HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/02/2024City of Fort Collins Page 1 of 7 City Council Summary Agenda
City Council
Regular Meeting Agenda
July 2, 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
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 Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Month of July 2024 as Park and Recreation 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
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/
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• 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 City's Development Review Center page 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 recommends 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.
1. Consideration and Approval of the Minutes of the June 18, 2024 Regular Meeting.
The purpose of this item is to approve the minutes of the June 18, 2024 regular meeting.
2. Second Reading of Ordinance No. 080, 2024, Amending Ordinance No. 107, 2023, and
Appropriating Prior Year Reserves Designated for Fire Services in the Fire Protection
Capital Expansion Fund for Payment to the Poudre Fire Authority to be Used to Pay for a
New Headquarters Building.
This Ordinance, unanimously adopted on First Reading on June 18, 2024, appropriates and
reappropriates funds from the Fire Protection Capital Expansion Fund and transfer funds to
Poudre Fire Authority (PFA) for purchase of a new Headquarters Building.
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3. First Reading of Ordinance No. 083, 2024, Appropriating Prior Year Reserves in the
Redlight Camera Fund Within the General Fund for Additional Staffing for Municipal Court
and City Attorney’s Office to Support the Increased Police Enforcement Cases.
The purpose of this item is to appropriate $179,122 from the Redlight Camera Fund to add
additional staffing for Municipal Court (1 full time equivalent [FTE]) and the City Attorney’s Office
Prosecution Team (2 FTE’s) to support the Traffic Safety initiative and the increased number of
enforcement cases that are already occurring. This new staffing will handle increases in police
enforcement cases and is in addition to the request for the Automated Vehicle Identification
Systems (AVIS) and speed corridors item also being presented to Council on July 2, 2024.
4. First Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue Received
Through City Give for the Lincoln Center, Cultural Services.
The purpose of this item is to request and appropriation of $12,500 in philanthropic revenue
designated for the Lincoln Center, Cultural Services designated as a Sponsorship.
5. First Reading of Ordinance No. 085, 2024, Appropriating Philanthropic Revenue Received
Through City Give for the Community Development and Neighborhood Services 2024
AARP Community Challenge.
The purpose of this item is to request an appropriation of $20,000 in philanthropic revenue
received through City Give for Neighborhood Services, Community Development and
Neighborhood Services, Planning, Development & Transportation to support healthy outcomes
for residents’ homes through three, one-day, homeowner workshops at Skyline, North College,
and Harmony Village mobile home communities.
6. First Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue Received
Through City Give for NextGen, Volunteer Services.
The purpose of this item is to request an appropriation of $20,000 in philanthropic revenue
received through City Give for the designated support of NextGen, Volunteer Services.
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. Items Relating to the Repeal and Reenactment of Certain Ordinances.
A. First Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and Making
Supplemental Appropriations in the Community Development Block Grant Fund.
B. First Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and Making
Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. First Reading of Ordinance No. 089, 2024, Repealing Ordinance No. 076, 2024, and Making
Supplemental Appropriation for the Charter Review Council Priority from General Fund Reserves.
D. First Reading of Ordinance No. 090, 2024, Repealing Ordinance No. 077, 2024, and
Appropriating Philanthropic Revenue Received Through City Give for the Cultural Community
Program Through Cultural Services.
E. First Reading of Ordinance No. 091, 2024, Repealing Ordinance No. 078, 2024, and
Appropriating Prior Year Philanthropic Revenue Reserves Received by City Give for the 9/11
Memorial at Spring Park.
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F. First Reading of Ordinance No. 092, 2024, Repealing Ordinance No. 079, 2024, and Making a
Supplemental Appropriation and Authorizing Transfer of Appropriations for The Gardens on
Spring Creek Internship Program.
Due to a publication error, staff requests Council repeal each Ordinance as they were adopted on
June 18, 2024. These Ordinances were unanimously adopted on First Reading on June 4, 2024.
8. First Reading of Ordinance No. 093, 2024, Calling a Special Election to be Held in
Conjunction with the November 5, 2024, Larimer County General Election.
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 5, 2024, Larimer County Coordinated Election, and to preserve the opportunity for
Council to place initiated or referred issues on the November ballot.
9. Resolution 2024-081 Approving the 2024 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment.
The purpose of this item is to certify to the Larimer County Assessor the percentages of property
tax distributions to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2024 property taxes payable in 2025 to the City and to all other affected taxing
entities.
10. Items Relating to the Appointment and Reappointment of Assistant Municipal Court
Judges.
A. Resolution 2024-082 Reappointing Brandi Nieto as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
B. Resolution 2024-083 Reappointing Kristin Brown as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
C. Resolution 2024-084 Reappointing Sarah Simchowitz as an Assistant Municipal Judge of the
Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
D. Resolution 2024-085 Appointing John William Sierra as an Assistant Municipal Judge of the
Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
E. Resolution 2024-086 Appointing Laura Hinojos as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
F. Resolution 2024-087 Appointing Whitney Stark as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
G. Resolution 2024-088 Appointing Linda Cooke as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
H. Resolution 2024-089 Appointing Jana Kaspar as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
The purpose of this item is to reappoint three Assistant Municipal Judges and to appoint five new
Assistant Municipal Judges for the Fort Collins Municipal Court. The City Charter provides for the
appointment of judges of the Municipal Court for two-year terms. Chief Judge Jill A. Hueser
recommends that John William Sierra, Laura Hinojos, Whitney Stark, Linda Cooke, and Jana
Kaspar be appointed as Assistant Municipal Judges, and that Brandi Nieto, Kristin Brown and
Sarah Simchowitz be reappointed as Assistant Municipal Judges to serve in the absence of the
Chief Judge.
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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
• 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.
11. Items Relating to Residential Occupancy Ordinance.
A. Second Reading of Ordinance No. 081, 2024, Amending the Land Use Code of the City of Fort
Collins to Remove Residential Occupancy Limitations.
B. Second Reading of Ordinance No. 082, 2024, Amending the Code of the City of Fort Collins to
Conform with the Removal of Residential Occupancy Limitations from the Land Use Code.
These Ordinances, adopted on First Reading by a vote of 5-1 (Nays: Councilmember Ohlson,
Absent: Mayor Arndt), consider adoption of changes to the City’s Land Used Code and Municipal
Code to comply with House Bill 24-1007, which prohibits residential occupancy limits based on
familial relationship.
12. Items Relating to a City Initiated Charter Amendment Relating to Elections.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 094, 2024, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Relating to
Elections.
The purpose of this item is to set ballot language regarding proposed amendments to Article VIII
of the City Charter relating to election provisions.
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Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024,
at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of
the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
13. Items Relating to a City Initiated Charter Amendment Relating to Recall.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 095, 2024, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Repealing and Reenacting Article IX of the City Charter Relating to Recall.
The purpose of this item is to set ballot language regarding proposed amendments to Article IX
of the City Charter relating to recall provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024,
at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of
the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
14. Items Relating to a City Initiated Charter Amendment Relating to Initiative and Referendum.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 096, 2024, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Repealing and Reenacting Article X of the City Charter Relating to Initiative
and Referendum.
The purpose of this item is to set ballot language regarding proposed amendments to Article X of
the City Charter relating to initiative and referendum provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024,
at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of
the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
15. Items related to Traffic Safety Initiative – Automated Vehicle Identification System (AVIS)
Corridors.
A. First Reading of Ordinance No. 097, 2024, Amending the Fort Collins Traffic Code to Implement
a New Automated Vehicle Identification System (AVIS) to Replace the Previously-Approved AVIS
to Support the Traffic Safety Initiative.
B. First Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort
Collins Traffic Code Section 1106.
C. First Reading of Ordinance No. 099, 2024, Making Supplemental Appropriations to Support
Additional Staffing and Expenses for Implementation of the Automated Vehicle Identification
System Traffic Safety Initiative.
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
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(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.
16. Resolution 2024-090 Adopting Amended Rules of Procedure Governing the Conduct of
City Council Meetings and Council Work Sessions.
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. The update to the
Meeting Rules also includes alignment to Ordinance No. 39, 2024 and clarification as to the
purposes of staff, community and Council reports.
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 cancel the Tuesday, August 6, 2024, Regular Council
meeting:
“I move, pursuant to City Code Section 2-28(a), that Council cancel its regular meeting on
Tuesday, August 6, 2024, due to Neighborhood Night Out."
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 th e 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 regular 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.
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PROCLAMATION
WHEREAS, parks and recreation is an integral part of communities throughout this
country, including the City of Fort Collins; and
WHEREAS, parks and recreation promotes health and wellness, improving physical and
mental health of people who live near parks; and
WHEREAS, parks and recreation promotes time spent in nature, which positively impacts
mental health by increasing cognitive performance and well-being, and alleviating illnesses such
as depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS, parks and recreation encourages physical activities by providing space for
popular sports, hiking trails, swimming pools and many other activities designed to promote active
lifestyles; and
WHEREAS, parks and recreation programming and education activities, such as camps,
swimming, youth sports, and school’s day out programming are critical to childhood development;
and
WHEREAS, parks and recreation increases a community’s economic prosperity through
increased property values, expansion of the local tax base, increased tourism, the attraction and
retention of businesses, and crime reduction; and
WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our
communities resilient in the face of natural disasters and climate change and is fundamental to the
environmental well-being of our community;
WHEREAS, the City of Fort Collins recognizes the benefits derived from parks and
recreation resources.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
recognize July 2024, as
PARK AND RECREATION MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 2nd day of July, 2024.
___________________________________
Mayor
ATTEST:
____________________________________
City Clerk
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Item PP 1.
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July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 18, 2024 Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the June 18, 2024 regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, June 18, 2024
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June 18, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring June 17 through 23, 2024, as National Pollinator Week.
Mayor Pro Tem Francis presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Pro Tem Francis called the 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 Pro Tem Francis led the Pledge of Allegiance to the American flag.
D) ROLL CALL
PRESENT
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
ABSENT
Mayor Jeni Arndt (Excused)
STAFF PRESENT
Acting City Manager Tyler Marr
City Attorney Carrie Daggett
Interim City Clerk Heather Walls
E) ACTING CITY MANAGER'S AGENDA REVIEW
Acting City Manager Marr provided an overview of the agenda, including:
All items on the consent agenda were recommended for approval with no changes.
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The item on the discussion agenda was reviewed.
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.)
Kristin Candella, Director of Habitat for Humanity, thanked Council and the City for supporting funding
home ownership in the community for homes in the Harmony Cottages neighborhood.
Cherie Trine spoke in support of Council adopting a Gaza ceasefire resolution and commented on the
community support for the resolution. Additionally, Trine encouraged people to attend the court
proceedings for the individuals who were charged after protesting at a Council meeting.
William Timpson discussed civic, non-violent protests around the world that have led to dramatic
changes in conflicts and wars.
Gene Gobble encouraged Council to oppose any increase in housing density.
Patricia Babbitt expressed concern with the results of the Council discussion on the Hughes Stadium
property at its last work session noting voters voted to conserve the area as a public open space
without compromising the ecosystems upon which we all depend.
Adam Hirschhorn discussed the climate crisis and wildfire projections.
Ari Powers expressed support for indigenous engagement in the decision-making process for the
future of the Hughes Stadium site.
Will Risheill expressed support for returning the Hughes Stadium site to indigenous peoples.
Christinia Eala discussed an indigenous land back initiative and requested the Hughes Stadium
property be returned to the indigenous peoples.
Kurt Kniegge discussed the Old Town North neighborhood and stated houses have been built on
Osiander Street that have been left unfinished for years. He requested Council take steps to have the
issue resolved.
Public comment ended at 6:44 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson requested a staff response to the Old Town North issue. Acting City Manager
Marr replied staff agrees the situation is unacceptable and stated the Building Department has been
dealing with the issue since early 2023 when a notice of violation was issued and the builder has since
been billed for work done to shore up the properties. Marr also stated new plans have been submitted
to hopefully get the project back on track.
Councilmember Potyondy thanked the speakers.
Councilmember Pignataro stated there was some early engagement with the indigenous community
when the ballot measure first passed and requested a follow-up memo on future outreach.
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I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the May 21, 2024 and June 4, 2024 Regular
Meetings.
The purpose of this item is to approve the minutes of the May 21, 2024 and June 4, 2024 regular
meetings.
Adopted.
2. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) Program Funds.
A. Second Reading of Ordinance No. 074, 2024, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 075, 2024, Making Supplemental Appropriations in the
HOME Investments Partnerships Grant Fund.
These Ordinances, unanimously adopted on First Reading on June 4, 2024, appropriate the City's
FY2024 Community Development Block Grant (CDBG) Entitlement Grant and FY2024 Home
Investment Partnerships Program (HOME) Participating Jurisdiction Grant from the Department
of Housing and Urban Development (HUD), and CDBG program income from FY2022 and
FY2023 and HOME Program Income from FY2022 and FY2023.
Ordinances Adopted on Second Reading.
3. Second Reading of Ordinance No. 076, 2024, Making Supplemental Appropriation for the
Charter Review Council Priority from General Fund Reserves.
This Ordinance, unanimously adopted on First Reading on June 4, 2024, appropriates funds to
allow work to begin on the City Charter review process included in the Council-adopted Council
priorities. The amount appropriated, $25,000, will be used to fund special legal counsel with
municipal charter expertise to take the lead on the review and drafting of Charter provisions to
update and modernize the City Charter.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 077, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Cultural Community Program Through Cultural
Services.
This Ordinance, unanimously adopted on First Reading on June 4, 2024, requests an
appropriation of $30,000 in philanthropic revenue received through City Give for Cultural
Community Program, a department within the City’s Cultural Services area, for live music as
designated by the grant award.
In 2019, the City of Fort Collins launched City Give, a formalized enterprise-wide initiative to create
a transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
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Adopted on Second Reading.
5. Second Reading of Ordinance No. 078, 2024, Appropriating Prior Year Philanthropic
Revenue Reserves Received by City Give for the 9/11 Memorial at Spring Park.
This Ordinance, unanimously adopted on First Reading on June 4, 2024, requests an
appropriation of $12,500 in philanthropic revenue received by City Give for the construction of the
9/11 Memorial at Spring Park, 2100 Mathews Steet, Fort Collins, CO.
A partnership between the City of Fort Collins and Poudre Fire Authority (PFA), the 9/11 Memorial
will be located in midtown Fort Collins, and will honor firefighters, emergency medical technicians,
law enforcement officers, and nearly 3,000 others who lost their lives on September 11, 2001.
Adopted on Second Reading.
6. Second Reading of Ordinance No. 079, 2024, Making a Supplemental Appropriation and
Authorizing Transfer of Appropriations for The Gardens on Spring Creek Internship
Program.
This Ordinance, unanimously adopted on First Reading on June 4, 2024, supports The Gardens
on Spring Creek internship program by:
● Appropriating $4,200 of unanticipated grant revenue awarded by the Colorado Department of
Agriculture (CDA)) and
● Utilizing matching funds in the amount of $4,200 from existing 2024 appropriations into to this
new grant project.
In May 2024 the Colorado Department of Agriculture (CDA) awarded the City of Fort Collins (City)
$4,200 under the CDA’s Agricultural Workforce Development Grant Program (Attachment 2). The
City will be providing an additional $4,200 in required matching funds. The award funds and City’s
matching funds will support hiring an intern for The Gardens’ summer 2024 internship program.
The $4,200 in funds through the CDA’s Agricultural Workforce Development Grant Program are
federal pass-through funds.
As presented per Attachment 2, the $4,200 is provided pursuant to a State of Colorado Purchase
Order, with corresponding terms and conditions. There is no requirement that the City sign an
agreement. Rather upon the City submitting the first request for reimbursement to CDA, the City
agrees to all terms and conditions of the award.
Adopted on Second Reading.
7. First Reading of Ordinance No. 080, 2024, Amending Ordinance No. 107, 2023, and
Appropriating Prior Year Reserves Designated for Fire Services in the Fire Protection
Capital Expansion Fund for Payment to the Poudre Fire Authority to be Used to Pay for a
New Headquarters Building.
The purpose of this item is to appropriate and reappropriate funds from the Fire Protection Capital
Expansion Fund and transfer funds to Poudre Fire Authority (PFA) for purchase of a new
Headquarters Building.
Adopted on First Reading.
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8. Public Hearing and Resolution 2024-077 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 2024 Spring Cycle of the
Competitive Process. This Resolution will complete the 2024 Spring Cycle of the Competitive
Process for allocating $3,772,510 in City financial resources to affordable housing and public
facility projects, human service programs, and administration of the programs.
Adopted.
9. Resolution 2024-078 Approving the Appointment of Delynn Coldiron as City Clerk Effective
June 24, 2024.
The purpose of this item is to approve the appointment of Delynn Coldiron as City Clerk.
Adopted.
10. Resolution 2024-079 Adopting Findings of Fact in Support of the City Council’s Decision
to Overturn on Appeal the Historic Preservation Commission Determination that 2601
South College Avenue is Eligible for Fort Collins Landmark Designation.
The purpose of this item is to make findings of fact and conclusions regarding Council’s decision
at the June 4, 2024, appeal hearing about the historic landmark eligibility of 2601 South College
Avenue (the "Property”) that the Historic Preservation Commission (HPC “Commission”) failed to
properly interpret and apply City Code Section 14-22 and thereby overturned the HPC’s April 17,
2024, determination that the Property was eligible for designation as a Fort Collins Landmark.
Adopted.
11. Resolution 2024-080 Making Appointments to the Downtown Development Authority
Board.
The purpose of this item is to fill vacancies that will exist as of June 30, 2024.
Adopted.
END OF CONSENT CALENDAR
Councilmember Pignataro moved, seconded by Councilmember Potyondy, to approve the
recommended actions on items 1-11 on the consent calendar.
The motion carried 6-0.
Ayes: Mayor Pro Tem Francis, Councilmembers Ohlson, Potyondy, Canonico, Pignataro, and
Gutowsky.
Nays: None.
Absent: Mayor Arndt (Excused).
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Pignataro welcomed former City Clerk Delynn Coldiron back to the position.
Page 14
Item 1.
City of Fort Collins Page 449 City Council Proceedings
Mayor Pro Tem Francis also welcomed Coldiron and thanked Interim City Clerk Heather Walls for her
work.
Councilmember Gutowsky commented on Item No. 5, Second Reading of Ordinance No. 078, 2024,
Appropriating Prior Year Philanthropic Revenue Reserves Received by City Give for the 9/11
Memorial at Spring Park, noting the memorial will soon be opened.
Councilmember Gutowsky commented on Item No. 7, First Reading of Ordinance No. 080, 2024,
Amending Ordinance No. 107, 2023, and Appropriating Prior Year Reserves Designated for Fire
Services in the Fire Protection Capital Expansion Fund for Payment to the Poudre Fire Authority to be
Used to Pay for a New Headquarters Building.
Councilmember Gutowsky also welcomed Coldiron to the City Clerk position.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on attending the Police Services graduation, a lunch and learn
session at the Chamber of Commerce, the first anniversary celebration at the Teen Activity Center,
and the ribbon cutting ceremony for the Morningstar Senor Living facility.
Councilmember Pignataro reported on attending the international Town and Gown Association annual
conference.
Councilmember Canonico reported on attending the Colorado Communities for Climate Action annual
meeting and the National League of Cities Transportation and Infrastructure Committee meeting, and
announced Bike to Work (or wherever) Day on June 26.
Councilmember Potyondy reported on community Juneteenth celebrations and announced a listening
session at NoCo Pride on Saturday, June 29.
Councilmember Gutowsky commented on the Multicultural Business and Entrepreneur Center.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
12. Items Relating to Residential Occupancy Ordinance.
A. First Reading of Ordinance No. 081, 2024, Amending the Land Use Code of the City of Fort
Collins to Remove Residential Occupancy Limitations.
B. First Reading of Ordinance No. 082, 2024, Amending the Code of the City of Fort Collins to
Conform with the Removal of Residential Occupancy Limitations from the Land Use Code.
The purpose of this item is to consider adoption of changes to the City’s Land Used Code and
Municipal Code to comply with House Bill 24-1007, which prohibits residential occupancy limits
based on familial relationship.
Page 15
Item 1.
City of Fort Collins Page 450 City Council Proceedings
Sylvia Tatman-Burruss, Senior Project Manager, stated this item contemplates changes to the
Land Use Code and Municipal Code to comply with House Bill 24-1007, which prohibits residential
occupancy limits based on familial relationships, but does offer the ability to limit occupancy based
on demonstrated health and safety standards. The effective date of the bill is July 1, 2024.
Tatman-Burruss noted the current occupancy ordinance does limit occupancy based on familial
relationships, or no more than three unrelated occupants, and enforcement of that ordinance
began in 2005. Tatman-Burruss outlined the proposed Code changes.
PUBLIC COMMENT
Rich Stave expressed disappointment with the state’s suppression of home rule and the role that
some of the Larimer County representatives played in the introduction and passage of the bill.
Stave particularly opposed the elimination of group home regulation and expressed concern the
bill increases taxes without fair and open representation.
COUNCIL QUESTIONS/DISCUSSION
Councilmember Ohlson stated the occupancy ordinance came into effect when it became
apparent that neighborhoods within one to four miles of the CSU campus were physically
deteriorating rapidly. He stated the offense was changed from criminal to civil in 2005, which
made it easier to enforce, and the neighborhoods have dramatically improved since that time. He
stated the state’s change will have a negative impact on affordability and he would have preferred
if the state would have allowed home rule cities to maintain control over the issue.
Councilmember Ohlson stated the City’s occupancy ordinance was not unconstitutional and did
not violate the fair housing act. Additionally, he noted the City is not aware of a single challenge
to the occupancy ordinance based on discriminatory practices. He stated he anticipates a future
Council will be making changes based on changes the state will make after negative
consequences of the legislation are made apparent.
Councilmember Ohlson stated the occupancy ordinance has served Fort Collins well over the
past twenty years by improving neighborhoods and helping affordability.
Mayor Pro Tem Francis stated it is difficult to attribute one policy to that many positive changes
over the past twenty years. She noted the public nuisance ordinance was passed to help address
some of the key problems that did not have anything to do with the number of people living in a
home.
Councilmember Pignataro noted the rental registration program is also in place which will provide
much more information on poor landlords.
Councilmember Pignataro moved, seconded by Councilmember Canonico, to adopt on
First Reading, Ordinance No. 081, 2024, Amending the Land Use Code of the City of Fort
Collins to Remove Residential Occupancy Limitations.
The motion carried, 5-1
Ayes: Councilmembers Potyondy, Canonico, Pignataro, and Gutowsky, and Mayor Pro
Tem Francis.
Nays: Councilmember Ohlson.
Absent: Mayor Arndt (Excused).
Page 16
Item 1.
City of Fort Collins Page 451 City Council Proceedings
Councilmember Pignataro moved, seconded by Councilmember Potyondy, to adopt on
First Reading, Ordinance No. 082, 2024, Amending the Code of the City of Fort Collins to
Conform with the Removal of Residential Occupancy Limitations from the Land Use Code.
The motion carried, 5-1
Ayes: Councilmembers Potyondy, Canonico, Pignataro, and Gutowsky and Mayor Pro Tem
Francis
Nays: Councilmember Ohlson.
Absent: Mayor Arndt (Excused).
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 Potyondy requested Council support to direct staff to draft a City ordinance
prohibiting the retail sale of dogs and cats sourced from large-scale commercial breeders,
specifically written to limit provisions to dogs and cats, to not impact the operations of small,
reputable, in-home breeders, and to provide best practices for the existing pet store to
rehome any animals it has and to reimagine its business model should it choose to do so.
Mayor Pro Tem Francis opposed moving forward with an ordinance questioning whether it
would actually address a problem and whether it would move a regulated business to an
unregulated business. She expressed support for getting a memo on those items before
moving straight to an ordinance.
Councilmember Pignataro supported moving straight to an ordinance given information from
other communities and knowledge that the local pet store has sold at least four puppies in
the last few years from one of the Humane Society’s hundred worst puppy mills.
Ginny Sawyer, Project and Policy Manager, noted that information has come from community
advocates, not from staff research.
Councilmember Ohlson expressed support for Councilmember Potyondy’s proposal.
Councilmember Gutowsky also expressed support for Councilmember Potyondy's proposal.
Councilmember Canonico commented on the City being a data-driven organization and
would like to start with a memo rather than an ordinance.
Councilmember Potyondy stated there have already been two staff memos on the issue and
asked what other information Councilmembers would like to see. Sawyer noted the City
Attorney’s Office put together a confidential memo early on that outlines what other
communities have done, and that memo was recirculated after the election with a bit of
additional information. Sawyer stated staff could look for information coming from a more
neutral source.
Councilmember Potyondy stated this type of ordinance does reflect Fort Collins values in
terms of pets and animal welfare.
Page 17
Item 1.
City of Fort Collins Page 452 City Council Proceedings
Acting City Manager Marr stated staff has clear direction to bring forward an ordinance for
Council consideration on August 20 as well as a memo with additional information prior to
that meeting.
Councilmember Ohlson commented on the National Pollinator Week proclamation and
suggested the City ultimately develop an internal and external pollinator policy. Acting City
Manager Marr stated a memo will be coming forth in July on the collective pollinator work
being done as a City organization.
Councilmember Pignataro noted a pollinator policy may be a missing part of the Pollinator
City designation for Fort Collins and suggested that be part of the memo.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:15 p.m.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
Interim City Clerk
Page 18
Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
Derek Bergsten, Poudre Fire Authority Fire Chief
Kirsten Howard, Poudre Fire Authority Budget and Administration Manager
SUBJECT
Second Reading of Ordinance No. 080, 2024, Amending Ordinance No. 107, 2023, and
Appropriating Prior Year Reserves Designated for Fire Services in the Fire Protection Capital
Expansion Fund for Payment to the Poudre Fire Authority to be Used to Pay for a New
Headquarters Building.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 18, 2024, appropriates and
reappropriates funds from the Fire Protection Capital Expansion Fund and transfer funds to Poudre Fire
Authority (PFA) for purchase of a new Headquarters Building.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
Replacement or expansion of the PFA Administrative Building (102 Remington Street) has been included
in PFA’s Long-Range Financial Plan since 2016 and has been on the unfunded priorities list within PFA
budget documents since 2014. PFA staff have been in discussions with the PFA Board during the past
year and a half regarding several options including a rental option at a separate location that required a
lease of several years prior to purchase as well as tenant finish expenses, and the purchase a new facility
to house all PFA administrative and support staff. PFA made an offer to purchase a new facility located at
301 Remington Street; however, that offer fell through. The current option to purchase a new Headquarters
Facility has been identified and an offer has been accepted.
PFA staff have been working on options for additional administrative office space with City of Fort Collins
Real Estate Services, and the property located in the Old Town area meets the criteria for PFA needs. The
Property is 55,888 square feet on an entire block consisting of 1.28 acres and will provide sufficient space
for PFA Administrative and Support staff for the long-term future. The property is in Old Town on the
southwest corner of Oak and Howes Streets, near PFA’s current location and convenient for collaboration
with City and County partners. The facility features on-site parking, an outside courtyard, generator,
computer server room, kitchen and eating area, one garage bay, several conference rooms, entry vestibule,
and plenty of space for current and future PFA staff. An offer of $9,750,000 has been made by PFA staff
and accepted by the seller.
Page 19
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
In anticipation of the purchase of 301 Remington Street, PFA requested that Council appropriate funds
from the City’s Fire Protection Capital Expansion Fee Account in Capital Expansion Fee Fund. Council
appropriated $3,511,575 by adopting Ordinance No. 107, 2023 (the “2023 Ordinance”). The 2023
Ordinance specifically stated that $3,500,000 was appropriated for the purchase of a new facility located
at 301 Remington Street. After adoption of the 2023 Ordinance and after the City transferred $3 ,500,000
to PFA, the purchase of 301 Remington fell through. Rather than the City and PFA incur the administrative
burden of returning the $3,500,000, PFA staff and City staff propose that Council amend the 2023
Ordinance to remove reference to 301 Remington. Doing so would be consistent with Council’s original
intent of funding PFA’s new facility while also removing any restriction on which building PFA may choose
to purchase. While PFA has identified a new location and is under contract to purchase it, this amendment
would allow PFA the flexibility to pursue another location if this most recent one were also to fall through.
The City has majority representation on the PFA Board of Directors, which provides a level of oversight on
the property that PFA decides to purchase.
CITY FINANCIAL IMPACTS
City Code Section 7.5-30(a) requires that capital expansion fees for fire services be used only for capital
improvements related to the provision of fire services, as such improvements may be identified in the capital
improvements plan for fire protection services.
The amount of $986,763 will be appropriated from reserves in this Ordinance.
The amount of $3,511,575 will be reappropriated from the Fire Protection Capital Expansion Fee Account
in the Capital Expansion Fee Fund, and which funds have already been transferred to PFA.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 20
Item 2.
-1-
ORDINANCE NO. 080, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ORDINANCE NO. 107, 2023, AND APPROPRIATING
PRIOR YEAR RESERVES DESIGNATED FOR FIRE SERVICES
IN THE FIRE PROTECTION CAPITAL EXPANSION FUND FOR
PAYMENT TO THE POUDRE FIRE AUTHORITY TO BE USED
FOR A NEW HEADQUARTERS BUILDING
A. The City of Fort Collins has recognized and addressed the issue of requiring
future growth and new development to contribute its proportionate share of the cost of
providing new capital facilities and infrastructure required to maintain the City's level of
services to its residents.
B. The City Council adopted Ordinance No. 051, 1996, on May 21, 1996,
amending the City Code by adding a new article pertaining to the imposition of capital
expansion fees to be used to fund capital improvements for the library, community parks,
police services, fire services, and general government facilities.
C. The City Council adopted Ordinance No. 166, 2018, on December 18, 2018,
amending Chapters 7.5, 8 and 24 of the Code of the City of Fort Collins to implement
phase II increases of the capital expansion fees.
D. The capital expansion fees imposed under the provisions of the
aforementioned article of the City Code, including a Fire Protection Capital Expansion
Fee, went into effect on January 1, 2019, and the City has since been receiving such fees
as a condition of the issuance of building permits in the City.
E. The administrative headquarters of the Poudre Fire Authority (the
"Authority''), located at 102 Remington Street, house Fire Prevention and Community Risk
Reduction as well as Operations and those administrative personnel of the Authority
whose duties include the management and coordination of public education and
emergency services.
F. Additional space or a new, larger building to house administrative
headquarters (the "Project") has been a priority of the Authority since 2014 due to
shortages of space in meeting both current and future needs at the facility.
G. City Code Section 7.5-30(a) requires that capital expansion fees for fire
services be used only for capital improvements related to the provision of fire services,
as such improvements may be identified in the capital improvements plan for fire
protection services.
H. Such “capital improvements” are defined in Code Section 7.5 -17 to include
“the purchase or long-term lease or lease-purchase of real property.”
Page 21
Item 2.
-2-
I. The Project is included in the Poudre Fire Authority 2023 PFA Long-Range
Financial Plan, adopted by the Board of Directors of the Authority on November 15, 2022.
J. On September 5, 2023, City Council adopted on second reading Ordinance
No. 107, 2023 (the “2023 Ordinance”), appropriating $3,511,575 from prior year reserves
in the Fire Protection Capital Expansion Fee Account in the Capital Expansion Fee Fund
for the Authority to use to purchase a new facility located at 301 Remington Street.
K. After Council adopted the 2023 Ordinance and the City transferred the
funds to PFA, the purchase and sale of the facility at 301 Remington Street fell through
and PFA found a different facility to purchase. Accordingly, this Ordinance amends the
2023 Ordinance to clarify Council’s intent that the $3,511,575 is appropriated not just for
PFA to purchase 301 Remington Street, but for PFA to use to purchase a facility it
chooses.
L. The estimated cost to purchase the Project is $9,750,000, with $4,550,000
due at closing and seller financing interest free loan amount of $5,000,000 with a term of
two years from the closing date. Costs to remodel and furnish the new Headquarters will
come from a combination of Poudre Fire Authority Reserve and the Capital Expansion
Fees requested. The sale of the current Headquarters Facility and the sale of Poudre
Fire Authority’s Station 7 in LaPorte will contribute to the outstanding loan payment.
Funding sources for the purchase and associated costs are identified as follows:
City of Fort Collins Fire Protection Capital
Expansion Fees (received in 2023 per the 2023 Ordinance) $3,511,575
City of Fort Collins Fire Protection Capital
Expansion Fees (current request) 986,763
Poudre Fire Authority Existing Appropriations 200,000
Total $4,698,338
M. The aforementioned request for appropriation of said fees is consistent with
the uses of the fees set forth in Chapter 7.5 of the City Code.
N. Funds are available in the Fire Protection Capital Improvement Expansion
Fund from prior year reserves in the amount of $986,763.
O. 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 from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
P. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated fro m
the Fire Protection Capital Expansion Account in the Capital Expansion Fund and will not
Page 22
Item 2.
-3-
cause the total amount appropriated in the Capital Expansion Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be receive d in this Fund
during this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The ninth Whereas clause of Ordinance No. 107, 2023, is hereby
replaced in its entirety to read as follows:
WHEREAS, the Authority’s staff has been working with the City’s Real
Estate Services on options to acquire additional office space and has identified a
property and building (the “New Facility”). The Authority has made an offer to
purchase the property and the owner has accepted the offer.
Section 2. Section 2 of Ordinance No. 107, 2023, is hereby replaced in its
entirety to read as follows:
Section 2. That there is hereby appropriated from prior year reserves in
the Fire Protection Capital Expansion Fee Account in the Capital Expansion Fee
Fund, the sum of THREE MILLION FIVE HUNDRED ELEVEN THOUSAND FIVE
HUNDRED SEVENTY-FIVE DOLLARS ($3,511,575), to be expended fro m the
CEF Fund for payment to the Authority for it to use in its purchase of the New
Facility, or such other real property that the Authority deems to be suitable for its
needs, provided such acquisition is consistent with the purposes and intent of this
Ordinance.
Section 3. There is hereby appropriated from prior year reserves in the Fire
Protection Capital Expansion Fee Account in the Capital Expansion Fee Fund the sum of
NINE HUNDRED EIGHTY-SIX THOUSAND SEVEN HUNDRED SIXTY-THREE
DOLLARS ($986,763) to be expended from the Capital Expansion Fund for payment to
the Poudre Fire Authority to be used for the purchase of a new administrative
headquarters.
Page 23
Item 2.
-4-
Introduced, considered favorably on first reading on June 18, 2024, and approved
on second reading for final passage on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 12, 2024
Approving Attorney: Ryan Malarky
Page 24
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Carrie Daggett, City Attorney
Jill Hueser, Chief Municipal Court Judge
Dawn Downs, Managing Attorney, Public Safety and Prosecution Section
SUBJECT
First Reading of Ordinance No. 083, 2024, Appropriating Prior Year Reserves in the Redlight
Camera Fund Within the General Fund for Additional Staffing for Municipal Court and City
Attorney’s Office to Support the Increased Police Enforcement Cases.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $179,122 from the Redlight Camera Fund to add additional
staffing for Municipal Court (1 full time equivalent [FTE]) and the City Attorney’s Office Prosecution Team
(2 FTE’s) to support the Traffic Safety initiative and the increased number of enforcement cases that are
already occurring. This new staffing will handle increases in police enforcement cases and is in addition
to the request for the Automated Vehicle Identification Systems (AVIS) and speed corridors item also being
presented to Council on July 2, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on the First Reading.
BACKGROUND / DISCUSSION
The Municipal Court and City Attorney’s Office Prosecution teams are committed to maintaining public
safety, and fair and equitable treatment of all people who receive citations. The Court and Prosecution
handle a weekly court docket that includes scheduling, court appearances, arraignments, pretrial
conferences, trials, and hearings involving several different enforcement agencies.
In 2024, the Court’s general enforcement caseload has increased by over 1200 cases, an average of
33% in the first 4 months of the year. This is driven primarily by emphasis placed on traffic enforcement
and traffic safety initiatives towards meeting the vision zero goal, and Fort Collins Police Service’s
(FCPS’s) new e-citation technology which allows an officer to issue violations quickly and return to
patrolling faster than using handwritten violations thus increasing their efficiency. In addition, a new shift
of patrol officers was added in May, increasing the number of officers and citations that can be issued on
those days. Additionally, the misdemeanor caseload is trending higher as well.
Page 25
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The number of enforcement cases cited in Municipal Court have been steadily increasing over the last
year and an even more drastic increase in the first four months of 2024. This increase has led to critical
staffing shortage to handle the influx of cases. The notable rise in enforcement programs is expected to
continue and has significantly impacted Court and Prosecution staffing. Accordingly, we are asking for
FTE staffing increases so that we can continue to strive to provide excellent customer service to our
community members in court.
The estimated costs associated with FTE staffing requests are:
One new full-time Assistant City Attorney II and one new full-time Legal Assistant with related support
including equipment and benefits, is $142,774
One new full-time Municipal Court Clerk, with related support including equipment and benefits is
$36,348.
The total cost for the remainder of 2024 for these positions (assuming positions are filled for the last 5
months of the year) is projected to total $179,122. The ongoing annual cost of these positions is
projected to total $324,777.
The current fund balance in the reserves in the Redlight Camera Fund within the General Fund will be
used to fund the additional FTE’s requested for Municipal Court and the City Attorney’s Office
Prosecution Team to support the Traffic Safety initiative and the increased number of enforcement
cases.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $179,122 in reserves from the Redlight Camera Fund within the General
Fund to add additional FTE’s for Municipal Court and the City Attorney’s Office Prosecution Team to
support the Traffic Safety initiative and the increased number of enforcement cases.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 26
Item 3.
-1-
ORDINANCE NO. 083, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE REDLIGHT
CAMERA FUND WITHIN THE GENERAL FUND FOR ADDITIONAL
STAFFING FOR MUNICIPAL COURT AND CITY ATTORNEY’S OFFICE
TO SUPPORT THE INCREASED POLICE ENFORCEMENT CASES
A. The Municipal Court and City Attorney’s Office Prosecution teams are
committed to maintaining public safety, and fair and equitable treatment of all people who
receive citations. The Court and Prosecution handle a weekly court do cket that includes
scheduling, court appearances, arraignments, pretrial conferences, trials, and hearings
involving several different enforcement agencies.
B. In 2024, the Court’s general enforcement caseload has increased by over
1,200 cases, an average of 33% in the first four months of the year. This is driven primarily
by emphasis placed on traffic enforcement and traffic safety initiatives towards meeting
the vision zero goal.
C. The number of enforcement cases cited in Municipal Court ha s been
steadily increasing over the last year and an even more drastic increase in the first four
months of 2024. This increase has led to a critical staffing shortage to handle the influx
of cases.
D. The notable rise in enforcement cases is expected to continue and has
significantly impacted staffing. Accordingly, immediate full time equivalent (“FTE”)
staffing increases of one new full-time prosecutor (Assistant City Attorney II); one new
full-time Legal Assistant, and one new full-time Municipal Court Clerk are needed so the
Court and Prosecution team can continue to strive to provide excellent customer service
to our community members in court.
E. This appropriation benefits public health, safety and welfare of the
community and serves a public purpose by promoting traffic safety through speed
enforcement, and supports Vision Zero, the City Council's goal of eliminating Fort Collins
roadway fatalities and reducing injury crashes.
F. 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Redlight Camera reserve within the General Fund and will not cause the total amount
appropriated in the Redlight Camera fund with the General Fund, as applicable, to exceed
the current estimate of actual and anticipated revenues and all other funds to be received
in these funds during this fiscal year.
Page 27
Item 3.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the Redlight
Camera fund within the General Fund the sum of ONE HUNDRED FORTY-TWO
THOUSAND SEVEN HUNDRED SEVENTY-FOUR DOLLARS ($142,774) to be
expended in the General Fund for the increased staffing for the City Attorney’s Office to
support the increased number of Police enforcement cases.
Section 2. There is hereby appropriated from prior year reserves in the Redlight
Camera fund within the General Fund the sum of THIRTY-SIX THOUSAND THREE
HUNDRED FORTY-EIGHT DOLLARS ($36,348) to be expended in the General Fund for
the increased staffing for the Municipal Court to support to support the increased number
of Police enforcement cases.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Dawn Downs
Page 28
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue Received Through
City Give for the Lincoln Center, Cultural Services.
EXEXUTIVE SUMMARY
The purpose of this item is to request and appropriation of $12,500 in philanthropic revenue designated
for the Lincoln Center, Cultural Services designated as a Sponsorship.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The purpose of this item is to appropriate $12,000 in philanthropic revenue received from Colorado-
based Kentwood Real Estate designated by the donor as a sponsorship.
A sponsorship, also referred to as “underwriting,” is both a community partnership and charitable award.
Local businesses sponsor events to invest in community engagement and expand the reach of both
organization’s valuable audiences. Per IRS code, businesses can declare portions of a sponsorship as
charitable giving. Therefore, the City’s fiduciary responsibility is to steward, track, and report sponsorships
as philanthropic revenue.
Each year, the City enters into various sponsorships across departments for events ranging from Kids in
the Park to Open Streets, from the 4th of July fesitivities to Gardens of Lights.
Community partnerships and event sponsorships such as support from Kentwood Real Estate significantly
enhance the City of Fort Collins’ service to the community and our residents.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $12,000 in philanthropic revenue received through City Give for the Lincoln
Center, Cultural Services.
The funds have been received and accepted per City Give Administrative and Financial Policy. The City
Manager has also determined that these appropriations are available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated in the Cultural
Services and Facilities Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in the Cultural Services and Facilities Fund during fiscal year 2024.
Page 29
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 30
Item 4.
-1-
ORDINANCE NO. 084, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH
CITY GIVE FOR THE LINCOLN CENTER, CULTURAL SERVICES
A. Kentwood Real Estate has generously donated $12,000 to the City to
support City events at the Lincoln Center.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting a City performing
arts venue.
C. 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 from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
D. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities 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.
D. 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.
E. The City Council wishes to designate the appropriation herein for the
Lincoln Center as an appropriation that shall not lapse until the earlier of the expiration of
the grant or donation or the City’s expenditure of all funds received from such grant or
donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new philanthropic revenue in the
Cultural Services and Facilities Fund the sum of TWELVE THOUSAND DOLLARS
($12,000) to be expended in the Cultural Services and Facilities Fund for the Lincoln
Center.
Section 2. The appropriation herein for the Lincoln Center is hereby designated,
as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall
Page 31
Item 4.
-2-
not lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grant or donation or the City’s expenditure of all funds received from such grant or
donation.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Ted Hewitt
Page 32
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 085, 2024, Appropriating Philanthropic Revenue Received Through
City Give for the Community Development and Neighborhood Services 2024 AARP Community
Challenge.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $20,000 in philanthropic revenue received
through City Give for Neighborhood Services, Community Development and Neighborhood Services,
Planning, Development & Transportation to support healthy outcomes for residents’ homes through three,
one-day, homeowner workshops at Skyline, North College, and Harmony Village mobile home
communities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
AARP is the nation’s largest nonprofit, nonpartisan organization dedicated to empowering people to choose
how they live as they age. AARP works to strengthen communities and advocate for what matters most to
families—with a focus on health security, financial stability, and personal fulfillment.
The grant from the 2024 AARP Community Challenge will fund three, one-day Plumbing 101 Resident
Workshops, each at a different mobile home community where adults aged 50 and older live. The mobile
home park locations include Skyline, 2211 W Mulberry Street; North College, 1601 North College Avenue;
and Harmony Village, 2500 E Harmony Road.
Neighborhood Services will also conduct hands-on training and distribute take-home educational materials
to at least 750 homes across the three mobile home parks. Households that are unable to attend the event
will still receive informational materials and access to city/partner resources.
The workshops will engage a minimum of 25 volunteers through the City’s Adopt-A-Neighbor program for
projects the residents are unable to complete on their own, especially those who are aged 50-plus.
