HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 04/01/2025 - AMENDEDFort Collins City Council Agenda
Amended 03/31/25
Regular Meeting
6:00 p.m., Tuesday, April 1, 2025
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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City of Fort Collins Page 1 of 11 City Council Summary Agenda
City Council
Regular Meeting Agenda
April 1, 2025 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of April 13 - 19, 2025 as National Public Safety
Telecommunicators Week.
PP 2. Declaring the week of April 6 - 12, 2025 as National Library Week.
PP 3. Declaring April 2025 as Distracted Driving Awareness Month.
PP 4. Declaring April 2025 as Sexual Assault Awareness Month.
PP 5. Declaring April 2025 as Fair Housing Month.
REGULAR MEETING
6:00 PM
AMENDED 3/31/25
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
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G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments
on a particular agenda item during general public comment, that speaker will not also be entitled
to speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain
and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the March 18, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the March 18, 2025 Regular meeting.
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2. Second Reading of Ordinance No. 041, 2025, Reappropriating Funds Previously
Appropriated in 2024 But Not Expended and Not Encumbered in 2024.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, reappropriates
monies in 2025 that were previously authorized by City Council for expenditures in 2024 for
various purposes. The authorized expenditures were not spent or could not be encumbered in
2024 because:
• There was not sufficient time to complete bidding in 2024 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies; or
• The project for which the dollars were originally appropriated by Council could not be completed
during 2024 and reappropriation of those dollars is necessary for completion of the project in
2025.
Additionally, there may have been sufficient unspent dollars previously appropriated in 2024 to
carry on programs, services, and facility improvements in 2025 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2024 and reflect no change in Council policies.
3. Second Reading of Ordinance No. 042, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers Related to 49 U.S.C. § 5339(b) Program Funding for Accessibility
Enhancements to the Transit System.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports Transfort in
enhancing accessibility throughout the Transfort system by:
• Appropriating $2,411,550 in unanticipated grant revenue awarded to Transfort by the Federal
Transit Administration (FTA);
• Transferring $222,450 from the Community Capital Improvement Program (CCIP) Bus Stop
Improvements to the Transit Service Fund where it will serve as local match for federal grant
funding; and
• Appropriating a development contribution to construction of $193,000 from CSU’s Alternative
Transportation Fee Advisory Board (ATFAB) to serve as local match for federal grant funding.
Transfort secured $2,411,550 in competitive grant funding from the FTA to enhance accessibility
and improve transit infrastructure, ensuring compliance with the Americans with Disabilities Act
of 1990 (ADA) throughout the Transfort system. These improvements align with the City’s
commitment to providing equitable, accessible, and inclusive transit services for all community
members.
4. Second Reading of Ordinance No. 043, 2025, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, requests an
appropriation of $26,632 in philanthropic revenue received by City Give. These miscellaneous
gifts to various City departments support a variety of programs and services and are aligned with
both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
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5. Second Reading of Ordinance No. 044, 2025, Appropriating Prior Year Reserves in the
General Fund for Electric Vehicle Infrastructure Cost-sharing Fee Credits for Affordable
Housing.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, continues funding for
the pilot program providing Electrical Vehicle (EV) Infrastructure Offset Fee Credits for qualifying
affordable housing projects. Originally, Council appropriated $238,000 in 2022 and the balance
of the funds were reappropriated in the 2023 and 2024 Reappropriation Ordinances. This item
requests a supplemental appropriation for the remaining balance of $200,000 to continue the pilot
program.
6. Second Reading of Ordinance No. 045, 2025, Making Supplemental Appropriation and
Authorizing Transfer of Appropriation Related to FASTER Transit Program Funding for the
FLEX Regional Route Operating Costs.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports operating
expenses for Transfort’s commuter FLEX Regional Routes by:
1) Appropriating $300,000 in unanticipated grant revenue awarded to Transfort by the Colorado
Department of Transportation (CDOT) through its Fiscal Year 2024 (FY24) Funding
Advancements for Surface Transportation and Economic Recovery Act of 2009 (FASTER) Transit
Grant Program; and
2) Transferring $300,000 of previously appropriated Transfort operational funds to meet the local
match requirement for the FY24 FASTER grant.
7. Second Reading of Ordinance No. 046, 2025, Making a Supplemental Appropriation of
Multimodal Transportation and Mitigations Options Fund Grant Revenue for the Foothills
Transit Station Project.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, appropriates
unanticipated grant revenue awarded to Transfort by the North Front Range Metropolitan
Planning Organization (NFRMPO). Transfort secured $317,669 in discretionary state grant
funding to construct the Foothills Transit Station and Roundabout, including design, electrical,
right-of-way (ROW) acquisition costs, and related expenses, at the intersection of Overland Trail
and West Elizabeth Street adjacent to Colorado State University’s (CSU) Foothills Cam pus. The
Foothills Transit Station will serve as the western terminus for multiple local and regional routes
as well as the future West Elizabeth Bus Rapid Transit (BRT) line.
8. Second Reading of Ordinance No. 047, 2025, Appropriating Prior Year Reserves in the
Parking Fund for Hourly Expenses.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, appropriates prior
year reserves from the Parking Fund to support 2025 hourly salaries.
9. Second Reading of Ordinance No. 048, 2025, Making a Supplemental Appropriation for the
Carpenter and Timberline Intersection Project.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, enables the City to
receive and expend Federal funds for the Carpenter and Timberline Intersection project (Project).
The funds will be used for design and construction of improvements at the intersection of
Carpenter Road and Timberline Road. If adopted, the item will appropriate $2,082,608 of Highway
Safety Improvement Program (HSIP) grant funds to the Project. Resolution 2025-015 was
adopted on March 18, 2025, authorizing the Mayor to execute an amendment to the
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Intergovernmental Agreement (IGA) for the Project with Colorado Department of Transportation
(CDOT).
The Project will not appropriate any money to the Art in Public Places Program as the Project is
100% grant funded at this time.
10. Second Reading of Ordinance No. 049, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers to be Used as Local Match for Carbon Reduction Program Funding
for ADA Bus Stop Improvements Projects.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports Transfort in
enhancing accessibility at bus stops in Transfort’s service area.
The City was awarded $538,447 in Carbon Reduction Program (CRP) grant funds from the
Colorado Department of Transportation (CDOT) in support of Transfort performing bus stop
improvements along Regionally Significant Corridors. The awarded funds and required local
match of $111,930 will support design, right-of-way (ROW) acquisition, the construction of
concrete pads, and the installation of amenities such as shelters, benches, bike racks, and trash
cans.
Approval of this item would support the City in enhancing accessibility at Transfort bus stops by
transferring $100,000 from the Community Capital Improvement Program Fund (CCIP) to the
Transit Services Fund for ADA Bus Stop Improvements Projects where it will serve as local match
for previously appropriated CRP Grant Funds. Resolution 2025-016 was adopted on March 18,
2025, authorizing the Mayor to execute an Intergovernmental Agreement (IGA) with CDOT which
will result in the receipt by Transfort of $538,447 in CRP grant funds for fiscal year (FY) 2025.
11. Second Reading of Ordinance No. 050, 2025, Amending Section 9-4 of the Code of the City
of Fort Collins for the Purpose of Clarifying Enforcement of Open Fire and Burning
Restrictions.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, amends the
enforcement and penalty provision under City Code Section 9-4 to clarify that it applies to all
violations under Chapter 9, including violations of the Open Fire and Burning Restrictions.
12. Second Reading of Ordinance No. 052, 2025, Amending the Boundary of the Willard and
Gladys Eddy House and Shared Barn, 509 Remington Street, Fort Collins, Colorado, a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, seeks an
amendment, as requested by the property owners of 509 Remington Street, to the Landmark
boundary listed in the designation ordinance of the property to more accurately reflect its legal
description. The lot line modification was recorded with Larimer County in 2024. After review and
consideration of the proposal at their February 19, 2025 hearing, the Historic Preservation
Commission (HPC) recommended through HPC Resolution 1, 2025, that Council approve the
Ordinance amending the Landmark boundary.
13. Second Reading of Ordinance No. 053, 2025, Amending the Boundary and Landmark Name
of the Fred W. Stover House and Garage, 515 Remington Street, Fort Collins, Colorado, a
Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, seeks an
amendment, as requested by the property owners of 515 Remington Street, a City Landmark
designated in 1997, to the Landmark boundary and title listed in the designation ordinance of their
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property to more accurately reflect its legal description. The lot line modification was recorded
with Larimer County in 2024, and the barn that was shared between 515 and 509 Remington
Street was relocated entirely within the 509 Remington Street parcel. After review and
consideration of the proposal at their February 19, 2025, hearing, the Historic Preservation
Commission (HPC) recommended through HPC Resolution 1, 2025, that Council approve the
Ordinance amending the boundary and the name of the Landmark.
14. First Reading of Ordinance No. 054, 2025, Making a Supplemental Appropriation of Funds
Received from the Colorado Department of Local Affairs Gray and Black-Market Marijuana
Enforcement Grant Program for the Fort Collins Police Services Marijuana Enforcement
Program.
The purpose of this item is to support Fort Collins Police Services’ Marijuana Enforcement
Program in investigating gray and black-market marijuana cases by appropriating $39,500 of
unanticipated grant revenue from the Colorado Department of Local Affairs (DOLA), Gray and
Black-Market Marijuana Enforcement.
15. First Reading of Ordinance No. 055, 2025, Appropriating Prior Year Reserves Received
Through City Give for the Payment Assistance Fund as Designated by the Donors.
The purpose of this item is to request an appropriation of $443,600 in philanthropic revenue
received through City Give. These gifts to the Utilities Payment Program account (the “Payment
Assistance Fund”) established in Section 26-722 of the Code, align with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
16. First Reading of Ordinance No. 056, 2025, Appropriating Philanthropic Revenue Received
Through City Give for the Pottery Studio, Recreation, Community Services as Designated
by the Donor.
The purpose of this item is to request an appropriation of $550,924.99 in philanthropic revenue
received through City Give. These estate gifts to the Pottery Studio align with both the City’s
strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
17. First Reading of Ordinance No. 057, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Department of Local Affairs for the Fort Collins Police Services’
Office of Human Services.
The purpose of this item is to appropriate $100,000 in unanticipated revenue awarded to the City
from the Colorado Department of Local Affairs (DOLA) FY2024-2025 Peace Officers Behavioral
Health Support and Community Partnerships Grant Program in support of Police Services Office
of Human Services.
The funds will be used to hire a contractual Police Mental Health Counselor to support police
employees and their family members with addressing behavioral health issues that arise. A range
of services will be provided, including counseling for officers and family members for job-related
trauma, and training and education programs on preventing and treating job-related trauma.
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As presented per Attachment 3, there is no requirement that the City sign an agreement for the
award. Rather upon the City submitting the first request for reimbursement, the City agrees to all
terms and conditions of the award.
18. First Reading of Ordinance No. 058, 2025, Authorizing Transfers of Appropriations from
Broadband Operating Funds to Capital Project Accounts.
The purpose of this item is to transfer monies that were previously appropriated by City Council
as 2025 Broadband operating fund expenses to Broadband capital projects. The previously
authorized operating expenditures are not expected to be spent in 2025 because:
- Connexion video product sales have slowed and related appropriated costs will not be fully
expended in 2025.
- Marketing budget, after review, has sufficient underspend expected in 2025.
- Other operating efficiencies exist resulting in additional expected underspend in 2025.
Staff recommends transfer of the total unencumbered and unspent budget appropriations to
Broadband capital projects for the purpose of funding additional installations resulting from
increased customer sign-ups.
19. Items Relating to the Willow Street Improvements – Linden Street to Lincoln Avenue
Project.
A. Resolution 2025-042 Authorizing the Execution of an Intergovernmental Agreement Regarding
a Grant of Funds for the Second Phase of the Willow Street Improvements Project Between the
City of Fort Collins and the Downtown Development Authority for the Willow Street Improvements
– Linden Street to Lincoln Avenue Project.
B. First Reading of Ordinance No. 059, 2025, Making Supplemental Appropriations from Grant
Revenue and Authorizing Transfers of Appropriations for the Willow Street Improvements –
Linden Street to Lincoln Avenue Project and Related Art in Public Places.
The purpose of these items is to enable the City to receive and expend Downtown Development
Authority (DDA) grant funds for the Willow Street Improvements – Linden Street to Lincoln Avenue
project (Project). The funds will be used for design and right-of-way acquisition for improvements
along Willow Street between Linden Street and Lincoln Avenue. If approved, the item will: 1)
authorize the Mayor to execute an Intergovernmental Agreement (IGA) for the Project with the
DDA; 2) transfer $70,000 from existing funds for the Willow Street Improvements project west of
Linden Street to the Project; 3) appropriate $180,000 of DDA grant funds to the Project; 4)
appropriate $1,800 of Transportation Services Fund reserves to the Project; and 5) appropriate
$1,800 (1%) of the DDA grant funds to the Art in Public Places (APP) program.
20. Items Relating to Code Updates for Water Utility Fees.
A. First Reading of Ordinance No. 060, 2025, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Fees When a Single Water Service for a Duplex is Split Between the Two
Dwelling Units.
B. First Reading of Ordinance No. 061, 2025, Amending Chapter 26-148 of the Code of the City
of Fort Collins to Revise the Water Supply Requirement for Residential Lots.
The purpose of these items is to ensure that new or expanded water service connections
contribute to system capacity costs.
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21. First Reading of Ordinance No. 062, 2025, Amending Sections 12-29 and 12-30 of the Code
of the City of Fort Collins to Update the Residential Waste Collection Program.
The purpose of this item is to update the City Code to modify the Contracted Residential Waste
Collection Program and include additional variance and exclusion options that were not originally
anticipated.
22. Resolution 2025-043 Approving the Design, Creation and Installation of Public Art at
Schoolside Park.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission an artist to create art for the Schoolside Park Project. The expenditure of
$45,000 will be for design, engineering, materials, signage, fabrication, delivery, installation, and
contingency for Gregory Fields to create the artworks for the Schoolside Park Project.
23. Resolution 2025-044, Authorizing the Amendment of an Intergovernmental Agreement
Between the City of Fort Collins and the U.S. Department of Transportation for
Implementation of a Smart Grid Electric Vehicle Charge Management Solution.
The purpose of this item is for Council to ratify the Mayor having signed an Amendment to the
Intergovernmental Agreement (IGA) between the City and the Department of Transportation
(DOT) to extend the expiration date of the IGA. Notwithstanding the City meeting all required
milestones of the project also known as Stage 1 SMART grid project, the DOT and City agreed
to extend the project to September 15, 2025, from an original end date of March 15, 2025. The
basis of extending the term to September 15, 2025, is to support a smooth transition to the Stage
2 SMART grid project.
The City received an award from DOT for $11.7 million in support of the Stage 2 SMART grid
project. The City and DOT are currently working on finalizing scope of work, budget and period of
performance that will be incorporated into a proposed IGA between the City and DOT.
24. Resolution 2025-045 Authorizing Respite Care Inc. to Retain Community Development
Block Grant Funding to Apply Towards a New Public Facility.
The purpose of this item is to obtain authorization from Council to allow Respite Care to sell their
current building located at 6203 S. Lemay Ave, which was improved with $72,700 in Community
Development Block Grant funding, and to retain the funding provided by the City to re-invest in a
new public facility. These funds were provided as a Due on Sale Loan, which triggers repayment
upon the sale of the existing building. Approval by Council is required to allow Respite Care to
transfer the funding to a new building.
25. Resolution 2025-046 Ratifying the Reappointment of Rick Rivera to the Poudre River Public
Library District Board of Trustees.
The purpose of this item is to fill an existing vacancy on the Poudre River Public Library District
Board of Trustees.
26. Resolution 2025-047 Making an Appointment to the Air Quality Advisory Board.
The purpose of this item is to fill a vacancy on the Air Quality Advisory Board.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
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K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
27. Second Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the City
of Fort Collins for the Purpose of Repealing the 2021 International Fire Code and Adopting
the 2024 International Fire Code, with Amendments.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, repeals the 2021
International Fire Code and adopts the 2024 International Fire Code (IFC) with local amendments.
The International Code Council (ICC) publishes Code updates every three years. The Poudre Fire
Authority (PFA) Board of Directors has reviewed and approved this Code package and is
requesting the Code be adopted as amended.
Since this Ordinance was adopted on First Reading, staff has identified concerns with
delegating the City’s authority to hear appeals of decisions of the Fire Code Official to PFA.
Additionally, staff has researched and confirmed that City Code Section 9-3 is no longer in
use and is a carryover from the City’s early fire codes, and it should be deleted. As a result,
staff is requesting that Council move to amend the Ordinance on Second Reading to
maintain the Building Review Commission as the Fire Board of Appeals and to repeal
Section 9-3 in the manner described below.
Regardless of whether Council chooses to amend this Ordinance as requested, additional Code
changes will be necessary to clean up Fire Code references in other parts of the Code, which
staff will bring forward at a later date.
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28. Items Relating to City Charter Amendments.
This item has been amended to include an updated presentation to Council.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 063, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Articles II, IX, and X of the City
Charter to Correct Errors and Conform to Amendments Adopted in November 2024.
C. First Reading of Ordinance No. 064, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Articles II, IV and XIII of the
City Charter Related to Alignment with Amended or Further Developed Laws and Removing
Inconsistencies.
D. First Reading of Ordinance No. 065, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins A Proposed Charter Amendment Amending Articles II and IV of the City
Charter to Modernize Certain Provisions.
E. First Reading of Ordinance No. 066, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Article IV of the City Charter
Related to Conflicts of Interest.
F. First Reading of Ordinance No. 067, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending the City Charter to Modernize
and Update It by Reformatting and Updating Language Usage for Ease of Reading and Clarity
and Eliminating Inapplicable and Invalid Provisions.
G. First Reading of Ordinance No. 068, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Sections 1 and 18 of Article II
of the City Charter Related to Vacancies and Application of Term Limits to Partial Terms.
The purpose of these items is to set ballot language regarding proposed amendments resulting
from the Charter Update Project and submit them to the voters at the November 4, 2025, election.
The ordinances do not include amendment numbers. The Council will establish the order of the
amendments to be presented on the ballot by motion during the April 15 Council meeting and the
ordinance titles will be adjusted based on the order.
Any protest of the proposed ballot language must be received no later than Monday, March 31,
2025, 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.
29. Items Relating to the 2025 Coordinated Election.
A. Resolution 2025-048 Approving an Intergovernmental Agreement with Larimer County and
Directing Certification of Ballot Content for the 2025 Coordinated Election.
B. First Reading of Ordinance No. 069, 2025, Appropriating Prior Year Reserves in the General
Fund to Cover the Anticipated Costs of the 2025 Regular Municipal Election and to Fund
Additional Campaign Oversight.
Page 10
City of Fort Collins Page 11 of 11
The purpose of these items is to authorize the City Manager to enter into an Intergovernmental
Agreement (IGA) with Larimer County for the conduct of the 2025 November coordinated election,
and to direct the City Clerk to certify ballot content to the County no later than September 5, 2025.
Both of these actions are required by State statute for the City to coordinate its regular municipal
election with the County. Additionally, this Ordinance will authorize an additional appropriation to
cover the anticipated costs of the election based on an estimate provided by Larimer County and
will approve funding for campaign oversight based on a recommendation from the City’s Election
Code Committee.
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.)
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.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
Page 11
File Attachments for Item:
PP 1. Declaring the Week of April 13 - 19, 2025 as National Public Safety
Telecommunicators Week.
Page 12
PROCLAMATION
WHEREAS, emergencies can occur at any time that require police, fire or emergency medical
services; and
WHEREAS, when an emergency occurs the prompt response of police officers, firefighters
and paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers, firefighters and paramedics is dependent upon
the quality and accuracy of information obtained from citizens who telephone the Fort Collins 911
emergency communications center; and
WHEREAS, Public Safety Telecommunicators are the first and most critical contact our
citizens have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers,
firefighters and paramedics by monitoring their activities by radio, providing them information and
ensuring their safety; and
WHEREAS, Public Safety Telecommunicators of Fort Collins 911 have contributed
substantially to the apprehension of criminals, suppression of fires and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism
during the performance of their job in the past year.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim
the week of April 13-19, 2025, to be
NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
in honor of the men and women whose diligence and professionalism keep our city and citizens safe.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 13
Item PP 1.
File Attachments for Item:
PP 2. Declaring the week of April 6 - 12, 2025 as National Library Week.
Page 14
PROCLAMATION
WHEREAS, libraries spark creativity, fuel imagination, and inspire lifelong learning,
offering a space where individuals of all ages can explore new ideas and new possibilities; and
WHEREAS, libraries like Berthoud Community Library, Estes Valley Library, Loveland
Public Library, Poudre Libraries, Red Feather Lakes Community Library, and Wellington Public
Library serve as vibrant community hubs; and
WHEREAS, libraries provide free, equitable access to books, digital tools, and innovative
programming, ensuring that all, regardless of background, have the support they need to learn,
connect, and thrive; and
WHEREAS, libraries partner with schools, businesses, and organizations, connecting the
dots to maximize resources, increase efficiency, and expand access to essential services,
strengthening the entire community; and
WHEREAS, libraries empower job seekers, entrepreneurs, and lifelong learners by
providing access to resources and opportunities that support career and economic growth; and
WHEREAS, libraries nurture young minds through storytimes, STEM programs, and
literacy initiatives, fostering curiosity and a love of learning that lasts a lifetime; and
WHEREAS, libraries protect the right to read, think, and explore without censorship,
standing as champions of intellectual freedom and free expression; and
WHEREAS, dedicated librarians and library workers provide welcoming spaces that
inspire discovery, collaboration, and creativity for all, and are joining together across Larimer
County to celebrate National Library Week under the theme “Drawn to the Library”.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim April 6–12, 2025, as
NATIONAL LIBRARY WEEK
I encourage all residents to visit their local library, explore its resources, and celebrate all the ways
that the library draws us together as a community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 15
Item PP 2.
File Attachments for Item:
PP 3. Declaring April 2025 as Distracted Driving Awareness Month.
Page 16
PROCLAMATION
WHEREAS, April is Distracted Driving Awareness Month and pedestrians, vehicle
occupants, children, first responders, and cyclists have all been injured or even killed by distracted
driving in our community. These are preventable deaths and 83 people have been killed in crashes
involving a motor vehicle on Colorado public roadways in 2025 and the total in 2024 was 687,
and;
WHEREAS, the National Highway Traffic Safety Administration has called distracted
driving a deadly epidemic citing cell phone use — specifically, texting, talking, and social media
use — as the most common distraction; and
WHEREAS, a woman was recently convicted of careless driving and sentenced to one
year in jail for striking and killing a 10-year-old-cyclist in Timnath, this issue is all too real; and
WHEREAS, first responders see this firsthand every day whether a firefighter seeing
someone text and drive alongside the engine, an ambulance driver navigating to an emergency
around completely unaware drivers, or a police officer dodging a vehicle as it speeds through a
scene, this creates risks and delays help when seconds matter; and
WHEREAS, a Colorado law went into effect on Jan. 1, 2025, that prohibits drivers from
using a mobile electronic device while driving, though hands-free accessories are still permitted;
and
WHEREAS, Poudre Fire Authority, first responders, cyclists, and parents everywhere, are
asking you to 1) Pull to the right for sirens and lights and 2) Keep your hands on the wheel, not on
your phone.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the month of April 2025 as
DISTRACTED DRIVING AWARENESS MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April 2025.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Page 17
Item PP 3.
File Attachments for Item:
PP 4. Declaring April 2025 as Sexual Assault Awareness Month.
Page 18
PROCLAMATION
WHEREAS, sexual violence - assault, harassment, and abuse - is a life-changing trauma
that impacts every community and disproportionately impacts marginalized communities. Sexual
Assault Awareness Month aims to raise public awareness, prevent sexual violence, and support
the survivors and victims on their journey to healing; and
WHEREAS, over 53% of women, over 29% of men, and 47% of all transgender people
reported experiencing sexual violence sometime in their lifetime; and
WHEREAS, the majority of people, across all sexual identities, who reported experiencing
sexual violence, reported that the person who harmed them was someone they knew; and
WHEREAS, trauma can be compounded by institutional and cultural perceptions that
blame survivors rather than meeting them in their journey to healing and justice; and
WHEREAS, our communities will be safer and stronger by making them more equitable
for people regardless of age, sex, race, ability, religion, immigration status, criminal record, and
socio-economic status; and
WHEREAS, we strive to create strong, connected, informed, and safe communities that
care for one another and make decisions to ensure others well-being to end sexual violence; and
WHEREAS, the City of Fort Collins recognizes the strength and resilience of survivors
and victims, the perseverance of advocates, and the dedication of the professionals and community
advocates who support those who have experienced sexual violence.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the month of April 2025 as
SEXUAL ASSAULT AWARENESS MONTH
and call upon all community members to believe survivors, protect our neighbors, and
acknowledge the disproportionate harm that affects the most marginalized populations.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of April 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 19
Item PP 4.
File Attachments for Item:
PP 5. Declaring April 2025 as Fair Housing Month.
Page 20
PROCLAMATION
WHEREAS, Title VIII of the Civil Rights Act, which guarantees fair housing for all residents
of the United States, was signed into law in April 1968; and
WHEREAS, the month of April is nationally recognized as Fair Housing Month as a time to
reflect on and reaffirm our national commitment to the ideal that fair housing opportunity is available to
everyone in the United States without regard to race, color, religion, national origin, sex, familial status
and disability; and
WHEREAS, this year celebrates the 57th anniversary of the Fair Housing Act and reflects on
our current efforts to foster sustainable, inclusive communities of opportunity for all; and
WHEREAS, on April 10, 1959, the State of Colorado was the first state in the U.S to pass fair
housing laws, preceding the federal Fair Housing Act by nearly a decade; and
WHEREAS, the City of Fort Collins City Code prohibits discriminatory housing practices; and
WHEREAS, the City welcomes this opportunity to acknowledge our many community partners
who are committed to addressing barriers to fair housing choice and educating all citizens concerning
their rights regarding equal housing opportunity; and
WHEREAS, this year, those partners are represented by the Colorado Poverty Law Project ,
which provides free legal services to residents facing eviction, including individuals and families facing
unlawful housing practices based on disability, source of income, immigration status and other federal
and state protections. With the support of the City’s Eviction Legal Fund, the Colorado Poverty Law
Project helped more than 1200 low-income and cost-burdened Fort Collins residents preserve their
housing stability over the last twenty months. It is estimated that every dollar spent on eviction
prevention saves $29 in costs to support families experiencing homelessness.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the
month of April 2025 as
FAIR HOUSING MONTH
and that every person should live free from the fear of housing discrimination.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 1st day of April, 2025.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
Page 21
Item PP 5.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the March 18, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the March 18, 2025 Regular meeting.
Page 22
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the March 18, 2025 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the March 18, 2025 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, March 18, 2025
Page 23
Item 1.
City of Fort Collins City Council Proceedings Page 1
March 18, 2025
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
None scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Kelly Ohlson
ABSENT
Councilmember Melanie Potyondy
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
No changes to the published agenda.
Items 1-24 on the Consent Calendar are recommended for adoption unless pulled for Discussion.
Staff Report to provide an update on the impact of the federal landscape on the City.
Page 24
Item 1.
March 18, 2025
City of Fort Collins City Council Proceedings Page 2
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.)
Joanne Hawley supported finding ways to allow more ADUs in Fort Collins. She stated her husband
just lost his job and they want to be able to convert their basement to an ADU to help ensure they would
be able to stay in their home. She stated this option will not only provide additional affordable housing
for others but will also help keep people in their homes and support State affordable housing laws.
Peter Erickson discussed Matthew Shepherd, a 21-year-old, who was beaten and left for dead on the
side of the road in Laramie, Wyoming, and who later died after being helicoptered to Fort Collins. He
stated that there were no gay bars in Wyoming leading Shepard to come to Fort Collins, which was a
refuge. He commented on the importance of affordable housing in Fort Collins so it can remain a place
of refuge. He questioned what it would take to fully fund affordable housing in Fort Collins.
Kristina spoke in favor of affordable housing and increased housing density. She asked that parking
minimum mandates as part of development be removed and stated more support for denser housing
can help shift transportation to active modes.
Matthew Behunin discussed parking in Old Town and noted the City owns about 5.5 acres of surface
parking lots within about a quarter mile of Mountain and College. For comparison, he stated the
pedestrian area of Old Town Square is about ¼ of an acre and undeveloped land is valued at $3 million
per acre in the downtown area. He encouraged the City to prioritize the use of that land in ways that
are more beneficial than parking lots to help provide affordable housing. Behunin also requested that
parking minimum mandates as part of development be removed.
Jackson Wagner noted how much he and his family love Fort Collins and stated they are lucky to be
able to own a house here. However, he noted he has friends who cannot afford to live here and have
been dissuaded from having children due to that. He encouraged the City to find ways to increase the
stock of affordable housing and thanked Council for what it has done to enable new types of housing
to be built. Wagner also concurred that utilizing downtown parking lots for housing would be beneficial
as would speeding up the development process.
Debra James spoke in support of Beaver’s Market and noted she has been a regular customer and an
employee. She stated Beaver’s is now for sale which was a surprise to staff and customers. She
urged Council to find a way to keep this as a grocery store and noted in the 15-minute City vision one
of the important destinations is a grocery store. She noted she had started a petition for people to sign
in support of keeping the store in its location.
David Scott stated most people can agree that everyone deserves safe and stable housing, which is
not something the City can provide at this point. He stated he has worked with hundreds of people in
the community and housing is the primary concern for the majority of them. Scott commented on the
detrimental effects of unstable housing on people’s physical and mental health. He urged Fort Collins
to continue to prioritize housing in the community.
Jared McGlothlin spoke about housing issues and urged Council to find ways to provide more
affordable housing. He also encouraged the City to use its property downtown, especially parking lots,
for affordable housing. He also spoke in support of HB-1273 which would alter the building code to
legalize 5-story apartments with a single stairway. He requested more resources to be put toward
building affordable housing and for making changes to processes that would speed up the development
process. He noted the hardship that lack of housing creates for students and asked for the City to
partner with CSU on these efforts.
Page 25
Item 1.
March 18, 2025
City of Fort Collins City Council Proceedings Page 3
Nicholas Sahwin spoke in support of the Connection Workers Coalition and spoke about the need for
municipal unions. He asked for a clearly defined and fair process whereby these can be recognized
by the City Manager. He stated it currently appears the City Manager has a process for refusing to
recognize them and stated that the passage of PROPWA meant this conversation was bound to arise.
Additionally, Sahwin stated the issue goes hand in hand with affordable housing as having a union
would help its members bargain for higher wages to help people afford homes in the communities they
serve. He urged Council to listen to the people who are providing suggestions related to the union and
affordable housing and to put some of these items in place.
Gabrielle Friesen requested Council ask the City Manager to recognize the Connexion Workers
Coalition. She stated her family was able to immigrate to the United States due to her grandmother’s
involvement as a union leader in her country and she can now pay for her apartment and medical bills
because of her union involvement. Friesen noted she is not in a union and fears being priced out of
her current home. She stated unions, housing, and labor rights are tied together and she urged Council
to allow municipal workers a method to unionize and to examine additional affordable housing options.
Adam Hirschhorn stated it is his intention to run for Mayor of Fort Collins as he sees himself as a
problem and a problem solver. He stated municipal workers built this city and he plays for the home
team. He discussed things he would implement if elected, including a poker night to bring major players
to the table to help solve the issues facing the city. Additionally, he stated he would recognize the
Connexion Workers Union immediately and would ultimately allow all municipal workers to unionize.
He stated there would be closer scrutiny on incentives and double dipping would cease. He stated he
is the person the City needs at this point in time.
Tyler Bigler stated he is a fan of Beaver’s grocery store and encouraged the City to become a housing-
ready city by adopting specific policies to remove barriers that prevent additional housing from being
built. He stated Fort Collins historically embodied these housing principles which are visible in Old
Town’s walkable streets, diverse housing types, and human-scale mixed-use neighborhoods. He
suggested allowing single-family homes to be converted to duplexes or triplexes, simplifying the zoning
codes to allow for additional housing to be constructed, permitting backyard cottages in all residential
zones, legalizing starter homes in all residential areas, eliminating lot size requirements, repealing
parking mandates, and streamlining the development review process.
Charles Shobe thanked the City for following State law by removing the City’s parking mandates for
new multi-family housing and requested it consider doing so for commercial and mixed-use buildings
as well. He stated requiring dedicated parking in excess of what businesses and mixed-use
developments might need bundles the cost of that excess parking into the price of the goods and
services those businesses provide and incentivizes car dependency. He stated removing the parking
mandates will reduce the price of goods and services and will reduce the cost of housing by enabling
the conversion of land from parking to housing.
Joe Rowan encouraged Council to think boldly about housing as part of the renewal of the capital
improvement tax and stated something radically different needs to be done to address housing. He
questioned how the cost curve for all housing in the community could be bent and noted the Fort Collins
Chamber had its initial working group meet today to discuss a proposal it will bring forward to Council.
Kimberly Conner noted the cease fire in Gaza came to an end yesterday and the genocide resumed.
She stated there has been a block of food and water to the Palestinian people over the past two weeks.
She stated President Trump has discussed removing Palestinians from the area to create a riviera
resort and stated that this is the definition of ethnic cleansing. Conner commented on a student activist
and others who are being removed from the United States and stated supporting Israel makes us all
guilty. She urged Council to take action to help our community and resist the federal government by
supporting a ceasefire resolution and arms embargo.
Page 26
Item 1.
March 18, 2025
City of Fort Collins City Council Proceedings Page 4
Public comment concluded at 6:36 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Mayor Arndt thanked Debra James for her comments and concurred Beaver’s Market does exemplify
a component of the 15-minute city. Additionally, she thanked Matthew Behunin for his comments.
Councilmember Pignataro thanked those who spoke and noted housing is the topic of next week’s
work session.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson withdrew Item No. 19, First Reading of Ordinance No. 052, 2025, Amending
the Boundary of the Willard and Gladys Eddy House and Shared Barn, 509 Remington Street, Fort
Collins, Colorado, a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins, from the Consent Calendar to ask about the movement of the barn to one lot given historic
context.
Mayor Arndt withdrew Item Nos. 17, First Reading of Ordinance No. 050, 2025, Amending Section 9-
4 of the Code of the City of Fort Collins for the Purpose of Clarifying Enforcement of Open Fire and
Burning Restrictions, and 18, First Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the
Code of the City of Fort Collins for the Purpose of Repealing the 2021 International Fire Code and
Adopting the 2024 International Fire Code, with Amendments, from the Consent Calendar due to a
request from community members and to ask follow-up questions of Poudre Fire Authority.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the March 4, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the March 4, 2025 Regular meeting.
Approved.
2. Second Reading of Ordinance No. 026, 2025, Declaring a Portion of City-Owned Property
at Pelican Marsh Natural Area as Public Right-of-Way.
This Ordinance, unanimously adopted on First Reading on March 4, 2025, declares approximately
0.073 acres of Pelican Marsh Natural Area as Right-of-Way (ROW) for the US 287 and Triangle
Drive Signal Installation (Project).
The Project would install a new traffic signal, perform utility relocations, and make active modes
improvements at the intersection of US 287 and Triangle Drive. The Project would also stripe
existing pavement for a northbound left and southbound right turn lanes onto Triangle Drive from
US 287. All active modes improvements will meet Americans with Disabilities Act (ADA)
requirements and provide pedestrian and bicycle connections between the Ridgewood Hills and
Shenandoah neighborhoods west of US 287 to the Lakeview on the Rise Subdivision east of US
287. Pursuant to the Natural Areas Easement Policy (adopted by Council in 2012), adjustments
were made to the proposal to minimize impacts to the natural resources, and Engineering will
compensate Natural Areas for the property rights (including right of way) needed for the Project.
Adopted on Second Reading.
Page 27
Item 1.
March 18, 2025
City of Fort Collins City Council Proceedings Page 5
3. Items Relating to Development Contributions to Construction from The Landing at Lemay
Development.
A. Second Reading of Ordinance No. 034, 2025, Appropriating a Development Contribution to
Construction and Authorizing Transfers of Appropriations for the Cordova Road Corridor Project
and Related Art in Public Places.
B. Second Reading of Ordinance No. 035, 2025, Appropriating a Development Contribution to
Construction and Authorizing Transfers of Appropriations for the Vine and Lemay BNSF Overpass
Project and Related Art in Public Places.
These Ordinances, unanimously adopted on First Reading on March 4, 2025, appropriate
development contributions from The Landing at Lemay development project to the Cordova Road
Corridor (Cordova) and Vine and Lemay BNSF Overpass (Vine/Lemay) capital projects. If
approved, this item will: 1) appropriate $226,564 received in 2025 from The Landing at Lemay as
a development contribution to construction by an adjacent development to the Cordova project;
2) appropriate $2,266 (1%) of the development contribution to construction to the Art in Public
Places (APP) program; 3) appropriate $290,163 received in 2025 from The Landing at Lemay as
a development contribution to construction by an adjacent development to the Vine/Lemay
project; and 4) appropriate $2,902 (1%) of the development contribution to construction to the Art
in Public Places (APP) program. This item also apprises Council of the transfer of $7,941 (3% of
$264,708) to the Transportation Capital Expansion Fee (TCEF) reserves fund for administering a
Landing at Lemay payment to Capstone Cottages, Capstone Collegiate Communities – Fort
Collins LLC.
Both Ordinances Adopted on Second Reading.
4. Second Reading of Ordinance No. 036, 2025, Appropriating a Development Contribution to
Construction and Authorizing Transfers of Appropriations for the College Avenue-Drake
Road Intersection Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on March 4, 2025, appropriates a
development contribution for construction from the King Soopers 146 – Midtown Gardens
Marketplace Development to the College Avenue-Drake Road Intersection Improvements project
(Project). The funds will be used for design services. If approved, this item will: 1) appropriate
$100,265 received in 2025 as a development contribution to construction by an adjacent
development and 2) appropriate $1,003 (1%) of the development contribution to construction to
the Art in Public Places (APP) program.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 037, 2025, Making a Supplemental Appropriation and
Authorizing Transfer of Appropriations for the Gardens on Spring Creek Internship
Program.
This Ordinance, unanimously adopted on First Reading on March 4, 2025, supports the Gardens
on Spring Creek internship program by:
• Appropriating $9,800 of unanticipated grant revenue awarded by the Colorado Department of
Agriculture (CDA)) and
• Utilizing matching funds in the amount of $9,800 from existing 2025 appropriations into these
new grant projects.
Page 28
Item 1.
March 18, 2025
City of Fort Collins City Council Proceedings Page 6
In January 2025 the CDA awarded the City a total of $9,800 under the CDA’s Agricultural
Workforce Development Grant Program (AWDP). The Garden’s Internship Program aligns with
the objective of the AWDP in addressing the shortage of skilled agricultural workers in Colorado
by providing training and support through internships. The City will be providing an additional
$9,800 in required matching funds. The award funds and City’s matching funds will support hiring
two interns for the Garden’s’ summer 2025 internship program.
The $9,800 in funds through the CDA’s Agricultural Workforce Development Grant Program are
state funds and are pursuant to two separate State of Colorado purchase orders, with
corresponding terms and conditions. Each award/purchase order provides up to $4,900 for each
paid internship provided through the Garden’s summer 2025 internship program. There is no
requirement that the City sign an agreement for either award. Rather, upon the City submitting
the first request for reimbursement under each award/purchase order to CDA, the City agrees to
all terms and conditions of the award.
Adopted on Second Reading.
6. Items Relating to the Fort Collins Police Services Victim Services Unit.
A. Second Reading of Ordinance No. 038, 2025, Making a Supplemental Appropriation of Funds
Received from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the
General Fund for the Fort Collins Police Services Victim Services Unit.
B. Second Reading of Ordinance No. 039, 2025, Making a Supplemental Appropriation of Funds
Received from the Colorado Division of Criminal Justice Under the Federal Victim of Crime Act in
the General Fund for the Fort Collins Police Services Victim Services Unit.
These Ordinances, unanimously adopted on First Reading on March 4, 2025, help fund the Victim
Services Unit of Fort Collins Police Services for victim advocacy services which are required under
the Colorado Victim Rights Amendment for victims of crime and their family members.
The Victim Services Unit has been awarded a $70,000 VALE grant for the period from January 1,
2025, to December 31, 2025. The VALE grant is awarded through the Eighth Judicial District
Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by the
Victim Services team. This grant will fund 75% of the salary for a full-time contractual 40-hour per
week victim advocate.
The Victim Services Unit has also been awarded a 12-month grant in the amount of $17,505 for
the period from January 1, 2025, to December 31, 2025, by the Colorado Division of Criminal
Justice under the Federal Victim of Crime Act (VOCA). This grant will help fund services provided
by the Victim Services Unit. These funds will be used to pay 25% of the salary for the victim
advocate who provides crisis intervention services for sexual assault victims between the school
ages of kindergarten through 12th grade.
Both Ordinances Adopted on Second Reading.
7. Second Reading of Ordinance No. 040, 2025, Approving an Intergovernmental Agreement
Between the City of Fort Collins and the Fort Collins, Colorado, Downtown Development
Authority Governing the Use of a Line of Credit for the Financing of Downtown
Development Authority Projects and Programs and Delegating to the Downtown
Development Authority Thereunder the Power to Incur Debt in Relation Thereto as
Authorized by State Law.
This Ordinance, unanimously adopted on First Reading on March 4, 2025, approves an ordinance
to approve and authorize the Mayor to sign an intergovernmental agreement between the City
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and Downtown Development Authority (DDA) that will govern the processes for administering a
line of credit for financing DDA projects and programs for a six-year term from 2025 through 2030
and a maximum per-draw limit of $5 million.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf
of the DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to
renew this debt instrument with First National Bank of Omaha (FNBO) for another six-year term,
as it will be needed by the DDA to execute its projects and programs beginning in budget year
2025 and continuing through 2030. The renewal of the bank authorized Line of Credit is needed
by the DDA to satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for
bringing forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and
satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was
supportive of advancement of the IGA to the City Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s
approval of the IGA and the line of credit promissory note from First National Bank of Omaha.
The IGA is now advanced to the City Council and pursuant to the DDA Act requires adoption by
ordinance.
Adopted on Second Reading.
8. First Reading of Ordinance No. 041, 2025, Reappropriating Funds Previously Appropriated
in 2024 But Not Expended and Not Encumbered in 2024.
The purpose of this item is to reappropriate monies in 2025 that were previously authorized by
City Council for expenditures in 2024 for various purposes. The authorized expenditures were
not spent or could not be encumbered in 2024 because:
• There was not sufficient time to complete bidding in 2024 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies; or
• The project for which the dollars were originally appropriated by Council could not be completed
during 2024 and reappropriation of those dollars is necessary for completion of the project in
2025.
Additionally, there may have been sufficient unspent dollars previously appropriated in 2024 to
carry on programs, services, and facility improvements in 2025 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2024 and reflect no change in Council policies.
Adopted on First Reading.
9. First Reading of Ordinance No. 042, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers Related to 49 U.S.C. § 5339(b) Program Funding for Accessibility
Enhancements to the Transit System.
The purpose of this item is to support Transfort in enhancing accessibility throughout the Transfort
system by:
• Appropriating $2,411,550 in unanticipated grant revenue awarded to Transfort by the Federal
Transit Administration (FTA);
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• Transferring $222,450 from the Community Capital Improvement Program (CCIP) Bus Stop
Improvements to the Transit Service Fund where it will serve as local match for federal grant
funding; and
• Appropriating a development contribution to construction of $193,000 from CSU’s Alternative
Transportation Fee Advisory Board (ATFAB) to serve as local match for federal grant funding.
Transfort secured $2,411,550 in competitive grant funding from the FTA to enhance accessibility
and improve transit infrastructure, ensuring compliance with the Americans with Disabilities Act
of 1990 (ADA) throughout the Transfort system. These improvements align with the City’s
commitment to providing equitable, accessible, and inclusive transit services for all community
members.
Adopted on First Reading.
10. First Reading of Ordinance No. 043, 2025, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
The purpose of this item is to request an appropriation of $26,632 in philanthropic revenue
received by City Give. These miscellaneous gifts to various City departments support a variety of
programs and services and are aligned with both the City’s strategic priorities and the respective
donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
11. First Reading of Ordinance No. 044, 2025, Appropriating Prior Year Reserves in the General
Fund for Electric Vehicle Infrastructure Cost-sharing Fee Credits for Affordable Housing.
The purpose of this item is to continue funding for the pilot program providing Electrical Vehicle
(EV) Infrastructure Offset Fee Credits for qualifying affordable housing projects. Originally,
Council appropriated $238,000 in 2022 and the balance of the funds were reappropriated in the
2023 and 2024 Reappropriation Ordinances. This item requests a supplemental appropriation for
the remaining balance of $200,000 to continue the pilot program.
Adopted on First Reading.
12. First Reading of Ordinance No. 045, 2025, Making Supplemental Appropriation and
Authorizing Transfer of Appropriation Related to FASTER Transit Program Funding for the
FLEX Regional Route Operating Costs.
The purpose of this item is to support operating expenses for Transfort’s commuter FLEX
Regional Routes by:
1) Appropriating $300,000 in unanticipated grant revenue awarded to Transfort by the Colorado
Department of Transportation (CDOT) through its Fiscal Year 2024 (FY24) Funding
Advancements for Surface Transportation and Economic Recovery Act of 2009 (FASTER) Transit
Grant Program; and
2) Transferring $300,000 of previously appropriated Transfort operational funds to meet the local
match requirement for the FY24 FASTER grant.
Adopted on First Reading.
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13. First Reading of Ordinance No. 046, 2025, Making a Supplemental Appropriation of
Multimodal Transportation and Mitigations Options Fund Grant Revenue for the Foothills
Transit Station Project.
The purpose of this item is to appropriate unanticipated grant revenue awarded to Transfort by
the North Front Range Metropolitan Planning Organization (NFRMPO). Transfort secured
$317,669 in discretionary state grant funding to construct the Foothills Transit Station and
Roundabout, including design, electrical, right-of-way (ROW) acquisition costs, and related
expenses, at the intersection of Overland Trail and West Elizabeth Street adjacent to Colorado
State University’s (CSU) Foothills Campus. The Foothills Transit Station will serve as the western
terminus for multiple local and regional routes as well as the future West Elizabeth Bus Rapid
Transit (BRT) line.
Adopted on First Reading.
14. First Reading of Ordinance No. 047, 2025, Appropriating Prior Year Reserves in the Parking
Fund for Hourly Expenses.
The purpose of this item is to appropriate prior year reserves from the Parking Fund to support
2025 hourly salaries.
Adopted on First Reading.
15. Items Relating to the Carpenter and Timberline Intersection Project.
A. First Reading of Ordinance No. 048, 2025, Making a Supplemental Appropriation for the
Carpenter and Timberline Intersection Project.
B. Resolution 2025-015 Authorizing the Execution of an Amendment to an Existing
Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of
Transportation for the Carpenter and Timberline Intersection Project.
The purpose of these items is to enable the City to receive and expend Federal funds for the
Carpenter and Timberline Intersection project (Project). The funds will be used for design and
construction of improvements at the intersection of Carpenter Road and Timberline Road. If
approved, the items will: 1) appropriate $2,082,608 of Highway Safety Improvement Program
(HSIP) grant funds to the Project; 2) authorize the Mayor to execute an amendment to the
Intergovernmental Agreement (IGA) for the Project with Colorado Department of Transportation
(CDOT).
The Project will not appropriate any money to the Art in Public Places Program as the Project is
100% grant funded at this time.
Ordinance Adopted on First Reading.
Resolution Adopted.
16. Items Relating to a State Carbon Reduction Program Grant to Fund ADA Bus Stop
Improvements along Regionally Significant Corridors.
A. First Reading of Ordinance No. 049, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers to be Used as Local Match for Carbon Reduction Program Funding for ADA Bus Stop
Improvements Projects.
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B. Resolution 2025-016 Authorizing the Execution of an Intergovernmental Agreement Between
the City and Colorado Department of Transportation to Fund Bus Stop Improvements Along
Regionally Significant Corridors through the State Carbon Reduction Program.
The purpose of these items is to support Transfort in enhancing accessibility at bus stops in
Transfort’s service area.
The City was awarded $538,447 in Carbon Reduction Program (CRP) grant funds from the
Colorado Department of Transportation (CDOT) in support of Transfort performing bus stop
improvements along Regionally Significant Corridors. The awarded funds and required local
match of $111,930 will support design, right-of-way (ROW) acquisition, the construction of
concrete pads, and the installation of amenities such as shelters, benches, bike racks, and trash
cans.
Approval of these items would support the City in enhancing accessibility at Transfort bus stops
by:
• Authorizing the Mayor, by Resolution, to execute an Intergovernmental Agreement (IGA) with
CDOT. This IGA will result in the receipt by Transfort of $538,447 in CRP grant funds for fiscal
year (FY) 2025.
• Transferring $100,000 from the Community Capital Improvement Program Fund (CCIP) to the
Transit Services Fund for ADA Bus Stop Improvements Projects where it will serve as local match
for previously appropriated CRP Grant Funds.
Ordinance Adopted on First Reading.
Resolution Adopted.
17. First Reading of Ordinance No. 050, 2025, Amending Section 9-4 of the Code of the City of
Fort Collins for the Purpose of Clarifying Enforcement of Open Fire and Burning
Restrictions.
The purpose of this item is to amend the enforcement and penalty provision under City Code
Section 9-4 to clarify that it applies to all violations under Chapter 9, including violations of the
Open Fire and Burning Restrictions.
Withdrawn from Consent. Adopted on First Reading.
18. First Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the City of
Fort Collins for the Purpose of Repealing the 2021 International Fire Code and Adopting
the 2024 International Fire Code, with Amendments.
The purpose of this item is to repeal the 2021 International Fire Code and adopt the 2024
International Fire Code (IFC) with local amendments. The International Code Council (ICC)
publishes code updates every three years. The Poudre Fire Authority (PFA) Board of Directors
has reviewed and approved this code package and is requesting the code be adopted as
amended.
Since the City's adoption of and amendments to the 2021 IFC are being repealed in their entirety
and replaced with adoption of and amendments to the 2024 IFC, all highlights and strikethrough
formatting in the Ordinance show changes from the way the language appears in the 2024 IFC,
as published by the ICC, not changes to the current provisions under City Code.
Withdrawn from Consent. Adopted on First Reading.
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19. First Reading of Ordinance No. 052, 2025, Amending the Boundary of the Willard and
Gladys Eddy House and Shared Barn, 509 Remington Street, Fort Collins, Colorado, a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
The purpose of this item is to seek an amendment, as requested by the property owners of 509
Remington Street, to the Landmark boundary listed in the designation ordinance of the property
to more accurately reflect its legal description. The lot line modification was recorded with Larimer
County in 2024. After review and consideration of the proposal at their February 19, 2025 hearing,
the Historic Preservation Commission (HPC) recommended through HPC Resolution 1, 2025,
that Council approve the Ordinance amending the Landmark boundary.
Withdrawn from Consent. Adopted on First Reading.
20. First Reading of Ordinance No. 053, 2025, Amending the Boundary and Landmark Name of
the Fred W. Stover House and Garage, 515 Remington Street, Fort Collins, Colorado, a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
The purpose of this item is to seek an amendment, as requested by the property owners of 515
Remington Street, a City Landmark designated in 1997, to the Landmark boundary and title listed
in the designation ordinance of their property to more accurately reflect its legal description. The
lot line modification was recorded with Larimer County in 2024, and the barn that was shared
between 515 and 509 Remington Street was relocated entirely within the 509 Remington Street
parcel. After review and consideration of the proposal at their February 19, 2025, hearing, the
Historic Preservation Commission (HPC) recommended through HPC Resolution 1, 2025, that
Council approve the Ordinance amending the boundary and the name of the Landmark.
Adopted on First Reading.
21. Resolution 2025-017 Approving an Intergovernmental Agreement and Grant Agreement
with Larimer County for a Grant From the City’s Digital Inclusion Program.
The purpose of this item is to authorize the approval of an Intergovernmental Agreement and
Grant Agreement with Larimer County for a Digital Inclusion grant made to the Larimer County
Economic and Workforce Development to support the “Digital Roots” bilingual program.
Resolution Adopted.
22. Resolution 2025-018 Approving an Intergovernmental Agreement and Grant Agreement
with Poudre School District for a Grant from the City’s Digital Inclusion Program.
The purpose of this item is to authorize the approval of an Intergovernmental Agreement and
Grant Agreement with Poudre School District (PSD) for a grant from the City’s Digital Inclusion
Program for the PSD Digital Literacy Liaison, who will support the technological literacy of PSD
Family Liaisons, as well as the families and students that they serve.
Resolution Adopted.
23. Resolution 2025-019 Approving the First Amendment to the “Agreement to Secure Public
Benefits for Mulberry Development as Provided in Service Plan for Mulberry Metropolitan
District Nos. 1 Through 6.”
The purpose of this item is to consider the First Amendment to the “Agreement to Secure Public
Benefits for Mulberry Development as Provided in Service Plan for Mulberry Metropolitan District
Nos. 1 Through 6” (the “First Amendment”). The “Agreement to Secure Public Benefits for
Mulberry Development as Provided in Service Plan for Mulberry Metropolitan District Nos.1
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Through 6” (the “Public Benefits Agreement” or “PBA”) requires alley access to the garages of at
least 40% of the total dwelling units. This First Amendment would require 45% of the total dwelling
units to have non-street facing garages rather than the current requirement of 40% of total
dwelling units being served by alley loaded garages. Alleys limit design flexibility for multi-unit
buildings, and this First Amendment would meet the intent of the Public Benefits Agreement by
ensuring garages do not dominate the streetscape within the Mulberry Metropolitan Districts 1
through 6 (the “Metro District”).
Clarifying this PBA requirement has become critical to reviewing development plans for the many
phases of the planned unit development (“Bloom PUD”), while working to achieve the overall
intent of providing more active and engaging streetscapes that are dominated by homes and front
porches instead of driveways and garage doors.
Resolution Adopted.
24. Items Relating to Appointments to Various Boards and Commissions.
A. Resolution 2025-020 Making an Appointment to the Active Modes Advisory Board.
B. Resolution 2025-021 Making an Appointment to the Affordable Housing Board.
C. Resolution 2025-022 Making Appointments to the Air Quality Advisory Board.
D. Resolution 2025-023 Making Appointments to the Art in Public Places Board.
E. Resolution 2025-024 Making Appointments to the Citizen Review Board.
F. Resolution 2025-025 Making Appointments to the Cultural Resources Board.
G. Resolution 2025-026 Making Appointments to the Disability Advisory Board.
H. Resolution 2025-027 Making Appointments to the Economic Advisory Board.
I. Resolution 2025-028 Making Appointments to the Energy Board.
J. Resolution 2025-029 Making an Appointment to the General Employees Retirement
Committee.
K. Resolution 2025-030 Making Appointments to the Historic Preservation Commission.
L. Resolution 2025-031 Making Appointments to the Human Relations Commission.
M. Resolution 2025-032 Making Appointments to the Human Services and Housing Funding
Board.
N. Resolution 2025-033 Making Appointments to the Land Conservation and Stewardship Board.
O. Resolution 2025-034 Making Appointments to the Land Use Review Commission.
P. Resolution 2025-035 Making Appointments to the Natural Resources Advisory Board.
Q. Resolution 2025-036 Making Appointments to the Parks and Recreation Board.
R. Resolution 2025-037 Making an Appointment to the Planning and Zoning Commission.
S. Resolution 2025-038 Making Appointments to the Senior Advisory Board.
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T. Resolution 2025-039 Making Appointments to the Transportation Board.
