Loading...
HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/28/2024 Fort Collins City Council Work Session Agenda 6:00 p.m., Tuesday, May 28, 2024 Council Information Center (CIC), 300 Laporte Avenue, Fort Collins, CO 80521 NOTE: New location for Council work sessions. NOTICE: Work Sessions of the City Council are held on the 2nd and 4th Tuesdays of each month in the Council Information Center (CIC) of the 300 Building. Meetings are conducted in a hybrid format, however there is no public participation permitted in a work session. City Council members may participate in this meeting via electronic means pursuant to their adopted policies and protocol. How to view this Meeting: Meetings are open to the public and can be attended in person by anyone. Meetings are televised live on Channels 14 & 881 on cable television. Meetings are livestreamed on the City's website, fcgov.com/fctv. 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 48 hours’ advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. While work sessions do not include public comment, mail comments about any item on the agenda to cityleaders@fcgov.com Meeting agendas, minutes, and archived videos are available on the City's meeting portal at https://fortcollins-co.municodemeetings.com/ City of Fort Collins Page 1 of 2 City Council Work Session Agenda May 28, 2024 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 Melanie Potyondy, District 4 Kelly Ohlson, District 5 Council Information Center (CIC) 300 Laporte Avenue, Fort Collins Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Comcast Carrie Daggett Kelly DiMartino Heather Walls City Attorney City Manager Interim City Clerk CITY COUNCIL WORK SESSION 6:00 PM A) CALL MEETING TO ORDER B) ITEMS FOR DISCUSSION 1. Council Meeting Rules of Procedure Update. The purpose of this item is to consider updates to the Council Meeting Rules of Procedure that ensure the public has the opportunity to speak on all agenda items, provide general public comment, and allow the Council to effectively execute the business of the City. 2. 2024 Legislative Wrap-Up. The purpose of this item is to provide a high-level review of bills that passed during the 2024 legislative session with particular focus on impacts to the City. The PowerPoint and agenda item summary highlight bills that will require staff and/or Council action. The attachment provides these and other bills and their descriptions. 3. Traffic Safety Initiative – Automated Vehicle Identification System (AVIS) Corridors. The purpose of this item is to recommend a proposal from Police Services and Planning, Development and Transportation (PDT), supported by the City Attorney's Office (CAO), and Municipal Court. This proposal stems from recent changes to Colorado law related to the expanded use of unmanned speed enforcement with Automated Vehicle Identification Systems (AVIS), on sections of roadways designated by the Council as speed corridors. The initiative's primary goal is to promote traffic safety through speed enforcement and supports Vision Zero, the Council's goal of eliminating Fort Collins roadway fatalities and reducing injury crashes. A fundamental portion of the recommended changes are to municipal codes 1106 and 615. If approved, this will result in Council being able to identify "speed corridors" based on complaints, citations and crash data provided by City staff. If Council identifies speed corridors, Police Services can utilize photo speed enforcement (AVIS), in the designated speed corridors. Without a speed corridor designation, updated State law limits the use of AVIS on roadways described as construction zones, school zones, neighborhoods, and roadways adjacent to city parks. Page 1 City of Fort Collins Page 2 of 2 Based on preliminary data collected for the proposed corridors and if all red-light cameras are also adopted as corridors, the system will increase the number of citations issued and increases the AVIS fund balance. The increase of citations will generate additional work for the City Attorney's office and Municipal Court. To offset this impact, a budgeting for outcomes (BFO) offer, funded entirely by this program, will be submitted to increase personnel at the CAO, Municipal Court, and PDT. C) ANNOUNCEMENTS D) ADJOURNMENT Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day before. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. Page 2 City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 2 May 28, 2024 WORK SESSION AGENDA ITEM SUMMARY City Council STAFF Rupa Venkatesh, Assistant City Manager Ginny Sawyer, Lead Policy and Project Manager Carrie Daggett, City Attorney SUBJECT FOR DISCUSSION Council Meeting Rules of Procedure Update. EXECUTIVE SUMMARY The purpose of this item is to consider updates to the Council Meeting Rules of Procedure that ensure the public has the opportunity to speak on all agenda items, provide general public comment, and allow the Council to effectively execute the business of the City. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions and feedback do Councilmembers have regarding the proposed changes? 2. Are there any other changes Councilmembers wish to consider changing in the Meeting Rules of Procedure? BACKGROUND / DISCUSSION Over the past several years, Council has adopted changes to the meeting Rules and Procedures to adapt to both the needs of the community and circumstances.  In March 2020, in light of the COVID-19 pandemic and local emergency declaration, the Rules were adopted to shift Council and the public’s participation to being remote.  In October 2021, when Council resumed in-person meetings, remote public participation was recognized as on-ongoing option, General Public Comment was opened to allow comment on consent and discussion items, the ability to remove consent items was available only to Councilmembers, and Councilmembers were allowed to attend remotely, but not vote.  In July 2022, updates included requiring the speakers to sign up in advance and the extension of the meeting from 10:30 p.m. to midnight to allow for more business to be conducted.  On April 2, 2024, Council adopted Ordinance No. 039, 2024, Amending the City Code to Provide Additional Procedural Options for the Conduct of City Council Meetings. This allowed Councilmembers to attend and vote remotely if a meeting is relocated to a remote mode due to circumstance preventing a meeting from proceeding in person. The meeting rules were not updated at that time. Page 3 Item 1. City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 2 It is important that Council has the ability to effectively execute the business of the City and to ensure the public has opportunity to comment on those agendas items. It is also valuable to allow time and opportunity for the public to speak on general topics that are not on the agenda. To ensure all of these items can be accomplished most efficiently, staff is proposing the following changes to the current Meeting Rules of Procedure:  Allow 60 to 90 minutes of Public Comment (Agenda Item G) for anyone to speak on any topic, including anything on the Consent calendar or Discussion items; OR  Determine a set number of speakers, for example 30 people, each speaking for up to 3 minutes at the discretion of the Mayor.  Add an addition at the end of agenda (Agenda Item P) to resume General Public Comment, if needed.  Change the cut-off time for public participation sign-ups to 5:30 p.m. to ensure that staff has the ability to prepare the final sign-up sheets for the Mayor.  Add definitions for Community, Staff, and Councilmember Reports to clarify the purposes of each. NEXT STEPS Council direction to bring forward a resolution with any updates desired. ATTACHMENTS 1. Presentation Page 4 Item 1. Headline Copy Goes Here Lead Policy and Project Manager Ginny Sawyer Assistant City Manager Rupa Venkatesh Council Meeting Rules of Procedure 05-28-2024 Page 5 Item 1. Headline Copy Goes Here 2 Purpose Organize the business meeting to ensure that people have the opportunity to speak on all agenda items,maintain General Public Comment,and allow Council to effectively execute the business of the City. Page 6 Item 1. Headline Copy Goes Here 3 Recent Amendments to Council Meeting Rules and Procedures March 2020: •Shift to remote participation by Council and public. October 2021: •Keep remote option for public participation. •Allow comment on consent and discussion items during General Public Comment. •Consent items pulled only by Councilmembers. •Councilmembers can attend remotely but not vote. July 2022 Update: •Require on-line sign up for public participation. •Adopt additional guidance around conduct at meetings. •Extend regular meetings from 10:30 p.m. to midnight. April 2024: •Code changed to allow Councilmembers to attend and vote remotely if a meeting is relocated to a remote mode. Page 7 Item 1. Headline Copy Goes Here 4 Proposed General Public Comment Changes •Change sign-up cut-off time to 5:30 p.m. (currently 6:00 p.m.). •Allow 60-to 90-minutes at the beginning of the meeting (Mayor would have the discretion to allow 3 minutes or less based on numbers).; OR •Determine a set number of people for a determined amount of time (i.e., 20 people for 3 minutes, 35 people for 2 minutes). •Resume General Public Comment at the end of the meeting if necessary. Items NOT Changing: •Online sign-up required. •Comments on consent and discussion items allowed. •Can only speak to an item once. Page 8 Item 1. Headline Copy Goes Here 5 Clarifying Reports Community Reports: The purpose of the Community Report is to provide an opportunity for organizations affiliated with the City (or partnering with the City in specific ways) to update Council and the general public on activities and accomplishments within its organization of interest to the City. Examples include County Health Department, Library District, Platte River Power Authority. Reports are provided at the request of Council or City Leadership. Staff Reports: The purpose of the Staff Report is to provide Council with information on specific City projects or issues of concern to Council. Reports may be requested by either Council or staff. Councilmember Reports: The purpose of the Councilmember Report is to allow Councilmembers to update one another and the community of any outside activities, meetings, or learning opportunities relevant to the business of the City. Page 9 Item 1. Headline Copy Goes Here 6 Questions for Council 1.What questions and feedback do Councilmembers have regarding the proposed changes? 