The City Manager recommends the appropriation described herein and determined that this appropriation
is available and previously unappropriated from the General Fund and will not cause the total amount
appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be
received in the General Fund during this fiscal year. The City Manager is also recommending the transfer
Page 33
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
described herein and has determined that the purpose for which the transferred funds are to be expended
remains unchanged.
CITY FINANCIAL IMPACTS
Upon Adoption, this Ordinance will appropriate $20,000 in philanthropic revenue for Neighborhood
Services, Community Development and Neighborhood Services, Planning, Development & Transportation.
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated to exceed
the current estimate of actual and anticipated revenues and all other funds to be received during fiscal year
2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 34
Item 5.
-1-
ORDINANCE NO. 085, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED THROUGH
CITY GIVE FOR THE COMMUNITY DEVELOPMENT AND
NEIGHBORHOOD SERVICES 2024 AARP COMMUNITY CHALLENGE
A. City Give has received a generous gift of $20,000 from AARP.
B. The designated purpose of the gift is to fund three, one day, homeowner
workshops, each at a different mobile home community.
C. The City’s Adopt-A-Neighbor program provides volunteers for projects the
residents are unable to complete on their own.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting healthy outcome for
resident’s homes.
E. 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 from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated f rom
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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new philanthropic revenue in the
General Fund the sum of TWENTY THOUSAND DOLLARS ($20,000) to be expended in
the General Fund for the 2024 AARP Community Challenge.
Page 35
Item 5.
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Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Yvette Lewis-Molock
Page 36
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue Received Through
City Give for NextGen, Volunteer Services.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $20,000 in philanthropic revenue received through
City Give for the designated support of NextGen, Volunteer Services.
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 Impact Fund, OtterCares Foundation provides grants to nonprofits and schools in Northern Colorado
to support programs that directly teach the principles of entrepreneurship and/or philanthropy to K -12
students. The award to the City is designated to support Next Gen, Volunteer Services.
NextGen Serve is a City volunteer service club for youth ages 13-18 that focuses on growing leadership
skills and service in the Fort Collins community. It is a free summer program designed to help teens explore
careers they may not have considered, those in public service and philanthropy. Volunteers learn about a
variety of career paths and work alongside City staff in various settings, including parks, natural areas, and
gardens. NextGen also partners with non-profit organizations to introduce teens to philanthropy.
NextGen takes a holistic approach that builds job skills while creating community through team-building
exercises. CSU interns are engaged as Crew Leaders and mentor teens throughout the summer. NextGen
teens volunteer at a different City Department or non-profit each day of the program. Staff are present to
talk about the mission of their program and how they found their career path. Volunteer work teaches teens
the value of giving back and the joy that comes from teamwork.
Through NextGen, teens learn valuable job skills such as time management, good communication, and
leadership. Teens begin their journey by completing an application and participating in interviews. For
most, this is their first experience in an application process. At the end of the summer, teens are expected
to give a short, capstone presentation in front of parents and City leaders to share their experiences.
Page 37
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate $20,000 in philanthropic revenue for Volunteers Services.
The funds have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated to exceed
the current estimate of actual and anticipated revenues and all other funds to be received during fiscal year
2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 38
Item 6.
-1-
ORDINANCE NO. 086, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR NEXTGEN, VOLUNTEER SERVICES
A. The OtterCares Foundation has generously donated $20,000 to the City to
teach the principles of entrepreneurship and philanthropy to K -12 community youth. The
City will use this funding to support NextGen, a City volunteer service club for youth ages
13-18 that focuses on growing leadership skills and service.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting a City volunteer club
for youth.
C. 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 from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
D. 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from new philanthropic revenue in the
General Fund the sum of TWENTY THOUSAND DOLLARS ($20,000) to be expended in
the General Fund for the NexGen, Volunteer Services.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Ted Hewitt
Page 39
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Items Relating to the Repeal and Reenactment of Certain Ordinances.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and Making
Supplemental Appropriations in the Community Development Block Grant Fund.
B. First Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and Making
Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. First Reading of Ordinance No. 089, 2024, Repealing Ordinance No. 076, 2024, and Making
Supplemental Appropriation for the Charter Review Council Priority from General Fund Reserves.
D. First Reading of Ordinance No. 090, 2024, Repealing Ordinance No. 077, 2024, and Appropriating
Philanthropic Revenue Received Through City Give for the Cultural Community Program Through Cultural
Services.
E. First Reading of Ordinance No. 091, 2024, Repealing Ordinance No. 078, 2024, and Appropriating Prior
Year Philanthropic Revenue Reserves Received by City Give for the 9/11 Memorial at Spring Park.
F. First Reading of Ordinance No. 092, 2024, Repealing Ordinance No. 079, 2024, and Making a
Supplemental Appropriation and Authorizing Transfer of Appropriations for The Gardens on Spring Creek
Internship Program.
Due to a publication error, staff requests Council repeal each Ordinance as they were adopted on June
18, 2024. These Ordinances were unanimously adopted on First Reading on June 4, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Following the adoption of an ordinance on second reading, the City Clerk’s Office (CCO) is required by
Article II, Section 7 of the City Charter to publish every ordinance in full on the City website and by number
and title in a newspaper of general circulation both at least seven days prior to its final passage and within
seven days after its final passage.
Page 40
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
While all second reading ordinances adopted were published in full on the City website, the Coloradoan
failed to publish the second reading ordinances by title as ordered by the Clerk’s office on June 20, 2024.
The Charter provides no mechanism to correct this type of omission. Therefore, to ensure the ordinances
adopted on second reading on June 18 are fully perfected, it is necessary to repeal the original ordinances
in two readings of new ordinances. Following adoption of First Reading, Second Reading will be scheduled
for July 16, 2024. This is a purely procedural action. Background materials and information about each of
the ordinances being repealed and reenacted is provided as part of the June 4, 2024, agenda as items 10-
14 and the June 18, 2024, agenda as items 2-6, and are incorporated in this item by this reference.
For information on these items, please refer to the City’s meeting portal.
CITY FINANCIAL IMPACTS
The delay of adoption of these ordinances may cause financial impacts that are not yet known.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
4. Ordinance D for Consideration
5. Ordinance E for Consideration
6. Ordinance F for Consideration
Page 41
Item 7.
-1-
ORDINANCE NO. 087, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 074, 2024,
AND MAKING SUPPLEMENTAL APPROPRIATIONS IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
A. The City estimates it will receive in federal fiscal year 2024-2025
unanticipated revenue in the form of federal Community Development Block Grant
(“CDBG”) funds from Housing and Urban Development (HUD) totaling $1,107,934.
B. The City received unanticipated CDBG Program income in the amount of
$103,659.
C. Recommendations for the use of these funds were presented to City
Council at its regular meeting on June 18, 2024.
D. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing affordable housi ng
and human services for city residents.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Community Development Block Grant Fund and will not cause the total amount
appropriated in the Community Development Block Grant 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.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal 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 grant or the City’s
expenditure of all funds received from such grant.
H. The City Council wishes to designate the appropriation herein for the
Community Development Block Grant Entitlement Program 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.
Page 42
Item 7.
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I. The City Council previously made these appropriations in Ordinance No.
074, 2024, (“Ordinance No. 074”) adopted at final reading on June 18, 2024, but
Ordinance No. 074 was not published after such adoption as required by Section 7 in City
Charter Article II.
J. It is therefore necessary that the City Council adopt this Ordinance No. 087,
2024, to both repeal Ordinance No. 074 and to authorize and approve these
appropriations again.
K. The City has not expended any of the appropriations approved in Ordinance
No. 074.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds from
HUD in the Community Development Block Grant Fund, the sum of ONE MILLION ONE
HUNDRED SEVEN THOUSAND NINE HUNDRED THIRTY-FOUR DOLLARS
($1,107,934), to be expended in the Community Development Block Grant Fund upon
receipt thereof for federal fiscal year 2024-2025 Community Development Block Grant
projects.
Section 2. There is hereby appropriated from new revenue or other funds from
program income in the Community Development Block Grant Fund, the sum of ONE
HUNDRED THREE THOUSAND SIX HUNDRED FIFTY-NINE DOLLARS ($103,659), to
be expended in the Community Development Block Grant Fund for approved Community
Development Block Grant projects.
Section 3. The appropriation herein for the Community Development Block
Grant Entitlement Program 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.
Section 4. Ordinance No. 074, 2024, is hereby repealed.
Page 43
Item 7.
-3-
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Jenny Lopez Filkins
Page 44
Item 7.
-1-
ORDINANCE NO. 088, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 075, 2024,
AND MAKING SUPPLEMENTAL APPROPRIATIONS IN THE
HOME INVESTMENTS PARTNERSHIPS GRANT FUND
A. The Home Investment Partnerships Program (the “HOME Program”) was
authorized by the National Affordable Housing Act of 1990 to provide funds in the form of
Participating Jurisdiction Grants for a variety of housing-related activities that would
increase the supply of decent, safe, and affordable housing.
B. On March 1, 1994, the City Council adopted Resolution 1994-092
authorizing the Mayor to submit to the Department of Housing and Urban Development
(“HUD”) a notification of intent to participate in the HOME Program .
C. On May 26, 1994, HUD designated the City as a Particip ating Jurisdiction
in the HOME Program, allowing the City to receive an allocation of HOME Program funds
as long as Congress re-authorizes and continues to fund the program .
D. The City estimates it will receive in federal fiscal year 2024-2025
unanticipated revenue in the form of Home Investment Partnership Program (“HOME”)
funds from Housing and Urban Development (HUD) totaling $602,015.
E. The City received unanticipated HOME Program income in the amount of
$83,688.
F. Recommendations for the use of these funds were presented to City
Council at its regular meeting on June 18, 2024.
G. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing affordable housing
for city residents.
H. 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.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Home Investment Partnerships Grant Fund and will not cause the total amount
appropriated in the Home Investment Partnerships Grant 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.
Page 45
Item 7.
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J. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal 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 grant or the City’s
expenditure of all funds received from such grant.
K. The City Council wishes to designate the appropriation herein for the Home
Investment Partnerships Program 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.
L. The City Council previously made these appropriations in Ordinance No.
075, 2024 (“Ordinance No. 075”) adopted at final reading on June 18, 2024, but
Ordinance No. 075 was not published after such adoption as required by Section 7 in City
Charter Article II.
M. It is therefore necessary that the City Council adopt this Ordinance No. 088,
2024, to both repeal Ordinance No. 075 and to authorize and approve these
appropriations again.
N. The City has not expended any of the appropriations approved in Ordinance
No. 075.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds from
HUD in the HOME Investment Partnerships Grant Fund the sum of SIX HUNDRED TWO
THOUSAND FIFTEEN DOLLARS ($602,015), to be expended in the HOME Investment
Partnerships Grant Fund upon receipt from federal fiscal year 2024-2025 HOME
Participating Jurisdiction Grant Funds.
Section 2. There is hereby appropriated from new revenue or other funds from
program income in the HOME Investment Partnerships Grant Fund the sum of EIGHTY-
THREE THOUSAND SIX HUNDRED EIGHTY-EIGHT DOLLARS ($83,688), to be
expended in the HOME Investment Partnerships Grant Fund for approved HOME
Program projects.
Section 3. The appropriation herein for HOME Investment Partnerships Grant
Entitlement Program 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.
Section 4. Ordinance No. 075, 2024, is hereby repealed.
Page 46
Item 7.
-3-
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Jenny Lopez Filkins
Page 47
Item 7.
-1-
ORDINANCE NO. 089, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 076, 2024,
AND MAKING A SUPPLEMENTAL APPROPRIATION FOR THE CHARTER
REVIEW COUNCIL PRIORITY FROM GENERAL FUND RESERVES
A. On February 27, 2024, the City Council adopted Resolution 2024-024,
adopting a 2024-2026 Council Priority to modernize and update the City Charter.
B. The Resolution sets out the goals of this work as follows:
Modernize and Update the City Charter: Although small parts of the
Charter get reviewed and updated on a regular basis, due to changes in
state laws and election procedures, there is a need to modernize and
update the City Charter, which has not been done in a comprehensive way
in over 25 years.
C. The Council further discussed this Priority at the May 14 Council Work
Session, identifying as the objectives for this work:
1. Comprehensive review of City Charter to align with state law and legal
developments;
2. Update language in Charter to be inclusive;
3. Focus on cleanup and modernization rather than policy changes;
4. Evaluate form and timing options for presenting updates to voters; and
5. Fresh look at how Charter language is presented for ease of reading and clarity.
D. While staff continues to monitor for legal developments that impact Charter
language and identify changes that may be needed or beneficial, retaining a special legal
counsel with expertise and experience working with municipal charters throughout
Colorado will add a new perspective to the review and focus resources more intentionally
and systematically.
E. With this appropriation it is expected that initial work on the review would
begin in July 2024.
F. Election-related Charter amendments have been considered by the Council
Election Code Committee and are expected to be presented to Council for consideration
and referred to the voters at a special election to be called for November 2024. Updating
and modernizing the language of the provisions coming forward as part of that effort will
be part of those proposed amendments.
G. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of improving and updating the City’s Charter.
H. 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
Page 48
Item 7.
-2-
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated the
General Fund and will not cause the total amount appropriated in the General Fund, as
applicable, to exceed the current estimate of actual and anticipated revenues and all other
funds to be received in these funds during this fiscal year.
J. The City Council previously made these appropriations in Ordinance No.
076, 2024 (“Ordinance No. 076”) adopted at final reading on June 18, 2024, but
Ordinance No. 075 was not published after such adoption as required by Section 7 in City
Charter Article II.
K. It is therefore necessary that the City Council adopt this Ordinance No. 089,
2024, to both repeal Ordinance No. 076 and to authorize and approve these
appropriations again.
L. The City has not expended any of the appropriations approved in Ordinance
No. 076.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the General
Fund the sum of TW ENTY-FIVE THOUSAND DOLLARS ($25,000) to be expended in the
General Fund for the Charter Review Council Priority.
Section 2. Ordinance No. 076, 2024, is hereby repealed.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Carrie Daggett
Page 49
Item 7.
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ORDINANCE NO. 090, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 077, 2024,
AND APPROPRIATING PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR THE CULTURAL COMMUNITY
PROGRAM THROUGH CULTURAL SERVICES
A. The City was awarded $30,000 from the Bohemian Foundation to
underwrite live music as an aspect of the Cultural Community Program (the “Program”)
which works to equitably integrate arts and culture into the Fort Collins community,
especially in locations not typically programmed and beyond conventional cultural
facilities.
B. The Program is part of the City’s Cultural Services Department, and since
2022, both staff wages and programming have been supported by funding from American
Rescue Plan Act (ARPA) dollars.
C. The Program is committed to equitable opportunities for artists to reach and
engage with diverse and often underserved community segments. The Program
integrates art and culture across the community via pop-up performances, community co-
creation, and supporting community initiatives by hiring local creatives to augment
planned events.
D. This appropriation benefits the public health and welfare of the citizens and
serves the public purpose of contributing to the vibrancy of Fort Collins and making live
music fun and accessible for all.
E. 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 from such revenues and funds for expen diture as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities 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.
G. 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.
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Item 7.
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H. The City Council wishes to designate the appropriation herein for Bohemian
Foundation to underwrite live music donation as an appropriation that shall not lapse until
the earlier of the expiration of the grant or donation or the City’s expenditure of all funds
received from such grant or donation.
I. The City Council previously made these appropriations in Ordinance No.
077, 2024 (“Ordinance No. 077”) adopted at final reading on June 18, 2024, but
Ordinance No. 075 was not published after such adoption as required by Section 7 in City
Charter Article II.
J. It is therefore necessary that the City Council adopt this Ordinance No. 090,
2024, to both repeal Ordinance No. 077 and to authorize and approve these
appropriations again.
K. The City has not expended any of the appropriations approved in Ordinance
No. 077.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new philanthropic revenue in the
Cultural Services and Facilities Fund the sum of THIRTY THOUSAND DOLLARS
($30,000) to be expended in the Cultural Services and Facilities Fund for the Bohemian
Foundation to underwrite live music.
Section 2. The appropriation herein for the Cultural Community Program 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 donation or the City’s expenditure of all funds received
from such grant or donation.
Section 3. Ordinance No. 077, 2024, is hereby repealed.
Page 51
Item 7.
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Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Jenny Lopez-Filkins
Page 52
Item 7.
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ORDINANCE NO. 091, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 078, 2024,
AND APPROPRIATING PRIOR YEAR PHILANTHROPIC
REVENUE RESERVES RECEIVED BY CITY GIVE FOR
THE 9/11 MEMORIAL AT SPRING PARK
A. The City of Fort Collins and Poudre Fire Authority have collaborated to
construct a memorial to the events of September 11, 2001, at Spring Creek Park, adjacent
to Poudre Fire Authority Station 3 (the “Memorial”).
B. The Memorial will serve as the permanent home for a Steel World Trade
Center I-beam and will honor firefighters, emergency medical technicians, law
enforcement officers, and nearly 3,000 others who lost their lives on September 11, 2011 .
C. Funding for the memorial is made possible by donations from generous
community donors and efforts by Poudre Fire Authority and the City of Fort Collins staff
members. This item appropriates $12,500 in philanthropic gift s from UC Health and
charitable proceeds from Canvas Credit Union’s HeroFest. These gifts are appropriated
for the sole purpose of the 9/11 Memorial at Spring Park.
D. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of facilitating the construction of a
public memorial to the tragic events of September 11, 2001.
E. 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 from such revenues and funds for expenditu re as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Capital Project Fund and will not cause the total amount appropriated in the Capital
Project 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.
G. 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.
H. The City Council wishes to designate the appropriation herein for 9/11
Memorial at Spring Park donation as an appropriation that shall not lapse until the earlier
of the expiration of the grant or donation or the City’s expenditure of all funds received
from such grant or donation.
Page 53
Item 7.
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I. The City Council previously made these appropriations in Ordinance No.
078, 2024 (“Ordinance No. 078”) adopted at final reading on June 18, 2024, but
Ordinance No. 075 was not published after such adoption as required by Section 7 in City
Charter Article II.
J. It is therefore necessary that the City Council adopt this Ordinance No. 091,
2024, to both repeal Ordinance No. 078 and to authorize and approve these
appropriations again.
K. The City has not expended any of the appropriations approved in Ordinance
No. 078.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the Capital
Project Fund the sum of TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500) to
be expended in the Capital Project Fund for the 9/11 Memorial at Spring Park.
Section 2. The appropriation herein for the 9/11 Memorial at Spring Creek 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 donation or the City’s expenditure of all funds received
from such grant or donation.
Section 3. Ordinance No. 078, 2024, is hereby repealed.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Jenny Lopez Filkins
Page 54
Item 7.
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ORDINANCE NO. 092, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING ORDINANCE NO. 079, 2024,
AND MAKING A SUPPLEMENTAL APPROPRIATION AND
AUTHORIZING TRANSFER OF APPROPRIATIONS FOR THE
GARDENS ON SPRING CREEK INTERNSHIP PROGRAM
A. The Colorado Department of Agriculture’s (CDA) Agricultural Workforce
Development Program (AWDP) provides financial incentives to farms, ranches, and
agricultural businesses to hire interns and provide them with hands -on training needed to
begin a career in agriculture.
B. The Gardens on Spring Creek applied for funding to continue to provide
paid internship opportunities for learners. By creating paid opportunities for students to
support career readiness, the City expects to increase students’ skillsets to better prepare
them for quality jobs, while decreasing the financial burden an unpaid internship can
cause.
C. The Gardens was awarded one horticulture internship of $4,200 for the
summer of 2024. This internship will work directly in the Garden of Eatin’, an acre garden
dedicated to food production where all produce is donated to the Food Bank of Larimer
County, as well as with the Community Gardens Program, which allows residents to grow
their own fruits, vegetables, herbs and annual flowers in one of the City’s eight community
gardens.
D. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and the intern’s work serves the public purpose of improving a public
cultural facility.
E. 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.
F. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Cultural Services and Facilities Fund and will not cause the total amount appropriated
in the Cultural Services and Facilities 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.
G. 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
Page 55
Item 7.
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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
H. The City Manager has recommended the transfer of $4,200 from the
Cultural Services and Facilities Fund Operating Budget to Cultural Services and Facilities
Fund Grant Project Budget and determined that the purpose for which the transferred
funds are to be expended remains unchanged.
I. 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 fede ral,
state or private grant or the City’s expenditure of all funds received from such grant.
J. The City Council wishes to designate the appropriation herein for the
Gardens on Spring Creek Internship Program Grant 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.
K. The City Council previously made these appropriations in Ordinance No.
079, 2024 (“Ordinance No. 079”) adopted at final reading on June 18, 2024, but
Ordinance No. 075 was not published after such adoption as required by Section 7 in City
Charter Article II.
L. It is therefore necessary that the City Council adopt this Ordinance No. 092,
2024, to both repeal Ordinance No. 079 and to authorize and approve these
appropriations again.
M. The City has not expended any of the appropriations approved in Ordinance
No. 079.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Cultural Services and Facilities Fund the sum of FOUR THOUSAND TWO HUNDRED
DOLLARS ($4,200) to be expended in the Cultural Services and Facilities Fund for
Gardens on Spring Creek Internship Program.
Section 2. The unexpended and unencumbered appropriated amount of FOUR
THOUSAND TWO HUNDRED DOLLARS ($4,200) is authorized for transfer from the
Cultural Services and Facilities Fund Operating Budget to Cultural Services and Facilities
Page 56
Item 7.
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Fund Grant Project Budget and appropriated therein to be expended for Gardens on
Spring Creek Internship Program.
Section 3. The appropriation herein for the Gardens on Spring Creek Internship
Program Grant 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.
Section 4. Ordinance No. 079, 2024, is hereby repealed.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Jenny Lopez Filkins
Page 57
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
First Reading of Ordinance No. 093, 2024, Calling a Special Election to be Held in Conjunction with
the November 5, 2024, Larimer County General Election.
EXECUTIVE SUMMARY
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November
5, 2024, Larimer County Coordinated Election, and to preserve the opportunity for Council to place initiated
or referred issues on the November ballot.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
If Council decides to place any measures on the ballot relating to Charter amendments, it will need to do
so no later than August 20 to meet statutory requirements for publication. If Council does not take action
by ordinance or resolution before the statutory deadline (September 6) to certify ballot language to Larimer
County, the election will be cancelled, and the provisions of this Ordinance will be of no further force and
effect.
This Ordinance does not submit a specific measure to the November 5, 2024, ballot. Adoption of this
Ordinance is a required step in preserving the option for Council to submit any ballot measures that Council
may desire, at the November 5, 2024, Coordinated Election.
CITY FINANCIAL IMPACTS
The cost of the special election will not be known until the County has been notified of the number of
municipalities that will be on the ballot.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 58
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
1. Ordinance for Consideration.
Page 59
Item 8.
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ORDINANCE NO. 093, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CALLING A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN CONJUNCTION WITH THE NOVEMBER 5, 2024,
LARIMER COUNTY GENERAL ELECTION
A. Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council
submitting a proposed amendment to a vote of the registered electors of the City of Fort
Collins.
B. The decision to call a special election must be made by ordinance soo ner
than the deadline to place measures on the ballot.
C. City staff is presenting to the City Council for consideration proposed
Charter amendments related to City elections and possibly other measures for voter
approval.
D. For the foregoing reasons, the City Council wishes to call a special
municipal election on November 5, 2024, to be held in conjunction with the Larimer
County General Election, for the purpose of submitting to the electorate of the City any
ballot issues approved by the City Council prior to the deadline for certifying ballot content
to the Larimer County Clerk and Recorder.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. A Special Municipal Election in the City is hereby called for Tuesday,
November 5, 2024, to be held in conjunction with the Larimer County General Election
and conducted in such manner as shall be determined by the Larimer County Clerk and
Recorder.
Section 2. The provisions of the Uniform Election Code, as amended, are
hereby adopted with respect to the conduct of said election in lieu of the provisions of the
Municipal Election Code.
Section 3. Subject to any applicable provision in Colorado statute to the
contrary, the City Council may, by resolution or ordinance, submit to the voters at said
election any citizen-initiated or City-initiated measure that complies with the requirements
of the City Charter, irrespective of the nature of such measure.
Section 4. The City Clerk is hereby directed to certify the ballot content for the
Special Municipal Election to the Larimer County Clerk no later tha n September 6, 2024,
for any ballot titles set by the City Council prior to said date.
Page 60
Item 8.
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Section 5. The City Manager is hereby authorized to enter into an
intergovernmental agreement with Larimer County for conduct of the election, pursuant
to Section 1-7-116(2) of the Colorado Revised Statutes.
Section 6. In the event that the City Council does not take action by ordinance
or resolution prior to September 6, 2024, to submit any ballot measures to the voters at
the November 5, 2024, Larimer County General Election, the election provided for herein
shall be cancelled and the provisions of this Ordinance shall be of no further force and
effect.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Carrie Daggett
Page 61
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Travis Storin, Chief Financial Officer
Matt Robenalt, DDA Executive Director
Kristy Klenk, DDA Financial Coordinator
SUBJECT
Resolution 2024-081 Approving the 2024 Certification to the Larimer County Assessor Pursuant to
Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment.
EXECUTIVE SUMMARY
The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax
distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment
from the 2024 property taxes payable in 2025 to the City and to all other affected taxing entities.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2008, the Fort Collins, Colorado Downtown Development Authority (“DDA”) was in the final ten years of
its original 30-year period (the “Original TIF Term”) during which property tax increment funds (“TIF”) could
be allocated to and, when collected, paid to the City for deposit into a special fund to be used for DDA
projects as provided in Colorado Revised Statues (“C.R.S.”) Section 31-25-807(3)(a)(II) (“TIF Fund”).
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(A), in the final ten years of the Original TIF Term, Council
had the authority to extend by ordinance such term by one additional 20-year period (the “TIF Extension
Period”), provided that:
On the first day of the TIF Extension Period, the established base year for the allocation of property
taxes is advanced by ten years, and
upon the completion of the first ten years of the TIF Extension period, the base is advanced by one
year for every additional year through the final ten years.
Also, under C.R.S. Section 31-25-807(3)(a)(IV)(B), City Council had and continues to have the authority to
allocate more than 50% of property taxes levied by the City to be allocated and paid into the TIF Fund.
Page 62
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
On July 10, 2008, the DDA approved its Resolution 2008-06 (the “DDA Resolution”), recommending to
Council:
Approval of the TIF Extension Period, and
the allocation of 100% of the City’s property tax increment into the TIF Fund (the 100% City TIF
Allocation).
On September 2, 2008, Council adopted Ordinance No. 101, 2008, (the “2008 Ordinance”) approving the
TIF Extension Period and, consistent with the August 19, 2008, Agenda Item Summary accompanying
such ordinance and the DDA Resolution, approved the 100% City TIF Allocation.
Also, on February 15, 2011, Council, as the ex-officio Board of Directors of General Improvement District
No. 1 (“GID Board”), adopted Ordinance No. 060 (the “2011 GID Ordinance”) allocating 100% of the tax
increment revenue from the Fort Collins General Improvement District No. 1 to the DDA Tax Increment
Fund for the TIF Extension Period, with the seventh recital of the 2011 GID Ordinance confirming that the
2008 Ordinance had approved the 100% City TIF Allocation.
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), an annual certification to the Larimer County Assessor
is required by August 1 of each calendar year, which certification needs to include the allocations of tax
increment for that year of all affected taxing entities, including the City. The proposed Resolution reaffirms
Council’s previous actions in the 2008 Ordinance, acknowledges the actions taken as the GID Board in
the 2011 GID Ordinance, and provides the Assessor with Council’s 2023 certification pursuant to C.R.S.
Section 31-25-807(3)(a)(IV)(B). It also directs the City’s Financial Officer to provide this certification to the
Assessor by August 1, 2024.
CITY FINANCIAL IMPACTS
There are no changes in the financial or economic impacts to the City as they currently exist.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 63
Item 9.
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RESOLUTION 2024-081
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE 2024 CERTIFICATION TO THE LARIMER
COUNTY ASSESSOR PURSUANT TO COLORADO REVISED
STATUTES SECTION 31-25-807(3)(a)(IV)(B) FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY PROPERTY TAX INCREMENT
A. In 2008, the Fort Collins, Colorado Downtown Development Authority
(“DDA”) was in the final ten years of its original 30-year period (“Original TIF Term”) during
which property tax increment funds (“TIF”) could be allocated to and, when collecte d, paid
to the City of Fort Collins (“City”) for deposit into a special fund to be used for DDA
projects, as provided in Colorado Revised Statutes (“C.R.S.”) Section 31-25-807(3)(a)(II)
(“TIF Fund”).
B. Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(A), in the final ten years of
the Original TIF Term, the Fort Collins City Council had the authority to extend by
ordinance such term by one additional 20 -year period (the “TIF Extension Period”),
provided that (i) on the first day of the TIF Extension Period the established base year for
the allocation of property taxes is advanced by ten years, and (ii) upon the completion of
the first ten years of the TIF Extension period, the base is advanced by one year for every
additional year through the final ten years.
C. Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), the City Council also
had and continues to have the authority to commit more than 50% of the property taxes
levied by the City to be allocated and paid into the TIF Fund .
D. On July 10, 2008, the DDA approved its Resolution 2008-06 (the “DDA
Resolution”) recommending to the City Council (i) approval of the TIF Extension Period,
and (ii) the allocation of 100% of the City’s property tax increment into the TIF Fund (the
“100% City TIF Allocation”).
E. On September 2, 2008, the City Council adopted Ordinance No. 101, 2008
(the “2008 Ordinance”) approving the TIF Extension Period and, consistent with the
August 19, 2008, Agenda Item Summary accompanying such ordinance and the DDA
Resolution, approved the 100% City TIF Allocation.
F. On February 15, 2011, the City Council, as the ex-officio Board of Directors
of General Improvement District No. 1 (“GID Board”), adopted Ordinance No. 060 (“2011
GID Ordinance”) allocating 100% of the tax increment revenue from the Fort Col lins
General Improvement District No. 1 to the DDA Tax Increment Fund for the TIF Extension
Period, with the seventh recital of the 2011 GID Ordinance confirming that the 2008
Ordinance had approved the 100% City TIF Allocation.
G. Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B), an annual certification
to the Larimer County Assessor (“Assessor”) is required by August 1 of each calendar
Page 64
Item 9.
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year, which certification needs to include the allocations of tax increment for that year of
all affected taxing entities, including the City.
H. The purposes of this Resolution are to reaffirm the Council’s previous
actions in the 2008 Ordinance, to acknowledge the actions it took as the GID Board in the
2011 GID Ordinance, and to provide the Assessor with the City Council’s 2024
certification pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B).
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council hereby reaffirms its previous actions in the 2008
Ordinance, acknowledges the actions it took as the GID Board in the 2011 GID
Ordinance, and certifies to the Assessor, pursuant to C.R.S. Section 31 -25-
807(3)(a)(IV)(B), that for 2024 property taxes payable in 2025, the 2011 GID Ordinance
continues to be in effect to allocate 100% of the available property tax increment from the
Fort Collins General Improvement District No. 1 mill levy to the DDA tax increment fund,
and the City continues to allocate 100% of its available property tax increment from its
mill levy to the DDA tax increment fund, but that all other affected taxing entities are
allocating only 50% of their property tax increment, and directs the City’s Financial Officer
to provide this certification to the Assessor by August 1, 2024.
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ryan Malarky
Page 65
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jill A. Hueser, Chief Judge
SUBJECT
Items Relating to the Appointment and Reappointment of Assistant Municipal Court Judges.
EXECUTIVE SUMMARY
A. Resolution 2024-082 Reappointing Brandi Nieto as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
B. Resolution 2024-083 Reappointing Kristin Brown as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
C. Resolution 2024-084 Reappointing Sarah Simchowitz as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
D. Resolution 2024-085 Appointing John William Sierra as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
E. Resolution 2024-086 Appointing Laura Hinojos as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
F. Resolution 2024-087 Appointing Whitney Stark as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
G. Resolution 2024-088 Appointing Linda Cooke as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
H. Resolution 2024-089 Appointing Jana Kaspar as an Assistant Municipal Judge of the Fort Collins
Municipal Court and Authorizing the Execution of an Employment Agreement.
The purpose of this item is to reappoint three Assistant Municipal Judges and to appoint five new Assistant
Municipal Judges for the Fort Collins Municipal Court. The City Charter provides for the appointment of
judges of the Municipal Court for two-year terms. Chief Judge Jill A. Hueser recommends that John William
Sierra, Laura Hinojos, Whitney Stark, Linda Cooke, and Jana Kaspar be appointed as Assistant Municipal
Judges, and that Brandi Nieto, Kristin Brown and Sarah Simchowitz be reappointed as Assistant Municipal
Judges to serve in the absence of the Chief Judge.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
Page 66
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
These Resolutions appoint five new Assistant Municipal Judges and reappoint three existing Assistant
Municipal Judges, all for two-year terms, and authorize the Mayor to execute employment agreements with
each of them. Although the terms of the current Assistant Municipal Judges do not expire until December
31, Chief Judge Hueser requests that they be reappointed now so that all appointments can be on the
same schedule. Chief Judge Hueser recommends these appointments to provide adequate relief judge
resources to cover vacation and sick leave, to preside when two judges are necessary based on the size
of the Municipal Court docket, and in cases where there may be a conflict for one or more judges. Assistant
Judges may also serve as the Liquor Authority or Marijuana Authority when the Chief Judge is unavailable.
The new appointees and their backgrounds are:
Mr. Sierra currently works as a hearing officer for the City of Greeley and has prior experience of
over twenty years as a trial attorney. He is bilingual, speaking Spanish fluently and has a diverse
background of legal experience.
Ms. Hinojos recently left the District Attorney’s Office for the 8th Judicial District, where she was a
Chief Deputy District Attorney. Although this is her first judicial appointment, she brings over fifteen
years of legal experience to the bench.
Ms. Stark currently works in Denver as a part-time Magistrate Judge while also maintaining her own
private practice. She previously worked as a Public Defender.
Ms. Cooke recently retired from the City of Boulder, where she was the presiding judge for over
twenty years.
Ms. Kaspar is currently in private practice in Denver and also serves as a Pro Tem Municipal Judge
for the City of Westminster.
Chief Judge Hueser believes each of these individuals will serve the City of Fort Collins faithfully and will
add great value to the bench. Additionally, Chief Judge Hueser requests reappointment of the current
judges as they have all provided valuable service to the bench and continue to be well-qualified judges.
The Assistant Municipal Judges may also be appointed by the Chief Jude to serve as referees to hear civil
infractions, camera radar, red light, and parking infractions when requested.
CITY FINANCIAL IMPACTS
The proposed rate of pay of $100 per hour is in line with the rate being paid by other Municipal
Courts in the front range. Each Assistant Municipal Judge will serve on an as-needed basis and
the expense will be covered by the current Municipal Court budget.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution A for Consideration
2. Exhibit A to Resolution A
3. Resolution B for Consideration
Page 67
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
4. Exhibit A to Resolution B
5. Resolution C for Consideration
6. Exhibit A to Resolution C
7. Resolution D for Consideration
8. Exhibit A to Resolution D
9. Resolution E for Consideration
10. Exhibit A to Resolution E
11. Resolution F for Consideration
12. Exhibit A to Resolution F
13. Resolution G for Consideration
14. Exhibit A to Resolution G
15. Resolution H for Consideration
16. Exhibit A to Resolution H
Page 68
Item 10.
-1-
RESOLUTION 2024-082
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING BRANDI NIETO AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. On January 17, 2023, the City Council appointed Brandi Nieto as an
Assistant Municipal Judge to back up Chief Judge Jill Hueser for a term beginning
January 1, 2023, nunc pro tunc, and ending December 31, 2024.
C. Judge Nieto has served admirably, and the Chief Judge has recommended
that City Council reappoint Judge Nieto for another two-year term. Although Judge
Nieto’s current term does not expire until December, the Chief Judge is requesting
appointment of four new Assistant Judges by separate Resolutions, and recommends
that the City Council reappoint the current Assistant Judges now so that all the Assistant
Judges will be on the same schedule for possible future reappointment.
D. The City Council recognizes that Brandi Nieto is a reputable and qualified
attorney and wishes to reappoint her to serve in such capacity on the recommendation of
the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Brandi Nieto is hereby appointed Assistant Municipal Judge, for a
term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as an
Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Judge Nieto for serving
in this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein
by this reference, for the period of July 1, 2024, through June 30, 2026, between the City
and Brandi Nieto to effectuate the purposes of this Resolution.
Page 69
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 70
Item 10.
EXHIBIT A TO RESOLUTION 2024-082
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024 (Effective
Date”), by and between the City of Fort Collins, hereinafter referred to as the “City,” and Brandi
Nieto, hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide their services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-082, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
WHEREAS, this Agreement replaces and supersedes the previous Employment
Agreement between the parties dated January 1, 2023, which is terminated and of no further effect
as of the Effective Date.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
Page 71
Item 10.
Brandi Nieto, Esq. EXHIBIT A TO RESOLUTION 2024-082
Employment Agreement
July 2, 2024
Page 2 of 6
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Brandi Nieto
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
Page 72
Item 10.
Brandi Nieto, Esq. EXHIBIT A TO RESOLUTION 2024-082
Employment Agreement
July 2, 2024
Page 3 of 6
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
Page 73
Item 10.
Brandi Nieto, Esq. EXHIBIT A TO RESOLUTION 2024-082
Employment Agreement
July 2, 2024
Page 4 of 6
8. Conflict Avoidance
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 74
Item 10.
Brandi Nieto, Esq. EXHIBIT A TO RESOLUTION 2024-082
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By: _______________________________ _________________________
Jeni Arndt, Mayor _________________________
[Name/Title]
APPROVED AS TO FORM:
__________________________
Senior Assistant City Attorney
EMPLOYEE: APPROVED:
_________________________________ __________________________
Brandi Nieto, Esq. Human Resources Executive
APPROVED:
__________________________
Chief Judge Jill A. Hueser
Page 75
Item 10.
Brandi Nieto, Esq. EXHIBIT A TO RESOLUTION 2024-082
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort
Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During
arraignment sessions (including video advisements of prisoners held at the Larimer County Jail),
the Assistant Municipal Judge shall give the advisements (or ensure that written advisements
have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and
process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions,
the Assistant Municipal Judge shall conduct the trials in accordance with the laws and
procedures applicable to the Court.
Page 76
Item 10.
-1-
RESOLUTION 2024-083
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING KRISTIN BROWN AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. On January 17, 2023, the City Council appointed Kristin Brown as an
Assistant Municipal Judge to back up Chief Judge Jill Hueser for a term beginning
January 1, 2023, nunc pro tunc, and ending December 31, 2024.
C. Judge Brown has served admirably, and the Chief Judge has recommended
that City Council reappoint Judge Brown for another two-year term. Although Judge
Brown’s current term does not expire until December, the Chief Judge is requesting
appointment of four new Assistant Judges by separate Resolutions, and recommends
that the City Council reappoint the current Assistant Judges now so that all the Assistant
Judges will be on the same schedule for possible future reappointment.
D. The City Council recognizes that Kristin Brown is a reputable and qualified
attorney and wishes to reappoint her to serve in such capacity on the recommendation of
the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Kristin Brown is hereby appointed Assistant Municipal Judge, for a
term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as an
Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Judge Brown for serving
in this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein
by this reference, for the period of July 1, 2024, through June 30, 2026, between the City
and Kristin Brown to effectuate the purposes of this Resolution.
Page 77
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 78
Item 10.
EXHIBIT A TO RESOLUTION 2024-083
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024, by and
between the City of Fort Collins, hereinafter referred to as the “City,” and Kristin Brown,
hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide her services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-083, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
WHEREAS, this Agreement replaces and supersedes the previous Employment
Agreement between the parties dated January 1, 2023, which is terminated and of no further effect
as of the Effective Date.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
Page 79
Item 10.
Kristin Brown EXHIBIT A TO RESOLUTION 2024-083
Employment Agreement
July 2, 2024
Page 2 of 6
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Kristin Brown
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
6. Applicability of Personnel Policies
Page 80
Item 10.
Kristin Brown EXHIBIT A TO RESOLUTION 2024-083
Employment Agreement
July 2, 2024
Page 3 of 6
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
8. Conflict Avoidance
Page 81
Item 10.
Kristin Brown EXHIBIT A TO RESOLUTION 2024-083
Employment Agreement
July 2, 2024
Page 4 of 6
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 82
Item 10.
Kristin Brown EXHIBIT A TO RESOLUTION 2024-083
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Jeni Arndt, Mayor
ATTEST:
_______________________________
[Name/Title]
APPROVED AS TO FORM:
Senior Assistant City Attorney EMPLOYEE:
Kristin Brown, Esq.
Sr. Assistant City Attorney
APPROVED:
Human Resources Executive
APPROVED:
Chief Judge Jill A. Hueser
Page 83
Item 10.
Kristin Brown EXHIBIT A TO RESOLUTION 2024-083
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort
Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During
arraignment sessions (including video advisements of prisoners held at the Larimer County Jail),
the Assistant Municipal Judge shall give the advisements (or ensure that written advisements
have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and
process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions,
the Assistant Municipal Judge shall conduct the trials in accordance with the laws and
procedures applicable to the Court.
Page 84
Item 10.
-1-
RESOLUTION 2024-084
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPOINTING SARAH SIMCHOWITZ AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. On January 17, 2023, the City Council appointed Sarah Simchowitz as an
Assistant Municipal Judge to back up Chief Judge Jill Hueser for a term beginning
January 1, 2023, nunc pro tunc, and ending December 31, 2024.
C. Judge Simchowitz has served admirably, and the Chief Judge has
recommended that City Council reappoint Judge Nieto for another two-year term.
Although Judge Nieto’s current term does not expire until December, the Chief Judge is
requesting appointment of four new Assistant Judges by separate Resolutions, and
recommends that the City Council reappoint the current Assistant Judges now so that all
the Assistant Judges will be on the same schedule for possible future reappointment.
D. The City Council recognizes that Sarah Simchowitz is a reputable and
qualified attorney and wishes to reappoint her to serve in such capacity on the
recommendation of the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Sarah Simchowitz is hereby appointed Assistant Municipal Judge,
for a term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as
an Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Judge Simchowitz for
serving in this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein
by this reference, for the period of July 1, 2024, through June 30, 2026, between the City
and Sarah Simchowitz to effectuate the purposes of this Resolution.
Page 85
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 86
Item 10.
EXHIBIT A TO RESOLUTION 2024-084
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024, by and
between the City of Fort Collins, hereinafter referred to as the “City,” and Sarah Simchowitz,
hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide their services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-084, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
WHEREAS, this Agreement replaces and supersedes the previous Employment
Agreement between the parties dated January 1, 2023, which is terminated and of no further effect
as of the Effective Date.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
Page 87
Item 10.
Sarah Simchowitz EXHIBIT A TO RESOLUTION 2024-084
Employment Agreement
July 2, 2024
Page 2 of 6
(a) The term of this Agreement shall be from July 1 2024 to and including June 30, 2026.
Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the
expiration of its term.
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Sarah Simchowitz
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
6. Applicability of Personnel Policies
Page 88
Item 10.
Sarah Simchowitz EXHIBIT A TO RESOLUTION 2024-084
Employment Agreement
July 2, 2024
Page 3 of 6
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
8. Conflict Avoidance
Page 89
Item 10.
Sarah Simchowitz EXHIBIT A TO RESOLUTION 2024-084
Employment Agreement
July 2, 2024
Page 4 of 6
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 90
Item 10.
