HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/06/2023 - REGULAR MEETINGFort Collins City Council Agenda
Regular Meeting
6:00 p.m. Tuesday, June 6, 2023
City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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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
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City of Fort Collins Page 1 of 8 City Council Summary Agenda
City Council
Regular Meeting Agenda
June 6, 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
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring May 21-27, 2023 as Flood Awareness Week.
PP 2. Declaring June 1-7, 2023 as National CPR and AED Awareness Week.
PP 3. Declaring June 4-10, 2023 as Wildfire Awareness and Prevention Week.
PP 4. Declaring June 19, 2023 as Juneteenth Independence Day.
PP 5. Declaring June 2023 as LGBTQ+ Pride Month.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
C)PLEDGE OF ALLEGIANCE
D)ROLL CALL
E)CITY MANAGER'S AGENDA REVIEW
•City Manager Review of Agenda
•Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F)COMMUNITY REPORTS - None.
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City of Fort Collins Page 2 of 8
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this 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 Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person 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 their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the Development Review Center page on the city’s website at
https://www.fcgov.com/developmentreview/, or contact the Development Review Center at
970.221.6760.]
H)PUBLIC COMMENT FOLLOW-UP
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommend approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by 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.
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City of Fort Collins Page 3 of 8
1.Consideration and Approval of the Minutes of the May 16, 2023 Regular Meeting and the
May 23, 2023 Adjourned Meeting.
The purpose of this item is to approve the minutes of the May 16, 2023 Regular meeting and the
May 23, 2023 Adjourned meeting.
2.Second Reading of Ordinance No. 072, 2023, Authorizing the Disposition of a Portion of a
Shared Parking Easement and the Execution of an Amendment to the Shared Parking and
Access Easement Deed and Agreement.
This Ordinance, unanimously adopted on First Reading on May 16, 2023, approves the reduction
of a shared parking and access easement previously dedicated to the City and to authorize the
execution of an amendment to the agreement that granted such easement. City Code Section 23-
111 requires Council authorization to sell, convey, exchange, or otherwise dispose of any and all
interests in real property, including easements, owned in the name of the City. The original
agreement was to allow for shared parking and access on the property located at the northwest
corner of Drake Road and College Avenue for users of the MAX bus line. The goal for amending
the shared parking space is to add an additional area for shared parking and additional parking
spaces and to revise the original boundary so that it better conforms with proposed development’s
parking lot layout.
3.Second Reading of Ordinance No. 073, 2023, Appropriating Unanticipated Revenue from
Larimer County and Authorizing Transfers of Appropriations for the Design and
Construction of Connexion into Areas Northwest and Northeast of the Harmony Road and
Taft Hill Road Intersection and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on May 16, 2023, appropriates $3.58
million from Larimer County and authorizes transfers for the design and construction of Connexion
in an area near the Harmony Road and Taft Hill Road intersection. At the June 6, 2023 meeting,
Council adopted a Resolution to enter into an Intergovernmental Agreement (IGA) to enable the
City and Larimer County to collaborate to provide Connexion broadband communication service
within unincorporated Larimer County, including within the City’s Growth Management Area. The
initial project under the IGA to provide service to this area will establish a cost- and revenue-
sharing relationship through which the County will provide $3.58M to fund the design and
construction of the expansion of Connexion service on behalf of the County. Upon appropriation
of these funds and completion of this work, approximately 1,000 premises will be connected to
Connexion service, and Connexion will thereafter share with the County a portion of the service
revenue from these areas, subject to annual appropriation. Subsequent projects will be authorized
through similar work orders executed pursuant to the IGA.
4.First Reading of Ordinance No. 075, 2023, Making Supplemental Appropriation of
Unanticipated Grant Revenue and Authorizing Transfers for the Development of a
Paratransit Mobile Application and Web Portal.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort by
the Colorado Department of Transportation (“CDOT”), together with unencumbered Transit
Services Fund amounts that will satisfy the grant’s local match requirement.
Transfort has applied for and been awarded a $50,000 state grant through CDOT’s Office of
Innovative Mobility, to be used for the development of a paratransit client web portal and mobile
application. This grant requires a $10,000 local match.
This Ordinance appropriates $50,000 in state grant revenue, and $10,000 in local match from the
Transit Services Fund.
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City of Fort Collins Page 4 of 8
5.First Reading of Ordinance No. 076, 2023, Appropriating Prior Year Reserves for the
Administration of the Land Use Code Regulations for Designated Areas and Activities of
State Interest.
The purpose of this Ordinance is to appropriate general fund dollars to administer the recently
adopted 1041 regulations. The 1041 regulations represent a new permitting program for
designated activities of statewide interest, including major domestic water, sewage treatment and
highway projects.
6.First Reading of Ordinance No. 077, 2023, Appropriating Philanthropic Revenue Received
Through City Give for the Carnegie Center for Creativity as Designated by the Donor.
The purpose of this item is to request appropriation of $200,000 in philanthropic revenue received
through City Give for the Carnegie Center for Creativity as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
7.First Reading of Ordinance No. 078, 2023, Appropriating Philanthropic Revenue Received
through City Give for Various Programs and Services as Designated by the Donors.
The purpose of this item is to request appropriation of $65,790 in philanthropic revenue received
through City Give. These miscellaneous gifts to various City departments support a variety of
programs and services and are aligned with both the City’s strategic priorities and the respective
donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
8.First Reading of Ordinance No. 079, 2023, Making Supplemental Appropriation from the
Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant for the Fort Collins Police Services Forensic Services Unit.
The purpose of this item is to support Fort Collins Police Services Forensic Services Unit work in
prevention and investigation of serious injuries and deaths caused by illegal synthetic opiate
poisoning and for disrupting synthetic opiate distribution by appropriating $255,833 of
unanticipated grant revenue from the Colorado Department of Public Safety, Division of Criminal
Justice (DCJ).
9.First Reading of Ordinance No. 080, 2023, Authorizing Transfers of Appropriations for the
Northside Aztlan Resilience Hub Project.
The purpose of this item is to appropriate supplemental funds for the Northside Aztlan Community
Center Resilience Hub Project. Funding originally provided through Ordinance No. 113, 2020,
supported the construction of battery storage and upgraded solar equipment at the Northside
Aztlan Community Center. Project cost overruns arising from escalation, building code changes
and design modifications requires Utilities to transfer $60,000 from the Utilities Energy Service s
budget to supplement the Northside Aztlan Resilience Hub capital project budget. This funding
transfer utilizes anticipated underspend of lapsing funds to accomplish an objective consistent
with the purpose of the project. The project also received $200,000 in funding from the Colorado
Department of Local Affairs.
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City of Fort Collins Page 5 of 8
10.Items Relating to Sales Tax Code Updates.
A. First Reading of Ordinance No. 081, 2023, Amending Article VIII, Article XI and Article X IV of
Chapter 15 of the Code of the City of Fort Collins Relating to Pawnbrokers, Secondhand Dealers,
and Outdoor Vendors.
B. First Reading of Ordinance No. 082, 2023, Amending Article III of Chapter 25 of the Code of
the City of Fort Collins Relating to Sales and Use Tax.
The purpose of Ordinance A is to amend Chapter 15 of the City Code to include annual renewal
dates for pawnbroker and secondhand dealer licenses, to create exemptions from secondhand
dealer regulation for flea markets and secondhand furniture stores, and to restrict mobile food
truck vendors and pushcart vendors from operating on the renovated portion of Linden Street.
The purpose of Ordinance B is to amend Chapter 25 of the City Code concerning sales and use
tax. The updates to Chapter 25 include clarifying the process for a taxpayer to obtain a refund or
credit for overpayment of tax discovered in an audit, updating licensing to align with Senate Bill
22-032, and the time period that a business relocating to Fort Collins will owe use tax on
items brought into the City that were purchased while a nonresident.
11.First Reading of Ordinance No. 083, 2023, Amending Chapter 23.5 of the Code of the City
of Fort Collins Regarding Special Events.
The purpose of this item is to update the City Code regarding special event permitting so that it
aligns with current standards and practices. The majority of the changes are related to
administrative tasks, such as fees, timelines, and permitting authorities. The amendment also
includes allowing most of those changes to be handled at the administrative level, with City
Manager approval, without coming back to City Council for every change.
12.First Reading of Ordinance No. 084, 2023, Amending Article IX of Chapter 2 of the Code of
the City of Fort Collins Regarding Emergency Management.
The purpose of this item is to amend the City Code to reflect updates on how emergency
management programming is done and where the responsibility for that programming sits. This
includes some updated language changes, as well as authorities and roles for staff and elected
officials during a critical event.
At Second Reading of the Ordinance, Council will be asked to consider a Resolution to adopt an
updated Emergency Operation Plan (EOP) that supports and is consistent with the requested
changes in the City Code.
13.First Reading of Ordinance No. 085, 2023, Repealing and Reenacting Article II of Chapter
9 of the City Code Regarding Open Fire and Burning Restrictions.
The purpose of this item is to update the City Code provisions regarding restrictions on open fires
and burning in the City to update references to the International Fire Code, improve defined terms,
better describe what activities are or are not permitted during declared Stag e 1 and Stage 2 fire
restrictions, and provide a mechanism for Poudre Fire Authority to act quickly to postpone
previously permitted burns when changes in weather conditions increase the fire danger.
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14. Resolution 2023-048 Authorizing the Assignment of the City’s 2023 Private Activity Bond
Allocation to Housing Catalyst and Colorado Housing and Finance Authority for CARE
Housing to Finance the Construction and Rehabilitation of Affordable Homes.
The purpose of this item is to support the new construction and rehabilitation of affordable housing
at several locations in the City by assigning the City’s 2023 Allocation of Private Activity Bond
(PAB) capacity. PAB capacity is required for development projects using 4% Low-Income Housing
Tax Credit financing.
15. Resolution 2023-049 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins, Colorado, and the Colorado Department of Transportation
for the Maintenance of Traffic Signals, Signs, and Pavement Markings Within Fort Collins
and Within the Fort Collins Growth Management Area.
The City has a long-standing agreement with the Colorado Department of Transportation (CDOT)
to maintain traffic control devices within the City and within the Growth Management Area (GMA).
This update increases the amount that CDOT pays to the City for maintenance of signs and
pavement markings to more accurately reflect actual costs incurred by the City for this work.
Under this new intergovernmental agreement (IGA), the amount paid to the City by CDOT will
increase from $217,568 to $249,648 annually. The term of this IGA is 5 years.
16. Public Hearing and Resolution 2023-050 Approving the Programs and Projects that Will
Receive Funds from the Federal Community Development Block Grant Program, the HOME
Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s
Human Services Program.
The purpose of this item is to approve funding recommendations of the 2023 Spring Cycle of the
Competitive Process. This Resolution will complete the 2023 Spring Cycle of the Competitive
Process for allocating $4,180,498 in City financial resources to affordable housing and public
facility projects, human service programs and administration of the programs.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
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City of Fort Collins Page 7 of 8
• 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 have an opportunity to speak. 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.
17.Items Relating to Housing Strategic Plan Implementation: Rental Housing Registration
Program.
A. First Reading of Ordinance No. 086, 2023, Amending Chapter 5 of the Code of the City of Fort
Collins to adopt a Rental Housing Registration Program as an Implementation Action of the
Housing Strategic Plan and the Our Climate Future Plan.
B. First Reading of Ordinance No. 087, 2023, Appropriating Prior Year Reserves in the General
Fund for the Startup Phase of the Rental Housing Registration Program.
The purpose of this item is to consider the adoption of a Rental Housing Registration Program
that includes rental registration, improvements to the complaint-based inspection system and
software, enhanced mediation, education and outreach, and incentives for voluntary compliance.
Additionally, this item asks the Council to consider an off-cycle General Fund appropriation in the
amount of $461,375 (with an anticipated two-year total for 2023-2024 of $1.1 million) to support
the startup and implementation phases of the program. The development of a Rental Housing
Registration Program implements policy direction in both the Housing Strategic Plan (2021) and
the Our Climate Future Plan (2021):
● Housing Strategic Plan, Strategy 20 - Explore the option of a mandated rental license/registry
program for long-term rentals and pair with best practice rental regulations.
● Our Climate Future Plan, Strategy HAH6 - Explore the option of mandated rental licensing/rental
registry with minimum standards for health, safety, stability, and efficiency.
If adopted by the Council, staff anticipates the phased rollout of registration will begin in Q3 2024.
The period between adoption and implementation will be used to hire and train staff, implement
new software, implement improvements to the complaint-based inspection system and mediation
program, and conduct education and outreach with landlords, tenants, property managers, and
others impacted by the Rental Housing Registration Program. Because the timelines for hiring
processes, educational outreach, and software upgrades will impact the overall program
implementation timeline, staff will keep City Council updated on the progress of the rollout as
milestones are achieved.
The proposed Ordinance and supporting AIS before the Council incorporates the components
that a consensus of Councilmembers expressed support for bringing forward at April 18, 2023,
Council meeting discussion of rental housing. The components of the proposed program include:
(1) rental registration; (2) improvements to the existing complaint-based system, including
software; (3) enhanced mediation services; and (4) public education and outreach programs.
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P) OTHER BUSINESS
OB 1. 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.)
OB 2. Consideration of a motion to call a Special Meeting to be held immediately following
the Council Work Session scheduled for June 13, 2023, to conduct mid-year reviews
for Council's direct report employees:
“I move, pursuant to Section 2-29(a) of the City Code, that the Council call a special meeting
of the Council to take place on Tuesday, June 13, 2023, to be held immediately following the
6:00 p.m. Council work session, in the Colorado River Room at 222 Laporte Avenue, Fort
Collins, for the purpose of considering a motion to go into executive session to conduct the
mid-year reviews of the three Council direct-report employees."
OB 3. Consideration of a motion to cancel the Tuesday, July 4, 2023, Regular Council
meeting:
“I move, pursuant to City Code Section 2-28(a), that Council cancel its regular meeting of
July 4, 2023, in light of the Fourth of July holiday."
Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regu lar Council meeting, unless Council
determines otherwise.
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 cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
Page 8
PROCLAMATION
WHEREAS, April to September is the season most-commonly associated with snowmelt
flooding and thunderstorm flash flooding; and
WHEREAS, Fort Collins has experienced the social, economic, and environmental
consequences of loss of life and damage to property caused by flood disasters; and
WHEREAS, emergency preparedness depends on the leadership and efforts of public
officials dedicated to public safety and requires the establishment of farsighted and proactive
public policy; and
WHEREAS, Fort Collins Utilities is designated by the Federal Emergency Management
Agency as a Community Rating System Class 2 community for its comprehensive Stormwater and
Floodplain Management Program; and
WHEREAS, Fort Collins citizens have benefited from past investment in stormwater
infrastructure and recognize that additional infrastructure is needed to continue to mitigate
flooding in areas that are not yet protected; and
WHEREAS, by being informed and prepared and taking proper protective action, the
residents of Fort Collins can reduce the potential for loss of life and damage to property when
threatened by these events.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the week of May 21-27, 2023, as
FLOOD AWARENESS WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of June, 2023.
__________________________________
Mayor
ATTEST:
_________________________________
Chief Deputy City Clerk
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Item PP 1.
PROCLAMATION
WHEREAS, according to the American Heart Association, more than 356,000 EMS-assessed
out-of-hospital cardiac arrests (meaning not related to other trauma) occur annually in the United States
and nearly 90 percent are fatal; and
WHEREAS, in our community, thanks to the combined efforts of everyone from neighbors
and businesses to first responders and elected officials, 19 people who suffered an out-of-hospital
cardiac arrest in 2022, went home with the ability to live and function as they did before the incident.
This means grandparents holding grandkids, husbands on second honeymoons, and overall, more
people with more time together; and
WHEREAS, partnerships and teamwork resulted in a 15 percent average survival rate, placing
our community well above the national average of around 10 percent; and
WHEREAS, CPR and AED deployment, especially if performed immediately, can
dramatically improve the chance of survival and hands-only CPR is as effective as traditional CPR in
those first minutes before responders arrive; and
WHEREAS, hands-only CPR has just two easy steps 1: Call 911 if you see someone collapse
and 2: Push hard and fast in the center of the chest to the beat of a song that has 100 to 120 beats per
minute, such as “Stayin’ Alive” by the Bee Gees or “Jolene” by Dolly Parton; and
WHEREAS, everyone is part of a successful chain of survival; including the bystander that
starts CPR, the telecommunicator, and the fire and EMS crews ; without the community we could not
succeed – first responders encourage you to download the PulsePoint app today.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
the week of June 1-7, 2023, as
CPR AND AED AWARENESS WEEK
in Fort Collins to recognize the life-saving impact that CPR and AEDs have throughout our community
and globe.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of June, 2023.
____________________________________
ATTEST: Mayor
______________________________
Chief Deputy City Clerk
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Item PP 2.
PROCLAMATION
WHEREAS, Poudre Fire Authority and the City of Fort Collins recognize the increasing
threat of wildfires and significant impact of wildfire smoke on air quality and public health; and
WHEREAS, we are committed to preparedness and resilience, and acknowledge the
importance of proactive measures to protect our community, homes, and natural resources; and
WHEREAS, record setting fires and devastation caused by the Marshall and Cameron
Peak Fires have put concerns and even fear front and center for some; and
WHEREAS, we can all work together to prevent fires and lower our risk; and
WHEREAS, the first defense is to maintain a defensible space, so be sure debris such as
leaves, twigs, and pine needles are raked at least 5 ft. from homes, and from under decks, porches,
and structures and firewood should be at least 30 ft. from structures; and
WHEREAS, most homes lost in wildland fires are ignited by traveling embers that enter
through windows or vents; one of the most effective ways to protect homes in rural areas or near
open areas is to cover exposed eaves or attic vents with 1/8-inch metal mesh screening; and
WHEREAS, residents can sign up for wildfire alerts in Larimer County through NoCo
Alert and use the Air Quality Index, by the City’s Environmental Sustainability group, which helps
people make informed decisions when air quality is impacted by wildfires; and
WHEREAS, while National Wildfire Preparedness Day is in May, the people of northern
Colorado must plan, prepare, and prevent that day and many others.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the week of June 4-10, 2023, as
WILDFIRE AWARENESS AND PREVENTION WEEK
in Fort Collins to recognize the impact prevention can have on protecting our community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of June, 2023.
__________________________________
ATTEST: Mayor
_________________________________
Chief Deputy City Clerk
Page 11
Item PP 3.
PROCLAMATION
WHEREAS, after the Emancipation Proclamation was issued on January 1, 1863, it took almost two -and-
a-half years for enslaved African Americans in Texas to be informed of their liberation by the Union Army, who did
not enforce their emancipation until June 19, 1865; and
WHEREAS, that day became known as Juneteenth Independence Day and has been celebrated by the Black
and African American community for over 150 years, and is now commemorated nationally as the day when
enslaved Black and African Americans were freed; and
WHEREAS, not all enslaved people on American soil were liberated until the enactment of the Thirteenth
Amendment; and
WHEREAS, we recognize the continued impacts of slavery on the Black and African American community
today, the continued threat of racist violence, and the continued fight against systemic racism in pursuit of liberation,
reparations, and justice; and
WHEREAS, the Fort Collins Equity Indicators Report highlights the impacts of discrimination against the
local Black and African American community in outcomes connected to criminal justice, safety, economic
opportunity, health, education, and housing, and the City commits to action in addressing each of these inequities
through truth-telling, reconciliation, and systemic change; and
WHEREAS, Governor Jared Polis signed a bill Monday, May 2, 2022, that makes Juneteenth Colorado's
eleventh state holiday and the City declared Juneteenth an official city holiday for the first time in 2022; and
WHEREAS, the first community-organized Juneteenth celebration in the City of Fort Collins will take place
at Foothills Mall the weekend of June 16-18, 2023. The community will celebrate Juneteenth in culturally significant
ways that promote remembrance and advocate for racial progress; and
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim June 19, 2023,
as
JUNETEENTH INDEPENDENCE DAY
and further commit to addressing inequitable outcomes that persist for Black and African American community
members and encourage the community to join in celebration and solidarity as we recognize the significance of
Juneteenth and the continued struggle for liberation.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 6th
day of June, 2023.
_________________________________
Mayor
ATTEST:
_________________________________
Chief Deputy City Clerk
Page 12
Item PP 4.
PROCLAMATION
WHEREAS, the first Pride was a riot at the Stonewall Inn on June 28, 1969; and fifty
years later, on June 26, 2015, the U.S. Supreme Court ruled that same-gender couples could marry,
establishing a new and long overdue civil right in our country; and
WHEREAS, members of the Fort Collins community who are lesbian, gay, bisexual,
transgender, queer, two spirit, intersex, and asexual (LGBTQ+) deserve more than civil rights:
they deserve to be fully welcomed, to be safe, and to live in our community without the threat of
violence, marginalization, erasure, discrimination, or harassment; and
WHEREAS, the fight for dignity, belonging, and equity for LGBTQ+ people is reflected
in the dedication of advocates, allies, and local organizations such as SPLASH, PFLAG, Eclectic,
and the Colorado State University Pride Resource Center; and
WHEREAS, the City’s PRIDE Employee Resource Group formed to ensure LGBTQ+
people are safe, valued and affirmed within the organization and community, and their work has
elevated the Fort Collins Municipal Equality Index from 60 to 100 over the last several years; and
WHEREAS, City Council recently updated Chapter 13 of the City Code to prohibit
discrimination on the basis of sexual orientation, gender identity, and gender expression; and
WHEREAS, we invite our community to celebrate the hard-fought victories of the
LGBTQ+ community; and also acknowledge that more work remains in order to achieve full
equality, inclusion, representation, and acceptance; and
WHEREAS, the City would like to make clear to our LGBTQ+ community: you are
valued, you are worthy of celebration, and you should always feel proud of who you are; and to
honor the many June LGBTQ milestones and encourage Fort Collins to celebrate diversity and
inclusion, rainbow lights will be lit at City Hall throughout the month of June.
NOW THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby declare
the month of June 2023 as
LGBTQ+ PRIDE MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 6th day of June, 2023.
__________________________________
Mayor
ATTEST:
_________________________________
Chief Deputy City Clerk
Page 13
Item PP 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Rita Knoll, Chief Deputy City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 16, 2023 Regular Meeting and the May 23,
2023 Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the May 16, 2023 Regular meeting and the May 23,
2023 Adjourned meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, May 16, 2023
2. Draft Minutes, May 23, 2023
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City of Fort Collins Page 64 City Council Proceedings
May 16, 2023
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of May 7-13, 2023 as Public Service Recognition Week.
Mayor Jeni Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Deputy City Clerk Heather Walls
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino and the interpreter outlined Spanish interpretation options for the
meeting.
City Manager Kelly DiMartino provided an overview of the agenda, including:
Noting there were no changes to the published agenda.
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Item 1.
City of Fort Collins Page 65 City Council Proceedings
Recommending adoption of the consent calendar as presented.
Noting there are three items for discussion on the agenda.
F)COMMUNITY REPORTS
None.
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Karla Wagoner, retired Fort Collins resident, spoke in favor of the minimum wage ordinance and spoke
of the need to supplement social security, discussed working in the health care industry and requested
Council consider adopting the ordinance to provide residents a livable wage.
Sophie Mariam (remote), analyst at Colorado Fiscal Institute (CFI), spoke in favor of the minimum
wage ordinance stating it will support consumer spending, reduce income inequality without reducing
employment, will support a stronger local economy, reduce crime, improve infant health, and reduce
child abuse and teen pregnancy. Additionally, an increase of minimum wage will positively affect
workers in essential jobs.
Erik Cornell, union representative for United Food and Commercial Workers, who represents over 900
grocery workers in northern Colorado, spoke in favor of the minimum wage ordinance, provided
background on how a union position improved his family’s life, and stated increasing the minimum
wage will stimulate economic growth and increase quality of life.
Madeleine Grigg, Fort Collins resident, expressed major concern with the cost of living in Fort Collins
and stated the bar needs to be raised to improve quality of life.
Adam Eggleston, District 2 resident, requested a pause on adopting the minimum wage ordinance
stating that raising the minimum wage would cause employers to shift to automation and part time
employees and other earners could lose benefits because they earn too much, and cost increases will
be felt by middle class workers.
Kaori Keyser, District 2 resident, spoke in favor of increasing the minimum wage stating the cost of
living and housing have increased and we need to be doing what we can to keep up. Additionally,
putting more money in the hands of employees would lead to more money being spent in the
community.
Lauren Storeby, business owner, spoke on behalf of hospitality sector businesses and expressed
support for paying employees well. However, she questioned what the problem was and who are we
trying to help, noting all business expenses are increasing and raising the minimum wage will
increases costs and cause employee benefits to be reduced.
Shawn Storeby, Fort Collins resident, opposed the minimum wage ordinance stating restaurants
operate under a small profit margin, many small and medium sized restaurants will close or raise menu
prices. Rather than focusing on a broad minimum wage increase, work should be done to find solutions
that benefit both workers and businesses.
Teresa Edloe (remote), retired Air Force member, speaking on behalf of Together Colorado, a faith-
based organization, spoke in favor of adopting the minimum wage ordinance stating Together
Colorado addresses and resolves issues at local, state and national levels. Additionally, higher paid
employees are more motivated and switch jobs less frequently resulting in a lower cost of training new
employees and local minimum wage laws have proven to be effective in driving consumer spending
and creating jobs.
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Ann Hutchison, District 6 resident and President & CEO of Fort Collins Area Chamber of Commerce,
strongly encouraged Council to postpone the minimum wage ordinance indefinitely, opposed actions
on 1041 regulations, and stated the City is not ready to act on water adequacy. She thanked Mayor
Pro Tem Francis for hosting ‘how to testify’, Mayor Arndt and City Manager Kelly DiMartino for starting
a conversation about a community event to help people to grow the ability to talk in regular
conversation, and special thanks to Councilmember Peel for engagement on the ‘Everywhere, Every
Time’ train.
Christinia Eala, Fort Collins resident and psychiatric technician, commented on struggling to pay for
housing, food, transportation, and reliance on food stamps, and supported adoption of the minimum
wage ordinance.
Adam Vander Sande, owner of 5 locally owned restaurants, opposed the minimum wage ordinance
noting the cost of living is at an all-time high and stated businesses must pass increased expenses on
to consumers thereby pushing customers to other nearby municipalities.
Eric Sutherland, Fort Collins resident, opposed Item 7, relating to expansion of Connexion services
into a new territory outside the city limits stating there is no business plan or cost benefit analysis and
Connexion is losing money. Additionally, electric utility ratepayers will be required to backfill the
Connexion losses.
Arpi Miller, Fort Collins resident, spoke on behalf of ISAAC (Interfaith Solidarity & Accompaniment
Coalition), in favor of minimum wage increase stating many workers are afraid to speak up for fear of
employer retribution and workers are leaving to live in other communities because Fort Collins is not
affordable.
Alvaro Acevedo (via Spanish interpreter), Fort Collins resident, spoke on behalf of workers who are
afraid to speak or could not be here because they are working, stating current incomes do not allow
for any discretionary income and people cannot be home with their children because they are working
two jobs which has led to mental health issues for children. He encouraged Council to adopt the
minimum wage ordinance and provided a document signed by several workers.
Daniela Gonzalez, Fort Collins resident, spoke in favor of a minimum wage increase stating higher
wages will help businesses reduce turnover and lower costs and will prevent evictions and stabilize
the lives of workers.
Ross Cunniff (remote), Fort Collins resident and Land Conservation and Stewardship Board (LCSB)
Chair, thanked Council for passing 1041 regulations on first reading and encouraged Council to adopt
the ordinance on second reading. He encouraged Council to consider other areas to be included.
David Rout (remote), District 4 resident and Executive Director of Homeward Alliance, spoke in favor
of a minimum wage increase and commented on Homeward Alliance implementing a living wage
policy four years ago which has benefitted the organization and noting current local wages are not
nearly enough to work and live in Fort Collins.
Jennifer Brooks (remote), Fort Collins resident, stated the U+2 policy has had significant unintended
consequences, and has not solved the issues it was meant to solve. The housing crisis impacts
students and results in housing discrimination. She encouraged ending the enforcement of the
regulation stating it has increased housing costs.
Jesus Castro, Sr. (via Spanish interpretation), Fort Collins resident, spoke in support of an increased
minimum wage stating it should at least be at par with the cost of basic needs, which it has not been
for many years hindering consumer purchasing ability. In conversations with other workers, many
voiced concerns that actions would be taken against them if they spoke up.
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Item 1.
City of Fort Collins Page 67 City Council Proceedings
Maria Gonzalez (via Spanish interpretation), Fort Collins resident, expressed surprise this topic is still
being discussed given the current cost of living. She acknowledged the impact of increasing the
minimum wage on business owners, including herself, and commented on the lack of Latino food at
the Food Bank.
Zoe Roberts (remote), spoke in support of a minimum wage increase stating many residents are being
forced out of the community or cannot move into the community due to the current cost of living and
stated having a local minimum wage will require businesses to pay employees appropriately.
Gerard Boyle, Fort Collins resident, owns two restaurants in Fort Collins, commented on the impact
of raising the minimum wage on restaurants stating it would be difficult to offset the effect without
raising prices and thereby sending customers to other communities.
Jeffrey Noffsinger, former restaurant owner in Fort Collins, spoke on behalf of the Northern Colorado
Hospitality Sector Partnership, and stated regionalism is needed to reduce the impact of a minimum
wage increase given many workers will not want to work outside Fort Collins because wages are
higher. Additionally, small businesses will not be able to compete with national chains.
Sabrina (no last name given) spoke in favor of the minimum wage ordinance citing the need to support
the workers who provide the backbone of the community.
Beth (no last name given) spoke in favor of the minimum wage ordinance.
Jennifer Johnson, Fort Collins business owner and employer of 28 employees, stated the timing of
this item will create an imbalance to the community economy and expressed concern about
unintended consequences of the ordinance.
Gary Wockner, Save the Poudre, thanked Council for moving forward on 1041 regulations on first
reading, advocated for stronger regulations related to projects outside the city and supported Council
having a work session to discuss those stronger regulations.
Larson Ross, District 2 resident and union organizer, supported adoption of the minimum wage
ordinance citing his experience working minimum wage jobs and noting the current state of labor laws
allows retribution if workers fight for higher wages.
Greg Zoda, graduate teaching instructor at CSU, spoke in favor of a minimum wage increase and
quoted several studies related to the positive effect of increasing the minimum wage.
No name provided (via Spanish interpretation), Fort Collins resident, stated a $14 an hour wage
provides no option but to hold two jobs and not spend time with children and questioned whether that
is a fair trade off.
George Grossman, Happy Lucky’s Tea House, commented on the importance of a living lifestyle, not
solely a living wage, noting the State has a plan for raising the minimum wage and stating an increase
in Fort Collins will negatively impact small businesses. Additionally, he encouraged Council to also
consider what landlords are charging for rent.
Cristyn (no last name given), Fort Collins resident, expressed support for option 1 of the minimum
wage ordinance stating she would not be able to support herself without doing freelance work to
supplement her income. She stated an increase will show how the City values all residents and will
align with Neighborhood Livability and Social Health strategic outcome principles.
Melanie Potyondy, District 4 resident, stated raising the minimum wage is an area over which the City
has direct control, has shown to be effective, and needs to be addressed now. She requested Council
read Emily Gallichotte’s comments provided.
Public comment concluded at 7:50 p.m.
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Item 1.
City of Fort Collins Page 68 City Council Proceedings
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Julie Pignataro thanked the speakers and requested staff input regarding Item No. 7,
Items Relating to Connexion Service in Larimer County. Chad Crager, Connexion Executive Director,
replied staff has had numerous conversations with the County about providing service to its residents
given the digital disparity between those who live outside the city limits and those who live in areas
with municipal broadband. He noted the funding for this specific service expansion will be provided
100% from the County for design through installation and Connexion will be sharing 25% of the
revenue back to the County until that amount is paid. Additionally, a construction management
consultant will be utilized therefore services to current customers will not be impacted. He noted any
property damage caused by technicians is corrected as soon as possible.
Mayor Jeni Arndt thanked the speakers.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the May 2, 2023 Regular Meeting.
The purpose of this item is to approve the minutes of the May 2, 2023 regular meeting.
Approved.
2. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant and HOME Investment Partnership (HOME) Program Funds.
A. Second Reading of Ordinance No. 066, 2023, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 067, 2023, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant Fund.
These Ordinances, unanimously adopted on First Reading on May 2, 2023, appropriate the City's
FY2023 Community Development Block Grant (CDBG) Entitlement Grant and Fiscal Year (FY)
2023 Home Investment Partnerships Program (HOME) Participating Jurisdiction Grant from the
Department of Housing and Urban Development (HUD), and CDBG program income from
FY2021 and FY2022 and HOME Program Income from FY2021 and FY2022.
Adopted Both Ordinances on Second Reading.
3. Second Reading of Ordinance No. 068, 2023, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the North
College Mobile Home Park Rezoning.
This Ordinance, unanimously adopted on First Reading on May 2, 2023, amends the Zoning Map
and rezones the North College Mobile Home Park (the “Property”) from the Service Commercial
(CS) and Low Density Mixed-Use Neighborhood (LMN) zone districts to the Manufactured
Housing (MH) zone district. Half the Property is the CS zone district, and the other half is the LMN
zone district. With the proposed rezoning both of those would change to the MH zone district,
which would cover the entirety of the property. The 33-acre Property is located southwest of the
North College Avenue and Willox Lane intersection. The proposed rezoning was initiated by the
City and continues a series of rezonings begun in 2020 to rezone existing mobile home parks to
the MH zone district to promote the preservation of existing manufactured housing communities.
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City of Fort Collins Page 69 City Council Proceedings
The rezoning request is subject to Section 2.9.4 of the Land Use Code. The rezoning may be
approved, approved with conditions, or denied by Council after receiving a recommendation from
the Planning and Zoning Commission. The Planning and Zoning Commission voted 5 to 1 at their
March 23, 2023, hearing to recommend approval of the rezoning.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with Section 2(d) of the Council’s Rules of Meeting Procedures adopted
in Resolution 2022-068.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 069, 2023, Making Supplemental Appropriations,
Appropriating Prior Year Reserves, and Authorizing Transfers of Appropriations for the
West Elizabeth Corridor Final Design and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on May 2, 2023, appropriates local match
funds and enables the City to receive and expend Federal and Colorado Department of
Transportation (CDOT) funds to proceed forward with the Project. The funds will be used for the
final 100% design and outreach regarding improvements along West Elizabeth Street from Mason
Street and the Colorado State University (CSU) campus to Overland Drive. If adopte d, the
following amounts will be appropriated: (1) $651,628 from Transportation Capital Expansion Fee
and unanticipated revenue from Transfort funds; (2) $616,124 of matching CSU-provided funds;
and (3) $1,232,248 of Multi-Modal Options Funding grant funds for the Project. The amount of
$6,516 will be appropriated to the Art in Public Places Program.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 070, 2023, Vacating a Portion of Impala Circle Right-of-
Way.
This Ordinance, unanimously adopted on First Reading on May 2, 2023, approves the vacation
of Impala Circle right-of-way that is no longer desirable or necessary to retain for street purposes.
Portions of the right-of-way area, once vacated, will be retained as public access and emergency
access easements to the City to provide continued access for the neighboring properties.
Adopted on Second Reading.
6. First Reading of Ordinance No. 072, 2023, Authorizing the Disposition of a Portion of a
Shared Parking Easement and the Execution of an Amendment to the Shared Parking and
Access Easement Deed and Agreement.
The purpose of this item is to approve the reduction of a shared parking and access easement
previously dedicated to the City and to authorize the execution of an amendment to the agreement
that granted such easement. City Code Section 23-111 requires City Council authorization to sell,
convey, exchange, or otherwise dispose of any and all interests in real property, including
easements, owned in the name of the City. The original agreement was to allow for shared parking
and access on the property located at the northwest corner of Drake Road and College Avenue
for users of the MAX bus line. The goal for amending the shared parking space is to add an
additional area for shared parking and additional parking spaces and to revise the original
boundary so that it better conforms with proposed development’s parking lot layout.
Adopted on First Reading.
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7. Items Relating to Connexion Service in Larimer County.
A. Resolution 2023-045 Authorizing the Execution of an Intergovernmental Agreement Between
the City and Larimer County for Extension of Broadband Utility Services into Unincorporated
Larimer County Beginning with Areas Near the Harmony Road and Taft Hill Road Intersection.
B. First Reading of Ordinance No. 073, 2023, Appropriating Unanticipated Revenue from Larimer
County and Authorizing Transfers of Appropriations for the Design and Construction of Connexion
into Areas Northwest and Northeast of the Harmony Road and Taft Hill Road Intersection and
Related Art in Public Places.
The purpose of this item is to enter into an Intergovernmental Agreement (IGA) to enable the City
and Larimer County to collaborate to provide Connexion broadband communication service within
unincorporated Larimer County, including within the City’s Growth Management Area. The initial
project under the IGA to provide service to an area near the intersection of Harmony Road and
Taft Hill Road will establish a cost- and revenue-sharing relationship through which the County
will provide $3.58M to fund the design and construction of the expansion of Connexion service on
behalf of the County. Upon appropriation of these funds and completion of this work,
approximately 1,000 premises will be connected to Connexion service, and Connexion will
thereafter share with the County a portion of the service revenue from these areas, subject to
annual appropriation. Subsequent projects will be authorized through similar work orders
executed pursuant to the IGA.
Adopted Resolution and Ordinance on First Reading.
8. Resolution 2023-046 Appointing Two Board Members to the Boxelder Basin Regional
Stormwater Authority Board of Directors Being One Selected by the City and One Jointly
Selected by the City and Larimer County.
The purpose of this item is to consider making two appointments to the Board of Directors of the
Boxelder Basin Regional Stormwater Authority.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to approve the
recommended actions on items 1-8 on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Mayor Arndt noted a name spelling correction in the May 2, 2023 minutes.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Shirley Peel
Attended Community Foundation Celebration of Philanthropy.
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Attended a Fox Meadow Creek walking tour with staff who did a great job with dialogue with the
neighborhood regarding the current Land Use Code and what would have been allowed under the
Land Development Code.
Noted the Old Town trolley is back in service, and she participated in the inaugural ride with Mayor
Arndt.
Congratulated the City employees who were recognized at the City Employee Recognition
breakfast.
Attended the wreath laying with Mayor Arndt for Peace Officer Memorial Day and recognized this
week as Peace Officer Memorial Week.
Councilmember Susan Gutowsky
Congratulated the City employees who were recognized at the City Employee Recognition
breakfast.
Participated in the VIP inaugural trolley ride.
Attended Arbor Day festivities at Irish Elementary School and noted the Forestry Department
planted ten trees at the school.
Attended the Homeward Alliance Un-gala at Lory Student Center.
Recognized National Tourist Week and an associated Visit Fort Collins event at the former Macy’s.
Participated in land use walking tours in Parkwood and on Smith Street.
Reported on the Land Use Code open house at the Lincoln Center.
Councilmember Tricia Canonico
Thanked the attendees of the Land Use Code open house.
Attended the unveiling of the Visit Fort Collins new Promise for Fort Collins brand.
Councilmember Kelly Ohlson
Commented on the controversial return of the trolley years ago noting Councilmembers were sued
personally and punitively.
Commented on other controversial issues from the past including natural areas and the Fort
Collins Loveland corridor.
Mayor Jeni Arndt
Invited to participate in the National Security Forum in Montgomery, Alabama at the Maxwell Air
Force Base.
Acknowledged those who serve in the armed forces.
Acknowledged Peace Officers who protect the rule of law.
Acknowledged CSU students who have participated in the civic process and have worked to build
bridges between the city and CSU.
Attended the CSU Student Association’s inaugural ball of its new cabinet.
Clerk’s Note: Mayor Arndt called for a break at 8:06 p.m. The meeting resumed at 8:25 p.m.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
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O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
9. Second Reading of Ordinance No. 071, 2023, Amending the Land Use Code to Include
Guidelines and Regulations for the Administration of Designated Areas and Activities of
State Interest.
This Ordinance, adopted on First Reading on May 2, 2023, by a vote of 6-1 (Nay: Peel), amends
the Fort Collins Land Use Code to include 1041 regulations. The 1041 powers give local
governments the ability to regulate particular development projects occurring within their
jurisdiction, even when the project has broader impacts. The 1041 regulations would allow for
reviewing and permitting of two designated areas and activities of statewide interest: (1) major
domestic water, sewage treatment; and (2) highway projects. Staff has amended the Ordinance
to reflect the motion adopted by Council on first reading on May 2, 2023.
Planning, Development and Transportation Deputy Director Paul Sizemore introduced the item
before turning the presentation over to Senior Environmental Planner Kirk Longstein who
presented as set forth in the slide deck in the agenda packet, including the amendments made
as part of the first reading and two additional changes that are being recommended by staff.
PUBLIC COMMENT
Joe Rowan, District 5, expressed concern the City cannot manage the program and explained
potential issues given decisions would be made by third party consultants, not members of City
staff.
COUNCIL DISCUSSION
Mayor Arndt thanked staff for the overview and asked staff to address Mr. Rowan’s concern
regarding consultant selection. Longstein replied the City will be using third-party contractors,
selected through a request for proposal process, to get the program set up in the first year and
stated staff will be involved in the program administration and project review.
Councilmember Peel asked if the financial guarantees that are included are standard in other
processes. Longstein replied it is common when development permits related to environmental
protections are being reviewed and financial security to ensure performance is required if the
development application is reviewing mitigation plans.
Mayor Arndt asked about estimated costs of obtaining a 1041 permit. Longstein replied permit
fees would be approximately $24,000 for the full permit application plus any third-party consultant
fees, though analysis is still being completed. He stated the total timeframe for a full permit will
be around six to nine months.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt on
second reading Ordinance No. 071, 2023, Amending the Land Use Code to Include
Guidelines and Regulations for the Administration of Designated Areas and Activities of
State Interest.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to amend the
motion on the floor amending the ordinance to include Amendment #1 as included in the
Council materials.
Motion carried 7-0.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to amend the
motion on the floor amending the ordinance to include Amendment #2 as included in the
Council materials.
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Councilmember Peel asked if additional mitigation is required if there is other development review
on top of the 1041 review. Longstein replied the security at the FONSI level is only related to a
mitigation plan. Sizemore noted no additional permitting with the City would be required for a
project that is issued a FONSI.
Motion carried 7-0.
Mayor Arndt requested a report in a year regarding the effectiveness of the regulations and
monitoring the financial performance of the program.
Councilmember Ohlson stated this proposal is toned down from other communities in the state
and is not dramatic but is very cautious. He noted the County has far more comprehensive 1041
regulations than this proposal.
Mayor Pro Tem Francis stated she would support the item and concurred with the request for a
report in a year.
The motion on the amended motion carried 6-1.
Ayes: Councilmembers Ohlson, Canonico, Pignataro, Gutowsky, Mayor Arndt, Mayor Pro
Tem Francis.
Nay: Councilmember Peel.
10. First Reading of Ordinance No. 140, 2022, Establishing a Fort Collins Minimum Wage and
Associated Recordkeeping and Enforcement Provisions.
The purpose of this item is to bring forth an ordinance setting a local minimum wage in compliance
with HB19-1210.
Ginny Sawyer, Senior Policy and Project Manager, provided information on the public outreach
efforts which have occurred since the item was first discussed in November of 2022. She noted
the implementation date for these regulations would be January 1, 2024 thereby providing an
adequate timeframe for businesses to adjust and prepare. She noted the regulations would apply
to all businesses in Fort Collins.
Sawyer outlined the state minimum wage numbers and stated this ordinance includes two options
for timing of a local minimum wage increase.
PUBLIC COMMENT
Nathan Hoffman, United Food Workers union steward, supported adoption of the minimum wage
ordinance stating workers cannot make ends meet given rising inflation and wages remaining the
same.
Charles Brennan, Colorado Center on Law and Policy, commented on the Self Sufficiency
Standard report which analyzes the income needs and requirements for households by examining
the costs they face in a range of budget areas, including housing, transportation, health care, and
childcare. In addition to raising the minimum wage, municipalities can look at addressing housing
and childcare costs.
Kendal Stevenson, PhD student at CSU in Economics, spoke in favor of the minimum wage
ordinance and offered statistics related to the New York City minimum wage increase which
showed the restaurant industry thrived after the increase.
Kevin Caffrey stated the Central Labor Council has yet to be contacted by staff despite
representing over 35,000 workers in the area and expressed support for the minimum wage
increase.
Page 24
Item 1.
City of Fort Collins Page 74 City Council Proceedings
Joe Rowan, Fort Collins resident, stated wages do not account for many expenses and Council
has not discussed the financial consequences of this action. He provided arguments against
raising the minimum wage.
COUNCIL DISCUSSION
Councilmember Tricia Canonico referenced studies for larger cities and asked about studies on
smaller cities. Sawyer replied there are few comparable studies for smaller cities and noted direct
cause and effect comparisons are difficult to come by.
Mayor Jeni Arndt stated she voted in favor of the minimum wage increase at the state level and
concurred with all of the speakers; however, she stated the issue is complicated given businesses
could relocate to nearby cities and tipped employees cannot be exempted. She stated Fort Collins
businesses treat their employees well and small businesses would be lost or move with this
change. She stated she will not be supporting the ordinance.
Mayor Pro Tem Francis asked if work that is performed within the geographic boundaries of Fort
Collins would need to abide by the local minimum wage. Sawyer replied in the affirmative.
Mayor Pro Tem Francis stated allowing municipalities to set their own local minimum wage
acknowledges that the cost of living varies throughout the state, and it has increased dramatically
in Fort Collins. She commented on the importance of supporting local families and students and
stated Council does have control over a local minimum wage. She noted much of the Fort Collins
workforce commutes in from neighboring communities and stated this ordinance will help alleviate
disparities.
Councilmember Pignataro concurred with Mayor Pro Tem Francis’ comments regarding the cost
of living differing throughout the state. She commented on the history of the topic and expressed
support for option B.
Councilmember Canonico stated she can see both sides of this topic and acknowledged it is a
tough issue. She noted there are six states with a higher minimum wage than Colorado and
fifteen states that include a mechanism for annual minimum wage increases, including Colorado.
She stated that Fort Collins is better than most areas of the country despite its high cost of living.
She suggested increasing minimum wage by 2.5% over CPI to help alleviate the impacts on
businesses.
Councilmember Gutowsky commented on the market driving wages rather than Council imposing
a mandated minimum wage. Additionally, she stated many businesses are thriving and care very
much for their employees noting 85% of Fort Collins businesses have less than 50 employees
and the business owners also need to take home paychecks. She stated she will not be
supporting the ordinance.
Councilmember Ohlson stated he felt the staff report should have included all original options and
commented on the importance of siding with workers who deserve a fair wage. He stated the
worst case scenarios do not usually happen and giving workers more money increases spending
at small businesses in the community. He stated this vote is one of the most important of the
tenure of this Council and expressed support for the largest minimum wage increase. He noted
businesses with fewer than 20 employees and tipped workers cannot be excluded based on state
requirements.
Councilmember Peel noted this issue has so many variables and stated regulations drive up
costs, which she would prefer to examine to ease the cost of living burden. She stated small
businesses drive the Fort Collins economy and the businesses and non-profits she has
communicated with have indicated they cannot handle much more regulation.
Page 25
Item 1.
City of Fort Collins Page 75 City Council Proceedings
Mayor Pro Tem Francis commented on the importance of giving people control of their own
economy.
Mayor Arndt noted Council would not have any skin in the game if it mandated a minimum wage
increase and she commented on governmental enhanced income programs.
Councilmember Canonico suggested adding an item to the legislative agenda regarding
amending the minimum wage law at the state level to exclude tipped workers and smaller
businesses.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt on first
reading Ordinance No. 140, 2022, Establishing a Fort Collins Minimum Wage and
Associated Recordkeeping and Enforcement Provisions.
The motion failed 3-4.
Nays: Councilmembers Gutowsky, Peel, Canonico, Mayor Arndt
Ayes: Councilmembers Pignataro, Ohlson, Mayor Pro Tem Francis
Councilmember Canonico stated she believes this is a regional conversation and staff should
continue to reach out to regional partners; therefore, she suggested continuing outreach with the
Boulder Consortium of Cities. Mayor Arndt suggested bringing it up under Other Business.
11. First Reading of Ordinance No. 074, 2023, Amending the Land Use Code to Include
Regulations for Making Water Adequacy Determinations.
The purpose of this ordinance is to amend the Fort Collins Land Use Code to include water
adequacy determinations for new development and redevelopment. The regulations are divided
into three different categories: one for established potable water supply entities, one for new
potable water supply entities, and one for non-potable water supply entities. The goal is to comply
City of Fort Collins Page 6 of 7 with Colorado state statute (Section 29-20-301, et seq., C.R.S.)
and to make sure development has the necessary water supply.
Water is a crucial and constrained resource, and the City strives to ensure that development meets
the community’s vision and expectations for responsible resource management. City Plan includes
policies to ensure water is used wisely and our community is prepared for a changing climate.
Currently, development within the City only occurs within the boundaries of existing City (Fort
Collins Utilities) and special district potable water supply entities, such as Fort CollinsLoveland
Water District and East Larimer County Water District. A project is determined to have an adequate
water supply through the issuance of a “will serve” letter from the established potable water supply
entity at the time of development plan or building permit approval.
The necessity for an updated water adequacy review program stems from the limited supply and
high cost of water resources, which have resulted in developers pursuing more creative ways to
provide both potable and non-potable water to their proposed developments, particularly projects
striving to provide affordable housing or the denser development patterns called for in City Plan.
Deputy Director of Planning, Development, and Transportation Paul Sizemore stated this item
would create a new water adequacy determination process for development projects and it
includes three distinct policy decision points that would impact the way the process functions.
Jenny Axmacher, Principal Planner, noted the requirement for this process stems from a Colorado
statute requiring development applications to satisfactorily demonstrate that the proposed water
supply will be adequate. Axmacher outlined the current process of ‘will serve’ letters and detailed
the proposed water adequacy evaluation process. She noted that the technical nature of the
determinations led staff to believe they should not be appealable as it would be more appropriate
for the court to weigh in through a rule 106 action.
Page 26
Item 1.
City of Fort Collins Page 76 City Council Proceedings
Axmacher provided a summary of feedback received from providers and stated staff has identified
three decision points for Council consideration: one dealing with the determination timing, one
dealing with established provider review, and one dealing with a provision that new providers gain
consent from the existing service area provider, which is the most polarizing issue of the three.
Axmacher noted the Planning and Zoning Commission recommended that Council not adopt the
proposed Code and allow for additional time to consider the impacts of the timing of determination
and to further understand implications of appealing the decision of a special district. She stated
staff is recommending approval of the proposed changes.
PUBLIC COMMENT
Tim Goddard, Council for ELCO, noted the discussion on decision point three at the Planning and
Zoning Commission was contentious and commented on the process an existing provider is
required to follow if an applicant requests to be removed from its service area.
Joe Rowan stated this item is an example of poor planning creating an emergency and
commented on the lack of dialogue early in the process. He commented on the history of the
creation of water districts and stated the best option would be for Council to postpone
consideration of the item.
Max Moss, Montava developer, stated the City must control its own growth, which is dictated by
the cost and availably of water supplies, and expressed concern ELCO does not plan to relinquish
its right to provide water to the Montava project. He suggested the City does not need to require
the consent of existing service providers.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, that the City
Council go into executive session for the purpose of meeting with the City’s attorneys and
City management staff to discuss the following matters as permitted under City Charter
Article Two, Section Eleven (Two), City Code Section 2-31(a)(2) and Colorado Revised
Statutes Section 24-6-402(4)(b):
1. Specific legal questions related to water court litigation affected by the proposed Land
Use Code regulations for making water adequacy determinations; and
2. The manner in which the proposed Land Use Code regulations for making water
adequacy determinations may be affected by existing or proposed provisions of
federal, state or local law.
The motion carried 6-1.
Ayes: Councilmembers Gutowsky, Peel, Canonico, Pignataro, Mayor Pro Tem Francis,
Mayor Arndt
Nay: Councilmember Ohlson
Mayor Arndt called meeting back to order at 10:57 p.m.
COUNCIL DISCUSSION
Councilmember Peel stated that while a water adequacy policy is necessary, she is not
comfortable making a decision on this item tonight and will vote no until she can do additional
research.
Mayor Pro Tem Francis stated she would be in favor of postponing the item and having a work
session prior to considering the item for a vote. Councilmember Pignataro concurred.
Mayor Pro Tem Francis moved, seconded by Councilmember Peel, to postpone indefinitely
Ordinance No. 074, 2023, Amending the Land Use Code to Include Regulations for Making
Water Adequacy Determinations.
Page 27
Item 1.
City of Fort Collins Page 77 City Council Proceedings
The motion carried 6-1.
Ayes: Councilmembers Peel, Canonico, Pignataro, Gutowsky, Mayor Pro Tem Francis,
Mayor Arndt.
Nay: Councilmember Ohlson
P) OTHER BUSINESS
OB 1. 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.)
Councilmember Canonico requested support to continue discussions with the Boulder
Consortium of Cities regarding a minimum wage increase and to reach out to other
communities to ask them to join as well.
Councilmember Pignataro suggested forming our own regional consortium for resuming work
to try to develop a more regional solution to the local minimum wage issue.
Ginny Sawyer, Senior Policy and Project Manager, stated she is engaged with the Boulder
Consortium and will continue efforts to work more regionally and will provide reports to
Council on progress as it occurs.
Councilmember Canonico requested support to bring the topic to the legislative agenda.
Sawyer replied it will be added to the Legislative Review Committee agenda.
OB 2. Consideration of a Request to Extend the Time for the Ziegler/Corbett Appeals.
City Code Section 2-52(c) authorizes the City Manager at any time prior to the expiration of
the time for Council to hear an appeal, to request that Council approve the extension of time
for hearing an appeal in the event of scheduling difficulties or notice defects.
Two appeals have been filed regarding the Planning and Zoning Commission’s March 23,
2023, decision approving the Ziegler/Corbett Overall Development Plan Major Amendment,
MJA220004. Questions have arisen regarding the scheduling of the hearing on these appeals.
As a result, the City Manager has requested that Council approve the extension of time for
hearing these appeals from June 22 to September 5, 2023. Here is the requested motion:
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, that Council
extend the time for the hearing of the appeals filed regarding the Planning and Zoning
Commission’s March 23, 2023, decision approving the Ziegler/Corbett Overall
Development Plan Major Amendment, MJA220004, to September 5, 2023.
The motion carried 7-0.
Page 28
Item 1.
City of Fort Collins Page 78 City Council Proceedings
OB 3. Motion to Adjourn this meeting to 6:00 pm on May 23, 2023:
Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, that Council
adjourn this meeting to 6:00 p.m. on Tuesday, May 23, 2023, in order to select a second
alternate to the North Front Range Metropolitan Planning Council for the June meeting.
The motion carried 7-0.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 11:07 p.m.
______________________________
Mayor
ATTEST:
________________________________
Chief Deputy City Clerk
Page 29
Item 1.
City of Fort Collins Page 79 City Council Proceedings
May 23, 2023
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
Clerk’s note: There was no FCTV broadcast of this meeting. Public comment could be made live in Council
Chambers or via Zoom.
A) CALL MEETING TO ORDER
Mayor Pro Tem Emily Francis called the meeting to order at 5:59 p.m. in the City Council Chambers at
300 Laporte Avenue, Fort Collins, Colorado.
B) ROLL CALL
PRESENT
Mayor Pro Tem Emily Francis
Councilmember Julie Pignataro
Councilmember Susan Gutowsky
Councilmember Kelly Ohlson
Councilmember Shirley Peel
Councilmember Tricia Canonico
ABSENT
Mayor Jeni Arndt
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Assistant City Clerk Amani Chamberlin
C) ITEMS FOR DISCUSSION
1. Resolution 2023-047 Appointing a Backup Alternate Representative to the North Front
Range Metropolitan Planning Council.
The purpose of this item is to designate a Councilmember as a second alternate to the North
Front Range Metropolitan Planning Council.
There was no public comment or council discussion.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Resolution 2023-047, Appointing a Backup Alternate Representative to the North Front
Range Metropolitan Planning Council, inserting the name Shirley Peel into the Resolution.
The motion carried 6-0.
Absent: Mayor Arndt
Page 30
Item 1.
City of Fort Collins Page 80 City Council Proceedings
E) ADJOURNMENT
Mayor Pro Tem adjourned the meeting at 6:01 p.m. and stated a work session would be held in the
Colorado River Room at 222 Laporte Avenue immediately following this meeting.
___________________________________
Mayor
ATTEST:
_____________________________________
Chief Deputy City Clerk
Page 31
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
John Gerwel, Civil Engineer I
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 072, 2023, Authorizing the Disposition of a Portion of a Shared
Parking Easement and the Execution of an Amendment to the Shared Parking and Access
Easement Deed and Agreement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 16, 2023, approves the reduction of a
shared parking and access easement previously dedicated to the City and to authorize the execution of an
amendment to the agreement that granted such easement. City Code Section 23-111 requires Council
authorization to sell, convey, exchange, or otherwise dispose of any and all interests in real property,
including easements, owned in the name of the City. The original agreement was to allow for shared
parking and access on the property located at the northwest corner of Drake Road and College Avenue
for users of the MAX bus line. The goal for amending the shared parking space is to add an additional area
for shared parking and additional parking spaces and to revise the original boundary so that it better
conforms with proposed development’s parking lot layout.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
In 2014, at the request of the City of Fort Collins, Dillon Companies, Inc. (d/b/a Dillon Companies, LLC, the
“Developer”) allocated 37,525 square feet containing 60 parking spaces as shared parking for their
customers and commuters of the MAX bus line at the northwest corner of College Avenue and Drake Road
(See Figure 1). The Developer has since submitted plans to redevelop the same overall parcel into a King
Soopers grocery store. City staff and the Developer have agreed to modify the boundary of the existing
shared parking area and add an additional space for shared parking that will increase the amount of shared
parking spaces to 94. The boundary of the original parking area requires amending in order to
accommodate for modified drive aisles within the Development’s proposed parking lot layout, and to better
capture the parking spaces in the new layout. Even though the new shared parking area will result in a net
gain of shared parking spaces for the City, the original area will slightly decrease size. Per City Code 23 -
111, the loss of easement space in the original boundary necessitates approval from City Council. The
conditions of the original agreement will remain, and the City will not assume any additional burdens of
maintenance. Approval of this Ordinance will allow for the original boundary to be amended and reduced,
and the new dedicated space to be incorporated into the original agreement. See Figure 2 for the
comparison for the original shared area compared to the proposed amended parking area.
Page 32
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
Figure 1. Area Map
Page 33
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
Figure 2. Proposed Shared Parking Area Versus Original Shared Parking Area
CITY FINANCIAL IMPACTS
The expansion of this easement will not result in any financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
Page 34
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
PUBLIC OUTREACH
No public outreach was conducted related to the changes to the shared parking easement. It should be
noted that during the neighborhood meeting for the redevelopment of this site community members
expressed concerns over the lack of parking supply for MAX riders in this location. The additional shared
parking was negotiated as part of the development review process and is intended to help serve future
riders.
ATTACHMENTS
1. Ordinance for Consideration
2. Ordinance Exhibit A
Page 35
Item 2.