2.Are there any other changes Councilmembers wish to consider changing in the Meeting Rules of Procedure? Page 10 Item 1. Headline Copy Goes Here 7 Research from other cities City Allow for general comment? Is there an allotment of time for general comment? Other Aurora Yes 60 minutes total; 3 minutes each May be modified without notice. Boulder Yes 40 minutes;20 people for 2 minutes each Random selection if more than 20 people sign up. Broomfield Yes 90 minutes;first 15 have 3 minutes, next 10 have 2 minutes; remainder 1 minute Residents may be given priority. May alternate between opposing groups. Additional modifications as needed. Denver Yes 30 minutes total; 3 minutes each Youth pilot program; new people prioritized first. Laramie, WY Yes 30 minutes Longmont Yes No; 3 minutes each. First call (beginning of meeting) and last call (end of meeting). First call restricted to Longmont residents and employees. Loveland Yes 60 minutes total; 3 minutes each Up to 10 minutes to speak if speaking for at least 5 others. Northglenn Yes No Comments about agenda items are heard at the beginning; general at the end. Pueblo Yes 30 minutes; 5 minutes each, maximum of 6 speakers Must draw for spots if more than 6 sign up. Thornton Yes 60 minutes; 3 minutes each Weld County No –email onlyPage 11 Item 1. City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 5 May 28, 2024 WORK SESSION AGENDA ITEM SUMMARY City Council STAFF Ginny Sawyer, Lead Project and Policy Manager Jenny Lopez Filkins, Deputy City Attorney Ed Bowditch, Bowditch & Cassell Jennifer Cassell, Bowditch & Cassell SUBJECT FOR DISCUSSION 2024 Legislative Wrap-Up. EXECUTIVE SUMMARY The purpose of this item is to provide a high-level review of bills that passed during the 2024 legislative session with particular focus on impacts to the City. The PowerPoint and agenda item summary highlight bills that will require staff and/or Council action. The attachment provides these and other bills and their descriptions. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What questions and feedback do Councilmembers have regarding the 2024 legislative session? BACKGROUND / DISCUSSION LAND USE BILLS HB-1313 - Housing in Transit-Oriented Communities: This bill will require the establishment of a Housing Opportunity Goal, potential rezonings, establishment of anti-displacement strategies, and reporting on an on-going basis in a transit-oriented community. This will have a significant impact on staff resources in Planning, Geographic Information System (GIS), and Transfort. HB-1152 – Accessory Dwelling Units: This bill creates a series of requirements related to accessory dwelling units (ADUs). It requires a qualifying jurisdiction (such as the City) to allow an ADU to be constructed as an accessory use to a single -unit detached dwelling anywhere single-unit detached dwellings are allowed. The jurisdiction may not require construction of new off-street parking or require an ADU to be owner-occupied. The jurisdiction may impose an administrative approval process that may not be appealable to an elected or appointed body or hearing officer. It allows application of local short-term rental laws. The bill creates a grant program for offsetting costs incurred in connection with meeting the requirements. The requirements in this bill apply on or after Page 12 Item 2. City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 5 June 30, 2025. The City will need to update the Land Use Code and work will requir e staff resources in Planning and City Attorney’s Office (CAO). HB-1304 – Minimum Parking Requirements: This bill will require the City to update its Land Use Code to remove minimum parking requirements for multi-family and certain mixed-use projects close to transit. Similarly to HB-1152, minimum parking requirements were eliminated in the past for development close to MAX and then were re-introduced due to community feedback. This will require significant resources from Planning, Communications and Public Involvement, and the City Attorney’s Office. SB-005 – Prohibit Landscaping Practices for Water Conservation: This bill prohibits the installation of nonfunctional turf, artificial turf, or invasive plant species on commercial or industrial property or in transportation corridors starting January 1, 2025. The City’s W ater Efficiency Plan work can address this and an update to the Larimer County Urban Street Standards may be needed. ENVIRONMENTAL/TRANSPORTATION BILLS HB-1173 – Electric Vehicle Charging System Permits This bill establishes an expedited permitting process for the approval of electric motor vehicle (EV) charging systems for counties and municipalities. The bill allows municipalities to either follow the State’s model EV charger permitting process (developed by March 2025) or adopt an ordinance or resolution stating it will not follow the State’s model code and will process permit applications using its existing permit review procedures. The City has an existing code and permitting process and may want to relying on its existing code and process. HB-1341 - State Vehicle Idling Standard: Current law imposes a uniform State idling standard on an owner or operator of a covered vehicle that prohibits the vehicle from idling for more than 5 minutes within any 60-minute period, except in certain situations. This applies to commercial diesel vehicles with a gross weight greater than 14,000. The bill authorizes a local government to enact a resolution or ordinance concerning the idling of a covered vehicle that is at least as stringent as, but not less stringent than, the State idling standard and requires any local government with an idling standard to include certain exemptions. HOUSING BILLS HB-1007 – Prohibit Residential Occupancy Limits: Starting July 1, local governments will be prohibited from limiting how many people are allowed to live together in the same dwelling, regardless of their familial relationship . Local governments may implement residential occupancy limits based on demonstrated health and safety standards such as International Building Code standards or Colorado Department of Public Health and Environment (CDPHE) wastewater and water quality standards. Staff are currently working with Council to update codes and shift education and awareness. SB-174 – Sustainable Affordable Housing Assistance: Under this measure, local governments are required to conduct housing needs assessments every six years and create action plans to meet those needs. Local governments that make progress on their housing plans would have an advantage in winning grant dollars from a number of state agencies. The Bill requires a housing needs assessment (by 2026) and a housing action plan (by 2028). The City has work streams planned to comply with the bill. Page 13 Item 2. City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 5 JUDICIAL/LAW ENFORCEMENT BILLS HB-1371 – More Uniform Local Massage Facilities Regulation: The bill requires every local government that has a massage facility within its jurisdictional boundaries to adopt a resolution or ordinance that designates a local licensing authority to receive, review and approve or deny an application for a license to operate a massage facility and investigate and determine the eligibility of a person to be an owner or employee of a massage facility based on information received from a local law enforcement agency that has coordinated with the Colorado Bureau of Investigation to process state and federal fingerprint criminal history record checks.  The bill requires a county and municipality within a county to consult with each other when developing such a resolution or ordinance and grants a municipality the option to elect to have a county’s resolution or ordinance to apply to massage facilities operating within the jurisdictional background of the municipality in lieu of adopting its own.  The City regulated massage parlors from 1981 to 2008, when a state law preempting local regulation was enacted. HB-1372 – Regulating Law Enforcement Use of Prone Restraint: The bill requires law enforcement agencies on or before July 1, 2025, to adopt written policies and procedures concerning use of the prone position and prone restraint by officers certified by the Peace Officer Standards and Training board, including Fort Collins Police Services. HB-1079 - Persons Detained in Jail on Emergency Commitment: Beginning July 1, 2025, the bill prohibits a law enforcement officer or emergency service patrol officer who takes a juvenile into protective custody from detaining the person in jail. Fort Collins Police Services will update policy and provide training. HB-1090 - Privacy Protections Criminal Justice Records: This bill impacts police records policy regarding the release of unredacted records containing victim’s name and identifying information to victims in certain sexual offense cases. The bill permits the release of unredacted records to the named or victim's designee. The bill permits the release of unredacted records to certain specific offices and persons typically involved in related legal processes. The bill clarifies that changes in 2023 to the law related to records of child victims and child witnesses apply to records pertaining to offenses committed on or after January 1, 2024. This is a clean-up bill from last year that accidently struck the ability of those involved in criminal justice cases to have access to records. HB-1103 - Prohibiting Excited Delirium: Effective August 6, 2024, the bill prohibits training for law enforcement personnel and other first responders from including the term "excited delirium” and prohibits a peace officer from using that term to describe a person in an incident report. Fort Collins Police Services will review training to ensure compliance. SB-065 - Mobile Electronic Devices and Motor Vehicle Driving: Current law prohibits an individual who is under 18 years of age from using a mobile electronic device when driving. Effective January 1, 2025, the bill applies the prohibition to an individual who is 18 years of age or older unless the individual is using a hands-free accessory. Page 14 Item 2. City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 5 SB-079 - Motorcycle Lane Filtering and Passing: The City must consider amendments to section 1503 of the Fort Collins Traffic Code to make it consistent with this law. Effective August 7, 2024, the bill authorizes a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane under certain conditions. SB-131 – Prohibiting Carrying Firearms in Sensitive Spaces: Effective July 1, 2024, this bill prohibits carrying a firearm, openly and concealed, in certain government buildings, including the building of their governing body and adjacent parking areas. The bill also allows a local government to allow persons to carry a firearm in its governing body building. The City may want to consider whether to allow persons to carry a firearm in City Hall. GOVERNMENT BILLS HB-1050 - Simplify Processes Regarding Certain Local Government Taxes: The bill requires the City to report to the Colorado Department of Revenue a copy of their ordinances imposing lodging tax and building permit-related sales and use tax, along with any amendments, by June 15, 2025.  