Sarah Simchowitz EXHIBIT A TO RESOLUTION 2024-084
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO,
a municipal corporation
By:
Jeni Arndt, Mayor
ATTEST:
_______________________________
[Name/Title]
APPROVED AS TO FORM:
Senior Assistant City Attorney EMPLOYEE:
Sarah Simchowitz, Esq.
Senior Assistant City Attorney
APPROVED:
Human Resources Executive
APPROVED:
Chief Judge Jill A. Hueser
Page 91
Item 10.
Sarah Simchowitz EXHIBIT A TO RESOLUTION 2024-084
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge shall handle arraignment sessions and trial sessions of the Fort
Collins Municipal Court on the dates and times agreed upon with the Chief Judge. During
arraignment sessions (including video advisements of prisoners held at the Larimer County Jail),
the Assistant Municipal Judge shall give the advisements (or ensure that written advisements
have been reviewed and signed by defendants), accept pleas of “guilty” and “no contest,” and
process paperwork as requested by the Chief Judge or Court Administrator. During trial sessions,
the Assistant Municipal Judge shall conduct the trials in accordance with the laws and
procedures applicable to the Court.
Page 92
Item 10.
-1-
RESOLUTION 2024-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING JOHN WILLIAM SIERRA AS AN ASSISTANT
MUNICIPAL JUDGE OF THE FORT COLLINS MUNICIPAL
COURT AND AUTHORIZING THE EXECUTION OF AN
EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. The City Council has previously appointed Judge Brown, Judge Nieto and
Judge Simchowitz as Assistant Municipal Judges.
C. Because the current Assistant Municipal Judges also have other work
outside the City, there have still been multiple occasions where none of them were
available to provide backup coverage for Chief Judge Jill Hueser.
D. Chief Judge Hueser is therefore recommending that the City Council
appoint an additional Assistant Municipal Judge, John William Sierra, as back-up for
herself.
E. The City Council recognizes that John Wiliam Sierra is a reputable and
qualified attorney, who is licensed to practice law in the state of Colorado, and wishes to
appoint Mr. Sierra to serve in such capacity on the recommendation of the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. John William Sierra is hereby appointed as Assistant Municipal
Judge, for a term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to
serve as Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Mr. Sierra for serving in
this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement between the City and John William Sierra in a form consistent with Exhibit “A”,
attached hereto and incorporated herein by reference, for the period of J uly 1, 2024,
through June 30, 2024, to effectuate the purposes of this Resolution.
Page 93
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 94
Item 10.
EXHIBIT A TO RESOLUTION 2024-085
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024 (Effective
Date”), by and between the City of Fort Collins, hereinafter referred to as the “City,” and John
William Sierra, hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide their services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-085, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
Page 95
Item 10.
John William Sierra, Esq. EXHIBIT A TO RESOLUTION 2024-085
Employment Agreement
July 2, 2024
Page 2 of 6
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
John William Sierra
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
Page 96
Item 10.
John William Sierra, Esq. EXHIBIT A TO RESOLUTION 2024-085
Employment Agreement
July 2, 2024
Page 3 of 6
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that he shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which he may develop during the Employee's
employment, whether individually or in conjunction with others, and all intermediate and partial
versions thereof, as well as all materials, flow charts, notes, outlines and the like created in
connection therewith (collectively referred to as “Work Product”), and any formulae, processes,
logarithms, ideas and other information not generally known to the public, whether or not protected
by copyright, and developed or generated by the Employee in the course of the Employee's
employment hereunder, shall be the sole property of the City upon their creation or, in the case
of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
Page 97
Item 10.
John William Sierra, Esq. EXHIBIT A TO RESOLUTION 2024-085
Employment Agreement
July 2, 2024
Page 4 of 6
8. Conflict Avoidance
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy be amended, modified, supplemented or rescinded
at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a
writing signed by the parties hereto. It is further understood and agreed by the Employee that no
representation, promise or other agreement not expressly contained herein has been made to induce
the execution of this Agreement, and that the terms of this Agreement are contractual and not merely
recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or he is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 98
Item 10.
John William Sierra, Esq. EXHIBIT A TO RESOLUTION 2024-085
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By: _______________________________ _________________________
Jeni Arndt, Mayor _________________________
[Name/Title]
APPROVED AS TO FORM:
__________________________
Senior Assistant City Attorney
EMPLOYEE: APPROVED:
_________________________________ __________________________
John William Sierra, Esq. Human Resources Executive
APPROVED:
__________________________
Chief Judge Jill A. Hueser
Page 99
Item 10.
John William Sierra, Esq. EXHIBIT A TO RESOLUTION 2024-085
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge presides over the municipal court docket as needed when the
Chief Judge is unavailable or when two judges are necessary based on the size of the docket.
The Assistant Judge may preside over any type of docket or trial, including arraignments, pretrial
conferences, in-custody hearings, pretrial readiness hearings, show cause hearings, court trials,
jury trials, and any other hearing set on the docket ; review and rule on motions and documents
relating to cases to which they are assigned or in which the Chief Judge has a conflict; and may
serve as the liquor authority or marijuana authority when the Chief Judge is unavailable.
The Assistant Municipal Judge conducts hearings/trials in an efficient and appropriate manner;
advises defendants of their rights, administers oath and affirmations, rules on admissibility of
evidence and methods of conducting testimony, examines evidence and interprets applicable
law, enforces orders, rules, and judgments in compliance with all applicable law; imposes fines
and sentences upon finding of guilty/liable or responsibility according to City Code, and state
and federal law; designs and implements appropriate and creative penalties; enforces penalties
consistently, according to City Code and Charter as well as state law; and protects and preserves
the court record to ensure that the City and defendants have a record on which to appeal, if
necessary.
Page 100
Item 10.
-1-
RESOLUTION 2024-086
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING LAURA HINOJOS AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. The City Council has previously appointed Judge Brown, Judge Nieto and
Judge Simchowitz as Assistant Municipal Judges.
C. Because the current Assistant Municipal Judges also have other work
outside the City, there have still been multiple occasions where none of them were
available to provide backup coverage for Chief Judge Jill Hueser.
D. Chief Judge Hueser is therefore recommending that the City Council
appoint an additional Assistant Municipal Judge, Laura Hinojos, as back-up for herself.
E. The City Council recognizes that Laura Hinojos is a reputable and qualified
attorney, who is licensed to practice law in the state of Colorado, and wishes to appoint
Ms. Hinojos to serve in such capacity on the recommendation of the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Laura Hinojos is hereby appointed as Assistant Municipal Judge, for
a term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as
Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Ms. Hinojos for serving
in this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement between the City and Laura Hinojos in a form consistent with Exhibit “A”,
attached hereto and incorporated herein by reference, for the period of J uly 1, 2024,
through June 30, 2024, to effectuate the purposes of this Resolution.
Page 101
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 102
Item 10.
EXHIBIT A TO RESOLUTION 2024-086
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024 (Effective
Date”), by and between the City of Fort Collins, hereinafter referred to as the “City,” and Laura
Hinojos, hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide her services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-086, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
Page 103
Item 10.
Laura Hinojos, Esq. EXHIBIT A TO RESOLUTION 2024-086
Employment Agreement
July 2, 2024
Page 2 of 6
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at her regular rate in
lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of
deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Laura Hinojos
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
Page 104
Item 10.
Laura Hinojos, Esq. EXHIBIT A TO RESOLUTION 2024-086
Employment Agreement
July 2, 2024
Page 3 of 6
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
Page 105
Item 10.
Laura Hinojos, Esq. EXHIBIT A TO RESOLUTION 2024-086
Employment Agreement
July 2, 2024
Page 4 of 6
8. Conflict Avoidance
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance o f a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 106
Item 10.
Laura Hinojos, Esq. EXHIBIT A TO RESOLUTION 2024-086
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By: _______________________________ _________________________
Jeni Arndt, Mayor _________________________
[Name/Title]
APPROVED AS TO FORM:
__________________________
Senior Assistant City Attorney
EMPLOYEE: APPROVED:
_________________________________ __________________________
Laura Hinojos, Esq. Human Resources Executive
APPROVED:
__________________________
Chief Judge Jill A. Hueser
Page 107
Item 10.
Laura Hinojos, Esq. EXHIBIT A TO RESOLUTION 2024-086
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge presides over the municipal court docket as needed when the
Chief Judge is unavailable or when two judges are necessary based on the size of the docket.
The Assistant Judge may preside over any type of docket or trial, including arraignments, pretrial
conferences, in-custody hearings, pretrial readiness hearings, show cause hearings, court trials,
jury trials, and any other hearing set on the docket; review and rule on motions and documents
relating to cases to which they are assigned or in which the Chief Judge has a conflict; and may
serve as the liquor authority or marijuana authority when the Chief Judge is unavailable.
The Assistant Municipal Judge conducts hearings/trials in an efficient and appropriate manner;
advises defendants of their rights, administers oath and affirmations, rules on admissibility of
evidence and methods of conducting testimony, examines evidence and interprets applicable
law, enforces orders, rules, and judgments in compliance with all applicable law; imposes fines
and sentences upon finding of guilty/liable or responsibility according to City Code, and state
and federal law; designs and implements appropriate and creative penalties; enforces penalties
consistently, according to City Code and Charter as well as state law; and protects and preserves
the court record to ensure that the City and defendants have a record on which to appeal, if
necessary.
Page 108
Item 10.
-1-
RESOLUTION 2024-087
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING WHITNEY STARK AS AN ASSISTANT MUNICIPAL
JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND
AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. The City Council has previously appointed Judge Brown, Judge Nieto and
Judge Simchowitz as Assistant Municipal Judges.
C. Because the current Assistant Municipal Judges also have other work
outside the City, there have still been multiple occasions where none of them were
available to provide backup coverage for Chief Judge Jill Hueser.
D. Chief Judge Hueser is therefore recommending that the City Council
appoint an additional Assistant Municipal Judge, Whitney Stark, as back-up for herself.
E. The City Council recognizes that Whitney Stark is a reputable and qualified
attorney, who is licensed to practice law in the state of Colorado, and wishes to appoint
Ms. Stark to serve in such capacity on the recommendation of the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Whitney Stark is hereby appointed as Assistant Municipal Judge, for
a term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as
Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Ms. Stark for serving in
this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement between the City and Whitney Stark in a form consistent with Exhibit “A”,
attached hereto and incorporated herein by reference, for the period of J uly 1, 2024,
through June 30, 2024, to effectuate the purposes of this Resolution.
Page 109
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 110
Item 10.
EXHIBIT A TO RESOLUTION 2024-087
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024 (Effective
Date”), by and between the City of Fort Collins, hereinafter referred to as the “City,” and Whitney
Stark, hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide their services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-087, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
Page 111
Item 10.
Whitney Stark, Esq. EXHIBIT A TO RESOLUTION 2024-087
Employment Agreement
July 2, 2024
Page 2 of 6
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Whitney Stark
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
Page 112
Item 10.
Whitney Stark, Esq. EXHIBIT A TO RESOLUTION 2024-087
Employment Agreement
July 2, 2024
Page 3 of 6
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
Page 113
Item 10.
Whitney Stark, Esq. EXHIBIT A TO RESOLUTION 2024-087
Employment Agreement
July 2, 2024
Page 4 of 6
8. Conflict Avoidance
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 114
Item 10.
Whitney Stark, Esq. EXHIBIT A TO RESOLUTION 2024-087
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By: _______________________________ _________________________
Jeni Arndt, Mayor _________________________
[Name/Title]
APPROVED AS TO FORM:
__________________________
Senior Assistant City Attorney
EMPLOYEE: APPROVED:
_________________________________ __________________________
Whitney Stark, Esq. Human Resources Executive
APPROVED:
__________________________
Chief Judge Jill A. Hueser
Page 115
Item 10.
Whitney Stark, Esq. EXHIBIT A TO RESOLUTION 2024-087
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge presides over the municipal court docket as needed when the
Chief Judge is unavailable or when two judges are necessary based on the size of the docket. The
Assistant Judge may preside over any type of docket or trial, including arraignments, pretrial
conferences, in-custody hearings, pretrial readiness hearings, show cause hearings, court trials,
jury trials, and any other hearing set on the docket; review and rule on motions and documents
relating to cases to which they are assigned or in which the Chief Judge has a conflict; and may
serve as the liquor authority or marijuana authority when the Chief Judge is unavailable.
The Assistant Municipal Judge conducts hearings/trials in an efficient and appropriate manner;
advises defendants of their rights, administers oath and affirmations, rules on admissibility of
evidence and methods of conducting testimony, examines evidence and interprets applicable law,
enforces orders, rules, and judgments in compliance with all applicable law; imposes fines and
sentences upon finding of guilty/liable or responsibility according to City Code, and state and
federal law; designs and implements appropriate and creative penalties; enforces penalties
consistently, according to City Code and Charter as well as state law; and protects and preserves
the court record to ensure that the City and defendants have a record on which to appeal, if
necessary.
Page 116
Item 10.
-1-
RESOLUTION 2024-088
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING LINDA COOKE AS AN ASSISTANT MUNICIPAL JUDGE
OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE
EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. The City Council has previously appointed Judge Brown, Judge Nieto and
Judge Simchowitz as Assistant Municipal Judges.
C. Because the current Assistant Municipal Judges also have other work
outside the City, there have still been multiple occasions where none of them were
available to provide backup coverage for Chief Judge Jill Hueser.
D. Chief Judge Hueser is therefore recommending that the City Council
appoint an additional Assistant Municipal Judge, Linda Cooke, as back-up for herself.
E. The City Council recognizes that Linda Cooke is a reputable and qualified
attorney, who is licensed to practice law in the state of Colorado, and wishes to appoint
Ms. Cooke to serve in such capacity on the recommendation of the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Linda Cooke is hereby appointed as Assistant Municipal Judge, for
a term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as
Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Ms. Cooke for serving in
this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement between the City and Linda Cooke in a form consistent with Exhibit “A”,
attached hereto and incorporated herein by reference, for the period of J uly 1, 2024,
through June 30, 2024, to effectuate the purposes of this Resolution.
Page 117
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 118
Item 10.
EXHIBIT A TO RESOLUTION 2024-088
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024 (Effective
Date”), by and between the City of Fort Collins, hereinafter referred to as the “City,” and Linda
Cooke, hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide their services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-088, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
Page 119
Item 10.
Linda Cooke, Esq. EXHIBIT A TO RESOLUTION 2024-088
Employment Agreement
July 2, 2024
Page 2 of 6
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Linda Cooke
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
Page 120
Item 10.
Linda Cooke, Esq. EXHIBIT A TO RESOLUTION 2024-088
Employment Agreement
July 2, 2024
Page 3 of 6
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
Page 121
Item 10.
Linda Cooke, Esq. EXHIBIT A TO RESOLUTION 2024-088
Employment Agreement
July 2, 2024
Page 4 of 6
8. Conflict Avoidance
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 122
Item 10.
Linda Cooke, Esq. EXHIBIT A TO RESOLUTION 2024-088
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By: _______________________________ _________________________
Jeni Arndt, Mayor _________________________
[Name/Title]
APPROVED AS TO FORM:
__________________________
Senior Assistant City Attorney
EMPLOYEE: APPROVED:
_________________________________ __________________________
Linda Cooke, Esq. Human Resources Executive
APPROVED:
__________________________
Chief Judge Jill A. Hueser
Page 123
Item 10.
Linda Cooke, Esq. EXHIBIT A TO RESOLUTION 2024-088
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge presides over the municipal court docket as needed when the
Chief Judge is unavailable or when two judges are necessary based on the size of the docket. The
Assistant Judge may preside over any type of docket or trial, including arraignments, pretrial
conferences, in-custody hearings, pretrial readiness hearings, show cause hearings, court trials,
jury trials, and any other hearing set on the docket; review and rule on motions and documents
relating to cases to which they are assigned or in which the Chief Judge has a conflict; and may
serve as the liquor authority or marijuana authority when the Chief Judge is unavailable.
The Assistant Municipal Judge conducts hearings/trials in an efficient and appropriate manner;
advises defendants of their rights, administers oath and affirmations, rules on admissibility of
evidence and methods of conducting testimony, examines evidence and interprets applicable law,
enforces orders, rules, and judgments in compliance with all applicable law; imposes fines and
sentences upon finding of guilty/liable or responsibility according to City Code, and state and
federal law; designs and implements appropriate and creative penalties; enforces penalties
consistently, according to City Code and Charter as well as state law; and protects and preserves
the court record to ensure that the City and defendants have a record on which to appeal, if
necessary.
Page 124
Item 10.
-1-
RESOLUTION 2024-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING JANA KASPAR AS AN ASSISTANT MUNICIPAL JUDGE
OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE
EXECUTION OF AN EMPLOYMENT AGREEMENT
A. Article VII of the City Charter provides that the City Council shall appoint the
judge or judges of the Municipal Court for two-year terms.
B. The City Council has previously appointed Judge Brown, Judge Nieto and
Judge Simchowitz as Assistant Municipal Judges.
C. Because the current Assistant Municipal Judges also have other work
outside the City, there have still been multiple occasions where none of them were
available to provide backup coverage for Chief Judge Jill Hueser.
D. Chief Judge Hueser is therefore recommending that the City Council
appoint an additional Assistant Municipal Judge, Jana Kaspar, as back-up for herself.
E. The City Council recognizes that Jana Kaspar is a reputable and qualified
attorney, who is licensed to practice law in the state of Colorado, and wishes to appoint
Ms. Kaspar to serve in such capacity on the recommendation of the Chief Judge.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Jana Kaspar is hereby appointed as Assistant Municipal Judge, for
a term beginning July 1, 2024, nunc pro tunc, and ending June 30, 2026, to serve as
Assistant Municipal Judge for the City as deemed necessary by the Chief Judge
Section 2. The compensation to be paid by the City to Ms. Kaspar for serving in
this capacity shall be at the rate of One Hundred Dollars ($100) per hour.
Section 3. The Mayor is hereby authorized to enter into an employment
agreement between the City and Jana Kaspar in a form consistent with Exhibit “A”,
attached hereto and incorporated herein by reference, for the period of J uly 1, 2024,
through June 30, 2024, to effectuate the purposes of this Resolution.
Page 125
Item 10.
-2-
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Ingrid Decker
Page 126
Item 10.
EXHIBIT A TO RESOLUTION 2024-089
EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of July, 2024 (Effective
Date”), by and between the City of Fort Collins, hereinafter referred to as the “City,” and Jana
Kaspar, hereinafter referred to as the “Employee,” pursuant to these terms and conditions:
WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal
Judge and the Employee wishes to provide their services to the City in that capacity; and
WHEREAS, pursuant to Resolution 2024-089, the City Council has approved the
appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter
into an Employment Agreement with the Employee; and
WHEREAS, the City and the Employee desire to provide for certain procedures, benefits,
and requirements regarding the employment of the Employee by the City; and
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
herein contained, the City and the Employee do hereby agree to the following:
1. Scope of Services
The City agrees to employ the Employee as Assistant Municipal Judge and the Employee
agrees to perform all functions and duties as specified in the job description attached hereto as
Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be
assigned. The Municipal Judge may also appoint, or unappoint, the Employee to serve as a
Municipal Court Referee. Such appointment is separate from Employee’s work under this
Agreement and is not governed by or subject to this Agreement.
2. Compensation
The Employee shall be compensated at the regular rate of One Hundred Dollars ($100.00)
per hour, less deductions and withholdings required by law, or authorized by City of Fort Collins
Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in
coordination with the Employee, shall maintain and submit to the City a time sheet showing all
hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of
receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair
Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible
for overtime pay.
3. Term of Employment
(a) The term of this Agreement shall be from July 1, 2024, to and including June 30,
2026. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior
to the expiration of its term.
Page 127
Item 10.
Jana Kaspar, Esq. EXHIBIT A TO RESOLUTION 2024-089
Employment Agreement
July 2, 2024
Page 2 of 6
(b) It is understood and agreed to by the Employee that upon termination of this
Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee
shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other
than as provided in Paragraphs 2 and 6 of this Agreement.
4. Early Termination
(a) Either party may terminate this Agreement at any time with or without cause prior
to the expiration of the term hereof by providing written notice of termination to the other party
at least fifteen (15) calendar days prior to the date of early termination. The City may, at its
discretion, provide the Employee with fifteen (15) calendar days' compensation at their regular rate
in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date
of deposit into the United States mail, postage prepaid, addressed as follows:
TO THE EMPLOYEE:
Jana Kaspar
At last known address on file with the Human Resources Department
TO THE CITY:
City of Fort Collins, Colorado
Chief Judge Jill A. Hueser
P.0. Box 580
Fort Collins, CO 80522
(b) The City has appropriated funds in the current fiscal year to meet the obligations
of this Agreement through the current fiscal year. This Agreement shall terminate at the end of
the City’s current fiscal year if the City does not, prior to the end of the current fiscal year,
appropriate funds for the subsequent fiscal year with which to meet its obligation under this
Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no
promise to continue to appropriate funds beyond the current fiscal year.
5. Insurance Coverage; Vacation, Holiday and Sick Leave
The Employee shall not be entitled to the medical insurance plans, dental insurance plans,
vision plan, life and accidental death and dismemberment insurance plans, long term disability plan,
an Employee Assistance Program, retirement or deferred compensation plans, or any other group
insurance plan or other benefits that may be offered to some other City employees. The Employee
shall not be entitled to paid vacation time, paid holiday time, paid short-term disability leave, or
any other sort of paid leave as may be available to some other City employees except that the
Employee is entitled to receive and use paid sick leave benefits provided to hourly City
employees as described in the City’s Personnel Policies and Procedures.
Page 128
Item 10.
Jana Kaspar, Esq. EXHIBIT A TO RESOLUTION 2024-089
Employment Agreement
July 2, 2024
Page 3 of 6
6. Applicability of Personnel Policies
(a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and
Procedures and the City Council-adopted Anti-Discrimination and Anti-Harassment Policy and
agrees that she shall comply with and be bound by all provisions that apply to contractual or City
Council-appointed employees. The Employee acknowledges that the City may in its sole discretion
amend, modify, supplement, rescind or otherwise change any and all policies and procedures in
the Personnel Policies and Procedures and the Anti-Discrimination and Anti-Harassment
Policy adopted by the City Council at any time.
(b) Although the City’s Personnel Policies and Procedures and the City Council-
adopted Anti-Discrimination and Anti-Harassment Policy contain examples of types of
disciplinary action including dismissal and examples of misconduct, it is understood and agreed by
the Employee that the City is not required to take any disciplinary action whatsoever or follow any
sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and
4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the
City may discontinue such action at any time and at no time waives its right to terminate this
Agreement pursuant to paragraphs 3 and 4 above.
(c) In the event that any applicable personnel policies set forth in the City’s Personnel
Policies and Procedures or the City Council-adopted Anti-Discrimination and Anti-Harassment
Policy are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement
shall be controlling.
7. Proprietary Rights
(a) The Employee will disclose to the City promptly all improvements, discoveries,
ideas, inventions, and information pertinent to the operation or functions of the City which the
Employee may develop either individually or in conjunction with others, or of which existence the
Employee may otherwise learn during the period of employment by the City.
(b) The Employee agrees that all products which she may develop during the
Employee's employment, whether individually or in conjunction with others, and all intermediate
and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like
created in connection therewith (collectively referred to as “Work Product”), and any formulae,
processes, logarithms, ideas and other information not generally known to the public, whether or
not protected by copyright, and developed or generated by the Employee in the course of the
Employee's employment hereunder, shall be the sole property of the City upon their creation or,
in the case of copyrightable works, fixation in a tangible medium of expression.
(c) The Employee hereby assigns to the City the sole and exclusive right, title and
interest in and to all Work Product, and all copies of such Work Product, without further
consideration. The Employee further acknowledges that the City shall retain ownership of and
the right to reproduce, market, license, or otherwise distribute any program or material produced by
the Employee under the terms of this Agreement.
Page 129
Item 10.
Jana Kaspar, Esq. EXHIBIT A TO RESOLUTION 2024-089
Employment Agreement
July 2, 2024
Page 4 of 6
8. Conflict Avoidance
The Employee agrees to carry out their duties and responsibilities as an Assistant
Municipal Judge in a way that does not interfere with their duty to serve as a fair and impartial
municipal judge, or that creates a conflict of interest or the appearance of a conflict of interest
that would interfere with the work of any lawyer or law firm that provides legal services to the
city, and further agrees that they will not work on any of the City’s litigation matters under the
auspices of their employment with any law practice.
9. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the rights
granted herein and the obligations assumed herein. Any oral representation or oral modification
concerning this Agreement shall be of no force or effect. Although the personnel policies set forth
in the City's Personnel Policies and Procedures and the City Council-approved Anti-
Discrimination and Anti-Harassment Policy may be amended, modified, supplemented or
rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified
only by a writing signed by the parties hereto. It is further understood and agreed by the Employee
that no representation, promise or other agreement not expressly contained herein has been made
to induce the execution of this Agreement, and that the terms of this Agreement are contractual and
not merely recitals.
10. Enforcement of Agreement; Attorneys' Fees and Costs
If any action is brought to enforce or interpret the terms of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which
it or she is entitled.
11. Severability
Should any provision, part or term of this Agreement be declared or determined by a court
of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and
enforceability of the remaining parts, terms and provisions should not be affected thereby and said
illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this
Agreement.
12. Binding Effect
This Agreement shall be binding upon the parties hereto and the heirs, successors and
assigns of each respectively. The City and the Employee freely and voluntarily enter into this
Agreement and have executed this Agreement having first read the same and intending to be bound.
Page 130
Item 10.
Jana Kaspar, Esq. EXHIBIT A TO RESOLUTION 2024-089
Employment Agreement
July 2, 2024
Page 5 of 6
CITY OF FORT COLLINS, COLORADO ATTEST:
a municipal corporation
By: _______________________________ _________________________
Jeni Arndt, Mayor _________________________
[Name/Title]
APPROVED AS TO FORM:
__________________________
Senior Assistant City Attorney
EMPLOYEE: APPROVED:
_________________________________ __________________________
Jana Kaspar, Esq. Human Resources Executive
APPROVED:
__________________________
Chief Judge Jill A. Hueser
Page 131
Item 10.
Jana Kaspar, Esq. EXHIBIT A TO RESOLUTION 2024-089
Employment Agreement
July 2, 2024
Page 6 of 6
EXHIBIT A
JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL
JUDGE
The Assistant Municipal Judge presides over the municipal court docket as needed when the
Chief Judge is unavailable or when two judges are necessary based on the size of the docket. The
Assistant Judge may preside over any type of docket or trial, including arraignments, pretrial
conferences, in-custody hearings, pretrial readiness hearings, show cause hearings, court trials,
jury trials, and any other hearing set on the docket; review and rule on motions and documents
relating to cases to which they are assigned or in which the Chief Judge has a conflict; and may
serve as the liquor authority or marijuana authority when the Chief Judge is unavailable.
The Assistant Municipal Judge conducts hearings/trials in an efficient and appropriate manner;
advises defendants of their rights, administers oath and affirmations, rules on admissibility of
evidence and methods of conducting testimony, examines evidence and interprets applicable law,
enforces orders, rules, and judgments in compliance with all applicable law; imposes fines and
sentences upon finding of guilty/liable or responsibility according to City Code, and state and
federal law; designs and implements appropriate and creative penalties; enforces penalties
consistently, according to City Code and Charter as well as state law; and protects and preserves
the court record to ensure that the City and defendants have a record on which to appeal, if
necessary.
Page 132
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Sylvia Tatman-Burruss, Senior Policy and Project Manager
Ginny Sawyer, Lead Policy and Project Manager
SUBJECT
Items Relating to Residential Occupancy Ordinance.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 081, 2024, Amending the Land Use Code of the City of Fort Collins
to Remove Residential Occupancy Limitations.
B. Second Reading of Ordinance No. 082, 2024, Amending the Code of the City of Fort Collins to Conform
with the Removal of Residential Occupancy Limitations from the Land Use Code.
These Ordinances, adopted on First Reading by a vote of 5-1 (Nays: Councilmember Ohlson, Absent:
Mayor Arndt), consider adoption of changes to the City’s Land Used Code and Municipal Code to comply
with House Bill 24-1007, which prohibits residential occupancy limits based on familial relationship.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
The current version of the City’s occupancy ordinance limits occupancy of residential dwellings to a family
of any size plus one additional unrelated occupant, or to no more than three unrelated occupants. Active
enforcement began in 2005 when violation of the ordinance was classified as a civil infraction.
The State legislature recently passed House Bill 24-1007, and it was signed into law by the Governor of
Colorado in April, with an effective date of July 1, 2024.
HB24-1007 Prohibits Residential Occupancy Limits Based on Familial Relationship
HB24-1007 limits the regulation of occupancy based “only on demonstrated health and safety standards,
such as International Building Code standards, fire code regulations, or Colorado Department of Public
Health and Environment Wastewater and Water Quality standards.”
In addition, the bill states that, “A local government shall not limit the number of people who may live
together in a single dwelling based on familial relationship.” The Bill states an effective date of July 1, 2024.
Page 133
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
City Compliance
Occupancy and related regulations are currently in both the Land Use Code and in the Municipal Code.
Staff is prepared to bring ordinances amending these in compliance with the July 1, 2024, compliance
deadline.
Proposed amendments to the Land Use Code include:
Replacing the word “family” with the word “unit” throughout the document.
Removing Occupancy section 3.8.16 and any references to that section of the document.
Removing references to Group Homes, associated requirements, and removing the definition from the
document.
Removing references to “Extra Occupancy.”
Proposed amendments to the Municipal Code include:
Section 5-264 related to Extra Occupancy in single-family, two-family or multi-family dwellings.
Section 5-265 related to disclosure and posting of maximum permissible occupancy.
Section 20-111 definition of “Dwelling unit occupancy limits” and reference to 3.8.16 in the Land Use
Code.
Sections 14-3, 14-6, and 14-8 of the Historic Preservation provisions to replace “family” with “unit” and
to update the dwelling unit definition to match the Land Use Code.
Sections 15-641, 15-644, 15-646, and 15-648 of the Short Term Rental provisions to replace “family”
with “unit” and to update the reference to the short term rental parking requirements in the Land Use
Code.
CITY FINANCIAL IMPACTS
No financial impacts to the City are anticipated as a result of these changes.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff presented the proposed changes to the Planning and Zoning Commission at their May work session.
Staff will again present the proposed changes, seeking a recommendation, at the June hearing on June
20, 2024.
PUBLIC OUTREACH
Staff have already begun auditing fcgov.com for references to occupancy which will need to be removed
and will add updated language and FAQs. Additional awareness efforts include:
Edits to City web pages to reflect changes related to HB24-1007.
Press release, social media posts and other City communications regarding the change to the
Occupancy regulations.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance A for Consideration
2. Ordinance B for Consideration
Page 134
Item 11.
-1-
ORDINANCE NO. 081, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE OF THE CITY OF FORT COLLINS
TO REMOVE RESIDENTIAL OCCUPANCY LIMITATIONS
A. Pursuant to Ordinance 055, 2024, Council adopted the revised Land Use
Code by reference which went into effect on May 27, 2024.
B. The Land Use Code contains certain residential occupancy limits based
upon familial relationships.
C. Colorado House Bill 24-1007, effective July 1, 2024, prohibits the City from
limiting who may live together in a single dwelling based on familial relationship.
D. In order for the City to comply with House Bill 24-1007, the existing Land
Use Code residential occupancy limits based upon familial relationships must be
amended as set forth in this Ordinance.
E. On June 20, 2024, the Planning and Zoning Commission on a unanimous
vote (6-0, Shepard absent) recommended that Council adopt the proposed changes set
forth in this Ordinance.
F. Concurrently by separate ordinance, City Code references to residential
occupancy limits based upon familial relationships are also being amended.
G. This Ordinance amends the Land Use Code which was adopted by
reference in Ordinance 055, 2024. However, the amendments contained in this
Ordinance are set forth in their entirety herein, rather than adopted by reference.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.1 RESIDENTIAL
DISTRICTS, Section 2.1.4, RL - Low Density Residential District, DEVELOPMENT
STANDARDS, BUILDING ENVELOPE, Building Height Table is hereby amended to read
as follows:
Page 135
Item 11.
-2-
Section 2. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.1, LMN – Low Density Mixed-Use Neighborhood District,
DEVELOPMENT STANDARDS, BUILDING MASS & SCALE, BUILDING MASS table,
Variation in Massing is hereby amended to read as follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single – or two-unit dwellings.
. . .
Section 3. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.2, MMN – Medium Density Mixed-Use Neighborhood District,
DEVELOPMENT STANDARDS, BUILDING MASS & SCALE , BUILDING MASS table,
Variation in Massing is hereby amended as follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single – or two-unit dwellings.
. . .
Section 4. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.3, HMN – High Density Mixed-Use Neighborhood District,
DEVELOPMENT STANDARDS, BUILDING MASS & SCALE, Building Mass table,
Variation in Massing is hereby amended to read as follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single – or two-unit dwellings.
Page 136
Item 11.
-3-
. . .
Section 5. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.2 MIXED-USE
DISTRICTS, Section 2.2.4, NC – Neighborhood Commercial District, DEVELOPMENT
STANDARDS, BLOCK STRUCTURE is hereby amended to read as follows:
. . .
BLOCK STRUCTURE
Each development within this District shall be developed as a series of complete blocks
bounded by public or private streets (see Section 5.3.2(E) for Multi-Unit Block
Requirements). Natural areas, irrigation ditches, high -voltage power lines, operating
railroad tracks and other similar substantial physical features may form up to two (2) sides
of a block.
. . .
Section 6. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.3 COMMERCIAL
DISTRICTS, Section 2.3.1, CC - Community Commercial District, DEVELOPMENT
STANDARDS, BLOCK STRUCTURE is hereby amended as follows:
. . .
BLOCK STRUCTURE
Each Community Commercial District and each development within this District shall be
developed as a series of complete blocks bounded by public or private stree ts (see
Section 5.3.2(E) for Multi-Unit Block Requirements). Natural areas, irrigation ditches,
high-voltage power lines, operating railroad tracks and other similar substantial physical
features may form up to two (2) sides of a block.
. . .
Section 7. ARTICLE 2 ZONE DISTRICTS, DIVISION 2.3 COMMERCIAL
DISTRICTS, Section 2.3.6, CL - Limited Commercial District, DEVELOPMENT
STANDARDS, BUILDING STANDARDS, Variation in Massing is hereby amended as
follows:
. . .
Variation in Massing includes:
. . .
Dividing large facades and walls into human-scaled proportions similar to the
adjacent single- or two-unit dwellings
Page 137
Item 11.
-4-
. . .
Section 8. ARTICLE 3 BUILDING TYPES, DIVISION 3.1 RESIDENTIAL
BUILDING TYPES, Section 3.1.2 Apartment Building, MASSING is hereby amended as
follows:
. . .
Dividing large façades and walls into human-scaled proportions similar to the
adjacent single- or two-unit dwellings shall not have repetitive, monotonous
undifferentiated wall planes.
. . .
Section 9. ARTICLE 4 USE STANDARDS, DIVISION 4.2 TABLE OF PRIMARY
USES is hereby amended to delete the references to Extra-Occupancy Houses and
Group Homes to read as follows:
. . .
Section 10. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.1 RESIDENTIAL USES, is hereby amended by the deletion of
Subparagraphs (C) and (F) and all remaining Subparagraphs renumbered as follows:
. . .
(C) Family Care Homes consist of one or more of the following:
. . .
Page 138
Item 11.
-5-
(D) Fraternity/Sorority Houses shall mean residences housing students attending an
accredited institution of higher learning within the City.
. . .
(E) Home Occupations
. . .
(F) Manufactured Housing
. . .
(G) Mixed Use Dwelling Unit
. . .
(H) Multi-Unit Dwelling Unit
. . .
(I) Single Unit Detached Dwelling
. . .
(J) Single Unit Attached Dwelling
. . .
(K) Shelter for victims of Domestic Violence
. . .
(L) Short Term Rentals
. . .
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(M) Two Unit Dwelling
. . .
(N) Secondary Uses
. . .
Section 11. ARTICLE 4 USE STANDARDS, DIVISION 4.3 ADDITIONAL USE
STANDARDS, Section 4.3.5 ACCESSORY/MISCELLANEOUS USES, subparagraph
(H)(1)(b) Wireless Communication is hereby amended to read as follows:
(H) WIRELESS COMMUNICATION
(1) Applicability and Exemptions. The provisions of this Section shall apply to
any Wireless Communications Facility (WCF) within the City. The requirements
set forth in this Section shall not apply to:
. . .
(b) Television or radio antennas. Those antennas, including over the air
reception devices, located on single unit dwellings or duplexes, not
exceeding one (1) meter in diameter and less than five (5) feet above
the highest point of the existing principal structure, or for ground
mounted antennas, the requirement that the height be no more than the
distance from its base to the property line or the maximum height
specified for accessory structures for that zone district, whichever is
less. The Director has the authority to approve modifications to the
height restriction related to over the air reception device antennas and
antenna structures, if in the reasonable discretion of the City,
modifications are necessary to comply with federal law.
. . .
Section 12. ARTICLE 5 General Development and Site Design, TABLE OF
CONTENTS, DIVISION 5.14 OCCUPANCY LIMITS is hereby amended to read as
follows:
DIVISION 5.14 RESERVED
Section 13. ARTICLE 5 General Development and Site Design , DIVISION 5.2
AFFORDABLE HOUSING, Section 5.2.1 AFFORDABLE HOUSING is hereby amended
to read as follows:
5.2.1 AFFORDABLE HOUSING
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. . .
(B) Applicability. This Section shall apply to the following development projects:
. . .
(3) Section 5.2 does not apply to dormitories, medical facilities, hotels, motels,
shelters, tents, short-term rentals or other structures designed or used primarily
for temporary occupancy and/or group living.
. . .
Section 14. Use Categories “Group Homes” and “Extra Occupancy” contained in
the table in ARTICLE 5 General Development and Site Design, DIVISION 5.9 BUILDING
PLACEMENT AND SITE DESIGN, Section 5.9.1(C)(4)(c) are hereby deleted.
Section 15. ARTICLE 5 General Development and Site Design, DIVISION 5.9
BUILDING PLACEMENT AND SITE DESIGN, Section 5.9.1(D)(2) is hereby amended to
read as follows:
5.9.1 ACCESS, CIRCULATION AND PARKING
. . .
(D) Access and Parking Lot Requirements. All vehicular use areas in any proposed
development shall be designed to be safe efficient, convenient and attractive,
considering use by all modes of transportation that will use the system, (including,
without limitation, cars, trucks, buses, bicycles and emergency vehicles).
. . .
(2) Access. Unobstructed vehicular access to and from a public street shall be
provided for all off-street parking spaces. Vehicular access shall be provided in such
manner as to protect the safety of persons using such access or traveling in the public
street from which such access is obtained and, in such manner, as to protect the
traffic-carrying capacity of the public street from which such access is obtained.
Notwithstanding the forgoing required off-street parking for an ADU use is allowed one
(1) tandem space to count towards minimum parking requirement.
. . .
Section 16. ARTICLE 5 General Development and Site Design, DIVISION 5.9
BUILDING PLACEMENT AND SITE DESIGN, Section 5.9.1(K)(1) is hereby amended by
the deletion of subparagraph (h) Group Homes and subparagraph (l) Extra Occupancy
and all subparagraphs being renumbered accordingly:
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Item 11.
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5.9.1 ACCESS, CIRCULATION AND PARKING
. . .
(K) Parking Lots – Required of Off-Street Spaces for Type of Use.
(1) Residential and Institutional Parking Requirements. Residential and
institutional uses shall provide a minimum number of parking spaces as defined by
the standards below:
. . .
(h) Recreational Uses.
. . .
(i) Schools, Places of Worship or Assembly and Child Care Centers.
. . .
(j) Small Scale Reception Centers in the UE, Urban Estate District.
. . .
(k) Short Term non-primary rentals and short term primary rentals.
. . .
Section 17. ARTICLE 5 General Development and Site Design, DIVISION 5.14
OCCUPANCY LIMITS is hereby deleted in its entirety and replaced with the following:
DIVISION 5.14 RESERVED
Section 18. ARTICLE 5 General Development and Site Design, DIVISION 5.16
SIGNS, Section 15.16.2 PERMANENT SIGNS, Section 5.16.2(D) Projecting Signs is
hereby amended to read as follows:
DIVISION 5.16 SIGNS
. . .
15.16.2 PERMANENT SIGNS
. . .
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(D) Projecting Signs. Projecting signs include awning signs, marquee signs, under-
canopy signs, and fin signs. Projecting signs are allowed according to the
standards in Table (D), Projecting Signs. Projecting signs shall not extend into
the public right-of-way, except that the City may grant a revocable license to allow
projecting signs to encroach into the right-of-way.
Table (D)
Projecting Signs
Type of
Sign
Standards
Sign District
Outside of Residential Neighborhood Sign District1
Downtown Commerical/
Industrial
Mixed-Use Multi-Unit Single-Unit Within
Residential
Neighborhood
Sign District1
. . .
Fin Signs (Primary)
Max. # 1 per street
frontage per
nonresidential
mixed-use, or
multi-unit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multi-unit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multi-unit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multi-unit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multi-unit
building.
1 per street
frontage per
nonresidential
mixed-use, or
multi-unit
building.
Subject to
Sign Area
Allowance
Yes.
Yes.
Yes, but only
for
nonresidential,
mixed-use, or
multi-unit
buildings.
Yes, but only
for
nonresidential,
mixed-use, or
multi-unit
buildings.
Yes, but only
for
nonresidential,
mixed-use, or
multi-unit
buildings.
Yes.
. . .
. . .
Section 19. Article 5 General Development and Site Design, DIVISION 5.16
SIGNS, Section 15.16.2 PERMANENT SIGNS, Section 5.16.2(G) Freestanding
Permanent Signs is hereby amended to read as follows:
DIVISION 5.16 SIGNS
. . .
15.16.2 PERMANENT SIGNS
. . .
(G) Freestanding Permanent Signs. Detached permanent signs are allowed according
to the standards in Table (G)(1), Freestanding Permanent Signs.
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Table (G)(1)
Freestanding Permanent Signs
Sign District
Outside of Residential Neighborhood Sign District1
Type of
Sign
Standa
rds
Downtown Commercial/
Industrial
Mixed-Use Multi-Unit Single-Unit Within
Residential
Neighborhood
Sign District1
Primary Detached Signs
Max. # 1 per frontage1 1 per frontage1 1 per frontage
for
nonresidential,
mixed-use, or
multi-unit
property.1
1 per site for
nonresidential,
mixed-use, or
multi-unit
uses1; 1 per
site for single-
unit detached
or duplex if the
lot fronts on an
arterial; 2 per
public
vehicular entry
into residential
subdivision or
multi-unit site
(one single
face sign on
each side of
entry).
1 per site for
nonresidential,
mixed-use, or
multi-unit
uses1; 1 per
site for single-
unit detached
or duplex if the
lot fronts on an
arterial; 2 per
public
vehicular entry
into residential
subdivision or
multi-unit site
(one single
face sign on
each side of
entry).
1 per site for
nonresidential,
mixed-use, or
multi-unit uses1;
2 per public
vehicular entry
into residential
subdivision or
multi-unit site
(one single face
sign on each
side of entry).
. . .
Secondary Detached Signs
Max. # 1 per vehicular
access point to
nonresidential,
mixed-use, or
multi-unit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multi-unit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multi-unit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multi-unit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multi-unit
property.
1 per vehicular
access point to
nonresidential,
mixed-use, or
multi-unit
property.
. . .
. . .
Section 20. Article 6, ADMINISTRATION and PROCEDURE, DIVISION 6.3
COMMON DEVELOPMENT REVIEW PROCEDURES FOR DEVELOPMENT
APPLICATIONS, Section 6.3.6 STEP 6: NOTICE, subparagraph (D) Supplemental
Notice Requirements is hereby amended to read as follows:
DIVISION 6.3 COMMON DEVELOPMENT REVIEW PROCEDURES FOR
DEVELOPMENT APPLICATIONS
. . .