- 1 -
ORDINANCE NO. 072, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE DISPOSITION OF A PORTION OF A SHARED PARKING
EASEMENT AND THE EXECUTION OF AN AMENDMENT TO THE SHARED PARKING
AND ACCESS EASEMENT DEED AND AGREEMENT
WHEREAS, City Code Section 23-111 requires City Council authorization to sell, convey,
exchange, or otherwise dispose of any and all interests in real property, including easements,
owned in the name of the City; and
WHEREAS, in 2014, the City and Dillon Companies, LLC, executed the Shared Parking
and Access Easement Deed and Agreement (the “Agreement”), Larimer County Clerk & Recorder
Reception #20140048657, for sixty parking spaces for users of the Mason Corridor MAX/BRT
Project on the property located at the northwest corner of Drake Road and College Avenue (the
“Property”); and
WHEREAS, the City and Dillon Companies, LLC, wish to reduce the size of the original
easement by approximately 1,500 sq. ft. but provide additional easement area in another portion
of the Property and thirty-four additional parking spaces; and
WHEREAS, the reduction of the original easement along with the provision of additional
easement area and additional parking spaces constitutes an exchange of the City’s interest in real
property requiring City Council authorization; and
WHEREAS, the City and Dillon Companies, LLC, have drafted an amendment to the
Agreement (the “Amendment”) to formalize such exchange; and
WHEREAS, City Council finds that the exchange is in the best interests of the City because
the reduction in the original easement is more than offset by the additional easement area and
parking spaces provided for users of the Mason Corridor MAX/BRT Project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the conveyance and exchange of the easement on the Property as
provided herein is in the best interests of the City.
Section 3. That the City Manager is hereby authorized to execute the Amendment
attached hereto and incorporated herein as Exhibit “A” to exchange the easement on terms and
conditions consistent with this Ordinance, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or appropriate
to protect the interests of the City, including, but not limited, any necessary changes to the legal
Page 36
Item 2.
- 2 -
description of the easement, as long as such changes do not materially decrease the size or change
the character of the easement.
Introduced, considered favorably on first reading and ordered published this 16th day of
May, 2023, and to be presented for final passage on the 6th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading this 6th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Page 37
Item 2.
AMENDMENT TO SHARED PARKING AND ACCESS
EASEMENT DEED AND AGREEMENT
THIS AMENDMENT TO SHARED PARKING AND ACCESS EASEMENT DEED
AND AGREEMENT (“Amendment”), dated _________, 2023, is entered into by and between
DILLON COMPANIES, LLC, a Kansas limited liability company f/k/a DILLON COMPANIES,
INC., a Kansas corporation (“Grantor”) and THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation (“Grantee”).
Recitals:
A. Grantor and Grantee entered into a Shared Parking and Access Easement Deed
and Agreement on May 29, 2014 and recorded with the Larimer County Clerk and Recorder’s on
August 28, 2014 at Reception No. 20140048657 (the “Agreement”). (Initially capitalized terms
not defined herein have the same meaning as in the Agreement); and
B. Grantor and Grantee have agreed to revise the shared parking areas on the
Property;
C. Grantor and Grantee desire to amend the Agreement in the manner and form
herein set forth.
NOW, THEREFORE, for good and valuable consideration, Grantor and Grantee hereby
agree as follows:
1. BRT Easement Tract. The BRT Easement Tract is amended to add 34 spaces, for
a total of 94 spaces, legally described on Exhibit A and depicted on Exhibit B attached hereto
and to revise and amend the area of the initial spaces granted to that legally described on Exhibit
C and depicted on Exhibit D attached hereto.
2. Parking Spaces. Paragraph 2 is amended to expand the number of Parking Spaces
to a total of 94.
3. Grantor’s Rights in Easement Area. Paragraph 4 is amended to reflect the
expansion of Parking Spaces and the minimum number of spaces is 94.
4. Full Force and Effect. Except as amended herein, all terms and conditions of the
Agreement shall continue in full force and effect. The Agreement is hereby ratified and affirmed
by the parties, and is binding upon the parties in accordance with its terms.
5. Counterparts. This Amendment may be executed in counterparts which when
taken together shall constitute one document.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year first written above.
[SIGNATURE PAGES FOLLOW]
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 38
Item 2.
GRANTOR:
DILLON COMPANIES, LLC, a
Kansas limited liability company
By:
Its:
Date:
STATE OF OHIO )
)ss.
___________ COUNTY )
The foregoing instrument was acknowledged before me this ____ day of
________, 2023, by _________________ as ___________________ of Dillon Companies, LLC,
a Kansas limited liability company.
Witness my hand and official seal.
My commission expires: __________
Notary Public
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 39
Item 2.
GRANTEE:
THE CITY OF FORT COLLINS, COLORADO, a
Municipal corporation
By:
Its:
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
STATE OF COLORADO )
)ss.
___________ COUNTY )
The foregoing instrument was acknowledged before me this ____ day of
________, 2023, by _________________ as ___________________ of the City of Fort Collins,
Colorado, a municipal corporation.
Witness my hand and official seal.
My commission expires: __________
Notary Public
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 40
Item 2.
Exhibit A
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 41
Item 2.
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 42
Item 2.
LEGAL DESCRIPTION
SHARED PARKING EASEMENT
A SHARED PARKING EASEMENT OVER PART OF TRACT 2, K-MART PLAZA PLAT, RECORDED AT BOOK K PAGE 3
RECORDED IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE, LOCATED IN PART OF THE SOUTHEAST
QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, LARIMER
COUNTY, COLORADO, SAID EASEMENT DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 2;
THENCE N89°27'52"W, A DISTANCE OF 119.21 FEET ON THE SOUTH LINE OF SAID TRACT 2;
THENCE N00°32'08"E, A DISTANCE OF 16.62 FEET TO THE NORTH RIGHT-OF-WAY LINE OF DRAKE STREET AND POINT OF
BEGINNING;
THENCE S81 °27'51"W, A DISTANCE OF 44.12 FEET ON SAID NORTH RIGHT-OF-WAY LINE TO AN ANGLE POINT THEREIN;
THENCE N89°31'52"W, A DISTANCE OF 249.71 FEET CONTINUING ON SAID NORTH RIGHT-OF-WAY LINE TO THE EAST LINE OF A TRACT DEEDED TO THE CITY OF FORT COLLINS AT RECEPTION NO. 20140048667;
THENCE ON SAID EAST LINE FOR THE FOLLOWING THREE (3) COURSE;
1.THENCE N01 °41'18"E, A DISTANCE OF 19.83 FEET;
2.THENCE N88 °54'47"W, A DISTANCE OF 7.28 FEET;
3.THENCE N01°22'06"E, A DISTANCE OF 173.39 FEET;
THENCE S88 °39'54"E, A DISTANCE OF 33.02 FEET;
THENCE S00 °04'39"E, A DISTANCE OF 91.71 FEET;
THENCE S89°28'09"E, A DISTANCE OF 262.80 FEET;
THENCE S00°01'32"W, A DISTANCE OF 93.89 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 33,065 SQUARE FEET OR 0.759 ACRES.
BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, IS ASSUMED TO BEAR NORTH 00 °22'28" EAST, A DISTANCE
OF 2640.62 FEET, MONUMENTED AT THE SOUTH END BY A 2-5" ALUMINUM PIPE WITH 3" ALUMINUM CAP IN A RANGE
BOX STAMPED LS 17495, 1991 AND MONUMENTED AT THE NORTH END BY A 2.5" ALUMINUM CAP IN A RANGE BOX,
STAMPED LS 17495, 1995, WITH ALL OTHER BEARINGS REFERENCED THERETO.
EXHIBIT DIS ATTACHED HERETO AND IS ONLY INTENDED TO DEPICT EXHIBIT C-LEGAL DESCRIPTION. IN THE
EVENT THAT EXHIBIT C CONTAINS AN AMBIGUITY, EXHIBIT D MAY BE USED TO RESOLVE SAID AMBIGUITY.
April 11, 2023
H:\King Soopers -City Market\CO, Fort Collins -KSS000146 -#18 College & Drake\Survey\Documents\Legal Descriptions\KSS146-SharedParkingEasement-Southt.doc
Exhibit C
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 43
Item 2.
LEGEND t ALIQUOT CORNER (AS DESCRIBED)
SHARED PARKING EASEMENT
--- -PLSS ALIQOUT LINE
I I I I I I I I I t I I I I I I I I I I I I I I I I l I I I I I I I I I I I I I I I I I
ALL LINEAL UNITS ARE US SURVEY FEET
I I 40' CITY OF FT. COLLINS1 1 UNDERGROUND UTILITIES
I I BOOK 1297 /PAGE 131I I S88"39'54•E
EXHIBIT D
A N
0 10 30 60 � I I
SCALE: 1"=60'
I
I
I
I
I
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I
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I
I
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TRACT 2 K-MART PLAZABOOK K, PAGE 3
I -+--11o--+-1 20' UTILITY EASEMENT S89"28 09 26280
K-MART PLAZA
DRAKE STREET
-L
PART OF TRACT 2, K-MART PLAZA, LOCATED
IN THE SOUTHEAST QUARTER OF SECTION 23
T. 7 N., R. 69 W. OF THE 6TH P.M. FORT COLLINS, LARIMER COUTY, CO
SHARED PARKING EASEMENT EXHIBIT
Project No:
Drawn By:
Checked By:
Date:
EAST QUARTER CORNER, I iSECTIOO 23, T. 7 N., R. 69 W. FOUND 2.5" ALUMINUM CAP
IN RANGE BOX STAMPED "LS 17495" 1995 t
POINT OF BEGINNING
N89'27'52"W
POINT OF COMMENCEMENT FOUND NO. 5 REBAR, NO CAP
°"Vl u:, <.:) c:i :z ""'� �� t� _N Vl �<71 a <I z CD
119.21' -,._··---_-_-_-_-_-_-·
SOUTHEAST CORNER SECTIOO 23 I FOUND 2.5" ALUMINUM PIP£
WITH J" ALUMINUM CAP IN RANGE BOX
�PED "L�7495", 1991"
KSS000018.02
AN
FAK
4/11/2023
Galloway
5265 Ronald Reagan Blvd, Suile 210
Johnsklwn, CO 80534
970 800 3300 • Gallo .vayUS com
EXHIBIT A TO ORDINANCE NO. 072, 2023
Page 44
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Chad Crager, Broadband Executive Director
Cyril Vidergar, Legal
SUBJECT
Second Reading of Ordinance No. 073, 2023, Appropriating Unanticipated Revenue from Larimer
County and Authorizing Transfers of Appropriations for the Design and Construction of Connexion
into Areas Northwest and Northeast of the Harmony Road and Taft Hill Road Intersection and
Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 16, 2023, appropriates $3.58 million from
Larimer County and authorizes transfers for the design and construction of Connexion in an area near the
Harmony Road and Taft Hill Road intersection. At the June 6, 2023 meeting, Council adopted a Resolution
to enter into an Intergovernmental Agreement (IGA) to enable the City and Larimer County to collaborate
to provide Connexion broadband communication service within unincorporated Larimer County, including
within the City’s Growth Management Area. The initial project under the IGA to provide service to this area
will establish a cost- and revenue-sharing relationship through which the County will provide $3.58M to
fund the design and construction of the expansion of Connexion service on behalf of the County. Upon
appropriation of these funds and completion of this work, approximately 1,000 premises will be connected
to Connexion service, and Connexion will thereafter share with the County a portion of the service revenue
from these areas, subject to annual appropriation. Subsequent projects will be authorized through similar
work orders executed pursuant to the IGA.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
The City and Larimer County held respective statutory (SB 05-152) elections to enable each to build
facilities and deliver local broadband communication services. In serving its residents, the County wishes
to provide high-quality broadband communication services efficiently and cost-effectively through
collaboration with adjacent municipalities. The County and Connexion worked together to prioritize
unincorporated areas for initial service extension based on cost for service, adjacency to municipal
broadband infrastructure, underserved areas, and low socio-economic status. The areas with the highest
initial rankings include over 1,000 premises in the City’s Growth Management Area, northwest and
northeast of the Harmony and Taft Hill Roads intersection. Because of its ranking, the initial project under
the IGA will be for this area and the Work Order (#001) attached to the IGA as Exhibit A contains details
related to the project. Subsequent projects to provide service in other areas of unincorporated Larimer
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
County will be authorized through similar work orders pursuant to the IGA. The Resolution authorizes the
City Manager to sign subsequent work orders, within certain parameters.
In furtherance of serving these residents, the County has agreed to fund all design and construction for
Connexion to extend and construct broadband communication facilities and service in these areas under
Work Order #001, in the amount provided below. These unanticipated revenues need to be appropriated
for Connexion to engage in this collaborative project. In appropriating these funds, the City Code requires
appropriate transfers to the City’s Art in Public Places (APP) program.
Upon completion of construction and delivery of services for this initial project, subject to annual
appropriation, Connexion will share with the County 25% of the service revenue from customer accounts
in the constructed areas until the County receives an amount equal to its design and construction funding
contributions.
In addition, the County and Connexion will continue to collaborate on identifying funding sources for future
opportunities to deliver communication services to County residents under the purposes of the IGA.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for the scope of work related to the fiber optic network
design and installation associated with Work Order #001. Larimer County will provide all funding required
for design and construction of this work:
Funds to be Appropriated with this Action
Larimer Communications Service Funding $3,580,000
Total Appropriations with this Action $3,580,000
Funds are to be appropriated and expended in the Broadband Fund. Service revenue sharing amounts
described in the IGA will be subject to and included in subsequent appropriations and annual budgets
brought to Council for review and approval.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Though not through formal presentation, Connexion staff provided the Energy Board on multiple occasions
in 2022 and 2023 with details on the regional communication service expansion planning described in the
IGA. Staff also answered questions from the Board on these occasions, though did not present the IGA for
review by the Board.
PUBLIC OUTREACH
Larimer County held meetings open to the public in determining priority of the areas funded by this IGA as
well as approval of the IGA. Connexion will complete outreach to these neighborhoods for schedule,
required property owner permissions, construction impacts, and marketing for available service.
ATTACHMENTS
1. Ordinance for Consideration
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Item 3.
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ORDINANCE NO. 073, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE FROM LARIMER COUNTY AND
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE DESIGN AND
CONSTRUCTION OF CONNEXION INTO AREAS NORTHWEST AND
NORTHEAST OF THE HARMONY ROAD AND TAFT HILL ROAD INTERSECTION AND
RELATED ART IN PUBLIC PLACES
WHEREAS, the City is a Colorado home-rule municipality that has established and
operates a municipal broadband utility known as Fort Collins Connexion (“Connexion”); and
WHEREAS, in 2016, Larimer County voters authorized the County to provide regional
broadband services in unincorporated areas of the County, including entering into
intergovernmental agreements to access municipal broadband utility netwo rks; and
WHEREAS, in light of the cost savings and potential future benefits of extending jointly
supported regional broadband communication services, contemporaneously with this Ordinance,
the City and County entered into an Intergovernmental Agreement for Connexion Communication
Services Provision in Larimer County (the “IGA”); and
WHEREAS, in furtherance of benefits under the IGA, the County has agreed to fund design
and construction for Connexion to extend broadband communication facilities and services, in
exchange for a share of service revenue from customers in unincorporated areas up to the amount
of the County’s initial project contribution funding, subject to annual appropriation by the City;
and
WHEREAS, consistent with the purposes of the IGA, the City and County prioritized areas
for initial service extension, based on cost for service, adjacency to municipal broadband facilities,
underserved areas, and socio-economic status, and identified an area including over 1,000 premises
near the Harmony Road and Taft Hill Road intersection (the “Project”); and
WHEREAS, the County has committed Three Million Five Hundred Eighty Thousand
dollars ($3,580,000) to be appropriated by the City in the Broadband Fund for the Project; and
WHEREAS, this Project involves construction estimated to cost more than $250,000 and,
as such, City Code Section 23-304 requires one percent of these appropriations to be transferred
to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program
(“APP Program”); and
WHEREAS, contributions to the APP Program by each City utility for art projects is kept
and spent in such utility’s own fund, the utility contributes its share of the APP Program’s costs
for maintenance, administration, repair and display to the Cultural Services and Facilities Fund as
provide in City Code Section 23-303(c); and
WHEREAS, in accordance with Article V, Section 10 of the City Charter, the appropriation
for the Project from the Broadband Fund and the transfer of a portion of those unexpended and
unencumbered appropriated funds to the APP Program as provided in City Code Section 23-304(c)
will be used for Broadband Fund purposes and improvements in connection with the Project that
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Item 3.
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benefit public health, safety and welfare of the citizens of Fort Collins and serve the public purpose
of strengthening regional governmental partnerships, broadband utility enterprises, and
economically capitalizing on regional municipal broadband opportunities; and
WHEREAS, the amount to be contributed to the APP Program in this Ordinance will be
$35,800; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds 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 Broadband
Fund and will not cause the total amount appropriated in the Broadband Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by 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 $35,800 from the
Broadband Fund to the Cultural Services & Facilities Fund and determined that the purpose for
which the transferred funds are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made but continue until
the completion of the capital project; and
WHEREAS, the City Council wishes to designate the appropriation herein for the Design
and Construction of Connexion into Areas Northwest and Northeast of the Harmony and Taft Hill
Intersection Project as an appropriation that shall not lapse until the completion of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from new revenue or other funds from the
IGA in the Broadband Fund the sum of THREE MILLION FIVE HUNDRED EIGHTY
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Item 3.
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THOUSAND DOLLARS ($3,580,000) to be expended in the Broadband Fund for the Design and
Construction of Connexion into Areas Northwest and Northeast of the Harmony and Taft Hill
Intersection Project.
Section 3. That the unexpended and unencumbered appropriated amount of
TWENTY-SEVEN THOUSAND NINE HUNDRED TWENTY-FOUR DOLLARS ($27,924) in
the Broadband Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund
and appropriated and expended therein to fund art projects under the APP Program.
Section 4. That the unexpended and unencumbered appropriated amount of SEVEN
THOUSAND ONE HUNDRED SIXTY DOLLARS ($7,160) in the Broadband Fund is authorized
for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for
the operation costs of the APP Program.
Section 5. That the unexpended and unencumbered appropriated amount of SEVEN
HUNDRED SIXTEEN DOLLARS ($716) in the Broadband Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance
costs of the APP Program.
Section 6. That the appropriation herein from the Design and Construction of
Connexion into Areas Northwest and Northeast of the Harmony and Taft Hill Intersection Project
is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the completion of the project.
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, 2023, and to be presented for final passage on the 6th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading this 6th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Page 49
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Kaley Zeisel, Interim Director, Transit
Chris Hayes, Legal
SUBJECT
First Reading of Ordinance No. 075, 2023, Making Supplemental Appropriation of Unanticipated
Grant Revenue and Authorizing Transfers for the Development of a Paratransit Mobile Application
and Web Portal.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort by the
Colorado Department of Transportation (“CDOT”), together with unencumbered Transit Services Fund
amounts that will satisfy the grant’s local match requirement.
Transfort has applied for and been awarded a $50,000 state grant through CDOT’s Office of Innovative
Mobility, to be used for the development of a paratransit client web portal and mobile application. This
grant requires a $10,000 local match.
This Ordinance appropriates $50,000 in state grant revenue, and $10,000 in local match from the Transit
Services Fund.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On March 7, 2023, the Office of Innovative Mobility (“OIM”) of CDOT announced approximately $600,000
in state discretionary funding aimed at helping communities strengthen their transportation demand
management efforts by funding innovative mobility solutions.
Transfort applied for and has been awarded $50,000 in Fiscal Year 2023 CDOT OIM state discretionary
funding. This grant requires a local match of $10,000. Transfort will satisfy this local match, using
unencumbered Transit Services Fund amounts. The City has not yet received the finalized CDOT grant
agreement, which is anticipated to be signed under the City Manager’s direct authority according to City
Code Section 1-22(b)(2)b and 2023-24 Adopted Budget Offer 51.3, “Dial-A-Ride.”
Transfort will use the CDOT OIM award to create and implement a new client web portal and mobile
application for its Dial-a-Ride paratransit service. These new offerings will allow paratransit clients in the
Fort Collins service area to schedule their own trips with 24/7 access to the system, to edit their trips to
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Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
receive trip alerts, to view real-time vehicle information, and to track their vehicle’s location, thereby greatly
improving the paratransit client experience and overall program efficiency.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $50,000 in unanticipated grant revenue.
Additionally, Transfort will satisfy the grant’s local match requirement through appropriating an unexpended
and unencumbered amount of $10,000 of the Transit Services Fund, which was previously appropriated
through the 2023 Budget process.
All funds associated with this grant and project will be appropriated through the Transit Services Fund.
Prior Appropriated Funds
2023 BFO – Transfort Operational Funds $10,000
Funds to be Appropriated with this Action
Office of Innovative Mobility (OIM) Award $50,000
Total Project Funds $60,000
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
Page 51
Item 4.
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ORDINANCE NO. 075, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION OF UNANTICIPATED GRANT
REVENUE AND AUTHORIZING TRANSFERS FOR THE DEVELOPMENT OF A
PARATRANSIT MOBILE APPLICATION AND WEB PORTAL
WHEREAS, Transfort’s Dial-a-Ride paratransit service contributes greatly to the
transportation community of Fort Collins by providing a door-to-door paratransit service for
individuals who are prevented from using Transfort’s fixed-route system because of a disability;
and
WHEREAS, the Colorado Department of Transportation (“CDOT”) has awarded the City
$50,000 in state discretionary funding for a paratransit client web portal and mobile application
(the “CDOT Grant”); and
WHEREAS, the CDOT Grant requires a local match of $10,000 from the City; and
WHEREAS, the local match of $10,000 for the CDOT Grant will come from unexpended
and unencumbered amounts of the Transit Services operating budget in the Transit Services Fund;
and
WHEREAS, Transfort will use the CDOT Grant to create and implement a new paratransit
client web portal and mobile application, allowing paratransit clients in Fort Collins to schedule
their own trips with 24/7 access to the system, to edit trips, to receive trip alerts, to view real-time
vehicle information, and to track vehicle location, thereby greatly improving the Dial-a-Ride client
experience and program efficiency; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of improving Transfort’s Dial-a-Ride
paratransit service; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the Transit
Services Fund and will not cause the total amount appropriated in the Transit Services
Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be
received in this Fund during this fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to another
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Item 4.
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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 $10,000 from the Transit
Services operating budget in the Transit Services Fund to the Transit Services Paratransit Mobile
Application project budget in the Transit Services Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but
continue until the earlier of the expiration of the federal, st ate or private grant or the City’s
expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein from the
Colorado Department of Transportation as an appropriation that shall not lapse until the earlier of
the expiration of the grant or the City’s expenditure of all funds received from such grant.
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 new revenue or other funds in the
Transit Services Fund the sum of FIFTY THOUSAND DOLLARS ($50,000) to be expended in
the Transit Services Fund for a Paratransit Mobile Application and Web Portal.
Section 3. That the unexpended and unencumbered appropriated amount of TEN
THOUSAND DOLLARS ($10,000) is authorized for transfer from the Transit Services operating
budget in the Transit Services Fund to the Paratransit Program in the Transit Services Fund and
appropriated therein to be expended for Paratransit Mobile Application and Web Portal.
Section 4. That the appropriation herein of grant revenues from the Colorado
Department of Transportation is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until
the earlier of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 54
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Kirk Longstein, Senior Environmental Planner
Monica Martinez, Finance
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 076, 2023, Appropriating Prior Year Reserves for the Administration
of the Land Use Code Regulations for Designated Areas and Activities of State Interest.
EXECUTIVE SUMMARY
The purpose of this Ordinance is to appropriate general fund dollars to administer the recently adopted
1041 regulations. The 1041 regulations represent a new permitting program for designated activities of
statewide interest, including major domestic water, sewage treatment and highway projects.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The term “1041” refers to the number of the bill, House Bill 74-1041, that created the 1041 powers in 1974,
and the statutes regarding 1041 powers are also referred to as the Areas and Activities of State Interest
Act (“AASIA”). The statute authorizes local governments to regulate specified activities and areas, and the
proposed regulations address three types of activities listed in the statute.
Ordinance No. 071, 2023, Amending the Land Use Code to Include Guidelines and Regulations for the
Administration of Designated Areas and Activities of State Interest was adopted on Second Reading on
May 16, 2023. The 1041 powers give local governments the ability to regulate particular development
projects occurring within their jurisdiction, even when the project has broader impacts. The 1041 regulations
would allow for reviewing and permitting of two designated areas and activities of statewide interest: (1)
major domestic water, sewage treatment; and (2) highway projects. As an overview, the Council adopted
1041 regulations and sets forth a permitting program summarized in three parts shown in the table below
and the Attachment: Finding of No Significant Impact (FONSI) review; full permit review; and any permit
conditions.
As directed by the Council. staff recommend a supplemental appropriation to support the administration of
1041 permit applications using professional services and on-call permit review contractors.
To implement the recently adopted 1041 regulations, staff plan to utilize an on-call contractor servicing
third party permit review of all phases of the 1041 permit. The scope of these services includes all phases
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
of the review including pre-application/Finding of No Significant Impact (FONSI), full permit review, and
inspections (Permit Conditions). Based on a Request For Information (RFI) issued in the fall of 2022, staff
budget up to $35,000 dollars for each third-party application review, depending on complexity of the project.
An additional $35,000 is estimated for inspections during the permit conditions phase after a permit is
approved. By managing these services, City staff intend to mitigate scope-creep and provide cost
predictability to future permit applicants. In addition to these pass-through costs, the applicant will provide
the City with a guarantee of financial security for all permit conditions. Through each of the permit phases,
all costs assessed by the contractor will be paid by the City and fully reimbursed by the applicant. This
ordinance will appropriate the budget necessary for the City to incur these costs as well so that staff can
administer post approval phases with a third party.
Development review permit fees will also be assessed in addition to the third-party review fees. These fees
are based on a preliminary staffing analysis of the required ongoing management needs for the permitting
program. As reflected in the table below, staff estimate assessed fees will align closely with the existing
development review fees. The FONSI phase is estimated to be assessed a $15,000 administrative fee and
the Full Permit Review is estimated to be assessed a $25,000 administrative fee. The proposed program
design will help staff get the program started soon after adoption with existing staff levels, and better
prepare Community Development and Neighborhood Services for a future Budgeting for Outcomes (BFO)
offers for administering the 1041 permit review program. The expense budget for these permit review fees
will not be appropriated as the assessed revenue will be used to offset the cost of existing staffing levels.
There is some level of uncertainty regarding the number of projects that may be subject to these
regulations. Through preliminary review of water provider capital projects, staff estimate at least five (5)
potential projects that will require a permit through these new regulations.
1041 Regulations
Permit
Phase
City Permit
Fee
On-call Permit Review and
Inspection Services
1041 Application Requirements and
Post Approval Conditions FONSI Review $15,000 $10,000
Conceptual LUC 2.2
Pre-application Activity
Review LUC 6.6.3
Public Comment Period LUC 6.6.4
FONSI Determination LUC 6.6.5
Appeal LUC
2.2.12(D) Full Permit Review $25,000 $25,000
Neighborhood Meeting LUC 6.6.6
Completeness Check/
Permit Review LUC 6.6.7
P&Z Hearing LUC
6.6.12
City Council Hearing LUC
6.6.13
Issuance of Permit LUC
6.6.15 Permit Conditions - $35,000
Progress Reports LUC
6.12.1
Inspections and Monitoring LUC
6.12.6
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
In addition to budget for on-call permit review services, staff is also requesting a one-time, $80,000
supplemental appropriation to generate customer tools which support GIS analysis, and professional
services that will establish a clear expectation for the applicant and the permit reviewer to meet the code
requirements. The initial Scope of these supporting customer tools includes:
A. Project Management – Create development review workflow, application checklist, completeness
review, and permit documents. Support staff in establishing information materials and inspection
schedules that inform applicants of the development review process and permit applications.
B. Regulatory GAP Analysis - Identify data gaps and processes for reviewing submittal documents against
the new 1041 review standards and criteria. Comprehensive review and assessment of existing
regulatory framework and provide a matrix identifying gaps associated with water and transportation
infrastructure projects, particularly those related to river, riparian, and recreational resources.
Recommend minimum application submittal information and processes for reviewing submittal
documents meeting requirements of the City Code’s standards, purposes, and intent.
C. Natural Resources Inventory – Updates to the natural resources and habitat features inventory GIS
map that will serve as a baseline for determining a Finding of No Significant Impact (FONSI). The
scope of the project includes defining habitat cover types, matching existing data to the extent possible,
initial desktop mapping, ground truthing, and desktop corrections. The Contractor must pro vide the
necessary components consist of desktop mapping and ground truthing. Additionally, the Contractor
must provide access and integrate various data sources including Colorado Parks and Wildlife data,
Natural Areas Department habitats, wetland data, and others that support the 1041 review standards
and criteria.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $350,000 from General Fund Reserves for third-party application review
and inspection expenses. This amount assumes five (5) applications for 2023 with a high-end expense of
$70,000 per application for third-party services. The City will receive reimbursement for all third-party
expenses from the responsible applicant.
This Ordinance will also appropriate $80,000 from General Fund Reserves to be used for generating
customer tools as outlined above.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff heard general support from City Council during the first and second reading to bring forward a
supplemental appropriation in support of recently adopted 1041 regulations.
PUBLIC OUTREACH
Staff public outreach included discussing five (5) key policy questions with stakeholders, one of which
asked the opinion of utilizing a third-party on-call contractor verse adding a city full-time staff member to
review 1041 permit applications. 1041 regulations decision point 5 asked:
Should the Code include the use of third-party contractors to support staff administration of permit
applications?
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
Feedback themes shared with Council during the first reading adoption of the code on May 2
included:
Environmental Groups support third-party contractors provided they are solely supporting the City,
are not biased, and their payments are transparent.
Water Providers do not support outsourcing this important task due to cost control risks, difficulty in
assessing ultimate costs, extended timelines.
Some Water Providers favor supplemental appropriation for staff to administer 1041 permit
applications, suggesting In-house staff would be more efficient and consistent.
ATTACHMENTS
1. Ordinance for Consideration
2. 1041 Permit Review
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Item 5.
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ORDINANCE NO. 076, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR THE ADMINISTRATION OF
THE LAND USE CODE REGULATIONS FOR DESIGNATED AREAS AND ACTIVITIES
OF STATE INTEREST
WHEREAS, on May 16, 2023, City Council adopted on second reading Ordinance No.
071, 2023, Amending the Land Use Code to Include Guidelines and Regulations for the
Administration of Designated Areas and Activities of State Interest; and
WHEREAS, the Land Use Code and amendments made to the Land Use Code by
Ordinance No. 071, 2023, allow the City to retain the services of third-party consultants to assist
in the review of proposals and permit applications to conduct designated activities or develop
within a designated area, and to conduct follow up inspections and monitoring related to issued
permits; and
WHEREAS, it will be necessary for the City to retain the services of third-party consultants
to assist City staff with administering the regulations for designated areas and activities of state
interest; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of carrying out the effective application and
administration of the Land Use Code; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year such funds for expenditure as may be available from reserves
accumulated in prior years, notwithstanding that such reserves were not previously appropriated;
and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FOUR HUNDRED THIRTY THOUSAND DOLLARS ($430,000) to be
expended in the General Fund for the Administration of the Land Use Code Designated Areas and
Activities of State Interest Regulations.
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Item 5.
-2-
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 60
Item 5.
ATTACHMENT – 1041 Permit Review
FONSI – Finding of No Significant Impact
The purpose of the FONSI review is to determine if a permit is required for the proposed development
plan, application submittal requirements, procedural requirements, and relevant agencies to coordinate
with as part of any permit review process. Once application materials are reviewed, the Director shall
make a finding related to whether the proposed development plan will result in significant impacts. If
the Director issues a FONSI, the applicant does not need to submit a permit application under these
Regulations.
Full Permit Review
If the Director determines a FONSI is not appropriate, the proposed development plan requires a permit
and is subject to these Regulations. The Director shall provide the applicant with written comments, to
the extent such comments differ from comments provided for any conceptual review, regarding the
proposal to inform and assist the applicant in preparing components of the permit application, including
a submittal checklist. Once application materials are received, no determination of completeness may
exceed sixty (60) days. When the Director has determined that a submitted application is complete
including a neighborhood meeting, a City Council hearing is scheduled within 90 days.
Permit Decision Making
The Director may retain third-party consultants at the applicant’s expense necessary to assist City staff
in reviewing a complete permit application or assist City Council in rendering a decision on a permit.
Third-Party Scope of services includes the following:
A. Review 1041 permit applications and submittal materials including technical environmental
studies. Including but not limited to pre-application meetings, formal rounds of review and
providing comments to the applicant, and agenda item summary and supporting documentation
to be included in a staff report to Council for determining approval or denial of a permit
application. The contractor must review construction detail plans and specifications, state and
•Easement size
thresholds
•Exemptions
•FONSI
Applicability of
Standards –FONSI
•Completeness Check
•Third-Party analysis
•Review Standards
Full Permit Review
•Planning and Zoning
•City Council
•Issuance of a permit;
conditions
Permit Decision
Making
Page 61
Item 5.
federal environmental requirements, recommend conditions of the permit’s approval for council
consideration, attend a Development Construction Permit (DCP) meeting.
Issuance of a permit; conditions
If Council approves a permit, the City Council may attach conditions to the permit to ensure that the
purpose, requirements, and standards of the Regulations are continuously met throughout the
development, execution, operational life, and any decommissioning period. Before any development
occurs pursuant to an approved permit issued, the applicant will provide the City with a guarantee of
financial security deemed adequate by the Director to accomplish the conditions of the permit. Several
conditions may apply; however, inspections and monitoring are required for all projects. The City’s
third-party contractor will provide inspection services including but not limited to the following:
A. Construction Site Inspections and reporting - Perform inspections aligned with the project’s
construction schedule to ensure compliance with 1041 permit stipulations, environmental
mitigation, and federal and state permit requirements, as applicable. frequency may vary depending
on complexity of the project.
B. Permit Closeout Monitoring - Ensure compliance with the ongoing mitigation and reclamation
requirements of a 1041 applicant and report at least once quarterly (every 3 months) to City staff of
project progress and compliance with permit.
C. Annual Review and Progress Report - Within thirty (30) days prior to each annual date of the
granting of a permit, the permittee shall submit a report detailing any and all activities
conducted by the permittee pursuant to the permit including, but not limited to, a satisfactory
showing that the permit has complied with all conditions of the permit and applicable
regulations for administration of the permit.
Page 62
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 077, 2023, Appropriating Philanthropic Revenue Received Through
City Give for the Carnegie Center for Creativity as Designated by the Donor.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $200,000 in philanthropic revenue received through
City Give for the Carnegie Center for Creativity as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The historic 1904 Carnegie building is one of the oldest, continuously operating public buildings in Fort
Collins. Carnegie libraries were often the first public libraries in communities across the country. Operated
by the City of Fort Collins and designated a local Historic Landmark in 1978, the building is now the
Carnegie Center for Creativity (CCC) dedicated to affordable, community-focused cultural space.
The ambitious renovation focuses on both historic restoration and infrastructure investments to ensure the
Center continues to serve Fort Collins as an affordable, community-focused community space for gallery
exhibitions, performance, classes, and special events.
The current project estimate for the full renovation is $6,000,000 with $3,028,078 provided through the
generosity of local voters via a 2015 Community Capital Improvement Program ballot measure. A
Community Revitalization Grant from the State of Colorado’s Colorado Creative Industries provides
$2,400,000 of funding. Private funding is being sought to address final funding needs to bring this important
project to fruition.
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.
Page 63
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $200,000 in philanthropic revenue received through City Give for The
Carnegie Center for Creativity. The funds have been received and accepted per the City Give
Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from the designated funds and will not cause the total amount appropriated in these funds
to exceed the current estimate of actual and anticipated revenues and all other funds to be received in
these funds during fiscal year 2023.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
Page 64
Item 6.
-1-
ORDINANCE NO. 077, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH
CITY GIVE FOR THE CARNEGIE CENTER FOR CREATIVITY AS
DESIGNATED BY THE DONOR
WHEREAS, in 2015, the Fort Collins electorate approved the Community Capital
Improvement Program Ballot Measure, which helped to support the renovation of the City’s
Carnegie Center for Creativity (“Carnegie Center”); and
WHEREAS, renovation work on the Carnegie Center began in 2021; and
WHEREAS, the Bohemian Foundation has generously donated $200,000 to support the
renovation work on the Carnegie Center; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of renovating the Carnegie Center; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds 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 Capital
Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to
exceed the current estimate of actual and anticipated revenues and all other funds to be received
in this Fund during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state or private
grant or donation or the City’s expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein for the donation
to the Carnegie Center for Creativity as an appropriation that shall not lapse until the earlier of the
expiration of the donation or the City’s expenditure of all funds received from such donation.
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.
Page 65
Item 6.
-2-
Section 2. That there is hereby appropriated from new philanthropic revenue in the
Capital Projects Fund the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000) to be
expended in the Capital Projects Fund by the Carnegie Center for Creativity renovation project.
Section 3. That the appropriation herein of the funds donated to the Carnegie Center
for Creativity is hereby designated, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of this fiscal year but continue until the earlier of
the expiration of the donation or the City’s expenditure of all funds received from such donation.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 66
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 078, 2023, Appropriating Philanthropic Revenue Received through
City Give for Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $65,790 in philanthropic revenue received through
City Give. These miscellaneous gifts to various City departments support a variety of programs and
services and are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations supporting various departments totaling
$65,790 and these funds are currently unappropriated.
As acknowledged by Section 2.5 of the City's Fiscal Management Policy 2-Revenue approved by City
Council, the City Manager has adopted the City Give Financial Governance Policy to provide for the
responsible and efficient management of charitable donations to the City.
These generous donations have been directed by the respective donors to be used by the City for
designated uses within and for the benefit of City service areas and programs as each donation is
described in the attachment.
Page 67
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $65,790 in philanthropic revenue received through City Give for gifts to
various City departments support a variety of programs and services.
The funds have been received and accepted per City Give Administrative and Financial Policy. The City
Manager is recommending this appropriation. The City Manager has also determined that these
appropriations are available and previously unappropriated from their respective funds and will not cause
the total amount appropriated in those funds to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in those funds during fiscal year 2023.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 68
Item 7.
-1-
ORDINANCE NO. 078, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH
CITY GIVE FOR VARIOUS PROGRAMS AND SERVICES AS
DESIGNATED BY THE DONORS
WHEREAS, the City has received in 2023 twenty-seven individual philanthropic
donations of $5,000 or less and two individual donations of more than $5,000 up to $100,000,
which twenty-nine donations total $65,790, and these funds are currently unappropriated; and
WHEREAS, the donors have directed these donations to be used by the City for certain
designated uses within and for the benefit of certain City service areas as each donation is described
in Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, as acknowledged by Section 2.5 for the City's Fiscal Management Policy 2 -
Revenue approved by City Council, the City Manager has adopted the City Give Financial
Governance Policy to provide for the responsible and efficient management of charitable donations
to the City (the "City Give Policy"); and
WHEREAS, Section 52.2.C. of the City Give Policy authorizes the City Give Director to
accept donations of $5,000 or less for the City service area intended by the donor to be benefited
and Section 52.2.D. of the City Give Policy similarly authorizes the City Manager to accept
donations of more than $5,000 up to $100,000; and
WHEREAS, as so authorized, the City Give Director and City Manager have accepted for
the benefited City service areas, as applicable, the donations to be appropriated in this Ordinance
to be used as directed by each donor as described in Exhibit "A"; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds to be received during the fiscal year; and
WHEREAS, the City Manager has recommended the appropriations described in Section
2 of this Ordinance and determined that the amount of each of these appropriations is available
and previously unappropriated from the funds named in Section 2 and will not cause the total
amount appropriated in each such fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in those funds during this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds from a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state or private
grant or donation or the City’s expenditure of all funds received from such grant or donation; and
Page 69
Item 7.
-2-
WHEREAS, the City Council wishes to designate the appropriation herein for the various
City Give donations as appropriations that shall not lapse until the earlier of the expiration of the
donations or the City’s expenditure of all funds received from such donations; and
WHEREAS, these appropriations will serve the public purpose of providing additional
revenue to each of the benefited service areas to aid in accomplishing the public purposes for which
each service area is established thereby benefiting the public's health, safety and welfare.
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 the following funds these amounts
of philanthropic revenue received in 2023 to be expended as designated by the donors in support
of the various City programs and services as described in Exhibit “A”:
Cultural Services Fund $ 31,150
Capital Projects Fund $ 15,000
General Fund $ 10,250
Golf Fund $ 5,690
Transportation Services Fund $ 2,000
Recreation Fund $ 1,700
Section 3. That the appropriations herein for various City Give donations are hereby
designated, as authorized in Article V, Section 11 of the City Charter, as appropriations that shall
not lapse at the end of this fiscal year but continue until the earlier of the expiration of the donations
or the City’s expenditure of all funds received from such donations.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June 2023, and to be presented for final passage on the 20th day of June 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 70
Item 7.
-3-
Passed and adopted on final reading on the 20th day of June 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 71
Item 7.
City Give
215 N Mason Street , 2nd Floor
Fort Collins, CO 80524
970.221.6687
nbodenhamer@fcgov.com
fcgov.com
EXHIBIT A TO ORDINANCE NO. 078, 2023
3/24/23 $10,000.00 9/11 Memorial Super Vac
4/28/23 $5,000.00 9/11 Memorial Wilbur's Total Beverage
2/27/23 $5,000.00 Art in Public Places Greer Foundation
5/24/23 $25,000.00 Cultural Services, Live Music Bohemian Foundation
4/24/23 $2,000.00 FC Moves HSD Law
4/6/23 $500.00 FCPS/Explorers Santa Cops of Larimer County
4/6/23 $2,000.00 FCPS/K9 Carol and Larry Mathena
3/10/23 $5,000.00 FCPS/Safe Futures Peter Springberg
5/19/23 $250.00 FCPS/Safe Futures First United Methodist
4/30/23 $100.00 Honor Flags, Recreation Williams
4/30/23 $100.00 Honor Flags, Recreation Martinez
4/7/23 $1,000.00 Honor Flags, Recreation VFW Rocky Mountain Post 1781
4/21/23 $500.00 Honor Flags/Recreation Sertoma Club of Fort Collins
2/17/23 $100.00 Lincoln Center Lamport
2/20/23 $1,050.00 Lincoln Center Feig-Sandoval
4/24/23 $500.00 Tribute Tree, Forestry Annie & Joseph McCarthy
4/24/23 $500.00 Tribute Tree, Forestry Sylvia Cramer
3/23/23 $500.00 Tribute Tree, Forestry Cary & Tonja Rector
4/6/23 $500.00 Tribute Tree, Forestry Chase & Diane Christensen
2/23/23 $500.00 Tribute Tree, Forestry Vincent & Judy Mrstik
1/26/23 $4,240.00 Youth Golf Scholarship Fund Sheesley
3/31/23 $25.00 Youth Golf Scholarship Fund Online: Cynthia Crosby
3/31/23 $330.00 Youth Golf Scholarship Fund Online: Erika Michalski
3/31/23 $165.00 Youth Golf Scholarship Fund Online: Rebekah Harvey
3/31/23 $165.00 Youth Golf Scholarship Fund Greg Soffe
3/31/23 $330.00 Youth Golf Scholarship Fund Online: Jack Dennis
3/31/23 $165.00 Youth Golf Scholarship Fund Online: Mike Maguire
3/31/23 $20.00 Youth Golf Scholarship Fund Online: Joshua Sproul
5/11/23 $250.00 Youth Golf Scholarship Fund Online: Rebekah Harvey
Page 72
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Kyle Bendzsa, Forensic Services Unit Sergeant (Police Services)
Zack Mozer, Financial Analyst
Dawn Downs, Legal
SUBJECT
First Reading of Ordinance No. 079, 2023, Making Supplemental Appropriation from the Colorado
Division of Criminal Justice Synthetic Opiate Poisoning Investigation and Distribution Interdiction
Grant for the Fort Collins Police Services Forensic Services Unit.
EXECUTIVE SUMMARY
The purpose of this item is to support Fort Collins Police Services Forensic Services Unit work in prevention
and investigation of serious injuries and deaths caused by illegal synthetic opiate poisoning and for
disrupting synthetic opiate distribution by appropriating $255,833 of unanticipated grant revenue from the
Colorado Department of Public Safety, Division of Criminal Justice (DCJ).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
On February 2nd, 2023, Fort Collins Police Services (FCPS), Forensic Services Unit (FSU) was awarded
a grant through the Colorado Division of Criminal Justice, Office of Adult and Juvenile Justice Assistance,
HB22-1326 - Synthetic Opiate Poisoning Investigation and Distribution Interdiction Grant Program.
The intent of the Synthetic Opiate Poisoning Investigation and Distribution Interdiction Grant Program is to
provide grant funding to law enforcement agencies for the purpose of investigating deaths and serious
injuries caused by illegal synthetic opiate poisoning and for disrupting synthetic opiate supplies.
FCPS will purchase a 5-year license for GrayKey Premier, four 5-year licenses for GrayKey Reveal and
two GrayKey units.
GrayKey is a software product produced by a company named Grayshift. GrayKey can unlock a cell phone
and then extract the data contained within it which may be evidence in any criminal case. All unlocks and
extractions will be done after proper legal authority has been obtained by investigators. A GrayKey unit is
the physical interface that is used to connect a cell phone to a computer that is utilizing the GrayKey
software.
Page 73
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
This software and hardware will be utilized by the four Digital Forensic Examiners in the FSU to obtain
evidence from locked and unlocked cell phones to further investigations related to opiate poisoning and
distribution. The software can also be used for any other investigation, with proper legal authority.
With FSU’s current GrayKey license, the unit has a limited number of cell phone unlocks annually, and a
new license for these limited number of unlocks must be purchased each year, incurring an ongoing
expense to FCPS. This additional GrayKey Premier license will allow an unlimited number of unlocks each
year, for the next 5 years.
The prevention and investigation of serious injuries and deaths caused by illegal synthetic opiate poisoning
and for disrupting synthetic opiate supplies is in keeping with the Vision of FCPS, to make Fort Collins the
safest community in the nation.
The award is based on total project costs of $255,833, with one hundred percent provided by DCJ. As
presented in the Grant Agreement (provided as Attachment 2), total project costs pertain to a 5-year license
for GrayKey Premier to unlock and acquire digital data from smartphones, four 1-year licenses for GrayKey
Reveal to analyze digital data, and two GrayKey units to interface with smartphone and computer.
Pursuant to the grant application and award, this funding may only be utilized for the listed products. Project
is from April 1, 2023 through June 30, 2024.
CITY FINANCIAL IMPACTS
This item appropriates $255,833 in project costs for Fort Collins Police Services’ Forensic Services Unit
work in prevention and investigation around opiate poisoning and distribution from unanticipated grant
revenue in the General Fund from DCJ.
This grant from the DCJ is a reimbursement type grant, meaning General Fund expenses will be
reimbursed up to $255,833.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not appliable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
2. Grant Award Letter
Page 74
Item 8.
-1-
ORDINANCE NO. 079, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION FROM THE
COLORADO DIVISION OF CRIMINAL JUSTICE SYNTHETIC OPIATE POISONING
INVESTIGATION AND DISTRIBUTION INTERDICTION GRANT FOR THE
FORT COLLINS POLICE SERVICES FORENSIC SERVICES UNIT
WHEREAS, like many law enforcement agencies across the nation, over the last few years
Fort Collins Police Services (FCPS) has seen a significant rise in the use, addiction, distribution,
poisoning and deaths involving fentanyl and other highly addictive synthetic opiate narcotics; and
WHEREAS, the Colorado Department of Public Safety, Division of Criminal Justice
(DCJ), Office of Adult and Juvenile Justice Assistance, HB22-1326 - Synthetic Opiate Poisoning
Investigation and Distribution Interdiction Grant Program provides grant funding across Colorado
to support local law enforcement agencies work in prevention, disruption of distribution, and
investigation of serious injuries and deaths caused by fentanyl and other illegal synthetic opiate
poisoning; and
WHEREAS, the purpose of this item is to appropriate $255,833 of unanticipated grant
revenue from the DCJ to support FCPS Forensic Services Unit work on fentanyl and other
synthetic opiate investigations, and any other criminal investigations as needed; and
WHEREAS, GrayKey, is a software product that can unlock a cell phone and extract data
which may be used as evidence in a criminal case; and
WHEREAS, the $255,833 unanticipated grant funding will be used to purchase a 5-year
license for GrayKey Premier, four 5-year licenses for GrayKey Reveal and two GrayKey units.
WHEREAS, the FCPS Forensic Services Unit Forensic Examiners will utilize GrayKey to
assist in obtaining evidence from locked and unlocked cell phones to further investigations related
to fentanyl and opiate poisoning and distribution, and any other criminal investigation as needed;
and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves a public purpose of the prevention and investigation of serious injuries and
deaths caused by fentanyl and other illegal synthetic opiates to protect our community and hold
offenders accountable; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance at any
time during the fiscal year, provided that the total amount of such supplemental appropriation, in
combination with all previous appropriations for that fiscal year, do not exceed the current estimate
of actual and anticipated revenues and all other funds 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 General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant, that such
Page 75
Item 8.
-2-
appropriation shall not lapse at the end of the fiscal year in which the appropriation is made, but
continue until the earlier of the expiration of the federal, state or private grant or the City’s
expenditure of all funds received from such grant or donation; and
WHEREAS, the City Council wishes to designate the appropriation herein from the
Colorado Division of Criminal Justice as an appropriation that shall not lapse until the earlier of
the expiration of the grant or the City’s expenditure of all funds received from such grant.
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 new revenue or other funds in the
General Fund the sum of TWO HUNDRED FIFTY-FIVE THOUSAND EIGHT HUNDRED
THIRTY-THREE DOLLARS ($255,833) to be expended in the General Fund for the Fort Collins
Police Services Forensic Services Unit.
Section 3. That the appropriation herein of grant revenues received from the Colorado
Division of Criminal Justice is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until
the earlier of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 76
Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Page 1 of 12 Version 08.10.2021 (DCJ 04/22)
GRANT AWARD LETTER
(Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
State Agency
Department of Public Safety, Division of Criminal Justice
DCJ Grant Number
2023-FD-23-25
Grantee
City of Fort Collins
Federal Unique Entity Identifier (UEI)
Grant Issuance Date (Start Date)
The later of June 30, 2023 or the date the State Controller or an
authorized delegate signs this Grant Letter
Grant Expiration Date (End Date)
June 30, 2024
Grant Amount
Total for Fiscal Years 2023-2024: $255,833
Grant Authority (State Authority)
The Division of Criminal Justice is authorized to disburse
these funds by Colorado Revised Statute 24-33.503 and 507.
C.R.S. 24-33.5-533. Synthetic Opiate Poisoning
Investigation And Distribution Interdiction Grant Program
Grant Description
This project will be used for investigating, enforcing, and prosecuting synthetic opiate importation and high -level distribution
networks, including multijurisdictional and multistate investigations and enforcement operations, to reduce the supply of ill egal
synthetic opiates and precursor chemicals in Colorado. This grant will allow funding for the purchase of technology,
equipment, and training to enhance intelligence, information -sharing capabilities, and interagency collaboration among federal,
state, and local law enforcement partners regarding synthetic opiate importation and high -level distribution networks. This
project will be used to identify, respond to, treat, and offer support to those impacted by the opioid epidemic. Also, to address
and reduce opioid abuse and the number of overdose fatalities, as well as to mitigate the impacts on crime victims by
supporting comprehensive, collaborative initiatives.
Grant Purpose
To provide grants to law enforcement agencies for the purpose of investigating deaths and serious injuries caused by illegal
synthetic opiate poisoning and for disrupting synthetic opiate supplies.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1. Exhibit A1, Sample Option Letter.
2. Exhibit A2, Sample Grant Funding Change Letter
3. Exhibit B, Grant Requirements.
4. Exhibit C, Special Conditions.
5. Exhibit D, Statement of Work.
6. Exhibit E, Budget.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priorit y:
1. Exhibit C, Special Conditions.
2. The provisions of the other sections of the main body of this Agreement.
3. Exhibit B, Grant Requirements.
4. Exhibit D, Statement of Work.
5. Exhibit E, Budget.
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SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
______________________________________________
By: Division of Criminal Justice
Joe Thome, Director, or
Debbie Oldenettel, Deputy Director
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
Effective Date:_____________________
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04/11/2023 | 8:14:20 AM MDT
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TABLE OF CONTENTS
1. GRANT ...................................................................................................................................... 3
2. TERM ........................................................................................................................................ 3
3. DEFINITIONS .......................................................................................................................... 4
4. STATEMENT OF WORK ........................................................................................................ 6
5. PAYMENTS TO GRANTEE .................................................................................................... 6
6. REPORTING - NOTIFICATION ............................................................................................. 7
7. GRANTEE RECORDS ............................................................................................................. 7
8. CONFIDENTIAL INFORMATION-STATE RECORDS ........................................................ 8
9. CONFLICTS OF INTEREST.................................................................................................... 9
10. INSURANCE ............................................................................................................................ 9
11. REMEDIES ............................................................................................................................... 9
12. DISPUTE RESOLUTION ....................................................................................................... 10
13. NOTICES AND REPRESENTATIVES ................................................................................. 10
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 10
15. GOVERNMENTAL IMMUNITY .......................................................................................... 10
16. GENERAL PROVISIONS ...................................................................................................... 10
EXHIBIT A1, SAMPLE OPTION LETTER ........................................................................................ 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER ..................................................................... 1
EXHIBIT B, GRANT REQUIREMENTS ............................................................................................ 1
EXHIBIT C, SPECIAL CONDITIONS ................................................................................................ 1
EXHIBIT D, STATEMENT OF WORK .............................................................................................. 1
EXHIBIT E, BUDGET .......................................................................................................................... 1
1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first 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
Grant Issuance 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 in accordance with §16.D.
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 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
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in part by providing written notice to Grantee that includes, to the extent practicable, the
public interest justification for the termination. If the State terminates this Grant Award Letter
in the public interest, the State shall pay Grantee an amount equal to the total reimbursement
payable under this Grant Award Letter that corresponds to the Work satisfactorily completed,
as determined by the State, less payments previously made. This subsection shall not apply
to a termination of this Grant Award Letter by the State for breach by Grantee.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit E, Budget.
B. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
C. “CJI” means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302, C.R.S.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. “Grant Award Letter” 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.
F. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
I. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
J. “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
K. “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.
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 Grant Issuance Date and the Grant
Expiration Date.
N. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
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O. “PCI” means payment card information including any data related to credit card holders ’
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
P. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
Q. “PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
R. “Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
S. “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, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to disclose
such information; or (v) was independently developed without reliance on any State
Confidential Information.
T. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
U. “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.
V. “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.
W. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. This establishes a procurement relationship. The subcontractor provides goods or
services for the benefit of the purchaser.
X. “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of the
Work. This establishes a grant relationship. The beneficiary, not the purchaser, receives
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benefit from the work. There may be multiple tiers of subgrantees that do not include
procurement transactions.
Y. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
Z. “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 Grant Issuance 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.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E, Budget. 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.
5. 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 Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. 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. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date.
B. 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 Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to and receives approval from the State of the change, the change
does not modify the total maximum amount of this Grant Award Letter or the maximum
amount for any state fiscal year, and the change does not modify any requirements of the
Work. The State shall only reimburse allowable costs if those costs are: (i) reasonable and
necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to
the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee
that reduce the cost actually incurred).
C. Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
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defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The
State will withhold allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete.
6. 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 described in §5.C, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
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 th is
Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part
180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. 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. Grantee shall allow the State to perform
all monitoring based on the State’s risk analysis of Grantee. The State shall have the right, in
its sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a
subcontract or subgrant then Grantee shall contain provisions permitting both Grantee and
the State to perform all monitoring of that subcontractor or subgrantee.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
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8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subgrantees and 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 and all applicable laws, rules, policies, publications, and guidelines. If
Grantee or any of its Subgrantees or Subcontractors will or may receive the following types
of data, Grantee or its Subgrantees or Subcontractors shall provide for the security of such
data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the
most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant, if applicable . 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, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees 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, Subgrantees 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
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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.
E. Safeguarding PII
If Grantee or any of its Subgrantees or Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, State non-disclosure requirements, use
of appropriate technology, security practices, computer access security, data access security,
data storage encryption, data transmission encryption, security inspections, and audits.
Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and
shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. 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.
10. 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 Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantee or Subcontractor and as required by the State or the GIA.
11. 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.
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12. 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 m anager or
official designated by Grantee for resolution.
13. 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 §13.
14. 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.
15. 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 Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. 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 Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. 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.
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D. Modification
The State may modify the terms and conditions of this Grant by issuance a formal amendment
to this Agreement, properly executed and approved in accordance with applicable Colorado
State law and State Fiscal Rules. Modifications permitted under this Agreement, other than
Agreement amendments, shall conform to the policies issued by the Colorado State
Controller.
i. The State may, at the State’s discretion, issue an updated Exhibit D, Statement of
Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit A1,
Sample Option Letter to reflect changes during the fiscal year. The provisions of the
Option Letter shall become part of and be incorporated into this Grant.
ii. Grantee may terminate the grant if the Grantee cannot adhere to the approved Exhibit
D, Statement of Work and Exhibit E, Budget as updated from time to time.
iii. The State may, at the State’s discretion, use an Option Letter or Grant Funding Change
letter substantially equivalent to Exhibit A1, Sample Option Letter or Exhibit A2,
Sample Grant Funding Change Letter to modify the grant agreement. If exercised,
the provisions of the Option Letter or Grant Funding Change Letter shall become part
of and be incorporated into the grant agreement.
iv. The State may increase or decrease the quantity of goods/services described Exhibit D,
Statement of Work and Exhibit E, Budget based upon the rates established in the
Grant. If the State exercises the option, it will provide written notice to Grantee at least
15 days prior to the end of the current grant term in a form substantially equivalent to
Exhibit A1, Sample Option Letter.
v. The State may add or delete the goods/services described Exhibit D, Statement of
Work and Exhibit E, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant term in a form substantially
equivalent to Exhibit A1, Sample Option Letter.
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 Grant Issuance 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. Digital Signatures
If any signatory signs this agreement 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 Contract by reference.
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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. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973,
as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit A1 Page 1 of 1
EXHIBIT A1, SAMPLE OPTION LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Option Letter Number
Insert the Option Number (e.g. "1" for the first option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Contract
Current Agreement Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
OPTION EFFECTIVE DATE:
F. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
Option Effective Date:_____________________
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
Page 89
Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit A2 Page 1 of 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER
State Agency
Insert Department's or IHE's Full Legal Name
Grant Funding Change Letter Number
Insert the Option Number (e.g. "1" for the first option)
Contractor
Insert Contractor's Full Legal Name, including
"Inc.", "LLC", etc...
Original Grant Number
Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount
Initial Term
Grant Funding Change Letter Contract Number
Insert CMS number or Other Contract Number of this Option
State Fiscal Year 20xx $0.00
Extension Terms Contract Performance Beginning Date
Month Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Contract Expiration Date
Month Day, Year State Fiscal Year 20xx $0.00
Total for All State Fiscal Years $0.00
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever
is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:_____________________
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
Page 90
Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit B Page 1 of 2
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. DUE DATE:
I. PROJECT START:
The Grantee must submit the most recent audit or financial review, including the
corresponding management letter, to DCJ within thirty (30) days of request; and, if the
most recent audit/financial review has not already been submitted to DCJ, it must be
submitted within thirty (30) days of the start of this project.
II. PROJECT DURATION AND END:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to practice
in Colorado. The audit or financial review incorporating this grant award must be
completed and received by DCJ within nine (9) months of the end of the fiscal years that
includes the end date of the grant, or within thirty (30) days of the completion of such
audit or review, whichever is earlier. Failure to do
B. REPORT/AUDIT TYPE:
I. If your entity expended $750,000 or more in Federal funds (from all sources including pass-
through subawards) in your organization’s fiscal year (12-month turnaround reporting
period), your organization is required to arrange for a single organization-wide audit
conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§ 200.500 et seq.)
II. [NOT APPLICABLE TO SUBGRANTEES AS DEFINED IN §3.DD.
“SUBGRANTEE”] If your entity expends less than $750,000 in Federal funds (from all
sources including pass-through subawards) in your organization’s fiscal year (12-month
turnaround reporting period), your organization is required to arrange for either an audit or
financial review as follows:
1. Grantees that have revenue greater than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit.
2. Grantees that have revenue less than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. REPORT/AUDIT COSTS:
The Grantee accepts responsibility for the costs of a financial program audit to be performed by
the Department of Public Safety in the event that the audit report or financial review:
I. does not meet the applicable federal audit or DCJ standards;
II. is not submitted in a timely manner; or,
III. does not provide an audit response plan with corresponding corrections made sufficient to
satisfy any audit findings.
