$ 930,557 $ 1,312,460
Considerations:
•Does not require voter approval
•Current franchise fee of 1.07% generates ~$445k/yr to General Fund
•New portion of revenue could be allocated for a variety of climate uses
•Peer communities charge a 3% Franchise Fee
•City’s legal agreement allows up to a 3% feePage 45
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Natural Gas Franchise Fee Increase
•*Note: Impact on Contract accounts not evaluated
Considerations:
•Already appears as line item on customer bills
•City could adopt a rebate program to provide relief to low -income customers
MONTHLY ON-BILL FRANCHISE FEE COST
Customer Type
2022
Average
Monthly
Bill
Current Avg.
Monthly
Franchise Fee
1.07%
Total Avg.
Monthly
Franchise Fee
3.00%
Net Avg.
Monthly
Franchise Fee
Increase
3.00%
Net Annual
Franchise Fee
Cost Increase
Residential $ 58.19 $ 0.62 $ 1.75 $ 1.13 $ 13.56
Commercial/
Industrial $ 344.02 $ 3.68 $ 10.32 $ 6.64 $ 79.69
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Tax Comparisons
Taxing Authority Cigarettes Other Tobacco Alcohol Marijuana
State (Excise)$1.94 (per pack)---
State 2.90%2.90%2.90%15.00%
County 0.0%0.80%0.80%0.80%
City 3.85%3.85%3.85%3.85%
Total 6.75% + excise tax 7.55%7.55%19.65%
Taxing
Authority Fort Collins Boulder Thornton Aurora Denver Commerce
City Berthoud Englewood
State 15.00%15.00%15.00%15.00%15.00%15.00%15.00%15.00%
County 0.80%1.19%0.75%1.00%0.00%0.75%0.80%0.25%
City 3.85%3.86%3.75%3.75%4.81%4.50%4.90%3.80%
City Additional 0.00%3.50%5.00%5.00%5.50%7.00%7.00%10.30%
Total*19.65%23.55%24.50%24.75%25.31%27.25%27.70%29.35%
MARIJUANA SALES TAX RATE COMPARISON
*Does not include other taxes (RTD, cultural, etc.)
TOTAL SALES TAX RATES
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Property Tax at Varying Residential Valuations
Category Funding Mechanism Annual Revenue
Estimate Household Impact
Property Tax 1 Mill Property Tax $3.5M+
•Residential increase of $29 on $400K home
•Residential increase of $36 on $500K home
•Residential increase of $54 on $750K home
•Residential increase of $72 on $1M home
•Commercial annual increase of $125
2 Mill Property Tax $7M+
•Residential increase of $57 on $400K home
•Residential increase of $72 on $500K home
•Residential increase of $107 on $750K home
•Residential increase of $143 on $1M home
•Commercial annual increase of $251
3 Mill Property Tax $11M+
•Residential increase of $86 on $400K home
•Residential increase of $107 on $500K home
•Residential increase of $160 on $750K home
•Residential increase of $214 on $1M home
•Commercial annual increase of $376
4 Mill Property Tax $14.5M+
•Residential increase of $114 on $400K home
•Residential increase of $143 on $500K home
•Residential increase of $214 on $750K home
•Residential increase of $286 on $1M home
•Commercial annual increase of $501
5 Mill Property Tax $18M+
•Residential increase of $143 on $400K home
•Residential increase of $179 on $500K home
•Residential increase of $268 on $750K home
•Residential increase of $358 on $1M home
•Commercial annual increase of $626
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Fort Collins Net Taxable Sales
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
$0
$500
$1,000
$1,500
$2,000
$2,500
$3,000
$3,500
$4,000
$4,500
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022Millions
City Net Taxble City % of County Sales City Pop % of County
(revenue trends and comparisons)
FORT COLLINS NET TAXABLE SALES
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Tax Rate History
3.85%
Current City
Sales Tax rate
2.85%
•¼-cent Street Maintenance
•¼-cent CCIP
Expiring 12/31/2025:
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Identified Funding Needs
Masterplan to Build Out
Projects
To Achieve 10%
Affordable Housing Stock
To Accelerate Community
Transition From Fossil
Fuels
$9.5M+ Annual Gap$14.7M Annual Gap $8-9.5+ Annual Gap$8-12M Annual Gap
ANNUAL REVENUE GAP = $40M TO $46M+
Masterplan Projects
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Parks and Recreation Gap: $9M –12M
Value of Parks and Recreation
•Environmental –air quality, water, biodiversity
•Social –livability, connection, gathering, health and well-being
•Economic –property value, tourism, sales activity
•Fort Collins system includes over 50 parks, 45 miles of paved trails, and 10
recreation facilities
•Parks IRP is currently funded at $0.75M per year (originally $0.6M in 1993)
•Recreation IRP is currently funded at $0.2M per year
•Deferred needs have been growing
Infrastructure Replacement Plan (IRP) Current State
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Headline Copy Goes Here 29Our Climate Future –Climate, Transit, Housing
Big
Move Focus Investment
Target
4 Transit $14.7M
4 Active Modes $1.5M
6 Building Efficiency &
Electrification $2.85M