6.3.6 STEP 6: NOTICE
. . .
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Item 11.
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(D) Supplemental Notice Requirements. The following table indicates the required
notice radius for a mailed notice and posted sign size for development applications.
Development Project Minimum Notice Radius Sign Size
. . .
Developments proposing more
than fifty (50) and less than one
hundred (100) single unit or two-
unit lots or dwelling units.
800 feet 12 square feet
Developments proposing more
than twenty-five (25) and less
than one hundred (100) multi-unit
dwelling units.
800 feet 12 square feet
. . .
Developments proposing one
hundred (100) or more single-unit
or two-unit lots or dwelling units.
1,000 feet 12 square feet
Developments proposing one
hundred (100) or more multi-unit
dwelling units.
1,000 feet 12 square feet
. . .
. . .
Section 21. Article 6, ADMINISTRATION and PROCEDURE, DIVISION 6.22
EXPANSIONS AND ENLARGEMENTS OF EXISTING BUILDINGS, Section 6.22.1(C)
Expansions and Enlargements of Single-Family Dwellings, Two-Family Dwellings and
Accessory Buildings is hereby amended to read as follows:
DIVISION 6.22 EXPANSIONS AND ENLARGEMENTS OF EXISTING BUILDINGS
6.22.1 EXPANSIONS AND ENLARGEMENTS OF EXISTING BUILDINGS
. . .
(C) Expansions and Enlargements of Single-Unit Dwellings, Two-Unit
Dwellings and Accessory Buildings. Any proposal for the enlargement or
expansion of a single-unit dwelling, two-unit dwelling or accessory building
shall be subject to Building Permit review in accordance with standards of this
code.
Section 22. ARTICLE 7 RULES OF MEASUREMENT and DEFINITIONS,
DIVISION 7.2 DEFINITION, SECTION 7.2.2 DEFINITIONS is hereby amended by the
deletion of the definitions of “Extra occupancy”, “Family”, and “Group home”.
Section 23. ARTICLE 7 RULES OF MEASUREMENT and DEFINITIONS,
DIVISION 7.2 DEFINITION, SECTION 7.2.2 DEFINITIONS is hereby amended to read
as follows:
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Item 11.
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. . .
DIVISION 7.2 DEFINITION
. . .
SECTION 7.2.2. DEFINITIONS.
. . .
Occupant shall mean a person who occupies habitable space in a dwelling unit or any
portion thereof.
. . .
Site specific development plan shall mean and be limited to a final plan as approved
pursuant to this Land Use Code, including a plan approved pursuant to basic
development review; or, under prior law in effect on the day before the effective date of
this Land Use Code, any of the following: the final plan; the final subdivision plat; a
minor subdivision plat; cluster development plans; a PUD Comprehensive Plan for the
purpose of acquiring a vested property right with respect to uses, densities, development
standards and engineering standards for which variances have been granted pursuant to
Section 2.6.3(K); and a development agreement in connection with a PUD
Comprehensive Plan that grants a vested property right for a period exceeding three (3)
years, in addition, a site specific development plan shall mean a final plan or plat that was
approved by Larimer County for property that, at the time of approval, was located in the
county but has been subsequently annexed into the city. All references to districts or
sections herein pertain to the law in effect on the day before the effective date of this Land
Use Code and which is repealed by the adoption of this Land Use Code.
. . .
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Introduced, considered favorably on first reading on June 18, 2024, and approved
on second reading for final passage on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 12, 2024
Approving Attorney: Brad Yatabe
Page 147
Item 11.
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ORDINANCE NO. 082, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
CONFORM WITH THE REMOVAL OF RESIDENTIAL
OCCUPANCY LIMITATIONS FROM THE LAND USE CODE
A. Pursuant to Ordinance No. 055, 2024, Council adopted the revised Land
Use Code by reference which went into effect on May 27, 2024.
B. The Land Use Code contains certain residential occupancy limits based
upon familial relationships.
C. Colorado House Bill 24-1007, effective July 1, 2024, prohibits the City from
limiting who may live together in a single dwelling based on familial relationship.
D. In order for the City to comply with House Bill 24-1007, City Code references
to residential occupancy limits based on familial relationships must be amended as set
forth in this Ordinance.
E. Concurrently by separate ordinance, Land Use Code references to
residential occupancy limits based upon familial relationships are also being amended.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 5-264 of the Code of the City of Fort Collins is hereby deleted
in its entirety and held in reserve.
Sec. 5-264. - Reserved.
Section 2. Section 5-265 of the Code of the City of Fort Collins is hereby deleted
in its entirety and held in reserve.
Sec. 5-265. - Reserved.
Section 3. Section 14-3 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 14-3. - Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this Section:
. . .
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Item 11.
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Dwelling, single-unit shall mean a dwelling containing no more than one (1) dwelling unit.
Dwelling, single-unit detached shall mean a single-unit dwelling that is not attached to
any other dwelling or building by any means, including mobile homes and manufactured
housing situated on a permanent foundation.
Dwelling unit shall mean habitable floor space intended for the exclusive use of a single
household with a single kitchen, or including a second kitchen pursuant to Land Use Code
Section 5.3.6.
. . .
Section 4. Section 14-6 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 14-6. - Offenses against historic resources and potentially eligible resources.
(a) Except as may be authorized pursuant to this Chapter or the provisions of the Land
Use Code, no person shall damage, deface, destroy, or otherwise cause any alteration
to be made to any site, structure or object that is: (1) Fifty (50) years of age or older that
is not a single-unit detached dwelling; (2) An accessory building or structure fifty (50 )
years of age or older that is not directly associated with a single -unit detached dwelling;
(3) A historic resource; or (4) Undergoing any of the processes provided for in this
Chapter.
(b) Except in response to a bona fide determination of imminent danger under § 14-8
of this Article, no person shall deviate from or fail to comply with any approved plan of
protection for any historic resource that is required under this Chapter or the Land Use
Code.
Section 5. Section 14-8 of the Code of the City of Fort Colins is hereby amended
to read as follows:
Sec. 14-8. - Remedying of dangerous conditions.
In any case where a properly authorized public official or employee orders the demolition
of any historic resource for the purpose of remedying conditions determined by that official
or employee to constitute an imminent danger, as such term is defined in the version of
the International Property Maintenance Code adopted and amended by the City, to life,
health or property, nothing contained herein shall be construed as making it unlawful for
any person to comply with such order. Such official or employee shall take immediate
steps to notify the Commission of the proposed issuance of such order and may include
in the order any timely received requirements or recommendations of the Commission or
staff. In the event that such official or employee has determined that the historic resource,
with the exception of single-unit detached dwellings, and accessory buildings or
structures associated with single-unit detached dwellings, that are non-designated, is
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Item 11.
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capable of being made safe by repairs and need not be demolished, the historic resource
shall be repaired, or demolished, in accordance with the provisions of this Article.
Section 6. Section 15-641 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-641. - Definitions.
The following definitions shall apply to this Article:
. . .
Multi-unit dwelling unit shall mean a dwelling unit that is located in a structure that is zoned
for multi-unit dwelling use.
. . .
Section 7. Section 15-644 of the Code of the City of Fort Collins is hereby
amended to read as follows:
(a) The following are the minimum requirements that must be satisfied by the applicant
for the issuance of a short term primary rental license.
. . .
(3) The dwelling unit must comply with all applicable federal, state, and local laws
including, but not limited to, the Code of the City of Fort Collins and Land Use
Code, and in particular, Land Use Code Section 5.9.1(K)(1)(k) which sets forth
applicable parking requirements.
. . .
(b) The following are the minimum requirements that must be satisfied by the applicant
for the issuance of a short term non-primary rental license.
. . .
(3) The dwelling unit must comply with all applicable federal, state, and local laws
including, but not limited to, the Code of the City of Fort Collins and Land Use
Code, and in particular, Land Use Code Section 5.9.1(K)(1)(k) which sets forth
applicable parking requirements.
. . .
Section 8. Section 15-646 of the Code of the City of Fort Collins is hereby
amended to read as follows:
. . .
(b) In addition to satisfying (a) above, the applicant must satisfy the requirements set
forth in § 15-644 in order to be eligible for a license. License applications submitted
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Item 11.
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pursuant to this Section on or before October 31, 2017, do not need to comply with
the parking requirements in Land Use Code Section 5.9.1(K)(1)(k).
. . .
(e) Should ownership of a dwelling unit licensed pursuant to § 15 -646 be transferred,
and such license was continuously valid until the transfer of ownership, the new
owner is eligible for a license identical in scope to the previously issued license
provided: (1) the new owner applies for a license within thirty (30) calendar days of
the transfer of ownership; (2) the dwelling unit complies with the parking requirements
in Land Use Code Section 5.9.1(K)(1)(k); and (3) any license issued pursuant to §
15-646 is continuously maintained. Should a license issued to the new owner under
this Section be revoked, not be renewed, or lapse for any period of time, the new
owner shall no longer be eligible for a license for such dwelling unit pursuant to this
Section.
. . .
Section 9. Section 15-647 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-647. - Term of license and renewal.
. . .
(d) A short term primary or non-primary rental shall only operate in a multi-unit dwelling
unit if the entire multi-unit structure meets all sanitation, mechanical, electrical, structural,
and fire safety requirements applicable to an R-1 Occupancy Building.
(e) A short term primary or non-primary rental licensed prior to September 13, 2019,
that operates in a multi-unit dwelling unit may continue to operate under and for the
current terms of such license if it meets the requirements in § 15 -648(4) and continues to
comply with all other applicable requirements, and if the license has not lapsed for more
than thirty (30) days.
If the owner of a short term primary or non-primary rental operating in a multi-unit dwelling
unit that is licensed prior to September 13, 201 9, sells or otherwise transfers the multi-
unit dwelling unit, then the short term rental license shall expire at the time of sale or
transfer unless the entire multi-unit structure where the multi-unit dwelling unit is located
meets the R-1 Occupancy Building requirements in this § 15-647.
Section 10. Section 15-648 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-648. License regulations.
. . .
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Item 11.
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(3) The licensee shall comply with all applicable Code of the City of Fort Collins
and Land Use Code provisions including, but not limited to, the Code of the City of
Fort Collins Chapter 5, Buildings and Building Regulations, and the Code of the
City of Fort Collins Chapter 20, Nuisances, Chapter 25, Taxation, and Land Use
Code Section 5.9.1(K)(1)(k).
(4) The licensee shall maintain compliance with all sanitation, mechanical,
electrical, structural, and fire safety requirements described in § 15 -644. As a
condition of renewal for the year 2020 and subsequent years, a short term primary
or non-primary rental licensed in a multi-unit dwelling unit prior to September 13,
2019, may only continue to operate as a short term rental if the Building Official
determines that the dwelling unit meets the following alternate minimum fire
resistance and safety requirements applicable to an R-1 Occupancy, as those
terms are defined by the International Building Code:
. . .
Section 11. Section 20-111 of the Code of the City of Fort Collins is hereby
amended by deleting Paragraph (8) in the definition of Nuisance activity and holding that
Paragraph number in reserve.
Sec. 20-111. – Definitions.
. . .
Nuisance activity means any of the following violations and nuisances occurring or
existing on a property and committed by any person, including, without limitation, by an
owner, lessee, agent, occupant, or trespasser:
. . .
(8) Reserved.
. . .
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Introduced, considered favorably on first reading on June 18, 2024, and approved
on second reading for final passage on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 12, 2024
Approving Attorney: Brad Yatabe
Page 153
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Heather Walls, Deputy City Clerk
Rupa Venkatesh, Assistant City Manager
SUBJECT
Items Relating to a City Initiated Charter Amendment Relating to Elections.
EXECUTIVE SUMMARY
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 094, 2024, Submitting to a Vote of the Registered Electors of the City
of Fort Collins Proposed Amendments to Article VIII of the City Charter Relating to Elections.
The purpose of this item is to set ballot language regarding proposed amendments to Article VIII of the
City Charter relating to election provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024, at noon.
Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related
Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins Charter is the governing document that defines the City organization and the
powers and functions of the City. The Charter can only be amended by a vote of the people and was first
created by a vote in 1954. Over time, Charter provisions may become obsolete, contradictory, or desired
to be changed to address current needs or trends. From time to time, the City submits Charter revisions,
both large and small, to the voters for approval. If Council votes to adopt the proposed charter
amendments, they will be placed on the November 5, 2024, ballot.
Election Code Committee met several times during 2024 to receive information and consider potential City
Charter amendment proposals related to the election and petition processes that are governed by the
Charter. The revisions outlined below relating to the election provisions in Article VIII are requested by the
City Clerk’s Office to address ambiguities, inconsistencies, and process complexity. The Committee
expressed support for these changes, which also include language modernization such as gender inclusive
language and substituting active and direct terminology.
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
In addition to modernizing language, staff proposes to revise the timeframe for a candidate to qualify
from 60 days (2 months) to 30 business days (6 weeks) after certification of election has been issued.
Shortening the time frame will ensure the candidate has qualified prior to them being sworn in on the
second Wednesday in January.
A computation of time section has been added to this Article. This clarifies how deadlines are affected
by holidays, weekends, and emergency closures, which currently is an issue that can cause confusion
and disagreement. When the overall Charter update process is completed, we anticipate that a general
time computation provision will be added for the Charter overall and the time computation provision in
this Article will be removed.
o Deadlines for actions to be taken by the City are stated in “business days” in increments of five,
except where particulars dictate otherwise.
o Deadlines for actions to be taken by the public are stated in “days” (defined to mean calendar
days) in increments of seven, except where particulars dictate otherwise.
o Deadlines will be at the end of the regular business day.
o Generally, the deadline will shift forward to the first business day where a deadline falls on a
weekend, holiday, or emergency closure day.
o Where a requirement is stated as “no later than” or “at least X days before”, the deadline will
shift to the closest earlier business day.
o Many of the timing provisions are slightly modified to reflect this shift to make more consistent
how timeframes will run in these processes.
CITY FINANCIAL IMPACTS
There is no direct financial impact by these Charter amendments however with the provisions relating to
scheduling of elections, the City may see a decrease in costs when the election is coordinated with the
County.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Election Code Committee unanimously supported the proposed Charter amendments.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Memo to Council, June 20, 2024
3. Presentation
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Item 12.
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ORDINANCE NO. 094, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS PROPOSED CHARTER
AMENDMENT NO. 1, AMENDING ARTICLE VIII OF THE CITY
CHARTER RELATING TO ELECTIONS
A. The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City. The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B. Over time, Charter provisions may become obsolete, contradictory, or
warrant change to address current needs or trends.
C. Article IV, Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31-
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the City Council submitting a proposed amendment to a vote of the registered electors
of the City.
D. The Council’s Election Code Committee met several times during 2024 to
receive information and consider potential City Charter amendment proposals related to
the election and petition processes that are governed by the Charter. Article VIII of the
Charter governs the City’s processes for elections generally.
E. The proposed amendments to Article VIII include the following:
1. Clarify the usage of the term “shall” by replacing with “will,” “must” or other
appropriate language;
2. modernize the language to be more inclusive by removing he/she language;
3. remove requirement that Chief Deputy City Clerk serve on the Board of
Election and allow the City Clerk to designate the lead election expert;
4. eliminate vague language for challenging nominations and qualifications of
candidates (substituting the Municipal Election Code process); and
5. add rules for computation of time and add consistent deadline timeframes .
F. The Election Code Committee considered and supported similar revisions to
Article IX, regarding recall, and Article X, regarding initiative and referendum, which are
also under consideration by the Council.
G. The Council finds that these proposed revisions to Article VII I of the City
Charter, regarding City elections generally, update, simplify and improve these provisions
and are for the benefit of the people of Fort Collins, and the Council desires to present
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Item 12.
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the amendments to Article VIII set forth below to the voters for approval at the November
5, 2024, special municipal election.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following proposed changes to Article VIII of the Charter of
the City of Fort Collins shall be submitted to the registered electors of the City as
“Proposed Charter Amendment No. 1” at the special municipal election to be held on
Tuesday, November 5, 2024:
ARTICLE VIII. ELECTIONS
Section 1. Applicability of state constitution.
The Council shallwill provide by ordinance for the manner of holding city elections. All
ordinances regarding elections shallmust be consistent with the provisions of this Charter
and the state Constitution. For Aany matter regarding elections not covered by the state
Constitution, this Charter or ordinance of the Council shallwill be governed by the laws of
the State of Colorado relating to municipal elections, or coordinated municipal elections,
as applicable.
Section 2. City elections.
A regular city election shallwill be held on the first Tuesday in November of every odd -
numbered year. All other municipal elections shallwill be known as special city elections
and shallwill be called by ordinance and shallmust be held in accordance with the
provisions of this Charter and any ordinances adopted pursuant thereto. All municipal
elections shallmust be nonpartisan.
In order to implement a change of regular city elections from April of each odd-numbered
year to November of each odd-numbered year, the term of the Mayor and each
Councilmember shallwill be extended to such time as a successor elected in November
of the appropriate odd-numbered year (consistent with Article II, Section 1(b)) takes office,
unless otherwise ended due to an event of vacancy or recall. Such change in term length
shallwill have no effect on the number of terms any such officer may be elected under the
applicable term limits.
Section 3. Nomination; withdrawal from nomination.
Any person who is qualified at the time of nomination for the office to be filled may be
nominated for the elective office by petition. A nominating petition for the office of Mayor
shallmust be signed by not less than twenty-five (25) registered electors. A nominating
petition for District Council office shallmust be signed by not less than twenty-five (25)
registered electors residing in that District. A registered elector may sign one (1) petition
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for each office for which the elector is entitled to vote at the election. If an elector should
sign more petitions than entitled, said elector's signature shallwill be void as to all petitions
which the elector signed.
Nominating petitions must be filed with the City Clerk. The Council shallwill enact an
ordinance specifying the time frame for circulation and submittal of nominating petitions
and the deadline for withdrawal from candidacy for municipal office. Such time frame
shallmust not be changed within one hundred eighty (180) days immediately prior to the
election. No nominating petition shallmay be accepted unless the candidate completes a
verified acceptance of the nomination certifying that he or shethey are not a candidate,
directly or indirectly, of any political party, and that he or shethey meets the qualifications
for office and will serve if elected.
A person who has been nominated may withdraw from candidacy by filing a written
request to do so with the City Clerk before the deadline established by Council ordinance
for such withdrawal, and no name so withdrawn shallmay be placed upon the ballot.
Section 4. Petitions.
(a) Form; circulation. The Council shallwill prescribe by ordinance, upon
recommendation of the City Clerk, the form for a nominating petition which shallmust
include such warnings and notices to signers as may be deemed appropriate by the
Council, as well as the candidate's verified acceptance of nomination. The signatures on
a nominating petition need not all be subscribed on one (1) page, but to each separat e
section of the petition there shallwill be attached a signed statement of the circulator
thereof, stating the number of signers on that section of the petition, and that each
signature thereon was made in the circulator's presence and is the genuine sign ature of
the person whose name it purports to be. When executed, such statement shallmust be
accepted as true until it shallmay be proved false. If any portion is proved false, that
portion of any petition shallmust be disregarded. Following each signature on the petition
of nomination shallmust be written the printed name and the residence address of the
signer, and the date of signing. All nominating papers comprising a petition shallmust be
filed as one (1) instrument.
(b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shallwill
forthwith examine the petition, and within five (5) business days after the filing of the
petition, notify the candidate in writing of the results of the examination, specifying the
particulars of insufficiency, if any. Within the regular time for filing petitions, an insufficient
petition may be amended and filed again as a new petition, in which case the time of the
first filing shallwill be disregarded in determining the validity of signatures t hereon, or a
different petition may be filed for the same candidate. The petition for each candidate
elected to office shallmust be preserved by the City Clerk until the expiration of the terms
of office for such person.
(c) No person shallmay receive any compensation whatever for signing a nominating
petition.
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(d) The City adopts the applicable requirements and procedures outlined in the
Colorado Municipal Election Code of 1965, as amended, for objections to officer
nominations.
Section 5. Board of Elections for City-administered elections.
There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputythe
lead election expert in the City Clerk’s Office, as determined by the City Clerk, and Chief
Judge. The Board shallwill be responsible for any election duties specified in this Charter
and for such additional duties related to the conduct of elections by the City as may be
established by the Council by ordinance.
Section 6. Appearance of names on ballot.
Every ballot shallmust contain the names of all duly nominated candidates for offices to
be voted for at that election, except those who have died or withdrawn. The names
shallwill be arranged in alphabetical order of surname for each office, and shallmay not
contain any title or degree designating the business or profession of the candidate. The
candidate's name may be a nickname, but shallmay not include any punctuation marks
setting out the nickname.
Section 7. Certification of election results.
(a) No later than the date specified by Council by ordinance and, after verifying the total
number of legal votes cast for each candidate and measure voted upon, the Board of
Elections shallmust complete a certificate declaring the results of the election. The
candidate receiving the highest number of votes for a particular office, as determined
pursuant to this Section 7, shallwill be declared elected to that office. In event of a tie, the
selection shallwill be made by the Board of Elections by lot after notice to the candidates
affected. The City adopts the applicable requirements and procedures outlined in the
Colorado Municipal Election Code of 1965, as amended, for contests to officers declared
duly elected. In case the candidate elected fails to qualify within sixty (60) days is
disqualified by court order after the date of issuance of the certificate of election,
tabulation of results in that contest shall be rerun with the disqualified candidate being
eliminated prior to any tabulation and the candidate with the resulting highest vote shall
be elected, and the candidate failing to qualify shall forfeit his or her office whether or not
such candidate has taken the oath of office. If there is no other elected successor who
qualifies or if the vote tabulation can no longer be rerun, the office shallwill be deemed
vacant, and shallwill be filled by appointment by the remaining members of the council,
as provided in Article II, Section 18. In the event of a mandatory recount or recount by
request in a City-administered election, the Board of Elections shallmust complete an
amended certificate declaring the results of the election by no later than the fifth dayfive
(5) business days after the completion of the recount.
(b) For coordinated city elections (which are not administered by the City), the election
shallwill be determined and certified, and any tie vote or recount shallwill be administered,
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as provided in the applicable state law. The candidate receiving the highest number of
votes for a particular office, as determined pursuant to Section 7(c), shallwill be declared
elected to that office.
(c) Ranked voting methods. Beginning in 2025, the candidate receiving the highest
number of votes for a particular office will be determined using a ranked voting method.
(1) For a City-administered election, the ranked voting method will be in
accordance with specifications adopted by the City Council by ordinance.
(2) For a coordinated election, the ranked voting method will be in accordance
with, and as provided by, applicable state law.
Section 8. Campaign contributions.
The Council shallwill act by ordinance to establish a limit on the amount that any person
or entity may contribute in support of a candidate for Council on the ballot at any city
election.
No political party or city employee, directly or indirectly, and no public service corporation,
nor any other person, firm or corporation, owning, interested in, or intending to apply for
any franchise or contract with the city shallmay contribute or expend any money or other
valuable thing, directly or indirectly, to assist in the election or defeat of any candidate.
Section 9. Corrupt practices.
Any person who violates at a city election any state law, provision of this Charter or
ordinance of the city shallwill, upon conviction thereof, be disqualified from holding any
city position or employment for two (2) years, or any elective city office for four (4) years.
Section 10. Validity of City-administered elections.
No City-administered election may be invalidated if it has been conducted fairly and in
substantial conformity with the requirements of this Charter.
Section 11. Computation of time.
(a) Except when business days are specified, all computations of time made under the
provisions of this article will be based on calendar days.
(b) Except when computing business days, Saturdays, Sundays, City holidays and days
City Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances will be included, but, if the time for any act to be done or the
last day of any period is a Saturday, Sunday, City holiday or day City Hall is closed for
business for a full or partial day due to inclement weather or other emergency
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circumstances, the period is extended to include the next day that is not a Saturday,
Sunday, or City holiday.
(c) In computing time for any act to be done before any regular or special election, the
first day will be included, and the last or election day will be excluded.
(d) If the time for an act to be done under this article is referred to in business days, t he
time will be computed by excluding Saturdays, Sundays, City holidays, and any day City
Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances.
(e) If a provision requires doing an act in "not less than" or "no later than" or "at least" a
certain number of days or "prior to" a certain number of days or a certain number of
months "before" the date of an election, or any phrase that suggests a similar meaning,
if that period would end on a Saturda y, Sunday or City holiday, it will instead shift to end
on the prior business day that is not a Saturday, Sunday, or City holiday. If the period
ends on a day City Hall is closed for business for a full or partial day due to inclement
weather or other emergency circumstances, the period will end on the next business day
on which City Hall is open for business.
(f) Except when otherwise specified, an act must be completed by 5:00 p.m. Mountain
time on the last day for that action.
Section 112. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent
with this Charter and the Colorado Constitution in order to carry out the provisions of this
Article.
Section 2. That the following ballot title and submission clause are hereby
adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 1
Shall Article VII of the Charter of the City of Fort Collins, regarding City
elections, be amended to:
Clarify the usage of the term “shall” by replacing with “will,” “must” or other
appropriate language;
modernize the language to be more inclusive by removing he/she language;
remove requirement that Chief Deputy City Clerk serve on the Board of Election
and allow the City Clerk to designate the lead election expert ;
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eliminate vague language for challenging nominations and qualifications of
candidates (substituting the Municipal Election Code process); and
add rules for computation of time and consistent deadline timeframes?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Carrie Daggett
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Carrie Daggett, City Attorney
Delynn Coldiron, City Clerk
Proposed
Election Charter
Amendments
July 2, 2024
1
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Item 12.
Headline Copy Goes HereELECTION CODE COMMITTEE
Council Members:
•Councilmember Canonico (Chair)
•Mayor Arndt
•Councilmember Pignataro
Team:
•City Manager’s Office
•City Attorney’s Office
•City Clerk’s Office
•Term:
•Met from March 27, 2024 to May 29, 2024
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3
Charter Amendments Overview
Proposed Ballot Questions
1.Amend Charter Article VIII, regarding Elections in general
2.Repeal and Reenact Article IX, regarding Recall
3.Repeal and Reenact Article X, regarding Initiative and Referendum
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Headline Copy Goes HereElection Related Articles
Article VIII –Elections
•General provisions related to Elections
Article IX -Recall
•Guides process to recall a Councilmember
Article X –Initiatives and Referendums
•Guides process for citizen initiatives or referendums
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Headline Copy Goes HerePROPOSED CHANGES –ALL ARTICLES
Modernizing Language:
•All “shall” references will be replaced with “will”, “must” or “may” depending on context.
•All “he or she” references will be replaced with “they/their.”
•Change references to “mail” correspondence to “send” correspondence to allow for electronic mail
where applicable.
Time Computations:
•Change needed due to how deadlines are affected by holiday, weekend, and emergency closures
•City actions -“business days” in increments of five, except where particulars dictate otherwise.
•Petitioner actions -“days” (defined to mean calendar days) in increments of seven, except where
particulars dictate otherwise.
•Deadlines will be at the end of the regular business day.
•Will not reduce the time given to petitioners.
•Expect this to eventually apply to all applicable Charter sections.
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Headline Copy Goes HereARTICLE VIII -ELECTIONS
•Purpose: To address obsolete language and avoid confusion with deadlines
•Modernization of language
•Changes to computation of time
•Updates to processes
•Allows the City Clerk to appoint an elections expert to serve on Board of Election
•Eliminates vague language related to qualification of elected officers (utilizing statutory process)
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Headline Copy Goes HereARTICLE IX -RECALL
•Modernization of language
•Changes to computation of time
•Reorganization of material for clarity (requires repeal and reenact due to significant number of revisions)
•Updates to processes
•Based on first-choice votes with ranked choice voting
•City Clerk Review Periods
•Simplification of Petition Review Process (elimination of Cure provisions)
•Petition Review Protest
•Changes to election timeframes
•Eliminates vague language related to qualification of elected officers (utilizing statutory process)
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8
Recall Timeline
Election Date Timeframe
60-90 days Earliest possible Tuesday
Council Sets Date of Election
Next regular or special meeting No change proposed
Insufficient Petition remedy
Additional 15 days Remove
Determination of Sufficiency
5 working days 15 business days
Petition circulated
30 days 35 days (49 days for Mayor)
Clerk Approves Form of Petition
Within 10 days Within 5 business days
Petitioner submits a petition for recall
Within 10 days 7 days
Officer’s Defense Due
Within 5 days Within 7 days
Officer Notified
Within 48 hours Within 2 business days
Petitioner Files Affidavit
Current
Provision
Proposed
Provision
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9
Additional Recall Changes
Staff Proposal Municipal Election Code Uniform Election Code
Days to Circulate 35 days for Council Member, 49
days for Mayor
60 60
Cure Remove for simplification 15 days after determination of
insufficiency and only by the
addition of required info relating to
the signers of the petition or the
circulator affidavits
Can cure errors and
insufficiencies regarding circulator
affidavits –5 calendar days after
notification by DEO of errors
Timing of Election Earliest possible Tuesday that
allows the City Clerk sufficient
time to meet all legal, logistical,
and technical requirements
applicable to the conduct of an
election. No less than 75 days
prior to regular election.
Not less than 30 days nor more
than 90 days from submission to
the Council. If regular election is
to be held within 180 days after
submission to Council, it must be
held as part of the regular
election.
Not less than 30 days nor more
than 90 days from submission to
the Council. If regular election is
to be held within 120 days after
submission to Council, it must be
held as part of the regular
election.
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Headline Copy Goes HereARTICLE X –INITIATIVE AND REFERENDUM
•Modernization of language
•Changes to computation of time
•Reorganization of material for clarity (requires repeal and reenact due to significant number of
revisions)
•Updates to Processes
•Petition Form Approval
•City Clerk Review Periods
•Simplification of Petition Review Process (elimination of Cure provisions)
•Petition Review Protest
•Changes to election timeframes
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11
Initiative Timeline
Election Date Timeframe
60-90 days Earliest workable November election
Council adopts proposed ordinance or submits to registered electors
35 calendar days 25 business days
Insufficient Petition remedy
Additional 15 days Remove
Determination of Sufficiency
5 working days 15 business days
Petition circulated
60 days 63 days
Clerk Approves Form of Petition
Petitioner Files Notice of Intent
Current
Provision
Proposed
Provision
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12
Additional Initiative Changes
Staff Proposal Municipal Election Code Uniform Election Code
Days to Circulate Change from 60 days to 63 days 180 days 6 months from date titles and
submission clause have been fixed
and no later than 3 months before
the election
Cure Remove for simplification No cure period Can cure errors and insufficiencies
regarding circulator affidavits –5
calendar days after notification by
SOS of errors
Timing of Election Change from 60-90 days to
earliest workable November
election
At a regular or special election not
less than 60 and not more than
150 days after final determination
of petition sufficiency
Targeted election
Amount of time to check
signatures
Change from 5 working days to 15
business days
30 calendar days 30 calendar days
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13
Referendum Timeline
Election Date Timeframe
60-90 days Next regular or special election
Council reconsiders ordinance or refers it to voters
Next regular or special meeting No change proposed
Insufficient Petition remedy
Within original 20-day circulation period None
Determination of Sufficiency
5 working days 15 business days
Petition circulated
20 days 21 days
Clerk Approves Form of Petition
Within 10 days Within 10 business days
Proponents present final form of petition
10 working days 10 days
Petitioner Files Notice of Protest
Current
Provision
Proposed
Provision
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14
Additional Referendum Changes
Staff Proposal Municipal Election Code Uniform Election Code
Days to Circulate Currently 20 days. Propose to
change to 21 days
30 days 6 months from date titles and
submission clause have been fixed
and no later than 3 months before
the election
Cure Remove for simplification No cure available Can cure errors and insufficiencies
regarding circulator affidavits –5
calendar days after notification by
SOS of errors
Timing of Election Next regular or special city
election scheduled for any other
purpose for which election
process requirements can be met
At a regular or special election not
less than 60 and not more than
150 days after final determination
of petition sufficiency
Targeted election
Amount of time to verify
signatures
Currently 5 working days. Propose
to change to 15 business days
30 calendar days 30 calendar days
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15
Protest Hearings
Certification of protest hearing results
Within 10 days 5 business days
Protest Hearing to be concluded
Within 30 days of filing No later than 20 business days of filing
Send Protest Hearing Notice
At least 5 days prior to hearing date At least 5 business days prior to hearing
date
Set Protest Hearing Date
Within 7 days of filing of protest 10 business days
Protest Filing
10 days of petition filing 7 days of petition certificationCurrent
Provision
Proposed
Provision
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Headline Copy Goes HerePROPOSED BALLOT LANGUAGE
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 1
Shall Article VIII of the Charter of the City of Fort Collins,regarding city elections,be amended to:
clarify the usage of the term “shall”by replacing with “will,”“must”or other appropriate language;
modernize the language to be more inclusive by removing he/she language;
remove requirement that Chief Deputy City Clerk serve on the Board of Election and allow the City Clerk to
designate the lead election expert;
conform the process for challenging nominations and qualifications of candidates to the Municipal Election
Code;and
add rules for computation of time and consistent deadline timeframes?
_____ Yes/For
_____ No/Against
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Item 12.
Headline Copy Goes HerePROPOSED BALLOT LANGUAGE
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall Article IX of the Charter of the City of Fort Collins,regarding the recall process,be repealed and reenacted in
the form set forth in Ordinance No.095,2024,which makes edits for clarity and consistency and:
clarifies the usage of the term “shall”by replacing with “will,”“must”or other appropriate language;
modernizes the language to be more inclusive by removing he/she language;
revises and reorganizes Art.IX to be simpler,easier to follow and clearer;
retains the same percentage requirements for signatures (updated to address ranked choice voting)and same
timeframes for circulation of a petition,except it increases the time for circulating a petition to recall the mayor to
42 days;
simplifies review process and removes the allowance for time for “cure”of technical errors and omissions;
tightens timeframe for protest hearing and decision;
requires Council to set recall measure for vote for the next Tuesday for which all election deadlines can be met
and if that earliest meetable date is within 77 days of a November election,it must go on that ballot;
clarifies that if the office held by the subject of the recall is on the next November election ballot and the election
on the recall would be at that election or later,the recall process terminates;and
adds rules for computation of time and consistent deadline timeframes?
______Yes/For
______No/AgainstPage 179
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Headline Copy Goes HerePROPOSED BALLOT LANGUAGE
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 3
Shall Article X of the Charter of the City of Fort Collins,regarding the initiative process and referendum process,be
repealed and reenacted in the form set forth in Ordinance No.096,2024,which makes edits for clarity and
consistency and:
clarifies the usage of the term “shall”by replacing with “will,”“must”or other appropriate language;
modernizes the language to be more inclusive by removing he/she language;
revises and reorganizes Art.X to be simpler and easier to follow;
makes the City Clerk responsible for preparing a general statement for inclusion in a petition and limits
requirement to include entire ordinance in each petition section;
increases time for City Clerk petition review and scheduling protests;
simplifies review process and removes technical “cure”provision to conform to Municipal Election Code;
tightens timeframe for protest hearing and decision;
requires Council to set initiative measures for vote at next timely November election;
requires Council to set referendum measure for vote no later than next regular or special municipal election;and
adds rules for computation of time and consistent deadline timeframes?
________ Yes/For
______No/Against
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19
QUESTIONS?
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July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Heather Walls, Deputy City Clerk
Rupa Venkatesh, Assistant City Manager
SUBJECT
Items Relating to a City Initiated Charter Amendment Relating to Recall.
EXECUTIVE SUMMARY
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 095, 2024, Submitting to a Vote of the Registered Electors of the City
of Fort Collins Repealing and Reenacting Article IX of the City Charter Relating to Recall.
The purpose of this item is to set ballot language regarding proposed amendments to Article IX of the City
Charter relating to recall provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024, at noon.
Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the relate d
Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins Charter is the governing document that defines the City organization and the
powers and functions of the City. The Charter can only be amended by a vote of the people and was first
created by a vote in 1954. Over time, Charter provisions may become obsolete, contradictory, or desired
to be changed to address current needs or trends. From time to time, the City submits Charter revisions,
both large and small, for voter approval. If Council votes to adopt the proposed charter amendments, they
will be placed on the November 5, 2024, ballot.
Election Code Committee met several times during 2024 to receive information and consider potential City
Charter amendment proposals related to the election and petition processes that are governed by the
Charter. The revisions outlined below relating to the recall provisions in Article IX are requested by the
City Clerk’s Office to address ambiguities, inconsistencies, and process complexity. The Committee
expressed support for these changes, which also include language modernization such as gender inclusive
language and substituting active and direct terminology.
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Reorganization for Clarity: Article IX has been reorganized to make the description of the process
and requirements flow better so they are easier to follow. The full recall process is outlined in
chronological order. This will make the process simpler and easier to follow. The significant shifting of
information within these Articles has made repealing and reenacting the appropriate method for revising
them, rather than showing the extensive individual wording amendments.
Updates to Review Periods for the City Clerk: The timeframe allowed for the City Clerk to examine
petitions has been updated because volumes (such as numbers of petition signatures to review) have
increased since these current provisions were adopted and are more in line with the examination
periods in state statutes.
Note: There has been no change to the signature requirements for a recall petition.
Simplification of the Petition Review Process (“Cure” Provisions): The current process for recall
petitions allows for “cure” meaning the petition may be withdrawn if determined insufficient and an
additional 15 days is allowed for amending the petition. Under municipal election law this is used not
to add signatures but to add or clarify information and correct affidavits. This cure mechanism has not
been used and adds confusion to the process. Because these “cure” periods create confusion, are not
well utilized or understood and generally are inconsistent with municipal election code, staff has
proposed that they be removed.
Updates to Petition Review Protest Process: The process for protesting a Clerk determination of
sufficiency for petitions has been updated and made consistent for each of the three (recall, initiative
and referendum) major petition processes. Time frames have been tightened except a slightly longer
time frame for arranging, setting and providing notice of the protest hearing is included. This will allow
more time for preparation in advance of the hearing by all involved.
Updates to the time for to conduct an election: A significant challenge that has developed over
time is the lead time required to place an item on a ballot and the overall time for the conduct of an
election. Current timeframes are unworkable under current election requirements and limitations. For
a successful recall petition, the proposed language states that upon the City Clerk’s presentation of a
petition certified as sufficient for recall:
o Council must set the date for the election to be held on a Tuesday at the earliest possible election
date and that the City Clerk will advise Council on the date that will allow sufficient time to meet all
applicable requirements to hold such an election.
o If the earliest possible election date determined by the City Clerk is less than 77 days prior to an
upcoming November election (regular municipal or general election), the recall election must be
consolidated with such election.
o If the election will be consolidated with the November election and the office subject to recall is
already on the upcoming November ballot, the recall process terminates.
o If the officer subject to the recall petition resigns before ballots are mailed to the voters, the recall
process would end, and the vacancy must be filled by appointment.
o This version also to removes language about qualification of candidates and instead refers to
statutory procedures for challenging candidate qualifications.
A computation of time section has been added to this Article. This clarifies how deadlines are affected
by holidays, weekends, and emergency closures, which currently is an issue that can cause confusion
and disagreement. When the overall Charter update process is completed, we anticipate that a general
time computation provision will be added for the Charter overall and the time computation provision in
this Article will be removed.
o Deadlines for actions to be taken by the City are stated in “business days” in increments of five,
except where particulars dictate otherwise.
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o Deadlines for actions to be taken by the public are stated in “days” (defined to mean calendar days)
in increments of seven, except where particulars dictate otherwise.
o Deadlines will be at the end of the regular business day.
o Generally, the deadline will shift forward to the first business day where a deadline falls on a
weekend, holiday, or emergency closure day.
o Where a requirement is stated as “no later than” or “at least X days before”, the deadline will shift
to the closest earlier business day.
o Many of the timing provisions are slightly modified to reflect this shift to make more consistent how
timeframes will run in these processes.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Election Code Committee unanimously supported the proposed Charter amendments.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Article IX (current version)
3. Memo to Council, June 20, 2024
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ORDINANCE NO. 095, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS PROPOSED CHARTER
AMENDMENT NO. 2, REPEALING AND REENACTING ARTICLE IX
OF THE CITY CHARTER RELATING TO RECALL
A. The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City. The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B. Over time, Charter provisions may become obsolete, contradictory, or
warrant change to address current needs or trends.
C. Article IV, Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31-
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the city council submitting a proposed amendment to a vote of the registered electors
of the city.
D. The Council’s Election Code Committee met several times during 2024 to
receive information and consider potential City Charter amendment proposals related to
the election and petition processes that are governed by the Charter. Article IX of the
Charter governs the City’s processes f or recall of elected officials.
E. A thorough review of Article IX has highlighted confusing and unnecessarily
complicated language, and the improvement of these provisions would assist members
of the public in exercising their rights regarding recall of elected officials and would reduce
confusion and ambiguity for those involved in this process.
F. Incorporated in the revised Article IX are the following:
1. Clarified the usage of the term “shall” by replacing with “will,” “must” or
other appropriate language.
2. Modernized the language to be more inclusive by removing he/she
language.
3. Revised and reorganized to make the description of the process and
requirements flow better so they are easier to follow. The process for a
recall petition is set out chronologically and is consistent with the other
Charter petition processes.
4. Retained the same percentage requirements for signatures (based on
first-choice votes with ranked choice voting) and increased timeframes
for circulation of a recall petition, including an additional increase in the
time to circulate a petition to recall the mayor.
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5. Updated the timeframe allowed for the City Clerk to examine petitions
because volumes (such as numbers of petition signatures to review) have
increased since these current provisions were adopted. The new
timeframes are more in line with the examination periods in state statutes.
6. Simplified the Petition Review Process (“Cure” Provisions) to eliminate the
time for correction of technical deficiencies after submission of a petition.
7. Updated the Protest process for consistency with the process for filing and
deciding protests of other types of petitions, allowing more time for setting
of the protest hearing and tightening timeframes for completion of the
hearing and decision.
8. Updated time for conduct of an election on a successful petition so they
work with new election process timing and requirements. For a successful
recall petition, the measure would be set for the next Tuesday for which all
election deadlines can be met. If the earliest meetable date is less than 77
days before an upcoming November election, the recall issue must go to
that election. However, if the recall election will be on the upcoming
November ballot or later, and the office held by the subject of the recall is
on that November election, the recall process terminates.
9. Added computation of time provisions to clarify how deadlines are
interpreted and setting updated deadlines based on business days (in
increments of five) for actions the City must complete and calendar days (in
increments of seven) for actions to be completed by others.
G. The Election Code Committee considered and supported similar revisions to
Article VIII, regarding elections generally, and Article X, regarding initiative and
referendum, which are also under consideration by the Council.
H. The Council finds that these proposed revisions to Article IX of the City
Charter, regarding the Recall process, update, simplify and improve that process and are
for the benefit of the people of Fort Collins, and the Council desires to present the
repealed and reenacted Article IX set forth below to the voters for app roval at the
November 5, 2024, special municipal election.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the repeal of Article IX of the City Charter and the reenactment
of Article IX of the City Charter as set forth below, shall be submitted to the registered
electors of the City as “Proposed Charter Amendment No. 2” at the special municipal
election to be held on Tuesday, November 5, 2024:
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ARTICLE IX. RECALL
Section 1. The recall.
(a) Power. Any elective officer of the city may be recalled from office, through the
procedure and in the manner provided herein, by the registered electors entitled to vote
for a successor of such incumbent officer. The procedure to affect a recall will be as
provided in this Article.
(1) For purposes of this Article, in the case of recall of the Mayor, the words
“registered elector” will be construed to mean persons residing within the
city who are registered to vote as of the date they signed the petition for
recall.
