HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/16/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, July 16, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
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solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
July 16, 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 - None.
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 prior to 5:30 p.m. using the online sign-up system
available at www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not be able to speak during
discussion on the same agenda item.
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• All speakers will be called to speak by the presiding officer from the list of those signed up. The first
40 speakers will speak plus additional speakers that can be heard in a total of 90 minutes. If, at the
end of 90 minutes of public comment, there are speakers who did not have the opportunity to speak,
public comment will resume after Council has considered items scheduled for discussion.
• 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. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, appropriates $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.
2. Second Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Lincoln Center, Cultural Services.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an appropriation
of $12,500 in philanthropic revenue designated for the Lincoln Center, Cultural Services
designated as a Sponsorship.
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City of Fort Collins Page 3 of 9
3. Second 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 Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an appropriation
of $20,000 in philanthropic revenue received through City Give for Neighborhood Services,
Community Development and Neighborhood Services, Planning, Development and
Transportation to support healthy outcomes for residents’ homes through three, one-day,
homeowner workshops at Skyline, North College, and Harmony Village mobile home
communities.
4. Second Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue
Received Through City Give for NextGen, Volunteer Services.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, 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.
5. Items Relating to the Repeal and Reenactment of Certain Ordinances.
A. Second Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and Making
Supplemental Appropriations in the Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and Making
Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. Second 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. Second 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. Second 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. Second 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.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, were requested by
staff to repeal each Ordinance as they were adopted on June 18, 2024, due to a publication error.
These Ordinances were unanimously adopted on First Reading on June 4, 2024.
6. Second Reading of Ordinance No. 093, 2024, Calling a Special Election to be Held in
Conjunction with the November 5, 2024, Larimer County General Election.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, calls a Special Municipal
Election to be held in conjunction with the November 5, 2024, Larimer County Coordinated
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Election, and to preserve the opportunity for Council to place initiated or referred issues on the
November ballot.
7. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language
regarding proposed amendments to Article VIII of the City Charter relating to election provisions.
8. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language
regarding proposed amendments to Article IX of the City Charter relating to recall provisions.
9. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language
regarding proposed amendments to Article X of the City Charter relating to initiative and
referendum provisions.
10. Items Relating to Traffic Safety Initiative – Automated Vehicle Identification System (AVIS)
Corridors.
A. Second 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. Second Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort
Collins Traffic Code Section 1106.
C. Second 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.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, recommend a proposal
from Police Services and Planning, Development and Transportation (PDT), supported by the City
Attorney's Office (CAO), and Municipal Court. This proposal stems from recent changes to
Colorado law related to the expanded use of unmanned speed enforcement with Automated
Vehicle Identification Systems (AVIS), on sections of roadways designated by the Council as
speed corridors. The initiative's primary goal is to promote traffic safety through speed
enforcement and supports Vision Zero, the Council's goal of eliminating Fort Collins roadway
fatalities and reducing injury crashes.
11. Items Relating to Golf Enterprise Expenses.
A. First Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf
Enterprise.
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B. First Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf Fund
for the Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
The purpose of these items is to consider an appropriation of $730,930 from Golf Fund Reserves
for necessary system replacement and an appropriation of $350,000 from unanticipated excess
revenue to the 2024 budget to address the additional costs in Golf primarily related to higher
revenues.
12. First Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
The purpose of this item is to request an appropriation of $70,000 to Park Planning and
Development to conduct a community-scale bike park feasibility study as directed by Council at
the June 11 Work Session. The feasibility study will include an evaluation of potential bike park
locations, associated capital and on-going costs, identification of park amenities and features,
and a community engagement process. This item is in response to public input from the 2021
Parks and Recreation Plan: Recreate, and recent significant community input.
13. First Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue Received
by City Give for the Renovation of the Historic Carnegie Library as Designated by the
Donor.
The purpose of this item is to request appropriation of $100,000 in philanthropic revenue received
by City Give for The Community Center for Creativity as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
14. First Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the
Lincoln Center.
The purpose of this item is to consider an appropriation of $644,000 in unan ticipated revenue in
2024 for expenses related to Artists and Musicians Fees for LC Live shows at the Lincoln Center.
15. First Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of Funds
from the Colorado Department of Public Health and Environment, Environmental Justice
Grant for the Cultivating Community-Led Resilient Homes Project and Approving a Related
Intergovernmental Agreement.
The purpose of this item is to support the City’s commitment to advancing equity and
environmental justice for all Fort Collins community members by appropriating $168,874 of
unanticipated grant revenue awarded by the Colorado Department of Public Health and
Environment (CDPHE) for the Cultivating Community-Led Resilient Homes project.
16. Resolution 2024-091 Approving the Acquisition and Installation of a Public Asphalt Art
Mural on Canyon Avenue.
The purpose of this item is to approve the acquisition and installation of a work of art at the
intersection of Canyon/Magnolia/Sherwood, which exceeds $30,000 in cost. Council has
previously appropriated $25,000 (appropriated 5/7/24) from the Bloomberg Asphalt Art
Innovations Grant which will be used to partially fund the installation. Additional funds to be used
for this project will come from the Community Capital Improvement Program for Pedestrian
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City of Fort Collins Page 6 of 9
Sidewalk/ADA compliance and Bicycle Infrastructure Improvements, which will support the traffic
calming elements of the project. The total project cost of $56,500 will cover artist honorarium,
materials, traffic plans, barricades, installation, ADA materials, site preparation striping and
community engagement supplies.
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
Highlight the Explorer Program from Fort Collins Police Services.
The purpose of this item is to highlight and recognize the Fort Collins Police Services’ Explorer
Program for the volunteer services the members provide to Fort Collins Police Services and the
community and to recognize the Explorers who recently participated in a national Explorer
competition.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDI VIDUAL
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.
17. Items Relating to the Civic Assembly Process.
A. First Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the General
Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
B. Resolution 2024-092 Approving an Exception to the Competitive Purchasing Process to
Procure Professional Services from Healthy Democracy Fund Related to a Civic Assembly
Process for the Hughes Master Plan.
The purpose of this item is to appropriate one-time dollars in the amount of $150,000 to be used
for a Civic Assembly engagement process in relation to the Hughes Site Plan work. Staff is also
requesting that City Council approve a sole source exception for Healthy Democracy Fund to
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City of Fort Collins Page 7 of 9
provide services related to the design, coordination and implementation of a civic assembly
should grant revenue bring the project above $200,000.
18. Items Relating to the Submission to the Voters of a Ballot Question Extending the Quarter-
Cent Sales and Use Tax for the Street Maintenance Program.
The purpose of this item is to set the ballot language and refer the Street Maintenance Program
tax renewal to the November 5, 2024, election.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. Resolution 2024-093 Submitting to the Registered Electors of the City at the November 5,
2024, Regular City Election the Question of the Extension of the Expiring Quarter-Cent Sales and
Use Tax Used to Fund the City’s Street Maintenance Program.
Any protest of the proposed ballot language must be received no later than Monday, July 17,
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.
19. Resolution 2024-094 Regarding the City’s Position on the Northern Integrated Supply
Project.
The purpose of this item it to update and clarify the City’s position on the Northern Integrat ed
Supply Project (NISP) in light of current project status and the potential that Northern Water may
seek a 1041 permit from the City.
20. Resolution 2024-095 Expressing Opposition to a Concrete Batch Plant Proposed within the
City’s Growth Management Area.
Larimer County is processing a development application for a proposed concrete batch plant near
the intersection of Highway 287 and Terry Lake Road. Planning staff sent comments to County
Planning staff on January 29, 2024. Planning staff commented that the development proposal
does not align with the vision and plans for Fort Collins in this area. As such, Planning staff do
not support the development proposal.
On July 2, 2024, City Council discussed the development proposal during Other Business and
requested a resolution to formally express their opposition to the development project.
P) RESUMED PUBLIC COMMENT (if applicable)
Q) 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.)
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City of Fort Collins Page 8 of 9
OB 2. Possible Consideration of a Combined Motion for Executive Session:
“I move that the City Council go into executive session pursuant to:
- City Charter Article Roman Numeral Two, Section 11(2),
- City Code Section 2-31(a)(2), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(b)
for the purpose of discussing with the City’s attorneys and appropriate
management staff the following:
1. specific legal questions related to oil and gas regulatory compliance and
enforcement actions pending for the Fort Collins field; and
2. the manner in which the particular policies, practices or regulations of the City
and existing or proposed provisions of federal, state or local law may affect oil and
gas regulatory compliance and enforcement for the Fort Collins field.
3. specific legal questions related to collective bargaining with the Fraternal Order
of Police and the manner in which particular policies, practices or regulations of the
City related to collective bargaining and employment may be affected by existing or
proposed provisions of federal, state or local law.
And pursuant to:
- City Charter Article Roman Numeral Two, Section 11(1),
- City Code Section 2-31(a)(1)(d), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(f)(I),
for the purpose of discussing with the City’s attorneys and appropriate
management staff personnel and strategy matters relating to negotiations with the
Fraternal Order of Police.”
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next 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.
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City of Fort Collins Page 9 of 9
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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File Attachments for Item:
1. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, appropriates $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.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 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
Second 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
This Ordinance, unanimously adopted on First Reading on July 2, 2024, appropriates $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 Ordinance on the Second 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 1,200 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.
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
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Item 1.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
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 posit ions 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
First Reading attachments not included.
1. Ordinance for Consideration
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Item 1.
-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 13
Item 1.
-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 14
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Lincoln Center, Cultural Services.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an
appropriation of $12,500 in philanthropic revenue designated for the Lincoln Center, Cultural
Services designated as a Sponsorship.
Page 15
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 084, 2024, Appropriating Philanthropic Revenue Received
Through City Give for the Lincoln Center, Cultural Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an 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 Second 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 Fourth of July festivities 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
Page 16
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
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.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 17
Item 2.
-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 18
Item 2.
-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 19
Item 2.
File Attachments for Item:
3. Second 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 Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an
appropriation of $20,000 in philanthropic revenue received through City Give for Neighborhood
Services, Community Development and Neighborhood Services, Planning, Development and
Transportation to support healthy outcomes for residents’ homes through three, one-day,
homeowner workshops at Skyline, North College, and Harmony Village mobile home
communities.
Page 20
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second 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 Ordinance, unanimously adopted on First Reading on July 2, 2024, requests an appropriation of
$20,000 in philanthropic revenue received through City Give for Neighborhood Services, Community
Development and Neighborhood Services, Planning, Development and 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 Second Reading.
BACKGROUND / DISCUSSION
American Association of Retired Persons (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 East 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
Page 21
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
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
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 and
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
First Reading attachments not included.
1. Ordinance for Consideration
Page 22
Item 3.
-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 23
Item 3.
-2-
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 24
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue
Received Through City Give for NextGen, Volunteer Services.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, 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.
Page 25
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 086, 2024, Appropriating Philanthropic Revenue Received
Through City Give for NextGen, Volunteer Services.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 2, 2024, 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 Second 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 26
Item 4.
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
First Reading attachments not included.
1. Ordinance for Consideration
Page 27
Item 4.
-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 28
Item 4.
File Attachments for Item:
5. Items Relating to the Repeal and Reenactment of Certain Ordinances.
A. Second Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and
Making Supplemental Appropriations in the Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and
Making Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. Second 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. Second 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. Second 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. Second 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.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, were requested by
staff to repeal each Ordinance as they were adopted on June 18, 2024, due to a publication
error. These Ordinances were unanimously adopted on First Reading on June 4, 2024.
Page 29
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 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. Second Reading of Ordinance No. 087, 2024, Repealing Ordinance No. 074, 2024, and Making
Supplemental Appropriations in the Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 088, 2024, Repealing Ordinance No. 075, 2024, and Making
Supplemental Appropriations in the HOME Investments Partnerships Grant Fund.
C. Second 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. Second 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. Second 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. Second 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.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, were requested by staff to
repeal each Ordinance as they were adopted on June 18, 2024, due to a publication error. These
Ordinances were unanimously adopted on First Reading on June 4, 2024.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second 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 30
Item 5.
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
First Reading attachments not included.
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 31
Item 5.
-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 32
Item 5.
-2-
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 33
Item 5.
-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 34
Item 5.
-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 35
Item 5.
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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 36
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: Jenny Lopez Filkins
Page 37
Item 5.
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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 38
Item 5.
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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 39
Item 5.
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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.
Page 40
Item 5.
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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 41
Item 5.
-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 42
Item 5.
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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 43
Item 5.
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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 44
Item 5.
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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 45
Item 5.
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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 46
Item 5.
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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 47
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 093, 2024, Calling a Special Election to be Held in
Conjunction with the November 5, 2024, Larimer County General Election.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, calls 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.
Page 48
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on July 2, 2024, calls 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 Second 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 49
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration.
Page 50
Item 6.
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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 51
Item 6.
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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 52
Item 6.
File Attachments for Item:
7. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024 , sets ballot language regarding
proposed amendments to Article VIII of the City Charter relating to election provisions.
Page 53
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Heather Walls, Deputy City Clerk
Rupa Venkatesh, Assistant City Manager
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language regarding
proposed amendments to Article VIII of the City Charter relating to election provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second 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.
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
Page 54
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
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 bef ore”, 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
First Reading attachments not included.
1. Ordinance for Consideration
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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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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 will provide by ordinance for the manner of holding city elections. All
ordinances regarding elections must be consistent with the provisions of this Charter and
the state Constitution. For any matter regarding elections not covered by the state
Constitution, this Charter or ordinance of the Council will 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 will be held on the first Tuesday in November of every odd -
numbered year. All other municipal elections will be known as special city elections and
will be called by ordinance and must be held in accordance with the provisions of this
Charter and any ordinances adopted pursuant thereto. All municipal elections must 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 will 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
will 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
must be signed by not less than twenty-five (25) registered electors. A nominating petition
for District Council office must be signed by not less than twenty-five (25) registered
electors residing in that District. A registered elector may sign one (1) petition for each
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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 will be void as to all petitions which the
elector signed.
Nominating petitions must be filed with the City Clerk. The Council will 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 must not be
changed within one hundred eighty (180) days immediately prior t o the election. No
nominating petition may be accepted unless the candidate completes a verified
acceptance of the nomination certifying that they are not a candidate, directly or indirectly,
of any political party, and that they meet 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 may be placed upon the ballot.
Section 4. Petitions.
(a) Form; circulation. The Council will prescribe by ordinance, upon recommendation of
the City Clerk, the form for a nominating petition which must 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 will 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 signature of the person whose name it purports
to be. When executed, such statement must be accepted as true until it may be proved
false. If any portion is proved false, that portion of any petition must be disregarded.
Following each signature on the petition of nomination must be written the printed name
and the residence address of the signer, and the date of signing. All nominating papers
comprising a petition must be filed as one (1) instrument.
(b) Sufficiency of petition. Upon receipt of a nominating petit ion, the City Clerk will
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 will be disregarded in determining the validity of signatures thereon, or a different
petition may be filed for the same candidate. The petition for each candidate elected to
office must be preserved by the City Clerk until the expiration of the terms of office for
such person.
(c) No person may 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, the lead election
expert in the City Clerk’s Office, as determined by the City Clerk, and Chief Judge. The
Board will 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 must 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 will be
arranged in alphabetical order of surname for each office, and may not contain any title
or degree designating the business or profession of the candidate. The candidate's name
may be a nickname, but may 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 must 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, will be declared elected to that office. In event of a tie, the selection will 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 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. If there is no other elected successor who qualifies
or if the vote tabulation can no longer be rerun , the office will be deemed vacant, and will
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 must complete an amended certificate
declaring the results of the election by no later than five (5) business days after the
completion of the recount.
(b) For coordinated city elections (which are not administered by the City), the election
will be determined and certified, and any tie vote or recount will be administered, 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), will be declared elected to
that office.
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(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 will 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 may 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 will, 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
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.
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(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 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. 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 ;
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
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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: Carrie Daggett
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File Attachments for Item:
8. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024 , sets ballot language regarding
proposed amendments to Article IX of the City Charter relating to recall provisions.
Page 63
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Heather Walls, Deputy City Clerk
Rupa Venkatesh, Assistant City Manager
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language regarding
proposed amendments to Article IX of the City Charter relating to recall provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second 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.
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.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
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 requirem ents 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 fi ve,
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.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
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
First Reading attachments not included.
1. Ordinance for Consideration
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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 for 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 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 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 Article.
(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 for
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 signed 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 for 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 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.
(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 or 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 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 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 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 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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File Attachments for Item:
9. Second 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.
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language regarding
proposed amendments to Article X of the City Charter relating to initiative and referendum provisions.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Heather Walls, Deputy City Clerk
Rupa Venkatesh, Assistant City Manager
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 2, 2024, sets ballot language regarding
proposed amendments to Article X of the City Charter relating to initiative and referendum provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second 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
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
recission, rather than showing the extensive individual wording amendments.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
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.
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
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
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
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Election Code Committee unanimously supported the proposed Charter amendments.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
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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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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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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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File Attachments for Item:
10. Items Relating to Traffic Safety Initiative – Automated Vehicle Identification System
(AVIS) Corridors.
A. Second 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. Second Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort
Collins Traffic Code Section 1106.
C. Second 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.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, recommend a
proposal from Police Services and Planning, Development and Transportation (PDT), supported
by the City Attorney's Office (CAO), and Municipal Court. This proposal stems from recent
changes to Colorado law related to the expanded use of unmanned speed enforcement with
Automated Vehicle Identification Systems (AVIS), on sections of roadways designated by the
Council as speed corridors. The initiative's primary goal is to promote traffic safety through
speed enforcement and supports Vision Zero, the Council's goal of eliminating Fort Collins
roadway fatalities and reducing injury crashes.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 8
July 16, 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 Relating to Traffic Safety Initiative – Automated Vehicle Identification System (AVIS) Corridors.
EXECUTIVE SUMMARY
A. Second 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. Second Reading of Ordinance No. 098, 2024, Designating Speed Corridors Pursuant to Fort Collins
Traffic Code Section 1106.
C. Second 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.
These Ordinances, unanimously adopted on First Reading on July 2, 2024, 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 C ouncil's goal of eliminating Fort
Collins roadway fatalities and reducing injury crashes.
STAFF RECOMMENDATION
Staff recommends adoption of all Ordinances on Second 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 Council. The initiative's primary goal is to
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 8
promote traffic safety through speed enforcement and supports Vision Zero, the Council's goal of
eliminating Fort Collins roadway fatalities and reducing injury crashes.
A fundamental portion of the 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 Attor ney'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 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 appropriation will fund essential full time equivalents (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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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 $2,500 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 (light-emitting diode) 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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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 1 to March 31 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)
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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
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.
Adopt on Second Reading the Ordinance Repealing and Reenacting Municipal Traffic Code Sections
615 and 1106
Adopt on Second Reading the Ordinance Designating Speed Corridor Locations
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City Council Agenda Item Summary – City of Fort Collins Page 7 of 8
Adopt on Second 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
to provide regular reports in-line with the budgeting for outcomes (BFO) process. This data will be
publicized on Police Services website and updated monthly.
ATTACHMENTS
First Reading attachments not included.
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City Council Agenda Item Summary – City of Fort Collins Page 8 of 8
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
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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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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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(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
Page 121
Item 10.
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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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Item 10.
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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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Item 10.
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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
Page 124
Item 10.
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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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Item 10.
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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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Item 10.
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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 127
Item 10.
File Attachments for Item:
11. Items Relating to Golf Enterprise Expenses.
A. First Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf
Enterprise.
B. First Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf
Fund for the Replacement of Necessary Systems at the Southridge and Collindale Golf
Courses.
The purpose of these items is to consider an appropriation of $730,930 from Golf Fund
Reserves for necessary system replacement and an appropriation of $350,000 from
unanticipated excess revenue to the 2024 budget to address the additional costs in Golf
primarily related to higher revenues.
Page 128
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Victoria Shaw, Senior Manager, FP&A, Community Services
Scott Phelps, Senior Manager Parks/Golf
Dean Klingner, Community Services Director
SUBJECT
Items Relating to Golf Enterprise Expenses.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 100, 2024, Appropriating Prior Year Reserves for the Golf Enterprise.
B. First Reading of Ordinance No. 101, 2024, Appropriating Prior Year Reserves in the Golf Fund for the
Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
The purpose of these items is to consider an appropriation of $730,930 from Golf Fund Reserves for
necessary system replacement and an appropriation of $350,000 from unanticipated excess revenue to
the 2024 budget to address the additional costs in Golf primarily related to higher revenues.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
Since 2019, Golf revenues have been growing at an average compound growth rate of 9% per year,
excluding transfers and proceeds from Certificates of Participation (COPs). The heightened revenue is
driven by increased patronage and participation in golf-related activities, demonstrating a positive trend in
community engagement. The Golf Division acts as an enterprise and does not receive any ongoing subsidy
from other City Funds, including the General Fund.
With the rise in revenue, the Golf division is experiencing heightened expenses which are directly linked to
the revenue growth rate exceeding standard ongoing budget increases and utility cost increases:
These increased expenses include expenses for banking services, which are driven by credit card
processing fees associated with higher revenues.
Increased expenses for contractual labor are the reimbursements to the contracted golf professionals
who operate the pro shops at each course for their share of the revenue.
Increased utility expenses are driven by higher rates, with rates increasing faster than budgeted
increases, and some additional electric consumption due to transition to electric carts.
Page 129
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
These activities are expected to incur a $350,000 shortfall in budget vs. expenses for 2024 without
additional appropriation.
Since these are ongoing expenses associated with higher revenue, staff is requesting the appropriation
for these expenses be made from unanticipated excess revenues.