U. Resolution 2025-040 Making Appointments to the Water Commission.
V. Resolution 2025-041 Making an Appointment to the Women and Gender Equity Advisory
Board.
The purpose of this item is to fill vacancies on various Boards and Commissions.
All Resolutions Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to approve the
recommended actions on items 1-24, minus 17, 18, and 19 on the Consent Calendar.
The motion carried 6-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Pignataro thanked those who applied for Boards and Commissions and noted there
were over a hundred applicants. She encouraged those who were not appointed to reapply.
Councilmember Pignataro asked when the pilot program referenced in Item #11, First Reading of
Ordinance No. 044, 2025, Appropriating Prior Year Reserves in the General Fund for Electric Vehicle
Infrastructure Cost-sharing Fee Credits for Affordable Housing, will be complete and asked about next
steps. City Manager DiMartino replied that information will be provided prior to Second Reading.
Mayor Arndt thanked those who applied for Boards and Commissions and commended those who
were selected and would be providing hours working for the City.
L) STAFF REPORTS
A. Federal Funding Update.
The purpose of this item is to share information regarding both direct and indirect impacts of federal
funding shifts and executive orders on the City of Fort Collins and the community.
Deputy City Manager Tyler Marr stated the goal of this presentation is to provide information on
direct impacts or potential impacts to the City organization, broader community impacts, and to
address perceptions and concerns moving forward. He noted a City contingent met with the
Colorado Congressional delegation in Washington, D.C. last week.
Deputy City Manager Marr noted the City has just shy of $100 million in active federal funding
which spans the breadth of the City organization. He stated 13 of the grants are at risk due to a
variety of factors, including a lack of authorization to spend the funds and the change in priorities
at the federal level. He noted new programs under the Inflation Reduction Act or the Infrastructure
law could be targets, and those items flagged to be at risk add up to $41 million. He noted there
are also potential changes to formula funding, for example about 25% of Transfort’s operating
budget comes from federal formula funds.
Deputy City Manager Marr stated it is also likely the City will see direct impacts on things such as
revenue given it is a hub for federal workers, federal investment, and federal leases on buildings.
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He also noted there will be impacts to CSU and the County. Additionally, higher tariffs will lead to
increased costs for capital projects and other basic expenses for community members.
Deputy City Manager Marr stated the City remains committed to its mission and values regardless
of the change at the federal level.
Mayor Arndt thanked staff for the update and noted that community members have been requesting
this information. She encouraged staff to continue to inform the community as things change.
M) COUNCILMEMBER REPORTS
None.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
17. First Reading of Ordinance No. 050, 2025, Amending Section 9-4 of the Code of the City of
Fort Collins for the Purpose of Clarifying Enforcement of Open Fire and Burning
Restrictions.
The purpose of this item is to amend the enforcement and penalty provision under City Code
Section 9-4 to clarify that it applies to all violations under Chapter 9, including violations of the
Open Fire and Burning Restrictions.
Fire Marshall Shawn McGaffin stated this item is simply a wording change to allow for the same
enforcement rights for open burning.
PUBLIC COMMENT
Joe Rowan stated that while this item is not controversial, it is an indication of the disconnect
between the Poudre Fire Authority’s and City’s processes. He suggested anything that directly
impacts Fort Collins should go through the City’s process.
Adam Hirschhorn stated the City will support Poudre Fire Authority in whatever it needs.
COUNCIL DISCUSSION
Councilmember Pignataro noted there are two Councilmembers on the Fire Code Review
Committee and asked if this went through that Committee. McGaffin replied in the affirmative and
stated it also went through the Poudre Fire Authority Board, on which Councilmembers sit, then
the City Attorney’s Office, and finally to Council.
Mayor Arndt noted that the process has been clear to her and that if an item comes to Council on
Consent, it can be pulled to enable more discussion, just as was done tonight.
Mayor Pro Tem Francis requested more clarification regarding the Committee and who has voting
rights. McGaffin replied this item was not reviewed by the Committee as it is such a minor change
and was actually brought forward by the City Attorney’s Office.
Mayor Pro Tem Francis motioned to approve Ordinance No. 050, 2025, Amending Section
9-4 of the Code of the City of Fort Collins for the Purpose of Clarifying Enforcement of
Open Fire and Burning Restrictions, on First Reading. Councilmember Pignataro
seconded the motion.
The motion carried 6-0.
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18. First Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the City of
Fort Collins for the Purpose of Repealing the 2021 International Fire Code and Adopting
the 2024 International Fire Code, with Amendments.
Fire Marshall Shawn McGaffin outlined the process for International Fire Code adoption. He
stated the Fire Code Review Committee consists of constituents from the community that best
represent the items contained in the Fire Code, including the Fort Collins Building Department.
He stated there are few changes and noted the goal was to eliminate as many amendments as
possible from years past. He detailed a change to an appendix related to adding numbers to each
interior door in schools and stated the definition of fire alarm was expanded. He provided
additional information on proposed minor changes and discussed the ways in which PFA will
provide public outreach regarding the changes once adoption has occurred.
PUBLIC COMMENT
Joe Rowan noted the Ordinance states this is a public hearing and questioned why it was on the
Consent Agenda given that fact. He stated the appeals process is not clear and suggested the
Building Review Commission or Planning and Zoning Commission should have provided input.
Additionally, regarding the proposed changes to signage, he questioned whether they are
consistent with the City’s sign code. Rowan also shared frustration that the materials were not
made available to the public until after they were reviewed by the PFA Board.
COUNCIL DISCUSSION
Mayor Pro Tem Francis asked if public hearings are on the Consent Agenda. City Manager
DiMartino replied in the affirmative noting people can comment during general public comment.
Mayor Pro Tem Francis suggested it may be helpful to have a work session with Council for these
types of Code changes moving forward.
Mayor Arndt asked if the sign letter size changes are retroactive. McGaffin replied in the negative.
Mayor Arndt asked about the process the last time Fire Codes were updated. Chief Derek
Bergsten replied the last five updates went through the same process but acknowledged there is
room for improvement moving forward. He noted the International Fire Code is developed by the
ICC and is based on science and life safety regardless of the community size.
Mayor Arndt also encouraged work sessions on the topic in the future.
Mayor Arndt requested additional clarification regarding the appeal process. McGaffin replied the
changes were brought forward to bring a level of consistency and a streamlined process for all
municipalities served by PFA.
Mayor Arndt stated this item should have been placed on Discussion given the need to provide
all assurances to the public.
Mayor Pro Tem Francis motioned to approve Ordinance No. 051, 2025, Amending Chapter
9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2021 International
Fire Code and Adopting the 2024 International Fire Code, with Amendments, on First
Reading. Councilmember Gutowsky seconded the motion.
The motion carried 6-0.
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Chief Bergsten provided information on residential lithium-ion battery storage noting fully charged
batteries should never be left in chargers or the devices when they are not in use.
19. First Reading of Ordinance No. 052, 2025, Amending the Boundary of the Willard and
Gladys Eddy House and Shared Barn, 509 Remington Street, Fort Collins, Colorado, a Fort
Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
Councilmember Ohlson asked about the movement of the barn to one lot and why that was
allowed to happen given historical context. Yani Jones, Historic Preservation Planner, replied the
relocation of the barn was considered allowable under Chapter 14, Article IV of the Municipal
Code because the relocation did not negatively impact the historic landmarks on which the barn
is located: 509 and 515 Remington Street, as it still remains within its historic context and is now
totally within the 509 Remington parcel. Additionally, this enabled the repair and rehabilitation of
the historic barn, including the opportunity to place it onto a new, raised foundation which is
significant to protect the structure given its location in a floodplain. The change also allowed for
the adaptive reuse of the structure as a habitable space and garage. Jones noted the Historic
Preservation Commission reviewed a certificate of appropriateness for the boundary amendment.
PUBLIC COMMENT
Adam Hirshhorn commended saving the barn.
COUNCIL DISCUSSION
Mayor Pro Tem Francis motioned to approve Ordinance No. 052, 2025, Amending the
Boundary of the Willard and Gladys Eddy House and Shared Barn, 509 Remington Street,
Fort Collins, Colorado, a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins, on First Reading. Councilmember Pignataro seconded the motion.
The motion carried 6-0.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
None.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
Councilmember Gutowsky reported on the annual Dunn Elementary School citizenship oath
ceremony, the International Women’s Day rally in Old Town, and commented on the opening
of the first Colorado location of Daiso, a store which originated in Tokyo.
Q) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:34 p.m.
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______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 40
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 041, 2025, Reappropriating Funds Previously
Appropriated in 2024 But Not Expended and Not Encumbered in 2024.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, reappropriates
monies in 2025 that were previously authorized by City Council for expenditures in 2024 for
various purposes. The authorized expenditures were not spent or could not be encumbered in
2024 because:
• There was not sufficient time to complete bidding in 2024 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies; or
• The project for which the dollars were originally appropriated by Council could not be
completed during 2024 and reappropriation of those dollars is necessary for completion of the
project in 2025.
Additionally, there may have been sufficient unspent dollars previously appropriated in 2024 to
carry on programs, services, and facility improvements in 2025 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into
individual fund balances at the end of 2024 and reflect no change in Council policies.
Page 41
City Council Agenda Item Summary – City of Fort Collins Page 1 of 12
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kelly DiMartino, City Manager
Gretchen Stanford, Interim Finance Director
Lawrence Pollack, Budget Director
SUBJECT
Second Reading of Ordinance No. 041, 2025, Reappropriating Funds Previously Appropriated in
2024 But Not Expended and Not Encumbered in 2024.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, reappropriates monies in 2025
that were previously authorized by City Council for expenditures in 2024 for various purposes. The
authorized expenditures were not spent or could not be encumbered in 2024 because:
• There was not sufficient time to complete bidding in 2024 and therefore, there was no known vendor or
binding contract as required to expend or encumber the monies; or
• The project for which the dollars were originally appropriated by Council could not be completed during
2024 and reappropriation of those dollars is necessary for completion of the project in 2025.
Additionally, there may have been sufficient unspent dollars previously appropriated in 2024 to carry on
programs, services, and facility improvements in 2025 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2024 and reflect no change in Council policies.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Executive Team has reviewed the Reappropriation requests to ensure alignment with organization
priorities and the Budget staff reviewed the requests to verify that all met qualification requirements.
This item was then reviewed by the Council Finance Committee on March 6, 2025, and the Committee
approved moving it forward to the full Council for consideration on March 18, 2025.
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 12
Monies reappropriated for each City fund by this Ordinance are as follows:
The 2025 Reappropriation requests are as follows, by fund:
GENERAL FUND
City Clerk’s Office
1) Ranked Choice Voting preparation - $67,978
Purpose for funds: At the November 2022 election, voters approved ranked choice voting. Starting in
2025, the City of Fort Collins must use ranked voting methods to fill Mayor and District Councilmember
seats for coordinated and/or City-run elections when there are three or more candidates. The City is
required to provide the instructions, training, procedures and services required to educate the
community and implement this new way of voting in collaboration with the County and others. Due to
the increased cost of ranked voting that the City is responsible for, the election itself will likely exceed
the budgeted amount for FY25. A portion of the reappropriated funds will be used for this purpose.
Additionally, the City Clerk's Office is obligated to educate the public on this new style of voting, and
the remaining reappropriated funds will be used on marketing and outreach to the community. This
includes mailings, newspaper, social media and other advertising, event costs, necessary informational
materials/video, mock election materials, and other supplies for effectively communicating this initiative
to the public. While the City Clerk's Office is looking for creative ways to partner with other organizations
and community groups, a large cost for planned outreach efforts is expected.
Reason funds not expensed in 2024: The City Clerk's Office has been in a state of transition over the
last year, running under adequate staffing levels and bringing on new team members. While ranked
voting was identified as a major priority, planning for outreach and coordination efforts in the first half
of 2024 was not feasible. This was due, in part, to the efforts required to get Charter amendments and
other ballot questions approved and then working with the County on a coordinated 2024 election.
Planning discussions and staff education related to ranked voting began in the fall of 2024, but many
of the necessary items could not be purchased or encumbered so far from the 2025 election date as
related materials and other items had yet to be developed. This work is currently underway. Staff is
working with the County, CSU, PSD and the League of Women Voters to find ways to collaborate on
these efforts and share some costs. However, we expect there will continue to be a significant cost for
the City related to ranked voting efforts to ensure we effectively get the word out and help train voters.
Reappropriating these funds will contribute significantly to our communication and outreach strategies.
General Fund $1,841,644
2050 Tax Climate Fund 53,424
2050 Tax Parks & Rec Fund 250,000
2050 Tax Transit Fund 14,000
Neighborhood Parkland Fund 18,583
Conservation Trust Fund 59,663
Cultural Services & Facilities Fund 103,032
Recreation Fund 96,669
Transportation CEF Fund 1,413,645
Transportation Services Fund 226,853
Parking Fund 1,093,142
Data & Communications Fund 401,885
Total $5,572,540
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 12
Economic Health Office
2) Construction Impact Grants - $74,500
Purpose for funds: These funds are meant as small grants to local businesses that have been impacted
by City Construction. Road construction can limit access, interrupt operations, and reduce customer
traffic. These grants are meant to help mitigate those issues by providing resources to help with
marketing, communication, signage, etc.
Reason funds not expensed in 2024: The funds were not fully expended in 2024 based on
unanticipated major project timing shifts. The request for reappropriation is due to the confluence of
two major capital project schedule changes: College and Trilby construction has been delayed, as well
as Harmony Underpass schedule prioritization (happening sooner).
Police Services
3) K9 Donation - $8,505
Purpose for funds: $10,000 was given by a citizen for the purpose of supporting the K9 unit for any
purpose. This has not yet been purchased and should be reappropriated according to the intent of the
gift.
Reason funds not expensed in 2024: The reason that the funds weren't spent was because at the time
all of the needs of K9 had been met with a portion of the gift and its existing budget. The team has
plans for this money in 2025 and the remaining balance will be spent.
4) Leadership Summit Donation - $90,797
Purpose for funds: This reappropriation is for the remaining amount of the funds that were donated for
the Police Leadership Summit that was held last year. It will be held again in 2025 and paid for by the
remaining donated funds.
Reason funds not expensed in 2024: The funds were originally donated by Angel Armor for rifle plates
and then permission was given to repurpose the funds to pay for the Leadership Summit. In the interim
other donors such as the Daniel's Fund donated more money which exceed the needed amount. Police
will keep using the funds for their intended purpose to fund this event.
Social Sustainability
5) 24/7 Homeless Shelter Contribution - $1,000,000
Purpose for funds: The City of Fort Collins recognizes the need for the construction of a new 24/7
shelter and seeks to provide $1 million in local funds to Fort Collins Rescue Mission for construction of
the shelter, which will serve men experiencing homelessness in the community. The new shelter will
eliminate the need for winter overflow shelters and serve as a hub for community partners to
collaboratively serve clients, including access to health services, job training, mental health support,
and other critical resources.
These funds are intended to support a portion of capital expenses related to construction of the shelter,
which will be released to Fort Collins Rescue Mission only after they receive both full funding and
building permits.
Reason funds not expensed in 2024: Funds were not expended in 2024 because the development
entitlement process was prolonged due to appeals. Fundraising is going well, and the Rescue Mission
believes they will start work on site in Spring of 2025. SSD staff is working with the Rescue Mission on
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City Council Agenda Item Summary – City of Fort Collins Page 4 of 12
a contract for this $1M investment. Funding will not be made available until permits are pulled for the
project to start construction.
City Manager’s Office
6) Digital Accessibility - $71,760
Purpose for funds: Staff is working on phase two of the Digital Accessibility work. They have a scope
of work to audit digital platforms for each service area as well as digital documents, DocuSign
templates, municipal code, Laserfiche, and Get FoCo. This work is needed to meet basic state
compliance requirements.
Reason funds not expensed in 2024: The funds for this project were not expended in 2024 due to
phase 1 of the Digital Accessibility audit taking longer than expected. This reappropriation will enable
completion of this work in 2025.
City Attorney’s Office
7) CAO Charter Review - $12,500
Purpose for funds: Work was initiated in July 2024 on the City Council priority to update and modernize
the City Charter. Outside special counsel was hired to assist with this work and $25,000 was
appropriated to support it. After work sessions in December 2024 and January 2025, work is underway
to prepare ordinances that will put Charter amendments on the November ballot, to be presented to
Council on April 1. Reappropriating these funds would make them available to support the completion
of the work they were intended to fund.
Reason funds not expensed in 2024: The amount appropriated in summer 2024 provided the total
amount of funds needed for the Charter Update work. However, the timing of the project work has
been split between 2024 and 2025. As a result, roughly half of the funds were expended in 2024, and
the remaining funds are needed to complete the work as scheduled.
8) Red Light Camera Radar (RLCR) Traffic Initiative - $146,179
Purpose for funds: The City Attorney's Office prosecution team continues to move forward with
implementation of the new Automated Vehicle Identification System traffic enforcement program (red
light/camera radar). Preparing for and bringing on new staffing, training and development of procedural
updates have been underway and cases from fixed cameras and in-person enforcement have
continued to increase and are likely to continue to increase. These funds would be used to provide
needed support for the prosecution team working on these issues in 2025, particularly as additional
freestanding units, which have not yet been deployed, come online. Funds for already filled ongoing
positions were funded in the 2025 budget for only April through December and these funds will help
cover the resulting shortfall.
Reason funds not expensed in 2024: The rollout of the updated red light/camera program was delayed
until late in 2024, as was staffing and onboarding of the prosecution team support. Some aspects of
the program, including the new freestanding units, have not yet been implemented. These delays
slowed the influx of cases, and the program will continue to grow significantly well into 2025. (The
delays will also likely push into 2026, temporary expenses that were originally expected in 2024-25.)
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Municipal Court
9) Case Management System (Tyler Tech) - $227,912
Purpose for funds: 2024 Budgeting for Outcomes (BFO) Offer 68.8 funded a new court case
management system for the Municipal Court. This offer was strongly supported by the City Attorney's
office and the City's Information Technology department. The use of technology within the judicial world
is critical to the functionality and efficiency of a court. After an extensive RFP process, a vendor was
awarded this contract in Q2 of 2024. In July of 2024, this technology implementation project started.
These funds will be used to support the project by funding a temporary employee serving as a co-
project manager supporting the Court Administrator and to fund the contractual obligations associated
with this project.
Reason funds not expensed in 2024: This project is an extensive year-long implementation project
which merges several different systems into one updated case management system. Funding is
disbursed throughout the implementation as contractual obligations and project milestones are
completed by the vendor. The project started in July and is on schedule. Because of the complexity of
the project, only a couple of project payment points/invoices were reached in 2024. The remaining
payment/invoicing deadlines should be completed in 2025.
Operation Services
10) Edora Pool and Ice Center Hot Water System - $85,000
Purpose for funds: These funds identified in Offer 15.14 Aging Facilities Maintenance were targeted
to replace the hot water piping to the locker rooms at the Edora Pool and Ice Center (EPIC). During
higher hot water demands in the locker rooms, the system fails to deliver hot water leaving patrons
experiencing cold showers. This reappropriation request would use the funds to redesign the hot water
system to resolve this ongoing issue for EPIC customers.
Reason funds not expensed in 2024: In December of 2023, temperature issues with the domestic hot
water system at Edora Pool and Ice Center were apparent. Numerous complaints were received from
patrons regarding the low water temperature in the showers. Several attempts to resolve this problem
with the current system were unsuccessful.
In early 2024, the City partnered with a mechanical consulting engineer to redesign the piping for this
part of the hot water system. This involved mapping the existing system, as well as providing
construction documents and an estimate for the needed repairs. Due to the length of time for this
redesign process and availability of vendors to perform the work, this project was unable to start in
2024 as originally scheduled.
11) Replace Northside Atzlan Methane Detection System - $45,000
Purpose for funds: These funds identified in Offer 15.14 Aging Facilities Maintenance will replace an
end of life methane detection system at the Northside Atzlan Community Center. This system is
required by the State of Colorado to monitor the methane m itigation system that is integral to that
facility.
Reason funds not expensed in 2024: This system is original to the 2007 construction of the building
making the replacement of components a challenge. In July of 2024 the City partnered with a contractor
for repairs to the Northside Aztlan Methane detection system. After several attempts to resolve this
problem using the existing system were unsuccessful, it was determined a full replacement would be
in the city's best interest. In December 2024, the city requested a proposal for the design and
installation of a new system. Due to the length of time for this process, permitting, and availability of
vendors, this project should be completed by mid-2025.
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City Council Agenda Item Summary – City of Fort Collins Page 6 of 12
Parks
12) Pickleball Donation - $11,513
Purpose for funds: Funding for a feasibility study for a future City-owned pickleball complex was
appropriated in 2024 for Park Planning and Development staff to conduct an initial public engagement
process and feasibility study. To date, staff have conducted 2 stakeholder meetings, one open house,
and developed conceptual designs for two potential locations on community park properties.
The Fort Collins Pickleball Club awarded $40,000 to the Park Planning & Development division (PPD)
for this designated purpose. Past philanthropic partnerships by City Give have included The Hand That
Feeds, Veterans Plaza of NoCo, a refresh of Eastside Park, and the 9-11 Memorial at Spring Park.
Reason funds not expensed in 2024: Not all funds were expensed in 2024 as the results of a noise
impact study by an acoustic engineering firm were not available until Q1 2025. Continued outreach and
communication with the donor group (Fort Collins Pickleball Club) will be completed to finalize the City's
commitments per the gift agreement.
2050 TAX FUND – CLIMATE OCF
Natural Areas
13) Poudre River Health Assessment - $53,424
Purpose for funds: This offer funds the Poudre River Health Assessment project, a sampling project
that evaluates the health of the Cache la Poudre River from Gateway Natural Area to I-25 using a suite
of biological, chemical, and physical indicators. The project builds on a previous effort completed by
the City in 2017 and is a critical baseline for informing potential large-scale water projects. The funding
for this offer covers that cost of sampling, analysis, and public outreach. The majority of the funds
($246,473) are allocated in an existing PO with ICON Engineering for the sampling effort, with a portion
of those already used as matching funds for our partners at the Coalition for the Poudre River
Watershed (CPRW). CPRW is sampling the Upper and Lower zones of the watershed, while the City
is focusing on the Middle Zone. As of the end of 2024, spending toward sampling and analysis have
been addressed. The reappropriated funds will support development of final products and public
outreach.
Reason funds not expensed in 2024: The project funds that were not fully expended in 2024 are for
the last phase of the project: public and partner engagement. The team must first receive the results
from the sampling effort to begin the engagement phase. The timeline of contracting process and the
need to collect data across a full year in order to see a complete picture of river health caused this
project to spill into 2025. Sampling is underway and engagement is scheduled for summer and fall
2025.
2050 TAX FUND - PARKS & REC
Recreation
14) Recreation 2050 Tax CIP Study - $250,000
Purpose for funds: Ordinance 58 was approved appropriating $250,000 to fund a Capital Improvement
Plan (CIP) study for the Recreation department out of the 2050 Tax Fund - Parks & Rec. This study
will inform the department’s efforts to strategically leverage asset management investments, including
from the Recreation Fund and the 2050 tax proceeds, and is similar to efforts which the Parks
department has completed for their Infrastructure Replacement Program.
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City Council Agenda Item Summary – City of Fort Collins Page 7 of 12
Reason funds not expensed in 2024: Award of the contract was delayed due to new internal City
processes. Staff has worked through these processes and is underway with the RFP and expects funds
will be fully spent in 2025.
2050 TAX FUND - TRANSIT
Transfort
15) Transfort Optimization Study - $14,000
Purpose for funds: Transfort Optimization Study came in slightly under budget at $36k out of $50k
original cost. Transfort will use remaining balance of unspent funds for costs outside of contract with
the vendor such as incentives for focus groups and public meetings, additional translation costs,
childcare incentives, etc.
Reason funds not expensed in 2024: The cost of the optimization study came in under budget and
was only $36,000 of the original $50,000 anticipated cost. These expenses described above are directly
associated with the study, helping to inform strategic business decisions.
NEIGHBORHOOD PARKLAND FUND
Parks
16) Veteran's Plaza Sign Donation - $18,583
Purpose for funds: Funding was appropriated in 2024 for Park Planning and Development staff to
design, construct and install an entry sign for the Veterans Plaza of Northern Colorado at Spring
Canyon Community Park. To date, staff have completed design and design-build documents and
material acquisition for the installation of the sign.
Gifts of $25,000 and $50 were received by the nonprofit group supporting the Veterans Plaza and an
individual donor for this designated purpose.
Reason funds not expensed in 2024: Due to inclement weather conditions in Q4 of 2024 and contractor
availability, construction has extended into 2025. Work is anticipated to be completed in Q1 2025.
CONSERVATION TRUST FUND
Parks
17) Bike Park Feasibility - $59,663
Purpose for funds: Funding was intended for Park Planning and Development staff to conduct a
community-scale bike park feasibility study as directed by Council at the June 11 Work Session. This
feasibility study includes an evaluation of potential locations, identification of features and park
amenities, and a community engagement process.
This project is in response to significant community feedback and input from the 2021 Parks and
Recreation Plan: Recreate.
Reason funds not expensed in 2024: The project for which the dollars were originally appropriated by
Council could not be completed during 2024 due to the project schedule overlapping years 2024/2025.
Reappropriation of those dollars is necessary for completion of the project in 2025.
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City Council Agenda Item Summary – City of Fort Collins Page 8 of 12
CULTURAL SERVICES & FACILITIES FUND
Cultural Services
18) Center for Creativity Furniture Donation - $91,729
Purpose for funds: The requested funds to be reappropriated make up a sizeable and generous
community donation from a local resident in 2024 intended to be utilized for venue vitalization,
improvements, equipment purchases, and furniture expenses. Due to the expansive nature of the
Center for Creativity renovation, and significant construction costs, donated funds such as this are
important to our continuing work towards making the Historic Carnegie Library a vibrant destination for
arts and culture in the Fort Collins community.
Funds used in 2024 purchased venue furniture items and equipment, along with basic infrastructure
improvements not originally budgeted as part of the greater renovation project. Due to the funds not
being received until 9/1/2024, staff was unable to fully spend them in 2024, as the building also was
not brought fully back online until August 2024. Time was needed following completion of the renovation
to best identify the areas these funds could best be put towards. We expect in 2025 to utilize these
funds on continued facility improvements such as improved gallery hard goods and painted surfaces,
access control upgrades, technical & performance related equipment, and other similar building
infrastructure upgrades.
Reason funds not expensed in 2024: Recognizing that these funds being requested for reappropriation
were not received until late in the year 2024, it was expected that their use, as directed by the donation,
would span more than just the year they were received. In an effort to leverage this generous donation
in the most responsible manner, staff knew that they would need time once the CC was operational in
August 2024 to best identify and outline how to use funding towards their intended purpose to support
the venues ongoing equipment, furniture, and improvement needs.
19) Gardens on Spring Creek APGA Grant for Community Garden - $11,303
Purpose for funds: In 2024, The Gardens on Spring Creek received $20,000 grant from the American
Public Garden Association (APGA) to support a project where we partner with the First Peoples
Community Center to plan, design, plant and care for a garden plot at The Gardens for indigenous
community use. This garden was born out of an expressed desire by the local indigenous community
for more access to space to grow and harvest spiritual, medicinal and food plants for their community.
This funding is instrumental to the success of this project and our commitment to building trust and
enduring relationship with the Indigenous Community. During the 2024 season the Garden produced
370lbs of produce for the community and engaged at least 30 members of the Native Community. The
appropriation of the remaining funds will support the ongoing work of this project for 2025.
Reason funds not expensed in 2024: Funds were deposited in 2024 and are committed to support this
project in its entirety. Due to a shortage of candidates for our gardener position in the summer of 2024,
resulting in late hiring, the funds were not expended as intended by the end of 2024. Staff is determined
to spend these funds in 2025 to complete the project with this reappropriation.
RECREATION FUND
Recreation
20) Recreation Asset Management - $53,410
Purpose for funds: The Recreation fund appropriated these expenses from revenues to support asset
replacements, including the purchase of a replacement Kubota utility vehicle at the Farm at Lee
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City Council Agenda Item Summary – City of Fort Collins Page 9 of 12
Martinez Park ($45,000) and the replacement of an ADA pool lift at the Edora Pool and Ice Center
($8,410). Funding these assets allows us to maintain better service levels to the community and
promotes access.
Reason funds not expensed in 2024: Lead times for specialized equipment and work can be lengthy.
Staff has received quotes and is ready to award the orders with high confidence in expending the funds
in 2025.
21) Recreation Universal Pre-K (2024 State of CO Funding) - $30,469
Purpose for funds: Ordinance 140 was approved in November '24 appropriating the unanticipated
2024 revenue from the State of Colorado ($30,469) to fund the Universal Pre-school (UPK) '24 / '25
school year program at the Northside Aztlan Community Center in the Recreation Fund.
Reason funds not expensed in 2024: With the timing of the '24 / '25 school year spanning the City's
fiscal years, hiring was delayed until funds were fully appropriated from Ordinance 140, as well as BFO
Offer 46.5.
Ordinance 140 works in conjunction with BFO Offer 46.5 which was approved in the ’25 / ’26 Budget
and appropriates future State revenue as well as expands the Universal Pre-K program by funding the
hiring of 3 new FTEs (start dates in April ’25). Ordinance 140, approved in November ’24, allowed for
the accelerated hiring of 1 new FTE in support of the ’24 / ’25 school year, this position will be funded
through Offer 46.5 from April ’25 forward. The team began the process of hiring 1 new FTE in
November '24, the position was filled and the new employee began in January '25.
22) Recreation Childcare Bus Exterior Wrap & Finishes - $12,790
Purpose for funds: Ordinance 124 was approved in September 2024 appropriating funds ($169,500)
for a new full-sized bus in support of the Recreation department's childcare programs. The bus has
been ordered and this reappropriation is intended to move the remainder of the original appropriation
to fund the expense of exterior wrapping once the bus is received by the City (estimated delivery: 2nd
half of 2025).
Reason funds not expensed in 2024: The lead time for the bus will result in delivery in the 2nd half of
2025, the wrap and finish cannot be awarded and applied until the bus is onsite. The wrap will allow for
the required City specific finishes.
TRANSPORTATION CEF FUND
Engineering
23) Waterfield Fourth Filing Development Reimbursement - $1,413,645
Purpose for funds: These funds are for a developer reimbursement for construction of Suniga Road,
Vine Drive, and Merganser Street improvements and for the dedication of right-of-way for Suniga Road
beyond local access standards.
Reason funds not expensed in 2024: Funds were not expended in 2024 because the City of Fort
Collins has continued to wait for the developer to submit appropriate paperwork for reimbursement.
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City Council Agenda Item Summary – City of Fort Collins Page 10 of 12
TRANSPORTATION SERVICES FUND
FC Moves
24) Foco Fondo Donation - $5,000
Purpose for funds: The annual FoCo Fondo donation to Safe Routes to School is earmarked for new
programming and/or new equipment to help get more kids bicycling in Fort Collins.
Reason funds not expensed in 2024: The funding was not used in 2024 due to the event occurring
after the midway point in the year and needing to wait for the funding to be appropriated. That left no
time to spend the funds on programming in the fall 2024 semester of school and little time to research
and acquire new equipment before the end of the year. These funds will be expended in 2025.
Streets
25) Streets Building Office Remodel- $221,853
Purpose for funds: The purpose of this request is to reappropriate $221,853 for the buildout of the
Streets Department office space. This budget had been set aside in 2024 to create new office space
as the Streets team continues to grow. This expansion is essential to accommodate operational growth
driven by the addition of new crews and staff, including the Timberline Recycling Center team, new
Sweeping/Graffiti crew chief, new Asphalt Crew, new Asphalt Manager, and new Traffic Control
Technicians/Classified Flaggers.
Reason funds not expensed in 2024: Initially, the project was scheduled to begin in 2024, with
Operations Services providing an estimated cost of $268,091. However, the estimate was significantly
higher than anticipated, requiring additional time to identify cost-saving measures and ensure financial
feasibility. Additionally, the pending approval of the 2025-2026 BFO requests for additional FTEs
(Offers 21.7 and 21.8) introduced potential design impacts that needed to be considered before
finalizing the project scope.
The timeline for project initiation was impacted by delays in receiving quotes and the additional effort
required to identify a more cost-effective approach. As a result, construction was unable to begin before
the end of 2024 and the project was delayed to 2025. The Streets Department now has final design
plans in place and is prepared to proceed with the remodel, with an anticipated completion timeline in
late Q3 of 2025. This timeline remains contingent on permitting and contractor availability.
PARKING FUND
Parking Services
26) Civic Center Parking Structure (CCPS) Maintenance Work - $1,093,142
Purpose for funds: Following a 2019 condition assessment, the Civic Center Parking Structure (CCPS)
stairwell was found to have repair needs. Due to the pandemic and resulting financial constraints, a
pause to the maintenance schedule was approved by the contracted structural engineering firm.
Maintenance repairs resumed in 2022, and a subsequent condition assessment identified that the
southeast stairwell had degraded to an unsafe level resulting in its closure to the public in June 2022.
Following the closure, a thorough assessment of the needed repairs, design and cost estimates was
performed. Initial project funds of $1.2M were requested and appropriated in 2024. The funds
requested for reappropriation will be used to complete the necessary repairs to the stairwell.
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City Council Agenda Item Summary – City of Fort Collins Page 11 of 12
Reason funds not expensed in 2024: Funding to repair the CCPS stairwell was approved in September
of 2024 in the amount of $1.2 million. At outset, this work was anticipated to take 1.5 years for
completion and is currently on track to being competed by end of 2025.
DATA & COMMUNICATIONS FUND
Information Technology
27) ERP System Replacement - $249,385
Purpose for funds: This offer will identify the components necessary for the City to implement a
modernized ERP ecosystem, accounting for all readiness components, and will focus on the first two
phases necessary to transform our business processes into a modern solution while minimizing
customizations that exponentially increase implementation and support costs. To succeed this must
become a business-led, technology-enabled transformation and we must plan this modernization in six
key phases: 1) discovery and planning, 2) business process transformation, 3) design and
development, 4) change management and training, 5) testing and implementation, and 6) operational
support.
Maintaining our current platform amplifies the need for high-touch, manual support. Once we implement
a new solution, we will lower our costs, while increasing our ability to support increased needs with no
additional FTEs. A new ERP solution will implement industry best practices necessary to standardize
and streamline processes, reduce costly customization, address talent resiliency while improving our
risk management, and disaster recovery practices, and ensure compliance with our pending end-of-life
support. Also, implementing a standard solution will reduce the 32+ interfaces necessary to support
today.
Reason funds not expensed in 2024: The 2023-2024 funds were not fully utilized due to shifting
priorities and resourcing challenges, as efforts focused on foundational planning, cross-departmental
coordination, and learning from peer municipalities. In 2024, the City held an InfoTech partner led ERP
workshop that brought together key stakeholders to refine the strategic vision, align business needs,
and establish critical priorities for implementation. This workshop has shaped the program launch for
2025 by identifying key requirements, scope and priorities, identifying process gaps, and ensuring
organizational readiness. The 2025 reappropriation will fund a dedicated ERP Project Manager to lead
planning, RFP development, vendor selection, and resourcing. Funds will also help support backfilling
key Finance, HR, and IT roles to allow subject matter experts to focus on ERP selection, and
implementation. This initiative will transition from planning to execution, ensuring project readiness,
structured system design, and phased implementation, ultimately modernizing the City’s ERP system
to improve efficiency, reduce costs, and ensure compliance with end-of-life support requirements.
28) Expansion of Enterprise Service Management System (ESM) - $152,500
Purpose for funds: The original intent of this offer was to extend the "FreshService" I nformation
Technology Service Management (ITSM) portal into an Enterprise Service Management (ESM) portal,
encompassing Human Resources (HR), Operation Services (Operations), Communications & Public
Involvement (CPIO), and Emergency Preparedness & Security (EPS). This centralization and
standardization of service request management would offer all City employees visibility into the status
of service requests, tracked communications, and a consistent framework across departments. The
ongoing cost for licensing will increase $68,500 annually.
Additionally, the implementation of ESM will be through a phased plan and tailored approach, requiring
professional services to assess and create a service delivery practice for the City. The one-time cost
for a 3-month assessment and to begin implementation will be $87,500 for 3rd party professional
services. This investment aligns with our goal of moving from complexity to simplicity by standardizing
service requests, improving transparency, and enabling data-driven service enhancements. ESM will
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City Council Agenda Item Summary – City of Fort Collins Page 12 of 12
streamline cross-department workflows, like onboarding new employees, ensuring a seamless,
employee-centered service experience.
Reason funds not expensed in 2024: The 2023-2024 funds were not fully utilized as the ESM
expansion took longer due to competing priorities across HR, Operations, IT, EPS, and CPIO. During
this period, IT focused on foundational training, process development, and service catalog redesign to
ensure a strong framework for expansion. The 2025 reappropriation is essential to fund guidance and
training, enabling departments to transition successfully. Additionally, these funds will support licensing
for new users as they configure and implement FreshService, ensuring a smooth rollout.
CITY FINANCIAL IMPACTS
This item increases 2025 appropriations by $5,572,540. A total of $1,841,644 is requested for
reappropriation from the General Fund, $1,413,645 is requested from the Transportation CEF Fund,
$1,093,142 is requested from the Parking Fund and $1,224,109 from other funds. Reappropriation requests
represent amounts budgeted in 2024 that could not be encumbered at year-end. The appropriations are
from prior year reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
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Item 2.
- 1 -
ORDINANCE NO. 041, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REAPPROPRIATING FUNDS PREVIOUSLY APPROPRIATED IN
2024 BUT NOT EXPENDED AND NOT ENCUMBERED IN 2024
A. City Council authorized expenditures in 2024 for various purposes in the
General Fund, the 2050 Tax Fund, the Neighborhood Parkland Fund, Conservation Trust
Fund, Cultural Services and Facilities Fund, the Recreation Fund, Transportation Capital
Expansion Fee Fund, the Transportation Services Fund, the Parking Fund, and the Data
and Communications Fund, portions of which were not spent or encumbered in 2024.
B. Article V, Section 11 of the City Charter provides that all appropriations
unexpended or unencumbered at the end of the fiscal year lapse to the applicable general
or special fund, unless it is an appropriation for capital projects or for federal, state, or
private grants or donations that has been previously designated by City Council as a non -
lapsing appropriation.
C. Article V, Section 9 of the City Charter permits the City Council, upo n 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 n ot
previously appropriated.
D. The City Manager has recommended the appropriation described herein
and has determined that the funds to be appropriated as described herein are available
and previously unappropriated from the Funds described herein and will not cause the
total amount appropriated in the Funds as described herein to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in those
Funds during this fiscal year.
E. It is in the best interests of the City and its residents to re-appropriate funds
for the expenditures below, in furtherance of these expenditures and their respective
public purposes authorized in 2024 for which such appropriated funds were not expended
and not encumbered during 2024.
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 ONE MILLION EIGHT HUNDRED FORTY-ONE THOUSAND SIX
HUNDRED FORTY-FOUR DOLLARS ($1,841,644) to be expended in the General Fund
for the following purposes:
Ranked Choice Voting preparation $67,978
Construction Impact Grants $74,500
Page 54
Item 2.
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K9 Donation $8,505
Leadership Summit Donation $90,797
24/7 Homeless Shelter Contribution $1,000,000
Digital Accessibility $71,760
CAO Charter Review $12,500
RLCR Traffic Initiative $146,179
Case Management System (Tyler Tech) $227,912
Edora Pool and Ice Center Hot Water System $85,000
Replace Northside Atzlan Methane Detection System $45,000
Pickleball Donation $11,513
GENERAL FUND TOTAL $1,841,644
Section 2. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund the sum of FIFTY-THREE THOUSAND FOUR
HUNDRED TWENTY-FOUR DOLLARS ($53,424) to be expended in the 2050 Tax Parks
Rec Transit OCF Fund for the following purposes:
Poudre River Health Assessment $53,424
2050 TAX FUND - CLIMATE OCF TOTAL $53,424
Section 3. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund the sum of TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000) to be expended in the 2050 Tax Parks Rec Transit OCF Fund for
the following purposes:
Recreation 2050 Tax CIP Study $250,000
2050 TAX FUND - PARKS & REC TOTAL $250,000
Section 4. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund the sum of FOURTEEN THOUSAND DOLLARS
($14,000) to be expended in the 2050 Tax Parks Rec Transit OCF Fund for the following
purposes:
Transfort Optimization Study $14,000
2050 TAX FUND - TRANSIT TOTAL $14,000
Section 5. There is hereby appropriated from prior year reserves in the
Neighborhood Parkland Fund the sum of EIGHTEEN THOUSAND FIVE HUNDRED
EIGHTY-THREE DOLLARS ($18,583) to be expended in the Neighborhood Parkland
Fund for the following purposes:
Veteran's Plaza Sign Donation $18,583
Page 55
Item 2.
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NEIGHBORHOOD PARKLAND FUND TOTAL $18,583
Section 6. There is hereby appropriated from prior year reserves in the
Conservation Trust Fund the sum of FIFTY-NINE THOUSAND SIX HUNDRED SIXTY-
THREE DOLLARS ($59,663) to be expended in the Conservation Trust Fund for the
following purposes:
Bike Park Feasibility $59,663
CONSERVATION TRUST FUND TOTAL $59,663
Section 7. There is hereby appropriated from prior year reserves in the Cultural
Services and Facilities Fund the sum of ONE HUNDRED THREE THOUSAND THIRTY-
TWO DOLLARS ($103,032) to be expended in the Cultural Services and Facilities Fund
for the following purposes:
Center for Creativity Furniture Donation $91,729
Gardens on Spring Creek APGA Grant for
Community Garden
$11,303
CULTURAL SERVICES AND FACILITIES FUND TOTAL $103,032
Section 8. There is hereby appropriated from prior year reserves in the
Recreation Fund the sum of NINETY-SIX THOUSAND SIX HUNDRED SIXTY-NINE
DOLLARS ($96,669) to be expended in the Recreation Fund for the following purposes:
Recreation Asset Management $53,410
Universal Pre-K $30,469
Childcare Bus Exterior Wrap & Finishes $12,790
RECREATION FUND TOTAL $96,669
Section 9. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of ONE MILLION FOUR HUNDRED
THIRTEEN THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS ($1,413,645) to be
expended in the Transportation Capital Expansion Fee Fund for the following purposes:
Waterfield Fourth Filing Development Reimbursement $1,413,645
TRANSPORTATION CEF FUND TOTAL $1,413,645
Section 10. There is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of TWO HUNDRED TWENTY-SIX THOUSAND
EIGHT HUNDRED FIFTY-THREE DOLLARS ($226,853) to be expended in the
Transportation Services Fund for the following purposes:
Foco Fondo Donation $5,000
Page 56
Item 2.
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Streets Building Office Remodel $221,853
TRANSPORTATION SERVICES FUND TOTAL $226,853
Section 11. There is hereby appropriated from prior year reserves in the Parking
Services Fund the sum of ONE MILLION NINTEY-THREE THOUSAND ONE HUNDRED
FORTY-TWO DOLLARS ($1,093,142) to be expended in the Parking Services Fund for
the following purposes:
CCPS Maintenance Work $1,093,142
PARKING FUND TOTAL $1,093,142
Section 12. There is hereby appropriated from prior year reserves in the Data
and Communications Fund the sum of FOUR HUNDRED ONE THOUSAND EIGHT
HUNDRED EIGHTY-FIVE DOLLARS ($401,885) to be expended in the Data and
Communications Fund for the following purposes:
ERP System Replacement $249,385
Expansion of Enterprise Service Management
System (ESM)
$152,500
DATA & COMMUNICATIONS FUND TOTAL $401,885
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Dianne Criswell
Page 57
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 042, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers Related to 49 U.S.C. § 5339(b) Program Funding for Accessibility
Enhancements to the Transit System.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports Transfort
in enhancing accessibility throughout the Transfort system by:
• Appropriating $2,411,550 in unanticipated grant revenue awarded to Transfort by the Federal
Transit Administration (FTA);
• Transferring $222,450 from the Community Capital Improvement Program (CCIP) Bus Stop
Improvements to the Transit Service Fund where it will serve as local match for federal grant
funding; and
• Appropriating a development contribution to construction of $193,000 from CSU ’s Alternative
Transportation Fee Advisory Board (ATFAB) to serve as local match for federal grant funding.
Transfort secured $2,411,550 in competitive grant funding from the FTA to enhance
accessibility and improve transit infrastructure, ensuring compliance with the Americans with
Disabilities Act of 1990 (ADA) throughout the Transfort system. These improvements align with
the City’s commitment to providing equitable, accessible, and inclusive transit services for all
community members.
Page 58
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Annabelle Phillips, Assistant Director, Transfort
Monica Martinez, Manager, PDT Finance
SUBJECT
Second Reading of Ordinance No. 042, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers Related to 49 U.S.C. § 5339(b) Program Funding for Accessibility Enhancements to the
Transit System.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports Transfort in
enhancing accessibility throughout the Transfort system by:
• Appropriating $2,411,550 in unanticipated grant revenue awarded to Transfort by the Federal Transit
Administration (FTA);
• Transferring $222,450 from the Community Capital Improvement Program (CCIP) Bus Stop
Improvements to the Transit Service Fund where it will serve as local match for federal grant funding; and
• Appropriating a development contribution to construction of $193,000 from CSU’s Alternative
Transportation Fee Advisory Board (ATFAB) to serve as local match for federal grant funding.
Transfort secured $2,411,550 in competitive grant funding from the FTA to enhance accessibility and
improve transit infrastructure, ensuring compliance with the Americans with Disabilities Act of 1990 (ADA)
throughout the Transfort system. These improvements align with the City’s commitment to providing
equitable, accessible, and inclusive transit services for all community members.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
On February 8, 2024, the Federal Transit Administration (FTA) announced approximately $390 million in
funding through its Grants for Buses and Bus Facilities Competitive Program (49 U.S.C. § 5339(b)),
designed to support the rehabilitation and construction of bus-related facilities.
Transfort, in partnership with Colorado State University (CSU), applied for and was awarded $2,411,550
in Fiscal Year 2024 § 5339(b) funding. This grant requires a local match of $415,450, which will be met
Page 59
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
using $222,450 of Community Capital Improvement Program (CCIP) Fund for Bus Stop Improvements and
$193,000 provided by CSU’s Alternative Transportation Fee Advisory Board (ATFAB).
The awarded and local matching funds will be used to enhance accessibility of the Transfort system and
improve transit infrastructure, ensuring enhanced compliance with the Americans with Disabilities Act
(ADA). Transfort will utilize the award to upgrade concrete pads at existing bus stops, purchase and install
amenities, improve the concrete infrastructure at the Downtown Transit Center, and construct n ew ADA-
compliant bus stops to accommodate future transit expansion north.
Transfort also negotiated an Intergovernmental Agreement (IGA) with CSU, in which CSU has agreed to
provide the local match for the portion of § 5339(b) funds that have been committed to the improvement of
existing bus stops within CSU’s jurisdiction as well as the purchase and installation of shelters. This IGA
was fully executed on March 2, 2025.
These improvements will help promote social equity by making public transit services more accessible to
individuals of all abilities. Additionally, the enhancements align with the City’s strategic goals to advance
equity, remove systemic barriers, and ensure individuals of all ages and abilities can engage in the
community. The project also invests in equitable access to sustainable modes of travel and essential
services.
CITY FINANCIAL IMPACTS
This Ordinance will 1) appropriate $2,411,550 in unanticipated federal grant revenue, 2) transfer $222,450
in CCIP Bus Stop Improvements Funds to the Transit Services Fund to cover a portion of the local match
required for this project, and 3) appropriate a development contribution to construction of $193,000 from
CSU’s ATFAB to cover CSU’s contribution to the local match.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 60
Item 3.
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ORDINANCE NO. 042, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS RELATED TO 49 U.S.C. § 5339(b) PROGRAM
FUNDING FOR ACCESSIBILITY ENHANCEMENTS TO THE
TRANSIT SYSTEM
A. Transfort and Colorado State University (“CSU”) provide coordinated public
transit services within the City’s municipal boundaries and growth management area,
including constructing and maintaining bus stop facilities for the public and students of
CSU.
B. Transfort is working to upgrade bus stops throughout its service area to
improve Americans with Disabilities Act of 1990 (“ADA”) accessibility and purchase new
transit amenities, creating a more inclusive and welcoming environment for all riders of
public transit (the “Project”).
C. To support the Project, Transfort applied for and was awarded $2,411,550
in Fiscal Year 2024 grant funding (the “Grant”) through the Federal Transit
Administration’s (“FTA”) Grants for Buses and Bus Facilities Competitive Program (49
U.S.C. § 5339(b)), which requires a local match of $415,450.
D. Transfort will utilize the award and local match to upgrade concrete pads at
existing bus stops, purchase and install transit amenities, improve the concrete
infrastructure at the Downtown Transit Center, and construct new ADA-compliant bus
stops to accommodate future northward expansion of the Transfort system.
E. A portion of the local match is being transferred from the Community Capital
Improvement Program Fund in the amount of $222,450.
F. Transfort also anticipates receiving a $193,000 contribution for the local
match from CSU pursuant to an IGA, which will reimburse the appropriated local matching
funds for the portion of the Grant that has been committed to the improvement of nineteen
existing bus stops within CSU’s jurisdiction as well as the purchase and installation of
shelters. This portion of the local match is being appropriated as new and unanticipated
revenue, to be provided by CSU’s Alternative Transportation Fee Advisory Board
(“ATFAB”).
G. This appropriation benefits public health, safety, and welfare of the
residents of Fort Collins and the traveling public and serves the public purpose by
improving accessibility of the public transit system, removing systemic barriers, investing
in equitable access to sustainable modes of travel and essential services , and ensuring
individuals of all ages and abilities can engage in the community.
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
Page 61
Item 3.
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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 the funds to be appropriated are available and previously
unappropriated from the Transit Services Fund and that this appropriation will not cause
the total amount appropriated in the Transit Services Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
J. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Community Capital Improvement Projects Fund and that this
appropriation will not cause the total amount appropriated in the Community Capital
Improvement Projects Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
K. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
L. The City Manager has recommended the transfer of $222,450 from the
Community Capital Improvement Program Fund to the Transit Services Fund and
determined that the purpose for which the transferred funds are to be expended remains
unchanged.
M. All of the funds appropriated in this Ordinance for the Project are ineligible
for use in the APP Program due to restrictions placed on them by the Federal Transit
Authority and Colorado State University Funds, the source of these funds.
N. 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.
O. The City Council wishes to designate the appropriation herein for
Accessibility Enhancements to the Transit System as an appropriation that shall not lapse
Page 62
Item 3.
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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
Transit Services Fund the sum of TWO MILLION FOUR HUNDRED ELEVEN
THOUSAND FIVE HUNDRED FIFTY DOLLARS ($2,411,550) to be expended in the
Transit Services Fund for Accessibility Enhancements to the Transit System.
Section 2. There is hereby appropriated from new revenue or other funds in the
Transit Services Fund the sum of ONE HUNDRED NINETY-THREE THOUSAND
DOLLARS ($193,000) to be expended in the Transit Services Fund for Accessibility
Enhancements to the Transit System.
Section 3. There is hereby appropriated from prior year reserves in the
Community Capital Improvement Program Fund the sum of TWO HUNDRED TWENTY-
TWO THOUSAND FOUR HUNDRED FIFTY DOLLARS ($222,450) to be expended in
the Community Capital Improvement Program Fund for transfer to the Transit Services
Fund for Accessibility Enhancements to the Transit System.
Section 4. The appropriation herein for Accessibility Enhancements to the
Transit System is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 63
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 043, 2025, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, requests an
appropriation of $26,632 in philanthropic revenue received by City Give. These miscellaneous
gifts to various City departments support a variety of programs and services and are aligned
with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 64
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 043, 2025, Appropriating Prior Year Reserves and Unanticipated
Philanthropic Revenue Received Through City Give for Various Programs and Services as
Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, requests an appropriation of
$26,632 in philanthropic revenue received by City Give. These miscellaneous gifts to various City
departments support a variety of programs and services and are aligned with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations totaling $26,632 to support various
departments, and these funds are currently unappropriated. As acknowledged by Section 2.5 of the City's
Fiscal Management Policy 2-revenue approved by City Council, the City Manager has adopted the
Philanthropic Governance Policy to provide for the responsible and efficient management of charitable
donations to the City.
This item requests an appropriation of $26,632 in philanthropic revenue received by City Give as follows:
Gifts totaling $15,607 received from the Lincoln Center Support League for the Lincoln Center. In addition,
gifts totaling $11,025 were received for various programs and services, including gifts for Forestry,
NextGen, Parks, Payment Assistance Fund, and The Gardens on Spring Creek.
Page 65
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The respective donors have directed the city to use these generous donations for designated purposes
within and to benefit City service areas and programs.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $26,632 in new philanthropic revenue received by City Give for various
City departments to support various programs and services. $2,000 of the revenue was received in late
2024 and the remaining $24,632 was received in 2025.
The donations shall be expended from the designated fund solely for the donors’ directed intent. 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 in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 66
Item 4.
-1-
ORDINANCE NO. 043, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND
UNANTICIPATED PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR VARIOUS PROGRAMS AND
SERVICES AS DESIGNATED BY THE DONORS
A. The City has received generous donations in 2024 and 2025 through its City
Give program, both large and modest, as philanthropic gifts to the public and the City
programs and activities to serve the community.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting programs throughout
the city, including, but not limited to, volunteer services, cultural and arts, parks and
recreation police services, conflict transformation, and forestry.
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 fun ds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
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 appropriations described in
Sections 1 and 2 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the funds named in
Sections 1 and 2 and will not cause the total amount appropriated in each such fund to
exceed the current estimate of actual and anticipated revenues to be received in those
funds 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, a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the f iscal year in which the
appropriation is made, but continue until the earlier of the expiration of the donation or the
City’s expenditure of all funds received from such donation .
G. The City Council wishes to designate the appropriation herein for the
donations to the Payment Assistance Fund as appropriations that shall not lapse until the
Page 67
Item 4.
-2-
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such 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 the following funds these amounts
of philanthropic revenue held in prior year reserves to be expended as designated by the
donors in support of the various City programs and services as described in the Agenda
Item Summary.
Section 2. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2025 to be expended as designated by the donors in
support of the various City programs and services as described in the Agenda Item
Summary.
Section 3. The appropriation herein for the donations to the Payment
Assistance Fund are hereby designated, as authorized in Article V, Section 11 of the City
Charter, as appropriations that shall not lapse at the end of this fiscal year but until the
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such donation.
General Fund $ 1,500
Light and Power, donations to the
Payment Assistance Fund $ 500
General Fund $ 7,900
Light and Power, donations to the
Payment Assistance Fund $ 75
Natural Areas Fund $ 50
Cultural Services and Facilities Fund $ 16,607
Page 68
Item 4.
-3-
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Dianne Criswell
Page 69
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 044, 2025, Appropriating Prior Year Reserves in the
General Fund for Electric Vehicle Infrastructure Cost-sharing Fee Credits for Affordable
Housing.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, continues funding
for the pilot program providing Electrical Vehicle (EV) Infrastructure Offset Fee Credits for
qualifying affordable housing projects. Originally, Council appropriated $238,000 in 2022 and
the balance of the funds were reappropriated in the 2023 and 2024 Reappropriation
Ordinances. This item requests a supplemental appropriation for the remaining balance of
$200,000 to continue the pilot program.