The bill requires local governments to file any future ordinances or amendments with the Department of Revenue no later than 45 days before they become effective.  The bill grants authority to a state task force to inspect home rule municipalities’ imposition of lodging tax, with the intent of pursuing a state-created method of collecting local lodging sales tax. HB-1235 - Reduce Aviation Impacts on Communities: The bill creates new requirements addressing adverse airport impacts for airports that receive certain grants. The City and City of Loveland jointly own the Northern Colorado Regional Airport (Airport), which is a recipient of such grants.  The bill promotes the phasing-out of leaded aviation gas.  The bill instructs the Division of Aeronautics to designate roughly $1.5 million a year to aid in the transition from leaded to unleaded aviation gasoline. Airports receiving this grant have to adopt a plan to phase our leaded gasoline by 2030 and establish a voluntary noise mitigation plan consistent with state requirements, including limitations on when flights may depart and the frequency of touch-and- go flights.  The bill would also require the Division of Aeronautics and Colorado Department of Public Health and Environment (CDPHE) to provide technical assistance to airports on the adverse impacts of aircraft noise and leaded aviation gasoline.  While the Airport is co-owned by the City and City of Loveland, it is managed and operated by Loveland employees. HB-1454 – Grace Period Noncompliance Digital Accessibility: The bill allows a one-year grace period to comply with digital accessibility standards. The City is continuing efforts to achieve compliance. SB-194 - Special District Emergency Services Funding: The bill repeals the statutory authorization for local governments to impose and collect impact fees for the purpose of funding fire and emergency services. This would require legal review of the City's fire protection Page 15 Item 2. City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 5 impact fee. In turn, the bill would allow fire districts and ambulance districts to collect their own impact fees on the construction of new buildings, structures, facilities, or improvements. Prior to doing so, the districts must provide municipalities and counties within the impacted area 60 days advance notice to allow them to provide written comment.  The bill would also allow fire districts and ambulance districts to impose a sales tax at a rate determined by the district's board, subject to voter approval. Any such sales tax must be collected, administered, and enforced by the state Department of Revenue.  The City will likely want to confer with Poudre Valley Fire Protection District regarding the issues raised by this bill. NEXT STEPS Staff will continue to track bills through signage or enactment and bring forward any required changes. ATTACHMENTS 1. Bill Spreadsheet 2. Presentation Page 16 Item 2. Bill #Title Comment Sponsors (House and Senate) HB24-1007 Prohibit Residential Occupancy Limits Starting July 1, local governments will be prohibited from limiting how many people are allowed to live together in the same dwelling, regardless of their familial relationship. The only exceptions are if the limit is linked to health or safety concerns or to comply with affordable housing guidelines. House: J. Mabrey (D), M. Rutinel (D); Senate: T. Exum Sr. (D), J. Gonzales (D) HB24-1030 Railroad Safety Requirements Train length not to exceed 8,500 feet. With certain exceptions, railroads must operate, maintain, and report the location of wayside detector systems. A train may not obstruct a public crossing for longer than 10 minutes unless the train is continuously moving or is prevented from moving by circumstances beyond the railroad's control. The public utilities commission (PUC) may impose fines for the violation of these safety requirements. Requires railroads that transport hazardous to maintain insurance coverage that is adequate to cover costs and liabilities resulting from accidents. House: J. Mabrey (D), T. Mauro (D); Senate: T. Exum Sr. (D), L. Cutter (D) HB24-1033 Emergency Management Plan Individuals with Animals The bill encourages entities with emergency management plans to include a plan for addressing the needs of people with animals including evacuation, shelter and transport of the animals and shelter to accommodate the persons and their animal. The bill also encourages additional information be made available for the public regarding the plans and available assistance. The bill also strongly encourages a city, county, or city and county, on or after January 1, 2025, to implement disability etiquette and service animal training to ensure that emergency response personnel are well prepared to interact with individuals with disabilities and their service animals during emergency situations. House: M. Snyder (D), E. Velasco (D); Senate: L. Cutter (D), S. Jaquez Lewis (D) HB24-1107 Judicial Review of Local Land Use Decision The bill requires a court to award reasonable attorney fees to a prevailing defendant in an action for judicial review of a local land use decision, except for an action brought by the land use applicant before the governmental entity. House: S. Bird (D), W. Lindstedt (D); Senate: F. Winter (D), J. Bridges (D) HB24-1152 Accessory Dwelling Units The bill creates a series of requirements related to accessory dwelling units (ADU). It requires a qualifying jurisdiction (such as the City) to allow an ADU to be constructed as an accessory use to a single-unit detached dwelling anywhere single-unit detached dwellings are allowed. The jurisdiction may not require construction of new off-street parking or require an ADU to be owner-occupied. The jurisdiction may impose an administrative approval process that may not be appealable to an elected or appointed body or hearing officer. It allows application of local short-term rental laws. The bill creates a grant program for offsetting costs incurred in connection with meeting the requirements. The requirements in this bill apply on or after June 30, 2025. House: J. Amabile (D), R. Weinberg (R); Senate: T. Exum Sr. (D), K. Mullica (D) HB24-1156 Chamber of Commerce Alcohol Special Event Permit Under current law, a special event permit allows the service of alcohol beverages during special events. The bill authorizes a special event permit to be issued to a chamber of commerce. Certain types of business are excluded from participating in the special event. The holder of a retail establishment permit may participate in the special event. The bill also requires the executive director the Department of Revenue (DOR) to promulgate rules to authorize tobacco festivals by means of a permit issued by DOR. Standards are set for the rules. House: W. Lindstedt (D), A. Hartsook (R); Senate: R. Zenzinger (D), J. Smallwood (R)  Page 17 Item 2. HB24-1173 Electric Vehicle Charging System Permits The bill establishes an expedited permitting process for the approval of electric motor vehicle (EV) charging systems for counties and municipalities. The bill allows municipalities to either follow the state’s model EV charger permitting process or adopt an ordinance or resolution stating it will not follow the state’s model code and will process permit applications using its existing permit review procedures. The bill requires municipalities to report to the state whether it is complying with the model code and on the total number of EV permitting applications it receives within specific time frames. House: A. Valdez (D); Senate: K. Priola (D), S. Jaquez Lewis (D) HB24-1175 Local Goverments Rights to Property for Affordable Housing The bill allows local governments right of first refusal and first offer to purchase multi-family residential or mixed- use rental property that is existing affordable housing (mobile home parks are excluded). Properties purchased in this manner must be used for long-term affordable housing or mixed-income development. House: E. Sirota (D), A. Boesenecker (D); Senate: F. Winter (D), S. Jaquez Lewis (D) HB24-1220 Workers'Compensation Disability Benefits The bill allows a claimant for workers' compensation benefits to refuse an offer of modified employment if the employment requires the claimant to drive to and from work and the treating physician has restricted the claimant from driving. The bill also increases the aggregate limits on temporary (from $75K to $185K) and permanent (from $100K to $300K) injury benefits. House: L. Daugherty (D); Senate: J. Marchman (D) HB24-1235 Reduce Aviation Impacts on Communities The bill creates new requirements addressing adverse airport impacts for airports that receive certain grants. The City and City of Loveland jointly own the Northern Colorado Regional Airport (Airport), which is a recipient of such grants. The bill