Golf has also been investing in deferred maintenance and asset replacement, prioritizing projects with
environmental or safety outcomes, resulting in a request to use Golf Enterprise reserves to fund projects:
The irrigation system at Southridge is undergoing a full replacement, with water savings estimated to
exceed 20%. In 2022, two appropriations for funding were approved to address construction and
material costs associated with installing a new irrigation system and pond dredging at SouthRidge Golf
Course. These ordinances were Nos. 001, 2022 and 072, 2022. Those appropriations covered the
majority of work associated with the project. Now that work is substantively complete, staff is requesting
the appropriation for the remaining amount to close the project. Staff is requesting the $563,000
remaining cost to be appropriated from reserves where the bond proceeds for the project was allocated.
In 2023, Poudre Fire Authority notified the golf division that the current HVAC and hydrogen alarm
system located in the clubhouse basement at Collindale did not meet current fire codes and needed to
be upgraded as soon as possible to remain in operation. Current cost estimates for a compliant system
are $167,930. Staff is requesting the funds be appropriated from Golf Reserves.
Exhibit A shows the 5-year trend of Golf division revenue (excluding proceeds from COPs) alongside the
5-year trend in budget appropriated for revenue linked expenses. Approving this appropriation ordinance
will correct the budget shortfall for 2024, and staff has included this trend in the 2025/2026 Ongoing
Budgeting for Outcomes (BFO) offer.
Exhibit A:
CITY FINANCIAL IMPACTS
If adopted, these Ordinances will appropriate $730,930 from Golf Fund Reserves and $350,000 from
Page 130
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
unanticipated excess revenue for use within the Golf enterprise. Golf receives no ongoing subsidy from the
General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
Page 131
Item 11.
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ORDINANCE NO. 100, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES FOR THE GOLF
ENTERPRISE
A. The City created a fund to account for Golf activities under Section 8 -79 of
the City Code (“Golf Fund”).
B. On November 21, 2023, the City Council adopted Ordinance No. 145, 2023,
which set the budget for the Golf Fund for the fiscal year beginning January 1, 2024, and
ending December 31, 2024. Golf receives no ongoing subsidy from the General Fund.
C. The Golf Fund is expected to incur a $350,000 shortfall for the current fiscal
year due to increased expenses related to increased patronage and increased expenses
for utilities and financial services and contractual labor.
D. To maintain the current golf services available to the public at City golf
courses, City staff recommends using $350,000 from unanticipated excess revenue to
fund the shortfall.
E. This appropriation benefits public health, safety, and welfare of the citizens
of Fort Collins and serves the public purpose of maintaining all current golf services to the
public.
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 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.
G. The City Manager has recommended the appropriation described her ein
and determined that this appropriation is available and previously unappropriated from
the Golf Fund and will not cause the total amount appropriated in the Golf 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 unanticipated revenue in the Golf
Fund the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) to be
expended in the Golf Fund for the Golf Enterprise.
Page 132
Item 11.
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Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Sara Arfmann
Page 133
Item 11.
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ORDINANCE NO. 101, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GOLF
FUND FOR THE REPLACEMENT OF NECESSARY SYSTEMS AT
THE SOUTHRIDGE AND COLLINDALE GOLF COURSES
A. The City created a fund to account for Golf activities under Section 8 -79 of
the City Code (“Golf Fund”).
B. On November 21, 2023, the City Council adopted Ordinance No. 145, 2023,
which set the budget for the Golf Fund for the fiscal year beginning January 1, 2024, and
ending December 31, 2024. Golf receives no ongoing subsidy from the General Fund.
C. Staff requests funding for the replacement of two necessary systems, the
final costs for replacing the irrigation system at Southridge Golf Course and the
replacement of the HVAC and hydrogen alarm system at Collindale Golf Course.
D. In 2022, the City began the capital project of installing a new irrigation
system at the City’s Southridge Golf Course.
E. Council adopted Ordinance Nos. 01, 2022, and 072, 2022, to fund this
capital project. Staff requests an additional appropriation of $563,000 for the remaining
costs of this project.
F. In 2023, Poudre Fire Authority notified staff that the current HVAC and
hydrogen alarm system located at the Collindale clubhouse required an upgrade as soon
as possible. The estimated cost for a compliant system is $167,930.
G. To maintain the current golf services available to the public at City golf
courses, City staff recommends using $730,930 from Golf Fund Reserves to fund the
replacement of these two necessary systems.
H. These appropriations benefit public health, safety, and welfare of the
citizens of Fort Collins and serve the public purpose of maintaining all current golf services
to the public.
I. 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.
J. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Golf Fund and will not cause the total amount appropriated in the Golf 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 134
Item 11.
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K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital projec t.
L. The City Council wishes to designate the appropriation herein for the
irrigation system replacement at Southridge Golf Course in the amount of $563,000 as
an appropriation that shall not lapse until the completion of the project.
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 Golf
Fund the sum of SEVEN HUNDRED THIRTY THOUSAND NINE HUNDRED THIRTY
DOLLARS ($730,930) to be expended in the Golf Fund for the Golf Enterprise.
Section 2. The appropriation herein for irrigation system replacement at
Southridge Golf Course is hereby designated, as authorized in Article V, Section 11 of
the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the completion of the project.
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Sara Arfmann
Page 135
Item 11.
File Attachments for Item:
12. First Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
The purpose of this item is to request an appropriation of $70,000 to Park Planning and
Development to conduct a community-scale bike park feasibility study as directed by Council at
the June 11 Work Session. The feasibility study will include an evaluation of potential bike park
locations, associated capital and on-going costs, identification of park amenities and features,
and a community engagement process. This item is in response to public input from the 2021
Parks and Recreation Plan: Recreate, and recent significant community input.
Page 136
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Dean Klingner, Community Services Director
Mike Calhoon, Parks Director
Jill Wuertz, Senior Manager Park Planning and Development, Parks
Dave “DK” Kemp, Senior Trails Planner, Parks
SUBJECT
First Reading of Ordinance No. 102, 2024, Appropriating Prior Year Reserves in the Conservation
Trust Fund for Park Planning and Development Funding Community Bike Park Feasibility and
Community Engagement.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $70,000 to Park Planning and Development to
conduct a community-scale bike park feasibility study as directed by Council at the June 11 Work Session.
The feasibility study will include an evaluation of potential bike park locations, associated capital and on -
going costs, identification of park amenities and features, and a community engagement process. This
item is in response to public input from the 2021 Parks and Recreation Plan: Recreate, and recent
significant community input.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Fort Collins 2021 Park and Recreation Plan, ReCreate, examines park and recreation needs in the
context of the City’s system of public spaces and articulates a vision for parks and recreation in the future.
To implement this vision, the plan weaves together strategies, guidelines, and decision-making tools that
the City can use as map to shape the system. The process of developing this plan included many
opportunities for residents, advocates, and elected leaders to weigh in and provide input.
In-person and online engagement and a statistically valid survey were conducted in the winter of 2019 by
mail, phone, and web to measure residents’ needs across Fort Collins. The demographic makeup of the
survey sample reflects the demographic makeup of the City as a whole. Results of the survey show
mountain bike courses as a priority investment rating and are eighth on the outdoor facility prioritized list.
Page 137
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
In addition, information gathered for the report “Community Engagement Findings for the Former Hughes
Site to the City of Fort Collins City Council” prepared by Kearns & West for the City of Fort Collins and
conducted between October 2022 and February 2023 details additional feedback for a community bike
park.
The intent of the community bike park feasibility study is to determine whether a new, community-scale
bike park facility is feasible, and if so, the appropriate size, location, amenities and cost.
Other small bike park locations currently exist in Fort Collins including a 2.0 acre BMX course at Twin Silo
Park, a small 0.27 acre pump track at Traverse Park, a small 0.53 acre pump track at Soft Gold and a 0.7
acre mountain bike skills course at Spring Canyon Park. Fort Collins is also recognized as a Platinum
Bicycle Friendly City by the League of American Bicyclists.
The general scope of the requested feasibility study should include, but not limited to the following aspects:
Siting and land evaluation: Evaluate potential locations throughout the City of Fort Collins, including
the former Hughes stadium site, to determine if applicable sites exist; and to rank sites on evaluation
criteria, for example:
o Connectivity to the trail system, low traffic streets, and other existing smaller bike parks,
o Land cost
o Wildlife habitat considerations
o Expandability
o Equity and accessibility
o Partnership opportunities
Page 138
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Background information on properties will include land ownership, zoning, floodplain designation, current
property value and assessment information, location description, and neighborhood characteristics.
Regional bike park analysis: Provide an inventory and analysis of similar sized facilities within the
Northern Colorado region and identify unique considerations
Features: Review current bike park standards, best practices, and precedents to evaluate types of bike
park features desired at a community-scale bike park, e.g. Slopestyle, Single track loops of varying
sizes, gravity-fed dirt jumps, pump track variations, including size, user level, adaptive capability, and
surface type (dirt/asphalt).
Accessory Elements: Identify and understand key siting and costs of accessory elements such as
shade shelters/pavilions, restroom, gathering area, parking, overflow parking, water resources, and
maintenance equipment storage.
Capital and on-going costs: Understand cost scenarios associated with initial construction and
ongoing maintenance of bike parks relative to size and types of features.
Potential funding strategies: Compile information on multi-year phased funding approaches, grants,
and/or other local resources
Project schedule: Approximately 6-9 months.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate $70,000 for Park Planning and Development from the
Conservation Trust Fund reserves for this project. Any unused funds will return to the parent account for
Conservation Trust Fund revenue. The City Manager has determined that these appropriations are
available and previously unappropriated.
The Colorado Department of Local Affairs distributes the Conservation Trust Fund (CTF) dollars quarterly,
on a per capita basis, to over 470 eligible local governments: counties, cities, towns, and Title 32 special
districts that provide park and recreation services in their service plans. Funding can be used for the
acquisition, development, and maintenance of new conservation sites or for capital improvements or
maintenance for recreational purposes on any public site. On July 3, 2024, staff received confirmation
from staff at the Department of Local Affairs that the cost of the bike feasibility study is an eligible use of
the CTF.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Refer to “Background” section.
ATTACHMENTS
1. Ordinance for Consideration
Page 139
Item 12.
-1-
ORDINANCE NO. 102, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
CONSERVATION TRUST FUND FOR PARK PLANNING AND
DEVELOPMENT FUNDING COMMUNITY BIKE PARK
FEASIBILITY AND COMMUNITY ENGAGEMENT
A. The Fort Collins 2021 Park and Recreation Plan, ReCreate, examined park
and recreation needs in the context of the City’s system of public spaces and articulates
a vision for parks and recreation in the future.
B. Engagement performed in preparing this plan demonstrated that the
community has a heightened interest in mountain bike courses.
C. An additional study conducted between October 2022-February 2023
details additional community feedback for a community bike park.
D. Staff wish to engage in a community bike park feasibility study to determine
whether construction of such a facility is feasible, along with examining the appropriate
size, location, amenities, and cost.
E. The City possess Conservation Trust Funds received from the Colorado
State Lottery, which per C.R.S. 29-21-101(4) “shall be expended only for the acquisition,
development, and maintenance of new conservation sites or for capital improvements or
maintenance for recreational purposes on any public site.”
F. On July 3, 2024, staff confirmed with the Department of Local Affairs that
the bike feasibility study is an eligible expense for Conservation Trust Funds.
G. This appropriation benefits public health, safety and welfare of the citizens
of Fort Collins and serves the public purpose of evaluating whether the construction of a
community-scale bike park facility is feasible for the City.
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 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.
I. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Conservation Trust Fund and will not cause the total amount appropriated in the
Conservation Trust 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 140
Item 12.
-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 that there is hereby appropriated from Prior Year Reserves in the
Conservation Trust Fund the sum of SEVENTY THOUSAND DOLLARS ($70,000) to be
expended in the Conservation Trust Fund for the Community Bike Park Feasibility and
Community Engagement.
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Sara Arfmann
Page 141
Item 12.
File Attachments for Item:
13. First Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library as Designated
by the Donor.
The purpose of this item is to request appropriation of $100,000 in philanthropic revenue received by
City Give for The Community Center for Creativity as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 142
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, Director, City Give
SUBJECT
First Reading of Ordinance No. 103, 2024, Appropriating Philanthropic Revenue Received by City
Give for the Renovation of the Historic Carnegie Library as Designated by the Donor.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $100,000 in philanthropic revenue received by City
Give for The Community Center for Creativity as designated by the donor.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The historic 1904 Carnegie building is one of the oldest, continuously operating public buildings in Fort
Collins. Carnegie libraries were often the first public libraries in communities across the country. Operated
by the City of Fort Collins and designated a local Historic Landmark in 1978, the building is now the
Community Center for Creativity (CCC) dedicated to providing affordable, community-focused cultural
space.
The ambitious renovation focuses on both historic restoration and infrastructure investments to ensure the
CCC continues to serve Fort Collins as an affordable, community-focused space for gallery exhibitions,
performance, classes, and special events.
The current project estimate for the renovation is $6,200,000, with $2,200,000 provided through the
generosity of local voters via a 2015 Community Capital Improvement Program ballot measure. A
Community Revitalization Grant from the State’s Colorado Creative Industries providing $2,400,000 in
funding. The City of Fort Collins General Fund invested $900,000 in Americans with Disabilities Act (ADA)
and structural upgrades as Phase 1 of this project.
Private funding provides the final funding needed to bring this valuable community amenity to fruition,
including the appropriation of this charitable gift of $100,000 awarded to the City from local resident Jackie
Erickson, designated toward renovating the historic Carnegie Library and future Center for Creativity
programming and operations.
Page 143
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $100,000 in philanthropic revenue received by City Give for the Community
Center for Creativity, Cultural Services. The funds have been received and accepted per the City Give
Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from the designated funds and will not cause the total amount appropriated in these funds
to exceed the current estimate of actual and anticipated revenues and all other funds to be received in
these funds during fiscal year 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 144
Item 13.
-1-
ORDINANCE NO. 103, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED BY
CITY GIVE FOR THE RENOVATION OF THE HISTORIC
CARNEGIE LIBRARY AS DESIGNATED BY THE DONOR
A. Local resident Jackie Erickson has generously donated $100,000 toward
the renovation and operations of the City’s Community Center for Creativity. The current
project estimate for the renovation is $6,200,000, with public funding providing about
$5,500,000 toward the project and private funding providing the remainder of the funding.
The Community Center for Creativity will provide affordable, community-focused space
for gallery exhibitions, performances, classes, and special events.
B. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting the renovation and
operations of a City venue for the arts.
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.
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
Cultural Services and Facilities Fund the sum of ONE HUNDRED THOUSAND DOLLARS
($100,000) to be expended in the Cultural Services and Facilities Fund for the Historic
Carnegie Library.
Page 145
Item 13.
-2-
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Ted Hewitt
Page 146
Item 13.
File Attachments for Item:
14. First Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in
the Cultural Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the
Lincoln Center.
The purpose of this item is to consider an appropriation of $644,000 in unanticipated revenue in
2024 for expenses related to Artists and Musicians Fees for LC Live shows at the Lincoln
Center.
Page 147
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Jack Rogers, Lincoln Center Director
Eileen May, Director, Cultural Services
SUBJECT
First Reading of Ordinance No. 104, 2024, Appropriating Unanticipated Revenue in the Cultural
Services and Facilities Fund for Artist and Musicians’ Fees for Shows at the Lincoln Center.
EXECUTIVE SUMMARY
The purpose of this item is to consider an appropriation of $644,000 in unanticipated revenue in 2024 for
expenses related to Artists and Musicians Fees for LC Live shows at the Lincoln Center.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Lincoln Center expense budget for Artists, Musicians and Speakers needs to be increased by
$644,000 in 2024 to address the higher costs due to additional LC Live performances and the Lincoln
Center bringing national show tour companies to Fort Collins.
The Lincoln Center (LC) is the largest presenter of performing arts in the Mountain West outside of metro
Denver and the home to over 35 local creative businesses. In 2023, over 192,000 visitors participated in
over 1,000 events at LC. The 2023-2024 LC LIVE season (events presented or produced by The Lincoln
Center/City of Fort Collins) sold nearly 42,000 tickets and generated over $2.0 million in ticket sales. LC
LIVE is The Lincoln Center’s single greatest marketing tool to attract new audiences. Audience surveys
show that first-time attendees driven to LC by the National and International artists on the LC LIVE series
go on to support local businesses like the Fort Collins Symphony, or to rent the facility for their own events.
We are requesting additional budget for the expenses related to LC live show promoters and artists. In
2024, the Lincoln Center brought major touring shows to Fort Collins, including Book of Mormon, Come
From Away, and Annie. In addition, since the adoption of the 2024 budget, we added the Live at The
Gardens concert series that the LC manages. The budget for Artist Fees paid for shows is not sufficient to
cover the expenses related to the shows in 2024. All the expense activity is created by the initial investment
into the Artists, Musicians, and Speakers, a line item that historically generates a 165% Return on
Investment (ROI) through ticket sales. In addition to the LC Live Series paying for itself, it generates an
average overall profit margin of 12%.
Page 148
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The budget for this expense has been insufficient for the last several years (2020 and 2021 not included
due to COVID impact).
To address this issue going forward, the Lincoln Center has submitted an Enhancement Offer as part of
2025-2026 Budgeting for Outcomes (BFO) to increase the budget baseline for this expense. To continue
to attract the National and International touring artists of the caliber the community has grown to expect,
this expense item needs to increase and ultimately become part of the baseline budget for the Lincoln
Center. If the offer is not funded staff will need to go to Council annually for mid-cycle additional
appropriations.
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $644,000 in unanticipated revenue generated by shows at the
Lincoln Center for a net zero impact to the Cultural Services financials. This requires no subsidy from the
General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2019 2023
2024
(through
6/24/2024)
Actual 1,112,248 1,167,794 1,070,016
Budget 953,025 884,704 906,821
Variance (159,223)(283,090)(163,195)
Page 149
Item 14.
-1-
ORDINANCE NO. 104, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
CULTURAL SERVICES AND FACILITIES FUND FOR ARTIST
AND MUSICIANS’ FEES FOR SHOWS AT THE LINCOLN
CENTER
A. City staff recommends that the budget for the Lincoln Center be increased
by $644,000 to accommodate higher-than-expected revenues and expenditures for
additional productions and national and international tour shows presented or produced
by the City. As the Lincoln Center is self-funded, this appropriation has no net impact on
the Cultural Services and Facilities Fund and requires no subsidy from the General Fund.
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 revenue s 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.
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 unanticipated revenue in the
Cultural Services and Facilities Fund the sum of SIX HUNDRED FORTY-FOUR
THOUSAND DOLLARS ($644,000) to be expended in the Cultural Services and Facilities
Fund for artist and musicians’ fees for shows at the Lincoln Center.
Page 150
Item 14.
-2-
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Ted Hewitt
Page 151
Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of
Funds from the Colorado Department of Public Health and Environment, Environmental
Justice Grant for the Cultivating Community-Led Resilient Homes Project and Approving
a Related Intergovernmental Agreement.
The purpose of this item is to support the City’s commitment to advancing equity and
environmental justice for all Fort Collins community members by appropriating $168,874 of
unanticipated grant revenue awarded by the Colorado Department of Public Health and
Environment (CDPHE) for the Cultivating Community-Led Resilient Homes project.
Page 152
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Selina Lujan Albers, Environmental Sustainability
Kerri Ishmael, Grants Administration
SUBJECT
First Reading of Ordinance No. 105, 2024, Making a Supplemental Appropriation of Funds from the
Colorado Department of Public Health and Environment, Environmental Justice Grant for the
Cultivating Community-Led Resilient Homes Project and Approving a Related Intergovernmental
Agreement.
EXECUTIVE SUMMARY
The purpose of this item is to support the City’s commitment to advancing equity and environmental justice
for all Fort Collins community members by appropriating $168,874 of unanticipated grant revenue awarded
by the Colorado Department of Public Health and Environment (CDPHE) for the Cultivating Community-
Led Resilient Homes project.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In spring 2024 the CDPHE awarded the City of Fort Collins (City) $168,874 under the CDPHE’s
Environmental Justice (EJ) grant program (Exhibit A to the Ordinance). The award funds support the
Healthy Homes program’s Cultivating Community-Led Resilient Homes (CCLRH) project to improve indoor
air quality and energy efficiency for low-income residents of Fort Collins and the Growth Management Area.
As demonstrated from the Budget incorporated into the grant, the grant requires no match by the City. The
$168,874 in grant funds will be used for direct costs in meeting the goal of the CCLRH project to create
equitable access to healthy, energy efficient and resilient housing for 75 homes on a first-come-first-serve
basis of low-income residents of designated neighborhoods. Residents from the remaining neighborhoods
in the City will be eligible for the program using other funds.
The $168,874 are state funds, with this being the second funding cycle under the CDPHE’s EJ grant
program initiated in 2023.
CITY FINANCIAL IMPACTS
This item appropriates $168,874 in unanticipated revenue from the CDPHE under the EJ grant program in
support of Environmental Sustainability’s CCLRH project.
Page 153
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The EJ grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$168,874.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Indoor air quality is a priority identified by the Air Quality Advisory Board, but no formal recommendation
was sought for appropriation of the grant funds to augment existing program efforts.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Exhibit A to Ordinance
Page 154
Item 15.