Page 70
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Vanessa Fenley, Sr. Housing Manger
Josh Birks, Deputy Director, Sustainability Services
SUBJECT
Second Reading of Ordinance No. 044, 2025, Appropriating Prior Year Reserves in the General
Fund for Electric Vehicle Infrastructure Cost-sharing Fee Credits for Affordable Housing.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, continues funding for the pilot
program providing Electrical Vehicle (EV) Infrastructure Offset Fee Credits for qualifying affordable housing
projects. Originally, Council appropriated $238,000 in 2022 and the balance of the funds were
reappropriated in the 2023 and 2024 Reappropriation Ordinances. This item requests a supplemental
appropriation for the remaining balance of $200,000 to continue the pilot program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
In 2022, the City adopted the 2021 International Building Code with local amendments. One of those local
amendments imposes requirements for electric vehicle infrastructure that exceeds those required by the
Colorado Housing and Finance Authority for affordable housing developments. For that reason, Council
directed staff to create a pilot program providing fee credits to fund the incremental cost to offset the
additional cost of compliance with the local amendment and appropriated $238,000 for this purpose. (See
Attachment – Ordinance No. 057, 2022).
To date, two projects have applied for and received fee credits to offset the cost of electric vehicle
infrastructure. Those fee credits totaled about $38,000. The balance of initial funding was included in the
2023 and 2024 Reappropriation Ordinances but pursuant to guidance from the Budget Office we are
seeking a separate supplemental appropriation here for the remaining $200,000 unexpended funds.
Affordable housing projects being developed under the 2021 International Building Code will be required
to provide the additional electric vehicle infrastructure and will thereby qualify for the fee credits. The local
requirements still exceed those required by the Colorado Housing and Finance Authority. If appropriated,
this amount could provide offsets to approximately 10 projects depending on the number of parking spaces
provided.
Page 71
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This appropriation would provide $200,000 from the General Fund Reserves to continue the pilot program
providing partial cost-sharing for electric vehicle infrastructure. This amount continues and does not add to
the original appropriation for this program.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Between First and Second Reading for adoption of the international Building Code, City staff engaged with
several groups together additional input about the Electric Vehicle Requirements for affordable housing
developments:
Affordable housing Providers Group -2/18/2022
Housing Catalyst – 2/24/2022 and 3/8/2022
Affordable Housing Board – 3/3/2022
Downtown Development Authority – 3/25/2022
Suggestions from these group encouraged alignment with the requirements of the Colorado Housing and
Finance Authority and if not, to include a mechanism to offset the additional cost for affordable housing
developments.
PUBLIC OUTREACH
In 2022, staff also conducted informal consultations with several affordable housing developers, who
agreed with the suggestions noted above.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 72
Item 5.
-1-
ORDINANCE NO. 044, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND FOR ELECTRIC VEHICLE INFRASTRUCTURE COST-
SHARING FEE CREDITS FOR AFFORDABLE HOUSING
A. Through Ordinance No. 057, 2022, City Council appropriated $238,000 to
create a pilot program to provide fee credits for affordable housing develop ments to offset
the cost of City-imposed electric vehicle infrastructure requirements. These requirements
came into effect through the City’s adoption of the 2021 International Building Code.
B. To date, approximately $38,000 of the original appropriation has been
expended to support the installation of electric vehicle infrastructure at affordable housing
developments. To continue the pilot project, the remaining $200,000 must be
appropriated through a supplemental appropriation. This appropriation would fund about
ten new electric vehicle infrastructure projects, depending on the number of parking
spaces provided in each project.
C. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the development of
affordable housing with electric vehicle infrastructure.
D. 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.
E. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation 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 TWO HUNDRED THOUSAND DOLLARS ($200,000) to be expended in
the General Fund for the electric vehicle infrastructure cost-sharing fee credits for
Affordable Housing.
Page 73
Item 5.
-2-
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Ted Hewitt
Page 74
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 045, 2025, Making Supplemental Appropriation and
Authorizing Transfer of Appropriation Related to FASTER Transit Program Funding for
the FLEX Regional Route Operating Costs.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports operating
expenses for Transfort’s commuter FLEX Regional Routes by:
1) Appropriating $300,000 in unanticipated grant revenue awarded to Transfort by the Colorado
Department of Transportation (CDOT) through its Fiscal Year 2024 (FY24) Funding
Advancements for Surface Transportation and Economic Recovery Act of 2009 (FASTER)
Transit Grant Program; and
2) Transferring $300,000 of previously appropriated Transfort operational funds to meet the
local match requirement for the FY24 FASTER grant.
Page 75
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Annabelle Phillips, Assistant Director, Transfort
Monica Martinez, Manager, Finance
SUBJECT
Second Reading of Ordinance No. 045, 2025, Making Supplemental Appropriation and Authorizing
Transfer of Appropriation Related to FASTER Transit Program Funding for the FLEX Regional
Route Operating Costs.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports operating expenses
for Transfort’s commuter FLEX Regional Routes by:
1) Appropriating $300,000 in unanticipated grant revenue awarded to Transfort by the Colorado
Department of Transportation (CDOT) through its Fiscal Year 2024 (FY24) Funding Advancements for
Surface Transportation and Economic Recovery Act of 2009 (FASTER) Transit Grant Program; and
2) Transferring $300,000 of previously appropriated Transfort operational funds to meet the local match
requirement for the FY24 FASTER grant.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Transfort's commuter FLEX Regional Routes contribute greatly to the transportation community in Northern
Colorado, serving the citizens of Fort Collins, Loveland, Longmont, Berthoud, Boulder and smaller
population centers in between. FLEX service provides five trips each weekday between Fort Collins and
Boulder, two in the morning and three in the afternoon/evening. Beginning in 2021 FLEX service was
expanded to add an additional mid-day round trip on weekdays and weekend service to Boulder with two
morning trips and two evening trips on Saturday and Sunday. Ridership of FLEX Regional Routes has
continued to increase since its initial launch in 2009, demonstrating the demand for transit service between
these communities in Northern Colorado. In FY24, CDOT awarded the City of Fort Collins a $300,000 grant
from the Statewide Competitive Pool of the FASTER Transit Program. The grant requires a 50% local
match of $300,000 which will be met using previously appropriated operating funds. The grant funds and
the local match will be dedicated to the operating expenses for FLEX Regional Routes, including fuel,
payroll costs, administrative and overhead outlays. The total $600,000 will contribute to the overall
operating cost of approximately $2.25 million for FLEX.
Page 76
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Transfort maintains intergovernmental agreements with each partner agency (Loveland, Berthoud,
Longmont, City of Boulder, and Boulder County). The agencies’ contributions are based on the ridership
levels of each municipality and contribute to the annual operating costs. The $300,000 local match for the
FY24 FASTER grant will contribute toward the City of Fort Collins’ share.
CITY FINANCIAL IMPACTS
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 77
Item 6.
- 1 -
ORDINANCE NO. 045, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION AND
AUTHORIZING TRANSFER OF APPROPRIATION RELATED TO
FASTER TRANSIT PROGRAM FUNDING FOR THE FLEX
REGIONAL ROUTE OPERATING COSTS
A. Transfort’s commuter FLEX regional bus routes contribute greatly to the
transportation community in Northern Colorado by serving residents of Fort Collins,
Loveland, Longmont, Berthoud, Boulder and smaller population centers along the routes.
B. The Colorado Department of Transportation (“CDOT”) awarded the City a
$300,000 grant from the Fiscal Year 2024 Statewide Competitive Pool of the Funding
Advancement for Surface Transportation and Economic Recovery Act of 2009 (“FY24
FASTER”) Transit Program (the “Grant”), which requires a local match of $300,000.
C. Transfort will utilize the total project funds of $600,000, including the Grant
and local match, to contribute toward the overall operating costs of approximately
$2,250,000 for FLEX service in 2025, which annual operating costs are paid by
contributions from the regional partner agencies (Fort Collins, Loveland, Berthoud,
Longmont, City of Boulder, and Boulder County).
D. The local match is being transferred from the Transit Services Fund
Operating Budget in the amount of $300,000 and will specifically contribute toward
Transfort’s share of the annual operating costs for FLEX service.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and the traveling public and serves th e public purpose of
facilitating transit service for residents and others among surrounding communities .
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by o rdinance
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.
G. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Transit Services Fund and that this appropriation will not cause
the total amount appropriated in the Transit Services Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
Page 78
Item 6.
- 2 -
H. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
I. The City Manager has recommended the transfer of $300,000 from the
Transit Services Operating Budget Fund to the Transit Services Fund Grant Budget and
determined that the purpose for which the transferred funds are to be expended remains
unchanged.
J. 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 p rivate 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.
K. The City Council wishes to designate the appropriation herein for FASTER
Grant funds as an appropriation that shall not lapse or 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
Transit Services Fund the sum of THREE HUNDRED THOUSAND DOLLARS ($300,000)
to be expended in the Transit Services Fund for FLEX Regional Route Operating Costs.
Section 2. The unexpended and unencumbered appropriated amount of
THREE HUNDRED THOUSAND DOLLARS ($300,000) is authorized for transfer from
the Transit Services Fund Operating Budget to the Transit Services Fund Grant Budget
and appropriated therein to be expended for Local Match for the FLEX Regional Route
Operating Costs.
Section 3. The appropriation herein for FASTER 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.
Page 79
Item 6.
- 3 -
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 80
Item 6.
File Attachments for Item:
7. Second Reading of Ordinance No. 046, 2025, Making a Supplemental Appropriation of
Multimodal Transportation and Mitigations Options Fund Grant Revenue for the Foothills
Transit Station Project.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, appropriates
unanticipated grant revenue awarded to Transfort by the North Front Range Metropolitan
Planning Organization (NFRMPO). Transfort secured $317,669 in discretionary state grant
funding to construct the Foothills Transit Station and Roundabout, including design, electrical,
right-of-way (ROW) acquisition costs, and related expenses, at the intersection of Overland Trail
and West Elizabeth Street adjacent to Colorado State University’s (CSU) Foothills Campus. The
Foothills Transit Station will serve as the western terminus for multiple local and regional routes
as well as the future West Elizabeth Bus Rapid Transit (BRT) line.
Page 81
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Annabelle Phillips, Assistant Director, Transfort
Monica Martinez, Manager, PDT Finance
SUBJECT
Second Reading of Ordinance No. 046, 2025, Making a Supplemental Appropriation of Multimodal
Transportation and Mitigations Options Fund Grant Revenue for the Foothills Transit Station
Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, appropriates unanticipated
grant revenue awarded to Transfort by the North Front Range Metropolitan Planning Organization
(NFRMPO). Transfort secured $317,669 in discretionary state grant funding to construct the Foothills
Transit Station and Roundabout, including design, electrical, right-of-way (ROW) acquisition costs, and
related expenses, at the intersection of Overland Trail and West Elizabeth Street adjacent to Colorado
State University’s (CSU) Foothills Campus. The Foothills Transit Station will serve as the western terminus
for multiple local and regional routes as well as the future West Elizabeth Bus Rapid Transit (BRT) line.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
On October 4, 2024, the NFRMPO announced approximately $4.5 million in funding through the Multimodal
Transportation and Mitigations Options Fund (MMOF), a funding source initially e stablished with Senate
Bill (SB) 18-001 and amended with SB 21-260. Transfort was awarded $317,669 in Fiscal Year (FY) 2025
and 2026 MMOF grant funding to be used as match for the Foothills Transit Station project. These funds
are administered through the Colorado Department of Transportation (CDOT).
The MMOF funding will be used to construct the Foothills Transit Station and Roundabout at the
intersection of Overland Trail and West Elizabeth Street adjacent to Colorado State University’s (CSU)
Foothills Campus, including design, electrical, and ROW acquisition costs and related expenses. This
station will serve as the western terminus for multiple local and regional routes as well as the future West
Elizabeth BRT line. In addition to the funding listed in the Financial Impacts section below, CSU will be
donating the land where the station will be constructed in the form of a land-lease to be used as additional
local match, currently valued at approximately $750,000. Transfort will be utilizing the MMOF award as
additional local match to leverage against its FY23 Rebuilding American Infrastructure with Sustainability
and Equity (RAISE) federal grant award, which was previously appropriated as part of the 2025-2026
Page 82
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Budgeting for Outcomes (BFO) Process (Offer #: 65.18). A total of $12,921,555 was awarded by the
Department of Transportation (DOT) in FY23 RAISE funds, with $2,207,985 required in local match.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $317,669 in unanticipated state grant revenue to be used as local match
for the City’s FY23 RAISE grant award, which was previously appropriated as part of the 2025-2026 BFO
Process. The following is a summary of the funding anticipated for the Foothills Transit Station project
(value of CSU land match is not represented as the value is not yet confirmed):
*Total Proposed Project Funds indicates the total amount of funding that will be available to the project if
this appropriation is approved.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 83
Item 7.
-1-
ORDINANCE NO. 046, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF
MULTIMODAL TRANSPORTATION AND MITIGATIONS
OPTIONS FUND GRANT REVENUE FOR THE FOOTHILLS
TRANSIT STATION PROJECT
A. The Foothills Transit Station and Roundabout project (the “Project”), at the
intersection of Overland Trail and West Elizabeth Street adjacent to Colorado State
University’s Foothills Campus, will serve as the western terminus for multiple local and
regional routes as well as the future West Elizabeth Bus Rapid Transit (“BRT”) line.
B. The Project will also serve as a mobility hub with bicycle parking,
opportunities for bike and scooter shares, micro-transit pick-ups and drop-offs, and
nearby parking for commuters.
C. Implementation of the Project prior to the full build out of the West Elizabeth
Corridor will allow Transfort to optimize and realign several existing routes in the West
Elizabeth Corridor to better serve the community.
D. The North Front Range Metropolitan Planning Organization (“NFRMPO”)
awarded Transfort $317,669 in Fiscal Years 2025 and 2026 Multimodal Transportation
and Mitigation Options Fund (“FY25/FY26 MMOF”) grant funding, which grant is managed
by the Colorado Department of Transportation (“CDOT”), to be used toward construction
work for the Project, including design, electrical, and right-of-way acquisition costs and
related expenses.
E. Transfort was previously awarded a Fiscal Year 2023 Rebuilding American
Infrastructure with Sustainability and Equity (“FY23 RAISE”) grant ($10.7M) for
construction of the Project, which award requires a local match in excess of $2.2M. The
FY23 RAISE grant was previously appropriated as part of the City’s 2025 through 2026
Budgeting for Outcomes Process.
F. The City will utilize the FY25/FY26 MMOF grant to provide for a portion of
the local match for the FY23 RAISE grant.
G. This appropriation benefits public health, safety, and welfare of the
residents of Fort Collins and the traveling public and serves the public purpose by
improving multimodal transportation infrastructure, safety, and accessibility within the
City, as well as adding the potential for improved transit services throughout the entire
West Elizabeth Corridor.
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 supplem ental
Page 84
Item 7.
-2-
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 the funds to be appropriated are available and previously
unappropriated from the Transit Services Fund and that this appropriation will not cause
the total amount appropriated in the Transit Services Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
J. All of the funds appropriated in this Ordinance for the Project are ineligible
for use in the Art in Public Places Program due to restrictions placed on them by the
CDOT, the source of these funds.
K. 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 re ceived from such
grant or donation.
L. The City Council wishes to designate the appropriation herein for the
Colorado Department of Transportation MMOF Grants as an appropriation that shall not
lapse 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
Transit Services Fund the sum of THREE HUNDRED SEVENTEEN THOUSAND SIX
HUNDRED SIXTY-NINE DOLLARS ($317,669) to be expended in the Transit Services
Fund for the Foothills Transit Station Project.
Section 2. The appropriation herein for the Colorado Department of
Transportation MMOF 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.
Page 85
Item 7.
-3-
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 86
Item 7.
File Attachments for Item:
8. Second Reading of Ordinance No. 047, 2025, Appropriating Prior Year Reserves in the
Parking Fund for Hourly Expenses.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, appropriates prior
year reserves from the Parking Fund to support 2025 hourly salaries.
Page 87
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Monica Martinez, Sr. Manager, PDT Finance
Eric Keselburg, Sr. Manager, Parking Services
SUBJECT
Second Reading of Ordinance No. 047, 2025, Appropriating Prior Year Reserves in the Parking Fund
for Hourly Expenses.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, appropriates prior year
reserves from the Parking Fund to support 2025 hourly salaries.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Parking Services has historically budgeted for hourly positions, however, during the 2025/2026 Budgeting
for Outcomes (BFO) process, hourly salaries for Parking Services were omitted in error. This Ordinance
will appropriate $108,306 in prior year Parking Fund Reserves to support Parking Services’ hourly budg et
for the 2025 fiscal year. This amount is equal to Parking Services’ 2024 hourly spend with a 3.5%
inflationary factor.
CITY FINANCIAL IMPACTS
This item will appropriate $108,306 in prior year Parking Fund Reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 88
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 89
Item 8.
- 1 -
ORDINANCE NO. 047, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE PARKING
FUND FOR HOURLY EXPENSES
A. The City’s Parking Services has historically budgeted salaries for hourly
positions during the City’s annual Budgeting for Outcomes (“BFO”) process.
B. During the 2025/2026 BFO process, hourly salaries for Parking Services
were omitted in error.
C. Parking Services’ hourly budget for the 2025 fiscal year is equal to Parking
Services’ hourly spend during the 2024 fiscal year with a 3.5 percent inflationary factor.
D. The budget shortfall is $108,306.
E. These funds are available from the Parking Services Fund prior year
reserves.
F. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of funding the salary
compensation of the City’s Parking Services staff.
G. 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.
H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Parking Fund and that this appropriation will not cause the total
amount appropriated in the Parking 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 Parking
Services Fund the sum of ONE HUNDRED EIGHT THOUSAND THREE HUNDRED SIX
DOLLARS: ($108,306) to be expended in the Parking Services Fund for Parking Services
Hourly Expenses.
Page 90
Item 8.
- 2 -
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 91
Item 8.
File Attachments for Item:
9. Second Reading of Ordinance No. 048, 2025, Making a Supplemental Appropriation for
the Carpenter and Timberline Intersection Project.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, enables the City to
receive and expend Federal funds for the Carpenter and Timberline Intersection project
(Project). The funds will be used for design and construction of improvements at the intersection
of Carpenter Road and Timberline Road. If adopted, the item will appropriate $2,082,608 of
Highway Safety Improvement Program (HSIP) grant funds to the Project. Resolution 2025-015
was adopted on March 18, 2025, authorizing the Mayor to execute an amendment to the
Intergovernmental Agreement (IGA) for the Project with Colorado Department of Transportation
(CDOT).
The Project will not appropriate any money to the Art in Public Places Program as the Project is
100% grant funded at this time.
Page 92
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Project Manager
SUBJECT
Second Reading of Ordinance No. 048, 2025, Making a Supplemental Appropriation for the
Carpenter and Timberline Intersection Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, enables the City to receive
and expend Federal funds for the Carpenter and Timberline Intersection project (Project). The funds will
be used for design and construction of improvements at the intersection of Carpenter Road and Timberline
Road. If adopted, the item will appropriate $2,082,608 of Highway Safety Improvement Program (HSIP)
grant funds to the Project. Resolution 2025-015 was adopted on March 18, 2025, authorizing the Mayor to
execute an amendment to the Intergovernmental Agreement (IGA) for the Project with Colorado
Department of Transportation (CDOT).
The Project will not appropriate any money to the Art in Public Places Program as the Project is 100%
grant funded at this time.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The intersection of Carpenter Road and Timberline Road has significant congestion, and this congestion
often causes traffic to backup westbound more than a half mile. The westbound right turn auxiliary lane
creates significant conflicts and crash problems particularly during the congested time periods.
There have been 42 reported accidents reported from 2020 through 2022 at the intersection of Carpenter
and Timberline. Most of the reported accidents at this intersection are rear end crashes that occurred when
traffic is backed up.
The improvements proposed for this Project will create space intended to eliminate most of the conflicts
that result in crashes at the Carpenter and Timberline Intersection.
Page 93
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Carpenter and Timberline Intersection project.
The total fund amount projected for this Project is $2,778,893 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff will present the Project to the Transportation Board later in 2025 as the conceptual design is
completed.
PUBLIC OUTREACH
Staff will work with the Communication and Public Involvement Office (CPIO) to develop a comprehensive
outreach and communication plan for the Project. The Project will be presented to the public at the
Transportation Projects Fair on March 6, 2025.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Highway Safety Improvement Program (HSIP) Grant Funds 696,285$
Total Prior Appropriation 696,285$
Highway Safety Improvement Program (HSIP) Grant Funds 2,082,608$
Total Funds to be Reappropriated per this Action 2,082,608$
Total Project Funds 2,778,893$
Prior Appropriated Funds
Funds to be Reappropriated per this Action
Page 94
Item 9.
- 1 -
ORDINANCE NO. 048, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION FOR THE
CARPENTER AND TIMBERLINE INTERSECTION PROJECT
A. The Carpenter Road and Timberline Road intersection is the site of
significant congestion in the westbound Carpenter Road turning lane onto northbound
Timberline Road, often causing traffic to back up westbound for more than half a mile.
B. The westbound right-turn auxiliary lane on Carpenter Road results in
significant crashes particularly during congested time periods, with a majority of the
reported accidents being rear end crashes that occur when traffic is backed up .
C. The Carpenter and Timberline Intersection Project (the “Project”) has been
developed to address these safety concerns and eliminate most of the conflicts presented
by this intersection that result in crashes.
D. The Project’s proposed improvements include construction of a multi-lane
roundabout, which will create more space for cars, reducing queuing for turns and
reducing overall congestion, thereby mitigating the related rear end crashes and fixed
object collisions.
E. In 2020, the City was awarded fiscal year 2023 Highway Safety
Improvement Program (“HSIP”) grant funds through the North Front Range Metropolitan
Planning Organization (“NFRMPO”) and (“HISP Funds”) the Colorado Department of
Transportation (“CDOT”) for the design, right-of-way acquisition, and construction of the
Project. The HISP Funds became available to the City in the State fiscal year 2023 and
were appropriated via City Council Ordinance No. 051, 2023.
F. Later in 2023 the Project was analyzed through CDOT’s Intersection Control
Assessment Tool which determined that a multilane roundabout would best serve the
intersection given the crash data and traffic volumes, and CDOT approved additional
HSIP grant funds for the City of Fort Collins to use toward the design, right-of-way
acquisition, and construction of the Project. The HSIP funding that is the subject of this
ordinance came available in the State Fiscal year of 2025 (July 2024). The additional
HSIP award is 100% federal funding totaling $2,082,608.
G. HSIP grant funds are administered by CDOT with project delivery oversight
pursuant to an intergovernmental agreement and an amendment to that agreement
between CDOT and the City.
H. The purpose of this ordinance is to enable the City to receive, appropriate
and expend the additional HSIP grant funds.
Page 95
Item 9.
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I. 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.
J. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Capital Projects fund and that this appropriation will not cause
the total amount appropriated in the Capital Projects fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this fund during
this fiscal year.
K. The funds appropriated in this Ordinance for the Project are ineligible for
use in the Art in Public Places program due to restrictions placed on them by the HSIP
grant administered by the Colorado Department of Transportation.
L. 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 whi ch
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.
M. The City Council wishes to designate the appro priation herein from the
Highway Safety Improvement Program grant funds 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.
N. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure and safety within the City.
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
Capital Projects fund the sum of TWO MILLION EIGHTY-TWO THOUSAND SIX
HUNDRED EIGHT DOLLARS ($2,082,608) to be expended in the Capital Projects fund
for the Carpenter and Timberline Intersection Project.
Section 2. The appropriation herein for the Highway Safety Improvement
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
Page 96
Item 9.
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until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Heather N. Jarvis
Page 97
Item 9.
File Attachments for Item:
10. Second Reading of Ordinance No. 049, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers to be Used as Local Match for Carbon Reduction Program Funding
for ADA Bus Stop Improvements Projects.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports Transfort
in enhancing accessibility at bus stops in Transfort’s service area.
The City was awarded $538,447 in Carbon Reduction Program (CRP) grant funds from the
Colorado Department of Transportation (CDOT) in support of Transfort performing bus stop
improvements along Regionally Significant Corridors. The awarded funds and required local
match of $111,930 will support design, right-of-way (ROW) acquisition, the construction of
concrete pads, and the installation of amenities such as shelters, benches, bike racks, and trash
cans.
Approval of this item would support the City in enhancing accessibility at Transfort bus stops by
transferring $100,000 from the Community Capital Improvement Program Fund (CCIP) to the
Transit Services Fund for ADA Bus Stop Improvements Projects where it will serve as local
match for previously appropriated CRP Grant Funds. Resolution 2025-016 was adopted on
March 18, 2025, authorizing the Mayor to execute an Intergovernmental Agreement (IGA) with
CDOT which will result in the receipt by Transfort of $538,447 in CRP grant funds for fiscal year
(FY) 2025.
Page 98
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Annabelle Phillips, Assistant Director, Transfort
Monica Martinez, Manager, Finance
SUBJECT
Second Reading of Ordinance No. 049, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers to be Used as Local Match for Carbon Reduction Program Funding for ADA Bus Stop
Improvements Projects.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, supports Transfort in
enhancing accessibility at bus stops in Transfort’s service area.
The City was awarded $538,447 in Carbon Reduction Program (CRP) grant funds from the Colorado
Department of Transportation (CDOT) in support of Transfort performing bus stop improvements along
Regionally Significant Corridors. The awarded funds and required local match of $111,930 will support
design, right-of-way (ROW) acquisition, the construction of concrete pads, and the installation of amenities
such as shelters, benches, bike racks, and trash cans.
Approval of this item would support the City in enhancing accessibility at Transfort bus stops by transferring
$100,000 from the Community Capital Improvement Program Fund (CCIP) to the Transit Services Fund
for ADA Bus Stop Improvements Projects where it will serve as local match for previously appropriated
CRP Grant Funds. Resolution 2025-016 was adopted on March 18, 2025, authorizing the Mayor to execute
an Intergovernmental Agreement (IGA) with CDOT which will result in the receipt by Transfort of $538,447
in CRP grant funds for fiscal year (FY) 2025.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
Page 99
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
FIRST READING BACKGROUND / DISCUSSION
On August 4, 2023, the North Front Range Metropolitan Planning Organization (NFRMPO) announced
$2,550,000 in Federal Highway Administration (FHWA) funds under the Carbon Reduction Program (CRP)
to support projects designed to reduce transportation emissions. Under the CRP, transportation emissions
are defined as carbon dioxide emissions from on-road highway sources of those emissions. These funds
are administered through the Colorado Department of Transportation (CDOT).
Transfort was awarded $538,447 in FY25 CRP grant funding to improve bus stops, requiring a local match
of $111,930. The required local match will be funded using $11,930 from 2050 Tax Funds and $100,000
from the Community Capital Improvement Program Fund (CCIP).
Transfort owns and maintains 415 of the 487 bus stops in its service area. This project will upgrade 11 of
these stops along Regionally Significant Corridors (RSCs), including US 287, Mulberry Street, and
Prospect Road, to ensure full compliance with Americans with Disabilities Act (ADA) standards, improve
overall conditions, and enhance accessibility and equity for all users.
Bus stops are a critical component of the transit system, directly impacting service reliability, mobility, and
accessibility. The grant funding and local match will support design, right-of-way (ROW) acquisition, and
construction of concrete pads, and the installation of amenities such as shelters, benches, bike racks, and
trash cans. These improvements align with City Council’s priority to enhance accessibility at all Transfort
bus stops by 2026 and advance broader local and regional transportation goals.
CITY FINANCIAL IMPACTS
The City is anticipated to receive $538,447 in FY25 CRP funding via the IGA. These funds were previously
appropriated as part of the 2025-2026 Budgeting for Outcomes process (Offer #: 65.17), with an additional
local match of $11,930 from 2050 Tax Funds. This Ordinance would transfer the $100,000 CCIP funds
needed to satisfy the remaining local match requirement to the Transit Services Fund. The following is a
summary of the funding anticipated for the ADA Bus Stop Improvements Project using CRP grant funds:
Prior Appropriated Funds
CRP Grant Funds $538,447
2025 Transit Tax $11,930
TOTAL PRIOR APPROPRIATION $550,377
Funds to be Appropriated per this Action
CCIP Bus Stop Improvements Funds (reserves, transfer) $100,000
Total Funds to be Appropriated per this Action $100,000
Total Proposed Project Funds $650,377
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 100
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 101
Item 10.
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ORDINANCE NO. 049, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS TO BE USED AS LOCAL MATCH FOR CARBON
REDUCTION PROGRAM FUNDING FOR ADA BUS STOP
IMPROVEMENTS PROJECTS
A. Bus stops are a critical component of the transit system, directly impacting
service reliability, mobility, and accessibility.
B. Enhancing the accessibility of all Transfort bus stops by 2026 is a City
Council priority.
C. Transfort owns and maintains eleven bus stops along Regionally Significant
Corridors in its service area, including US 287, Mulberry Street, and Prospect Road.
D. Transfort will be upgrading these bus stops to enhance its compliance with
Americans with Disabilities Act of 1990 (“ADA”) standards, improve overall conditions,
and enhance accessibility and equity for all users of the public transit system (the
“Project”).
E. To support the Project, Transfort applied for and was awarded $538,447 in
Fiscal Year 2025 grant funding (the “Grant”) through the North Front Range Metropolitan
Planning Organization’s Carbon Reduction Program (“CRP”), which grant is managed by
the Colorado Department of Transportation (“CDOT”).
F. The funds for the Project are to be administered by CDOT pursuant to an
intergovernmental agreement (the “IGA”) with CDOT that outlines the terms and
conditions of the use of the Grant funds, including a local match requirement of $111,930.
G. The City Council is concurrently considering Resolution 2025-016, to
authorize the Mayor to execute the IGA.
H. Transfort will utilize the Grant and local match to improve bus stops for the
Project, including design, right-of-way acquisition, concrete pad construction, and the
installation of amenities such as shelters, benches, bike racks, and trash cans.
I. The Grant funds as well as $11,930 in local matching funds were previously
appropriated as part of the City’s 2025 through 2026 Budgeting for Outcomes Process .
J. This Ordinance will transfer the remaining $100,000 required for the local
match from the Community Capital Improvement Program Fund to the Transit Services
Fund for the ADA Bus Stop Improvements Project.
K. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and the traveling public and serves the public purpose by
Page 102
Item 10.
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enhancing accessibility of the public transit system and advancing broader local and
regional transportation goals.
L. 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.
M. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Community Capital Improvements Projects Fund and th at this
appropriation will not cause the total amount appropriated in the Community Capital
Improvements Projects Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
N. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital projec t in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
O. The City Manager has recommended the transfer of $100,000 from the
Community Capital Improvements Program Fund to the Transit Services Fund
determined that the purpose for which the transferred funds are to be expended remains
unchanged.
P. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital pr oject, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
Q. The City Council wishes to designate the appropriation herein for ADA Bus
Stop Improvement Projects as an appropriation that shall not lapse until the completion
of the projects.
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
Community Capital Improvement Program Fund the sum of ONE HUNDRED
THOUSAND DOLLARS ($100,000) to be expended in the Community Capital
Page 103
Item 10.
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Improvement Program Fund for transfer to the Transit Services Fund for ADA Bus Stop
Improvements Projects.
Section 2. The appropriation herein for ADA Bus Stop Improvements Projects
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 projects.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 104
Item 10.
File Attachments for Item:
11. Second Reading of Ordinance No. 050, 2025, Amending Section 9-4 of the Code of the
City of Fort Collins for the Purpose of Clarifying Enforcement of Open Fire and Burning
Restrictions.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, amends the
enforcement and penalty provision under City Code Section 9-4 to clarify that it applies to all
violations under Chapter 9, including violations of the Open Fire and Burning Restrictions.
Page 105
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Shawn McGaffin, Fire Marshal/Division Chief
Kevin Sullivan, Assistant Fire Marshal
Katie Quintana, Assistant Fire Marshal
SUBJECT
Second Reading of Ordinance No. 050, 2025, Amending Section 9-4 of the Code of the City of Fort
Collins for the Purpose of Clarifying Enforcement of Open Fire and Burning Restrictions.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, amends the enforcement and
penalty provision under City Code Section 9-4 to clarify that it applies to all violations under Chapter 9,
including violations of the Open Fire and Burning Restrictions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Article I of Chapter 9 of the City Code (Article I) contains the City’s adopted version of the International Fire
Code, with local amendments (IFC), which is being repealed and reenacted separately with Ordinance No.
051, 2025, on March 18, 2025. In addition to the IFC, Article I also contains Section 9-4, which sets forth
the penalty applicable to violations of Article I.
Article II of Chapter 9 of the City Code describes limitations on open fires and open burning within the City
(Open Burning Code). Unlike Article I, the Open Burning Code does not contain its own separate penalty
provision.
Staff have been asked to clarify that the penalty under Section 9-4 also applies to the enforcement to
violations of the Open Burning Code.
The City Attorney’s Office reviewed Chapter 9 in collaboration with staff from Poudre Fire Authority (PFA)
and recommend the penalty set forth under Section 9-4 be clarified to apply to all violations under Chapter
9, including violations of the Open Burning Code.
CITY FINANCIAL IMPACTS
None.
Page 106
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 107
Item 11.
-1-
ORDINANCE NO. 050, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 9-4 OF THE CODE OF THE CITY OF
FORT COLLINS FOR THE PURPOSE OF CLARIFYING
ENFORCEMENT OF OPEN FIRE AND BURNING
RESTRICTIONS
A. Article II of Chapter 9 of the City Code describes limitations on open fires
and open burning within the City (the “Open Burning Code”).
B. Article I of Chapter 9 of the City Code contains the City’s adopted version
of the International Fire Code, with local amendments.
C. Section 9-4 of the City Code sets forth the penalty applicable to violations
of Article I of Chapter 9 of the City Code.
D. City staff have been asked to clarify that the penalty under Section 9-4 also
applies to violations of the Open Burning Code.
E. Staff from the City Attorney’s Office and Poudre Fire Authority (PFA) have
thoroughly reviewed Chapter 9 of City Code, and recommend the penalty set forth under
Section 9-4 be clarified to apply to all violations under Chapter 9, including violations of
the Open Burning Code.
F. City Council has determined and now finds that the adoption of this
Ordinance is necessary for the health, safety, and welfare of the public.
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 Section 9-4 of the Code of the City of Fort Collins is amended to
read as follows:
Section 9-4. – Violations and penalties.
Any person who shall violate any of the provisions of this chapter or the International Fire
Code, as amended, or who shall fail to comply with any of the provisions or who shall
violate or fail to comply with any orders made thereunder or who shall act in any way in
violation of any permits issued thereunder shall, severally and for each and every violation
in noncompliance respectively, be guilty of a misdemeanor punishable by the penalty set
forth in § 1-15 of this Code. The imposition of one (1) penalty for any violation shall not
excuse the violation or permit it to continue, and all persons shall be required to correct
or remedy the violations or defects within a reasonable time, and when not otherwise
specified, each ten (10) days that prohibited conditions are maintained shall constitute a
separate offense. The application of any penalty pursuant hereto shall not be held to
prevent the forced removal of prohibited conditions nor the suspension or removal of a
permit or license issued thereunder.
Page 108
Item 11.
-2-
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan/Travis Winter
Page 109
Item 11.
File Attachments for Item:
12. Second Reading of Ordinance No. 052, 2025, Amending the Boundary of the Willard
and Gladys Eddy House and Shared Barn, 509 Remington Street, Fort Collins, Colorado,
a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, seeks an
amendment, as requested by the property owners of 509 Remington Street, to the Landmark
boundary listed in the designation ordinance of the property to more accurately reflect its legal
description. The lot line modification was recorded with Larimer County in 2024. After review
and consideration of the proposal at their February 19, 2025 hearing, the Historic Preservation
Commission (HPC) recommended through HPC Resolution 1, 2025, that Council approve the
Ordinance amending the Landmark boundary.
Page 110
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Lori Schwarz, Director, Community Development & Neighborhood Services
Maren Bzdek, Manager, Historic Preservation Services
Yani Jones, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 052, 2025, Amending the Boundary of the Willard and Gladys
Eddy House and Shared Barn, 509 Remington Street, Fort Collins, Colorado, a Fort Collins
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, seeks an amendment, as
requested by the property owners of 509 Remington Street, to the Landmark boundary listed in the
designation ordinance of the property to more accurately reflect its legal description. The lot line
modification was recorded with Larimer County in 2024. After review and consideration of the proposal at
their February 19, 2025 hearing, the Historic Preservation Commission (HPC) recommended through HPC
Resolution 1, 2025, that Council approve the Ordinance amending the Landmark boundary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Council designated the Willard and Gladys Eddy House and Shared Barn at 509 Remington St. as a City
Landmark on October 21, 1997, for their architectural and historical significance. Under the current
Municipal Code, the significance of 509 Remington Street would fall under Standard 2 (Persons/Groups),
for association with Willard and Gladys Eddy, significant to Fort Collins and CSU hist ory, and Standard 3
(Design/Construction), for the house’s foursquare architecture and for the shared barn being a rare early
example of a barn in this neighborhood.
The subject property, along with 515 Remington Street to its south, underwent a lot line adjustment in 2024,
recorded with Larimer County at Reception #20240030529. This modified the west portion of the property
line between the two parcels, specifically the section that intersected the shared barn. To accurately reflect
the boundaries of the Landmark properties, amendments to the Landmark Ordinances are needed.
CITY FINANCIAL IMPACTS
None.
Page 111
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At their February 19, 2025, regular meeting, the HPC considered the evidence presented and determined
that the proposed Landmark Ordinance amendment would support the City’s historic preservation policies,
outlined under City Code Section 14-1, and purposes, outlined under City Code Section 14-2, and would
not result in a negative effect to the historic property based on its significance, period of significance, and
character-defining features. The HPC adopted Resolution 1, 2025, recommending that Council approve
the Ordinance amending the Landmark boundary. Additionally, at the same February 19, 2025, meeting,
the HPC reviewed and approved through the issuance of a Certificate of Appropriateness a Final Landmark
Design Review application for 509 Remington Street that included a rehabilitation project for the historic
barn and its relocation to entirely within the 509 Remington Street parcel.
PUBLIC OUTREACH
Because this proposed Landmark Ordinance amendment was supported by the property owner, public
outreach or noticing described under City Code Section 14-34 was not required. Outreach was limited to
coordination with the property owners for this item and the public hearing that occurred at the February 19,
2025, HPC regular meeting. No public comment was received at the hearing.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 112
Item 12.
-1-
ORDINANCE NO. 052, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE BOUNDARY OF THE WILLARD AND GLADYS EDDY HOUSE AND
SHARED BARN, 509 REMINGTON STREET, FORT COLLINS, COLORADO,
A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE
CITY OF FORT COLLINS
A. It is a matter of public policy that the protection, enhancement , and
perpetuation of sites, structures, objects, and districts of historic, architectural,
archeological, or geographic significance, located within the City, are a public necessity
and are required in the interest of the prosperity, civic pride and genera l welfare of the
people.
B. It is the policy of the City Council that the economic, cultural , and aesthetic
standing of this City cannot be maintained or enhanced by disregarding the historic,
architectural, archeological, and geographical heritage of the City and by ignoring the
destruction or defacement of such cultural assets.
C. The Willard and Gladys Eddy House and Shared Barn, located at 509
Remington Street in Fort Collins (the “Property”) was designated as a Fort Collins
Landmark by Ordinance No. 149, 1997 adopted on October 21, 1997, for the Property’s
historic and architectural significance (corresponding to City Code Section 14-22(a) under
Standard 2, Persons/Groups, for association with Willard and Gladys Eddy, and Standard
3, Design/Construction, for the house’s Foursquare architecture and the barn being an
early and rare example of a barn in this neighborhood , historically shared with 515
Remington Street).
D. The Property owners have requested an amendment to the existing
designation, specifically a modification to the boundary to reflect a lot line adjustment
recorded with Larimer County at Reception #20240030529 and the changed location of
the barn to be located within the boundary lines of 509 Remington Street.
E. The Historic Preservation Commission has determined that the amendment
to the Property’s Landmark boundary is consistent with the City’s Policies in City Code
Section 14-1 and Purposes in City Code Section 14-2 and would not result in adverse
effects to the Property and therefore recommends adoption of this Landmark 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 follows:
Section 1. The boundary of the Landmark Property located in the City of Fort
Collins, Larimer County, Colorado, described as follows, to wit:
Page 113
Item 12.
-2-
NORTH FORTY-FIVE FEET OF LOT 6, BLOCK 125, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO ALSO KNOWN AS 509
REMINGTON STREET
is amended to read:
NORTH 45 FEET OF LOT 6 AND THE SOUTH 5 FEET OF THE WEST 39 FEET OF
LOT 6, AND THE NORTH 8 FEET OF THE WEST 39 FEET OF LOT 5, BLOCK 125,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, ALSO
KNOWN AS 509 REMINGTON STREET
Section 2. The criteria contained in Chapter 14, Article IV of the City Code will
continue to serve as the standards by which alterations, additions and other changes t o
buildings and structures located upon the above-described Property will be reviewed.
Section 3. In compliance with Section 14-36 of the City Code, the City shall,
within fifteen days of the effective date of this Ordinance, record among the real estate
records of the Larimer County Clerk and Recorder a certified copy of this Ordinance
amending the designation of the Property.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Heather N. Jarvis
Page 114
Item 12.
File Attachments for Item:
13. Second Reading of Ordinance No. 053, 2025, Amending the Boundary and Landmark
Name of the Fred W. Stover House and Garage, 515 Remington Street, Fort Collins,
Colorado, a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort
Collins.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, seeks an
amendment, as requested by the property owners of 515 Remington Street, a City Landmark
designated in 1997, to the Landmark boundary and title listed in the designation ordinance of
their property to more accurately reflect its legal description. The lot line modification was
recorded with Larimer County in 2024, and the barn that was shared between 515 and 509
Remington Street was relocated entirely within the 509 Remington Street parcel. After review
and consideration of the proposal at their February 19, 2025, hearing, the Historic Preservation
Commission (HPC) recommended through HPC Resolution 1, 2025, that Council approve the
Ordinance amending the boundary and the name of the Landmark.
Page 115
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Lori Schwarz, Director, Community Development & Neighborhood Services
Maren Bzdek, Manager, Historic Preservation Services
Yani Jones, Historic Preservation Planner
SUBJECT
Second Reading of Ordinance No. 053, 2025, Amending the Boundary and Landmark Name of the
Fred W. Stover House and Garage, 515 Remington Street, Fort Collins, Colorado, a Fort Collins
Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, seeks an amendment, as
requested by the property owners of 515 Remington Street, a City Landmark designated in 1997, to the
Landmark boundary and title listed in the designation ordinance of their property to more accurately reflect
its legal description. The lot line modification was recorded with Larimer County in 2024, and the barn that
was shared between 515 and 509 Remington Street was relocated entirely within the 509 Remington Street
parcel. After review and consideration of the proposal at their February 19, 2025, hearing, the Historic
Preservation Commission (HPC) recommended through HPC Resolution 1, 2025, that Council approve
the Ordinance amending the boundary and the name of the Landmark.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Council designated the Fred W. Stover House, Garage, and Shared Barn at 515 Remington St. as a City
Landmark on Oct. 21, 1997, for their architectural and historical significance. Under the curr ent Municipal
Code, the significance of 515 Remington Street without the barn would fall under Standard 2
(Persons/Groups), for association with Fred W. Stover, an early Fort Collins resident, mayor, and judge,
and under Standard 3 (Design/Construction), f or the house’s Victorian architecture with Colonial Revival
details and the brick garage dating to the period of significance.
The subject property, along with 509 Remington St. to its north, underwent a lot line adjustment in 2024,
recorded with Larimer County at Reception #20240030529. This modified the west portion of the property
line between the two parcels, specifically the section that intersected the shared barn. To accurately reflect
the boundaries of the Landmark properties, amendments to the Landmark Ordinances are needed.
Additionally, on February 19, 2025, the Historic Preservation Commission (HPC) reviewed and approved
through the issuance of a Certificate of Appropriateness a Final Landmark Design Review application for
Page 116
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
509 Remington Street that included a rehabilitation project for the historic barn and its relocation to entirely
within the 509 Remington Street parcel. Because this approved project will move the shared barn outside
of the boundary of 515 Remington Street, the term “shared barn” should also be removed from this
property’s Landmark Designation.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At their February 19, 2025, regular meeting, the HPC considered the evidence presented and determined
that the proposed Landmark Ordinance amendment would support the City’s historic preservation policies,
outlined under City Code Section 14-1, and purposes, outlined under City Code Section 14-2, and would
not result in a negative effect to the historic property based on its significance, period of significance, and
character-defining features. The HPC adopted Resolution 1, 2025, recommending that Council approve
the Ordinance amendment.
PUBLIC OUTREACH
Because this proposed Landmark Designation amendment was supported by the property owner, public
outreach or noticing described under City Code Section 14-34 was not required. Outreach was limited to
coordination with the property owners for this item and the public hearing that occurred at the February 19,
2025, HPC regular meeting. No public comment was received at the hearing.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
Page 117
Item 13.
-1-
ORDINANCE NO. 053, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE BOUNDARY AND LANDMARK NAME OF THE FRED W. STOVER
HOUSE AND GARAGE, 515 REMINGTON STREET, FORT COLLINS, COLORADO, A
FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE
CITY OF FORT COLLINS
A. It is a matter of public policy that the protection, enhancement , and
perpetuation of sites, structures, objects, and districts of historic, architectural,
archeological, or geographic significance, located within the City, are a public necessity
and are required in the interest of the prosperity, civic pride and genera l welfare of the
people.
B. It is the policy of the City Council that the economic, cultural , and aesthetic
standing of this City cannot be maintained or enhanced by disregarding the historic,
architectural, archeological, and geographical heritage of the City and by ignoring the
destruction or defacement of such cultural assets.
C. The Fred W. Stover House, Garage, and Shared Barn , located at 515
Remington Street in Fort Collins (the “Property”) was designated as a Fort Collins
Landmark by Ordinance No. 151, 1997 adopted on Oct. 21, 1997, for the Property’s
historic and architectural significance (corresponding to City Code Section 14-22(a) under
Standard 2, Persons/Groups, for association with Fred W. Stover, and Standard 3,
Design/Construction, for the house’s Victorian architecture with Colonial Revival details,
for the brick garage, and for the barn being an early and rare example of a barn in this
neighborhood, historically shared with 509 Remington Street).
D. The Property owners have requested an amendment to the existing
designation, specifically a modification to the boundary to reflect a lot line adjustment
recorded with Larimer County at Reception #20240030529 and to the title of the landmark
designation to reflect the relocation of the shared barn to entirely within the neighboring
parcel (Willard and Gladys Eddy House and Shared Barn) outside the boundary of 515
Remington Street.
E. The Historic Preservation Commission approved relocation of the barn and
issued a Certificate of Appropriateness dated February 19, 2025.
F. The Historic Preservation Commission has determined that the amendment
to the Property’s Landmark boundary and name is consistent with the City’s Policies in
City Code Section 14-1 and Purposes in City Code Section 14-2 and would not result in
adverse effects to the Property and therefore passed a resolution recommending
adoption of this Landmark 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 follows:
Page 118
Item 13.
-2-
Section 1. The boundary of the Landmark Property located in the City of Fort
Collins, Larimer County, Colorado, described as follows, to wit:
LOT 5 AND THE SOUTH 5 FEET OF LOT 6, BLOCK 125, CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO ALSO KNOWN AS 515
REMINGTON STREET
is amended to read:
LOT 5 AND THE SOUTH 5 FEET OF LOT 6, EXCEPT THE NORTH 8 FEET OF THE
WEST 39 FEET OF LOT 5, AND EXCEPT THE SOUTH 5 FEET OF THE WEST 39
FEET OF LOT 6, BLOCK 125, CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO, ALSO KNOWN AS 515 REMINGTON STREET
Section 2. The phrase “shared barn” is stricken from the name of the Landmark
as reflected in the title of this Ordinance amending the designation of the Property.
Section 3. The criteria contained in Chapter 14, Article IV of the City Code will
continue to serve as the standards by which alterations, additions and other changes to
buildings and structures located upon the above-described Property will be reviewed.
Section 4. In compliance with Section 14-36 of the City Code, the City shall,
within fifteen days of the effective date of this Ordinance, record among the real estate
records of the Larimer County Clerk and Recorder a certified copy of this Ordinance
amending the designation of the Property.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Heather N. Jarvis
Page 119
Item 13.
File Attachments for Item:
14. First Reading of Ordinance No. 054, 2025, Making a Supplemental Appropriation of
Funds Received from the Colorado Department of Local Affairs Gray and Black-Market
Marijuana Enforcement Grant Program for the Fort Collins Police Services Mari juana
Enforcement Program.
The purpose of this item is to support Fort Collins Police Services’ Marijuana Enforcement
Program in investigating gray and black-market marijuana cases by appropriating $39,500 of
unanticipated grant revenue from the Colorado Department of Local Affairs (DOLA), Gray and
Black-Market Marijuana Enforcement.
Page 120
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jim Lenderts, Marijuana Enforcement Officer, Police Services
Kerri Ishmael, Senior Financial Analyst
SUBJECT
First Reading of Ordinance No. 054, 2025, Making a Supplemental Appropriation of Funds Received
from the Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement
Grant Program for the Fort Collins Police Services Marijuana Enforcement Program.
EXECUTIVE SUMMARY
The purpose of this item is to support Fort Collins Police Services’ Marijuana Enforcement Program in
investigating gray and black-market marijuana cases by appropriating $39,500 of unanticipated grant
revenue from the Colorado Department of Local Affairs (DOLA), Gray and Black-Market Marijuana
Enforcement.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
“Gray Market” is a term that refers to marijuana grown legally and then sold in a way that would be illegal.
An example would be where someone has a medical card with an “extended plant count” which may allow
them to grow up to 99 plants, but instead of using the product for their own medical needs, they sell it on
the black market either locally to minors or someone in another state.
For over five years, the State has made grant funding available to help address unlicensed and illegal
marijuana activity in Colorado. Police Services utilizes this grant funding to investigate complaints of illegal
residential cultivation operations and unlicensed smoke shops selling synthetic marijuana to minors.
In November 2024, the City was awarded $39,500 through DOLA’s Gray and Black-Market Marijuana
Enforcement Grant Program for the purpose of investigating these cases of illegal marijuana cultivation
and distribution outside the legal, licensing framework.
Use of grant funds for investigations allows Police Services to address criminal activity and to improve
neighborhood livability. These DOLA funds support Police Services in addressing community priorities and
emerging trends in a proactive manner.
Page 121
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
These grant funds provide additional resources to Police Service staff without having a direct impact on
Police Services operating budget. Funds will be used for overtime pay, equipment and storage expenses
in support of investigative work.
This item appropriates $39,500 in unanticipated grant funds from DOLA’s Gray and Black-Market
Marijuana Enforcement program.
DOLA will advance the funds to the City for use in allowable purchases, including covering overtime pay
and purchase of supplies and equipment. Any unused funds will be returned to DOLA by the end of the
grant term, by May 31, 2026.
This grant award provides no cost share requirement by the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Grant Award Letter
Page 122
Item 14.
-1-
ORDINANCE NO. 054, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FUNDS
RECEIVED FROM THE COLORADO DEPARTMENT OF LOCAL
AFFAIRS GRAY AND BLACK-MARKET MARIJUANA
ENFORCEMENT GRANT PROGRAM FOR THE FORT COLLINS
POLICE SERVICES MARIJUANA ENFORCEMENT PROGRAM
A. For over five years, the State has made grant funding available to help
address unlicensed and illegal marijuana activity in Colorado.
B. In 2024, Fort Collins Police Services (FCPS) received $39,641 from the
Department of Local Affairs (“DOLA”) and continues to investigate complaints of illegal
residential cultivation operations and unlicensed smoke shops selling synthetic marijuana
to minors.
C. In November 2024, City of Fort Collins was awarded $39,500 through the
DOLA Gray and Black-Market Marijuana Enforcement Grant Program for the purpose of
investigating cases of illegal marijuana cultivation and distribution outside the legal,
licensing framework.
D. Use of this grant funding and investigations has not only addressed criminal
activity but also improved neighborhood livability and provided insight into the level of
unlicensed/illegal marijuana activity in the community. With additional insight and
knowledge, Police Services can address community priorities and emerging trends in a
proactive manner.
E. These grant funds help provide additional financial resources to supplement
overtime costs, equipment, and storage expenses without having a direct impact on the
City budget.
F. This item appropriates $39,500 to FCPS Marijuana Enforcement Program
from unanticipated grant revenue from DOLA by advancing the funds to the City of Fort
Collins so overtime and equipment purchases may be authorized and any unused funds
will be returned at the end of the grant period.
G. 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.
H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
Page 123
Item 14.
-2-
unappropriated from the General Fund and that this appropriation 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.
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 federal,
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
Colorado Department of Local Affairs Gray and Black -Market Enforcement 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.
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 THIRTY-NINE THOUSAND FIVE HUNDRED DOLLARS
($39,500) to be expended in the General Fund for the Fort Collins Police Services
Marijuana Enforcement Program.
Section 2. The appropriation herein for the Colorado Department of Local
Affairs Gray and Black-Market Enforcement Grant project is hereby designated, as
authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not
lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grant or the City’s expenditure of all funds received from such grant.
Introduced, considered favorably on first reading on the April 1, 2025, and
approved on second reading for final passage on the April 15, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Doug McDonald
Page 124
Item 14.
November 13,2024
The Honorable Jeni Arndt
Mayor
City of Fort Collins
P.O.Box 580
Fort Collins,CO 80522
RE:GBMJ-25-112 Fort Collins FY 2024-2025 Gray and Black Marijuana Enforcement Grant Program Award
and Next Steps
Dear Mayor Arndt:
As DOLA’s Executive Director,I am pleased to inform you that I have approved the funding recommendation for The
City of Fort Collins.
This award letter and your application will serve as your contract with the State.Grantees of these funds do not
require any additional contracts.By opting in to this grant program,you are eligible to receive an award in the
amount of $39,500.00 for expenses related to investigations and prosecutions of unlicensed marijuana cultivation
and/or distribution operations.This grant expires on May 31,2026.The statute does not allow extension(s)to the
grant period.
Should you choose to accept this award you agree to the following:
●Grant funds will only be spent on costs associated with the investigation and prosecution (including
large-scale operations,organized crime,and operations that divert marijuana outside of Colorado)of
unlicensed marijuana cultivation or distribution operations conducted in violation of state law.Recipient
counties and municipalities understand that any grant funds expended outside of this statutory intent
must be returned to the Department of Local Affairs within 30 days of the ruling of improper fund use.
●Recipient counties agree to cooperate with and make grant funds available to District Attorneys for costs
associated with prosecution of unlicensed marijuana cultivation or distribution operations conducted in
violation of state law.
●Recipient counties and municipalities must provide DOLA with quarterly itemized reports detailing how
grant funds were spent in that quarter,the Quarterly Report form,invoices and proof of payment must be
provided to support the expenditures.
●A required survey must also be submitted quarterly,please copy and paste the hyperlink into your
browser and complete this survey each quarter.https://forms.gle/FPuLgvp6UEtKeq9Y9
●Quarterly report must be submitted in the grant portal.
●All recipients’grant fund expenditures will be monitored to ensure compliance with the programmatic
requirements and allowable expenses.DOLA or the State reserves the right to initiate detailed monitoring
or auditing of any recipient at its sole discretion.