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit B Page 2 of 2
D. FAILURE TO COMPLY:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may
withhold award funds, or may impose other related requirements, if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by Part 200
Uniform Requirements, by the terms of this award, by the current addition of the DOJ Grants
Financial Guide, or other outstanding issues that arise in connection with audits, investigations,
or reviews of DOJ awards.
2. ADDITIONAL REPORTING REQUIREMENTS
In addition to quarterly report requirements these grant funds may have additional report
requirements. The additional reports may include, but is not limited to, reporting progress and
statistics directly into a federal Performance Management Tool (PMT).
3. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and such
records as necessary will be maintained to assure adequate internal fiscal controls, proper
financial management, efficient disbursement of funds received, and maintenance of requ ired
source documentation for all costs incurred. These principles must be applied for all costs
incurred whether charged on a direct or indirect basis.
B. All expenditures must be supported by appropriate source documentation. Only actual, approved,
allowable expenditures will be permitted.
C. The Grantee assures that it will comply with the applicable Administrative Guide of the Division
of Criminal Justice (Guide), located at the Division of Criminal Justice Grants website. However,
such a guide cannot cover every foreseeable contingency, and the Grantee is ultimately
responsible for compliance with applicable state and federal laws, rules and regulations. In the
event of conflicts or inconsistencies between the Guide and any applicable state and federa l laws,
rules and regulations, such conflicts or inconsistencies shall be resolved by applicable state and
federal laws, rules and regulations.
4. PROCUREMENT AND CONTRACTS
A. Grantee assures that open, competitive procurement procedures will be followed for al l purchases
under the grant. All contracts for professional services, of any amount, and equipment purchases
over five thousand dollars (per item, with a useful life of at least one year) must receive prior
approval by the DCJ. Grantee shall submit Form 16 – Professional Services/Consultant
Certification and/or Form 13 – Equipment Procurement Certification Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent of
the DCJ.
5. AWARD CHANGE REQUESTS
A. Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the right
to make and authorize modifications, adjustments, and/or revisions to the Contract for the purpose
of making changes in budget categories, extensions of grant award dates, changes in goals and
objectives, and other modifications as described in the body of the Contract.
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit C Page 1 of 1
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the State concerning special requirements of
law, program requirements, and other administrative requirements. These requirements apply to this
Agreement and must be passed on to subgrant award recipients.
The Synthetic Opiate Poisoning Investigation a nd Distribution Interdiction Grant Program, referred to in
this Section as the "grant program":
The intent of the grant program is to provide grant funding to law enforcement agencies for the
purpose of investigating deaths and serious injuries caused by illegal synthetic opiate poisoning and
for disrupting synthetic opiate supplies.
Funds must be utilized for the following:
Investigating deaths and serious injuries caused by illegal synthetic opiate poisoning;
Investigating, enforcing, and prosecuting synthetic opiate importation and high-level distribution
networks, including multijurisdictional and multistate investigations and enforcement operations, to
reduce the supply of illegal synthetic opiates and precursor chemicals in Colorado;
Technology, equipment, and training to enhance intelligence, information-sharing capabilities, and
interagency collaboration among federal, state, and local law enforcement partners regarding
synthetic opiate importation and high-level distribution networks;
Analyzing emergent trends in markets, including the use of the postal service, private courier,
commercial cargo, and the internet, for the import and distribution of illegal synthetic opiates
through a systematic and standardized approach, including the use of novel, high-frequency, and
real-time systems to enhance market surveillance.
Law enforcement agencies that are awarded grants under the grant program may be subject to an
audit by the state auditor to ensure that the grant money is used for the purposes articulat ed in this
section.
Agencies who are awarded a grant under the Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant Program are required to submit quarterly reports outlining
expenditures of grant funds and to report on the status of Goals and Outcomes set forth by the
grantee in the grant application. Funds shall be withheld if quarterly reports are not submitted in a
timely and complete manner.
Additional Program Specific Conditions applicable to this Agreement.
1. Grantee and all Subgrantees or Subgrants shall comply with Colorado law including, SB20-200 (CO
Secure Savings Program). https://treasury.colorado.gov/colorado-secure-savings-program
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit D Page 1 of 1
EXHIBIT D, STATEMENT OF WORK
The Statement of Work contained within the DocuSign Envelope is incorporated herein.
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Exhibit E Page 1 of 1
EXHIBIT E, BUDGET
The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein.
Unspent funds from Fiscal Year 2023, shall automatically be applied to Fiscal Year 2024 contingent on
funding availability as described in the body of this Agreement. If funding becomes unavailable DCJ
shall notify the grantee per the terms of this Agreement.
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Page 95
Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023 -FD-23-25
Exhibit D Page 1 of 3
EXHIBIT D, STATEMENT OF WORK
Project Summary
This project will be used for investigating, enforcing, and prosecuting synthetic opiate importation and high -
level distribution networks, including multijurisdictional and multistate investigations and enforcement
operations, to reduce the supply of illegal synthetic opiates and precursor chemicals in Colorado. This grant will
allow funding for the purchase of technology, equipment, and training to enhance intelligence, information-
sharing capabilities, and interagency collaboration among federal, state, and local law enforcement partners
regarding synthetic opiate importation and high-level distribution networks. This project will be used to identify,
respond to, treat, and offer support to those impacted by the opioid epidemic. Also, to address and reduce opioid
abuse and the number of overdose fatalities, as well as to mitigate the impacts on crime victims by supporting
comprehensive, collaborative initiatives.
Project Description
he Center for Disease Control (CDC) have declared the opioid abuse problem in the United States to be an
epidemic. The CDC reports that in the past 16 years, America has witnessed a four-fold increase in opioid-
related overdose deaths. Beyond that, it’s estimated that 91 Americans die every single day solely from opioid
overdoses. These statistics are an alarming indicator of a rapidly growing problem with opioid abuse. And the
problem is national too. In fact, almost all states witnessed an increase in drug overdose deaths from 2013 to
2014. Colorado is one of the many states that have felt the disastrous effects of such a rapidly growing substance
abuse problem as state opioid overdoses have also quadrupled since 2002. Beyond these numbers, the Colorado
Department of Public Health & Environment (CDPHE) released a study showing the extent to which Colorado
has been affected by the drug boom. For instance, 4.9% of Colorado residents are reported to use prescription
pain relievers outside of their intended medical applications. From 2013 to 2014 alone Colorado saw an increase
from 5.4 opioid overdoses per 100,000 to 6.1 per 100,000. Broken down even further, the number of Colorado
counties with overdose death rates above 20 per 100,000 rose from one in 2002 to an astounding twelve
counties, reflecting an overall rise in death rates in almost every Colorado county. The Colorado Health Institute
reports that Colorado’s drug death rate is higher than the national average. In fact, several of the state’s counties
have some of the highest rates of overdose deaths in the entire country. To combat this rapid and potentially
catastrophic rise in opioid-related substance abuse problems, it’s necessary to first educate yourself on what
opioids are, how they affect the body and the mind, and what makes them so addictive and dangerous. Fort
Collins is a home rule municipality that is the county seat and the most populous municipality of Larimer
County, Colorado, United States. Fort Collins is the principal city of the Fort Collins – Loveland Metropolitan
Statistical Area and is a major city of the Front Range Urban Corridor. The city is the fourth most populous city
in Colorado. Situated on the Cache La Poudre River along the Colorado Front Range, Fort Collins is located 56
miles north of the Colorado state capitol in Denver. Fort Collins is a midsize college town, home to Colorado
State University and Front Range Community College's Larimer campus. In addition to being the fourth most
populous city in Colorado, Fort Collins is the 156th most populous city in the United States. The Census Bureau
estimates that the city's population was 169,810 in 2020, an increase of 17.94% since 2010. The population of
the Fort Collins – Loveland Metropolitan Statistical Area was 310,487 (151st most populous MSA), and the
population of the Front Range Urban Corridor was 4,495,181.
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023 -FD-23-25
Exhibit D Page 2 of 3
Goals & Outcomes
GOAL 1
Goal 1: To promote a higher level of cooperation and collaboration among the agencies
located within a judicial district as well as with other agencies statewide. To
promote more direct involvement with non-participating law enforcement
organizations at all levels of government.
Outcome 1.1
Outcome: The STOP project will maintain statistics regarding the number of smartphones
seized, submitted and analyzed using the Graykey. Additionally, statistics will be
maintained regarding the outcome of cases, specifically the quantity of illicit drugs,
including opioids and Fentanyl, the arrest and sentencing results and the number of
firearms seized.
Measurement: Fort Collins Police Services (FCPS) will conduct monthly statistical reports to
evaluate the effectiveness of the project. FCPS will also collaborate with the
coroner’s office to report statistics. This proposal will go in effect immediately
upon approval of the grant and will be evaluated monthly and quarterly throughout
the 16-month project implementation.
Timeframe:
GOAL 2
Goal 2:
Outcome 2.1
Outcome:
Measurement:
Timeframe:
March 1, 2023 - June 30, 2024
To improve opioid interdiction and effectiveness of law enforcement to combat
illicit opioid use, possession, and distribution.
To conduct thorough, detailed, technically proficient and successful criminal opioid
investigations using increased digital forensic tools. Through obtaining Graykey
Unlimited and GrayKey Reveal licenses, FCPS will not be limited in number of
smartphones being processed as part of a criminal investigations. Technology
providing unlimited lock ability eliminates the prioritization of opioid related cases
by allowing them all to be investigated. Training FCPS personnel to enhance
intelligence, information-sharing capabilities, and interagency collaboration among
federal, state, and local law enforcement partners regarding synthetic opiate
importation and high-level distribution networks. Obtaining GrayKey Reveal and
receiving training on its use, investigators will be able to produce better quality
evidence in a shorter period. Training personnel in use of technology and gathering
data to allow measurement over time and degree of impact over opioid interdiction
and opioid cases will assist in collaborating with other law enforcement agencies.
Group statistical collection for monthly comparison and quarterly assessments,
including dollar value of illegal narcotics confiscated; type and value of confiscated
property, including funds, used by offenders for manufacturing and/or distribution
of illegal narcotics; and the number of felony drug arrests versus convictions.
Group training attended and case and device processing metrics which will be
compared year to year.
March 1, 2023 - June 30, 2024
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023 -FD-23-25
Exhibit D Page 3 of 3
GOAL 3
Goal 3:
Outcome 3.1
Outcome:
Measurement:
Timeframe:
To support successful prosecution of opioid related cases and exonerate persons
falsely accused in opioid related cases.
Provide thorough case files regarding possession, distribution, manufacturing, and
consumption of illicit opioids to prosecutors. Unlimited ability in unlocking
smartphones will support accessing information that supports further investigation
and the development of evidence to successfully prosecute opioid related cases.
Provide additional benefits in increasing the number of cases successfully
prosecuted, as well as increasing the capability in identifying falsely accused
persons.
Group statistical collection for monthly comparison and quarterly assessments,
including number of illicit opioid cases investigated; type of opioid related case
(possession and/or distribution and/or manufacturing and/or consumption); number
and type of cases provided to prosecutors for prosecution; number and type of
opioid case successfully prosecuted; and number of falsely identified individuals
and type of opioid-related case.
March 1, 2023 - June 30, 2024
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Budget Categories
Personnel
Supplies & Operating
Travel
Equipment
Consultants/Contracts (Professional Services)
Indirect
EXHIBIT E - BUDGET
BUDGET SUMMARY
TOTAL BUDGET
Year 1 FY23
3/1/2023 -
6/30/2023
Year 2 FY24
7/1/2023 -
6/30/2024
Total Award
Budget
$0 $0 $0
$255,833 $0 $255,833
Year 1 FY23 Year 2 FY24 Grand Total
$255,833 $0 $255,833
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
Exhibit E - Budget Page 1 of 4 Part A
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
Page 99
Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project DCJ Grant #: 2023-FD-23-25
Position Title and Name Base Salary
Base Salary to
be Paid by
Grant Funds
% To Be Paid
By Grant
Funds Fringe
Fringe to be
Paid by Grant
Funds
% To Be
Paid By
Grant
Funds
Total Base
Salary + Fringe
Total Base
Salary +
Fringe to be
Paid by Grant
Funds
OT -
Base
Salary
OT - Base
Salary to
be Paid by
Grant
Funds
OT -
Fringe
OT -Fringe to
be Paid by
Grant Funds
Total to be
Paid by Grant
Funds
(including
overtime)
N/A $0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Budget Narrative and Justification:
$0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Position Title and Name Base Salary
Base Salary to
be Paid by
Grant Funds
% To Be Paid
By Grant
Funds Fringe
Fringe to be
Paid by Grant
Funds
% To Be
Paid By
Grant
Funds
Total Base
Salary + Fringe
Total Base
Salary +
Fringe to be
Paid by Grant
Funds
OT -
Base
Salary
OT - Base
Salary to
be Paid by
Grant
Funds
OT -
Fringe
OT -Fringe to
be Paid by
Grant Funds
Total to be
Paid by Grant
Funds
(including
overtime)
N/A $0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
Budget Narrative and Justification:
$0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
$0 $0 0.00%$0 $0 0.00%$0 $0 $0 $0 $0 $0 $0
TOTAL PERSONNEL YEAR 2
PERSONNEL Year 2 FY24
PERSONNEL GRAND TOTAL
Personnel: Budget & Budget Narrative Details
Year 1 March 1, 2023 - June 30, 2023
Personnel: Budget & Budget Narrative Details
Year 2 July 1, 2023 - June 30, 2024
TOTAL PERSONNEL YEAR 1
PERSONNEL Year 1 FY23
Exhbit E - Budget Pages 2 of 4 Part B
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
Page 100
Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project
DCJ Grant #: 2023-FD-23-25
Budget Item
Amount to be
Paid by Grant
Funds Budget Narrative and Justification
GrayKey Premier $255,833 4 GrayKey Reveal 1 year user license $26,980 Software program to analyze digital data
1 GrayKey Premier Unlimited license $227,678 Software program to unlock and aquire
digital data from smartphones (includes 10% discount)
2 GrayKey Units $1,100 physical GrayKey unit to interface with smartphone and
computer
$75 GrayKey Shipping and Handling
We would pay the quoted price for all 5-years up front in a lump sum fiscal year 1
$255,833
N/A
$0
N/A
$0
N/A
$0
Non-Personnel: Budget & Budget Narrative Details
Year 1 FY23 March 1, 2023 - June 30, 2023
EQUIPMENT
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
Supplies & Operating Total
Travel Total
SUPPLIES & OPERATING
TRAVEL
Consultants/Contracts Total
Equipment Total
Exhbit E - Budget Page 3 of 4 Part C
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Grantee: Fort Collins Police Services
Project: Smartphone Tool for Opioid Prevention (STOP) Project
DCJ Grant #: 2023-FD-23-25
N/A
$0
$255,833
Budget Item Amount to be
Paid by Grant
Funds
Budget Narrative and Justification
N/A
$0
N/A
$0
N/A
$0
N/A
$0
N/A
$0
$0
$255,833
Travel Total
EQUIPMENT
TRAVEL
Total Non-Personnel - Year 1 FY23
Non-Personnel: Budget & Budget Narrative Details
Year 2 FY24 July 1, 2023 - June 30, 2024
SUPPLIES & OPERATING
Supplies & Operating Total
Indirect Total
INDIRECT (ADMINISTRATIVE ONLY)
Total Non-Personnel - Year 2
GRAND TOTAL NON PERSONNEL
Equipment Total
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
CONSULTANTS/CONTRACTS
Consultants/Contracts Total
INDIRECT
Indirect Total
Exhbit E - Budget Page 4 of 4 Part C
DocuSign Envelope ID: 288877BF-8608-4672-8FCB-A41A34740E9F
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Item 8.
Certificate Of Completion
Envelope Id: 288877BF860846728FCBA41A34740E9F Status: Completed
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Item 8.
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Item 8.
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, CDPS Contracts and Grants (we, us or Company) may be required by law to
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Parties agreed to: Debbie Oldenettel
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Item 8.
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Item 8.
i. decline to sign a document from within your signing session, and on the subsequent page,
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Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
John Phelan, Energy Services Manager
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 080, 2023, Authorizing Transfers of Appropriations for the Northside
Aztlan Resilience Hub Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate supplemental funds for the Northside Aztlan Community Center
Resilience Hub Project. Funding originally provided through Ordinance No. 113, 2020, supported the
construction of battery storage and upgraded solar equipment at the Northside Aztlan Community Center.
Project cost overruns arising from escalation, building code changes and design modifications requires
Utilities to transfer $60,000 from the Utilities Energy Services budget to supplement the Northside Aztlan
Resilience Hub capital project budget. This funding transfer utilizes anticipated underspend of lapsing
funds to accomplish an objective consistent with the purpose of the project. The project also received
$200,000 in funding from the Colorado Department of Local Affairs.
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Northside Aztlan Resilience Hub Project supported the construction of battery storage and upgraded
solar equipment at the Northside Aztlan Community Center to allow the facility to function as a resilience
hub during community emergencies. Circumstances presented by COVID-19 and nearby fire events
demonstrated the need for and viability of incorporating enhanced resilience, efficiency, and innovation
services to the community. The project was funded via a $200,000 grant from the Colorado Department of
Local Affairs (DOLA), $25,000 from the Keep Fort Collins Great Fund and $200,000 of matching funds from
Fort Collins Utility Services. The City resourced the original $200,000 in matching funds for this project
from the 2020 Energy Services budget (originally appropriated in the Light and Power Fund Operations
Budget), available as a result of underspend due to the COVID-19 pandemic. Transfer of the underlying
appropriation occurred by Ordinance No. 113, 2020 (attachment 2).
The key outcome of this project is that in the case of a community emergency in which the electric grid
cannot deliver power, the new battery system at Northside Aztlan Community Center can power a sufficient
level of lighting, ventilation and plug loads so that the facility can be used as a resilience hub to coordinate
centralized resource distribution and services for community members. The new battery system passed
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Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
final testing on May 1, 2023, and has been operating since. The new battery and enhanced solar system
also provide benefits to the facility by reducing monthly energy charges through the generation of
renewable energy and offset of electric demand and can further be used to by Utilities for electric
distribution system benefits. Together, these three outcomes (community resilience, lower facility bills,
electric distribution operations) demonstrate capabilities expected to be widely deployed in the community
to achieve Our Climate Future goals.
The project cost was originally estimated at $425,000. However, circumstances generated project design
changes, incurring a final cost of $481,389 which has been invoiced in accordance with requirements of
the DOLA grant. The following factors and design changes were required to complete the project:
COVID-19 pandemic forced an extension of the DOLA grant and produced inflationary cost escalations.
Changes to the Fire Code and existing building construction elements required moving the battery
system outside the Northside Aztlan structure to a separate container/building.
The updated Fire Code required extensive enhancement to the originally proposed fire suppression
system.
City land use rules required completing a Minor Amendment application and review process to allow
construction of the container/building.
Additional project management costs arising from supply chain delays and project timeline extensions
related to battery container design, permitting, purchase, installation, security, and landscaping.
CITY FINANCIAL IMPACTS
The proposed $60,000 of funding will use unencumbered lapsing funds in the 2023 Energy Services
budget. These supplemental funds for the project are consistent with the goals and purposes for which that
money was originally appropriated, namely to enhance grid flexibility and reduce greenhouse gas
emissions. The transferred funds will be encumbered into the non-lapsing grant funded project budget,
therefore there would be no net impact to the Light & Power Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff presented this project to the Energy Board on September 10, 2020, concurrent with Council’s
consideration of Ordinance No. 113, 2020.
PUBLIC OUTREACH
Public outreach is planned to take the form of an educational placard and various media postings to raise
awareness of this innovative demonstration and the value it provides to the community on both a daily
basis as well as the important resiliency support functions for the community.
ATTACHMENTS
1. Ordinance for Consideration
2. Ordinance No. 113, 2020
Page 109
Item 9.
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ORDINANCE NO. 080, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
NORTHSIDE AZTLAN RESILIENCE HUB PROJECT
WHEREAS, through Ordinance No. 113, 2020, City Council approved and appropriated
funds to support construction of battery storage and upgraded solar equipment at the Northside
Aztlan Community Center to function as a resilience hub during community emergencies (the
“Northside Aztlan Resilience Hub Project”), to be overseen by Utilities Energy Services; and
WHEREAS, the project was funded through a $200,000 grant from the Colorado
Department of Local Affairs, $25,000 from the Keep Fort Collins Great Fund; and $200,000 of
matching funds from Fort Collins Utility Services; and
WHEREAS, project cost overruns due to materials cost escalation, building and fire code
changes, and related design modification requirements exceeded the anticipated project budget,
requiring additional local funding to satisfy project invoices; and
WHEREAS, City Council authorized expenditures in the 2023 Electric Utility enterprise
fund (“Light & Power Fund”) Operations Budget for various Energy Services division purposes,
portions of which lapsing funds remain unexpended and unencumbered; and
WHEREAS, to ensure that all expenses for the Northside Aztlan Resilience Hub Project,
regardless of funding source, are accounted for collectively as part of the Northside Aztlan
Resilience Hub Project, the $60,000 of previously appropriated funds in the Light & Power Fund
Operations Budget, should be transferred to the Northside Aztlan Resilience Hub Project within
the Light & Power Fund Project Budget; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by 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 $60,000 from the Light &
Power Fund Operations Budget to the Light & Power Fund Project Budget and determined that
the purpose for which the transferred funds are to be expended remains unchanged; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project such as the Northside
Aztlan Resilience Hub Project, that such appropriation shall not lapse at the end of the fiscal year
in which the appropriation is made, but continue until the completion of the Northside Aztlan
Resilience Hub Project; and
WHEREAS, the transfer described in this Ordinance 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 Northside Aztlan Resilience Hub as a community emergency resource
center ahead of the next pandemic or emergency; and
WHEREAS, the proposed transfer also continues the original utility purposes advanced by
accepting the 2020 DOLA grant funds and Keep Fort Collins Great monies to complete the
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Item 9.
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Northside Aztlan Resilience Hub project, namely to 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 Light & Power
Fund during the next pandemic or emergency; and
WHEREAS, the City Council wishes to designate the appropriation herein for the
Northside Aztlan Resilience Hub Project as an appropriation that shall not lapse until the
completion of the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the unexpended and unencumbered appropriated amount of SIXTY
THOUSAND DOLLARS ($60,000) is authorized for transfer in the Light & Power Fund
Operations Budget to the Light & Power Fund Project Budget and appropriated therein to be
expended for the renovation of the Northside Aztlan Resilience Hub Project.
Section 3. That the appropriation herein for the Northside Aztlan Resilience Hub
Project is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the completion of
the project or the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Page 111
Item 9.
Page 112Item 9.
Page 113Item 9.
Page 114Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Sr. Revenue Manager
Ryan Malarky, Legal
SUBJECT
Items Relating to Sales Tax Code Updates.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 081, 2023, Amending Article VIII, Article XI and Article XIV of Chapter
15 of the Code of the City of Fort Collins Relating to Pawnbrokers, Secondhand Dealers, and Outdoor
Vendors.
B. First Reading of Ordinance No. 082, 2023, Amending Article III of Chapter 25 of the Code of the City
of Fort Collins Relating to Sales and Use Tax.
The purpose of Ordinance A is to amend Chapter 15 of the City Code to include annual renewal dates for
pawnbroker and secondhand dealer licenses, to create exemptions from secondhand dealer regulation for
flea markets and secondhand furniture stores, and to restrict mobile food truck vendors and pushcart
vendors from operating on the renovated portion of Linden Street.
The purpose of Ordinance B is to amend Chapter 25 of the City Code concerning sales and use tax. The
updates to Chapter 25 include clarifying the process for a taxpayer to obtain a refund or credit for
overpayment of tax discovered in an audit, updating licensing to align with Senate Bill 22-032, and the
time period that a business relocating to Fort Collins will owe use tax on items brought into the City that
were purchased while a nonresident.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
The various Code changes being requested are as follows:
CHAPTER 15, ARTICLE VIII - Pawnbrokers
Annual License Fee
City Code Section 15-263 establishes the fee for an annual license and requires an application for such
license. City staff recommends the section be amended to include a specific expiration date for pawnbroker
licenses to be December 31st. This allows for the tracking and the renewal process to be automated
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Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
through the sales tax online portal and effectively decreases the amount of staff time spent monitoring
pawnbroker businesses for renewal.
CHAPTER 15, ARTICLE XI - Secondhand Dealers
Definitions
City Code Sections 15-316, 15-317, 15-318, 15-322, 15-323 and 15-327 include regulatory requirements
specific to flea markets and/or dealers of secondhand property. Within the Definitions section of Chapter
15, Article XI, City staff recommends creating an exemption from regulatory requirements for flea markets
and to amend the Code to make clear that secondhand furniture stores are not considered secondhand
dealers. Fort Collins Police Services determined that regulating these types of stores is not necessary.
There has not been a reported incident or area of concern at any flea market or secondhand furniture store
and the cost of City staff time and effort to monitor and license these types of stores can now be spent on
other areas of need.
City staff is further recommending that other regulatory requirements specific to flea markets be removed,
and another revision to records retention for tax purposes, the latter of which is properly characterized as
a “clean-up” revision.
License Required, Annual Fee
City Code Section 15-317 establishes that secondhand dealers are required to obtain an annual license.
City staff recommends amending secondhand dealer license expiration dates to be the same for all
secondhand dealer businesses to December 31st of each year. This allows for the license tracking and
the renewal process to be automated through the sales tax online portal and decreases the amount of staff
time spent monitoring these businesses for renewal.
CHAPTER 15, ARTICLE XIV
Sec. 15-387. - Restrictions on Mobile Food Truck Vendors and Pushcart Vendors on Linden Street.
City Code Section 15-387 imposes license and other regulatory requirements on outdoor vendors. Outdoor
vendors include mobile food truck vendors and pushcart vendors that serve food. City staff recommends
the Code be amended to make clear that mobile food truck vendors and pushcart vendors be restricted
from vending in the new parallel parking spaces on the portion of Linden Street in downtown between
Walnut Street and Jefferson Street. The City completed renovation of Linden Street in 2022 into a
convertible space that would allow for pedestrian gathering space during special events. The renovation
included the conversion of diagonal parking spaces to parallel parking spaces. Under the current
regulations, mobile food truck vendors and pushcart vendors are permitted to vend on streets in non-
neighborhood zones where parallel parking is allowed. The City did not intend for such vendors to utilize
the parallel parking spaces, and therefore, a change to the Code is warranted.
CHAPTER 25, ARTICLE III
Exception from Sales/Use Tax License for Remote Sellers
City Code Sec. 25-91 establishes the requirement that those engaged in the business of retail sales of
tangible personal property and taxable services must obtain a sales/use tax license. In the 2022 session,
the General Assembly passed Senate Bill 22-032, which places a requirement on the Colorado Department
of Revenue in administering the state’s electronic sales and use tax simplification system (SUTS). The
requirement is that the Dept. of Revenue collect information from retailers that do not have a physical
presence within a local taxing jurisdiction or have only an incidental physical presence within a taxing
jurisdiction so that the local jurisdiction can alleviate the retailer of the requirement to have a local sales/use
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Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
tax license. The intent of the bill was to streamline the imposition, collection, and administration of sales
and use taxes by local jurisdictions.
City staff recommends adding an exception to the City’s sales/use tax license requirement to align with SB
22-032. City staff recommends to not require a sales and use tax license for remote sellers that have only
an economic nexus with the City, as compared to a physical nexus. The City would issue such businesses
an account for City staff to track payment but would not require such businesses to have a City license.
Creation of Explicit Process for Refund or Credit of Tax Overpayment during Audit
City Code Sec. 25-186(c): City staff recommends adding the treatment of tax overpayments determined
through audit. Currently, taxpayers have no recourse if an audit determines an overpayment because the
statute of limitations for submitting a refund claim would have expired in most audit circumstances. Staff
recommends sending a notice of overpayment to the taxpayer that serves as documentation for a claim
for refund if the taxpayer signs and submits the claim within 30 days of the notice.
Clarification of the Use Tax Exemption for Property Purchase Outside the City
City Code Sec. 25-74(b) establishes exemptions from the City’s use tax. Subsection (b)(4) establishes a
limited exemption for property that is either brought into the City temporarily by a nonresident or that is
purchased prior to the owner becoming a resident of the City. City staff recommend revising this section
into two sections. The first would retain the exemption for property temporarily brought into the City by
nonresidents. The second would retain, but clarify, the exemption for property purchased outside the City
but brought into the City by a resident to better define a timeframe when property is subject to use tax.
CITY FINANCIAL IMPACTS
Not applicable.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1.Ordinance A for Consideration
2.Ordinance B for Consideration
Page 117
Item 10.
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ORDINANCE NO. 081, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VIII, ARTICLE XI, AND ARTICLE XIV OF CHAPTER 15 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO PAWNBROKERS,
SECONDHAND DEALERS, AND OUTDOOR VENDORS
WHEREAS, Chapter 15, Articles VIII and XI of the City Code address the regulation and
licensure of dealers of second property within the city, which includes flea markets and
pawnbrokers; and
WHEREAS, Fort Collins Police Services (“FCPS”), in collaboration with City staff
responsible for the administration of such matters (collectively, “City staff”), has identified that
regulation is not warranted for flea markets and stores selling secondhand clothing, shoes, or
furniture; and
WHEREAS, City staff bases its determination on the fact that there has never been a
reported criminal or regulatory incident or violation at any flea market or secondhand clothing or
furniture store within the City; and
WHEREAS, City staff recommends that flea markets and secondhand clothing, shoes, and
furniture stores be excluded from the regulatory requirements for secondhand dealers in the interest
of conserving the staff time and City resources that would otherwise go to administering such
regulations; and
WHEREAS, in addition, City staff recommends that an expiration date be set for annual
licenses for secondhand dealers and pawnbrokers to increase administrative efficiency and reduce
the time and resources needed to track licenses with varying expiration dates; and
WHEREAS, Chapter 15, Article XIV addresses the regulation of outdoor vendors within
the city, which includes mobile food trucks and pushcart vendors; and
WHEREAS, the Code allows that mobile food truck vendors and pushcart vendors may
vend on streets in locations in non-neighborhood zone districts where parallel parking is allowed;
and
WHEREAS, on August 26, 2022, the City completed the renovation of Linden Street
between Jefferson Street and Walnut Street into a convertible street that can be closed to vehicular
and bicycle traffic and transformed into a pedestrian gathering space during special events; and
WHEREAS, the renovation included the conversion of the diagonal parking spaces to
parallel parking spaces; and
WHEREAS, it was not the City’s intention in renovating Linden Street to allow for mobile
food truck vendors or pushcart vendors on the renovated section; and
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Item 10.
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WHEREAS, City staff is recommending that the Code be amended to prohibit mobile food
truck vendors and pushcart vendors from operating on the renovated portion of Linden Street to
conform the regulations to the City’s intent and to maintain an appropriate distance from such
vendors and the brick and mortar food establishments in the area, which suffered negative
consequences as a result of the two-year reconstruction of Linden Street; and
WHEREAS, City staff’s recommendation is to allow for such vendors on Linden Street as
part of a licensed special event or as a concessionaire of the City; and
WHEREAS, the City Council hereby finds that amending the City Code as proposed in
this Ordinance is in the best interests of the City and its taxpayers and promotes the health, safety,
and welfare of the community by providing for the reduction in regulatory burden on certain
secondhand dealers where such regulation is not warranted and also by providing for the
appropriate use of the renovated portion of Linden Street.
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 15-263 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-263. Annual license fee.
The annual license fee for carrying on the business of pawnbroking shall be three hundred dollars
($300.), which shall be submitted together with an application for such license to the Finance
Officer. Said license fee is nonrefundable, unless the application is denied. Annual licenses shall
expire on December 31st of each year, and a business must apply to renew its license no later than
forty-five (45) days before the expiration date.
Section 3. That Section 15-316 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-316. Definitions.
. . .
Secondhand dealer shall mean any person who operates any portion of his or hertheir business to
buy, accept on consignment, sell or barter secondhand property; and any owner or operator of a
flea market, provided, however, that this definition and the terms of this Article shall not apply to
the following:
. . .
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(6) A flea market or Aan individual vendor renting a booth or space in a flea market,
except that each individual vendor shall be subject to the requirements in § 15-327.; and
. . .
Secondhand property shall mean the following items of tangible personal property previously
owned and used by another person:
. . .
(6) Any item of tangible personal property which is marked with a serial or
identification number and the selling price of which is thirty dollars ($30.) or more, except
motor vehicles, ranges, stoves, dishwashers, refrigerators, garbage disposals, airplanes,
clothes washers, freezers, mobile homes, and nonprecious scrap metal and furniture.
Section 4. That Section 15-317 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-317. License required; annual fee.
(a) It shall be unlawful for any person, owner or operator of a flea market to engage in the
business of secondhand dealing except as provided in and authorized by this Article and without
first having obtained a license from the Financial Officer. Such license shall be kept current at all
times, and failure to maintain a current license shall constitute a violation of this Section.
(b) The annual license fee for carrying on the business of secondhand dealing shall be one
hundred dollars ($100.), which shall be submitted together with an application to the Financial
Officer. Said license fee is nonrefundable, unless the application is denied. Annual licenses shall
expire on December 31st of each year, and a business must apply to renew its license no later than
forty-five (45) days before the expiration date.
Section 5. That Section 15-318 of the Code of the City of Fort Collins is hereby
amended by the deletion of Subsection (f) in its entirety.
Sec. 15-318. Application for secondhand dealer license; renewal; limitation on use; appeals.
. . .
(f) With respect to flea markets, an owner or operator licensed under this Article shall provide,
with each application for a new or renewal license, keep a list of all persons renting a booth or
space in the flea market, along with such person's date of birth, address and driver's license or other
identifying number. With each application for a renewal license, an An owner or operator shall
provide a list of all persons who have rented a booth or space in the flea market at any time since
the owner or operator last applied for a license, together with such person's date of birth, address
and driver's license or other identifying number and the dates such person rented space at the flea
market. In addition, the flea market owner or operator shall keep a list upon the licensed premises,
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open and available for inspection by the City during business hours, of all persons currently renting
a booth or space in the flea market, along with such person's date of birth, address and driver's
license or other identifying number, and the dates such person rented space at the flea market.
Section 6. That Section 15-322 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-322. Records for sales tax collection for flea market sales.
(a) Every secondhand dealer or any person who is a dealer of new goods who is a retailer and
sells such goods at a flea market or similar facility or any nonpermanent location shall keep and
preserve suitable records of consignments, barters or sales made and such other books or accounts
as may be necessary to determine the amount of tax for the collection of which the dealer is liable
under Title 39, Article 26, Part 1, C.R.S local, state, or federal law.
(b) It is the duty of every such person to keep and preserve for a period of three (3) years all
invoices of goods and merchandise purchased for resale. All such books, invoices and other
records shall be open for examination at any time by the Executive Director of the State
Department of Revenue, said Director's Financial Officer, their duly authorized agents or any
peace officer.
(c) In the case of flea markets and similar facilities in which secondhand property is offered
for sale, on consignment or barter, the operator thereof shall inform each secondhand dealer of the
requirements of this Article and shall provide the form for recording the information required by
§ 15-320.
(d) In the case of flea markets and similar facilities in which secondhand property is offered
for sale, consignment or barter, the operator thereof shall record the name and address of each
secondhand dealer offering secondhand property for sale, consignment or barter at the flea market
or similar facility, and the identification number of such dealer as obtained from any of the forms
of identification enumerated in Paragraph 15-320(5). Such record shall be mailed or delivered by
the operator to Police Services within three (3) days of the date the secondhand dealer offered
secondhand property for sale, consignment or barter at the flea market or similar facility. A copy
of such record shall be retained by each secondhand dealer offering secondhand property for sale,
consignment or barter at the flea market or similar facility.
Section 7. That Section 15-323 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-323. Notice; penalties.
Except in the case of flea markets and similar facilities as provided in this Article, everyEvery
secondhand dealer shall conspicuously post a notice to be provided by Police Services in a place
clearly visible to all buyers and barterers which sets forth the provisions of this Article and of
Sections 18-13-114 through 18-13-116, C.R.S., and which sets forth the penalties for violating
such sections and for violating Section 18-4-410, C.R.S., concerning theft by receiving. Such
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notification shall include information to the effect that stolen property may be confiscated by any
peace officer and returned to the rightful owner without compensation to the buyer. Said notice
may also include information regarding any reimbursement policy of the dealer. In the case of flea
markets and similar facilities, the operator shall post the notice required by this Section in such a
manner as to be obvious to all persons who enter the flea market or similar facility.
Section 8. That Section 15-327 of the Code of the City of Fort Collins is hereby deleted
in its entirety and the remaining section be renumbered accordingly.
Sec. 15-327. Information required/false information.
It shall be unlawful for a vendor renting or using a space or booth in a flea market to fail to provide
his or her name, address, date of birth, driver's license number and other identifying numb er to a
flea market operator who requests such information pursuant to Subsection 15-318(f) or to provide
false identifying information to such operator.
Section 9. That Section 15-381 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition “Linden Street” which reads in its entirety as follows:
Sec. 15-381. Definitions.
Linden Street shall mean that portion of Linden Street bounded on the south by the northern edge
of the Walnut Street right-of-way and on the north by the southern edge of the Jefferson Street
right-of-way.
Section 10. That Section 15-387(p) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-387. Restrictions and operation.
. . .
(p) The following additional requirements shall apply to particular types of outdoor vendor
licenses, as specified:
(1) Mobile food truck vendors shall:
a. Vend only on lots in non-neighborhood zone districts or on streets in
locations in non-neighborhood zone districts where parallel parking is allowed,
excluding Linden Street as defined in this Article except where permitted as part of
licensed special event under Chapter 23.5 of this Code or as a concessionaire of the
City;
. . .
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(2) Pushcart vendors shall:
a. Vend only on lots in non-neighborhood zone districts or on streets in
locations in non-neighborhood zone districts where parallel parking is allowed,
excluding Linden Street as defined in this Article except where permitted as part of
licensed special event under Chapter 23.5 of this Code or as a concessionaire of the
City;
. . .
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
Passed and adopted on final reading on this 20th day of June, 2023.
____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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ORDINANCE NO. 082, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 25 OF THE CODE OF THE CITY OF
FORT COLLINS RELATING TO SALES AND USE TAX
WHEREAS, Article XX, Section 6(g) of the Colorado Constitution grants to the City of
Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes for
municipal purposes, subject to any limitations in the Colorado Constitution; and
WHEREAS, on November 16, 1967, the City Council, in the exercise of its home rule
taxing powers, adopted Ordinance No. 058, 1967, to levy, collect, and enforce beginning on
January 1, 1968, a sales and use tax on the purchase of tangible personal property sold at retail in
the City and on certain taxable services provided in the City (the “Sales and Use Tax Code”); and
WHEREAS, the Sales and Use Tax Code is currently found in Chapter 25, Article III of
the City Code, which has been significantly amended many times since its adoption in 1967; and
WHEREAS, City staff has reviewed the Sales and Use Tax Code and has recommended
revisions to it to clarify an exemption from use tax for property purchased outside the city and to
create an explicit process by which a taxpayer can claim a refund or credit resulting from an
overpayment of tax discovered during an audit; and
WHEREAS, City staff has also recommended a change to the sale and use tax license
requirements to conform to Senate Bill 2022-032 regarding the simplification of local licensing
requirements in coordination with the Department of Revenue’s administration of the state sales
and use tax simplification system; and
WHEREAS, City Council hereby finds that amending the City Code as proposed in this
Ordinance is in the best interests of the City and its taxpayers and promotes the health, safety and
welfare of the community by providing for the accurate and efficient imposition, collection, and
enforcement of the City’s taxes.
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 25-74 of the Code of the City of Fort Collins is hereby
amended by the amendment of Subsection (4) and the addition of a new Subsection (5) to read as
follows, with the remaining Subsections renumbered accordingly:
Sec. 25-74. Imposition of the use tax and exemptions.
. . .
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(b) Transactions and items exempt from the use tax. The use, storage, distribution or
consumption in the City of the following are hereby exempted from the use tax:
. . .
(4) Tangible personal property brought into the City by a nonresident for that person’s
own use, storage, distribution or consumption while temporarily in the City, and the tangible
personal property of a resident if such property was purchased prior to becoming a resident of the
City;
(5) Tangible personal property that is first used, stored, consumed or distributed within
the City more than one (1) year after the most recent sale of the property if, within the year
following such sale, the property has been used in a significant way outside the City for the
principal purpose for which it was most recently purchased. This exemption shall not apply to:
(a) construction equipment, tools, and machinery;
(b) construction materials;
(c) vehicles that are capable of moving themselves, or of being moved from
place to place upon wheels or endless tracks, excluding bicycles and other devices
moved by human power; and
(d) farm machinery and farm machinery parts used in farming operations, but
not farm machinery parts installed on farm machinery in the City. Trucks having a
manufacturer’s rated capacity of one (1) ton or less shall not be considered farm
machinery;
. . .
Section 3. That Section 25-91 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-91. Sales/use tax license required.
(a) Except as provided in § 25-97 or in this Section, no person shall engage in the business of
selling at retail tangible personal property and taxable services subject to the tax imposed by this
Article without first having obtained a license therefor, which license shall be granted and issued
by the Financial Officer and shall be in full force and effect until revoked.
(b) Except as provided in § 25-97 or in this Section, no person shall use, store, distribute or
consume any tangible personal property or taxable services subject to the tax imposed by this
Article without first having obtained a license therefor, which license shall be granted and issued
by the Financial Officer and shall be in full force and effect until revoked.
. . .
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(e) The requirement to obtain a license under Subsections (a) and (b) shall not apply to a person
identified therein who either does not have a physical presence in, or has only an incidental
physical presence, in the city as defined in C.R.S. § 39-26-802.9(2)(c) and (e), who has a state
standard retail license, and who remits tax to the City through the state electronic sales and use tax
simplification system.
Section 4. That Section 25-186 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-186. Failure to make return; estimate of taxes; notices; appeal; audit.
. . .
(c) The Financial Officer may at any time within three (3) years of the date a tax is due, serve
upon any taxpayer personally, by first-class mail or certified mail directed to the last address of the
taxpayer on file with the City, or by electronic mail directed to the last such address on file with
the City, a written notice of audit notifying the taxpayer that the Financial Officer will be
conducting an audit of the taxpayer's books and records to determine the exact amount of any tax,
penalty, interest, collection costs and other charges due. Within thirty (30) days of the date such
notice is mailed or within such longer time period as permitted by the Financial Officer, the
taxpayer shall make available to Financial Officer all of the taxpayer's relevant books and records
requested by the Financial Officer for the audit. If as a result of the audit the Financial Officer
determines the taxpayer owes the City any additional tax, penalties, interest, collection costs or
other charges under this Article, the Financial Officer shall serve upon the taxpayer a notice of
determination, assessment and demand for payment for such tax deficiency as provided in
paragraph (b) above and payment shall be due and payable twenty-one (21) days from the date
such notice is mailed. If as a result of the audit the Financial Officer determines the taxpayer has
overpaid tax to the City, the Financial Officer shall serve upon the taxpayer a notice of
overpayment. Taxpayer must sign and submit the notice back to the Financial Officer within thirty
(30) days from the date such notice is mailed to be entitled to a refund or credit in the amount of
the overpayment.
. . .
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2022, and to be presented for final passage on the 20th day of June, 2022.
____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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Passed and adopted on final reading on this 20th day of June, 2023.
____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
Page 127
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Jim Byrne, Director of Emergency Management
Elodie Vigneron, Special Events Specialist
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 083, 2023, Amending Chapter 23.5 of the Code of the City of Fort
Collins Regarding Special Events.
EXECUTIVE SUMMARY
The purpose of this item is to update the City Code regarding special event permitting so that it aligns with
current standards and practices. The majority of the changes are related to administrative tasks, such as
fees, timelines, and permitting authorities. The amendment also includes allowing most of those changes
to be handled at the administrative level, with City Manager approval, without coming back to City Council
for every change.
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2015 a dedicated special event coordinator position was created to centralize permitting efforts across
City departments. In 2018, the first substantial City Code update since 1987 was completed, formalizing
the model used today. This model is not just an industry standard, but the City of Fort Collins is recognized
as a leader in this area. A robust online permit application tool was developed by the City of Fort Collins
and a software company. It is now used by jurisdictions, large and small, across the country.
In 2021, special event permitting was moved to Emergency Preparedness and Security (EPS) in
recognition of the overlapping resources and planning efforts used for event permitting, emergency
management, and security programming. It is a very unique model. The requested Code amendments are
a result of changes made, and lessons learned, since 2018. An example would be an event that was
permitted in 2018. Police Services was not paid $7,000 by a promoter, yet the City Code at that time did
not allow the City to keep a $5,000 deposit paid to Parks for the same event.
The proposed updates to Chapter 23.5 addresses administrative changes since the last Code update in
2018. Changes and updates include:
A requirement that any past-due amounts owed for previous events; permit fees, balances for
services provided, or other related costs, must be paid in full or a new permit application can be
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
restricted or denied, and allows for one deposit for the estimated cost of all services required,
instead of multiple deposits across City departments.
Creating a 30-day deadline from final invoice of services for payment. This lines up with consistent
schedules and practices across the City.
Adding permitting authority for commercial film production through EPS, focusing on public right-
of-way and City properties including some reasonable timelines for advance notification.
Changing the permitting authority for special events to the EPS office and other City staff
designated responsible for permit review as coordinated through EPS, including allowing
Neighborhood Services to issue permits for block parties.
Making the Director of EPS, or a designee, responsible for reviewing and issuing event permits.
Clarifying that permits are issued within five business days after the applicant submits a properly
completed application, only if all of the required criteria have been met, including payment of all
fees and deposits.
Expanding language pertaining to what defines grounds for the denial of an application to include
things like disruption to the usual activities in the area surrounding the event, not just traffic
congestion, or burdening the City’s ability to meet its demand for services beyond just emergency
services, or failure to provide and adhere to an approved traffic safety plan.
Permits can also be denied if the event is dependent on City resources or staff that cannot be
provided for operational purposes.
Allowing either EPS or Police Services to revoke a permit, before or during the event, for safety
reasons or failure to meet the terms and conditions of the permit.
CITY FINANCIAL IMPACTS
Not applicable.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
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ORDINANCE NO. 083, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 23.5 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING SPECIAL EVENTS
WHEREAS, on April 21, 1987, the City Council adopted Ordinance No. 018, 1987,
establishing standards for issuing City permits for special events on City property; and
WHEREAS, the Special Event Coordinator position was created in 2015 to facilitate and
coordinate the issuance of special event permits by various City departments and provide a central
point of contact for event producers, citizens, businesses, and City staff seeking information or
guidance about special events; and
WHEREAS, the special events provisions in Chapter 23.5 of the City Code were last
updated in 2018 by the City Council’s adoption of Ordinance No. 018, 2018; and
WHEREAS, since 2021 coordination of special events has become the responsibility of the
Emergency Preparedness and Security (EPS) office, and a new Special Events Coordinator was
hired; and
WHEREAS, EPS staff has done a thorough review of Chapter 23.5 and recommends that
it be amended to do the following:
Add requirements specifically for commercial film productions;
Define a “Permitting Authority”, instead of a Coordinator, which may be more than one
person designated by the Director of Emergency Preparedness and Security to review and
coordinate permit applications and notices;
Allow the Neighborhood Services department to accept applications and issue permits for
block parties;
Require payment of a deposit for City services at the time of filing a special event permit
application and condition issuance of a new permit on payment of any past-due amounts
from prior permits;
Better define the potential grounds for denial of an application; and
Change existing references to “streets or sidewalks” to “public right-of-way;” and
WHEREAS, the City Council finds that festivals, parades, and other special events
contribute to the unique character of Fort Collins; and
WHEREAS, special events can impact public safety and the flow of pedestrian and
vehicular traffic, and the public event permit application process allows public safety personnel
and the staff of other impacted City departments the ability to plan and manage personnel and
resources for special events as well as the everyday needs of City residents; and
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WHEREAS, the City Council has determined that the proposed amendments are in the best
interests of the City and its citizens.
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 23.501 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-1. Purpose.
This Chapter establishes the requirements for special events, commercial film productions,
parades, block parties, and demonstrations in the City. Unless expressly stated herein, the
requirements of this Chapter do not replace or substitute for other permitting requirements that
may apply to activities held on public properties as may be set forth in other chapters of this Code.
Section 3. That Section 23.5-2 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-2. Definitions.
. . .
Commercial film production shall mean a video and audio recording event conducted by a paid
professional crew, with or without actors, sets, or props. Commercial film production shall not
include crews of three (3) or fewer persons.
. . .
Demonstration shall mean a rally, picketing, speechmaking, march, vigil, religious service or any
similar gathering that primarily involves the communication or expression of views or grievances,
engaged in by more than one person, that occurs on a street or highway, including sidewalkspublic
right-of-way, or on a City-owned outdoor mall or plaza, or on other property owned or leased by
the City, which activity does not comply with traffic laws and controls or which may, in the
reasonable judgment of the Coordinator Permitting Authority or the service area director
responsible for administration of the subject property, obstruct, delay or interfere with the normal
activities, operations or flow of pedestrian or vehicular traffic on the property or which may create
a significant risk of injury to the general public or participants in the activity.
. . .
Parade shall mean a march or procession not primarily involving the communication or expression
of views or grievances, consisting of persons, animals or vehicles, or combination thereof, on any
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street or highway, including sidewalks public right-of-way, which obstructs, delays or interferes
with the normal flow of pedestrian or vehicular traffic or does not comply with traffic laws or
controls.
. . .
Permittee shall mean any person or organization who has been issued an event permit by the
Coordinator Permitting Authority.
Permitting Authority shall mean the Director of Emergency Preparedness and Security or such
other City staff persons responsible for the review of a permit application or notice filed under this
Chapter, coordinating City service area responses to such application or notice, and issuing a
special event permit for an event as authorized by the Director of Emergency Preparedness and
Security, or their designee for the exercise of this authorizing role. For the purpose of accepting
and reviewing applications and notices for block party permits, and issuing, denying or revoki ng
such permits, pursuant to the requirements of this Chapter, Permitting Authority may instead mean
the Manager of the Neighborhood Services Department or their designee, or another person or
department, if the City Manager has so designated.
. . .
Public right-of-way shall mean the entire width of public streets, highways, sidewalks, alleys and
parking spaces.
Special event or event shall mean a block party, parade, street fair, festival, outdoor concert, art
and craft show, carnival, fun run or walk, bike ride or race or foot race, commercial film
production, or other outdoor event which is not a demonstration as defined in this Section, that
occurs on a street or highway, including sidewalks, public right-of-way or on a City-owned plaza
or park, or on other property, including private property and property owned or leased by the City,
which event does not comply with traffic laws and controls or which may, in the reasonable
judgment of the Coordinator Permitting Authority or the service area director responsible for the
administration of any City affairs impacted by the event, obstruct, delay or interfere with the
normal activities, operations or flow of pedestrian or vehicular traffic on public property or which
may create a significant risk of injury to the general public or participants in the event.
. . .
Section 4. That Section 23.5-3 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-3. Permit required.
(a) Any person desiring to conduct an special event in the City, including on private property
where the event impacts a public right-of-way or adjacent public property uses, shall first obtain a
permit under this Chapter. Additional permits may be required for other event conditions,
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including but not limited to a permit for the sale or possession of alcoholic beverages under §3-
83.5 or for a noise variance under § 20-27.
(b) An special event permit shall not be required for the following:
(1) Events that occur exclusively within City natural areas, recreation areas, or on
property owned by other governmental entities, or City-owned property managed by other
governmental entities pursuant to an a lease or other intergovernmental agreement with the
City, and do not involve the closure of any streets or sidewalks public rights-of-way that
are normally open to the public. All events within City natural areas, recreation areas, or
on property owned by other governmental entities, or City-owned property managed by
other governmental entities pursuant to an a lease or other intergovernmental agreement
with the City, that do involve the closure of such streets or sidewalks public rights-of-way
shall be reviewed by the Coordinator Permitting Authority and shall be subject to the
permit requirements of this Chapter, but only with regard to that portion of the event which
occurs upon or affects the streets or sidewalks public right-of-way. Other activities
conducted within the natural areas or recreation areas in conjunction with such events shall
be regulated according to the requirements of Chapter 23, Articles IX and X, respectively;
. . .
(5) Commercial film productions that do not request exclusive use or closure of City-
owned or managed buildings, plazas, property or land, and do not involve the obstruction
or closure of any public rights-of-way that are normally open to the public.
. . .
Section 5. That Section 23.5-4 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-4 Demonstration notice required.
(a) Any person desiring to conduct a demonstration in the City, including on private property
where the activity impacts a public right-of-way or adjacent public property use, shall file a
notification of demonstration with the Coordinator Permitting Authority in the manner established
by the Coordinator Permitting Authority at least twenty-four (24) hours prior to the demonstration.
Failure to provide such notice may result in restriction, relocation, or prohibition of the activity.
(b) The CoordinatorDemonstration organizers must notify the Permitting Authority in and
public safety officials need advance notice of a demonstration so theythe Permitting Authority and
public safety officials can advise demonstration organizers of permissible activities pursuant to the
City Code, determine whether additional security is needed based upon the number of anticipated
participants, and work with demonstration organizers to determine reasonable time, place, manner,
location and route restrictions to protect the safety of persons and property.
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(c) Any person organizing a demonstration more than twenty-four (24) hours in advance,
expected to involve more than fifty (50) persons, or where the activity is expected to substantially
impede or interfere with vehicular traffic or pedestrian use of any public right-of-way, is
encouraged to contact the Coordinator Permitting Authority as soon as practicable prior to the
activity, to determine whether elements of such activity not related to the communication or
expression of views or grievances are subject to a permit or conditions related to public safety.
Section 6. That Chapter 23.5 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Section 23.5-4.5 which reads in its entirety as follows:
Sec. 23.5-4.5 Commercial film production notice required.
(a) Any person desiring to conduct a commercial film production on a public right-of-way, a
City-owned plaza or park, or other outdoor property owned or leased by the City, that does not
require a special event permit, shall file a notification of the commercial film production with the
Permitting Authority in the manner established by the Permitting Authority within the time period
set in the administrative rules and regulations. Failure to provide such notice may result in
restriction, relocation, or prohibition of the activity or penalty provided by this Chapter.
(b) Commercial film production organizers must contact the Permitting Authority in advance
to provide notice of a commercial film production so the Permitting Authority can advise the
commercial film production of permissible activities pursuant to the City Code and notify other
City service areas and governmental entities. Permits may be required for other conditions of the
production, including but not limited to a permit for a noise variance under § 20-27.
Section 7. That Section 23.5-5 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-5. Permit application dates; fees; deposits.
(a) Any person desiring to obtain an special event permit must file a complete application,
including all required attachments and advance monetary deposits, with the Coordinator
Permitting Authority within the time periods set in the administrative rules and regulations, and
special event terms and conditions.
(b) Prior to issuance of The Permitting Authority shall not issue a permit, until the applicant
shall pay has paid to the City:
(1) aAll applicable fees and deposits in amounts determined by the City Manager in
accordance with § 7.5-1 to be sufficient to cover the full cost of processing and
investigating such permit application and administering the permit program set forth in this
Chapter., including any fees due to other City departments or Poudre Fire Authority for
permitting the event; and
(2) A deposit for all City services expected to be required for the event. Full payment
for a City service will be due within 30 days of receiving a final invoice. Failure to pay for
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City services as required may result in future denial of or restrictions on special events
permits applied for by the permittee until all past-due amounts are paid.
(c) Upon approval of an application for an event permit, the Coordinator shall provide the
applicant with a statement of the estimated cost of providing peace officers for traffic -control or
security at the event. The applicant shall be invoiced for the estimated traffic-control or security
costs. Traffic-control includes clearing the event route or site of unauthorized vehicles, diversion
of traffic around the event, and directing pedestrian and vehicular traffic along the route of an
event.Costs charged by the City to the applicant for public safety services may include only costs
mitigating the general safety risks inherent in the event, not the cost of protecting event participants
from the reaction of others.
(d) Traffic control and security charges shall be paid within ten (10) days of the date on the
invoice, even if the applicant is seeking appeal under § 23.5-9.Fees and deposits are due at the
times specified in this Section even if the applicant is seeking an appeal under § 23.5-9.
Section 8. That Section 23.5-6 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-6. Action on application.
The Coordinator Permitting Authority shall approve, conditionally approve or deny an application
on the grounds specified in this Chapter. Such action shall be taken no later than five (5) business
days after receiving a completed final application, fully completed with current information, and
applicable fees and deposits. If the application is denied or conditionally approved, the Coordinator
Permitting Authority shall inform the applicant in writing of the grounds for denial or the
conditions on the permit and the applicant's right of appeal under § 23.5-9. If the Coordinator
Permitting Authority relied on information about the event other than that contained in the
application, he or she they shall inform the applicant of such information. If the Coordinator
Permitting Authority refuses to consider a late application, he or she they shall inform the applicant
in writing of the reason for the refusal, and of the applicant's right of appeal.
Section 9. That Section 23.5-7 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-7. Grounds for denial of application.
(a) The Coordinator Permitting Authority shall approve an application for an event permit
unless he or she they determines, from a consideration of the completed application and other
pertinent information, that:
. . .
(2) The applicant has failed to complete the application within the time frame permitted
by the Coordinator Permitting Authority after having been notified of any additional
information or documents required; or
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(3) Another event permit or application has been received prior in time, or has already
been approved, to hold another event on the same date and time requested by the applicant,
or so close in time and place as to cumulatively cause undue traffic congestion disruption
to the usual activities of the surrounding area, or significantly burden the City's ability to
meet the demand for police, fire or other emergency service anywhere in the Cityany City
services necessary for the public health, safety and welfare; or
(4) The applicant fails to present an approved traffic safety plan, or the time, route or
size of the event will substantially interrupt the safe and orderly movement of traffic on or
contiguous to the event site or route or will disrupt the use of a street or highway public
right-of-way at a time when it is usually subject to traffic congestion; or
. . .
(6) The size of the event will require diversion of so great a number of peace officers
of the City staff or resources to ensure that participants stay within the boundaries or route
of the event, or to protect participants in the event, as to prevent significantly impact normal
services or protection to the rest of the City; nothing herein authorizes denial of a permit
or a required reduction in the size or scope of an event because of the need to protect
participants from the conduct of others, if reasonable permit conditions can be imposed to
allow for adequate protection of participants with the number of peace officers that can be
made available to police the event taking into account all objectively available resources;
or
(7) The location of the event will substantially interfere with any construction or
maintenance work already scheduled to take place near in time to the event upon or along
the City streets, parks, or other City facilities or a previously granted encroachment permit;
or
. . .
(11) The applicant has failed to pay costs, fees or deposits for the application or for
previous special events permits including all City services provided for the event; or
(b) When the grounds for denial of an application for a permit specified in Paragraphs (a)(4)
through (a)(9) above can be corrected by altering the date, time, duration, route or location of the
event, the Coordinator Permitting Authority shall, instead of denying the application, conditionally
approve the application upon the applicant's acceptance of conditions for permit issuance. The
conditions imposed shall provide for only such modification of the applicant's proposed event as
are necessary to achieve compliance with said Paragraphs.
Section 10. That Section 23.5-8 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-8. Permit conditions.
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The Coordinator Permitting Authority may condition the issuance of an event permit by imposing
reasonable requirements concerning the time, place and route of the event and such requirements
as are necessary to protect the safety of persons and property and the control of traffic. Such
conditions may include but are not limited to those described in § 23.5-10 and as set forth in
administrative policies and procedures, rules and regulations, and special event terms and
conditions adopted by the City Manager.