-1-
ORDINANCE NO. 105, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FUNDS
FROM THE COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT, ENVIRONMENTAL JUSTICE GRANT FOR
THE CULTIVATING COMMUNITY-LED RESILIENT HOMES
PROJECT AND APPROVING A RELATED
INTERGOVERNMENTAL AGREEMENT
A. In spring 2024, the Colorado Department of Public Health and Environment
(“CDPHE”) awarded the City $168,874 under the CDPHE’s Environment al Justice (EJ)
grant program (the “Grant”). The award funds support the Healthy Homes program’s
Cultivating Community-Led Resilient Homes (CCLRH) project to improve indoor air
quality and energy efficiency for low-income residents of Fort Collins and the Growth
Management Area. No City match of funds is required under the Grant.
B. The City and CDPHE have negotiated the terms and conditions of the Grant
Agreement, which is attached hereto as Exhibit “A”.
C. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of supporting improved indoor air
quality and energy efficiency for low-income residents of Fort Collins and the Growth
Management Area.
D. 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.
E. 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 anticipate d revenues and all other funds to
be received in this Fund during this fiscal year.
F. 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 the City’s expenditure of all funds received from such grant.
G. The City Council wishes to designate the appropriation herein for the
Colorado Department of Public Health and Environment, Environmental Justice Grant as
Page 155
Item 15.
-2-
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.
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
General Fund the sum of ONE HUNDRED SIXTY-EIGHT THOUSAND EIGHT
HUNDRED SEVENTY-FOUR DOLLARS ($168,874) to be expended in the General Fund
for the Cultivating Community-Led Resilient Homes Project.
Section 2. The appropriation herein for the Colorado Department of Public
Health and Environment, Environmental Justice Grant is hereby designated, as
authorized in Article V, Section 11 of the City Charter, as an appropriation that shall n ot
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 3. The City Council authorizes the City Manager or their designee to
accept the grant and obligate the City to comply with the terms of the Grant Agreement.
Introduced, considered favorably on first reading on the July 16, 2024, and
approved on second reading for final passage on the August 20, 2024.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Ted Hewitt
Page 156
Item 15.
STATE OF COLORADO
Department of Public Health & Environment
Page 1 of 1
ORDER *****IMPORTANT*****
Number:PO,FAAA,202500000822 The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.Date:6/5/24
Description:
Ft Collins 9310 FY25 EJ grant program RFA #42184
BILL TO
DIVISION OF ADMINISTRATION C-1
4300 CHERRY CREEK DRIVE SOUTH
DENVER, CO 80246-1530
Effective Date:07/01/24
Expiration Date:06/30/25BUYER SHIP TO
Buyer:DIVISION OF ADMINISTRATION C-1
4300 CHERRY CREEK DRIVE SOUTH
DENVER, CO 80246-1530
Email:
VENDOR
CITY OF FORT COLLINS
Finance Department
PO BOX 580
FORT COLLINS, CO 80522-0580 SHIPPING INSTRUCTIONS
Delivery/Install Date:06/30/25
FOB:FOB Dest, Freight PrepaidContact:
Phone:
VENDOR INSTRUCTIONS
EXTENDED DESCRIPTION
Ft Collins 9310 FY25 EJ grant program RFA #42184. The budget shall not exceed $168,874.00.
The State of Colorado Terms and Conditions govern and control this purchase order.
Exhibit A, Additional Provisions, is incorporated and made part of this purchase order by reference.
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
1 0 0.00 $168,874.00
Description: Ft Collins 9310 FY25 EJ grant program RFA #42184
Ft Collins 9310 FY25 EJ grant program RFA #42184
Service From:07/01/24 Service To:06/30/25
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL = $168,874.00
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 157
Item 15.
Page 1 of 6
Ver. 01.11.19
STATEMENT OF WORK
I. Entity Name: The City of Fort Collins
II. Project Description:
This project serves to fund grant projects that avoid, minimize, measure, and mitigate impacts to
public health and the environment in disproportionately impacted (DI) communities, or that
promote equitable participation in rulemaking and permitting proceedings that may affect DI
communities. The Environmental Justice Act prioritizes reducing environmental health disparities
in DI communities and declares environmental justice a Colorado state policy. This grant program
aligns with the Colorado Department of Public Health (CDPHE) strategic plan to further
environmental justice and will help CDPHE strengthen trust and communication between DI
communities and the environmental divisions. This project will be achieved by contracting with
nonprofits and local governments within Colorado through June 30, 2025. Colorado communities
of color and low-income communities have historically carried and continue to bear a
disproportionate burden of environmental health risks. The Environmental Justice (EJ) Grant
Program will support DI communities by providing funding to conduct interventions, and
participate in agency processes to advocate for policy changes to avoid (prevent), minimize (reduce,
lessen, remediate), measure (monitor), and mitigate (offset, compensate for) impacts to public
health and environmental health risks, and advance a healthy and sustainable Colorado where
everyone has equitable protection from environmental and health hazards.
This project benefits disproportionately impacted communities in Fort Collins by improving indoor
air quality (IAQ), energy efficiency, and preparing homes for climate-related events (i.e., wildfires,
extreme temperatures). Through this project, the City of Fort Collins shall advance environmental
justice with free home visits which include an IAQ assessment, portable air cleaners, smoke/fire
and carbon monoxide alarms, furnace servicing, low-level weatherization, air conditioners, and
other related resources.
III. Definitions:
A. Authentic Community Engagement: The goal of authentic community engagement is to work with
communities, not for or on behalf of them, or to do things to communities.
B. Carbon Monoxide (CO): a colorless, odorless, toxic gas created through the incomplete combustion
of carbon.
C. Colorado Affordable Residential Energy (CARE) Program: A program of Energy Outreach
Colorado that provides income-qualified Coloradans in participating counties with free home
energy efficiency upgrades.
D. Cultivating Community-Led Resilient Homes (CCLRH): The funded project to be completed by
the City of Fort Collins with the goal of improving IAQ, energy efficiency, and home resilience to
climate-related events.
E. Disproportionately impacted communities as defined in C.R.S. § 24-4-109(2)(b)(II) (2023):
a. A community that is in a census block group, as determined in accordance with the most
recent United States census, where:
i. the proportion of households that are low income is greater than forty percent,
ii. the proportion of households that identify as minority is greater than forty percent,
or
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 158
Item 15.
Page 2 of 6
Ver. 01.11.19
iii. the proportion of households that are housing cost-burdened is greater than fifty
percent;
iv. the proportion of households that are linguistically isolated is greater than twenty
percent, meaning that all adults in a household speak a language other than English
and speak English less than very well; or
v. multiple factors, including socioeconomic stressors, disproportionate
environmental burdens, vulnerability to environmental degradation, and lack of
public participation, may act cumulatively to affect health and the environment and
contribute to persistent disparities, as identified by a Colorado EnviroScreen score
above the 80th percentile; or
b. Any other community:
i. where there is a history of environmental racism perpetuated through redlining,
anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws, policies, or
practices; or
ii. under the jurisdiction of the Ute Mountain Ute (UMU) or Southern Ute Indian
Tribe (SUIT); or
iii. that is a mobile home park.
F. Healthy Homes Educators (HHE): Volunteers for the City of Fort Collins Healthy Homes program
that are trained in the 8 Principles of a healthy home. These volunteers conduct in-home
assessments for community members, identifying sources of indoor air pollution and providing
solutions.
G. Indoor Air Quality (IAQ): refers to the air quality within and around buildings and structures,
especially as it relates to the health and comfort of building occupants.
H. Low-Income Energy Assistance Program (LEAP): A federally-funded, state of Colorado assistance
program that offers credit to pay heating bills. The program provides assistance with heating costs,
equipment repair, and/or replacement of inoperable heating tools.
I. Neighborhood Connectors (NC): Volunteers for the City of Fort Collins Healthy Homes program
that help to promote the program and recruit participants through face-to-face interactions in DI
communities. NCs also provide consistent feedback on the program based on community member
needs.
J. Special or Emergency Projects Fund: In the event of a health/safety concern or issues that prevent
a home from participating in other programs, special project funds within City of Fort Collins will
be used to support a solution. This may include but is not limited to furnace replacements, plumbing
repairs, range hood or bathroom fan installation, and roof repairs.
IV. Work Plan:
Goal #1: To advance environmental justice in disproportionately impacted (DI) communities in Colorado.
Objective #1: No later than the Contract’s expiration date, advance environmental justice by creating equitable access to
healthy, energy efficient, and resilient housing within Fort Collins’ DI communities identified through Colorado
EnviroScreen.
Primary Activity #1 1. The Contractor shall provide resources to program participants to improve the
homes' health and safety.
Sub-Activities #1
1. The Contractor shall conduct a minimum of 45 home visits that include:
a. An IAQ assessment with behavior-based recommendations and
b. Actions households can take to improve IAQ.
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Item 15.
Page 3 of 6
Ver. 01.11.19
2. The Contractor shall provide participants with the following services through
contracted providers:
a. Furnace safety checks
b. Furnace cleanings
c. Low-level weatherization services.
3. The Contractor shall recommend eligible participants to additional organizations,
including:
a. CARE or
b. LEAP.
4. The Contractor shall provide home repairs for participants by utilizing the special
project funds when challenging issues impacting the following arise:
a) IAQ,
b) Energy efficiency,
c) Health and safety.
Primary Activity #2
1. The Contractor shall train the following:
a) A team of volunteers for Healthy Homes Educators and
b) Neighborhood Connectors.
Sub-Activities #2
1. The Contractor shall create and distribute marketing materials to aid in the
identification of new volunteers.
2. The Contractor shall identify focus communities with staff and current volunteers.
3. The Contractor shall identify new volunteers through 1:1 connections with a goal
of at least 10 new volunteers.
4. The Contractor shall provide a 20-hour volunteer training over the course of 4
sessions and practice IAQ assessments completed in Q1 and Q2.
5. The Contractor shall hire translation and interpretation specialists for trainings.
6. The Contractor shall implement a volunteer engagement strategy that includes:
a. Continuing education
b. Gratitude pay in the form of gift cards
c. Acts of appreciation such as thank-you gifts and get-togethers.
Primary Activity #3 1. The Contractor shall conduct authentic community engagement to promote the
Healthy Homes program.
Sub-Activities #3
1. The Contractor shall organize 5 neighborhood events.
2. The Contractor shall attend the neighborhood events in the identified focus
communities with staff and current volunteers.
3. The Contractor shall use Neighborhood Connectors to engage communities to
connect with individual residents and promote the program.
4. The Contractor shall hire translation and interpretation specialists for the events.
Primary Activity #4 1. The Contractor shall hire a 9-month, full-time contract position to support grant
operations and reporting requirements.
Sub-Activities #4 1. The Contractor shall create a staff training plan.
Primary Activity #5
1. The Contractor shall create the following reports:
a. Quarterly progress reports
b. A 6-month Progress Report
c. A Final Report.
Primary Activity #6 1. The Contractor shall attend two (2) check-in meetings.
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 160
Item 15.
Page 4 of 6
Ver. 01.11.19
Standards and
Requirements
1. CDPHE will closely monitor project activities to ensure that pursuant to the
Colorado Constitution and Colorado Fair Campaign Practices Act, grant funds are
not used for prohibited expenses including lobbying, campaign activities, and
political activities such as meeting with or encouraging a state or local elected
official to support a bill, ordinance, or other policy proposal.
2. The Contractor shall provide the following resources based on the identified
through the home visit’s outcomes as needed:
a. Radon test kits
b. Natural cleaner
c. Sustainable cleaning cloths
d. Smoke alarms
e. CO alarms
f. Commercial-grade doormats
g. Fire extinguishers
h. Portable air cleaners
i. Air conditioners.
3. The Contractor shall provide the resources mentioned in the Work Plan, Sub-
Activities 1.2, 1.4, and Standards & Requirements 2 only to households within the
following neighborhoods on a first-come-first-serve basis, provided that the
household receiving the resource has income below two hundred percent of the
federal poverty level:
a) Hickory,
b) North College,
c) Stonecrest, Montclair,
d) Andersonville/San Cristo,
e) Buckingham,
f) Alta Vista,
g) Dry Creek,
h) Buffalo Run,
i) Old Town Neighbors,
j) Collins Aire,
k) Timber Ridge,
l) Harmony Park,
m) Highlander Heights,
n) Skyline,
o) Poudre Valley Mobile Home Park, and
p) Nueva Vida.
4. The Contractor shall include a written description of the progress made for each
primary and sub-activity in each Quarterly Progress Report, beginning with Q1
(July-September 2024) through Q4 (April-June 2025).
a. Quarterly Report Guidance Document
5. The Contractor shall include the following information in the 6-month Progress
Report.
a. Successes to date,
b. Challenges and barriers encountered to date, and
c. Anticipated challenges by the end of the Contract.
6. The Contractor shall produce a Final Report summarizing the Project achievements
that includes responses to the following questions:
a. What disproportionately impacted (DI) community did your project serve?
b. What was the relationship between the project and the community it
served?
i. How did your project engage members of a DI Community?
ii. How did the community react to the project?
EXHIBIT A TO ORDINANCE NO. 105, 2024
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Item 15.
Page 5 of 6
Ver. 01.11.19
c. What is the final status of the project?
i. Did the project complete all of the activities set in the SOW?
d. What was the biggest success of the project including unanticipated
successes?
i. How do you measure the success of your project?
e. What was the greatest challenge and what did you learn from it?
f. Would you apply for the grant again?
g. Any suggestions for the grant program in the future?
7. CDPHE will provide the Contractor with the following information, at least seven
business days before each check-in meeting:
a. the date of the check-in meeting,
b. the meeting link, for virtual meeting,
c. the meeting venue, for in-person meeting,
d. meeting agenda,
e. meeting duration, and
f. meeting participants.
8. Meeting minutes will be recorded by the EJ Grants Specialist and saved in the
grantee’s folder.
9. CDPHE will schedule the check-in meetings as follows:
a. First check-in meeting sixty (60) business days after the Contract execution
date,
b. b. Second check-in meeting nine (9) months into the Contract.
10. The Contractor shall communicate to CDPHE, via email, all requests of additional
resources needed for the successful completion of the project.
11. CDPHE will respond to the Contractor, via email, no later than fifteen (15) business
days after the receipt of the Contractor’s request for additional resources.
12. The Contractor shall use the approved CDPHE Progress Report Templates.
a. Quarterly Report
b. 6-Month Progress Report
c. Final Report
13. CDPHE will provide, via email, the approved Progress Report Templates, no later
than thirty (30) business days after the Contract’s execution date.
14. The Contractor shall submit the Final Report as a non-reimbursable deliverable no
later than fifteen (15) days after the expiration of the Contract.
Expected Results of
Activity(s)
1. Increased quality of life of community members.
2. Expanded access to resources and programs for community members.
3. Increased knowledge and tools for community members to protect themselves
from extreme temperatures and poor outdoor air quality.
Measurement of
Expected Results
1. Number of households reached.
2. Number of volunteer HHE who are trained and committed to the program.
3. Number of new HHE and/or NC who are recruited.
4. Number of continued education opportunities for HHE.
Completion Date
Deliverables 1. The Contractor shall submit electronically to the EJ Grants
Specialist Quarterly Progress Reports. No later than 15
days following the
end of Q1, Q2, Q3,
Q4
2. The Contractor shall submit electronically to the EJ Grants
Specialist a 6-Month Progress Report. No later than
January 15, 2025
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 162
Item 15.
Page 6 of 6
Ver. 01.11.19
3. The Contractor shall submit electronically to the EJ Grants
Specialist examples of materials used in the following:
a) trainings, marketing, and
b) outreach events.
No later than 15
days following the
end of Q1, Q2, Q3,
Q4
4. The Contractor shall submit electronically to the EJ Grants
Specialist a document outlining:
a) the number of households reached and
b) resources provided.
No later than 15
days following the
end of Q1, Q2, Q3,
Q4
5. The Contractor shall submit electronically to the EJ Grants
Specialist a Final Report. No later than July
15, 2025
6. Monitoring:
CDPHE’s monitoring of this contract for compliance with performance requirements will be
conducted throughout the contract period by the EJ Grants Specialist. Methods used will include a
review of documentation determined by CDPHE to be reflective of performance to include progress
reports. The Contractor’s performance will be evaluated at set intervals and communicated to the
contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the
contract.
7. Resolution of Non-Compliance:
The Contractor will be notified in writing within 10 calendar days of discovery of a compliance issue.
Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate,
to determine the action(s) necessary to rectify the compliance issue and determine when the action(s)
must be completed. The action(s) and timeline for completion will be documented in writing and agreed
to by both parties. If extenuating circumstances arise that require an extension to the timeline, the
Contractor must email a request to the EJ Grants Specialist and receive approval for a new due date.
The State will oversee the completion/implementation of the action(s) to ensure timelines are met and
the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed-upon
compliance resolution plan, the State may exercise its rights under the provisions of this contract.
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 163
Item 15.
ExhibitCBudget
Organization Name City of Fort Collins Environmental Services
Budget Period July 1, 2024 to June 30, 2025
Project Name Cultivating Community-Led Resilient Homes
Employee Name/Position
Title Description of Work
Corresponding Goal,
Objective, and Primary
Activity in Project Design
Gross or Annual Salary Fringe
Percent of
Time on
Project
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
Project Coordinator
Full-time (40 hours/week) contracted
employee for 9 months. Project Coordinator
will manage all aspects of project over public
outreach/community engagement, project
implementation, and reporting (reporting
includes internal and external reporting, with
incorporation of data and metrics to measure
expected outcomes).
Hourly rate of $28.40 at 1560 hours
All $ 44,304.00 $ 11,946.00 100% 56,250.00$ $0.00
Description of fringe
benefits
Benefits Note: Contractual Salary Employees
(EE's) receive benefits per City of Fort Collins
personnel and payroll policies and
procedures. Fringe benefits for contractual
EE's include (workers' comp insurance,
unemployment insurance, employer portion of
FICA, health and dental insurance). Average
= 27% of salaries.
-$
Employee Name/Position
Title Description of Work
Corresponding Goal,
Objective, and Activity in
Project Design
Hourly Wage Hourly Fringe
Total # of
Hours on
Project
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
N/A N/A N/A -$ -$
56,250.00$
Item Corresponding Goal, Objective, and
Activity in Project Design Rate Quantity
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.)
Healthy Homes
Volunteers (Educators
and Neighborhood
Connectors)
Equitable access to healthy, energy
efficient, and resilient housing,
Recruitment of Healthy Home
Educators (HHE) and/or Neighborhood
Connectors (NC), HHE and NC Training $ 600.00 15 $9,000
-$
Venue rental Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 75.00 5 $375
-$
Child
care/Transportation
services
Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 40.00 75 $3,000
-$
Food/catering Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 15.00 75 $1,125
-$
Home Intervention
Supplies
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources
$ 718.00 45 32,310$ -$
$45,810
Item Corresponding Goal, Objective, and
Activity in Project Design Rate Quantity
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
N/A N/A -$ -$
-$
Subcontractor Name Corresponding Goal, Objective, and
Activity in Project Design Rate Quantity
Total Amount
Requested from
CDPHE
Amount ($) of Total Requested as
Advanced Payment (if any) (Only
nonprofit organizations are eligible
for Advanced Payment of up to 25%
of the total award.
Weatherization Services
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources
$ 580.00 45.0 26,100$
Furnace Services
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources $ 190.00 45.0 8,550$
Special or Emergency
Projects Fund
Equitable access to healthy, energy
efficient, and resilient housing, Home-
Visits, Additional Resources
$ 27,000 1.0 27,000$
Language Justice for
Engagement Events &
Trainings
Equitable access to healthy, energy
efficient, and resilient housing, HHE
and NC Training, Authentic Community
Engagement
$ 1,032.80 5.0 5,164.00$
66,814.00$
168,874.00$
168,874.00$
Description of Item
EJ GRANT PROGRAM - 12 MONTH BUDGET WITH JUSTIFICATION FORM
*Please do not adjust the formulas within this spreadsheet*
Program Contact Name, Title, Phone and Email
Selina Lujan, Interim Manager,
Environmental Services;
slujan@fcgov.com, 970-224-
6129
Fiscal Contact Name, Title, Phone and Email
Kerri Ishmael, Senior Analyst,
Grants Administration,
kishmael@fcgov.com, 970-416-
4222
Expenditure Categories
Personnel Costs (Personal Services)
Salaried Employees
Personnel Costs (Personal Services)
Hourly Employees
Total Personnel Costs (Personal Services) (including fringe benefits)
Supplies, Equipment, & Operating Expenses
Total Travel
Gratitude pay for 15 Volunteers to support in capacity as Healthy
Homes Educators and Neighborhood Connectors. $600 per year x 1 year
x 15 volunteers
Venue space for informational sessions and volunteer training (hourly
rate). Five proposed engagements from July 2024 through June 2025.
Services for child care and transportation for participants to attend
volunteer training and educational workshops.
Proposed engagements and estimated attendees:
4 new volunteer training sessions with 15 attendees
1 continuing education training for 15 returning volunteers
Estimate an average cost of $40/participant to cover child care and
transportation needs.
Catering for 4 new volunteer training sessions and 1 continuing
education training for volunteers. Estimate based on # of participants.
15 people x 5 trainings x $15/person = $1,125
Home intervention supplies needed based on home assessment. Cost
per home is estimated at $718, which includes:
$100 portable air cleaner
$500 portable air conditioner
$27 air filter
$17 smoke/fire alarm
$20 carbon monoxide alarm
$24 fire extinguisher
$25 commercial doormat
$5 cloth and cleaner
Total Supplies & Operating Expenses
Travel
Description of Item
N/A
Contractual
Description of Item
Weatherization services include air sealing, door sweeps, caulking
around windows and plumbing, and outlet insulation. $580 per home x
45 homes
Furnaces will be inspected and cleaned for each participating
household. $190 x 45 homes
May include the following, depending on participant needs:
•Furnace replacements- $6,000 (average cost)
•Plumbing fixes (cost may vary)
•Range hood- $1,500 (average cost)
•Bathroom fan installation- $400 (average cost)
•Roof repair- $10,000 (average cost)
Language Justice interpreters and translations to be part of trainings
and events estimated at 5 offerings from 7/1/2024 through 6/30/2025.