(2) For purposes of this Article, in the case of a proposed recall of District
Council representatives, the words "registered elector" will be construed to
mean persons who are registered to vote within the particular affected
Council District of the city as of the date they signed the petition for recall of
the District Council representative.
(3) No recall petition may be circulated or filed against any officer until the
officer has actually held office for at least one (1) year in the officer's current
term, nor within six (6) months of the end of such term.
(b) Commencement of proceedings; affidavit. One (1) or more registered electors may
commence recall proceedings by filing with the City Clerk an affidavit of not more than
two hundred (200) words stating the reasons for the recall of the officer sought to be
removed. A separate affidavit must be filed for each officer sought to be recalled.
(1) Within two (2) business days after the filing of the affidavit, the City Clerk
will mail a copy by certified mail to the affected officer. The City Clerk will
also promptly provide the affidavit to the City Council by electronic mail.
(2) No later than seven (7) days after the date of the City Clerk’s mailing, the
affected officer may file with the City Clerk a sworn statement of not more
than three hundred (300) words in defense of the charges.
(3) The affidavit and the response are intended for the information of the
registered electors, who will be the sole and exclusive judges of the
sufficiency of the ground or grounds assigned for the recall, and said ground
or grounds will not be open to judicial review.
(4) Within seven (7) days after the date by which any statement in defense must
be filed, the petitioner must submit to the City Clerk a petition for recall of
the officer for City Clerk review in accordance with Section 2(b) of this
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Article. The petition must be circulated, signed, verified and filed in the
manner provided in Section 2 of this Article.
(5) If no petition for recall has been submitted to the City Clerk for approval of
its form within the time period specified above, the recall proceedings will
be terminated.
Section 2. Petitions.
(a) Separate petitions required. A separate petition must be circulated and filed for each
officer sought to be recalled.
(b) Form and content.
(1) Adoption of form. The Council must prescribe by ordinance, upon
recommendation of the City Clerk, a general form of petition which will contain
warnings and notices to signers as necessary and meet the requirements of this
Article.
(2) Approval of form. No petition may be circulated until the City Clerk has
approved the form for circulation. The City Clerk must determine whether to
approve the form of petition no later than five (5) business days after submittal.
The City Clerk must first determine that the petition form contains all matters
required under this Article and only the matters required by this Artic le.
(3) Scope of approval. The City Clerk's approval under this Section does not
constitute an approval of the content of the petition or its legality, but rather, starts
the running of the time periods provided for circulation and filing of petitions fo r
recall.
(4) Statement of purpose. The petition must contain or have attached to each
section throughout its circulation a copy of the charges set forth in the affidavit on
file with the City Clerk, and if requested by the person sought to be recalled, a copy
of the statement in defense.
(5) Petition representatives. Each petition must designate by name and address
three (3) registered electors who will represent the signers of the petition in all
matters affecting the petition.
(6) Signatures. Only registered electors may sign the petitions authorized under
this Article. Each signer must sign their own signature and each signature must be
followed by the printed name of the signer, the street and number address of their
residence, and the date of signing.
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(7) Petition sections. Each section of the petition must be individually numbered
and must contain no less than thirty (30), and no more than one hundred (100)
signature lines.
(c) Circulation of petition.
(1) To be valid, the petition must be circulated and s igned in sections with each
section consisting of one (1) or more sheets securely fastened at the top, and each
section must contain a full and accurate copy of the text of the petition and the
names and addresses of the designated representatives for the petition.
(2) All sections must be filed with the City Clerk as one (1) instrument.
(3) Only persons eighteen (18) years of age or older may circulate the petition
for signatures.
(4) The circulation of any petition by any medium other than personally by a
circulator is prohibited.
(5) No person may receive any compensation whatever for signing a recall
petition.
(6) No person may knowingly sign an initiative petition more than once.
(7) In the event that the signature of any person appears more than once on a
petition authorized under this Article, the first signature verified will be counted and
all other signatures of that person will be rejected.
(d) Affidavit of circulator. For each petition section, the circulator of the petition section
must sign under oath before a notary public the affidavit of circulator attached at the end
of the petition section. The affidavit must state the following:
(1) the circulator's address of residence;
(2) that the circulator is eighteen (18) years of age or older;
(3) that they personally circulated the section;
(4) that each signature was affixed in the circulator's presence on the date stated
with such signature;
(5) that to the best of the circulator's knowledge and belief each signer was at
the time of signing a registered elector of the city;
(6) that to the best of the circulator's knowledge and belief each signature is the
genuine signature of the person whose name it purports to be;
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(7) that each signer had an opportunity before signing to read the full text of the
petition; and
(8) that the circulator has not paid or offered to pay any money or other thing of
value to any signer for the purpose of inducing or causing the signer to affix their
signature to the petition.
A petition verified by the valid affidavits of its circulators in each of its sections will be
prima facie evidence that the signatures thereon are genuine and true.
(e) Number of signatures required.
(1) First recall attempt. The petition must be signed by registered electors equal
in number to at least twenty-five (25) percent of the total of votes cast at the last
preceding regular city election for the office to which the incumbent sought to be
recalled was elected.
(2) Subsequent recall attempts. After one (1) recall petition and election, a recall
petition filed against the same officer during the same term for which elected must
be signed by registered electors equal in number to at least fifty (50) percent of the
total of first choice votes cast at the last preceding regular city election for the office
to which the incumbent sought to be recalled was elected.
(f) Petition deadlines; submittal.
(1) For the recall process to proceed, petitions fo r recall must be filed with the
City Clerk as follows:
a. For a District Council representative, no later than thirty-five (35) days
after the City Clerk's approval of the form for circulation;
b. For a Mayor, no later than forty-nine (49) days after the City Clerk’s
approval of the form for circulation.
(2) All petition sections must be filed with the City Clerk together at the same time
and will collectively constitute the petition.
(3) A recall petition must be filed with the City Clerk within the requisite time or it
will be deemed null and void.
(g) Examination of petition.
(1) Within fifteen (15) business days of the filing of a petition the City Clerk will
ascertain by examination of the petition and the registration books whether the
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petition is signed by the requisite number of registered electors and contains the
required particulars and affidavits.
(2) Any petition section the City Clerk reasonably determines has been
disassembled, whether or not it has been reassembled, will be deemed invalid.
(3) Upon submittal of a petition, the Clerk shall not remove the signature of an
elector from the petition.
(4) The Clerk will issue publicly and provide to the petition representatives the
Clerk’s initial determination of petition sufficiency. If the petition is insufficient, the
City Clerk will so certify and forthwith notify all of the designated petition
representatives in writing, specifying the particulars of insufficiency.
(h) Protests.
(1) Registered electors desiring to protest a determination by the City Clerk that
a petition is either sufficient or insufficient may file a written protest, under oath, in
the office of the City Clerk within seven (7) days of the City Clerk’s initial
determination as to sufficiency of the petition. The protest must set forth with
particularity the grounds of protest and any signatures and related defects in form
protested.
(2) Upon the filing of a protest, the City Clerk will send a c opy of the protest to
the designated petition representatives, the City Council and the City Manager.
The City Manager will appoint a hearing officer, who, in conjunction with the City
Clerk, will set a time for hearing such protest, which must be no more than ten (10)
business days after the filing of a protest.
(3) At least five (5) business days prior to the hearing, the City Clerk will send a
notice of the date, time and location for the hearing and a copy of the protest to all
of the designated petition representatives, the person(s) who filed the protest, and
the City Council.
(4) All protest hearings will be before a hearing officer appointed by the City
Manager. The hearing officer will have the power to issue subpoenas to compel
the attendance of witnesses and the production of documents.
(5) All records and hearings will be public, and all testimony must be under oath.
(6) The hearing will be summary in nature and concluded no later than twenty
(20) business days after the protest was filed.
(7) The hearing officer must decide and certify the results of the hearing no later
than five (5) business days after the hearing is concluded, and no further protest
regarding the petition may be filed.
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(8) The City Clerk will make any final determination regarding the sufficiency or
insufficiency of a petition and must base such determination on the protest hearing
results issued by the hearing officer.
(9) A petition for recall that has been deemed insufficient after protest may not
be amended or circulated further and no further protest regarding the petition may
be filed.
(i) Certification and presentation to Council. When and if a petition is deemed
sufficient, whether following the initial sufficiency determination by the City Clerk in the
absence of a protest, or following protest proceedings, the City Clerk will so certify and
present the certified petition to the Council at the next regularly scheduled meeting or
special meeting called for this purpose. The City Clerk's certificate constitutes the final
determination as to the sufficiency of the petition.
Section 3. Action by Council.
(a) A recall election will be for the dual purposes of voting on the recall of the officer
sought to be removed and the election of a successor.
(b) Upon the City Clerk’s presentation of a petition certified as sufficient for recall, the
Council must set a date for the election to be held on a Tuesday at the earliest possible
election date that allows the City Clerk sufficient time to meet all legal, logistical and
technical requirements applicable to the conduct of an election. The City Clerk will advise
the Council of said election date in connection with Council’s call of the recall election.
(c) If the earliest possible election date determined by the City Clerk is less than
seventy-seven (77) days prior to an upcoming November regular municipal election or
November General Election conducted by the Larimer County Clerk and Recorder, the
recall election must be consolidated with such other election date.
(d) If a recall election must be consolidated with a November regular municipal election
pursuant to subsection (c) or cannot be set until a date after a November regular election,
and if the Council office held by the officer for whom a recall is sought will be on such
November ballot, the recall process must be deemed terminated and the regular election
for that Council office will proceed as part of the November regular municipal election.
(e) If the officer subject to a recall petition resigns before ballots for the recall election
are mailed to the voters, the recall process must be deemed terminated and the vacancy
must be filled by appointment. If a vacancy occurs after the ballots for the recall election
have been mailed to the voters, the election to fill the vacancy under Section 4, below,
must nevertheless proceed.
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Section 4. Recall elections.
(a) Generally. Recall elections must be conducted in the same manner as provided
generally for regular or special city elections in this Charter. All Charter provisions related
to nomination and qualification of candidates apply to recall elections.
(b) Nominations on recall. Anyone desiring to become a candidate at the recall election
must do so by nominating petition as required in Article VIII of this Charter. The deadline
for filing a nominating petition for a recall election will be as established by ordinance of
the Council. If more than one (1) officer is sought to be recalled, then the nominating
petition must specify which incumbent the candidate seeks to succeed. The name of the
person against whom the recall petition is filed is barred from appearing on the ballot as
a candidate for the office.
(c) Ballots. The official ballot must include, as to every officer whose recall is to be voted
on, the statement of grounds and, if requested by the affected officer, the officer's
statement in defense followed by the words, "Shall (name of person against whom the
recall petition is filed) be recalled from the office of (__________)?" Following such
question must appear the words, "Yes" indicating a vote in favor of the recall and "No"
indicating a vote against such recall. On such ballots, under each question, there must
also be printed the names of those persons who have been nominated as candidates to
succeed the person sought to be recalled. (d) Election results. If a majority of those
voting on the question of the recall of any incumbent from office votes "No," the incumbent
continues in office. If a majority votes "Yes" for the incumbent's removal, the incumbent
will thereupon be deemed removed from their office upon the taking of the oath of office
by their successor. If the officer is recalled, the candidate for succession receiving the
highest number of votes at the election determined in accordance with Article VIII, will be
declared elected for the remainder of the incumbent's term.
(e) Elected replacement. The candidate elected will take office upon taking the oath of
office, which must occur as the first order of business at the next regular or special Council
meeting after certification of the election results.
(f) Disqualification from office. No person who has been recalled or has resigned after
the City Clerk's presentation to Council of a certified, sufficient petition for recall of such
person may serve the city in any elected or Council-appointed capacity within two (2)
years after such removal or resignation.
Section 5. Computation of time.
(a) Except when business days are specified, all computations of time made under the
provisions of this article will be based on calendar days.
(b) Except when computing business days, Saturdays, Sundays, City holidays and days
City Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances will be included, but, if the time for any act to be done o r the
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last day of any period is a Saturday, Sunday, City holiday or day City Hall is closed for
business for a full or partial day due to inclement weather or other emergency
circumstances, the period is extended to include the next day that is not a Satur day,
Sunday, or City holiday.
(c) In computing time for any act to be done before any regular or special election, the
first day will be included, and the last or election day will be excluded.
(d) If the time for an act to be done under this article is referred to in business days, the
time will be computed by excluding Saturdays, Sundays, City holidays, and any day City
Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances.
(e) If a provision requires doing an act in "not less than" or "no later than" or "at least" a
certain number of days or "prior to" a certain number of days or a certain number of
months "before" the date of an election, or any phrase that suggests a similar meaning,
if that period would end on a Saturday, Sunday or City holiday, it will instead shift to end
on the prior business day that is not a Saturday, Sunday, or City holiday. If the period
ends on a day City Hall is closed for business for a full or partial day due to i nclement
weather or other emergency circumstances, the period will end on the next business day
on which City Hall is open for business.
(f) Except when otherwise specified, an act must be completed by 5:00 p.m. Mountain
time on the last day for that action.
Section 6. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent
with this Charter and the Colorado Constitution in order to carry out the provisions of this
Article.
Section 2. That the following ballot title and submission clause are hereby
adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall Article IX of the Charter of the City of Fort Collins, regarding the recall
process, be repealed and reenacted in the form set forth in Ordinance No. 095,
2024, which makes edits for clarity and consistency and:
Clarifies the usage of the term “shall” by replacing with “will,” “must” or other
appropriate language;
modernizes the language to be more inclusive by removing he/she language;
revises and reorganizes Article IX to be simpler, easier to follow and clearer;
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retains the same percentage requirements for signatures (based on first-choice
votes with ranked choice voting) and increases timeframes for circulation of a recall
petition, with an additional increase in the time to circulate a petition to recall the
mayor;
simplifies review process and removes the allowance for time for “cure” of
technical errors and omissions;
tightens timeframe for protest hearing and decision;
requires Council to set recall measure for vote for the next Tuesday for which
all election deadlines can be met and if that earliest meetable date is within 77
days of a November election, it must go on that ballot.
clarifies that if the office held by the subject of the recall is on the next
November election ballot and the election on the recall would be at that election or
later, the recall process terminates; and
adds rules for computation of time and consistent deadline timeframes?
______Yes/For
______No/Against
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Carrie Daggett
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- FORT COLLINS CHARTER
ARTICLE IX. RECALL
Fort Collins, Colorado, Municipal Code Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
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ARTICLE IX. RECALL
Section 1. The recall.
(a) Power. Any elective officer of the city may be recalled from office, through the procedure and in the manner
provided herein, by the registered electors entitled to vote for a su ccessor of such incumbent officer. For
purposes of this Article, in the case of recall of the Mayor, the words "registered elector" shall be construed
to mean persons residing within the city who are registered to vote as of the date they signed the petiti on
for recall. For purposes of this Article, in the case of a proposed recall of District Council representatives, the
words "registered elector" shall be construed to mean persons who are registered to vote within the
particular affected Council District of the city as of the date they signed the petition for recall of the District
Council representative. No recall petition shall be circulated or filed against any officer until the officer has
actually held office for at least one (1) year in the officer's current term, nor within six (6) months of the end
of such term. The procedure to effect a recall shall be as provided in this Article.
(b) Commencement of proceedings; affidavit. One (1) or more registered electors may commence recall
proceedings by filing with the City Clerk an affidavit of not more than two hundred (200) words stating the
reasons for the recall of the officer sought to be removed. A separate affidavit shall be filed for each officer
sought to be recalled. Within forty-eight (48) hours after the filing of the affidavit, the City Clerk shall mail a
copy by certified mail to the affected officer. Within five (5) days after the date of the City Clerk's mailing, the
affected officer may file with the City Clerk a sworn statement of not more than three hundred (300) words
in defense of the charges. The affidavit and the response are intended for the information of the registered
electors, who shall be the sole and exclusive judges of the sufficiency of the ground or grounds assigned for
the recall, and said ground or grounds shall not be open to judicial review. Within ten (10) days after the date
by which any statement in defense must be filed, a petition for recall of the officer shall be submitted to the
City Clerk for approval of the form of the petition in accordance with Section 2(b) of this Article. The petition
shall be circulated, signed, verified and filed in the manner provided in Section 2 of this Article. If no petition
for recall has been submitted to the City Clerk for approval of its form within the time period specified above,
the recall proceedings shall be terminated.
(c) Call of election. A recall election shall be for the dual purposes of voting on the recall of the officer sought to
be removed and the election of a successor. Upon the City Clerk's presentation of a petition certified
sufficient for recall, the Council shall set a date for the election which shall be held on a Tuesday not less
than sixty (60) nor more than ninety (90) days from the date of presentation of the certified petition to
Council. However, if any other city election is to occur within ninety (90) days from the presentation of the
certified petition to Council, the recall election shall be postponed and consolidated with such other city
election. The order setting a date for the recall election shall not become effective until five (5) days from the
presentation of the certified petition to Council. If the officer resigns within the five -day period, the vacancy
may be filled by appointment. If a vacancy occurs in the affected office after the effective date of the order,
the election to fill the vacancy shall nevertheless proceed.
(d) Disqualification for office. No person who has been recalled or has resigned after the City Clerk's
presentation to Council of a certified, sufficient petition for recall of such person shall serve the city in any
elected or appointed capacity within two (2) years after such removal or resignation.
(Ord. No. 199, 1986, § 1, Part A, § 1, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86,
approved, election 3-3-87; Ord. No. 157, 1988, 12-10-88, approved, election 3-7-89; Ord. No. 11, 1997, § 1, 2-4-97,
approved, election 4-8-97; Ord. 128, 1999, § 1, 8-17-99, approved, election 11-2-99)
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(Supp. No. 148, Update 1)
Page 2 of 4
Section 2. Petitions.
(a) Separate petitions required. A separate petition shall be circulated and filed for each officer sought to be
recalled.
(b) Form and content.
(1) Approval of form. No petition shall be circulated until the City Clerk has approved the form for
circulation. The City Clerk shall first determine that the petition form contains only the matters
required by this Article. The Council shall prescribe by ordinance, upon recommendation of the City
Clerk, a general form of petition which shall contain warnings and notices to signers as necessary. The
City Clerk's approval under this Section shall not constitute an approval of the content of the petition,
but rather, shall start the running of the time periods provided for circulation and filing of petitions for
recall.
(2) Statement of purpose. The petition shall be addressed to Council and shall contain or have attached to
each section throughout its circulation a copy of the charges set forth in the affidavit on file with the
City Clerk, and if requested by the person sought to be recalled, a copy of the statement in defense.
(3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer
must sign his or her own signature and each signature shall be followed by the printed name of the
signer, the street and number address of his or her residence, and the date of signing. No p erson shall
knowingly sign his or her name more than once for the recall of the same incumbent.
(c) Circulation of petition. The petition may be circulated and signed in sections with each section consisting of
one (1) or more sheets securely fastened at the top, provided that each section contains a full and accurate
copy of the text of the petition and the names and addresses of the designated representatives for the
petition. All sections shall be filed as one (1) instrument. Only persons eighteen (18) years of age or older
may circulate the petition for signatures. The circulation of any petition by any medium other than personally
by a circulator is prohibited. No person shall receive any compensation whatever for signing a recall petition.
(d) Affidavit of circulator. A circulator shall attach to each section of the petition circulated, an affidavit signed
by the circulator under oath before a notary public stating the following:
(1) the circulator's address of residence;
(2) that the circulator is eighteen (18) years of age or older;
(3) that he or she personally circulated the section;
(4) that each signature was affixed in the circulator's presence;
(5) that to the best of the circulator's knowledge and belief each signer was at the time of sig ning a
registered elector of the city;
(6) that to the best of the circulator's knowledge and belief each signature is the genuine signature of the
person whose name it purports to be;
(7) that each signer had an opportunity before signing to read the fu ll text of the petition; and
(8) that the circulator has not paid or offered to pay any money or other thing of value to any signer for
the purpose of inducing or causing the signer to affix his or her signature to the petition.
A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie evidence that
the signatures thereon are genuine and true.
(e) Number of signatures required.
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Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
Page 3 of 4
(1) First recall attempt. The petition must be signed by registered electors equal in number to at least
twenty-five (25) percent of the entire vote cast at the last preceding regular city election for all
candidates for the office, to which the incumbent sought to be recalled was elected as one of the
officers thereof, said entire vote being divided by the number of all officers elected to such office at
said election.
(2) Subsequent recall attempts. After one (1) recall petition and election, a recall petition filed against the
same officer during the same term for which elected must be signed by registered electors equal in
number to at least fifty (50) percent of the entire vote cast at the last preceding regular city election for
all candidates for the office to which the incumbent sought to be recalled was elected as one of th e
officers thereof, said entire vote being divided by the number of all officers elected to such office at
said election.
(f) Place of filing, time limits. Petitions for recall shall be filed with the City Clerk within thirty (30) days of the
City Clerk's approval of the form for circulation. Each petition shall designate by name and address not less
than three (3) nor more than five (5) registered electors who shall represent the signers of the petition in all
matters affecting the petition, and shall be endorsed by such persons.
(g) Sufficiency of petition; amendment. Within five (5) working days of the filing of a petition the City Clerk shall
ascertain by examination of the petition and the registration books whether the petition is signed by the
requisite number of registered electors and contains the required particulars and affidavits. If the petition is
insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in
writing, specifying the particulars of insufficiency.
Registered electors desiring to protest the sufficiency of a petition may file a written protest, under oath, in the
office of the City Clerk within ten (10) days of the filing of the petition. The protest shall set forth with particularity
the grounds of protest and the names and defects in form protested. The reasons assigned for recall may not be
protested. Upon the filing of a written protest, the City Clerk shall set a time for hearing such protest, which shall
be no more than seven (7) days thereafter. At least five (5) days before the hearing, the City Clerk shall mail a copy
of the protest to all of the designated petition representatives together with a notice of the time for hearing. All
records and hearings shall be before the City Clerk who shall have the power to issue subpoenas to compel the
attendance of witnesses and the production of documents. All records and hearings shall be public, and all
testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (3 0) days after
the petition was filed. The City Clerk shall decide and certify the results of the hearing within ten (10) days after the
hearing is concluded.
In case the petition is deemed insufficient, whether following the initial determination by the C ity Clerk, or
following protest proceedings, it may be withdrawn and amended within fifteen (15) days from the filing of the
City Clerk's certificate of insufficiency. The City Clerk shall, within five (5) days after such amendment, examine the
amended petition and the registration books and certify the result. If the petition is still insufficient, or if no
amendment is made, the City Clerk shall return it to one (1) of the designated petition representatives without
prejudice to the filing of a new petition for the same purpose.
When and if a petition or amended petition is deemed sufficient, whether following the initial sufficiency
determination by the City Clerk in the absence of a protest, or following protest proceedings, the City Clerk shall so
certify and present the certified petition to the Council at the next regularly scheduled meeting. The City Clerk's
certificate shall then be a final determination as to the sufficiency of the petition.
(Ord. No. 199, 1986, § 1, Part A, § 2, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86,
approved, election 3-3-87; Ord. No. 157, 1988, 12-20-88, approved, election 3-7-89; Ord. No. 158, 1988, 12-20-88,
approved, election 3-7-89; Ord. No. 11, 1997, § 1, 2-4-97, approved, election 4-8-97; Ord. No. 88, 2000, § 1, 8-15-
00, approved, election 11-7-00)
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Item 13.
Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
Page 4 of 4
Section 3. Elections.
(a) Generally. Elections on recall shall be conducted in the same manner as provided generally for regular or
special city elections in this Charter. All Charter provisions related to nomination and qualification of
candidates shall apply to recall elections.
(b) Nominations on recall. Anyone desiring to become a candidate at the recall election shall do so by
nominating petition as required in Article VIII of this Charter. The deadline for filing a nominating petition for
a recall election shall be as established by ordinance of the Council. If more than one (1) officer is sought to
be recalled, then the nominating petition must specify which incumbent the candidate seeks to succeed. The
name of the person against whom the recall petition is filed shall not appear on the ballot as a candi date for
the office.
(c) Ballots. There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the
statement of grounds and, if requested by the affected officer, the officer's statement in defense followed by
the words, "Shall (name of person against whom the recall petition is filed) be recalled from the office of
(__________)?" Following such question shall appear the words, "Yes" indicating a vote in favor of the recall
and "No" indicating a vote against such recall. On such ballots, under each question, there shall also be
printed the names of those persons who have been nominated as candidates to succeed the person sought
to be recalled.
(d) Election results. If a majority of those voting on the question of the r ecall of any incumbent from office votes
"No," the incumbent continues in office. If a majority votes "Yes" for the incumbent's removal, the
incumbent shall thereupon be deemed removed from his or her office upon the taking of the oath of office
by his or her successor. If the officer is recalled, the candidate for succession receiving the highest number of
votes at the election determined in accordance with Article VIII, Section 7, shall be declared elected for the
remainder of the incumbent's term. The candidate elected shall take office upon taking the oath of office,
which shall occur as the first order of business at the next regular or special Council meeting. In case the
candidate elected fails to qualify within sixty (60) days after the issuance of a certificate of election, the
candidate with the next highest vote shall be elected, and if there is no other elected successor who
qualifies, the office shall be deemed vacant, and shall be filled by appointment by the remaining members of
the Council, as provided in Article II, Section 18.
(Ord. No. 199, 1986, § 1, Part A, § 3, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Parts V, W, X,
12-16-86, approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-97, approved, election 4-8-97; Ord. No. 006, 2015,
§ 1, 1-20-15, approved, election of 4-7-15 ; Ord. No. 080, 2022 , § 2, 7-5-22, approved, election 11-8-22)
Section 4. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
(Ord. No. 199, 1986, § 1, Part A, § 4, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86,
approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-97, approved, election 4-8-97)
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Heather Walls, Deputy City Clerk
Rupa Venkatesh, Assistant City Manager
SUBJECT
Items Relating to a City Initiated Charter Amendment Relating to Initiative and Referendum.
EXECUTIVE SUMMARY
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 096, 2024, Submitting to a Vote of the Registered Electors of the City
of Fort Collins Repealing and Reenacting Article X of the City Charter Relating to Initiative and
Referendum.
The purpose of this item is to set ballot language regarding proposed amendments to Article X of the City
Charter relating to initiative and referendum provisions.
Any protest of the proposed ballot language must be received no later than Monday, July 1, 2024, at noon.
Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related
Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins Charter is the governing document that defines the City organization and the
powers and functions of the City. The Charter can only be amended by a vote of the people and was first
created by a vote in 1954. Over time, Charter provisions may become obsolete, contradictory, or desired
to be changed to address current needs or trends. From time to time, the City submits Charter revisions,
both large and small, to the voters for approval. If Council votes to submit the proposed Charter
amendments to the voters, they will be placed on the November 5, 2024, ballot.
Election Code Committee met several times during 2024 to receive information and consider potential City
Charter amendment proposals related to the election and petition processes that are governed by the
Charter. The revisions outlined below relating to the initiative and referendum provisions in Article X are
requested by the City Clerk’s Office to address ambiguities, inconsistencies, and process complexity. The
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Committee expressed support for these changes, which also include language modernization such as
gender inclusive language and substituting active and direct terminology.
Reorganization for Clarity: Article X has been reorganized to make the description of the process
and requirements flow better so they are easier to follow. The full process for initiatives and the full
process for referenda are set out chronologically, rather than having a third section that combined some
of the process requirements. This will make the process simpler and easier to follow. The significant
shifting of information within the Article has made repealing and reenacting the appropriate method for
recision, rather than showing the extensive individual wording amendments.
Updates to Petition Form Approval by the City Clerk: The proposed revisions change the method
for setting the form of initiative and referendum petitions so that the Clerk is responsible for preparing
a general statement of purpose, in consultation with the City Attorney, to fairly and accurately
summarize the initiated measure or ordinance to be referred.
o Where the referred ordinance exceeds two pages in length, the Clerk will similarly prepare a
summary of it, rather than the current requirement that the entire ordinance be presented with each
section of the petition.
o This will reduce the iterative process that often takes place at the beginning of the petition approval
process and reduce the amount of paper material required for petition circulation.
Updates to Review Periods for the City Clerk: The timeframe allowed for the City Clerk to
examine petitions has been updated because volumes (such as numbers of petition signatures to
review) have increased since these current provisions were adopted and are more in line with the
examination periods in state statutes.
Note: There has been no change to the signature requirements for a recall petition, except that
the requirements are stated in terms of first choice votes cast in a ranked choice voting election,
rather than total of votes cast.
Simplification of the Petition Review Process (“Cure” Provisions):
o The current process for initiative petitions allows for “cure” by the submission of additional
signatures after a determination of insufficiency, but only within the time originally allowed for
submission of signatures. Municipal election law does not allow a “cure.” This cure mechanism
has not been used as a general rule and adds confusion to the process.
o The current process for referendum petitions allows for “cure” by the submission of additional
signatures after a determination of insufficiency, but only within the time originally allowed for
submission of signatures. Municipal election law does not allow a “cure.” This cure mechanism
has not been used as a general rule and adds confusion to the process.
o Because these “cure” periods create confusion, are not well utilized or understood, and
generally are inconsistent with municipal election law, staff has proposed that they be removed.
Updates to Petition Review Protest Process: The process for protesting a Clerk determination
of sufficiency for petitions has been updated and made consistent for each of the three (recall,
initiative and referendum) major petition processes. Time frames have been tightened except a
slightly longer time frame for arranging, setting and providing notice of the protest hearing is
included. This will allow more time for preparation in advance of the hearing by all involved.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Updates to the time for to conduct an election: A significant challenge that has developed over
time is the lead time required to place an item on a ballot and the overall time to schedule an
election. Current timeframes are unworkable under current election requirements and limitations.
For a successful petition, the proposed language states that upon the City Clerk’s presentation of
a petition certified as sufficient:
o For a successful initiative petition, the proposed language changes FROM the current
requirement that if a special election is requested it must be called by Council within 120 days
TO a requirement that Council submit the measure at the next November election the City is
able to coordinate with the County, whether that is a special election or a regular City election.
o For a successful referendum petition, the proposed language clarifies that the Council must
refer the item to the earliest regular or already called election date for which all election process
requirements can be met. Council may opt to call an earlier special election for the matter so
long as all election process requirements can be met.
A computation of time section has been added to this Article. This clarifies how deadlines are affected
by holidays, weekends, and emergency closures, which currently is an issue that can cause confusion
and disagreement. When the overall Charter update process is completed, we anticipate that a general
time computation provision will be added for the Charter overall and the time computation provision in
this Article will be removed.
o Deadlines for actions to be taken by the City are stated in “business days” in increments of five,
except where particulars dictate other wise.
o Deadlines for actions to be taken by the public are stated in “days” (defined to mean calendar
days) in increments of seven, except where particulars dictate otherwise.
o Deadlines will be at the end of the regular business day.
o Generally, the deadline will shift forward to the first business day where a deadline falls on a
weekend, holiday, or emergency closure day.
o Where a requirement is stated as “no later than” or “at least X days before”, the deadline will
shift to the closest earlier business day.
o Many of the timing provisions are slightly modified to reflect this shift to make more consistent
how timeframes will run in these processes.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Election Code Committee unanimously supported the proposed Charter amendments.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Article X (current version)
3. Memo to Council, June 20, 2024
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Item 14.
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ORDINANCE NO. 096, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY OF FORT COLLINS PROPOSED CHARTER AMENDMENT NO. 3,
REPEALING AND REENACTING ARTICLE X OF THE CITY CHARTER
RELATING TO INITIATIVE AND REFERENDUM
A. The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City. The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B. Over time, Charter provisions may become obsolete, contradictory, or
warrant change to address current needs or trends.
C. Article IV, Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31-
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the city council submitting a proposed amendment to a vote of the registered electors
of the city.
D. The Council’s Election Code Committee met several times during 2024 to
receive information and consider potential City Charter amendment proposals related to
the election and petition processes that are governed by the Charter. Article X of the
Charter governs the City’s initiative and referendum processes.
E. Recent experience with initiative and referendum processes have
highlighted confusing and unnecessarily complicated language in Article X, a nd the
improvement of these provisions would assist members of the public in exercising their
rights of initiative and referendum and would reduce confusion and ambiguity for those
involved in these processes.
F. Incorporated in the revised Article X, which does not reduce the time for
circulation of petitions nor change the signature percentages required, are the following:
1. Clarified the usage of the term “shall” by replacing with “will,” “must” or
other appropriate language.
2. Modernized the language to be more inclusive by removing he/she
language.
3. Revised and reorganized to make the description of the process and
requirements flow better so they are easier to follow. The full process for
initiatives and the full process for referenda are set out chronologically,
rather than having a third section that combined some of the process
requirements.
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4. Updated method for setting the form of initiative and referendum petitions
so that the Clerk is responsible for preparing a general statement of
purpose, in consultation with the City Attorney, to fairly and accurately
summarize the initiated measure or ordinance to be referred.
5. Removed the requirement that the entire ordinance be presented with each
section of the petition when the referred ordinance exceeds two pages in
length, instead the Clerk will prepare a summary of it.
6. Updated the timeframe allowed for the City Clerk to examine petitions
because volumes (such as numbers of petition signatures to review) have
increased since these current provisions were adopted. The new
timeframes are more in line with the examination periods in state statutes.
7. Simplified the Petition Review Process (“Cure” Provisions) to conform to
the Municipal Election Code, which does not allow for correction of
technical deficiencies after submission of a petition.
8. Updated the Protest process for consistency between the two types of
petitions, allowing more time for setting of the protest hearing and tightening
timeframes for completion of the hearing and decision.
9. Updated the time for conduct of an election on a successful petition so they
work with new election process timing and requirements. For a successful
initiative petition, the measure would be set for the next November election
the City is able to coordinate with the County. For a successful referendum
petition, the measure would be set for the earliest regular or already called
special election for which election deadlines can be met, unless Council
opts to call an earlier special election.
10. Added computation of time provisions to clarify how deadlines are
interpreted and setting updated deadlines based on business days (in
increments of five) for actions the City must complete and calendar days
(in increments of seven) for actions to be completed by others.
G. The Election Code Committee considered and supported similar revisions to
Article VIII, regarding elections generally, and Article IX, regarding recall, which are also
under consideration by the Council.
H. The Council finds that these proposed revisions to Article X of the City
Charter, regarding the Initiative and Referendum processes, update, simplify and improve
these processes and are for the benefit of the people of Fort Collins, and the Council
desires to present the repealed and reenacted Article X set forth below to the voters for
approval at the November 5, 2024, special municipal election.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Item 14.
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Section 1. That the repeal of Article X of the City Charter and the reenactment
of Article X of the City Charter as set forth below, shall be submitted to the registered
electors of the City as “Proposed Charter Amendment No. 3” at the special municipal
election to be held on Tuesday, November 5, 2024:
ARTICLE X. INITIATIVE AND REFERENDUM
Part I
Initiative
Section 1. The initiative.
(a) Power. The registered electors of the city have the power at their option to propose
ordinances or resolutions to the Council, and, if the Council fails to adopt a measure so
proposed, to adopt or reject such ordinance or resolution at the polls. The proce dure for
initiative must be as provided in this Article.
(b) Commencement of proceedings; notice. One (1) or more registered electors may
commence initiative proceedings by filing with the City Clerk a written notice of intent to
circulate an initiative petition. The notice commencing proceedings must contain the full
text of the proposed ordinance or resolution and state whether a special election is
requested.
Section 2. Petitions.
(a) Separate petitions required. A separate petition must be circulated and filed for each
measure sought to be initiated.
(b) Form and content.
(1) Adoption of form. The Council will prescribe by ordinance, upon
recommendation of the City Clerk, a general form of petition which will contain
warnings and notices to signers as necessary.
(2) Petition content.
a. The petition must be addressed to Council.
b. An initiative petition must contain a general statement of purpose
prepared by the City Clerk in consultation with the City Attorney to fairly and
accurately summarize the proposed ordinance or resolution, without argument
or prejudice, and indicating that the petition is to be circulated in support of the
initiated ordinance or resolution and specifying whether a special election is
requested.
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Item 14.
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c. The petition must designate by name and address three (3) registered
electors who will represent the signers of the petition in all matters affecting the
petition.
d. The petition must contain a full and accurate copy of the text of the initiative.
e. Each section of the petition must be individually numbered and contain no
less than thirty (30), and no more than one hundred (100) signature lines.
f. For each petition section, the circulator of the petition section must sign
under oath before a notary public the affidavit of circulator attached at the end
of the petition section. The affidavit must state the following:
(i) the circulator's address of residence;
(ii) that the circulator is eighteen (18) years of age or older;
(iii) that they personally circulated the section;
(iv) that each signature was affixed in the circulator's presence on the
date stated with such signature;
(v) that to the best of the circulator's knowledge and belief each signer
was at the time of signing a registered elector of the city;
(vi) that to the best of the circulator's knowledge and belief each
signature is the genuine signature of the person whose name it purports to
be;
(vii) that each signer had an opportunity before signing to read the full
text of the petition; and
(viii) that the circulator has not paid or offered to pay any money or other
thing of value to any signer for the purpose of inducing or causing the
signer to affix his or her signature to the petition.
(3) Approval of form for circulation.
a. No petition may be circulated until the City Clerk has approved the form
for circulation.
b. In considering whether to approve the form of a petition, the City Clerk
will evaluate whether the petition form contains all matters required under this
Article and only the matters required by this Article.
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c. The City Clerk's approval under this Section does not constitute an
approval of the content of the petition or its legality, but rather, starts the
running of the time periods provided for circulation and filing of petitions.
(c) Circulation of petition.
(1) To be valid, the petition must be circulated and signed in sections with each
section consisting of one (1) or more sheets securely fastened at the top, and
containing all required elements as described in Section 2(b)(2) of this Article.
(2) Only persons eighteen (18) years of age or older may circulate the petition for
signatures.
(3) The circulation of any petition by any medium other than personally by a
circulator is prohibited. No person may receive any compensation whatever for
signing an initiative petition.
(4) Only registered electors may sign the petitions authorized under this Article.
(5) Each signer must sign his or her own signature and each signature must be
followed by the printed name of the signer, the street and number address of his or
her residence, and the date of signing.
(6) No person may knowingly sign an initiative petition more than once.
(7) In the event that the signature of any person appears more than once on a
petition authorized under this Article, the first signature verified will be counted and
all other signatures of that person will be rejected.
(d) Number of signatures required.
(1) The petition must be signed by registered electors of the city equal in number
to at least ten (10) percent of the total ballots cast in the last regular city election.
(2) If a special election is requested by the petitioners, the petition must be signed
by registered electors equal in number to at least fifteen (15) percent of the total
ballots cast in the last regular city election.
(e) Petition deadlines and submittal.
(1) To be valid, the initiative petition must be filed no more than sixty-three (63)
days after the City Clerk's approval of the form for circulation.
(2) To be valid, all petition sections must be filed with the City Clerk together at the
same time and those sections submitted together will collectively constitute the
petition.
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(3) Any petition section the City Clerk reasonably determines has been
disassembled, whether or not it has been reassembled, will be deemed invalid.
(4) Upon submittal of a petition, the Clerk must not remove the signature of an
elector from the petition.
(5) An initiative petition must be filed with the City Clerk within the requisite time or
it will be deemed null and void.
(f) Examination of petition; protest; presentation.
(1) Within fifteen (15) business days of the filing of a petition the City Clerk will
ascertain by examination of the petition and the registration books whether the
petition is signed by the requisite number of registered electors and contains the
required particulars and affidavits.
(2) Any petition section the City Clerk reasonably determines has been
disassembled, whether or not it has been reassembled, will be deemed invalid.
(3) Upon submittal of a petition, the Clerk must not remove the signature of an
elector from the petition.
(4) The Clerk will issue publicly and provide to the petition representatives the
Clerk’s initial determination of petition sufficiency. If the petition is insufficient, the
City Clerk will so certify and forthwith notify all of the designated petition
representatives in writing, specifying the particulars of insufficiency.
(5) Protests.
a. Registered electors desiring to protest a determination by the City Clerk
that a petition is either sufficient or insufficient may file a written protest, under
oath, in the office of the City Clerk within seven (7) days of the City Clerk’s initial
determination as to petition sufficiency. The protest must set forth with
particularity the grounds of protest and any signatures and related defects in
form protested.
b. Upon the filing of a protest, the City Clerk will send a copy of the protest
to the designated petition representatives, the City Council and the City
Manager. The City Manager will appoint a hearing officer, who, in conjunction
with the City Clerk, will set a time for hearing such protest, which must be no
more than ten (10) business days after the filing of a protest.
c. At least five (5) business days prior to the hearing, the City Clerk will send
a notice of the date, time and location for the hearing and a copy of the protest
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to all of the designated petition representatives, the person(s) who filed the
protest, and the City Council.
d. All protest hearings will be before a hearing officer appointed by the City
Manager. The hearing officer will have the power to issue subpoenas to
compel the attendance of witnesses and the production of documents.
e. All records and hearings will be public, and all testimony must be under
oath.
f. The hearing will be summary in nature and concluded no later than twenty
(20) business days after the protest was filed.
g. The hearing officer must decide and certify the results of the hearing no
later than ten (10) business days after the hearing is concluded, and no further
protest regarding the petition may be filed.
h. The City Clerk will make any final determination regarding the sufficiency
or insufficiency of a petition and must base such determination on the protest
hearing results issued by the hearing officer.
(6) Certification and presentation to Council. When and if a petition is deemed
sufficient, whether following the sufficiency determination by the City Clerk in the
absence of a protest, or following protest proceedings, the City Clerk must so
certify and then present the certified petition t o the Council at the next regularly
scheduled meeting or special meeting called for this purpose. The City Clerk's
certificate will be the final determination as to the sufficiency of the petition.
Section 3. Action by Council.
(a) Upon presentation of an initiative petition certified as sufficient by the City Clerk, the
Council must within twenty-five (25) business days either (1) adopt the proposed
ordinance or resolution without alteration, or (2) submit such proposed measure, in the
form petitioned for, to the registered electors of the city as provided in this subsection.
(1) For a proposed measure that requires voter approval in advance under Article
X, Section 20 of the Colorado Constitution, the Council must submit the measure
to a vote of the registered electors. If the initiative petition proposing such a
measure requests a special election, the proposed measure must be submitted
to a vote of the registered electors on the first possible date permitted by Article
X, Section 20 of the Colorado Constitution. If a special election is not requested,
the proposed measure must be submitted to a vote of the registered electors at
the next regular city election or at the Council’s option, may be submitted to a vote
at an earlier special election that meets the constitutional requirements.
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(2) For a proposed measure that does not require voter approval in advance
under Article X, Section 20 of the Colorado Constitution, if not adopted by the
Council under alternative (1) above, the Council must submit the measure to a
vote of the registered electors at no later than the next regular or special city
election scheduled for any other purpose for which election process requirements
can be met. Alternatively, the Council may opt to call an earlier specia l election
for the specific purpose of submitting the initiated measure to the voters.
(3) If the initiative petition proposing such measure requests a special election,
the Council must submit the proposed measure to a vote of the registered electors
at the next November election for which the City is able to coordinate an election
with the Larimer County Clerk and Recorder, whether a special election or regular
City election.
(b) All ordinances submitted to the Council by initiative petition and adopte d by Council
without the vote of the electors are subject to the referendum in the same manner as
other ordinances.
Section 4. Council use of initiative.
The Council may submit any question or proposed ordinance or resolution to the vote of
the people at a regular or special election to be conducted in accordance with the
provisions of Article VIII, Section 2 of the Charter.
Section 5. Repeal or amendment of initiated measure.
An initiated measure submitted to the registered electors of the city by th e Council, with
or without a petition therefore, and adopted by electoral vote cannot be repealed or
amended except by a subsequent electoral vote. This provision does not apply to
ordinances or resolutions adopted by the City Council and referred to the voters.
Part II
Referendum
Section 6. The referendum.