Section 11. That Section 23.5-9 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-9. Appeal procedure.
The applicant shall have the right to appeal the denial of a permit, the imposition of a permit
condition, or a fee under § 23.5-5. A notice of appeal shall be filed with the City Manager's office
with a copy to the Coordinator Permitting Authority, setting forth the grounds for the appeal within
three (3) business days after receipt of a notice of denial or permit condition. Such receipt of notice
shall be presumed three (3) business days after the date of mailing to the address provided in the
application. The City Manager or his or hertheir designee shall administratively review the
decision to deny the permit or impose conditions no later than five (5) business days after receipt
of the appeal notice. No hearing on the matter shall be required. The applicant and the Coordinator
Permitting Authority may present written evidence to assist the City Manager or designee's review.
The City Manager or his or hertheir designee shall render his or hertheir written decision no later
than one (1) business day after reviewing the decision. If the City Manager cannot complete such
review and decision at least one (1) full business day prior to the time and date of an event, he or
shethey promptly shall so notify the appealing applicant in writing, and said applicant shall be
entitled, but not required, to seek judicial review of the permit denial or permit conditions with no
further administrative review. The City Manager's decision shall be final, subject only to such
judicial review as may be available under the Colorado Rules of Civil Procedure.
Section 12. That Section 23.5-10 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-10. Permit issuance; rules and regulations; terms and conditions.
(a) The City Manager or his or her their designee is authorized to promulgate such rules and
regulations, and permit terms and conditions, as are necessary to effectuate the implementation,
administration, and enforcement of this Chapter.
(b) The Coordinator Permitting Authority shall act in accordance with the City Manager's rules
and regulations.
(c) The Coordinator Permitting Authority shall issue the event permit once the applicant has
acknowledged and agreed in writing to comply with all the rules and regulations and special event
terms and conditions of the permit, including but not limited to the following:
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. . .
(11) Traffic safety, general safety, and security requirements;
(12) Restoration and custodial requirements;
. . .
(15) Any and all additional special event terms and conditions reasonably required by
the Permitting Authority because of specific circumstances or characteristics of the event.;
and
(16) Notice that the permit may be revoked due to force majeure or conditions set forth
under § 23.5-11.
. . .
Section 13. That Section 23.5-11 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-11. Revocation of permit.
(a) The Coordinator Permitting Authority or a designee may, at any time prior to an event,
revoke or terminate a permit that has been issued for the event if conditions change so that the
permit application could have been denied in the first instance.
(b) The Coordinator Permitting Authority a designee, or Fort Collins Police Services may
revoke or terminate the permit prior to or during the course of the event due to a local emergency
under §2-666, a national special security event under 6 USC § 601(9), or if continuation of the
event presents a clear and present danger to the participants or the public.
(c) The Coordinator Permitting Authority or designee may revoke the permit and terminate
the event during the course of the event for noncompliance with special event terms and conditions.
. . .
Section 14. That Section 23.5-12 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23.5-12. Violations; penalties.
(a) It is unlawful for any person to sponsor or conduct an parade, or event requiring an special
event permit unless a permit has been issued for the event. It is unlawful for any person to
participate in such an event with the knowledge that the sponsor of the event has not been issued
a permit.
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(b) It is unlawful for any person to interfere with or disrupt a lawful demonstration, or event
or parade.
(c) It is unlawful for any person to conduct a demonstration requiring a notification of
demonstration, or a commercial film production requiring a notice of commercial film production,
without first providing the required notice.
(d) It is unlawful for any person to sponsor or conduct a demonstration, or commercial film
production, that does not comply with all reasonable time, place, manner, and route restrictions
deemed necessary by the Coordinator Permitting Authority and public safety officials.
. . .
(f) In addition to the penalties set forth in § 1-15, the Coordinator Permitting Authority may
consider the violation of the special event terms and conditions in approving or denying future
event applications by the same applicant or organization.
Section 15. That the definition “Coordinator” contained in Section 23.5-2 of the Code
of the City of Fort Collins is hereby deleted in its entirety.
Coordinator shall mean the Special Event Coordinator or his or her designee.
Introduced, considered favorably on first reading and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading this 20th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Page 139
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Jim Byrne, Director of Emergency Mangement
Dennis Day, Lead Specialist
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 084, 2023, Amending Article IX of Chapter 2 of the Code of the City
of Fort Collins Regarding Emergency Management.
EXECUTIVE SUMMARY
The purpose of this item is to amend the City Code to reflect updates on how emergency management
programming is done and where the responsibility for that programming sits. This includes some updated
language changes, as well as authorities and roles for staff and elected officials during a critical event.
At Second Reading of the Ordinance, Council will be asked to consider a Resolution to adopt an updated
Emergency Operation Plan (EOP) that supports and is consistent with the requested changes in the City
Code.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Discussions about developing a dedicated office of emergency management within the City began after
the 2013 flood. Though City staff performed at high levels, and the City fared well in comparison to regional
neighbors, a thorough after-action report noted a lack of pre-planning and coordinated efforts in some
critical areas. In 2019 a decision was made to transfer emergency management responsibilities from PFA
to a dedicated office within the City, reporting to the city manager. The Office of Emergency Preparedness
and Security (EPS) was established in January of 2020, just prior to the COVID-19 pandemic.
The recommended City Code update to Article IX of Chapter 2, and EOP adoption, are a formal
acknowledgment of those changes and commitment to current organizational practices. These proposed
Code updates and changes are consistent with industry best practices, and align with Federal Emergency
Management Agency (FEMA) standards:
Transfers responsibility for emergency management in the City of Fort Collins from Poudre Fire
Authority, to a dedicated City department, Emergency Preparedness and Security (EPS).
Names the Director of EPS as the “Emergency Manager” for the City of Fort Collins.
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Changes language in the old code that referred to a “Disaster Council” headed by the Mayor during
times of emergencies, replacing it with industry standard “Policy Group,” led by the City Manager.
Members of the “Policy Group” are outlined in the City EOP and must at least include the Mayor, and
Emergency Manager, and City Attorney, or their designees.
Allows the City Manager to adopt updates to the EOP as needed without submitting every change to
City Council, but City Council must approve the complete EOP at least once every five years.
CITY FINANCIAL IMPACTS
Not applicable.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
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Item 12.
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ORDINANCE NO. 084, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IX OF CHAPTER 2 OF THE CODE OF THE CITY OF
FORT COLLINS REGARDING EMERGENCY MANAGEMENT
WHEREAS, in 1990 the City Council created the Office of Emergency Management by
adopting Ordinance No. 40, 1990, which codified Article IX of Chapter 2 of the City Code
regarding emergency management (the “Emergency Management Code”); and
WHEREAS, for the last 33 years the Emergency Management Code provisions have
remained largely the same except for some minor amendments to change names and titles, move
responsibility for the Office of Emergency Management from Police Services to Poudre Fire
Authority, and establish a method for dissemination of rules and regulations to the public during
an emergency; and
WHEREAS, in 2019 the City Manager created the position of Director of Emergency
Preparedness and Security (the “Director”) within the City Manager’s Office; and
WHEREAS, the Director and other City staff have conducted a thorough review of the
Emergency Management Code provisions and have recommended that such provisions be
amended to do the following:
Formally establish the Office of Emergency Preparedness and Security within the City,
instead of the Office of Emergency Management;
Define the term “emergency organization” as already used in the Code;
Replace the “Disaster Council” with a “Policy Group” that will provide the strategy and
vision for how emergency response and recovery should be conducted;
Direct the City Manager to appoint a Director of the Office of Emergency Preparedness
and Security, instead of the City Manager serving as the Director of Emergency
Management;
Shift responsibility for development of the City’s Emergency Operations Plan from the
Disaster Council to the Director, based on the principles and policies set forth in the
National Incident Management System (NIMS) adopted by the City pursuant to Resolution
2005-105, with adoption by the City Manager and approval by the City Council; and
Allow the City manager to adopt updates to the Emergency Operations Plan as needed
without submitting every change to the City Council for approval, so long as the City
Manager submits the entire Emergency Operation Plan to the City Council for approval at
least once every five years; and
WHEREAS, the City Council has determined, and now finds, that the adoption of this
Ordinance is necessary for the health, safety and welfare of the public.
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Item 12.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-666 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-666. Definitions.
(a) As used in this Article, “emergency organization” shall mean all officers and employees of
the City, together with those volunteer forces enrolled to aid them during an emergency, and all
groups, organizations and persons who may, by agreement or operation of law, including persons
required to provide service under the provisions of § 2-669(a)(6)c of this Article, be charged with
duties incident to the protection of life, health, safety and property in the City, while planning for
such emergency or during such emergency.
(b) As used in this Article, “local emergency” shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the City,
including, but not limited to: fire, flood, storm, earthquake, pandemic, epidemic, infestation,
explosion, aircraft crash, hazardous substance incident, oil spill or other contamination of air or
water requiring immediate action to avert danger or damage; water or power shortage, civil
disturbance, hostile military or paramilitary action; or any other declared disaster that requires the
aid and assistance of outside, local, state or federal agencies.
Section 3. That Section 2-668 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-668. Disaster Council membership Policy Group.
The Disaster Council Policy Group is hereby created to provide the strategy and vision for how
emergency response and recovery should be conducted, and shall consist of the following persons
or their designees:
(1) The City Manager, who shall be chairperson;
(2) The Deputy City Manager(s), who shall be vice-chairperson;
(3) The Mayor;
(4) The Director of Emergency Management Coordinator Preparedness and Security; and
(5) The City Attorney; and
(56) Such Oother City staff members as the City Manager may choose to are designated in the
emergency operations plan of the City, adopted pursuant to this Article.
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Item 12.
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The Policy Group shall be immediately activated following a disaster or emergency declaration
made by the City Manager, or their appointed designee. Additionally, the City Manager, or their
appointed designee, may convene the Policy Group at any point to address the threatened existence
or existence of an emergency event. The Policy Group is deactivated by the City Manager, taking
into account the existing and potential needs of the City.
Section 4. That Section 2-669 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 2-669. Disaster Council powers and duties.
The Disaster Council shall have the duty and power to develop and recommend for adoption by
the City Council emergency and mutual aid plans and agreements and such ordinances, resolutions
and rules and regulations as are necessary to implement such plans and agreements. The Disaster
Council shall meet upon call of the chairperson or, in his or her absence from the City or inability
to call such meeting, upon call of the vice-chairperson.
Section 5. That Section 2-670 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-669 and amended to read as follows:
Sec. 2-670669. – Office of Emergency ManagementPreparedness and Security.
There is hereby created the Office of Emergency ManagementPreparedness and Security. The City
Manager shall be theappoint a Director of the Office of Emergency ManagementPreparedness and
Security. The Emergency Management Coordinator shall be the Assistant Director. The Office of
Emergency Management shall be located within the Poudre Fire Authority, and the Poudre Fire
Authority shall provide the administrative support necessary for the office to carry out its duties.
Section 6. That Section 2-671 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-670 and amended to read as follows:
Sec. 2-671670. Powers and duties of the Directors and Assistant Director of the Office of
Emergency ManagementCity Manager and Director of Emergency Preparedness and
Security.
(a) The DirectorCity Manager is hereby empowered:
(1) To proclaim the existence or threatened existence of a local emergency. Whenever
a local emergency is proclaimed by the DirectorCity Manager, it shall not be continued or
renewed for a period more than seven (7) days, except by or with the consent of the City
Council. Any such proclamation shall be given prompt and general publicity and shall be
filed promptly with the City Clerk or the Larimer County Clerk and Recorder and with the
state agency responsible for emergency management.
. . .
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Item 12.
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(6) In the event of the proclamation of a local emergency as herein provided or the
proclamation of a "state of disaster emergency" by the Governor or other lawfully
empowered official of the State:
a. To make and issue rules and regulations on matters reasonably related to the
protection of life, health, safety and property as affected by such emergency;
provided, however, that such rules and regulations must be confirmed at the earliest
practical time by the City Council by ordinance;
b. To obtain vital supplies, equipment and such other properties found lacking
and needed for the protection of life, health, safety and property and to bind the
City for the fair value thereof in accordance with Chapter 8 and, if required
immediately, to commandeer the same for public use;
c. To require emergency services of any City officer or employee and, in the
event of the proclamation by the Governor or other lawfully empowered official of
the State of a "state of disaster emergency" in the County, to command the aid of
as many citizens of the City as he or she the City Manager deems necessary in the
execution of his or hertheir duties; such persons shall be entitled to all privileges,
benefits and immunities as are provided by state law for civil defense workers;
d. To requisition necessary personnel or material of the Poudre Fire Authority
and/or the City; and
e. To execute all of the ordinary powers as City Manager, all of the special
powers conferred by this Article or by the Emergency Operations Plan adopted by
the City Council pursuant hereto, and all powers conferred by any statute, by
agreement approved by the City Council and by any other lawful authority.
(b) The Director of the Office of Emergency ManagementCity Manager shall designate the
order of succession to that office, to take effect in the event the DirectorCity Manager and their
designee pursuant to Article III, Section 3 of the Charter is are both unavailable to attend meetings
and otherwise perform his or hertheir duties during an emergency. Such order of succession shall
be as set forth in the Direction and Control Annex to the Emergency Operations Plan adopted
pursuant to this Article.
(c) The Assistant Office Director of Emergency Preparedness and Security shall, under the
supervision of the Director and with the assistance of the members of the Disaster Council, develop
support the development of emergency operations response plans as needed and manage the
coordination of emergency programs of programming in the City; and shall have such other powers
and duties as may be assigned by the DirectorCity Manager.
(d) In the event of a declaration of military law, the City Manager efforts of the emergency
organization of the City shall be subject to the direction and approval of the Office ofshall report
directly to the Mayor as head of City government in accordance with Article II, Section 4 of the
Charter.
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(e) Any rules and regulations made and issued by the Director City Manager pursuant to the
authorization set forth in Paragraph (a)(6) of this Section shall be disseminated widely to the
community by appropriate means given the circumstances and available methods for
communicating with the public. A knowing violation of such rules and regulations shall be a
misdemeanor punishable under § 1-15 of this Code.
Section 7. That Section 2-672 of the Code of the City of Fort Collins is hereby deleted
in its entirety.
Sec. 2-672. - Emergency organization.
All officers and employees of the City, together with those volunteer forces enrolled to aid them
during an emergency, and all groups, organizations and persons who may, by agreement or
operation of law, including persons impressed into service under the provisions of § 2-671(a)(6)c
of this Article, be charged with duties incident to the protection of life, health, safety and property
in the City during such emergency, shall constitute the emergency organization of the City.
Section 8. That Section 2-673 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-671 and amended to read as follows:
Sec. 2-673671. - Emergency Operations Plan.
The Disaster CouncilDirector of Emergency Preparedness and Security shall be responsible for:
(a) tThe development and adoption of the Emergency Operations Plan (and any subsequent
revisions) for adoption by the City Manager and approval by the City Council, which Plan shall
be based on the principles and policies set forth in the National Incident Management System
(NIMS) adopted by the City pursuant to Resolution 2005-105, as now in effect or as may be
updated in the future. The Emergency Operations Plan shall provide for the effective mobilization
of all of the resources of the City to meet any condition constituting a local emergency or state of
disaster emergency pursuant to state law; and shall provide for the organization, powers and duties,
services and staff of the emergency organization of the City.
(b) Development and recommendation for adoption by the City Council, as required, of
emergency response plans, mutual aid plans and agreements, and such ordinances, resolutions and
rules and regulations as are necessary to implement the Emergency Operations Plan.
(c) Conferring with the City Manager regarding the Emergency Operations Plan on a
frequency and to the extent the City Manager determines to be beneficial for the development and
updating of the Emergency Operations Plan.
The City Manager may adopt updates to the Emergency Operations Plan as necessary and
appropriate to maintain the emergency preparedness of the City, provided that the City Manager
shall submit the Emergency Operations Plan to the City Council for approval at least once every
five years.
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Section 9. That Section 2-674 of the Code of the City of Fort Collins is hereby
renumbered as Section 2-672.
Sec. 2-674672. No obstruction.
It shall be unlawful for any person to willfully obstruct, hinder or delay any person in the exercise
of any duty or authority pursuant to the provisions of this Article.
Section 10. That Section 2-675 of the Code of the City of Fort Collins is hereby
renumbers as Section 2-673.
Sec. 2-675673. - Conflicting ordinances, orders, rules and regulations suspended.
Any orders, rules and regulations promulgated during a proclaimed state of disaster emergency
shall take precedence over existing ordinances, rules and regulations if a conflict arises.
Introduced, considered favorably on first reading and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading this 20th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Page 147
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Jim Byrne, Director of Emergency Management
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 085, 2023, Repealing and Reenacting Article II of Chapter 9 of the
City Code Regarding Open Fire and Burning Restrictions.
EXECUTIVE SUMMARY
The purpose of this item is to update the City Code provisions regarding restrictions on open fires and
burning in the City to update references to the International Fire Code, improve defined terms, better
describe what activities are or are not permitted during declared Stage 1 and Stage 2 fire restrictions, and
provide a mechanism for Poudre Fire Authority to act quickly to postpone previously permitted burns when
changes in weather conditions increase the fire danger.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Article II of Chapter 9 of the City Code describes limitations on open fires and open burning within the City,
including the authority of the City Manager to declare Stage 1 or Stage 2 fire restrictions when weather
conditions warrant it.
On June 7, 2022, the City Council adopted Ordinance No. 060, 2022, adopting the 2021 International Fire
Code (IFC). As a result, references to the IFC in Chapter 9 require updating. City staff had also, in the past,
been asked to specifically address the use of pellet grills and pellet smokers in the open burning Code.
The City Attorney’s Office reviewed Article II of Chapter 9 in collaboration with staff from Poudre Fire
Authority (PFA), who recommended updating defined terms in the City Code to be more consistent with
the IFC and with the definitions used by Larimer County in its open fire/open burning code, as Larimer
County is the body that issues burn permits (with the approval of PFA) for open burning within the City, and
PFA operates in both the City and the County.
PFA also requested a way to temporarily suspend previously issued permits for open burning in the City
even if the City Manager has not yet declared Stage 1 or Stage 2 fire restrictions, when weather conditions
indicate it would be too dangerous for the burn to proceed on a particular day.
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Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
If adopted, the revisions to Chapter 9, Article II would do the following:
Add or improve definitions for “agricultural burning,” “air curtain destructor,” “approved,” “fireworks,”
“incendiary devices,” “open burning,” “open fire,” “public fireworks display,” “solid fuel,” and “wood
pellets.”
List what types of open fires and open burning are always prohibited in the City under various
provisions of the City Code.
More clearly describes what activities are and aren’t allowed in the City during State 1 and Stage 2
fire restrictions.
Add a provision describing how the City Manager gives notice to the public of declared fire
restrictions, which was not previously defined, by the means the City Manager determines are most
appropriate under the circumstances.
Adds a provision allowing PFA to temporarily suspend the exercise of an issued burn permit within
the City, including agricultural burning, due to high fire danger concerns on a particular day, in the
absence of, or in addition to, Stage 1 or Stage 2 fire restrictions. Burn permit holders are already
required to contact City 911 dispatchers the morning of a planned burn. The updated code would
all PFA to notify 911 dispatchers to instruct any open-burn permittees that they may not burn within
the City limits due to high fire danger concerns on a particular day.
Because the proposed changes are extensive, the Ordinance would repeal and reenact all of Chapter 9,
Article II. However, a version of the Code provisions showing proposed changes tracked against the current
Code language is attached as attachment 2.
CITY FINANCIAL IMPACTS
Adoption of the Ordinance will not have a financial impact on the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Ordinance for Consideration
2. Open Fire and Burning Restrictions – Tracked Changes
Page 149
Item 13.
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ORDINANCE NO. 085, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING ARTICLE II OF CHAPTER 9 OF THE CITY CODE
REGARDING OPEN FIRE AND BURNING RESTRICTIONS
WHEREAS, Article II of Chapter 9 of the City Code describes limitations on open fires
and open burning within the City, including the authority of the City Manager to declare Stage 1
or Stage 2 fire restrictions when weather conditions warrant it (the “Open Burning Code”); and
WHEREAS, on June 7, 2022, the City Council adopted Ordinance No. 060, 2022, adopting
the 2021 International Fire Code (IFC) and, as a result, references to the IFC in Open Burning
Code require updating; and
WHEREAS, City staff had also, in the past, been asked to clarify the use of pellet grills
and pellet smokers in the Open Burning Code; and
WHEREAS, in addition, concerns have been raised about agricultural burning within the
City on days when weather conditions create an increased fire danger; and
WHEREAS, staff from the City Attorney’s Office and Poudre Fire Authority (PFA)
thoroughly reviewed the Open Burning Code, and recommended the following changes:
Make defined terms in the Open Burning Code more consistent with the IFC and
with definitions used by Larimer County;
Clarify that open burning permits are not issued by PFA, but by Larimer County
with approval by PFA;
Clarify what activities are and aren’t permitted during Stage 1 and Stage 2 fire
restrictions;
Define how the City Manager gives notice to the public of declared fire restrictions;
and
Add a provision allowing PFA to temporarily suspend the exercise of an issued
burn permit within the City due to high fire danger concerns on a particular day;
and
WHEREAS, the City Council has determined, and now finds, that the adoption of this
Ordinance is necessary for the health, safety and welfare of the public.
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 Article II of Chapter 9 of the Code of the City of Fort Collins is hereby
repealed and reenacted to read as follows:
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ARTICLE II. OPEN FIRE AND BURNING RESTRICTIONS
Sec. 9-21. Application.
This Article shall apply to all open fires or open burning when the restrictions authorized by this
Article are in effect.
Sec. 9-22. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section.
Agricultural burning shall mean burning of cover vegetation for the purpose of preparing the soil
for crop production; weed control; maintenance of water conveyance structures related to
agricultural operations; and other agricultural cultivation purposes, including, but not limited to
burning of fence lines or rows, fields, farmlands, and irrigation ditches.
Air curtain destructor (also known as air curtain burners or air curtain incinerators) shall mean
an open burning device that operates by forcefully projecting a curtain of air across an open
chamber or pit in which combustion occurs. Devices of this type may be constructed above or
below ground and with or without refractory walls and floor. (Air curtain devices are not
conventional combustion devices with enclosed fireboxes and controlled air technology such as
mass burn, modular and fluidized bed combustors.)
Approved shall mean allowable per the City’s adoption of the 2021 International Fire Code and §
20-1 of this Code, or by a burn permit issued as described in this Article.
Fire Code Official shall mean the Chief of the Poudre Fire Authority or their designee.
Fireworks shall mean “fireworks” as defined in Section 202 of the 2021 International Fire Code
adopted and amended in this Chapter. Fireworks shall not include:
(1) Toy caps which do not contain more than twenty-five hundredths of a grain of
explosive compound per cap;
(2) Highway flares, railroad fuses, ship distress signals, smoke candles, and other
emergency signal devices;
(3) Educational rockets and toy propellant device type engines used in such rockets
when such rockets are of nonmetallic construction and utilize replaceable engines or model
cartridges containing less than two ounces of propellant and when such engines or model
cartridges are designed to be ignited by electrical means; or
(4) Fireworks which are used in testing or research by a licensed explosives laboratory.
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Incendiary devices shall mean any object which is combustible, flammable, explodes or is
designed to or may cause fire. This includes sky lanterns, exploding ammunition, exploding
targets, and tracer ammunition.
Open burning shall mean any outdoor fire that a person starts and uses intentionally for land
management, including, but not limited to, the following:
(1) agricultural burning;
(2) fires used for grassland, rangeland, wildland or forest management, including
vegetative, habitat or fuel management; and
(3) fires in air curtain destructors, pile burning and the burning of refuse or rubbish.
Open fire shall mean any outdoor fire started by a person for purposes other than land management,
including, but not limited to, the following:
(1) campfires, warming fires, and cooking fires;
(2) solid fuel grills, food smokers, stoves, fireplaces, chimineas, fire pits or ovens;
(3) welding, or operating acetylene or other torches with open flames;
(4) smoking, and the open discarding of smoking materials;
(5) the lighting of any fused explosives and fireworks of any kind or brand;
(6) operating any internal combustion engine (e.g., chainsaw) without a spark arresting
device properly installed, maintained, and in effective working order;
(7) use of incendiary devices or other explosives and the burning of explosive waste;
and
(8) operating any pest control equipment that relies upon the ignition of flammable
gases or liquids.
Fires in fireplaces and stoves that are contained inside buildings are not open fires.
Public fireworks display shall mean any display of fireworks conducted by a qualified pyrotechnic
operator in compliance with the International Fire Code, as amended, and conducted only after the
approval by the Fire Code Official and in compliance with any conditions imposed by the Fire
Code Official.
Solid fuel shall mean charcoal, wood, wood chips, wood pellets, paper and any other similar non-
liquid or non-gas fuels.
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Wood pellets shall mean compressed wood or sawdust pellets specifically manufactured to be used
as fuel.
Sec. 9-23. Prohibited open fires and open burning.
The following types of open fires and open burning are prohibited in the City at all times:
(1) Burning of refuse or rubbish except as permitted under Section 20-42(i).
(2) Use of fireworks, except as allowed under Section 9-2.65.
(3) Open burning as defined in Section 9-22, except with a permit issued by Larimer
County and approved by the Fire Code Official or issued by the Fire Code Official.
(4) Any open fire or open burning not conducted in compliance with all applicable
requirements of the 2021 International Fire Code and § 20-1 of this Code.
Sec. 9-24. Declaration of Stage 1 fire restrictions.
(a) Stage 1 fire restrictions are the lowest level of fires restrictions within the City. The City
Manager may declare Stage 1 Fire Restrictions in the City, after consultation with the Fire Code
Official, if they determine that the totality of circumstances, including, but not limited to, current
weather conditions, long- and short-term weather forecasts, lack of precipitation, fire restrictions
in neighboring communities, regional fires and/or fires in close proximity to the City, live and dead
fuel moisture levels, energy release components, atmospheric conditions, degraded air quality, and
limited availability of suppression resources, have created a potential threat of fire or public safety
hazards within the City.
(b) The Stage 1 restrictions imposed by this Article shall take effect immediately upon the
issuance of an administrative order executed by the City Manager, and shall remain in effect until
rescinded by a similar order. The City Manager shall notify the City Council within twenty-four
(24) hours after the issuance of such administrative order. The authority granted under this Article
is ongoing, and administrative orders may be issued from time to time as conditions warrant.
Sec. 9-25. Stage 1 fire restrictions/prohibited and permitted acts.
When Stage 1 fire restrictions are in place it shall be unlawful for any person to start, build,
maintain, attend, or use an open fire or conduct open burning on public, private, state or federal
lands within the City, except for the following activities:
(1) fires within liquid- or gas-fueled appliances, including portable fireplaces, fire pits,
grills, smokers, camp stoves, portable heaters, and tiki torches; and fires in permanently
constructed, liquid-fueled or gas-fueled stationary masonry or metal fireplaces specifically
designed for the purpose of combustion;
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(2) fires using clean, dry untreated wood, wood pellets, or charcoal within portable,
solid-fuel burning fireplaces, fire pits, chimineas or other containers that are approved for
such use and used for non-commercial or recreational purposes; and solid fuel grills or food
smokers (commercial or non-commercial);
(3) smoking within an enclosed vehicle or building, a developed recreation site where
smoking is permitted, or in an area at least three (3) feet in diameter cleared of all
flammable materials;
(4) fire department training fires;
(5) open fires or open burning by any federal, state or local officer or member of an
organized fire protection district or department in the performance of official fire
suppression functions;
(6) welding or other torches with an open flame, so long as conducted in an area at
least ten (10) feet in diameter cleared of all flammable materials, and while in possession
of a chemical pressurized fire extinguisher; and
(7) fires specifically authorized by a permit issued by Larimer County and approved
by the Fire Code Official, or issued by the Fire Code Official, including permitted
agricultural burning and professional fireworks displays.
Sec. 9-26. Declaration of Stage 2 fire restrictions.
(a) Stage 2 fire restrictions are the highest level of fire restrictions within the City. The City
Manager may declare Stage 2 fire restrictions in the City, after consultation with the Fire Code
Official, if they determine that the totality of circumstances, including, but not limited to, current
weather conditions, long- and short-term weather forecasts, lack of precipitation, fire restrictions
in neighboring communities, regional fires and/or fires in close proximity to the City, live and dead
fuel moisture levels, energy release components, atmospheric conditions, degraded air quality, and
limited availability of suppression resources have created an imminent threat of fire or public
safety hazards within the City.
(b) The Stage 2 restrictions imposed by this Article shall take effect immediately upon the
issuance of an administrative order executed by the City Manager, and shall remain in effect until
rescinded by a similar order. The City Manager shall notify the City Council within twenty-four
(24) hours after the issuance of such administrative order. The authority granted under this Article
is ongoing, and administrative orders may be issued from time to time as conditions warrant.
Sec. 9-27. Stage 2 fire restrictions/prohibited and permitted acts.
When Stage 2 fire restrictions are in place it shall be unlawful for any person to start, build,
maintain, attend or use any open fire or conduct open burning of any kind on public, private, state
or federal lands within the City, with or without a permit, including fires in outdoor, solid-fuel
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burning fireplaces, fire pits, chimineas or other solid-fuel burning containers (approved or
unapproved), except for the following activities:
(1) fires within liquid- or gas-fueled appliances, including portable fireplaces or fire
pits, grills, smokers, camp stoves, portable heaters, and tiki torches; and fires in
permanently constructed, liquid-fueled or gas-fueled stationary masonry or metal
fireplaces specifically designed for the purpose of combustion;
(2) fires in wood pellet-fueled grills or smokers at private one- and two-family
residences;
(3) smoking within an enclosed vehicle, trailer or building;
(4) welding or operating an acetylene torch within an enclosed building;
(5) fire department training fires;
(6) open fires or open burning by any federal, state or local officer or member of an
organized fire protection district or department in the performance of official fire
suppression functions; and
(7) solid-, gas- or liquid-fueled commercial cooking or smoking appliances when used
for commercial food preparation after review and approval of the Fire Code Official.
Sec. 9-28. Notice of fire restrictions.
The City Manager shall promptly issue notice to the public of an administrative order declaring
Stage 1 or Stage 2 fire restrictions by the best means available including press release, notification
to public safety agencies, or such other means as the City Manager determines is appropriate under
the circumstances.
Sec. 9-29. Temporary suspension of permitted open burns.
(a) The Fire Code Official has authority to issue burn permits for certain activities as described
in Poudre Fire Authority policies, including, but not limited to, fireworks, flame effects and use of
explosives. The Fire Code Official also has the authority to approve, deny or condition burn
permits issued by Larimer County for activities within the City of Fort Collins. The Fire Code
official may temporarily suspend the exercise of an issued burn permit within the City of Fort
Collins, including agricultural burning, due to high fire danger concerns on a particular day in the
absence of, or in addition to, the issuance of Stage 1 or Stage 2 fire restrictions.
(b) Conditions that may trigger a suspension of open burning permits for a given day in the
absence of a Stage 1 or Stage 2 fire restrictions declaration include either one or both of the
following:
(1) Predicted winds in excess of 10 mph;
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(2) High fire danger as defined by Poudre Fire Authority policies and procedures.
(c) Burn permittees are required to contact Fort Collins 911 dispatchers the morning of a
planned burn. Based on forecast conditions for one or more days, the Fire Code Official may
notify Fort Collins 911 dispatchers to instruct any open burn permittees that they may not burn
within Fort Collins City limits due to high fire danger concerns on that day.
(d) It shall be unlawful for any person with an open burning permit issued or approved by the
Fire Code Official to start, build, maintain, attend or use an open fire or conduct open burning in
the City, including public, private, state and federal lands, during a suspension of open burning
permits.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading this 20th day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
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ARTICLE II. OPEN FIRE AND BURNING RESTRICTIONS
Sec. 9-21. Application.
This Article shall apply to all open fires or open burnings when the restrictions authorized by this
Article are in effect.
Sec. 9-22. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section.
Agricultural burning shall mean burning of cover vegetation for the purpose of preparing the soil
for crop production; weed control; maintenance of water conveyance structures related to
agricultural operations; and other agricultural cultivation purposes, including, but not limited to
burning of fence lines or rows, fields, farmlands, and irrigation ditches.
Air curtain destructor (also known as air curtain burners or air curtain incinerators) shall mean
an open burning device that operates by forcefully projecting a curtain of air across an open
chamber or pit in which combustion occurs. Devices of this type may be constructed above or
below ground and with or without refractory walls and floor. (Air curtain devices are not
conventional combustion devices with enclosed fireboxes and controlled air technology such as
mass burn, modular and fluidized bed combustors.)
Approved shall mean allowable per the City’s adoption of the 2021 International Fire Code and §
20-1 of this Code, or by a burn permit issued as described in this Article.
Fire Code Official shall mean the Chief of the Poudre Fire Authority or his or her their designee.
Fireworks shall mean "fireworks" as defined in Section 2023302.1 of the 20062021 International
Fire Code adopted and amended in this Chapter. Fireworks shall not include:
(1)Toy caps which do not contain more than twenty-five hundredths of a grain of explosive
compound per cap;
(2)Highway flares, railroad fuses, ship distress signals, smoke candles, and other emergency
signal devices;
(3)Educational rockets and toy propellant device type engines used in such rockets when such
rockets are of nonmetallic construction and utilize replaceable engines or model cartridges
containing less than two ounces of propellant and when such engines or model cartridges
are designed to be ignited by electrical means; or
(4)Fireworks which are used in testing or research by a licensed explosives laboratory.
Incendiary devices shall mean any object which is combustible, flammable, explodes or is
designed to or may cause fire. This includes sky lanterns, exploding ammunition, exploding
targets, and tracer ammunition.
Open fire or open burning shall mean any outdoor fire that a person starts and uses intentionally
for land management, including, but not limited to, the following:
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(1) agricultural burning;
(2) fires used for grassland, rangeland, wildland or forest management, including vegetative,
habitat or fuel management; and
(3) fires in air curtain destructors, pile burning and the burning of refuse or rubbish.
Open fire shall mean any outdoor fire started by a person for purposes other than land management,
including, but not limited to, the following:
(1) campfires, warming fires, and cooking fires;
(2) solid fuel grills, food smokers, stoves, fireplaces, chimineas, fire pits or ovens;
(3) welding, or operating acetylene or other torches with open flames;
(4) smoking, and the open discarding of smoking materials;
(5) the lighting of any fused explosives and fireworks of any kind or brand;
(6) operating any internal combustion engine (e.g., chainsaw) without a spark arresting device
properly installed, maintained, and in effective working order;
(7) use of incendiary devices or other explosives and the burning of explosive waste; and
(8) operating any pest control equipment that relies upon the ignition of flammable gases or
liquids.
Fires in fireplaces and stoves that are contained inside buildings are not open fires.
, the lighting of model rockets, and the burning of fence lines or rows, grasslands, fields,
farm lands, rangelands, wildlands, trash and debris. Open burning shall not include:
(1) fires in liquid-fueled or gas-fueled stoves, grills or fireplaces;
(2) fires in wood-burning fireplaces that are contained within buildings;
(3) fires in charcoal grills at private one- and two-family residences;
(4) commercial, professional and municipal fireworks displays where specific written
approval has been granted by the Fire Code Official; and
(5) prescribed or controlled burns for agricultural or irrigation purposes along ditches
located within and completely surrounded by irrigated farmlands where such burning
is necessary for crop survival and specific written approval has been granted by the
Fire Code Official.
Public fireworks display shall mean any display of fireworks conducted by a qualified pyrotechnic
operator in compliance with the International Fire Code, as amended, and conducted only after the
approval by the Fire Code Official and in compliance with any conditions imposed by the Fire
Code Official.
Solid fuel shall mean charcoal, wood, wood chips, wood pellets, paper and any other similar non-
liquid or non-gas fuels.
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Wood pellets shall mean compressed wood or sawdust pellets specifically manufactured to be used
as fuel.
Sec. 9-23. Prohibited open fires and open burning.
The following types of open fires and open burning are prohibited in the City at all times:
(1) Burning of refuse or rubbish except as permitted under Section 20-42(i).
(2) Use of fireworks, except as allowed under Section 9-2.65.
(3) Open burning as defined in Section 9-22, except with a permit issued by Larimer County
and approved by the Fire Code Official or issued by the Fire Code Official.
(4) Any open fire or open burning not conducted in compliance with all applicable
requirements of the 2021 International Fire Code and § 20-1 of this Code.
Sec. 9-24. Declaration of Stage 1 fire restrictions.
(a) Stage 1 fire restrictions are the lowest level of fires restrictions within the City. The City
Manager may declare Stage 1 Fire Restrictions in the City, after consultation with the Fire Code
Official, if he or she determines they determine that the totality of circumstances, including, but
not limited to, current weather conditions, long- and short-term weather forecasts, lack of
precipitation, fire restrictions in neighboring communities, regional fires and/or fires in close
proximity to the City, live and dead fuel moisture levels, energy release components, atmospheric
conditions, degraded air quality, and limited availability of suppression resources, have created a
potential threat of fire or public safety hazards within the City.
(b) The Stage 1 restrictions imposed by this Article shall take effect immediately upon the
issuance of an administrative order executed by the City Manager, and shall remain in effect until
rescinded by a similar order. The City Manager shall notify the City Council within twenty-four
(24) hours after the issuance of such administrative order. The authority granted under this Article
is ongoing, and administrative orders may be issued from time to time as conditions warrant.
Sec. 9-2524. Stage 1 fire restrictions/prohibited and permitted acts.
(a) The following activities are prohibited when Stage 1 fire restrictions are in place:
(1) open burning of any kind without a permit from the Poudre Fire Authority;
(2) open discarding of cigarettes and smoking materials;
(3) welding or the operation of torches with open flame in outdoor areas, including public
parks, greenbelts, open spaces and trail systems without a permit;
(4) operating or using any internal combustion engine (e.g., chainsaw) without a spark
arresting device properly installed, maintained and in effective working order; and
(5) operating any pest control equipment which relies upon the ignition of flammable gases or
liquids.
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(b) The following activities are permitted when Stage 1 fire restrictions are in place:
When Stage 1 fire restrictions are in place it shall be unlawful for any person to start, build,
maintain, attend, or use an open fire or conduct open burning on public, private, state or federal
lands within the City, except for the following activities:
(1) fires within liquid-fueled or gas-fueled appliances, including portable fireplaces, fire pits,
grills, smokers, and camp stoves, portable heaters, and tiki torches; fireplaces within
buildings; charcoal grill fires within developed residential or commercial areas; fires within
wood-burning stoves and fires in permanently constructed, liquid-fueled or gas-fueled
stationary masonry or metal fireplaces specifically designed for the purpose of combustion;
(2) fires specifically authorized by a permit issued by the Fire Code Official, including
permitted professional fireworks displays;fires using clean, dry untreated wood, wood
pellets, or charcoal within portable, solid-fuel burning fireplaces, fire pits, chimineas or
other containers that are approved for such use and used for non-commercial or recreational
purposes; and solid-fuel grills or food smokers (commercial or non-commercial);
(3) smoking within an enclosed vehicle or building, a developed recreation site where smoking
is permitted, or in an area at least three (3) feet in diameter cleared of all flammable
materials;
(34) fire department training fires;
(4) tiki torches; small recreational fires at developed picnic or campground sites contained in
permanent fire pits or fire grates having a total fuel area of three (3) feet or less in diameter
and two (2) feet or less in height and which are supervised by a responsible person at least
twenty-one (21) years of age;
(5) open fires or open burning by any federal, state or local officer or member of an organized
fire protection district or department in the performance of official fire suppression
functions; and
(6) wood-, gas- or liquid-fueled commercial cooking or smoking appliances when used for
commercial food preparation. welding or other torches with an open flame, so long as
conducted in an area at least ten (10) feet in diameter cleared of all flammable materials, and
while in possession of a chemical pressurized fire extinguisher; and
(7) fires specifically authorized by a permit issued by Larimer County and approved by the
Fire Code Official, or issued by the Fire Code Official, including permitted agricultural burning
and professional fireworks displays.
(c) It shall be unlawful for any person to start, build, maintain, attend or use an open fire or
conduct open burning in violation of the prohibitions of Stage 1 fire restrictions in the City,
including public, private, state and federal lands, while such restrictions are in effect.
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Sec. 9-265. Declaration of Stage 2 fire restrictions.
(a) Stage 2 fire restrictions are the highest level of fire restrictions within the City. The City
Manager may declare Stage 2 fire restrictions in the City, after consultation with the Fire Code
Official, if he or she determines they determine that the totality of circumstances, including, but
not limited to, current weather conditions, long- and short-term weather forecasts, lack of
precipitation, fire restrictions in neighboring communities, regional fires and/or fires in close
proximity to the City, live and dead fuel moisture levels, energy release components, atmospheric
conditions, degraded air quality, and limited availability of suppression resources have created an
imminent threat of fire or public safety hazards within the City.
(b) The Stage 2 restrictions imposed by this Article shall take effect immediately upon the
issuance of an administrative order executed by the City Manager, and shall remain in effect until
rescinded by a similar order. The City Manager shall notify the City Council within twenty-four
(24) hours after the issuance of such administrative order. The authority granted under this Article
is ongoing, and administrative orders may be issued from time to time as conditions warrant.
Sec. 9-267. Stage 2 fire restrictions/prohibited and permitted acts.
(a) The following activities are prohibited when Stage 2 fire restrictions are in place:When
Stage 2 fire restrictions are in place it shall be unlawful for any person to start, build, maintain,
attend or use any open fire or conduct open burning of any kind on public, private, state or federal
lands within the City, with or without a permit, including fires in outdoor, solid-fuel burning
fireplaces, fire pits, chimineas or other solid-fuel burning containers (approved or unapproved),
except for the following activities:
(1) all fires prohibited under Subsection 9-24(a);
(2) open burning of any kind;
(3) charcoal grill fires within developed residential or commercial areas;
(4) burning of explosive wastes by the manufacturer of explosives in areas zoned for industrial
use, when the burning is supervised by a fire protection district;
(5) use of or fires in chimneys, other portable fireplaces or patio fire pits (which are not liquid-
or gas-fueled); and
(6) campfires at developed campgrounds or picnic areas.
(b) The following activities are permitted when Stage 2 fire restrictions are in place:
(1) fires within liquid-fueled or gas-fueled appliances, including portable fireplaces or fire pits,
grills, smokers, and camp stoves, portable heaters, and tiki torches; and fires in permanently
constructed, liquid-fueled or gas-fueled stationary masonry or metal fireplaces specifically
designed for the purpose of combustion;
(2) use of all fireplaces and wood-burning stoves within buildings; fires in wood pellet-
fueled grills or smokers at private one- and two-family residences;
(3) smoking within an enclosed vehicle, trailer or building;
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(4) welding or operating an acetylene torch within an enclosed building;
(35) fire department training fires;
(46) open fires or open burning by any federal, state or local officer or member of an
organized fire protection district or department in the performance of official fire
suppression functions; and
(57) solidwood-, gas- or liquid-fueled commercial cooking or smoking appliances when
used for commercial food preparation after review and approval of the Fire Code Official.
Sec. 9-28. Notice of fire restrictions.
Notice of Stage 1 or Stage 2 fire restrictions may be given by the best means available including
press release, notification to public safety agencies, or such other means as the City Manager
determines is appropriate under the circumstances.
Sec. 9-29. Temporary suspension of permitted open burns.
(a) The Fire Code Official has authority to issue burn permits for certain activities as
described in Poudre Fire Authority policies, including, but not limited to, fireworks, flame effects
and use of explosives. The Fire Code Official also has the authority to approve, deny or condition
burn permits issued by Larimer County for activities within the City of Fort Collins. The Fire
Code official may temporarily suspend the exercise of an issued burn permit within the City of
Fort Collins, including agricultural burning, due to high fire danger concerns on a particular day
in the absence of, or in addition to, the issuance of Stage 1 or Stage 2 fire restrictions.
(b) Conditions that may trigger a suspension of open burning permits for a given day in the
absence of a Stage 1 or Stage 2 fire restrictions declaration include either one or both of the
following:
(1) Predicted winds in excess of 10 mph;
(2) High fire danger as defined by Poudre Fire Authority policies and procedures.
(c) Burn permittees are required to contact Fort Collins 911 dispatchers the morning of a
planned burn. Based on forecast conditions for one or more days, the Fire Code Official may
notify Fort Collins 911 dispatchers to instruct any open burn permittees that they may not burn
within Fort Collins City limits due to high fire danger concerns on that day.
(d) It shall be unlawful for any person with an open burning permit issued or approved by the
Fire Code Official to start, build, maintain, attend or use an open fire or conduct open burning in
the City, including public, private, state and federal lands, during a suspension of open burning
permits.
(c) It shall be unlawful for any person to start, build, maintain, attend or use an open fire or
conduct open burning in violation of the prohibitions of Stage 2 fire restrictions in the City,
including public, private, state and federal lands, while such restrictions are in effect.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Jacob Castillo, Chief Sustainability Officer
Ted Hewitt, Legal
SUBJECT
Resolution 2023-048 Authorizing the Assignment of the City’s 2023 Private Activity Bond Allocation
to Housing Catalyst and Colorado Housing and Finance Authority for CARE Housing to Finance
the Construction and Rehabilitation of Affordable Homes.
EXECUTIVE SUMMARY
The purpose of this item is to support the new construction and rehabilitation of affordable housing at
several locations in the City by assigning the City’s 2023 Allocation of Private Activity Bond (PAB) capacity.
PAB capacity is required for development projects using 4% Low-Income Housing Tax Credit financing.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The State of Colorado Private Activity Bond (PAB) allocation program is established by the Colorado
Private Activity Bond Ceiling Allocation Act, Colorado Revised Statutes Section 24-32-1707, et seq., (the
Allocation Act). PABs are tax-exempt bonds that can be issued by eligible authorities. The proceeds of the
sale of the bonds must be used for specific purposes as determined by the federal Internal Revenue
Service. Permitted purposes include, but are not limited to, affordable housing development and
rehabilitation which is the City’s prioritized use. Historically, PAB financing has also been used by the City
for economic and industrial development purposes.
In 2023, the total PAB capacity amount available statewide is $700,791,120. Fifty percent of the state
ceiling is allocated directly to statewide authorities and the other half is allocated directly to local
governments based on population size. The City has been notified that, pursuant to Section 24-32-1706 of
the Allocation Act, its allocation from the state for 2023 is $10,289,735 (Attachment 2). PAB capacity is
merely the authority to take on tax exempt debt and is not an allocation of funding. The City will not incur
debt by assigning this allocation and this will not affect the City's credit rating. If a local government does
not issue bonds or assign the bond cap to an eligible entity for a local project or projects by September 15
annually, the City allocation automatically reverts to the state’s pool of available bond capacity.
The Colorado Housing and Finance Authority (CHFA) offers a 4 percent Low Income Tax Credit Program
which is a financing mechanism for the development and rehabilitation of affordable housing. CHFA
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Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
requires these types of financing deals to include private activity bonds. Historically, Fort Collins had
assigned its annual allocation on a first come, first served basis. From 2009 through 2012, the Fort Collins
allocation was not used locally and therefore reverted to the state’s pool of available bond capacity. Since
2013, the City has assigned its full allocation to Housing Catalyst (HC) the Fort Collins Housing Authority,
and/or to CHFA for the rehabilitation or construction of affordable rental housing units. Both of these entities
have bond issuing authority.
In 2018, the City implemented an application process for requesting the City’s annual allocation of PAB.
The guidelines are set forth in the City’s General Financial Policies. Applications are due annually by March
15 and are reviewed by the City PAB committee. Finance policy states that the following factors be
considered when making a recommendation for allocation of PAB capacity:
How well the project meets the land use, economic development and/or affordable housing goals of
the City;
Project feasibility and timing;
Leverage of other investment into the project;
Maintenance of or increase in local tax base;
Competing uses for the City’s allocation;
Whether the City’s allocation should be used in multiple projects; and
Whether the application should be considered by any City board or commission.
This year the City received three (3) requests (attached) for more than twice as much available PAB
capacity which are summarized as follows:
Applicants Project Location Amount Requested
CARE Housing Heartside Hill Fort Collins $ 4,000,000
Housing Catalyst Pipeline (Montava) Fort Collins $ 6,289,735
Steele Properties Weatherstone Apartments Aurora $10,289,735
Total Requests $20,579,470
Available PAB Cap $10,289,735
CARE Housing is seeking $4.0 million in PAB Capacity to add to the previously secured $16.1 million
already committed to the project by CHFA. This will provide the Heartside Hill Apartments project with the
remaining PAB capacity required to finance the construction of 72 new affordable rental apartments
(Location Map for Heartside Hill).
Housing Catalyst is seeking $6,289,735 in PAB capacity for their pipeline of qualifying projects, which may
include affordable housing at Montava, a proposed development in the northeast quadrant of the City
(Location Map for Montava). As the City’s housing authority, it is Housing Catalyst’s mission to provide
affordable rental homes to the City’s residents. Housing Catalyst has several projects in the planning
stages that will require PAB for financing. Once allocated to Housing Catalyst, the PAB cap can be carried
over for up to three (3) years. Housing Catalyst typically pursues a low-income housing tax credit
application at least every other year. CHFA has set a limit of no more than $175,000 of PAB cap per unit.
This year’s request would support at least 36 affordable homes. Since the project’s Housing Catalyst is
planning about 100 units each, PAB cap must be built up over several years to meet the needs of the
pipeline of projects.
Steele Properties is seeking $10,289,735 in PAB capacity to be assigned to the Aurora Housing Authority
for the rehabilitation of the Weatherstone Apartments located in Aurora, Colorado. This 204-unit community
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Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
needs substantial renovation. The project will require a total of $34.0 million in PAB capacity and has
received $7.5 million to date (Location Map for Weatherstone).
City PAB Committee’s Findings
The City’s PAB committee, made up of staff representatives from Social Sustainability, Economic Health
and Finance departments, met and considered the three (3) applications and made the following findings:
The committee decided that adding restricted housing to the City’s affordable housing inventory is a
current City priority.
Leverage of other investments was considered. Applications for projects that already have some PAB
committed were credited with leveraging. This year, all applications demonstrated leverage.
The Committee favored using the 2023 allocation in multiple projects.
The Committee considered how much of an impact the City’s $10,289,735, or a portion thereof, would
make on the proposed development projects.
Lastly, the Committee decided to bring recommendations to the Affordable Housing Board.
City PAB Committee’s Recommendations
Based on the criteria listed in the Finance Policy and the City’s affordable housing goals, the Committee
recommends approving two applications allocating the City’s 2023 PAB capacity as follows:
$4.0 million in PAB cap to be assigned to CHFA for CARE Housing’s Heartside Hill Apartments
$6,289,735 in PAB cap to be assigned to Housing Catalyst for new construction or rehabilitation
projects in Fort Collins
This prioritizes local needs, supports multiple projects, and leverages other investments.
Staff requests that Council consider a resolution assigning the 2023 PAB Allocation to Housing Catalyst
and to CHFA to allow these agencies to issue bonds for qualifying projects. Additionally, the City will enter
into Assignment of Allocation Agreements with the issuers to complete the transaction.
CITY FINANCIAL IMPACTS
The City will not issue Private Activity Bonds and the bonds will not be the obligations of the City. The debt
service on the bonds will be repaid from revenue generated by the housing developments and does not
constitute a debt of the City. This action will not affect the City's credit rating. The construction of new units
and the rehabilitation of existing housing stock will require goods and labor which will benefit the local
economy.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Affordable Housing Board considered this request at their May 2023 meeting and supports the PAB
Committee’s recommendation.
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Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
PUBLIC OUTREACH
The Affordable Housing Board heard this matter at their remote May meeting which was open to the public.
The process to seek PAB capacity is detailed on the Social Sustainability Department’s web page and the
guidelines are set forth in the City’s General Financial Policies.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Exhibit B to Resolution
4. City Allocation Letter
5. Care Housing Request Letter
6. Housing Catalyst Request Letter
7. Steele Properties Request Letter
8. Heartside Hill Site Location Map
9. Montava Site Location Map
10. Weatherstone Site Location Map
11. Draft Affordable Housing Board Minutes, May 4, 2023 (Excerpt)
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Item 14.
-1-
RESOLUTION 2023-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ASSIGNMENT OF THE CITY’S 2023 PRIVATE ACTIVITY
BOND ALLOCATION TO HOUSING CATALYST AND COLORADO HOUSING AND
FINANCE AUTHORITY FOR CARE HOUSING TO FINANCE THE CONSTRUCTION
AND REHABILITATION OF AFFORDABLE HOMES
WHEREAS, the City of Fort Collins is authorized and empowered under the laws of the
State of Colorado (the “State”) to issue revenue bonds for purposes including the financing of
multi-family rental housing projects for low- and moderate-income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the “Code”), restricts the
amount of tax-exempt bonds (“Private Activity Bonds” or “PAB”) which may be issued in the
State (the “State Ceiling”); and
WHEREAS, pursuant to the Code, the Colorado General Assembly adopted the Colorado
Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised
Statutes (the “Allocation Act”), providing for the allocation of the State Ceiling among various
State and local governmental units, and further providing for the assignment of such allocations
from such governmental units to any entity or person with the authority to issue bonds; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation Act, the
City has received a direct allocation of the 2023 State Ceiling for the issuance of Private Activity
Bonds in the aggregate principal amount of $10,289,735 (the “2023 Allocation”); and
WHEREAS, if the City does not issue bonds or assign its annual allocation to another entity
by September 15 of each year, its allocation is relinquished to the statewide balance; and
WHEREAS, the City received seeking applications for the 2023 Allocation from three
entities: Housing Catalyst; CARE Housing; and Steele Properties; and
WHEREAS, the City’s PAB Committee considered the applications and recommends
assigning the 2023 Allocation to Housing Catalyst and CARE Housing in the amounts requested
by those two entities pursuant to Section 24-32-1706 of the Allocation Act; and
WHEREAS, Housing Catalyst proposes using $6,289,735 of the 2023 Allocation to
develop at least 36 affordable rental homes within the City of Fort Collins (the “Housing Catalyst
Projects”); and
WHEREAS, CARE Housing proposes using $4,000,000 of the 2023 Allocation through
the Colorado Housing and Finance Authority (“CHFA”), along with $16,100,000 of previously
secured funds from the CHFA, to develop 72 new affordable rental apartments at Heartside Hill
(the “CARE Housing Projects”); and
WHEREAS, CARE Housing, through CHFA, and Housing Catalyst have each expressed
its willingness to attempt to issue Revenue Bonds in the amounts proposed; and
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Item 14.
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WHEREAS, the City Council finds that the 2023 Allocation can be utilized most efficiently
by assigning it to CARE Housing, through CHFA, and Housing Catalyst and to issue Private
Activity Bonds for financing the Projects, and that such assignment will advance the City’s
objective of increasing the availability of adequate affordable housing for low- and moderate-
income persons and families within the City; and
WHEREAS, the Council wishes to assign the 2023 Allocation to Housing Catalyst and
CARE Housing, which assignments are to be evidenced by an Assignment of Allocation #1 to
Housing Catalyst and Assignment of Allocation #2 to CARE Housing, through CHFA; and
WHEREAS, a draft of the proposed Assignment of Allocation #1 is attached as Exhibit
“A” and incorporated herein by reference and a draft of the proposed Assignment of Allocation #2
is attached as Exhibit “B” and incorporated herein by reference.
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 approves assignment to Housing Catalyst of
$6,289,735 of the City’s 2023 Allocation for the Housing Catalyst Projects as described herein.
Section 3. That the City Council hereby approves assignment to CARE Housing,
through CHFA, of $4,000,000 of the City’s 2023 Allocation for the CARE Housing Projects as
described herein.
Section 4. That the City Council hereby authorizes the Mayor to execute an
Assignment of Allocation with Housing Catalyst in substantially the form attached as Exhibit “A”
and an Assignment of Allocation with CARE Housing, through CHFA, in substantially the form
attached as Exhibit “B,” along with such other terms and conditions as the City Manager, in
consultation with the City Attorney, determines are necessary or appropriate to protect the interests
of the City or effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
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Item 14.
EXHIBIT A TO RESOLUTION 2023-048
ASSIGNMENT OF ALLOCATION #1
THIS ASSIGNMENT (the “Assignment”), dated ________ , 2023 is between the
City of Fort Collins, Colorado, a municipal corporation (the “Assignor”), and Housing Catalyst, a
body corporate and politic (the “Assignee”).
RECITALS
A. The Assignee intends to finance the construction of not less than 36 rental homes
within the City of Fort Collins, all for households with incomes ranging from 30% to 80% of area
median income, and consistent with the objectives outlined in the City’s Housing Strategic Plan
(collectively, the “Projects”.) The Projects will each be designed to qualify as a “project” within
the meaning of Title 29, Article 4, Part 2, Colorado Revised Statutes, as amended (the “Act”).
B. The Assignee intends to provide for the issuance of its Multifamily Housing
Revenue Bonds (the “Proposed Bonds”), pursuant to the provisions of the Act for the purpose of
financing the Projects.
C. The Assignee has requested that the Assignor assign to the Assignee $6,289,735 of
the Assignor’s 2023 allocation (the “Allocation”) under the bond ceiling for the State of Colorado
and its issuing authorities (“the State Ceiling”) computed under Section 146(d) of the Internal
Revenue Code of 1986 (the “Code”) as provided for the Assignor as a “designated local issuing
authority” under part 17 of article 32 of title 24, Colorado Revised Statutes (the “Allocation Act”),
for use in connection with the financing of the Projects.
D. Subject to the terms and conditions set forth herein, the Assignor desires to assign
to the Assignee, and the Assignee desires to accept, such Allocation from the State Ceiling.
ASSIGNMENT
In exchange for the agreements set forth herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The Assignor hereby assigns and transfers to the Assignee $6,289,735 of the
Assignor’s 2023 Allocation from the State Ceiling for private activity bonds. The Assignor and
the Assignee understand that such assigned allocation shall automatically be relinquished to the
“Statewide Balance” as defined under the Allocation Act unless (a) the Proposed Bonds are issued
by the Assignee on or before September 15, 2023, or (b) Section 24-32-1706(3)(c), C.R.S., applies.
2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
3. The Assignee hereby:
(a) accepts the assignment of the Assignor’s Allocation from the State Ceiling
described above;
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Item 14.
2
(b) agrees to use its best efforts to issue and use the Proposed Bonds for the
purpose of financing the Projects; and
(b) agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of such Allocation.
4. The Assignor hereby consents to the election by the Assignee, if the Assignee in its
discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation
for a project with a carryforward purpose.
5. This Assignment shall not constitute a debt or indebtedness or financial obligation
of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give
rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor.
[The remainder of this page is intentionally left blank]
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Item 14.
EXHIBIT A TO RESOLUTION 2023-048
[Signature Page to Assignment of Allocation]
S-1
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to
be executed to be effective as of the date and year first written above.
CITY OF FORT COLLINS, COLORADO,
as Assignor
____________________________________
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
City Clerk Assistant City Attorney
____________________________ _______________________________
(print name) (print name)
HOUSING CATALYST, as Assignee
By: ________________________________
Its: ________________________________
ATTEST:
By: ________________________________
Its: ________________________________
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Item 14.
EXHIBIT B TO RESOLUTION 2023-048
ASSIGNMENT OF ALLOCATION #2
THIS ASSIGNMENT (the “Assignment”), dated ________ , 2023 is between the
City of Fort Collins, Colorado, a municipal corporation (the “Assignor”), and the Colorado
Housing and Finance Authority, a body corporate and political subdivision of the State of Colorado
(the “Assignee”).
RECITALS
A. The Assignee intends to facilitate Community Affordable Residences Enterprise,
Inc.’s, a Colorado nonprofit corporation (dba CARE Housing) financing of the construction of 72
rental apartments within the City of Fort Collins at the Heartside Hill Apartments, all for
households with incomes ranging from 30% to 80% of area median income, and consistent with
the objectives outlined in the City’s Housing Strategic Plan (collectively, the “Projects”.) The
Projects will each be designed to qualify as a “project” within the meaning of Title 29, Article 4,
Part 2, Colorado Revised Statutes, as amended (the “Act”).