Rate Estimates:
Translation of printed materials- $.50/word x estimated 13,000 words
= $6,500
Interpretation Services- $108/hr x 2 hrs per event x 5 events = $1,728
Average per event = 1,032.80
Total Contractual
SUB-TOTAL OF DIRECT COSTS
Indirect
TOTAL
Page1ofJanuary2018
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 164
Item 15.
EXHIBIT A
ADDITIONAL PROVISIONS
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. To receive compensation under the Contract, the Contractor shall submit a signed monthly CDPHE
Reimbursement Invoice Form. This form is accessible from the CDPHE internet website
https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and made
part of this Contract by reference. CDPHE will provide the form, including budget line items, to the
Contractor. CDPHE will provide technical assistance in accessing and completing the form. The CDPHE
Reimbursement Invoice Form and Expenditure Details page must be submitted no later than forty-five (45)
calendar days after the end of the billing period for which services were rendered. Expenditures shall be in
accordance with this Statement of Work and Budget
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email
the scanned invoice and Expenditure Details page to: Gabriella Boehm, EJ Grants Specialist,
gabriella.boehm@state.co.us
Final billings under the Contract must be received by the State within a reasonable time after the expiration
or termination of the Contract; but in any event no later than forty-five (45)calendar days from the
effective expiration or termination date of the Contract.
Unless otherwise provided for in the Contract, “Local Match”, if any, shall be included on all invoices as
required by funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless
approved in writing by the appropriate federal agency.
The Contractor shall submit all invoices for expenses incurred in the course of the project within 45 days
of the end of the month when the expenses were incurred.
2. Time Limit For Acceptance Of Deliverables.
a. Evaluation Period. The State shall have fifteen (15) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within fifteen (15) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State’s
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed twelve (12)
calendar days, to correct the noted deficiencies.
3. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4. This award does not include funds for Research and Development.
Page 1 of 2
Ver. 01.11.19
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 165
Item 15.
EXHIBIT A
5. All data collected, used or acquired shall be used solely for the purposes of this Contract. The Contractor
and its subcontractors agree not to release, divulge, publish, transfer, sell, or otherwise make known any
such data to unauthorized persons without the express prior written consent of the State or as otherwise
required by law. This includes a prior written request by the Contractor to the State for submission of
abstracts or reports to conferences, which utilize data collected under this Contract. Notwithstanding the
foregoing, the Contractor shall be entitled to retain a set of any such data collected or work papers
necessary to perform its duties under this Contract and in accordance with professional standards.
6. Contractor shall request prior approval in writing from the State for all modifications in the Statement of
Work/Work Plan or for any modification in excess of twenty-five percent (25%) of the total budget shall be
submitted to CDPHE at least 90 days prior to the end of the Contract period and may require an amendment
in accordance with General Provisions, Section 17,Contract Modifications, of this Contract.
7. Contractor shall not use funds provided under this Contract for the purpose of lobbying as defined in
Colorado Revised Statutes (C.R.S.) 24-6-301(3.5)(a).
8. Funds provided under this Contract may not be used to: supplant funding for any existing
programs/models; develop new cessation programs/models; develop curricula for youth or adults not
reviewed and approved by the State; pay for individual cessation aids or nicotine replacement therapy; fund
capital improvements; or fund costs of enforcement of state or local laws and ordinances unless approved
by CDPHE.
9. The Contractor shall provide CDPHE, upon request, written procedures related to gift card purchase and
handling. At a minimum, the procedures must include the following:
a. How the gift card inventory is tracked and maintained;
b. Gift Card storage and safeguards against theft;
c. The primary person responsible for securing and distributing gift cards;
d. A gift card distribution log that records each gift card number, dollar amount and with the personal
information of the gift card recipient redacted.
Page 2 of 2
Ver. 01.11.19
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 166
Item 15.
State of Colorado Purchase Order Terms and Conditions
1. Offer/Acceptance.This Purchase Order, together with these terms and conditions (including,
if applicable, Addendum 1: Additional Terms and Conditions for Information Technology, and
Addendum 2: Additional Terms and Conditions for Federal Provisions, below), and any other
attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference
(collectively the “PO”) shall represent the entire and exclusive agreement between the State and the
Vendor. If this PO refers to Vendor’s bid or proposal, this PO is an ACCEPTANCE of Vendor’s
OFFER TO SELL in accordance with the terms and conditions of this PO. If a bid or proposal is not
referenced, this PO is an OFFER TO BUY, subject to Vendor’s acceptance, demonstrated by
Vendor’s performance or written acceptance of this PO. Any COUNTER-OFFER TO SELL
automatically CANCELS this PO, unless a change order accepting the counter-offer is issued in
accordance with §4 accepting a counter-offer. The State shall not be responsible or liable for goods or
services delivered or performed prior to issuance of this PO.
2. Order of Precedence.In the event of a conflict or inconsistency within this PO, such conflict
or inconsistency shall be resolved by giving preference to the documents in the following order of
priority:(a)If applicable, Addendum 2: Additional Terms and Conditions for Federal Provisions, below;
(b)the Purchase Order document;(c)these Terms and Conditions (including, if applicable,
Addendum 1: Additional Terms and Conditions for Information Technology below); and (d)any
attachments, exhibits, specifications, or appendices, whether attached or incorporated by reference.
Any terms and conditions included on Vendor’s forms or invoices not included in this PO are void.
3. Safety Information.All chemicals, equipment, and materials proposed or used in the
performance of this PO shall conform to the requirements of the Occupational Safety and Health Act
of 1970. Vendor shall furnish all Material Safety Data Sheets (MSDS) for any regulated chemicals,
equipment, or hazardous materials at the time of delivery.
4. Changes.Vendor shall furnish goods or services in strict accordance with the specifications
and price set forth for each item. This PO shall not be modified, superseded or otherwise altered,
except in writing signed by the State and accepted by Vendor. If this PO is for goods only and Vendor
has not delivered the goods prior to the expiration of this PO, but Vendor delivers all of the goods to
the State only after expiration of this PO, then the State, in its sole discretion, may accept the goods
under this PO by extending this PO and delivering the modification to Vendor; however, regardless of
anything to the contrary, if the State does not extend this PO for any reason then the goods delivered
after expiration of this PO shall be deemed rejected, Vendor shall arrange the return of all delivered
goods at Vendor’s sole expense, and the State shall have no liability for any such goods.
5. Delivery.Unless otherwise specified in this PO, delivery shall be FOB destination, freight
prepaid and allowed. The State is relying on the promised delivery date and any installation or service
performance set forth in this PO as material and basic to the State’s acceptance. If Vendor fails to
deliver or perform as and when promised, the State, in its sole discretion, may cancel its order, or any
part thereof, without prejudice to its other rights, return all or part of any shipment so made, and
charge Vendor with any loss or expense sustained as a result of such failure to deliver or perform as
promised. Time is of the essence.
6. Rights to Materials. [Not Applicable to POs issued either in whole or in part for
Information Technology, as defined in CRS § 24-37.5-102(2); which shall be governed by
Addendum 1 §B.]Unless specifically stated otherwise in this PO, all materials, including without
limitation supplies, equipment, documents, content, information, or other material of any type,
whether tangible or intangible (collectively “Materials”), furnished by the State to Vendor or delivered
by Vendor to the State in performance of its obligations under this PO shall be the exclusive property
of the State. Vendor shall return or deliver all Materials to the State upon completion or termination of
this PO.
Page 1 of 19
Effective 12/26/2023
EXHIBIT A TO ORDINANCE NO. 105, 2024
Page 167
Item 15.
7. Reporting.If Vendor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document relates
to this PO or may affect Vendor’s ability to perform its obligations under this PO, Vendor shall, within
10 days after being served, notify the State of such action and deliver copies of such pleading or
document to the State. Vendor shall disclose, in a timely manner, in writing to the State all violations
of federal or state criminal law involving fraud, bribery, or gratuity violations potentially affecting this
PO. The State may impose any remedies available, which may include, without limitation, suspension
or debarment.
8. Conflicts of Interest.Vendor acknowledges that with respect to this PO, even the
appearance of a conflict of interest is harmful to the State’s interests. Absent the State’s prior written
approval, Vendor shall refrain from any practices, activities, or relationships that reasonably may
appear to be in conflict with the full performance of Vendor’s obligations to the State hereunder. If a
conflict or appearance of a conflict of interest exists, or if Vendor is uncertain as to such, Vendor shall
submit to the State a disclosure statement setting forth the relevant details for the State’s
consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction with
respect to the actual or apparent conflict constitutes a breach of this PO. Vendor acknowledges that
all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Vendor
further acknowledges that State employees may be subject to the requirements of §24-18-105,
C.R.S. with regard to this PO.
9. Warranties.All provisions and remedies of the Colorado Uniform Commercial Code, CRS,
Title 4 (“UCC”), relating to implied or express warranties for goods are incorporated herein, in addition
to any warranties contained in this PO.
10. Inspection and Acceptance.The State’s final acceptance of goods or services is contingent
upon completion of all applicable inspection procedures. All goods delivered shall be newly
manufactured and the current model, unless otherwise specified. The State shall have the right to
inspect goods or services provided under this PO at all reasonable times and places. The State shall
be the sole judge in determining “equals” with regard to conformance with the specifications outlined
in this PO for quality, price, and performance. If any of the goods or services do not conform to this
PO, the State, at its sole discretion, may require Vendor to either (a)replace the goods specified by
the State or (b)perform the services again, without additional payment from the State. When defects
in the quality or quantity of goods or services cannot be corrected by replacement or re-performance,
the State may (c)require Vendor to take necessary action to ensure that future performance
conforms to this PO and (d)equitably reduce the payment due Vendor to reflect the reduced value of
the goods or services performed. These remedies do not limit the remedies otherwise available in this
PO, at law, or in equity.
11. Taxes.The State is exempt from federal excise taxes and from State and local sales and use
taxes.
12. Payment.The State shall not pay Vendor any amount for performance under this PO in
excess of the Document Total set forth on the Purchase Order document. The State shall pay Vendor
for all amounts due within 45 days after the State’s receipt of goods or services and acceptance of a
correct invoice of amount due. Amounts not paid by the State within 45 days of the State’s
acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the
rate set forth in CRS §24-30-202(24) until paid in full. Interest shall not accrue if a good faith dispute
exists as to the State’s obligation to pay all or a portion of the amount due. Vendor shall invoice the
State separately for interest on delinquent amounts due, referencing the delinquent payment, number
of day’s interest to be paid, and applicable interest rate. The State may benefit from any early
payment discount offered by Vendor by making payment within the timeframes required by Vendor to
be eligible for such discount. If Vendor offers an early payment discount, then the discount shall be
shown on Vendor’s invoices to the State, and if the State makes payment on the invoice within the
time frame for the discount, Vendor shall either (a)accept the payment amount less the appropriate
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discount or (b)refund the discount back to the State. Except as specifically agreed in this PO, Vendor
shall be solely responsible for all costs, expenses, and other charges it incurs in connection with its
performance under this PO.
13. Assignment.Vendor’s rights and obligations under this PO shall not be transferred or
assigned without the prior, written consent of the State and execution of a new PO. Any attempt at
assignment or transfer without such consent and new PO shall be void. Any new PO approved by the
State shall be subject to the same terms and conditions as those set forth in this PO.
14. Subcontracts.Unless otherwise specified in this PO, Vendor shall not enter into any
subcontract in connection with its obligations under this PO without the prior, written approval of the
State. Vendor shall submit to the State a copy of each such subcontract upon request by the State.
All subcontracts entered into by Vendor in connection with this PO shall comply with all applicable
federal and state laws and regulations, shall provide that they are governed by the laws of the State
of Colorado, and shall be subject to all provisions of this PO.
15. Severability.The invalidity or unenforceability of any provision of this PO shall not affect the
validity or enforceability of any other provision of this PO, which shall remain in full force and effect,
provided, that the parties can continue to perform their obligations in accordance with the intent of this
PO.
16. Survival of Certain PO Terms.Any provision of this PO that imposes an obligation on a party
after termination or expiration of this PO shall survive the termination or expiration of this PO and
shall be enforceable by the other party.
17. Third Party Beneficiaries.Except for the parties’ respective successors and assigns, this PO
does not and is not intended to confer any rights or remedies upon any person or entity other than the
parties. Enforcement of this PO and all rights and obligations hereunder is reserved solely to the
parties. Any services or benefits which third parties receive as a result of this PO are incidental to this
PO, and do not create any rights for such third parties.
18. Waiver.A party’s failure or delay in exercising any right, power, or privilege under this PO,
whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial
exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or
privilege.
19. Indemnification.[Not Applicable to Inter-governmental POs] Vendor shall indemnify, save,
and hold harmless the State, its employees, agents and assignees (the “Indemnified Parties”),
against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts
(including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to
any act or omission by Vendor, or its employees, agents, subcontractors, or assignees in connection
with this PO. This shall include, without limitation, any and all costs, expenses, claims, damages,
liabilities, court awards and other amounts incurred by the Indemnified Parties in relation to any claim
that any work infringes a patent, copyright, trademark, trade secret, or any other intellectual property
right or any claim for loss or improper disclosure of any confidential information or personally
identifiable information.
20. Notice.All notices given under this PO shall be in writing, and shall be delivered to the
contacts for each party listed on the Purchase Order document. Either party may change its contact
or contact information by notice submitted in writing to the other party without a formal modification to
this PO.
21. Insurance.Except as otherwise specifically stated in this PO, Vendor shall obtain and
maintain insurance as specified in this section at all times during the term of this PO:(a)workers’
compensation insurance as required by state statute, and employers’ liability insurance covering all
Vendor employees acting within the course and scope of their employment;(b)Commercial general
liability insurance written on an Insurance Services Office occurrence form, covering premises
operations, fire damage, independent contractors, products and completed operations, blanket
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contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000
each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations
aggregate; and $50,000 any one fire; and (c)Automobile liability insurance covering any auto
(including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident
combined single limit. If Vendor will or may have access to any protected information, then Vendor
shall also obtain and maintain insurance covering loss and disclosure of protected information and
claims based on alleged violations of privacy right through improper use and disclosure of protected
information with limits of $1,000,000 each occurrence and $1,000,000 general aggregate at all times
during the term of this PO. Additional insurance may be required as provided elsewhere in this PO.
All insurance policies required by this PO shall be issued by insurance companies with an AM Best
rating of A-VIII or better. This insurance requirement shall not apply if this PO is solely for goods, as
determined by the State, unless specifically stated otherwise in this PO or any attachment or exhibit
to this PO. If Vendor is a public agency within the meaning of the Colorado Governmental Immunity
Act, then this section shall not apply and Vendor shall instead comply with the Colorado
Governmental Immunity Act. The State shall be named as additional insured on all commercial
general liability policies required of Vendor. All insurance policies secured or maintained by Vendor in
relation to this Purchase Order shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Vendor or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
22. Termination Prior to Vendor Acceptance. If Vendor has not begun performance under this
PO, the State may cancel this PO by providing written notice to the Vendor.
23. Termination for Cause.(a)If Vendor refuses or fails to timely and properly perform any of its
obligations under this PO with such diligence as will ensure its completion within the time specified in
this PO, the State may notify Vendor in writing of non-performance and, if not corrected by Vendor
within the time specified in the notice, terminate Vendor’s right to proceed with this PO or such part
thereof as to which there has been delay or a failure. Vendor shall continue performance of this PO to
the extent not terminated.(b)Vendor shall be liable for excess costs incurred by the State in
procuring similar goods or services and the State may withhold such amounts as the State deems
necessary.(c)If after rejection, revocation, or other termination of Vendor’s right to proceed under the
UCC or this clause, the State determines for any reason that Vendor was not in default or the delay
was excusable, the rights and obligations of the State and Vendor shall be the same as if the notice of
termination had been issued pursuant to termination under §24.
24. Termination in Public Interest.The State is entering into this PO for the purpose of carrying
out the public interest of the State, as determined by its Governor, General Assembly, or Courts. If
this PO ceases to further the public interest of the State as determined by its Governor, General
Assembly, or Courts, the State, in its sole discretion, may terminate this PO in whole or in part and
such termination shall not be deemed to be a breach of the State’s obligations hereunder. This
section shall not apply to a termination for cause, which shall be governed by §23. A determination
that this PO should be terminated in the public interest shall not be equivalent to a State right to
terminate for convenience. The State shall give written notice of termination to Vendor specifying the
part of this PO terminated and when termination becomes effective. Upon receipt of notice of
termination, Vendor shall not incur further obligations except as necessary to mitigate costs of
performance. For services or specially manufactured goods, the State shall pay (a)reasonable
settlement expenses,(b) this PO price or rate for supplies and services delivered and accepted, (c)
reasonable costs of performance on unaccepted supplies and services, and (d)a reasonable profit
for the unaccepted work. For existing goods, the State shall pay (e)reasonable settlement expenses,
(f)the PO price for goods delivered and accepted,(g)reasonable costs incurred in preparation for
delivery of the undelivered goods, and (h)a reasonable profit for the preparatory work. The State’s
termination liability under this section shall not exceed the total PO price. As a condition for payment
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under this section, Vendor shall submit a termination proposal and reasonable supporting
documentation, and cost and pricing data as requested by the State.
25. Funds Availability.Financial obligations of the State payable after the State’s current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. If this PO is funded in whole or in part with federal funds, this PO is subject to and
contingent upon the continuing availability of federal funds for the purposes hereof. The State
represents that it has set aside sufficient funds to make payment for goods delivered in a single
installment, in accordance with the terms of this PO.
26. Governmental Immunity.Liability for claims for injuries to persons or property arising from
the negligence of the State, its departments, boards, commissions committees, bureaus, offices,
employees and officials shall be controlled and limited by the provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101,et seq., the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, CRS §§24-30-1501,et
seq. No term or condition of this PO shall be construed or interpreted as a waiver, express or implied,
of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes.
27. Independent Contractor. Vendor shall perform its duties under this PO as an independent
contractor and not as an employee. Neither Vendor nor any agent or employee of Vendor shall be
deemed to be an agent or employee of the State. Vendor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set forth
herein.Vendor and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for Vendor or any of its agents or employees. Vendor shall pay when
due all applicable employment taxes, income taxes and local head taxes incurred pursuant to
this PO. Vendor shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees
and agents.
28. Compliance with Law.Vendor shall comply with all applicable federal and state laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
29. Choice of Law, Jurisdiction and Venue.[Not Applicable to Inter-governmental POs]
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this PO. The UCC shall govern this PO in the case of goods unless
otherwise agreed in this PO. Any provision included or incorporated herein by reference, which
conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
PO shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver. Any provision incorporated herein by reference which purports to negate
this or any other provision in this PO in whole or in part shall not be valid or enforceable or available
in any action at law, whether by way of complaint, defense, or otherwise. Vendor shall exhaust
administrative remedies in CRS §24-109-106, prior to commencing any judicial action against the
State.
30. Prohibited Terms.Nothing in this PO shall be construed as a waiver of any provision of CRS
§24-106-109. Any term included in this PO that requires the State to indemnify or hold Vendor
harmless; requires the State to agree to binding arbitration; limits Vendor’s liability for damages
resulting from death, bodily injury, or damage to tangible property; or that conflicts with that statute in
any way shall be void ab initio.
31. Vendor Offset and Erroneous Payments.[Not Applicable to Inter-governmental POs or
to POs issued solely for goods] The State Controller may withhold payment under the State’s
Vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or
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child support arrearages;(b)unpaid balances of tax, accrued interest, or other charges specified in
CRS §39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the Department of
Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund; and
(e)other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Vendor in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended or excess
funds received by Vendor by deduction from subsequent payments under this PO, deduction from
any payment due under any other contracts, grants or agreements between the State and Vendor, or
by any other appropriate method for collecting debts owed to the State.
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ADDENDUM 1:
Additional Terms & Conditions for Information Technology
IF ANY PART OF THE SUBJECT MATTER OF THIS PO IS INFORMATION TECHNOLOGY, AS DEFINED IN
CRS § 24-37.5-102 (2), THE FOLLOWING PROVISIONS ALSO APPLY TO THIS PO.