●Monitoring may be onsite or by desk review and will include verification of quarterly reports using receipts
and other financial documentation provided by the Grantee.The review shall provide assurance that the
Governor Jared S.Polis |Maria De Cambra,Executive Director |Eric Bergman,Division Director
1313 Sherman Street,Room 521,Denver,CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Docusign Envelope ID: 8D2249AC-D8B1-43F8-A074-17F103F60327
GBMJ
CTGG1 NLAA 202500003137
Page 125
Item 14.
information reported by the Grantee is accurate and complete,and only includes allowable expenses.If
concerns are noted during the review process,documentation to verify the eligible entities’expenditures
or accounting practices shall be provided to DOLA.Funds spent outside of the statutory intent must be
returned to DOLA within 30 days of substantiation of improper use.
●Recipient counties and municipalities acknowledge that,if NO grant funds are spent in any given state
fiscal year,they may not receive grant funds in the following year.Due to appropriation limitations in
statute,ANY grant funds not spent by the expiration date specified in this document must be returned to
the Department of Local Affairs by the date that will be provided to grantees.
Next Steps:
●An updated W-9 is required of each grantee and an EFT form (optional)will be emailed to each grantee.
Please complete and return to Ella Bowman at ella.bowman@state.co.us as soon as possible
●You will make a single request for your full award amount within 90 days after the performance start date
of this signed grant award letter.
●Payment requests will be made using DOLA’s online portal system using the “Advance Payment Request ”
form provided in the grant portal.
These grant funds are from state marijuana tax proceeds that may cause you to go to an election to receive and
spend these funds.Please confer with your appropriate staff to determine if such an election is necessary.
Thank you for your interest in the Gray and Black Market Marijuana Enforcement Grant Program.Please contact
Ella Bowman at (303)864-7896 if you have any questions.
Sincerely,
Maria De Cambra
Executive Director
cc:Kerri Ishmael,Fiscal Agent
Ella Bowman,DOLA Program Manager
Chris La May,DOLA Regional Manager
chris.la.may@state.co.us
In accordance with §24-30-202 C.R.S.,this Grant is not valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros,CPA,MBA,JD
______________________________________________
By:Beulah Messick,Controller Delegate
Department of Local Affairs
Effective Date_________________________________________
CMS#:195412 VCUST#:14149 ADDR:CN001 WARR DLG#:GBMJ-25-112
Governor Jared S.Polis |Maria De Cambra,Executive Director |Eric Bergman,Division Director
1313 Sherman Street,Room 521,Denver,CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Docusign Envelope ID: 8D2249AC-D8B1-43F8-A074-17F103F60327
11/19/2024 | 8:06 PM MST
Page 126
Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 055, 2025, Appropriating Prior Year Reserves
Received Through City Give for the Payment Assistance Fund as Designated by the
Donors.
The purpose of this item is to request an appropriation of $443,600 in philanthropic revenue
received through City Give. These gifts to the Utilities Payment Program account (the “Payment
Assistance Fund”) established in Section 26-722 of the Code, align with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 127
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 055, 2025, Appropriating Prior Year Reserves Received Through
City Give for the Payment Assistance Fund as Designated by the Donors.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $443,600 in philanthropic revenue received
through City Give. These gifts to the Utilities Payment Program account (the “Payment Assistance Fund”)
established in Section 26-722 of the Code, align with both the City’s strategic priorities and the respective
donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
Both Section 2.5 of the City's Financial Management Policy 2 – Revenue, as approved by Council, and the
Administrative Philanthropic Governance Policy 6.04, adopted by the City Manager, (together the “City
Give Policies”), provide the bases and processes for the responsible and efficient management of
charitable donations to the City.
Over the past five years, donations to the Payment Assistance Fund have exceeded the distributions to
community partners through the City’s partnership with Energy Outreach Colorado. Financial assistance
is currently funded through two sources: unclaimed payments or deposits and charitable contributions. To
utilize the accumulated funds effectively, the Utilities Affordability team has launched an additional program
within the Payment Assistance Fund for residents to receive utility support, the Utilities Emergency Fund
(UEF) program. The UEF program opened on January 1, 2025, and as of February 13, approximately
$86,000 has been distributed to 292 applicants.
Page 128
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Utilities Affordability Fund program staff monitor amounts appropriated for the program and plan to engage
City Give when additional donations are needed to request additional expenditure authority in order to
maintain utility support for qualified residents.
This item requests an appropriation of $443,600 designated for the Payment Assistance Fund received
through City Give in prior fiscal years. The donors directed the City to use these generous donations for
designated purposes within and to benefit City service areas and programs.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate in the current fiscal year into the Light and Power Fund
philanthropic revenue received through City Give in the amount of $443,600 and authorize expenditures
against those revenues for the purposes of the Utilities Emergency Fund program within the Payment
Assistance Fund. These revenues have been received and accepted per the City Give Policies.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated Light and Power Fund and will not cause the total amount
appropriated in the Light and Power Fund to exceed the current estimate of actual and anticipated revenues
during fiscal year 2025.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 129
Item 15.
-1-
ORDINANCE NO. 055, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES RECEIVED
THROUGH CITY GIVE FOR THE PAYMENT ASSISTANCE FUND
AS DESIGNATED BY THE DONORS
A. In the last five years, the City has received generous donations to the
Utilities Payment Program account (the “Payment Assistance Fund”), established in
Section 26-722 of the City Code, both large and modest, as philanthropic gifts to City
residents.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the Utilities
Emergency Fund program in the Payment Assistance Fund, which benefits qualified utility
customers needing financial assistance for electrical and water utilities .
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 appropriate.
D. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Light and Power Fund and that this appropriation will not cause
the total amount appropriated in the Light and Power Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be receive d in this Fund during
this fiscal year.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the Light
and Power Fund the sum of FOUR HUNDRED FORTY-THREE THOUSAND SIX
HUNDRED DOLLARS ($443,600) to be expended in the Light and Power Fund for the
Payment Assistance Fund.
Page 130
Item 15.
-2-
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Dianne Criswell
Page 131
Item 15.
File Attachments for Item:
16. First Reading of Ordinance No. 056, 2025, Appropriating Philanthropic Revenue
Received Through City Give for the Pottery Studio, Recreation, Community Services as
Designated by the Donor.
The purpose of this item is to request an appropriation of $550,924.99 in philanthropic revenue
received through City Give. These estate gifts to the Pottery Studio align with both the City’s
strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 132
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 056, 2025, Appropriating Philanthropic Revenue Received Through
City Give for the Pottery Studio, Recreation, Community Services as Designated by the Donor.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $550,924.99 in philanthropic revenue received
through City Give. These estate gifts to the Pottery Studio align with both the City’s strategic priorities and
the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
As acknowledged by Section 2.5 of the City's Fiscal Management Policy 2-revenue approved by City
Council, the City Manager has adopted the Philanthropic Governance Policy to provide for the responsible
and efficient management of charitable donations to the City.
This item requests an appropriation of $550,924.99 from the estate of Patricia Berhost designated for the
Pottery Studio received through City Give. The donor’s estate directed the city to use these generous
donations for designated purposes within and to benefit City service areas and programs.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $550,924.99 in unanticipated philanthropic revenue received through City
Give for the Pottery Studio, Recreation, and Community Services.
The donations shall be expended from the designated fund solely for the donors’ directed intent. The funds
have been received and accepted per City Give Administrative and Financial Policy.
Page 133
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
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 in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 134
Item 16.
-1-
ORDINANCE NO. 056, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED THROUGH CITY GIVE FOR THE
POTTERY STUDIO AS DESIGNATED BY THE DONOR
A. The City of Fort Collins has long been the beneficiary of local philanthropy.
Generosity is demonstrated in both large and modest gifts, each appreciated for its
investment in the mission and the range of services the City strives to deliver.
B. The City has received a philanthropic gift of $550,925 that require s
appropriation by City Council. This gift came from the estate of Patricia Berhost with the
designation that it be for the Pottery Studio.
C. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the City’s Pottery
Studio in providing programs and services to the community.
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 the funds to be appropriated are available and previ ously
unappropriated from the Recreation Fund and that this appropriation will not cause the
total amount appropriated in the Recreation 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.
F. Article V, Section 11, of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, 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 donation or the
City’s expenditure of all funds received from such 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
Recreation Fund the sum of FIVE HUNDRED FIFTY THOUSAND NINE HUNDRED
TWENTY-FIVE DOLLARS ($550,925) to be expended in the Recreation Fund for the
Pottery Studio.
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Item 16.
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Section 2. The appropriation herein is 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 until the earlier of the expiration of the donation or the City’s expenditure
of all funds received from such donation.
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Sara Arfmann
Page 136
Item 16.
File Attachments for Item:
17. First Reading of Ordinance No. 057, 2025, Making a Supplemental Appropriation of
Grant Funds from the Colorado Department of Local Affairs for the Fort Collins Police
Services’ Office of Human Services.
The purpose of this item is to appropriate $100,000 in unanticipated revenue awarded to the
City from the Colorado Department of Local Affairs (DOLA) FY2024-2025 Peace Officers
Behavioral Health Support and Community Partnerships Grant Program in support of Police
Services Office of Human Services.
The funds will be used to hire a contractual Police Mental Health Counselor to support police
employees and their family members with addressing behavioral health issues that arise. A
range of services will be provided, including counseling for officers and family members for job-
related trauma, and training and education programs on preventing and treating job-related
trauma.
As presented per Attachment 3, there is no requirement that the City sign an agreement for the
award. Rather upon the City submitting the first request for reimbursement, the City agrees to all
terms and conditions of the award.
Page 137
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Rob Seals, Police Psychologist, Police Services
Greg Yeager, Deputy Chief, Police Services
Joanne Cech, Recovery Manager, Grants Administration
SUBJECT
First Reading of Ordinance No. 057, 2025, Making a Supplemental Appropriation of Grant Funds
from the Colorado Department of Local Affairs for the Fort Collins Police Services’ Office of Human
Services.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $100,000 in unanticipated revenue awarded to the City from the
Colorado Department of Local Affairs (DOLA) FY2024-2025 Peace Officers Behavioral Health Support and
Community Partnerships Grant Program in support of Police Services Office of Human Services.
The funds will be used to hire a contractual Police Mental Health Counselor to support police employees
and their family members with addressing behavioral health issues that arise. A range of services will be
provided, including counseling for officers and family members for job-related trauma, and training and
education programs on preventing and treating job-related trauma.
As presented per Attachment 3, there is no requirement that the City sign an agreement for the award.
Rather upon the City submitting the first request for reimbursement, the City agrees to all terms and
conditions of the award.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
This grant provides funding for one contractual Police Mental Health Counselor in Police Services’ Office
of Human Services, which provides behavioral health support to police employees. This full-time position
will work under the direction of the current Police Psychologist to provide counseling to police employees
and their family members, crisis intervention services, supervision and support of the Police Services Peer
Support Team, and mental health education and training for police employees.
The program will be managed as a pilot program. Police Services will have the option to apply to Colorado
DOLA for additional funding to provide counseling services for the year July 1, 2026 - June 30, 2027.
Police Services is posting the contractual counseling services position and hopes to have that person hired
by June 1, 2025, to fully utilize the grant funding.
Page 138
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $100,000 in unanticipated revenue from DOLA’s Peace Officers Behavioral Health
Support and Community Partnerships Grant Program in support of Police Services Office of Human
Services. This DOLA award is a reimbursement-type award, meaning General Fund expenses will be
reimbursed up to $100,000.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
2. Colorado DOLA Award Letter
3. DOLA and City Grant Agreement
Page 139
Item 17.
-1-
ORDINANCE NO. 057, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF GRANT
FUNDS FROM THE COLORADO DEPARTMENT OF LOCAL
AFFAIRS FOR THE FORT COLLINS POLICE SERVICES’ OFFICE
OF HUMAN SERVICES
A. Since 1990, the Fort Collins Police Services (FCPS) Office of Human
Services has been staffed by one full-time Police Psychologist providing behavioral health
support to police employees, including confidential psychological counseling, post critical
incident support, supervision and coordination of the Police Services Peer Support Team,
mental health education and training for employees, and consultation for police units.
Increased demand for these services has led to shortfalls in the support of our officers
and other employees.
B. The Colorado Department of Local Affairs (DOLA) awarded the City
$100,000 of unanticipated grant funding under the FY2024-2025 Peace Officers
Behavioral Health Support and Community Partnerships Grant Program. The program
will be managed as a pilot program. Police Services will have the option to apply to
Colorado DOLA for additional funding to provide counseling services for the year July 1,
2026 - June 30, 2027.
C. The grant funds will be used to hire a contractual Police Mental Health
Counselor. This full-time position will work under the direction of the current Police
Psychologist to close gaps in demand for current services as described above and to
extend/improve service offerings in accordance with best practices in supporting police
employees’ wellness and behavioral health.
D. The purpose of this item is to appropriate $100,000 of unanticipated grant
revenue from DOLA’s Peace Officers Behavioral Health Support and Community
Partnerships Grant Program in support of Police Services Office of Human Services.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the health and
wellbeing of FCPS employees.
F. 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 app ropriations 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.
G. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
Page 140
Item 17.
-2-
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.
H. 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.
I. The City Council wishes to designate the appropriation herein for the
Colorado Department of Local Affairs Peace Officers Behavioral Health Support and
Community Partnerships 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.
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 THOUSAND DOLLARS ($100,000) to be
expended in the General Fund for the Fort Collins Police Services Office of Human
Services.
Section 2. The appropriation herein for the Colorado Department of Local
Affairs Peace Officers Behavioral Health Support and Community Partnerships 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.
Introduced, considered favorably on first reading on the April 1, 2025, and
approved on second reading for final passage on the April 15, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Dawn Downs
Page 141
Item 17.
Governor Jared S. Polis | Maria De Cambra, Executive Director | Eric Bergman, Director DLG
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
January 24, 2025
The Honorable Jeni Arndt, Mayor
Fort Collins, City of
P O Box 580
Fort Collins, Co 80522
Re: POMH25-018 Fort Collins, City of - Peace Officers Behavioral Health Support and Community
Partnerships Program, Notice of Intent to Award Funds and Next Steps.
Dear Mayor Arndt:
The Department of Local Affairs received your application for the Peace Officers
Behavioral Health Support and Community Partnership (POMH) Grant Program.
Congratulations, after thorough review, I am pleased to offer a grant award in the
amount of $100,000.00 for the purpose of providing behavioral health support
services to peace officers, peace officers immediate family. This award does not
include funding for co-responder programs.
In case you are not aware, POMH funds expire 3 years after DOLA receives the appropriation. At
the end of those three years, the unexpended and unused fund balance expires and becomes
unusable. Due to this restriction, DOLA is implementing a new funding strategy to ensure all
POMH funds are expended prior to expiring, which for this appropriation is June 2027. To help
ensure this occurs, we are awarding a portion of your initial request and shortening the length of
the initial contract to expire one year before the associated funding expires, which for this
contract will be June 2026. Program staff will closely monitor the contract spend rate and allow
each local government to request supplemental funding, once it demonstrates the need for
additional funds and provided funds are still available. In some cases supplemental awards may
require extending the contract one additional year. As the original fund balance becomes
depleted, each local government will be encouraged to apply in the next upcoming NOFA to
request additional funding in a new contract.
To ensure this process works smoothly, each grantee needs to abide by the contract requirement
to submit quarterly reports, which will help staff monitor the spend rate on each individual
contract. Be sure that all funds expended in the quarter are immediately reflected in the
quarterly report and are not delayed and identified in a future quarterly report. Stay in constant
communication with program staff to ensure everyone is closely monitoring contract expenditures.
Together we will be able to effectively determine when a contract may require supplemental
funds or when it makes sense to apply in the next upcoming NOFA, which will generally occur each
year around May/early June. Working together we can help ensure that all local governments will
consistently have an opportunity to receive these important funds to assist their Peace Officers.
Page 142
Item 17.
Governor Jared S. Polis | Maria De Cambra, Executive Director | Eric Bergman, Director DLG
1313 Sherman Street, Room 521, Denver, CO 80203 P 303.864.7720 TDD/TTY 303.864.7758 www.dola.colorado.gov
Strengthening Colorado Communities
Your Grant Agreement will be unilaterally signed by the State and issued as a
“Grant Award Letter including Terms and Conditions”. Grantees of these funds
will not need to sign and return the document packet to DOLA. Payment requests
will be made using DOLA’s online portal.
Next Steps:
● Please complete and return the W-9 (required) and the EFT form
(optional) included in this packet to the addresses indicated on the
forms as soon as possible.
● You will receive the fully executed Grant Award Letter including Terms and
Conditions packet via email only. This document packet does not need to be
signed or returned by you.
Grant funds awarded will come from state tax proceeds that may cause you to go
to an election to receive and spend these funds. Please confer with your
appropriate budget and legal staff to determine if such an election is necessary.
Thank you for your interest in the Peace Officers Behavioral Health Support
Program. Please contact Ella Bowman at (303) 864-7896 if you have any questions.
Sincerely,
Maria De Cambra, Executive Director, DOLA
Cc: Rob Seals, Police Psychologist
Ella Bowman, Program Manager
Page 143
Item 17.
STATE OF COLORADO INTERGOVERNMENTAL GRANT AGREEMENT
SUMMARY OF TERMS AND CONDITIONS
Department of Local Affairs (DOLA)
DLG Portal Number
POMH-25-018
CMS Number
197103
Grantee
City of Fort Collins
Grant Award Amount
$100,000.00
POMH-25-018 - Fort Collins Peace Officers Behavioral
Performance Start Date
The later of the Effective Date
Grant Expiration Date
June 30, 2026
Project Description
The Project consists of providing Grant Funds to the City of
Fort Collins for provision of counseling services to peace
officers and their immediate families.
Program Name
Peace Officer Behavioral Health Support and Community
Funding Source
Catalog of Federal Domestic Assistance (CFDA) Number
DOLA POMH Program Manager
Ella Bowman, (303) 864-7896,
Funding Account Codes
VCUST# 14149 Address Code AD004 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_______________________________________________
By: Ella Bowman, POMH Program Manager
Date: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Maria De Cambra, Executive Director
______________________________________________
By: Maria De Cambra, Executive Director
Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller
or an authorized delegate (the “”).
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
Docusign Envelope ID: 355D42C9-DD83-4980-80F0-FA6F69C8884D
POMH
2/26/2025 | 9:24 AM PST 2/28/2025 | 8:32 AM MST
CTGG1 NLAA 202500003648
3/3/2025 | 8:09 PM MST
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Item 17.
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Page 2 of 13
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement (the “State”) hereby obligates and
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement (the “Grantee”) an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A. Reserved.
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B. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available and a sufficient unencumbered
balance thereof remains available for payment. Required approvals, clearance and
coordination have been accomplished from and with appropriate agencies. This
Intergovernmental Grant Agreement is funded, in whole or in part, with State funds.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. Reserved.
B. Reserved.
C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
D. “Exhibits” means the following exhibits attached to this Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
E. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement, an
amendment, or an Option Letter.
F. Reserved.
G. Reserved.
H. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
I. “Intergovernmental Grant Agreement” or “Grant” means this letter which offers Grant
Funds to Grantee, including all attached Exhibits, all documents incorporated by reference,
all referenced statutes, rules and cited authorities, and any future updates thereto.
J. “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms
and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
K. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
L. “Incident” means any accidental or deliberate event that results in, or constitutes an imminent
threat of, the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
M. “Initial Term” means the time period between the Performance Start Date and the initial
Grant Expiration Date.
N. Reserved.
O. “Other Funds” means all funds necessary to complete the Project, excluding Grant Funds.
Grantee is solely responsible for securing all Other Funds.
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P. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
Q. “Performance Start Date” means the later of the Performance Start Date or the Execution
Date shown on the Summary of Terms and Conditions page of this Intergovernmental Grant
Agreement.
R. Reserved.
S. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual‘s identity, such as name, social security number, date and place of birth,
mother‘s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §24-72-501, C.R.S. and 24-73-101, C.R.S. “PII” shall also mean
“personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S.
T. “PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
U. “Project” means the overall project described in Exhibit B, which includes the Work.
V. “Project Budget” means the amounts detailed in §6.2 of Exhibit B.
W. Reserved.
X. Reserved.
Y. “Services” means the services performed by Grantee as set forth in this Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the
Goods.
Z. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA.
AA. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
BB. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
CC. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
DD. Reserved.
EE. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. “Subcontractor” also includes sub-grantees.
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FF. Reserved.
GG. Reserved.
HH. Reserved.
II. “Work” means the delivery of the Goods and performance of the Services described in this
Intergovernmental Grant Agreement.
JJ. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Performance Start
Date that is used, without modification, in the performance of the Work.
Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5. PURPOSE
The purpose of the Peace Officer Mental Health Support Grant Program is to provide grants to
local law enforcement agencies for the purpose of engaging mental health professionals who can
provide mental health support services to peace officers. The purpose of this Grant is described in
Exhibit B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter
showing the new Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Erroneous Payments
The State may recover, at the State’s discretion, payments made to Grantee in error for any
reason, including, but not limited to, overpayments or improper payments, and unexpended
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or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement, deduction from
any payment due under any other contracts, grants or agreements between the State and
Grantee, or by any other appropriate method for collecting debts owed to the State.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
“Local Match Amount”). Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year
debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Project Budget in
Exhibit B.
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final
reimbursement request or invoice. Any Grant Funds remaining after submission and payment
of Grantee’s final reimbursement request are subject to de-obligation by the State.
8. REPORTING – NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
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all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Intergovernmental
Grant Agreement using procedures as determined by the State. The State shall monitor
Grantee’s performance in a manner that does not unduly interfere with Grantee’s
performance of the Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security (http://oit.state.co.us/ois) and all applicable laws, rules, policies,
publications, and guidelines. Grantee shall immediately forward any request or demand for
State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns 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 Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
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Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement, if Grantee fails to comply with any term or condition of this Grant, the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
in the State’s sole discretion. The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased
performing the Work without intent to resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
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representative or principal representative contact information by notice submitted in accordance
with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C.
Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501,
et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or
protections of any of these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement. Prior or contemporaneous additions, deletions, or other changes to this
Agreement shall not have any force or effect whatsoever, unless embodied herein.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant, properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
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E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Performance Start Date. Grantee
shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
G. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Colorado Special Provisions in §19 of the main body of this Grant;
ii. Any executed Option Letter and Amendment;
iii. The provisions of this Intergovernmental Grant Agreement; and
iv. The provisions of any exhibits to this Intergovernmental Grant Agreement.
H. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
I. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Enforcement of this Agreement
and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Grant are incidental to the Grant, and
do not create any rights for such third parties.
K. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
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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.
L. Accessibility
i. Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended.
ii. Grantee shall comply with and the Work Product provided under this Agreement 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. Grantee 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.
iii. The State may require Grantee’s compliance to the State’s Accessibility Standards to
be determined by a third party selected by the State to attest to Grantee’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.
19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
A. STATUTORY APPROVAL. §24-30-202(1) C.R.S.
This Intergovernmental Grant Agreement shall not be valid until it has been approved by the
Colorado State Controller or designee. If this Intergovernmental Grant Agreement is for a
Major Information Technology Project, as defined in §24-37.5-102(2.6), then this
Intergovernmental Grant Agreement shall not be valid until it has been approved by the
State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S.
Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the
Parties, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI,
Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et
seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or
employee of the State. Grantee shall not have authorization, express or implied, to bind the
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State to any agreement, liability, or understanding, except as expressly set forth herein.
Grantee 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 Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head
taxes incurred pursuant to this Intergovernmental Grant Agreement. Grantee 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.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Intergovernmental Grant Agreement. 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 Intergovernmental
Grant Agreement shall be filed and proceedings held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Intergovernmental Grant Agreement that requires the State to
indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits
Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible
property; or that conflicts with this provision in any way shall be void ab initio. Nothing in
this Intergovernmental Grant Agreement shall be construed as a waiver of any provision of
§24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Intergovernmental Grant Agreement shall not
be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and
warrants that, during the term of this Intergovernmental Grant Agreement and any extensions,
Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds. If the State determines that Grantee is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this
Intergovernmental Grant Agreement, including, without limitation, immediate termination of
this Intergovernmental Grant Agreement and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and
24-50-507 C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Intergovernmental
Grant Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect,
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that would conflict in any manner or degree with the performance of Grantee’s services and
Grantee shall not employ any person having such known interests.
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EXHIBIT B – SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Peace Officers Behavioral Health Support and Community Partnerships Grant Program
(POMH). The purpose of the POMH Grant Program, established under C.R.S. 24-32-3501 as amended,
is to provide grants to law enforcement agencies, behavioral health entities, county or district public
health agencies, community-based social service and behavioral health providers, peace officer
organizations, and public safety agencies to be used for:
1.1.1. Co-responder community responses, meaning a model of criminal justice diversion that pairs
law enforcement and behavioral health providers to intervene and respond to behavioral health-
related calls for police service, utilizing the combined expertise of the law enforcement officer
and behavioral health specialist to de-escalate situations and help link individuals with
behavioral health issues to appropriate services (C.R.S. 24-32-3501, 2(a));
1.1.2. Community-based alternative responses, meaning a person-centered crisis response to
community members who are experiencing problems related to poverty, homelessness,
behavioral health, food insecurity, and other social issues, that directs certain calls for police
service to more appropriate support providers in lieu of a police response (C.R.S. 24-32-3501,
2(b));
1.1.3. Counseling services for peace officers and their immediate family members, including
reimbursing peace officers who have paid the costs of their own counseling services (C.R.S. 24-
32-3501, 2(c));
1.1.4. Assistance for law enforcement agencies’ development and implementation of policies to
support peace officers who are involved in a shooting or a fatal use of force (C.R.S. 24-32-3501,
2(d));
1.1.5. Training and education programs that teach peace officers and their immediate family members
the symptoms of job-related mental trauma and how to prevent and treat such trauma (C.R.S.
24-32-3501, 2(e));
1.1.6. Peer support programs for peace officers (C.R.S. 24-32-3501, 2(f)); and
1.1.7. Hiring, contracting, or developing a remote network to provide behavioral health counseling,
therapy, or other related support services to peace officers involved in job-related traumatic
situations (C.R.S. 24-32-3501, 2(g)).
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of providing Grant Funds to the City of Fort Collins for
provision of counseling services to peace officers and their immediate families.
2.2. Work Description. The City of Fort Collins (Grantee) will hire a full time mental health counselor to
provide in-house psychological services for peace officers and their immediate family members. Grant
Funds will only reimburse the Mental Health Counselor for actual hours of service (per §2.5). Services
include: counseling, crisis intervention, preventive education, mental health-related training,
reimbursement to peace officers who have previously paid the costs of their own counseling services,
and assistance for development and implementation of policies to support peace officers involved in
shootings or a fatal use of force. Additionally, the Grantee will provide ongoing clinical consultation
for the City of Fort Collins Police Department Peer Support Team, as well as hiring, contracting, or
developing a remote network to provide behavioral health counseling therapy, or other associated
support services for job-related mental trauma and how to prevent and treat such trauma.
2.2.1. A contract for consultant services shall be awarded by Grantee to a qualified firm through a
formal Request For Proposals or competitive selection process.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
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2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses.
2.5.1. Reserved.
2.5.2. Eligible expenses for behavioral health support include: consulting fees, RFP/bid
advertisements, counseling services including professional counseling, therapy, treatment
services, mental health wellness checks, critical incident debriefing, trauma prevention, and
reimbursement of expenses for counseling services incurred by a peace officer; peace officer
immediate family members are eligible for counseling services, training and education
programs associated to job-related trauma of the peace officer and how to prevent and treat job-
related trauma, Peer support programs including professional training and oversight, “train the
trainer” costs, on-site training and education, and costs of a behavioral health provider; training
and education including costs of registration and travel expenses for conferences, retreats, on-
or off-site training, membership fees, licenses for software applications; development and
implementation of behavioral health policies including consulting fees, printing, training; and
hiring, contracting, or developing a remote network to provide behavioral health counseling,
therapy, or other related support service including information technology services and training.
Travel expenses incurred by peace officers to attend eligible behavioral health training are
eligible expenses and include mileage at the current year IRS mileage rate, meals not included
with the training event not to exceed the applicable per diem rate, and lodging.
2.5.3. Ineligible expenses shall include but are not limited to: co-responder/community based
alternative responses expenses, vehicle purchase or lease, peace officer or first responder
regular or overtime wages, retainer-type contracts (e.g., standard fee per month every month),
capital improvements (e.g, office renovations), equipment (e.g., uniforms, office furniture,
exercise equipment), food, childcare costs, and Grant administration or overhead.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1. “Other: Eligible POMH Expenditures” means consultant fees and RFP/bid advertisement costs
for provision of behavioral health services to peace officers, books, audio books, software
applicatons and other education and training materials that provide behavioral health support to
peace officers.
3.2. Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is to provide financial relief in the form of reimbursement to
eligible entities for approved costs associated with the provision of behavioral health support services.
4.2. Service Area. The performance of the Work described within this Grant shall be located in Larimer
County, Colorado.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Submit Quarterly Pay Requests
Submit Quarterly Status Reports
Submit Project Final Report September 28, 2026
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4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter (Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2, or move Other Funds between and among
budget lines, so long as the total amount of such “Other Funds” is not less than the amount set
forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such
change does not require an amendment or option letter. DOLA will verify the Grantee’s
contribution of “Other Funds” and compliance with this section at Project Closeout.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
4.5.2. Specific submittal dates.
*State fiscal year runs from July 1 – June 30 annually. Grantee must request reimbursement
for all eligible costs incurred during a State fiscal year by July 15 annually.
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of
Rob Seals, Police Psychologist, (rseals@fcgov.com), who is an employee or agent of Grantee, and is
hereby designated as the responsible administrator of this Project and a key person under this §5. Such
administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee,
such person must have signature authority to bind the Grantee and must provide evidence of such
authority.
5.2. Other Key Personnel. None. Such key personnel shall be updated through the process in §5.3.
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5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
6. FUNDING
The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2,
Budget, below.
6.1. Matching/Other Funds. No Match is required.
6.2. Budget
Cost
1 PM2518 - Other: Eligible POMH Expenditures $100,000 $100,000
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment Amount
written Pay Requests from the Grantee for
Total $100,000
7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if
any, during the term of this Grant. Results of such monitoring shall be documented by Grantee
and maintained on file.
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OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
Insert DLG Portal number for
this Project
Option Letter CMS
Number
Insert CMS number for this
Grantee Previous CMS #(s)
Project Number and Name
Insert DOLA's project number and name
Grant Amount
Initial Award: $Insert orig award amt
Option Letter ## and date effective/spendable: $0.00
Option Letter ## and date effective/spendable: $0.00
Total Grant Amount: $Insert total award to date Ella Bowman, (303) 864-7896
Month Day, Year Month Day, Year
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By: ____________________________________
Maria De Cambra, Executive Director
Date: ___________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
and dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ____________________________________
Beulah Messick, DOLA Controller Delegate
Date: ___________________
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POMH-25-018 - Fort Collins Peace Officers Behavioral Health Support
Page 2 of 3
1) OPTIONS: Choose all applicable options listed in §1 and in §2
a. Option to extend (use this option for Extension of Time)
b. Change in the Grant Award Amount within the current term (use this option for an Increase or
Decrease in Grant Funds, including Supplemental funding awards)
c. Budget Line Adjustment(s) – reallocation of awarded Grant Funds to Budget Line(s) (use this
Option to redistribute existing Grant Funds between budget lines)
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Option 1(a): In accordance with Section 2(A) of the original Intergovernmental Grant Agreement
between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's
Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on
Insert ending date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following:
Milestone/Performance Measure By:
See §4.5.2 below
See §4.5.2 below
Quarter Year Due Date Pay Request Status Report
2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes
3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes
4th (Oct-Dec) 2025 January 30, 2026 Yes Yes
1st (Jan-Mar) 2026 April 30, 2026 Yes Yes
2nd (Apr-Jun) 2026 JULY 15, 2026* Yes Yes
3rd (Jul-Sep) 2026 October 30, 2026 Yes Yes
4th (Oct-Dec) 2026 January 30, 2027 Yes Yes
1st (Jan-Mar) 2027 April 30, 2027 Yes Yes
2nd (Apr-Jun) 2027 JULY 15, 2027* Yes Yes
3rd (Jul-Sep) 2027 October 30, 2027 Yes Yes
4th (Oct-Dec) 2027 January 30, 2028 Yes Yes
*State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred
during a State fiscal year by July 15 annually.
b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Intergovernmental Grant
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in
an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant
Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement
is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section
7.1, both of Exhibit B, are deleted and replaced with the following:
Budget Line(s) Total Project
Cost Funds Funds Funds
Source
Personnel Services Costs $ 0.00 Grantee
Operations/Program Costs Grantee
Payment Amount
written Pay Requests from the Grantee for reimbursement of
Docusign Envelope ID: 355D42C9-DD83-4980-80F0-FA6F69C8884D
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Item 17.
POMH-25-018 - Fort Collins Peace Officers Behavioral Health Support
Page 3 of 3
Total
c. For use with Option 1(c): In accordance with Section 7(D)(i) of the original Intergovernmental Grant
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project
Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following:
Budget Line(s) Total Project
Cost Funds Funds Funds
Source
Personnel Services Costs $ 0.00 Grantee
Operations/Program Costs Grantee
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever
is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Docusign Envelope ID: 355D42C9-DD83-4980-80F0-FA6F69C8884D
Page 163
Item 17.
File Attachments for Item:
18. First Reading of Ordinance No. 058, 2025, Authorizing Transfers of Appropriations
from Broadband Operating Funds to Capital Project Accounts.
The purpose of this item is to transfer monies that were previously appropriated by City Council
as 2025 Broadband operating fund expenses to Broadband capital projects. The previously
authorized operating expenditures are not expected to be spent in 2025 because:
- Connexion video product sales have slowed and related appropriated costs will not be fully
expended in 2025.
- Marketing budget, after review, has sufficient underspend expected in 2025.
- Other operating efficiencies exist resulting in additional expected underspend in 2025.
Staff recommends transfer of the total unencumbered and unspent budget appropriations to
Broadband capital projects for the purpose of funding additional installations resulting from
increased customer sign-ups.
Page 164
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Tyler Marr, Deputy City Manager
Chad Crager, Connexion Executive Director
Jeff Rochford, Connexion FP&A Manager
SUBJECT
First Reading of Ordinance No. 058, 2025, Authorizing Transfers of Appropriations from Broadband
Operating Funds to Capital Project Accounts.
EXECUTIVE SUMMARY
The purpose of this item is to transfer monies that were previously appropriated by City Council as 2025
Broadband operating fund expenses to Broadband capital projects. The previously authorized operating
expenditures are not expected to be spent in 2025 because:
- Connexion video product sales have slowed and related appropriated costs will not be fully expended
in 2025.
- Marketing budget, after review, has sufficient underspend expected in 2025.
- Other operating efficiencies exist resulting in additional expected underspend in 2025.
Staff recommends transfer of the total unencumbered and unspent budget appropriations to Broadband
capital projects for the purpose of funding additional installations resulting from increased customer sign-
ups.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Purpose for fund transfer to capital accounts:
Transferred funds would be utilized for the purpose of funding projected installations for single-family
homes and multi-dwelling units from the following Connexion sources:
Content (Cost of Goods Sold) $800,000
Marketing $400,000
Operational Efficiencies $200,000
Total: $1,400,000
Page 165
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Reason for operating funds availability:
Due to slowing video product sales, Connexion’s costs of goods are projected to be significantly under
budget in 2025. Therefore, $800,000 is recommended to be transferred, leaving the remaining budget
which will allow for any unexpected increase in sales. Additionally, when the 2025/2026 budget was
approved, Connexion had consolidated two different Marketing budgets previously existing in two separate
business units. Although the expected Marketing expenditures are anticipated to grow year over year, there
exists $400,000 of projected underspend and after thorough review, $200,000 of additional operational
efficiencies resulting in underspend were identified. This has resulted in a total of $1,400,000 eligible to
transfer to Broadband capital expenses.
CITY FINANCIAL IMPACTS
This item has no financial impact to the City as it only transfers existing 2025 appropriations from the
Broadband fund to Broadband capital accounts.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance for Consideration
Page 166
Item 18.
- 1 -
ORDINANCE NO. 058, 2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS FROM
BROADBAND OPERATING FUNDS TO CAPITAL PROJECT
ACCOUNTS
A. Connexion, the Broadband utility owned and operated by the City of Fort
Collins is requesting that existing 2025 appropriations to the Broadband operating fund
by City Council be transferred to Broadband capital accounts.
B. The previously authorized operating expenditures are not expected to be
spent in 2025. Connexion video product sales, marketing and other operating efficiencies
exist resulting in expected underspend in 2025.
C. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of funding additional installations
for single-family homes and multi-dwelling units.
D. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
E. The City Manager has recommended the transfer of $1,400,000 from the
Broadband Operating Budget in the Broadband Fund to the Broadband Capital Project
Budget in the Broadband Fund and determined that the purpose for which the funds were
initially appropriated no longer exists.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
G. The City Council wishes to designate the appropriation herein for the
Broadband installation project 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:
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Item 18.
- 2 -
Section 1. The unexpended and unencumbered appropriated amount of ONE
MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) is authorized for
transfer from the Broadband Operating Budget in the Broadband Fund to the Broadband
Project Budget in the Broadband Fund and appropriated therein to be expended for the
Broadband installation project.
Section 2. The appropriation herein for the Broadband installation project is
hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
appropriation that shall not lapse at the end of this fiscal year but continue until the
completion of the project.
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Yvette Lewis-Molock
Page 168
Item 18.
File Attachments for Item:
19. Items Relating to the Willow Street Improvements – Linden Street to Lincoln Avenue
Project.
A. Resolution 2025-042 Authorizing the Execution of an Intergovernmental Agreement
Regarding a Grant of Funds for the Second Phase of the Willow Street Improvements Project
Between the City of Fort Collins and the Downtown Development Authority for the Willow Street
Improvements – Linden Street to Lincoln Avenue Project.
B. First Reading of Ordinance No. 059, 2025, Making Supplemental Appropriations from Grant
Revenue and Authorizing Transfers of Appropriations for the Willow Street Improvements –
Linden Street to Lincoln Avenue Project and Related Art in Public Places.
The purpose of these items is to enable the City to receive and expend Downtown Development
Authority (DDA) grant funds for the Willow Street Improvements – Linden Street to Lincoln
Avenue project (Project). The funds will be used for design and right-of-way acquisition for
improvements along Willow Street between Linden Street and Lincoln Avenue. If approved, the
item will: 1) authorize the Mayor to execute an Intergovernmental Agreement (IGA) for the
Project with the DDA; 2) transfer $70,000 from existing funds for the Willow Street
Improvements project west of Linden Street to the Project; 3) appropriate $180,000 of DDA
grant funds to the Project; 4) appropriate $1,800 of Transportation Services Fund reserves to
the Project; and 5) appropriate $1,800 (1%) of the DDA grant funds to the Art in Public Places
(APP) program.
Page 169
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
John Gerwel, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Items Relating to the Willow Street Improvements – Linden Street to Lincoln Avenue Project.
EXECUTIVE SUMMARY
A. Resolution 2025-042 Authorizing the Execution of an Intergovernmental Agreement Regarding a Grant
of Funds for the Second Phase of the Willow Street Improvements Project Between the City of Fort Collins
and the Downtown Development Authority for the Willow Street Improvements – Linden Street to Lincoln
Avenue Project.
B. First Reading of Ordinance No. 059, 2025, Making Supplemental Appropriations from Grant Revenue
and Authorizing Transfers of Appropriations for the Willow Street Improvements – Linden Street to Lincoln
Avenue Project and Related Art in Public Places.
The purpose of these items is to enable the City to receive and expend Downtown Development Authority
(DDA) grant funds for the Willow Street Improvements – Linden Street to Lincoln Avenue project (Project).
The funds will be used for design and right-of-way acquisition for improvements along Willow Street
between Linden Street and Lincoln Avenue. If approved, the item will: 1) authorize the Mayor to execute
an Intergovernmental Agreement (IGA) for the Project with the DDA; 2) transfer $70,000 from existing
funds for the Willow Street Improvements project west of Linden Street to the Project; 3) appropriate
$180,000 of DDA grant funds to the Project; 4) appropriate $1,800 of Transportation Services Fund
reserves to the Project; and 5) appropriate $1,800 (1%) of the DDA grant funds to the Art in Public Places
(APP) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
The River District Streetscape Improvements Project Plan (dated August 1, 2008) envisions a consistent
and comprehensive streetscape approach within the River District, and the Project is within the identified
plan area. As the River District has redeveloped, the City and the DDA have sought to prepare streetscape
designs for sections of the River District ahead of, and in conjunction with proposed redevelopment. The
City and the DDA have partnered to deliver the design and eventual construction of two streetscape
improvement projects within the River District: 1) Linden Street Improvements – Jefferson Street to the
Page 170
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Poudre River and 2) Willow Street Improvements – Linden Street to the BNSF railroad (Phase 1). Both
projects saw significant financial participation from the DDA and development within the corridors.
The DDA and the City entered into an IGA in 2014 to complete the design and engineering for the initial
phase of the Willow Street Improvements project (Phase 1) between the BNSF railroad and Linden Street.
Later in 2014 the DDA and the City partnered to fund the construction of these improvements. That work
was completed in 2020. Willow Street between Linden Street and Lincoln Avenue was contemplated as
Phase 2 of the Willow Street Improvements project. As with Phase 1, the Project was contemplated to
move forward once there was interest in development within the corridor (see Attachment 5 for Vicinity
Map).
A proposed development at 360 Linden Street has submitted to the City for conceptual review. This
property has significant frontage along Willow Street within the limits of the Project. Preparing a design for
this section of Willow Street will provide necessary guidance to this and subsequent development.
Operationally, redevelopment has driven many of the improvements within the River District and City. The
design will identify the proposed streetscape improvements for this corridor and help determine what
improvements will be the developer’s responsibility for constructing or for providing financial participation.
The DDA has proposed an IGA (Attachment 2) with the City to cooperate in the preparation and design for
the Project. The City can minimize the funding needed to prepare the streetscape design with a willing
partner in the DDA, future development contributions, as well as an identified development contribution
from the Bas Bleu Development recently appropriated by City Council (Attachment 4: Ordinance No. 22,
2025).
Willow Street, between Linden Street and Lincoln Avenue, is a unique corridor with an existing railroad
spur, need for active modes improvements, and on-street parking needs to support redevelopment and
existing development. Authorizing the resolution to execute the IGA and appropriation of the DDA grant
funds will also allow the City to begin critical negotiations with OmniTRAX (Great Western Railway of
Colorado) concerning the existing railroad spur in this section of Willow Street.
CITY FINANCIAL IMPACTS
The following table is a summary of the proposed funding appropriation for the Willow Street Improvements
– Linden Street to Lincoln Avenue project.
The total fund amount projected for the Project is $281,345 composed of funds appropriated with prior
actions and with this action.
Development Contributions to Construction 29,545$
Total Prior Appropriation 29,545$
Transfer of Willow Street Improvements - Phase 1 Capital
Project Funds to Phase 2 70,000$
Downtown Development Authority (DDA) Funds 180,000$
Transportation Services Fund 1,800$
Total Funds to be Appropriated per this Action 251,800$
Transfer to Art in Public Places 1,800$
Total Project Funds 281,345$
Funds to be Appropriated per this Action
Prior Appropriated Funds
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Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
A development contribution to the Project was authorized by City Council via Ordinance No. 22, 2025, on
March 4, 2025 (Attachment 4). The Project and proposed IGA were brought before the DDA Board of
Directors on February 13, 2025, where the IGA was approved (see Attachment 6 pages 5 and 6).
PUBLIC OUTREACH
Staff will work with the DDA and the Communications and Public Involvement Office to develop and
implement a comprehensive public engagement plan for the Project.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. Ordinance No. 022, 2025
5. Vicinity Map
6. DDA Meeting Minutes, February 2025
Page 172
Item 19.
-1-
RESOLUTION 2025-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT REGARDING A GRANT OF FUNDS FOR THE SECOND
PHASE OF THE WILLOW STREET IMPROVEMENTS PROJECT
BETWEEN THE CITY OF FORT COLLINS AND THE DOWNTOWN
DEVELOPMENT AUTHORITY FOR THE WILLOW STREET
IMPROVEMENTS – LINDEN STREET TO LINCOLN AVENUE PROJECT
A. The purpose of this item is to enable the City to receive and expend
Downtown Development Authority (“DDA”) grant funds for the Willow Street
Improvements – Linden Street to Lincoln Avenue project (“Project”).
B. The Downtown zone district is divided into nine subdistricts, one of which is
the River District. The River District Streetscape Improvements Project Plan (dated
August 1, 2008) envisions a consistent and comprehensive streetscape approach within
the River District, which the City and DDA have been working toward designing and
redeveloping. The Project is within the identified plan area.
C. As the River District has redeveloped, the City and the DDA have sought to
prepare streetscape designs for sections of the River District ahead of, and in conjunction
with proposed redevelopment. The City and the DDA have partnered to deliver the design
and eventual construction of two streetscape improvement projects within the River
District: 1) Linden Street Improvements – Jefferson Street to the Poudre River and 2)
Willow Street Improvements – Linden Street to the BNSF railroad (“Phase 1”). Both
projects saw significant financial participation from the DDA and development within the
corridors.
D. The DDA and the City entered into an intergovernmental agreement (“IGA”)
in 2014 authorized by Resolution 2014-051, to complete the design and engineering for
Phase 1. Later in 2015 the DDA and the City partnered to fund the construction of these
improvements. That work was completed in 2020.
E. The Project that is the subject of this Resolution is contemplated as Phase 2
of the overall Willow Street Improvements project. As with Phase 1, the Project was
contemplated to move forward once there was interest in development within the corridor,
and a proposed development on Linden Street has prompted the City and DDA to move
forward. The Project design will identify the proposed streetscape improvements for this
corridor and help determine what improvements will be the developer’s responsibility for
constructing or for providing financial participation.
F. The DDA has proposed an IGA with the City, approved by the DDA’s Board
of Directors on February 13, 2025, to cooperate in the preparation and design for the
Project.
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Item 19.
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G. The City can minimize the funding needed to prepare the streetscape
design with a willing partner in the DDA, future development contributions, as well as the
development contribution from the Bas Bleu Development that Council appropriated via
Ordinance No. 22, 2025.
H. The IGA funds are anticipated to be appropriated via Ordinance No. 059,
2025, and used for design and right-of-way acquisition for the Project. This section of
Willow Street between Linden Street and Lincoln Avenue also has an existing railroad
spur, a need for active modes improvements, and on -street parking needs to support
redevelopment and existing development. The IGA and appropriation will also allow the
City to begin critical negotiations with OmniTRAX (Great Western Railway of Colorado)
concerning the existing railroad spur in this section of Willow Street.
I. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or fac ilities when
the cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve.
J. City Charter Article II, Section 16 empowers the City Council, by ordinance
or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services or enter into cooperative or joint activities
with other governmental bodies.
K. Municipal Code Section 1-22 requires the City Council to approve
intergovernmental agreements that require the City to make a direct, monetary payment
over $50,000, and funds anticipated to be appropriated pursuant to this IGA amount to
$251,800. City staff recommends that the City Council appropriate funds in this amount
by separate ordinance.
L. The City Council finds and determines that the Project and the DDA grant
funding are in the best interests of the City, that they advance the public’s health, safety,
and welfare by facilitating further design and improvement of the City’s multimodal
transportation safety and infrastructure and streetscapes, and that the Mayor be
authorized to execute the IGA between the City and the DDA in support thereof.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council authorizes the Mayor to execute, on behalf of the
City, the intergovernmental agreement with the Downtown Development Authority, in
substantially the form attached hereto as Exhibit A, with additional or modified terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes
of this Resolution.
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Item 19.
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Section 2. The City Council hereby authorizes the City Manager to approve and
execute future amendments to the intergovernmental agreement with the Downtown
Development Authority relating to the Project that the City Manager, in consultation with
the City Attorney, determines to be necessary and appropriate to facilitate completion of
the Project, so long as such amendments do not increase the cost of the Project,
substantially modify the purposes of the intergovernmental agreement, increase the
allocation or amount of funding for the Project funded by the City, or otherwise increase
the obligations and responsibilities of the City as set forth in the intergovernmental
agreement.
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Heather N. Jarvis
Page 175
Item 19.
INTERGOVERNMENTAL AGREEMENT REGARDING
A GRANT OF FUNDS FOR THE SECOND PHASE OF THE
WILLOW STREET IMPROVEMENT PROJECT
This Intergovernmental Agreement (“Agreement”) is made and entered into on the date of
last signature below, by and between the CITY OF FORT COLLINS, COLORADO, a Colorado
municipal corporation (the “City”), and the FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the “DDA”).
WITNESSETH:
WHEREAS, pursuant to C.R.S.§31-25-808(g), the DDA is empowered to make
contributions, grants, and loans to the City which will further the statutory mission of the DDA;
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council of the
City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services or enter into cooperative or joint
activities with other governmental bodies;
WHEREAS, C.R.S. §29-1-203 also provides that governments may cooperate or contract
with one another to provide certain services or facilities when such cooperation or contracts are
authorized by each party thereto with the approval of its legislative body or other authority having
the power to so approve;
WHEREAS, pursuant to intergovernmental agreements (“IGAs”) between the City and the
DDA in 2014 and 2019, the DDA granted to the City the combined sum of six hundred eighty
thousand dollars ($680,000) (collectively, the “Phase 1 Willow Project Grants”), for use in
connection with the preparation of engineering design plans and for construction of the River
District Improvement Project – Willow Street (the “Phase 1 Willow Street Project”);
WHEREAS, subsequent to the 2019 IGA, the City received additional funding for the
Phase 1 Willow Street Project through the voter-approved Community Capital Improvement 10-
Year Quarter-Cent Sales Tax, resulting in savings to the DDA, estimated by the City to be seventy
thousand dollars ($70,000) (the “Phase 1 Savings”);
WHEREAS, the DDA, for the Phase 1 Willow Project Grants, is entitled to a street
oversizing reimbursement under the City’s Transportation Capital Expansion Fee reimbursement
program, estimated by the City to be one hundred thirty-six thousand four hundred twelve dollars
($136,412) (the “Phase 1 Fee Reimbursement”);
WHEREAS, the DDA and the City desire to have final engineering and streetscape design
plans prepared for an additional River District improvement project along Willow Street, between
Linden Street and Lincoln Street (the “Phase 2 Willow Street Project”);
WHEREAS, the City intends to release a request for proposals (“RFP”) regarding the
EXHIBIT A TO RESOLUTION 2025-042
Page 176
Item 19.
2
preparation of final engineering and streetscape design plans for the Phase 2 Willow Street Project;
WHEREAS, the DDA desires to contribute a total of two hundred fifty thousand dollars
($250,000) to the Phase 2 Willow Street Project, which will consist of the Phase 1 Savings, the
Phase 1 Fee Reimbursement, and additional budgeted funds from the DDA in the amount of up to
forty-three thousand five hundred eighty-eight dollars ($43,588), to be used by the City for its
payment obligations under the contract that arises out of the RFP;
WHEREAS, to fund construction of the Phase 2 Willow Street Project, the City is
considering including such project on its Community Capital Improvement Projects list
(“CCIPL”), which will be submitted to voters for approval at the general election to be held on
November 4, 2025;
WHEREAS, in the event the City declines to include the Phase 2 Willow Street Project on
its CCIPL or to otherwise fund the Phase 2 Willow Street Project, this Agreement shall be
terminated as hereinafter set forth;
WHEREAS, the Phase 2 Willow Street Project is intended to further and fulfill all adopted
plans and guidelines of the City pertaining to the River District, including the City Plan,
Transportation & Infrastructure Master Plan, Active Modes Plan, Downtown Plan, Parking Plan,
River District Streetscape Improvements Project Plan, and the River Downtown Redevelopment
Zone District Guidelines;
WHEREAS, the Phase 2 Willow Street Project is located within the boundaries of the DDA
and such project is consistent with the statutory goals and purposes of the DDA as set forth in
C.R.S.§31-25-801, et seq., and the DDA’s adopted plan of development;
WHEREAS, the Phase 2 Willow Street Project will further the mission of the DDA by
increasing safety, improving traffic flow, and creating a more visually appealing and attractive
pedestrian environment along Willow Street; and
WHEREAS, by Resolution 2025-_____, the City Council of the City authorized the Mayor
to execute this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties adopt the
foregoing recitals and agree as follows:
1.Grant of DDA Funds. Except as provided in Section 3 below, the DDA shall grant
to the City the sum of two hundred fifty thousand dollars ($250,000) under, and subject to, the
following terms and conditions:
a.Grant of Funds, Amounts and Sources. The City shall not be eligible to receive any
funds pursuant to this Agreement until it has selected a contractor to perform the
services requested in the RFP (the "Contractor") and has entered into a contract for
the same (the "Contract"). The City agrees that the Contract shall contain the
EXHIBIT A TO RESOLUTION 2025-042
Page 177
Item 19.
3
termination provision described in Section 3 below. Upon execution of the Contract
by the City and the Contractor, the DDA shall pay to the City the sum of two hundred
fifty thousand dollars ($250,000), which shall consist of the Phase 1 Savings
(estimated to be $70,000), the Phase 1 Fee Reimbursement (estimated to be
$136,412), and other budgeted funds of the DDA in the amount of forty-three
thousand five hundred eighty-eight dollars ($43,588) (or such lesser amount as is
necessary to bring the DDA’s total contribution to $250,000). (All funds contributed
to the City under this Section 1(a) shall be referred to hereinafter collectively as the
“Grant Funds”).
b.Use of Grant Funds. The Grant Funds shall be expended by the City solely for the
following: (i) payments to the Contractor for its performance of the Contract; and
(ii) to cover costs incurred by the City which are directly related to the Contract,
including, but not limited to, materials, printing, and document and/or data
production or reproduction. The parties anticipate that development of the designs
under the RFP may require the assistance of a consultant with expertise in
negotiations with railroad companies. If such professional railroad consultant is not
retained by the Contractor as a subcontractor under the Contract, but rather is hired
directly by the City, such costs incurred by the City for such purpose shall be deemed
to be costs related to the Contract and shall be eligible for payment under this
Agreement. For the avoidance of doubt, the City understands and agrees that it shall
not receive any funds for City staff time spent working on the Phase 2 Willow Street
Project or in relation thereto.
c.Accounting. The City shall periodically provide to the DDA copies of Contractor
invoices and other documentation sufficient for the DDA to determine that the Grant
Funds have been expended by the City in a manner consistent with this Agreement.
The frequency with which the City shall provide such information shall be as
reasonably determined by the parties, but in no case more often than once every sixty
(60) days.
d.Acknowledgement of City Plans and Guidelines Pertaining to River District. The
City and DDA agree that the Phase 2 Willow Street Project is intended to further
and fulfill all adopted plans and guidelines of the City pertaining to the River
District, including the City Plan, Transportation & Infrastructure Master Plan,
Active Modes Plan, Downtown Plan, Parking Plan, River District Streetscape
Improvements Project Plan, and the River Downtown Redevelopment Zone District
Guidelines.
e.Reduction in Grant Funds Due to Receipt of Other Funds. In the event that the City
receives third-party funding for the Phase 2 Willow Street Project, via grant award
or any other source sufficient to obviate the need for all or a portion of the Grant
Funds, the City agrees that such third-party funding shall be applied to such project
and shall serve to reduce the Grant Funds by a commensurate amount.
f.Expiration of Grant Funds. Any Grant Funds not expended by the City for the
above-stated purposes by December 31, 2027, shall be promptly returned to the
EXHIBIT A TO RESOLUTION 2025-042
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Item 19.
4
DDA.
g.Maximum Amount of Grant Funds under IGA. The maximum amount of DDA funds
that shall be disbursed to the City pursuant to this Agreement shall be $250,000.