promotes the phasing-out of leaded aviation gas. The bill restricts the Airport's access to grant funds unless the Airport: (1) by Jan. 1, 2026, creates a plan to phase out leaded aviation gas sales consistent with state requirements; and (2) has established and enforces a voluntary noise mitigation plan consistent with state requirements, including limitations on when flights may depart and the frequency of touch-and-go flights. The bill would also require the Division of Aeronautics and Colorado Department of Public Health and Environment (CDPHE) to install noise monitoring systems at the Airport, and to do periodic testing for the presence of lead in the blood of people who live, work, or attend school near the Airport. While the Airport is co-owned by the City and Loveland, it is managed and operated by Loveland employees. House: S. Bird (D), K. Brown (D); Senate: R. Zenzinger (D), S. Fenberg (D) HB24-1237 Programs for the Development of Child Care Facilities The bill creates the opportunity to receive grant funding for the planning and development of childcare facilities, as well as access to a childcare facility development toolkit and technical assistance program. The childcare facility development planning grant program is created to incentivize and support local governments in identifying and making regulatory updates or improvements to community planning, development, building, zoning and other regulatory processes to support the development of childcare facilities. The childcare facility development capital grant program is created to provide eligible entities, including local governments, public schools, institutions of higher education, or public-private partnerships, with money to support the development of licensed childcare and to construct, remodel, renovate, or retrofit a child care facility to meet a demonstrated need for child care in an eligible entity's community. House: M. Bradfield (R), M. Lukens (D); Senate: J. Rich (R), J. Marchman (D) HB24-1260 Prohibition Against Employee Discipline The bill prohibits employers from subjecting or threatening to subject an employee to discipline, discharge or adverse action on account of the employee's refusal to attend or participate in an employer-sponsored meeting concerning religious or political matters or for declining to listen to speech or view religious or political communications from the employer. House: M. Duran (D), T. Hernandez (D); Senate: J. Danielson (D)  Page 18 Item 2. HB24-1304 Minimum Parking Requirements The bill prohibits a county or municipality, on or after January 1, 2025, from enforcing minimum parking requirements for multifamily development, adaptive re-use for residential or 50% residential mixed use that is within a metropolitan Planning Organization or within and applicable transit service area. The bill requires a county or municipality that is subject to the bill, on or after June 30, 2025, to submit a report to the department of local affairs detailing the county or municipality's compliance with the requirements of the bill. House: S. Woodrow (D), S. Vigil (D); Senate: K. Priola (D), N. Hinrichsen (D) HB24-1308 Effective Implementation of Affordable Housing Programs This bill address specific DOLA reporting and application requirements and allows a local government or to donate land to a community land trust or a nonprofit affordable homeownership developer for development as affordable homeownership property and receive a credit for the purposes of calculating whether the local government has met the affordable housing unit requirements for the year in which the land is donated. House: W. Lindstedt (D), L. Frizell (R); Senate: J. Gonzales (D) HB24-1313 Housing in Transit-Oriented Communities The bill establishes a category of local government, a transit-oriented community. The City is a transit-oriented community as that term is defined in the bill. The bill defines ""transit-oriented communities"" based on their proximity to transit like bus rapid transit (the MAX line, for example. These designated areas, which will be mapped later this year, are required to set a ""housing opportunity goal"" of 40 units per acre and make sure local zoning enables enough density to meet the goal. Communities that meet the requirements will be eligible to apply for funding from a new $35 million grant program to help build infrastructure for affordable housing and other projects. House: S. Woodrow (D), I. Jodeh (D); Senate: F. Winter (D), C. Hansen (D) HB24-1324 Attorney General Restrictive Employment Agreements The bill grants the attorney general rule-making authority over restrictive employment agreements. Current law allows an employer to recover the expense of educating and training a worker where the training is distinct from normal, on-the-job training. The bill regulates the recoverable expense as other consumer debt and student debt. The bill also adds the requirement that, for an employer to recover the expense, the training must comply with rules promulgated by the attorney general regarding the transferability of the training or credentialing that is available to the employee because of the training. House: C. Clifford (D); Senate: L. Liston (R), N. Hinrichsen (D) HB24-1334 Broadband Service for Multiunit Buildings The bill prohibits a property owner (owner) of a multiunit building, including a multidwelling and multitenant building and a mobile home park, from denying a broadband provider (provider) access to the property to install the necessary infrastructure to provide high-speed broadband service. House: A. Boesenecker (D); Senate: C. Hansen (D) HB24-1341 State Vehicle Idling Standard The bill authorizes a local government to enact a resolution or ordinance concerning the idling of a covered vehicle that is at least as stringent as, but not less stringent than, the state idling standard. Only applies to commercial deisel vehicles. House: J. Willford (D), J. Marvin (D); Senate: L. Cutter (D)  Page 19 Item 2. HB24-1371 More Uniform Local Massage Facilities Regulation The bill requires every local government that has a massage facility within its jurisdictional boundaries to adopt a resolution or ordinance that designates a local licensing authority to receive, review and approve or deny an application for a license to operate a massage facility and investigate and determine the eligibility of a person to be an owner or employee of a massage facility based on information received from a local law enforcement agency that has coordinated with the Colorado Bbureau of Iinvestigation to process state and federal fingerprint criminal history record checks. The bill requires the resolution or ordinance to require an applicant for such license or the employee of such applicant to submit to a background check. The bill requires a county and municipality within a county to consult with each other when developing such a resolution or ordinance and grants a municipality the option to elect to have a county’s resolution or ordinance to apply to massage facilities operating within the jurisdictional background of the municipality in lieu of adopting its own. Because a licensed massage therapist is required by Colorado law to submit to a background check to obtain a license to practice massage therapy, the bill exempts a licensed message therapist from the bill’s background check requirement. The City regulated massage parlors from 1981 to 2008, when a state law preempting local regulation was enacted. House: M. Lukens (D), A. Hartsook (R); Senate: R. Fields (D), R. Gardner (R) HB24-1372 Regulating Law Enforcement Use of Prone Restraint The bill requires law enforcement agencies on or before July 1, 2025, to adopt written policies and procedures concerning use of the prone position and prone restraint by officers certified by the Peace Officer Standards & Training board, including Fort Collins Police Services. House: L. Herod (D), S. Woodrow (D); Senate: R. Fields (D), J. Gonzales (D) HB24-1454 Grace Period Noncompliance Digital Accessibility Current law requires state agencies and public entities to comply with digital accessibility standards on or before July 1, 2024. The bill provides a one-year extension to July 1, 2025, of immunity from liability for failure to comply with the digital accessibility standards for an agency that demonstrates good faith efforts toward compliance or toward resolution of any complaint of noncompliance. House: D. Ortiz (D), R. Pugliese (R); Senate: P. Lundeen (R) SB24-005 Prohibit Landscaping Practices for Water Conservation This bill prohibits the installation of nonfunctional turf, artificial turf, or invasive plant species on commercial or industrial property or in transportation corridors starting January 1, 2025 Senate: D. Roberts (D), C. Simpson (R); House: B. McLachlan (D), K. McCormick (D) SB24-032 Methods to Increase the Use of Transit The bill makes permanent a set of grant programs that allow transit agencies to offer free transit during ozone season and provide free transit for youth year-round. It allocates $7 million annually for ozone season transit and $7 million annually for free fares for youth. The bill also establishes a committee to develop a proposal for a statewide transit pass that can work across transit agencies in the state. Senate: K. Priola (D), F. Winter (D), S. Jaquez Lewis (D); House: S. Vigil (D), J. Joseph (D), J. Marvin (D) SB24-058 Landowner Liability Recreational Use Warning Signs Currently, the Colorado Recreational Use Statute (CRUS) protects landowners from liability resulting from the use of their lands by other individuals for recreational purposes. However, the CRUS does not limit an owner's liability for injuries or death resulting from the owner's willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm. The bill states that under such circumstances, an owner does not commit a willful or malicious failure if: The owner posts a warning sign at the primary access point where the individual entered the land, which sign satisfies certain criteria; The owner maintains photographic or other evidence of the sign; and The dangerous condition, use, structure, or activity that caused the injury or death is described by the