B. The Assignee intends to provide for the issuance of its Multifamily Housing
Revenue Bonds (the “Proposed Bonds”), pursuant to the provisions of the Act for the purpose of
financing the Projects.
C. The Assignee has requested that the Assignor assign to the Assignee $4,000,000 of
the Assignor’s 2023 allocation (the “Allocation”) under the bond ceiling for the State of Colorado
and its issuing authorities (“the State Ceiling”) computed under Section 146(d) of the Internal
Revenue Code of 1986 (the “Code”) as provided for the Assignor as a “designated local issuing
authority” under part 17 of article 32 of title 24, Colorado Revised Statutes (the “Allocation Act”),
for use in connection with the financing of the Projects.
D. Subject to the terms and conditions set forth herein, the Assignor desires to assign
to the Assignee, and the Assignee desires to accept, such Allocation from the State Ceiling.
ASSIGNMENT
In exchange for the agreements set forth herein and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. The Assignor hereby assigns and transfers to the Assignee $4,000,000 of the
Assignor’s 2023 Allocation from the State Ceiling for private activity bonds. The Assignor and
the Assignee understand that such assigned allocation shall automatically be relinquished to the
“Statewide Balance” as defined under the Allocation Act unless (a) the Proposed Bonds are issued
by the Assignee on or before September 15, 2023, or (b) Section 24-32-1706(3)(c), C.R.S., applies.
2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
3. The Assignee hereby:
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Item 14.
2
(a) accepts the assignment of the Assignor’s Allocation from the State Ceiling
described above;
(b) agrees to use its best efforts to issue and use the Proposed Bonds for the
purpose of financing the Projects; and
(b) agrees to abide by each of the terms and conditions of this Assignment in
connection with the use of such Allocation.
4. The Assignor hereby consents to the election by the Assignee, if the Assignee in its
discretion so decides, to treat all or any portion of the assignment set forth herein as an allocation
for a project with a carryforward purpose.
5. This Assignment shall not constitute a debt or indebtedness or financial obligation
of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give
rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor.
[The remainder of this page is intentionally left blank]
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Item 14.
EXHIBIT B TO RESOLUTION 2023-048
[Signature Page to Assignment of Allocation]
S-1
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to
be executed to be effective as of the date and year first written above.
CITY OF FORT COLLINS, COLORADO,
as Assignor
____________________________________
Jeni Arndt, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
City Clerk Assistant City Attorney
____________________________ _______________________________
(print name) (print name)
COLORADO HOUSING AND FINANCE
AUTHORITY, as Assignee
By: ________________________________
Its: ________________________________
ATTEST:
By: ________________________________
Its: ________________________________
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Item 14.
Governor Jared S. Polis | Rick M. Garcia, Executive Director | Alison George, Division Director
1313 Sherman St., Room 320, Denver, CO 80203
P 303.864.7810 F 303.864.7857 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
January 14, 2023
Randy Bailey, Controller
City of Fort Collins
City Hall
300 Laporte Ave.
Fort Collins, CO 80521
Re: 2023 Private Activity Bond Allocation of $10,289,735
Dear Mr. Bailey:
I hereby certify that the above amount will be allocated to the respective local government for
the purpose of issuing Private Activity Bonds (PAB) in 2023 under the state ceiling imposed by
the Internal Revenue Code of 1986, as amended.
In accordance with the provisions of C.R.S. 17-32-1709.5, a fee on bonds issued is due to DOLA
for the portion of each issuance that originated from a direct allocation. The amount of this fee is
subject to revision, but is currently 0.027% of bonds issued. This fee is also due within five
working days of the bond closing. In the event that the full allocation amount is not issued, or
the fee rate changes, the fee will be recalculated to reflect the actual amount issued and the rate
in effect at the time of closing.
If you have any questions, please contact Wayne McClary at (303) 864-7819 or
wayne.mcclary@state.co.us.
Sincerely,
Rick M. Garcia
Executive Director
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Item 14.
1303 W. Swallow Road Bldg. 11, Fort Collins, CO 80526
www.carehousing.org (970)282-7522 or TTY (800)659-2656
City of Fort Collins Private Ac�vity Bonds Request
March 15, 2023
Applicant Informa�on:
CARE Housing
1303 West Swallow Road, Bldg. 11
Fort Collins, CO 80526
Contact: Kim Iwanski, Director of Housing Development
970-218-1829, kiwanski@carehousing.org
Amount requested
CARE Housing is reques�ng $4 million in Private Ac�vity Bonds for the construc�on of Heartside Hill
Apartments. This project has previously secured $16.1 million in Private Ac�vity Bonds from the State of
Colorado through the Colorado Housing and Finance Authority.
Bond counsel contact informa�on
Cory Kalanick
Sherman and Howard LLC
675 Fi�eenth Street, Suite 2300, Denver, Colorado 80202
Direct: 303.299.8373 | Main: 303.297.2900
ckalanick@shermanhoward.com
Descrip�on of applicant’s local projects and history of opera�ons
CARE Housing is Northern Colorado’s largest local, private nonprofit affordable rental housing developer
and housing service provider. During its 30 years in business, CARE has developed seven affordable
housing communities in Northern Colorado, providing homes to over 950 individuals, half of whom are
children. Six of those communities are in Fort Collins and one is in Windsor.
Fort Collins projects:
Greenbriar (1994): New construc�on, 40 units
Swallow (1996): New construc�on, 40 units
Eagle Tree (1998): New construc�on, 36 units
Windtrail (2001): New construc�on, 50 units
Fairbrooke Heights (2002): New construc�on, 36 units
Provincetowne Green (2011): New construc�on, 85 units
Swallow Road Apartments Acquisi�on and Rehab (2022): Rehabilita�on 84 units (44 acquired from
Housing Catalyst in 2021)
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Item 14.
1303 W. Swallow Road Bldg. 11, Fort Collins, CO 80526
www.carehousing.org (970)282-7522 or TTY (800)659-2656
Number of years doing business in the State of Colorado and a Cer�ficate of Good Standing from the
Secretary of State’s office
CARE Housing has been in business in Colorado for 30 years. Atached is our Cer�ficate of Good
Standing.
Descrip�on of assets to be purchased or constructed
This request is to help fund the construction of a multifamily rental community for people who struggle
to find affordable housing in Fort Collins. CARE Housing, Inc. (CARE) is in the final development review
process for the construction of Heartside Hill Apartments (HHA)— a 72-unit apartment community that
will anchor a neighborhood campus in southeast Fort Collins.
HHA will be configured as 6 mul�family, 3-story, 12-plex buildings The buildings are designed for energy
efficiency to meet Enterprise Green Communi�es standards (EGC), Zero Energy Ready Homes
cer�fica�on requirements (ZERH), Fort Collins 2021 Building Code, and Fort Collins Integrated Design
Assistance Program (IDAP) metrics. All buildings will be “Electrifica�on ready” to comply with local code
standards and could atain "net zero" energy input with the addi�on of photovoltaic (PV) electricity
genera�on.
The apartments will be built with durable and allergen-friendly materials, as well as energy efficient and
low-water systems. Other ameni�es will include covered bicycle storage, community Wi-Fi,
washers/dryers in each home and a residen�al clubhouse.
Explana�on of how the project aligns with City objec�ves
The 2021 Housing Strategic Plan sets an ambi�ous vision that everyone in Fort Collins has healthy, stable
housing they can afford. Heartside Hill Apartments is one more step towards achieving that goal by
adding 72 affordable rental units. The unit mix includes 1-bedroom, 2-bedroom, 3-bedroom and 4-
bedroom homes, to provide homes for a range of household sizes.
CARE is the master developer for the Heartside Hill campus. This campus will provide a diversity of
housing options to meet a range of affordable housing needs. This includes multifamily rentals;
single-family homes for low-income buyers; and homes for adults with intellectual and developmental
disabili�es.
This development promotes inclusivity, housing diversity, and affordability as outlined in the Housing
Strategic Plan. The apartment homes are targeted to people with household incomes between 30%-60%
of the area median income. The monthly rent will equate to approximately 30% of a household’s income.
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Item 14.
1303 W. Swallow Road Bldg. 11, Fort Collins, CO 80526
www.carehousing.org (970)282-7522 or TTY (800)659-2656
To enhance the well-being of all residents, Heartside Hill’s campus will offer outdoor play areas for
children, walking paths, gathering spaces, and community gardens. Addi�onally, a community center
will offer a resident clubhouse with flexible space for community gatherings, along with early
childhood education, youth services and additional support services to onsite residents and the
surrounding neighborhoods.
To support each family in their emo�onal, physical, and financial stability, CARE Housing provides
housing stability services for families when needed. These services will be available to residents of
Heartside Hill. These services include an Evic�on Preven�on Program (EPP)and an emergency rent
assistance program, the Sister Mary Alice Legacy Fund. The resident services program also helps
residents navigate other resources in the community and partners closely with other local organiza�ons
to do so.
Number of housing units and target demographics
Heartside Hill Apartments will provide 72 affordable rental homes to people earning below 60% of the
area median income. With a mix of units ranging from 1-4 bedrooms, this property will serve individuals
with disabili�es, single adults, seniors, and families. CARE will partner with Housing Catalyst to provide
16 project-based vouchers (PBV) to help deepen the affordability for residents with (5) 30% AMI units,
(8) 40% AMI units, and (3) 50% AMI units.
The breakdown in overall target income levels is as follows:
5 units at 0-30% AMI
16 units at 31-50% AMI
51 units at 51-60% AMI
Statement from bond counsel that project is eligible for Private Ac�vity Bonds
Atached is a leter of bond qualifica�on from our bond counsel.
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Item 14.
March 15, 2023
Beth Yonce
Director of Social Sustainability
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
RE: Request for assignment of 2023 Private Activity Bonding Authority
Dear Ms. Yonce:
Housing Catalyst respectfully requests assignment from the City of Fort Collins’ 2023 Private
Activity Bond (PAB) cap for the purpose of affordable housing development. As the primary
developer and operator of affordable housing in Northern Colorado, Housing Catalyst intends to
utilize this authorization to further expand affordable housing opportunities within the City of Fort
Collins.
As a quasi -governmental entity formed under the state housing statute, Housing Catalyst will be
the direct issuer of bonds utilizing the PAB allocation. Therefore, the City of Fort Collins will not be
required to provide assistance, nor incur any costs associated with the utilization of the authorized
PAB cap.
Housing Catalyst contact information for this request:
Kristin Fritz, Chief Real Estate Officer
415-531-5617 / kfritz@housingcatalyst.com
1715 W. Mountain Ave.
Fort Collins, CO 80521
Amount of Allocation Requested: $6,289,735
Housing Catalyst is requesting $6,289,735 of the City of Fort Collins’ 2023 PAB allocation. The 2023
award from the City of Fort Collins will be used to fulfill the PAB requirements for qualifying
pipeline projects, which may include affordable housing at Montava. Housing Catalyst is aware
that CARE Housing currently need s an additional $4 million in PAB cap from the City of Fort Collins
for their current project. To foster local partnerships and ensure the greatest benefit to the
community, Housing Catalyst is therefore requesting the balance of the City’s 2023 allocation.
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Item 14.
Once the PAB cap is allocated to Housing Catalyst, it can be carried over or maintained for 3 years
to allow for its utilization in an approved project. Housing Catalyst maintains a robust dev elopment
pipeline to continue to address the significant need for affordable housing in the community. Any
PAB allocation awarded to Housing Catalyst will be utilized to meet this need, either through
partnerships or Housing Catalyst’s own pipeline of new construction and preservation projects.
CHFA has limited PAB per unit to no more than $175,000. Utilizing this calculation, the $6.289
million we are requesting will support 36 affordable housing units. The typical size of Housing
Catalyst’s pipeline projects is 100 units, so we are requesting allocations now to build enough cap
to meet the need s of the pipeline in the future.
PAB Awards for Qualified Affordable Housing Projects
• PAB Awarded in 2022: $15,230,059 from City of Fort Collins and Larimer County
• PAB Awarded in 2021: $14,998,888 from City of Fort Collins and Larimer County
Over the past 10 years, Housing Catalyst has developed/preserved over 625 affordable housing
units utilizing PAB cap from the City of Fort Collins, Larimer County, and the State of Colorado.
All PAB awarded to Housing Catalyst will be used for current and future affordable housing
pipeline projects.
Bond Counsel Firm:
Gilmore & Bell, P.C.
15 West South Temple, Suite 250
Salt Lake City, UT 84101
Principal Contact: Ryan Warburton
801-258-2726 / rwarburton@gilmorebell.com
Description of Applicant’s Local Projects and History of Operations: See Attachment A
Number of Years Entity has been doing business in State of Colorado: 51 years
Certificate of Good Standing:
Housing Catalyst was originally formed as the Housing Authority of the City of Fort Collins in 1971
under state statute. As a result, this legal entity does not maintain a corporate filing with the
Colorado Secretary of State office and therefore is not required to maintain a Certificate of Good
Standing under that entity.
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Item 14.
Description of Assets to be Purchased or Constructed:
Housing Catalyst consistently develops affordable housing units at 30% - 80% AMI and maintains a
robust development pipeline to continue to address significant demand for affordable housing in
Fort Collins and Larimer County. Selection criteria for projects and partnerships prioritize:
• Creating new affordable housing or preserves or sustains existing affordable housing at
risk of being lost or adversely affected ,
• Including households that earn 30-50% of Area Median Income (AMI),
• Serving special needs populations, such as elderly or persons with disabilities, in all or
some units,
• Securing long-term or permanent affordability, and
• Protecting and utilizing local funding resources wisely
Housing Catalyst has been in conversations with the developers of Montava over the last several
years and has planned on developing the affordable housing component of the project . Recently,
Housing Catalyst learned more about the risks and barriers for a tax credit development in
Montava’s selected affordable housing location, which is above the grocery store. This structure
requires that Housing Catalyst and the Tax Credit Partnership assum e the full financial risk
associated with the cost and development of both the grocery store and the housing component.
This would not be an acceptable risk for LIHTC funders and investors and is not in alignment with
Housing Catalyst’s core mission. While Montava does not have an interest in considering other
locations for the affordable housing development, there may be some opportunity for a different
partnership structure that will still involve Housing Catalyst at this location, and discussions about
the possibilities are still in the early stages.
See Attachment B for more project information.
Explanation of how project aligns with City objectives:
Housing Catalyst is the primary affordable housing provider, developer, and operator in the City of Fort
Collins and is a public housing authority formed under state statute. All projects of Housing Catalyst
align with the objectives outlined in the City of Fort Collins 2021 Housing Strategic Plan.
Largely, Housing Catalyst upholds an objective to assist all affordable housing deals in Northern
Colorado to come to fruition. This assistance is achieved in several ways, including education,
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tracking and prioritizing developments, providing technical expertise in development and financing,
and issuing PAB on their behalf.
Number of Housing Units and Target Demographics:
There is a significant shortage of affordable housing units in the community with 99% of the
affordable housing units in the area occupied. According to a recently conducted market analysis
for Housing Catalyst, there is significant demand for additional family LIHTC rental housing in the
area, as evidenced by the low vacancy rates; lengthy waitlists and wait times up to 4 years; the
projected renter household growth; and the relatively limited supply of new family LIHTC units in
the local development pipeline.
As a mission-driven real estate developer, Housing Catalyst forges public-private partnerships to
build and preserve affordable homes to meet the vast and growing need in our community. Our
goal is to strategically increase the supply of affordable housing, through new development,
preservation, acquisitions, and partnerships. With affordable housing real estate development
experience span ning more than 15 years and including both new construction and rehabilitation,
we use a Triple Bottom Line model to build healthy and sustainable affordable communities. Our
development portfolio includes 961 affordable units in 10 developments financed with Low
Income Housing Tax Credits, private activity bonds, and other local, state and federal funding
sources. An award of the 2023 City of Fort Collins PAB capacity will assist Housing Catalyst in
continuing to develop and preserv e affordable units.
Housing Catalyst provides more than a place to live. Our goal is to support residents of all ages for
long-term stability. Through our Resident Services Program, we provide direct services and
connections to local resources that are vital in supporting our residents. We work with dozens of
other nonprofits, service providers and initiatives in our community to expand our residents’
opportunities and help them reach their educational, employment and economic goals. Our
programs focus on four areas:
• Stability: We work with residents on their various needs to ensure they can remain in their
homes.
• Health and Wellness: We provide a range of activities to support our residents’ mental,
physical and social wellbeing.
• Education: We support our resident parents and their children in achieving success at school.
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• Community Engagement: We organize activities to cultivate community bonds and nurture a
sense of belonging.
Statement from Bond Counsel of Project Eligibility: See Attachment C
Thank you for your consideration. I am happy to provide any additional information as needed.
Sincerely,
Kristin Fritz
Chief Real Estate Offic er
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AT T A C H M E NT A
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DEVELOPMENT RESUME
OAK 140
(79) Studio, 1 & 2 bedroom apartments
serving 30% - 80% AMI
Downtown Fort Collins location
$31.5M new construction
4% LIHTC, $13.6M federal and state tax
credit investment, $19.3M Private Activity
Bonds, DDA equity, City AHCF
(60) 1 & 2 bedroom apartments
All units at or below 30% AMI, serving
individuals experiencing homelessness
Midtown Fort Collins, transit-oriented
development
$19.4M new construction
9% LIHTC, $11.9M tax credit investment
City AHCF, DOH, CDBG, HOME
MASON PLACE PERMANENT
SUPPORTIVE HOUSING 2021
2022 HOUSING COLORADO EAGLE AWARD
2022 CITY OF FORT COLLINS URBAN DESIGN AWARD
FINALIST: 2021 AFFORDABLE HOUSING FINANCE READERS' CHOICE AWARDS
Housing Catalyst is the largest affordable housing developer and property management company in Fort Collins.
Housing Catalyst’s affordable housing real estate development experience spans more than 15 years and includes
both new construction and rehabilitation. Our development portfolio includes 961 affordable units in 10
developments financed with Low Income Housing Tax Credits, private activity bonds, and other local, state and federal
funding sources. With this combination of public and private financing, Housing Catalyst secures long-term financing
for each development.
Housing Catalyst uses a Triple Bottom Line model to build healthy and sustainable affordable communities. We are
led by a skilled executive team with extensive experience in real estate acquisition, development, management, and
financial administration. We create vibrant, sustainable communities, incorporating green building design into all our
ventures and serving as a model for high standards in asset and property management, as evidenced by numerous
awards for project designs, innovations, environmental sustainability, accountability, and financial reporting.
2023
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16 apartments at or below 50% AMI, serving
those experiencing homelessness and
reintegrating adult felony offenders
$1M renovation
City of Fort Collins Affordable Housing Fund,
Villages, Ltd. equity
MYRTLE STREET SINGLE
ROOM OCCUPANCY 2021
(96) 1, 2, 3 & 4 bedroom apartments
serving 30% - 60% AMI
First City Land Bank Project
$27M new construction
4% LIHTC, $12.5M federal and state tax
credit investment, $19M Private Activity
Bonds, CDBG-DR, RAD proceeds
VILLAGE ON HORSETOOH 2018
2019 NAHRO AWARD OF MERIT FOR PROGRAM INNOVATION IN AFFORDABLE HOUSING
VILLAGE ON SHIELDS
(285) 1, 2, & 3 bedroom apartments
serving 50% - 60% AMI
$68M renovation
4% LIHTC, $41.1M federal and state tax
credit investment, $35M Private
Activity Bonds, RAD proceeds, CDBG,
HOME, Owner loan
2018
2019 NAHRO AWARD OF EXCELLENCE FOR COMMUNITY REVITALIZATION
2019 NAHRO AWARD OF MERIT FOR COMMUNITY REVITALIZATION
2019 CO NAHRO YES! IN MY BACKYARD AWARD
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Item 14.
TOO TRENDY!
A newsletter is a regularly distributed
publication that is generally about one
main topic of interest to its subscribers.
Newspapers and leaflets are types of
newsletters. For example, newsletters
(95) 1, 2 & 3 bedroom apartments
serving 30% - 60% AMI
$16.1M renovation
4% LIHT C, $5.3M tax credit investment,
$8.75M Private Activity Bonds, Villages,
Ltd. equity; previous grantors: City of
Fort Collins, DOH
VILLAGE ON PLUM 2015
VILLAGE ON REDWOOD 2017
(72) 1,2,3 & 4 bedroom apartments &
townhomes in North Fort Collins serving
30% - 60% AMI
$19.4M new construction
4% LIHT C, $10M federal and state tax
credit investment, $12M Private Activity
Bonds, RAD proceeds
2018 NAHRO AWARD OF EXCELLENCE FOR PROJECT DESIGN
2018 NAHRO AWARD OF MERIT FOR PROJECT DESIGN
2018 FORT COLLINS UTILITIES ENERGY EFFICIENCY AWARD
REDTAIL PONDS PERMANENT
SUPPORTIVE HOUSING
(60) 1 & 2 bedroom apartments
All units at or below 30% AMI, serving
individuals experiencing homelessness
South Fort Collins, transit-oriented
development
$12.5M new construction
9 % LIHTC, $8M tax credit investment,
CDBG, HOME
2017
2017 ULI COLORADO IMPACT AWARD FOR INFLUENCE
2016 NAHRO AWARD OF EXCELLENCE FOR PROJECT DESIGN
2016 NAHRO AWARD OF MERIT FOR PROJECT DESIGN
2015 HOUSING COLORADO EAGLE AWARD
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A T T A C H M E N T B
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COMMUNITY NEEDS &
DEVELOPMENT PIPLINE PRIORITIES
DEVELOPMENT PROJECT PRIORITIES & CRITERIA
Housing Catalyst's goal is to strategically increase the supply of affordable housing, through
new development, preservation, acquisitions, and partnerships.
According to the 2021 City of Fort Collins Housing
Strategic Plan, disproportionate increases in
housing costs have continued to place a strain on
residents. From 2010-2020, rents in Fort Collins
increased 68%, the median sales price of single-
family detached homes increased 124%, and the
median sales price of townhomes and condos rose
164%. During the same time period, wages
increased by just 25%.
With demand for rental homes at an all time high,
rents continue to rise. In 2012, 50% of the rental
housing stock cost less than $1,000 per month to
rent. In 2018, only 20% of the rental housing stock
cost less than $1,000 per month. More than 60% of
renters in Fort Collins are considered “cost
burdened,” spending more than 30% of their income
on housing.
Similar trends are taking place at the county level.
Larimer County has added about 55,000 residents
since 2010. Growth is concentrated in incorporated
areas, particularly those along the I-25 corridor.
According to Larimer County’s 2021 Housing Needs
Assessment, the median rent in Larimer County
increased from $849 to $1,228 per month between
2010 and 2018. Renter incomes did not keep pace
with the 45% increase.
Housing market conditions, among other factors,
have contributed to the number of people
experiencing homelessness in Northern Colorado.
According to the Northern Colorado Continuum of
Care, an estimated 1,500-2,000 individuals are
without a stable home. About 600 are experiencing
chronic homelessness, having been without a home
for at least one year.
Creating new affordable housing or preserves or sustains existing affordable housing at risk of being
lost or adversely affected
Including households that earn 30-50% of Area Median Income (AMI)
Serves special needs populations, such as elderly or persons with disabilities, in all or some units
Securing long-term or permanent affordability
Protecting and utilizing local funding resources wisely
Housing Catalyst consistently develops affordable housing units at 30% - 80% AMI and maintains a robust
development pipeline to continue to address significant demand for affordable housing in Fort Collins
and Larimer County. Selection criteria for projects and partnerships prioritize:
As a mission-driven real estate developer, Housing Catalyst forges public-private partnerships to
build and preserve affordable homes to meet the vast and growing need in our community.
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AFFORDABLE HOUSING AT MONTAVA
LOCATED IN THE APPROVED MONTAVA
METRO DISTRICT
Montava is a complete community focused
on connecting people to their food, the
environment, to nature, and to each other.
It aims to meet the basic needs of all
residents in the community through
integrated land use planning,
transportation planning, and community
design. It will occupy 1,000 acres in
Northeast Fort Collins, 3 miles from
downtown Fort Collins and 4 miles from
Colorado State University.
As part of the approved Metro District, the overall project will ultimately provide 400 affordable homes. The details of the
unit mix will be determined based on a future market study, outreach, and the design development process. The units will
be located near a park, library, school, town center, and numerous amenities included in the Montava development plans.
The Montava Metro District and Planned Unit Development have been approved by the City of Fort Collins. Construction of
infrastructure and site work is expected to begin soon in summer of 2023. The construction of the affordable housing phase
is estimated to begin in 2025. All of the homes being built at Montava will strive to meet Department of Energy (DOE) Zero
Energy Ready Home (ZERH) Standards.
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A T T A C H M E N T C
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March 7, 2023
Beth Yonce
Director of Social Sustainability
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Re: Housing Catalyst request for assignment of 2023 Private Activity Bonding Authority
from the City of Fort Collins
Dear Ms. Yonce:
We serve as bond counsel to Housing Catalyst. You will receive this letter as part of a
package requesting an assignment from the City of Fort Collins, Colorado of its 2023 Private
Activity Bond (PAB) cap to Housing Catalyst. Housing Catalyst intends to use the PAB authority
to issue multifamily housing revenue bonds to finance in part the acquisition, construction and/or
rehabilitation of one or more multifamily housing apartment developments within the City of Fort
Collins. The proposed bonds can be validly issued by Housing Catalyst under Part 2 of Article 4
of Title 29 of the Colorado Revised Statutes, as amended and Article 56, Title 11, Colorado
Revised Statutes, as amended. Further, such bonds will be classified as private activity bonds
issued as exempt facility bonds for qualified residential rental projects under Section 142(a)(7) of
the Internal Revenue Code of 1986, as amended, and consequently will require an allocation of
volume cap.
Should you have any questions with respect to this financing please feel free to contact us
at any time.
Very truly yours,
Gilmore & Bell, P.C.
cc: Julie Brewen, CEO
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6875 East Evans Avenue | Denver, CO 80224 | 303.226.9120 |www.steelellc.com
March 14, 2023
Sue Beck-Ferkiss
City of Fort Collins
222 Laporte Avenue
Fort Collins, CO 80521
sbeckferkiss@fcgov.com
Re: Application for Private Activity Bonds for Weatherstone Apartments
To Whom It May Concern:
Please allow this letter to serve as a request for an Assignment of Private Activity Bonds allocation up to $10,289,735
to the Aurora Housing Authority (“Issuer”) for the Weatherstone Apartments project.
Applicant
Steele Properties (“Steele”), is a local affordable housing Developer with extensive experience in the acquisition and
rehabilitation of affordable properties. (Please refer to the enclosed resume for Steele Properties and its management
partner, Monroe Group for more information)
Deborah Quinlan
Senior Development Manager
6875 East Evans Avenue
Denver, Colorado 80224
Phone: 303-229-4592
Email: dquinlan@steelellc.com
Steele Properties owns and manages over 80 properties in 24 states including 12 communities across Colorado.
Monroe Group began in 1980 with a single affordable property. Steele’s founding Principal completed the first ever
tax credit development in Colorado, and formed Steele Properties many years later to continue his vision of bringing
quality, affordable housing to residents across the United States. Recent Colorado projects include:
o Acquisition & rehabilitation of a 60-unit Family, Section 8 property in Trinidad utilizing PAB and
4% Low-Income Housing Tax Credits
o Acquisition & rehabilitation of a 64-unit Senior, Section 8 property in Montrose utilizing PAB and
4% Low-Income Housing Tax Credits
o Acquisition & rehabilitation of a 54-unit Senior, Section 8 property in Aurora utilizing PAB and 4%
Low-Income Housing Tax Credits
o New construction of a 100-unit Family, LIHTC property in Greeley utilizing HOME, CDBG, PAB
and 4% tax credits
Project Information
Weatherstone Apartments is an existing Family, Project-Based Section 8 community located in Aurora, Arapahoe
County. Serving 204 Colorado families, the property built in 1979 is in desperate need of a substantial renovation,
supportive services, and security measures to preserve the affordability of this community and safety of its residents.
Please refer to the enclosed Project Summary for more information regarding the property and the development plan.
Amount Requested
Steele is requesting a total of $34,000,000 in Private Activity Bond (PAB) Cap from Local Issuing Authorities
including the City of Fort Collins, City of Aurora, Arapahoe County, and various other municipalities across the state,
as well as from CHFA and DOLA. The project has received $7.5million of PAB to date and is seeking an additional
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6875 East Evans Avenue | Denver, CO 80224 | 303.226.9120 |www.steelellc.com
$26.5 million in 2023 in order to meet the 50% Test required to utilize 4% Low-Income Housing Tax Credits. Given
the competitive nature of PAB in Colorado, we expect that the Cap will be pieced together from different sources in
order to meet the need of the project.
Alignment with City Objectives
The City’s Housing Strategic Plan states that the Vision is “Everyone has healthy, stable housing they can afford”.
While Weatherstone Apartments is not located within the City of Fort Collins, the property and its 204 families are
worthy of this federal resource needed to bring improvements to their homes and preserve this property as affordable
housing for the foreseeable future. Affordable Housing is at an all-time low across the State of Colorado. Communities
are struggling to house individuals with extremely-low incomes and we cannot afford to lose the existing house stock
we have in the state. We all can work together to ensure Colorado families have quality, safe and affordable housing.
Attachments
Project Summary
Resume for Steele Properties
Resume for Monroe Group
Preliminary Opinion from Sherman & Howard (Bond Counsel)
Sincerely,
Deb Quinlan
Deb Quinlan
Senior Development Manager
Steele Properties
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WEATHERSTONE
APARTMENTS
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Item 14.
1
Table of Contents
Quick Facts .......................................................................................................... 2
Executive Summary ................................................................................................. 3
Overview ............................................................................................................ 4
Timeline ............................................................................................................. 7
Property Photos ..................................................................................................... 8
Project Team ...................................................................................................... 10
Steele Properties –Developer & General Partner ......................................................... 10
Monroe Group – Property Manager ....................................................................... 10
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2
Quick Facts
Project Name: Weatherstone Apartments
Project Address: 15594 E. 12th Avenue, Aurora
Project Type: Family
Occupancy: 98% with waiting list
Unit Mix:
One-Bedroom: 18 units
Two-Bedroom: 168 units
Three-Bedroom: 18 units
Site Information:
Year Built: 1981
Acreage: 9.59 acres
Buildings: 10 residential, 1 community building
Affordability:
LIHTC tenants at or below 60% AMI
Project-Based Section 8 HAP Contract. Due to the nature of the Section 8
contract, the majority of tenants are at or below 50% AMI
Proposed Rehabilitation:
$55,000 per unit, equivalent to $11,220,000 of
improvements to the property.
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3
Executive Summary
Introduction
Steele Properties IV LLC and its affiliates, are seeking acquisition and rehabilitation of the
Weatherstone Apartments (“Weatherstone”). Applications will include bond allocations
from municipalities across Colorado and Colorado Department of Local Affairs, as well as
4% Low Income Housing Tax Credits (LIHTC) to Colorado Housing Finance Authority.
The goals of the Weatherstone rehabilitation are:
to improve the quality of life for current and potential residents by creating safe
and comfortable homes;
to address current critical repair needs and to reduce future repair needs of the
building by injecting approximately $11,200,000 into the rehabilitation;
to focus on Resident Services and community connectivity through a third party
Supportive Services specialist
to reduce crime through a variety of safety and security upgrades
to contribute to the availability of much needed affordable housing opportunities
in Aurora, Colorado;
According to the National Low-Income Housing Coalition, Colorado (74%) is among the top
states with the greatest percentage of extremely low income renter households with severe
cost burdens1. With only 30 affordable and available Rental Homes per 100 Extremely Low
Income Renter Households, this is well below the national average. This is a housing crisis,
and it is clear that Aurora cannot afford to lose a significant Section 8 community such as
Weatherstone Apartments.
1 https://reports.nlihc.org/sites/default/files/gap/Gap-Report_2021.pdf
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4
Overview
Weatherstone Apartments is a Project-Based Section 8 community located at 15594 E. 12th
Avenue in Aurora, CO. The property is located near the major intersection of Colfax and
Chambers with sufficient access to public transportation, major employment centers,
grocery stores, restaurants, and many shopping retailers. Historically, the property’s
occupancy has been approximately 98%. There is a considerable wait list, showing the high
demand in the market for affordable units.
Rehabilitation Scope
The proposed transaction will result in approximately $11,220,000 of physical
improvements to the community. The rehabilitation will include:
Improvements to all 204 units including upgrades to flooring, windows and
bathrooms; Five percent (11 units) will be fully remodeled to comply with
Accessibility standards and two percent (4 units) will be upgraded for hearing and
visual disabilities.
Provide modern enhancements to improve the building’s aesthetic appeal, safety,
and functionality. Expand community room space for resident activities and
resident services.
Much needed upgrades to the building systems and site work.
Energy efficient features including LED lighting, water conserving low flow toilets
and faucets, updated/ more efficient systems throughout are also part of the
planned scope for the project.
An accomplished development, design, construction and property management
team all with considerable experience in Colorado and the affordable housing
industry will oversee and complete the renovation.
Operational Scope
Weatherstone Apartments has been under Monroe Group management, our sister
management company for over 15 years. We have an advantage of knowing the residents
and needs of the property before designing the renovation. We currently own and manage
11 affordable housing apartment complexes in Colorado and are in full CHFA compliance.
We have consulted with a third party supportive services company to provide a
Community Scan and begin to design substantial resident services. Examples of services
that may be included are:
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5
Youth Program – including after school activities, tutoring, games and interactions
with peers.
Job Skills – Training fundamental job skills, assisting with applications, perfecting
resumes and training for interviews.
Neighborhood Development – “The community has not only been impacted by the
pandemic, but also by several recent tragedies surrounding school shooting and
teen violence. The community needs a moral boost which can come by the
Weatherstone neighborhood having positive social interactions amongst residents.”
Building Bridges with Law Enforcement – Continuing the relationship between
the Weatherstone community and local officers will provide a sense of safety and
support.
Security Arrangements
In light of the recent teen violence and the proximity of the property to Hinkley High
School, the community will benefit from security upgrades including:
Major upgrades to the security cameras at the property;
Security patrols/camera monitoring;
Improved LED site lighting;
Connectivity with neighboring properties and schools, as well as local law
enforcement officers
Development and Ownership Expertise
Steele Properties has successfully completed over $1 billion in acquisitions, sales and
development activity nationally involving over 80 properties and more than 8,500 units,
including over 70 tax-credit projects. Our success has come not only from outstanding
construction and security enhancements but also from an excellent management team who
works daily to ensure the residents are taken care of.
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6
Financing
Weatherstone Apartments will be financed with 4% low income housing tax credits and
permanent affordable bond financing. The property will also contribute Net Operating
Income during the course of construction. To fill the funding gap, the developer will defer a
portion of its developer fee.
In order to meet full eligibility requirements for 4% low income housing tax credits, at least
50% of the project’s aggregate basis must be financed by volume cap tax-exempt bonds
(see IRC § 42(h)(4)(B).) In this case, Weatherstone’s financing structure must include a
minimum of $34 million of Private Activity Bonds (PAB) to come to fruition. The
Weatherstone project is important and worthy of this competitive resource to improve the
lives of the residents who call this community “home”.
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7
Timeline
The proposed timeline is subject to change:
2022 Develop initial construction Scope of Work, Architectural Plan Set
Applications for allocation of Private Activity Bonds
Total Awarded $7,562,934
January 2023 – Applications for allocation of Private Activity Bonds
September 2023 Total Needed $26,437,066
September 2023 Application to CHFA 4% low income housing tax credits
January 2024 Approval of LIHTC application
March 2024 Transaction Closing
Construction begins
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8
Property Photos
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9
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10
Project Team
Steele Properties –Developer & General Partner
Monroe Group – Property Manager
Resumes are attached
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Item 14.
FACT SHEET
MISSION
To preserve, improve, and increase needed affordable housing
opportunities in communities across the country.
ABOUT
Steele Properties is a Denver-based national real estate investment company
specializing in the acquisition, rehabilitation and new construction of
affordable family and senior rental properties. Steele Properties is currently
ranked as one of the top ten companies for substantial rehabs by Affordable
Housing Finance. The company was formed in 2006 with the mission to
preserve, improve and increase affordable housing opportunities for
vulnerable communities across the country.
SUCCESS
Steele has successfully completed over $1 billion in acquisitions, sales and
development activity involving over 80 properties and more than 8,000 units,
including over 75 tax credit projects. Most of the properties have undergone
or are undergoing complex tax credit rehabilitations resulting in significantly
improving the lives of residents across the company’s expanding portfolio,
which includes family and senior properties in 24 states.
HISTORY
Steele Properties was formed in 2006 as a partnership between Stuart
Heller, Hud Karshmer and Chad Asarch to pursue affordable multifamily
development and acquisition opportunities. With over 60 collective years of
experience in affordable housing, the Principals of Steele Properties have a
distinguished reputation for closing complex transactions and structuring
winning solutions that meet the goals and objectives of all parties.
LEADERSHIP
Stuart Heller, who is the founding partner, established the Monroe Group in
1982. Hud Karshmer and Chad Asarch joined Monroe as principals/partners
in 2004 and 2006 respectively, and David Asarch was appointed partner in
2016. Justin Boyd was promoted to President in March 2021, and he reports
to the partners. Justin leads the Executive Leadership team which also
includes Andrew Higdon, Chief Accounting Officer; Michelle Austin, General
Counsel; Lisa Trujillo, Vice President - Operations; and Justin Unger,
Director of Acquisitions. Together, they guide the company as it expands its
portfolio.
Steele Properties has
successfully completed over $1
Billion in acquisitions, sales and
development involving over 80
properties in 24 states and
8,000+ units, including over 75
tax credit projects.
PARTNERSHIPS
Steele Properties’ success would not be
possible without strong relationships with
state, national and federal housing agencies,
community leaders, local vendors, non-profit
organizations, equity partners and lenders.
Through its continual growth and reputable
acquisition history, the company has
cultivated strong partnerships resulting in a
substantial development portfolio of
properties.
CONTACT
6875 East Evans Avenue
Denver, CO 80224
303.226.9120
steelellc.com
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Item 14.
FACT SHEET
MISSION
We believe that everyone deserves a safe, decent and clean place to live regardless of
income, age or ability. We are committed to improving the communities where we live and
work by providing quality affordable housing, delivering the highest standards of property
management, and supporting our residents.
ABOUT
Monroe Group is a limited liability property management company
headquartered in Denver CO. Stuart Heller founded the company over 30
years ago, with a single management contract for an 81-unit property.
Today, Monroe Group has grown to become one of the country’s fastest-
growing affordable housing property management companies with a
portfolio of over 70 multi-unit properties with more than 8,000 units in 24
states across the country serving families, seniors and persons with
disabilities.
COMMITMENT
Monroe believes in treating our residents with respect and dignity by
providing them with professional and responsive management. We also
believe that by supporting and strengthening the communities in which our
residents live, we are also improving their quality of life. We support our
residents with the resources they need to be good neighbors and engaged
members of their community.
PEOPLE
Monroe Group has over 300 employees who reside in 24 states. We believe
our employees are our most valuable asset. Their success is our success.
Monroe invests in their employees by providing them with competitive
salaries, excellent benefits, career development and training.
LEADERSHIP
Stuart Heller, who is the founding partner, established the Monroe Group in
1982. Hud Karshmer and Chad Asarch joined Monroe as principals/partners
in 2004 and 2006 respectively, and David Asarch was appointed partner in
2016. Justin Boyd was promoted to President in March 2021, and he
reports to the partners. Justin leads the Executive Leadership team which
also includes Andrew Higdon, Chief Accounting Officer; Michelle Austin ,
General Counsel; Lisa Trujillo, Vice President – Operations; and Justin
Unger, Director of Acquisitions. Together, they guide the company as it
expands its portfolio.
Monroe Group manages over 80
properties with over 8,000 units in
24 states across the country making
a difference every day for low
income families, seniors and
persons with disabilities.
PARTNERSHIPS
Monroe Group’s success would not be
possible without strong relationships with
state, national and federal housing
agencies, community leaders, local vendors
and non-profit organizations and local
government agencies. These partnerships
help fulfill the Monroe Group’s mission and
belief that all people, regardless of their
income, age or abilities, deserve a safe,
clean place to live.
CONTACT
6875 East Evans Avenue
Denver, CO 80224
303.322.8888
monroegroup.com
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Item 14.
675 Fifteenth Street, Suite 2300, Denver, Colorado 80202
Telephone: 303.297.2900 shermanhoward.com
March 1, 2023
Mr. Randy Bailey, Controller
City of Fort Collins
City Hall
300 Laporte Ave.
Fort Collins, Colorado 80521
Housing Authority of the City of Aurora, Colorado
Qualified Residential Rental Project Bonds
(Weatherstone Apartments Project)
Dear Mr. Bailey:
We are acting as special counsel to Steele Properties LLC, as the project sponsor, and will likely
act as bond counsel in connection with the issuance of the above-captioned bonds (the “Bonds”) by the
Housing Authority of the City of Aurora, Colorado or another “issuing authority” (the “Issuing
Authority”) under the Colorado Private Activity Bond Ceiling Allocation Act.
The Bonds are to be issued in one or more series in the approximate aggregate principal amount
of $34,000,000, to be determined, of which up to $10,289,735 of such Bonds require additional tax-
exempt bond capacity. Assuming that such additional tax-exempt bond capacity is acquired, the Bonds
will constitute private activity bonds as defined in Section 141 of the Internal Revenue Code of 1986, as
amended (the “Code”). The Issuing Authority is authorized under the laws and constitution of the State
of Colorado, including the Housing Authorities Law of the State of Colorado, being Part 2, Article 4,
Title 29 of Colorado Revised Statutes, as amended, to issue the Bonds.
The Bonds are intended to finance “qualified residential rental projects” (as defined in
Section 142(a)(7) of the Code), including but not limited to the acquisition, rehabilitation and equipping
of Weatherstone Apartments. The Bonds will constitute “exempt facility bonds” within the meaning of
section 146(f)(5)(A) of the Code.
Respectfully submitted,
56374136.1
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Item 14.
Heartside Hill Apartments
Loca�on Map
Page 209
Item 14.
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Item 14.
Location Map of Weatherstone Apartments, 15594 E. 12th Avenue, Aurora
Page 211
Item 14.
AFFORDABLE HOUSING BOARD
REGULAR MEETING
0 4 /06 /202 3 – M I N U TES Page 1
May 4, 2023, 4:00-6:00pm
Online via Zoom DRAFT
CALL TO ORDER
At 4:01 PM the meeting was called to order by John Singleton.
Excerpted to 2023 Private Activity Bond Capacity Requests
Agenda item 5B.
2023 Private Activity Bond Capacity Requests – Sue Beck-Ferkiss, Social Sustainability
Sue Beck-Ferkiss gave the Board a brief overview of Private Activity Bonds and what they can
be used for. One of the specified purposes is the construction and rehabilitation of affordable
housing, which is a priority use of the bonds at the City. Private Activity Bonds are needed for
4% of low-income housing tax credits, which is a tool most developers are using to build
affordable rentals.
The City of Fort Collins has a Private Activity Bond Committee that considers annual bond
requests. This year, there were three total requests asking for double the amount of bond
available. Two of these requests were from local organizations CARE Housing and Housing
Catalyst, while the third request was from Steele Properties in Aurora, Colorado. Sue explained
that PAB capacity can be used anywhere in the state.
Sue informed the Board that the PAB committee is recommending funding for CARE Housing
and Housing Catalyst, but not Steele Properties. This decision was made because the
committee wants to prioritize local projects. Sue invited the Board to ask questions, and to make
a recommendation to support, not support, or alter the recommendation of the Private Activity
Bond Committee.
The Board asked how local organizations collaborate on splitting bond. Kristin Fritz explained
that they strategize with organizations doing development in Northern Colorado to see what
needs exist and who has the most immediate need for funding. Ideally, each organization will
receive the bond they need, but some years the need may be greater than the amount of bond
available.
The Board asked if there were restrictions on who can apply for bond. Sue Beck-Ferkiss
explained that anyone can apply, but not everyone can issue, so the applying organization
needs to be working with an issuer.
The Board asked if companies or investors were purchasing the bonds, or if they were federally
allocated. Kristin Fritz explained that the bonds can be publicly sold or placed directly, but since
they are specifically a tax-exempt bond, the amount available is limited by the Federal
Government.
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Item 14.
AFFORDABLE HOUSING BOARD
REGULAR MEETING
0 4 /06 /202 3 – M I N U TES Page 2
John Singleton invited Bob Pawlikowski and Kristin Fritz to speak to the Board and share their
knowledge of Private Activity Bonds at a later date.
Stefanie Berganini motioned to support the Private Activity Bond Committee’s funding
recommendation. Jennifer Bray seconded. Approved 4-0.
Bob Pawlikowski and Kristin Fritz abstained.
Page 213
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Caryn Champine, Director, PDT
Drew Brooks, Interim Deputy Director, PDT
Tyler Stamey, City Traffic Engineer, PDT
Aaron Guin, Legal
SUBJECT
Resolution 2023-049 Authorizing the Execution of an Intergovernmental Agreement Between the
City of Fort Collins, Colorado, and the Colorado Department of Transportation for the Maintenance
of Traffic Signals, Signs, and Pavement Markings Within Fort Collins and Within the Fort Collins
Growth Management Area.
EXECUTIVE SUMMARY
The City has a long-standing agreement with the Colorado Department of Transportation (CDOT) to
maintain traffic control devices within the City and within the Growth Management Area (GMA). This update
increases the amount that CDOT pays to the City for maintenance of signs and pavement markings to
more accurately reflect actual costs incurred by the City for this work. Under this new intergovernmental
agreement (IGA), the amount paid to the City by CDOT will increase from $217,568 to $249,648 annually.
The term of this IGA is 5 years.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City’s long-standing agreement with CDOT for the maintenance of traffic control devices on state
highways within the City and within the GMA has proven beneficial for both CDOT and the City. Since our
residents are the primary users of the transportation system in Fort Collins, having local control of signals
and other traffic devices allows the City to best serve local needs. At the same time, CDOT is able to
operate with less maintenance cost and less duplication of services. City staff reviewed its costs for
maintenance of traffic control devices and requested from CDOT an increase in payment for
signing/marking based on that review. This agreed increase in payment is reflected in this updated IGA.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The IGA will require CDOT to reimburse the City of Fort Collins Traffic Operations Department for
maintenance of traffic signals, signage and pavement markings on State Highways at the rate of:
10.44 Miles of signs and markings at $350 per mile = $3,654 x 12 months = $43,848/year
49 Signals at $350 per month = $17,150 x 12 months = $205,800/year
Total Maximum Annual Cost = $249,648
Total for the 5-year IGA ($249,648 x 5) = $1,248,240
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Not applicable.
PUBLIC OUTREACH
Not applicable.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 215
Item 15.
-1-
RESOLUTION 2023-049
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS, COLORADO, AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE
OF TRAFFIC SIGNALS, SIGNS, AND PAVEMENT MARKINGS
WITHIN FORT COLLINS AND WITHIN THE FORT COLLINS
GROWTH MANAGEMENT AREA
WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 43-2-135(1)(i) requires the
State of Colorado to install, operate, maintain and control, at the State’s expense, all traffic control
devices on the State’s highway system within cities and incorporated towns; and
WHEREAS, the State, through the Colorado Department of Transportation (“CDOT”),
historically has contracted with the City to maintain traffic control devices within the City and the
Fort Collins Growth Management Area (“GMA”); and
WHEREAS, such intergovernmental agreements between the City and CDOT for the City
to perform maintenance work on traffic control devices within CDOT’s rights-of-way, historically
have been for terms of five years, and the previous agreement will expire on June 30, 2023; and
WHEREAS, CDOT has proposed an updated five-year Intergovernmental Agreement
which is attached as Exhibit “A” and incorporated by reference (the “IGA”), which provides for
continued traffic control device maintenance by the City, with updated reimbursement rates and
amounts; and
WHEREAS, the IGA is for a term of five years beginning from July 1, 2023, through June
30, 2028, establishing a cumulative five-year maximum reimbursement of $1,248,240; and
WHEREAS, C.R.S Section 29-1-203 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, 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, the City Council has determined that it is in the best interests of the City for
the City to continue to maintain traffic control devices on CDOT’s rights-of-way within Fort
Collins and the Fort Collins GMA, and to authorize the Mayor to execute the IGA between the
City and CDOT in support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Page 216
Item 15.
-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 City Council authorizes the Mayor to execute, on behalf of the City,
an Intergovernmental Agreement with the Colorado Department of Transportation, in substantially
the form attached hereto as Exhibit “A,” together with such additional or modified terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be necessary
and appropriate to protect the interests of the City or effectuate the purposes of this Resolution.
Section 3. That the City Council hereby authorizes the City Manager to approve and
execute future amendments to the IGA that the City Manager, in consultation with the City
Attorney, determines to be necessary and appropriate to facilitate completion of the Project, so
long as such amendments do not increase the cost of the Project, substantially modify the purposes
of the IGA, increase the allocation or amount of funding for the Project funded by the City, or
otherwise increase the obligations and responsibilities of the City as set forth in the IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins on this
6th day of June, 2023.
__________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
Page 217
Item 15.
(State $Traffic Mtce) Rev 10/03
CITY OF FORT COLLINS Region: 4 (TCH)
CONTRACT
THIS AGREEMENT is entered into by and between the CITY OF FORT COLLINS (hereinafter called the
“Local Agency”), and the STATE OF COLORADO acting by and through the Department of Transportation
(hereinafter called the “State” or “CDOT”).
RECITALS:
1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of project and Local Agency costs. Total Contract
Amount: $1,248,240.00.
2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
3.Section 43-2-102 and 103, C.R.S., require the State to maintain State highways (including where such highways
extend through a city or an incorporated town), and Section 43-2-135(1)(i), C.R.S., as amended, requires the State
to install, operate, maintain and control, at State expense, all traffic control devices on the State highway system
within cities and incorporated towns.
4.The parties desire to enter this contract for the Local Agency to provide some or all of the certain Highway
maintenance services on State highways that are the responsibility of the State under applicable law, and for the
State to pay the Local Agency a reasonable negotiated fixed rate for such services.
5.The parties also intend that the Local Agency shall remain responsible to perform any services and duties on State
highways that are the responsibility of the Local Agency under applicable law, at its own cost.
6.The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103,
43-2-104, and 43-2-144, C.R.S., as amended, and if applicable, in an ordinance or resolution duly passed and
adopted by the Local Agency, to enter into contract with the Local Agency for the purpose of maintenance of
traffic control devices on the State highway system as hereinafter set forth.
7.The Local Agency has adequate facilities to perform the desired maintenance services on State highways within
its jurisdiction.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Local Agency shall perform all maintenance services for the specified locations located within the Local Agency's
jurisdiction and described in Exhibit A. Such services and highways are further detailed in Section 5.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1.Special Provisions contained in section 21 of this contract
2.This contract
3.Exhibit A (Scope of Work)
4.Exhibit C (Option Letter)
5.Exhibit D (Encumbrance Letter)
6.Exhibit E (PII Certification)
7.Exhibit B (Local Agency Resolution)
Section 3. Term
This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on July 1, 2023,
whichever is later. The term of this contract shall terminate on June 30, 2028. Provided, however, that the State’s
financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject
to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available
therefor.
Section 4. Project Funding and Payment Provisions
A.The Local Agency has estimated the total cost of the work and is prepared to accept the State funding for the
work, as may be evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and
to complete the work under the project. A copy of any such ordinance or resolution is attached hereto and
incorporated herein as Exhibit B.
B.Subject to the terms of this contract, for the satisfactory performance of the maintenance services on the
Highways, as described in Section 5, the State shall pay the Local Agency on a lump sum basis, payable in
monthly installments, upon receipt of the Local Agency's Statements, as provided herein.
C.The State shall pay the Local Agency for the satisfactory operation and maintenance of traffic control devices
under this agreement at the rates described in Exhibit A.
D.The Local Agency will provide maintenance services as described in Exhibit A, for a total maximum amount
of $249,648.00 per State fiscal year, and a maximum contract total shall not exceed the cumulative five-
year total of $1,248,240.00. The negotiated rate per location shall remain fixed for the full five-year term of the
contract, unless this rate is renegotiated in accord with the procedure set forth herein in Section 17. The total
payments to the Local Agency during the term of this contract shall not exceed that maximum amount, unless this
contract is amended. The Local Agency will bill the State monthly and the State will pay such bills within 45
days.
E.The Statements submitted by the Local Agency for which payment is requested shall contain an adequate
description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that
performance, and on which specific sections of the highways such services were performed, in accord with
standard Local Agency billing standards.
F.If the Local Agency fails to satisfactorily perform the maintenance services or if the Statement submitted by the
Local Agency does not adequately document the payment requested, after notice thereof from the State, the State
may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that
segment or portion.
Section 5: State & Local Agency Commitments:
A.The Local Agency shall perform the maintenance services for the certain State highway system locations
described herein. Such services and locations are detailed in Exhibit A.
B.The Local Agency shall operate and maintain the specific traffic control devices, and at the particular locations,
all as listed on Exhibit A, in a manner that is consistent with current public safety standards on State highways
within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic
Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and
which are incorporated herein by reference as terms and conditions of this agreement. The Local Agency shall
provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and
maintenance.
C.The Parties shall have the option to add or delete, at any time during the term of this agreement and subject to
§17 of this agreement, one or more specific traffic control devices to the list shown in Exhibit A and therefore
amend the maintenance services to be performed by the Local Agency under this agreement. The State may amend
Exhibit A by written notice to the Local Agency using an Option Letter substantially equivalent to Exhibit C.
D.The Local Agency may propose, in writing, other potential specific traffic control devices to
be operated and maintained by the Local Agency during the term of this agreement, based on the same rates that
had been initially agreed to by the Local Agency in Exhibit A. If the State determines in writing that operation
and maintenance of those other devices by the Local Agency is appropriate, and is desirable to the State, and if
the State agrees to add such devices to this agreement, then the State shall, by written Option Letter issued to the
Local Agency in a form substantially equivalent to Exhibit C, add such devices to this contract.
E.The Local Agency shall perform all maintenance services on an annual basis. The Local Agency's performance
of such services shall comply with the same standards that are currently used by the State for the State's
performance of such services, for similar type highways with similar use, in that year, as determined by the State.
The State's Regional Transportation Director, or his representative, shall determine the then current applicable
maintenance standards for the maintenance services. Any standards/directions provided by the State's
representative to the Local Agency concerning the maintenance services shall be in writing. The Local Agency
shall contact the State Region office and obtain those standards before the Local Agency performs such services.
Section 6. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials that pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a
period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later,
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and, if applicable, FHWA to inspect the project and to inspect, review and audit the project
records.
Section 7. Termination Provisions
This contract may be terminated as follows:
A.This contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only
upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party, not later
than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the
Local Agency only for that portion of the highway maintenance services actually and satisfactorily performed up
to the effective date of that termination, and the Local Agency shall be responsible to provide such services up to
that date, and the parties shall have no other obligations or liabilities resulting from that termination.
Notwithstanding subparagraph A above, this contract may also be terminated as follows:
B.Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination.
C.Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving
written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.
D.Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the project provided for herein, and therefore, the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
Section 8. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing
this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region Director, Region 4, 10601 West 10th
Street, Greeley, CO 80634. Said Region Director will also be responsible for coordinating the State's activities under
this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the work. All
communications relating to the day-to-day activities for the work shall be exchanged between representatives of the
State’s Transportation Region 4 and the Local Agency. All communication, notices, and correspondence shall be
addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute
representatives.
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
If to State If to the Local Agency
City of Fort Collins
Tyler Stamey
City Traffic Engineer
626 Linden Street
Fort Collins, CO 80524
CDOT Region: 4
Jonathan Woodworth
Project Manager
10601 West 10th Street
Greeley, CO 80634
970-350-2166
jonathan.woodworth@state.co.us
970-221-6887
tstamey@fcgov.com
Section 10. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 11. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 12. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the Parties, their departments, institutions, agencies, boards, officials and employees are controlled and limited by
the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-
30-1501, et seq., C.R.S., as now or hereafter amended.
Section 13. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 15. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed by the parties and approved pursuant to the State Fiscal
Rules.
Section 16. Survival of contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 17. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
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Item 15.
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of
this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
A.Amendment
Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject
to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties
agree to change the provisions of this contract, the renegotiated terms shall not be effective until this contract is
amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with
applicable cost accounting principles and standards (including sections 24-107-101, et seq., C.R.S. and
implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work.
Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment
to this contract that is properly executed and approved by the State Controller or delegee. Any such rate change
will go into effect on the first day of the first month following the amendment execution date.
B.Option Letter
a. The State may increase/decrease the quantity of goods/services described in Exhibit A at the same unit prices
(rates) originally established in the contract. The State may exercise the option by written notice to the Local
Agency in a form substantially equivalent to Exhibit C.
b.As a result of increasing/decreasing the locations, the State may also unilaterally increase/decrease the
maximum amount payable under this contract based upon the unit prices (rates) originally established in the
contract and the schedule of services required, as set by the terms of this contract. The State may exercise the
option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit
C, immediately upon signature of the State Controller or an authorized delegate. The Option Letter shall not
be deemed valid until signed by the State Controller or an authorized delegate. Any such rate change will go
into effect on the first day of the first month following the option letter execution date.
C. State Encumbrance Letter
The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral
execution of an encumbrance letter in a form substantially equivalent to Exhibit D. The State shall provide a fully
executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services
shall continue at the same rate and under the same terms as established in the contract.
Section 18. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract,
which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official, representative, or board on a question of law.
Section 19. Does not supersede other agreements
This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect
between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the
jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such
activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to
perform.
Section 20. Subcontractors
The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local
Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local
Agency may intend to perform some or all of the services required under this contract through a subcontractor. The
Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the
performance required under the contract] without the express, written consent of the State, which shall not be
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Item 15.
unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding
only upon the parties hereto and their respective successors and assigns.
Section 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts. Contractor refers to Local Agency.
A.STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this
Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall
not be valid until it has been approved by the State’s Chief Information Officer or designee.
B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
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.
C.GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments,
boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the
provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims
Act, 28 U.S.C. 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 Contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
D.INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State.
Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when
requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents.
E.COMPLIANCE WITH LAW.
Contractor shall 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.CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution,
and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts
with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be
filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G.PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the
State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury,
or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing
in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this
Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any
insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to
any limitations of liability of this Contract.
H.SOFTWARE PIRACY PROHIBITION.
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Item 15.
State or other public funds payable under this Contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the
State determines that Contractor is in violation of this provision, the State may exercise any remedy available at
law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and
any remedy consistent with federal copyright laws or applicable licensing restrictions.
I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s
services and Contractor shall not employ any person having such known interests.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Item 15.
Section 22. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
*Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local
Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
CITY OF FORT COLLINS
Name:_______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO
Jared S. Polis
Department of Transportation
By___________________________________________
Keith Stefanik, P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date:_________________________________________
2nd Local Agency Signature if needed
Name:_______________________________________
(print name)
Title: _______________________________________
(print title)
____________________________________________
*Signature
Date:_________________________________________
STATE OF COLORADO
LEGAL REVIEW
Philip J. Weiser, Attorney General
By___________________________________________
Signature – Assistant Attorney General
Date:_________________________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State agreements. This agreement is not valid until signed
and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until
such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local
Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ______________________________________
Colorado Department of Transportation
Date:______________________________________
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Item 15.