2.DDA Involvement in Community Engagement, RFP, and Designs. The City
agrees to involve the DDA in the Phase 2 Willow Street Project as follows:
a.Community Engagement. The parties acknowledge that community engagement
with River District stakeholders will be necessary for a successful final design for
the Phase 2 Willow Street Project. The parties agree to cooperate in good faith to
develop a mutually-agreeable process for stakeholder engagement.
b.RFP Review. The City agrees to provide the DDA with a meaningful opportunity
to review and comment on the RFP prior to its issuance, and further agrees to in
good faith consider feedback on the RFP provided by DDA staff.
c.Design Development Process. The City agrees to provide the DDA with a
meaningful opportunity to participate in the design development process under the
RFP to include, but not be limited to, providing the DDA with copies of draft and
final designs as they are delivered to the City, and the opportunity to attend meetings
at which designs are presented and discussed. The City further agrees to in good
faith consider feedback on designs provided by DDA staff.
3.Termination of IGA for Non-Inclusion of Project on CCIPL, Required Contract
Provision. The City agrees to include in the Contract a provision allowing the City to terminate
the Contract without cause upon fifteen days’ notice. In the event that the City declines to include
the Phase 2 Willow Street Project on its CCIPL, the City agrees to issue notice of termination to
the Contractor within three (3) business days of the date on which the City Council of the City
finalizes the CCIPL, unless the City has otherwise committed to and secured funding for the
Project and provided evidence of such to the DDA. The City shall be entitled to use the Grant
Funds to pay the Contractor for sums due under the Contract through the date of termination. After
such final payment has been made to the Contractor, this Agreement shall terminate and the City
shall promptly return to the DDA any remaining Grant Funds. For the avoidance of doubt, the
failure of voters to approve the CCIPL ballot measure shall not trigger the requirement for Contract
termination or otherwise affect this Agreement.
4.Notice. All notices to be given to parties hereunder shall be in writing and shall be
sent by certified mail to the addresses specified below:
DDA: Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to: Liley Law, LLC
Attn: Joshua C. Liley
EXHIBIT A TO RESOLUTION 2025-042
Page 179
Item 19.
5
2727 Redwing Road, Suite 342
Fort Collins, CO 80526
CITY: City of Fort Collins
Attn: Director of Infrastructure Services
215 N. Mason Street
Fort Collins, CO 80521
With a copy to: City of Fort Collins
Attn: City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
5.Governing Law. This Agreement shall be governed by, and its terms construed
under, the laws of the State of Colorado.
6.Annual Appropriations. Any financial obligations of the DDA or the City arising
under this Agreement which are payable after the current fiscal year are contingent upon funds for
that purpose being annually appropriated, budgeted, and otherwise made available by the City
Council of the City, in its discretion, and/or the DDA Board, in its discretion, as applicable
7.No Third-Party Beneficiaries. It is the mutual intent of the parties that this
Agreement shall inure to the benefit of only the parties hereto. Accordingly, nothing in this
Agreement shall be construed as creating any right or entitlement which inures to the benefit of
any third party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
above written.
CITY OF FORT COLLINS, COLORADO,
a Colorado municipal corporation
By: ____________________________________
Jeni Arndt, Mayor
Date: ____________________________________
ATTEST:
____________________________________
Delynn Coldiron, City Clerk
EXHIBIT A TO RESOLUTION 2025-042
Page 180
Item 19.
6
APPROVED AS TO FORM:
____________________________________
Heather N. Jarvis, Assistant City Attorney
FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate
and politic
By: ____________________________________
David Lingle, Chair
Date: ____________________________________
ATTEST:
_________________________________
Cheryl A. Zimlich, Secretary
EXHIBIT A TO RESOLUTION 2025-042
Page 181
Item 19.
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ORDINANCE NO. 059, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM GRANT
REVENUE AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE WILLOW STREET
IMPROVEMENTS – LINDEN STREET TO LINCOLN AVENUE
PROJECT AND RELATED ART IN PUBLIC PLACES
A. The purpose of this item is to appropriate grant monies received pursuant
to an intergovernmental agreement (“IGA”) authorized by Resolution 2025-042 between
the City and the Downtown Development Authority (“DDA”) for the Willow Street
Improvements – Linden Street to Lincoln Avenue project (“Project”).
B. The Downtown zone district is divided into nine subdistricts, one of which is
the River District. The River District Streetscape Improvements Project Plan (dated
August 1, 2008) envisions a consistent and comprehensive streetscape approach within
the River District, which the City and DDA have been working toward designing and
redeveloping. The Project is within the identified plan area.
C. As the River District has redeveloped, the City and the DDA have sought to
prepare streetscape designs for sections of the River District ahead of, and in conjunction
with proposed redevelopment. The City and the DDA have partnered to deliver the design
and eventual construction of two streetscape improvement projects within the River
District: 1) Linden Street Improvements – Jefferson Street to the Poudre River and 2)
Willow Street Improvements – Linden Street to the BNSF railroad (“Phase 1”). Both
projects saw significant financial participation from the DDA and development within the
corridors.
D. The DDA and the City entered into an IGA in 2014 authorized by
Resolution 2014-051 to complete the design and engineering for Phase 1. Later in 201 4
the DDA and the City partnered to fund the design and construction of these
improvements (initial appropriation Ordinance No. 093, 2014, and other ordinances as
listed in Recital Q below). That work was completed in 2020.
E. The Project that is the subject of this Ordinance is contemplated as Phase 2
of the overall Willow Street Improvements project. As with Phase 1, the Project was
contemplated to move forward once there was interest in development within the corridor,
and a proposed development on Linden Street has prompted the City and DDA to move
forward. The Project design will identify the proposed streetscape improvements for this
corridor and help determine what improvements will be the developer’s responsibility for
constructing or for providing financial participation.
F. The City can minimize the funding needed to prepare the streetscape
design with a willing partner in the DDA, future development contributions, as well as the
development contribution from the Bas Bleu Development that Council appropri ated via
Ordinance No. 22, 2025.
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G. The IGA funds will be used for design and right-of-way acquisition for the
Project. This section of Willow Street between Linden Street and Lincoln Avenue also has
an existing railroad spur, a need for active modes improve ments, and a need for on-street
parking to support redevelopment and existing development. The IGA and appropriation
will also allow the City to begin critical negotiations with OmniTRAX (Great Western
Railway of Colorado) concerning the existing railroad spur in this section of Willow Street.
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, does 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 Capital Projects fund and will not cause the total amount appropriated in the Capital
Projects fund to exceed the current estimate of actual and a nticipated revenues and all
other funds to be received in this fund during this fiscal year.
J. 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.
K. The City Manager has recommended the appropriations described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Transportation Services fund and that this appropriation will not
cause the total amount appropriated in the Transportation Services fund to exceed the
current estimate of actual and anticipated revenues and all other funds to be received in
this fund during this fiscal year.
L. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
M. The City Manager has recommended the transfer of $70,000 from the
Willow Street Improvements Phase 1 project in the Capital Projects fund to the Willow
Street Improvements – Linden Street to Lincoln Avenue Phase 2 Project in the Capital
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Item 19.
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Projects fund and determined that the purpose for which the transferred funds are to be
expended remains unchanged.
N. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
O. The City Council wishes to designate the appropriation s herein for the
Willow Street Improvements – Linden Street to Lincoln Avenue Project as appropriations
that shall not lapse until the completion of the Project.
P. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
Q. This Ordinance makes $250,000 available to the Project. The project cost
of $180,000 has been used to calculate the contribution to the APP program because the
amount of $70,000 is being transferred from Willow Street Improvements Phase 1 project
funds. The $70,000 amount was excluded from this APP calculation because the APP
contribution based on that and earlier phase funding was transferred in the earlier project
phase in prior ordinances (Ordinance No. 154, 2017, Ordinance No. 133, 2018, and
Ordinance No. 061, 2019).
R. The amount of $70,000 was excluded from this calculation due being
transferred from a different project phase that contributed to the APP program in a prior
Ordinance.
S. The amount to be contributed in this Ordinance will be $1,800.
T. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation and streetscape infrastructure and safety within the City.
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
Capital Projects fund the sum of ONE HUNDRED EIGHTY THOUSAND DOLLARS:
($180,000) to be expended in the Capital Projects fund for the Willow Street
Improvements – Linden Street to Lincoln Avenue Project.
Section 2. There is hereby appropriated from prior year reserves in th e
Transportations Services fund the sum of ONE THOUSAND EIGHT HUNDRED
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DOLLARS ($1,800) to be expended in the Transportation Services fund for transfer to the
Capital Projects fund and appropriated and expended therein for the Willow Street
Improvements – Linden Street to Lincoln Avenue Project.
Section 3. The unexpended and unencumbered appropriated amount of
SEVENTY THOUSAND DOLLARS ($70,000) is authorized for transfer from the Willow
Street Improvements Phase 1 project in the Capital Projects fund to the Willow Street
Improvements – Linden Street to Lincoln Avenue Phase 2 Project in the Capital Projects
fund and appropriated and expended therein for the Project.
Section 4. The unexpended and unencumbered appropriated amount of ONE
THOUSAND FOUR HUNDRED FOUR DOLLARS: ($1,404) in the Capital Projects fund is
hereby authorized for transfer to the Cultural Services and Facilities fund and
appropriated and expended therein to fund art projects under the APP program.
Section 5. The unexpended and unencumbered appropriated amount of
THREE HUNDRED SIXTY DOLLARS: ($360) in the Capital Projects fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein for the operation costs of the APP program.
Section 6. The unexpended and unencumbered appropriated amount of
THIRTY-SIX DOLLARS: ($36) in the Capital Projects fund is hereby authorized for
transfer to the Cultural Services and Facilities fund and appropriated and expended
therein for the maintenance costs of the APP program.
Section 7. The appropriation herein for Willow Street Improvements – Linden
Street to Lincoln Avenue Phase 2 Project is hereby designated, as authorized in Article
V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of
this fiscal year but continue until the completion of the capital project.
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Heather N. Jarvis
Page 185
Item 19.
l
ORDINANCE NO. 022, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF A
DEVELOPMENT CONTRIBUTION TO CONSTRUCTION AND
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
WILLOW STREET IMPROVEMENTS -LINDEN STREET TO
LINCOLN AVENUE PROJECT AND RELATED ART IN PUBLIC
PLACES
A.The purpose of this item is to appropriate a development contribution to
construction from the developer of the Bas Bleu Development, which was contributed
under City Code Section 24-95 as a payment-in-lieu of constructing the local portion of
frontage improvements adjacent to the development on Willow Street and Pine Street.
B.In 2004, Bas Bleu Development, LLC entered into a development
agreement, which described the requirements and conditions for the redevelopment of
the Bas Bleu Theatre Company property at 401 Pine Street, with frontage on Willow and
Pine streets. The development agreement contemplated construction improvements on
Willow and Pine streets and obligated the development to contribute to the City to for the
design and construction of these improvements. The obligation was collected as non
expiring escrow rather than a payment.
C.As a result of a Downtown River District improvement project, the City and
the Downtown Development Authority constructed a portion (from Linden Street to the
BNSF Railroad) of the improvements contemplated forWillow Street in the development
agreement with Bas Bleu Development.
D.The City and First Western Trust, the financial institution holding the Bas
Bleu Development escrow, calculated the payment due for the Willow Street
improvements to be $29,545.
E.Bas Bleu's remaining obligation for the design and construction of the Pine
Street improvements has never been constructed as there has never been a second
phase of the Bas Bleu redevelopment.
F.The City and the Downtown Development Authority are planning for and
designing the next phase of improvements along Willow Street, the Willow Street
Improvements -Linden Street to Lincoln Avenue capital project (the "Project''). Because
the western section of Willow Street improvements is complete, the Bas Bleu
development contribution to construction is being herein appropriated to this next phase
of the Project.
G.Article V, Section 9 of the City Charter permits the City Council, upon the
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, does not
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1,504.7
FCMaps
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS
1,143.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,143.00571.50
Notes
Legend
6,859
Parcels
Growth Management Area
Parks
Schools
Natural Areas
City Limits
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File Attachments for Item:
20. Items Relating to Code Updates for Water Utility Fees.
A. First Reading of Ordinance No. 060, 2025, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Fees When a Single Water Service for a Duplex is Split Between the
Two Dwelling Units.
B. First Reading of Ordinance No. 061, 2025, Amending Chapter 26-148 of the Code of the City
of Fort Collins to Revise the Water Supply Requirement for Residential Lots.
The purpose of these items is to ensure that new or expanded water service connections
contribute to system capacity costs.
Page 197
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Randy Reuscher, Lead Analyst, Utility Rates
Heidi Hansen, Water Utilities Development Review Manager
SUBJECT
Items Relating to Code Updates for Water Utility Fees.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 060, 2025, Amending Chapter 26 of the Code of the City of Fort Collins
Regarding Fees When a Single Water Service for a Duplex is Split Between the Two Dwelling Units.
B. First Reading of Ordinance No. 061, 2025, Amending Chapter 26-148 of the Code of the City of Fort
Collins to Revise the Water Supply Requirement for Residential Lots.
The purpose of these items is to ensure that new or expanded water ser vice connections contribute to
system capacity costs.
STAFF RECOMMENDATION
Staff recommends adoptions of these Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Water Supply Requirement (WSR), Water Plant Investment Fee (WPIF), and Wastewater Plant
Investment Fee (SPIF) are key components of the City’s water utility fees, ensuring that new or expanded
water service connections contribute to system capacity costs. These updates address specific concerns
related to fee structures:
Duplex Service Splitting – There are roughly two dozen known duplexes in the Fort Collins Utilities service
area served by one water meter, but with separate dwelling unit owners, many of which were constructed
in the 1970’s.
Currently, duplexes served by a single water line are required to pay the difference in WPIF, SPIF, and
WSR fees when converting from a single meter to two separate meters. This ordinance allows the Utilities
Executive Director to waive these fees when engineering and plumbing conditions support the split without
additional system impact. It is assumed that water demand and wastewater flows would not increase or
change by only adding a second meter.
Page 198
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Having separate meters in place will allow for the monthly billing for each dwelling unit to be billed
separately to each customer. This will also provide separate winter quarter average (WQA) calculations
for each dwelling and allow wastewater services to be billed separately for these customers.
Revised WSR Calculation for Large Lots – The current WSR calculation method for residential large lots
assumes outdoor irrigation of the entire lot based on 10 gallons per sq. ft. (with exceptions for things such
as building footprints, paved driveways, sidewalks, etc.) In cases where the property is currently served
by well water, the current requirement makes it prohibitively expensive in most cases to connect large
residential properties to City water.
Given the size of these lots, these customers generally do not irrigate the full outdoor parcel area. The
proposed calculation will cap the 10 gallons per sq. ft. assumption at ½ acre and any area above 1/2 acre
will require a hydrozone-based approach to calculate water use for the remaining area. This will more
closely align WSR fees with their actual expected water use and likely allow more customers to convert
from well water, where their well has either failed or they are challenged with contaminant issues, to connect
to City water.
These changes support equitable fee structures while maintaining responsible water resource
management.
CITY FINANCIAL IMPACTS
The waiver of development fees is expected to have minimal impact on the Water Fund, given the number
of eligible duplexes within the Fort Collins Utilities service territory is estimated to be on ly a few dozen
customers. It is estimated that each duplex conversion to two water meters would save a customer ~$1,300
in the proposed fee waiver, depending on lot size, which equates to roughly $32,500 less in total revenue
for the Water Fund if all eligible duplexes applied to split, although the requests are expected to be minimal.
Revising the WSR calculation for residential large lots could potentially have a significant financial benefit
for a particular parcel, but the number of large lots within the Fort Collins water service territory is estimated
to be low. Additionally, the number of residential large lots that may want to connect to the Fort Collins
Utilities water service because of an existing water well would be minimal, maybe only 1 or 2 customers
every few years. The current requirement has been cost prohibitive for these customers to connect to City
services; therefore, the proposed change could increase development fee revenue for the Water Fund as
a whole. The amount would be highly dependent on the size of the lot.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
A memo of the proposed changes was provided to the Water Commission at the March 20, 2025, meeting.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
Page 199
Item 20.
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ORDINANCE NO. 060, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING FEES WHEN A SINGLE WATER SERVICE FOR A DUPLEX IS SPLIT
BETWEEN THE TWO DWELLING UNITS
A. The City owns and operates a water utility that provides water service to
customers in its service area pursuant to the City Charter, City Code, and other applicable
laws.
B. The City Council is empowered and directed by the City Charter Article XII,
Section 6, by ordinance from time to time, to fix, establish, maintain and provide for the
collection of such rates, fees, or charges for utility services furnished by the City as will
produce revenues sufficient to pay the costs, expenses, and other obligations of the water
utility, as set forth therein.
C. The City provides water service to various duplexes, defined in City Code
Section 7.5-17 as dwellings containing two dwelling units.
D. Current practice is for duplexes to be constructed to be served by two water
service lines, one for each dwelling unit. However, there are various duplexes in the
City’s water service area that were constructed years ago that are served by a single
water service line. In these situations, the City bills one customer for water use by both
dwelling units.
E. Duplexes being served by a single water service line can create various
issues for the City and its water customers, including challenges with inequities in how
water use is billed and allocated between the duplex’s two dwelling units, a lack of
incentives for water conservation by the owners of the two dwelling units, and potential
disputes between the residents and owners of the two dwelling units. Many of these
challenges can be magnified when the two dwelling units have separate o wners.
F. It can thus be desirous to “split” the water service for such duplexes by
replacing the single water service line with two separate water service lines, each one
serving one of the duplex’s dwelling units. The feasibility to “split” the water service for
such duplexes can depend on the duplexes’ internal plumbing and other factors.
G. Where “splitting” such water service is feasible, City staff has concluded that
the duplex’s water use will remain relatively constant after the splitting such that additional
Water Plant Investment Fees, described in City Code Sections 26-120 and 26-128, and
additional Water Supply Requirements, described in City Code Sections 26-147 and 26-
148, are not required to offset impacts to the City’s water utility and its ratepayers.
H. Where “splitting” such water service is feasible, City staff has also
concluded that the duplex’s generation of wastewater will remain relatively constant after
the splitting such that additional Sewer Plant Investment Fees, described in City Code
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Item 20.
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Sections 26-283 and 26-284 are not required to offset impacts to the City’s water utility
and its ratepayers.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 26-120 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (h) which reads in its ent irety as follows:
Sec. 26-120. - Water plant investment fees.
. . .
(h) Notwithstanding the provisions of this Section, § 26-128, § 26-147, § 26-283, and
§ 26-284, the Utilities Executive Director is authorized to waive payment of the WPIF and
the Water Supply Requirement (WSR) pursuant to this Subsection (h).
(1) A customer of the water utility with a duplex served by a single water service
line that is seeking to split the duplex’s water service by replacing the single service
line with two (2) service lines, one (1) for each dwelling unit, may request that the
Utilities Executive Director waive the WPIF and the WSR. The Utilities Executive
Director may prepare a form of application and other documents for such requests
identifying the necessary information.
(2) The Utilities Executive Director will, following any appropriate investigations
including requests for information from the applicant, waive payment of the WPIF
and the WSR if the Utilities Executive Director finds that the following co nditions
are met:
a. The duplex’s plumbing and other factors establish that water service
to the duplex can be split between the two dwelling units; and
b. No other engineering, plumbing, or other reasons preclude the
splitting of water service for the duplex.
(3) If an application for such a waiver is denied, the Utilities Executive Director
will notify the applicant in writing of the denial and state the reasons therefor.
Section 2. Section 26-147 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-147. - Grant of water rights; required.
All owners of premises requesting water service from the City as a new water
service or replacing an existing meter or service with a larger size, shall, before
being granted a water service permit, satisfy the assessed Water Supply
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Item 20.
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Requirements (WSR) as determined in this Division without cost to the City. The
WSR may be waived pursuant to § 26-120(h). The WSR is as provided in this
Division.
Section 3. Section 26-283 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (f) which reads in its entirety as follows and
all subsequent Subsections to be re-lettered accordingly:
Sec. 26-283. - Sewer plant investment fees (SPIF); basis.
. . .
(f) Notwithstanding the provisions of Subsections (a) and (c) of this S ection, the
Utilities Executive Director is authorized to waive payment of the SPIF pursuant to this
Subsection (f).
(1) A customer of the wastewater utility and the water utility with a duplex
served by a single water service line that is seeking to split the duplex’s water
service by replacing the single service line with two (2) service lines, one (1) for
each dwelling unit, may request that the Utilities Executive Director waive the
SPIF. The Utilities Executive Director may prepare a form of application and other
documents for such requests identifying the necessary information.
(2) The Utilities Executive Director will, following any appropriate investigations
including requests for information from the applicant, waive payment of the SPIF if
the Utilities Executive Director finds that the following conditions are met:
a. The duplex’s plumbing and other factors establish that water service
to the duplex can be split between the two (2) dwelling units; and
b. No other engineering, plumbing, or other reasons preclude the
splitting of water service for the duplex.
(3) If an application for such a waiver is denied, the Utilities Executive Director
will notify the applicant in writing of the denial and state the reasons therefor.
. . .
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Item 20.
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Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Eric Potyondy
Page 203
Item 20.
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ORDINANCE NO. 061, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-148 OF THE CODE OF THE CITY OF FORT COLLINS TO
REVISE THE WATER SUPPLY REQUIREMENT FOR RESIDENTIAL LOTS
A. The City owns and operates a water utility that provides water service to
customers in its service area pursuant to the City Charter, City Code, and other applicable
laws.
B. The City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain, and provide for the collection of such rates, fees,
or charges for utility services furnished by the City as will produce revenues sufficient to
pay the costs, expenses, and other obligations of the water utility, as set forth therein.
C. City water utility customers must meet the Water Supply Requirement
(“WSR”) to receive new water service or to replace an existing meter or service with a
larger size. The WSR is set forth in City Code Sections 26 -146 through 26-150. The
WSR is calculated, in gallons, considering the annual volume of water a customer is
anticipated to use. The WSR for residential water service is set forth in City Code Section
26-148.
D. City staff have reviewed the WSR for residential water service and
recommend that it distinguish the WSR for large residential lots (with an outdoor area
greater than ½ acre) versus more standard-sized residential lots (with an outdoor area of
1/2 acre or less). This will allow City Staff to more accurately assess the WSR for large
residential lots without assessing a larger WSR than necessary.
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 Section 26-148(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-148. - Water supply requirement (WSR); residential service.
(a) Residential service for WSR shall include single-family, duplex,
mobile/manufactured homes, and multi-family dwelling units (greater than 2 dwelling
units), including fraternity and sorority multi-family housing.
(1) For residential service to single family and duplex, the formula to calculate
the WSR shall be:
Page 204
Item 20.
-2-
Indoor WSR = 12,200 x Bedrooms
Outdoor WSR = For parcels with an Outdoor Area ½ acre or less: 10 x Outdoor
Area
For parcels with an Outdoor Area over ½ acre:
for first ½ acre of Outdoor Area, 10 x Outdoor Area;
for Outdoor Area over ½ acre, Outdoor Area x applicable hydrozone
water consumption amount from Land Use Code § 5.10.1(D)(3)(b)
as determined by the Utilities Executive Director
Where:
WSR = Water Supply Requirement in gallons.
Outdoor Area = Area of the parcel for which water service is requested, in
square feet, less: the area of any buildings (footprint), paved
driveways, City sidewalks, public street rights-of-way, City-
maintained tracts and rights-of-way, ditches, railways, and
other areas typically maintained by persons other than the
owner of the premises or an agent of the owner. The outdoor
area shall be as determined by the Utilities Executive Director.
If adequate information is not available, the area of the parcel
shall be used for outdoor area.
Bedrooms = Number of bedrooms on the parcel for which water service is
requested, as determined by the Utilities Executive Director.
. . .
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Eric Potyondy
Page 205
Item 20.
File Attachments for Item:
21. First Reading of Ordinance No. 062, 2025, Amending Sections 12-29 and 12-30 of the
Code of the City of Fort Collins to Update the Residential Waste Collection Program.
The purpose of this item is to update the City Code to modify the Contracted Residential Waste
Collection Program and include additional variance and exclusion options that were not
originally anticipated.
Page 206
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Josh Birks, Deputy Director, Sustainability Services
Megan DeMasters, Manager, Environmental Sustainability
Emily Wenger, Lead Specialist, Environmental Sustainability
SUBJECT
First Reading of Ordinance No. 062, 2025, Amending Sections 12-29 and 12-30 of the Code of the
City of Fort Collins to Update the Residential Waste Collection Program.
EXECUTIVE SUMMARY
The purpose of this item is to update the City Code to modify the Contracted Residential Waste Collection
Program and include additional variance and exclusion options that were not originally anticipated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Residential Trash Collection Program (Program) began on September 30, 2024. Staff has learned
many lessons in the months leading up to program launch and through the first four and a half months of
operation. These lessons come from feedback provided by residents and conversations with partners
regarding areas where the original program can be refined or improved. Specifically, staff identified
additional reasons to enable residents to opt-out of the Program without paying the opt-out fee through the
variance process or through exclusion from the Program. The Code updates to address these include:
Exclusion for Property Served by a Dumpster
What: Currently properties are excluded from the Program if they are “served by a dumpster”. Staff
seek to clarify that this exclusion applies to properties with a dumpster located on the property or
on a neighboring common area.
Why: Current Code lacks clarity about when the dumpster exclusion applies. Clarifying that the
exclusion applies when the dumpster is located on the property or on a nearby common area will
provide certainty to program staff, the contracted hauler, and residents about the scope of the
exclusion.
Impact to Program participation: There is not expected to be an impact to program participation
due to this update. Staff have currently been making determinations regarding program exclusion
based on this interpretation of code. This code adjustment seeks to add clarity to code to reinforce
programmatic decisions.
Page 207
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Impact to Program operations and goals: This will positively impact program operations by
providing clarity around the dumpster exclusion.
Safety Exclusion Rule
What: This will create an avenue in the Code granting the City Manager the authority to exclude
properties from the program where it is not possible for the Contractor to safely provide curbside or
alley service as is required per City Code and the Contract.
Why: The City’s contracted hauler has identified a neighborhood it is unable to provide curbside
service to due to an unsafe bridge that is privately owned and maintained.
Impact to program participation: There are eight known residences this change would impact.
Additional impacts to program participation are expected to be minimal.
Impact to program operations and goals: This will positively impact program operations by
creating a pathway for staff to address other unique situations where safety is a concern.
Remote Dumpster Variance
What: This will allow community members who own a business within Fort Collins City limits, pay
for commercial dumpster service, and haul their personal trash to that dumpster to receive a
variance from the program.
Why: This variance was developed in response to resident feedback that the opt-out fee creates
hardship for small business owners who have previously taken residential trash to a dumpster at
their small business.
Impact to program participation: The variance only applies to business owners who are
responsible for paying for dumpster service at their business and where the business (and
dumpster) is in City limits. It is estimated that this variance would impact less than 100 residential
units.
Impact to program operations and goals: Residents who receive this variance would have
access to single-stream recycling because of the Community Recycling Ordinance but would not
have access to curbside yard trimmings service.
Habitability Variance
What: This gives property owners the ability to request a temporary variance for properties that are
vacant due to habitability restrictions for a minimum of 30 days.
Why: The current Code treats vacant residential units the same regardless of habitability, both are
subject to the opt-out fee. Based on feedback from residents, staff no longer views this as an
appropriate approach. Uninhabitable vacant units cannot be used for their intended purpose –
habitation. This can occur for reasons outside the property owner’s control and charging the opt-
out fee in these circumstances constitutes a hardship. While habitable vacant units largely occur
due to market conditions (e.g., tenant turn-over or lack of demand). These conditions constitute
part of the risk associated with property ownership; and therefore, should continue to pay the opt-
out fee.
Impact to program participation: Staff have confirmed one current case where this variance
would apply. Impact will be limited by the temporary nature of this proposed variance.
Impact to program operations and goals: This variance will create clarity in operations and offer
flexibility within the program to meet the unique needs of residents in this situation.
CITY FINANCIAL IMPACTS
The anticipated impact is limited to a reduction in revenue from the program’s administrative fee and is
expected to be negligible.
Page 208
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
No formal outreach occurred. Feedback from residents that informed these recommendations was
gathered through phone calls, emails, Access Fort Collins requests, and attending community meetings.
ATTACHMENTS
1. Ordinance for Consideration
Page 209
Item 21.
-1-
ORDINANCE NO. 062, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 12-29 AND 12-30 OF THE CODE OF THE
CITY OF FORT COLLINS TO UPDATE THE RESIDENTIAL
WASTE COLLECTION PROGRAM
A. Colorado Revised Statutes § 30-15-401(7.5) authorizes the City to establish
a residential waste collection program (the “Program”), through which the City can require
municipal residents in single-unit residences and multi-unit residences with seven or
fewer dwelling units to use or pay user charges for residential waste services.
B. On July 19, 2022, in Resolution 2022-079, the City Council directed City
staff to design and issue a request for proposals for residential waste collection services,
including trash and recycling collection services for purposes of establishing a waste
collection program as authorized by C.R.S. § 30-15-401(7.5).
C. On April 18, 2023, through Ordinance No. 054, 2023, the Council authorized
the City to establish the Program, and through Ordinance No. 055, 2023, authorized the
City to enter into a contract with a waste hauler (the “Contractor”) to provide residential
waste collection services under the Program. The Council determined that adoption of
the Program would improve waste collection in the City including by: increasing equity
and lowering pricing; increasing composting of yard trimmings; reducing greenhouse gas
emissions; saving on street maintenance; and ensuring a high level of waste collection
customer service with enforcement capability.
D. Through Ordinance No. 054, 2023, the Council adopted Code changes that
created the structure of the Program. City Code Section 12-29 excludes certain properties
from the Program, including commercial buildings, larger multi-family buildings, certain
group accounts, and properties “served by a dumpste r”. Additionally, Section 12-30
authorizes the Director of the Environmental Services Department to issue two types of
variances to the Program: the shared service variance and the excess waste variance.
E. Republic Services began providing residential waste collection services
under this Program on September 30, 2024. Since initiation of the Program, City staff
have received a significant amount of feedback on the Program’s design. After
consideration of this feedback, City staff recommend that the Program design be
amended to clarify and expand on the Program exceptions in Section 12 -29 and create
two new Program variances in Section 12-30.
F. For the Program exceptions, City staff has recommended two modifications:
First, clarify the exclusion for properties served by a dumpster to apply to properties with
a dumpster located on the property or on a neighboring common area; and second, allow
the City Manager to exclude properties from the Program where it is not possible for the
Contractor to safely provide curbside or alley service as is required per City Code and the
Contract.
Page 210
Item 21.
-2-
G. For the Program variances, City staff has recommended creating two new
types of variances: a Remote Dumpster Variance and a Habitability Variance. The
Remote Dumpster Variance allows a residence to be excluded from the Program for two
years if the residence owner or occupant has a contract with a hauler to u se a dumpster
somewhere in the City. The Habitability Variance allows a residence to be excluded from
the Program for up to ninety days if the residence is unsafe for human habitation for at
least thirty days.
H. The Council desires to enact the Program exceptions and Program
variances staff has recommended, as set forth in this 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 follows:
Section 1. Section 12-29 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-29. Program exclusions and opting-in to the program.
. . .
(b) AllAny residential units served by a dumpster located either on the residential unit
property or a neighboring common area for the residential unit is are excluded from the
City residential waste collection program.
(c) Commercial customers, multi-family customers, and owners or occupants of a
residential unit served by a dumpster as described in subsection (b) of this section may
elect to participate in the City's dumpster program by requesting service from the City's
contracted waste collector subject to the program re quirements set forth in the City's
waste collection contract and as contained in this Article.
. . .
(e) The City Manager may, in their reasonable discretion, designate a specified
residential unit as excluded from the City’s residential waste collection program if the
provision of residential waste collection services to that residential unit would create a
substantial likelihood of harm to persons or property. The City’s residential waste
collection program may make a petition with supporting evidence for such a designation
to the City Manager. Any such designation or recission of the designation must be made
by rule.
Section 2. Section 12-30 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 211
Item 21.
-3-
Sec. 12-30. Variances.
(a) Program customers may request a variance from the program to apply to a
residential unit pursuant to this Section. Program customers may request a shared
service variance under Subsection (d)(1) of this Section, or an excess waste variance
under Subsection (d)(2) of this Section, or a remote dumpster variance under Subsection
(d)(3) of this Section. An owner of a residential unit may request a habitability variance
for the residential unit under Subsection (d)(4) of this Section.
. . .
(c) A variance granted under this SectionSubsection (d)(1), (d)(2) or (d)(3) of this
Section shall be valid for twenty-four (24) months. A variance granted under Subsection
(d)(4) of this Section shall be valid for ninety (90) days. A granted variance shall exclude
the grantee's residential unit from the City's residential waste collection program for the
duration of the variance and accordingly, the grantee shall not be subject to any of the
requirements of §12-32 for that period, including any requirement to pay th e City's
contracted waste collector any charge or fee under the City's residential waste collection
program.
(d) Program customers may request a variance from the program for the following
situations:
. . .
(2) An excess producer variance willshall only be granted if the program
customer provides proof, to the reasonable satisfaction of the Director, that the
program customer consistently produces solid waste in an amount greater than
the volume of the largest cart service offered by the City's contracted waste
collector.
(3) A remote dumpster variance will be granted by the Director if the program
customer provides proof, to the reasonable satisfaction of the Director, that the
program customer has contracted with a solid waste collector for the right to
dispose of solid waste in a dumpster located within the City.
(4) A habitability variance will be granted by the Director for a residential unit if
the owner of the residential unit provides proof, to the reasonable satisfaction of
the Director, that the residential unit is and will continue to be unsafe fo r human
habitation for a period of not less than thirty (30) days.
Page 212
Item 21.
-4-
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Ted Hewitt
Page 213
Item 21.
File Attachments for Item:
22. Resolution 2025-043 Approving the Design, Creation and Installation of Public Art at
Schoolside Park.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission an artist to create art for the Schoolside Park Project. The expenditure
of $45,000 will be for design, engineering, materials, signage, fabrication, delivery, installation,
and contingency for Gregory Fields to create the artworks for the Schoolside Park Project.
Page 214
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Ellen Martin, Visual Arts Administrator
SUBJECT
Resolution 2025-043 Approving the Design, Creation and Installation of Public Art at Schoolside
Park.
EXECUTIVE SUMMARY
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account
to commission an artist to create art for the Schoolside Park Project. The expenditure of $45,000 will be
for design, engineering, materials, signage, fabrication, delivery, installation, and contingency for Gregory
Fields to create the artworks for the Schoolside Park Project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Section 23-303 of the Code, which was added in 1995, established the Art in Public Places (APP) Reserve
Account, and designated it for use in acquiring or leasing works of art, maintenance, repair or display of
works of art, and administrative expenses related to the APP Program, in accordance with the APP
Guidelines adopted by the Council in Ordinance No. 20, 1995. In 2012, City Council permanently adopted
the APP Program, and reenacted City Code Chapter 23, Article IX, with certain modifications.
APP Artist Gregory Fields, from Lafayette, Colorado, was selected through a request for quotation process
and collaborated with the Project Team to develop artwork for this site.
Schoolside Park is located near Bacon Elementary School. The proposed metal and ceramic sculptures
will have bright colors and a surface relief that invites visitors to touch and feel the surface. The artist is
proposing two 8-foot-tall sculptures located at prominent entry points to the park and three 4-foot-tall
sculptures to be distributed at various locations along the park trails. The sculptures are made of
weathering steel and handmade glazed ceramic tiles.
The two tallest sculptures will feature ceramic panels that at first glance appear to be abstract designs but
are inspired by closeup views of flowers, bird feather patterns, butterfly wings, and the skin of lizards, fish,
and snakes. Adding dimensionality to the surface are small, recessed steel panels with circles cut out to
allow light through. The smaller pollinator themed sculptures along the trail contain ceramic panels
depicting a creature that is likely to be familiar to children using the park. All the life forms represented are
found in Colorado.
Page 215
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
The funds for this item have been appropriated in the Reserve Account. The APP program also has available
appropriated maintenance funds for the long-term care of the subject artwork and the rest of the APP art
collection.
The Schoolside Park Project art budget is $45,000 to be used for design, engineering, materials, signage,
fabrication, delivery, installation, and contingency for this artwork.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The design concept and budget for the art project was reviewed and recommended for City Council
approval by the APP Board at the December 18, 2024, meeting.
PUBLIC OUTREACH
The selected artist collaborates with the project team to develop concepts for the artwork based on the
goals of the project and input from the team. The final design and budget are reviewed and approved by
the project team and then the APP Board, who then recommends the project to Council for approval.
The APP Program promotes the project in development, fabrication, installation, and completion of the
artwork on social media, website, and newsletters.
ATTACHMENTS
1. Resolution for Consideration
2. Proposed Artwork Description
3. Art in Public Places Board Meeting Minutes, December 18, 2024
Page 216
Item 22.
-1-
RESOLUTION 2025-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE DESIGN, CREATION AND INSTALLATION OF
PUBLIC ART AT SCHOOLSIDE PARK
A. The City has selected Gergory Fields to design, create and install five metal
and ceramic sculptures at Schoolside Park (the “Sculptures”). The Sculptures will include
two eight-foot-tall sculptures located at prominent entry points to the park and three four-
foot-tall sculptures to be distributed at various locations along the park trails . The
Sculptures will be made of weathering steel and handmade glazed ceramic tiles.
B. The total cost of designing, creating and installing the Sculptures is $45,000.
The funds for this item have been appropriated in the Art in Public Places (“APP”) Reserve
Account. The APP program also has available appropriated maintenance funds for the
long-term care of the Sculptures and the rest of the APP art collection.
C. Section 23-308 of the City Code requires the 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 December 18, 2024,
meeting, the APP Board recommended acquiring and installing the Sculptures.
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 Sculptures project
described herein, the conceptual design of which was reviewed and approved by the Art
in Public Places Board at its December 18, 2024, meeting.
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Ted Hewitt
Page 217
Item 22.
Schoolside Park Project
As part of the City’s Schoolside Park Project,
Art in Public Places worked with the Project
Team and Lafayette, CO, artist Gregory Fields
to design art for the site. He is proposing two
8-foot-tall sculptures, located at prominent
entry points to the park, and three 4-foot-tall
pieces, to be distributed at various places
along the park trails. All the pieces are made
of weathering steel and glazed ceramic.
The two tallest sculptures feature ceramic
panels that at first glance appear to be
abstract designs but are inspired by closeup
views of flowers, bird feather patterns,
butterfly wings, and the skin of lizards, fish,
and snakes. Adding dimensionality to the
sculpture surface are small recessed steel
panels with plasma-cut circles cut out that let
light through (see rendering at left). All the
life forms represented are found in Colorado.
The smaller pollinator themed sculptures
contain ceramic panels depicting creatures
that are likely to be familiar to children using
the park. These panels will have bright colors
and surface relief that will invite exploration
with hands. Page 218
Item 22.
8-foot Sculpture 1 8-foot Sculpture 2
4-foot Sculptures
Page 219
Item 22.
Page 220
Item 22.
Artwork Location
Proposed Locations:
8-Foot Sculpture Locations (2)
4-Foot Sculpture Locations (3)
Page 221
Item 22.
ART IN PUBLIC PLACES
RESCHEDULED MEETING
Wednesday, December 18, 2024 – 3:30 PM
The Lincoln Center, Founders Room
1 2 /18 /20 2 4 – MINUTES Page 1
1. CALL TO ORDER: 3:40 PM
2. ROLL CALL
a) Board Members Present – Natalie Barnes, Kathy Bauer, Myra Powers,
Renee Sherman, Heidi Shuff, Christopher Staten, and Nancy Zola
b) Board Members Absent –
c) Staff Members Present – Ellen Martin, Liz Good, Libby Colbert, Amanda
Castelli, Nick Combs, Kellie Gorman
d) City Council Liaison – Councilmember Susan Gutowsky
e) Guests – Allie Ogg, Gregory Fields
3. AGENDA REVIEW
4. PUBLIC PARTICIPATION
5. APPROVAL OF MINUTES, November 20, 2024
Ms. Powers moved to approve the minutes
Ms. Zola seconded.
Unanimously approved.
6. NEW BUSINESS
a) ARTIST IN RESIDENCE UPDATE
Ms. Martin introduced the team including Kellie Gorman and Nick Combs from
Utilities Customer Connections and APP Project Manager Libby Colbert. Artist
Allie Ogg was also in attendance. This was the first time the APP has had an
artist in residence project. The goal was to have an artist learn about the
functions of the utility to share with the community. The artist created 4 story
panels showing the function of Electric, Water, Stormwater, and Wastewater
Utilities in an approachable way. The Utilities plans to move forward by using the
imagery for a full visual rebrand and a campaign called “Here Before You Need
Us.” It will be fully launched with new web software in September but will trickle
into marketing and messaging until then.
SCHOOLSIDE PARK PRESENTATION
Ms. Martin introduced the team including Amanda Castelli with Park Planning
and artist Gregory Fields. The park is adjacent Bacon Elementary near
Timberline and Zephyr Roads. The project collaborated with the school and the
Page 222
Item 22.
ART IN PUBLIC PLACES
REGULAR MEETING
1 2 /18 /20 2 4 – MINUTES Page 2
planned artwork is designed to be accessible, touchable, and sensory. The
proposal is for two 8-foot-tall pillar sculptures located at prominent entry points to
the park and three 4-foot-tall pieces to be distributed at along the trail in the
pollinator meadow. All will be steel with inset ceramic. The larger will have flat
ceramic panels showing abstracted detail views of local plants and animals, and
the smaller will feature carved relief ceramic images of pollinators. The board
discussed signage explaining the imagery on the sculptures. Gregory shared
how helpful it is to have an artist integrated on the project early. He appreciated
that the art wasn’t treated as an afterthought by the program.
Ms. Powers moved to move forward with the Schoolside Park project.
Ms. Sherman seconded.
Unanimously approved.
b) YEAR IN REVIEW
Ms. Martin shared a slideshow of the projects completed in 2024.
c) 2024 ANNUAL REPORT DRAFT
Ms. Martin shared a draft of the Annual Report based on last year. It will be
brought to the next meeting for final approval
8. OTHER BUSINESS
Ms. Bauer thanked staff for their organization and running of the program . Ms.
Powers said the staff was small but mighty. There was a discussion about the
Anniversary Celebration and inviting members of past board and City Council
from when the Board was formed.
9. ADJOURNMENT 5:20 PM
Minutes approved by the chair and a vote of the Board/Commission on 02/19/25
Page 223
Item 22.
File Attachments for Item:
23. Resolution 2025-044, Authorizing the Amendment of an Intergovernmental Agreement
Between the City of Fort Collins and the U.S. Department of Transportation for
Implementation of a Smart Grid Electric Vehicle Charge Management Solution .
The purpose of this item is for Council to ratify the Mayor having signed an Amendment to the
Intergovernmental Agreement (IGA) between the City and the Department of Transportation
(DOT) to extend the expiration date of the IGA. Notwithstanding the City meeting all required
milestones of the project also known as Stage 1 SMART grid project, the DOT and City
agreed to extend the project to September 15, 2025, from an original end date of March 15,
2025. The basis of extending the term to September 15, 2025, is to support a smooth transition
to the Stage 2 SMART grid project.
The City received an award from DOT for $11.7 million in support of the Stage 2 SMART grid
project. The City and DOT are currently working on finalizing scope of work, budget and period
of performance that will be incorporated into a proposed IGA between the City and DOT.
Page 224
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Tracy Ochsner, Director, Operations Services
Kerri Ishmael, Senior Financial Analyst, Utilities
SUBJECT
Resolution 2025-044, Authorizing the Amendment of an Intergovernmental Agreement Between the
City of Fort Collins and the U.S. Department of Transportation for Implementation of a Smart Grid
Electric Vehicle Charge Management Solution.
EXECUTIVE SUMMARY
The purpose of this item is for Council to ratify the Mayor having signed an Amendment to the
Intergovernmental Agreement (IGA) between the City and the Department of Transportation (DOT) to
extend the expiration date of the IGA. Notwithstanding the City meeting all required milestones of the
project also known as Stage 1 SMART grid project, the DOT and City agreed to extend the project to
September 15, 2025, from an original end date of March 15, 2025. The basis of extending the term to
September 15, 2025, is to support a smooth transition to the Stage 2 SMART grid project.
The City received an award from DOT for $11.7 million in support of the Stage 2 SMART grid project. The
City and DOT are currently working on finalizing scope of work, budget and period of performance that will
be incorporated into a proposed IGA between the City and DOT.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In late 2023 the City and DOT executed an IGA (Attachment 2) for the Stage 1 SMART grid project that
serves to create a municipal fleet electrification standard framework and deploy software to manage all
City-owned EV charging locations. The Stage 1 SMART grid project is a planning and design project.
This project directly supports The City’s Climate Action Plan, which aims to reduce community greenhouse
gas emissions by 80% by 2030 and achieve carbon neutrality by 2050.
In late 2024, the City was awarded $11.7 million in support of implementing the software developed under
Stage 1 SMART grid project, along with incorporating Electric Vehicle (EV) infrastructure on City property
to support City’s fleet of EVs. The $11.7 million will support the Stage 2 SMART grid project, proposed to
commence fall of 2025.
To better align with commencement of implementation of the Stage 2 SMART grid project, DOT and the
City have agreed to extend the IGA to September 15, 2025, which provides an additional six months. The
DOT signed the amendment on March 4, 2025. Due to the approaching end date of the Agreement of
Page 225
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
March 15, 2025, the Mayor signed the amendment to extend the Agreement on March 10, 2025. Pursuant
to the Amendment (Attachment 3), the term of the IGA is twenty-four months, from September 15, 2023,
to September 15, 2025.
Considering the work by the City for the Stage 1 SMART grid project that correlates to proposed work of
the Stage 2 SMART grid project, the City recommended the Mayor sign the Amendment to the IGA,
extending the term of the IGA to September 15, 2025.
CITY FINANCIAL IMPACTS
There are no financial impacts. By the Mayor signing the Amendment, this only extends the term of the
IGA. The grant funds associated with the IGA, totaling $1,059,037, were appropriated by City Council via
Ordinance No. 111, 2023.
Pursuant to the IGA working on a reimbursement basis, the General Fund will be reimbursed for allowable
costs incurred through September 15, 2025, in upwards of $1,059,037.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Intergovernmental Grant Agreement for Stage 1
Page 226
Item 23.
-1-
RESOLUTION 2025-044
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE AMENDMENT OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
FORT COLLINS AND THE U.S. DEPARTMENT OF
TRANSPORTATION FOR IMPLEMENTATION OF A SMART GRID
ELECTRIC VEHICLE CHARGE MANAGEMENT SOLUTION
A. In 2023, the U.S. Department of Transportation (“DOT”) awarded the City
$1,059,037 (the “Grant”) to fund a project to create a municipal fleet electrification
standard framework and deploy software to manage all City-owned electric vehicle
charging locations. This project (the “SMART Grid Project”) would allow the City to charge
its electric vehicles during times of lower energy demand, improving energy efficiency.
B. Through Resolution 2023-077, the City Council authorized the City to enter
into an agreement with the DOT to govern use of the Grant funds (the “Agreement”). The
Agreement term was eighteen months, from September 15, 2023 , through March 15,
2025.
C. The City has been awarded a second grant by the DOT to implement
software developed under the SMART Grid Project and to build electric vehicle
infrastructure on City property. To better align with commencement of implementation of
the second grant, which is still under negotiation, the DOT and City have agreed to extend
the Agreement to September 15, 2025, which provides an additional six months to the
term. Due to the approaching end date of the Agreement, the Mayor signed the
amendment to extend the Agreement on March 10, 2025.
D. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve.
E. City Charter Article II, Section 16 empowers the City Council, by ordinance
or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities
with other governmental bodies.
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 Mayor having executed an
amendment to the Grant Agreement with the U.S. Department of Transportation, attached
hereto as Exhibit “A” and incorporated herein by this reference .
Page 227
Item 23.
-2-
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Ted Hewitt
Page 228
Item 23.
EXHIBIT A TO RESOLUTION 2025-044
Page 229
Item 23.
EXHIBIT A TO RESOLUTION 2025-044
Page 230
Item 23.
1. Award No.. Effective Date
See No. 17 Below
3. Assistance
Listings No.
20.941
4. Award To
Unique Entity Id:
5. Sponsoring Office
U.S. Department of Transportation
Office of the Assistant Secretary for Research
and Technology
1200 New Jersey Avenue, SE
Washington, DC 20590
6. Period of Performance 7. Total Amount
Federal Share:
Recipient Share:
Other Federal Funds:
Other Funds:
Total:
8. Type of Agreement
Grant
9. Authority
Section 25005 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)
10. Procurement Request No. 11. Federal Funds Obligated
12. Submit Payment Requests To
See article .
13. Payment Office
See article .
14. Accounting and Appropriations Data
15. Description of Project
RECIPIENT
16. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name:
Title:
17. OFFICE OF THE ASSISTANT
SECRETARY FOR RESEARCH AND
TECHNOLOGY Signature of
Agreement Officer
______________________________________
Signature
ame: Roxanne Ledesma
Title: Supervisory Grant Management Specialist
(Agreement Officer)
-HQL$UQGW
0D\RU&LW\RI)RUW&ROOLQV
$33529('$672)250
BBBBBBBBBBBBBBBBBBBBBBB
6U$VVW&LW\$WWRUQH\
SMARTFY22N1P1G14
City of Fort Collins
a Colorado municipal corporation
VEJ3BS5GK5G1
09/15/23 to 03/15/25 $1,059,037
$0
$0
$0
$1,059,037
$1,059,037
Smart grid EV charge mngmnt solution for the EV fleet, through a managed
charging software pilot, a municipal fleet electrification standards
framework, a study on value to city-owned utility ratepayers.
69A3552341051
ROXANNE D
LEDESMA
Digitally signed by ROXANNE D
LEDESMA
Date: 2023.09.15 12:21:12 -04'00'
Page 231
Item 23.
STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION (SMART) GRANTS PROGRAM
U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2023 STRENGTHENING MOBILITY AND REVOLUTIONIZING
TRANSPORTATION (SMART) GRANTS PROGRAM
This agreement is between the [United States Department of Transportation (the “USDOT”)]
and the
(the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Strengthening Mobility
and Revolutionizing Transportation (SMART) Grant for the
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
In this agreement, “General Terms and Conditions” means the content of the document
titled “General Terms and Conditions Under the Fiscal Year Strengthening Mobility
and Revolutionizing Transportation (SMART) Grants Program,” dated -XQH
, which is available at KWWSV ZZZWUDQVSRUWDWLRQJRYJUDQWVVPDUWJUDQWV
PDQDJHPHQW. Articles 7–30 are in the General Termsand Conditions. The General
Terms and Conditions are part of this agreement.
The Recipient states that it has knowledge of the General Terms and Conditions.
Recipient also states that it is required to comply with all applicable Federal laws and
regulations including, but not limited to, the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200);
National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build
America, Buy America Act (BIL, div. G §§ 70901-27).
The Recipient acknowledges that the General Terms and Conditions impose
obligations on the Recipient and that the Recipient’s non-compliance with theGeneral
Terms and Conditions may result in remedial action, termination of theSMART
Grant, disallowing costs incurred for the Project, requiring the Recipient torefund to
the USDOT the SMART Grant, and reporting the non-compliance in theFederal-
government-wide integrity and performance system.
Cit of Fort Collins
Smart Grid Electric Vehicle Charge Management Solution
Page 232
Item 23.
ARTICLE 2
APPLICATION, PROJECT, AND AWARD
a. Application.
Application Title:
Application Date:
b. Award Amount.
SMART Grant Amount:
c. Award Dates.
Period of Performance End Date:
d. Budget Period
Budget Period End Date:
FEDERAL AWARD IDENTIFICATION NUMBER.
The Federal Award Identification Number is listed on page 1, line 1.
Smart Grid Electric Vehicle Charge Management Solution
November 18, 2022
$1,059,037
03/15/2025
03/15/2025
Page 233
Item 23.
ARTICLE 3
SUMMARY PROJECT INFORMATION
a. Summary of Project’s Statement of Work.
b. Project’s Estimated Schedule.
Milestone Schedule Date
Evaluation Data Management Plan 1/7PRDIWHUVWDUW
Draft Implementation Report 1/7\UDIWHUVWDUW
Final Implementation Report E\WKHHQGRIWKH323
Project’s Estimated Costs.
(1) Eligible Project Costs
Eli ible Pro ect Costs
SMART Grant Amount:
Other Federal Funds:
State Funds:
Local Funds:
In-Kind Match:
Other Funds:
Total Eli ible Pro ect Cost:
(2) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share Total Budget
Amount
Direct Labor
Fringe Benefits
Travel
Equipment
Supplies
Contractual/Consultant
Construction
Other
Indirect Costs
Smart grid EV charge mngmnt solution for the EV fleet, through a managed charging software
pilot, a municipal fleet electrification standards framework, a study on value to city-owned
utility ratepayers.
12/15/2023
09/15/2024
03/15/2025
$1,059,037
$0
$0
$0
$0
$0
$1,059,037
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$1,059,037 $0 $1,059,037
$0 $0 $0
$0 $0 $0
$0 $0 $0
Page 234
Item 23.
Total Budget
(3) Cost Classification Table -Implementation Grants Only
Utilize the descriptions from the SF-424c to determine what cost goes in each row.
Cost Classification Total Costs
Non-SMART
Previously
Incurred
Costs
Eligible
Costs
Administrative and legal expenses
Land, structures, rights-of-way, appraisals,
etc.
Relocation expenses and pa ments
Architectural and en ineerin fees
Other architectural and en ineerin fees
Pro ect inspection fees
Site work
Demolition and removal
Construction
Equipment
Miscellaneous
Contin enc
Pro ect Total
$1,059,037 $0 $1,059,037
Page 235
Item 23.
ARTICLE 4
RECIPIENT INFORMATION
a. Recipient’s Unique Entity Identifier.
b. Recipient Contact(s).
c. Recipient Key Personnel.
Name Title or Position
d. USDOT Project Contact(s).
Strengthening Mobility and Revolutionizing Transportation Grants Program Manager
U.S. Department of Transportation
Office of the Assistant Secretary for Research and Technology 1200 New Jersey Avenue,
S.E.
Washington, DC 20590
VEJ3BS5GK5G1
Tracy Ochsner
Director, Operation Services
PO Box 580,
Fort Collins, CO, 80522-0580
970-224-6061
tochsner@fcgov.com
Tracy Ochsner Director, Operation Services
Roxanne Ledesma
(202) 774-8003
Roxanne.Ledesma@dot.gov
Page 236
Item 23.
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
(a) USDOT Office for Subaward and Contract Authorization: Office of the Assistant
Secretary for Research and Technology SUBAWARDS AND CONTRACTS
APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions
of subrecipient (who is awarded a subaward) versus contractor (who is awarded a
contract).
Note: Recipients with a procurement system deemed approved and accepted by the
Government or by the AO are exempt from the requirements of this clause. See 2 CFR
200.317 through 200.327.
(b) Unless described in the application and funded in the approved award, the Recipient
must obtain prior written approval from the AO for the subaward, transfer, or
contracting out of any work under this award above the Simplified Acquisition
Threshold. This provision does not apply to the acquisition of supplies, material,
equipment, or general support services. Approval of each subaward or contract is
contingent upon the Recipient’s submittal of a written fair and reasonable price
determination, and approval by the AO for each proposed contractor/sub-recipient.
Consent to enter into subawards or contracts will be issued through written notification
from the AO or a formal amendment to the Agreement.
(c) The following subawards and contracts are currently approved under the Agreement by
the AO. This list does not include supplies, material, equipment, or general support
services which are exempt from the pre-approval requirements of this clause.