sign and the signage meets other specific requirements. The bill expands the definition of recreational purpose to include any hobby, diversion, sport, or other recreational activity. It is unclear whether this bill impacts the City’s liability in light of the Colorado Governmental Immunity Act. Senate: D. Roberts (D), M. Baisley (R); House: S. Bird (D), B. Titone (D)  Page 20 Item 2. SB24-065 Mobile Electronic Devices & Motor Vehicle Driving Current law prohibits an individual who is under 18 years of age from using a mobile electronic device when driving. Effective January 1, 2025, the bill applies the prohibition to an individual who is 18 years of age or older unless the individual is using a hands-free accessory. The following uses are exempted: By an individual reporting an emergency to state or local authorities; By an employee or contractor of a utility when responding to a utility emergency; By an employee or contractor of a city or county is acting within the scope of the employee's or contractor's duties as a code enforcement officer or animal protection officer; By a first responder; or By an individual in a motor vehicle that is parked. Senate: R. Fields (D), C. Hansen (D); House: M. Froelich (D), D. Ortiz (D) SB24-078 Outdoor Nature-Based Preschool Programs The bill requires the department to provide training to licensing staff who oversee outdoor program site inspections and to outdoor program operators and staff. Senate: K. Priola (D), J. Marchman (D); House: B. McLachlan (D), J. Joseph (D) SB24-079 Motorcycle Lane Filtering & Passing Effective August 7, 2024, the bill authorizes a 2-wheeled motorcycle to overtake or pass another motor vehicle in the same lane if: The other motor vehicle is stopped or moving in the same direction of travel as the motorcycle; The road has lanes wide enough to pass safely; The motorcycle is moving at 20 miles per hour or less; and Conditions permit prudent operation of the motorcycle while overtaking or passing. A motorcycle rider overtaking or passing under the bill must not overtake or pass on the right shoulder, to the right of a vehicle in the farthest right-hand lane if the highway is not limited access or in a lane of traffic moving in the opposite direction. Senate: J. Smallwood (R), N. Hinrichsen (D); House: J. Mabrey (D), R. Weinberg (R) SB24-081 Perfluoroalkyl & Polyfluoroalkyl Chemicals This bill makes multiple changes to existing law that address phase out timing and distribution and sale of specific product types to limit PFAs. Senate: L. Cutter (D); House: C. Kipp (D), M. Rutinel (D) SB24-129 Nonprofit Member Data Privacy & Public Agencies With certain exceptions, the bill prohibits a local government from requiring any person to provide the local government with data that may identify a member of a nonprofit entity (member-specific data) or compelling the disclosure of member-specific data, disclosing member-specific data to any person; or requesting or requiring a current or prospective contractor or a current or prospective grantee of a grant program administered by the local government to provide a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support. A nonprofit entity or any of its members affected adversely by a public agency's violation of the bill's provisions may initiate a civil action against the local government in district court for injunctive relief, damages, or such other relief as is appropriate. The bill may impact the City’s receipt and administration of grants. Senate: C. Kolker (D), B. Pelton (R); House: C. deGruy Kennedy (D), L. Frizell (R)  Page 21 Item 2. SB24-131 Prohibiting Carrying Firearms in Sensitive Spaces Effective July 1, 2024, the bill prohibits a person from knowingly carrying a firearm, both openly and concealed, in the following government buildings, including their adjacent parking areas: State legislative buildings, including buildings at which the offices of elected members are located; a building of a local government's governing body, including buildings at which the offices of elected members or the chief executive officer of a local government are located; and a courthouse or other building used for court proceedings. The bill permits a local government to enact a law permitting carrying a weapon at local government building included in the bill. Existing law prohibits openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The bill prohibits carrying a firearm in any manner at those locations. Senate: S. Jaquez Lewis (D), C. Kolker (D); House: K. Brown (D), M. Lindsay (D) SB24-174 Sustainable Affordable Housing Assistance The bill advances affordable housing policies. The bill was initiated by the Colorado Municipal League and its members. The bill requires a local government to conduct housing needs assessments by January 1, 2025, and update them every six years and to develop housing actions plans outlining strategies by January 1, 2028. Municipalities with master plans must update them to include the housing action plan and new water and strategic growth elements by December 31, 2026. The bill prohibits HOAs from creating new covenants that restrict accessory dwelling units or middle housing if the local government allows such activities. Senate: R. Zenzinger (D), B. Kirkmeyer (R); House: S. Bird (D), R. Pugliese (R) SB24-184 Support Surface Transportation Infrastructure Development The bill expands funding, authority, and studies for a Front Range fixed guideway mass transit system, including the proposed extension to Fort Collins. The bill sets a new fee on rental cars to fund construction of long-distance passenger rail throughout the state. The bill clarifies the scope of the high-performance transportation enterprise's powers and duties to expand its capacity to execute its charge and more explicitly prioritize mitigation of traffic congestion and traffic-related pollution through the completion of multimodal surface transportation infrastructure projects. Senate: S. Fenberg (D), J. Marchman (D); House: J. McCluskie (D), A. Boesenecker (D) SB24-195 Protect Vulnerable Road Users The bill amends the statute that governs the use of automated vehicle identification systems (AVIS) on roadways other than toll highways operated by a public highway authority or the high-performance transportation enterprise in the Colorado Department of Transportation (CDOT). The bill clarifies that CDOT and the Colorado State Patrol (CSP) have authority to use AVIS to detect traffic violations on any portion of a highway that is owned or maintained by the state. The bill clarifies the notification and coordination process between local governments, CDOT and the CSP with respect to the use of AVIS on a state highway. The bill authorizes CDOT to promulgate rules relating to the use of AVIS where it is not designated for use or implemented on state highways by the later of January 1, 2025, or the dated the rules are promulgated. It also requires CDOT to establish and include in its statutorily required performance plan declining annual targets for vulnerable road user fatalities and, as part of the targets, also establish engineering methodology and internal education requirements for practices to prioritize safety over speed on high-injury networks. Senate: F. Winter (D), L. Cutter (D); House: M. Lindsay (D), W. Lindstedt (D)  Page 22 Item 2. SB24-210 Modifications to Laws Regarding Elections The bill modifies the Uniform Election Code of 1992, the law regarding initiatives and referendums, and the Fair Campaign Practices Act, including the following: The county clerk and recorder may set the operational hours of the clerk and recorder’s office. Changes the age at which an individual may preregister to vote from 16 to 15 years old. Allows a registered elector who will not have been a Colorado resident for at least 22 days immediately before a general election to cast a provisional ballot, which includes only a vote for president and vice president in that election. Extends the deadline for the secretary of state to adopt rules concerning the tabulation, reporting and canvassing of results for a coordinated election using instant runoff voting conducted by multiple counties from January 1, 2025, to January 1, 2026. Repeals obsolete provisions regarding recounts in nonpartisan local elections and clarifies who has standing to request a recount challenge. Changes the start date for rank choice voting for coordinated elections that include candidates for state or federal office from January 1, 2025, to January 1, 2026, but only for municipalities in two or more counties. Amends requirements related to filing disclosure statements that pertain only to the Fort Collins municipal judges. Senate: S. Fenberg (D), B. Pelton (R); House: E. Sirota (D) SB24-229 Ozone Mitigation Measures The bill reforms the way state agencies issue permits and enforce regulations on oil and gas operations. It grants Colorado’s Energy and Carbon Management Commission more explicit power to penalize operators and address the problem of orphaned wells and codify a mandate on oil and gas producers to reduce emissions of ozone precursors. Senate: K. Priola (D), F. Winter (D); House: J. Bacon (D), J. Willford (D) SB24-230 Oil & Gas Production Fees Beginning in July 2025, the bill will levy new fees on oil and gas production in Colorado. The per-unit fees will be adjusted quarterly based on benchmark prices, but will roughly equate to a surcharge of about 0.5% per barrel of crude oil, and will raise between $100 million and $175 million in a typical year. The revenue will fund projects to offset the impacts of oil and gas pollution, with 80% allocated to public transit projects and the remainder used by Colorado Parks and Wildlife for land acquisition and habitat projects. Senate: S. Fenberg (D), L. Cutter (D); House: J. McCluskie (D), E. Velasco (D) B Page 23 Item 2. SB24-233 Property Tax Once signed into law, SB-233 will continue cuts in residential assessment rates for the current property tax year, meaning this is the second rate cut for the current two-year assessment cycle.  