(a) Power. The registered electors of the city have the power at their option to approve
or reject at the polls, any ordinance, or portion of ordinance, adopted by the Council,
except ordinances making the annual property tax levy, making the annual appropriat ion,
calling a special election, or ordering improvements initiated by petition and to be paid for
by special assessments.
(b) Commencement of proceedings.
(1) One (1) or more registered electors may commence referendum proceedings
by filing with the City Clerk no later than ten (10) days after final passage of the
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ordinance in question, a notice of protest against the going into effect of the
ordinance. The notice must be brief and need not state any reasons, but must
identify the ordinance or part thereof, or code section it proposes to have repealed.
(2) Within ten (10) days after the filing of the notice, the proponents must present
to the City Clerk the final form for the referendum petition conforming to the
requirements of the Article.
Section 7. Petitions.
(a) Separate petitions required. A separate petition will be circulated and filed for each
measure sought to be initiated.
(b) Form and content.
(1) Adoption of form. The Council will prescribe by ordinance, upon
recommendation of the City Clerk, a general form of petition which must contain
warnings and notices to signers as necessary.
(2) Petition content.
a. The petition must be addressed to Council.
b. A referendum petition must contain a general statement of purpose
prepared by the City Clerk in consultation with the City Attorney to fairly and
accurately summarize the ordinance or part thereof sought to be referred,
without argument or prejudice, and indicating that the petition is to be
circulated in support of the referendum.
c. The petition must designate by name and address three (3) registered
electors who will represent the signers of the petition in all matters affecting
the petition.
d. The petition must contain a full and accurate copy of the of the ordinance
sought to referred, without any exhibits that may be a part of said ordinance,
clearly identifying the protested portions if only a partial repeal is sought. In
the case of an ordinance exceeding two (2) pages in length, a fair and
accurate summary of the ordinance, prepared by the City Clerk in
consultation with the City Attorney will replace said ordinance.
e. Each section of the petition must be individually numbered and must
contain no less than thirty (30), and no more than one hundred (100),
signature lines.
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f. For each petition section, the circulator of the petition section must sign
under oath before a notary public the affidavit of circulator attached at the
end of the petition section. The affidavit must state the following:
(i) the circulator's address of residence;
(ii) that the circulator is eighteen (18) years of age or older;
(iii) that they personally circulated the section;
(iv) that each signature was affixed in the circulator's presence on the
date stated with such signature;
(v) that to the best of the circulator's knowledge and belief each signer
was at the time of signing a registered elector of the city;
(vi) that to the best of the circulator's knowledge and belief each
signature is the genuine signature of the person whose name it purports
to be;
(vii) that each signer had an opportunity before signing to read the full
text of the petition; and
(viii) that the circulator has not paid or offered to pay any money or other
thing of value to any signer for the purpose of inducing or causing the
signer to affix his or her signature to the petition.
(3) Approval of form for circulation.
a. A petition must not be circulated until the City Clerk has approved the
form for circulation.
b. The City Clerk will first determine that the petition form contains all
matters required by this Article and only the matters required by this Article.
c. The City Clerk's approval under this Section does not constitute an
approval of the content of the petition or its legality, but rather, will start the
running of the time periods provided for circulation and filing of a referendum
petition.
(c) Circulation of petition.
(1) The petition may be circulated and signed in sections with each section
consisting of one (1) or more sheets securely fastened at the top, and containing
all required elements as described in Section 2(b)(2) of this Article.
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(2) Only persons eighteen (18) years of age or older may circulate the petition
for signatures.
(3) The circulation of any petition by any medium other than personally by a
circulator is prohibited. No person may receive any compensation whatever for
signing a referendum petition.
(4) Only registered electors may sign the petitions authorized under this Article.
(5) Each signer must sign his or her own signature and each signature must be
followed by the printed name of the signer, the street and number address of his
or her residence, and the date of signing.
(6) No person may knowingly sign a referendum petition more than once.
(7) In the event that the signature of any person appears more than once on a
petition authorized under this Article, the first signature verified will be counted and
all other signatures of that person will be rejected.
(d) Number of signatures required. The petition must be signed by registered electors
of the city equal in number to at least ten (10) percent of the total ballots cast in the last
regular city election.
(e) Petition deadlines and submittal.
(1) The petition must be filed no more than twenty-one (21) days after the City
Clerk's approval of the form for circulation.
(2) All petition sections must be filed with the City Clerk together at the same time
and will collectively constitute the petition.
(3) Any petition section the City Clerk reasonably determines has been
disassembled, whether or not it has been reassembled, will be deemed invalid.
(4) Upon submittal of a petition, the Clerk must not remove the signature of an
elector from the petition.
(5) A referendum petition must be filed with the City Clerk within the requisite
time or it will be deemed null and void.
(f) Examination of petition; protest; presentation.
(1) Within fifteen (15) business days of the filing of a petition the City Cle rk will
ascertain by examination of the petition and the registration books whether the
petition is signed by the requisite number of registered electors and contains the
required particulars and affidavits.
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(2) Any petition section the City Clerk reasonably determines has been
disassembled, whether or not it has been reassembled, will be deemed invalid.
(3) Upon submittal of a petition, the Clerk must not remove the signature of an
elector from the petition.
(4) The Clerk will issue publicly and provide to the petition representatives the
Clerk’s initial determination of petition sufficiency. If the petition is insufficient, the
City Clerk will so certify and forthwith notify all of the designated petition
representatives in writing, specifying the particulars of insufficiency.
(5) Protests.
a. Registered electors desiring to protest a determination by the City Clerk
that a petition is either sufficient or insufficient may file a written protest, under
oath, in the office of the City Clerk within seven (7) days of the City Clerk’s
initial determination as to sufficiency of the petition. The protest must set forth
with particularity the grounds of protest and any signatures and related
defects in form protested.
b. Upon the filing of a protest, the City Clerk will send a copy of the protest
to the designated petition representatives, the City Council and the City
Manager. The City Manager will appoint a hearing officer, who, in conjunction
with the City Clerk, will set a time for hearing such protest, which must be no
more than ten (10) business days after the filing of a protest.
c. At least five (5) business days prior to the hearing, the City Clerk will
send a notice of the date, time and location for the hearing and a copy of the
protest to all of the designated petition representatives, th e person(s) who
filed the protest, and the City Council.
d. All protest hearings will be before a hearing officer appointed by the City
Manager. The hearing officer will have the power to issue subpoenas to
compel the attendance of witnesses and the production of documents.
e. All records and hearings will be public, and all testimony must be under
oath.
f. The hearing will be summary in nature and concluded no later than twenty
(20) business days after the protest was filed.
g. The hearing officer must decide and certify the results of the hearing no
later than ten (10) business days after the hearing is concluded, and no
further protest regarding the petition may be filed.
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h. The City Clerk will make any final determination regarding the sufficiency
or insufficiency of a petition and must base such determination on the protest
hearing results issued by the hearing officer.
(6) Certification and presentation to Council. When and if a petition is deemed
sufficient, whether following the sufficiency determination by the City Clerk in the
absence of a protest, or following protest proceedings, the City Clerk must so
certify and then present the certified petition to the Council at the next regularly
scheduled meeting or special meeting called for this purpose. The City Clerk's
certificate will be the final determination as to the sufficiency of the petition.
Section 8. Action by Council.
(a) The City Clerk's certification of a petition as sufficient for referendum automatically
suspends the operation of the ordinance in question, or portion sought to be repealed,
pending repeal by Council or final determination by the electors.
(b) Following receipt of the City Clerk’s certification of a petition as sufficient for
referendum, the Council must either refer the ordinance or portion thereof that is the
subject of the petition to the voters, as set forth below, or reconsider the ordinance at the
next regular meeting of the Council, or at an earlier special meeting of the Council called
for this purpose, and adopt an ordinance to repeal the ordinance in question, or part
sought to be repealed, on first reading, with second reading at the next regular meeting.
(c) If the ordinance, or that part sought to be repealed, is not repealed, the Council must
refer the same to a vote of the registered electors at no later than the next regular or
special city election scheduled for any other purpose for which election process
requirements can be met. Alternatively, the Council may opt to call an earlier special
election for the specific purpose of submitting the referred measure to the voters.
Section 9. Council use of referendum.
The Council may refer any adopted ordinance or resolution, to the vote of the people at
a regular or special election to be conducted in accordance with the provisions of Article
VIII of the Charter.
Part III
In General
Section 10. Elections.
(a) Generally. Elections on initiative and referendum measures must be conducted in
the same manner as provided generally for regular or special city elections in this Charter.
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(b) Ballot text. Upon ordering an election on any initiative or referendum measur e, the
Council must, after public hearing, adopt by resolution a ballot title and submission clause
for each measure. The ballot title must contain information identifying the measure as a
city initiated or referred measure or a citizen initiated or referred measure. The submission
clause must be brief, must not conflict with those selected for any petition previously filed
for the same election, and must unambiguously state the principle of the provision sought
to be considered. The official ballot used wh en voting upon each proposed or referred
measure must have printed on it the ballot title and submission clause and contain the
words, "Yes/For" and "No/Against" in response to each measure.
(c) Publication; notice of election.
(1) Initiative. An initiated measure being considered for adoption by Council must
be published as part of the appropriate Council meeting agenda in like manner as
other proposed ordinances and resolutions. If the initiated measure is submitted to
a vote of the people, the City Clerk must publish a notice of election in conformity
with the laws of the State of Colorado relating to municipal elections, together with
the ballot title, submission clause and full text of the proposed ordinance or
resolution. The text of a successful initiative measure need not be published in full
after the election.
(2) Referendum. If the referred measure is to be submitted to a vote of the
people, the City Clerk must publish a notice of election in conformity with the laws of
the State of Colorado relating to municipal elections, together with the ballot title,
submission clause and full text of the referred ordinance, specifying the portion to
be referred if only a portion of the ordinance has been referred. If the ordinance in
question exceeds two (2) pages in length, the summary from the petition may be
published in place of the full text. The City Clerk will make the full text of a referred
ordinance, together with all exhibits, generally available to the public. The full text of
an ordinance passed on referendum need not be published after the election.
(d) Election results. If a majority of the registered electors voting on the initiated
measure vote in favor, the measure is adopted as an ordinance or resolution of the city
upon certification of the election results. If a majority of the registered electors voting on
a referred ordinance, vote in favor of the referred ordinance, or referred portion of the
ordinance, such referred ordinance or portion thereof will go into effect without further
publication upon certification of the election results, or at such later date as may be set
forth in the ordinance itself. If the provisions of two (2) or more proposed or referred
measures adopted or approved at the same election conflict, the measure receiving the
highest affirmative vote will become effective.
(e) Frequency of elections. Any number of proposed ordinances or resolutions or
referred ordinances may be submitted at the same election.
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Section 11. Computation of time.
(a) Except when business days are specified, all computations of time made under the
provisions of this article will be based on calendar days.
(b) Except when computing business days, Saturdays, Sundays, City holidays and days
City Hall is closed for business for a full or partial day due to inclement weather or other
emergency circumstances will be included, but, if the time for any act to be done or the
last day of any period is a Saturday, Sunday, City holiday or day City Hall is closed for
business for a full or partial day due to inclement weather or other emergency
circumstances, the period is extended to include the next day that is not a Saturday,
Sunday, or City holiday.
(c) In computing time for any act to be done before any regular or special election, the
first day will be included, and the last or election day will be excluded.
(d) If the time for an act to be done under this article is referred to in business days, the
time will be computed by excluding Saturdays, Sundays, City holidays, and any day City
Hall is closed for business for a full or partial day due to inc lement weather or other
emergency circumstances.
(e) If a provision requires doing an act in "not less than" or "no later than" or "at least" a
certain number of days or "prior to" a certain number of days or a certain number of
months "before" the date of an election, or any phrase that suggests a similar meaning,
if that period would end on a Saturday, Sunday or City holiday, it will instead shift to end
on the prior business day that is not a Saturday, Sunday, or City holiday. If the period
ends on a day City Hall is closed for business for a full or partial day due to inclement
weather or other emergency circumstances, the period will end on the next business day
on which City Hall is open for business.
(f) Except when otherwise specified, an act must be completed by 5:00 p.m. Mountain
time on the last day for that action.
Section 12. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent
with this Charter and the Colorado Constitution in order to carry out the provisions of this
Article.
Section 2. That the following ballot title and submission clause are hereby
adopted for submitting Proposed Charter Amendment No. 3 to the voters at said election:
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CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 3
Shall Article X of the Charter of the City of Fort Collins, regarding the initiative
process and referendum process, be repealed and reenacted in the form set forth
in Ordinance No. 096, 2024, which makes edits for clarity and consistency and:
Clarifies the usage of the term “shall” by replacing with “will,” “must” or other
appropriate language;
modernizes the language to be more inclusive by removing he/she language;
revises and reorganizes Article X to be simpler and easier to follow;
makes the City Clerk responsible for preparing a general statement for
inclusion in a petition and limits requirement to include entire ordinance in each
petition section;
increases time for City Clerk petition review and scheduling protests;
simplifies review process and removes technical “cure” provision to conform to
Municipal Election Code;
tightens timeframe for protest hearing and decision;
requires Council to set initiative measures for vote at next timely November
election;
requires Council to set referendum measure for vote no later than next regular
or special municipal election; and
adds rules for computation of time and consistent deadline timeframes?
______Yes/For
______No/Against
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Carrie Daggett
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ARTICLE X. INITIATIVE AND REFERENDUM
Fort Collins, Colorado, Municipal Code Created: 2024-02-29 10:33:05 [EST]
(Supp. No. 148, Update 1)
Page 1 of 7
ARTICLE X. INITIATIVE AND REFERENDUM
Section 1. The initiative.
(a) Power. The registered electors of the city shall have the power at their option to propose ordinances or
resolutions to the Council, and, if the Council fails to adopt a measure so proposed, to adopt or reject such
ordinance or resolution at the polls. The procedure for initiative shall be as provided in this Article.
(b) Commencement of proceedings; notice. One (1) or more registered electors may commence initiative
proceedings by filing with the City Clerk a written notice of intent to circulate an initiative petition. The
notice commencing proceedings shall contain the full text of the proposed ordinance or resolution and shall
state whether a special election is requested. After such notice has been filed, the City Clerk shall approve
the petition for circulation in accordance with Section 5(b) of this Article. The petition shall be circulated,
signed, verified, and filed in the manner prescribed in Section 5 of this Article.
(c) Number of signatures required. The petition must be signed by registered electors of the city equal in
number to at least ten (10) percent of the total ballots cast in the last regular city election, except when a
special election is requested by the petitioners, the petition must be signed by registered electors equal in
number to at least fifteen (15) percent of the total ballots cast in the last regular city election.
(d) Petition deadlines. The initiative petition shall be filed no more than sixty (60) days after the City Clerk's
approval of the form for circulation. Unless a special election is requested, the petition must also be filed at
least ninety (90) days prior to the next regular city election. If the petition requests a special election in
conjunction with a Larimer County Coordinated or General Election, the City Clerk shall establish a submittal
deadline for the petition that will enable the measure to be considered at such election, which deadline sha ll
be consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct of such
elections, and, if applicable, with Article X, Section 20 of the Colorado Constitution, and shall advise the
petition representatives in writing as to the submittal deadline.
(e) Action by Council. Upon presentation of an initiative petition certified as sufficient by the City Clerk, the
Council shall either (1) adopt the proposed ordinance or resolution without alteration within thirty (30) days,
or (2) submit such proposed measure, in the form petitioned for, to the registered electors of the city;
provided, however, that if the proposed measure requires voter approval in advance under Article X, Section
20 of the Colorado Constitution, alternative (1) above shall not be available to the Council and the proposed
measure shall instead be submitted to a vote of the registered electors. If the initiative petition proposing
such a measure requests a special election, the proposed measure shall be submi tted to a vote of the
registered electors on the first possible date permitted by Article X, Section 20 of the Colorado Constitution.
If a special election is not requested, the proposed measure shall be submitted to a vote of the registered
electors at the next regular city election. In the case of a proposed measure that does not require voter
approval in advance under Article X, Section 20 of the Colorado Constitution, the proposed measure, if not
adopted by the Council under alternative (1) above, shall be submitted to a vote of the registered electors at
the next regular city election or, if the initiative petition proposing such measure requests a special election,
the proposed measure shall be submitted to a vote of the registered electors at a specia l election to be
called by the Council within one hundred twenty (120) days of the presentation of the certified petition to
the Council, unless any other regular or special city election is to occur within said period, in which case the
proposed measure shall be submitted at such other regular or special city election. All ordinances submitted
to the Council by initiative petition and adopted by Council without the vote of the electors shall be subject
to the referendum in the same manner as other ordinances.
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(Ord. No. 6, 1980, 1-16-80, approved, election 2-26-80; Res. No. 83-22, 1-18-83, approved, election 3-8-83; Ord.
No. 199, 1986, § 1, Part B, § 1, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86,
approved, election 3-3-87; Ord. No. 21, 1993, § 1, 2-16-93, approved, election 4-6-93; Ord. No. 11, 1997, § 1, 2-4-
97, approved, election 4-8-97; Ord. No. 127, 1999, § 1, 8-17-99, approved, election 11-2-99; Ord. No. 101, 2002, §
1, 8-20-02, approved, election 11-5-02; Ord. No. 004, 2015, § 1, 1-20-15, approved, election of 4-7-15 )
Section 2. The referendum.
(a) Power. The registered electors of the city shall have the power at their option to approve or reject at the
polls, any ordinance, or portion of ordinance, adopted by the Council, except ordinances making the annual
property tax levy, making the annual appropriation, calling a special election, or ordering improvements
initiated by petition and to be paid for by special assessments.
(b) Commencement of proceedings.
(1) One (1) or more registered electors may commence referendum proceedings by filing with t he City
Clerk within ten (10) days after final passage of the ordinance in question, a notice of protest against
the going into effect of the ordinance. The notice shall be brief and need not state any reasons, but
shall identify the ordinance or part thereof, or code section it proposes to have repealed.
(2) Not later than ten (10) days after the filing of the notice, the proponents shall present to the City Clerk
the final form for the referendum petition conforming to the requirements of the Article.
(3) If the notice and petition form are timely presented, the City Clerk shall approve the petition form for
circulation, in accordance with Section 5(b) of this Article.
(4) The petition shall be circulated, signed, verified, and filed in the manner prescribed by Section 5 of this
Article.
(c) Number of signatures required. The petition must be signed by registered electors of the city equal in
number to at least ten (10) percent of the total ballots cast in the last regular city election.
(d) Petition deadlines. The referendum petition shall be filed within twenty (20) days after the City Clerk's
approval of the petition for circulation. If a completed petition is not subsequently filed within the requisite
time after the City Clerk's approval of the petition for circulation, the referendum effort is null and void and
the petition shall not be circulated further.
(e) Action by Council.
(1) The City Clerk's certification of a petition as sufficient for referendum automatically suspends the
operation of the ordinance in question pending repeal by Council or final determination by the
electors.
(2) The Council shall reconsider the ordinance at the next regular meeting of the Council, or at an earlier
special meeting of the Council called for this purpose, following the receipt of the certification of the
petition by the City Clerk, and shall adopt an ordinance to repeal the ordinance in question, or part
sought to be repealed, on first reading, with second reading no later than the next regular meeting.
(3) If the ordinance, or that part sought to be repealed, is not repealed by final action on such repealing
ordinance, the Council must refer the same to a vote of the registered electors at the next regular or
special city election scheduled for any other purpose. Alternatively, the Council may call a special
election for that specific purpose.
(Ord. No. 6, 1980, 1-16-80, approved, election 2-26-80; Ord. No. 199, 1986, § 1, Part B, § 2, 12-16-86, approved,
election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86, approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-
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Item 14.
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(Supp. No. 148, Update 1)
Page 3 of 7
97, approved, election 4-8-97; Ord. No. 127, 1999, § 1, 8-17-99, approved, election 11-2-99; Ord. No. 102, 2023 , §
2, 8-15-23, approved, election 11-7-23)
Section 3. Council use of initiative and referendum.
The Council may submit any question or proposed ordinance or resolution, or refer any adopted ordinance or
resolution, to the vote of the people at a regular or special election in the same manner and with the same force
and effect as is provided for citizen initiated and referred measures.
(Ord. No. 6, 1980, 1-16-80, approved, election 2-26-80; Res. No. 83-22, 1-18-83, approved, election 3-8-83; Ord.
No. 199, 1986, § 1, Part B, § 3, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86,
approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-97, approved, election 4-8-97)
Section 4. Repeal or amendment of initiated measure.
An initiated measure submitted to the registered electors of the city by the Council, with or without a petition
therefor, and adopted by electoral vote cannot be repealed or amended except by a subsequent electoral vote.
This provision shall not apply to ordinances or resolutions adopted by the City Council and referred to the voters.
(Ord. No. 11, 1997, § 1, 2-4-97, approved, election 4-8-97)
Section 5. Petitions.
(a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be
initiated or referred to the vote of the electors.
(b) Form and content.
(1) Approval of form for circulation.
a. No petition shall be circulated until the City Clerk has approved the form for circulation.
b. The City Clerk shall first determine that the petition form contains only the matters required by
this Article.
c. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a general form
of petition which shall contain warnings and notices to signers as necessary.
d. The City Clerk's approval under this Section shall not constitute an approval of the content of the
petition, but rather, shall start the running of the time periods provided for circulation and filing
of petitions.
(2) Petition content.
a. The petition shall be addressed to Council.
b. An initiative petition shall contain or have attached to each section throughout its circulation the
full text of the proposed ordinance or resolution and shall contain a general statement of
purpose fairly and accurately summarizing the proposed ordinance or resolution, indicating that
the petition is to be circulated in support of the initiated ordinance or resolution and specifying
whether a special election is requested.
c. A referendum petition shall contain or have attached to each section throughout its circulation
the full text of the ordinance sought to be referred, clearly identifying the protested portions if
only a partial repeal is sought. In the case of bond ordinances, the full text of the ordinance need
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(Supp. No. 148, Update 1)
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not be set forth but the petition shall contain or have attached to each section throughout its
circulation the title and summary of the ordinance in question as prepared by the City Clerk.
(3) Signatures.
a. Only registered electors may sign the petitions authorized under this Article.
b. Each signer must sign his or her own signature and each signature shall be followed by the
printed name of the signer, the street and number address of his or her residence, and the date
of signing.
c. No person shall knowingly sign an initiative or referendum petition more than once.
d. In the event that the signature of any person appears more than once on a petition authorized
under this Article, the first signature verified shall be counted and all other signatures of that
person shall be rejected.
(c) Circulation of petition.
(1) The petition may be circulated and signed in sections with each section consisting of one (1) or more
sheets securely fastened at the top, provided that each section contains a full and accurate copy of the
text of the petition and the names and addresses of the designated representatives for the petition.
(2) All sections shall be filed as one (1) instrument.
(3) Only persons eighteen (18) years of age or older may circulate the petition for signatures.
(4) The circulation of any petition by any medium other than perso nally by a circulator is prohibited. No
person shall receive any compensation whatever for signing an initiative or referendum petition.
(d) Affidavit of circulator.
(1) A circulator shall attach to each section of the petition circulated an affidavit si gned by the circulator
under oath before a notary public stating the following:
(i) the circulator's address of residence;
(ii) that the circulator is eighteen (18) years of age or older;
(iii) that he or she personally circulated the section;
(iv) that each signature was affixed in the circulator's presence;
(v) that to the best of the circulator's knowledge and belief each signer was at the time of signing a
registered elector of the city;
(vi) that to the best of the circulator's knowledge and belief each signature is the genuine signature
of the person whose name it purports to be;
(vii) that each signer had an opportunity before signing to read the full text of the petition; and
(viii) that the circulator has not paid or offered to pay any money or other thing of value to any signer
for the purpose of inducing or causing the signer to affix his or her signature to the petition.
(2) A petition verified by the valid affidavits of its circulators in each of its sections shall be prima facie
evidence that the signatures thereon are genuine and true.
(e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk
within the requisite time limits or they will be deemed null and void. Each petition shall designate by name
and address not less than three (3) nor more than five (5) registered electors who shall represent the signers
of the petition in all matters affecting the petition.
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(f) Sufficiency of petition.
(1) Examination. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by
examination of the petition and the registration books whether the p etition is signed by the requisite
number of registered electors and contains the required particulars and affidavits. If the petition is
insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition
representatives in writing, specifying the particulars of insufficiency.
(2) Insufficient petition; amendment.
(i) If an initiative petition is deemed insufficient, whether following the initial determination by the
City Clerk, or following protest proceedings, it may be amended by the submission of additional
signatures collected after the City Clerk approved the form of the petition and within fifteen (15)
days from the filing of the Clerk's certificate of insufficiency.
(A) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(B) Within five (5) working days after such amendment, the City Clerk shall make examination
of the amended petition and certify the result.
(C) If the amended petition is still insufficient, or if no amendment was made before the
expiration of the time permitted for amendment, the petition shall be null and void
without prejudice to the filing of a new petition for the same purpose.
(ii) If a referendum petition is deemed insufficient, it may be amended by the submission of
additional signatures collected consistent with the requirements of this Article, but to be
considered, any additional signatures must be submitted within the twenty -day circulation period
after the City Clerk's approval of the petition form for circulation.
(A) Such signatures must be collected consistent with the requirements for collecting petition
signatures as described in this Article.
(B) Within five (5) days after such amendment, the City Clerk shall make like examination of
the amended petition and certify the result.
(C) If the amended petition is still insufficient, or if no amendment was made before the
expiration of the time permitted for amendment, said referendum petition is null and void
and a new petition may not thereafter be filed for referendum of the same ordinance.
(3) Protests.
(i) Registered electors desiring to protest a determination by the City Clerk that a petition is either
sufficient or insufficient may file a written protest, under oath, in the office of the City Clerk
within ten (10) days of the filing of the petition. The protest shall set forth with particularity the
grounds of protest and the names and defects in form protested.
(ii) Upon the filing of a protest, t he City Clerk shall set a time for hearing such protest, which shall be
no more than seven (7) days thereafter.
(iii) At least five (5) days prior to the hearing, the City Clerk shall mail a copy of the protest to all of
the designated petition representatives together with a notice of the time for hearing.
(iv) All hearings shall be before a hearing officer appointed by the City Manager who shall have the
power to issue subpoenas to compel the attendance of witnesses and the production of
documents.
(v) All records and hearings shall be public, and all testimony shall be under oath.
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(vi) The hearing shall be summary in nature and concluded within thirty (30) days after the petition
was filed.
(vii) The hearing officer shall decide and certify the results of the hearing within ten (10) days after
the hearing is concluded, and no further protest regarding the petition may be filed.
(viii)The City Clerk shall make any final determination regarding the sufficiency or insufficiency of
a petition and shall base such determination on the protest hearing results certified by the
hearing officer.
(ix) A petition for referendum which has been deemed insufficient after protest may not be amended
or circulated further and no further protest regarding the petition may be filed.
(4) Certification and presentation to Council. When and if a petition or amended petition is deemed
sufficient, whether following the sufficiency determination by the City Clerk in the absence of a
protest, or following protest proceedings, the City Clerk shall so certify and then present the certified
petition to the Council at the next regularly scheduled meeting or special meeting called for this
purpose. The City Clerk's certificate shall then be a final determination as to the sufficienc y of the
petition.
(Res. No. 83-22, 1-18-83, approved, election 3-8-83; Ord. No. 199, 1986, § 1, Part B, § 4, 12-16-86, approved,
election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86, approved, election 3-3-87; Ord. No. 158, 1988, 12-20-88,
approved, election 3-7-89; Ord. No. 21, 1993, § 1, 2-16-93, approved, election 4-6-93; Ord. No. 11, 1997, § 1, 2-4-
97, approved, election 4-8-97; Ord. No. 88, 2000, § 1, 8-15-00, approved, election 11-7-00; Ord. No. 004, 2015, § 1,
1-20-15, approved, election of 4-7-15 ; Ord. No. 102, 2023 , § 2, 8-15-23, approved, election 11-7-23)
Section 6. Elections.
(a) Generally. Elections on initiative and referendum measures shall be conducted in the same manner as
provided generally for regular or special city elections in this Charter.
(b) Ballots. Upon ordering an election on any initiative or referendum measure, the Council shall, after public
hearing, adopt by resolution a ballot title and submission clause for each measure. The ballot title shall
contain information identifying the measure as a city initiated or citizen initiated measure. The submission
clause shall be brief, shall not conflict with those selected for any petition previously filed for the same
election, and shall unambiguously state the principle of the provision sought to be added. The official ballot
used when voting upon each proposed or referred measure shall have printed on it the ballot title and
submission clause and shall contain the words, "Yes/For" and "No/Against" in response to each measure.
(c) Publication; notice of election.
(1) Initiative. An initiated measure being considered for adoption by Council shall be published in like
manner as other proposed ordinances and resolutions. If the initiated measure is submitted to a vote
of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State o f
Colorado relating to municipal elections, together with the ballot title, submission clause and full text
of the proposed ordinance or resolution. The text of a successful initiative measure need not be
published in full after the election.
(2) Referendum. If the referred measure is to be submitted to a vote of the people, the City Clerk shall
publish a notice of election in conformity with the laws of the State of Colorado relating to municipal
elections, together with the ballot title, submission claus e and full text of the referred ordinance. If the
ordinance in question is a bond ordinance, the summary from the petition may be published in place of
the full text. The full text of an ordinance passed on referendum need not be published after the
election.
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(d) Election results. If a majority of the registered electors voting on the initiated measure vote in favor, the
measure is adopted as an ordinance or resolution of the city upon certification of the election results. If a
majority of the registered electors voting on a referred ordinance, vote in favor of the ordinance, the
ordinance shall go into effect without further publication upon certification of the election results, or at such
later date as may be set forth in the ordinance itself. If the provisions of two (2) or more proposed or
referred measures adopted or approved at the same election conflict, the measure receiving the highest
affirmative vote shall become effective.
(e) Frequency of elections. Any number of proposed ordinances or resolu tions or referred ordinances may be
submitted at the same election. Not more than one (1) special election on citizen -initiated measures shall be
held in any twelve (12) months. This limitation does not apply to the Council which on its own motion may at
any time call a special election for the purpose of considering any measure initiated, or adopted and
referred, by the Council.
(Res. No. 83-22, 1-18-83, approved, election 3-8-83; Ord. No. 199, 1986, § 1, Part B, § 5, 12-16-86, approved,
election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86, approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-
97, approved, election 4-8-97; Ord. No. 004, 2015, § 1, 1-20-15, approved, election of 4-7-15 )
Section 7. Further regulations.
The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
(Res. No. 83-22, 1-18-83, approved, election 3-8-83; Ord. No. 199, 1986, § 1, Part B, § 6, 12-16-86, approved,
election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86, approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-
97, approved, election 4-8-97)
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 8
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jerrod Kinsman, Lieutenant, Police Services Special Operations Division
Mike Avrech, Sergeant, Police Services Traffic Unit
Tyler Stamey, City Traffic Engineer
Dylan Lewan, Analyst I, GIS, Information Services
Dawn Downs, Managing Attorney
Patty Netherton, Municipal Court Administrator
SUBJECT
Items related to Traffic Safety Initiative – Automated Vehicle Identification System (AVIS) Corridors.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 097, 2024, Amending the Fort Collins Traffic Code to Implement a New
Automated Vehicle Identification System (AVIS) to Replace the Previously-Approved AVIS to Support the
Traffic Safety Initiative.
B. First Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort Collins Traffic
Code Section 1106.
C. First Reading of Ordinance No. 099, 2024, Making Supplemental Appropriations to Support Additional
Staffing and Expenses for Implementation of the Automated Vehicle Identification System Traffic Safety
Initiative.
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 r educing injury
crashes.
STAFF RECOMMENDATION
Staff recommends adoption of all Ordinances on the First Reading.
BACKGROUND / DISCUSSION
This initiative 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
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 8
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 is to adopt changes to Municipal Traffic Code 615 and 1106.
Designated "speed corridors" will be identified 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, Council will need to appropriate funds to increase personnel at the CAO and Municipal
Court starting in 2024 and continuing through 2025 and for PDT starting in 2025.
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 intersection s 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 appropriation will fund essential FTE’s in Municipal Court and the City Attorney’s Office along with
temporary positions to help manage the initial extreme influx of cases. in 2024. This appropriation will be
fully funded through traffic safety revenue in the Redlight Camera Fund within the General Fund collected
from existing AVIS. The projected future equipment, operating costs, and personnel will be supported by
the additional AVIS and Speed Corridor Ordinance items that are being considered by Council to support
the Traffic Safety Initiative.
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
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 8
Ordinance update
To establish the use of unmanned speed enforcement or AVIS, an update to existing ordinance is required.
Changes to City Ordinance 615 and 1106 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, Council is being asked to adopt
designated speed corridors through an ordinance based on data collected within the past five years but
not to exceed five years. Staff 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 Council to designate by ordinance 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 city staff responsible for responding to and addressing roadway safety. The two tiers being
recommended 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 asking Council to adopt both tier 1 and tier 2 corridors as
they support the need for additional speed enforcement due to higher volumes of driving behaviors which
contribute to injury and fatal crashes.
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City Council Agenda Item Summary – City of Fort Collins Page 4 of 8
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 transportable
systems are added to traffic safety operations totaling $17,000 a month with total systems additions being
$564,000 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.
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City Council Agenda Item Summary – City of Fort Collins Page 5 of 8
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.
2024 total equipment costs are estimated to be $235,000.
2025 and future projected ongoing equipment costs are estimated to be $564,000.
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 from the updated corridor related Traffic Safety Initiative
ordinances will support the additional personnel requested by Municipal Court and the City Attorney’s
Office and PDT. 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.
Proposed Personnel Costs:
2024 Personnel costs to support speed corridor and automated enforcement for the city consist of the
following proposed positions.
(2) Full-time municipal court clerks $67,696 (Municipal Court)
(1) City Attorney and (1) Legal Assistant $142,774 (City Attorney’s Office)
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) Municipal Court $24,904
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) City Attorney’s Office $179,112
o Total personnel cost expansion funded by automated enforcement $414,486
2025 and ongoing personnel costs
(2) Full-time municipal court clerks $154,285 (Municipal Court)
(1) City Attorney and (1) Legal Assistant $253,142 (City Attorney’s Office)
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) Municipal Court $58,864
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) City Attorney’s Office $258,902
(1) Vision Zero Coordinator (PDT) $130,713
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City Council Agenda Item Summary – City of Fort Collins Page 6 of 8
(1) Network Engineer (PDT) $117,072
o Total personnel cost expansion funded by automated enforcement $972,978
Staff has also requested under a separate item on this agenda that Council appropriate funds to support
Municipal Court and City Attorney’s Office staffing to absorb traffic enforcement and AVIS expansions
implemented in late 2023-early 2024.
Anticipated Traffic Safety Revenue and Appropriation of Funds
Staff is requesting for Council to appropriate $649,486 from the Redlight Camera Fund within the General
Fund, generated by these new Ordinances, to fund necessary FTE positions, equipment, and program
costs for Municipal Court, City Attorney’s Office and Police Services for 2024 to support adopting
ordinances for automated enforcement of speeding violations in areas where the City designates as speed
corridors.
The future revenue generated by AVIS will be dedicated to support traffic safety related programs,
equipment, and personnel.
The current Redlight Camera Fund within the General Fund balance is $1,082,000 and is currently used
to support municipal court and PDT. Activating red-light locations into speed camera locations would
generate and estimated additional $2,166,000 and develop an estimated Redlight Camera Fund within the
General Fund balance for 2024 of $2,124,392 if activated by August of 2024, fund balance for 2025 of
$3,3478,637 and for 2026 a balance of $,4,882,461.
Recommendation:
Staff recommends the following regarding the Traffic Safety Initiative for AVIS.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 7 of 8
Adopt on first reading the Ordinance Repealing and Reenacting Municipal Traffic Code Sections 615
and 1106
Adopt on first reading the Ordinance Designating Speed Corridor Locations
Adopt on first reading the Ordinance Appropriating Funds in the Redlight Camera Fund within the
General Fund to Support Additional Staffing and Expenses for Implementation of the AVIS in 2024
Previous Council Direction
At Council work session on May 28, 2024, Council provided direction to move forward with this initiative as
soon as practical and adopt all ordinances, both corridor tiers and appropriation of funds to support the
program costs and recommended staffing increases for Municipal Court and the City Attorney’s Office
(starting in 2024 and continuing through 2025) and PDT (starting in 2025).
CITY FINANCIAL IMPACTS
The financial impact will be to increase the current contract with the AVIS vendor the City is under contract
with currently to include speed enforcement at all red-light camera locations and add two transportable
automated speed enforcement units. In addition, funding the requested staffing to support the City
Attorney’s Office, Municipal Court and PDT. No additional funding is requested from Council as all aspects
of this initiative are to be funded directly from the Redlight Camera Fund within the General Fund if the
proposed ordinances and corridor designation are adopted.
In 2024 the financial impact is approximately $649,486 needed to support the equipment, operating costs,
and personnel of AVIS Speed Corridors. Municipal Court will receive $92,600 for personnel, the City
Attorney’s office will receive $321,886 for personnel and Police Services will receive $235,000 for
equipment.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
There are no board, commission or committee recommendations. Council requested this be presented for
first reading without directing initiative through additional review.
PUBLIC OUTREACH
A thorough public outreach will occur once ordinances are adopted, and appropriations are made for
expansion of the AVIS program. This involves 30 days public notice of corridor locations once posted, then
30 days of warnings for detected violations. Adoption of this initiative will also require public feedback of
data focused on providing the number of citations issued in each area, ongoing feedback on the number
of injury and fatal crashes after systems are fully operationalized and on a every other year basis to council
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City Council Agenda Item Summary – City of Fort Collins Page 8 of 8
to provide regular reports in-line with the BFO process. This data will be publicized on Police Services
website and updated monthly.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
4. Traffic Safety Initiative Summary
5. Presentation
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ORDINANCE NO. 097, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS TRAFFIC CODE TO
IMPLEMENT A NEW AUTOMATED VEHICLE IDENTIFICATION
SYSTEM (AVIS) TO REPLACE THE PREVIOUSLY-APPROVED
AVIS TO SUPPORT THE TRAFFIC SAFETY INITIATIVE
A. The City currently utilizes an approved Automated Vehicle Identification
Systems (AVIS) to detect speeding violations and violations of red-light signals. This is
currently authorized under Fort Collins Traffic Code Section 615 and Section 1106.
B. Traffic speed and red-light violations are a concerning problem facing the
City of Fort Collins. 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.
C. In 2023 and 2024, changes to Colorado law related to the expanded use of
unmanned speed enforcement with AVIS, to allow detection of speed violations on
sections of roadways designated by the Council as speed corridors and additional
locations.
D. To allow for expanded use, the current Traffic Code needs to be updated.
Changes to City Traffic Code Section 615 and Section 1106 will align with state law
updates signed into law from Senate Bill 23 -200 which updated Colorado Revised
Statutes (CRS) Section 42-4-110.5, permitting local and state governments to implement
AVIS within their jurisdictions along designated speed corridors and expanded locations.
E. The expansion of AVIS will allow the automated system to detect violations
of Traffic Code Section 615 for drivers who disobey traffic control signals or traffic signs,
and also used to detect speed violations identified in Part 11 of the Fort Collins Traffic
Code that occur within a school zone, as defined in CRS Section 42-4-615; within a
residential neighborhood; within a maintenance, construction, or repair zone designated
pursuant to CRS Section 42-4-614; along a street that borders a municipal park; or along
a street or portion of a street that the City has designated a speed corridor by ordinance
adopted by City Council.
F. The expansion of AVIS and designation of speed corridors throughout the
city will help 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.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. Section 615 of the Fort Collins Traffic Code is hereby repealed in its
entirety and re-enacted to read as follows:
615. - Use of Automated Vehicle Identification System.
(1) Fort Collins Police Services is authorized to use an Automated Vehicle
Identification System (“AVIS”) within the city to detect violations of Section
604(1)(c) of the Fort Collins Traffic Code at signalized intersections.
(2) (a) As used in this Section, the term “AVIS” or “automated vehicle
identification system” means a system whereby:
(I) A machine is used to automatically detect a violation of a
traffic regulation and simultaneously record a photograph or
video of the vehicle and the license plate of the vehicle; and
(II) A notice of violation or civil penalty assessment notice may be
issued to the registered owner of the motor vehicle.
(b) AVIS includes a system used to detect a violation of Part 11 of the
Fort Collins Traffic Code, a system used to detect violations of traffic
restrictions imposed by traffic signals or traffic signs, and a system
used to detect violations of bus lane or bicycle lane restrictions.
(c) “State highway” means any highway that is owned by or maintained
by the state. “State highway” does not include a public highway
operated by a public highway authority in accordance with the “Public
Highway Authority Law”, Part 5 of Article 4 of Colorado Revised
Statutes Title 43.
(3) An AVIS designed to detect disobedience of Section 604(1)(c) of the Fort
Collins Traffic Code shall not be used unless the City conspicuously posts
a sign notifying the public that an AVIS is in use immediately ahead. The
sign shall:
(a) Be placed in a conspicuous location not fewer than two hundred
(200) feet nor more than five hundred (500) feet before the AVIS; and
(b) Use lettering that is at least four (4) inches high for upper case letters
and two and nine-tenths (2 9/10) inches high for lower case letters.
(4) (a) When a peace officer or employee of the City, based on evidence
obtained in whole or part by means of an AVIS, has probable cause
to believe that a vehicle has been driven in a manner in violation of
Section 604(1)(c) of the Fort Collins Traffic Code, the peace officer
or employee of the City shall issue, or cause its vendor to issue, to
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the registered owner of the motor vehicle involved in the alleged
violation, by first-class mail, personal service, or by any mail delivery
service offered by an entity other than the United States postal
service that is equivalent to or superior to first-class mail with respect
to delivery speed, reliability, and price, a notice of violation:
(I) Not less than seven (7) days prior to the time the charged
person is required in the notice of violation to appear in
Municipal Court.
(II) Within thirty (30) days after the alleged violation occurred if
the motor vehicle involved in the alleged violation is registered
in the state; or
(III) Within sixty (60) days after the alleged violation occurred if the
motor vehicle involved in the alleged violation is registered
outside of the state.
(b) The notice of violation must contain:
(I) The name and address of the registered owner of the motor
vehicle involved in the alleged violation;
(II) The license plate number of the motor vehicle involved in the
alleged violation;
(III) The date, time, and location of the alleged violation;
(IV) The amount of the civil penalty prescribed for the alleged
violation;
(V) The deadline for payment of the prescribed civil penalty and
for disputing the alleged violation; and
(VI) Information on how the registered owner may either dispute
the alleged violation in a hearing or pay the prescribed civil
penalty.
(c) (I) If the City does not receive the prescribed civil penalty or a
written notice requesting a hearing to dispute the alleged
violation by the deadline stated on the notice of violation,
which deadline must not be less than forty-five (45) days after
the issuance date on the notice of violation, the City shall
issue, or cause its vendor to issue, by first-class mail, personal
service, or by any mail delivery service offered by an entity
other than the United States postal service that is equivalent
to or superior to first-class mail with respect to delivery speed,
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Item 15.
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reliability, and price, a civil penalty assessment notice for the
alleged violation to the registered owner of the motor vehicle
involved in the alleged violation no later than thirty (30) days
after the deadline on the notice of violation.
(II) The civil penalty assessment notice must contain:
(A) The name and address of the registered owner of the
motor vehicle involved in the alleged violation;
(B) The license plate of the motor vehicle involved in the
alleged violation;
(C) The date, time, and location of the alleged violation;
(D) The amount of the civil penalty prescribed for the
alleged violation;
(E) The deadline for payment of the prescribed civil
penalty;
(F) Information on how to pay the prescribed civil penalty.