(Fill in at award or by amendment)
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this
agreement if those costs do not exceed the funds available under section 2.2 and are
allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The
Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI eInvoicing System to submit requests for
reimbursement to the payment office. When requesting reimbursement of costs
incurred or credit for cost share incurred, the Recipient shall electronically submit
supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement
for Construction Programs) to clearly document all costs incurred.
Page 237
Item 23.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs
incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the
Recipient shall identify the Federal share and the Recipient’s share of costs. If the
Recipient does not provide sufficient detail in a request for reimbursement, the AO may
withhold processing that request until the Recipient provides sufficient detail.
(d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative
(the “AOR”) reviews and approves the costs to ensure that progress on this agreement
is sufficient to substantiate payment.
(e) The USDOT may waive the requirement in section 19.7(a) that the Recipient use the
DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the
DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html)
or by contacting the AO. A Recipient who seeks a waiver shall explain why they are
unable to use or access the Internet to register and enter payment requests and send a
waiver request to
Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
or
DOTElectronicInvoicing@dot.gov.
(f) To seek reimbursement from DOT, the Recipient shall submit documentary evidence
of all expenditures associated with the Grant Project (those to be covered by the local
and/or state contribution, as well as those covered by the Federal contribution) on a
monthly basis. All reimbursement requests to DOT shall include sufficient
documentation to justify reimbursement of the Recipient, including invoices and proof
of payment of the invoice. In seeking reimbursements, grant recipients must provide
invoices or other evidence of the expenditure, details about the expenditure and how it
relates to the grant project, and evidence of payment.
The requirements set forth in these terms and conditions supersede previous financial
invoicing requirements for Recipients.
Page 238
Item 23.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SMART funds must be expended by the budget period end date in section 10.3 of the
Terms and Conditions.
6.2 The Recipient should demonstrate compliance with civil rights obligations and
nondiscrimination laws, including Title VI of the Civil Rights Act of 1964, the
Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act,
and implementing regulations. This should include a current Title VI plan, completed
Community Participation Plan, and a plan to address any legacy infrastructure or
facilities that are not compliant with ADA standards. The Department’s and the
applicable Operating Administrations’ Offices of Civil Rights may work with awarded
grant recipients to ensure full compliance with Federal civil rights requirements.
6.3 There are no other special grant requirements for this award.
Page 239
Item 23.
ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Baseline Measurement Date: Due 90 days after award
Baseline Report Date: Due 90 days after award
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Safety and Reliability
Qualitative Project Benefits: Qualitative
description of the anticipated impacts of
at-scale implementation on emergency
response and the safety of systems for
pedestrians, bicyclists, and the broader
traveling public
End of period of
performance
Resiliency
Qualitative Project Benefits: Qualitative
description of the anticipated impacts of
at-scale implementation on the reliability
and resiliency of the transportation system
including cybersecurity and climate
change
End of period of
performance
Equity and Access
Qualitative Project Benefits: Qualitative
description of the anticipated impacts of
at-scale implementation on connecting or
expanding access to jobs, education, and
essential services for underserved or
disadvantaged populations
End of period of
performance
Climate
Qualitative Project Benefits: Qualitative
description of the anticipated impacts of
at-scale implementation on congestion, air
pollution, emissions, and energy
efficiency
End of period of
performance
Partnerships Qualitative Project Benefits: Qualitative
description of the anticipated impacts of
End of period of
performance
Page 240
Item 23.
Measure Category and Description Measurement
Frequency
at-scale implementation on the economic
competitiveness and private sector
investments or partnerships including
technical and financial commitments
Integration
Qualitative Project Benefits: Qualitative
description of the anticipated impacts of
at-scale implementation on the integration
of systems and the connectivity of
infrastructure, connected vehicles,
pedestrians, bicyclists, and the broader
traveling public
End of period of
performance
Costs
Project Costs: Quantification of the cost
of the proof-of-concept or prototype
carried out using the grant (Stage 1)
End of period of
performance
Costs
Project Costs: Quantification of the
anticipated cost of at-scale
implementation (Stage 2)
End of period of
performance
Lessons Learned and
Recommendations
Lessons Learned and
Recommendations: Description of
lessons learned and recommendations for
future deployment strategies
End of period of
performance
Page 241
Item 23.
ATTACHMENT B
CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material
differences between the scope, schedule, and budget described in the application and the scope,
schedule, and budget described in Article 3. The purpose of this attachment B is to document the
differences clearly and accurately in scope, schedule, and budget to establish the parties’
knowledge and acceptance of those differences. See section 10.1.
Scope:
Schedule:
Budget:
The table below provides a summary comparison of the project budget.
Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eli ible Pro ect Costs)
Federal Funds
Non-Federal Funds
Total Previousl Incurred Costs
Future Eli ible Pro ect Costs
SMART Funds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Pro ect Costs
$0
$0
$0
$0
$0
$1,059,037
$0
$0
$1,059,037
$1,059,037
0
0
0
0
0
100
0
0
100
100
$0
$0
$0
$0
$0
$1,059,037
$0
$0
$1,059,037
$1,059,037
0
0
0
0
0
100
0
0
100
100
Page 242
Item 23.
ATTACHMENT C
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked in the following table are accurate:
The Project directly supports a Local/Regional/State Climate Action Plan that
results in lower greenhouse gas emissions. (Identify the plan in the supporting
narrative below.)
The Project directly supports a Local/Regional/State Equitable Development
Plan that results in lower greenhouse gas emissions. (Identify the plan in the
supportin narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study
that results in lower greenhouse gas emissions. (Identify the plan in the
supportin narrative below.)
The Recipient or a project partner used environmental justice tools, such as the
EJSCREEN, to minimize adverse impacts of the Project on environmental
ustice communities. (Identi the tool(s) in the supportin narrative below.)
The Project supports a modal shift in freight or passenger movement to reduce
emissions or reduce induced travel demand. (Describe that shift in the
supportin narrative below.)
The Project utilizes demand management strategies to reduce congestion,
induced travel demand, and greenhouse gas emissions. (Describe those
strate ies in the supportin narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle
infrastructure, or both. (Describe the incorporated infrastructure in the
supportin narrative below.)
The Project supports the installation of electric vehicle charging stations.
(Describe that support in the supportin narrative below.)
The Project promotes energy efficiency. (Describe how in the supporting
narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the
supportin narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the
supportin narrative below.)
The Project avoids adverse environmental impacts to air or water quality,
wetlands, and endangered species, such as through reduction in Clean Air Act
criteria pollutants and greenhouse gases, improved stormwater management, or
improved habitat connectivity. (Describe how in the supporting narrative
below.)
The Project repairs existing dilapidated or idle infrastructure that is currently
causing environmental harm. (Describe that infrastructure in the supporting
narrative below.)
The Project supports or incorporates the construction of energy- and location-
efficient buildin s. (Describe how in the supportin narrative below.)
✔
✔
✔
✔
Page 243
Item 23.
The Project includes recycling of materials, use of materials known to reduce
or reverse carbon emissions, or both. (Describe the materials in the supporting
narrative below.)
The Recipient has taken other actions to consider climate change and
environmental justice impacts of the Project, as described in the supporting
narrative below.
The Recipient has not yet taken actions to consider climate change and
environmental justice impacts of the Project but, before beginning construction
of the Project, will take relevant actions described in Attachment A. (Identify
the relevant actions rom Attachment A in the supportin narrative below.)
The Recipient has not taken actions to consider climate change and
environmental justice impacts of the Project and will not take those actions
under this award.
2. Supporting Narrative.
[ Recipient - Insert supporting textLQODVWSDJH, as described in the table above. ]
Page 244
Item 23.
ATTACHMENT D
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identify a
report on that analysis or, if no report was produced, describe the analysis and
its results in the supportin narrative below.)
The Recipient or a project partner has adopted an equity and inclusion
program/plan or has otherwise instituted equity-focused policies related to
project procurement, material sourcing, construction, inspection, hiring, or
other activities designed to ensure racial equity in the overall delivery and
implementation of the Project. (Identify the relevant programs, plans, or
policies in the supportin narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear
parks, and multimodal mobility investments that either redress past barriers to
opportunity or that proactively create new connections and opportunities for
underserved communities that are underserved by transportation. (Identify the
relevant investments in the supportin narrative below.)
The Project includes new or improved walking, biking, and rolling access for
individuals with disabilities, especially access that reverses the disproportional
impacts of crashes on people of color and mitigates neighborhood bifurcation.
(Identi the new or improved access in the supportin narrative below.)
The Project includes new or improved freight access to underserved
communities to increase access to goods and job opportunities for those
underserved communities. (Identify the new or improved access in the
supportin narrative below.)
The Recipient has taken other actions related to the Project to improve racial
equity and reduce barriers to opportunity, as described in the supporting
narrative below.
The Recipient has not yet taken actions related to the Project to improve racial
equity and reduce barriers to opportunity but, before beginning construction of
the project, will take relevant actions described in Attachment A. (Identify the
relevant actions rom Attachment A in the supportin narrative below.)
The Recipient has not taken actions related to the Project to improve racial
equity and reduce barriers to opportunity and will not take those actions under
this award.
2. Supporting Narrative.
[Recipient- Insert supporting textLQODVWSDJH, as described in the table above. ]
✔
Page 245
Item 23.
ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards. Successful
projects will also support the creation of good-paying jobs with the free and fair
choice to join a union.
As outlined in the Notice of Funding Opportunity, applicants are evaluated and selected
based on criteria including the extent to which applicants identify the necessary planning
and engagement activities that, as projects are fully implemented during Stage 2, will
ensure high-quality job creation by supporting good-paying jobs with a free and fair
choice to join a union, incorporating strong labor standards (e.g., wages and benefits at or
above prevailing, use of project labor agreements, registered apprenticeship programs,
pre-apprenticeships tied to 16 registered apprenticeships, etc.), and/or providing
workforce opportunities for historically underrepresented groups (e.g., workforce
development program, etc.). The table below enables The Recipient to demonstrate how
this criteria is addressed.
The Recipient states that rows marked with “X” in the following table are accurate:
The Recipient demonstrate, to the full extent possible consistent with the law, an
effort to create good-paying jobs with the free and fair choice to join a union and
incorporation of high labor standards. (Identify the relevant agreements and
describe the scope o activities the cover in the supportin narrative below.)
The Recipient or a project partner has adopted the use of local and economic
hiring preferences in the overall delivery and implementation of the Project.
(Describe the relevant provisions in the supportin narrative below.)
The Recipient or a project partner has adopted the use of registered
apprenticeships in the overall delivery and implementation of the Project.
(Describe the use of registered apprenticeship in the supporting narrative
below.)
The Recipient or a project partner will provide training and placement
programs for underrepresented workers in the overall delivery and
implementation of the Project. (Describe the training programs in the
supportin narrative below.)
The Recipient or a project partner will support free and fair choice to join a
union in the overall delivery and implementation of the Project by investing in
workforce development services offered by labor-management training
partnerships or setting expectations for contractors to develop labor-management
training programs. (Describe the workforce development services offered by
labor-mana ement trainin partnerships in the supportin narrative below.)
Page 246
Item 23.
The Recipient or a project partner will provide supportive services and cash
assistance to address systemic barriers to employment to be able to participate
and thrive in training and employment, including childcare, emergency cash
assistance for items such as tools, work clothing, application fees and other
costs of apprenticeship or required pre-employment training, transportation and
travel to training and work sites, and services aimed at helping to retain
underrepresented groups like mentoring, support groups, and peer networking.
(Describe the supportive services and/or cash assistance provided to trainees
and emplo ees in the supportin narrative below.)
The Recipient or a project partner has documented agreements or ordinances in
place to hire from certain workforce programs that serve underrepresented
groups. (Identify the relevant agreements and describe the scope of activities
the cover in the supportin narrative below.)
The Recipient or a project partner participates in a State/Regional/Local
comprehensive plan to promote equal opportunity, including removing barriers
to hire and preventing harassment on work sites, and that plan demonstrates
action to create an inclusive environment with a commitment to equal
opportunity, including:
a. affirmative efforts to remove barriers to equal employment
opportunity above and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor’s Office
of Federal Contract Compliance Programs to promote compliance
with EO 11246 Equal Employment Opportunity requirements and
meet the requirements as outlined in the Notice of Funding
Opportunity to make good faith efforts to meet the goals of 6.9
percent of construction project hours being performed by women
and goals that vary based on geography for construction work hours
and for work being performed by people of color;
c. no discriminatory use of criminal background screens and
affirmative steps to recruit and include those with former justice
involvement, in accordance with the Fair Chance Act and equal
opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex,
sexual orientation, gender identity, and national origin;
e. training on anti-harassment and third-party reporting procedures
covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees
and contractors.
(Describe the equal opportunit plan in the supportin narrative below.)
The Recipient has taken other actions related to the Project to create good-
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards. (Describe those actions in the supportin narrative below.)
Page 247
Item 23.
The Recipient has not yet taken actions related to the Project to create good-
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards but, before beginning construction of the project, will take
relevant actions described in schedule B. (Identify the relevant actions from
schedule B in the supportin narrative below.)
The Recipient has not taken actions related to the Project to improving good-
paying jobs and strong labor standards and will not take those actions under
this award.
a. Supporting Narrative.
[ Recipient- Insert supporting textLQODVWSDJH, as described in the table above. ]
✔
Page 248
Item 23.
ATTACHMENT F
CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE
1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against
both Physical and Cyber Threats.
The Recipient states that rows marked with “X” in the following table are accurate:
The Recipient demonstrates, prior to the signing of this agreement, effort to
consider and address physical and cyber security risks relevant to the
transportation mode and t pe and scale of the activities.
The Recipient appropriately considered and addressed physical and cyber
security and resilience in the planning, design and oversight of the project, as
determined b the Department and the Department of Homeland Securit .
The Recipient complies with 2 CFR 200.216 and the prohibition on certain
telecommunications and video surveillance services or equipment.
For projects in floodplains: The Recipient appropriately considered whether
the project was upgraded consistent with the Federal Flood Risk Management
Standard, to the extent consistent with current law, in Executive Order 14030,
Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690,
Establishing a Federal Flood Risk Management Standard and a Process for
Further Solicit and Considerin Stakeholder Input (80 FR 6425).
2. Supporting Narrative.
[Recipient- Insert supporting text LQODVWSDJHas described in the table above.]
✔
Page 249
Item 23.
4611035*/(5&95'03$-*."5&$)"/(&"/%&/7*30/.&/5"-+645*$&*.1"$54
Phase 1 and 2 of the DOT SMART grant directly support the City of Fort Collins' Climate Action
Plan, [https://www.fcgov.com/climateaction/ ] which aims to reduce community greenhouse gas
emissions by 80% by 2030 and achieve carbon neutrality by 2050.
The grant will help accelerate transition away from fossil fuel vehicles to electric vehicles. By
establishing a build out plan for electrification infrastructure, this will enable a unified roll out of
all future EV charger installations.
The grant project focuses on planning and management of EV chargers, and smart energy
management. By deploying a software to track and manage EV charging stations, that is
connected to the City’s Distributed Energy Resource Management System (DERMS), charging
can be completed in a more energy efficiency manner.
In summary, this grant project strongly aligns with the City's climate, and energy goals. Phases
1 and 2 will help Fort Collins mitigate greenhouse gas emissions, expand access to clean
transportation, and build a flexible, efficient electric system.
Page 250
Item 23.
4611035*/(5&95'033"$*"-&26*5:"/%#"33*&34500110356/*5:
The City of Fort Collins has an Equity & Inclusion Plan 2023 [https://www.fcgov.com/equity/]
that describes recommended goals and actions to be taken by the City of Fort Collins to
improve racial equity and reduce barriers to opportunity. This plan will guide actions towards
creating improvement to public transportation for underserved communities.By effectively
managing electric charging, this will minimize fuel costs for city run transit services which
increases the City’s capacity to connect and expand access and services for underserved or
disadvantaged populations, improving access to jobs, education, and essential services.
Page 251
Item 23.
4611035*/(5&95'03-"#03"/%803,'03$&
While the City has not yet taken actions related to creating good paying jobs with the free and
fair choice to join a union and incorporate strong labor standards the following actions, but not
limited to, will be taken in compliance with the Code of Federal Regulations 2 CFR 200, which
includes, but is not limited to:
Equal Employment Opportunity
Small and Minority Businesses, Women’s Businesses and Labor Surplus Area Firms
Certified Payroll
Davis Bacon Wages
Brooks Act
Build America/Buy America – Domestic Preference
Anti-Lobbying
Page 252
Item 23.
4611035*/(5&95'03$3*5*$"-*/'3"4536$563&4&$63*5:"/%3&4*-*&/$&
City of Fort Collins will conduct/comply with internal Software as a Service (SaaS) standards as
well as adhere to 2 CFR 200.216.
Page 253
Item 23.
File Attachments for Item:
24. Resolution 2025-045 Authorizing Respite Care Inc. to Retain Community Development
Block Grant Funding to Apply Towards a New Public Facility.
The purpose of this item is to obtain authorization from Council to allow Respite Care to sell
their current building located at 6203 S. Lemay Ave, which was improved with $72,700 in
Community Development Block Grant funding, and to retain the funding provided by the City to
re-invest in a new public facility. These funds were provided as a Due on Sale Loan, which
triggers repayment upon the sale of the existing building. Approval by Council is required to
allow Respite Care to transfer the funding to a new building.
Page 254
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Beth Rosen, Grants Compliance and Policy Manager
SUBJECT
Resolution 2025-045 Authorizing Respite Care Inc. to Retain Community Development Block Grant
Funding to Apply Towards a New Public Facility.
EXECUTIVE SUMMARY
The purpose of this item is to obtain authorization from Council to allow Respite Care to sell their current
building located at 6203 S. Lemay Ave, which was improved with $72,700 in Community Development
Block Grant funding, and to retain the funding provided by the City to re-invest in a new public facility.
These funds were provided as a Due on Sale Loan, which triggers repayment upon the sale of the existing
building. Approval by Council is required to allow Respite Care to transfer the funding to a new building.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On May 21, 2013, the City of Fort Collins entered into a Recipient Contract (Contract) for Community
Development Block Grant (CDBG) funding with Respite Care, Inc. The Contract provided for the payment
of $72,700 in CDBG funding to rehabilitate the property located at 6203 S. Lemay, Fort Collins, C olorado
80525. The CDBG-Eligible Activity was defined as a Public Facility to be used to provide direct services
to disabled children from low-and-moderate income households across the northern front range. The
funding was provided as a loan that would require repayment upon sale of the building or failure to use the
building as defined in the Contract.
On December 30, 2024, Respite Care submitted a letter to Council which stated they have outgrown their
space and are building a larger facility on a parcel of land that was donated in Timnath. Once development
of the new facility is complete, Respite Care will continue to offer direct services to disabled children from
low- and moderate-income households from the northern front range region, including many Fort Collins
residents. Accordingly, Respite Care’s continued use of these funds will benefit some of Fort Collins’ most
vulnerable residents and support regional efforts to accomplish the same for residents in neighboring
communities. They would like to retain the funding from the sale of the existing building and apply it towards
the costs of the new facility. This would mean re-allocating the $72,700 towards the new building purchase
rather than repaying the CDBG loan to the City. These funds would still be used to operate a public facility
for the population outlined in the original CDBG application and funding approval.
Page 255
Item 24.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Originally, these funds were allocated to an eligible activity that was governed by the 2010-2014 HUD
Consolidated Plan (ConPlan). That plan allowed local nonprofit applicants to submit public facility
applications that would compete against housing applications for available CDBG dollars. Starting with the
2015-2019 ConPlan, CDBG funding has been prioritized to meet the goals of the Housing Strategic Plan
and public facility applications are longer accepted for CDBG grant funds. This means that if Respite Care
were to repay the funds, the funding would be re-allocated to housing with no way for the agency to re-
apply for new public facility dollars.
Allowing Respite Care to retain the funds and apply them towards the purchase of a new building will still
meet the goals of the original contract and service expectations. Funds would still be provided as a loan,
and City staff would prepare a new Promissory Note and Deed of Trust encumbering the new facility with
the same terms and conditions as the current building. The funds would be returned t o the City if Respite
Care ever sold the new building or failed to provide direct services to benefit a client population of at least
51% low-and moderate-income persons as outlined in their contract.
CITY FINANCIAL IMPACTS
This request would allow prior grant funds to be retained by the nonprofit organization to be used for the
same public purpose. If the request is not supported, the funding would be returned to the City and allocated
to an eligible housing project in the 2026 Competitive Process.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Human Services and Housing Funding Board voted to recommend this request at their regular Board
meeting held on January 8, 2025.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Respite Care Request
3. CDBG Recipient Contract
4. Human Services and Housing Funding Board Minutes
Page 256
Item 24.
-1-
RESOLUTION 2025-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING RESPITE CARE INC. TO RETAIN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING TO APPLY
TOWARDS A NEW PUBLIC FACILITY
A. Through Resolution 2012-105, the City Council allocated $72,700 from
Community Development Block Grant funding to help Respite Care Inc. (“Respite Care”)
develop the property located at 6203 S. Lemay, Fort Collins, CO 80525 (the “Lemay
Property”). The City subsequently entered into an agreement (the “Agreement”) to loan
Respite Care this funding to develop the Lemay Property. The Agreement provided that
the loan, $72,700 plus five percent simple interest, would be due to the City upon Respite
Care’s sale of the Lemay Property.
B. Since 2013, Respite Care has used the Lemay Property to provide direct
services to disabled children from low- and moderate-income households from the
northern front range region. In December of last year, Respite Care informed the City that
it would like to sell the Lemay Property and develop a larger facility in Timnath, on land
donated to Respite Care. Respite Care is requesting that the City reallocate the $72,700
to development of a new facility.
C. Once development of the new facility is complete, Respite Care will
continue to offer direct services to children with disabilities from low- and moderate-
income households from the northern front range region, including to many Fort Collins
residents. Accordingly, Respite Care’s continued use of these funds will benefit some of
Fort Collins’ most vulnerable residents and support regional efforts to accomplish the
same for residents in neighboring communities.
D. City Council, though this Resolution, authorizes Respite Care to retain the
$72,700 in Community Development Block Grant funding to apply to the development of
a new facility. Otherwise, Respite Care would return the $72,700 plus $3,635 in interest
to the City upon the sale of the Lemay Property and the funds would be used for current
priorities for Community Development Block Grant funding.
E. Respite Care will be allowed to retain as a new loan the $72,700 in
Community Development Block Grant funding to apply to a new facility. For the new loan,
City staff will amend the Agreement and prepare a new Promissory Note and Deed of
Trust encumbering the new facility with the same terms and conditions as the Lemay
Property.
F. The City Council determines this authorization and the proposed new
Respite Care facility will be for the benefit of the residents of Fort Collins and will advance
the City’s policies and strategic objectives and purposes.
Page 257
Item 24.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby authorizes Respite Care to retain $72,700
in Community Development Block Grant funding to apply to a new facility that will serve
disabled children from low- and moderate-income households, subject to completion of
new loan documentation as described in this Resolution.
Section 2. The City Manager is hereby authorized to enter into amendments to
the City’s Agreement with Respite Care and other documents necessary and appropriate
to effectuate the purposes of this Resolution and protect the interests of the City.
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Ted Hewitt
Page 258
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Item 24.
HUMAN SERVICES AND HOUSING FUNDING BOARD
REGULAR MEETING
Wednesday, January 08, 2025 – 5:30 PM
Teams Meeting
1. CALL TO ORDER: 5:02 PM
2. ROLL CALL
• Board Members Present –
• Erma Woodfin, Chair
• Olga Duvall
• Mike Kulisheck
• Michaela Ruppert
• Chris Coy
• Christine Koepnick
• Board Members Absent –
• Lori Kempter, Vice Chair
• Jan Stallones
• Staff Members Present –
• Adam Molzer, Staff Liaison, Social Sustainability – City of Fort Collins
• Jessi Kauffmann, Social Sustainability – City of Fort Collins
• Beth Rosen – Social Sustainability – City of Fort Collins
• Guest(s) – Kristi Briles
3. AGENDA REVIEW – Adam Molzer reviewed the agenda. The Board accepted the
agenda without modification.
4. CITIZEN PARTICIPATION
• Kristi Briles – Executive Director of Respite Care
5. APPROVAL OF MINUTES – November 13, 2024 Regular Meeting
Erma Woodfin motioned to approve the November 13, 2024 meeting minutes as
presented. Chris Coy seconded. Approved 6-0.
6. UNFINISHED BUSINESS
7. NEW BUSINESS
• Request from Respite Care for CDBG Public Facility Funding Retention
• Beth Rosen presented a request from Respite care asking Council to
allow them to sell the Lemay property and pay a lien owed to the City
toward their new building site rather than paying back the City
directly.
• Erma Woodfin asked about student transport from Fort Collins to Page 289
Item 24.
Timnath, Kristi Briles answered that parents are the majority, with
Thompson and Poudre School Districts also providing transportation.
• 10,000 square feet in the new building, will allow to serve 170+
clients. Groundbreaking is February 10th with a goal opening date in
February of 2026.
• The existing location is under contract, closing August 2025.
Erma Woodfin motioned to support the Respite Care Request for CDBG Public
Facility Funding Retention as presented. Mike Kulisheck seconded. Approved 6-0.
Beth Rosen will submit the request for formal approval to City Council.
• 2024 Annual Report
• Adam Molzer shared the 2024 Annual Report draft.
Erma Woodfin motioned to approve the Human Services & Housing Funding Board
2024 Annual Report as presented. Chris Coy seconded. Approved 6-0.
• Competitive Process Update and Schedule of Activities
• Adam Molzer announced the opening of the next grant application
cycle and outlined process changes as well as the estimated timeline.
• Human Services & Homelessness Priority Platforms
• Adam Molzer presented an overview of the Human Services &
Homelessness Priority Platforms final version.
• This will be a guiding document for most of the (non-housing) work in
the Social Sustainability department.
8. BOARD MEMBER REPORTS – None.
9. STAFF REPORTS
• Councilmember Julie Pignataro will be joining at the beginning of the
next board meeting.
• Social Sustainability hired a new Housing Manager, Vanessa Fenley.
10. OTHER BUSINESS
• Adam Molzer shared a story from Teaching Tree Early Childhood
Learning Center – a family with 2 children attending was worried
about losing childcare due to no longer qualifying for sliding fee from
a decrease in pay - they now qualify for CCAP but there is a waiting
list. Teaching Tree was able to lower the daily amount cost by
adjusting their sliding scale so that CCAP families waiting could still
afford childcare and avoid a break in care. This family remains on the
waiting list but still has access to childcare.
11. ADJOURNMENT
• Meeting was adjourned at 6:17 pm.
Minutes approved by the Chair and a vote of the Board/Commission on 02/12/2025
Signature:
01/08/2025– MINUTES Page 1
Page 290
Item 24.
File Attachments for Item:
25. Resolution 2025-046 Ratifying the Reappointment of Rick Rivera to the Poudre River
Public Library District Board of Trustees.
The purpose of this item is to fill an existing vacancy on the Poudre River Public Library District
Board of Trustees.
Page 291
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2025-046 Ratifying the Reappointment of Rick Rivera to the Poudre River Public Library
District Board of Trustees.
EXECUTIVE SUMMARY
The purpose of this item is to fill an existing vacancy on the Poudre River Public Library District Board of
Trustees.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
On August 20, 2024, Council adopted Resolution 2024-100, authorizing a second amendment to the
intergovernmental agreement between the Library District, the City of Fort Collins, and Larimer County
allowing the Poudre River Public Library District Board of Trustees to appoint new trustees subject to
approval by Council and County Commissioners.
Rick Rivera was appointed to an unexpired seat due to a resignation in October 2024. This term will expire
March 31, 2025.
The Board of Trustees would like to recommend Rick Rivera be reappointed to a four-year term beginning
April 1, 2025, and expiring March 31, 2029.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
The Poudre River Public Library District Board of Trustees advertised the vacancy and received fifteen
applications and conducted interviews of three candidates.
Page 292
Item 25.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
1. Resolution for Consideration
2. Redacted Application Letter
Page 293
Item 25.
-1-
RESOLUTION 2025-046
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RATIFYING THE REAPPOINTMENT OF RICK RIVERA TO THE POUDRE
RIVER PUBLIC LIBRARY DISTRICT BOARD OF TRUSTEES
A. On November 7, 2006, the voters approved a citizen initiative to establish
and fund the Fort Collins Regional Library District, now called the Poudre River Public
Library District (the “Library District”), pursuant to Colorado Revised Statutes Sections
24-90-101 to 606 (the “Library Law”).
B. The Library District is governed by a board of seven trustees appointed by
the City Council and Larimer County Commissioners.
C. Pursuant to the Library Law, the City Council and Larimer County
Commissioners have each appointed two of their members to a committee (the
“Committee”) to fill open seats on the board of trustees of the Library District (the “Board”).
D. Pursuant to the Bylaws of the Board, a trustee may serve no more than two
consecutive four-year-terms, which are staggered so that typically one or two trustees are
appointed or reappointed every year, but any appointment to fill a vacancy with a
remaining unexpired term shall be considered a completed term only if the unexpired term
exceeds 24 full months from the date the trustee takes their oath of office.
E. On August 20, 2024, City Council adopted Resolution 2024-100,
authorizing a second amendment to the intergovernmental agreement between the
Library District, the City of Fort Collins, and Larimer County allowing the Board to appoint
new trustees subject to approval by the City Council and County Commissioners.
F. In September 2024, the Board met and unanimously agreed to appoint
Rick Rivera to fill the remainder of the term of the seat left vacant by Randynn Heisserer-
Miller beginning October 14, 2024, and ending on March 31, 2025.
G. The Board of Trustees recommends Rick Rivera be reappointed to a four -
year term beginning April 1, 2025, and expiring March 31, 2029.
H. Section 24-90-108(2)(c) of the Library Law requires that the Committee’s
trustee appointments be ratified by a two-thirds majority vote of the legislative body of
each governmental unit participating in the District.
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 pursuant to the requirements of the Colorado Library Law, the City
Council, by a two-thirds majority vote of its members, hereby ratifies the Committee’s
reappointment of Rick Rivera for a term beginning on April 1, 2025, and expiring March
31, 2025; provided, however, that such action is contingent upon the Larimer County
Commissioners taking similar action.
Page 294
Item 25.
-2-
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Carrie Daggett
Page 295
Item 25.
Page 296
Item 25.
File Attachments for Item:
26. Resolution 2025-047 Making an Appointment to the Air Quality Advisory Board.
The purpose of this item is to fill a vacancy on the Air Quality Advisory Board.
Page 297
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2025-047 Making an Appointment to the Air Quality Advisory Board.
EXECUTIVE SUMMARY
The purpose of this item is to fill a vacancy on the Air Quality Advisory Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution appoints one individual to fill a vacancy left by the resignation of Jeremiah Gorske. This
appointment will begin and expire as noted next to the recommended name shown in the Resolution.
Air Quality Advisory Board
Appointments Term Effective Date Expiration of Term
Howard Gebhart (Seat C) April 1, 2025 March 31, 2029
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City of Fort Collins website, media releases for earned coverage in local media sources, and social
media promotion of opportunities.
Page 298
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
1. Resolution for Consideration
2. Application
Page 299
Item 26.
- 1 -
RESOLUTION 2025-047
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE AIR QUALITY ADVISORY
BOARD
A. The Air Quality Advisory Board has a vacancy due to the resignation of
Jeremiah Gorske.
B. Councilmembers interviewed candidates for this appointment on February
19, 2025.
C. The City Council desires to make an appointment to fill this vacancy on the
Air Quality Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named person is hereby appointed to fill the open
vacancy on the Air Quality Advisory Board with a term to begin and expire as noted below
next to the appointees’ name:
Air Quality Advisory Board
Appointments Term Effective Date Expiration of Term
Howard Gebhart (Seat C) April 1, 2025 March 31, 2029
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of Conduct
and the applicable laws and policies that govern service on City of Fort Collins boards
and commissions.
Page 300
Item 26.
- 2 -
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Carrie Daggett
Page 301
Item 26.
Page 302
Item 26.
Howard Gebhart 1/10/2025 10:59 AM
2 of 3 Page 303
Item 26.
File Attachments for Item:
27. Second Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the
City of Fort Collins for the Purpose of Repealing the 2021 International Fire Code and
Adopting the 2024 International Fire Code, with Amendments.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, repeals the 2021
International Fire Code and adopts the 2024 International Fire Code (IFC) with local
amendments. The International Code Council (ICC) publishes Code updates every three years.
The Poudre Fire Authority (PFA) Board of Directors has reviewed and approved this Code
package and is requesting the Code be adopted as amended.
Since this Ordinance was adopted on First Reading, staff has identified concerns with
delegating the City’s authority to hear appeals of decisions of the Fire Code Official to
PFA. Additionally, staff has researched and confirmed that City Code Section 9-3 is no
longer in use and is a carryover from the City’s early fire codes, and it should be deleted.
As a result, staff is requesting that Council move to amend the Ordinance on Second
Reading to maintain the Building Review Commission as the Fire Board of Appeals and
to repeal Section 9-3 in the manner described below.
Regardless of whether Council chooses to amend this Ordinance as requested, additional Code
changes will be necessary to clean up Fire Code references in other parts of the Code, which
staff will bring forward at a later date.
Page 304
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Shawn McGaffin, Fire Marshal/Division Chief
Kevin Sullivan, Assistant Fire Marshal
Katie Quintana, Assistant Fire Marshal
SUBJECT
Second Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the City of Fort
Collins for the Purpose of Repealing the 2021 International Fire Code and Adopting the 2024
International Fire Code, with Amendments.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, repeals the 2021 International
Fire Code and adopts the 2024 International Fire Code (IFC) with local amendments. The International
Code Council (ICC) publishes Code updates every three years. The Poudre Fire Authority (PFA) Board of
Directors has reviewed and approved this Code package and is requesting the Code be adopted as
amended.
Since this Ordinance was adopted on First Reading, staff has identified concerns with delegating
the City’s authority to hear appeals of decisions of the Fire Code Official to PFA. Additionally, staff
has researched and confirmed that City Code Section 9-3 is no longer in use and is a carryover
from the City’s early fire codes, and it should be deleted. As a result, staff is requesting that Council
move to amend the Ordinance on Second Reading to maintain the Building Review Commission as
the Fire Board of Appeals and to repeal Section 9-3 in the manner described below.
Regardless of whether Council chooses to amend this Ordinance as requested, additional Code changes
will be necessary to clean up Fire Code references in other parts of the Code, which staff will bring forward
at a later date.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading with the amendment proposed below.
Page 305
Item 27.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 5
SECOND READING BACKGROUND / DISCUSSION
Requested amendment to Ordinance No. 051, 2025:
The attachment to this AIS shows how the affected pages of the Ordinance would read after the requested
amendment.
First Reading Background/Discussion:
Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC in the City
of Fort Collins, Town of Timnath and unincorporated areas of Larimer and Weld Counties within the Poudre
Valley Fire Protection District boundaries. Every three years, the IFC is updated by the ICC with the most
recent update having been published in 2024. PFA routinely reviews new codes, proposes local
amendments, and then seeks adoption of IFC changes and local amendments by Council
1. I move that Section 3, Paragraph 5 on page 3 of Ordinance No. 051, 2025 be amended as
follows:
a. Amend “Section 112.1 – General,” by deleting everything after the first sentence,
beginning with “The board of appeals shall be appointed…”; and adding:
~ at the end of the first sentence, the words “to be known as the Fire Board of Appeals”;
~and after the first sentence, the following sentences:
The City of Fort Collins Building Review Commission, as appointed from time to
time, shall constitute the Fire Board of Appeals.
The board shall adopt rules of procedure for conducting its business and shall
render all decisions and findings in writing to the appellant with a duplicate copy
to the fire code official.
Application for an appeal and all process and procedures for an appeal shall be
as stipulated in Section 113 of the International Building Code, as amended and
adopted by the City of Fort Collins.
The board shall follow the applicable policies and procedures of the City of Fort
Collins in carrying out its duties consistent with the provisions of this code and
applicable state law.
b. Amend “Section 112.2 – Limitations on authority,” by adding to the end of the last
sentence, the words “or interpret the administration of this.”
c. Delete in its entirety “Section 112.3 – Qualifications.”
2. Additionally, I move that Section 3, Paragraph 83 (Appendix A – Board of Appeals), appearing
on pages 26 through 28 of Ordinance No. 051, 2025, be deleted in its entirety.
3. Finally, I move that Ordinance No. 051, 2025 be amended to renumber Section 4 as “Section
5,” and to add a new Section 4 to read “Section 9-3 of the Code of the City of Fort Collins is
deleted in its entirety.”
Page 306
Item 27.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
At the April 23, 2024, PFA Board meeting, the Board approved the recommended appointment of the Fire
Code Review Committee (Committee). This volunteer committee is comprised of community and industry
stakeholders who reviewed the 2024 IFC and proposed local amendments in order to make a
recommendation for adoption. The Committee completed their work on Thursday, October 17, 2024, with
a unanimous recommendation to adopt the 2024 IFC along with the accompanying local amendments. At
the February 25, 2025 meeting, the PFA Board unanimously approved the IFC adoption and local
amendments. This item was also unanimously approved by the Poudre Valley Fire Protection District Board
at its February 25, 2025 meeting.
The Committee’s primary goal was to limit the number of local amendments to the 2024 IFC, while still
providing comprehensive life safety codes that are clear, relevant, and aligned with current practices. The
Committee was able to accomplish this and focus on the amendments that were brought forward on local
community needs. The local amendment for fire sprinklers has been maintained, as it has been since the
1980’s, and as adopted by the local building departments. Of note, many other fire jurisdictions in Northern
Colorado have, or are considering, similar amendments to specify fire suppression systems.
Several local 2021 amendments were eliminated due to the new 2024 published codes addressing the
issues that had been a local amendment in the past.
There are changes to the published code that the Committee also supported. The most significant items
in the 2024 IFC (as published) that have been changed from the 2021 IFC include:
Adding provisions to address heating and cooking in temporary membrane structures, construction
sites and wildfire areas.
Adding temporary housing code (shelters).
Adding new provisions specific to lithium-ion battery storage.
Adding new provisions specific to Powered Micromobility Devices (E-bikes, Scooters).
Updating provisions on Emergency Responder Communication Enhancement Systems to meet new
technology.
Recognizing a Hybrid Fire Extinguishing System as based out of National Fire Protection Agency
(NFPA) 770.
Items of note for the 2024 IFC proposed local amendments include:
Appendix A, Board of Appeals is being adopted as published with local amendments to create an
appeal process over which PFA has jurisdiction. This differs from previous code adoptions, in which
Appendix A had been deleted and replaced in its entirety to direct the appeals process with the Building
Department having jurisdiction.
The term “fire alarm” was defined to expand and elaborate on types and circumstances of such fire
alarms.
A provision was added to impose a fee when multiple unwanted alarms occur at the same location.
Changes were made to the requirements for storage and use of lithium-ion batteries in factories.
Requirements for letter sizes on signage were added.
Valet trash service was removed from PFA’s jurisdiction.
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City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
Additional section added in Appendix D requiring schools to use a consistent numbering process on
exterior doors for faster response in emergency situations.
Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC in the City
of Fort Collins, Town of Timnath and unincorporated areas of Larimer and Weld Counties within the Poudre
Valley Fire Protection District boundaries. Every three years, the IFC is updated by the ICC with the most
recent update having been published in 2024. PFA routinely reviews new codes, proposes local
amendments, and then seeks adoption of IFC changes and local amendments by Council
At the April 23, 2024, PFA Board meeting, the Board approved the recommended appointment of the Fire
Code Review Committee (Committee). This volunteer committee is comprised of community and industry
stakeholders who reviewed the 2024 IFC and proposed local amendments in order to make a
recommendation for adoption. The Committee completed their work on Thursday, October 17, 2024, with
a unanimous recommendation to adopt the 2024 IFC along with the accompanying local amendments. At
the February 25, 2025 meeting, the PFA Board unanimously approved the IFC adoption and local
amendments. This item was also unanimously approved by the Poudre Valley Fire Protection District Board
at its February 25, 2025 meeting.
The Committee’s primary goal was to limit the number of local amendments to the 2024 IFC, while still
providing comprehensive life safety codes that are clear, relevant, and aligned with current practices. T he
Committee was able to accomplish this and focus on the amendments that were brought forward on local
community needs. The local amendment for fire sprinklers has been maintained, as it has been since the
1980’s, and as adopted by the local building departments. Of note, many other fire jurisdictions in Northern
Colorado have, or are considering, similar amendments to specify fire suppression systems.
Several local 2021 amendments were eliminated due to the new 2024 published codes addressing the
issues that had been a local amendment in the past.
There are changes to the published code that the Committee also supported. The most significant items
in the 2024 IFC (as published) that have been changed from the 2021 IFC include:
Adding provisions to address heating and cooking in temporary membrane structures, construction
sites and wildfire areas.
Adding temporary housing code (shelters).
Adding new provisions specific to lithium-ion battery storage.
Adding new provisions specific to Powered Micromobility Devices (E-bikes, Scooters).
Updating provisions on Emergency Responder Communication Enhancement Systems to meet new
technology.
Recognizing a Hybrid Fire Extinguishing System as based out of National Fire Protection Agency
(NFPA) 770.
Items of note for the 2024 IFC proposed local amendments include:
Appendix A, Board of Appeals is being adopted as published with local amendments to create an
appeal process over which PFA has jurisdiction. This differs from previous code adoptions, in which
Appendix A had been deleted and replaced in its entirety to direct the appeals process with the Building
Department having jurisdiction.
The term “fire alarm” was defined to expand and elaborate on types and circumstances of such fire
alarms.
A provision was added to impose a fee when multiple unwanted alarms occur at the same location.
Changes were made to the requirements for storage and use of lithium-ion batteries in factories.
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Item 27.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 5
Requirements for letter sizes on signage were added.
Valet trash service was removed from PFA’s jurisdiction.
Additional section added in Appendix D requiring schools to use a consistent numbering process on
exterior doors for faster response in emergency situations.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Adoption of the 2024 IFC as amended was unanimously recommended by the Fire Code Review
Committee. The Poudre Fire Authority Board of Directors and the Poudre Valley Fire Protection District
Board of Directors reviewed these amendments at their respective February 25, 2025, meetings, and each
board unanimously voted to recommend adoption of the 2024 IFC, as amended, to the City of Fort Collins.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance for Consideration
2. Exhibit A to Ordinance
3. Ordinance Excerpts showing proposed Second Reading Amendments
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ORDINANCE NO. 051, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE
PURPOSE OF REPEALING THE 2021 INTERNATIONAL FIRE CODE AND
ADOPTING THE 2024 INTERNATIONAL FIRE CODE, WITH AMENDMENTS
A. As early as 1958, the City has reviewed, amended and adopted the latest
nationally recognized fire protection standards available for the times.
B. The City previously adopted the 2021 International Fire Code, with local
amendments, to minimize human suffering and property loss from fire.
C. The 2024 edition of the International Fire Code represents the most current
version now available.
D. A Fire Code Review Committee (“Committee”), formed by the Poudre Fire
Authority (“PFA”) in 2024 for the purpose of reviewing the 2024 International Fire Code,
has recommended unanimously that the jurisdictions being served by PFA adopt the 2024
International Fire Code with certain local amendments tailored to the circumstances in
Fort Collins.
E. The Fire Prevention Bureau staff of the PFA, working in conjunction with the
Committee, also has reviewed the 2024 International Fire Code and the local
amendments proposed by the Committee and has recommended that the jurisdictions
being served by the PFA adopt the 2024 International Fire Code with the local
amendments.
F. On February 25, 2025, the PFA Board of Directors unanimously voted to
recommend that the 2024 International Fire Code with proposed local amendments be
adopted by those jurisdictions being served by PFA.
G. The City Council has determined that it is in the best interests of the health,
safety, and welfare of the city and its citizens that the 2024 International Fire Code, in
substantially the form recommended by the Fire Code Review Committee and the PFA
staff, be adopted, with local amendments as set forth in this Ordinance.
H. Pursuant to City Charter Article II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before
adoption of such ordinance the Council hold a public hearing thereon and that notice of
the hearing shall be published twice in a newspaper of general circulation published in
the City, with one of such publications occurring at least eight (8) days preceding the
hearing and the other publication occurring at least fifteen (15) days preceding the
hearing.
I. In compliance with City Charter, Article II, Section 7, the City Clerk
published in the Fort Collins Coloradoan such notice of hearing concerning adoption of
the 2024 International Fire Code on February 23, 2025, and March 2, 2025.
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J. Exhibit “A,” attached hereto and incorporated herein by reference is the
Notice of Public Hearing dated February 23, 2025, that was so published and which the
Council hereby finds meets the requirements of Article II, Section 7 of the City Charter.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council repeals the 2021 International Fire Code (“IFC”) and
adopts the 2024 IFC as amended by this Ordinance.
Section 2. Section 9-1 of the Code of the City of Fort Collins is amended to
read as follows:
Section 9-1. - Adoption of the International Fire Code, 2024 Edition.
Pursuant to the authority conferred by Article II, Section 7 of the Charter and by
Section 31-16-201 et seq., C.R.S., there is hereby adopted by reference as the fire
code of the City, for the purposes of safeguarding of life and property from fire and
explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises, the International Fire Code,
2024 Edition, as promulgated by the International Code Council (hereafter, “this
code” or “this fire code”). Except as to any portion of this fire code that is herein
after added to, deleted, modified or amended in this Chapter, this fire code shall
include all articles and appendices in the International Fire Code, 2024 Edition. Not
less than three (3) copies of this fire code shall be on file in the office of the Fire
Marshal and may be inspected at regular business hours and purchased from the
Fire Prevention Bureau at a price not to exceed one hundred dollars ($100.00) per
copy. The provisions of this fire code shall be controlling within the limits of the City
of Fort Collins.
Section 3. Section 9-2 of the Code of the City of Fort Collins is repealed and
reenacted to read as follows:
Section 9-2 - Amendments and deletions to the 2024 International Fire Code.
The 2024 International Fire Code adopted in §9-1 is amended to read as follows:
1. Section 101.1 Title is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of
Fort Collins, hereinafter referred to as “this code.”
2. Section 103.1 Creation of Agency is deleted in its entirety and replaced with
the following:
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103.1 Creation of agency. Pursuant to Section 1.2 of the January 1, 2025,
Intergovernmental Agreement establishing the Poudre Fire Authority (“PFA” or
“fire department”), the City has granted PFA the power and authority to enforce
this code, and PFA’s Fire Chief, directly or through delegation to the PFA Fire
Marshal, shall be known as the fire code official. The function of PFA shall be
the implementation, administration, and enforcement of the provisions of this
code.
3. Section 104.8 Liability is amended to read as follows:
104.8 Liability. The fire code official, member of the board of appeals, officer
or employee charged with the enforcement of this code, while acting for the
jurisdiction, in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, shall not thereby be
rendered personally liable, either civilly or criminally, and is hereby relieved
from all personal liability for any damage accruing to persons or property as a
result of an act or by reason of an act or omission in the discharge of official
duties, unless such act or omission is determined by a court of competent
jurisdiction to be willful and wanton, as provided in the Colorado Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S.
4. Section 104.8.1 Legal defense is deleted in its entirety and amended to read
as follows:
104.8.1 Legal defense. Any civil suit instituted against any PFA director,
officer or employee, including the fire code official, because of an act or
omission performed by that director, officer, employee, or fire code official, PFA
shall provide for the defense of such individual to the extent required or
permitted by the Colorado Government Immunity Act, Section 24-10-101, et
seq., C.R.S.
5. Section 112.1 General is amended to read as follow:
112.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of
appeals. The board of appeals shall be appointed by the applicable governing
authority in accordance with Appendix A and shall hold office at its pleasure.
The board shall conduct business and procedures in accordance with Appendix
A.
6. Section 202 General Definitions is amended to read as follows:
. . .
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BARREL. A charred wooden process vessel made of bent staves held together
with steel hoops, with the greatest diameter being at the center of the staves,
known as the “bilge.” The ends, known as “heads,” are flat, and the rim formed
by staves overlapping the heads is known as the “chime.”
. . .
CASK. See “Barrel.”
. . .
DWELLING. A building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family
dwellings and multi-family dwellings. The term dwelling shall not include hotels,
motels, homeless shelters, seasonal overflow shelters, tents or other structures
designed or used primarily for temporary occupancy. Any dwelling shall be
deemed to be a principal building.
DWELLING UNIT. One or more rooms and a single kitchen and at least one
bathroom, designed, occupied or intended for occupancy as separate quarters
for the exclusive use of a single family for living, cooking and sanitary purposes,
located in a single-family, two-family or multi-family dwelling, or mixed-use
building.
. . .
FALSE ALARM. See Unwanted Alarm.
. . .
MALICIOUS ALARM. Any unwanted activation of an alarm initiating device
caused by a person acting with malice.
. . .
MAZE. Temporary or permanent passageways constructed within agricultural
crops such as corn, or within vegetation such as hedges, or constructed such
as with hay bales, or by other means and methods, and where passageways
are occupied for amusement, entertainment, and are arranged in a manner to
intentionally confound or bewilder identification of the means of egress, or
otherwise make the means of egress path not readily available because of the
nature of the attraction or mode of conveyance through passageways.
. . .
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NUISANCE ALARM. Any unwanted activation of a signaling system or an
alarm initiating device in response to a stimulus or condition that is not the result
of a potentially hazardous condition. This includes such matters as mechanical
failure, malfunction, improper installation or lack of proper maintenance, or an
alarm for which the cause cannot be determined.
. . .
ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other
housing unit designed primarily for the purpose of sleeping. The presence of a
bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping
purposes shall be prima facie evidence that such space or room is a sleeping
room. The presence of closets or similar storage facilities shall not be
considered relevant factors in determining whether or not a room is a sleeping
room.
. . .
TOWNHOUSE. A single-family dwelling unit constructed as part of a group of
two or more attached individual dwelling units, each of which is separated from
the other from the foundation to the roof and is located entirely on a separately
recorded and platted parcel of land (site) bounded by property lines, which
parcel is deeded exclusively for such single-family dwelling.
. . .
UNWANTED ALARM. Any alarm that occurs that is not the result of a
potentially hazardous condition. This includes malicious alarms, nuisance
alarms, and unintentional alarms in accordance with National Fire Protection
Association (NFPA) 72.
. . .
UNINTENTIONAL ALARM. An unwanted activation of an alarm initiating
device caused by a person acting without malice.
. . .
7. Section 304.1.1 Valet trash is amended to read as follows:
304.1.1 Valet Trash. Valet trash collection shall be prohibited.
8. A new Section 307.2.2 Time and Atmospheric Restrictions is added to read
as follows:
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307.2.2 Time and Atmospheric Restrictions. Open burning shall be
performed only when time and atmospheric conditions comply with the limits
set forth in the Open Burning Permit.
9. Section 307.4.1 Bonfires is deleted in its entirety and replaced with the
following:
307.4.1 Bonfires. Bonfires are prohibited unless specifically approved and
permitted by the fire code official.
10. Section 307.4.2 Recreational Fires is deleted in its entirety and replaced with
the following:
307.4.2 Recreational fires. Recreational fires are prohibited.
Exception: Recreational fires may be conducted at campgrounds, open
camping areas, parks, open lands or similar areas in accordance with the
rules and restrictions set forth by the authority having jurisdiction at such
locations, provided that such fires do not have a fuel area that exceeds 2
feet in height and are not conducted within 25 feet of a structure or
combustible material.
11. Section 307.4.3 Portable outdoor fireplaces is deleted in its entirety and
replaced with the following:
307.4.3 Portable and Fixed Outdoor Fireplaces. Portable and fixed outdoor
fireplaces, including fire tables, shall be used in accordance with the
manufacturer’s instructions. Outdoor fireplaces for public use must be listed for
commercial use. Outdoor fireplaces shall not be placed closer to combustible
materials than what is stated in the manufacturer’s instructions. If the
manufacturer’s instructions are not available or do not establish a distance,
outdoor fireplaces shall not be operated within 15 feet (4572 mm) of a
combustible structure or combustible material. Outdoor fireplaces shall not be
operated underneath a combustible structure of any type. Outdoor fireplaces
shall be gas or liquid-fueled unless otherwise approved by the fire code official.
Exception: Outdoor fireplaces at one and two-family dwellings may use
approved solid fuels.
12. Section 308.1.7 Sky lanterns is amended to read as follows:
308.1.7 Sky lanterns. A person shall not release or cause to be released a
tethered or untethered sky lantern.
13. Section 401.3 Emergency Responder Notification is amended to read as
follows:
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401.3 Emergency Responder Notification. Notification of emergency
responders shall be in accordance with Sections 401.3.1 through 401.3. 4.
. . .
401.3.4 Reporting Emergencies. In the event a fire occurs or upon the
discovery of a fire, smoke, or unauthorized release of flammable, combustible,
or hazardous materials on any property, the owner, the owner’s authorized
representative, or the occupant shall, without delay, report such condition to
the fire department.
14. Section 401.5 Making false report is amended to read as follows:
401.5 Making false report. False alarms shall be subject to enforcement in
accordance with Section 401.9 Unwanted alarms.
15. A new Section 401.9 Unwanted alarms is added to read as follows:
401.9 Unwanted alarms. All unwanted alarms shall be subject to enforcement
as per PFA’s policies and procedures and adopted fee schedule.
16. Section 402.1 Definitions is amended to read as follows:
402.1 Definitions. The following terms are defined in Chapter 2:
EMERGENCY EVACUATION DRILL.
LOCKDOWN.
MALICIOUS ALARAM.
NUISANCE ALARAM.
UNINTENTIONAL ALARM.
UNWANTED ALARM.
17. Section 503.1 Where required is amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix
D Fire Apparatus Access Roads.
18. Section 503.1.1 Buildings and facilities is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall
be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the
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exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension of 150
feet (45 720 mm) up to 300 feet (91440 mm) where any of the
following conditions occur:
1.1. The building is equipped throughout with an approved
automatic sprinkler system installed in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2. Fire apparatus access roads cannot be installed because of
location on property, topography, waterways, nonnegotiable
grades or other similar conditions, and an approved
alternative means of fire protection is provided.
1.3. Group U occupancies.
2. Where approved by the fire code official, fire apparatus access roads
shall be permitted to be exempted or modified for solar photovoltaic
power generation facilities.
19. Section 503.2 Specifications is amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed and
arranged in accordance with Sections 503.2.1 through 503.2.8 and Appendix
D Fire Apparatus Access Roads.
20. Section 503.2.1 Dimensions is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet (6096 mm), exclusive of shoulders, except for
approved security gates in accordance with Section 503.6, and an
unobstructed vertical clearance of not less than 14 feet (4267 mm).
21. Section 503.2.4 Turning Radius is amended to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access
road shall be 25 feet (7.6 m) inside radius and 50 feet (15.2 m) outside radius.
22. Section 503.2.7 Grade is amended to read as follows:
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503.2.7 Grade. The grade of the fire apparatus access road shall not exceed
10 percent in grade.
Exception: Where approved by the fire code official, grades steeper than
10 percent due to geographic or location conditions may be permitted.
23. Section 503.2.8 Angles of approach and departure is amended to read as
follows:
503.2.8 Angles of approach and departure. The angles of approach and
departure when entering or exiting fire apparatus access roads shall not exceed
a 10 percent angle of approach or departure.
24. Section 503.6 Security gates is amended to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus
access road shall be approved by the fire code official. Where security gates
are installed, they shall have an approved means of emergency operation and
shall comply with the requirements of Appendix D 103.5.