Exhibit A - Page 1 of 11
EXHIBIT A - SCOPE OF WORK
City of Fort Collins
Traffic Signals, Traffic Stencil Markings, Traffic Long Line Markings and
Traffic Control Devices Maintenance Scope of Work
I.General
The city shall operate and maintain as described below, the traffic signals, all crosswalk markings,
stop bar markings, symbol markings, lane striping and traffic control devices under the
responsibility of the State in accordance with CRS 43-2-135. All other traffic control devices in
the State Right of Way that are not the State's responsibility shall also be maintained by the city
in accordance with CRS 43-2-135.
1.Operation and maintenance of identified infrastructure will include items and activities as
listed under Section IV and Section V below.
2.CDOT may conduct periodic, random inspections at any time of any device to ensure
compliance with this contract. CDOT shall notify the city of the date and locations of
inspections along with any findings.
II.Documentation and Record-Keeping
1.In accordance with Sections IV and V of this contract, all maintenance, operations, and
inspections as required by this contract shall be documented and submitted by April 10th
annually to CDOT. All inspections shall occur in the corresponding CDOT fiscal year. City
shall use the required CDOT form or method agreed upon between the city and CDOT for
inspection documentation.
III.Control of Work in the ROW
All work as required by this contract shall meet all current CDOT and/or local requirements,
standards, laws, guidelines whichever is more stringent as agreed upon between the city and
CDOT for the design, construction, maintenance, operation, and repair.
Either agency making changes to traffic control devices, other than routine maintenance or
upgrades to current standards, affected by this contract, or new installations of traffic control
devices, shall provide adequate notification via email, (4 weeks minimum) of the changes or
additions to the other agency to allow analysis, review, and approval. The CDOT Traffic
Engineer shall have final approval.
CDOT and the city shall be given minimum three-day (3-day) advance notice of scheduled
wo rk related to the Intergovernmental Agreement (IGA) that may affect the traveled way of
the highways. CDOT may request copies of traffic control plans, method of handling traffic, or
other traffic control engineering as applicable.
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Exhibit A - Page 2 of 11
The city is responsible for all traffic control for all work related to this IGA. For CDOT projects, in
CDOT right-of-way, within the city limits, CDOT shall share the approved traffic controls plans for
the project with the city.
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Item 15.
Exhibit A - Page 3 of 11
IV.Traffic Signals
A. Location Listing
The following list of signalized intersections are to be maintained by the city.
Table 4-A
Highway Location At Milepost
1 US 287 (College) Boardwalk 287C – MP 342.81
2 US 287 (College) Bockman 287C – MP 342.91
3 US 287 (College) Cherry 287C – MP 346.98
4 US 287 (College) Columbia 287C – MP 344.54
5 US 287 (College) Conifer/Hickory 287C – MP 347.72
6 US 287 (College) Carpenter/CR 32/CO 392 287C – MP 339.13
7 US 287 (College) Drake 287C – MP 344.19
8 US 287 (College) Elizabeth 287C – MP 345.72
9 US 287 (College) Fairway 287C – MP 332.50
10 US 287 (College) Foothills Pkwy 287C – MP 343.56
11 US 287 (College) Fossil Creek 287C – MP 341.54
12 US 287 (College) Harmony 287C – MP 342.17
13 US 287 (College) Harvard 287C – MP 343.94
14 US 287 (College) Horsetooth 287C – MP 343.19
15 US 287 (College) Kensington 287C – MP 342.26
16 US 287 (College) Laporte 287C – MP 346.75
17 US 287 (College) Laurel 287C – MP 345.98
18 US 287 (College) Magnolia 287C – MP 346.32
19 US 287 (College) Maple/Jefferson 287C – MP 346.87
20 US 287 (College) Monroe 287C – MP 343.33
21 US 287 (College) Mountain 287C – MP 346.61
22 US 287 (College) Mulberry 287C – MP 346.22
23 US 287 (College) Oak 287C – MP 346.51
24 US 287 (College) Olive 287C – MP 346.41
25 US 287 (College) Pitkin 287C – MP 345.49
26 US 287 (College) Prospect 287C – MP 345.21
27 US 287 (College) Rutgers 287C – MP 344.67
28 US 287 (College) Skyway 287C – MP 340.69
29 US 287 (College) Spring Park 287C – MP 344.85
30 US 287 (College) CO 1 287C – MP 348.64
31 US 287 (College) Stuart 287C – MP 344.96
32 US 287 (College) Swallow 287C – MP 343.72
33 US 287 (College) Trilby 287C – MP 340.18
34 US 287 (College) Troutman 287C – MP 342.53
35 US 287 (College) Vine 287C – MP 347.25
36 US 287 (College) Willox 287C – MP 348.26
37 US 287 Shields 014C – MP 135.71
38 CO 14 (Mulberry) Greenfields Ct 014C – MP 138.26
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Item 15.
Exhibit A - Page 4 of 11
39 CO 14 (Jefferson) Linden 014C – MP 134.96
40 CO 14 (Mulberry) Lemay 014C – MP 137.05
41 CO 14 (Mulberry) Link Lane 014C – MP 136.41
42 CO 14 (Riverside) Lincoln/Mountain 014C – MP 135.13
43 CO 14 (Mulberry) Riverside 014C – MP 135.71
44 CO 14 (Mulberry) Summit View 014C – MP 137.62
45 CO 14 (Mulberry) Timberline 014C – MP 137.32
46 CO 1(Terry Lake) Country Club Road 001A – MP 0.35
47 CO 1(Terry Lake) Douglas Road 001A – MP 1.84
48 CO 392 (Carpenter) Lemay 392A – MP 96.31
49 CO 392 (Carpenter) Timberline 392A – MP 97.32
The city shall be responsible for all routine maintenance, periodic inspection and/or
testing, and replacement of all non-structural components which includes, but is not
limited to, cabinet components, controllers, wiring, signal indications, detection
equipment, pedestrian push buttons, pole mounted signs, software, licenses, firmware,
and communication devices to keep the signal operational as described herein. The city
shall be responsible for all required training as may be required for operation of all
associated equipment. The city should adhere to the following requirements regarding
certifications:
1)Work inside the traffic signal cabinet - Minimum IMSA Level II certification is
required or a minimum of 4 years’ experience in traffic signals
2)Work external to the traffic signal cabinet - Minimum IMSA Level I Traffic Signal
Field Technician / Electrician, or Traffic Signal Bench Technician / Signal
Technician is required or a minimum of 2 years’ experience in traffic signals
The city shall maintain the associated stop lines and crosswalks at each signal listed in Table
4-A. The cost for these markings is included in the cost of maintaining the signal and will not
be accounted for in the pavement marking section.
B.Periodic Preventative Maintenance Checks
The following items shall be visually inspected and/or tested on every signal under this
contract at least annually:
1. Conflict Monitor is tested and operating correctly
2.Each signal head is in good condition and the backplate is attached and in good
condition
3.Each signal lens is operating and visible
4. Detection is working and is detecting vehicles, motorcycles, bicycles, and
pedestrians – where applicable
5. Structure is in good conditions – free from cracks and rust
6.Visible portions of the caissons are free from cracks
7. Signal Timing is operating as programmed
8. Controller and Cabinet are clean and in good repair
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Item 15.
Exhibit A - Page 5 of 11
9. Communication to signal is connected and operating – where applicable
10. Backup power is tested for proper operation– where applicable
11. All luminaries attached to the signal are operating – where applicable
12. Stencil markings at each intersection
Any defects found in the signal inspection shall be remedied within 30 days of discovery. If
the signal is not remedied within 30 working days of discovery, then the city shall incur a
price reduction to the monthly compensation of (intersection monthly rate) $350.00/month
until the city has sent CDOT documentation and photos of the defective device being
remedied.
C.Signal Timing
Signal timing should be based upon current traffic volumes and updated when significant
traffic volumes impact the intersection. This may include development, change of use for
a property, a new school, or any other traffic generator. Timing should meet CDOT's
State Highway Access Code for progression, CRS 42-4-602, and CDOT and industry
practices for performance. City shall provide CDOT the traffic signal timing upon
request.
D.Emergency Maintenance and Repair
The city shall be responsible for emergency response, emergency signal operation, and
repair/replace of damage to all non-structural equipment. If an unforeseen event (lightning
strike, extreme power surge, vehicle crash, etc.) destroys any part of the signal pole, mast
arm or cabinet and renders the signal and its components damaged beyond repair, the city
shall contact CDOT immediately. The city shall partner with CDOT to get the damaged
signal components replaced and the signal fully operational as quickly as possible.
The city shall provide an estimated quote (within 48 hours of the incident) using the CDOT
provided form, or method agreed upon between the city and CDOT, to CDOT for the
repair. CDOT shall respond to the quote (NTP, additional information needed) for the cost of
repair or replacement of the damaged non-structural equipment.
All invoices shall be submitted to CDOT within 60 calendar days of completed construction
or determination of no insurance claim or other reimbursement to receive payment.
Failure to comply with this procedure may result in the city funding the repair entirely.
The city shall respond to traffic signal failures and malfunctions within the following
timelines:
a)Signal power outage - immediate response and appropriate emergency operation,
repair as soon as practicable.
b)Malfunctioning signal - immediate response and interim operation repair as soon
as practicable.
c)Protected phases and red head outage - immediate repair, if redundant indication
is not present and operating.
d)Pedestrian heads - repair within two days.
e)Permitted phase and non-red head outage - repair within three days.
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Item 15.
Exhibit A - Page 6 of 11
For the purposes of this section, “immediate” shall mean as soon as possible, but in no
case more than two (2) hours after receipt of notification, or as soon as reasonably
practicable in the case of a civil emergency or natural disaster.
E.Signal Modifications
The city shall be responsible for the maintenance of any signals that are reconstructed,
modified, or improved by the city pursuant to a city project.
The State shall be solely responsible for the cost of any reconstruction, modification, or
improvement to a signal initiated by the State or performed because of a State project.
New signal installations on any state highway within city limits shall be reviewed and
approved by CDOT and shall meet all applicable CDOT and city standards and
guidelines. CDOT, at its discretion, may incorporate the city standards for color and
specialized equipment, but is not obligated to these additions. A determination of who
will provide labor, material, and equipment for the installation will be made on a case-
by-case basis between the aforementioned contract representatives. Should the
representatives not agree, the CDOT Region 4 Traffic Engineer shall have final
authority.
Additional signals or changes needed as a result of development, traffic volume growth,
crash activity, or other safety or operational analysis or concerns along with any
upgrades of the signals or its systems due to new technologies shall be submitted to
CDOT via the State Highway Access permit process. The CDOT Region 4 Traffic
Engineer shall have final authority.
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Item 15.
Exhibit A - Page 7 of 11
V.Highway Signs and Markings
All signs and markings in the highway Right of Way segments listed in Table 5-A shall be
maintained by the city unless otherwise noted in this contract.
Table 5-A
Highway Street Name Begin MP End MP Length
(Miles)
287C College CO 1 NB stop line 348.63 Carpenter Road SB Stop
line
339.13 9.50
14C Jefferson/Riverside US 287 (College) 134.77 Mulberry St 135.71 0.94
Total
Miles
10.44
A.Signs
The city shall maintain all regulatory and warning signs that can be mounted on perforated steel
posts, all delineator posts, all object markers, and all guide signs installed and owned by the city.
1. The State shall maintain all regulatory and warning signs too large to be mounted on city
standard posts, all guide signs not installed and owned by the city, and all other signs not
maintained by the city.
2. Intersection right-of-way control signs, at city roadways intersecting State highways, shall
be maintained by the agency maintaining the intersection.
3. Either agency making changes to signs or markings at the locations listed in Table 5-A
shall provide notification using the CDOT provided form or method agreed upon
between the city and CDOT, of the changes to the other agency. Notification of changes
to regulatory signing shall be made in writing.
4. CDOT reserves the right to install, remove or modify CDOT signage within CDOT right-
of-way at its sole cost and expense. This action shall not impact the annual maintenance
cost to the city. CDOT will notify the city of changes prior implementation. Approved
traffic control plans should be shared between CDOT and the city.
5.The city shall be responsible for all repairs, routine maintenance, periodic inspection
and/or testing, and needed replacement as described herein. Highway signs shall be
replaced as necessary to ensure each sign has a minimum retroreflectivity reading as
stated in the current Manual on Uniform Traffic Control Devices (MUTCD) or the
most recent Federal Highway Administration (FHWA) requirement. The city shall list
the replaced signs in tabulation on the CDOT provided form or method agreed upon
between the city and CDOT.
6. New installations shall meet all applicable CDOT and city standards and guidelines. A
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Item 15.
Exhibit A - Page 8 of 11
determination of who will provide labor, material, and equipment for the installation will be
made on a case-by-case basis between the aforementioned contract representatives. The
CDOT Region 4 Traffic Engineer shall have final authority.
7.For all rectangular rapid flashing beacons (RRFB) and all signs with attached power
(flashing beacon, internally illumination, or external illumination) the city shall be
responsible for all maintenance and associated operational costs. For all new sign
installations needing power, the city shall request approval from CDOT using the
CDOT State Highway Access permit process.
8. A once per year random visual inspection of 5% of inventory may be done jointly between
CDOT and the city to ensure compliance.
9. The city shall use a retroreflectometer to acquire readings at a minimum of 100 randomly
selected sign inspection locations and submit these readings to CDOT. CDOT reserves the
right to specify the locations for testing.
10. Sign Inspections shall include, but are not limited to:
(a) Retroreflective readings
(b) Physical condition of the sign
(c) Condition of post (damaged, plumb)
(d) Fastening hardware checked for tightness
11. Reflectometer readings shall be in compliance with the Federal Register 87 FR 47921.
12. Any defects in signs or markings that are the responsibility of the city, under the terms
of this agreement, not remedied within 30 working days of discovery shall incur a price
reduction to the monthly compensation of (monthly cost per mile) $350.00/month until
the city has sent CDOT documentation and photos of the defective device being
remedied.
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Item 15.
Exhibit A - Page 9 of 11
B. State Highway Stencil Pavement Markings
All Stencil markings on the highway and on the road approaching the highway shall be maintained
by the city in locations listed in Table 5-A. Typical intersection stencil markings are shown in Figure
5-1. Should the city not have markings shown, maintenance of the city’s typical intersection
markings shall be required.
Figure 5-1
1.The city shall be responsible for all repairs, routine maintenance, periodic inspection
and/or testing, and needed replacement as described herein. Stencil markings shall be
replaced depending on the percent of material (50% minimum) remaining in place
and its retroreflectivity. These markings shall maintain an acceptable level of daytime
appearance and/or a minimum retroreflectivity as stated in the current MUTCD or
the most recent FHWA requirement.
2.New installations shall meet all applicable CDOT, and city standards and guidelines
as specified in Section III – Control of Work in the ROW.
3.A once per year random visual inspection of 5% of inventory may be done jointly between
CDOT and the city to ensure compliance.
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Item 15.
Exhibit A - Page 10 of 11
4.The city shall use a retroreflectometer to acquire readings at a minimum of 50 randomly
selected stencil locations and submit these readings to CDOT. CDOT reserves the right to
specify the locations for testing. CDOT shall provide the city with the selected locations
4 weeks in advance of the testing.
5.Pavement marking inspection shall include, but are not limited to:
a.Retroreflectometer readings
b. Physical appearance
c. Percent of marking in place
These markings shall maintain an acceptable level of daytime appearance and a minimum
retroreflectivity listed in the current MUTCD or the latest FHWA requirements.
All stop lines and crosswalks at each signalized intersection are to be paid for as specified
in Section IV.A of this agreement.
C. Lane Striping
All lane striping in the highway listed Table 5-A shall be maintained as follows:
The city shall be responsible for all repair, routine maintenance, periodic inspection and/or
testing, and cyclical replacement as described herein. Highway lane striping shall be
repainted to ensure that the marking has an acceptable level of daytime appearance and
meets the minimum retroreflectivity listed in the current MUTCD or the latest FHWA
requirement.
New installations shall meet the current CDOT standard (S-627-1) and all city standards and
guidelines.
Any pavement marking material used above CDOT specifications (i.e., tape) shall be at no
additional cost to CDOT.
The use of any experimental material will be at the city expense with no reimbursement
from CDOT.
A once per year random visual inspection of 5% of inventory may be done jointly between
CDOT and the city to ensure compliance.
The city shall use a retroreflectometer to acquire readings at a minimum of 50 randomly selected
lane locations and submit these readings to CDOT. CDOT reserves the right to specify the
locations for testing. CDOT shall provide the city with the selected locations 4 weeks in advance
of the testing.
Pavement marking inspection shall include, but are not limited to:
a. Retroreflectometer readings
b. Physical appearance
c. Percent of marking in place
These markings shall maintain an acceptable level of daytime appearance and a minimum
retroreflectivity listed in the current MUTCD or the latest FHWA requirements.
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
Exhibit A - Page 11 of 11
VI.RATE/PAYMENT SCHEDULE
$ 43,848.00
$ 205,800.00
$ 249,648.00
Traffic Control Device Rate Schedule
10.44 Miles of signs and markings at $350.00 per mile = $3654.00 x 12 mos.
49 Signals at $350.00/month = $17,150.00 x 12 mos.
Total Maximum Annual Cost
Total Contract Cost: $249,648.00 x 5 years = $ 1,248,240.00
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
Exhibit B – page 1 of 1
EXHIBIT B – LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
(if applicable)
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
SAMPLE IGA OPTION LETTER
Highway or Traffic Maintenance
(This option has been created by the Office of the State Controller for CDOT use only)
Date: State Fiscal Year: Option Letter No. Routing #
Vendor name:
1)SUBJECT:
Change in the amount of goods within current term.
2)REQUIRED PROVISIONS:
In accordance with Section 17 of contract routing number insert FY, agency code & routing #, between the
State of Colorado, Department of Transportation, and insert Local Agency name the state hereby exercises
the option to an increase/decrease in the amount of goods/services at the same rate(s) specified in Exhibit
A.
The amount of the current Fiscal Year contract value (encumbrance) is increased/decreased by $ amount
of change to satisfy services/goods ordered under the contract for the current fiscal year insert fiscal year.
The Contract Encumbrance Amount in Recital 1 is hereby modified to $amount of new annual
encumbrance, and Section 4, B, 1 shall also be modified to show the annual not to exceed amount to
$amount of new annual encumbrance and the Contract (five-year term) not to exceed amount shall be
modified to $amount of the new five-year maximum.
The total contract value to include all previous amendments, option letters, etc. is $insert
accumulated/total encumbrance amount.
3)EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller or delegate, whichever is
later.
APPROVALS:
State of Colorado:
JARED S. POLIS, GOVERNOR
By: _____________________________________________ Date: __________________
Keith Stefanik, P.E., Chief Engineer, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not
valid until signed and dated below by the State Controller or delegate. Local Agency is not
authorized to begin performance until such time. If Local Agency begin s performing prior thereto,
the State of Colorado is not obligated to pay Local Agency for such performance or for any goods
and/or services provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By: __________________________________
Date: ________________________________
Form date: August 16, 2013
EXHIBIT C - SAMPLE OPTION LETTER
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
ENCUMBRANCE LETTER
Date: State Fiscal Year: Encumbrance Letter No. Routing #:
Orig. IGA: PO:
1)Encumber fiscal year funding in the contract.
2)PROVISIONS: In accordance with Section 4 and Exhibit C of the original Contract routing
number Orig Routing # between the State of Colorado, Department of Transportation, and
Contractor's Name, covering the term July 1, Year through June 30, Year, the State hereby
encumbers funds for the goods/services specified in the contract for fiscal year .
The amount to be encumbered by this Encumbrance Letter is $amount of change. The Total
contract (encumbrance) amount, including all previous amendments, option letters, etc. is
$Insert New $ Amt.
3)EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State
Controller.
STATE OF COLORADO
Jared S. Polis, GOVERNOR
Department of Transportation
By:
Keith Stefanik P.E., Chief Engineer
(For) Shoshana M. Lew, Executive Director
Date: _____________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and
dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If
Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such
performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________
Department of Transportation
Date: _____________________
EXHIBIT D – SAMPLE ENCUMBRANCE LETTER
EXHIBIT A TO RESOLUTION 2023-049
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Item 15.
EXHIBIT E
PII Certification
STATE OF COLORADO
LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A
DATABASE OR AUTOMATED NETWORK
Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of
__________________________ (legal name of Local Agency) (the “Local Agency”),
hereby certify under the penalty of perjury that the Local Agency has not and will not
use or disclose any Personal Identifying Information, as defined by § 24-74-102(1),
C.R.S., for the purpose of investigating for, participating in, cooperating with, or
assisting Federal Immigration Enforcement, including the enforcement of civil
immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,
which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply
with Federal or State law, or to comply with a court-issued subpoena, warrant or
order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Local Agency.
Signature: __________________________
Printed Name: __________________________
Title: __________________________
Date: ___________
EXHIBIT A TO RESOLUTION 2023-049
Page 240
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 10
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Adam Molzer, Human Services Program Manager
Ted Hewitt, Legal
SUBJECT
Public Hearing and Resolution 2023-050 Approving the Programs and Projects that Will Receive
Funds from the Federal Community Development Block Grant Program, the HOME Investment
Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services
Program.
EXECUTIVE SUMMARY
The purpose of this item is to approve funding recommendations of the 2023 Spring Cycle of the
Competitive Process. This Resolution will complete the 2023 Spring Cycle of the Competitive Process for
allocating $4,180,498 in City financial resources to affordable housing and public facility projects, human
service programs and administration of the programs.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution establishes which programs and projects will receive funding with CDBG, HOME,
Affordable Housing Fund (AHF) and Human Services Program (HSP) funds for the 2023 program year.
CDBG and HOME are federal dollars allocated through HUD. AHF and HSP funds are allocated from the
General Fund (GF) and the General Fund 0.25% Other Community Priorities (OCP). In 2023, the total
dollar amount available is $5,596,742, with $4,180,498 being allocated to fulfill the FY2023 project requests
as well as the planning and administration needs. The following table shows available dollars in each
funding category:
FY2023 FUNDING CATEGORIES
Funding Source Amount
FY2023 Housing $4,216,244
FY2023 Human Service $ 907,977
FY2023 CDBG Public Service $ 169,736
FY2023 Planning and Administration $ 302,785
Total $5,596,742
Page 241
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 10
Federal funds available for allocation total $4,150,875. These funds are sourced from nine categories
designated by HUD, including: FY2023 Entitlement Grants (CDBG and HOME - new funding), FY2022 and
FY2021 Unanticipated Program Revenue (CDBG and HOME - new funding), Prior Year Funds (CDBG and
HOME - re-appropriated), and HOME American Rescue Plan Act Funds (new funding).
Unanticipated Revenue Funds include repayments from loans issued for rehabilitation, homebuyer
assistance, acquisition and development. Fifteen percent (15%) of CDBG funds received in the current
program year can be allocated towards public services. The remaining CDBG and HOME Unanticipated
Revenue is available for allocation to housing activities.
Prior Year Funds (CDBG FY2021, HOME FY2019) represent previously Council-committed funds that
were unexpended and available for re-allocation in the housing category only.
Total federal contribution to the Housing category is $3,692,754. This includes $2,000,000 from a one-time
HOME American Rescue Plan Act (HOME-ARP) award which was available for use on housing
development projects that met the goals outlined in the HOME-ARP Allocation Plan submitted to HUD in
October of 2022.
The maximum limit allowed by HUD regulations in the Public Service category for the CDBG Entitlement
grant and current year CDBG Program Income is 15%.
Total federal contribution to the Public Service category is $169,736: $166,092 from the FY2023 CDBG
Entitlement grant and $3,644 from CDBG FY2022 Unanticipated Program Income.
HUD regulations allow a maximum of 20% of the CDBG Entitlement grant ($221,456) to be used for CDBG
planning and program administration costs.
HUD regulations allow a maximum of 10% of HOME Entitlement grant ($66,929) to be used for HOME
planning and program administration.
Total federal contribution to the Planning and Program Administration category is $288,385.
The following table provides a summary of 2023 federal funding sources for Housing, Public Service and
Planning/Program Administration:
FEDERAL FUNDS
Funding Source Total Funds Housing Public Service Planning / Admin
FY23 CDBG
Entitlement Grant
$1,107,281 $ 719,733 $ 166,092 $ 221,456
FY22
Unanticipated
Revenue CDBG
$ 24,296 $ 20,652 $ 3,644
FY21
Unanticipated
Revenue CDBG
$ 29,564 $ 29,564
Page 242
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 10
Funding Source Total Funds Housing Public Service Planning / Admin
Prior Year CDBG
Funds (previously
appropriated and
available)
$ 33,636 $ 33,636
FY23 HOME
Entitlement Grant
$ 669,292 $ 602,363 $ 66,929
FY22
Unanticipated
Revenue HOME
$ 136,456 $ 136,456
FY21
Unanticipated
Revenue HOME
$ 145,350 $ 145,350
Prior Year HOME
Funds (previously
appropriated and
available)
$ 5,000 $ 5,000
HOME-ARP
$2,000,000 $2,000,000
TOTAL Federal
Funds
$4,150,875 $3,692,754 $ 169,736 $ 288,385
The City’s contribution to the Housing category is $523,490.
The City’s contribution to the Human Service category is $907,977.($904,252 new allocation for FY23,
$3,725 reappropriated from prior year).
A portion of City funds assigned to the Human Services Program is used for planning and program
administration costs ($14,400).
The following table provides a summary of 2023 City Funding for Housing and Human Service, including
differentiation between General Fund (GF) and the General Fund 0.25% Other Community Priorities (OCP)
sources for each:
CITY FUNDS
Funding Source Total Funds Housing Human Service Planning / Admin
Human Services
Program (GF)
$ 528,982 $ 514,582 $ 14,400
Affordable Housing
Fund (GF)
$ 336,359 $ 336,359
General Fund OCP $ 576,801 $ 187,131 $ 389,670
Page 243
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 10
Funding Source Total Funds Housing Human Service Planning / Admin
Prior Year Human
Services Program
Funds (previously
appropriated and
available)
$ 3,725 $ 3,725
TOTAL
City Funds
$1,445,867 $ 523,490 $ 907,977 $ 14,400
COMBINED FUNDING TOTALS
Total Funds Housing Human Service and
Public Service
Planning / Admin
$5,596,742 $4,216,244 $1,077,713 $ 302,785
The City received 53 housing, human service and public service applications totaling $4,738,936. In the
housing category, six proposals were received totaling $2,800,000. The available funding in the Housing
category equals $4,216,244, and therefore adequate funding was available to support all requests. In the
Human Service category, 43 applications were received totaling $1,769,200. There is a shortage in Human
Service dollars of $861,223. The CDBG Public Service funds offer the 4 grant recipients multi-year funding
support and FY23 was a renewal cycle, which delivers $169,736 to those programs. The following table
summarizes the amount of funding requests compared to the amount of funding available for each of the
categories:
FY2023 FUNDING REQUESTS BY CATEGORY
Category Number of
Applications
Available Funding Requested
Funding
Available Request
Difference
Administration –
CDBG
* $ 221,456 $ 221,456 $ 0
Administration –
HOME
* $ 66,929 $ 66,929 $ 0
Administration –
Human Services
* $ 14,400 $ 14,400 $ 0
Housing 6 $4,216,244 $2,800,000 + $1,416,244
Human Service 43 $ 907,977 $1,769,200 - $ 861,223
Public Service 4 $ 169,736 $ 169,736 $ 0
Totals 53 $5,596,742 $5,041,721 + $ 555,021
CITY FINANCIAL IMPACTS
The CDBG and HOME programs provide federal funds from HUD to the City of Fort Collins which can be
allocated to housing and community development related programs and projects and administration of the
funds, thereby, reducing the demand on the City’s General Fund budget to address such needs. In
FY2023, the total amount of federal funds available for allocation is $4,150,875 and the City’s contribution
is $1,445,867. These dollars allow applicants to leverage other funding sources to provide needed services
in our community.
Page 244
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 10
Through the provision of affordable housing, more of Fort Collins’ workforce can reside within the
community. This means there is an available labor pool within the city, which is a positive benefit to
economic sustainability.
Human Service and Public Service programs contribute to economic sustainability and homelessness
prevention by providing such programs as education, childcare, counseling, and rent assistance, so
workers can maintain their employment and housing.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Human Services and Housing Funding Board recommends adoption of their affordable housing,
CDBG public service and human service funding recommendations made on April 25, 2023 and April 26,
2023. The Board read all project applications, listened to presentations by each housing applicant, and
asked clarifying questions. Additionally, in the Housing category, they reviewed the priority rankings of the
Affordable Housing Board, the goals of the Affordable Housing Strategic Plan and the priorities of the HUD
required Five-Year Consolidated Plan.
In the Human Service categories, they considered the performance of current grantees, the priority areas
of the Social Sustainability Strategic Plan, community needs and the program’s potential to address
community needs. Each Board member then completed a scorecard to reflect their evaluations of the
Human Service proposals relative to a series of weighted criteria. The proposals were then placed in
descending rank order based on the average scores of the participating Board members who submitted
scores. The Board proceeded to deliberate funding recommendations following a rules-based protocol that
they had predetermined.
In the CDBG Public Service category, they considered the performance of current grantees, the goals of
the HUD required Five-Year Consolidated Plan, and the program’s potential to address the HUD goals.
The Board was presented with the percentage of CDBG Public Service funding assigned in FY2022 to
each program, and the equivalent funding amount using the FY2023 calculations. The Board voted to adopt
the recommended funding formula without any changes to the funding distribution.
The evaluation process for the Housing, Human Service and CDBG Public Service categories addressed
deeply rooted community needs that pre-date the COVID-19 pandemic and have continued beyond the
public health emergency passing. COVID-19 was not a leading determinant in the funding
recommendations. Many applicants were supported in 2020-2023 with federal CARES-CVRF and
American Rescue Plan Act (ARPA) grants administered by the Social Sustainability Department.
The Human Services and Housing Funding Board members are subject to certain rules of ethical conduct
established by the City Charter and Code, including refraining from voting on or attempting to influence any
decision in which they have a financial or personal conflict of interest. Board members have been presented
with information detailing the City Charter and Code provisions regarding conflict of interest and the
disclosure process.
The following tables present the project-specific allocations recommended by the Board to Council within
the housing, CDBG public service and human service categories, as well as the accompanying planning
and administrative costs:
Page 245
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 10
PLANNING AND ADMINISTRATION CATEGORY
Applicant
Project/Program
Funding
Request
Recommended
Funding
Unfunded
Balance
Percent of
Request Funded
City of Fort Collins: CDBG
Planning/Administration
$ 221,456 $ 221,456 $ 0 100%
City of Fort Collins: HOME
Planning/Administration
$ 66,929 $ 66,929 $ 0 100%
City of Fort Collins: Human
Services Program
Planning/Administration
$ 14,400 $ 14,400 $ 0 100%
Planning/Administration
Total
$ 302,785 $ 302,785 $ 0 100%
HOUSING CATEGORY
In the Housing category, the Human Services and Housing Funding Board determined six of the six
housing proposals were projects that would benefit from receiving funding, with each proposal
recommended for full funding. Those recommendations and the board’s ranked order prioritization are
listed in the table below:
Applicant
Project/Program
Funding
Request
HS&HF
Board’s
Prioritized
Ranking
Recommended
Funding
Unfunded
Balance
Percent
of
Request
Funded
CARE Housing:
Heartside Hill
$ 800,000 # 1 $ 800,000 $ 0 100%
City of Fort Collins
Forestry Division:
Homeowner Tree
Removal Assistance
Program
$ 100,000 # 5 $ 100,000 $ 0 100%
Elevation Community
Land Trust: Kechter
Townhomes
$ 500,000 # 2 $ 500,000 $ 0 100%
Fort Collins Habitat
for Humanity:
Harmony Cottages
$ 200,000 # 4 $ 200,000 $ 0 100%
L’Arche Fort Collins:
L’Arche Homes at
Heartside Hill
$ 400,000 # 6 $ 400,000 $ 0 100%
Villages Ltd.: 2155
West Plum
$ 800,000 # 3 $ 800,000 $ 0 100%
Housing Total $2,800,000 $2,800,000 $ 0
Page 246
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 7 of 10
There was an unallocated balance of $1,416,244 remaining in City Affordable Housing Funds, CDBG
Funds and HOME-ARP Funds after all applications received full funding recommendations. These funds
can be allocated for use for future affordable housing projects.
CDBG PUBLIC SERVICE CATEGORY
In the CDBG Public Service category, 4 eligible programs are recommended to receive a proportional share
of the CDBG Public Service funds. These programs were selected by the HSHF Board in 2022 and are
considered for renewal annually until the City’s current HUD Consolidated Plan expires in September 2025.
The FY23 recommendations were recognized as a renewal cycle. All recommendations are listed in the
table below:
Applicant
Project/Program
Funding Request HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
CDBG Public
Service Funds
Catholic Charities:
Samaritan House Shelter
$ 52,618 $ 52,618 $ 0 31%
Crossroads Safehouse:
Domestic Violence
Emergency Shelter
Advocacy
$ 44,132 $ 44,132 $ 0 26%
Family Housing Network:
Shelter Program
$ 18,670 $ 18,670 $ 0 11%
Neighbor to Neighbor:
Housing Solutions – Direct
Rental Assistance
$ 54,316 $ 54,316 $ 0 32%
Public Service Total $ 169,736 $ 169,736 $ 0
HUMAN SERVICE CATEGORY
In the Human Service category, 43 proposals were received and 36 are being recommended for funding,
ranging from 30% to 80% of requests. Seven proposals are not being recommended for funding. There is
a funding gap of $861,223. All recommendations are listed in the table below:
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
A Little Help: A Little Help for Older
Adults in Fort Collins $ 45,000 $ 24,000 $ 21,000 53%
Alianza NORCO: Bilingual Navigation
Services $ 30,000 $ 17,000 $ 13,000 57%
Boys and Girls Clubs of Larimer County:
Boys and Girls Clubs of Larimer County $ 50,000 $ 31,000 $ 19,000 62%
CASA Program: Court Appointed Special
Advocates $ 72,000 $ 35,000 $ 37,000 49%
CASA Program: Family Connections at
Harmony House $ 64,000 $ 36,000 $ 28,000 56%
Page 247
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 8 of 10
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
Catholic Charities: Senior Services $ 73,000 $ 32,000 $ 41,000 44%
Children’s Speech and Reading Center:
Childhood Communication $ 20,000 $ 16,000 $ 4,000 80%
ChildSafe Colorado: Child Abuse
Treatment Program $ 64,500 $ 40,000 $ 24,500 62%
Crossroads Safehouse: Bringing Justice
Home Legal Services $ 25,000 $ 15,000 $ 10,000 60%
Disabled Resource Services: Disability
Services for Independence $ 35,000 $ 25,000 $ 10,000 71%
Early Childhood Council of Larimer
County: Professional Development
Scholarships
$ 37,900 $ 0 $ 37,900
0%
Elderhaus Adult Day Program: Direct
Care for Fort Collins Residents Living
with Disabilities
$ 60,000 $ 30,000 $ 30,000
50%
Ensight Skills Center: Low Vision
Rehabilitation Care & Support Services $ 25,000 $ 15,000 $ 10,000 60%
Exceptional Kids: HighPointe Services $ 50,000 $ 15,000 $ 35,000 30%
Family Housing Network: Sherwood
House – Bridge Housing $ 20,000 $ 15,000 $ 5,000 75%
FoCo Café: Community Meals $ 18,000 $ 0 $ 18,000 0%
Food Bank for Larimer County: Kids Café $ 35,000 $ 22,000 $ 13,000 63%
Homeward Alliance: Family Services $ 45,000 $ 35,000 $ 10,000 78%
Homeward Alliance: Murphy Center $ 45,000 $ 32,000 $ 13,000 71%
L’Arche Fort Collins: L’Arche Fort Collins $ 55,000 $ 0 $ 55,000 0%
Larimer County Partners: Youth
Mentoring & Prevention $ 27,500 $ 15,000 $ 12,500 55%
McBackpack: McBackpack Program $ 30,000 $ 16,700 $ 13,300 56%
Meals on Wheels for Fort Collins: Meal
Delivery Program $ 50,000 $ 31,000 $ 19,000 62%
Neighbor to Neighbor: Rent Assistance
Coordination $ 70,000 $ 42,000 $ 28,000 60%
Plan de Salud del Valle: Primary Health
Care Services in Fort Collins $ 60,000 $ 0 $ 60,000 0%
Project Self-Sufficiency: Project Self-
Sufficiency $ 40,000 $ 21,000 $ 19,000 53%
Respite Care: Childcare Scholarships $ 40,000 $ 25,500 $ 14,500 64%
Page 248
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 9 of 10
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
Rocky Mountain Youth Medical & Nursing
Consultants: Health & Wellness Centers $ 20,000 $ 15,000 $ 5,000 75%
SAVA Center: Sexual Assault Victim
Services $ 50,000 $ 26,000 $ 24,000 52%
Sproutin Up: Cooking and Lunch
Programs $ 15,000 $ 0 $ 15,000 0%
Teaching Tree Early Childhood Learning
Center: Childcare Scholarships $ 85,000 $ 54,000 $ 31,000 64%
The Arc of Larimer County: Transition
Opportunity Scholarship Fund $ 15,000 $ 0 $ 15,000 0%
The Crawford Child Advocacy Center:
Fighting Child Sexual Abuse &
Maltreatment
$ 22,300 $ 17,000 $ 5,300 76%
The Family Center/La Familia: Family
Support Services $ 70,000 $ 43,277 $ 26,723 62%
The Matthews House: Youth & Family
Center $ 52,000 $ 30,000 $ 22,000 58%
The Quarter Project: The Quarter Project
of Northern Colorado $ 25,000 $ 15,000 $ 10,000 60%
The Salvation Army: Rent & Utilities
Assistance $ 35,000 $ 19,000 $ 16,000 54%
The Vegetable Connection: Feeding the
Families $ 15,000 $ 0 $ 15,000 0%
United Way of Larimer County: Larimer
Child Care Fund $ 40,000 $ 23,000 $ 17,000 58%
United Way of Weld County: Coordinated
Assessment and Housing Placement
System (CAHPS)
$ 40,000 $ 21,000 $ 19,000
53%
Vindeket Foods: Vindeket Market $ 30,000 $ 19,500 $ 10,500 65%
Volunteers of America: Handyperson
Program $ 22,000 $ 15,000 $ 7,000 68%
Volunteers of America: Home Delivered
Meals Program $ 46,000 $ 24,000 $ 22,000 52%
Human Service Total $1,769,200 $ 907,977 $ 861,223 51%
Page 249
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 10 of 10
FUNDING RECOMMENDATIONS BY CATEGORY
A summary of the funding recommendations by category is presented in the following table:
Category Recommended Funding % of Total
Planning and Administration $ 302,785 7%
Housing $2,800,000 67%
Public Service $ 169,736 4%
Human Service $ 907,977 22%
Total $4,180,498 100%
The justifications for the Human Services and Housing Funding Board’s recommendations can be found in
the draft minutes of the April 25 and April 26, 2023 meetings.
PUBLIC OUTREACH
A meeting that combined the Human Services and Housing Funding Board and the Affordable Housing
Board was held on March 29, 2023, to discuss the merits of the housing proposals, without any funding
discussion. Housing applicants also had the opportunity to make presentations at that meeting and respond
to questions. The Affordable Housing Board met on April 6, 2023, and created their own project ranking
list, which was then made available to the Human Services and Housing Funding Board as a resource to
consider during funding deliberations. The Human Services and Housing Funding Board met on April 5,
2023, to discuss the merits of the human services proposals and identify follow-up questions for the
applicants, without any funding discussion. The Human Services and Housing Funding Board held a
meeting on April 25, 2023, to deliberate the housing proposals and CDBG public service proposals, and
again on April 26, 2023, to deliberate the human service proposals, and make funding recommendations.
All meetings were open to the public and added to the City calendar.
The City of Fort Collins Citizen Participation Plan for HUD funds requires a 30-day public comment period
on the proposed allocation of CDBG and HOME funds prior to Council’s final decision. Staff placed an ad
in the Coloradoan newspaper on May 4, 2023, presenting the list of recommended funding for
programs/projects and indicated the public comment period would start on May 6, 2023, and end on June
6, 2023. The Council meeting on June 6, 2023, will serve as a Public Hearing and comments will be
recorded and reported to HUD in August. The public notice of funding recommendations was placed on
the Social Sustainability Department’s website. It was also distributed to applicants and entities serving a
majority of clients in legally protected classes-including those in a racial/ethnic minority, those with a
disability, or female heads of households-or serving those community members who might otherwise have
barriers to public participation in the City’s civic engagement processes. To date, the public comments
received have largely been statements of gratitude from the applying agencies.
ATTACHMENTS
1. Resolution for Consideration
2. Funding Request and Recommendations Summary
3. Affordable Housing Board Priority Rankings
4. Human Services Priorities Distributions
5. Scorecard Rankings
6. HSHF Board Minutes, April 25, 2023
7. HSHF Board Minutes, April 26, 2023
Page 250
Item 16.
-1-
RESOLUTION 2023-050
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM
THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE
HOME INVESTMENT PARTNERSHIPS PROGRAM,
THE CITY’S AFFORDABLE HOUSING FUND, AND THE
CITY’S HUMAN SERVICES PROGRAM
WHEREAS, the Community Development Block Grant (“CDBG”) Program and the Home
Investment Partnerships (“HOME”) Program are ongoing grant administration programs funded
by the Department of Housing and Urban Development (“HUD”); and
WHEREAS, the City has received CDBG Program funds since 1975 and HOME program
funds since 1994; and
WHEREAS, the City Council has budgeted General Fund and Keep Fort Collins Great
(“KFCG”) dollars in the Affordable Housing Fund (“AHF”) and the Human Services Program
(“HSP”) for use in assisting affordable housing programs and projects and community
development activities; and
WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-013, formally
adopting a competitive process for the allocation of City financial resources to affordable housing
programs and projects and community development activities; and
WHEREAS, on January 20, 2015, the City Council adopted Resolution 2015-009, adopting
a revised competitive process that changed from two annual funding cycles, in the spring and fall,
to one funding cycle in the spring, with the fall funding cycle being optional and used only when
funds are available that were not allocated in the spring or were returned to the City; and
WHEREAS, on November 16, 2021, the City Council adopted Resolution 2021-107,
which further revised the competitive process to make process improvements; and
WHEREAS, the Human Services and Housing Funding (“HSHF”) Board reviewed
applications for the 2023 funding cycle, listened to presentations by applicants, and asked
clarifying questions; and
WHEREAS, in the Housing category the HSHF Board also reviewed priority rankings
from the Affordable Housing Board, the goals of the Affordable Housing Strategic Plan, and the
priorities of the HUD-required Five-Year Consolidated Plan; and
WHEREAS, in the Human Service categories the HSHF Board also considered the
performance of current grantees, community needs, and the program’s potential to address those
needs; and
WHEREAS, the HSHF Board met on April 25 and 26, 2023, to deliberate and prepare a
recommendation to the City Council as to which programs and projects should be funded with
Page 251
Item 16.
-2-
FY2023 CDBG and HOME funds, FY2022 and FY2021 CDBG and HOME Unanticipated
Program Revenue, HOME American Rescue Plan Act Funds and CDBG and HOME funds carried
over from FY2022, as well as City AHF, HSP, and General Fund – Other Community Priorities
funds; and
WHEREAS, as required by HUD regulations and the City’s Citizen Participation Plan, a
30-day comment period began on May 6, 2023, and any comments will be recorded and reported
to HUD in August; and
WHEREAS, the City Council has considered the recommendations of the HSHF Board
and has determined that the City’s 2023 allocation should be made as set out in this Resolution.
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 authorizes City staff to submit an application
to HUD based on the following recommended funding allocations:
Planning and Administration Category
Applicant Project/Program Funding
Request
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
City of Fort Collins: CDBG
Planning/Administration
$ 221,456 $ 221,456 $ 0 100%
City of Fort Collins: HOME
Planning/Administration
$ 66,929 $ 66,929 $ 0 100%
City of Fort Collins: Human Services
Program Planning/Administration
$ 14,400 $ 14,400 $ 0 100%
Planning/Administration Total $ 302,785 $302,785 $ 0 100%
Housing Category
Applicant
Project/Program
Funding
Request
HS&HF
Board’s
Prioritized
Ranking
Recommended
Funding
Unfunded
Balance
Percent
of
Request
Funded
CARE Housing: Heartside
Hill
$ 800,000 # 1 $ 800,000 $ 0 100%
City of Fort Collins Forestry
Division: Homeowner Tree
Removal Assistance
Program
$ 100,000 # 5 $ 100,000 $ 0 100%
Page 252
Item 16.
-3-
Applicant
Project/Program
Funding
Request
HS&HF
Board’s
Prioritized
Ranking
Recommended
Funding
Unfunded
Balance
Percent
of
Request
Funded
Elevation Community Land
Trust: Kechter Townhomes
$ 500,000 # 2 $ 500,000 $ 0 100%
Fort Collins Habitat for
Humanity: Harmony
Cottages
$ 200,000 # 4 $ 200,000 $ 0 100%
L’Arche Fort Collins:
L’Arche Homes at Heartside
Hill
$ 400,000 # 6 $ 400,000 $ 0 100%
Villages Ltd.: 2155 West
Plum
$ 800,000 # 3 $ 800,000 $ 0 100%
Housing Total $ 2,800,000 $ 2,800,000 $ 0
CDBG Public Service Category
[Note: These programs are eligible to receive a proportional share of the CDBG Public Service
(“CDBG/PS”) funds, which will be renewed annually until the City’s current HUD consolidated
Plan expires in September 2025.]
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
CDBG Public
Service Funds
Catholic Charities: Samaritan
House Shelter
$ 52,618 $ 52,618 $ 0 31%
Crossroads Safehouse:
Domestic Violence Emergency
Shelter Advocacy
$ 44,132 $ 44,132 $ 0 26%
Family Housing Network:
Shelter Program
$ 18,670 $ 18,670 $ 0 11%
Neighbor to Neighbor: Housing
Solutions – Direct Rental
Assistance
$ 54,316 $54,316 $ 0 32%
Public Service Total $ 169,736 $ 169,736 $ 0
Page 253
Item 16.
-4-
Human Service Category
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
A Little Help: A Little Help for Older
Adults in Fort Collins $ 45,000 $ 24,000 $ 21,000 53%
Alianza NORCO: Bilingual Navigation
Services $ 30,000 $ 17,000 $ 13,000 57%
Boys and Girls Clubs of Larimer County:
Boys and Girls Clubs of Larimer County $ 50,000 $ 31,000 $ 19,000 62%
CASA Program: Court Appointed
Special Advocates $ 72,000 $ 35,000 $ 37,000 49%
CASA Program: Family Connections at
Harmony House $ 64,000 $ 36,000 $ 28,000 56%
Catholic Charities: Senior Services $ 73,000 $ 32,000 $ 41,000 44%
Children’s Speech and Reading Center:
Childhood Communication $ 20,000 $ 16,000 $ 4,000 80%
ChildSafe Colorado: Child Abuse
Treatment Program $ 64,500 $ 40,000 $ 24,500 62%
Crossroads Safehouse: Bringing Justice
Home Legal Services $ 25,000 $ 15,000 $ 10,000 60%
Disabled Resource Services: Disability
Services for Independence $ 35,000 $ 25,000 $ 10,000 71%
Early Childhood Council of Larimer
County: Professional Development
Scholarships
$ 37,900 $ 0 $ 37,900
0%
Elderhaus Adult Day Program: Direct
Care for Fort Collins Residents Living
with Disabilities
$ 60,000 $ 30,000 $ 30,000
50%
Ensight Skills Center: Low Vision
Rehabilitation Care & Support Services $ 25,000 $ 15,000 $ 10,000 60%
Exceptional Kids: HighPointe Services $ 50,000 $ 15,000 $ 35,000 30%
Family Housing Network: Sherwood
House – Bridge Housing $ 20,000 $ 15,000 $ 5,000 75%
FoCo Café: Community Meals $ 18,000 $ 0 $ 18,000 0%
Food Bank for Larimer County: Kids Café $ 35,000 $ 22,000 $ 13,000 63%
Homeward Alliance: Family Services $ 45,000 $ 35,000 $ 10,000 78%
Page 254
Item 16.
-5-
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
Homeward Alliance: Murphy Center $ 45,000 $ 32,000 $ 13,000 71%
L’Arche Fort Collins: L’Arche Fort
Collins $ 55,000 $ 0 $ 55,000 0%
Larimer County Partners: Youth
Mentoring & Prevention $ 27,500 $15,000 $ 12,500 55%
McBackpack: McBackpack Program $ 30,000 $ 16,700 $ 13,300 56%
Meals on Wheels for Fort Collins: Meal
Delivery Program $ 50,000 $ 31,000 $ 19,000 62%
Neighbor to Neighbor: Rent Assistance
Coordination $ 70,000 $ 42,000 $ 28,000 60%
Plan de Salud del Valle: Primary Health
Care Services in Fort Collins $ 60,000 $ 0 $ 60,000 0%
Project Self-Sufficiency: Project Self-
Sufficiency $ 40,000 $ 21,000 $ 19,000 53%
Respite Care: Childcare Scholarships $ 40,000 $ 25,500 $ 14,500 64%
Rocky Mountain Youth Medical &
Nursing Consultants: Health & Wellness
Centers
$ 20,000 $ 15,000 $ 5,000
75%
SAVA Center: Sexual Assault Victim
Services $ 50,000 $ 26,000 $ 24,000 52%
Sproutin Up: Cooking and Lunch
Programs $ 15,000 $ 0 $ 15,000 0%
Teaching Tree Early Childhood Learning
Center: Childcare Scholarships $ 85,000 $ 54,000 $ 31,000 64%
The Arc of Larimer County: Transition
Opportunity Scholarship Fund $ 15,000 $ 0 $ 15,000 0%
The Crawford Child Advocacy Center:
Fighting Child Sexual Abuse &
Maltreatment
$ 22,300 $ 17,000 $ 5,300
76%
The Family Center/La Familia: Family
Support Services $ 70,000 $ 43,277 $ 26,723 62%
The Matthews House: Youth & Family
Center $ 52,000 $ 30,000 $ 22,000 58%
The Quarter Project: The Quarter Project
of Northern Colorado $ 25,000 $ 15,000 $ 10,000 60%
Page 255
Item 16.
-6-
Applicant Project/Program Funding
Request
HS&HF Board’s
Recommended
Funding
Unfunded
Balance
Percent of
Request
Funded
The Salvation Army: Rent & Utilities
Assistance $ 35,000 $ 19,000 $ 16,000 54%
The Vegetable Connection: Feeding the
Families $ 15,000 $ 0 $ 15,000 0%
United Way of Larimer County: Larimer
Child Care Fund $ 40,000 $ 23,000 $ 17,000 58%
United Way of Weld County: Coordinated
Assessment and Housing Placement
System (CAHPS)
$ 40,000 $ 21,000 $ 19,000
53%
Vindeket Foods: Vindeket Market $ 30,000 $ 19,500 $ 10,500 65%
Volunteers of America: Handyperson
Program $ 22,000 $ 15,000 $ 7,000 68%
Volunteers of America: Home Delivered
Meals Program $ 46,000 $ 24,000 $ 22,000 52%
Human Service Total $ 1,769,200 $ 907,977 $ 861,223 51%
Section 3. That, subject to the appropriation of funds by the City Council, the City
County hereby authorizes the City Manager to execute any agreements necessary to implement the
funding allocations described herein on terms and conditions consistent with this Resolution, along
with such additional terms and conditions as the City Manager, in consultation with the City
Attorney, deems necessary or appropriate to protect the interests of the City.
Section 4. This Resolution shall not be construed as constituting Cit y Council
approval, support for approval, or waiver of any City regulatory requirement, including any
development application process whether in administrative or quasi-judicial review, for any
project referenced herein.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of June, 2023.
Mayor
ATTEST:
Chief Deputy City Clerk
Page 256
Item 16.
1
HS&HF Board Competitive Funding Process FY23
Summary of Organizations Requesting Funding & Recommendations
HOUSING
CARE Housing - Heartside Hill
Request: $800,000 Recommendation: $800,000 Percentage: 100%
CARE Housing provides affordable housing, advocacy and supportive services to empower
working families in Northern Colorado. This proposal supports the development costs associated
with the construction of 71 new multi-family rental units that will serve low-income households
between 30%-60% of the Area Median Income.
City of Fort Collins Forestry Division
Request: $100,000 Recommendation: $100,000 Percentage: 100%
The City of Fort Collins Forestry Division’s objective is to sustain a safe, healthy and resilient
urban forest through frequent and sound management practices. This proposal supports a pilot
program to assist 20+ low-income homeowners with the cost of emergency tree removal at their
primary owner-occupied homes.
Elevations Community Land Trust - Kechter Townhomes
Request: $500,000 Recommendation: $500,000 Percentage: 100%
Elevations Community Land Trust partners with communities to offer strategic, cross-sector
interventions to address the growing issues of affordable homeownership in Colorado. This
proposal assists with the purchase cost of 54 units of attached single family housing that are
currently in development on a City Land Bank parcel.
Fort Collins Habitat for Humanity - Harmony Cottages
Request: $200,000 Recommendation: $200,000 Percentage: 100%
Habitat for Humanity helps low-income families realize home-ownership by offering 0% interest
loans that don’t exceed 28% of a family’s income. This proposal supports the building cost s of 4
homes (2 duplexes) in Harmony Cottages.
L’Arche Fort Collins - L’Arche Housing
Request: $400,000 Recommendation: $400,000 Percentage: 100%
L’Arche Fort Collins is a nonprofit organization that provides support for adults with intellectual
and development disabilities through an inclusive community of volunteers, bound together by
intentionally mutual relationships. This proposal supports development costs associated with the
development of two “group homes” serving persons with developmental disabilities at Heartside
Hill. The project consists of the construction of two six-bedroom single family homes, each
occupied by 3 persons with disabilities and 3 staff.
Page 257
Item 16.
2
Villages, Ltd. - 2155 West Plum
Request: $800,000 Recommendation: $800,000 Percentage: 100%
Villages, Ltd., the nonprofit arm of Housing Catalyst, is a Fort Collins, mission-driven real estate
developer that designs, builds and serves communities with homes that are affordable in Northern
Colorado. This proposal supports the rehabilitation of 15 units that will be transitioning out of public
housing into the Villages permanent affordable housing inventory. The current occupants are
primarily extremely low-income households.
CDBG PUBLIC SERVICE
Catholic Charities - Samaritan House Shelter
Renewal: $52,618 Recommendation: $52,618 Percentage: 100%
31% of Available CDBG PS $
Catholic Charities provides shelter, food, case management, resource navigation, benefits
application assistance, and transitional housing help in support of the homeless and near
homeless.
Crossroads Safehouse - Emergency Shelter Advocacy
Renewal: $44,132 Recommendation: $44,132 Percentage: 100%
26% of Available CDBG PS $
Crossroads Safehouse operates a domestic violence shelter providing emergency housing, crisis
intervention and other services and outreach.
Family Housing Network - Shelter Programs
Renewal: $18,670 Recommendation: $18,670 Percentage: 100%
11% of Available CDBG PS $
Family Housing Network supports families experiencing homelessness with a full range of emergency
and stabilizing services, including overnight shelter, day center support and case management.
Neighbor to Neighbor - Homelessness Prevention Assistance
Renewal: $54,316 Recommendation: $54,316 Percentage: 100%
32% of Available CDBG PS $
Neighbor to Neighbor provides short-term and mid-term rent assistance with supportive services
and case management to assists people in housing crises to identify, secure, and maintain
affordable, sustainable rental housing. This proposal supports the direct client (rent) assistance.
Page 258
Item 16.
3
HUMAN SERVICES
A Little Help
Request: $45,000 Recommendation: $24,000 Percentage: 53%
A Little Help helps older adults age in place by providing connections to important resources and services
necessary for them to maintain independence in their homes.
Alianza NORCO
Request: $30,000 Recommendation: $17,000 Percentage: 57%
Alianza NORCO supports bilingual, culturally informed navigation services that include guidance
for obtaining driver’s licenses for immigrants, notary services, passport appointments, rent
assistance, and ITIN/tax preparation.
Boys & Girls Clubs of Larimer County
Request: $50,000 Recommendation: $31,000 Percentage: 62%
B&G Clubs provides after-school and school-break youth development programs at their Fort
Collins location to kids 6-18 years.
CASA (Court Appointed Special Advocates)
Request: $72,000 Recommendation: $35,000 Percentage: 49%
CASA provides a voice in court for children who have been physically or sexually abused or
neglected. Trained community advocates, or CASAs, work with each child they are assigned to
and provide neutral recommendations regarding the best interests of the child.
CASA (Court Appointed Special Advocates) - Harmony House
Request: $64,000 Recommendation: $36,000 Percentage: 56%
Harmony House is a specialized visitation center that serves as a safe, conflict-free public place
for family interactions. Harmony House staff are responsible for documenting information used
in deciding the child’s permanent placement.
Catholic Charities - Senior Services
Request: $73,000 Recommendation: $32,000 Percentage: 44%
Catholic Charities in Fort Collins provides supportive services to vulnerable populations, including
services that allow low-income seniors age 60 and over to maintain self-sufficiency.
Page 259
Item 16.
4
Children’s Speech & Reading Center
Request: $20,000 Recommendation: $16,000 Percentage: 80%
CSRC provides children that suffer from speech-language and reading delays with high quality
therapy on a sliding fee scale.
ChildSafe Colorado
Request: $64,500 Recommendation: $40,000 Percentage: 62%
ChildSafe provides comprehensive outpatient treatment to victims of childhood abuse, primarily
sexual abuse, and their non-offending family members.
Crossroads Safehouse - Bringing Justice Home Legal Services
Request: $25,000 Recommendation: $15,000 Percentage: 60%
Crossroads Safehouse operates a domestic violence shelter providing emergency housing, crisis
intervention and other services and outreach. This proposal supports the legal representation and
advisement for victims of domestic violence, sexual assault, and stalking in civil cases arising
from their victimization.
Disabled Resource Services
Request: $35,000 Recommendation: $25,000 Percentage: 71%
DRS is the only Center for Independent Living in Larimer County for people with disabilities
(physical, cognitive, mental, neurological, deaf, blind, etc.). It is consumer-driven allowing
participants to choose the goals they want to pursue to help them live in the community with
independence, dignity and equality.
Early Childhood Council for Larimer County
Request: $37,900 Recommendation: $0 Percentage: 0%
ECCLC works to improve services for children and families by supporting early childhood
educators, building expertise, and working collaboratively to support all young children.
Elderhaus Adult Day Program
Request: $60,000 Recommendation: $30,000 Percentage: 50%
Elderhaus provides therapeutic daytime programs for adults with disabilities: Down syndrome,
Cerebral Palsy, dementia, traumatic brain injuries, etc.
Ensight Skills Center
Request: $25,000 Recommendation: $15,000 Percentage: 60%
Ensight Skills Center provides quality healthcare services to residents who are visually impaired.
Page 260
Item 16.
5
Exceptional Kids – HighPointe Services
Request: $50,000 Recommendation: $15,000 Percentage: 30%
Exceptional Kids – HighPointe Services provides services to clients who have significant
developmental and physical disabilities. This proposal will support the purchase of a 15-passenger
bus to provide transportation for client day trips.
Family Housing Network - Bridge Housing / Sherwood House
Request: $20,000 Recommendation: $15,000 Percentage: 75%
Family Housing Network supports families experiencing homelessness with a full range of emergency
and stabilizing services, including overnight shelter, day center support and case management. This
proposal supports the residential sheltering efforts for families at the newly opened Sherwood House.
FOCO Café
Request: $18,000 Recommendation: $0 Percentage: 0%
FOCO Café provides nutritious and delicious meals to the people of Fort Collins regardless of their
ability to pay while using mostly local, organic, and sustainably grown ingredients.
Food Bank for Larimer County - Kids Café
Request: $35,000 Recommendation: $22,000 Percentage: 63%
Kids Café is the largest of the Child Nutrition programs offered by the Food Bank. Free, healthy
meals and snacks are provided to kids after school and during school breaks at multiple locations,
many in schools with high numbers of free and reduced lunch eligible families.