These reduced assessment rates will lead to roughly a $1.3 billion reduction in property tax due statewide. Beginning with the new reassessment cycle in 2025, the bill will make a series of long-term structural reforms to the property tax code, including establishing a two-tier assessment system – one that applies to school districts and another that applies to all other taxing districts, which include city and county governments, fire districts, water districts and more. Beginning with the 2024 property tax year, the bill limits property tax revenue growth for local government entities except home rule municipalities.  Therefore, the revenue cap does not apply to the City. Senate: C. Hansen (D), B. Kirkmeyer (R); House: C. deGruy Kennedy (D), L. Frizell (R)  Page 24 Item 2. Headline Copy Goes Here May 28, 2024 Ginny Sawyer, Lead Policy and Project Manager Jenny Lopez Filkins, Deputy City Attorney Ed Bowditch, Bowditch & Cassell Jennifer Cassell, Bowditch & Cassell 2024 Legislative Wrap-Up Page 25 Item 2. Headline Copy Goes Here2024 State Legislative Session 2 By the Numbers •January 6 -May 8, 2024 •705 Bills introduced •525 Passed/Signed (to date) •105 Postponed Indefinitely •75 Killed by other means City of Fort Collins •Tracked 42 Bills •Position on 20 Bills (15 ended in preferred or amended position) Page 26 Item 2. Headline Copy Goes HereLAND USE 3 HB-1313 Housing in Transit-Oriented Communities HB-1152 Accessory Dwelling Units HB-1304 Minimum Parking Requirements SB-005 Prohibit Landscaping Practices for Water Conservation Page 27 Item 2. Headline Copy Goes HereENVIRONMENTAL/TRANSPORTATION 4 HB-1173 Electric Vehicle Charging System Permits HB-1341 State Vehicle Idling Standard Page 28 Item 2. Headline Copy Goes HereHOUSING 5 HB-1007 Prohibit Residential Occupancy Limits SB-174 Sustainable Affordable Housing Assistance Page 29 Item 2. Headline Copy Goes HereJUDICIAL/LAW ENFORCEMENT 6 HB-1371 -More Uniform Local Massage Facilities Regulation HB-1372 -Regulating Law Enforcement Use of Prone Restraint HB-1079 -Persons Detained in Jail on Emergency Commitment HB-1090 -Privacy Protections Criminal Justice Records HB-1103 -Prohibiting Excited Delirium SB-065 -Mobile Electronic Devices and Motor Vehicle Driving SB-079 -Motorcycle Lane Filtering and Passing SB-131 -Prohibiting Carrying Firearms in Sensitive Spaces Page 30 Item 2. Headline Copy Goes HereGOVERNMENT 7 HB-1050 -Simplify Processes Regarding Certain Local Government Taxes HB-1235 -Reduce Aviation Impacts on Communities HB-1454 -Grace Period Noncompliance Digital Accessibility SB-194 -Special District Emergency Services Funding Page 31 Item 2. Headline Copy Goes Here Questions/Discussion 8 Page 32 Item 2. City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 2 May 28, 2024 WORK SESSION AGENDA ITEM SUMMARY City Council STAFF Jerrod Kinsman, Lieutenant, Police Services Special Operations Division Dawn Downs, Managing City Attorney Tyler Stamey, City Traffic Engineer Dylan Lewan, Analyst I, GIS, Information Services Patty Netherton, Municipal Court Administrator SUBJECT FOR DISCUSSION Traffic Safety Initiative – Automated Vehicle Identification System (AVIS) Corridors. EXECUTIVE SUMMARY The purpose of this item is to recommend a proposal from Police Services and Planning, Development and Transportation (PDT), supported by the City Attorney's Office (CAO), and Municipal Court. This proposal stems from recent changes to Colorado law related to the expanded use of unmanned speed enforcement with Automated Vehicle Identification Systems (AVIS), on sections of roadways designated by the Council as speed corridors. The initiative's primary goal is to promote traffic safety through speed enforcement and supports Vision Zero, the Council's goal of eliminating Fort Collins roadway fatalities and reducing injury crashes. A fundamental portion of the recommended changes are to municipal codes 1106 and 615. If approved, this will result in Council being able to identify "speed corridors" based on complaints, citations and crash data provided by City staff. If Council identifies speed corridors, Police Services can utilize photo speed enforcement (AVIS), in the designated speed corridors. Without a speed corridor designation, updated State law limits the use of AVIS on roadways described as construction zones, school zones, neighborhoods, and roadways adjacent to city parks. Based on preliminary data collected for the proposed corridors and if all red-light cameras are also adopted as corridors, the system will increase the number of citations issued and increases the AVIS fund balance. The increase of citations will generate additional work for the City Attorney's office and Municipal Court. To offset this impact, a budgeting for outcomes (BFO) offer, funded entirely by this program, will be submitted to increase personnel at the CAO, Municipal Court, and PDT. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Given the costs and program approach, what is Council’s feedback on what level of enforcement it would like to see staff pursue? 2. What next steps would Council like to see? Page 33 Item 3. City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 2 3. What feedback does Council have on timing of implementation and whether to move this initiative forward quickly or consider resources as part of 2025-2026 budget process? 4. After covering the costs of the program, would Council like to see additional funds designated for enforcement, education, and engineering? BACKGROUND / DISCUSSION Traffic speed is a concerning problem facing the City. Last year, the City experienced a record-high number of fatal and injury collisions, many of which were associated with people driving beyond posted speed limits. In 2023, the State passed legislation to allow local governments to conduct unmanned speed enforcement with AVIS (Automated Vehicle Identification System). With this change in State law, the City of Fort Collins has the opportunity to impact traffic speed compliance through the expanded use of automated speed enforcement to reduce the number of injury crashes and traffic-related fatalities on our roadways. As part of the City's current traffic enforcement program, six intersections are outfitted with red-light cameras (two cameras per intersection) that detect red stop-light violations. Those twelve red-light-camera approaches have the capability to also detect, validate, and generate speeding violations where vehicle speed exceeds the posted limit of more than eleven miles per hour, if those intersections are designated within a speed corridor. Additionally, this initiative adds the contracted use of two transportable units that can be placed temporarily in problematic locations to address speed compliance between intersections. This proposal is also to recommend funding full-time equivalents (FTEs) in Municipal Court, the City Attorney’s Office and PDT. The expansion of the AVIS program and traffic safety related FTEs would be funded through fines collected by AVIS, both red-light and speed cameras, if this request is adopted by Council. Below are links to media related to this recommendation: https://www.cpr.org/2023/06/06/polis-signs-bill-allowing-more-speed-cameras-across-colorado/ https://www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD004607.pub4/abstract NEXT STEPS  Adopt ordinance changes.  Adopt designated corridors through resolution.  Expand contract with current AVIS vendor.  Approve hiring of recommended FTEs. ATTACHMENTS 1. Traffic Safety Initiative Summary 2. Presentation Page 34 Item 3. Traffic Safety Initiative Summary This initiative proposal is a joint effort by Police Services and PDT, and is supported by the City Attorney's Office, and Municipal Court. It results from recent changes to Colorado law related to the expanded use of photo speed enforcement tools on sections of roadways designated by the City Council. The initiative's primary goal is to promote traffic safety through speed enforcement and supports Vision Zero, the City Council's goal of eliminating Fort Collins roadway fatalities and reducing injury crashes. A fundamental portion of the initiative proposal is a recommended ordinance to change municipal code 1106 and 615. If approved, this will result in the Council identifying "speed corridors" based on vehicle speed and crash data provided by City staff. Once the Council identifies speed corridors, Police Services can utilize photo speed enforcement in these areas. Without a speed corridor designation, state law limits the use of photo radar to school zones, neighborhoods, construction zones, and streets that are adjacent to parks. Based on preliminary data collected for the proposed corridors and expansion to allow current red- light cameras to begin capturing speed data, the system will increase the number of citations issued. This increase will significantly increase the workload for the City Attorney's office and the Municipal Court. To offset this impact, a BFO offer, funded entirely by this program, will be submitted to increase personnel at the CAO and Municipal Court. Background Traffic speed is a concerning problem facing the City. Last year, the City experienced a record-high number of fatal and injury collisions, many of which were associated with people driving beyond posted speed limits. In 2023, the State passed legislation to allow local governments to conduct unmanned speed enforcement with AVIS (Automated Vehicle Identification System). With this change in state law, the City of Fort Collins has the opportunity to impact traffic speed compliance through the expanded use of automated speed enforcement— to reduce the number of injury accidents and traffic-related fatalities on our roadways. As part of the City's current traffic enforcement program, six intersections are outfitted with red- light cameras (two cameras per intersection) that detect red stop-light violations. Those twelve red-light-camera approaches have the capability to also detect, validate, and generate speeding violations where vehicle speed exceeds the posted limit of more than eleven miles per hour, if those intersections are designated within a speed corridor. Additionally, this initiative adds the contracted use of two transportable units that can be placed temporarily in problematic locations to address speed compliance between