A. Definitions.The following terms shall be construed and interpreted as follows:(a)“Business
Day” means any day in which the State is open and conducting business, but shall not include
Saturday, Sunday or any day on which the State observes one of the holidays listed in CRS
§24-11-101(1);(b)“CJI” means criminal justice information collected by criminal justice agencies
needed for the performance of their authorized functions, including, without limitation, all
information defined as criminal justice information by the U.S. Department of Justice, Federal
Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended, and
all Criminal Justice Records as defined under CRS §24-72-302;(c)“HIPAA” means the federal
Health Information Portability and Accountability Act;(d)“Incident” means any accidental or
deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss,
disclosure, modification, disruption, or destruction of any communications or information resources
of the State, pursuant to CRS §§24-37.5-401 et seq.;(e)“PCI” means payment card information
including any data related to credit card holders’ names, credit card numbers, or the other credit
card information as may be protected by state or federal law;(f)“PHI” means any protected health
information, including, without limitation any information whether oral or recorded in any form or
medium that relates to the past, present or future physical or mental condition of an individual; the
provision of health care to an individual; or the past, present or future payment for the provision of
health care to an individual; and that identifies the individual or with respect to which there is a
reasonable basis to believe the information can be used to identify the individual including, without
limitation, any information defined as Individually Identifiable Health Information by HIPAA;(g)
“PII” means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an individual’s
identity, such as name, social security number, date and place of birth, mother’s maiden name, or
biometric records, including, without limitation, all information defined as personally identifiable
information in CRS §24-72-501.“PII” shall also mean “personal identifying information” as set forth
at § 24-74-102, et. seq., C.R.S. ;(h)“State Confidential Information” means any and all State
Records not subject to disclosure under the Colorado Open Records Act, CRS §§24-72-200.1, et
seq. (“CORA”), and includes, without limitation, PII, PHI, PCI, Tax Information, CJI, and State
personnel records not subject to disclosure under CORA;(i)“State Records” means any and all
State data, information, and records, regardless of physical form;(j)“Tax Information” means
federal and State of Colorado tax information including, without limitation, federal and State tax
returns, return information, and such other tax-related information as may be protected by federal
and State law and regulation, including, without limitation all information defined as federal tax
information in Internal Revenue Service Publication 1075; and (k)“Work Product” means the
tangible and intangible results of the delivery of goods and performance of services, whether
finished or unfinished, including drafts.
B. Intellectual Property.Except to the extent specifically provided elsewhere in this PO, any
State information, including without limitation pre-existing State software, research, reports,
studies, data, photographs, negatives or other documents, drawings, models, materials; or Work
Product prepared by Vendor in the performance of its obligations under this PO shall be the
exclusive property of the State (collectively, “State Materials”). Vendor shall deliver all State
Materials to the State upon completion or termination of this PO. The State’s exclusive rights in
any Work Product prepared by Vendor shall include, but not be limited to, the right to copy,
publish, display, transfer, and prepare derivative works. Vendor shall not use, willingly allow, cause
or permit any State Materials to be used for any purpose other than the performance of Vendor’s
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obligations hereunder without the prior written consent of the State. The State shall maintain
complete and accurate records relating to (a)its use of all Vendor and third party software
licenses and rights to use any Vendor or third party software granted under this PO and its
attachments to which the State is a party and (b)all amounts payable to Vendor pursuant to this
PO and its attachments and the State’s obligations under this PO or to any amounts payable to
Vendor in relation to this PO, which records shall contain sufficient information to permit Vendor to
confirm the State’s compliance with the use restrictions and payment obligations under this PO or
to any third-party use restrictions to which the State is a party. Vendor retains the exclusive rights,
title and ownership to any and all pre-existing materials owned by or licensed to Vendor including,
but not limited to all pre-existing software, licensed products, associated source code, machine
code, text images, audio, video, and third-party materials, delivered by Vendor under this PO,
whether incorporated in a deliverable or necessary to use a deliverable (collectively, “Vendor
Property”). Vendor Property shall be licensed to the State as set forth in a State-approved license
agreement:(c)entered into as exhibits or attachments to this PO,(d)obtained by the State from
the applicable third-party Vendor, or (e)in the case of open source software, the license terms set
forth in the applicable open source license agreement. Notwithstanding anything to the contrary
herein, the State shall not be subject to any provision incorporated in any exhibit or attachment
attached hereto, any provision incorporated in any terms and conditions appearing on any
website, any provision incorporated into any click through or online agreements, or any provision
incorporated into any other document or agreement between the parties that (i)requires the State
to indemnify Vendor or any other party,(ii)is in violation of State laws, regulations, rules, fiscal
rules, policies, or other State requirements as deemed solely by the State, or (iii)is contrary to
this PO.
C. License or Use Audit Rights.If this PO includes any license or other right to use Vendor’s
intellectual property, Vendor shall have the right, at any time during and throughout the term of this
PO, but not more than once during any State fiscal year, to request via written notice in
accordance with the notice provisions of this PO that the State audit its use of Vendor’s intellectual
property and certify as to its compliance with any applicable license or use restrictions and
limitations contained in this PO (an “Audit Request”). The Audit Request shall specify the time
period to be covered by the audit, which shall not include any time periods covered by a previous
audit. The State shall complete the audit and provide certification of its compliance to Vendor
(“Audit Certification”) within 120 days following the State’s receipt of the Audit Request. If upon
receipt of the State’s Audit Certification, the parties reasonably determine that:(a)the State’s use
of licenses, use of software, use of programs, or any other use of intellectual property during the
audit period exceeded the use restrictions and limitations contained in this PO (“Overuse”) and (b)
the State would have been or is then required to purchase additional rights to use Vendor’s
intellectual property (“Additional Rights”), Vendor shall provide written notice to the State in
accordance with the notice provisions of this PO identifying any Overuse or required Additional
Rights and request that the State bring its use into compliance with such use restrictions and
limitations. Notwithstanding anything to the contrary in this PO, or incorporated as a part of
Vendor’s or any subcontractor’s website, click-through or online agreements, third-party
agreements, or any other documents or agreements between the parties, the State shall not be
liable for the costs associated with any Overuse or Additional Rights, during the audit period
regardless of whether the State may have been notified in advance of such costs.
D. Vendor Records.Vendor shall maintain a file of all documents, records, communications,
notes, and other materials relating to the work (the “Vendor Records”). Vendor Records shall
include all documents, records, communications, notes and other materials maintained by Vendor
that relate to any work performed by Subcontractors, and Vendor shall maintain all records related
to the work performed by Subcontractors required to ensure proper performance of that work.
Unless a longer period is required in this PO or any attachment or exhibit to this PO, Vendor shall
maintain Vendor Records until the last to occur of:(a)the date 3 years after the date this
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Purchase Order expires or is terminated,(b)final payment under this Purchase Order is made,(c)
the resolution of any pending Purchase Order matters, or (d)if an audit is occurring, or Vendor
has received notice that an audit is pending, the date such audit is completed and its findings
have been resolved (the “Record Retention Period”). Vendor shall permit the State, the federal
government, and any other duly authorized agent of a governmental agency to audit, inspect,
examine, excerpt, copy, and transcribe Vendor Records during the Record Retention Period.
Vendor shall make Vendor Records available during normal business hours at Vendor’s office or
place of business, or at other mutually agreed upon times or locations, upon no fewer than 2
Business Days’ notice from the State, unless the State determines that a shorter period of notice,
or no notice, is necessary to protect the interests of the State. The State, in its discretion, may
monitor Vendor’s performance of its obligations under this Purchase Order using procedures as
determined by the State. The State shall monitor Vendor’s performance in a manner that does not
unduly interfere with Vendor’s performance of the work. Vendor shall promptly submit to the State
a copy of any final audit report of an audit performed on Vendor’s records that relates to or affects
this Purchase Order or the work, whether the audit is conducted by Vendor or a third party.
E. Information Confidentiality.Vendor shall keep confidential, and cause all subcontractors to
keep confidential, all State Records, unless those State Records are publicly available. Vendor
shall not, without prior written approval of the State, use, publish, copy, disclose to any third party,
or permit the use by any third party of any State Records, except as otherwise stated in this PO,
permitted by law, or approved in writing by the State. Vendor shall provide for the security of all
State Confidential Information in accordance with all applicable laws, rules, policies, publications,
and guidelines. If Vendor or any of its subcontractors will or may have access to any State
Confidential Information or any other protected information, Vendor shall comply with all Colorado
Office of Information Security (OIS) policies and procedures which OIS has issued pursuant to
CRS §§24-37.5-401 through 406, and 8 CCR §1501-5 and posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies, all information
security and privacy obligations imposed by any federal, state, or local statute or regulation, or by
any industry standards or guidelines, as applicable based on the classification of the data relevant
to Vendor’s performance under this PO. Such obligations may arise from HIPAA; IRS Publication
1075; Payment Card Industry Data Security Standard (PCI-DSS); Federal Bureau of Investigation
Criminal Justice Information Service Security Addendum; Centers for Medicare & Medicaid
Services (CMS) Minimum Acceptable Risk Standards for Exchanges; and Electronic Information
Exchange Security Requirements and Procedures for State and Local Agencies Exchanging
Electronic Information With The Social Security Administration. Vendor shall immediately forward
any request or demand for State Records to the State’s purchasing agent.
F. Other Entity Access and Nondisclosure Agreements.Vendor may provide State Records
to its agents, employees, assigns and subcontractors as necessary to perform the work, but shall
restrict access to State Confidential Information to those agents, employees, assigns, and
subcontractors who require access to perform their obligations under this PO. Vendor shall ensure
all such agents, employees, assigns, and subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this PO, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or subcontractor has access to any
State Confidential Information. Vendor shall provide copies of those signed nondisclosure
provisions to the State upon execution of the nondisclosure provisions if requested by the State.
G. Use, Security, and Retention.Vendor shall use, hold, and maintain State Confidential
Information in compliance with all applicable laws and regulations only in facilities located within
the United States, and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information. Vendor shall provide the State with access, subject to Vendor’s
reasonable security requirements, for purposes of inspecting and monitoring access and use of
State Confidential Information and evaluating security control effectiveness. Upon the expiration or
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termination of this PO, Vendor shall return State Records provided to Vendor or destroy such
State Records and certify to the State that it has done so, as directed by the State. If Vendor is
prevented by law or regulation from returning or destroying State Confidential Information, Vendor
warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
H. Incident Notice and Remediation.If Vendor becomes aware of any Incident, it shall notify
the State immediately and cooperate with the State regarding recovery, remediation, and the
necessity to involve law enforcement, as determined by the State. Unless Vendor can establish
none of Vendor or any of its agents, employees, assigns, or subcontractors are the cause or
source of the Incident, Vendor shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Vendor shall take steps to reduce the risk
of incurring a similar type of Incident in the future as directed by the State, which may include, but
is not limited to, developing and implementing a remediation plan that is approved by the State at
no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Vendor shall make all modifications as directed by the State. If Vendor cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform
such analysis and produce a remediation plan, and Vendor shall reimburse the State for the
reasonable actual costs thereof.
I. Data Protection and Handling.Vendor shall ensure that all State Records and Work Product
in the possession of Vendor or any subcontractors are protected and handled in accordance with
the requirements of this PO at all times. Upon request by the State made any time prior to 60 days
following the termination of this PO for any reason, whether or not this PO is expiring or
terminating, Vendor shall make available to the State a complete and secure download file of all
data that is encrypted and appropriately authenticated. This download file shall be made available
to the State within 10 Business Days following the State’s request, and shall contain, without
limitation, all State Records, Work Product, and system schema and transformation definitions, or
delimited text files with documents, detailed schema definitions, and attachments in its native
format. Upon the termination of Vendor’s services under this PO, Vendor shall, as directed by the
State, return all State Records provided by the State to Vendor, and the copies thereof, to the
State or destroy all such State Records and certify to the State that it has done so. If legal
obligations imposed upon Vendor prevent Vendor from returning or destroying all or part of the
State Records provided by the State, Vendor shall guarantee the confidentiality of all State
Records in Vendor’s possession and will not actively process such data. The State retains the
right to use the established operational services to access and retrieve State Records stored on
Vendor’s infrastructure at its sole discretion and at any time.
J. Compliance with OIS Policies and Procedure.Vendor shall review, on a semi-annual basis,
all Colorado Office of Information Security (“OIS”) policies and procedures which OIS has
promulgated pursuant to CRS §§ 24-37.5-401 through 406 and 8 CCR § 1501-5 and posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies, to ensure
compliance with the standards and guidelines published therein. Vendor shall cooperate, and shall
cause its subcontractors to cooperate, with the performance of security audit and penetration tests
by OIS or its designee.
K. Safeguarding PII.If Vendor or any of its subcontractors will or may receive PII under this PO,
Vendor shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, all State requirements relating to non-disclosure, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Vendor shall be a
“Third-Party Service Provider” as defined in CRS §24-73-103(1)(i) and shall maintain security
procedures and practices consistent with CRS §§24-73-101. In addition, as set forth in §
24-74-102, et. seq., C.R.S., Contractor, including, but not limited to, Contractor’s employees,
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agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of
investigating for, participating in, cooperating with, or assisting with Federal immigration
enforcement. If Contractor is given direct access to any State databases containing PII, Contractor
shall execute, on behalf of itself and its employees, the certification PII Individual Certification
Form or PII Entity Certification Form [Download form from Hyperlink] on an annual basis and
Contractor’s duty and obligation to certify shall continue as long as Contractor has direct access to
any State databases containing PII. If Contractor uses any Subcontractors to perform services
requiring direct access to State databases containing PII, the Contractor shall require such
Subcontractors to execute and deliver the certification to the State on an annual basis, so long as
the Subcontractor has access to State databases containing PII.
L. Software Piracy Prohibition.State or other public funds payable under this PO shall not be
used for the acquisition, operation, or maintenance of computer software in violation of federal
copyright laws or applicable licensing restrictions. Vendor hereby certifies and warrants that,
during the term of this PO and any extensions, Vendor has and shall maintain in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that
Vendor is in violation of this provision, the State may exercise any remedy available at law or in
equity or under this PO, including, without limitation, immediate termination of this PO and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
M. Information Technology.To the extent that Vendor provides physical or logical storage of
State Records; Vendor creates, uses, processes, discloses, transmits, or disposes of State
Records; or Vendor is otherwise given physical or logical access to State Records in order to
perform Vendor’s obligations under this PO, Vendor shall, and shall cause its subcontractors, to:
(a)provide physical and logical protection for all hardware, software, applications, and data that
meets or exceeds industry standards and the requirements of this PO;(b)maintain network,
system, and application security, which includes, but is not limited to, network firewalls, intrusion
detection (host and network), annual security testing, and improvements or enhancements
consistent with evolving industry standards;(c)comply with State and federal rules and
regulations related to overall security, privacy, confidentiality, integrity, availability, and auditing;(d)
provide that security is not compromised by unauthorized access to workspaces, computers,
networks, software, databases, or other physical or electronic environments;(e)promptly report all
Incidents, including Incidents that do not result in unauthorized disclosure or loss of data integrity,
to a designated representative of the OIS; and (f)comply with all rules, policies, procedures, and
standards issued by the Governor’s Office of Information Technology (OIT), including project
lifecycle methodology and governance, technical standards, documentation, and other
requirements posted at
https://oit.colorado.gov/standards-policies-guides/technical-standards-policies. Vendor shall not
allow remote access to State Records from outside the United States, including access by
Vendor’s employees or agents, without the prior express written consent of OIS. Vendor shall
communicate any request regarding non-U.S. access to State Records to the State. The State,
acting by and through OIS, shall have sole discretion to grant or deny any such request.
N. Accessibility.Vendor shall comply with and the Work Product provided under this PO shall
be in compliance with all applicable provisions of §§24-85-101,et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability,as established by OIT pursuant to
Section §24-85-103 (2.5), C.R.S. Vendor shall also comply with all State of Colorado technology
standards related to technology accessibility and with Level AA of the most current version of the
Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology
standards. Vendor shall indemnify, save, and hold harmless the Indemnified Parties against any
and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including
attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to Vendor’s
failure to comply with §§24-85-101,et seq., C.R.S., or the Accessibility Standards for Individuals
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with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. The State
may require Vendor’s compliance to the State’s Accessibility Standards to be determined by a
third party selected by the State to attest to Vendor’s Work Product and software is in compliance
with §§24-85-101,et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability
as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S.
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ADDENDUM 2:
Additional Terms & Conditions for Federal Provisions
IF ANY PART OF THIS PO HAS BEEN FUNDED, IN WHOLE OR IN PART, WITH FEDERAL
FUNDS, THE FOLLOWING PROVISIONS SHALL ALSO APPLY TO THIS PO.
1. APPLICABILITY OF PROVISIONS.
1.1. The Contract or Purchase Order to which these Federal
Provisions are attached has been funded, in whole or in part,
with an Award of Federal funds. In the event of a conflict
between the provisions of these Federal Provisions, the
Special Provisions, the body of the Contract or Purchase
Order, or any attachments or exhibits incorporated into and
made a part of the Contract or Purchase Order, the provisions
of these Federal Provisions shall control.
2. COMPLIANCE.
2.1. Contractor shall comply with all applicable provisions of
the Transparency Act, all applicable provisions of the Uniform
Guidance, and the regulations issued pursuant thereto,
including but not limited to these federal Provisions. Any
revisions to such provisions or regulations shall automatically
become a part of these Federal Provisions, without the
necessity of either party executing any further instrument.
The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a
condition precedent to the effectiveness of such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM)AND UNIQUE ENTITY ID REQUIREMENTS.
3.1. SAM. Contractor shall maintain the currency of its
information in SAM until the Contractor submits the final
financial report required under the Award or receives final
payment, whichever is later. Contractor shall review and
update SAM information at least annually after the initial
registration, and more frequently if required by changes in its
information.
3.2. Unique Entity ID. Contractor shall provide its Unique Entity
ID to its Recipient, and shall update Contractor’s information
at http://www.sam.gov at least annually after the initial
registration, and more frequently if required by changes in
Contractor’s information.
4. CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE APPENDIX II TO PART 200.
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4.1.Contracts for more than the simplified acquisition
threshold,which is the inflation adjusted amount determined
by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by
41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and
penalties as appropriate. The simplified acquisitions threshold
is $250,000
4.2.All contracts in excess of $10,000 must address
termination for cause and for convenience by the
non-Federal entity including the manner by which it will be
effected and the basis for settlement.
4.3.Equal Employment Opportunity.Except as otherwise
provided under 41 CFR Part 60, all contracts that meet the
definition of “federally assisted construction contract” in 41
CFR Part 60-1.3 must include the equal opportunity clause
provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30
FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive
Order 11246 relating to Equal Employment Opportunity,” and
implementing regulations at 41 CFR Part 60, “Office of
federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
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4.4.Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).
When required by Federal program legislation, all prime
construction contracts in excess of $2,000 awarded by
non-Federal entities must include a provision for compliance
with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, “Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and
Assisted Construction”). In accordance with the statute,
contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of
Labor. In addition, contractors must be required to pay wages
not less than once a week. The non-Federal entity must place
a copy of the current prevailing wage determination issued by
the Department of Labor in each solicitation. The decision to
award a contract or subcontract must be conditioned upon
the acceptance of the wage determination. The non-Federal
entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a
provision for compliance with the Copeland “Anti-Kickback”
Act (40 U.S.C. 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States”).
The Act provides that each contractor or subrecipient must be
prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public
work, to give up any part of the compensation to which he or
she is otherwise entitled. The non-Federal entity must report
all suspected or reported violations to the Federal awarding
agency.
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4.5.Contract Work Hours and Safety Standards Act (40
U.S.C. 3701-3708). Where applicable, all contracts awarded
by the non-Federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a
provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor
must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is
permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market,
or contracts for transportation or transmission of intelligence.
4.6.Rights to Inventions Made Under a Contract or
Agreement.If the Federal award meets the definition of
“funding agreement” under 37 CFR § 401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of
experimental, developmental, or research work under that
“funding agreement,” the recipient or subrecipient must
comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations
issued by the awarding agency.
4.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal
Water Pollution Control Act (33 U.S.C. 1251-1387),as
amended - Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection
Agency (EPA).
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4.8. Debarment and Suspension (Executive Orders 12549
and 12689) - A contract award (see 2 CFR 180.220) must not
be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)
and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment
and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order
12549.
4.9. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -
Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee
of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place
in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the
non-Federal award.
4.10. Prohibition on certain telecommunications and video
surveillance services or equipment §2 CFR 200.216
4.10.1. Recipients and sub recipients are prohibited from obligating or expending loan or
grant funds to:
4.10.1.1. Procure or obtain;
4.10.1.2. Extend or renew a contract to procure or obtain; or
4.10.1.3. Enter into a contract (or extend a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of
any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities).
4.11.Contracts with small and minority businesses,
women’s business enterprises, and labor surplus area
firms. (2 CFR §200.321).The non-Federal entity must take
all necessary affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus
area firms are used when possible.
4.12.Domestic preferences for procurements. (2 CFR
§200.322)As appropriate and to the extent consistent with
law, the non-Federal entity should, to the greatest extent
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practicable under a Federal award, provide a preference for
the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other
manufactured products). The requirements of this section
must be included in all subawards including all contracts and
purchase orders for work or products under this award.
4.13.Procurement of recovered materials. (2 CFR §200.323)
A non-Federal entity that is a state agency or agency of a
political subdivision of a state and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as
amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in
the EPA guidelines.
5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
5.1. Pursuant to §4.2 of these Federal Provisions, the State of
Colorado may terminate this contract, in whole or in part,
when it is in the Government’s interest. Solicitations and
contracts shall include clauses as required by FAR 49.502
(2023). Termination for convenience of the government shall
comply with the following provisions of the Federal
Acquisition Regulations:
5.1.1. For Fixed Price Contracts: FAR 52.249-2 (2023)
5.1.2. For Contracts for Personal Services: FAR 52.249-12 (2023)
5.1.3. For Construction Contracts for Dismantling, Demolition, or Removal of Improvements:
FAR 52.249-3 (2023)
5.1.4. For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023)
6. EVENT OF DEFAULT.
6.1. Failure to comply with these Federal Provisions shall
constitute an event of default under the Contract and the
State of Colorado may terminate the Contract upon 30 days
prior written notice if the default remains uncured five
calendar days following the termination of the 30 day notice
period. This remedy will be in addition to any other remedy
available to the State of Colorado under the Contract, at law
or in equity.
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Item 15.
File Attachments for Item:
16. Resolution 2024-091 Approving the Acquisition and Installation of a Public Asphalt
Art Mural on Canyon Avenue.