25. Section 505.1 Address identification is amended to read as follows:
Section 505.1 Address identification. New and existing buildings or facilities
shall be provided with approved address identification. The address
identification shall be legible and placed in a position that is visible from the
street or road fronting the property. Address identification characters shall
contrast with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall not be spelled out. Address identification
shall be maintained.
26. A new Section 505.1.1 Address assignment and standards is added to read
as follows:
505.1.1 Address assignment and standards. Addresses shall be assigned
by the governmental entity having jurisdiction (Fort Collins, Timnath, Weld
County or Larimer County) and shall comply with the Larimer County Street
Naming and Addressing Standards as contained in the Larimer County Urban
Area Street Standards.
27. A new Section 505.1.2 Location and size is added to read as follows:
505.1.2 Location and size. The address numbers and letters for any
commercial or industrial buildings shall be placed at a height to be clearly
visible from the street. The minimum height and stroke shall be in accordance
with Table 505.1.2.
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A new TABLE 505.1.2 Location and size is added to read as follows:
TABLE 505.1.2
LOCATION AND SIZE
1 8 in. – 12 in. numbers shall be a minimum 1 in. stroke
2 13 in.– 20 in. numbers shall be a minimum 1 ½ in. stroke
3 21 in. and larger shall have proportional strokes to ensure visibility
28. A new Section 505.1.3 Posting on one- and two-family dwellings is added
to read as follows:
505.1.3 Posting on one- and two-family dwellings. The address numbers
and letters for one- and two-family dwellings shall be a minimum of four inches
in height with a minimum ½ inch stroke and shall be posted on a contrasting
background. If bronze or brass numerals are used, they shall only be posted
on a black background for visibility.
29. A new Section 505.1.4 Monument signs is added to read as follows:
505.1.4 Monument signs. Monument signs may be used in lieu of address
numbers and letters on the building as approved by the fire code official. The
address numbers and letters for monument signage shall be a minimum of four
(4) inches in height with a minimum ½ inch stroke unless otherwise approved
by the fire code official. The address letters and numbers shall also be located
at a minimum height of 22 inches above the surface or grade directly below.
30. A new Section 505.1.5 Unit identifiers is added to read as follows:
505.1.5 Unit identifiers. Buildings with multiple suites, apartments or units shall
have the individual suites, apartments or units provided with individual
identification numbers in sequential order.
1. Suite identifiers accessed from the exterior of the building shall be a
minimum of four inches in height with a minimum ½ inch stroke.
Fire Code
Official3
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Item 27.
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2. Suite identifiers accessed from the interior of the building shall be a
minimum of two inches in height with a minimum ¼ inch stroke.
3. Suites, apartments, or units located on the first floor shall be identified by
numbers within the 100 or 1000 range or series. Suites, apartments or
units located on the second floor shall be identified by numbers within
the 200 or 2000 range or series. Suites, apartments or units located on
the third floor shall be identified by numbers within the 300 or 3000 range
or series. Higher floors shall follow this same numbering sequence.
31. A new Section 505.1.6 Multiple address postings is added to read as follows:
505.1.6 Multiple address postings. Buildings, either individually or part of a
multi-building complex, that have emergency access lanes on sides other than
on the addressed street side, shall have the address numbers and street name
on each side that fronts a fire lane. Buildings that are addressed on one street
but are accessible from another street, shall have the address numbers and
street name on each side that is adjacent to another street.
32. A new Section 505.1.7 Interior wayfinding is added to read as follows:
505.1.7 Interior wayfinding. Approved wayfinding signage shall be posted in
conspicuous locations within buildings to provide clear direction to locate any
suite, apartment, or unit within the building. Interior wayfinding signage shall be
a minimum of two inches in height with a minimum ¼ inch stroke.
33. A new Section 505.1.8 Exterior wayfinding is added to read as follows:
505.1.8 Exterior wayfinding. Multiple-building complexes must have
approved signage as needed to direct first responders to individual buildings.
34. A new Section 505.1.9 Campus addressing is added to read as follows:
505.1.9 Campus addressing. Multiple-building complexes that have a single
street address for the entire complex shall utilize alpha or numeric characters
to identify the individual buildings. Such identification shall be assigned to the
buildings in a sequential order following a clockwise direction starting at the
main entrance to the complex.
35. Section 507.2 Type of water supply is amended to read as follows:
507.2 Type of water supply. A water supply shall consist of pressure tanks,
elevated tanks, water mains or other fixed systems capable of providing the
required sustainable fire flow.
36. Section 507.5 Fire hydrant systems is amended to read as follows:
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507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections
507.5.1 through 507.5.6 and Appendix C.
37. Section 507.5.1 Where required is amended to read as follows:
507.5.1 Where required. Where the furthest portion of a facility or building or
portion thereof hereafter constructed or moved into or within the jurisdiction is
more than 300 feet (91 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building,
on-site fire hydrants and mains shall be provided where required by the fire
code official.
Exceptions:
1. For Group R-3, one- and two-family dwellings, and Group U
occupancies, the distance requirement shall be 400 feet (121 m).
2. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2, the distance requirement shall be 600 feet (183m).
38. Section 605.3 Chimneys and vents is amended to read as follows:
605.3 Chimneys and vents. Masonry chimneys shall be constructed in
accordance with the International Building Code. Factory-built chimneys and
vent systems serving solid-fuel-fired appliances or oil-fired appliances shall be
installed in accordance with the International Mechanical Code. Metal
chimneys shall be constructed and installed in accordance with the
International Mechanical Code. Factory-built chimneys and vent systems
serving gas-fired appliances shall be installed in accordance with the
International Fuel Gas Code. Means for arresting sparks must be in compliance
with the Wildland Urban Interface (WUI) Code.
39. Section 606.3 Operations and maintenance is amended to read as follows:
606.3 Operations and maintenance Commercial cooking systems shall be
operated, inspected and maintained in accordance with Sections 606.3.1
through 606.3.4. As outlined in NFPA 96, cooking appliances shall not be
moved, modified, or rearranged without prior re-evaluation of the fire
extinguishing system by the system installer or qualified servicing agent, unless
otherwise allowed by the design of the fire extinguishing system. Any
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movement, modification, or rearrangement of system components shall require
an approved permit from PFA prior to the work being conducted.
40. A new Section 606.5 Solid fuel-fired cooking appliances is added to read
as follows:
606.5 Solid fuel-fired cooking appliances. Solid fuel-fired commercial
cooking appliances shall comply with applicable provisions of National Fire
Protection Association (NFPA) 96.
41. Section 901.4.7.1 Access is amended to read as follows:
901.4.7.1 Access. Automatic sprinkler system risers, fire pumps and
controllers shall be provided with ready access. Where located in a fire pump
room or automatic sprinkler system riser room, the door shall be permitted to
be locked provided that the key is available at all times. The clear door opening
shall be 32 inches wide and 80 inches high, or a size large enough to
accommodate the largest piece of equipment, whichever is larger.
42. Section 903.2.1.1 Group A-1 is amended to read as follows:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided
throughout stories containing Group A-1 occupancies and throughout all stories
from the Group A-1 occupancy to and including the levels of exit discharge
serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
4. The fire area contains a multiple-theater complex.
43. Section 903.2.1.3 Group A-3 is amended to read as follows:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided
throughout stories containing Group A-3 occupancies and throughout all stories
from the Group A-3 occupancy to and including the levels of exit discharge
serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464.5 m2).
2. The fire area has an occupant load of 300 or more.
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3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
44. Section 903.2.1.4 Group A-4 is amended to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided
throughout stories containing Group A-4 occupancies and throughout all stories
from the Group A-4 occupancy to and including the levels of exit discharge
serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 5,000 square feet (464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
45. Section 903.2.2 Group B is amended to read as follows:
903.2.2 Group B. An automatic sprinkler system shall be provided for Group B
occupancies where the fire area exceeds 5,000 square feet (464.5 m2).
46. Section 903.2.3 Group E is amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be provided for Group
E occupancies as follows:
1. Throughout all Group E fire areas greater than 5,000 square feet (464.5
m2) in area.
2. The Group E fire area is located on a floor other than a level of exit
discharge serving such occupancies.
Exception: In buildings where every classroom has not fewer than
one exterior exit door at ground level, an automatic sprinkler
system is not required in any area below the lowest level of exit
discharge serving that area.
3. The Group E fire area has an occupant load of 300 or more.
47. Section 903.2.4 Group F-1 is amended to read as follows:
903.2.4 Groups F-1 and F-2. An automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 or F-2 occupancy where one of
the following conditions exists:
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1. A Group F-1 or F-2 fire area exceeds 5,000 square feet (464.5 m2).
2. A Group F-1 or F-2 fire area is located more than three stories above
grade plane.
3. The combined area of all Group F-1 or F-2 fire areas on all floors,
including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group F-1 occupancy is used to manufacture lithium-ion or lithium
metal batteries.
5. A Group F-1 occupancy is used to manufacture vehicles, energy storage
systems or equipment containing lithium-ion or lithium metal batteries
where the batteries are installed as part of the manufacturing process.
48. Section 903.2.6 Group I is amended to read as follows:
903.2.6 Group I. An automatic sprinkler system shall be provided throughout
buildings with a Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with Section
903.3.1.2 shall be permitted in Group I-1, Condition 1 facilities.
2. An automatic sprinkler system is not required where Group I-4 day
care facilities are at the level of exit discharge and where every room
where care is provided has not fewer than one exterior exit door and
the fire area does not exceed 5,000 square feet (464.5 m2).
3. In buildings where Group I-4 day care is provided on levels other than
the level of exit discharge, an automatic sprinkler system in
accordance with Section 903.3.1.1 shall be installed on the entire
floor where care is provided, all floors between the level of care and
the level of exit discharge and all floors below the level of exit
discharge other than areas classified as an open parking garage.
49. Section 903.2.7 Group M is amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout
buildings containing a Group M occupancy where one of the following
conditions exists:
1. A Group M fire area exceeds 5,000 square feet (464.5 m2).
2. A Group M fire area is located more than three stories above grade
plane.
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3. The combined area of all Group M fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m2).
50. Section 903.2.9 Group S-1 is amended to read as follows:
903.2.9 Group S-1. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S-1 occupancy where one of the
following conditions exists:
1. A Group S-1 fire area exceeds 5,000 square feet (464.5 m2).
2. A Group S-1 fire area is located more than three stories above grade
plane.
3. The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 5,000 square feet (464.5 m2).
4. A Group S-1 fire area used for the storage of commercial motor vehicles
where the fire area exceeds 5,000 square feet (464.5 m2).
5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal
powered vehicles where the fire area exceeds 500 square feet (46.4 m2).
51. Section 903.2.9.1 Repair garages is amended to read as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided
throughout all buildings used as repair garages in accordance with Section
406.8 of the International Building Code, as shown:
1. Buildings having two or more stories above grade plane, including
basements, with a fire area containing a repair garage exceeding 5,000
square feet (464.5 m2).
2. Buildings not more than one story above grade plane, with a fire area
containing a repair garage exceeding 5,000 square feet (464.5 m2).
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles
where the fire area exceeds 5,000 square feet (464 m2).
5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal
powered vehicles where the fire area exceeds 500 square feet (46.4
m2).
52. Section 903.2.10 Group S-2 parking garages is amended to read as follows:
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903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be
provided throughout all buildings containing a Group S-2 occupancy where any
of the following conditions exists:
1. Where the fire area of the enclosed parking garage, in accordance with
Section 406.6 of the International Building Code, exceeds 12,000
square feet (1115 m2). Where a Group S-2 fire area exceeds 5,000
square feet (464.5 m²).
2. Where the enclosed parking garage, in accordance with Section 406.6
of the International Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3
occupancies.
3. Where the fire area of the open parking garage, in accordance with
Section 406.5 of the International Building Code, exceeds 48,000
square feet (4460 m2).
4. A Group S-2 fire area is located more than three stories above grade
plane.
53. Section 903.2.11.1.3 Basements is amended to read as follows:
903.2.11.1.3 Basements. Where any portion of a basement is located more
than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, the
basement shall be equipped throughout with an approved automatic sprinkler
system.
54. Section 903.3.1.2.3 Attics is amended to add subsection 5 and its Exceptions
to read as follows:
. . .
5. In buildings containing dwelling or sleeping units where automatic fire
sprinklers are required in attics, the automatic fire sprinkler system shall
be designed and installed in accordance with NFPA 13, regardless of
the fire sprinkler installation standard allowed for other portions of the
building.
Exceptions:
1. Buildings that do not contain more than 6 individual dwelling
units or sleeping units and the units are separated from each
other with a 1-hour fire barrier.
2. Buildings that do not contain more than 12 individual dwelling
units or sleeping units and is divided into no more than 6
individual dwellings units (complying with number 1 above) by
a minimum 2-hour fire wall.
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3. Buildings containing only Group R-3 occupancy.
55. A new Section 903.3.1.4 Core and shell buildings is added to read as
follows:
903.3.1.4 Core and shell buildings. Automatic fire sprinkler systems in
buildings constructed to house future tenant spaces that are not assigned an
occupancy shall have minimum hazard classification of Ordinary Hazard 2 in
accordance with NFPA 13.
56. Section 903.4.3 Alarms is amended only as to the Exception to read as
follows:
903.4.3 Alarms.
. . .
Exception: Automatic sprinkler systems protecting one- and two-family
dwellings, unless such dwellings are arranged so that it is unclear which
automatic sprinkler system has activated, and for these conditions an
approved audible and visual sprinkler waterflow device, located on the
exterior of the building in an approved location shall be provided for each
fire sprinkler system installed.
57. Section 906.1 Where required, Exception 1 in paragraph 1 is deleted in its
entirety and replaced to read as follows:
906.1 Where required. Portable fire extinguishers shall be installed in all of the
following locations:
. . .
Exceptions:
1. In Group R-2 occupancies, portable fire extinguishers shall be
required in approved common spaces that are readily accessible to
the occupants of dwelling units. Portable fire extinguishers shall have
a minimum rating of 2-A:10-B:C, with a maximum travel distance of
75 feet (22860 mm) as measured from the entry doors of dwelling
units to the mounted portable fire extinguisher. Unless otherwise
specified by a law or regulation, it shall be the responsibility of the
property owner of their authorized designee to maintain portable fire
extinguishers in accordance with this code and NFPA 10.
. . .
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58. Section 907.2.11 Single-and multiple-station smoke alarms is amended to
read as follows:
907.2.11 Single- and multiple-stations smoke alarms. Listed single- and
multiple-station smoke alarms complying with UL 217 shall be installed in
accordance with Sections 907.2.11.1 through 907.2.11.7, NFPA 72 and the
manufacturer’s instructions. Where one or more sleeping rooms are added or
created in existing Group R Occupancies, the entire building shall be provided
with smoke detectors located and installed as required for new Group R
Occupancies described herein.
59. Section 907.5.2.1.3.2 Smoke alarm signal in sleeping rooms is amended to
read as follows:
907.5.2.1.3.2 Smoke alarm signal in sleeping rooms. In sleeping rooms of
Group R-1, R-2 and I-1 occupancies that are required by Section 907.2.8 or
907.2.9 to have a fire alarm system, the audible alarm signal activated by
single- or multiple-station smoke alarms in the dwelling unit or sleeping unit
shall be a 520-Hz signal complying with NFPA 72 or an alternative means
approved by the fire code official.
Where a sleeping room smoke alarm is unable to produce a 520-Hz alarm
signal, the 520-Hz alarm signal shall be provided by a listed notification
appliance.
60. A new Section 907.8.5 Excessive false alarms is added to read as follows:
907.8.5 Excessive false alarms. An excessive number of false alarms shall
be defined as two (2) alarm activations for a fire alarm system within a sixty
(60) day period, provided that any such activations are not the result of a cause
reasonably beyond the control of the owner, tenant, or operator of the building.
In the event of an excessive number of false alarms, the fire code official may
order the building owner, tenant, operator of the building or party responsible
for the building to take reasonable actions necessary to prevent false alarms.
These actions may include repair or replacement of the faulty alarm
components, addition of tamper proof devices, modification of system design
and repair of other building components which affect alarm system
performance. The fire code official also may require the building owner, tenant,
operator of the building or party responsible for the building to obtain an
approved maintenance contract with a qualified fire alarm maintenance
technician as required by NFPA 72 to provide continuous maintenance service
of the system.
61. Section 1010.1.4 Floor elevation is amended to read as follows:
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1010.1.4 Floor elevation. There shall be a floor or landing on each side of a
door. Such floor or landing shall be at the same elevation on each side of the
door. Landings shall be level except for exterior landings, which are permitted
to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent
slope). All exterior steps, slabs, walks, decks and patios serving as exterior
door landings or exterior stairs shall be adequately and permanently secured
in place by approved methods to prevent such landings or stairs from being
undermined or subject to significant displacement due to improper placement
of supporting backfill or due to inadequate anchoring methods.
Exceptions:
. . .
7. Exterior doors serving individual dwelling units, other than the main
entrance door to a dwelling unit, may open at one intervening exterior
step that is equally spaced between the interior floor level above and
exterior landing below, provided that the step has a minimum tread
depth of 12 inches (30.48 cm), a maximum riser height of 7¾ inches
(19.68 cm), and a minimum width equal to the door width and,
provided further that the door does not swing over the step.
62. Section 1011.11 Handrails is amended to read as follows:
1011.11 Handrails. Flights of stairways of more than one riser shall have
handrails on each side and shall comply with Section 1014. Where glass is
used to provide the handrail, the handrail shall comply with Section 2407 of the
International Building Code.
. . .
63. Section 1015.8 Window openings is amended to read as follows:
1015.8 Window openings. Windows in Group R-2 and R-3 buildings including
dwelling units, where the bottom of the clear opening of an operable window is
located less than 24 inches (610 mm) above the finished floor and more than
72 inches (1829 mm) above the finished grade or other surface below on the
exterior of the building, shall comply with one of the following:
. . .
64. A new Section 1015.9 Below grade openings is added to read as follows:
1015.9 Below grade openings. All area wells, stair wells, window wells and
light wells attached to any building that are located less than 36 inches from
the nearest intended walking surface and deeper than 30 inches below the
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surrounding ground level shall have guards or approved covers for fall
protection.
65. Section 1031.2 Where required is amended only as to Exceptions 1 and 5 to
read as follows:
. . .
Exceptions:
1. Basements with a ceiling height of less than 72 inches (1828.8 mm)
and that do not contain habitable space, shall not be required to have
emergency escape and rescue openings.
. . .
5. Within individual dwelling and sleeping units in Groups R-2 and R-3,
where the building is equipped throughout with an automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2,
sleeping rooms in basements shall not be required to have
emergency escape and rescue openings provided that the basement
has one of the following:
5.1. One means of egress and one emergency escape and
rescue opening.
5.2. Two means of egress.
66. Section 1031.3 Emergency escape and rescue openings is amended to
read as follows:
1031.3 Emergency escape and rescue openings. Emergency escape and
rescue openings shall comply with Sections 1031.3.1 through 1031.3.4.
67. A new Section 1031.3.4 Emergency escape and rescue openings shall be
added to read as follows:
1031.3.4 Minimum height from floor. Emergency escape and rescue window
openings that are located more than 72 inches (1829 mm) above the finished
grade shall have a sill height of not less than 24 inches (609 mm) measured
from the finished interior side floor.
68. Section 1103.2 Emergency responder communications enhancement in
existing buildings is amended to read as follows:
1103.2 Emergency responder communications enhancement in existing
buildings. Existing buildings other than Group R-3 that do not have approved
in-building emergency response communications enhancement for emergency
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responders in the building based on existing coverage levels of the public
safety communication systems, shall be equipped with such coverage
according to one of the following:
1. Where an existing wired communication system cannot be repaired
or is being replaced, or where not approved in accordance with
Section 510.1, Exception 1.
2. In all buildings exceeding 10,000 sq.ft. and any Type V construction
exceeding 15,000 sq.ft.
Exception: Where it is determined by the fire code official that the in-building
emergency responder communications enhancement system is not needed.
69. Section 1205.3 Other than Group R-3 buildings is amended to read as
follows:
1205.3 Other than Group R-3 buildings. Access to systems for buildings,
other than those containing Group R-3 occupancies, shall be provided in
accordance with Sections 1205.3.1 through 1205.3.3.
Exception: Where it is determined by the fire code official that the roof
configuration is similar to that of a Group R-3 occupancy, and the building
does not exceed three stories and does not require aerial fire apparatus
access in accordance with Appendix D, the residential access and
ventilation requirements in Section 1205.2.1.1 through 1205.2.1.3 are a
suitable alternative.
. . .
70. Section 3102.1 Definitions is amended to read as follows:
3102.1 Definitions. The following terms are defined in Chapter 2:
. . .
MAZE.
71. A new Section 3105.9 Mazes is added to read as follows:
3105.9 Mazes. Mazes, including but not limited to, outdoor corn stalk or hedge-
mazes, or similar indoor or outdoor conditions, shall be in accordance with
requirements established by the fire code official and the PFA’s special event
policies and procedures.
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72. Section 3307.1.2 Stairways required is amended to read as follows:
3307.1.2 Stairways required. Where building construction exceeds 20 feet
(6096 mm) or one-story in height above the lowest level of fire department
vehicle access, a temporary or permanent stairway shall be provided to all
floors that have secured decking or flooring. As construction progresses, such
stairway shall be extended to within one floor of the highest point of
construction having secured decking or flooring.
73. Section 5001.1 Scope is amended only as to Exception 10 to read as follows:
. . .
10. The production, processing and storage of beer, distilled spirits and
wines in barrels and casks when the facility is in conformance with
the Distilled Spirits Council of the United States (“DISCUS”)
“Recommended Fire Protection Practices for Distilled Spirits
Beverage Facilities” and NFPA 13.
. . .
74. Section 5601.1.3 Fireworks is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling
and use of fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. The use of fireworks for fireworks displays as allowed in Section
5608.
75. Section 5701.2 Nonapplicability is amended only as to numbered item 10 to
read as follows:
. . .
10. The production, processing and storage of beer, distilled spirits and
wines in barrels and casks when the facility is in conformance with the
DISCUS “Recommended Fire Protection Practices for Distilled Spirits
Beverage Facilities” and NFPA 13.
. . .
76. Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited
is amended to read as follows:
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5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage
of Class I and II liquids in above-ground tanks outside of buildings is prohibited
within the limits established by law as the limits of districts in which such storage
is prohibited in accordance with the City of Fort Collins Land Use Code.
77. Section 5706.2.4.4 Locations where above-ground tanks are prohibited is
amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. The
storage of Class I and II liquids in above-ground tanks is prohibited within the
limits established by law as the limits of districts in which such storage is
prohibited in accordance with the City of Fort Collins Land Use Code.
78. Section 5806.2 Limitations is amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary
containers outside of buildings is prohibited within the limits established by law
as the limits of districts in which such storage is prohibited in accordance with
the City of Fort Collins Land Use Code.
79. Section 6104.2 Maximum capacity within established limits is amended to
read as follows:
6104.2 Maximum capacity within established limits. For the protection of
heavily populated or congested areas, storage of liquified petroleum gas shall
not exceed an aggregate capacity in any one installation of 2,000 gallons (7570
L) within the limits established by law as set forth in the fire code adoption
ordinance and in accordance with the City of Fort Collins Land Use Code.
Exception: In particular installations, this capacity limit shall be determined
by the fire code official, after consideration of special features such as
topographical conditions, nature of occupancy, and proximity to buildings,
capacity of proposed LP-gas containers, degree of fire protection to be
provided and capabilities of the local fire department.
80. Section 6109.13 Protection of containers is amended to read as follows:
6109.13 Protection of containers. LP-gas containers shall be stored within a
suitable enclosure or otherwise protected against tampering. Vehicle impact
protection shall be provided as required by Section 6107.4.
81. A new CHAPTER 68 APPENDIX ADOPTION STATUS is added to read as
follows:
APPENDIX TITLE STATUS
A Board of Appeals
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B Fire-flow Requirements for Buildings
C Fire Hydrant Locations and Distribution
D Fire Apparatus Access Roads
E Hazard Categories Adopted as reference
F Hazard Ranking Adopted
G Adopted as reference
H Adopted as reference
I Not Adopted
J Building Information Sign
K
L Adopted
M High-rise Buildings—Retroactive
Automatic Sprinkler Requirements Not Adopted
N Indoor Trade Shows and Exhibitions Adopted
O Not Adopted
82. CHAPTER 80 REFERENCED STANDARDS is amended by adding the
following additional referenced standards:
. . .
CHAPTER 80
REFERENCED STANDARDS
______________________________________________________________________
Distilled Spirits Council of the United States
1250 Eye Street, NW Suite 400
Washington, DC 20005
Standard Reference Title Code
Reference
DISCUS
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4th Edition, February 2020 Recommended Fire
Protection Practices
For Distilled Spirits Beverage Facilities ………5001.1,
5701.2
______________________________________________________________________
. . .
Larimer County Engineering
200 W Oak Street
Fort Collins, CO 80524
Standard Reference Title Code
Reference
Enacted August 1, 2021 Larimer County Urban
Area Street Standards
………….……….….………D105.6
______________________________________________________________________
. . .
83. APPENDIX A BOARD OF APPEALS is deleted in its entirety and replaced
with the following:
APPENDIX A
BOARD OF APPEALS
SECTION A101
GENERAL
A101.1 Scope. Pursuant to the provisions of Section 112 of this code, upon
the filing of an application for appeal of a decision of the fire code official as to
the application and/or interpretation of this code, a board of appeals shall be
established in accordance with Section A101.3. The board shall be established
and operated in accordance with this Section A101 and shall be authorized to
hear evidence from appellant(s) and the fire code official pertaining to the
application and intent of this code for the purpose of issuing a decision pursuant
to these provisions.
A101.2 Application for appeal. Any person or entity shall have the right to
appeal a decision of the fire code official to the board. An application for appeal
shall be based on a claim that the intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted and/or applied, the provisions of
LCUASS
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this code do not fully apply, or an equally good or better form of construction is
proposed. The board has the right to dismiss an application for appeal upon
receipt which on its face does not demonstrate plausible grounds that the fire
code official made an incorrect interpretation and/or application, the provisions
of this code do not fully apply, or an equivalent or better form of construction
should be considered. A person wishing to submit an appeal shall request an
application via email or letter to the fire code official. The completed application
shall be filed within 90 days after the date the fire code official’s decision was
issued. The board will not consider an appeal that is not filed within 90 days of
the fire code official’s decision.
A101.2.1 Limitation of authority. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
A101.2.2 Stays of enforcement. Appeals of notice and orders, other than
Imminent Danger notices, shall stay the enforcement of the notice and order
until the board dismisses the application for appeal pursuant to Section A101.2,
or it issues a decision on the appeal.
A101.3 Membership of board. The board shall consist of no less than three
voting members appointed by the fire code official. Each member will be
selected based on their expertise in the field of which the appellant is
challenging the application and/or interpretation of this code. The board
members will be selected within 20 business days of the fire code official’s
receipt of the appellant's application for appeal. The fire code official shall be
an ex officio member of the board but shall not vote on any matter before the
board.
A101.3.1 Qualifications. The board shall consist of members who are qualified
by experience and training to pass on matters pertaining to hazards of fire,
explosions, hazardous conditions, or fire protection systems, and are not
employees of the jurisdiction.
A101.3.2 Chairperson. The board shall select one of its members as the
chairperson of the board. The chairperson will present in writing the board’s
dismissal of or decision on an appeal.
A101.3.3 Secretary. The fire code official shall designate a qualified clerk to
serve as secretary to the board. The secretary shall submit a detailed record of
all proceedings to the chief appointing authority and the fire code official, which
shall set forth the reasons for the board’s decision, the vote of each member,
the absence of a member, and any members abstaining from voting.
A101.3.4 Conflict of interest. A member with any personal, professional, or
financial interest in a matter before the board shall declare such interest and
shall recuse themself from the board with respect to that matter.
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A101.3.5 Compensation of members. Compensation of members shall be
determined by law.
A101.3.6 Board decision and dissolution. The board’s decision shall be
promptly submitted in writing to the fire code official and the individual(s), entity,
or entities that initiated the appeal. The board shall automatically dissolve 10
business days after it issues its decision if no post-decision issues have been
brought to its attention. The board’s decision is final and conclusive for
purposes of exhaustion of administrative remedies.
A101.4 Rules and procedures. The board shall follow the applicable policies
and procedures of the PFA in carrying out its duties consistent with the
provisions of this code and applicable state law. The procedures shall not
require compliance with strict rules of evidence but shall mandate that only
relevant information be presented.
A101.5 Notice of meetings. The board shall meet upon notice from the
chairperson within 20 calendar days of the last board member being selected
by the fire code official or at stated periodic intervals.
84. APPENDIX B FIRE-FLOW REQUIREMENTS is adopted in its entirety, with the
following amendments:
Section B105.1 One-and two-family dwellings, Group R-3 and R-4
buildings and townhouses is amended to read as follows, with Table
B105.1(1) being deleted in its entirety:
B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and
townhouses. The minimum fire-flow and flow duration requirements for one-
and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall
be 1000 gpm with residual pressure of 20 psi for a duration of one (1) hour.
Exception: One- and two-family dwellings, Group R-3 and R-4 buildings
and townhouses located outside of the City of Fort Collins Growth
Management Area shall provide a minimum fire-flow of 500 gpm with
residual pressure of 20 psi for a duration of one (1) hour.
Section B105.2 Buildings other than one- and two-family dwellings,
Group R-3 and R-4 buildings and townhouses is amended to read as
follows, with Table B105.2 being deleted in its entirety:
B105.2 Buildings other than one- and two-family dwellings, Group R-3
and R-4 buildings and townhouses. The minimum fire-flow and flow duration
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for buildings other than one- and two-family dwellings, Group R-3 and R-4
buildings and townhouses shall be as specified in Table B105.1(2).
Exception: A reduction in required fire flow of up to 75%, as approved, is
allowed when the building is protected with an automatic fire suppression
system in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting
fire-flow shall not be less than 1,500 gpm for the prescribed duration as
specified in Table B105.1(2).
85. APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION is deleted
in its entirety and replaced with the following:
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C101
GENERAL
C101.1 Scope. In addition to the requirements of Section 507.5.1, fire hydrants
shall be provided along public roads and required fire apparatus access roads
in accordance with this appendix for the protection of buildings, or portions of
buildings, hereafter constructed or moved into the jurisdiction.
SECTION C102
NUMBER OF FIRE HYDRANTS
C102.1 Fire hydrants available. The number of fire hydrants available to a
building, complex or subdivision shall be not less than that determined by
spacing requirements listed in Table C102.1 when applied to fire apparatus
access roads and adjacent public streets from which fire operations could be
conducted.
TABLE C102.1 – REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS.f
APPLICATION
FIRE FLOW
REQUIREMENTS
(gpm)
SPACING
BETWEEN
HYDRANTS
(feet)a,b,c
MAXIMUM
DISTANCE FROM
FURTHEST POINT
ON A BUILDING TO
A
HYDRANT (feet)e
Commercial/
Multifamily
Value as calculated
in accordance with
section B105.2
600
300d
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One- &Two-
Family Dwelling
1,000
800
400
One- &Two-
Family Dwelling
500
800
400
a. Reduce by 100 feet for dead-end streets or roads.
b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or
are arterial streets, hydrant spacing shall average 500 feet on each side of the street and be arranged on an
alternating basis.
c. Where new water mains are extended along streets where hydrants are not needed for protection of structures
or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for
transportation hazards.
d. For buildings equipped with a standpipe, see Section 507.5.1.1.
e. For the purposes of determining distance from a building to a hydrant, hydrants located across 2- and 4-lane
arterial roads shall not be considered available unless the building is protected with an approved automatic
fire suppression system. Hydrants located across 6 lane arterial roads shall not be considered available.
f. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific
constraints and hazards.
SECTION C103
FIRE HYDRANT SPACING
C103.1 Hydrant spacing. The average spacing between fire hydrants shall
not exceed that listed in Table C102.1. Regardless of the average spacing, fire
hydrants shall be located such that all points on streets and access roads
adjacent to a building are within the distances listed in Table C102.1.
Exception: The fire code official is authorized to accept a deficiency of up
to 10 percent where existing fire hydrants provide all or a portion of the
required fire hydrant service.
SECTION C104
CONSIDERATION OF EXISTING FIRE HYDRANTS
C104.1 Existing fire hydrants. Existing fire hydrants on public streets are
allowed to be considered as available to meet the requirements of Sections
C102 and C103. Existing fire hydrants on adjacent properties shall not be
considered available unless fire apparatus access roads extend between
properties and easements are established to prevent obstruction of such roads.
86. APPENDIX D FIRE APPARATUS ACCESS ROADS is deleted in its entirety and
replaced with the following:
APPENDIX D
FIRE APPARATUS ACCESS ROADS
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SECTION D101
GENERAL
D101.1 Scope. Fire apparatus access roads shall be in accordance with this
appendix and all other applicable requirements of the International Fire Code
adopted by the City of Fort Collins, including all local amendments.
SECTION D102
REQUIRED ACCESS
D102.1 Access, construction, and loading. Facilities, buildings, or portions
of buildings hereafter constructed shall be accessible to fire department
apparatus by way of an approved fire apparatus access road. All access roads
must be an all-weather driving surface constructed of asphalt, concrete, or
compacted road base and engineered to support the imposed load of fire
apparatus weighing at least 80,000 pounds (36,287 kg).
D102.2 [Reserved].
D102.2.1 Temporary emergency access. Compacted road base or chip shall
only be used for a temporary emergency access. Temporary access shall be
available as long as the site is under construction. Thereafter, permanent fire
lanes shall be accessible and unobstructed at all times.
D102.2.2 Permanent emergency access. All permanent points of access
shall be hard decks consisting of asphalt or concrete designed to HS 20 or to
support 80,000 pounds (36,287 kg). Compacted road base or other surfaces
engineered and capable of supporting the imposed loads may be approved by
the fire code official for ground mounted solar installations, cell towers and
similar isolated facilities and structures.
D102.2.3 Installation timing. All required access roads must be installed and
serviceable before above-ground construction begins unless otherwise
approved by the fire code official.
SECTION D103
MINIMUM SPECIFICATIONS
D103.1 Access road width with a hydrant. Where a fire hydrant is located on
a fire apparatus access road, the minimum road width shall be 26 feet (7,925
mm), exclusive of shoulders (see Figure 103.1).
FIGURE D103.1 – DEAD END FIRE APPARATUS ACCESS ROAD TURNAROUND
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D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in
grade.
Exception: Grades steeper than 10 percent as approved by the fire code
official. (See section D105.5 for aerial fire apparatus access roads.)
D103.3 Turning radius. The minimum turning radius shall be 25 feet inside
radius and 50 feet outside radius and 18 inches of clearance from the curb is
required.
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150
feet (46 m) shall be provided with width and turnaround provisions in
accordance with Table D103.5.
TABLE D103.4 - REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS
ROADS
LENGTH
(feet)
WIDTH
(feet) TURNAROUNDS REQUIRED
0-150 20 None required
151-660 20 de-sac in accordance with Figure
Over 660 Special Approval Required
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D103.4.1 Additional Points of Access Required. Additional points of access
shall be required where a required access roadway exceeds 660 feet (201 m)
in length.
Exception: Where the access road does not exceed 1320 feet (402 m) in
length and all dwelling units beyond 660 feet (201 m) are equipped
throughout with an approved automatic sprinkler system in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 access from two directions shall
not be required.
D103.4.2 Remoteness. Where two or more points of access are required, they
shall be placed a distance apart equal to not less than one half of the length of
the maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses.
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20
feet (6,096 mm). Where a fire apparatus access road consists of a
divided roadway, the gate shall be not less than 12 feet (3,658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation
by one person.
4. Gate components shall be maintained in an operative condition at all
times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices must be approved by the fire code official.
6. Methods of locking the gate must be approved by the fire code official.
7. Manual opening gates shall not be locked with a padlock or chain and
padlock unless the padlock is approved by the fire code official and is
compatible with the approved Key Boxes in use by the fire department.
8. Gate design and locking device specifications shall be submitted for
approval by the fire code official prior to installation.
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9. Electric gate operators, where provided, shall be listed in accordance
with UL325.
10. Gates intended for automatic operation shall be designed, constructed,
and installed to comply with the requirements of ASTM F 2200.
D103.6 Signs. Where required by the fire code official, fire apparatus access
roads shall be marked with permanent NO PARKING-FIRE LANE signs
complying with Figure D 103.6 or other approved sign. Signs shall have a
minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high
and have red letters on a white reflective background. Signs shall be posted on
one or both sides of the fire apparatus road as required by Sections D103.8.1
or D103.8.2.
FIGURE D103.6 – FIRE LANE SIGNS
D103.7 Angle of Approach/Departure. Grade changes upon a fire apparatus
access road or when entering or exiting from or to a fire apparatus access road
shall not exceed a 10 percent angle of approach or angle of departure.
SECTION D103.8
FIRE LANE SIGNS
D103.8.1 Roads 20 to 26 feet in width. Fire lane signs as specified in D103.6
shall be posted on both sides of fire apparatus access roads that are 20 to 26
feet wide (6,096 to 7,925 mm).
D103.8.2 Roads more than 26 feet in width. Fire lane signs as specified in
D103.6 shall be posted on one side of fire apparatus access roads more than
26 feet wide (7,925 mm) and less than 32 feet wide (9,754 mm).
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D103.9 Minimum Overhead Clearance. Fire access roads shall have a
minimum overhead clearance for the entire width of the access road of not less
than 14 feet (4,267 mm).
D103.10 Fire Apparatus Access Roads. Fire apparatus access roads shall
not be located on an arterial street, as defined by the LCUASS Standards for
arterial roads.
Exception: Buildings, structures, facilities and premises located on multiple
arterial roads may use one arterial road defined as less than six lanes.
SECTION D104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or
facilities exceeding 30 feet (9144 mm) or three stories in height shall have at
least two means of fire apparatus access for each structure.
Exception: Buildings or facilities exceeding 30 feet (9144 mm) or three
stories in height that have a single approved fire apparatus access road
where the buildings are equipped throughout with approved automatic
sprinkler systems.
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet (5760
m2) shall be provided with two separate and approved fire apparatus access
roads.
Exception: Projects having a gross building area of up to 124,000 square
feet (11 520m2) that have a single approved fire apparatus access road
where all buildings are equipped throughout with approved automatic
sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required,
they shall be placed a distance apart equal to not less than one half of the
length of the maximum overall diagonal dimension of the lot or area to be
served, measured in a straight line between accesses.
SECTION D105
AERIAL FIRE APPARATUS ACCESS ROADS
D105.1 Where required. Where the vertical distance between the grade plane
and the highest roof surface exceeds 30 feet (9,144 mm), approved aerial fire
apparatus access roads shall be provided. For purposes of this section, the
highest roof surface shall be determined by measurement to the eave of a
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Item 27.
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pitched roof, the intersection of the roof to the exterior wall, or the top of parapet
walls, whichever is greater.
Exception: Where approved by the fire code official, building of Type IA,
Type IB or Type IIA construction equipped throughout with an automatic
sprinkler system in accordance with Section 903.3.1.1 and having firefighter
access through an enclosed stairway with Class I Standpipe from the lowest
level of fire department vehicle access to all roof surfaces.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the
immediate vicinity of the building or portion thereof if the fire apparatus access
road is not a dead end. Dead end fire apparatus access roads for aerial
apparatus access shall be a minimum of 30 feet (9144 mm) wide.
D105.3 Proximity to building. One or more of the required access roads
meeting this condition shall be located within a minimum of 15 feet (4572 mm)
and a maximum of 30 feet (9144 mm) from the building and shall be positioned
parallel to one entire side of the building. The side of the building on which the
aerial fire apparatus access road is positioned shall be approved by the fire
code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located
over the aerial fire apparatus access road or between the aerial fire apparatus
access road and the building. Other obstructions may be permitted to be placed
only if approved by the fire code official.
D105.5 Grade. Aerial fire apparatus access roads adjacent to the building shall
not exceed 5 percent in grade.
D105.6 Road type. Aerial fire apparatus access roads shall not be located on
an arterial streets as defined by the LCUASS standards for arterials.
Exception: Buildings or facilities located on multiple arterial roads can use
one arterial road defined as less than six (6) lanes. Or approved by the fire
code official..
SECTION D106
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be equipped
throughout with two separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single
approved fire apparatus access road when all buildings, including
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Item 27.
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nonresidential occupancies, are equipped throughout with approved
automatic sprinkler systems installed in accordance with Section 903.3.1.1
or 903.3.1.2.
D106.2 Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall be provided with
two separate and approved fire apparatus access roads regardless of whether
they are equipped with an approved automatic sprinkler system.
D106.3 Remoteness. Where two fire apparatus access roads are required,
they shall be placed a distance apart equal to not less than one half of the
length of the maximum overall diagonal dimension of the lot or area to be
served, measured in a straight line between accesses.
SECTION D107
ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments.
Developments of one- or two-family dwellings where the number of dwelling
units exceeds 30 shall be provided with two separate and approved fire
apparatus access roads that comply with Section D103.5.2.
Exception: Where there are more than 30 dwelling units on a single public
or private fire apparatus access road not exceeding 1320 feet (402 m) in
length and all dwelling units are equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2
or 903.3.1.3 access from two directions shall not be required.
D107.2 Future connection. The number of dwelling units on a single fire
apparatus access road shall not exceed 30 dwelling units unless fire apparatus
access roads will connect with future development, as determined by the fire
code official.
D107.3 Remoteness. Where two access roads are required, they shall be
placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured
in a straight line between accesses.
SECTION D108
REFERENCED STANDARDS
D108.1 General. See Table D108.1 for standards that are referenced in various
sections of this appendix. Standards are listed by the standard identification
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Item 27.
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with the effective date, standard title, and the section or sections of this
appendix that reference the standard.
TABLE D108.1
REFERENCED STANDARDS
ACRONYM HEREIN
ASTM F 2200—14
Standard Specification for
Automated Vehicular Gate
D103.5
UL 325—02
Door, Drapery, Gate,
Louver, and Window
Operators and Systems,
with Revisions through
May 2015
D103.5
SECTION D109
SCHOOL EMERGENCY IDENTIFICATION NUMBERS
AND EMERGENCY RESPONSE MAP
D109.1 Scope. New and existing buildings, structures, mobile rooms, and
auxiliary buildings as part of any public school, institute charter school, and
junior college meeting 8 CCR 1507-30, shall be provided with approved
emergency identification numbering and an approved emergency response
map. Emergency identification numbers shall be placed on the exterior, top left
corner of each door in an approved clockwise sequence for each building or
structure. Numbers shall be Arabic and numerically displayed as opposed to
spelled out. Each number shall be a minimum of 5 inches (127 mm) high with
a minimum stroke of 3/4 inch (19.05 mm). Emergency identification numbers
which serve doors that do not have electronic access are permitted to be of any
color scheme other than the color red, provided the numbers contrast with their
background and are readily distinguishable. Emergency identification numbers
which serve doors that do have electronic access shall have numbers that are
green in color with a white background and shall be of a reflective quality.
Emergency identification numbers shall be permanent and durable. Emergency
identification numbers shall be maintained.
D109.2 Emergency Response Map. An emergency response map shall be
required to be provided to the PFA and any responding law enforcement
agency. The map shall display an aerial view of all buildings and structures.
The boundary of each building or structure shall be clearly distinguishable with
the corresponding emergency identification numbers displayed.
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Item 27.
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Exceptions:
1. Where it is impractical to post emergency identification numbers on
or above a door frame, such as for glass doors, posting in the top left
corner of the glass or spandrel panel within the door is permissible.
2. Where more than one door is provided as part of an assembly, only
one door is required to have an emergency identification number.
3. Where multiple doors or assemblies of doors are provided, they
occur along the same wall, and they serve the same common area,
only one door is required to have an emergency identification
number.
4. Doors which serve floors above the first floor or primary access level,
shall have an emergency identification number to correspond with
the number of the door in closest proximity on the first floor or primary
access level.
5. Doors which do not provide access to the greater interior portion of
any building or structure, such as for electrical or mechanical access,
shall not require an emergency identification number but shall be
identified on the emergency response map and labeled as a utility
room with a designation as (UR).
6. Elevators shall not require an emergency identification number but
shall be identified on the emergency response map and labeled as
an elevator with a designation as (ELV).
Section 4. The City Attorney and the City Clerk are authorized to modify the
formatting and to make such other amendments to this Ordinance as necessary to
facilitate publication in the Fort Collins Municipal Code; provided, however, that such
modifications and amendments shall not change the substance of the Code provisions.
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Item 27.
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Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 349
Item 27.
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the City Council of the City
of Fort Collins,Colorado,on the 18th day of March,2025,at 6:00 p.m.,or as soon thereafter as
the matter may come on for hearing,in the Council Chambers at the City Hall,300 Laporte
Avenue,Fort Collins,Colorado for the purpose of considering the adoption of ordinances adopting
by reference the 2024 International Fire Code,together with local amendments,promulgated by
the International Code Council.
Not less than one (1)copy of said Codes has been,and now is on file in the Office of the
City Clerk of the City of Fort Collins and is available for public inspection.
The purpose of the International Fire Code adopted by said ordinance is to provide for
protection of public health and safety and general welfare regarding fire prevention and
suppression.
Individuals who wish to address Council via remote public participation can do so through
Zoom at https://zoom.us/i/98241416497.(The link and instructions are also posted
at www.fc ov.comlcouncilcomments.)Individuals participating in the Zoom session should
watch the meeting through that site,and not via FCTV,due to the streaming delay and possible
audio interference.
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 (VITDD:Dial 711 for Relay
Colorado)for assistance.Please provide 48-hour advance notice when possible.
A petición,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 Ia Ciudad.Para asistencia,
Ilame al 970.221.6515 (VITDD:Marque 711 para Relay Colorado).Por favor proporcione 48
horas de aviso previo cuando sea posible.
This notice is given and published by order of the City of Fort Collins,Colorado.
Dated at Fort Collins,Colorado this 23rd day of February,2025
~LlZA A
De1ynj~oldiron
City Clerk
EXHIBIT A TO ORDINANCE NO. 051, 2025
Page 350
Item 27.
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103.1 Creation of agency. Pursuant to Section 1.2 of the January 1, 2025,
Intergovernmental Agreement establishing the Poudre Fire Authority (“PFA” or
“fire department”), the City has granted PFA the power and authority to enforce
this code, and PFA’s Fire Chief, directly or through delegation to the PFA Fire
Marshal, shall be known as the fire code official. The function of PFA shall be
the implementation, administration, and enforcement of the provisions of this
code.
3.Section 104.8 Liability is amended to read as follows:
104.8 Liability. The fire code official, member of the board of appeals, officer
or employee charged with the enforcement of this code, while acting for the
jurisdiction, in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, shall not thereby be
rendered personally liable, either civilly or criminally, and is hereby relieved
from all personal liability for any damage accruing to persons or property as a
result of an act or by reason of an act or omission in the discharge of official
duties, unless such act or omission is determined by a court of competent
jurisdiction to be willful and wanton, as provided in the Colorado Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S.
4.Section 104.8.1 Legal defense is deleted in its entirety and amended to read
as follows:
104.8.1 Legal defense. Any civil suit instituted against any PFA director,
officer or employee, including the fire code official, because of an act or
omission performed by that director, officer, employee, or fire code official, PFA
shall provide for the defense of such individual to the extent required or
permitted by the Colorado Government Immunity Act, Section 24-10-101, et
seq., C.R.S.
5.Sections 112.1 General and 112.2 Limitations on authority are is
amended to read as follows, and Section 112.3 Qualifications is
deleted in its entirety:
112.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of
appeals to be known as the Fire Board of Appeals. The City of Fort Collins
Building Review Commission, as appointed from time to time, shall constitute
the Fire Board of Appeals. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing to
the appellant with a duplicate copy to the fire code official. Application for an
appeal and all process and procedures for an appeal shall be as stipulated in
Ordinance Excerpts showing proposed Second Reading Amendments
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Section 113 of the International Building Code, as amended and adopted by
the City of Fort Collins. The board shall follow the applicable policies and
procedures of the City of Fort Collins in carrying out its duties consistent with
the provisions of this code and applicable state law. The board of appeals shall
be appointed by the applicable governing authority in accordance with
Appendix A and shall hold office at its pleasure. The board shall conduct
business and procedures in accordance with Appendix A.
112.2 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply or an equivalent or better form of
construction is proposed. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
6. Section 202 General Definitions is amended to read as follows:
. . .
BARREL. A charred wooden process vessel made of bent staves held together
with steel hoops, with the greatest diameter being at the center of the staves,
known as the “bilge.” The ends, known as “heads,” are flat, and the rim formed
by staves overlapping the heads is known as the “chime.”
. . .
CASK. See “Barrel.”
. . .
DWELLING. A building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family
dwellings and multi-family dwellings. The term dwelling shall not include hotels,
motels, homeless shelters, seasonal overflow shelters, tents or other structures
designed or used primarily for temporary occupancy. Any dwelling shall be
deemed to be a principal building.
DWELLING UNIT. One or more rooms and a single kitchen and at least one
bathroom, designed, occupied or intended for occupancy as separate quarters
for the exclusive use of a single family for living, cooking and sanitary purposes,
located in a single-family, two-family or multi-family dwelling, or mixed-use
building.
. . .
FALSE ALARM. See Unwanted Alarm.
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N Indoor Trade Shows and Exhibitions Adopted
O Not Adopted
82. CHAPTER 80 REFERENCED STANDARDS is amended by adding the
following additional referenced standards:
. . .
CHAPTER 80
REFERENCED STANDARDS
______________________________________________________________________
Distilled Spirits Council of the United States
1250 Eye Street, NW Suite 400
Washington, DC 20005
Standard Reference Title Code
Reference
4th Edition, February 2020 Recommended Fire
Protection Practices
For Distilled Spirits Beverage Facilities ………5001.1,
5701.2
______________________________________________________________________
. . .
Larimer County Engineering
200 W Oak Street
Fort Collins, CO 80524
Standard Reference Title Code
Reference
Enacted August 1, 2021 Larimer County Urban
Area Street Standards
………….……….….………D105.6
______________________________________________________________________
. . .
83. APPENDIX A BOARD OF APPEALS is deleted in its entirety and replaced
with the following:
DISCUS
LCUASS
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Item 27.
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APPENDIX A
BOARD OF APPEALS
SECTION A101
GENERAL
A101.1 Scope. Pursuant to the provisions of Section 112 of this code, upon
the filing of an application for appeal of a decision of the fire code official as to
the application and/or interpretation of this code, a board of appeals shall be
established in accordance with Section A101.3. The board shall be established
and operated in accordance with this Section A101 and shall be authorized to
hear evidence from appellant(s) and the fire code official pertaining to the
application and intent of this code for the purpose of issuing a decision pursuant
to these provisions.
A101.2 Application for appeal. Any person or entity shall have the right to
appeal a decision of the fire code official to the board. An application for appeal
shall be based on a claim that the intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted and/or applied, the provisions of
this code do not fully apply, or an equally good or better form of construction is
proposed. The board has the right to dismiss an application for appeal upon
receipt which on its face does not demonstrate plausible grounds that the fire
code official made an incorrect interpretation and/or application, the provisions
of this code do not fully apply, or an equivalent or better form of construction
should be considered. A person wishing to submit an appeal shall request an
application via email or letter to the fire code official. The completed application
shall be filed within 90 days after the date the fire code official’s decision was
issued. The board will not consider an appeal that is not filed within 90 days of
the fire code official’s decision.
A101.2.1 Limitation of authority. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
A101.2.2 Stays of enforcement. Appeals of notice and orders, other than
Imminent Danger notices, shall stay the enforcement of the notice and order
until the board dismisses the application for appeal pursuant to Section A101.2,
or it issues a decision on the appeal.
A101.3 Membership of board. The board shall consist of no less than three
voting members appointed by the fire code official. Each member will be
selected based on their expertise in the field of which the appellant is
challenging the application and/or interpretation of this code. The board
members will be selected within 20 business days of the fire code official’s
receipt of the appellant's application for appeal. The fire code official shall be
an ex officio member of the board but shall not vote on any matter before the
board.
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A101.3.1 Qualifications. The board shall consist of members who are qualified
by experience and training to pass on matters pertaining to hazards of fire,
explosions, hazardous conditions, or fire protection systems, and are not
employees of the jurisdiction.
A101.3.2 Chairperson. The board shall select one of its members as the
chairperson of the board. The chairperson will present in writing the board’s
dismissal of or decision on an appeal.
A101.3.3 Secretary. The fire code official shall designate a qualified clerk to
serve as secretary to the board. The secretary shall submit a detailed record of
all proceedings to the chief appointing authority and the fire code official, which
shall set forth the reasons for the board’s decision, the vote of each member,
the absence of a member, and any members abstaining from voting.
A101.3.4 Conflict of interest. A member with any personal, professional, or
financial interest in a matter before the board shall declare such interest and
shall recuse themself from the board with respect to that matter.
A101.3.5 Compensation of members. Compensation of members shall be
determined by law.
A101.3.6 Board decision and dissolution. The board’s decision shall be
promptly submitted in writing to the fire code official and the individual(s), entity,
or entities that initiated the appeal. The board shall automatically dissolve 10
business days after it issues its decision if no post-decision issues have been
brought to its attention. The board’s decision is final and conclusive for
purposes of exhaustion of administrative remedies.
A101.4 Rules and procedures. The board shall follow the applicable policies
and procedures of the PFA in carrying out its duties consistent with the
provisions of this code and applicable state law. The procedures shall not
require compliance with strict rules of evidence but shall mandate that only
relevant information be presented.
A101.5 Notice of meetings. The board shall meet upon notice from the
chairperson within 20 calendar days of the last board member being selected
by the fire code official or at stated periodic intervals.
84. APPENDIX B FIRE-FLOW REQUIREMENTS is adopted in its entirety, with the
following amendments:
Section B105.1 One-and two-family dwellings, Group R-3 and R-4
buildings and townhouses is amended to read as follows, with Table
B105.1(1) being deleted in its entirety:
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Item 27.
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6.Elevators shall not require an emergency identification number but
shall be identified on the emergency response map and labeled as
an elevator with a designation as (ELV).
Section 4. Section 9-3 of the Code of the City of Fort Collins is deleted in its
entirety.
Section 4Section 5. The City Attorney and the City Clerk are authorized to
modify the formatting and to make such other amendments to this Ordinance as
necessary to facilitate publication in the Fort Collins Municipal Code; provided, however,
that such modifications and amendments shall not change the substance of the Code
provisions.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on April 1, 2025.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Effective Date: April 11, 2025
Approving Attorney: Madelene Shehan
Page 356
Item 27.
File Attachments for Item:
28. Items Relating to City Charter Amendments.
This item has been amended to include an updated presentation to Council.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 063, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Articles II, IX, and X of the
City Charter to Correct Errors and Conform to Amendments Adopted in November 2024.
C. First Reading of Ordinance No. 064, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Articles II, IV and XIII of the
City Charter Related to Alignment with Amended or Further Developed Laws and Removing
Inconsistencies.
D. First Reading of Ordinance No. 065, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins A Proposed Charter Amendment Amending Articles II and IV of the City
Charter to Modernize Certain Provisions.
E. First Reading of Ordinance No. 066, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Article IV of the City Charter
Related to Conflicts of Interest.
F. First Reading of Ordinance No. 067, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending the City Charter to
Modernize and Update It by Reformatting and Updating Language Usage for Ease of Reading
and Clarity and Eliminating Inapplicable and Invalid Provisions.
G. First Reading of Ordinance No. 068, 2025, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Charter Amendment Amending Sections 1 and 18 of Article
II of the City Charter Related to Vacancies and Application of Term Limits to Partial Terms.