Homeward Alliance – Family Services
Request: $45,000 Recommendation: $35,000 Percentage: 78%
Homeward Alliance provides multiple programs that offer a continuum of services to individuals
and families who are homeless or at-risk of becoming homeless. This proposal provides bilingual
resource navigation, financial assistance, basic need items, and quarterly Family Resource Fairs
to families experiencing homelessness or housing insecurity.
Homeward Alliance – Murphy Center
Request: $45,000 Recommendation: $32,000 Percentage: 71%
Homeward Alliance manages and operates the Sister Mary Alice Murphy Center for Hope. In
addition to the programs of Homeward Alliance, they provide oversight of the facility and the
programs that provide services to people who are homeless or at-risk of becoming homeless.
Page 261
Item 16.
6
L’Arche Fort Collins
Request: $55,000 Recommendation: $0 Percentage: 0%
L’Arche Fort Collins is a nonprofit organization that provides support for adults with intellectual
and development disabilities through an inclusive community of volunteers, bound together by
intentionally mutual relationships.
Larimer County Partners
Request: $27,500 Recommendation: $15,000 Percentage: 55%
Partners Mentoring Youth supports mentoring relationships between positive adult role models
and youth facing challenges in their personal, social and academic lives.
McBackpack
Request: $30,000 Recommendation: $16,700 Percentage: 56%
McBackpack provides nutritional food to children and families within the Poudre School District
who may otherwise go without food over the weekend.
Meals on Wheels for Fort Collins
Request: $50,000 Recommendation: $31,000 Percentage: 62%
Meals on Wheels provides hot, noontime meals delivered to homebound seniors and persons
with disabilities unable to safely prepare their own meals.
Neighbor to Neighbor - Rent Assistance Coordination
Request: $70,000 Recommendation: $42,000 Percentage: 60%
Neighbor to Neighbor provides short-term and mid-term rent assistance with supportive services
and case management to assists people in housing crises to identify, secure, and maintain
affordable, sustainable rental housing. This proposal supports the staffing needs to run the
homelessness prevention programming.
Plan de Salud del Valle – Salud Clinic
Request: $60,000 Recommendation: $0 Percentage: 0%
Salud operates two clinics in Fort Collins and provides comprehensive medical, dental, pharmacy
and behavioral health care services.
Project Self-Sufficiency
Request: $40,000 Recommendation: $21,000 Percentage: 53%
Project Self-Sufficiency assists single parent families to become self-sufficient through career
planning, wrap around services and support that removes barriers and empowers parents to
complete education and training goals.
Page 262
Item 16.
7
Respite Care
Request: $40,000 Recommendation: $25,500 Percentage: 64%
Respite Care provides short-term care for children with developmental disabilities and other
supportive services that provide respite for families. Support is available 24/7 all year for children
from infancy to age 21.
Rocky Mountain Youth Medical & Nursing Consultants
Request: $20,000 Recommendation: $15,000 Percentage: 75%
RMYM&NC provides school-based health center program at two PSD school: Centennial HS and
Lincoln MS. Any PSD student may enroll in care services, which include physical and
behavioral/mental health services from the convenience of school locations.
Sexual Assault Victim Advocate Center - Victim Services
Request: $50,000 Recommendation: $26,000 Percentage: 52%
SAVA provides crisis intervention, advocacy and counseling to all those affected by sexual violence.
Sproutin Up
Request: $15,000 Recommendation: $0 Percentage: 0%
Sproutin Up works with youth in under-resourced neighborhoods to provide nutrition education,
cooking programs, physical activity games, gardening, job skill training and education about
sustainable farming.
Teaching Tree Early Childhood Learning Center
Request: $85,000 Recommendation: $54,000 Percentage: 64%
Teaching Tree provides accessible and affordable early childhood care and education programs
that teach children skills to lower their risk factors and begin kindergarten with social, emotional
and academic skills to allow them to learn.
The Arc of Larimer County
Request: $15,000 Recommendation: $0 Percentage: 0%
The Arc of Larimer County promotes and protects the civil rights of people with intellectual and
developmental disabilities through individual and systemic advocacy and education.
The Crawford Child Advocacy Center
Request: $22,300 Recommendation: $17,000 Percentage: 76%
The Crawford Child Advocacy Center provides comprehensive response to child abuse working
with law enforcement, child protection, prosecution, mental health, medical and victim advocacy
to investigate abuse, help children heal from abuse and hold offenders accountable.
Page 263
Item 16.
8
The Family Center / La Familia
Request: $70,000 Recommendation: $43,277 Percentage: 62%
The Family Center / La Familia provides services to help strengthen and stabilize low-income
families through affordable child care for infants, toddlers and preschool-aged children, parent
and community enrichment programs and adult education.
The Matthews House
Request: $52,000 Recommendation: $30,000 Percentage: 58%
The Matthews House empowers young adults and families in transition to navigate difficulties on
the road to self-sufficiency; many have been in foster care, justice system, generational poverty, etc.
The Quarter Project
Request: $25,000 Recommendation: $15,000 Percentage: 60%
The Quarter Project offers a weekly afterschool hands-on program for girls from low-income and
minority populations to become more confident and comfortable working in a STEM arena.
The Salvation Army
Request: $35,000 Recommendation: $19,000 Percentage: 54%
The Salvation Army in Fort Collins offers a variety of programs to support human service needs
of vulnerable populations in the community, including rent and utility assistance, food boxes,
clothing and hygiene items, meals, back-to-school items, disaster relief and more.
The Vegetable Connection
Request: $15,000 Recommendation: $0 Percentage: 0%
The Vegetable Connection is a local, nonprofit Community Supported Agriculture (CSA) farm
that operates a ‘Feeding the Families’ program to assist low-income families in becoming
members of the CSA for an entire growing season by subsidizing their market-priced shares.
United Way of Larimer County
Request: $40,000 Recommendation: $23,000 Percentage: 58%
UWLC is a community impact organization addressing systems-level change for health and
human services. The Childcare Scholarship Fund provides sliding scale scholarships to income-
eligible families who receive care through providers of their choice.
Page 264
Item 16.
9
United Way of Weld County
Request: $25,000 Recommendation: $21,000 Percentage: 53%
UWWC develops and supports programs that improve lives and catalyze social change and
serves as the fiscal agent for Coordinated Assessment and Housing Placement System
(CAHPS) efforts in Fort Collins.
Vindeket Foods
Request: $30,000 Recommendation: $19,500 Percentage: 65%
Vindeket Foods partners with grocery stores, restaurants, & farms to reduce wasted food and
ensure all individuals and families feel empowered and dignified in accessing nutritious food and
participating in the food system.
Volunteers of America - Handyperson Program
Request: $22,000 Recommendation: $15,000 Percentage: 68%
The Fort Collins VOA provides services to seniors (60+) who are frail and/or home-bound to
help them remain healthy, safe, socially connected and independent. The Handyperson
program offers VOA clientele safety-related home modifications and repairs utilizing volunteers.
Volunteers of America - Home Delivered Meal Service
Request: $46,000 Recommendation: $24,000 Percentage: 52%
The Fort Collins VOA provides services to seniors (60+) who are frail and/or home-bound to
help them remain healthy, safe, socially connected and independent. The meal delivery
program offers weekly boxed meals or frozen meals and nutrition risk assessments, nutrition
education/counseling, information/referral to community resources, etc.
Page 265
Item 16.
Page 266Item 16.
Human Services Priorities
Distribution of FY23 Recommended Funding
The Human Services priorities are identified within the Social Sustainability Strategic Plan.
Each priority is further defined with demographic or strategy concentrations to clarify the
targeted needs of underserved groups and low-income residents. For example, Care-Giving
Services identifies Seniors and People with Disabilities as vulnerable populations to support.
Applicants were required to clearly demonstrate in their funding proposal how the program
directly addresses and advances 1-2 of the priorities and concentrations. The distribution of
funds shown in the chart above reflects the primary priority of the program, however; many
programs also support a secondary priority. For example, a senior meal delivery program is
foremost a Care-Giving (Senior) priority, with Healthy Food as its secondary priority.
Further, there are four FY23 programs receiving federal CDBG Public Service funds ($169,736)
and they are all aligned with the Housing Opportunity & Stability priority above.
Total Available: $ 1,077,713
Human Services + CDBG Public Service
Page 267
Item 16.
Scorecard Rankings for 2023 Human Services Proposals
RANKING SCORE - 102 Total
1 90.43 Homeward Alliance Family Services $45,000 $35,000
2 89.88 The Family Center/La Familia Family Support Services $70,000 $43,277
3 88.86 Homeward Alliance Murphy Center $45,000 $32,000
4 88.75 CASA of Larimer County
Family Connections at Harmony
House $64,000 $36,000
5 87.25 CASA of Larimer County Court Appointed Special Advocates $72,000 $35,000
6 86.50 United Way of Weld County
Coordinated Assessment and
Housing Placement System $40,000 $21,000
7 86.13 Boys & Girls Clubs of Larimer
County
Boys & Girls Clubs of Larimer
County $50,000 $31,000
7 86.13 ChildSafe Colorado Child Abuse Treatment Program $64,500 $40,000
9 85.75 Teaching Tree Early
Childhood Learning Center
Childcare Scholarships for Low
Income Families $85,000 $54,000
10 85.13 Neighbor to Neighbor N2N Rent Assistance Coordination $70,000 $42,000
11 85.00 Respite Care
Childcare Scholarships for Low-
Income Families $40,000 $25,500
12 84.00 Project Self-Sufficiency Project Self-Sufficiency $40,000 $21,000
13 83.88 Alianza NORCO
Bilingual Navigation Services
program $30,000 $17,000
13 83.88 The Crawford Child Advocacy
Center
Fighting Child Sexual Abuse &
Maltreatment $22,300 $17,000
15 83.75 The Matthews House Youth and Family Center $52,000 $30,000
16 83.63 Food Bank for Larimer County Fort Collins Kids Cafe $35,000 $22,000
17 81.88 Volunteers of America Home Delivered Meals Program $46,000 $24,000
18 81.63 Meals on Wheels for Fort
Collins Meal Delivery Program $50,000 $31,000
19 81.13 United Way of Larimer County Larimer Child Care Fund $40,000 $23,000
20 80.88 The Salvation Army Rent and Utilities Assistance $35,000 $19,000
21 80.13 Children's Speech and
Reading Center Childhood Communication $20,000 $16,000
22 80.00 Disabled Resource Services Disability Services for Independence $35,000 $25,000
23 79.75 Vindeket Foods Vindeket Market $30,000 $19,500
24 79.63 Sexual Assault Victim
Advocate Center Sexual Assault Victim Services $50,000 $26,000
25 79.13 A Little Help
A Little Help for Older Adults in Fort
Collins $45,000 $24,000
26 78.63 Family Housing Network Sherwood House - Bridge Housing $20,000 $15,000
27 78.13 Crossroads Safehouse Bringing Justice Home $25,000 $15,000
28 77.88 Elderhaus Adult Day Program
Direct Care for Residents Living with
Disabilities $60,000 $30,000
29 76.25 Larimer County Partners Youth Mentoring and Prevention $27,500 $15,000
30 76.00 McBackpack McBackpack Program $30,000 $16,700
31 75.38 Catholic Charities
Senior Services Samaritan House Ft
Collins $73,000 $32,000
32 74.38 Plan de Salud del Valle
Primary Health Care Services in Fort
Collins $60,000 $0
32 74.38 The Quarter Project
The Quarter Project of Northern
Colorado $25,000 $15,000
34 73.25
Rocky Mountain Youth
Medical & Nursing
Consultants Health & Wellness Centers $20,000 $15,000
35 72.63 Volunteers of America Handyperson Program $22,000 $15,000
36 72.13 Ensight Skills Center
Low Vision Rehabilitaion Care and
Support Services $25,000 $15,000
37 70.63 Exceptional Kids HighPointe Services $50,000 $15,000
37 70.63 The Arc of Larimer County
Transition Opportunity Scholarship
Fund $15,000 $0
39 65.00 Feeding Our Community
Ourselves Community Meals $18,000 $0
40 64.63 The Vegetable Connection Feeding the Familes $15,000 $0
41 64.50 Early Childhood Council of
Larimer County
Professional Development
Scholarships for ECE $37,900 $0
42 62.88 Sproutin Up Cooking and Lunch Programs $15,000 $0
43 49.13 L'Arche Fort Collins L'Arche Fort Collins $55,000 $0
TOTAL:$1,769,200 $907,977
RECOMMENDED
FUNDINGAgencyProgramRequest
Page 268
Item 16.
Human Services & Housing Funding Board DRAFT
SPECIAL MEETING
April 25, 2023 at 5:30 PM
1200 Raintree Dr, Fort Collins – Foxtail 1 Meeting Room
4 /2 5 /2023 – MINUTES Page 1
1. CALL TO ORDER
• At 5:45 PM the meeting was called to order by Josh Johnson.
2. ROLL CALL
• Board Members Present
o Josh Johnson, Chair
o Olga Duvall, Vice Chair
o Christine Koepnick
o Erma Woodfin
o Michaela Ruppert
o Mike Kulisheck
o Mike Nielsen
o Pat Hastings
• Staff Members Present
o Adam Molzer, Staff Liaison, Social Sustainability – City of Fort Collins
o Beth Rosen, Social Sustainability – City of Fort Collins
o Hannah Tinklenberg, Social Sustainability – City of Fort Collins
o Tamra Leavenworth, Social Sustainability – City of Fort Collins
o Sue Beck-Ferkiss, Social Sustainability – City of Fort Collins
o Dianne Tjalkens, Social Sustainability – City of Fort Collins
• Community Members in Attendance
o Kim Iwanski, CARE Housing
o Dustin Barrington, L’Arche Fort Collins
o Linda Drees, L’Arche Fort Collins
o Lori Kempter, Crossroads Safehouse
Due to the duration and extent of the housing preliminary grant review, the summary of the meeting
reflected in the minutes below may not include all details of the HSHF-Board’s discussion. For further
information, details and insight, and audio recording, resources are available by contacting the HSHF-Board
staff liaison.
3. AGENDA REVIEW
Adam Molzer reviewed the agenda. The Board accepted the agenda without modification.
4. PUBLIC PARTICIPATION
Guests from the public introduced themselves. No additional public comments.
5. BOARD MEMBER REPORTS
Page 269
Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 5 /2023 – MINUTES Page 2
None.
6. STAFF REPORTS
• The Wednesday, April 26th meeting will begin at 4:00pm to deliberate funding for the human
services grant applications.
7. UNFINISHED BUSINESS
None.
8. NEW BUSINESS
a. Deliberations to Formulate Funding Recommendations – CDBG Public Services (renewal funding)
• Beth Rosen provided a brief overview of the CDBG Public Service funds to the Board, explaining that
since these awards were originally allocated in FY22, then FY23 is the first year the Board must
consider and vote on renewal funding. CDBG Public Service funds are distributed to organizations
that provide emergency sheltering and services or provide housing stabilization services. The funds
are distributed in percentages (of the eligible CDBG funding total for Public Service) over a 5-year
period.
• Beth Rosen gave an overview of each organization’s funding request, what the funds will be used
for, how many clients will be served, and the organization’s progress over the last year. Several
board members followed up with clarifying questions for Beth Rosen and Hannah Tinklenberg.
• Olga Duvall motioned to approve the 2023 CDBG Public Service funding recommendations at the
percentages presented. Mike Nielsen seconded. Approved 8-0.
• The CDBG Public Service funds will be renewed for FY23 as follows:
Catholic Charities – Samaritan House Fort Collins Shelter – $52,618 (31% of available funding)
Crossroads Safehouse – Domestic Violence Emergency Shelter Advocacy – $44,132 (26% of
available funding)
Family Housing Network of Fort Collins, Inc. – Family Housing Network Shelter Program – $18,670
(11% of available funding)
Neighbor to Neighbor, Inc. – N2N Housing Solutions – Direct Rental Assistance – $54,316 (32% of
available funding)
b. Deliberations to Formulate Funding Recommendations – Affordable Housing
• The Affordable Housing Board’s rankings of the housing proposals were presented.
• A total of 6 proposals were submitted, requesting $2.8 million total for housing projects and programs.
Adam Molzer explained that the Board would first vote to support funding for each project, then rank
each project in order of priority.
• Beth Rosen provided an overview of the funding considerations and reviewed the Housing Strategic
Plan goals, encouraging Board members to consider how each project relates to these goals when
making their decisions.
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4/25 /2023 – MINUTES Page 3
• Olga Duvall motioned to approve funding for HO-1 CARE Housing. Josh Johnson seconded. Approved 8-0.
• The Board engaged in discussion about HO-2 City of Fort Collins Forestry Department. They discussed
several conditions that could be added to the contract to ensure the program operates smoothly and
equitably. The Board also discussed other funding possibilities the Forestry Department could pursue in
future years to assess the project’s financial sustainability.
• Josh Johnson motioned to support funding for HO-2 City of Fort Collins Forestry Division with the
condition that funding is only applied to owner-occupied primary residences and that they serve a
minimum of 20 households with the funds. Olga Duvall seconded. Approved 8-0.
• Olga Duvall motioned to approve funding for HO-3 Elevation Community Land Trust. Michaela Ruppert
seconded. Approved 8-0.
• Pat Hastings motioned to approve funding for HO-4 Habitat for Humanity. Erma Woodfin seconded.
Approved 8-0.
• The Board engaged in discussion about HO-5 L’Arche Fort Collins – expressing concerns about the
program’s commitment to diversity, equity, and inclusion, and readiness to proceed.
• Olga Duvall motioned to approve funding for HO-5 L’Arche Fort Collins. Pat Hastings seconded.
Approved 6-1-1. Erma Woodfin abstained.
• Josh Johnson motioned to approve funding for HO-6 Villages, Ltd. Mike Nielsen seconded. Approved 8-0.
• Erma Woodfin motioned to adopt the Affordable Housing Board’s prioritized ranking of projects. Olga
Duvall seconded. Josh Johnson proposed a friendly amendment to move HO-2 City of Fort Collins
Forestry Division to Priority #5 and HO-5 L’Arche Fort Collins to Priority #6. Erma Woodfin and Olga
Duvall accepted the friendly amendment. The final priority ranking list was presented as follows:
Priority #1 – HO-1: CARE Housing – Heartside Hill
Priority #2 – HO-3: Elevation Community Land Trust – Kechter Townhomes
Priority #3 – HO-6: Villages, Ltd. – 2155 W. Plum
Priority #4 – HO-4: Fort Collins Habitat for Humanity – Harmony Cottages
Priority #5 – HO-2: City of Fort Collins Forestry Division – Tree Removal Pilot Program
Priority #6 – HO-5: L’Arche Fort Collins – L’Arche Housing
Motion to pass the FY23 prioritization as presented passed 8-0.
Housing projects are ranked in priority order. If a project receives funding through the City from
another source and/or withdraws their proposal, the funding recommendation will be withdrawn, and
funds will be made available to the next eligible, prioritized project.
9. OTHER BUSINESS
None.
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 5 /2023 – MINUTES Page 4
10. NEXT MEETING
Wednesday, April 26, 2023 | 4:00 PM | Location: 222 Laporte Avenue – Colorado River Room
13. ADJOURNMENT
Josh Johnson adjourned meeting at 7:57 PM.
Minutes were finalized and approved by the Human Services & Housing Funding Board on ____________________
Page 272
Item 16.
Human Services & Housing Funding Board DRAFT
SPECIAL MEETING
April 26, 2023 at 4:00 PM
222 Laporte Ave, Fort Collins – Colorado River Room
Additional viewing option via Zoom
4 /2 6 /2023 – MINUTES Page 1
1. CALL TO ORDER
• At 4:09 PM the meeting was called to order by Josh Johnson.
2. ROLL CALL
• Board Members Present
o Josh Johnson, Chair
o Olga Duvall, Vice Chair
o Christine Koepnick
o Erma Woodfin
o Michaela Ruppert
o Mike Kulisheck
o Mike Nielsen
o Pat Hastings
• Staff Members Present
o Adam Molzer, Staff Liaison, Social Sustainability – City of Fort Collins
o Javier Echeverría Díaz, Sustainability Service Area – City of Fort Collins
o Beth Rosen, Social Sustainability – City of Fort Collins
o Amanda McGimpsey, Social Sustainability – City of Fort Collins
• Community Members in Attendance
o Nathan Shaw, Vindeket Foods
o Dustin Barrington, L’Arche Fort Collins
o Jane Barber, Disabled Resource Services
o Sharlene Johnson, Food Bank for Larimer County (online)
o Katie Dockery, Exceptional Kids (online)
o Kelli Pryor, United Way of Weld County (online)
o Emma
Due to the duration and extent of the human services preliminary grant review, the summary of the
meeting reflected in the minutes below may not include all details of the HSHF Board’s discussion. For
further information, details and insight, and video recording, resources are available by contacting the HSHF
Board staff liaison.
3. AGENDA REVIEW
Adam Molzer reviewed the agenda. The Board accepted the agenda without modification.
4. PUBLIC PARTICIPATION
Guests from the public introduced themselves. No additional public comments.
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 6 /2023 – MINUTES Page 2
5. APPROVAL OF MINUTES – April 5, 2023 Regular Meeting
Olga Duvall moved to approve the April 5, 2023 meeting minutes as presented. Erma Woodfin seconded.
Josh Johnson abstained due to absence at the April 5 meeting. Approved 7-0.
6. BOARD MEMBER REPORTS
None.
7. STAFF REPORTS
None.
8. UNFINISHED BUSINESS
None.
9. NEW BUSINESS
a. Deliberations to Formulate Funding Recommendations – Human Services
Adam Molzer provided a review of the goals of deliberation and the methods used to evaluate each
Board member’s scorecard. Javier Echeverría Díaz provided the Board members with a brief overview of
the data analysis process, explaining that each Board member’s scorecard was reviewed for accuracy
and deviations. In his evaluation, Javier noted that all members’ scores were well-balanced throughout
the applications from high to low scores. No adjustments were necessary.
Deliberations protocol has Board members begin at the top of the ranking list, with each proposal open
to further discussion. Funding recommendations will be made with a first and second motion, and
friendly amendments are permitted.
Adam Molzer noted that funding recommendations will go before Council in June and the grant cycle
will begin October 2023. Adam presented the Board with the available funding amount ($907,977) and
provided an overview of the ranking spreadsheet.
HS-18: Homeward Alliance – Family Services Programs
Motion by Josh Johnson to fund at $35,000. Seconded by Pat Hastings. Approved 7-0-1. Christine
Koepnick abstained.
HS-34: The Family Center/La Familia – Family Support Services
Motion by Olga Duvall to fund at $42,700. Seconded by Mike Nielsen. Approved 8-0.
HS-19: Homeward Alliance – Murphy Center
Motion by Pat Hastings to fund at $32,000. Seconded by Michaela Ruppert. Approved 7-0-1. Christine
Koepnick abstained.
HS-5: CASA of Larimer County – Family Connections at Harmony House
Motion by Josh Johnson to fund at $36,000. Seconded by Olga Duvall. Approved 8-0.
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 6 /2023 – MINUTES Page 3
HS-4: CASA of Larimer County – Court Appointed Special Advocates
Motion by Olga Duvall to fund at $35,000. Seconded by Erma Woodfin. Approved 8-0.
Adam Molzer provided an update of funds: remaining balance is ~$727,000.
HS-40: United Way of Weld County – Coordinated Assessment and Housing Placement System
Motion by Olga Duvall to fund at $21,000. Seconded by Josh Johnson. Approved 8-0.
HS-3: Boys & Girls Club of Larimer County – Boys & Girls Clubs of Larimer County
Motion by Pat Hastings to fund at $31,000. Seconded by Michaela Ruppert. Approved 8-0.
HS-8: ChildSafe Colorado – Child Abuse Treatment Program
Motion by Erma Woodfin to fund at $40,000. Seconded by Mike Nielsen. Approved 8-0.
HS-31: Teaching Tree Early Childhood Learning Center – Childcare Scholarships for Low-Income
Families
Motion by Mike Kulisheck to fund at $54,000. Seconded by Josh Johnson. Approved 8-0.
HS-24: Neighbor to Neighbor – N2N Rent Assistance Coordination
Motion by Josh Johnson to fund at $42,000. Seconded by Michaela Ruppert. Approved 8-0.
HS-27: Respite Care – Childcare Scholarships for Low-Income Families
Motion by Mike Kulisheck to fund at $25,500. Seconded by Olga Duvall. Approved 8-0.
HS-26: Project Self-Sufficiency – Project Self-Sufficiency
Motion by Erma Woodfin to fund at $21,000. Seconded by Michaela Ruppert. Approved 8-0.
HS-2: Alianza NORCO – Bilingual Navigation Services Program
Motion by Olga Duvall to fund at $17,000. Seconded by Erma Woodfin. Approved 8-0.
HS-33: The Crawford Childhood Advocacy Center – Fighting Child Sexual Abuse & Maltreatment
Motion by Michaela Ruppert to fund at $17,000. Seconded by Christine Koepnick. Approved 8-0.
HS-35: The Matthews House – Youth and Family Center
Motion by Josh Johnson to fund at $30,000. Seconded by Michaela Ruppert. Approved 8-0.
HS-17: Food Bank for Larimer County – Fort Collins Kids Cafe
Motion by Pat Hastings to fund at $22,000. Seconded by Josh Johnson. Approved 8-0.
HS-43: Volunteers of America – Home Delivered Meals Program
Motion by Mike Kulisheck to fund at $24,000. Seconded by Olga Duvall. Approved 8-0.
HS-23: Meals on Wheels for Fort Collins – Meal Delivery Program
Motion by Mike Nielsen to fund at $31,000. Seconded by Mike Kulisheck. Approved 8-0.
HS-39: United Way of Larimer County – Larimer Child Care Fund
Motion by Erma Woodfin to fund at $20,000. Seconded by Christine Koepnick. Friendly amendment by
Pat Hastings to fund at $23,000. Accepted by Erma Woodfin and Christine Koepnick. Approved 8-0.
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 6 /2023 – MINUTES Page 4
HS-37: The Salvation Army – Rent and Utilities Assistance
Motion by Mike Kulisheck to fund at $19,000. Seconded by Erma Woodfin. Approved 8-0.
Adam Molzer provided an update of funds: remaining balance is ~$309,777.
HS-7: Children’s Speech and Reading Center – Childhood Communication
Motion by Pat Hastings to fund at $16,000. Seconded by Michaela Ruppert. Approved 8-0.
HS-10: Disabled Resource Services – Disability Services for Independence
Motion by Michaela Ruppert to fund at $25,000. Seconded by Olga Duvall. Approved 8-0.
HS-41: Vindeket Foods – Vindeket Market
Motion by Pat Hastings to fund at $18,000. Seconded by Michaela Ruppert. Friendly amendment by
Mike Kulisheck to fund at $19,500. Accepted by Pat Hastings and Michaela Ruppert. Approved 8-0.
Discussion: The Board expressed their appreciation for the ways in which this organization addresses
both hunger and food waste.
HS-29: Sexual Assault Victim Advocate Center – Sexual Assault Victim Services
Motion by Erma Woodfin to fund at $26,000. Seconded by Mike Kulisheck. Approved 8-0.
HS-1: A Little Help – A Little Help for Older Adults in Fort Collins
Motion by Josh Johnson to fund at $24,000. Seconded by Mike Nielsen. Approved 8-0.
Adam Molzer provided an update of funds: remaining balance is ~$199,000.
Adam Molzer called for a short break at 5:24 PM and the meeting resumed at 5:51 PM.
HS-15: Family Housing Network – Sherwood House - Bridge Housing
Motion by Olga Duvall to fund at $15,000. Seconded by Pat Hastings. Approved 8-0.
HS-9: Crossroads Safehouse – Bringing Justice Home
Motion by Erma Woodfin to fund at $15,000. Seconded by Olga Duvall. Approved 8-0.
HS-12: Elderhaus Adult Day Program – Direct Care for Residents Living with Disabilities
Motion by Mike Kulisheck to fund at $30,000. Seconded by Josh Johnson. Approved 8-0.
HS-21: Larimer County Partners
Motion by Olga Duvall to fund at $15,000. Seconded by Michaela Ruppert. Approved 8-0.
HS-22: McBackpack – McBackpack Program
Motion by Josh Johnson to fund at $15,000. Seconded by Olga Duvall. Friendly amendment by Erma
Woodfin to fund at $17,000 was declined. The motion fails 4-4. Opposed by Michaela Ruppert, Pat
Hastings, Mike Kulisheck, and Erma Woodfin.
Adam Molzer provided an update that if McBackpack were funded at $15,000, the remaining balance
would be ~$112,500.
Motion by Mike Kulisheck to fund at $18,000. Seconded by Erma Woodfin. Friendly amendment by
Mike Nielsen to fund at $16,500 was declined. The motion fails 3-5. Opposed by Josh Johnson, Olga
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 6 /2023 – MINUTES Page 5
Duvall, Christine Koepnick, Pat Hastings, and Mike Nielsen.
Motion by Pat Hastings to fund at $16,700. Seconded by Erma Woodfin. Approved 8-0.
Discussion: The Board discussed the important role of this program in the community since it provides
children who may depend on school meals on the weekdays with food for the weekends. Some Board
members felt it was unfair to fund this project higher than the median when higher-ranked projects
received a lower percentage of funds.
HS-6: Catholic Charities – Senior Services Samaritan House Fort Collins
Motion by Josh Johnson to fund at $32,000. Seconded by Michaela Ruppert. Approved 8-0.
Adam Molzer reminded the Board that 12 programs remained to be discussed and provided an update
of funds: remaining balance is ~$75,577.
HS-25: Plan de Salud del Valle – Primary Health Care Services in Fort Collins
Motion by Pat Hastings to fund at $0. Seconded by Josh Johnson. Approved 7-1. Opposed by Erma
Woodfin.
Discussion: Board members noted that City funding would make up only a small portion of this
organization’s total budget and that the funds could have a greater impact on another organization or
program.
HS-36: The Quarter Project – The Quarter Project of Northern Colorado
Motion by Pat Hastings to fund at $15,000. Seconded by Olga Duvall. Approved 6-1-1. Opposed by Mike
Kulisheck. Erma Woodfin abstained.
Discussion: Some Board members felt funds could be better utilized by organizations addressing urgent
needs in the community. Other Board members argued for the long-term investment of this program,
stating the importance of the educational STEM opportunities it provides to children who may not
otherwise have access. The Board also discussed the importance of balancing fund distribution to
support both urgent needs and long-term investments in the community.
HS-28: Rocky Mountain Youth Medical & Nursing Consultants – Health & Wellness Centers
Motion by Josh Johnson to fund at $15,000. Seconded by Erma Woodfin. There is a 4-4 tie, and the
motion fails. Opposed by Olga Duvall, Michaela Ruppert, Pat Hastings, and Mike Kulisheck.
Motion by Olga Duvall to fund at $0. Seconded by Mike Kulisheck. Approved 6-2. Opposed by Christine
Koepnick and Erma Woodfin.
Discussion: Some Board members expressed concern that this program serves a smaller number of
clients than others and that funding could go further elsewhere. The Board also noted the importance
of this program since it helps provide healthcare services to children from underserved communities
within the Poudre School District.
HS-42: Volunteers of America – Handyperson Program
Motion by Olga Duvall to fund at $15,000. Seconded by Josh Johnson. Approved 8-0.
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Item 16.
Human Services & Housing Funding Board
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4 /2 6 /2023 – MINUTES Page 6
HS-13: Ensight Skills Center – Low Vision Rehabilitation Care and Support Services
Motion by Michaela Ruppert to fund at $15,000. Seconded by Olga Duvall. Approved 8-0.
HS-14: Exceptional Kids – HighPointe Services
Motion by Olga Duvall to fund at $15,000. Seconded by Pat Hastings. Approved 5-3. Opposed by
Christine Koepnick, Michaela Ruppert, and Erma Woodfin.
Discussion: Board members noted that City dollars would not be able to fully fund this project, but that
they could be used as a down payment. Adam Molzer explained that the organization would have until
September 2024 to use the funds and if they were not able to, they would have to forfeit the funds,
which would be reallocated into the 2025 grant cycle.
Adam Molzer provided an update of funds: remaining balance is ~$15,577.
HS-32: The Arc of Larimer County – Transition Opportunity Scholarship Fund
Motion by Pat Hastings to fund at $15,000. Seconded by Olga Duvall. The motion fails 2-6. Opposed by
Josh Johnson, Christine Koepnick, Michaela Ruppert, Mike Nielsen, Mike Kulisheck, and Erma Woodfin.
Discussion: Board members in support of this project argued that it would be the first of its kind in
Northern Colorado and offer educational opportunities to individuals who would otherwise not have
access. Board members in opposition noted that it serves the lowest number of clients of all applicants
and that students would be required to secure additional funding elsewhere since the program doesn’t
guarantee full scholarships.
HS-28: Rocky Mountain Youth Medical & Nursing Consultants – Health & Wellness Centers
Motion by Josh Johnson to fund at $15,000. Seconded by Erma Woodfin. Approved 7-1. Opposed by
Olga Duvall.
HS-32: The Arc of Larimer County – Transition Opportunity Scholarship Fund
Motion by Josh Johnson to fund at $0. Seconded by Mike Nielsen. Approved 7-1. Opposed by Pat
Hastings.
HS-16: Feeding Our Community Ourselves – Community Meals
Motion by Olga Duvall to fund at $0. Seconded by Christine Koepnick. Approved 8-0.
HS-38: The Vegetable Connection – Feeding the Families
Motion by Michaela Ruppert to fund at $0. Seconded by Mike Kulisheck. Approved 8-0.
HS-11: Early Childhood Council of Larimer County – Professional Development Scholarships for ECE
Motion by Pat Hastings to fund at $0. Seconded by Mike Nielsen. Approved 8-0.
HS-30: Sproutin Up – Cooking and Lunch Programs
Motion by Josh Johnson to fund at $0. Seconded by Michaela Ruppert. Approved 7-0-1. Olga Duvall
abstained.
HS-20: L’Arche Fort Collins – L’Arche Fort Collins
Motion by Erma Woodfin to fund at $0. Seconded by Christine Koepnick. Approved 8-0.
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Item 16.
Human Services & Housing Funding Board
SPECIAL MEETING
4 /2 6 /2023 – MINUTES Page 7
Adam Molzer provided an update of funds: remaining balance is $577.
HS-34: The Family Center/La Familia – Family Support Services
Motion by Olga Duvall to fund at $43,277. Seconded by Michaela Ruppert. Approved 8-0.
Slate Proposals:
Motion by Pat Hastings to adopt the recommended funding slate for Human Services true dollars and
percentages as discussed and presented. Seconded by Erma Woodfin. Approved 8-0.
Adam Molzer applauded the Board members for the work achieved in Housing and Human Services
over the last few months and weeks.
10. OTHER BUSINESS
Adam Molzer shared that a 360-review of the grant recommendation process will be presented at the next
regular meeting on May 10, 2023.
11. NEXT MEETING
Wednesday, May 10, 2023 | 5:30 PM | Location: Zoom/Online
13. ADJOURNMENT
Josh Johnson adjourned the meeting at 7:12 PM.
Minutes were finalized and approved by the Human Services & Housing Funding Board on ____________________
Page 279
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 14
June 6, 2023
AGENDA ITEM SUMMARY
City Council
STAFF
Caryn Champine, Director, Planning, Development and Transportation
Meaghan Overton, Housing Manager, Sustainability Services
Marcy Yoder, Manager, Neighborhood Services
Marcus Coldiron, Chief Building Official
Holly Coulehan, Legal
SUBJECT
Items Relating to Housing Strategic Plan Implementation: Rental Housing Registration Program.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 086, 2023, Amending Chapter 5 of the Code of the City of Fort Collins
to adopt a Rental Housing Registration Program as an Implementation Action of the Housing Strategic
Plan and the Our Climate Future Plan.
B. First Reading of Ordinance No. 087, 2023, Appropriating Prior Year Reserves in the General Fund for
the Startup Phase of the Rental Housing Registration Program.
The purpose of this item is to consider the adoption of a Rental Housing Registration Program that includes
rental registration, improvements to the complaint-based inspection system and software, enhanced
mediation, education and outreach, and incentives for voluntary compliance. Additionally, this item asks
the Council to consider an off-cycle General Fund appropriation in the amount of $461,375 (with an
anticipated two-year total for 2023-2024 of $1.1 million) to support the startup and implementation phases
of the program. The development of a Rental Housing Registration Program implements policy direction
in both the Housing Strategic Plan (2021) and the Our Climate Future Plan (2021):
● Housing Strategic Plan, Strategy 20 - Explore the option of a mandated rental license/registry program
for long-term rentals and pair with best practice rental regulations.
● Our Climate Future Plan, Strategy HAH6 - Explore the option of mandated rental licensing/rental registry
with minimum standards for health, safety, stability, and efficiency.
If adopted by the Council, staff anticipates the phased rollout of registration will begin in Q3 2024. The
period between adoption and implementation will be used to hire and train staff, implement new software,
implement improvements to the complaint-based inspection system and mediation program, and conduct
education and outreach with landlords, tenants, property managers, and others impacted by the Rental
Housing Registration Program. Because the timelines for hiring processes, educational outreach, and
software upgrades will impact the overall program implementation timeline, staff will keep City Council
updated on the progress of the rollout as milestones are achieved.
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Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 14
The proposed Ordinance and supporting AIS before the Council incorporates the components that
a consensus of Councilmembers expressed support for bringing forward at April 18, 2023, Council
meeting discussion of rental housing. The components of the proposed program include: (1) rental
registration; (2) improvements to the existing complaint-based system, including software; (3)
enhanced mediation services; and (4) public education and outreach programs.
STAFF RECOMMENDATION
Staff recommends the adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
ISSUE IDENTIFICATION
Safe and stable housing provides a foundation that allows individuals, families, and communities to thrive.
Livable housing has a positive impact on health, economic security, educational attainment, and the overall
stability of families and communities. In engagement processes related to housing, renters are a critical
stakeholder group who are often underrepresented and may have concerns about bringing issues of living
conditions to a public forum.
Current State – Rental Market
In Fort Collins, the best available data suggests that more than 40% of all housing units are renter occupied.
The 2019 Corona Insights Rental Market Study found that 68,815 Fort Collins residents are renters in
approximately 29,000 households.1 Fort Collins Utilities data estimates that approximately 38,000 homes
in Fort Collins are rental units. The renter community in Fort Collins makes up a significant portion of the
population but has little control over the condition or maintenance of its rental home. Because of Fort
Collins’ consistently low rental vacancy rate, renters have little choice in their housing options.
Renters in Fort Collins have additional challenges to changing their living situation. Those in a position to
potentially purchase a home experience a housing mark et with few available “starter homes” at market
entry-level prices. Investors own 80% of all townhomes, 86% of all duplexes/triplexes, and an outsized
share of lower-priced single-family homes (with the average investor-owned single, detached unit costing
approximately $70,000 less than the average owner-occupied single, detached unit).2
Current State – Complaint-Based Inspections and Warranty of Habitability
The City does not currently conduct proactive rental property inspections for health, safety, and habitability.
The City offers complaint-based rental inspections to promote safe and habitable housing for renters, which
requires the tenant to file a complaint with the City. The complaint is not anonymous, requires notification
of the landlord, is only available in English, and must be filed via email or in person at the City’s Building
and Development Review Center during business hours. This complaint-based inspection system identifies
the renter as the initiating party to the landlord and does not address power dynamics faced by tenants
who may fear retaliation, increased rental payments, damaged relationships with property owners, or
eviction that can result from filing a complaint about living conditions in the unit.3
1 Corona Insights, “Rental Market Study: Market Trends, Occupancy Ordinance, and Short Term Rentals”, FCGov.com, Jan. 15,
2019, www.fcgov.com/neighborhoodservices/files/corona-insights-rental-market-report-to-fort-collins-2019-01-15.pdf.
2 Root Policy Research to Fort Collins Housing Strategic Plan, April 12, 2022, “Investor Ownership Analysis Memorandum”, pg.
4-5, retrieved from mccmeetings.blob.core.usgovcloudapi.net/fortcollco-pubu/MEET-Packet-
71444ef2f9d14106a7c3219dcaee3e52.pdf pg. 30.
3 Chisholm, E., Howden-Chapman, P., and Fougere, G. (2020). Tenants' responses to substandard housing: Hidden and invisible
power and the failure of rental housing regulation. Housing, Theory and Society, 37(2), 139-161.
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Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 14
Currently, complaints requesting rental property inspections can only be submitted via email or in paper
form in person at 281 N. College Avenue. The forms are only available in English and contain long -form
questions requiring a narrative about the issues.
The types of issues uncovered in complaint-based inspections that required repair provide a glimpse into
the types of issues experienced by renters in Fort Collins. In early 2023, 148 complaint-based rental
inspections from the past 7 years were compiled and analyzed to gather data on the types of issues
requiring repair in Fort Collins rental homes. Properties were inspected based on minimum health and
safety requirements under the International Property Maintenance Code. On average, rental inspections
resulted in landlords being asked to complete 13 “required actions” that would bring their property into
compliance. The range for the number of “required actions” per unit was 1 to 44. The following is a more
detailed description of the types of compliance issues discovered:
Complaint Category Description
Interior General
(including Light and
Ventilation
Effectiveness at keeping out the elements
General condition under International Property Maintenance Code
Violations mean:
o Home is not secure against the elements (doors, windows, and roof) or
intruders (doors and locks)
o Holes in the walls or ceiling
o Vermin infestation
o No windows/windows are too small
o Hallways/stairways are not properly lit
o Inadequate ventilation from windows, no/inoperable exhaust fans in
bathrooms, and issues with exhaust vents for clothes dryers
The Occupancy portion of this category refers to the general privacy for
individuals
Violations mean:
o Bedrooms are not private
o Lack of easy access to a common bathroom
o Food preparation area lacks enough space and equipment (such as a
refrigerator) to prepare and store foods in a sanitary manner
Note: Most of the complaints were centered around the state of repair of the
home’s interior, its ability to keep out the elements, or defected/damaged
surfaces.
Electrical Facilities Presence of, and state of, electrical service and outlets
Most common violation:
o Lack of GFCI protection in kitchen and bathroom outlets, which can pose
a very serious risk of harmful electric shock.
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Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 14
Complaint Category Description
Exterior General Area outside the home such as the yard, sidewalk, outbuilding, fences,
decks, and stairways that are damaged, in disrepair, or infested by vermin
Hazards due to tripping/falling/collapse risk
Note: This category is not concerned with aesthetic issues such as an
overgrown lawn or fallen leaves that haven’t been picked up.
Mechanical Facilities State of repair of mechanical appliances
Violations mean:
o Mostly cited state of heating and related fuels in the home for homes
unable to be heated to 68 degrees or higher during the fall/winter
months
o Mechanical appliances related to heating do not have proper ventilation
o Risk of a fuel leak from mechanical appliances
Fire Safety
Requirements
Smoke alarms and carbon monoxide detectors
Means to escape the dwelling in the case of a fire including lack of egress
doors/windows
Difficulty escaping in case of a fire
Lack of smoke alarms or carbon monoxide detectors
Plumbing Facilities State of and access to sinks, showers, toilets, and laundry facilities
Lack of functional and sanitary toilets, showers, and sinks, or failure to
properly connect to the sewers
Lack of hot water or water pressure.
Currently, rental units in Fort Collins are regulated by both the State of Colorado’s ‘Implied Warranty of
Habitability’ and the International Property Maintenance Code, adopted by Fort Collins’ Building Services.
These baseline requirements are enforced in different ways. Complaint-based rental inspections follow the
International Property Maintenance Code. Landlords, property owners, and property managers expressed
concern about the financial burden of bringing their rental into compliance with the International Property
Maintenance Code.
The Implied Warranty of Habitability is a state law that requires landlords renting out residential spaces to
maintain those spaces to be “fit for human habitation” and generally safe.4 Examples of habitability
standards include:5
Waterproofing and weather protection that are maintained in good working order on the roof, outside
walls, windows, and doors;
Plumbing or gas facilities that are maintained in good working order and that complied with the
applicable building codes when they were installed;
Running hot and cold water that are furnished to the appropriate fixtures in the property and are
connected to the appropriate sewer system;
4 2020 Colorado Revised Statutes Title 38 - Property - Real And Personal Article 12. Tenants and Landlords Section 38-12-503.
Warranty of habitability.
5 Colo. Rev. Stat. § 38-12-505
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Functioning heating facilities that are in good working order and that complied with the applicable
building codes when they were installed. (NOTE: There is no requirement that the landlord provide air
conditioning or cooling systems of any sort.);
Locks or security devices that are in good working order on all exterior doors and openable windows;
and
Functioning appliances maintained in good working order.
The City of Fort Collins utilizes the International Property Maintenance Code for complaint-based rental
inspections.
Enforcement of the Warranty of Habitability falls to the tenant. The tenant must inform the landlord in writing
of a health or safety concern about the home. If the landlord does not respond with a plan to repair (or for
some issues begin repairs) within the appropriate timeframe under the law, the tenant has a series of
options to enforce the Warranty of Habitability through the court. Some judicial decisions throughout the
life of the case may result in penalties for the tenant from the court even if a violation of the Warranty of
Habitability is later determined to be valid. Local nonprofit legal service providers do not take on Warranty
of Habitability cases due to the cost and staff time, length of the cases, and the likelihood of success for
the tenant compared to the rest of their caseload.
Current State - Mediation
Mediation is an alternative dispute resolution technique that brings parties in conflict together with a neutral
mediator to collaboratively resolve the conflict and reach a mutual agreement on how to proceed with their
interactions. The City of Fort Collins offers free, community mediation services through the Mediation and
Restorative Justice Program. This program has provided landlord/tenant and other types of mediation for
more than 20 years. Around 40% of the calls they receive are housing disputes among landlords, tenants,
and roommates where people may be at risk of eviction.
Over 90% of landlord/tenant mediation requests received by the City are tenant-initiated. Although tenants
contact Mediation and Restorative Justice with an interest in mediation, an average of only 5.5% get to a
mediation process and of those, 30-40% fail to reach an agreement. In 2022, the City’s Mediation Team
received more than 100 mediation requests for landlord/tenant issues and 8 landlord/tenant mediations
were held. The low rate of mediation held compared to the number of contacts can be attributed to
challenges with getting all parties to the table such as face to face nature of mediation, lack of enforceable
protection against retaliation for engaging in the process, and willingness of landlords or property managers
to participate.
Current State - Education and Outreach
Outreach for the complaint-based rental inspections is largely reactive in response to tenant inquiries to
the City about resolving livability issues in their rental unit. The Building Services webpage contains
information on the inspections and the Neighborhood Services webpage offers a variety of other resources
for self-advocacy like mediation services, Landlord-Tenant Handbook, and educational videos from
Landlord-Tenant and Fair Housing Workshops.
Mediation and Restorative Justice has up-to-date brochures available in English and Spanish. The
complaint-based inspections and other landlord-tenant resources do not currently have written promotional
materials. The rental complaint form and the landlord-tenant handbook are only available in English and
the handbook can only be accessed online.
PROPOSED PROGRAM DESIGN
Throughout the two years of discussion on rental housing policy, the primary goal agreed upon by all
sectors of the public and City Council is that the outcome for this program should be improving living
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conditions for renters without displacement. The following program components for Council’s consideration
were developed through a community-centered approach that includes input from previous engagement
efforts; public comment at the hearings; and guidance from City Council, and updated inputs from nonprofit
community partner organizations, renters, and landlords. If the program moves forward, additional
collaborative work on program implementation will continue with a wide range of stakeholders.
1. Rental Property Registration
Items funded under the proposal
Registration/Complaint-Based Inspection Software Upgrade
Rental Housing Program Manager 1.0 FTE
Administration/Technician 1.5 FTE
Data Collection
The proposed program would require landlords/property owners to enroll their properties into the program
and update contact information annually. To maintain complete and timely information, all property owners
who rent to tenants would be required to enroll their rental properties into the program, including both
owner-occupied rental properties and fully renter-occupied properties.
The rental registration information collected would include, but is not limited to:
• Name and contact information of the property owner(s), whether LLC or natural person
• Contact information for the property manager, if one is used; language(s) spoken by property manager
• A local contact located no more than 70 miles from the property, if applicable
• A complete list of additional rental properties owned by the property owner, if applicable
• Types of units at the property
• Commercial name of the property (example: “Horsetooth Ridge Townhouses”) if any
• Age of units
• Monthly rent*
• Utilities or services included in the rent*
• Average length of tenancy per unit/Unit turnover*
• Is this a restricted-occupant unit (example: in a 55+ community, income-qualified, business-provided
workforce housing)
• Has a third-party inspection been completed in the last year?
*Nonprofit partners and tenant advocacy groups support requiring disclosure of monthly rent per unit and
information on the types of leases currently utilized in Fort Collins as part of this program, but some
landlords opposed this as a registration requirement. Program implementation could include these as
optional disclosures and set a timeline to review their inclusion and optional nature.
Additional reporting could be required in the future if the startup phase reveals the need for specific
information that could enable more data-informed decision-making.
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2. Improvements to Complaint-Based Inspections
Items funded under the proposal
See #1, Registration/Complaint-Based Inspection Software Upgrade
Rental Inspectors 2.0 FTE
Vehicles x 2
Upgrades to software – this would automate the process for notifications of violations, track
reinspection, and resolutions of violations, and provide baseline data. This will improve
consistency, efficiency, and data collection/analysis for compliant-based inspections.
Improve access and processes – for compliant-based rental inspections. Intake processes and
forms will be reworked to ensure they are accessible, and that process is understood by all parties.
Extend timeline for reporting – Many complaint-based rental inspections are made when the
tenant plans to move out. This reduces the potential for retaliation by the landlord and may be made
after the tenant has found other suitable accommodations. The current “right of entry” for complaint-
based inspections in the Municipal Code allows only the current resident to grant permission. This
program proposes an internal policy change to allow Rental Inspectors to contact property owners
regarding permission for a complaint-based “move-out inspection” initiated by a former tenant up
to two weeks following the end of the tenancy.
3. Enhanced Mediation
Items funded under the proposal
See #4, Education and Outreach Engagement Specialists (2.5 FTE)
Proactive Mediation Agreements – Nonprofit service providers have negotiated agreements with
many landlords who provide affordable housing to proactively agree to participate in mediation
before attempting to evict the tenant. Program funds and staffing could be leveraged for the
expansion of this initiative.
Additional Engagement Staff – Engagement staff would assist with some education and outreach
related to mediation in addition to other duties under this program. Their primary functions would
be to build relationships with stakeholders including nonprofit partners, renters, and low-
income/fixed-income landlords; establish best practices to decrease displacement and provide
culturally competent engagement opportunities.
Collaborative Working Group – This program could assist with establishing a collaborative
working group among mediation service providers to consider options for working with the court to
provide mediation services for landlords and tenants in the time between an eviction filing and a
judicial hearing.
The City’s Mediation and Restorative Justice Program and several housing -related nonprofits
provide mediation services under the Eviction Legal Fund. The City’s program and the nonprofits’
programs function differently. The nonprofits are exploring a promotor’s model where community
members are trained in mediation and wrap-around housing resources/navigation and deliver those
services in the neighborhoods where they live. The City’s program is carried out by volunteers from
neighborhoods across the city, focuses on the mediation program, and cannot refer participants to
other service providers or community resources. However, the City’s program has funding and
potential for capacity-building for housing-related mediation services that the nonprofits do not.
Larimer County Court currently provides hearings in Forcible Entry and Detainer or “eviction”
proceedings before multiple judges that can be scheduled any day of the week when that courtroom
has an opening in the docket. Other Colorado county courts require mediation prior to a judge
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hearing an eviction case. There are indications that Larimer County Court may be interested in
further discussions around their process and a potential local pilot program, however there is
currently not enough capacity between the Mediation and Restorative Justice Program and the
nonprofit Eviction Legal Fund service providers combined to facilitate such a pilot.
Enhancements to housing-related mediation services are intended to build trust and remove barriers to
participation with the acknowledgment that it may be difficult for enhanced mediation services to
demonstrate outcomes quickly.
4. Education and Outreach
Items funded under the proposal
Engagement Specialists 2.5 FTE (2 full-time and 1 part-time)
Development of educational materials, warranty of habitability and rental minimum standard
guidelines disclosures, and resource booklet
Voluntary, educational community assessments for minimum health and safety standards
Mitigation Grant Fund Pilot (funding would require a separate Council action and appropriation)
Exploration of low/no-interest loan options for landlords (funding would require a separate
Council action and appropriation)
The following strategies are included in the proposed funding:
Additional Engagement Staff – Two full-time and one part-time engagement staff would build
relationships with stakeholders including nonprofit partners, renters, low-income/fixed-income
landlords, and property managers/property owners; establish best practices to decrease displacement;
and provide culturally competent engagement opportunities.
Additional minimum health and safety materials – The Chief Building Official for the City of Fort
Collins developed draft rental inspection guidelines (see Attachment) that address minimum health and
safety standards for potential use in rental inspections moving forward which outlines expectations of
the unit, achieving the result of improved living conditions and decreasing the fear of the potential
financial impact of necessary repairs for property owners through transparency and education.
Additional descriptive guidance documents, photographs, and videos would be available on the rental
housing webpage.
Development of Warranty of Habitability/Rental Housing Inspection disclosure and resource
booklet for landlords and tenants – Colorado Legal Services has an excellent one-page, educational
brochure on the Warranty of Habitability and minimum living conditions for rental properties that could
be used for this purpose immediately. All educational materials, resource links, and details on the
standards would be available to the public on a City-maintained website.
Voluntary, educational community assessments for minimum health and safety standards – In
a model like the successful Healthy Homes program, these assessments would be voluntary,
educational in-home assessments, conducted by trained community members as a companion to the
complaint-based inspection system to assist landlords with voluntary compliance and calculation of
potential financial impacts. Tenant-requested educational community assessments would also help
delineate life, health, and safety issues of the built environment in need of immediate repair from issues
that fall outside the scope of enforcement for the City of Fort Collins. Components could include a mini
Do-It-Yourself toolkit for landlords uncomfortable with in-home assessments. Training community
members in minimum health and safety standards also improves general community awareness and
builds skills for a possible career pipeline into City positions.
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Pilot grant fund for low -income landlords to improve substandard living conditions (2024) –
Building on the success of the Mobile Home Park Mini-Grant outcomes from 2020, piloting a grant fund
for mitigation of habitability issues would provide data on uptake rates, depth of issues within a single
rental unit, breadth of issues across the city, and affordability metrics.
A proposed pilot $100,000 mitigation grant fund in 2024 would be available for income-qualified
landlords who voluntarily participate in educational community assessments detailed below. A pilot
grant fund would assist with determining the scope of health and safety issues citywide and per rental
unit and uptake rates from landlords and create a new pathway to voluntary compliance. Grant
recipients could be required to cap rent increases to no more than 3% per lease period per improved
unit for a specified period of time commensurate with grant amounts, as outlined in the Rental Housing
Program Equity Assessment.
Exploration of a low-interest/no-interest loan product for landlords – Modeled after Fort Collins
Utilities’ Epic Loan Program, feasibility and options will need additional time to be investigated. If
desired, Staff could present Council with options and research findings in the future.
The following additional strategies are supported by stakeholder engagement feedback, success of
existing analogous City programs, and City Councilmembers’ input and could be part of the rental housing
program implementation although they are not current commitments under the proposed funding.
Neighborhood-level clean-up and repair volunteer days – This component would require the
development of partnerships with skilled volunteers from nonprofit organizations like Habitat for
Humanity and businesses with home repair expertise. These repair days are envisioned for lower-
income neighborhoods and areas with high concentrations of rental properties.
Building Permit “Coupon Weeks” for limited, specific permit applications related to health and
safety – In the past and in the interest of equity, Building Services has temporarily decreased the cost
of certain permits for specific neighborhoods to increase safety and voluntary compliance. This program
proposes similar reduced rate permits for a limited time and manner for improvements in substandard
living conditions by property owners. This may require funding from a BFO offer or grant funding.
Ask Inspector events and anonymous online forum
Expansion of landlord and tenant training sessions, online materials, and stakeholder-specific
cohorts
Addressing outreach challenges – Increasing access to and awareness of the existing complaint-
based rental inspection program may result in the loss of some rental units, particularly for owner -
occupied properties with some associated rental units (such as a home where the owner has
roommates). The threat of costs associated with compliance may encourage these landlords to stop
renting out their units but remain in the home as a non-rental property, eliminating the cost of
compliance and fear of inspection by decreasing available rental housing stock and displacing current
tenants.
Ninety point three percent (90.3%) of rental home investors in Fort Collins only own one (1) rental
property, making them less likely to use rental income as their primary source of income than investors
who own multiple properties and are less likely to participate in industry associations. This combination
creates a need for engagement and education delivery models that focus on the individual property
owner rather than on affiliate organizations, which takes longer and must include design elements that
are customized.
Additional research into the feasibility of components with financial impacts or those requiring more
complex coordination will be conducted and reported to Council following the onboarding of program staff.
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TIMELINE
PROPOSED FEE STRUCTURE
The proposed Rental Housing Program fee structure has been designed to cover all administrative costs
as projected for the first six years of implementation. Regular analysis of fees to evaluate cost recovery will
be included in the administrative tasks of the Rental Housing Program staff, similar to many other fee-
based City programs.
To balance the impact of fees across different types of landlords and properties, staff proposes a hybrid
fee structure that allocates program costs to both the rental property (75% of the cost) and each unit being
rented (25% of the cost). Staff's intent in proposing a hybrid fee structure is to provide a more equitable
distribution of costs among different property types.
Proposed Fee Table (75% based on property and 25% based on units)
Annual Fees Per Property Per Unit
Registration $37 $10
Q3 2023
Hiring and
Onboarding Staff
Improve
Complaint-Based
Access
Determine
Program Metrics
Q4 2023
Software Upgrades
and IT Improvements
Enhanced Mediation
Education on
Complaint-Based
Inspections
Recruitment for
Community
Assessment Team
Begin Exploring
Loan Product
Q1 2024
Rental Registration
Outreach
Training for
Community
Assessment Team
Hire Remaining
Staff
Q2 2024
Begin Rental
Registration
Mitigation Grant
Program Pilot for
Income-Qualified
Landlords
Begin Voluntary
Community
Assessments
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PROPOSED STAFFING AND STARTUP COSTS
The proposed staffing and startup costs of the Rental Housing Program are based on a phased approach
to hiring during the startup phase. Hiring would start with four staff to begin education, outreach, and
implementation. Then additional staff will be added as needed to support implementation. In total, the staff
is requesting an appropriation of $1.1 million over a 2-year period ($461,375 in 2023 and $614,700 to be
appropriated in late 2023 for 20up phase of the proposed program. Note that all appropriations for 2024
will be made by separate ordinance in late 2023, including the $100,000 potential funding for a mitigation
grant fund pilot.
FTE Per FTE
Cost
2023 Costs (from June-
Dec. 2023)
2024
Costs
Compensation
Program Manager 1 $ 90,000 $ 45,000 $ 90,000
Lead Rental Inspector 1 $ 80,000 $ 40,000 $ 80,000
Rental Inspector .5 $ 35,000 $ 17,500 $ 35,000
Engagement Specialist – Landlords 1 $ 65,000 $ 32,500 $ 65,000
Engagement Specialist – Tenants 1 $ 65,000 $ 32,500 $ 65,000
Part-Time Engagement Specialist
(Connector or Housing Navigator)
.5 $ 30,000 $ 15,000 $ 30,000
Admin/Tech 1.5 $ 75,000 $ 25,000 $ 75,000
Total FTE 6.5 $207,500 $440,000
Benefits 0.25 $ 51,875 $110,000
Total Compensation $259,375 $550,000
One-Time Costs
Quantity Cost/Item Total Cost 2023 Total Cost 2024
Software (Complaint-Based
System)
1 $75,000 $ 75,000 $0
Vehicle 2 $30,000 $ 60,000 $0
Computer Hardware – Non-
Inspectors
6 $ 1,500 $ 9,000 $0
Computer Hardware –
Inspectors
2 $ 2,800 $ 5,600 $0
Outreach and Program
Supplies
N/A N/A $ 5,000 $ 10,000
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One-Time Costs
Quantity Cost/Item Total Cost 2023 Total Cost 2024
Tools 2 $ 100 $ 200 $0
Mitigation Grant Fund Pilot N/A $100,000* $0 $0
Total One-Time Costs $154,800 $ 10,000
* Will pursue a 2024 Appropriation.