The purpose of this item is to approve the acquisition and installation of a work of art at the
intersection of Canyon/Magnolia/Sherwood, which exceeds $30,000 in cost. Council has
previously appropriated $25,000 (appropriated 5/7/24) from the Bloomberg Asphalt Art
Innovations Grant which will be used to partially fund the installation. Additional funds to be
used for this project will come from the Community Capital Improvement Program for Pedestrian
Sidewalk/ADA compliance and Bicycle Infrastructure Improvements, which will support the
traffic calming elements of the project. The total project cost of $56,500 will cover artist
honorarium, materials, traffic plans, barricades, installation, ADA materials, site preparation
striping and community engagement supplies.
Page 186
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Anna Kelso, Active Modes Specialist
SUBJECT
Resolution 2024-091 Approving the Acquisition and Installation of a Public Asphalt Art Mural on
Canyon Avenue.
EXECUTIVE SUMMARY
The purpose of this item is to approve the acquisition and installation of a work of art at the intersection of
Canyon/Magnolia/Sherwood, which exceeds $30,000 in cost. Council has previously appropriated $25,000
(appropriated 5/7/24) from the Bloomberg Asphalt Art Innovations Grant which will be used to partially fund
the installation. Additional funds to be used for this project will come from the Community Capital
Improvement Program for Pedestrian Sidewalk/ADA compliance and Bicycle Infrastructure Improvements,
which will support the traffic calming elements of the project. The total project cost of $56,500 will cover
artist honorarium, materials, traffic plans, barricades, installation, ADA materials, site preparation striping
and community engagement supplies.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City was awarded a Bloomberg Philanthropies Asphalt Art Innovations grant for $25,000 in the fall of
2023 for an asphalt art curb extension project at the intersection of Canyon Avenue, West Magnolia Street,
and South Sherwood Street. The original grant application included a curb extension design proposal
totaling roughly 6,500 square feet. Upon receiving the grant, Bloomberg Philanthropies partnered FC
Moves with Street Plans, a tactical urbanism consulting firm. Street Plans recommended revising the
original plan to cover a much larger area than originally planned. The revised plans will be more effective
in traffic calming and reducing pedestrian crossing distances and have been approved by all relevant City
departments. Increasing the total area of tactical curb extension from 6,500 square feet to almost 17,000
square feet has also increased the total budget considerably, most notably, the artist honorarium. Funding
from the Community Capital Improvement Program (CCIP) for Pedestrian Sidewalk/Americans with
Disabilities Act (ADA) compliance and Bicycle Infrastructure Improvements will cover the increased project
costs above the grant award. The total project cost of $56,500 will cover artist honorarium, materials, traffic
plans, barricades, installation, ADA materials, site preparation striping and community engagement
supplies. According to Sec. 23-308, the Art in Public Places (APP) Board shall make recommendations to
the City Council concerning the use of funds in excess of thirty thousand dollars ($30,000) for the
acquisition, installation and maintenance of works of art.
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Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Art in Public Places promoted a call for artists in January 2024. The artist was selected in a competitive
process. Local artist Jess Bean was selected on March 15, 2024. Bean is an established artist and muralist
and serves as the Executive Director of the Fort Collins Mural Project. One of her most recent murals can
be observed on the United Way Community Center located at the corner of Sherwood Avenue and Oak
Street. Bean also has extensive experience working on collaborative creative installations in the City and
excels in building community through art.
Artist Jess Bean prepared the following statement about her design for the Canyon/Magnolia/Sherwood
intersection:
The design uses the non-native magnolias to represent settlers overtaking the indigenous peoples. Black-
tipped feathers represent Arapaho Chief Friday who worked closely with the “Indian Agent” appointed by
Abraham Lincoln, Frederick Sherwood. Chief Friday’s efforts to secure land for his people never came to
fruition, and he eventually moved his people on the Wind River Reservation in Wyoming after it became
clear that Sherwood was not going to be able to secure any land in Colorado for the Arapaho. The shadows
of the black-tipped feathers represent Friday’s ever-lasting legacy.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At the June 27, 2024, Art in Public Places Board meeting, the Board recommended funding the acquisition
and installation of the art at the intersection of Canyon/Magnolia/Sherwood with a $62,000 budget.
PUBLIC OUTREACH
Public outreach for this installation began with a press release informing the public of the Bloomberg
Philanthropies Asphalt Art Innovations Grant in the fall of 2023. This was followed by a call for artists which
was managed through Art in Public Places. Once the artist (Jess Bean) was selected by the review
committee, two public outreach events were held at the Lincoln Center on March 27th and May 16th, 2024.
These events included live music, dance performances as well as an opportunity for the public to meet the
artist, offer input on the design and vote on one of two designs provided for selection. Online voting was
also offered on the FC Moves asphalt art page. Further communication about the project and the outreach
events was provided to local businesses, residents and landowners via postcard mailers and yard signs.
ATTACHMENTS
1. Resolution for Consideration
2. APP Board Handout for the Canyon/Magnolia/Sherwood Asphalt Art Project
3. Draft APP Board Minutes, June 27, 2024
Page 188
Item 16.
-1-
RESOLUTION 2024-091
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE ACQUISITION AND INSTALLATION OF A
PUBLIC ASPHALT ART MURAL ON CANYON AVENUE
A. The City seeks to install an asphalt art project at the intersection of Canyon
Avenue, W est Magnolia Street, and South Sherwood Street (the “Asphalt Art Mural”). The
design for the Asphalt Art Mural includes feathers and non -native Magnolia flowers,
representing the historical interplay between indigenous peoples and settlers in the area
that now includes Fort Collins.
B. The total cost of acquiring and installing the Asphalt Art Mural is $56,500.
The City Council previously appropriated $25,000 for the project through Ordinance No.
054, 2024. Another $31,500 has been appropriated as part of the Community Capital
Improvement Program.
C. The goal of installing the Asphalt Art Mural is to calm traffic and improve
pedestrian and cyclist safety.
D. Section 23-308 of the City Code requires the Art in Public Places (“APP”)
Board to make recommendations to the City Council concerning the use of funds in
excess of $30,000 for the acquisition, installation and maintenance of works of art . At its
June 27, 2024, meeting, the APP Board recommended acquiring and installing the
Asphalt Art Mural.
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 approves of the Asphalt Art Project
described herein, the conceptual design of which was reviewed and approved by the Art
in Public Places Board at its June 27, 2024, meeting.
Page 189
Item 16.
-2-
Passed and adopted on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 16, 2024
Approving Attorney: Ted Hewitt
Page 190
Item 16.
Asphalt Art Installation
Artist: Jess Bean
Location: Canyon/Magnolia/Sherwood
Title: TBD
Design—Artist Statement: Based on a trip to the Museum of Discovery's archives; this design uses
the non-native magnolias to represent settlers over taking the indigenous peoples. Black tipped
feathers represent Arapaho Chief Friday who worked closely with the "Indian Agent" appointed by
Abraham Lincoln, Frederick Sherwood. Chief Friday's efforts to secure land for his people never
came to fruition, and he eventually moved his people on to the Wind River reservation in Wyoming
after it became clear that Sherwood was not going to be able to secure any land in Colorado for the
Arapaho. The shadows of the Black tipped feather's represent Friday's ever-lasting legacy. The
wavy lines represent the moving waters of the Poudre running from the canyon through the city, and
the circles are indicative of the statue on the South side of the Lincoln Center.
About Jess Bean - Jess Bean is an established artist and muralist and serves as the executive di-
rector of the Fort Collins Mural Project. One of her most recent murals can be observed on the Unit-
ed Way Community Center located at the corner of Sherwood Avenue and Oak Street. Bean also
has extensive experience working on collaborative creative installations in the city and excels in
building community through art.
BEFORE AFTER
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Item 16.
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Item 16.
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Item 16.
Page 194
Item 16.
Design/Location Justification: Tactical asphalt art is a combination of art on pavement, or street
murals, and tactical urbanism infrastructure. Tactical urbanism uses short-term, low-cost, interven-
tions to catalyze long-term change. The most common form of tactical infrastructure used in asphalt
art projects around the country is curb extensions. Curb extensions, also known as bulb-outs, ex-
tend the sidewalk or curb line out into the parking lane, which reduces the effective street width.
Tactical curb extensions are created with traffic paint and plastic delineator posts as opposed to
concrete. Tactical curb extensions are more affordable, quicker and easier to install, relatively easy
to adjust or remove, allow a city to test and evaluate an intersection redesign, and do not change
the hydrology of an intersection. Asphalt art curb extensions include artistic murals within the curb
extension area. Asphalt art has the power to transform cities and make their public spaces safer and
more vibrant.
New guidance from the 11th edition of the Manual on Uniform Traffic Control Devices (MUTCD) as
well as input from Public-Right-of-Way Accessibility Guidelines (PROWAG) provide requirements
and recommendations for ADA compliance based on the specifications of each curb extension. Tac-
tical curb extensions measuring over 7 feet distance from the sidewalk ramp require tactile warning
devices (TWD) as well as truncated domes where the curb extension meets the crosswalk. These
applications provide guidance from the sidewalk ramp to the crosswalk for the visually impaired.
The intersection of Canyon/Magnolia/Sherwood was selected as it is a cherished focal point of the
community and also presents one of the best opportunities for improvements in:
reducing right-of-way confusion
Shortening pedestrian crossing distances
Reducing traffic speeds
Creating manful community spaces
Project/Budget Narrative: FC Moves was awarded the Bloomberg Philanthropies asphalt innova-
tions grant for $25K in the fall of 2023. The original curb extension design submitted in the grant
application was small and the budget outline reflected this. Upon receiving the grant, Bloomberg
Philanthropies partnered FC Moves with a consulting firm, Street Plans. Street plans provided a
revision that created a significantly larger and more ambitious design. The revised plan will be
more effective in traffic calming and reducing pedestrian crossing distances. Increasing the total
area of the tactical curb extension from roughly 6,500 sq ft to almost 17,000 sq ft. has also in-
creased the total cost of the project considerably. To adjust for this we will also be using funds
from pedestrian CCIP, bike CCIP, as well as small private doners.
Page 195
Item 16.
Schedule: August 12 to August 18, 2024
Monday, Augusut 12th— pressure washing and crosswalk removal/reinstallation
Tuesday, August 13th—striping and prep
Wednesday August 14th to 18th—Asphalt art installation
Installation plan:
Traffic control will begin with a closing of the intersection on Monday morning, August 12th. Installa-
tion will then follow with crosswalk removal and reinstallation followed by pressure washing and
striping. Volunteer supported asphalt art installation will begin on Wednesday, August 14, 2024. In-
tersection barricades to be removed the morning of Monday, August 19th and plastic delineator
posts to be installed.
Community Outreach and Engagement: Two community outreach events have been held thus
far. The first event included live music by Russick Smith and improvisational dance by Impact Dance
Company. At this event residents and local businesses had the opportunity to meet the artist, Jess
Bean, and learn more about the benefits of asphalt art. The second community outreach event in-
cluded live music by Carlos Barata and offered community members the opportunity to vote on their
favorite design. Those who were not able to attend in person were given the opportunity to vote
online. Installation will be supported by community volunteer effort and managed by FC Moves. Post
installation celebration for the community to follow in fall 2024.
Page 196
Item 16.
SealMaster Color Pallet — We have selected SealMaster Colorpave HD 500 for this installation as
it complies with both Risk Management and Environmental Regulatory Affairs requirements. Please
see below for color pallet.
Page 197
Item 16.
ART IN PUBLIC PLACES
REGULAR MEETING
Wednesday, June 26, 2024 – 3:30 PM
The Lincoln Center, Founders Room
6 /26/20 2 4 – MINUTES Page 1
1. CALL TO ORDER: 3: PM
2. ROLL CALL
a) Board Members Present – Natalie Barnes, Kathy Bauer, Myra Powers, Renee
Sherman, Heidi Shuff, and Nancy Zola
b) Board Members Absent – Christopher Staten
c) Staff Members Present – Ellen Martin, Liz Good, Anna Kelso
d) Cultural Resources Board Liaison – Leslie Walker
e) Guests – None
3. AGENDA REVIEW
4. PUBLIC PARTICIPATION
5. APPROVAL OF MINUTES, May 15, 2024
Ms. Sherman confirmed the update she requested to her attendance had been
made.
Ms. Powers moved to approve the minutes
Ms. Shuff seconded.
Unanimously approved.
6. NEW BUSINESS
a) Asphalt Art Project Review
Anna Kelso with FC Moves was in attendance to present the project for the
intersection of Magnolia, Canyon, and Sherwood. The project is funded through
an Asphalt Art Initiative grant from Bloomberg Philanthropies and FC Moves. It
isn’t funded by APP. She shared the final design by artist Jess Bean and its
inspiration. She also outlined community engagement, the upd ated project
budget, and proposed installation schedule in mid-August. The Board asked
about signage. Ms. Kelso shared that the DEI Office has also made this request.
If approved by the Board, the project will be recommended to City Council that will
need to approve due to the budget being over $30,000.
Ms. Sherman moved to approve the Asphalt Art as presented.
Ms. Zola seconded.
Unanimously approved.
b) Center for Creativity Restroom Mural Review
Page 198
Item 16.
ART IN PUBLIC PLACES
REGULAR MEETING
6 /26/202 4 – MINUTES Page 2
Ms. Martin presented the project design by artist Chelsea Ermer. For this mural
Chelsea is painting a sunset cloudscape. The purpose for this mural is to add
whimsy and surprise to the space.
Ms. Powers moved to approve for the Center for Creativity Restroom Mural.
Ms. Shuff seconded.
Unanimously approved.
c) Transformer Cabinet Artist Discussion
Ms. Good shared statistics for the last five years. There was a discussion about
ways to include new artists and modify the process. The Board requested to
continue the discussion at a future meeting.
d) APP 30th Anniversary
Ms. Martin shared that the APP program started in April 1995 and 2025 will be
the 30th Anniversary. Staff wants to start a discussion with the Board of ways to
share the APP story. The 20th anniversary celebration was discussed as a model.
It was suggested to have a celebration at the newly remodeled Center for
Creativity. Staff will add this to the agenda to continue the discussion.
8. STAFF REPORT
Ms. Martin shared highlights and updates; the report will be emailed to the Board.
9. OTHER BUSINESS
Leslie Walker with the Cultural Resources Board shared about the granting
process for Fort Fund. They are also starting community workshops.
Ms. Bauer shared about a friend who was moved by seeing a Pedestrian Paver
featuring a wheelchair athlete that reminded her of her son. She also shared that
she went to the Chair/Vice Chair training and wanted to thank Staff for their
organization. She also shared about the Church of Beethoven at Avogadro’s
Number as a favorite summer activity.
10. ADJOURNMENT 4:54 PM
Minutes approved by the chair and a vote of the Board/Commission on XX/XX/XX
Page 199
Item 16.
File Attachments for Item:
Highlight the Explorer Program from Fort Collins Police Services.
The purpose of this item is to highlight and recognize the Fort Collins Police Services’ Explorer
Program for the volunteer services the members provide to Fort Collins Police Services and the
community and to recognize the Explorers who recently participated in a national Explorer
competition.
Page 200
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Frank Barrett, Assistant Chief
Sage Madden, Explorer Lieutenant
Emily Barrett, Explorer Sergeant
SUBJECT
Highlight the Explorer Program from Fort Collins Police Services.
EXECUTIVE SUMMARY
The purpose of this item is to highlight and recognize the Fort Collins Police Services’ Explorer Program
for the volunteer services the members provide to Fort Collins Police Services and the community and to
recognize the Explorers who recently participated in a national Explorer competition.
BACKGROUND / DISCUSSION
The Fort Collins Police Services Explorer Program is a volunteer program for youth in our community ages
15 to 21. It allows youth interested in the criminal justice/law enforcement profession to learn and get
exposure to the field's different aspects and career opportunities. The Explorer Program gives youth
experience in the law enforcement field and the ability to develop their leadership, communication,
teamwork, and conflict resolution skills and give back to the community through volunteer service
opportunities.
The Explorers meet once a week, with two mandatory meetings and two voluntary meetings per month.
During these meetings, the Explorers receive presentations and instruction fr om professionals in the
criminal justice field. During many of these presentations, Explorers get hands-on experience with the skill
or topic they learned about. In other meetings, the Explorers participate in scenario/decision-based training
to continue learning about the profession and developing their skills. The Explorers also provide many
volunteer services to Police Services and the community. The Explorer Program has provided over 1700
community service hours in the last two years. These hours have included assistance with Santa Cops,
delivery of Council materials to Councilmembers, building tours of the Fort Collins Police Department, help
with special events, and many other activities.
The program currently has 13 youth, ranging from 15 to 20 years of age, and is managed by 7 police officer
advisors. The advisors guide and mentor the Explorer Leadership Team, which consists of one lieutenant,
two sergeants, and two corporals. The Explorer Leadership Team gives the youth the ability to plan and
facilitate their own meetings and training sessions. It also allows them to develop their leadership skills.
The skills and experiences the participants have in this program help them become more successful in
their pursuit of obtaining a position in the criminal justice field. Several previous Explorers have said the
skills, knowledge, and experience they gained during their time as an Explorer were invaluable and helped
Page 201
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
them be successful in getting positions in the profession. Fort Collins Police Services has several current
officers and dispatchers who were previous Explorers.
Once a year, a group of Explorers participate in a national explorer competition with explorer programs
from around the country. During this competition, the Explorers go through various scenarios in several
different aspects of law enforcement and are scored based on their performance by current law
enforcement professionals. This year, five of our Explorers traveled to Topeka, Kansas. They competed
against fourteen teams from across the nation in many events to test their knowledge, skills, and abilities
in law enforcement-related situations. The Explorer team did exceptionally well, finishing second overall in
the competition. The rankings for each team exercise were:
1st in Crisis Negotiations
1st in Death Investigation
1st in Crime Scene Investigator
1st in Special Victim
2nd in Active Shooter
2nd in Dodgeball
3rd in Crisis Intervention
3rd in Suspicious Vehicle
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Presentation
Page 202
Headline Copy Goes Here
Frank Barrett, Assistant Chief
Fort Collins Police
Services’ Explorer
Program
07-16-2024
Sage Madden, Explorer Lieutenant
Emily Barrett, Explorer Sergeant
Page 203
Headline Copy Goes HereProgram
2
•Volunteer program for youth ages 15 to 21
•Helps youth interested in criminal justice/law enforcement
learn about the profession
•Allows for development in leadership, communication,
teamwork, and conflict resolution skills
•Give back to the community
Page 204
Headline Copy Goes HereExplorer Activities
3
•Monthly meetings
•Hands-on experience
•Scenario/decision-based training
•Community service
•Santa Cops
•Council packets
•Police building tours
•Special events
•Over the last two years, Explorers have provided 1,700
hours of community service
Page 205
Headline Copy Goes HereCurrent Explorer Group
4
•13 Explorers ranging from ages 15
to 20
•7 police officer advisors
•Explorer Leadership Team
•Lieutenant
•2 Sergeants
•2 Corporals
Page 206
Headline Copy Goes HereExplorer Competition
5
•Capital Challenge 2024 –Explorer
Competition –Topeka, Kansas
•14 Explorer teams
•14 scenarios based on current trends
law enforcement encounter routinely
•Allows Explorers to demonstrate their
skills, knowledge, and abilities in these
scenarios
•Explorers are evaluated based on their
performance by current law
enforcement professionals
•5 Explorers attended and competed this
year
Law Enforcement Explorer Competition
Topeka, Kansas
June 8th & 9th, 2024
Page 207
Headline Copy Goes HereCompetition Results
6
•2nd -Overall in the competition
•1st -Crisis negotiation
•1st –Death investigation
•1st –CSI
•1st –Special victim
•2nd –Active shooter
•2nd –Dodgeball
•3rd –Crisis intervention
•3rd –Suspicious vehicle
Page 208
Headline Copy Goes Here
Questions?
7
Page 209
File Attachments for Item:
17. Items Relating to the Civic Assembly Process.
A. First Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the General
Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
B. Resolution 2024-092 Approving an Exception to the Competitive Purchasing Process to
Procure Professional Services from Healthy Democracy Fund Related to a Civic Assembly
Process for the Hughes Master Plan.
The purpose of this item is to appropriate one-time dollars in the amount of $150,000 to be used
for a Civic Assembly engagement process in relation to the Hughes Site Plan work. Staff is also
requesting that City Council approve a sole source exception for Healthy Democracy Fund to
provide services related to the design, coordination and implementation of a civic assembly
should grant revenue bring the project above $200,000.
Page 210
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Sr. Project Manager
SUBJECT
Items Relating to the Civic Assembly Process.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 106, 2024, Appropriating Prior Year Reserves in the General Fund for
a Civic Assembly Process in Relation to the Hughes Stadium Site.
B. Resolution 2024-092 Approving an Exception to the Competitive Purchasing Process to Procure
Professional Services from Healthy Democracy Fund Related to a Civic Assembly Process for the Hughes
Master Plan.
The purpose of this item is to appropriate one-time dollars in the amount of $150,000 to be used for a Civic
Assembly engagement process in relation to the Hughes Site Plan work. Staff is also requesting that City
Council approve a sole source exception for Healthy Democracy Fund to provide services related to the
design, coordination and implementation of a civic assembly should grant revenue bring the project above
$200,000.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
City Council has expressed a desire to engage the public in a manner that ensures all voices are heard.
Civic Assemblies are a method that utilizes both random selection, demographic representation, and
compensation to engage diverse residents in learning about a topic, hearing ideas from a variety of
interest groups, and ultimately producing well-informed recommendations to City Council on the topic
through deliberations. In considering this method, City staff have proposed the Council priority of
developing a use plan for the Hughes site as a topic. This also relates to the Council priority to make
government more accessible, approachable and fun.