(d) If the registered owner of the motor vehicle fails to request a hearing
to dispute the alleged violation by the deadline stated in the notice of
violation, the registered owner waives any right to contest the
violation or the amount of the prescribed civil penalty.
(e) If the registered owner of the motor vehicle fails to pay in full the
prescribed civil penalty by the deadline stated in the civil penalty
assessment notice, a final order of liability shall be entered against
the registered owner of the vehicle.
(f) If the registered owner of a motor vehicle involved in a traffic violation
under traffic regulations adopted by the City is engaged in the
business of leasing or renting motor vehicles, the registered owner
remains liable for payment of the civil penalty even if the registered
owner was not driving the motor vehicle but may obtain payment
from the lessor or renter of the motor vehicle and forward the
payment to the City.
(g) Final orders may be appealed as to matters of law and fact to the
Municipal Court. The registered owner of the motor vehicle may
assert in an appeal that a notice of violation served by first-class mail
or other mail delivery service was not actually delivered. The appeal
shall be a de novo hearing.
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Item 15.
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(h) The City shall not initiate or pursue a collection action against a
registered owner of a motor vehicle for a debt resulting from an
unpaid penalty assessed pursuant to this Section unless the
registered owner is personally served the notice of violation or the
final order of liability.
(i) If the vehicle is registered in more than one (1) person's name, the
notice of violation shall be issued to that registrant or driver who the
issuing peace officer or employee of the City determines, under all
the facts and circumstances, was the person most likely depicted in
the photographs produced by the AVIS. The notice of violation shall
contain the signature, or a reasonable facsimile thereof, of the peace
officer or employee of the city issuing the notice of violation.
(j) If a notice for a violation detected using an AVIS is personally served,
the City may only charge the actual costs of service of process that
shall be no more than the amount usually charged for civil service of
process.
(5) When a person is served with a notice of violation under this Section, the
person shall:
(a) If admitting the charge, complete the notice of violation form by
providing their driver's license number and other pertinent
information requested in the form, and return the completed notice
of violation form, together with the payment of the fine assessed, to
the Municipal Court on or before the time specified in the notice of
violation for the charged person to appear in court; or
(b) If contesting the charge, appear in Municipal Court at the time
specified in the notice of violation for arraignment.
(6) (a) Proof that a particular vehicle entered an intersection in violation of
Section 604(1)(c) of the Fort Collins Traffic Code as detected by an
AVIS and as shown by the photographs produced by the AVIS,
together with proof that the particular vehicle is registered in the
charged person's name, shall raise the evidentiary presumption and
constitute prima facie evidence in any prosecu tion of a violation of
Section 604(1)(c) of the Fort Collins Traffic Code of the fact that the
charged person was the person driving the vehicle depicted in the
photographs. However, such evidence and presumption may be
rebutted by the presentation of any probative and competent
evidence that the charged person was not the driver shown in the
photographs.
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(b) The City shall not require a registered owner of a vehicle to disclose
the identity of a driver of the vehicle who is detected through the use
of an AVIS. However, the registered owner may be required to
submit evidence that the owner was not the driver at the time of the
alleged violation.
(7) In any proceeding in Municipal Court to prosecute a vi olation of Section
604(1)(c) of the Fort Collins Traffic Code, the photographs produced by
AVIS concerning the violation shall be admissible in court as prima facie
evidence of a violation of Section 604(1)(c) of the Fort Collins Traffic Code,
provided that the peace officer or employee of the City who activated and
tested the AVIS prior to the photographs being taken testifies as to the
placement of the AVIS and the accuracy of the scene depicted in the
photographs, and further testifies that they tested t he AVIS for proper
operation within a reasonable period of time both before and after the taking
of the photograph. Also, to be so admissible in Municipal Court, the
photographs must be of sufficient quality to permit identification of the driver
of the vehicle.
(8) Nothing in this Section applies to a violation detected by an AVIS for driving
twenty-five (25) miles per hour or more in excess of the reasonable and
prudent speed or twenty-five (25) miles per hour or more in excess of the
maximum speed limit of seventy-five (75) miles per hour detected by the
use of an AVIS.
(9) If the City detects a violation of a municipal traffic regulation for
disobedience to a traffic control signal through the use of an AVIS the
maximum civil penalty that the City may impose for such violation, including
any surcharge, is seventy-five dollars ($75).
(10) If a registered owner fails to pay a penalty imposed for a violation of a
municipal traffic regulation detected using an AVIS, the City shall not
attempt to enforce such a penalty by immobilizing the registered owner's
vehicle.
(11) The Colorado Department of Motor Vehicles has no authority to assess any
points against a license under Colorado Revised Statutes Section 42-2-127
upon entry of a conviction or judgment for a violation of the Fort Collins
Traffic Code if the violation was detected through the use of an AVIS. Said
Department shall not keep any record of such violation in the official records
maintained by the Department under Colorado Revised Statutes Section
42-2-121.
(12) Notwithstanding any other provision of the statutes to the contrary, the City
shall not report to the Colorado Department of Motor Vehicles any
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conviction or entry of judgment against a defendant for violation of a Fort
Collins Traffic Code if the violation was detected through the use of an AVIS.
(13) (a) If the City implements a new AVIS that is not a replacement of an
AVIS:
(I) The agency responsible for the AVIS shall publicly announce
the implementation of the system through its website for at
least thirty (30) days prior to the use of the system; and
(II) For the first thirty (30) days after the system is installed or
deployed, only warnings may be issued for violations of a
municipal traffic regulation detected by the system.
(b) The City may conduct an extended public information campaign or
warning period for systems installed or deployed.
(14) No portion of any fine collected through the use of AVIS may be paid to the
manufacturer or vendor of the AVIS equipment. The compensation paid by
the City for such equipment shall be based upon the value of such
equipment and the value of any services provided to the City and ma y not
be based upon the number of traffic citations issued or the revenue
generated by such equipment or services.
(15) The City and any vendor operating an AVIS shall, unless otherwise provided
in this Section:
(a) Program the AVIS to retain data only when a violation of a county or
municipal traffic regulation or traffic violation under state law occurs;
(b) Treat all photographs and video collected by the automated motor
vehicle identification system as confidential and exempt from
disclosure and inspection pursuant to the “Colorado Open Records
Act”, Part 2 of Article 72 of Colorado Revised Statutes Title 24;
(c) Not use, disclose, sell, or permit access to photographs, video, or
personal identifiable data collected by the AVIS except to the exten t
necessary to operate the program, including for purposes of
processing violations, for other law enforcement purposes, for
transferring data to a new vendor or operating system, or, pursuant
to a court order, for use in unrelated legal proceedings; and
(d) Destroy any photographs and video of a violation collected by the
AVIS within three (3) years after the final disposition of the violation
unless the photographs or video are maintained in a separate system
for other purposes allowed by law.
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Section 2. Section 1106 of the Fort Collins Traffic Code is hereby repealed in
its entirety and re-enacted to read as follows:
1106. - Automated Vehicle Identification System speed enforcement.
(1) (a) Fort Collins Police Services is authorized to use an Autom ated
Vehicle Identification System (“AVIS”) to detect violations of Part 11
of the Fort Collins Traffic Code within the City that occur within a
school zone, as defined in Colorado Revised Statutes Section 42-4-
615; within a residential neighborhood; within a maintenance,
construction, or repair zone designated pursuant to Colorado
Revised Statutes Section 42-4-614; along a street that borders a
municipal park; or along a street or portion of a street that the City
has designated a speed corridor by ordinance adopted by City
Council.
(b) As used in this Section, the term “AVIS” or “automated vehicle
identification system” means a system whereby:
(I) A machine is used to automatically detect a violation of a
traffic regulation and simultaneously record a photograph or
video of the vehicle and the license plate of the vehicle; and
(II) A notice of violation or civil penalty assessment notice may be
issued to the registered owner of the motor vehicle.
(c) AVIS includes a system used to detect a violation of Part 11 of the
Fort Collins Traffic Code, a system used to detect violations of traffic
restrictions imposed by traffic signals or traffic signs, and a system
used to detect violations of bus lane or bicycle lane restrictions.
(d) As used in this Subsection (1), unless the context otherwise requires,
“residential neighborhood” means any block on which a majority of
the improvements along both sides of the street are residential
dwellings and the speed limit is thirty-five (35) miles per hour or less.
(e) “State highway” means any highway that is owned by or maintained
by the State of Colorado. “State highway” does not include a public
highway operated by a public highway authority in accordance with
the “Public Highway Authority Law”, Part 5 of Article 4 of Colorado
Revised Statutes Title 43.
(2) Before the City designates an automated vehicle identification corridor on a
state highway, the City shall notify the Colorado Department of
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Transportation, unless the automated vehicle identification corridor on a
state highway is designated by ordinance before January 1, 2025.
(3) After the City designates an automated vehicle identification corridor on a
state highway, the City shall coordinate with the Colorado Department of
Transportation. Coordination must include demonstrating that the
requirements set forth in Subsection (5)(a) of this Section have been met
and, if needed, applying for a special use permit to install any devices or
signage on department of transportation right-of-way if the segment of the
highway in questions is maintained by the State. The City shall alert the
Department of Transportation when the automated vehicle identification
corridor begins operations or permanently ceases operations on a state
highway.
(4) Before the City begins the operation of an AVIS in an automated vehicle
identification corridor on a county road, the City shall notify the Colorado
State Patrol.
(5) (a) Before the City begins operation of an AVIS in an automated vehicle
identification corridor, the City must:
(I) Post a permanent sign in a conspicuous place not fewer than
three hundred (300) feet before the beginning of the corridor;
and
(II) Post a permanent sign not fewer than three hundred (300) feet
before each static camera within the corridor thereafter or a
temporary sign not fewer than three hundred (300) feet before
any mobile camera; and
(III) Illustrate, through data collected within the past five (5) years,
incidents of crashes, speeding, reckless driving, or community
complaints on a street designated as an automated vehicle
identification corridor;
(b) The City shall publish a report quarterly on its website disclosing the
number of citations and revenue collected by Municipal Court by the
automated vehicle identification corridor.
(c) City staff shall provide updates to Council every two years on the
performance of the adopted speed corridors and adjust based on
data and direction from Council.
(d) The City shall not locate an AVIS or create an automated vehicle
identification corridor on any highway that is a part of the federal
interstate highway system.
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(4) (a) When a peace officer or employee of the City, based on evidence
obtained in whole or part by means of an AVIS, has probable cause
to believe a vehicle has been driven in excess of the legal speed
limit, the peace officer or employee of the City shall issue, or cause
its vendor to issue, to the registered owner of the motor vehicle
involved in the alleged violation, by first-class mail, personal service,
or by any mail delivery service offered by an entity other than the
United States postal service that is equivalent to or superior to first-
class mail with respect to delivery speed, reliability, and price, a
notice of violation:
(I) not less than seven (7) days prior to the time the charged
person is required in the notice of violation to appear in
Municipal Court.
(II) Within thirty (30) days after the alleged violation occurred if
the motor vehicle involved in the alleged violation is registered
in the state; or
(III) Within sixty (60) days after the alleged violation occurred if the
motor vehicle involved in the alleged violation is registered
outside of the state.
(b) The notice of violation must contain:
(I) The name and address of the registered owner of the motor
vehicle involved in the alleged violation;
(II) The license plate number of the motor vehicle involved in the
alleged violation;
(III) The date, time, and location of the alleged violation;
(IV) The amount of the civil penalty prescribed for the alleged
violation;
(V) The deadline for payment of the prescribed civil penalty and
for disputing the alleged violation; and
(VI) Information on how the registered owner may either dispute
the alleged violation in a hearing or pay the prescribed civil
penalty.
(c) (I) If the City does not receive the prescribed civil penalty or a
written notice requesting a hearing to dispute the alleged
violation by the deadline stated on the notice of violation,
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which deadline must not be less than forty-five (45) days after
the issuance date on the notice of violation, the City shall
issue, or cause its vendor to issue, by first-class mail, personal
service, or by any mail delivery service offered by an entity
other than the United States postal service that is equivalent
to or superior to first-class mail with respect to delivery speed,
reliability, and price, a civil penalty assessment notice for the
alleged violation to the registered owner of the motor vehicle
involved in the alleged violation no later than thirty (30) days
after the deadline on the notice of violation.
(II) The civil penalty assessment notice must contain:
(A) The name and address of the registered owner of the
motor vehicle involved in the alleged violation;
(B) The license plate of the motor vehicle involved in the
alleged violation;
(C) The date, time, and location of the alleged violation;
(D) The amount of the civil penalty prescribed for the
alleged violation;
(E) The deadline for payment of the prescribed civil
penalty;
(F) Information on how to pay the prescribed civil penalty.
(d) If the registered owner of the motor vehicle fails to request a hearing
to dispute the alleged violation by the deadline stated in the notice of
violation, the registered owner waives any right to contest the
violation or the amount of the prescribed civil penalty.
(e) If the registered owner of the motor vehicle fa ils to pay in full the
prescribed civil penalty by the deadline stated in the civil penalty
assessment notice, a final order of liability shall be entered against
the registered owner of the vehicle.
(f) If the registered owner of a motor vehicle involved in a traffic violation
under traffic regulations adopted by the City is engaged in the
business of leasing or renting motor vehicles, the registered owner
remains liable for payment of the civil penalty even if the registered
owner was not driving the motor vehicle but may obtain payment
from the lessor or renter of the motor vehicle and forward the
payment to the City.
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(g) Final orders may be appealed as to matters of law and fact to the
Municipal Court. The registered owner of the motor vehicle may
assert in an appeal that a notice of violation served by first-class mail
or other mail delivery service was not actually delivered. The appeal
shall be a de novo hearing.
(h) The City shall not initiate or pursue a collection action against a
registered owner of a motor vehicle for a debt resulting from an
unpaid penalty assessed pursuant to this Section unless the
registered owner is personally served the notice of violation or the
final order of liability.
(i) If the vehicle is registered in more than one (1) person's name, the
notice of violation shall be issued to that registrant who the issuing
peace officer or employee of the City determines, under all the facts
and circumstances, is the person most likely depicted in the
photograph produced by the AVIS. The notice of violation shall
contain the signature, or a reasonable facsimile thereof, of the peace
officer or employee of the City issuing the notice of violation.
(j) If a notice of violation detected using an AVIS is personally served,
the City may only charge the actual costs of service of process that
shall be no more than the amount usually charged for civil service of
process.
(5) When a person is served with a notice of violation under this Section, the
person shall:
(a) If admitting the charge, complete the notice of violation form,
providing their driver's license number and other pertinent information
requested in the form, and return the completed notice of violation form,
together with the payment of the fine assessed, to the Municipal Court on
or before the time specified in the notice of violation for the charged person
to appear in court; or
(b) If contesting the charge, appear in Municipal Court at the time
specified in the notice of violation for arraignment.
(6) (a) Proof that a particular vehicle was exceeding the legal speed limit as
detected by an AVIS and as shown by the photograph produced by
the AVIS, together with proof that the particular vehicle is registered
in the charged person's name, shall raise the evidentiary
presumption and constitute prima facie evidence in any prosecution
of a violation under Part 11 of the Fort Collins Traffic Code of the fact
that the charged person was the person driving the vehicle depicted
in the photograph. However, such evidence and presumption may
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be rebutted by the presentation of any probative and competent
evidence that the charged person was not the driver shown in the
photograph.
(b) The City shall not require a registered owner of a vehicle to disclose
the identity of a driver of the vehicle who is detected through the use
of an AVIS. However, the registered owner may be required to
submit evidence that the owner was not the driver at the time of the
alleged violation.
(7) In any proceeding in Municipal Court to prosecute a violation of this Section,
any photograph produced by an AVIS concerning the violation, upon which
is printed the vehicle's speed, shall be admissible in court a s prima facie
evidence of the speed of the vehicle depicted in the photograph, provided
that the peace officer or employee of the City who activated the AVIS prior
to the photograph being taken testifies as to the placement of the AVIS and
the accuracy of the scene depicted in the photograph, and further testifies
that they tested the radar unit of the camera radar for proper calibration
before and after the taking of the photograph. Also, to be so admissible in
Municipal Court, the photograph must be of sufficient quality to permit
identification of the driver of the vehicle.
(8) (a) If the City detects a speeding violation of less than ten (10) miles per
hour over the reasonable and prudent speed under Part 11 of the Fort
Collins Traffic Code through the use of an AVIS, the City may mail the
registered owner a warning regarding the violation. No notice of violation
will be issued for speeding less than ten (10) miles per hour under the
posted speed limit.
(b) The maximum penalty that the City may impose for a violation of Part
11 of the Fort Collins Traffic Code detected by an AVIS, including any
surcharge, is forty dollars ($40).
(c) If any violation under Part 11 of the Fort Collins Traffic Code through
the use of an AVIS occurs within a school zone, as defined in
Colorado Revised Statutes Section 42-4-615, or a repair zone
designated pursuant to Colorado Revised Statutes Section 42-4-
614, the maximum penalty that may be imposed shall be doubled.
(9) For detection of a violation by an AVIS for driving twenty-five (25) miles per
hour or more in excess of the reasonable and prudent speed or twenty-five
(25) miles per hour or more in excess of the maximum speed limit of
seventy-five (75) miles per hour detected by the use of an AVIS, a citation
will be personally served upon the driver and the maximum penalty in
Section (8) do not apply.
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(10) If a registered owner fails to pay a penalty imposed for a violation of the Fort
Collins Traffic Code detected using an AVIS, the City shall not attempt to
enforce such a penalty by immobilizing the registered owner's vehicle.
(11) The Colorado Department of Motor Vehicles has no authority to assess any
points against a license under Colorado Revised Statutes Section 42-2-127
upon entry of a conviction or judgment for a violation of the Fort Collins
Traffic Code if the violation was detected through the use of an AVIS. The
Colorado Department of Motor Vehicles shall not keep any record of such
violation in the official records maintained by the department under
Colorado Revised Statutes Section 42-2-121.
(12) Notwithstanding any other provision of the statutes to the contrary, the City
shall not report to the Colorado Department of Motor Vehicles any
conviction or entry of judgment against a defendant for violation of the Fort
Collins Traffic Code if the violation was detected through the use of an AVIS.
(13) (a) If the City implements new AVIS measures beyond those already in
operation as of July 26, 2024:
(I) The agency responsible for the AVIS shall publicly announce
the implementation of the new system measures through its
website for at least thirty (30) days prior to the use of the new
system measures; and
(II) For at least the first thirty (30) days after the new measures
are installed or deployed, only warnings may be issued for
violations of the Fort Collins Traffic Code detected by the new
measures.
(b) The City may conduct an extended public information campaign or
warning period for new AVIS measures installed or deployed or
corridors as designated by ordinance.
(14) No portion of any fine collected through the use of AVIS may be paid to the
manufacturer or vendor of the AVIS equipment. The compensation paid by
the City for such equipment shall be based upon the value of such
equipment and the value of any services provided to the City and may not
be based upon the number of traffic citations issued or the revenue
generated by such equipment or services.
(15) The City and any vendor operating an AVIS shall, unless otherwise provided
in this Section:
(a) Program the AVIS to retain data only when a violation of a county or
municipal traffic regulation or traffic violation under state law occurs;
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(b) Treat all photographs and video collected by the AVIS as confidential
and exempt from disclosure and inspection pursuant to the
“Colorado Open Records Act”, Part 2 of Article 72 of Colorado
Revised Statutes Title 24;
(c) Not use, disclose, sell, or permit access to photographs, video, or
personal identifiable data collected by the AVIS except to the extent
necessary to operate the program, including for purposes of
processing violations, for other law enforcement purposes, for
transferring data to a new vendor or operating system, or, pursuant
to a court order, for use in unrelated legal proceedings; and
(d) Destroy any photographs and video of a violation collected by the
AVIS within three (3) years after the final disposition of the violation
unless the photographs or video are maintained in a separate system
for other purposes allowed by law.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on the July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Dawn Downs
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ORDINANCE NO. 098, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING SPEED CORRIDORS PURSUANT TO
FORT COLLINS TRAFFIC CODE SECTION 1106
A. The City currently utilizes Automated Vehicle Identification Systems (AVIS)
to detect speeding violations as authorized under Fort Collins Traffic Code Section 1106.
B. Traffic speed is a concerning problem facing the City of Fort Collins. 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.
C. In 2023 and 2024, changes to Colorado law related to the expanded use of
unmanned speed enforcement with AVIS, to allow detection of speed violations on
sections of roadways designated by the Council as corridors.
D. Pursuant to Fort Collins Traffic Code Section 1106, City Council is
authorized to designate by Ordinance specific corridors for speed enforcement on city
streets, on state highways in coordination with the Colorado Department of
Transportation, and on county roads with notification to the Colorado State Patrol.
E. The designation of corridors throughout the city will help 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.
F. City staff will provide updates to Council every two years on the
performance of the adopted speed corridors to allow adjustments to speed corridor
designations as needed based on data and direction from Council.
G. City Council’s designation of corridors is based on data collected within up
to the last five years of the roadways and intersections with the highest level of crashes
involving injuries, serious bodily injury, and fatalities; speed violations of 20 miles per hour
or more; intersections with more than 700 redlight speed violations of 11 miles per hour
or more; citations for careless driving, reckless driving, speed contest, and speed
exhibition, and areas with more than seven traffic related community complaints
H. These corridor designations shall remain in effect until modified by future
adopted ordinance.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as applicable to Fort Collins Traffic Code Section 1106 that the following
corridors shall be established as AVIS speed corridors, to include all intersections
abutting, and all directions of traffic on, the roadways listed below:
I. Suniga Road—Between College Avenue and Lemay Avenue;
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II. Riverside Drive— Between College Avenue and Pitkin Street;
III. Prospect Road— Between Taft Hill Road and I-25;
IV. Drake Road— Between Overland Trail and Lemay Avenue;
V. Horsetooth Road— Between College Avenue and Ziegler Road;
VI. Harmony Road—Between Chokecherry Trail and I-25;
VII. Trilby Road— Between Wainright Drive and College Avenue/Highway 287;
VIII. Taft Hill Road— Between Mulberry Street and Trilby Street;
IX. Shields Street— Between Elizabeth Street and Carpenter Road;
X. College Avenue/Hwy 287— Between Laurel Street and Carpenter Road;
XI. Lemay Avenue— Between Prospect Road and Trilby Road;
XII. Timberline Road— Between Prospect Road and Drake Road;
XIII. Timberline Road— Between Harmony Road and Trilby Road;
XIV. Ziegler Road— Between William Neal Parkway and Kechter Road;
XV. Conifer Street—Between College Avenue and Lemay Avenue;
XVI. Mulberry Street—Between Taft Hill Road and 12th Street;
XVII. Stuart Street—Between College Avenue and Lemay Avenue;
XVIII. Elizabeth Street—Between Overland Trail and Shields Street;
XIX. Drake Road—Between Lemay Avenue and Miles House Avenue;
XX. Overland Trail—Between Mulberry Street and Drake Road;
XXI. Timberline Road—Between Drake Road and Harmony Road;
XXII. Intersection at Mulberry Street and Shields Street—East and West
Approaches;
XXIII. Intersection at Prospect Road and Shields Street—North and South
Approaches;
XXIV. Intersection at Harmony Road and Shields Street—North and South
Approaches ;
XXV. Intersection at Drake Road and College Avenue—North and South
Approaches;
XXVI. Intersection at Drake Road and Lemay Avenue—North and East
Approaches; and
XXVII. Intersection at Harmony Road and Timberline Road—East and West
Approaches.
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Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on the July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Dawn Downs
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ORDINANCE NO. 099, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS TO SUPPORT
ADDITIONAL STAFFING AND EXPENSES FOR
IMPLEMENTATION OF THE AUTOMATED VEHICLE
IDENTIFICATION SYSTEM TRAFFIC SAFETY INITIATIVE
A. The City currently utilizes Automated Vehicle Identification Systems (AVIS)
to detect speeding violations and violations of red-light signals. This is currently
authorized under Fort Collins Traffic Code Section 615 and Section 1106.
B. Traffic speed and red-light violations are a concerning problem facing the
City of Fort Collins. 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.
C. In 2023 and 2024, changes to Colorado law related to the expanded use of
unattended speed enforcement with AVIS, to allow detection of speed violations on
sections of roadways designated by the Council as speed corridors and additional
locations.
D. To allow for expanded use, the current Traffic Code needs to be updated.
Changes to City Traffic Code Section 615 and Section 1106 will align with state law
updates signed into law from Senate Bill 23 -200 which updated Colorado Revised
Statutes (C.R.S.) Section 42-4-110.5, permitting local and state governments to
implement AVIS within their jurisdictions along designated speed corridors and expanded
locations.
E. The expansion of AVIS will allow the automated system to detect violations
of Traffic Code Section 615 for drivers who disobey traffic control signals or traffic signs,
and also used to detect speed violations identified in Part 11 of the Fort Collins Traffic
Code that occur within a school zone, as defined in C.R.S. Section 42-4-615; within a
residential neighborhood; within a maintenance, construction, or repair zone designated
pursuant to C.R.S. Section 42-4-614; along a street that borders a municipal park; or
along a street or portion of a street that the City has designated a speed corridor by
ordinance adopted by City Council.
F. To accommodate the expansion of the AVIS program updated equipment
and associated costs for Police Services in 2024 are anticipated to be $235,000.
G. With the addition of automated speed enforcement utilizing AVIS a
significant 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.
H. Municipal Court, the City Attorney’s Office, and Planning, Development and
Transportation Services will be directly impacted with the increase in citations, and it is
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recommended that funds generated from AVIS enforcement be utilized to provide
necessary staffing.
I. Accordingly, additional full time equivalent (“FTE”) positions and funding to
support the expanded AVIS program for 2024, are proposed as follows:
a. Two full-time municipal court clerks $67,696 (Municipal Court);
b. One City Attorney and one Legal Assistant $142,774 (City Attorney’s
Office);
c. Estimated 1-2 FTE’s for temporary staffing (either hourly or
contractual) Municipal Court $24,904; and
d. Estimated 1-2 FTE’s for temporary staffing (either hourly or
contractual) City Attorney’s Office $179,112.
J. In addition to the continuation of the above staffing in 2025 and future years,
starting in 2025 additional staffing for P lanning, Development and Transportation
Services has also been requested to support one Vision Zero Coordinator and one
Network Engineer.
K. The AVIS funds from the updated Traffic Safety Initiative ordinances will
support the additional equipment and personnel.
L. Future revenue generated by AVIS will be dedicated to support traffic safety
related programs, and support the costs associated with the program.
M. This appropriation benefits public health, safety and welfare of the
community and serves a public purpose by promoting traffic safety through speed
enforcement, and supports Vision Zero, the City Council's goal of eliminating Fort Collins
roadway fatalities and reducing injury crashes.
N. 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.
O. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Redlight Camera Fund in the General Fund and will not cause the total amount
appropriated in the Redlight Camera Fund within 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.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Redlight Camera Fund within the General Fund the sum of NINETY-TWO THOUSAND
SIX HUNDRED DOLLARS ($92,600) to be expended in the General Fund for the
increased staffing for the Municipal Court to support the AVIS Traffic Safety Initiative.
Section 2. There is hereby appropriated from new revenue or other funds in the
Redlight Camera Fund within the General Fund the sum of THREE HUNDRED TWENTY-
ONE THOUSAND EIGHT HUNDRED EIGHTY-SIX DOLLARS ($321,886) to be
expended in the General Fund for the increased staffing for the City Attorney’s Office to
support the AVIS Traffic Safety Initiative.
Section 3. There is hereby appropriated from new revenue or other funds in the
Redlight Camera Fund within the General Fund the sum of TWO HUNDRED THIRTY-
FIVE THOUSAND DOLLARS ($235,000) to be expended in the General Fund for Police
Services expenses to support the AVIS Traffic Safety Initiative.
Introduced, considered favorably on first reading on July 2, 2024, and approved
on second reading for final passage on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 26, 2024
Approving Attorney: Dawn Downs
Page 254
Item 15.
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 255
Item 15.
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 256
Item 15.
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 257
Item 15.
Additional Personnel Costs:
Personnel costs to support speed corridor and automated enforcement for the city consist of the
following proposed positions.
2024 Personnel costs to support speed corridor and automated enforcement for the city consist of the
following proposed positions.
(2) Full-time municipal court clerks $67,696 (Municipal Court)
(1) City Attorney and (1) Legal Assistant $142,774 (City Attorney’s Office)
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) Municipal Court $24,904
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) City Attorney’s Office
$179,112
o Total personnel cost expansion funded by automated enforcement $414,486
2025 and ongoing personnel costs
(2) Full-time municipal court clerks $154,285 (Municipal Court)
(1) City Attorney and (1) Legal Assistant $253,142 (City Attorney’s Office)
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) Municipal Court $58,864
Estimated 1-2 FTE’s for temporary staffing (either hourly or contractual) City Attorney’s Office
$258,902
(1) Vision Zero Coordinator (PDT) $130,713
(1) Network Engineer (PDT) $117,072
o Total personnel cost expansion funded by automated enforcement $972,978
Page 258
Item 15.
Anticipated RLCR 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 $2.6M additional funds from fines creating a traffic safety fund balance for 2024 of
$2.1M if activated by mid-year 2024, fund balance for 2025 of $3.4M and for 2026 a balance of
$4.8M.
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.
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)
Page 259
Item 15.
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 260
Item 15.
\
Appendix A
Page 261
Item 15.
Appendix B
Page 262
Item 15.
Appendix C
Page 263
Item 15.
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 264
Item 15.
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 265
Item 15.
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 266
Item 15.
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 267
Item 15.
5Fort Collins Injury Crashes
277
232
337
430
648
2019 2020 2021 2022 2023
Injury Accidents Linear (Injury Accidents)
Injury Accidents
Page 268
Item 15.
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 269
Item 15.
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 270
Item 15.
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 271
Item 15.
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 272
Item 15.
Excess Crash Cost (HIN –Vision Zero)10
of the 6 red-light camera
intersections correlate to
the ‘Most Excess Crash
Costs’ intersections5
Page 273
Item 15.
High Injury Network(HIN) (Vision Zero)11
Vision Zero HIN correlates to recommended speed corridorsPage 274
Item 15.
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 275
Item 15.
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 276
Item 15.
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 277
Item 15.
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 278
Item 15.
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 279
Item 15.
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 280
Item 15.
Vision Zero 18
Page 281
Item 15.
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 282
Item 15.
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
(2) full-time municipal court clerks -$67,696
(1)One City Attorney and (1) Legal Assistant
$142,774
Temporary Staffing Municipal Court and City
Attorney’s Office –$204,016
Total personnel cost $414,486
Page 283
Item 15.
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 284
Item 15.
Revenue Projections with Corridor Designations 22
Proposed Automated Vehicle Identification System (AVIS) Financials –w/ FTEs and Corridors
Page 285
Item 15.
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 RLC funds to support additional personnel for traffic safety in Municipal Court, the City
Attorney’s Office and PDT.
•Recommend RLC 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 RLC funds, management and process for requesting funds.Page 286
Item 15.
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 287
Item 15.
25
Questions
Page 288
Item 15.
26
Additional Information Slides
Page 289
Item 15.
SB 23-200 Updates to CRS 42-4-110.5 27
Signage
Data
CDOT
Designation
BackPage 290
Item 15.
Signage (CDOT Standards)28
Page 291
Item 15.
Senate Bill 23-200 29
Page 292
Item 15.
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 293
Item 15.
Special Operations Division: Traffic 31
Accidents at Red-light Camera Intersections
BEFORE AFTER
Page 294
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 2, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Lead Policy and Project Manager
Carrie Daggett, City Attorney
SUBJECT
Resolution 2024-090 Adopting Amended Rules of Procedure Governing the Conduct of City Council
Meetings and Council Work Sessions.
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. The update to the Meeting Rules also includes
alignment to Ordinance No. 39, 2024 and clarification as to the purposes of staff, community and Council
reports.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
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, the option to continue allowing
remote public participation was added. In July 2022, updates included the extension of the meeting from
10:30pm 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 allows 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.
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 these items can be
accomplished, staff is proposing the following changes to the current Meeting Rules of Procedure:
Update to reflect changes that were made in Ordinance No. 39, 2024.
Page 295
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Allocate no fewer than 40 people and additional speakers as may be allowed within a total time of 90
minutes of public comment at the beginning of the meeting.
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 5:30pm 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.
Since online sign-ups to comment have been required, the majority of meetings have seen between 1-40
residents sign-up and approximately 2-5 on average have signed up after 5:30. Having additional time prior
to the start of the meeting will help staff coordinate comments and ensure that those speaking to agenda
items are identified.
The proposed update to the meeting rules leaves speaking time at the Mayor’s discretion allowing the
possibility to hear more than 40 people within 90 minutes if speaking time is short and allowing more time
if sign-up numbers are lower. People that sign-up are notified via email what number they are in the queue
which helps provide predictability.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Redlined Changes to Council Meeting Rules of Procedure
3. Clean Version of Council Meeting Rules of Procedure
4. Presentation
Page 296
Item 16.
- 1 -
RESOLUTION 2024-090
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT
OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS
A. The City Council has previously adopted certain Rules of Procedure
Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules
of Procedure have been amended from time to time by the Council, most recently in July
2022 with the adoption of Resolution 2022-068.
B. The Rules of Procedure are intended to promote the orderly and efficient
conduct of the meetings and ensure fair treatment of members of the public wishing to
comment for Council’s consideration.
C. The City Council wishes to further amend the Rules of Procedure to more
specifically provide a means for managing meetings when there is an unruly and
disruptive crowd at the meeting or when the volume of general public comment expected
will preclude the Council from reasonably carrying out its meeting.
D. The City Council expects to also consider amendments to the City Code
that more fully enable remote meetings by the Council and by the public, and the
proposed Rules provide a means for implementing amendme nts of that sort.
E. The City Council wishes to clarify that any scheduled agenda items that are
not considered due to the adjournment of a meeting prior to completion of the meeting
agenda.
F. The revision of the Rules of Procedure to address the issues noted herein,
as set forth in Exhibit “A,” will improve the conduct of Council meetings and provide clarity
for the public.
G. The City Council believes that such rules and regulations are in the best
interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The revised Rules of Procedure Governing the Conduct of City
Council Meetings and Work Sessions (“Rules of Procedure”), attached hereto as Exhibit
“A” and incorporated herein by this reference, are hereby adopted by the City Council.
Section 2. The aspects of the Rules of Procedure that allow for remote
participation by Councilmembers shall not go into effect unless and until Council amends
the City Code to allow for remote attendance and voting at Council meetings.
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Section 3. The Rules of Procedure shall supersede all previous rules of
procedure that have heretofore been adopted by the City Council including, but not limited
to, Resolution 2022-068.
Passed and adopted on July 2, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 2, 2024
Approving Attorney: Carrie Daggett
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EXHIBIT A TO RESOLUTION 2024-090
Governing the Conduct of City Council Meetings
and Work Sessions
Adopted July 2, 2024
Resolution 2024-090
Section 1. Attendance and Participation in Regular or Special Council Meetings.
a. Councilmembers may participate in discussion at Council Regular and Special
meetings, including executive sessions, using remote technology, except that only
Councilmembers present in person at a meeting are allowed to participate in
consideration of quasi-judicial items, to be treated as present for the purpose of
establishing a quorum, or to vote on any item.
In the event the Mayor, or City Council by majority vote, determines at any time that
circumstances necessitate that Council conduct all or a portion of a regular or special
meeting using remote technology, Councilmembers may fully participate in and vote
in that meeting using remote technology.
b. The public may participate in any Regular or Special Council meeting as set out in
these Rules using the remote technologies that have been arranged for that meeting
and may participate in person unless public access for a particular meeting is limited to
remote-only access, whether in advance of that meeting, or during the meeting in
response to disruption of the planned meeting location or arrangements.
c. If circumstances prevent or are reasonably expected to prevent the Council from
carrying out its business in the Council Chambers, the Mayor, or the Council by
majority vote, may relocate or adjourn such meeting to an alternative location.
d. In the case of any such location change or change to the mode of public participation
allowed, notice of the change must be prominently posted for the public at Council
Chambers and the meeting broadcast and stream. The meeting must, at a minimum,
be freely available to the public by electronic means or broadcast, or at a remote
viewing location. If a meeting is relocated and reconvened, or shifted to remote-only
public viewing, a minimum of forty-five (45) minutes must elapse between the
adjournment of the meeting to the new location or mode and reconvening in the new
location or mode.
Section 2. Order of Business for Regular or Special Council Meetings.
a. Regular Council meetings shall be conducted in the following order (except for
special items described below):
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(A) Proclamations and Presentations. (Prior to the meeting)
(B) Call Meeting to Order
(C) Pledge of Allegiance
(D) Roll Call
(E) City Manager’s Agenda Review (including City Manager removal of items
from Consent Calendar for individual discussion)
(F) Community Reports (as needed): 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.
(G) Public Comment on Any Topics or Items or Community Events (including
comments on the Consent Calendar and any requests by commenters for
removal of items from Consent Calendar for individual discussion) The first
40 speakers will speak plus additional speakers as can be heard in a total of
90 minutes.
(H) Public Comment Follow-up (Staff will indicate to Mayor if anyone signed up to
speak on a Consent item and was not able to speak under public comment. Those
speakers will be able to speak at this point in the agenda.)
(I) Councilmember Removal of Items from Consent Calendar for Discussion
(J) Adoption of Consent Calendar
(K) Consent Calendar Follow-up
(L) Staff Reports (as needed): The purpose of the Staff Report is to provide City
Council with information on specific City projects or issues of concern to
City Council. Reports may be requested by either Council or staff.
(M) Councilmember Reports (as needed): The purpose of the Councilmember
Reports 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.
(N) Consideration of Items Removed from Consent Calendar for Individual
Discussion
(O) Consideration of Items Planned for Discussion
(P) Resumed Public Comment (if applicable)
(Q) Other Business
(R) Adjournment
b. Special Council meetings shall be conducted in the following order (except for
special items described below):
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(A) Call Meeting to Order
(B) Pledge of Allegiance
(C) Roll Call
(D) Consideration of Items Identified in the Call of Special Meeting
(E) Adjournment
c. Appeals to Council shall be conducted in accordance with Division 3 of Article II
of Chapter 2 of the City Code.
d. Addition of Permitted Use applications pursuant to Land Use Code Section
1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty
acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to
such limitations in time and scope as may be imposed at the discretion of the
presiding officer:
(1) Announcement of Item;
(2) Consideration of any procedural issues;
(3) Explanation of the application by City staff;
(4) Presentation by the applicant and/or by the affected property owner (if not
the applicant);
(5) Public testimony regarding the application;
(6) Rebuttal testimony by the applicant/property owner;
(7) Councilmember questions of City staff, the applicant/property owner and
other commenters; and
(8) Motion, discussion and vote by the City Council.
e. Protest hearings required under City Code Section 7-88 (regarding re-districting)
or Section 7-156 (regarding ballot title and/or submission clause) shall be
conducted in the following order, as part of the agenda item for the item under
protest:
(1) Announcement of Item;
(2) Staff Presentation for Agenda Item;
(3) Presentation by each person who timely filed a Protest;
(4) Councilmember questions of City staff and the protesting parties; and
(5) Motion on each Protest, discussion and vote on each Protest by the City
Council.
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After completion of the Protest Hearing, Council will return to the Agenda Item
and receive comments from any persons desiring to speak on the Agenda Item.
f. Procedures for conduct of other types of special proceedings by the Council shall
be established by the presiding officer and shall comply with any applicable legal
requirements.
g. Items for which a public hearing is required may be considered as part of the
Consent Calendar, and if any item is not pulled from the Consent Calendar for
individual consideration and is adopted as part of the Consent Calendar, it will be
deemed to have been the subject of a public hearing as required by any applicable
Code or other legal requirements.
Section 3. Length of Regular Meetings
a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented
prior to the meeting at approximately 5:00 p.m. and will end no later than 5:30 p.m.
b. Appropriate breaks will be taken during meetings at the presiding officer’s
discretion based on meeting length and agenda.
c. 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 scheduled for consideration at
the meeting that have not yet been considered by the Council, will be deemed
continued to the next regular Council meeting, unless Council determines
otherwise.
d. If the Council for any reason is unable to complete its meeting agenda, all Consent
and Discussion items on the agenda that were not considered will be deemed
continued to the next regular Council meeting, except as otherwise specified by the
Council or, if appropriate, determined by the City Manager.
Section 4. Public Comment During Regular and Special Council Meetings.
a. Comment during Public Participation. During the “Public Comment” segment of
each meeting, comment will be allowed on matters of interest or concern to
members of the public, including items the Council will consider at that night’s
meeting.
(1) Each speaker will be required to sign up to provide public comment on a
City-provided form or system by 5:30pm of the day of the meeting.
(2) Each speaker will only be allowed to speak one time during Public
Comment.
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(3) If a speaker comments on a particular agenda item during the time for
general public comment, that speaker will not also be entitled to speak
during discussion of the particular agenda item.
Section 2-48 of the City Code allows certain interested parties to appeal
development review and other types of decisions to Council for review. In
considering a matter on appeal, the Council must follow certain procedures and
must limit its review to the matters on appeal and the record of the decision that
was appealed. Because of this, comments on matters that are the subject of a board
or hearing officer decision that will be appealable to the Council are not permitted
once the application, review and decision-making process has been initiated.
b. Comment on Agenda Items. Council will receive public comment during
consideration of individual action items, including any item that is addressed by
formal Council action under the “Other Business” segment of the meeting that may
directly affect the rights or obligations of any member of the general public.
(1) Each speaker will only be allowed to speak one time to comment on any
particular agenda item.
(2) Comments given during the comment period for an agenda item must
pertain to the item under consideration.
(3) The Council may, but is not required to, receive public comment in
connection with procedural matters and motions.
(4) Except as otherwise provided in these rules, public comment will be
permitted only once per item regardless of the number of motions made
during Council’s consideration of the item.
c. Decorum; Scope and Type of Comments Allowed.
(1) Comment and testimony are to be directed to the Council. When referring
to a Councilmember, a speaker is expected to use the Councilmember’s
official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
(2) During general public comment, speakers may speak to any matter of
public interest or concern. During discussion of a particular agenda item,
speakers shall limit their comments to that item; testimony that strays from
the topic will be out of order.
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(3) Speakers shall not make personal, impertinent, profane, vulgar, slanderous
intimidating or harassing remarks that disturb, disrupt or impede the
conduct of the meeting or the Council’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or
ethnic slurs directed at any person or group of persons, are prohibited. Any
speaker who is disrupting the meeting will be warned of the disruption and
then steps will be taken to prevent further disruption to the meeting. If the
disruption continues, the speaker’s microphone will be muted, and further
action taken to allow the Council to continue the business of the meeting
agenda.
(4) Speakers shall avoid lengthy repetition of comments already provided.
(5) Dialogue between a speaker and attendees or audience of a meeting, or
comments directed to other speakers, are disruptive to the meeting and will
be out of order.
d. Process and Time Limits for Speaking.
(1) The presiding officer may require those intending to speak to indicate their
intention by a show of hands or some other means, such as “raising a hand”
using remote technology.
(2) The amount of time to be allotted to each speaker will be set by the
presiding officer based upon the number of persons expected to speak, in
order to allow as many as possible to address the Council within a
reasonable time given the scheduled agenda and as necessary to facilitate
Council’s understanding of an item.
(3) The presiding officer may ask those physically present at the meeting and
wishing to speak to move to one of the two lines of speakers before the
speaker next ahead of them on the speakers list is speaking (or to take a
seat nearby for those not able to stand while waiting).
(4) Each speaker will be asked to provide their full name and general address
at the beginning of their comments.