7 Housing Affordability $8-9.5M
13 Electric Vehicles $1.85M
2 & 10 Zero Waste $2M
Total Annual Investments:$31M+
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•Ongoing FC Utilities Climate Investments:
•Energy Efficiency, Customer Renewable and Grid Flexibility programs; $6.6M annually
•EPIC Loan program; up to $2.5M annually in available financing
•Streetlight LED conversion; $1M annually
•Efficiency Works programs (via Platte River budgeting); ~$5M annually
•Ongoing Housing Investments:
•Competitive Process for Affordable Housing Development; $1.5-$3M awarded annually
•From all sources –Federal, City General Fund & CCIP
•Ongoing Transit Investments:
•Building, Operating & Maintaining Routes; $22M annually
•Includes local, federal, grant, and partner funding
OUR IMPACT
Community-wide total electricity use would be over 20% higher
without Utilities energy programs since 2005
Our Climate Future –Climate, Transit, Housing
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Headline Copy Goes Here 31Our Climate Future –Climate, Transit, Housing
Improve route frequencies and service
Bus operator resiliency
Remain fare-free
Procure additional buses and increase
operational frequencies
Add new route with 30-minute frequency on
Lemay/Trilby
New southeast micro-transit service
Local match for major capital projects
Unprecedented Federal dollars in grant funding
available to fund 60-80% of large transit projects.
West Elizabeth bus rapid transit
North transit maintenance facility
North College MAX extension
Mobility hubs
Big Move 4 –Convenient Transportation Choices: Transit
Estimated investment needed: $14.7M annually
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Headline Copy Goes Here 32Our Climate Future –Climate, Transit, Housing
Big Move 7 –Healthy Affordable Housing
City competitive process
Housing acquisition
(redevelopment/preservation)
Land acquisition
New construction costs
Affordable homeownership renovation
Renovate affordable rental housing
Homeownership assistance
City-led efforts
Acquire properties for Land Bank (expand)
Offset fees for affordable projects (expand)
Develop incentive programs (energy
efficiency, voluntary affordability restrictions,
etc.)
Explore redevelopment partnerships
Estimated investment needed: $8-$9.5M annually
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•Big Move 13 –Electric Cars and Fleets
Resident Support
•Support home electrical panel and
service upgrades for EVs
•Public charging strategy,
implementation and maintenance
City Efforts
•Transition all Transfort buses to zero
emission vehicles by 2040
•Explore providing incentives for
community members for installation of
charging equipment in homes and
businesses
•Explore expansion of level 3 public charging
opportunities for EVs
Estimated investment needed: $1.85M annually
Our Climate Future –Climate, Transit, Housing
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Headline Copy Goes Here 34Our Climate Future –Climate, Transit, Housing
•Big Move 6 –Efficient, Emissions Free Buildings
•Expand programs and incentives for
electrification of space and water heating
•Propose adding minimum building
performance standards (BPS) for commercial
building stock and resources to support
•Develop requirements for residential energy
disclosure at point of listing/sale
•Support home electrical panel and service
upgrades for electrification
•Evaluate proactive upgrades of infrastructure
to support building and transportation
electrification
•Expand grid flexibility options in residential and
commercial buildings through battery storage and
other solutions
•Explore Utility scale distributed energy resource
solutions (solar and battery installations)
Estimated investment needed: $2.65M annually
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Headline Copy Goes Here 35Our Climate Future –Climate, Transit, Housing
•Big Move 4 –Convenient Transportation Choices:Active Modes
•Rebates for E-bikes
•Install in-street protected bike lanes and bicycle and pedestrian
crossing improvements
•Local match to leverage many state and federal grant opportunities
available
•Grade-separated crossings
Estimated investment needed: $1.5M annually
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•Big Moves 2 & 10 –Zero Waste
•Improving recycling education and removing barriers to reusing and recycling
•Growing the circular/sharing/reuse economy
•Increasing recycling services through local waste infrastructure and operational
support
•Local waste infrastructure investments
Estimated investment needed: $2M annually
Our Climate Future –Climate, Transit, Housing
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Community Emissions Pathways to 2030 GHG Goal
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