Staff have started collaborating with the American Public Trust (APT), CSU’s Center for Public
Deliberation, the Strayer Center, Healthy Democracy Fund, and the Local Policy Lab regarding this idea.
If funded, 2024 money would be used, through a contract with Healthy Democracy Fund, to raise
awareness in the community, send random mailings to seek participants and develop logistical materials
Page 211
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
and secure meeting locations. 2025 would likely be when the event would actually occur and those
dollars would be used for participant compensation, matching grant commitments, and consultant help.
Parallel to a civic assembly, the broader public will still be offered the traditional methods of engagement.
The civic assembly tool is being proposed as an addition because of the variety of interest groups,
complexity of the project, and potential for polarization in the community. This will also be a learning
opportunity to see how the community responds to this new model of local democracy.
In addition to the $150,000 appropriation, APT is working on securing funding sources from philanthropic
organizations to support even more robust public engagement, outreach efforts, and inclusion support for
assembly members. In accordance with Code Section 8-161(d)(3), City Council approval is required for
exceptions to the procurement process for anything $200,000 or more.
Healthy Democracy Fund is a unique nonpartisan, nonprofit organization in the United States that works
with local governments to design, coordinate and implement civic assemblies through a lottery selected
panel. Their processes are topic-agnostic and moderators only ask non-content questions to help guide
the process not the outcome. Healthy Democracy Fund has worked in California on land-use projects,
specifically in Petaluma, CA related to a 55-acre City owned property that was formerly a fairground and
in Santa Monica related to an anticipated closure of their airport.
Engagement with Native Community
Council requested for information regarding discussions between the Native community and the Equity &
Inclusion Office pertaining to the Hughes site. Below is a short summary as well as potential future
engagement,
Feb 2023- During a Native Community meeting, the Hughes site was discussed, and information
provided was provided about the ballot language. Discussion occurred around what this could mean
for the native community and tribal interests.
May 2023- City staff hosted a Zoom call with the Native Community to inform them about the Hughes
site and create space for the community to voice their interests. Prior to the City officially purchasing
the land in June 2023, a small group of Native community members had organized to produce Land
Back project proposal for native use on the property.
Proposed for Fall 2024- Informal Consultation: This would include Local Native community
members and Tribal Representatives that have indicated a connection to the area / Hughes site. This
would be a step to prepare the community to work with Healthy Democracy Fund and American Public
Trust. This informal consultation would create space for the Native community and Tribal
representatives to speak freely and gather their thoughts and ideas working towards consensus on
potential Native uses of the land in preparation to work alongside a civic assembly.
During this item discussion, American Public Trust and Healthy Democracy Fund will be joining remotely
to present to Council more information about the process of selecting a civic assembly and answer any
questions.
CITY FINANCIAL IMPACTS
One-time dollars of $150,000 would come from the General Fund. Any supplemental revenue received in
the form of grants would be brought to Council for appropriation at that time.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Page 212
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Resolution for Consideration
3. Presentation from American Public Trust and Healthy Democracy Fund
Page 213
Item 17.
-1-
ORDINANCE NO. 106, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR A CIVIC ASSEMBLY PROCESS IN RELATION TO
THE HUGHES STADIUM SITE
A. In 2021, a citizen-initiated ballot initiative passed, requiring the City to
purchase the Hughes Stadium Site (the “Site”), rezone the 164.56 acre Site to Public
Open Lands District (POL) and use the Site for “parks, recreation, and open lands, natural
areas, and wildlife rescue and restoration.” The City and the Board of Governors of the
CSU System signed a contract on March 2, 2023, regarding the sale of the Site to the
City. The total cost of the purchase, including closing costs, was $12,700,000.
B. City Council has expressed a desire to engage the public about the use of
the Site in a manner that ensures all voices are heard. Civic assemblies are a method
that utilizes both random selection, demographic representation, and compensation to
engage diverse residents in learning about a topic, hearing ideas from a variety of interest
groups, and ultimately producing well-informed recommendations to City Council on the
topic through deliberations. City staff have proposed th at the Council priority of developing
a use plan for the Site be a topic for consideration by a civic assembly.
C. Healthy Democracy Fund is a unique nonpartisan, nonprofit organization in
the United States that works with local governments to design, coordinate and implement
civic assemblies through a lottery selected panel. Their processes are topic-agnostic and
moderators only ask non-content questions to help guide the process, not the outcome.
Healthy Democracy Fund has a track record of convening civic assemblies on local
government land use issues.
D. Healthy Democracy Fund has created a proposal to engage a civic
assembly to advise the City Council on the future uses of the Site. The proposal would
cost $150,000 to implement, with the potential to provide more public engagement,
outreach efforts and inclusion support for an additional $100,000. This ordinance
appropriates $150,000 in prior year reserves and if grant funds are secured, City staff
would bring an additional appropriation ordinance to appropriate those grant funds.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of contracting for a public
engagement process relating to the use of public property.
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 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.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
Page 214
Item 17.
-2-
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 Prior Year Reserves in the
General Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to
be expended in the General Fund for a Civic Assembly Process in Relation to the Hughes
Stadium Site.
Introduced, considered favorably on first reading on July 16, 2024, and approved
on second reading for final passage on August 20, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: August 30, 2024
Approving Attorney: Carrie Daggett
Page 215
Item 17.
-1-
RESOLUTION 2024-092
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN EXCEPTION TO THE COMPETITIVE PURCHASING
PROCESS TO PROCURE PROFESSIONAL SERVICES FROM
HEALTHY DEMOCRACY FUND RELATED TO A CIVIC ASSEMBLY
PROCESS FOR THE HUGHES MASTER PLAN
A. Section 8-161(d)(1)a of the City Code authorizes the Purchasing Agent to
negotiate for services without using a competitive process where the Purchasing Agent
determines there exists only one responsible source for the services.
B. The City requires the services of a consultant to administer a civic assembly
engagement process to help develop the site plan for the Hughes stadium property.
Healthy Democracy Fund is the only consultant available to perform these services.
Healthy Democracy Fund is a unique nonpartisan, nonprofit organization in the United
States that works with local governments to design, coordinate and implement civic
assemblies through a lottery selected panel.
C. The Purchasing Agent has determined that Healthy Democracy Fund is the
only responsible source to administer a civic assembly engagement process to help
develop the site plan for the Hughes stadium property.
D. The cost to procure these services is expected to be $150,000, however,
the City is seeking grant funds to augment the services Healthy Democracy Fund is
providing to the City, which may increase the total cost of the procurement up to $250,000.
E. The Purchasing Agent and other City staff recommend the adoption of this
Resolution.
F. The Purchasing Agent has submitted the requisite justification to the City
Manager for approval and the City Manager has reviewed and approved this justification.
G. Section 8-161(d)(3) of the City Code requires prior approval of this purchase
as it exceeds $200,000.
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 authorizes the Purchasing Agent to
negotiate and enter into an agreement with Healthy Democracy Fund for up to five years
for professional services in connection with the conduct of a civic assembly process for
the Hughes Master Plan, and further approves this action as an exception to the City’s
competitive purchasing process requirements, for the reasons set forth herein.
Page 216
Item 17.
-2-
Passed and adopted on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 16, 2024
Approving Attorney: Carrie Daggett
Page 217
Item 17.
Rahmin Sarabi
Founder & Director
American Public Trust
Civic Assemblies:
Public Engagement to
‘Solve’ Tough Problems
Fort Collins, Colorado City Council
7.16.24
Linn Davis
Program Director
Healthy Democracy
Page 218
Item 17.
1.Need
2.What Assemblies are & How they work
3.APT + HD + CPD Roles
4.Questions & Discussion
Goals & Agenda
●Civic Assemblies 101
●Questions & Discussion
AMERICAN PUBLIC TRUST | 2024
Page 219
Item 17.
AMERICAN PUBLIC TRUST | 2024
Page 220
Item 17.
AMERICAN PUBLIC TRUST | 2024
Page 221
Item 17.
AMERICAN PUBLIC TRUST | 2024 * Citizens’ Assemblies are a Deliberative Democracy method in a family that includes Citizens/Civic Panels, Juries, and Councils
Civic Assemblies
empower the wisdom
of “we the people” to
solve tough public
problems and bridge
divides.
Page 222
Item 17.
What is a Civic Assembly?
A representative group of
everyday residents invited by
lottery to address a pressing
community issue.
They are given enough time
and good conditions to:
Learn
Deliberate
Develop
Recommendations
Public
Authority
1. CONVENES
3. RESPONDS
PUBLICLY
Civic Assembly
2. RECEIVES
RECOMMENDATIONS
Page 223
Item 17.
1
Participants are
selected by
Civic Lottery
2
They’re provided with enough
time and supports for
Learning and In-depth
Deliberation
3
Recommendations
are generated with
Super Majority
Agreement
WHO WHAT HOW
How is it Different?
Page 224
Item 17.
Recipients opt in
to participate
STAGE 1
Invitations sent
by random to
households
(5,000-30,000)
Selection by Civic Lottery
Two-stage process for selecting a representative assembly of community members
Page 225
Item 17.
●Creates a representative
“microcosm” of the larger
public
●Reduces practical barriers to
participation (e.g. money*,
technology, child/eldercare)
●Engages parts of the public
who typically would not
participate
Recipients opt in
to participate
STAGE 1
Invitations sent
by random to
households
(5,000-30,000)
Final Group
formed that is
representative of the
demographics of the
city, town, state…
Lottery is run to
select Members
stratified on: Age,
Income, Gender,
Geography, Political
Views…
STAGE 2
Selection by Civic Lottery
Two-stage process for selecting a representative assembly of community members
* Participants are paid a stipend for their time
Page 226
Item 17.
●Equips assembly members to grapple with
the complex tradeoffs of an issue
●Engages the full breadth of viewpoints and
evidence, fostering trust from stakeholders
and the public
●Supports creative problem solving for the
broadest benefit of the community
Enough Time
4-10 days
Expert Testimony
from all sides
Learning &
High Quality
Deliberation
Good conditions to make sense of an issue
with all voices considered
Professional Facilitation
for respectful dialogue
Page 227
Item 17.
Decisions by
Super Majority
70% agreement or greater
●Results in novel, practical, and
more durable policy solutions
●Solutions are more inclusive,
often integrating across the
political divides
●Increases legitimacy and
acceptance from the Public
Page 228
Item 17.
Traditional Approach
●Stakeholders advocate with the public &
decision makers, largely from outside the
political system
●Hand-picked stakeholders serve on
City-directed advisory committees
Adding a Civic Assembly
Everything to the left, plus . . .
●Stakeholders interact with Assembly by:
○Curating initial information &
presenters for the Assembly
○Presenting directly to the Assembly
○Providing feedback as the Assembly
conducts its analysis
Role of Stakeholders
Stakeholders &
AdvocatesThe Public
Decision
Makers
Stakeholders &
AdvocatesThe Public
Decision
Makers
Civic
Assembly
Page 229
Item 17.
Citizens’ Assemblies help decision makers act on tough
issues more effectively and with greater public support.
In summary
Through expressing an informed voice of the public, Assemblies help
depolarize and resolve tough issues, turning down the heat from the most
polarized voices in a community, while re-engaging the “silent majority” and
fostering practical collaborative problem-solving.
Page 230
Item 17.
AMERICAN PUBLIC TRUST | 2024
Fundraising support; program management; local and national
strategic comms
Broad public and stakeholder engagement (tied into the assembly
process)
Civic Assembly design and delivery; local capacity building for future
assemblies
Page 231
Item 17.
AMERICAN PUBLIC TRUST | 2024
Questions & Discussion
Page 232
Item 17.
APPENDIX
AMERICAN PUBLIC TRUST | 2024
Page 233
Item 17.
How is it
Different?
Page 234
Item 17.
Vision: Civic Assemblies as regular features of governance – helping
restore faith, activate engaged citizens, and upgrade our capacity to
address our many ‘wicked’ problems.Page 235
Item 17.
“The added value of [the citizen] contribution
lies in the fact that they remain the best
experts on what changes are acceptable and
when they should be implemented.”
-Alain Maron, Minister of the Brussels-Capital Region
Government in charge of Climate Transition, Environment,
Energy and Participatory Democracy.
Page 236
Item 17.
The ‘deliberative
wave’ has been
building, notably
since 2010
Note: n=566; Data for OECD countries is based on 24 OECD countries
that were members in 2021 plus the European Union. Processes that
spanned over multiple years are noted by the year of their completion
(except for permanent ongoing processes).
Source: OECD Database of Representative Deliberative Processes and
Institutions (2021).
Page 237
Item 17.
Assemblies have
addressed a wide
range of policy
issues
Note: n=566; Data for OECD countries is based on 24 OECD countries
that were members in 2021 plus the European Union. Processes that
spanned over multiple years are noted by the year of their completion
(except for permanent ongoing processes).
Source: OECD Database of Representative Deliberative Processes and
Institutions (2021).
Page 238
Item 17.
Assembly recommendations are widely
adopted by commissioning authorities
Page 239
Item 17.
AMERICAN PUBLIC TRUST | 2024
1.Make Hard Decisions Easier
2.Find Agreement on Practical Solutions
3.Build Government & Community Trust
Page 240
Item 17.
File Attachments for Item:
18. Items Relating to the Submission to the Voters of a Ballot Question Extending the
Quarter-Cent Sales and Use Tax for the Street Maintenance Program.
The purpose of this item is to set the ballot language and refer the Street Maintenance Program
tax renewal to the November 5, 2024, election.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. Resolution 2024-093 Submitting to the Registered Electors of the City at the November 5,
2024, Regular City Election the Question of the Extension of the Expiring Quarter-Cent Sales
and Use Tax Used to Fund the City’s Street Maintenance Program.
Any protest of the proposed ballot language must be received no later than Monday, July 1 7,
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.
Page 241
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Travis Storin, Chief Financial Officer
Ginny Sawyer, Senior Project and Policy Manager
SUBJECT
Items Relating to the Submission to the Voters of a Ballot Question Extending the Quarter-Cent
Sales and Use Tax for the Street Maintenance Program.
EXECUTIVE SUMMARY
The purpose of this item is to set the ballot language and refer the Street Maintenance Program tax renewal
to the November 5, 2024, election.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. Resolution 2024-093 Submitting to the Registered Electors of the City at the November 5, 2024, Regular
City Election the Question of the Extension of the Expiring Quarter-Cent Sales and Use Tax Used to Fund
the City’s Street Maintenance Program.
Any protest of the proposed ballot language must be received no later than Monday, July 1 7, 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 Resolution.
BACKGROUND / DISCUSSION
The Street Maintenance Program (SMP) provides funding for the repair and renovation of the entire City
street system. The Fort Collins community has supported dedicated funding of the SMP since 1989 when
it was funded through Choices 95.
The current Street Maintenance Program tax will expire December 31, 2025. The Street Maintenance
Program is funded at approximately $21.0 million per year. This dedicated quarter-cent tax makes up
approximately $8.7 million per year of that total cost. The General Fund is also a significant contributor to
these costs.
The Street Maintenance Program maximizes the community’s investment in the street network by
performing ongoing maintenance before much more costly repairs or replacement is necessary, extending
the usable life of a street. The program includes repair of concrete curbs, gutters, and sidewalks;
Page 242
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
construction of sidewalk access ramps; repair of deteriorating asphalt; and the reconstruction, overlay, or
seal coat operations on existing streets. Street Maintenance funding also contributes to repair and
replacement of bridges and traffic control infrastructure throughout the City.
Since 2015, lane miles in the City grew from 1,870 miles to more than 1,994 miles. Each year,
approximately 94 lane miles of Fort Collins streets are improved which is in contrast to the 130 lane mile
target to maintain a “good” rating system-wide. The City’s policy is to keep the street
system at a Level of Service (LOS)-Grade B or better and the Street Maintenance Program is critical to
meeting this goal. Fort Collins’ overall street network is the City’s largest capital asset, and maintaining and
preserving this asset is a key responsibility of municipal government.
Having a dedicated funding source for the Street Maintenance Program through a ¼-cent sales tax ensures
that streets are maintained while sharing the cost burden with non-City residents that use our street system.
CITY FINANCIAL IMPACTS
This is a proposed tax extension, not a new tax, and as such will not be an increase in current tax revenue.
This is a sales and use tax collected on all taxable purchases, which does not include prescription drugs
and food for home consumption. The extension results in the continued ¼-cent tax which is the equivalent
of 25-cents on a $100 taxable purchase. This measure is for a 20-year extension based on the critical and
on-going need of street maintenance.
The recommended term of the tax renewal is January 1, 2026, through December 31, 2045. Current
revenue projections over 20 years are approximately $220.0 million in 2024 terms.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff engaged with members of multiple City Boards and Commissions at a Super Issues Meeting. There
was overall support for a 20-year extension on the tax.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Presentation
Page 243
Item 18.
-1-
RESOLUTION 2024-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY
AT THE NOVEMBER 5, 2024, REGULAR CITY ELECTION
THE QUESTION OF THE EXTENSION OF THE EXPIRING QUARTER-CENT
SALES AND USE TAX USED TO FUND
THE CITY'S STREET MAINTENANCE PROGRAM
A. The City of Fort Collins has enacted a comprehensive sales and use tax,
which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins.
B. The amount of such tax presently imposed by the Code, as contained in
Section 25-75(a) thereof, includes a twenty-five hundredths percent (0.25%) tax (the
“Existing Tax”) most recently approved by the voters of the City on April 7, 2015, to fund
the City’s street maintenance program.
C. The City’s street maintenance program pays the costs of planning, design,
right-of-way acquisition, incidental upgrades and other costs associated with the repair
and renovation of City streets, including, without limitation, curbs, gutters, bridges,
sidewalks, parkway shoulders and medians and traffic control infrastructure (the “Street
Maintenance Program”).
D. The Existing Tax will expire at midnight at the end of December 31, 2025.
E. By continuing this dedicated funding source, the City is not only able to
provide a higher level of maintenance for City streets, but is also able to obtain assistance
in funding the Street Maintenance Program from non-City residents that use the City's
street system. This dedicated funding source is separate from the General Fund.
F. The Council believes it to be in the best interests of the residents of the City
to extend the Existing Tax for the Street Maintenance Program for a period of twenty (20)
years.
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 there is hereby submitted to the registered electors of the City at the
special City election to be held on November 5, 2024, the question of whether to extend
the Existing Tax for the City's Street Maintenance Program for a period of t wenty (20)
years, which question shall be submitted in substantially the following form:
BALLOT ISSUE NO. __
A City-initiated Question
Page 244
Item 18.
-2-
WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25%
SALES AND USE TAX (25 CENTS ON A $100 PURCHASE) FIRST APPROVED BY
THE VOTERS IN 2005 FOR THE STREET MAINTENANCE PROGRAM BE EXTENDED
FROM ITS CURRENT EXPIRATION AT THE END OF DECEMBER 31, 2025,
THROUGH THE END OF DECEMBER 31, 2045; PROVIDED THAT THE REVENUES
DERIVED FROM SUCH TAX EXTENSION SHALL BE USED TO PAY THE COSTS OF
PLANNING, DESIGN, RIGHT-OF-WAY ACQUISITION, INCIDENTAL UPGRADES AND
OTHER COSTS ASSOCIATED WITH:
● THE REPAIR AND RENOVATION OF CITY STREETS, INCLUDING, BUT
NOT LIMITED TO, CURBS, GUTTERS, BRIDGES, SIDEWALKS, PARKWAYS,
SHOULDERS AND MEDIANS, AND TRAFFIC CONTROL INFRASTRUCTURE;
AND FURTHER PROVIDED THAT THE FULL AMOUNT OF REVENUES
DERIVED FROM THE TAX EXTENSION MAY BE RETAINED AND EXPENDED BY THE
CITY NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION,
INCLUDING, BUT NOT LIMITED TO, THE LIMITATION CONTAINED IN ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION?
____ YES
____ NO
Passed and adopted on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 16, 2024
Approving Attorney: Carrie M. Daggett
Page 245
Item 18.
Headline Copy Goes Here
Ballot Referral
Street Maintenance
¼-cent Tax Renewal
07-16-2024
Travis Storin,
Chief Financial Officer
Ginny Sawyer,
Senior Project and Policy
Manager
Page 246
Item 18.
Headline Copy Goes HereOverview
2
City maintains:
•1,994 lane miles of road
•1,060 miles of sidewalk
•290 traffic signals
•34,000 traffic signs
Dedicated quarter cent tax to support
maintenance since 1990.
Recommending 20-year term on the renewal.
Page 247
Item 18.
Headline Copy Goes HereTransportation Network
3
Page 248
Item 18.
Headline Copy Goes HereStreets Department Budget
4
SMP $18.02M
Operations $10.52M
Essential Street
Operations,
4,181,676
Snow and Ice,
$1,920,834
Work For Others -
Patching/TCS/Othe
r, $2,573,970
Work For Others -
Crushing Facility,
$739,443
Sweeping,
$948,075
Graffiti,
$153,480
Street
Maintenance -
Asphalt,
$12,012,113
Street
Maintenance -
Concrete,
$6,006,056
2024 Streets Budget
$28.54M
Page 249
Item 18.
Headline Copy Goes Here
5
Street Maintenance Program (SMP)
•¼-cent SMP tax historically
used exclusively for Streets
department.
•During the 2023-2024 BFO
Cycle, $2.0 M of SMP funds
used to address critical
bridge and traffic
infrastructure needs.
•Current practice is to address
the road system wholistically:
bridges, streets, and traffic.