intersections. The offer could fund essential FTEs in Municipal Court, the City Attorney’s Office and PDT. This offer is fully funded through traffic safety funds collected from current red-light camera and speed camera enforcement and further funded if this proposal is adopted by the City Council. Page 35 Item 3. https://www.cpr.org/2023/06/06/polis-signs-bill-allowing-more-speed-cameras-across-colorado/ https://www.cochranelibrary.com/cdsr/doi/10.1002/14651858.CD004607.pub4/abstract Ordinance update To establish the use of unmanned speed enforcement or AVIS, an update to the existing ordinance is required. Recommended changes to City Ordinance 1106 and 615 will align with state law updates signed into law from Senate Bill 23-200 which updated CRS 42-4-110.5 permitting local and state governments to implement AVIS within their jurisdictions along designated speed corridors. Additionally, the city council is being asked to adopt designated speed corridors through a resolution based on data collected within the past five years but not to exceed five years. This working group has provided the past three years of data to support corridor designation. Data beyond three was not utilized as it was not geocoded for locations. Corridor Designation Police Services and PDT are asking the Council to designate through resolution speed corridors to address dangerous driving on the community roadways. Data supports identifying corridors in accordance with state law CRS 42-4-110.5, utilizing crashes, citations, and complaints. Two tiers of corridors have been identified by a working group of city stakeholders responsible for responding to and addressing roadway safety. The two tiers being presented represent the most common locations for injury/fatal crashes, citations involving speeding, careless driving, reckless driving, and racing. In addition, complaint data was used to support the empirical data but not used to weigh the decision as complaints are relative to the opinion of the complainant and vary widely. The Traffic Safety Initiative group is proposing adoption of at least tier one, however would submit tier two locations support a need for additional speed enforcement as those areas of the city are experiencing high volumes of driving behaviors which contribute to injury and fatal crashes. Automated Vehicle Identification System (AVIS) Upgrade Upgrading existing red-light camera locations to issue speed violations would cost $2500 per month, per approach (12) totaling $30,000 per month to activate all approaches. Adding transportable solutions which could be moved periodically, likely every thirty days in areas where speed is most concerning would cost $8,500 per month per unit (2). It is recommended two Page 36 Item 3. transportable systems are added to traffic safety operations totaling $17,000 a month with total systems additions being $564K annually. The systems specifications include:  Dual radar - Lane-specific tracking radar (primary radar) measures the speed and position of vehicles in beam, while the speed radar (secondary radar) provides high precision speed measurement of vehicle in beam. This enables the system to precisely track each vehicle and accurately trigger speed events, even in high-traffic locations. This also enables hardware-based edge SSV (secondary speed verification), which Verra Mobility uniquely provides.  High-Definition Video - Capture high-definition digital video including a configurable video clip (up to 12-seconds) of the event and video of each speed-enforced location. This footage has been used to successfully assist law enforcement in solving both traffic and non-traffic related crimes.  High-Efficiency LED Strobe - The purpose-built LED strobe allows for the ideal level of illumination to capture evidence of speed violations, while reducing the amount of light pollution typically associated with regular strobes.  Ultra-High-Resolution Images - The camera captures ultra-high-resolution color images of 12 megapixels. While other systems rely on multiple pieces of equipment to process and store images, the Verra Mobility system integrates the camera and the main processing unit together. This eliminates the risk for missed or misinterpreted event data as it transfers from one processor to another. Additional Recommended Personnel: With the addition of automated speed enforcement utilizing AVIS an increase in the number of citations is anticipated. With an increase in citations staffing is required to support this traffic safety initiative to quell dangerous driving behaviors. Municipal Court and the City Attorney’s Office will be directly impacted with the increase in citations, and it is recommended that funds generated from AVIS enforcement be utilized to provide necessary staffing. The AVIS funds currently can support the additional personnel requested by municipal court and the City Attorney’s Office for 2024 and 2025, however, the addition of the recommended corridors and AVIS capabilities will ensure future funding while addressing traffic safety. Below is a table highlighting the current increase in traffic citations for current camera radar vans and red-light camera citations processed by the Municipal Court and the City Attorney’s Office from January 1st to March 31st for each year shown. Page 37 Item 3. Additional Personnel Costs: Personnel costs to support speed corridor and automated enforcement for the city consist of the following proposed positions.  (2) Full-time municipal court clerks $154K (Municipal Court)  One City Attorney and (1) Legal Assistant $232K (City Attorney’s Office)  Data analyst $112K (PDT)  Vision Zero Coordinator $126K (PDT) o Total personnel cost expansion funded by automated enforcement $626K Anticipated Traffic Safety Revenue Automated enforcement of speeding violations in areas where the City designates as speed corridors will generate revenue earmarked for traffic safety. Those funds as they are dedicated for traffic safety, would support funding positions in the courts, city attorney’s office, and City PDT. 2024 – $1M Current red-light fund balance The current red-light fund balance is $1.6M and is used to support municipal court and PDT. Activating red-light locations into speed camera locations would generate and estimated annual increase of $3.2M additional funds from fines creating a traffic safety fund balance for 2024 of $2.3M if activated by mid-year 2024, fund balance for 2025 of $4.3M and for 2026 a balance of $6.4M. The AVIS program will be revaluated mid-year and on an ongoing basis to determine if scalability is needed. Scalable options include possible reduction of AVIS devices being used to include vans, red-light locations for speed detection and part-time staffing if needed. Page 38 Item 3. Recommendation: This working group recommends the following regarding the traffic safety initiative.  Adopt all current red-light camera intersection locations as corridors (Appendix A), and either Tier 1 (Appendix B) or Tier 2 (Appendix C) corridors based on data which identifies areas of concern regarding dangerous moving violations, serious crashes and complaints.  Extend the contract with Verra Mobility to include speed detection AVIS at all six intersections where red-light cameras are currently deployed.  Add two transportable AVIS for speed enforcement to address the areas adopted as speed corridors as well as school zones, adjacent to parks and construction zones.  Use funds to fund additional personnel for traffic safety support in municipal court and the city attorney’s office.  Use funds to support additional traffic safety initiatives, projects, equipment and services throughout all city departments to support Vision Zero. (Ordinance No. 043, 202th3)  Provide bi-annual updates to council in-line with the budgeting process on the performance of the adopted speed corridors and adjust based on data and direction from council. Data will be provided in accordance with the requirements from state statute.  Create a citywide multidisciplinary steering committee to process funding requests for traffic safety projects, equipment or personnel. Page 39 Item 3. \ Appendix A Page 40 Item 3. Appendix B Page 41 Item 3. Appendix C Page 42 Item 3. Headline Copy Goes Here Lieutenant, Police Services Special Operations Division Jerrod Kinsman Traffic Safety Initiative May 28, 2024 Dawn Downs Managing City Attorney City Traffic Engineer Analyst I, GIS, Information Technology Municipal Court Administrator Tyler Stamey Dylan Lewan Patty Netherton Page 43 Item 3. Vision Zero Commitment 2 ”Vision Zero”represents a commitment by the City of Fort Collins to work toward a total of zero fatal or serious-injury crashes on the City’s transportation network.Design,safety,and consideration of all modes of travel all play a part in this effort,and the City has included Vison Zero principles in long-range transportation plans. Page 44 Item 3. Council Questions 3 •Given the costs and program approach, what is Council’s feedback on what level of enforcement it would like to see staff pursue? •What next steps would Council like to see? •What feedback does Council have on timing of implementation and whether to move this initiative forward quickly or consider resources as part of 2025-2026 budget process? •After covering the costs of the program, would Council like to see additional funds designated for enforcement, education, and engineering? Page 45 Item 3. Traffic Safety Initiative 4 Address speed in Fort Collins, which is a key factor contributing to increases in injury/fatal crashes. Provide options how to use funds to support additional traffic safety initiatives beyond enforcement alone. Update ordinance 1106 and 615 to reflect changes in State law. Page 46 Item 3. 