Ongoing Annual Costs
Quantity Cost/Item Total Cost 2023 Total Cost 2024
Vehicle Maintenance/Fuel 2 $10,000 $20,000 $20,000
Translation N/A N/A $10,000 $10,000
Postage N/A N/A $10,000 $10,000
Phone 7 $ 600 $ 4,200 $ 4,200
Marketing N/A N/A $ 2,500 $10,000
Uniforms (Inspectors) 2 $ 250 $ 500 $ 500
Total Ongoing Annual Costs $47,200 $54,700
Total Costs 2023 and 2024
Total Cost 2023 Total Cost 2024
Total Compensation $259,375 $550,000
One-Time Costs $154,800 $ 10,000
Ongoing Costs $ 47,200 $ 54,700
Total Costs $461,375 $614,700
PREVIOUS COUNCIL DIRECTION
The most recent community discussion about rental housing strategies began in 2020 as part of the
development of the Housing Strategic Plan. In December 2020, the Council Ad Hoc Housing
Committee expressed interest in exploring rental licensing to support healthy, stable housing for people
who rent their homes. The Committee encouraged consideration of a pilot program for rental
registration or licensing.
At the October 26, 2021 work session, staff shared information with Council about the history of rental
housing strategies, findings from recent demographic and market analysis, a summary of peer cities
research, and an outline of a proposed roadmap to implement rental housing strategies. Several
Councilmembers supported additional community engagement in early 2022 to further explore the
potential design of a rental registration/licensing program.
Staff conducted community engagement during an 8-month period between December 2021-July
2022. The outcomes and themes from community engagement, recommendations from a Rental
Housing Task Force composed of community members, a summary of best practices, and an
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exploration of potential next steps toward implementation were the focus of a work session with Council
on August 23, 2022. At this work session, Council directed staff to design a Rental Housing Program
that included proactive inspections.
In response to Council feedback, a cross-departmental staff team designed a Rental Housing Program
comprised of two essential components: 1) property registration; and 2) proactive inspections. The
proposed program would have required an initial appropriation of $1.6 million for its startup phase. An
overview of the proposed program and its expected financial impact was presented to the Council
Finance Committee on December 1, 2022. The Committee supported bringing the Rental Housing
Program before the full Council for consideration on First Reading.
At the first reading on January 17, 2023, Council voted to table the Rental Housing Program as
presented and asked staff to bring scaled options to a future work session.
At the February 28, 2023 work session, Council reviewed scaled options for a Rental Housing Program.
Three options were presented: rental registration with improved complaint-based inspections (Option
1), rental registration with delayed proactive inspections (Option 2), and rental registration with
proactive inspections (Option 3). Proposed improvements to the complaint-based inspection program
in Option 1 included the expansion of landlord/tenant mediation support, enhanced education and
outreach, and additional staff capacity to perform rental inspections. Most Councilmembers supported
Option 2 and staff scheduled First Reading of an ordinance encompassing Option 2 for April 4, 2023.
At the April 4, 2023 meeting, Council approved on First Reading a rental housing registration and
proactive inspection program by a 4-3 vote.
In response to community concerns about unintended consequences, at the Second Reading of an
ordinance to create a rental housing registration and proactive inspection program on April 28, 2023,
City Council voted to indefinitely postpone further discussion or decisions on that ordinance. Council
then directed staff to bring forward a rental registration program that included improvements to the
existing complaint-based inspection system, including software upgrades; enhanced mediation; and
increased inclusive education and outreach tools and resources.
CITY FINANCIAL IMPACTS
On December 1, 2022, staff presented initial estimates of the proposed Rental Housing Program's initial
and ongoing costs and anticipated fee structure, which was designed to make the program self-sustaining
upon full implementation. Two of three Council Finance Committee members were supportive of an
appropriation of $1.6 million from General Fund reserves ($750,000 in 2023 and $850,000 in 2024) to fund
the first two years of the program in its startup phase.
The currently proposed option described herein has lower startup costs than the program presented in
December. In total, the staff is requesting an appropriation of approximately $1.1 million from General Fund
reserves ($461,375 in 2023 and $614,700 to be appropriated in late 2023 for 2024). A 2024 Revision offer
will be completed during the revision process in July of 2023 to gain Council approval to appropriate the
2024 amount from General Fund reserves needed for this program. Note that the $100,000 potential
funding for a mitigation grant fund pilot would require a separate appropriation request for 2024 from the
program appropriation request for 2024.
The fees are set at the full cost recovery amounts, the revenue projection exceeds the appropriation
request and would recover the startup costs within five years.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
An overview of the proposed program and its expected financial impact was presented to the Affordable
Housing Board and the Council Finance Committee on December 1, 2022.
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PUBLIC OUTREACH
Public engagement processes that assisted with shaping the proposed Rental Housing Registration
Program components included:
Housing Strategic Plan engagement 2020-2021
Rental industry presentations Feb. 2022
Rental Industry Questionnaire Feb.-March 2022
Rental Housing Task Force March-Aug. 2022
Community Questionnaire August 2022
Housing Nonprofit, Renter, Small Landlord Stakeholder Meetings April-May 2023
Outreach for the development of the rental housing program focused on landlords, property managers,
and property owners. An initial rental industry questionnaire and educational presentations were provided
to industry stakeholders in early 2022 but a parallel engagement track for renters had fewer formal
opportunities to provide input and nonprofit entities that work in the housing sector had no dedicated
engagement for the program development. There was previous engagement with renters during the
Housing Strategic Plan process expressing support for changes. The Rental Housing Taskforce did include
participants from the renter or former renter category and from landlords, property managers, or real estate
professionals. Stakeholders from rental housing program engagement activities stated an interest in follow-
up regarding the proposed program design on proactive rental inspections, occupancy policy, and rental
registration before the proposal went to Council for consideration but some felt they had limited
opportunities to review or provide additional feedback.
Nonprofit community partners expressed concern related to the lack of opportunities for nonprofits and
renters to provide feedback or guidance in the process, citing unintended consequences for renters and
low-income landlords they believe were not considered or acknowledged as risk factors in the program
development. Since the Second Reading of the previous ordinance, Neighborhood Services staff has been
collaborating closely with nonprofit community partners, renters, and fixed-income/low-income landlords to
co-create educational program components and proposed incentives for voluntary compliance with the
minimum habitability standards and participation in mediation. The proposed program design reflects the
outcomes of this community-centered work.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Rental Market Study - Corona Insights (2019)
4. Warranty of Habitability - Colorado Legal Services
5. Equity Assessment 2023
6. Proposed Rental Housing Minimum Requirements
7. Rental Registration Presentation
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ORDINANCE NO. 086, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF FORT COLLINS
TO ADOPT A RENTAL HOUSING PROGRAM AS AN IMPLEMENTATION ACTION OF
THE HOUSING STRATEGIC PLAN AND THE OUR CLIMATE FUTURE PLAN
WHEREAS, livable housing has a positive impact on health, economic security,
educational attainment and the overall stability of individuals and families in communities; and
WHEREAS, in Fort Collins, the best available data suggests that more than 40% of all
housing units are renter-occupied; and
WHEREAS, the renter community, which makes up a significant portion of the City’s
population, would benefit from proactive rental property registrations and continued complaint-
based inspections conducted by the City to ensure the health, safety and habitability of their rental
housing; and
WHEREAS, the City Council has thoroughly considered options for advancing the
objectives of the Council-adopted Housing Strategic Plan (Strategy 20) and Our Climate Future
Plan (Strategy HAH6) through a rental housing program; and
WHEREAS, the City Council has determined that the approach that best balances the costs
and benefits of a rental housing program includes rental registration, improvements to the
complaint-based inspection system and software, enhanced mediation, education and outreach,
and incentives for voluntary compliance; and
WHEREAS, in order to pursue that preferred approach, this Ordinance amends Chapter 5
of the City Code to adopt a rental housing program (the “Program”); and
WHEREAS, as part of the Program, the City will maintain a complaint-based rental
inspection system to promote safe and habitable housing for renters and will engage and maintain
communication with nonprofit organizations and landlord groups to understand the impacts and
effect of this rental housing registration program on renters and landlords; and
WHEREAS, through the Program the City will provide information and education to
tenants and landlords regarding the prohibition against renter retaliation for making complaints or
reporting instances of unsafe housing; and
WHEREAS, in order for staff to initiate the Program in 2023, Council is also considering
the appropriation of funds for startup and implementation of the Program; and
WHEREAS, the Council has determined, and now finds, that the adoption of this
Ordinance is necessary to ensure safe and stable housing that allows individuals, families and
communities to thrive and is necessary for the public’s health, safety and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 5-236 of the Code of the City of Fort Collins is hereby deleted
in its entirety and held in reserve.
Sec. 5-236. - Definitions.
For the purposes of this Article, certain terms, phrases, words and their derivatives shall be
construed as expressly stated herein and as follows:
Words stated in the present tense include the future; words stated in the masculine gender include
the feminine and neuter; the singular number includes the plural and th e plural, the singular.
Where terms are not defined in this Division and are defined in the City Code, Land Use Code,
International Building Code, International Fire Code, Land Use Code, International Plumbing
Code, International Mechanical Code or Nationa l Electrical Code, such terms shall have the
meanings ascribed to them as stated in those codes. Where terms are not defined through the
methods authorized by this Section, such terms shall have ordinarily accepted meanings such as
the context implies. Whe never the words dwelling unit, dwelling, premises, building, rooming
house, rooming unit, housekeeping unit or story are stated in this code, they shall be construed
as though they were followed by the words "or any part thereof."
Electronic record shall mean a record created, generated, sent, communicated, received or stored
by electronic means and reproducible in a physical document.
Owner shall mean any person whose name appears on the tax bill for the property or who, alone
or jointly or severally wit h others, has legal title to any dwelling or dwelling unit, with or without
actual possession thereof, or has charge, care or control of any dwelling or dwelling unit as
owner, executor, executrix, administrator, trustee, guardian of the estate of the owne r, mortgagee
or assignee of rents. Owner shall not include any person, group of persons, company, association
or corporation who holds only a security interest or easement on the real property upon which
the dwelling or dwelling unit is situated.
Property manager shall mean any person, group of persons, company, firm or corporation
charged with the care and control of rental housing as defined below who performs services with
respect to such rental housing under a contract with the owner thereof or who oth erwise acts as
representative of an owner with respect to such rental housing.
Rental dwelling unit shall mean one (1) or more rooms occupied or intended to be occupied as a
unit exclusively for residential purposes that is leased, rented or sublet for co mpensation
(including money or services or the sharing of expenses) and that is located in a boarding house
or a single-family, two-family or multi-family dwelling.
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Rental housing shall mean any building or mobile home or portion thereof, including the lo t,
tract or parcel of land on which the same is located, containing any dwelling unit, or guest room
which is leased, rented or sublet to a family or person(s) for compensation (including money or
services, and the sharing of expenses).
Section 3. That a new Section 5-221 is hereby created in Chapter 5 of the Code of the
City of Fort Collins to read as follows:
ARTICLE VI.
HOUSING STANDARDS
Division 1
Generally
Sec. 5-221. Definitions.
For the purposes of this Article, certain terms, phrases, words and their derivatives shall be
construed as expressly stated herein and as follows:
Words stated in the present tense include the future; words stated in the masculine gender include
the feminine and neuter; the singular number includes the plural and the plural, the singular. Where
terms are not defined in this Division and are defined in the City Code, Land Use Code,
International Building Code, International Fire Code, International Plumbing Code, International
Mechanical Code or National Electrical Code, such terms shall have the meanings ascribed to them
as stated in those codes. Where terms are not defined through the methods authorized by this
Section, such terms shall have ordinarily accepted meanings in the context used. Whenever the
words long-term residential rental dwelling unit, dwelling unit, dwelling, premises, building,
rooming house, rooming unit, housekeeping unit or story are stated in this Article, they shall be
construed as though they were followed by the words “or any part thereof.”
Agent shall mean any person legally authorized to act on behalf of or in place of the owner or
lessee of a long-term residential rental dwelling unit and for receipt of notices and legal service of
process related to a long-term residential rental dwelling unit. An agent may also be the local
contact.
Applicant shall mean any person who seeks to register a long-term residential rental dwelling unit
as a long-term residential rental under this Division.
Building shall mean a structure with the capacity to contain, and is designed for the shelter of,
humans, animals, or personal property of any kind. Building shall include, without limitation, any
house, office building, store, warehouse, or any other residential or nonresidential structure of any
kind, whether or not such structure is permanently affixed to the ground upon which it is situated,
and any trailer, semi-trailer, trailer coach, mobile home, or other vehicle designed or used for
occupancy by persons for any purpose.
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Building official shall mean the Chief Building Official with the administrative and enforcement
authority as provided in this Article, and their designees.
Director shall mean the Director of Community Development and Neighborhood Services with
the administrative and enforcement authority provided in this Article, and their designees.
Electronic record shall mean a record created, generated, sent, communicated, received or stored
by electronic means and reproducible in a physical document.
Imminent danger shall mean an existing condition that is reasonably likely to cause immediate
serious or life-threatening injury or death.
Lease shall mean an agreement by which an owner of residential rental property conveys the right
to use and occupy such property to an occupant or tenant or lessee, in exchange for consideration.
Lessee or tenant shall mean a person having a possessory interest in a property under an oral or
written lease agreement.
Local contact shall mean one or more persons legally authorized by the owner to access the long-
term residential rental dwelling unit, to make decisions regarding the long-term residential rental
dwelling unit, to accept service of notices of noncompliance with this Article’s requirements in
lieu of the owner and have a physical residential or business address no more than seventy (70)
miles from the registered long-term residential rental dwelling unit in order to respond to any issues
raised by the lessee or the City.
Long-term residential rental dwelling unit shall mean one or more rooms and a single kitchen and
at least one bathroom, designed, occupied or intended for occupancy as separate quarters for the
exclusive use of a single family for living, cooking and sanitary purposes, located in a single-
family, two-family or multi-family dwelling or mixed-use building that is leased, rented or sublet
for compensation (including money or services or the sharing of expenses), in part or in whole,
for periods of thirty (30) consecutive days or more. Long-term residential rental dwelling unit shall
not include such land, buildings, and residential units owned by the Board of Governors of the
Colorado State University System or utilized by Colorado State University for the housing of
students or faculty or for other educational purposes.
Municipal court or court shall mean the municipal court of the City as established in Article VII,
Section 1 of the Charter.
Owner shall mean any person whose name appears on the tax bill for the property or who, alone
or jointly or severally with others, has legal title to any long -term residential dwelling or long-
term residential rental dwelling unit, with or without actual possession thereof, or has charge,
care or control of any long-term residential dwelling or long-term residential rental dwelling or
long-term residential rental dwelling unit as owner, executor, executrix, administrator, trustee,
guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include any
person who holds only a security interest or easement on the real property upon which the long -
term residential rental dwelling unit is situated.
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Person means any individual, corporation, association, firm, joint venture, estate, trust, business
trust, syndicate, fiduciary, partnership, limited partnership, limited liability company, and body
politic and corporate, and all other groups and combinations.
Property manager shall mean any person charged with the care and control of rental housing or
long-term residential rental dwelling unit who performs services with respect to such rental
housing or long-term residential rental dwelling unit under a contract with the owner thereof or
who otherwise acts as representative of an owner with respect to such rental housing or long -
term residential rental dwelling unit.
Registered premises or premises shall mean a long-term residential rental dwelling unit that has
a valid registration issued pursuant to Division 3 allowing long-term residential rental of such
long-term residential rental dwelling unit.
Rental housing shall mean any building or mobile home or portion thereof, including the lot,
tract or parcel of land on which the same is located, containing any long-term residential rental
dwelling unit, or guest room which is leased, rented or sublet to a family or pe rson(s) for
compensation (including money or services, and the sharing of expenses) in part or in whole, for
periods of thirty (30) consecutive days or more. Rental housing shall not include such land,
buildings, and residential units owned by the Board of Governors of the Colorado State University
System or utilized by Colorado State University for the housing of students or faculty or for other
educational purposes.
Section 4. That reserved sections in Division 1, Article VI of Chapter 5 of the Code of
the City of Fort Collins will be Section 5-222 to Section 5-236.
Section 5. That Article VI of Chapter 5 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Division 3, to read in its entirety as follows:
Division 3
Long-Term Rental Registration
Subdivision A. Generally
Sec. 5-280. Purpose.
This registration of long-term residential rental properties is implemented pursuant to this Division
to ensure the health and safety of renters of long-term residential properties, to promote safe and
stable housing for renters and to improve the City’s overall livability.
Sec. 5-281. Administration.
The Director and Building Official shall administer the provisions of this Division and are
authorized to jointly promulgate rules and regulations for its administration and implementation.
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Sec. 5-282. Reserved.
Subdivision B. Registration
Sec. 5-283. Registration required.
An owner of a long-term residential rental dwelling unit shall register it with the City and comply
with the requirements pursuant to this Division.
Sec. 5-284. Application for registration.
(a) Any person seeking to register a particular long-term residential rental dwelling unit
pursuant to this Division, or renew an existing registration, must file a complete application and
pay all applicable fees. The Director may approve or deny registration based on whether the
applicant and the premises proposed to be registered or renewed satisfy all the requirements of this
Division.
(b) The Director may require additional information and documentation as the Director deems
necessary to determine whether an initial or renewal application meets the requirements of this
Division.
(c) At the time of an initial or renewal application for registration, each applicant shall pay a
fee in an amount set by the City Manager in accordance with § 7.5-1.
Sec. 5-285. Registration requirements.
(a) The following are the minimum requirements that must be satisfied by the applicant for the
issuance or renewal of a long-term residential rental dwelling unit registration.
(1) The applicant must provide documentation satisfactory to the Director that the
applicant is the owner of the long-term residential rental dwelling unit, or the owner’s
authorized agent.
(2) The long-term residential rental dwelling unit must comply with all applicable
federal, state, and local laws including, but not limited to, this Code and the City’s Land
Use Code.
(3) The property and long-term residential rental dwelling unit must comply with all
applicable building, sanitation, mechanical, electrical, structural and fire safety
requirements in Chapter 5 of the Code in addition to the administrative regulations adopted
pursuant to § 5-281 of the Code.
(i) The applicant shall certify that the property and long-term residential rental
dwelling unit comply with all applicable building, sanitation, mechanical,
electrical, structural and fire safety requirements in Chapter 5 of the Code in
addition to the administrative regulations adopted pursuant to § 5-281 of the Code.
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(b) If applicable, the applicant may identify one or more persons who can serve as the local
contact. Any such person must have access to the long-term residential rental dwelling unit and
be authorized to make decisions regarding the long-term residential rental dwelling unit.
Sec. 5-286. Issuance of registration.
Upon the applicant’s compliance with the requirements of this Division, the Director shall register
the long-term residential rental dwelling unit.
(a) Each registration shall be applicable only to the long-term residential rental dwelling unit
for which approval is granted by the Director and no registration shall be transferrable.
(b) A registration shall terminate upon transfer of ownership of the registered long-term
residential rental dwelling unit.
Sec. 5-287. Term of registration and renewal.
Registration issued pursuant to this Division shall be valid for one (1) year. Registration must be
renewed annually.
(a) Renewal applications shall be reviewed by the Director in consultation with the Building
Official, and are subject to § 5-288 and § 5-308, must meet the standards set forth in § 5-285 and,
if applicable, enforcement under § 5-306.
(b) Any prior violation of the provisions of this Article may be considered by the Director
during the registration renewal review and may result in non-renewal. In the Director’s discretion,
after consultation with the Building Official as necessary, the Director may impose conditions
upon a registration at the time of renewal to address non-compliance with the terms of the
registration, the provisions of this Article, or any other applicable provision of federal, state, or
local law. Failure to comply with such conditions may result in suspension, revocation, or non-
renewal of the registration pursuant to § 5-308 and, if applicable, enforcement under § 5-306.
Sec. 5-288. Registration regulations.
Upon completion of registration pursuant to this Division, the following requirements must be met
for the registration to remain valid.
(a) The owner shall comply with the terms of the registration and all applicable provisions of
this Code, including, but not limited to, this Chapter 5, Chapter 20 regarding nuisances, the Land
Use Code, and any other applicable provision of federal, state, and local law.
(b) The owner shall maintain the long-term residential rental dwelling unit in compliance with
the minimum rental housing requirements as provided in § 5-296.
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Sec. 5-289. Fees
The fees authorized and imposed under this Division shall be paid by the owner to the City as
directed in any notice provided under this Article.
Sec. 5-290. Grounds for denial.
(a) The following are each grounds for the Director’s denial of an application for registration
or renewal:
(1) Registering the long-term residential rental dwelling unit would violate any
applicable federal, state, or local law, and any rules and regulations adopted pursuant
thereto.
(2) The premises of the long-term residential rental dwelling unit does not comply with
the requirements of the Land Use Code or with any applicable provisions of Chapters 5, 9,
12 or 20 of this Code.
(3) The applicant fails any inspection, fails to obtain necessary permits for the premises
of the long-term residential rental dwelling unit or is in violation of any applicable federal,
state, or local law, and any rules and regulations adopted pursuant thereto.
Sec. 5-291. Appeal.
An owner may appeal any decision whether to grant, renew, suspend, or revoke an application or
registration under this Division to the City Manager in accordance with Chapter 2, Article VI of
this Code. The City Manager’s decision shall be final.
Secs. 5-292 – 5-295. Reserved.
Subdivision C. Inspections
Sec. 5-296. Complaint-Based Inspections.
The Building Official has the right to inspect a property pursuant to any other provision of this
Chapter 5, including, but not limited to, inspections based on a request of a tenant, owner, manager,
or complainant.
Secs. 5-297 – 5-305. Reserved.
Subdivision D. Violations and Penalties
Sec. 5-306. Violations and penalties.
(a) In addition to the suspension, revocation or refusal to renew any registration hereunder and
except as provided in subsection (b) below, any owner who violates any provision of this Division
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may be punished by a fine or imprisonment or both in accordance with § 1-15 of this Code as
described below. Each day that a violation of this Division continues shall be deemed a separate
offense. Additionally, the City may take any other legal action available to address violations of
the provisions of this Article.
(b) It shall be unlawful for any owner to lease or to allow the use, maintenance, or occupancy
of any long-term residential rental dwelling unit that does not have a current, valid registration as
described in in §§ 5-285 and 5-287. Such violation is a civil infraction pursuant to § 1-15(f) of this
Code.
Sec. 5-307. Enforcement.
(a) The Director or Building Official may cause to be issued a summons and complaint for
prosecution in municipal court in accordance with the procedures established in Chapter 19 of this
Code.
(b) Upon conviction of any person for a violation of this Division, the Director may place a
notice of the violation on the City’s website that contains the address of the subject long-term
residential rental dwelling unit and a statement that the long-term residential rental dwelling unit
was found not to comply with a requirement or limitation of this Division. Such notice shall remain
on the City’s website only until such time as the owner of the subject long-term residential rental
dwelling unit establishes, to the reasonable satisfaction of the City, that the condition that caused
the violation has been corrected.
Sec. 5-308. Suspension, revocation, or nonrenewal of registration.
(a) In addition to the grounds set forth in § 5-306, the Director may suspend, revoke, or not
renew any registration issued pursuant to this Division if the Director determines that either of the
following have occurred:
(1) Fraud, material misrepresentation or false statement in the initial application for
registration or any renewal application; or
(2) Failure to comply with the requirements of § 5-288.
(b) Procedures for investigation of registration violations and for suspension, revocation or
other registration sanctions as a result of any such violation shall be as provided in § 5-307 of this
Division and any rules and regulations promulgated as provided in § 5-281.
(c) The suspension or revocation of a registration shall not affect any lease or other
arrangement for possession between the owner and the tenant. However, the owner shall not enter
into any new arrangement for possession, nor renew any arrangement, during active suspension or
revocation of its registration. Additionally, the owner must comply with any conditions related to
the disciplinary action.
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Sec. 5-309. Public nuisance.
A violation of any provisions of this Division is hereby declared to be a public nuisance, subject
to abatement by the City in accordance with the procedures established in Chapter 20 of this Code.
Secs. 5-310 – 5-344. Reserved.
Section 6. That the Council directs the City Manager to develop and implement the
administrative and financial processes for this registration program.
Section 7. That the Council directs the City Manager to bring this matter to the
attention of the Council for a progress report and update from City staff in a work session no later
than July 2024.
Section 8. That Section 5-256 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 5-256 Enforcement authority; rules and procedures.
The Building Official is hereby authorized and directed to enforce all of the
provisions of this Article. For such purposes, the Building Official shall have the
authority to adopt and promulgate administrative rules and procedures consistent with
the provisions of this Article ; to interpret and implement the provisions of this Article;
to secure the intent thereof; to enforce all provisions of this Article pursuant to the terms
of this Article or pursuant to the authority granted by the Chief of Police under Paragraph
2-5042-503(b)(2); and to designate requirements applicable because of local climatic or
other conditions. Such rules shall not have the effect of waiving structural or fire
performance requirements specifically provided for in this Article, or of violating
accepted engineering methods involving public safety.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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Passed and adopted on final reading this 20th day of June, 2023.
_____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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ORDINANCE NO. 087, 2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE
STARTUP PHASE OF THE RENTAL HOUSING REGISTRATION PROGRAM
WHEREAS, livable housing has a positive impact on health, economic security,
educational attainment and the overall stability of individuals and families in communities; and
WHEREAS, in Fort Collins, the best available data suggests that more than 40% of all
housing units are renter-occupied; and
WHEREAS, the renter community, which makes up a significant portion of the City’s
population, would benefit from proactive rental property registrations and continued complaint-
based inspections conducted by the City to ensure the health, safety and habitability of their rental
housing; and
WHEREAS, the City Council has thoroughly considered options for advancing the
objectives of the Council-adopted Housing Strategic Plan (Strategy 20) and Our Climate Future
Plan (Strategy HAH6) through a rental housing program; and
WHEREAS, the City Council has determined that the approach that best balances the costs
and benefits of a rental housing program includes rental registration, improvements to the
complaint-based inspection system and software, enhanced mediation, education and outreach,
and incentives for voluntary compliance; and
WHEREAS, in order to pursue that preferred approach, the Council has considered and
adopted Ordinance No. 086, 2023, amending Chapter 5 of the City Code to adopt a rental housing
program (the “Program”); and
WHEREAS, as part of the Program, the City will maintain a complaint -based rental
inspection system to promote safe and habitable housing for renters and will engage and maintain
communication with nonprofit organizations and landlord groups to understand the impacts and
effect of this rental housing registration program on renters and landlords; and
WHEREAS, through the Program the City will provide information and education to
tenants and landlords regarding the prohibition against renter retaliation for making complaints or
reporting instances of unsafe housing; and
WHEREAS, in order for staff to initiate the Program in 2023, it is necessary for Council
to appropriate funds for startup and implementation of the Program; and
WHEREAS, this appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of ensuring safe and stable rental housing
that allows individuals, families and communities to thrive; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance at any
time during the fiscal year such funds for expenditure as may be available from reserves
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accumulated in prior years, notwithstanding that such reserves were not previously appropriated;
and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the General
Fund and will not cause the total amount appropriated in the General Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FOUR HUNDRED SIXTY-ONE THOUSAND THREE HUNDRED
SEVENTY-FIVE DOLLARS ($461,375) to be expended in the General Fund for the Startup Phase
of the Rental Housing Registration Program.
Introduced, considered favorably on first reading, and ordered published this 6th day of
June, 2023, and to be presented for final passage on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 20th day of June, 2023.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
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Warranty of Habitability
By law, every residential lease in Colorado includes a "Warranty of Habitability".
The Warranty of Habitability requires landlords to maintain living spaces they rent
out up to some basic standards. The law requires that rental units are to be general
safe and "fit for human habitation."
What are the basic requirements under the Warrant of
Habitability?
Landlord Duties
Landlords are required to make sure that their properties have:
•Waterproofing and weather protection that are maintained in good
working order on the roof, outside walls, windows and doors
•Plumbing or gas facilities that are maintained in good working order and
that complied with the applicable building codes when they were installed
•Running hot and cold water that are furnished to the appropriate fixtures in
the property and are connected to the appropriate sewer system
•Functioning heating facilities that are in good working order and that
complied with the applicable building codes when they were installed. (NOTE:
There is no requirement that the landlord provide air conditioning or cooling
systems of any sort)
•Electrical lighting that is maintained in good working order and complied with
the applicable building codes at the time it was installed
•Common Areas (if any) that are reasonably clean, sanitary and free of trash,
rubbish and debris, bugs and pests
•Appropriate extermination if needed to eliminate infestations of rodents or
"vermin"
•An appropriate number of outdoor trash receptacles in good working order
•Floors, stairways and railings that are maintained in good working order
•Locks or security devices that are in good working order on all exterior doors
and openable windows
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•
An Equity Assessment for
The City of Fort Collins Proposed
Rental Housing Program
Source: This Assessment was adapted from "Equity Framework for City of Fort Collins - Land
Development Code Update - May 2022". Gretchen Armijo, Equity Policy Solutions LLC as
published for Fort Collins City Council Meeting AIS materials for 1.17.23.
Safe and stable housing provides a foundation that allows individuals, families, and communities to
thrive. High-quality, livable housing has a positive impact on health, economic security, educational
attainment, and the overall stability of families and communities.
In Fort Collins, more than 40% of all housing units are renter-occupied. The renter community in Fort
Collins makes up a significant portion of the population, but rental housing is not currently required to
complete proactive property inspections for health, safety, and habitability. State law implies that every
rental agreement includes a warranty of habitability where a landlord is deemed to warrant that the
residential premises is fit for human habitation. Neither the implied warranty of habitability nor the City's
complaint-based rental inspection system proactively ensure the health, safety, and habitability of rental
housing.
The burden to report issues rests primarily on tenants, and a complaint-based system does not
adequately address power dynamics between tenants and landlords. In the case of the warranty of
habitability, tenants must initiate communication with landlords about their rights and proactively notify
their landlords of any breaches. Should a landlord not cure violations after the tenant has submitted
notice, a tenant may obtain injunctive relief for the breach of the warranty of habitability in any county or
district court. This process may require the tenant to obtain legal counsel for enforcement. This option
does not account for tenants' potential fear of retaliation (though retaliation is prohibited by state law) or
the possibility of contentious enforcement actions that could result in high legal costs, a significant time
investment, and uncertainty of success or recovery of reasonable attorney fees. The City's complaint-
based rental inspection system similarly relies on tenants to report life, health, and safety violations.
Both existing policies are reactive, and neither ensures equitable access to healthy, safe rental housing
due to inconsistency in tenants' willingness and ability to assert their rights.
Research has found that many tenants fear asserting their rights to safe and livable homes due to
concerns about retaliation, including increased rental payments, damaged relationships with property
owners, and eviction. 0F1 For these reasons, tenants are often faced with choosing between more
expensive, high-quality housing and more affordable housing that does not meet minimum standards of
livability. 1F2 Because of the power dynamics associated with asserting one’s right to safe housing, people
with higher incomes who can afford newer and higher-quality housing experience privileges in the rental
housing market that low-income people do not. In addition, people who struggle to find and pay for
stable housing face financial and other resource barriers when they seek to assert their right to livable
housing through existing complaint-based processes. During public engagement for the City’s adopted
Housing Strategic Plan (2021), similar themes emerged around rental housing. Participants mentioned
the need for rental inspections focused on health and safety and expressed fears of retaliation up to and
including eviction if they reported substandard conditions.
Unequal abilities to access safe and healthy housing can result in drastically different health
1 Chisholm, E., Howden-Chapman, P., & Fougere, G. (2020). Tenants' responses to substandard housing:
Hidden and invisible power and the failure of rental housing regulation. Housing, Theory and Society, 37(2),
139-161.
2 Marquez, E., Dodge Francis, C., & Gerstenberger, S. (2019). Where I live: A qualitative analysis of renters living in
poor housing. Health & Place, 58, 102143.
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outcomes for property occupants, with poorer mental and physical health outcomes associated
with cost burden, housing unaffordability, and poor rental housing conditions.2F3 3F4
The Fort Collins Rental Housing Program has been designed in parallel with this equity assessment to
improve access to safe and livable housing within the City for all residents. An equity assessment
considers the historic and systemic barriers to safe living conditions experienced by low-income renters
and considers how other marginalized groups such as BIPOC (Black, Indigenous, People of Color)
individuals and students may be impacted by the City’s rental policies. It examines the current structures
in place that foster safe living environments and the ability of tenants to assert their rights, identifies
gaps, and seeks to reduce historic barriers and disproportionate impacts through specific program
features and implementation mechanisms.
If adopted, the proposed Rental Housing Program will help the City implement the policy direction
contained in the Housing Strategic Plan, in particular Strategy 20. “Explore the option of a mandated
rental license/registry program for long-term rentals and pair with best practice rental regulations.” 4F5 The
proposed Rental Housing Program will also help the City achieve the Plan’s vision that “everyone has
healthy, stable housing they can afford” by addressing both the health/safety of housing and stability for
renters in Fort Collins.5F6
What is Equity?
“Equity is when everyone, regardless of race, gender, age, neighborhood or financial status, has fair
and equal access to opportunity.” 6F7
Land use planning practices and regulations enacted over the past century resulted in
disproportionate negative impacts to certain groups - such as Black, Latinx, and low-income people -
more than others. Zoning, which was intended to separate incompatible land uses, was also used to
exclude certain groups of people from single-family neighborhoods and to exclude multifamily
rental housing from neighborhoods with better access to jobs, transit, and amenities.7F8 This historic
marginalization has resulted in a significantly greater proportion of BIPOC and low-income people
living in rental housing rather than transitioning into homeownership. Consequently, even before
pandemic-related challenges in the housing market, 2019 data indicates that homeowners had a
median total wealth about 40 times greater than the median household wealth of renters ($254,900
vs. $6,270).8F9 These wealth disparities are then compounded by health and safety concerns in
rental units and the power dynamics that may keep some renters from reporting unsafe living
conditions.
3 Park, G., & Seo, B. K. (2020). Revisiting the relationship among housing tenure, affordability and mental health: Do
dwelling conditions matter? Health & Social Care in the Community, 28(6), 2225-2232.
4 Pledger, M., McDonald, J., Dunn, P., Cumming, J., & Saville-Smith, K. (2019). The health of older New Zealanders
in relation to housing tenure : Analysis of pooled data from three consecutive, annual New Zealand Health Surveys.
Australian and New Zealand Journal of Public Health, 43(2), 182-189.
5 Housing Strategic Plan, p. 57.
6 Housing Strategic Plan, p. 11.
7 Health Equity. (n.d.). Policy Link. https://www.policylink.org/our-work/community/health-equity.
8 American Planning Association. (2019). Planning for Equity Policy Guide. https://planning-org-uploaded-
media.s3.a mazonaws.com/ publication/ download_pdf/ Pla nning- for-Equity-Policy-Guide-rev .pdf.
9 Lerner, M. (2022, July 13). Affordability, wealth gap persist in housing market, report finds. Washington Post.
htt ps:/ / www.washingtonpost.com/business/2022/07/13/affordabiIity-wealth-gap-persist-housing-ma rket-report-
finds/.
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Item 17.
A survey conducted in partnership by the Joint Center for Housing Studies at Harvard University
and the Farnsworth Group found that a significant portion of renters have serious concerns about
the impact of their housing environment on their health. Of a sample of 253 renters, 43% reported
worries about their home negatively impacting their health, safety, and wellbeing or the health,
safety, and wellbeing of another occupant. Among the 43% of the sample who reported concern
about rental property health and safety, the major categories for concern included indoor air quality
(54%), pests (36%), flooding/moisture/mold (32%), water quality (32%), and structural
safety/comfort (24%).9F10 Renters' limited capacity to address these inadequacies often results in
health-related inequities for the disproportionately BIPOC, low-income group of people who make
up the property-renting population.
The proposed Rental Housing Program is designed to center equitable access to healthy and safe
housing for the more than 40% of Fort Collins residents who rent their homes. The program has
been crafted to enhance health and safety for renters by requiring enrollment of all rental
properties, proactive inspections of rental units for minimum health and safety standards,
reinspection on a regular five-year cadence, and penalties for landlords who fail to participate
in the program or to cure health and safety violations.
Equity in Fort Collins Plans and Equity Factors to Consider
The Housing Strategic Plan identifies strategies that can expand equitable access to housing,
including:
• 'Lead with health equity' - prioritize housing strategies that improve health equity and
reduce health disparities
• Expand 'equity in the process' - impacted groups participated in strategy prioritization
• Expand access to housing for both current and future residents.
This Equity Assessment also draws from the equity goals in other City plans including the 2020
Strategic Plan, Our Climate Future, and City Plan:
• Equitable access to 'high-opportunity areas' with transportation, services, and amenities
• Equitable access to sustainability practices (such as complete neighborhoods)
• Equitable community engagement and outcomes
The Rental Housing Program's features were crafted using the equity framing questions of:
• What are the policy's objectives?
• Who/what will policy changes impact?
• What is the scope of these policy changes?
• How can we set the program up for success?
• Which stakeholders must be involved?
Based on these questions, the Rental Housing work team defined nine criteria by which the
10 Will, A. (2022). New Survey Finds Many Renters Are Concerned about the Impact of Home on Health. Joint Center
for Housing Studies. htt ps:/ / www.jchs.harvard.edu/ blog/ new-su rvey-finds-many-renters-are-concerned-about-
impact-home-health.
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Item 17.
program and its components should be evaluated:
1. Improve health and safety for renters
2. Help renters exercise their rights to safe and healthy housing
3. Center equity and Triple Bottom Line (economic, social, environmental) impacts
4. Adapt regulations to community living standards
5. Community health, safety, and livability
6. Scope appropriately based on staff capacity
7. Clarity and transparency
8. Improve consistency and predictability for impacted stakeholders
9. Solutions fit Fort Collins
The Rental Housing Program’s features were informed by careful consideration and balancing of
competing feedback from the Rental Housing Advisory Taskforce, an extensive community questionnaire,
Council feedback during the August 23, 2022 work session, and industry best practices. The program is
meant to work in tandem with other housing strategies and initiatives to achieve the Housing Strategic
Plan vision that “everyone has healthy, stable housing they can afford.”
There are a number of cross-cutting factors that disproportionately impact renters, people of color,
and/or those with low incomes. Equity factors are overarching systemic conditions that are
historically and/or currently present that impact people's ability to reach their full potential for
health and prosperity. Though there are countless equity factors the City could consider in the
context of countless policy discussions, the ones listed below are closely related to the Rental
Housing Program:
• Health Inequity - differences in health outcomes due to race, income, gender, age,
disability
• Environmental Justice - eliminating differences in exposure to climate or
environmental impacts, in both the natural and built environments, due to race,
income, age, disability
• Access to Opportunity - access to 'high-opportunity' neighborhoods regardless of race,
income, age, disability
• Income and Wealth Inequality- differences in distribution of income and wealth based
on race, age, gender, disability
• Pandemic Response & Recovery- ability to withstand and recover from pandemic
impacts regardless of race, income, age, gender, disability
• Community Empowerment - access to participating in civic processes regardless
of race, income, age, disability, or housing status and the belief that one's participation
matters regardless of the same factors
The disproportionate negative impacts of these factors on some groups can be mitigated or improved
through intentional housing policy and regulatory solutions, of which the Rental Housing Program is
one component.
Equity Policy Levers
Policy levers are tools that governments can use to achieve goals for the public good, including
individual and community health and safety. The following policy levers are used in the Rental
Housing Program to achieve the equity goals of the Housing Strategic Plan and other City plans.
1. Requiring enrollment of all rental properties with an identified local contact
2. Proactively inspecting rental units for minimum health and safety standards and features
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Item 17.
3. Reinspecting at a regular five-year cadence
4. Enforcing penalties for landlord noncompliance with program requirements
5. Maintaining a complaint-based inspection option for off-cycle safety concerns
6. Utilizing in-house inspectors to ensure consistency and simplify
enforcement/implementation
Taken together, the equity factors are addressed using policy levers to achieve the City's
goals. It is important to state that these policy levers primarily address health inequity
concerns, as the main purpose of the program is to enhance and ensure renter health and
safety. Nonetheless, these policy levers can also indirectly address environmental justice,
access to opportunity, income inequality, pandemic response and recovery, and community
empowerment as well. Environmental justice includes equity in the built environment,
access to opportunity requires habitable living situations first and foremost, income inequality
is a primary factor that contributes to renters' inabilities to report landlords for violations of
health and safety standards, healthy homes are the first line of defense against physical
illness, and the Rental Housing Program is meant to give a voice to renters within the City.
Thus, while the program primarily addresses health equity, it impacts other equity factors as
well.
Challenges to Achieving Equity Goals
The Rental Housing Program has been designed to advance equity and reduce disparities in access to
safe and healthy housing. However, there are a number of program features that may unintentionally
result in the creation of new inequities. These may include:
1. Renter Displacement. Should inspectors identify living conditions that are
imminently dangerous for tenants and require immediate evacuation while the
landlord remediates the issue, renters may experience sudden displacement. While
renters in this situation would be removed from unhabitable living conditions, they may
not have anywhere else to stay in the interim, especially if property repairs demand
significant time to complete.
2. Increased Rents due to Program Costs for Landlords. The fees associated with
registration and inspection, as well as the cost of repairs for landlords in violation of
minimum health and safety standards, may be passed on to tenants through higher rent
payments. This challenge is difficult to address because it puts staff and policy analysts
in the position of determining the monetary value of equitable access to healthy and
safe housing with the knowledge that the financial difference will likely be passed to
those with disproportionate cost burdens.
3. Unfeasible Cost Burdens for Small Landlords. While large property owners may have
the capital on-hand to cure any health and safety violations that inspectors might find, small
landlords may not be able to readily invest in high-cost repairs that meet minimum health
and safety standards. This could result in fewer rental units being available within the City.
Addressing Equity Challenges
Any City policy or program change that possesses the potential to create rather than abate
inequities requires proactive intervention strategies to avoid these impacts. The rental housing
team has brainstormed the following strategies for addressing renter displacement, increased
rents, and cost burdens for small landlords.
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Item 17.
• In cases of short- and long-term displacement, the City must consider alternative
housing options for displaced renters, including but not limited to motel vouchers,
referral to outside legal resources, or other strategies the City currently implements to
address homelessness.
• The City must also consider how it can bolster its existing tenant/landlord mediation
system and direct both parties to this resource for resolving any conflicts that arise in the
course of the inspection and repair processes.
• To avoid having inspection fees passed onto tenants, the City must make every effort to
design an equitable fee structure that keeps fees to a minimum. Ideally, the fees would
be nominal enough for landlords to absorb as an ongoing business expense. If this is not
possible or if landlords choose to pass on even nominal fees to their tenants, the City
should seek to keep the fees low enough to be manageable for tenants.
• Supporting small landlords may require the City to invest in health and safety repairs and
upgrades. The rental housing team is exploring the feasibility of a grant program that
would assist small landlords with repairs. To ensure that landlords do not personally
profit from repairs and upgrades to rental properties by increasing rents, grant recipients
would voluntarily restrict their rent increases to no more than 3% per year/lease period
for a specified period of time in return for receiving City assistance.
Program Evaluation
If adopted, the Rental Housing Program will undergo annual evaluation to confirm that it
continues to meet program criteria, addresses the identified challenges to achieving equity goals,
and is successfully ensuring safe, healthy housing. Adjustments will be made as needed to
improve the program and accelerate progress toward safe, healthy housing for renters.
The program criteria as outlined on page 3-4 are:
1. Improve health and safety for renters
2. Help renters exercise their rights to safe and healthy housing
3. Center equity and Triple Bottom Line (economic, social, environmental) impacts
4. Adapt regulations to community living standards
5. Community health, safety, and livability
6. Scope appropriately based on staff capacity
7. Clarity and transparency
8. Improve consistency and predictability for impacted stakeholders
9. Solutions fit Fort Collins
The challenges to achieving equity goals include:
1. Renter displacement
2. Increased rents due to program costs for landlords
3. Unfeasible cost burden for small landlords
Staff also plans to collect data on the following metrics each year, which may be revised or
added to upon implementation of the program to address ongoing process and policy
improvements.
1. The total number of life, healt h, and safety violations
2. A detailed breakdown of the types of violations, and the geographic
locations and housing/property types in which they most frequently occur
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Item 17.
3. The number of complaint-based inspections that the City conducts
4. Rates of voluntary landlord/property owner compliance
5. Rates of landlord/property owner noncompliance
6. Average time it takes landlords to complete necessary repairs (and percentage of time
in which landlords complete repairs on or before deadlines instituted by inspectors)
7. Annual fee analysis to ensure the program can recover costs while keeping fees
reasonable
Future proofing for Equity
As we now know after two years of the Covid-19 pandemic, any 'shock to the system' -- such as
pandemics/ongoing epidemics, a spike in gas prices, wildfires, flooding, extreme storms, utility
outages, supply chain interruptions, cyber-attacks -- can quickly expose whether neighborhoods
are complete and designed for resiliency in the face of such threats . Neighborhoods that are
'future proof' must include a diverse housing supply, access to basic services, local food supplies,
access to multimodal transit, green space and the outdoors, nearby health and medical services,
cooling centers, and potentially most fundamentally, safe and healthy homes. A 'roof over one's
head' is needed first in order to deal with external threats. In particular, the COVID-19 pandemic
made clear that affordable, safe, and uncrowded homes are a prerequisite for individual and
public health and a protective factor against infectious disease.10F11 The first step toward future
proofing our community from shocks is to ensure safe, healthy housing for all community
members to return to at the end of each day.
11 National Low Income Housing Coalition . (2021). The Gap: A Shortage of Affordable Homes.
https://reports.nIihc.org/sites/defauIt/files/gap/Gap-Report_2021.pdf.
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Item 17.
Rental Housing Minimum Requirements
Required Items in ALL Rental Housing
Exterior General
1.Building, sidewalks, outbuildings and fences generally must be in good repair and
free from hazards like damaged and loose building components.
2.Yards must not have rodent, vermin or insect infestation and free from hazards
such as open holes or broken sidewalks.
3.Stairways must not have loose or broken steps and have handrails solidly
attached.
4.Decks and porches 30 inches above the ground must have guardrails that are
solidly attached.
5.Window wells within 3 feet of driveways or sidewalks must be protected with
guard rails or grate covers.
Interior General
1.Windows and doors must be capable of keeping wind and elements out.
2.Insect screens are required on windows and doors used for ventilation May to
November.
3.Entry doors are required to have locks for security; locks shall operate from inside
without a key or special knowledge.
4.Windows located within 6 feet of ground are required to have locks for security.
5.All floors, walls, stairs, doors and windows to be maintained in good repair and
free from decay or defective surfaces.
6.All stairs must have handrails and guardrails installed and solidly attached.
7.All interior doors must be securely attached and open and close properly.
8.All interior spaces must be free from rodent, vermin or insect infestation.
9.All walking surfaces must be in generally good repair.
Light
1.Every habitable space must have a window for natural light with a glazed area
sized not less than 8% of the floor area of the room.
2.In buildings containing 3 or more dwelling units, the common hallways and
stairways must be provided with one 60 watt bulb per every 200 square feet.
Ventilation
1.Every habitable space must have at least one openable window for natural
ventilation sized not less than 4% of the floor area of the room.
2.Every bathroom and toilet room must have an openable window to the exterior or
have an exhaust fan, ducted to the exterior.
3.Every clothes dryer must be exhausted to the exterior through independent ducts.
1
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Item 17.
Page 408
Item 17.
Page 409
Item 17.
Rental Housing Program: First Reading
6-6-23
Housing Strategic Plan Implementation
Meaghan Overton, Housing Manager, Sustainability Services
Marcy Yoder, Neighborhood Services ManagerPage 410
Item 17.
2
Big Move 7: Healthy, Affordable Housing
•HAH6: Explore mandated rental license/rental
registry
•Strategy 20 -Explore the option of a mandated rental
license/registry program and pair with best practice
rental regulations.
Background + Policy Alignment
Page 411
Item 17.
•Greatest Challenge #7: Housing policies have
not consistently addressed housing stability
and healthy housing, especially for people
who rent
•Community engagement: a desire to
proactively ensure healthy, safe units and
maintain neighborhood quality of life
3Background + Policy Alignment
Why are we looking at a rental registration and inspection program?
Key
Outcomes
Increase
Housing Supply
& Affordability
(12)
Increase
Housing
Diversity /
Choice (12)
Increase
Stability /
Renter
Protections (11)
Improve
housing equity
(11)
Preserve
Existing
Affordable
Housing (9)
Increase
Accessibility (2)
Page 412
Item 17.
4Background + Policy Alignment
Purpose of a rental registration program
•Track and manage data about rental
properties to better understand housing
needs and trends
•Increase education, outreach, and mediation
resources for both tenants and landlords
•Improve systems and implementation of
complaint-based inspections
•Ensure rental properties meet minimum
health and safety standards on a complaint
basis
Page 413
Item 17.
Rental
Registration
Complaint-
Based
System
Improvement
Education
& Outreach
Enhanced
MediationIssue Identification
5
Page 414
Item 17.
6Issue Identification
Total Housing Units
Owned Units
57% (49,775)
Renter-occupied
43% (38,080)
•Low rental vacancy rate limits housing choices
•Special housing needs (e.g., homes without
stairs, elevator needs, specific bedroom count)
further restrict available options
•A shortage of affordable housing exacerbates
the risk of displacement, especially for those in
substandard living conditions
•Renters have limited control over the conditions
and maintenance of their rental homes
Challenges for Renters
Page 415
Item 17.
7Issue Identification
•Tenant-initiated, non-anonymous
complaints regulate rental property habitability,
leading to tenant fear of retaliation
•Complaint-based inspections result in an average
of 13 "required actions" per landlord
•Required actions for compliance with the
International Property Maintenance Code, ranged
from 1 to 44 per property over a 7 year-period
Current State -Complaint-Based Inspections
Complaint Categories
Interior General
(including Light &
Ventilation
Electrical Facilities
Exterior General
Mechanical Facilities
Fire Safety Requirements
Plumbing Facilities
Page 416
Item 17.
8Issue Identification
•Fort Collins offers free mediation services through
the Mediation and Restorative Justice Program
•Low mediation rates may be due to challenges in
engaging all parties, tenant fear of retaliation,
and/or one party’s refusal to participate
•An inherent power imbalance exists between
landlords and tenants
Current State –Mediation
•2019
Landlord/Tenant
Mediations
Conducted
4
•2022
Landlord/Tenant
Mediations
Conducted
8
•Requests resulting
in mediation 5.5%
•% of mediation
processes that fail
to reach agreement
30%-
40%
City of Fort Collins
Mediation Program
Page 417
Item 17.
9Issue Identification
Current State –Education and Outreach
•Landlord/Tenant Handbook available online
(English)
•Pre-recorded educational trainings and videos
available online (English)
•Information and forms to request a compliant-
based rental inspection available online and in
print (English)
•Forms to request mediation and information about
mediation services available online and in print
(both English and Spanish)
Page 418
Item 17.
Community Engagement 10
Group Engaged Dates
Housing Strategic Plan engagement 2020-2021
Rental industry presentations Feb. 2022
Rental Industry Questionnaire Feb.-March 2022
Rental Housing Task Force March-Aug. 2022
Community Questionnaire August 2022
Housing nonprofit, renter, & small
landlord stakeholder discussions
April-May 2023
Summary
•The Rental Housing Task Force
recommended rental registration
with improved complaint-based
inspections
•Nonprofit partners raised concerns
potential unintended consequences
for renters and low-income landlords
•Collaborative efforts have been
made over the last two months with
nonprofits, renters, small landlords,
and realtors to identify educational
components and possible incentives
Page 419
Item 17.
Rental
Registration
Complaint-
Based
System
Improvement
Education
& Outreach
Enhanced
MediationProgram Approach
& Design
11
Page 420
Item 17.
12Program Approach
•Mandatory registration program for rental
properties
•Improved complaint-based inspection system
& software
•Enhancements to landlord/tenant mediation
•Education & outreach programs
•Potential mitigation funding for landlords
•Start-up costs $1.1 million over a 2-year
period
•2023 -$461,375
•2024 -$614,700
•Staffing 6.5 FTE
Items funded in the proposal:
Rental
Registration
Complaint-
Based
System
Improvement
Education
& Outreach
Enhanced
Mediation
Page 421
Item 17.
13Program Design
Rental Property Registration
Funded Items
Registration/Complaint-Based Inspection Software Upgrade
Rental Housing Program Manager 1.0 FTE
Administrative Specialist/Technician 1.5 FTE
Data Collection
•Property ownership, management, &
contact information
•Types and locations of units
•Age of units
•Utilities or services included in the rent
•Monthly rent *
•Average length of tenancy per unit/Unit
turnover *
•Local contact within 70 miles if
applicable
•Information about third-party
inspections if applicable
Data to be collected includes
Page 422
Item 17.
14Program Design
Complaint-Based Inspections
Funded Items
Registration/Complaint-Based Inspection Software Upgrade
Rental Inspectors 1.5 FTE
Inspector Vehicles (2)
Opportunities for development during implementation
Improved Complaint Forms & Process
Rental Inspection Guidelines & Educational Materials
"Move Out Inspection" Option for Tenants
Voluntary Community-Based Inspection Program
Page 423
Item 17.
15Program Design
Enhanced Mediation
Funded Items
Additional Engagement Staff
Collaborative Working Group with Community and Nonprofit Partners
Opportunities for development during implementation
Proactive Mediation Agreements with Landlords
Capacity Building for Mediation Services provided by the City and
Community Nonprofit Partners
Assessment for Potential of a Local Pilot Program for Mediation on
Eviction Hearing Days at the Larimer County Court
Page 424
Item 17.
16Program Design
Education & Outreach
Funded Items
Engagement Specialists 2.5 FTE (2 full-time & 1 part-time)
Development of educational materials, warranty of habitability & rental minimum
standard guidelines disclosures, & resource booklet
Voluntary, educational community assessments for minimum health and safety
standards
Mitigation Grant Fund (2024)
Exploration of low/no-interest loan options for landlords (funding would require a
separate Council action and appropriation)
Opportunities for development during implementation
Neighborhood clean-up & volunteer repair days
Building permit "coupon" weeks to temporarily reduce certain permit costs for
specific neighborhoods or housing types
Ask An Inspector events & development of an anonymous online forum
Expansion of landlord and tenant training sessions, online materials,and
stakeholder-specific cohortsPage 425
Item 17.
17Timeline
Summer
2023
Fall
2023
Winter
2024
Spring
2024
Summer
2024
Fall
2024
Adoption &
Appropriation
Staffing,
Software
Outreach & Education
Start-Up
Phase
Expand
Rollout
Evaluate & Adjust
Full
Implementation
Fall
2024
•Hiring Staff
•Improved Complaint-
Based Access
•Determine Program
Matrix
•Software Upgrades & IT
Improvements
•Enhanced Mediation
•Education on Complaint-
Based Inspections
•Recruitment for Community
Assessment Team
•Begin Exploring Loan
Product
•Begin Rental Registration
Rollout
•Hire remaining staff
•Begin Rental Registration
•Mitigation Grant Program Pilot for
Income-Qualified Landlords
•Begin Voluntary Community
Assessments
Q3 -2023 Q4 -2023 Q1 -2024 Q2 -2024
Page 426
Item 17.
Rental
Registration
Complaint-
Based
System
Improvement
Education
& Outreach
Enhanced
MediationProposed Fee
Structure
18
Page 427
Item 17.
19Proposed Fees, Staffing, & Startup Costs
Proposed Fees, Staffing, & Startup Costs
•Hiring will begin with four staff members for program management,
complaint-based inspections, education, outreach, and implementation.
•Additional full-time staff members will be added as needed to
support implementation.
•In total, a $1.1 million appropriation is requested over two years
($461,375 in 2023 and $614,700 in 2024) to support the startup phase.
Hybrid (75%
property/25% unit)
Per Property Per Unit
Registration fee
(paid by all properties)
$37 $10
Page 428
Item 17.
Proposed Staffing 20
Compensation FTE Per FTE Cost 2023 Costs (from
June-Dec. 2023)
2024 Costs
Program Manager 1 $90,000 $45,000 $90,000
Lead Rental Inspector 1 $80,000 $40,000 $80,000
Rental Inspector 0.5 $35,000 $17,500 $35,000
Engagement Specialist –Landlords 1 $65,000 $32,500 $65,000
Engagement Specialist –Tenants 1 $65,000 $32,500 $65,000
Part-Time Engagement Specialist
(Connector or Housing Navigator)
0.5 $30,000 $15,000 $30,000
Admin/Tech 1.5 $75,000 $25,000 $75,000
Total FTE 6.5 $207,500 $440,000
Benefits 0.25 $51,875 $110,000
Total Compensation $259,375 $550,000
Proposed Staffing
Page 429
Item 17.
Proposed Startup Costs 21
Cost Item Quantity Cost/Item Total Cost 2023 Total Cost 2024
Software (Complaint-Based System)1 $75,000 $75,000 $0
Vehicle 2 $30,000 $60,000 $0
Computer Hardware –Non-Inspectors 6 $1,500 $9,000 $0
Computer Hardware –Inspectors 2 $2,800 $5,600 $0
Outreach & Program Supplies N/A N/A $5,000 $10,000
Tools 2 $100 $200 $0
Mitigation Grant Fund Pilot N/A $100,000 $0 $0
Total One-Time Costs $154,800 $10,000
Proposed Startup Costs
One-Time Costs
Page 430
Item 17.
Proposed Startup Costs 22
Compensation Quantity Cost/Item Total Cost 2023 Total Cost 2024
Vehicle Maintenance/Fuel 2 $10,000 $20,000 $20,000
Translation N/A N/A $10,000 $10,000
Postage N/A N/A $10,000 $10,000
Phone 7 $600 $4,200 $4,200
Marketing N/A N/A $2,500 $10,000
Uniforms (Inspectors)2 $250 $500 $500
Total Ongoing Annual Costs $47,200 $54,700
Proposed Startup Costs
Ongoing Annual
Total Costs Total Cost 2023 Total Cost 2024
Total Compensation $259,375 $550,000
One-Time Costs $154,800 $10,000
Ongoing Costs $47,200 $54,700
Total Costs $461,375 $614,700
Total Costs 2023
& 2024
Page 431
Item 17.
Rental
Registration
Complaint-
Based
System
Improvement
Education
& Outreach
Enhanced
MediationCity Financial
Impacts
23
Page 432
Item 17.
24City Financial Impacts
What: $1.1 million appropriation from the general fund
2023 = $461,375
2024 = $614,700
Why: Initial outlay for a rental registration program to hire staff, purchase software, and
fund program activities and engagement
Initial plan had the Council Finance Committee's support for a $1.6 million
appropriation from the General Fund reserves over two years (2023 and 2024).
A revised plan proposes lower startup costs, requesting a $1.1 million
appropriation from the General Fund reserves for the same period.
A revision offer will be made in July 2023 to secure Council approval for the
2024 funds.
Page 433
Item 17.
THANK YOU!
25
Page 434
Item 17.
26Issue Identification
•Few “starter homes” available at entry-level prices in the housing
market
•Investors own 80-86% of all townhomes,duplexes/triplexes, and
condos; and a large share of lower-priced single-family homes
Challenges for Potential Homebuyers
Investor-owned
single housing units
cost an average of
$70,000 less than Owner-occupied
single housing units
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Item 17.