This is intended to provide
efficiencies by increasing
collaboration and supporting
strategic project planning.
Page 250
Item 18.
Headline Copy Goes Here
6
Street Maintenance Program (SMP)
Page 251
Item 18.
Headline Copy Goes Here
7
Current Road System Conditions
BRIDGES STREETS TRAFFIC
•“Condition State” is one factor used to define levels of service.
•Other factors include compliance with regulations, sustainability, quantity, and equity.
Page 252
Item 18.
Headline Copy Goes Here
8
Tax Renewals
ASSUMPTIONS
20502045204020352030202520202015
Open Space Yes
(25 yr.) | 2006 -2030
KFCG
(10 yr.) | 2011 -2020
KFCG.25
(10 yr.) | 2021 -2030
Assume KFCG
(10 yr.) | 2031 -2040
Street Maintenance
(10 yr.) | 2016 -2025
Assume Street Maintenance
(20 yr.) | 2026 -2045
Community Capital
Improvement
(10 yr.) | 2016 -2025
Assume
Capital Renewal
(10 yr.) | 2026 -2035
Assume
Capital Renewal
(10 yr.) | 2036 -2045
2050 Tax Parks, Climate, Transit
(26 yr.) | 2024 -2050
Assume Open Space Yes
(25 yr.) | 2035 -2050
Page 253
Item 18.
Headline Copy Goes HereProposed Ballot Language
9
Page 254
Item 18.
Previous Ballot Language
10
Page 255
Item 18.
File Attachments for Item:
19. Resolution 2024-094 Regarding the City’s Position on the Northern Integrated Supply
Project.
The purpose of this item it to update and clarify the City’s position on the Northern Integrated
Supply Project (NISP) in light of current project status and the potential that Northern Water may
seek a 1041 permit from the City.
Page 256
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
SUBJECT
Resolution 2024-094 Regarding the City’s Position on the Northern Integrated Supply Project.
EXECUTIVE SUMMARY
The purpose of this item it to update and clarify the City’s position on the Northern Integrated Supply Project
(NISP) in light of current project status and the potential that Northern Water may seek a 1041 permit from
the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The NISP project has been in design and in the permitting process at the federal, state, and local level for
many years. Throughout the process Council has adopted Resolutions in response to the project at that
time including concerns and desires for the project, direction for staff actions, and informing comments on
the permitting process.
As of 2024, NISP has obtained permits (although still under a legal challenge) and the City has adopted
1041 regulations. Some of NISP’s infrastructure may be planned to be located in Fort Collins’ municipal
boundaries and thus may require a “1041” permit from the City pursuant to Article 6 (Guidelines and
Regulations for Areas and Activities of State Interest of the City of Fort Collins ) of the City’s Land Use
Code. Proceedings for such “1041” permits are generally described as quasi-judicial proceedings, which
require, among other things, certain standards of fairness and impartiality.
The Resolution presented reflects the current state of NISP and confirms the City Council is impartial to
the project should Council be required to act as a quasi-judicial decision making body in the future.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 257
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
Page 258
Item 19.
-1-
RESOLUTION 2024-094
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REGARDING THE CITY’S POSITION ON THE NORTHERN
INTEGRATED SUPPLY PROJECT
A. The Northern Colorado Water Conservancy District (“Northern Water”) is
pursuing the Northern Integrated Supply Project (“NISP”), a water storage and supply
project that would divert significant amounts of water from the Cache la Poudre River
upstream of Fort Collins.
B. NISP would require the construction and operation of various infrastructure.
Some of NISP’s infrastructure is planned to be located in Fort Collins’ municipal
boundaries and thus may require a “1041” permit from the City pursuant to Article 6
(Guidelines and Regulations for Areas and Activities of State Interest of the City of Fort
Collins) of the City’s Land Use Code. Proceedings for such “1041” permits are generally
described as quasi-judicial proceedings, which require, among other things, certain
standards of fairness and impartiality.
C. NISP has been involved in various federal, state, and local permitting
processes that have resulted in previous actions by City Council, including in Resolution
2008-082, Resolution 2015-082, Resolution 2017-024, Resolution 2017-073, Resolution
2018-053, Resolution 2018-093, and Resolution 2020-075. In those resolutions, City
Council has stated its position regarding NISP at that time.
D. In light of the NISP’s status and the potential that Northern Water may seek
a “1041” permit from the City, the City desires to update and clarify its position on NISP.
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 all previous Council statements regarding the City’s and Council’s
position on NISP, including such statements regarding opposition to or support of NISP,
and including such statements in Resolution 2008-082, Resolution 2015-082, Resolution
2017-024, Resolution 2017-073, Resolution 2018-053, Resolution 2018-093, and
Resolution 2020-075, are hereby rescinded.
Page 259
Item 19.
-2-
Passed and adopted on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 16, 2024
Approving Attorney: Eric Potyondy
Page 260
Item 19.
File Attachments for Item:
20. Resolution 2024-095 Expressing Opposition to a Concrete Batch Plant Proposed
within the City’s Growth Management Area.
Larimer County is processing a development application for a proposed concrete batch plant
near the intersection of Highway 287 and Terry Lake Road. Planning staff sent comments to
County Planning staff on January 29, 2024. Planning staff commented that the development
proposal does not align with the vision and plans for Fort Collins in this area. As such, Planning
staff do not support the development proposal.
On July 2, 2024, City Council discussed the development proposal during Other Business and
requested a resolution to formally express their opposition to the development project.
Page 261
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 16, 2024
AGENDA ITEM SUMMARY
City Council
STAFF
Clay Frickey, Planning Manager
SUBJECT
Resolution 2024-095 Expressing Opposition to a Concrete Batch Plant Proposed within the City’s
Growth Management Area.
EXECUTIVE SUMMARY
Larimer County is processing a development application for a proposed concrete batch plant near the
intersection of Highway 287 and Terry Lake Road. Planning staff sent comments to County Planning staff
on January 29, 2024. Planning staff commented that the development proposal does not align with the
vision and plans for Fort Collins in this area. As such, Planning staff do not support the development
proposal.
On July 2, 2024, City Council discussed the development proposal during Other Business and requested
a resolution to formally express their opposition to the development project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Larimer County is processing a development application for a proposed concrete batch plant near the
intersection of Highway 287 and Terry Lake Road. Since the property is within the City’s Growth
Management Area the City provides comments to the County on the proposed development.
City staff provided comments to the County on this development project on January 29, 2024. Staff’s
comments indicated that the proposed development does not align with the vision and plans for Fort Collins
in this area. City Plan identifies this area as being a Suburban Mixed-Use corridor. Suburban Mixed-Use
designation considers principal land use for this property to be retail, restaurants, and other commercial
services. Supporting land uses include high-density residential, entertainment, childcare centers, and other
supporting uses. Staff would consider a concrete batch plant to meet the definition of a heavy industrial
use. Heavy industrial is only permitted in the Industrial zone district in the City. Upon annexation, staff
would not assign the Industrial zone district to this property. This means that the proposal is not consistent
with the vision for the area in City Plan and Planning staff are not supportive of the proposed development.
Page 262
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Currently, County staff are collecting comments from other reviewing agencies. After collecting all
comments from outside agencies County staff will evaluate if the project is ready for hearing or if they will
need another round of review. The Board of County Commissioners is the decision maker on this project.
There is no hearing date scheduled for this project.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
Page 263
Item 20.
-1-
RESOLUTION 2024-095
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING OPPOSITION TO A CONCRETE BATCH PLANT
PROPOSED WITHIN THE CITY’S GROWTH MANAGEMENT
AREA
A. Larimer County has received a development application for a proposed
concrete batch plant located at 516 N. Highway 287 located near the intersection of
Highway 287 and Terry Lake Road.
B. The concrete batch plant is located within the City’s Growth Management
Area (“GMA”) agreed upon by the City and Larimer County.
C. The City provided written comments, attached along with a staff
memorandum to Council as Exhibit “A”, to the applicant for the concrete batch plant and
to Larimer County stating that the City does not support an on-site wastewater treatment
system for the concrete batch plant pursuant to Larimer County Land Use Code Section
4.3.5, Subsection 4 because:
1. The concrete batch plant does not achieve the land use pattern envisioned for
the portion of the GMA where the plant is proposed because it does not align
with City Plan, the City’s comprehensive plan, Our Climate Future, and the Air
Quality Plan; and
2. While the City would review whether to annex the property when it is eligible,
the presence of a concrete batch plant, a heavy industrial use within an area
envisioned for suburban mixed-uses upon annexation, weighs heavily against
annexation, or at least an annexation that does not have substantial restrictions
on the concrete batch plant with the eventual goal of eliminating the concrete
batch plant as a nonconforming use.
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. Council is opposed to the concrete batch plant within the GMA
because the impacts of the heavy industrial use and the request for an on-site wastewater
treatment system does not meet Larimer County Land Use Code Section 4.3.5,
Subsection 4, and potentially other Larimer County Land Use Code requirements City
staff may identify.
Section 2. Council directs City staff to monitor and update Council regarding
developments in Larimer County’s review of the concrete batch plant.
Section 3. Council authorizes the Mayor to send a letter to the Larimer County
Board of Commissioners expressing Council’s opposition to the concrete batch plant.
Page 264
Item 20.
-2-
Section 4. Council authorizes the City Manager or her designee to appear and
provide comments on behalf of Council in opposition to the concrete batch plant at any
related Larimer County Board of Commissioners hearing or Planning Commission
hearing.
Passed and adopted on July 16, 2024.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 16, 2024.
Approving Attorney: Brad Yatabe
Page 265
Item 20.
Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
MEMORANDUM
DATE: July 2, 2024
TO: Mayor and City Councilmembers
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director, Planning, Development & Transportation
FROM: Clay Frickey, Planning Manager, Community Development & Neighborhood
Services
RE: Update on Aragon Holdings Batch Plant Development Proposal
Purpose: The purpose of this memorandum is to update Councilmembers on the status of the
proposed Aragon Holdings Batch Plant development at 516 N. Highway 287.
Bottom Line
Staff has provided comments in accordance with our standard process. If additional action is
desired, Council may consider the following options related to the proposed Aragon Holdings
Batch Plant:
1.Pass a resolution in opposition to the project.
2.Send a letter to the County Commissioners expressing Council’s opposition to the
project.
3.Provide comment at the land use hearing expressing Council’s opposition to the project.
Background
Larimer County is processing a development application for a proposed concrete batch plant
near the intersection of Highway 287 and Terry Lake Road. Since the property is within the
City’s Growth Management Area the City provides comments to the County on the proposed
development.
City staff provided comments to the County on this development project on January 29, 2024.
Staff’s comments indicated that the proposed development does not align with the vision and
plans for Fort Collins in this area. City Plan identifies this area as being a Suburban Mixed-Use
corridor. Suburban Mixed-Use designation considers principal land use for this property to be
retail, restaurants, and other commercial services. Supporting land uses include high-density
residential, entertainment, childcare centers, and other supporting uses. Staff would consider a
concrete batch plant to meet the definition of a heavy industrial use. Heavy industrial is only
permitted in the Industrial zone district in the City. Upon annexation, staff would not assign the
Industrial zone district to this property. This means that the proposal is not consistent with the
aocupign Envelope fa: 8PaC922E-B2BC-4EBc-8c4P-E4M1AC5122A1
EXHIBIT A TO RESOLUTION 2024-095
Page 266
Item 20.
vision for the area in City Plan and Planning staff are not supportive of the proposed
development.
Currently, County staff are collecting comments from other reviewing agencies. After collecting
all comments from outside agencies County staff will evaluate if the project is ready for hearing
or if they will need another round of review.
Attachments
1.Planning comments on proposed Aragon Holdings Batch Plant
DocuSign Envelope ID: 83DC922E-B2BC-4EBF-8F43-E401AC5122A1
EXHIBIT A TO RESOLUTION 2024-095
Page 267
Item 20.
Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
MEMORANDUM
DATE: January 29, 2024
TO: Savanah Benedick-Welch, Norris Design Planner
Michael Whitley, Larimer County Senior Planner
FROM: Katelyn Puga, City Planner
CC: Clay Frickey, Planning Manager
RE: Aragon Holdings Batch Plant Letter Request
Introduction
The following memo has been prepared at the request of the applicant team for the Aragon Holdings
Batch Plant project . Larimer County Land Use Code Article 4.3.5 Wastewater Disposal, subsection 4
On-Site Wastewater Treatment Systems in the Urban Districts and GMAs , requires that proposals to
use on-site wastewater treatment systems must submit an appeal as part of their application. Because
the subject property at 516 N. Highway 287 is within the Fort Collins Growth Management Area
(GMA), the City of Fort Collins is the applicable municipality that must respond to the following
requirements of the application:
c. A letter from the applicable municipality indicating their concurrence that the
development as proposed will achieve the land use pattern envisioned for this part of the
growth management area.
d. A letter from the applicable municipality that indicates their willingness to annex the
property when it becomes eligible for annexation;
The following summary addresses sections C and D and shall serve as the letter from the applicable
municipality as specified in the Larimer County Land Use Code.
Background/Discussion
As mentioned, the proposed development of a concrete batch plant on the property at 516 Highway 287
is located within the Fort Collins GMA. The City of Fort Collins utilizes the Structure Plan as adopted in
City Plan as guidance for future land use composition and density within the Fort Collins GMA. The
property at 516 N. Highway 287 (Concrete Batch Plant) has a designation of Suburban Mixed-Use. A
Suburban Mixed-Use designation considers principal land use for this property to be retail, restaurants,
and other commercial services. Supporting land uses include high-density residential, entertainment,
childcare centers, and other supporting uses.
Structure Plan place type designations also serve to inform future zoning of properties when annexation
is proposed. The City of Fort Collins zone districts that correlate to the Suburban Mixed-Use place type
DocuSign Envelope ID: 8PDC9OOE-BOBC-4EBF-8F4P-E40NAC5NOOAN
EXHIBIT A TO RESOLUTION 2024-095
Page 268
Item 20.
Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
include various commercial zone districts exclusively. City staff would consider the function and use of
the proposed Concrete Batch Plant to correspond with a land use of heavy industrial as defined in
Division 5.1 of the City of Fort Collins Land Use Code:
Heavy industrial uses shall mean uses engaged in the basic processing and manufacturing of materials
or products predominately from extracted or raw materials, or a use engaged in storage of, or
manufacturing processes using flammable or explosive materials, or storage or manufacturing processes
that potentially involved hazardous conditions.
Heavy industry shall also mean those uses engaged in the operation, parking and maintenance of
vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste
transfer stations, recycling establishments, and transport terminals (truck terminals, public works yards,
container storage).
Heavy industrial land uses are only considered for approval on properties zoned as the Industrial Zone
District in the City. Unincorporated areas within the Fort Collins GMA that are designated as Industrial
District place types by the Structure Plan would align with the purpose of the Industrial Zone District.
Therefore, the development as proposed does not achieve the land use pattern envisioned for this part
of the GMA.
Alignment of Proposed Development with Adopted Plans and Policies
The proposed development does not align with the following adopted policies in City plans including,
but not limited to the following policies found within City Plan, Our Climate Future, and the Air Quality
Plan:
1a. CITY PLAN POLICY LIV 1.6 – ADEQUATE PUBLIC FACILITIES: Utilize the provision of public facilities and
services to direct development to desired location, in accordance with the following criteria:
- Direct development to locations where it can be adequately served by critical public facilities and
services such as water, sewer, police, transportation, schools, fire, stormwater management and
parks, in accordance with adopted levels of service for public facilities and services.
- Work with Larimer County to develop plans and policies for public services and facilities required for
new and existing development located in unincorporated areas of the GMA.
1b. City Staff Response: The City has been informed that there is no feasible public sewer connection
available to this property today. Division 3.7.3 of the Land Use Code requires that all development
provides adequate facilities to serve the property. The Land Use Code requires that adequate
wastewater service to the property is provided through the design and construction of functional mains
and stubs. The City would require adequate facilities and connection to the public sewer as prescribed in
the Land Use Code for the future annexation consideration of the property.
2a. CITY PLAN POLICY LIV 3.3 – GATEWAYS: Enhance and accentuate the community’s gateways
including Interstate 25 interchanges and College Avenue, to provide a coordinated and positive
community entrance.
2b. City Staff Response: Although the subject site remains north of city limits, its visually prominent
location on Highway 287 contributes towards the overall approach into the North College gateway. This
DocuSign Envelope ID: 8PDC9OOE-BOBC-4EBF-8F4P-E40NAC5NOOAN
EXHIBIT A TO RESOLUTION 2024-095
Page 269
Item 20.
Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
stretch of 287 from Shields continuing south into the City of Fort Collins is ultimately envisioned as a
continuous Suburban Mixed-Use District. As previously mentioned, the proposed land use would qualify
as heavy industrial and is therefore incompatible with land uses and place types envisioned in City Plan.
Subsequent passages of Policy LIV 3.3 describe supportive land uses as a factor contributing towards
gateway design elements.
3a. CITY PLAN POLICY LIV 3.6 – CONTEXT – SENSITIVE DEVELOPMENT: Ensure that all development
contributes to the positive character of the surrounding area. Building materials, architectural details,
color range, building massing, relationships to streets and sidewalks should be tailored to the
surrounding area.
3b. City Staff Response: Property within the City of Fort Collins is subject to the development standards
as required by the Land Use Code to ensure that development provides a design that is appropriate to
the context of the surrounding land uses and zone district. While this site is not incorporated into the
City yet, any improvements that would be considered in the future upon annexation would be required
to meet the standards of the Land Use Code to accomplish this policy to the maximum extent feasible.
4a. CITY PLAN POLICY LIV 4.2 – COMPATIBLITY OF ADJACENT DEVELOPMENT: Ensure that development
that occurs in adjacent districts complements and enhances the positive qualities of existing
neighborhoods.
4b. City Staff Response: Compatibility with surrounding land uses is a factor in the determination of the
Structure Plan place type designation. Adjacent properties within the Fort Collins GMA are also
designated as a Suburban Mixed-Use District and Suburban Neighborhood Districts. There is no future
industrial development planned as part of the envisioned land use pattern in the immediate vicinity.
Strategies to mitigate any incompatibility between uses would be required as part of an annexation
proposal in the future.
5a. CITY PLAN POLICY ENV 1.3 – NATURE IN THE CITY: Conserve, protect, and enhance natural resources
and high-value biological resources throughout the GMA by:
- Directing development away from natural features to the maximum extent feasible
5b. OUR CLIMATE FUTURE HNS3 – HEALTHY NATURAL SPACES: Protect and expand natural habitats as
growth occurs.
5c. City Staff Response: The property is located near several natural features as identified by the City
including Dry Creek and Terry Lake, and Great blue heron colonial nest sites. To further protect these
resources the Land Use Code requires a 100-foot natural habitat buffer zone for developments that are
proposed near natural features.
6a. AIR QUALITY PLAN POLICY ENV 4.1 PRIORITY AIR POLLUTANTS: Focus on high-priority air pollutants,
as identified in the Air Quality Plan, considering such criteria as health impacts, community concerns, air
pollution trends, compliance with current state and federal standards and ability to affect improvements
at the local level.
6b. AIR QUALITY PLAN POLICY ENV 4.2 AIR POLLUTANT SOURCES: Implement a full spectrum of options
including engagement, incentives, and regulation – that focus on prevention of air pollution at the
source.
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Planning, Development & Transportation
281 N. College Ave
PO Box 580
Fort Collins, CO 80522
www.fcgov.com
6c. City Staff Response: The City of Fort Collins prioritizes the protection of public health and the
environment through improvement of outdoor and indoor air quality. The proposed location of the
Concrete Batch Plant is adjacent to resources and residents within the City. The stockpiles of raw
material on site are incidental to the heavy industrial land use that could be a source of air pollution that
impacts the nearby community within the City and does not promote the goals adopted by the Air
Quality Plan through prevention of air pollution.
Future Annexation Eligibility
Pursuant to the Intergovernmental Agreements (IGA) between Larimer County and the City of Fort
Collins, the City agrees to consider the annexation of any parcel located within the GMA which are
eligible for voluntary annexation. If the subject property becomes eligible for annexation, the City will
abide by the guidance in the IGA and process the annexation request. An annexation proposal for a
property with a heavy industrial use would be subject to the following considerations:
a. As outlined in the first section of this letter, the anticipated Zone District for this property
would not allow this land use. The annexation of a land use that is not conforming would
lead the property to be considered a nonconforming land use upon annexation.
Nonconforming land uses are subject to limitations for site improvements. Most future
improvement would require that the site and land use be brought into compliance with the
Land Use Code.
b. The City would not accept a property that is served by a septic system and requires that
adequate public facilities be provided to the property in order to meet City standards. This
would be a consideration of the annexation and the proposal would be evaluated for
compliance with this standard.
c. The City would ensure that any risks with noise, lighting, odor, and dust created by the
Concrete Batch Plant use be mitigated as part of the annexation request and may be
incorporated into a future Annexation Agreement to ensure compliance with the City
standards.
Based on the adopted policies outlined in this letter, the development proposal for the Concrete Batch
Plant for Aragon Holdings located at 516 N. Highway 287 does not align with the vision and plans for the
City of Fort Collins at this property. The City of Fort Collins does not support an appeal to allow the
proposal to provide an on-site wastewater treatment system. Aligning future development with the
City ’s goals and plans is the utmost priority of the City of Fort Collins. Thank you for the opportunity to
review the proposal and provide comments. Please contact me if you have any questions regarding the
information provided in this memo at kpuga@fcgov.com or at 970-221-6343.
Sincerely,
Katelyn Puga, City Planner
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