(5) Generally, speakers will be called in the order they appear on the sign-up
list for speaking.
e. Yielding the Lectern. Each speaker shall promptly cease their comments and yield
the lectern immediately upon the expiration of the time allotted by the presiding
officer.
f. Yielding of Time. No speaker may yield part or all of their time to another speaker,
and no speaker will be credited with time requested but not used by another.
g. Public Presentation Materials and Evidence. The use of City projection equipment
to display presentation materials to Council will be allowed in limited
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circumstances that permit City staff to manage the use of the equipment, prepare
materials for display and avoid delay or disruption to the meeting. The following
limits will apply to all presentations by members of the public:
(1) Persons wishing to display presentation materials using the City’s display
equipment under the Public Comment portion of a meeting or during
discussion of any Council item must provide any such materials to the City
Clerk in a form or format readily usable on the City’s display technology
no later than two (2) hours prior to the beginning of the meeting at which
the materials are to be presented.
(2) As an exception to subsection (1), parties-in-interest in agenda items
considered under Section 2.c, 2.d, 2.e or 2.f, above, shall provide all
presentation materials to be displayed or proffered for Council
consideration to the City Clerk (whether in hard copy or for display) in the
manner specified by the City Clerk no later than noon on the day of the
meeting at which the subject item is scheduled for consideration or 4:00
p.m. the business day prior to the meeting if the meeting begins earlier than
6:00 p.m. Any such materials must be in a form or format readily usable on
the City’s display technology. NOTE: Parties in appeals to Council may
present new evidence only in the limited circumstances set forth in Chapter
2 of the City Code.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
a. General Comment, or Expressions of Support or Opposition. Members of the
audience are not entitled to speak except as provided in these Rules of Procedure,
or as expressly requested by the presiding officer or City staff and shall not engage
in expressions of support or opposition, such as clapping, whistling, cheering, foot
stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt,
or impede the meeting or any recognized speaker.
b. Signs and Props.
(1) Signs and props no larger than 11" x 17" are permitted in the City Council
Chambers or in the Council Information Center or other Council meeting
room (collectively referred to as the “Meeting Room”), except no such signs or
props shall be displayed during the conduct of a quasi-judicial hearing
during which general public comment is not taken other than by authorized
speakers in connection with their hearing testimony.
(2) Such signs or props must be held directly in front of one's body so as not to
impede the view of others.
(3) Signs or props may not be waved, held by more than one person at a time,
or used in a manner that, in the judgment of the presiding officer, disrupts
the orderly conduct of business.
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(4) Signs or props may not be left unattended anywhere in the Meeting Room
or left unattended on display in the City Hall lobby area.
(5) Signs or props attached to sticks, poles, or other objects are prohibited.
c. Distribution of Literature. Distribution of fliers or other literature is permitted in
the public lobby areas of City Hall only when City Hall is open for a public event.
Distribution of fliers and other literature is permitted on the sidewalks and grounds
around City Hall. Persons wishing to engage in such activities may do so only in a
manner that does not interfere with the movement of persons or obstruct the passage
of pedestrians or vehicles.
d. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Meeting Room only if the person making
the recording is using a small unobtrusive recording device and is seated or standing
at a speaker lectern when authorized to speak, or in line awaiting an opportunity to
speak, or is either standing in the back of the Meeting Room behind all seated
persons. Other video or audio recording is allowed only in a manner and area
pursuant to the direction of the presiding officer in their reasonable discretion or as
designated for that purpose in advance by the City.
e. Areas Permitted for Seating and Standing. Except for persons waiting in line to
speak in accordance with the presiding officer’s instructions, no persons shall sit in
the Meeting Room except in chairs or seats provided by the City or in wheelchairs
or other assistive devices, and no persons shall stand in the aisles or other locations
in the Meeting Room except in the back of the Meeting Room, and only in
accordance with other applicable limits for fire and building safety.
f. Cellphone and Pagers. The ringer or other tones of any cellphones, pagers or other
communications devices must be off, to avoid disrupting the meeting.
g. Impacts to Public Property. Meeting attendees are prohibited from altering or
damaging any furniture, equipment or other public property or from misusing the
City’s facilities in the course of attending any Council meeting or work session.
h. Leaving the Meeting. Meeting attendees leaving the meeting before it has been
adjourned must leave in a quiet and orderly manner until outside of the building, to avoid
disrupting the meeting.
Section 6. Procedural Decisions Subject to Modification by Council.
Decisions by the presiding officer regarding procedures and procedural issues, including
but not limited to time limits for public comment, may be overridden by a majority vote of the
Council.
Section 7. Council Questions and Debate.
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Council questions and debate regarding an agenda item during a regular or special Council
meeting will occur immediately following public input and prior to entertaining any main motion
related to the item. Except when raising a point of order at a regular or special Council meeting,
Councilmembers seeking to ask questions or participate in debate or discussion will do so only
when recognized by the presiding officer. The presiding officer may limit or curtail questions or
debate as the presiding officer deems necessary for the orderly conduct of business. The presiding
officer may participate in questions and debate.
Section 8. Basic Rules of Order for Regular and Special Council Meetings.
The following commonly used rules of order will govern the conduct of City Council
business at regular and special Council meetings. Except as specifically noted, all motions require
a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised
and reflect the existing practices of the Council and the requirements of the City Charter and City
Code. For example, while a two-thirds vote is necessary for the passage of some of the motions
listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into
executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of
a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the
City Charter.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of
Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s
Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules
of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter
or City Code provision shall prevail. Any Councilmember and the presiding officer may make or
second any motion, except as specifically limited by these rules.
MAIN MOTIONS
Main motions are used to bring business before the Council for consideration and action.
A main motion can be introduced only if no other business is pending.
All main motions require a second and may be adopted by majority vote of those
Councilmembers present and voting, except that: (1) a motion to go into executive session
requires a two-thirds vote of those present and voting and (2) a motion to adopt an
emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for
approval.
A main motion may be made or seconded by any Councilmember, including the presiding
officer.
A main motion is debatable and may be amended.
SUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it, delaying
action on it, or disposing of it. All subsidiary motions require a second to proceed.
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1. Motion to Amend. The point of a motion to amend is to modify the wording - and,
within certain limits, the meaning - of a pending motion before the pending motion itself is acted
upon.
A motion to amend, once seconded, is debatable and may itself be amended once.
A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
Once a motion to amend has been seconded and debated, it is decided before the
main motion is decided.
Certain motions to amend are improper.
o For example, an amendment must be “germane” to be an order. To be
germane, an amendment must in some way involve the same question that
is raised by the motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that
would merely make the adoption of the amended question equivalent to a
rejection of the original motion, or one that would make the question as
amended identical with, or contrary to, one previously decided by the
Council during the same session.
“Friendly” amendments acceptable to the maker and the seconder of the main
motion do not require a second and are permissible at any time before formal
motions to amend the main motion have been made, and after one or more formal
motions to amend the main motion have been made unless one or more members
of Council objects to amending by “friendly” amendment (in which case a formal
motion to amend the main motion must be used for that purpose).
2. Withdrawal of a Motion. After a motion has been seconded and stated by the
presiding officer it belongs to the Council as a whole and the maker may withdraw their motion
unless one or more members of the Council objects, in which case the majority of the Council must consent
to withdrawal of the motion.
3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which
action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or
until after a certain event has occurred.
A motion to postpone definitely must be seconded to proceed.
A motion to postpone definitely can be debated only to the extent necessary to
enable the Council to determine whether the main motion should be postponed and,
if so, to what date or time.
Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
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4. Motion to Lay on the Table. A motion to table is intended to enable the Council to
lay the pending question aside temporarily, but only when something else of immediate urgency
has arisen.
A motion to lay on the table must be seconded to proceed.
Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a
motion that the Council decline to take a position on an agenda item or main motion.
Adoption of a motion to postpone indefinitely kills the agenda item or main motion
and avoids a direct vote on the item or motion. It is useful in disposing of an item
or motion that cannot either be adopted or expressly rejected without undesirable
consequences.
A motion to postpone indefinitely must be seconded to proceed.
A motion to postpone indefinitely is debatable but not amendable.
6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
If any member objects to ending the debate, the presiding officer should ask if there
is a second to the motion and, if so, the presiding officer must immediately take a
vote on whether to end debate.
A motion to call the question is not debatable or amendable.
INCIDENTAL MOTIONS.
These are motions that usually apply to the method of conducting business rather to the business
itself.
1. Point of Order. If a Councilmember thinks that the rules of order are being violated,
the Councilmember can make a point of order, thereby calling upon the presiding officer for a
ruling and an enforcement of the regular rules.
A “point of order” takes precedence over any pending question out of which it may
arise and does not require a second.
A “point of order” is not amendable.
Technically, a “point of order” is not debatable; however:
o With the presiding officer's consent, the member raising the point of order
may be permitted to explain their point.
o In response to a point of order, the presiding officer can either immediately
rule, subject to appeal to the Council, or the presiding officer can refer the
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point of order to the judgment of the Council, in which case the point
becomes debatable.
o In ruling, the presiding officer may consult with the City Attorney or request
the advice of experienced members of the Council.
o No member has the right to express an opinion unless requested to do so by
the presiding officer.
When the presiding officer has made a ruling, any two Councilmembers can appeal
the ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the
Council.
o A tie vote sustains the decision of the presiding officer.
If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. Point of Information. Robert’s Rules of Order provides for a “point of information”
or a “request for information” that is appropriate in the formal setting of a large legislative body.
Because Council consideration of an item is generally an opportunity to request information and
ask questions, the formal “point of information” procedure provided in Robert’s Rules is not
needed or appropriate for City Council meetings.
3. Motion to Divide a Question. If a motion relating to a single subject contains
several parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct questions by
the adoption of a motion for division of the question.
A motion to divide a question, if seconded, takes precedence over the main motion
and is not debatable.
The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case
the amended form of the motion, if seconded, would be decided first.
Often, little formality is involved in dividing a question, and it is arranged by
unanimous consent.
4. Motion to Suspend the Rules. When the Council wishes to do something that it
cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
A motion to suspend the rules can be made at any time that no question is pending
and can be applied to any rule except those that are fundamental principles of the
City Charter, City Code or other applicable laws.
A motion to suspend the rules must be seconded to proceed.
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This motion is neither debatable nor amendable.
The presiding officer may suspend the rules by stating the desire to do so, unless a Councilmember
states an objection. In the event of an objection, a motion, second and approval by a majority vote,
as described above, is required.
RESTORATIVE MOTIONS
These are motions that bring a question again before the Council for its consideration.
1. Motion to Take from the Table. The object of this motion is to take from the table
and make pending again before the Council a motion or series of adhering motions that previously
had been laid on the table.
A motion to take an item from the table must be seconded to proceed.
A motion to take an item from the table is neither debatable nor amendable.
When a question is taken from the table, it is before the Council with everything
adhering to it, exactly as it was when laid on the table.
2. Motion to Reconsider. This motion enables a majority of the Council to bring back
for further consideration a motion that has already been voted on.
A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
A motion to reconsider must be seconded by a member who voted with the
prevailing side of the vote to be reconsidered to proceed.
The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
or erroneous action, or to take into account added information or a changed situation
that has developed since the taking of a vote.
When a member who cannot make a motion for reconsideration believes that there
are valid reasons for one, the member can try, if there is time or opportunity, to
persuade someone who voted with the prevailing side to make such a motion.
A motion to reconsider is debatable whenever the motion proposed to be
reconsidered was debatable. And, when debatable, opens to debate the merits of
the question to be reconsidered.
A motion to reconsider is not amendable.
The effect of the adoption of a motion to reconsider is that the question on which
the vote was reconsidered is immediately placed before the Council in the exact
position it occupied the moment before it was voted on originally.
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EXHIBIT A TO RESOLUTION 2024-090
City Council Rules of Procedure
July 2, 2024
3. Motion to Rescind or Amend Something Previously Adopted. By means of the
motions to rescind or to amend something previously adopted, the Council can change an action
previously taken or ordered.
A motion to rescind or amend something previously adopted must be seconded to
proceed.
A motion to rescind or amend something previously adopted is debatable and
amendable.
In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no
action has been taken by anyone in the interim that cannot be undone), and these
motions can be moved by any member of the Council, regardless of how that
member voted on the original question.
The effect of passage of this motion is not to place the matter back before the
assembly as it was just prior to a vote being taken.
o Instead, it either entirely nullifies the previous action or modifies it,
depending upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something
previously adopted should be carefully considered if third parties may have
relied to their detriment on the previous action.
In order to modify an adopted resolution or ordinance, Council must adopt a new
resolution or ordinance making the desired modification, in compliance with all
formalities applicable to adoption of a resolution or ordinance (as applicable).
PRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate consideration,
even when another motion is pending. This is because these motions do not relate to the pending
business but have to do with special matters of immediate and overriding importance that should
be allowed to interrupt the consideration of anything else, without debate.
1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at their
discretion at the completion of the agenda. However, any Councilmember may move to adjourn
the meeting at any time.
A motion to adjourn requires a second.
A motion to adjourn is always a privileged motion except when the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future
time.
o Such a conditional motion is not privileged and is treated just as any other
main motion.
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o A conditional motion to adjourn at or to a future time is always out of order
while business is pending.
An unconditional, privileged motion to adjourn takes precedence over most other
motions.
The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
2. Motion to Recess. A motion to recess is essentially a motion to take a break during
the course of a Council meeting.
A motion to recess must be seconded.
o A motion to recess that is made when no question is pending is a main
motion and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another
question is pending, in which case it takes precedence over all subsidiary
and incidental motions and most other privileged motions. It is not
debatable and is amendable only as to the length of the recess.
After a recess, the meeting resumes when the presiding officer has called the
meeting back to order.
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Item 16.
Rules of Procedure
Governing the Conduct of City Council Meetings
and Work Sessions
Adopted July 2, 2024
Resolution 2024-090
Section 1. Attendance and Participation in Regular or Special Council Meetings.
a. Councilmembers may participate in discussion at Council Regular and Special
meetings, including executive sessions, using remote technology, except that only
Councilmembers present in person at a meeting are allowed to participate in
consideration of quasi-judicial items, to be treated as present for the purpose of
establishing a quorum, or to vote on any item.
In the event the Mayor, or City Council by majority vote, determines at any time
that circumstances necessitate that Council conduct all or a portion of a regular or
special meeting using remote technology, Councilmembers may fully participate in
and vote in that meeting using remote technology.
Council may authorize additional use of remote technology through the adoption of an
ordinance (such as Ordinance No. 079, 2020, regarding the COVID-19 emergency)
or through modification of the City Code.
b. The public may participate in any Regular or Special Council meeting as set out in
these Rules using the remote technologies that have been arranged for that meeting
and may participate in person unless public access for a particular meeting is limited
to remote-only access, whether in advance of that meeting, or during the meeting
in response to disruption of the planned meeting location or arrangements.
c. If circumstances prevent or are reasonably expected to prevent the Council from
carrying out its business in the Council Chambers, the Mayor, or the Council by
majority vote, may relocate or adjourn such meeting to an alternative location.
a.d. In the case of any such location change or change to the mode of public participation
allowed, notice of the change must be prominently posted for the public at Council
Chambers and the meeting broadcast and stream. The meeting must, at a minimum,
be freely available to the public by electronic means or broadcast, or at a remote
viewing location. If a meeting is relocated and reconvened, or shifted to remote-only
public viewing, a minimum of forty-five (45) minutes must elapse between the
adjournment of the meeting to the new location or mode and reconvening in the
new location or mode.
Section 2. Order of Business for Regular or Special Council Meetings.
a. Regular Council meetings shall be conducted in the following order (except for
special items described in Subsection 2.c, 2.d, 2.e or 2.f, below):
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(A) Proclamations and Presentations. (Prior to the meeting)
(B) Call Meeting to Order
(C) Pledge of Allegiance
(D) Roll Call
(E) City Manager’s Agenda Review (including City Manager removal of items
from Consent Calendar for individual discussion)
(F) Community Reports (as needed): 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.
(G) Public Comment on Any Topics or Items or Community Events (including
comments on the Consent Calendar and any requests by commenters for
removal of items from Consent Calendar for individual discussion) The first
40 speakers will speak plus additional speakers as can be heard in a total of
90 minutes.
(H) Public Comment Follow-up (Staff will indicate to Mayor if anyone signed up to
speak on a Consent item and was not able to speak under public comment. Those
speakers will be able to speak at this point in the agenda.)
(I) Councilmember Removal of Items from Consent Calendar for Discussion
(J) Adoption of Consent Calendar
(K) Consent Calendar Follow-up
(L) Staff Reports (as needed): The purpose of the Staff Report is to provide City
Council with information on specific City projects or issues of concern to
City Council. Reports may be requested by either Council or staff.
(M) Councilmember Reports (as needed): The purpose of the Councilmember
Reports 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.
(N) Consideration of Items Removed from Consent Calendar for Individual
Discussion
(O) Consideration of Items Planned for Discussion
(P) Resumed Public Comment (if applicable)
(Q) Other Business
(RQ) Adjournment
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b. Special Council meetings shall be conducted in the following order (except for
special items described in Subsection 2.c, 2.d, 2.e or 2.f, below):
(A) Call Meeting to Order
(B) Pledge of Allegiance
(C) Roll Call
(D) Consideration of Items Identified in the Call of Special Meeting
(E) Adjournment
c. Appeals to Council shall be conducted in accordance with Division 3 of Article II
of Chapter 2 of the City Code.
d. Addition of Permitted Use applications pursuant to Land Use Code Section
1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty
acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to
such limitations in time and scope as may be imposed at the discretion of the
presiding officer:
(1) Announcement of Item;
(2) Consideration of any procedural issues;
(3) Explanation of the application by City staff;
(4) Presentation by the applicant and/or by the affected property owner (if not
the applicant);
(5) Public testimony regarding the application;
(6) Rebuttal testimony by the applicant/property owner;
(7) Councilmember questions of City staff, the applicant/property owner and
other commenters; and
(8) Motion, discussion and vote by the City Council.
e. Protest hearings required under City Code Section 7-88 (regarding re-districting)
or Section 7-156 (regarding ballot title and/or submission clause) shall be
conducted in the following order, as part of the agenda item for the item under
protest:
(1) Announcement of Item;
(2) Staff Presentation for Agenda Item;
(3) Presentation by each person who timely filed a Protest;
(4) Councilmember questions of City staff and the protesting parties; and
(5) Motion on each Protest, discussion and vote on each Protest by the City
Council.
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After completion of the Protest Hearing, Council will return to the Agenda Item
and receive comments from any persons desiring to speak on the Agenda Item.
f. Procedures for conduct of other types of special proceedings by the Council shall
be established by the presiding officer and shall comply with any applicable legal
requirements.
g. Items for which a public hearing is required may be considered as part of the
Consent Calendar, and if any item is not pulled from the Consent Calendar for
individual consideration and is adopted as part of the Consent Calendar, it will be
deemed to have been the subject of a public hearing as required by any applicable
Code or other legal requirements.
Section 3. Length of Regular Meetings
a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented
prior to the meeting at approximately 5:00 p.m. and will end no later than 5:30 p.m.
b. Appropriate breaks will be taken during meetings at the presiding officer’s
discretion based on meeting length and agenda.
c. 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 scheduled for consideration at
the meeting that have not yet been considered by the Council, will be deemed
continued to the next regular Council meeting, unless Council determines
otherwise.
d. If the Council for any reason is unable to complete its meeting agenda, all Consent
and Discussion items on the agenda that were not considered will be deemed
continued to the next regular Council meeting, except as otherwise specified by the
Council or, if appropriate, determined by the City Manager.
Section 4. Public Comment During Regular and Special Council Meetings.
a. Comment during Public Participation. During the “Public Comment” segment of
each meeting, comment will be allowed on matters of interest or concern to
members of the public, including items the Council will consider at that night’s
meeting.
(1) Each speaker will be required to sign up to provide public comment on a
City-provided form or system by 5:30pm of the day of the meeting.
(1)(2) Each speaker will only be allowed to speak one time during Public
Comment.
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(3) If a speaker comments on a particular agenda item during the time for general
public comment, that speaker will not also be entitled to speak during
discussion of the particular agenda item.
Section 2-48 of the City Code allows certain interested parties to appeal
development review and other types of decisions to Council for review. In
considering a matter on appeal, the Council must follow certain procedures and
must limit its review to the matters on appeal and the record of the decision that
was appealed. Because of this, comments on matters that are the subject of a board
or hearing officer decision that will be appealable to the Council are not permitted
once the application, review and decision-making process has been initiated.
b. Comment on Agenda Items. Council will receive public comment during
consideration of individual action items, including any item that is addressed by
formal Council action under the “Other Business” segment of the meeting that may
directly affect the rights or obligations of any member of the general public.
(1) Each speaker will only be allowed to speak one time to comment on any
particular agenda item.
(2) Comments given during the comment period for an agenda item must
pertain to the item under consideration.
(3) The Council may, but is not required to, receive public comment in
connection with procedural matters and motions.(4) Except as
otherwise provided in these rules, public comment will be permitted only
once per item regardless of the number of motions made during Council’s
consideration of the item.
c. Decorum; Scope and Type of Comments Allowed.
(1) Comment and testimony are to be directed to the Council. When referring
to a Councilmember, a speaker is expected to use the Councilmember’s
official title. Unless otherwise directed by the presiding officer, all
comments must be made into the microphone.
(2) During general public comment, speakers may speak to any matter of
public interest or concern. During discussion of a particular agenda item,
speakers shall limit their comments to that item; testimony that strays from
the topic will be out of order.
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(3) Speakers shall not make personal, impertinent, profane, vulgar, slanderous
intimidating or harassing remarks that disturb, disrupt or impede the
conduct of the meeting or the Council’s completion of its business.
Similarly, threats of violence or harm, or abusive language, and racial or
ethnic slurs directed at any person or group of persons, are prohibited. Any
speaker who is disrupting the meeting will be warned of the disruption and
then steps will be taken to prevent further disruption to the meeting. If the
disruption continues, the speaker’s microphone will be muted and further
action taken to allow the Council to continue the business of the meeting
agenda.
(4) Speakers shall avoid lengthy repetition of comments already provided.
(5) Dialogue between a speaker and attendees or audience of a meeting, or
comments directed to other speakers, are disruptive to the meeting and will
be out of order.
d. Process and Time Limits for Speaking.
(1) The presiding officer may require those intending to speak to indicate their
intention by a show of hands or some other means, such as “raising a hand”
using remote technology.
(2) The amount of time to be allotted to each speaker will be set by the
presiding officer based upon the number of persons expected to speak, in
order to allow as many as possible to address the Council within a
reasonable time given the scheduled agenda and as necessary to facilitate
Council’s understanding of an item.
(3) The presiding officer may ask those physically present at the meeting and
wishing to speak to move to one of the two lines of speakers before the
speaker next ahead of them on the speakers list is speaking (or to take a
seat nearby for those not able to stand while waiting).
(4) Each speaker will be asked to provide their full name and general address
at the beginning of their comments.
(5) After speakers physically present at the meeting have spoken, the
presidinGenerally, speakers will be called in the order they appear on the
sign-up list for speaking.
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e. Yielding the Lectern. Each speaker shall promptly cease their comments and yield
the lectern immediately upon the expiration of the time allotted by the presiding
officer.
f. Yielding of Time. No speaker may yield part or all of their time to another speaker,
and no speaker will be credited with time requested but not used by another.
g. Public Presentation Materials and Evidence. The use of City projection equipment
to display presentation materials to Council will be allowed in limited
circumstances that permit City staff to manage the use of the equipment, prepare
materials for display and avoid delay or disruption to the meeting. The following
limits will apply to all presentations by members of the public:
(1) Persons wishing to display presentation materials using the City’s display
equipment under the Public Comment portion of a meeting or during
discussion of any Council item must provide any such materials to the City
Clerk in a form or format readily usable on the City’s display technology
no later than two (2) hours prior to the beginning of the meeting at which
the materials are to be presented.
(2) As an exception to subsection (1), parties-in-interest in agenda items
considered under Section 2.c, 2.d, 2.e or 2.f, above, shall provide all
presentation materials to be displayed or proffered for Council
consideration to the City Clerk (whether in hard copy or for display) in the
manner specified by the City Clerk no later than noon on the day of the
meeting at which the subject item is scheduled for consideration or 4:00
p.m. the business day prior to the meeting if the meeting begins earlier than
6:00 p.m. Any such materials must be in a form or format readily usable on
the City’s display technology. NOTE: Parties in appeals to Council may
present new evidence only in the limited circumstances set forth in Chapter
2 of the City Code.
Section 5. Public Conduct During Regular and Special Council Meetings and Work Sessions.
a. General Comment, or Expressions of Support or Opposition. Members of the
audience are not entitled to speak except as provided in these Rules of Procedure,
or as expressly requested by the presiding officer or City staff and shall not engage
in expressions of support or opposition, such as clapping, whistling, cheering, foot
stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt,
or impede the meeting or any recognized speaker.
b. Signs and Props.
(1) Signs and props no larger than 11" x 17" are permitted in the City Council
Chambers or in the Council Information Center or other Council meeting
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room (collectively referred to as the “Meeting Room”), except no such signs
or props shall be displayed during the conduct of a quasi-judicial hearing
during which general public comment is not taken other than by authorized
speakers in connection with their hearing testimony.
(2) Such signs or props must be held directly in front of one's body so as not to
impede the view of others.
(3) Signs or props may not be waved, held by more than one person at a time,
or used in a manner that, in the judgment of the presiding officer, disrupts
the orderly conduct of business.
(4) Signs or props may not be left unattended anywhere in the Meeting Room
or left unattended on display in the City Hall lobby area.
(5) Signs or props attached to sticks, poles, or other objects are prohibited.
c. Distribution of Literature. Distribution of fliers or other literature is permitted in
the public lobby areas of City Hall only when City Hall is open for a public event.
Distribution of fliers and other literature is permitted on the sidewalks and grounds
around City Hall. Persons wishing to engage in such activities may do so only in a
manner that does not interfere with the movement of persons or obstruct the passage
of pedestrians or vehicles.
d. Video and Audio Recording. Video and audio recording by the press or other
members of the public is permitted in the Meeting Room only if the person making
the recording is using a small unobtrusive recording device and is seated or standing
at a speaker lectern when authorized to speak, or in line awaiting an opportunity to
speak, or is either standing in the back of the Meeting Room behind all seated
persons. Other video or audio recording is allowed only in a manner and area
pursuant to the direction of the presiding officer in their reasonable discretion or as
designated for that purpose in advance by the City.
e. Areas Permitted for Seating and Standing. Except for persons waiting in line to
speak in accordance with the presiding officer’s instructions, no persons shall sit in
the Meeting Room except in chairs or seats provided by the City or in wheelchairs
or other assistive devices, and no persons shall stand in the aisles or other locations
in the Meeting Room except in the back of the Meeting Room, and only in
accordance with other applicable limits for fire and building safety.
f. Cellphone and Pagers. The ringer or other tones of any cellphones, pagers or other
communications devices must be off, to avoid disrupting the meeting.
f.g. Impacts to Public Property. Meeting attendees are prohibited from altering or
damaging any furniture, equipment or other public property or from misusing the
City’s facilities in the course of attending any Council meeting or work session.
g.h. Leaving the Meeting. Meeting attendees leaving the meeting before it has been
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adjourned must leave in a quiet and orderly manner until outside of the building, to
avoid disrupting the meeting.
Section 6. Procedural Decisions Subject to Modification by Council.
Decisions by the presiding officer regarding procedures and procedural issues, including
but not limited to time limits for public comment, may be overridden by a majority vote of the
Council.
Section 7. Council Questions and Debate.
Council questions and debate regarding an agenda item during a regular or special Council
meeting will occur immediately following public input and prior to entertaining any main motion
related to the item. Except when raising a point of order at a regular or special Council meeting,
Councilmembers seeking to ask questions or participate in debate or discussion will do so only
when recognized by the presiding officer. The presiding officer may limit or curtail questions or
debate as the presiding officer deems necessary for the orderly conduct of business. The presiding
officer may participate in questions and debate.
Section 8. Basic Rules of Order for Regular and Special Council Meetings.
The following commonly used rules of order will govern the conduct of City Council
business at regular and special Council meetings. Except as specifically noted, all motions require
a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised
and reflect the existing practices of the Council and the requirements of the City Charter and City
Code. For example, while a two-thirds vote is necessary for the passage of some of the motions
listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into
executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of
a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the
City Charter.
If there is a question of procedure not addressed by these rules, reference may be made to
Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of
Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s
Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules
of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter
or City Code provision shall prevail. Any councilmember and the presiding officer may make or
second any motion, except as specifically limited by these rules.
MAIN MOTIONS
Main motions are used to bring business before the Council for consideration and action.
A main motion can be introduced only if no other business is pending.
All main motions require a second and may be adopted by majority vote of those
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Councilmembers present and voting, except that: (1) a motion to go into executive session
requires a two-thirds vote of those present and voting and (2) a motion to adopt an
emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for
approval.
A main motion may be made or seconded by any Councilmember, including the presiding
officer.
A main motion is debatable and may be amended.
SUBSIDIARY MOTIONS
These are motions that may be applied to another motion for the purpose of modifying it, delaying
action on it, or disposing of it. All subsidiary motions require a second to proceed.
1. Motion to Amend. The point of a motion to amend is to modify the wording - and,
within certain limits, the meaning - of a pending motion before the pending motion itself is acted
upon.
A motion to amend, once seconded, is debatable and may itself be amended once.
A "secondary amendment," which is a change to a pending "primary amendment,"
cannot be amended.
Once a motion to amend has been seconded and debated, it is decided before the
main motion is decided.
Certain motions to amend are improper.
o For example, an amendment must be “germane” to be an order. To be
germane, an amendment must in some way involve the same question that
is raised by the motion to which it is applied.
o Also, some motions to amend are improper, for example, a motion that
would merely make the adoption of the amended question equivalent to a
rejection of the original motion, or one that would make the question as
amended identical with, or contrary to, one previously decided by the
Council during the same session.
“Friendly” amendments acceptable to the maker and the seconder of the main
motion do not require a second and are permissible at any time before formal
motions to amend the main motion have been made, and after one or more formal
motions to amend the main motion have been made unless one or more members
of Council objects to amending by “friendly” amendment (in which case a formal
motion to amend the main motion must be used for that purpose).
2. Withdrawal of a Motion. After a motion has been seconded and stated by the
presiding officer it belongs to the Council as a whole and the maker may withdraw their motion
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unless one or more members of the Council objects, in which case the majority of the Council
must consent to withdrawal of the motion.
3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which
action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or
until after a certain event has occurred.
A motion to postpone definitely must be seconded to proceed.
A motion to postpone definitely can be debated only to the extent necessary to
enable the Council to determine whether the main motion should be postponed and,
if so, to what date or time.
Similarly, it is amendable only as to the date or time to which the main motion
should be postponed.
4. Motion to Lay on the Table. A motion to table is intended to enable the Council to
lay the pending question aside temporarily, but only when something else of immediate urgency
has arisen.
A motion to lay on the table must be seconded to proceed.
Adoption of a motion to lay on the table immediately halts the consideration of the
affected motion, since a motion to table is neither debatable nor amendable.
5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a
motion that the Council decline to take a position on an agenda item or main motion.
Adoption of a motion to postpone indefinitely kills the agenda item or main motion
and avoids a direct vote on the item or motion. It is useful in disposing of an item
or motion that cannot either be adopted or expressly rejected without undesirable
consequences.
A motion to postpone indefinitely must be seconded to proceed.
A motion to postpone indefinitely is debatable but not amendable.
6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous
consent to end debate. If it does not, however, then debate does not automatically end.
If any member objects to ending the debate, the presiding officer should ask if there
is a second to the motion and, if so, the presiding officer must immediately take a
vote on whether to end debate.
A motion to call the question is not debatable or amendable.
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INCIDENTAL MOTIONS.
These are motions that usually apply to the method of conducting business rather to the business
itself.
1. Point of Order. If a Councilmember thinks that the rules of order are being violated,
the Councilmember can make a point of order, thereby calling upon the presiding officer for a
ruling and an enforcement of the regular rules.
A “point of order” takes precedence over any pending question out of which it may
arise and does not require a second.
A “point of order” is not amendable.
Technically, a “point of order” is not debatable; however:
o With the presiding officer's consent, the member raising the point of order
may be permitted to explain their point.
o In response to a point of order, the presiding officer can either immediately
rule, subject to appeal to the Council, or the presiding officer can refer the
point of order to the judgment of the Council, in which case the point
becomes debatable.
o In ruling, the presiding officer may consult with the City Attorney or request
the advice of experienced members of the Council.
o No member has the right to express an opinion unless requested to do so by
the presiding officer.
When the presiding officer has made a ruling, any two Councilmembers can appeal
the ruling (one making the appeal and the other seconding it).
o When an appeal is taken, the matter is decided by majority vote of the
Council.
o A tie vote sustains the decision of the presiding officer.
If a point of order is to be raised, it must be raised promptly at the time the perceived
violation of the rules occurs.
2. Point of Information. Robert’s Rules of Order provides for a “point of information”
or a “request for information” that is appropriate in the formal setting of a large legislative body.
Because Council consideration of an item is generally an opportunity to request information and
ask questions, the formal “point of information” procedure provided in Robert’s Rules is not
needed or appropriate for City Council meetings.
3. Motion to Divide a Question. If a motion relating to a single subject contains
several parts, each of which is capable of standing as a complete proposition by itself, the parts of
the motion can be separated for consideration and voted on as if they were distinct questions by
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the adoption of a motion for division of the question.
A motion to divide a question, if seconded, takes precedence over the main motion
and is not debatable.
The motion to divide must clearly state the manner in which the question is to be
divided, and while the motion to divide is pending, another member can propose a
different division by moving an amendment to the motion to divide, in which case
the amended form of the motion, if seconded, would be decided first.
Often, little formality is involved in dividing a question, and it is arranged by
unanimous consent.
4. Motion to Suspend the Rules. When the Council wishes to do something that it
cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the
rules that interfere with the proposed action.
A motion to suspend the rules can be made at any time that no question is pending
and can be applied to any rule except those that are fundamental principles of the
City Charter, City Code or other applicable laws.
A motion to suspend the rules must be seconded to proceed.
This motion is neither debatable nor amendable.
The presiding officer may suspend the rules by stating the desire to do so, unless a Councilmember
states an objection. In the event of an objection, a motion, second and approval by a majority vote,
as described above, is required.
RESTORATIVE MOTIONS
These are motions that bring a question again before the Council for its consideration.
1. Motion to Take from the Table. The object of this motion is to take from the table
and make pending again before the Council a motion or series of adhering motions that previously
had been laid on the table.
A motion to take an item from the table must be seconded to proceed.
A motion to take an item from the table is neither debatable nor amendable.
When a question is taken from the table, it is before the Council with everything
adhering to it, exactly as it was when laid on the table.
2. Motion to Reconsider. This motion enables a majority of the Council to bring back
for further consideration a motion that has already been voted on.
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Item 16.
City Council Rules of Procedure
(July 2 , 2024)
14
A motion to reconsider is in order only if made on the same date that the vote to be
reconsidered was taken and can be made only by a member who voted with the
prevailing side of the vote to be reconsidered.
A motion to reconsider must be seconded by a member who voted with the
prevailing side of the vote to be reconsidered to proceed.
The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised,
or erroneous action, or to take into account added information or a changed situation
that has developed since the taking of a vote.
When a member who cannot make a motion for reconsideration believes that there
are valid reasons for one, the member can try, if there is time or opportunity, to
persuade someone who voted with the prevailing side to make such a motion.
A motion to reconsider is debatable whenever the motion proposed to be
reconsidered was debatable. And, when debatable, opens to debate the merits of
the question to be reconsidered.
A motion to reconsider is not amendable.
The effect of the adoption of a motion to reconsider is that the question on which
the vote was reconsidered is immediately placed before the Council in the exact
position it occupied the moment before it was voted on originally.
3. Motion to Rescind or Amend Something Previously Adopted. By means of the
motions to rescind or to amend something previously adopted, the Council can change an action
previously taken or ordered.
A motion to rescind or amend something previou sly adopted must be seconded to
proceed.
A motion to rescind or amend something previously adopted is debatable and
amendable.
In contrast to a motion to reconsider, there is no time limit on making a motion to
rescind or a motion to amend something previously adopted (provided that no
action has been taken by anyone in the interim that cannot be undone), and these
motions can be moved by any member of the Council, regardless of how that
member voted on the original question.
The effect of passage of this motion is not to place the matter back before the
assembly as it was just prior to a vote being taken.
o Instead, it either entirely nullifies the previous action or modifies it,
depending upon which motion is used.
o For that reason, adoption of a motion to rescind or amend something
previously adopted should be carefully considered if third parties may have
relied to their detriment on the previous action.
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Item 16.
City Council Rules of Procedure
(July 2 , 2024)
15
In order to modify an adopted resolution or ordinance, Council must adopt a new
resolution or ordinance making the desired modification, in compliance with all
formalities applicable to adoption of a resolution or ordinance (as applicable).
PRIVILEGED MOTIONS
These motions are of such urgency or importance that they are entitled to immediate consideration,
even when another motion is pending. This is because these motions do not relate to the pending
business but have to do with special matters of immediate and overriding importance that should
be allowed to interrupt the consideration of anything else, without debate.
1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at their
discretion at the completion of the agenda. However, any Councilmember may move to adjourn
the meeting at any time.
A motion to adjourn requires a second.
A motion to adjourn is always a privileged motion except when the motion is
conditioned in some way, as in the case of a motion to adjourn at, or to, a future
time.
o Such a conditional motion is not privileged and is treated just as any other
main motion.
o A conditional motion to adjourn at or to a future time is always out of order
while business is pending.
An unconditional, privileged motion to adjourn takes precedence over most other
motions.
The privileged motion to adjourn is neither debatable nor amendable, while a
conditioned motion to adjourn is debatable and may be amended.
2. Motion to Recess. A motion to recess is essentially a motion to take a break during
the course of a Council meeting.
A motion to recess must be seconded.
o A motion to recess that is made when no question is pending is a main
motion and should be treated as any other main motion.
o A motion to recess is said to be privileged if it is made when another
question is pending, in which case it takes precedence over all subsidiary
and incidental motions and most other privileged motions. It is not
debatable and is amendable only as to the length of the recess.
After a recess, the meeting resumes when the presiding officer has called the
meeting back to order.
Page 328
Item 16.
Headline Copy Goes Here
Senior Policy Manager
Ginny Sawyer
Assistant City Manager
Rupa Venkatesh
Update to Council
Meetings Rules of
Procedure
07-02-2024
Page 329
Item 16.
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.
01
Align recent Code changes
to allow for Council to
attend and vote remotely
should the meeting get
relocated
02
Clarify the purpose of
community, staff, and
Council reports
03
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Item 16.
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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 to midnight
April 2024:
•Code changed to allow Councilmembers to attend and vote remotely if a meeting is
relocated to a remote mode.
Page 331
Item 16.
Headline Copy Goes HerePublic Comment Data Since Oct 2022
4
Since on-line sign-ups for comment
have been required, numbers have
ranged from 1-187 in the following
ways:
•1-40 comments: 29 times (64%)
•41-70 comments: 7 times (16%)
•71-100+ comments: 9 times (20%)
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Item 16.
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5
Proposed Public Comment Changes
•Change sign-up cut-off time to 5:30
•Allocate 40 speakers to speak and/or a total of 90 minutes of general public
comment at beginning of meeting
•If speakers want to comment on Consent calendar and not able to speak during
the first portion of public comment, they will be called to speak prior to Council’s
consideration to adopt Consent calendar
•Resume General Public Comment at the end of the meeting if necessary
Items NOT Changing:
•Online sign-up required
•Comments on discussion items allowed under general public comment or during
item consideration
•Can only speak to an item once
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Item 16.
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6
Proposed Meeting Agenda
A.Proclamations and Presentations
B.Call Meeting to Order
C.Pledge of Allegiance
D.Roll Call
E.City Manager’s Agenda Review
F.Community Reports
G.Public Comment on Any Topic (40 people and/or a
total of 90 mins)
H.Public Comment Follow Up (this would include any
public comment on consent items prior to Council
vote if there was not enough time during Agenda
item G)
I.Councilmember Removal of Items From Consent
Calendar For Discussion
J.Adoption of Consent Calendar
K.Consent Calendar Follow-Up
L.Staff Reports
M.Councilmember Reports
N.Consideration of Items Removed from the Consent
Calendar for Individual Discussion
O.Consideration of Items Planned for Discussion
(includes public comment on discussion items, as it
currently does)
P.Resumed Public Comment (if applicable)
Q.Other Business
R.Adjournment
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Item 16.
Headline Copy Goes Here
7
In Practice
Stating up to 40 comments and/or 90 minutes allows predictability for the first 40.
Hello (Name),
Thank you for signing up to participate in the Fort Collins Council meeting on Tuesday, (Month, day), starting at 6
PM. Your communication to Council allows us to make better decisions and is truly the bedrock of our democracy.
Due to our rules of procedure, Council is not able to interact with each individual after comments are made;
however, please know we value your input and it is taken into account as we consider policy decisions.
You are number (anything between 1-40) signed up to speak during public comment and will be called during the
first portion of General Public Comment.
I hope you continue to stay engaged --our future depends on it.
Kindly,
Jeni
Jeni Arndt, Mayor of Fort Collins
970-413-3146
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Item 16.
Headline Copy Goes Here
8
In Practice
Stating up to 40 comments and/or 90 minutes allows predictability for the first 40 and allows Mayor flexibility of
speaking time which could accommodate more than 40 in 90 minutes.
Hello (Name),
Thank you for signing up to participate in the Fort Collins Council meeting on Tuesday, (Month, day), starting at 6
PM. Your communication to Council allows us to make better decisions and is truly the bedrock of our democracy.
Due to our rules of procedure, Council is not able to interact with each individual after comments are made;
however, please know we value your input and it is taken into account as we consider policy decisions.
You are number (anything 41 and higher) signed up to speak during public comment. We end the first portion of
General Public Comment after 90 minutes and based on your number you will likely be called during the second
portion of General Public Comment which occurs at the end of the meeting.
I hope you continue to stay engaged --our future depends on it.
Kindly,
Jeni
Jeni Arndt, Mayor of Fort Collins
970-413-3146
Page 336
Item 16.
Headline Copy Goes Here
9
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 City Council with information on specific City projects or issues of
concern to City Council. Reports may be requested by either Council or staff.
Councilmember Reports:
The purpose of Councilmember Reports 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 337
Item 16.
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Questions?
10
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Item 16.
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11
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 339
Item 16.
PROCLAMATION
WHEREAS, parks and recreation is an integral part of communities throughout this
country, including the City of Fort Collins; and
WHEREAS, parks and recreation promotes health and wellness, improving physical and
mental health of people who live near parks; and
WHEREAS, parks and recreation promotes time spent in nature, which positively impacts
mental health by increasing cognitive performance and well-being, and alleviating illnesses such
as depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS, parks and recreation encourages physical activities by providing space for
popular sports, hiking trails, swimming pools and many other activities designed to promote active
lifestyles; and
WHEREAS, parks and recreation programming and education activities, such as camps,
swimming, youth sports, and school’s day out programming are critical to childhood development;
and
WHEREAS, parks and recreation increases a community’s economic prosperity through
increased property values, expansion of the local tax base, increased tourism, the attraction and
retention of businesses, and crime reduction; and
WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our
communities resilient in the face of natural disasters and climate change and is fundamental to the
environmental well-being of our community;
WHEREAS, the City of Fort Collins recognizes the benefits derived from parks and
recreation resources.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
recognize July 2024, as
PARK AND RECREATION MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 2nd day of July, 2024.
___________________________________
Mayor
ATTEST:
____________________________________
City Clerk
Page 340
Item OB 2.