5Fort Collins Injury Crashes 277 232 337 430 648 2019 2020 2021 2022 2023 Injury Accidents Linear (Injury Accidents) Injury Accidents Page 47 Item 3. Police CRASH Team Response 6 21 23 28 0 5 10 15 20 25 30 2021 2022 2023 CRASH Call-Outs Crash Call-Outs $64K Police Overtime Cost for CRASH response in 2023 20 21 21 23 28 10 10 11 8 15 4 4 4 6 6 1 1 0 4 4 0 5 10 15 20 25 30 2019 2020 2021 2022 2023 Police CRASH Team Responses by Category Total Fatalities Pedestrian Pedestrian Fatalities Linear (Total ) Linear (Fatalities) Linear (Pedestrian) Linear (Pedestrian Fatalities) Page 48 Item 3. Corridor Data 7 https://www.arcgis.com/apps/dash boards/167ab8042352432083e18 8e1c7c320d3 Enforcement Dashboard Vision Zero Crash Dashboard Vision Zero Crash Dashboard (arcgis.com) ArcGIS InsightsPage 49 Item 3. Corridor Creation 8 Suggested Map from Dashboard integration Input from Traffic Safety Team and Police Traffic Unit Tier 1 –Red/ Tier 2 –Red/Purple/ Red Light Camera = Page 50 Item 3. Monthly Average of speed violations 11+ MPH 9 Mulberry and Shields 412 Prospect and Shields 16,192 Drake and College 855 Drake and Lemay 1,006 Harmony and Shields 2,892 Harmony and Timberline 339 •Data reflects monthly average of red-light camera speed detections from 2019 to 2023. •Drake/Lemay and Harmony/Shields are newer (fall of 2023) and only reflect monthly average from 2024. Speeding 11+ MPH Page 51 Item 3. Excess Crash Cost (HIN –Vision Zero)10 of the 6 red-light camera intersections correlate to the ‘Most Excess Crash Costs’ intersections5 Page 52 Item 3. High Injury Network(HIN) (Vision Zero)11 Vision Zero HIN correlates to recommended speed corridorsPage 53 Item 3. Proposed Tier 1 Corridors 12 Road From To Suniga Road College Ave Lemay Ave Riverside Drive College Ave Pitkin St Prospect Road Taft Hill Road I25 Drake Road Overland Tr Lemay Ave Horsetooth Road College Ave Ziegler Rd Harmony Road Chokecherry Tr I25 Trilby Road Wainwright Dr College Ave/287 Taft Hill Road Mulberry St Trilby St Shields Street Elizabeth St Carpenter Rd College Ave/HWY 287 Laurel St Carpenter Rd Lemay Avenue Prospect Rd Trilby Rd Timberline Road Prospect Rd Drake Rd Timberline Road Harmony Rd Trilby Rd Ziegler Road William Neal Pkwy Kechter Rd Intersection (+300 feet)Directions Mulberry and Shields West and East Prospect and Shields North and South Harmony and Shields North and South Drake and College North and South Drake and Lemay North and East Harmony and Timberline East and West Page 54 Item 3. Proposed Tier 2 Corridors (Additional Roadways Labeled in Purple)13 Road From To Suniga Road College Ave Lemay Ave Riverside Drive College Ave Pitkin St Prospect Road Taft Hill Road I25 Drake Road Overland Tr Lemay Ave Horsetooth Road College Ave Ziegler Rd Harmony Road Chokecherry Tr I25 Trilby Road Wainwright Dr College Ave/287 Taft Hill Road Mulberry St Trilby St Shields Street Elizabeth St Carpenter Rd College Ave/HWY 287 Laurel St Carpenter Rd Lemay Avenue Prospect Rd Trilby Rd Timberline Road Prospect Rd Drake Rd Timberline Road Harmony Rd Trilby Rd Ziegler Road William Neal Pkwy Kechter Rd Conifer Street College Ave Lemay Ave Mulberry Street Taft Hill Rd 12th St Stuart Street College Avenue Lemay Avenue Elizabeth Street Overland Tr Shields St Drake Road Lemay Ave Miles House Ave Overland Trail Mulberry St Drake Rd Timberline Road Drake Rd Harmony Rd Intersection (+300 feet)Directions Mulberry and Shields West and East Prospect and Shields North and South Harmony and Shields North and South Drake and College North and South Drake and Lemay North and East Harmony and Timberline East and West Page 55 Item 3. Additional AVIS Speed Enforcement 14 Transportable solution system called NK7. This is the same system used for camera radar vans. The system would capture: •driver image •plate image •2 scene images •12 second video Current red-light cameras would have speed function activated to detect and issue citations for drivers traveling 11+ MPH through intersection. Page 56 Item 3. Citation Process 15 Photo is taken of violation, vehicle and driver. Municipal Court receives a list of civil penalty notices mailed and violator either pays City online or proceeds through Court process. Vendor verifies violation and mails notice of civil penalty to registered owner. Court process includes Prosecutors response to motions, review of discovery and evidence, and conducting hearings and trials in Court.Page 57 Item 3. Vision Zero –Equity and Data Transparency 16 AVIS is indiscriminate, it does not differentiate between one person to the next. Data supports the need for additional layers of speed safety cameras along designated corridors. Page 58 Item 3. Historical AVIS Data 17 Crashes at Red-light Camera Intersections •Red-light intersections have proven downward trend in crashes at intersections. •Speeding mid-block to between lights contributes to serious crashes at intersections. Trend Line Page 59 Item 3. Vision Zero 18 Page 60 Item 3. Citations Over Posted Speed Limit 19 930 886 1166 140 148 221 42 69 114 6 6 15 0 200 400 600 800 1000 1200 1400 2021 2022 2023 Police Citations for Speeding –(Non-Camera Radar) 10-19 Over 20-24 Over 25-39 Over 40+ Over Linear (20-24 Over)Linear (25-39 Over)Linear (40+ Over) Citations from traffic stops officers have made. Involves larger fines, points assessed and/or required court appearances. Page 61 Item 3. Trending Caseload Increase 20 •In 2024, the Court’s general caseload has increased by almost 1,300 cases, an average of 33% in the first 4 months of the year. •Prosecution hourly increase per week to keep up with enforcement increase 42-60 hours a week. •RLCR increase has also impacted CAO and Court staffing that were not previously resourced from RLCR funding. Pending Off-cycle 2024 Enforcement Staffing Requests (1) full-time municipal court clerks -$70,000 (1) One City Attorney and (1) Legal Assistant $232,000 Total personnel cost $302,000Page 62 Item 3. Speed Corridor Staffing Requests 21 Personnel Requests for Speed Corridors (2) Full-time Municipal Court Clerks -$154,000 (1) Prosecutor and (1) Legal Assistant $232,000 (1) Data Analyst $112,000 (1)Vision Zero Coordinator $126,000 Total Personnel Cost: $624,000 (YTD = Jan-Apr)2023 YTD 2024 YTD YTD % Change Citations Issued 4522 7872 +42% Citations Disposed 4223 7162 +42% Dismissals 350 677 +48% Trials Scheduled 44 88 +50% Motions Filed 144 320 +55% Cases Served by VM 270 292 +8% Red-light and Camera Radar cases year to date and projected with Corridor. Municipal Court AVIS Citations •Municipal Court Clerks are based on a case load of 15,000 per year for each clerk. •Prosecution staffing is based on the % of cases that go through the court process (motions, court appearances, and trial). Projected 2024 Total Projected Increase with Corridors 30,000 40,000 133% Increase Page 63 Item 3. Revenue Projections with Corridor Designations 22 2021 2022 2023 2024 2025 2026 Current AVIS Revenue $1,211,000 $1,164,000 $1,150,000 $1,604,000 $1,888,000 $1,944,000 Current AVIS Expenses $882,000 $960,000 $1,541,000 $1,899,000 $1,965,000 $2,034,000 Proposed FTE Expenses (Corridors)---$175,000 Additional FTEs (Court/CAO/PDT) $626,000 $649,000 Additional FTE for Enforcement Caseload (Court/CAO only) ---$152,000 $305,000 $316,000 Additional Corridor Revenue ---$2,166,000 $3,293,000 $3,408,000 Additional Corridor Expense ---$329,000 $564,000 $571,000 Traffic Safety Fund Balance $1,163,000 $1,367,000 $976,000 $2,191,000 $4,064,000 $6,151,000 Proposed Automated Vehicle Identification System (AVIS) Financials –w/ FTEs and Corridors Current Personnel Need Page 64 Item 3. Traffic Safety Recommendations 23 •Adopt all red-light camera intersection locations as corridors. •Adopt speed corridors on suggested roadways (Tier 1 or 2) based on data. •Update ordinance 1106 and 615 to reflect changes in law. •Add two transportable Automated Vehicle Identification System (AVIS) units for speed enforcement in corridors, school zones, construction zones, residential areas, and roads adjacent to parks in accordance with State statute. •Recommend funds to support additional personnel for traffic safety in Municipal Court, the City Attorney’s Office, and PDT. •Recommend surplus funds to support additional traffic safety initiatives, projects, equipment and services throughout all City departments in support of Vision Zero. •Provide bi-annual updates to Council on the performance of the adopted speed corridors and adjust based on data and direction from Council. •Police Services to establish a citywide multidisciplinary steering committee to meet and discuss priorities for traffic safety funds, management and process for requesting funds.Page 65 Item 3. Council Questions 24 •Given the costs and program approach, what is Council’s feedback on what level of enforcement it would like to see staff pursue? •What next steps would Council like to see? •What feedback does Council have on timing of implementation and whether to move this initiative forward quickly or consider resources as part of 2025-2026 budget process? •After covering the costs of the program, would Council like to see additional funds designated for traffic enforcement, education, and engineering? Page 66 Item 3. 25 Questions Page 67 Item 3. 26 Additional Information Slides Page 68 Item 3. SB 23-200 Updates to CRS 42-4-110.5 27 Signage Data CDOT Designation BackPage 69 Item 3. Signage (CDOT Standards)28 Page 70 Item 3. Senate Bill 23-200 29 Page 71 Item 3. Camera Radar Vans 30 Number of Speed Violations Detected Jan.Feb.Mar.Apr.May June July Aug.Sept.Oct.Nov.Dec.TOTAL 2019 1173 1031 1136 1204 1285 1317 1547 1299 1146 1255 961 948 14302 2020 969 1065 941 207 1459 1306 1572 1371 1433 1476 1440 1203 14442 2021 1159 745 1059 1285 1105 1633 1452 1437 1431 1589 1388 1048 15331 2022 658 870 1081 1278 1255 1210 1111 1109 1227 1180 878 1022 12879 2023 473 691 971 817 1109 1392 1113 1268 1073 1593 1251 1564 13315 2024 1422 1110 1578 4110 Number of Speed Citations Issued Jan.Feb.Mar.Apr.May June July Aug.Sept.Oct.Nov.Dec.TOTAL 2019 1057 960 1030 1068 1147 1145 1386 1165 1054 1186 915 877 12990 2020 896 981 864 192 1321 1179 1309 1186 1250 1299 1259 1066 12802 2021 1019 667 938 1104 904 1431 1291 1236 1219 1420 1250 919 13398 2022 552 753 927 1061 1089 1020 973 958 1023 1057 804 1091 11308 2023 423 664 924 757 980 1305 1051 1183 981 1422 1149 1450 12289 2024 1328 1033 1420 3781 Red indicates implementation of two additional camera radar vans for a total of 4 vehicles in the fall of 2023. More speed detection devices increase the number of citations sent to Municipal Court. Page 72 Item 3. Special Operations Division: Traffic 31 Accidents at Red-light Camera Intersections BEFORE AFTER Page 73 Item 3.