The purpose of these items is to set ballot language regarding proposed amendments resulting
from the Charter Update Project and submit them to the voters at the November 4, 2025,
election.
The ordinances do not include amendment numbers. The Council will establish the order of the
amendments to be presented on the ballot by motion during the April 15 Council meeting and
the ordinance titles will be adjusted based on the order.
Any protest of the proposed ballot language must be received no later than Monday, March 31,
2025, 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.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Carrie Daggett, City Attorney
Jenny Lopez Filkins, Senior Deputy City Attorney
SUBJECT
Items Relating to City Charter Amendments.
EXECUTIVE SUMMARY
This item has been amended to include an updated presentation to Council.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 063, 2025, Submitting to a Vote of the Registered Electors of the City
of Fort Collins a Proposed Charter Amendment Amending Articles II, IX, and X of the City Charter to Correct
Errors and Conform to Amendments Adopted in November 2024.
C. First Reading of Ordinance No. 064, 2025, Submitting to a Vote of the Registered Electors of the City
of Fort Collins a Proposed Charter Amendment Amending Articles II, IV and XIII of the City Charter Related
to Alignment with Amended or Further Developed Laws and Removing Inconsistencies.
D. First Reading of Ordinance No. 065, 2025, Submitting to a Vote of the Registered Electors of the City
of Fort Collins A Proposed Charter Amendment Amending Articles II and IV of the City Charter to
Modernize Certain Provisions.
E. First Reading of Ordinance No. 066, 2025, Submitting to a Vote of the Registered Electors of the City
of Fort Collins a Proposed Charter Amendment Amending Article IV of the City Charter Related to Conflicts
of Interest.
F. First Reading of Ordinance No. 067, 2025, Submitting to a Vote of the Registered Electors of the City
of Fort Collins a Proposed Charter Amendment Amending the City Charter to Modernize and Update It by
Reformatting and Updating Language Usage for Ease of Reading and Clarity and Eliminating Inapplicable
and Invalid Provisions.
G. First Reading of Ordinance No. 068, 2025, Submitting to a Vote of the Registered Electors of the City
of Fort Collins a Proposed Charter Amendment Amending Sections 1 and 18 of Article II of the City Charter
Related to Vacancies and Application of Term Limits to Partial Terms.
The purpose of these items is to set ballot language regarding proposed amendments resulting from the
Charter Update Project and submit them to the voters at the November 4, 2025, election.
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Item 28.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 5
The ordinances do not include amendment numbers. The Council will establish the order of the
amendments to be presented on the ballot by motion during the April 15 Council meeting and the ordinance
titles will be adjusted based on the order.
Any protest of the proposed ballot language must be received no later than Monday, March 31, 2025, 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 Ordinances on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins Charter is the governing document that defines the City organization and the
powers and functions of the City. The Charter can only be amended by a vote of the people and was first
created by a vote in 1954. Over time, Charter provisions may become obsolete, contradictory, or no longer
practicable or appropriate in light of 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 Ordinances, the
related charter amendments will be placed on the November 4, 2025, ballot.
On February 27, 2024, Council adopted eleven resolutions establishing 2024-2026 Council Priorities.
Among the adopted resolutions is Resolution 2024-024, Adopting a 2024-2026 Council Priority to
Modernize and Update the City Charter. The Resolution describes the Priority 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.
The Council further discussed this Priority at Work Sessions on May 14 and December 10, 2024,
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.
City legal staff continues to monitor for legal developments that impact Charter language and identify
changes that may be needed or beneficial. Staff from the City Attorney’s Office and the City Clerk’s
Office have been working with special legal counsel retained for this project, Geoff Wilson of the law firm
Wilson Williams Fellman Dittman LLP, to identify aspects of the City Charter to be modernized,
reconciled with statutory and other legal changes, simplified and revised for readability.
At the Council’s January 28, 2025, Work Session, staff requested Council feedback about specific
concepts and groupings of various Charter amendments as summarized below. Staff also sought
feedback about the number of ballot items to take to the voters and how Council desired to prioritize the
Charter amendments. During the Work Session, Council inquired about past proposed Charter
amendments that did not receive voter approval. In follow-up to that question staff noted that of 45
Charter amendment ballot questions posed since 1997, only 7 have failed.
The following were among the points noted after the Council’s January 28, 2025, Work Session:
Page 359
Item 28.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
There is interest in considering a single ballot question ordinance that makes amendments
throughout the Charter to reformat for ease of reading, replace outdated language, and eliminate
unclear uses of the term “shall.”
There is interest in considering ballot question ordinances that include corrections; alignment with
amended or further developed laws and removing inconsistencies; modernizing publication
requirements; and modernizing aspects of the conflicts of interest provision.
There is interest in considering revisions to remove language made unnecessary due to changes
in law or circumstances to one of the other ballot question ordinances.
After discussion about the various options related to Council meeting absences, a common theme
emerged that this process should be managed by Council action rather than proposing a Charter
amendment at this time. It may be a topic for future discussion.
In general, there was support for considering a Charter amendment about campaign contributions
that would narrow limits on employee campaign contributions to those who are confidential or
policy-level employees, consistent with State law, and would acknowledge that some
contributions are likely protected as political speech under the federal and State constitutions.
In general, there was support for considering a Charter amendment that shifts publication of
ordinances and legal notices to the City website and at City Hall, in place of formal legal notice
publication in the local newspaper.
Summary of Presented Amendments
The following are summaries of the amendments presented to Council with this agenda item:
Ordinance No. 063 (Correction of Errors):
Proposed revisions to Section 2(d) of Article II include requiring a registered elector who
would like to challenge the qualifications of a City Councilmember to notify the City Clerk
prior to seeking a court determination. This change removes inconsistency with a voter-
approved change made in 2024.
Revisions to Section 2(e)(1) of Article IX update language about counting votes in elections
to match the new ranked voting rules that were approved in November 2024.
Proposed revisions to Section 2(e)(1) of Article X increase the number of days for a signature
gatherer to circulate a petition with a citizen proposal from 63 days to 77 days. This would
correct the circulation period to the amount intended when the Initiative petition
process was updated in November 2024 and adds back time inadvertently eliminated.
Ordinance No. 064 (Alignment with Laws and Removing Inconsistencies):
Proposed revisions to Article II Section 8 regarding limits on Council campaign contributions
continue to prohibit a political party, public service corporations, and persons or entities with
city contracts from contributing to any City Council election, while recognizing that some free
speech is protected by the U.S. or Colorado constitution.
Proposed revisions to the definitions article of the Charter (Article XIII) specify which City
employees are prohibited from contributing to Council elections for consistency with State
law and correspond to changes in Article II.
Proposed revisions to Section 11 of Article II incorporate State law provisions regarding City
Council executive sessions.
Proposed revisions to Section 5 of Article IV clarify that City records are available for public
inspection and disclosure consistent with State open records laws.
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Item 28.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
Ordinance No. 065 (Modernize Certain Provisions):
Proposed revisions to Article IV, Section 7 update the City’s publication requirements to
more efficiently provide notice to the public on the City’s website, at City Hall and at other
locations as decided by City Council. This replaces the current requirement of publication
in a local newspaper.
Proposed revisions to Article II, Section 6 remove language entitling any Councilmember
to request that an entire ordinance be read in full at a Council meeting and make Section
6 easier to read and understand by adding subsections, subsection titles and better
organizing them.
Another proposed amendment adds a new section to Article VI that establishes a
computation of time provision that would apply to the entirety of the Charter. In 2024, the
voters approved essentially identical computation of time provisions in Articles VIII, IX, and
X. There is an advantage to having the language readily available in those articles
because questions regarding computation of time are likely to arise related to topics
covered in those articles.
Ordinance No. 066 (Conflicts of Interest):
Article IV, Section 9 is proposed to be amended to modernize both the language regarding
the sale of real property by a Councilmember or Mayor and prohibitions on staff renting or
leasing City property.
The amendments clarify that a Councilmember or the Mayor may sell their real property to
the City at fair market value if the City needs a particular property to carry out City purposes
or projects. The requirements that a conflict be declared, and that the City official abstain
from the decision about buying the property remain in place. Because real property is
unique, the absolute prohibition currently in the Charter can interfere with City projects that
need to move forward.
The amendment also allows a City employee to lease a property from the City with City
Manager approval for the City’s benefit and for purposes related to the employee’s job
duties.
Ordinance No. 067 (Modernize and Update Charter by Reformatting and Updating Language
for Ease of Reading and Clarity and Eliminating Inapplicable and Invalid Provisions):
Staff received Council feedback suggesting that making revisions and updates to Charter
language that promote ease of reading and clarity is needed.
The full Charter has been reformatted for readability, replacing outdated language for
gender neutrality and eliminating unclear uses of the term “shall,” and making the language
more inclusive by taking out words “he” and “she” and related word forms.
Proposed revisions also divide lengthy sections into subsections and add titles to
subsections making them easier to read and understand.
Other proposed changes include eliminating transitional provisions that address residency
requirements for City department heads appointed prior to March 6, 1985 (Section 3 of
Article IV); set a mill levy cap on Council’s adoption of taxes (Section 6 of Article IV), which
Council must now adopt only with voter approval; and provide for transition from the prior
Charter when the Charter was adopted (Article XIV).
Ordinance No. 068 (Procedures and Timelines for Filling a District Councilmember or Mayor
Vacancy and Related Term Limits):
Council provided feedback in support of Charter amendments to clarify procedure and
timeline related to filling a vacant City Council or Mayoral office. The Charter currently states
that a vacant seat must be on the ballot to elect a replacement if it’s not filled within 45 days
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before the election. However, the current timeframe for getting candidates on the ballot is
91 to 70 days before the election and the County must have all ballot material shortly after
that period. Staff had also identified process issues created by the provisions related to the
ripple effect of a vacancy in the office of Mayor, and the setting of a definite swearing in date
in January, nine weeks after the election.
These changes update the process for filling a vacant Council or Mayoral office and to
clarify how existing term limits apply to partial terms to fill a vacancy.
The new provision requires the Council to appoint a replacement to fill a District
Councilmember vacancy within 40 business days (currently 45 calendar days), unless
there are fewer than 98 days (14 weeks) left in the term that was vacated, or unless the
vacancy comes up so close to an election that it’s too late for the voters to elect a
replacement (in which case the newly seated Council will fill the vacancy after it takes
office); and
It continues the requirement that if the Mayor office is vacated, the Mayor Pro Tem
becomes the Acting Mayor; and
It requires that if the Acting Mayor will be in that role for 98 days (14 weeks) or more,
the Council will appoint a replacement District Councilmember to serve in the Acting
Mayor’s District seat while the Acting Mayor is Acting Mayor; and
It establishes that when a member of Council is elected or appointed to fill a vacancy
and serves in that office for at least half of the term of office, that service will count as a
full term when applying the applicable term limits (which are currently the term limits
provided in the Colorado constitution).
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
This item has not been presented to any boards, commissions or Council committees.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance A for Consideration
2. Ordinance B for Consideration
3. Ordinance C for Consideration
4. Ordinance D for Consideration
5. Ordinance E for Consideration
6. Ordinance F for Consideration
7. Exhibit A to Ordinance E
8. Proposed Ballot Questions, Consolidated for Reference
9. Presentation
Page 362
Item 28.
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ORDINANCE NO. 063, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING ARTICLES II, IX, AND X OF THE CITY
CHARTER TO CORRECT ERRORS AND CONFORM TO
AMENDMENTS ADOPTED IN NOVEMBER 2024
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. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. City staff has worked to identify and develop options for spec ific Charter
language to be updated and modernized.
F. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G. City staff presented various options, including the possible groupings of
amendments, to City Council at work sessions held on December 10, 2024, and January
28, 2025.
H. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering an ordinance that will pose a ballot question
that will correct and align Charter with the November 2024 Charter revisions.
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Item 28.
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I. Proposed revisions to Section 2(d) of Article II include requiring a registered
elector who would like to challenge the qualifications of a City Councilmember to notify
the City Clerk prior to seeking a court determination.
J. Proposed revisions to Section 2(e)(1) of Article IX update language about
counting votes in elections to match the new ranked voting rules that were approved in
November 2024.
K. Proposed revisions to Section 2(e)(1) of Article X increase the number of
days for a signature gatherer to circulate a petition with a citizen proposal from 63 days
to 77 days.
L. If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
M. The Council finds that these proposed revisions to Articles II, IX, and X of
the City Charter, regarding correcting errors created by, or correcting language to be in
conformance with, the November 2024 Charter amendments are for the benefit of the
people of Fort Collins, and the Council desires to present the amendments to Articles II,
IX, and X set forth below to the voters for approval at the November 4, 2025, 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 Articles II, IX, and X, of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4, 2025:
ARTICLE II. CITY COUNCIL
. . .
Section 2. Qualifications of candidates and members; challenges.
. . .
(d) Any registered elector maymust file notice with the City Clerk a written protest
challenging the qualifications of any member of the Council prior to seeking a court
determination. Any such protest shall be resolved by the City Clerk as expeditiously
as possible but no more than forty-five (45) days from the date of filing of the
protest, pursuant to a procedure established by the Council by ordinance. In order
to resolve such protests, the City Clerk shall have the power to subpoena
witnesses, administer oaths, and require the production of evidence. No protest
shall be filed prior to the date of appointment or the date of issuance of the
certificate of election of a Councilmember, whichever is applicable, nor shall any
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such protest, other than a protest based upon the fact of a felony conviction, be
filed more than fifteen (15) days after said date.
. . .
ARTICLE IX. RECALL
. . .
Section 2. Petitions.
. . .
(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 first choice 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.
. . .
ARTICLE X. INITIATIVE AND REFERENDUM
. . .
Section 2. Petitions.
. . .
(e) Petition deadlines and submittal.
(1) To be valid, the initiative petition must be filed no more than sixty-three (63)
seventy-seven (77) days after the City Clerk's approval of the form for
circulation.
. . .
Section 2. That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
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Item 28.
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CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.__
Shall Articles II, IX, and X of the Charter of the City of Fort Collins, be amended
to correct errors and eliminate outdated or unnecessary language in light of the
Charter amendments adopted in November 2024, by:
Clarifying in Section 2(d) of Article II that a registered elector must notify the City
Clerk before seeking a court determination to challenge the qualifications of any
member of the Council; and
Updating language in Section 2(e)(1) of Article IX about determining the number
of votes cast in a specific race to work with the new ranked voting rules that were
approved in November 2024; and
Changing language in Section 2(e)(1) of Article X to restore the number of days
for a signature gatherer to circulate an initiative petition by increasing it from 63
days to 77 days?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Carrie Daggett
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Item 28.
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ORDINANCE NO. 064, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING ARTICLES II, IV AND XIII OF THE
CITY CHARTER RELATED TO ALIGNMENT WITH AMENDED OR
FURTHER DEVELOPED LAWS AND REMOVING
INCONSISTENCIES
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. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G. City staff presented various options, including the possible groupings of
amendments, to City Council at work sessions held on December 10, 2024, and January
28, 2025.
H. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering an ordinance that pose s a ballot question that
will align the Charter language with amended or further developed laws, helping to
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Item 28.
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minimize the need to update the Charter with future legal developments, and remove
inconsistencies to avoid confusing the public.
I. Proposed revisions to Article II Section 8 regarding limits on Council
campaign contributions continue to prohibit a political party, public service corporations,
and persons or entities with city contracts from contributing to any City Council election,
while recognizing that some political speech is protected by the U.S. or Colorado
constitution.
J. Proposed revisions to the definitions article of the Charter (Article XIII)
specify which City employees are prohibited from contributing to Council elections for
consistency with state law and correspond to changes in Article II.
K. Proposed revisions to Section 11 of Article II incorporate state law provisions
regarding City Council executive sessions.
L. Proposed revisions to Section 5 of Article IV clarify that City records are
available for public inspection and disclosure consistent with state open records laws.
M. If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
N. The Council finds that these proposed revisions to Articles II, IV, and XIII of
the City Charter, regarding changes to the Charter that will align it with amended or further
developed laws, removing inconsistencies and minimizing the need for future Charter
updates, are for the benefit of the people of Fort Collins, and the Council desires to
present the amendments to Articles II, IV, and XIII, set forth below to the voters for
approval at the November 4, 2025, 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 Articles II, IV and XIII of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4, 2025:
ARTICLE II. CITY COUNCIL
. . .
Section 8. Campaign contributions.
(a) Council to set limits. 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.
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Item 28.
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(b) Employee contributions. It is unlawful for any confidential or policy-level employees
of the city to contribute or expend any money or other valuable thing, directly or
indirectly, to assist in the election or defeat of any Council candidate.
(c) Other contributions. No It is unlawful for any 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 a
contract with the city to may contribute or expend any money or other valuable thing,
directly or indirectly, to assist in the election or defeat of any Council candidate,
except to the extent protected as free speech under the Constitution of the United
States or the Constitution of the state of Colorado.
. . .
Section 11. Meetings, quorum, executive session.
. . .
By two-thirds (2/3) vote of those present and voting, the Council may go into executive
session, which shall be closed to the public. Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific legal questions
involving litigation or potential litigation and/or the manner in which particular
policies, practices or regulations of the city may be affected by existing or
proposed provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the city; or
(4) consider electric utility matters if such matters pertain to issues of competition
in the electric utility industry.; or
(5) discuss and consider any other matter authorized by the Colorado Open
Meetings Law, Section 24-6-401, Colorado Revised Statutes, as amended.
. . .
ARTICLE IV. GENERAL PROVISIONS
. . .
Section 5. Records to be public.
All cCity records shall be available for public inspection, as required and permitted by
Colorado law. subject only to reasonable restrictions. Upon payment of a reasonable
fee, a copy or a certified copy of any city record shall be furnished by the custodian
thereof. A certified copy of any city record shall be prima facie evidence of its contents.
. . .
ARTICLE XIII. DEFINITIONS.
Certain words and phrases used in this Charter are hereby declared to have the
following meanings:
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. . .
“Confidential employee" means a public employee required to develop or present
management positions with respect to employer-employee relations, or whose duties
normally require access to confidential information, or to contribute significantly to
decision-making on management positions.
. . .
“Policy level employee" means a public employee with significant decision-making
responsibilities to formulate policies or programs, or administer a service area or
department.
. . .
Section 2. That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.__
Shall Articles II, IV, XIII of the Charter of the City of Fort Collins be amended to
improve consistency with amended or further developed laws and removing
inconsistencies, in order to minimize conflicts between the Charter legal
developments, by:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to
Council elections for consistency with state law;
o Continue to prohibit a political party, public service corporations,
and persons or entities with city contracts from contributing to any
City Council election, while recognizing that some speech is
protected by the U.S. or Colorado constitution;
Adding definitions to Article XIII to correspond to the changes to Article II; and
Adding language to Section 11 of Article II incorporating state law provisions
regarding City Council executive sessions; and
Clarifying language in Section 5 of Article IV that City records are available for
public inspection and disclosure consistent with state open records laws?
______ Yes/For
______ No/Against
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Introduced, considered favorably on first reading on April 1, 2025, and approved on
second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Carrie Daggett
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ORDINANCE NO. 065, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING ARTICLES II AND IV OF THE CITY
CHARTER TO MODERNIZE CERTAIN PROVISIONS
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. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-024 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. City staff has worked to identify and develop options for sp ecific Charter
language to be updated and modernized.
F. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G. City staff presented various options, including the possible groupings of
amendments, to City Council at work sessions held on December 10, 2024, and January
28, 2025.
H. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering an ordinance that updates the publication
requirements in the Code and eliminates language in the Charter that gives a
Councilmember the option to request that an ordinance be read in full during a Council
meeting. Council also gave positive feedback to staff about updating formatting of the
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Charter language about adopting ordinances, resolutions and motions to improve ease
of reading.
I. The proposed amendments to Section 6 of Article II remove the option for a
City Councilmember to request that an entire ordinance be read aloud at a City Counc il
meeting and make requirements for adopting ordinances, resolutions and motions easier
to read by adding subsections, subsection titles and better organizing them.
J. The proposed amendments to Section 7 of Article II add a way to correct the
effect of late publication of an ordinance if publication is completed within a reasonable
time. Late publication delays the effective date of the ordinance and tolls the deadline to
file a notice of referendum protest. Currently, publication errors or delays result in a
complete restart of the adopted ordinance, which is wasteful and unnecessary.
K. The proposed amendments to Section 7 of Article IV modernize the
publication requirements to eliminate formal legal publication in a local newspaper and
instead require publication of information on the City’s website and posted at City Hall
and other locations decided by City Council.
L. On November 4, 2024, City voters approved amendments to the City Charter
that added a section about computation of time to Articles VIII, IX and X of the Charter,
regarding Elections, Recall and Initiative and Referendum, respectively. This amendment
adds provisions about computation of time to the General Provisions of the Charter and,
if approved, would apply to computation of time throughout the Charter.
M. Proposed revisions add a new Section 17 to Article IV about computation of
time to clarify how deadlines are interpreted throughout the Charter.
N. If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
O. The Council finds that these proposed revisions to Articles II and IV of the
City Charter, removing language that allows a Councilmember to request that an
ordinance be read in full at a Council meeting and reformatting language about adopting
ordinances for ease of reading, about modernizing the publication requirements to ensure
more efficient notice to the public and clarifying the rules for computation of time in
applying deadlines in the Charter, are for the benefit of the people of Fort Collins, and the
Council desires to present the amendments to Articles II and IV, set forth below to the
voters for approval at the November 4, 2025, 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 following proposed changes to Articles II and IV of the
Charter of the City of Fort Collins shall be submitted to the registered electors of the City
as a Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4, 2025:
ARTICLE II. CITY COUNCIL
. . .
Section 6. Ordinances, resolutions and motions.
(a) Council action. The Council shall act by ordinance, resolution, or motion. The ayes
and nays shall be recorded on the passage of all ordinances, resolutions, and motions.
Every Councilmember present shall vote; if a member fails to vote when present, he or
she shall be recorded as voting in the affirmative.
(b) Ordinance required. All legislative enactments and every act creating, altering, or
abolishing any agency or office, fixing compensation, making an appropriation,
authorizing the borrowing of money, levying a tax, establishing any rule or regulation for
the violation of which a penalty is imposed, or placing any burden upon or limiting the
use of private property, shall be by ordinance, which shall not be so altered or amended
on the final passage as to change the original purpose.
(c) Single subject. All ordinances, except the annual appropriation ordinance and any
ordinance making a general codification of ordinances, shall be confined to one (1)
subject which shall be clearly expressed in the title.
(d) Introduction and passage of ordinances All ordinances shall be formally introduced
at a regular or special Council meeting in written or printed form by any member of the
Council and considered on first reading and action taken thereon. No ordinance, except
an emergency ordinance, shall be finally p assed on the first reading or at the meeting at
which it is first introduced. An emergency ordinance may be formally introduced at a
special Council meeting and action taken thereon, including final passage at such
special meeting. Reading of an ordinance shall consist only of reading the title thereof,
provided that copies of the full ordinance proposed shall have been available for
inspection and copying by the general public in the office of the City Clerk and posted
on the city website at least forty-eight (48) hours prior to the time such ordinance is
introduced for each member of considered by the City Council, and for inspection and
copying by the general public. Final passage of all ordinances except emergency
ordinances shall be at a regular Council meeting. and provided further that any member
of the City Council may request that an ordinance be read in full at any reading of the
same, in which case such ordinance shall be read in full at such reading.
(e) Emergency ordinances. An emergency ordinance may be formally introduced at a
special Council meeting and action taken thereon, including final passage at such
special meeting. Final passage of all ordinances except emergency ordinances shall be
at a regular Council meeting. Emergency ordinances shall require for passage the
affirmative vote of at least five (5) members of the Council and shall contain a specific
statement of the nature of the emergency. No ordinance granting any franchise or
special privilege which involves a benefit to any private person or entity shall ever be
passed as an emergency ordinance.
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(f) Ordinance enacting clause. The enacting clause of all ordinances passed by the
Council shall be as follows: "Be it ordained by the Council of the City of Fort Collins."
. . .
Section 7. Ordinances, publication and effective date.
(a) Publication. Every proposed ordinance, except an emergency ordinance, shall will
be published in full at least seven (7) days before its final passage on the city's official
internet web site. In addition, each such ordinance shall will be published in a
newspaper of general circulation in the city by number and title only, together with a
statement that the full text is available for public inspection and acquisition in the office
of the City Clerk and on the city's internet web site.
(b) Notices. Both publications shall will contain a notice of the date when said proposed
ordinance will be presented for final passage. The City Clerk shall will, within seven (7)
days after final passage of any such ordinance, publish such ordinance in the same
method as is required for the first publication.
(c) Effective Date. All ordinances, except emergency ordinances, shall will take effect on
the tenth day following their passage. An emergency ordinance shall will take effect
upon passage and shall will be published as provided above within seven (7) days
thereof.
(d) Effect of Late Publication. Failure to timely publish an ordinance before final passage
may be cured by publication after final passage , so long as other notice requirements
for consideration of the ordinance have been met. A late publication after final passage
may be cured if publication is completed within a reasonable time. An ordinance
published after final passage will not go into effect until publication requirements are
met. Late publication will toll the deadline to file a notice of referendum protest to the
amount of time after publication consistent with a timely published ordinance.
(e) Form. Standard codes and codifications of ordinances of the city may be published
by title and reference in whole or in part. Ordinances shall must be signed by the Mayor,
attested by the City Clerk and published without further certification.
(f) Public Hearings. The Council may enact any ordinance which adopts any code by
reference in whole or in part provided that before adoption of such ordinance the
Council shall will hold a public hearing thereon and notice of the hearing shall must be
published twice in the newspaper of general circulation, published in the city, one (1) of
such publications to be at least eight (8) days preceding the hearing and the other at
least fifteen (15) days preceding the hearing. Such notice shall must state the time and
place of the hearing and shall must also state that copies of the code to be adopted are
on file with the City Clerk and open to public inspection. The notice shall must also
contain a description which the Council deems sufficient to give notice to persons
interested as to the subject matter of such code and the name and address of the
agency by which it has been promulgated. The ordinance adopting any such code shall
must set forth in full any penalty clause in connection with such code.
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Item 28.
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. . .
ARTICLE IV. GENERAL PROVISIONS
. . .
Section 7. Publication.
Whenever legal notice or other publication is required by this Charter, or by ordinance,
rule, or regulation, such notice shall be published on the city’s website and posted at
City Hall, and at other locations as decided by City Council,at least once in a local
newspaper of general circulation in the city, which is devoted to dissemination of news
of a general character, unless a different form of notice is specified in this Charter or in
the ordinance, rule, or regulation requiring the notice.
. . .
Section 17. Computation of time.
(a) Calendar days unless specified. Except when business days are specified, all
computations of time made under the provisions of this Charter will be based on calendar
days.
(b) Included days. 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 Satur day,
Sunday, or City holiday.
(c) Business days. If the time for an act to be done under this Charter 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) Specific considerations. In relation to election requirements only, 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 th at 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) Time of day. Except when otherwise specified, an act must be completed by 5:00
p.m. Mountain time on the last day for that action.
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Section 2. That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.__
Shall Articles II and IV of the Charter of the City of Fort Collins, be amended to
modernize publication requirements and requirements for adopting ordinances, by:
Revising Section 6 of Article II about adopting ordinances, resolutions, and
motions to:
o Make the provision easier to read and understand by adding
subsections, subsection titles and better organizing them;
o Remove language entitling any Councilmember to request that
an entire ordinance be read aloud at a Council meeting; and
Revising Section 7 of Article II about publication and effective date of
ordinances to:
o Allow an ordinance to proceed to adoption if publication of the
ordinance before adoption was not timely, so long as all other
notice requirements have been met; and.
o Cure late publication of ordinance after final passage if
publication completed within a reasonable period of time; and
o Delay the effective date of the ordinance until publication
requirements are met; and
o Toll the deadline to file a notice of referendum protest; and
Revising Section 7 of Article IV to require notice be published on the City’s
website and posted at City Hall, instead of publishing formal legal notices in a
local newspaper; and
Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins
about how to apply deadlines throughout the Charter in the manner already
enacted for Articles VIII, IX and X?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
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Item 28.
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______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Carrie Daggett
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Item 28.
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ORDINANCE NO. 066, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING ARTICLE IV OF THE CITY CHARTER
RELATED TO CONFLICTS OF INTEREST
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. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. City staff has worked to identify and develop options for specific Charter
language to be updated and modernized.
F. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
G. City staff presented various options, including the possible groupings of
amendments, to City Council at work sessions held on December 10, 2024, and January
28, 2025.
H. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering an ordinance that modernizes conflicts of
interest language to allow a Councilmember to sell real property to the City for reasons
beneficial to the City, if certain limitations about declaring a conflict and refraining from
involvement in the City decision remain in place.
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Item 28.
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I. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering an ordinance that modernizes conf licts of
interest language to allow an employee to lease real property with City Manager approval
for reasons beneficial to the City and related to the employee’s job duties.
J. The proposed amendments to Section 9(b)(1) of Article IV allow a
Councilmember or Mayor to sell real property at real market value to the City if it’s needed
for a City project or public purpose and provided certain limitations about declaring a
conflict and refraining from involvement in the City decision remain in place. The City may
need to buy specific real property for important public purposes and the Charter currently
prohibits any Councilmember from selling property or services to the City with no
exceptions.
K. The proposed amendments to Section 9(b)(2) of Article IV allow a City
employee to rent property from the City if it is leased to the employee with the City
Manager’s approval and related to the employee’s job duties.
L. If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
M. The Council finds that these proposed revisions to Articles IV of the City
Charter, regarding modernizing the conflicts of interest language to allow City officers to
sell real property to the City in certain circumstances and allow employees to lease
property from the City with City Manager approval, are for the benefit of the people of Fort
Collins, and the Council desires to present the amendments to Article IV, set forth below
to the voters for approval at the November 4, 2025, 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 IV of the Charter of
the City of Fort Collins shall be submitted to the registered electors of the City as a
Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4, 2025:
ARTICLE IV. GENERAL PROVISIONS
. . .
Section 9. Conflicts of interest.
. . .
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city.
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Item 28.
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a. Except as provided in subsection b, Nno officer or employee, or relative of
such officer or employee, shall have a financial interest in the sale to the city of
any real or personal property, equipment, material, supplies or services, except
personal services provided to the city as an officer or employee, if:
ai. such officer or employee is a member of the Council;
bii. such officer or employee exercises, directly or indirectly, any decision-
making authority on behalf of the city concerning such sale; or
ciii. in the case of services, such officer or employee exercises any
supervisory authority in his or her role as a city officer or employee
over the services to be rendered to the city.
b. Exceptions to this prohibition include:
(i) personal services provided to the city as an officer or employee; and
(ii) the sale of real property at fair market value by a Councilmember or
Mayor to the city in the event the city needs a particular real property to
carry out city purposes or projects.
(2) Purchases from the city. No officer, employee or relative shall, directly or
indirectly, purchase any real or personal property from the city, except :
a. such property as is offered for sale at an established price, and not by bid or
auction, on the same terms and conditions as to all members of the general
public; or.
b. such property as is leased to an employee with City Manager approval for
the city’s benefit and for purposes related to the employee’s job duties.
. . .
Section 2. That the following ballot title and submission clause are hereby
adopted for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.__
Shall Section 9 of Article IV of the Charter of the City of Fort Collins, regarding
conflicts of interest, be amended to:
Allow City Councilmembers or the Mayor to sell real property to the city if the
property is needed for a city project or public use, while retaining all
requirements for disclosure and refraining from involvement that otherwise
apply in the case of a conflict of interest; and
Allow City employees to rent property from the city with City Manager approval,
if it is for the city’s benefit and related to the employee’s performance of their
job?
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Item 28.
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______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Carrie Daggett
Page 382
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ORDINANCE NO. 067, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING THE CITY CHARTER TO
MODERNIZE AND UPDATE IT BY REFORMATTING AND
UPDATING LANGUAGE USAGE FOR EASE OF READING AND
CLARITY AND ELIMINATING INAPPLICABLE AND INVALID
PROVISIONS
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. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. City staff has worked to identify and develop options for spe cific Charter
language to be updated and modernized.
F. City staff presented various options, including the possible groupings of
amendments, to City Council at work sessions held on May 14 and December 10,
2024.and January 28, 2025.
G. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
H. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering an ordinance that forwards a Charter
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Item 28.
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amendment to modernize and update the formatting and non-substantive wording in
entire Charter.
I. At its January 28, 2025, work session, the Council provided positive
feedback to staff in support of considering a Charter amendment to eliminate Charter
language that is made unnecessary due to changes in law or circumstances.
J. Numerous other Charter amendments will be presented to City voters in the
municipal election to take place on November 4, 2025. These modernizing changes are
not intended to undo any substantive Charter amendments approved by the voters at the
Tuesday, November 4, 2025, municipal election.
K. The proposed amendments to Section 3 of Article IV of the City Charter
delete the reference to a City department head appointed prior to March 6, 1985, because
there is no City employee this residence requirement applies to.
L. The proposed amendments to Section 6 of Article V of the City Charter
remove unnecessary language about the highest allowable tax rate because the h ighest
rate is now set by state law.
M. The proposed deletion of Article XIV regarding transitional provisions
eliminates Charter language that applied only on an interim basis after prior Charter
revisions.
N. If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
O. The Council finds that these proposed revisions to the City Charter,
modernizing and updating the City Charter form and language, for ease of reading and
clarity, and deleting outdated or invalid provisions in Articles VI, V and XIV, are for the
benefit of the people of Fort Collins, and the Council desires to present the amendments
to the City Charter, set forth below to the voters for approval at the November 4, 2025,
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 proposed changes to modernize and update the formatting
and language of the Charter of the City of Fort Collins shall be submitted to the registered
electors of the City as a Proposed Charter Amendment at the municipal election to be
held on Tuesday, November 5, 2025. The changes are included in the version of the
Charter attached as Exhibit A to this ordinance and incorporated herein by reference,
which include (but are not limited to) the following changes to Articles IV, V, and XIV:
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Item 28.
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ARTICLE IV. GENERAL PROVISIONS
. . .
Section 3. Residency requirement.
Directors of a city service area or a group of city service areas, deputy city managers,
and assistant city managers shall reside within the Fort Collins Urban Growth Area
during their tenure in office, but need not reside within the Fort Collins Urban Growth
Area prior to their appointment. City department heads may live outside the Urban
Growth Area during their tenure in office, but only if their places of residence are within
five miles of the city limits, as measured by a straight line connecting the parcel of
property upon which the residence is situated to the nearest boundary line of the city.
City department heads appointed prior to March 6, 1985, shall not be subject to this
residency requirement.
. . .
ARTICLE V. FINANCE ADMINISTRATION
. . .
Section 6. Maximum mill levy.
The mill levy shall not exceed fifteen (15) mills on each dollar of assessed valuation of
taxable property within the city for all purposes. Any mill levy in excess of the fifteen (15)
mills aforesaid shall be absolutely void as to the excess and it shall be unlawful for the
Assessor to extend and for the Treasurer to collect any such excess.
. . .
ARTICLE XIV. TRANSITIONAL PROVISIONS
Section 1. Purpose and status of this article.
The purpose of this Article is to provide an orderly transition from the Commission form
of government of the city to the Council-Manager form of government under provisions
of this Charter and to prevent the impairment of any contractual relationships bet ween
the city and the beneficiaries of any retirement plans of the city in effect on the effective
date of this Charter or the owners of any municipal bonds of the city then outstanding.
This Article shall constitute a part of the Charter only to the extent and for the time
required to accomplish that purpose.
Section 2. Transitional period.
The period from the effective date of this Charter to April 12, 1955, shall be known as
the transitional period. During the transitional period the former Charter of the City shall
remain in effect, except that for the purpose of nominating and electing members of the
Council, or filling vacancies thereon, Article VIII of this Charter shall be immediately
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operative. This Charter shall be fully operative at the close of the transitional period.
Section 3. Retirement plans.
This Charter shall not affect any contractual relationships existing on the effective date
of this Charter between the city and any officers or employees by reason of any
retirement plans then in effect.
Section 4. Outstanding and authorized bonds.
The provisions of this Charter shall not affect municipal bonds outstanding on the
effective date of this Charter. Failure to observe requirements of the former Charter, as
amended, governing city elections shall not invalidate any bonds authorized at any
election held prior to the effective date of this Charter. Bonds authorized at an election
held prior to the effective date of this Charter may be issued in accordance with the
provisions of this Charter and when so issued shall be the lawful and binding obligations
of the city in accordance with their import.
Section 5. Saving clause.
This Charter shall not affect any suit pending in any court on the effective date of its
adoption. Nothing in this Charter shall invalidate any existing contracts between th e city
and individuals, corporations, or public agencies.
Section 2. That the following ballot title and submission clause are hereby adopted
for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO.__
Shall the Charter of the City of Fort Collins be amended to modernize and
update it by reformatting and updating language usage for ease of reading and
clarity, and eliminating inapplicable and invalid provisions, without undoing any
substantive Charter amendments approved by the voters at the Tuesday,
November 4, 2025, municipal election, by:
Changing the words "shall" to "will," "must" or “may,” or other words to improve
clarity; and
Making the language more inclusive by taking out words "he” and “she” and
related word forms; and
Dividing sections into subsections and adding titles to subsections to make
them easier to read and understand; and
Eliminating transitional provisions that
o Address residency requirements for City department heads
appointed prior to March 6, 1985 (Section 3 of Article IV); and
o Set a mill levy cap on Council’s adoption of taxes (Section 6 of
Article IV), which Council must now adopt only with voter approval;
and
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o Provide for transition from the prior Charter when the Charter was
adopted (Article XIV); and
Renumbering and updating section cross-references throughout the Charter?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Carrie Daggett
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EXHIBIT A TO ORDINANCE NO. 067, 2025
FORT COLLINS CHARTER
PREAMBLE
We, the people of Fort Collins, Colorado, under the authority of the Constitution of the State of Colorado, do
ordain, establish and adopt this Charter for our municipal government.
ARTICLE I. FORM OF GOVERNMENT, POWERS, SEAL
Section 1. Name, boundaries.
The citizens of Fort Collins, in the County of Larimer, State of Colorado, within the boundaries of the municipal
corporation as now established and heretofore existing under the name of Fort Collins, or as hereafter established
in the manner provided by law, shall will continue to constitute a body corporate and politic in perpetual
succession, under the name of the City of Fort Collins, as a home-rule municipal corporation under Article XX of the
Constitution of the State of Colorado. The official seal for the city shall will consist of the word "SEAL" surrounded
by the words "City of Fort Collins, Colorado."
Section 2. Form of government.
(a) Form. The municipal government provided by this Charter shall be known as is the "Council Manager
government."
(b) Powers. Pursuant to its provisions and subject only to the limitations and exceptions imposed by the state
Constitution and by this Charter, all powers of the city shall will be vested in an elective Council, hereinafter
referred to as "the Council." All powers of the City of Fort Collins shall will be exercised in the manner prescribed
by this Charter or, if the manner be not therein prescribed, then in such manner as may be prescribed by
ordinance.
Section 3. Succession to rights and liabilities.
The municipal corporation, the City of Fort Collins, shall will continue to own, possess and hold all the real and
personal property heretofore owned, possessed, or held by the city, and shall will continue to manage and dispose
of all trusts in connection therewith and succeed to all the rights, benefits, and liabilities of the city.
Section 4. Powers of city.
The city shall have has all the powers granted to municipal corporations and to cities by the Constitution and
general laws of this state, together with all the implied powers necessary to carry into execution all the powers
granted. The enumeration of particular powers by this Charter shall will not be deemed to be exclusive, and in
addition to the powers enumerated or implied, or appropriate to the exercise of such powers, it is intended that
the city shall will have and may exercise all powers of local self-government which, under the Constitution of this
state, it would be competent for this Charter specifically to enumerate.
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ARTICLE II. CITY COUNCIL
Section 1. Membership; terms.
(a) Composition of Council. The Council shall will consist of seven (7) members, including a Mayor and Mayor Pro
Tem, elected as provided in this Article.
(b) Method of election. The Mayor shall will be nominated and elected from the city at large. The remaining six
(6) members shall will be nominated and elected by Districts. The election of District Councilmembers shall
will alternate between the election of representatives for Council Districts 1, 3 and 5 and the election of
representatives for Council Districts 2, 4 and 6.
(c) Council district boundaries. The city shall will be divided into six (6) contiguous, reasonably compact districts,
each of which shall will consist of contiguous, undivided general election precincts and, to the extent
reasonably possible, an equal number of inhabitants. The districts shall will be numbered consecutively in a
clockwise fashion beginning with the northeast district, which shall will be District 1. The Council shall will
establish by ordinance the process for adjusting district boundaries and giving notice of any proposed
boundary changes, and the manner of protesting such proposed changes.
(d) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d) of Article IX, the term of
office of the Mayor shall will be two (2) years, and the term of office of all other members of the Council shall
will be four (4) years each; provided, however, that all such officers shall will serve until their successors have
been elected and have taken office. The terms of the Mayor and other members of the Council shall will
begin when they take the oath of office, which shall will occur as the first order of business at a special
Council meeting on the second Tuesday of January next after the election, or, if appointed, the first regular
or special Council meeting following their appointment.
Section 2. Qualifications of candidates and members; challenges.
(a) An individual shall be is eligible to be a candidate for the office of Councilmember if at the time of the
election he or she is they are a citizen of the United States; is at least twenty-one (21) years of age; has have
been for one (1) year immediately preceding such election an elector of the city; and, in the case of a District
Councilmember, has have continuously resided in the District from which he or she is they are to be elected
since the date of accepting any nomination for election under Article VIII, Section 3, of this Charter.
(b) No person prohibited by the Colorado constitution from ser ving in public office in Colorado shall be is eligible
to be a candidate for, or hold, the office of Councilmember.
(c) No person shall be is eligible to stand for election to more than one (1) elective office at any single municipal
election. During a term of office, no member of the Council shall may be an employee of the city or hold any
other elective public office. No person shall may be elected or appointed to any city office, position or
employment for which the compensation was increased or fixed b y the Council while such person was a
member thereof until after expiration of one (1) year from the date when such person ceased to be a
member of the Council.
(d) Any registered elector may file with the City Clerk a written protest challenging the qualifications of any
member of the Council. Any such protest shallwill be resolved by the City Clerk as expeditiously as possible
but no more than forty-five (45) days from the date of filing of the protest, pursuant to a procedure
established by the Council by ordinance. In order to resolve such protests, the City Clerk shall have has the
power to subpoena witnesses, administer oaths, and require the production of evidence. No protest may
shall be filed prior to the date of appointment or the date of issuance of the certificate of election of a
Councilmember, whichever is applicable, nor shall may any such protest, other than a protest based upon
the fact of a felony conviction, be filed more than fifteen (15) days after said date.
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(e) The fact that a Councilmember may be determined to have lacked any qualification for the office of
Councilmember during all or any portion of his or her their term of office shall does not affect the validity of
any action taken by the Council during such Councilmember's term of office.
Section 3. Compensation of members.
(a) Applicable income statistical area. For the purpose of this Section, Area Median Income shall will mean Area
Median Income for a single-person household for the Fort Collins/Loveland Metropolitan Statistical Area, as
determined and adjusted annually by the U.S. Department of Housing and Urban Development.
(b) Compensation. Commencing in 2023, compensation for members of the City Council shall will be paid
biweekly and adjusted annually as follows:
(1) For the Mayor: seventy-five percent (75%) of Area Median Income.
(2) For the Mayor Pro Tem: sixty percent (60%) of Area Median Income.
(3) For all other Councilmembers: fifty percent (50%) of Area Median Income.
(c) Benefits. Although members of City Council are generally not considered City employees, compensation for
service on City Council shall will include the option to participate in the City organization's healthcare-related
benefits, on the same terms those benefits are available to City employees.
Section 4. Organization.
(a) Mayoral duties. The Mayor shall will preside at meetings of the Council and shall will be recognized as head of
the city government for all ceremonial purposes and by the Governor of the state for purposes of military law. The
Mayor shall must execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor
shall will also perform such other duties as may be provided by ordinance which are not inconsistent with the
provisions of this Charter.
(b) Mayor Pro Tem. At the special meeting at which newly-elected officers take their oath of office as described in
Section 2(d) of this Article, the Council shall will elect a Mayor Pro Tem for a two (2) year term from among the
members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the
position of Mayor, the Mayor Pro Tem shall will become Mayor as provided in Section 18(b) below.
(c) Mayor Pro Tem vacancy. If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or
otherwise, the Council shallwill at the first regular or special meeting after the occurrence of such vacancy elect a
new Mayor Pro Tem to serve for the remainder of the vacated term.
Section 5. Powers.
All powers of the city and the determination of all matters of policy shall will be vested in the Council except as
otherwise provided by this Charter. Without limitation of the foregoing, the Council shall will have power to:
(a) appoint and remove the City Manager;
(b) establish, change, consolidate or abolish administrativ e offices, service areas or agencies by ordinance, upon
report and recommendation of the City Manager, so long as the administrative functions and public services
established by this Charter are not abolished in any such reorganization. The city shall must provide for all
essential administrative functions and public services, including, but not limited to the following:
(1) fire suppression and prevention;
(2) police services;
(3) finance and recordkeeping;
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(4) electric utility services;
(5) water supply and wastewater services;
(6) street maintenance;
(7) storm drainage;
(8) planning and zoning.
(c) adopt the budget of the city;
(d) authorize the issuance of bonds by ordinance as provided by this Charter;
(e) inquire into and investigate any office, service area, or agency of the city and the official acts of any officer or
employee thereof, and to compel by subpoena attendance and testimony of witnesses and production of
books and documents;
(f) adopt plats;
(g) adopt and modify the official map of the city;
(h) provide for independent audits of all funds and accounts of the city.
Section 6. Ordinances, resolutions, motions.
(a) Council action. The Council shall must act by ordinance, resolution, or motion. The ayes and nays shall will be
recorded on the passage of all ordinances, resolutions, and motions. Every Councilmember present shall must
vote; if a member fails to vote when present, he or she shall will be recorded as voting in the affirmative.
(b) Ordinance required. All legislative enactments and every act creating, altering, or abolishing any agency or
office, fixing compensation, making an appropriation, authorizing the borrowing of money, levying a ta x,
establishing any rule or regulation for the violation of which a penalty is imposed, or placing any burden upon or
limiting the use of private property, shall must be by ordinance, which shall must not be so altered or amended on
the final passage as to change the original purpose.
(c) Single subject. All ordinances, except the annual appropriation ordinance and any ordinance making a general
codification of ordinances, shall must be confined to one (1) subject which shall must be clearly expressed in the
title.
(d) Introduction and passage of ordinances All ordinances shall must be formally introduced at a regular or special
Council meeting in written or printed form by any member of the Council and considered on first reading and
action taken thereon. No ordinance, except an emergency ordinance, shall may be finally passed on the first
reading or at the meeting at which it is first introduced. An emergency ordinance may be formally introduced at a
special Council meeting and action taken thereon, including final passage at such special meeting. Reading of an
ordinance shall must consist only of reading the title thereof, provided that copies of the full ordinance proposed
shall have been available in the office of the City Clerk at least forty-eight (48) hours prior to the time such
ordinance is introduced for each member of the City Council, and for inspection and copying by the general public .
Final passage of all ordinances except emergency ordinances shall must be at a regular Council meeting and
provided further that any member of the City Council may request that an ordinance be read in full at any reading
of the same, in which case such ordinance shall must be read in full at such reading.
(e) Emergency ordinances. An emergency ordinance may be formally introduced at a special Council meeting and
action taken thereon, including final passage at such special meeting. Emergency ordinances shall require for
passage the affirmative vote of at least five (5) members of the Council and shall must contain a specific statement
of the nature of the emergency. No ordinance granting any franchise or special privilege which involves a benefit
to any private person or entity shall may ever be passed as an emergency ordinance.
(f) Ordinance enacting clause. The enacting clause of all ordinances passed by the Council shall must be as follows:
"Be it ordained by the Council of the City of Fort Collins."
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Section 7. Ordinances, publication and effective date.
(a) Publication. Every proposed ordinance, except an emergency ordinance, shall must be published in full at least
seven (7) days before its final passage on the city's official internet web site. In addition, each such ordinance shall
must be published in a newspaper of general circulation in the city by number and title only, together with a
statement that the full text is available for public inspection and acquisition in the office of the City Clerk and on
the city's internet web site.
(b) Notices. Both publications shall must contain a notice of the date when said proposed ordinance will be
presented for final passage. The City Clerk shall must, within seven (7) days after final passage of any such
ordinance, publish such ordinance in the same method as is required for the first publication.
(c) Effective date. All ordinances, except emergency ordinances, shall will take effect on the tenth day following
their passage. An emergency ordinance shall will take effect upon passage and shall will be published as provided
above within seven (7) days thereof.
(d) Form. Standard codes and codifications of ordinances of the city may be published by title and reference in
whole or in part. Ordinances shall must be signed by the Mayor, attested by the City Clerk and published without
further certification.
(e) Public hearings. The Council may enact any ordinance which adopts any code by reference in whole or in part
provided that before adoption of such ordinance the Council shall must hold a public hearing thereon and notice of
the hearing shall must be published twice in the newspaper of general circulation, published in the city, one (1) of
such publications to be at least eight (8) days preceding the hearing and the other at least fifteen (15) days
preceding the hearing. Such notice shall must state the time and place of the hearing and shall must also state that
copies of the code to be adopted are on file with the City Clerk and open to public inspection. The notice shall must
also contain a description which the Council deems sufficient to give notice to persons interested as to the subject
matter of such code and the name and address of the agency by which it has been promulgated. The ordinance
adopting any such code shall must set forth in full any penalty clause in connection with such code.
Section 8. Disposition of ordinances.
A true copy of every ordinance, when adopted, shall will be numbered and recorded in a book marked "Ordinance
Record," and adoption and publication shall must be authenticated by the signatures of the Mayor and the City
Clerk, and by the certificate of the publisher, respectively. The ordinances as adopted by the vote of the qualified
electors of the city shall will be separately numbered and recorded.
Section 9. Ordinance codification.
The Council shall must cause the permanent ordinances to be codified. Such codification may be of the entire body
of permanent ordinances or of the ordinances on some particular subject and may be re-enacted by the Council or
authenticated in such other manner as may be designated by ordinance. No codification ordinance shall will be
invalid on the grounds that it deals with more than one (1) subject. The first codification shall will be completed
within five (5) years of the effective date of this Charter and subsequent codifications shall must be made
thereafter as deemed necessary by the Council, and all permanent ordinances adopted thereafter shall must be
codified at least once a year.
Section 10. Proof of charter and ordinances.
This Charter and any ordinance passed by the Council may be proved by a copy thereof certified to by the City
Clerk under the seal of the city and, when printed in a book or pamphlet form purporting to be authorized by the
city, the same shall may be received as prima facie evidence by courts without further proof.
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Section 11. Meetings, quorum, executive session.
The Council shall will hold regular meetings at such time and place as it may prescribe by ordinance and shall will
prescribe the manner in which special meetings may be called. Notice of any special meeting shall must be given to
all Councilmembers no less than one (1) day prior to such meeting. All meetings shall will be open to the public. A
majority of the members of Council shall will constitute a quorum sufficient to transact business. A smaller number
can adjourn a meeting to a later date and time, and in the absence of all members, the City Clerk may adjourn any
meeting for not longer than one (1) week. In the event of an emergency, natural disaster, or unforeseen
circumstance that renders the holding of a meeting undesirable or impra cticable, the City Manager may, with
agreement of the Mayor, cancel a City Council meeting, and shall will make a reasonable attempt to notify the
public and the other members of Council of such cancellation before the scheduled time of the meeting. No oth er
action, except to adjourn, may be taken by the Council in the absence of a quorum, unless the absence of a
quorum is due to the filing of conflict of interest disclosure statements by all absent members, in which event at
least three (3) remaining members may transact business. By majority vote of those present and voting, the
Council may approve any action of the Council except the passage of emergency ordinances and the approval of
executive sessions. By two-thirds (2/3) vote of those present and voting, the Council may go into executive session,
which shall will be closed to the public. Executive sessions may only be held to:
(1) discuss personnel matters; or
(2) consult with attorneys representing the city regarding specific legal questions involving litigation or
potential litigation and/or the manner in which particular policies, practices or regulations of the city
may be affected by existing or proposed provisions of federal, state or local law; or
(3) consider water and real property acquisitions and sales by the city; or
(4) consider electric utility matters if such matters pertain to issues of competition in the electric utility
industry.
Section 12. City Clerk.
With the approval of the Council, the City Manager shall will appoint a City Clerk who shall will act as Clerk of the
Council and who while so employed shall must be a resident of the Fort Collins Urban Growth Area. The City Clerk
shall will:
(1) give notice of Council meetings;
(2) keep a journal of Council proceedings;
(3) authenticate by his or her their signature and permanently record in full all ordinances and resolutions;
and
(4) perform other duties required by this Charter or by the City Manager.
Section 13. Council not to interfere with administrative service.
Except for purposes of inquiry, the Council and its members shall may deal with the administrative service of the
city solely through the City Manager, and neither the Council nor any member shall may give orders to any
subordinates of the City Manager either publicly or privately.
Section 14. Licenses, permits.
The Council may provide for licenses and permits, and fees therefor, for regulatory purposes. The Council shall will
provide an administrative procedure for the hearing and determination of appeals relating to issuance, suspension
or revocation of such licenses and permits. The Council itself may hear and decide appeals.
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Section 15. Surety bonds.
The Council shall must require the City Manager, the Financial Officer, and other employees transacting financial
business of the city to furnish bonds with such surety and in such amounts as the Council may determine.
Section 16. Contracts with other governmental bodies.
The Council may, by ordinance or resolution, enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or joint activities with other
governmental bodies.
(Ord. No. 18, 1973, 2-15-73, approved, election 4-3-73)
Section 17. Independent annual audit.
The Council shall must provide for an independent audit at least annually by a certified public accountant of all
books and accounts of the city, and shall must publish a summary thereof once in the manner provided for
publication of legal notices within seven (7) months after the end of each fiscal year.
Section 18. Vacancies.
(a) Vacancies. A vacancy exists when a Councilmember:
(1) dies, resigns, or moves from the city or the District from which elected or a ppointed;
(2) assumes another elective office;
(3) fails to attend all regular and special meetings of the Council for sixty (60) consecutive days unless
excused by Council resolution;
(4) is judicially declared mentally incompetent;
(5) is convicted of a felony that disqualifies the Councilmember from serving in public office in Colorado
under the Colorado Constitution, or is declared by the City Clerk, more than sixty (60) days after the
date of issuance of the certificate of election of such Councilmember, to have previously been
convicted of a disqualifying felony pursuant to a written protest filed under Section 2 of this article; or
(6) in the case of an appointed member of the Council, is declared by the City Clerk to lack any
qualification for the office of Councilmember.
(b) Filling Councilmember district office vacancy.
(1) Except for the office of Mayor, any vacancy on the Council shall must be filled within forty-five (45) days by
appointment of the Council. The person so appointed shall will serve until the next regular election, when the
electors will select a person to fill the vacancy for the remainder of the term, if any.
(2) This selection process shall be is subject to the following exception: If the time for filling the vacancy by
appointment would fall within forty-five (45) days prior to any regular election, and the remaining unexpired term
of the Councilmember to be replaced is more than two (2) years, then the vacancy shall must be filled by the newly
constituted Council following their election, within forty-five (45) days after their terms of office begin.
Under this exception, the term of office of the Councilmember appointed shall will run for the remainder of the
replaced Councilmember's term. Any person appointed to fill a Councilmember's vacated position shall must have
all the qualifications required of regularly elected Councilmembers. In the case of a vacancy representing a
member elected from a District, any person appointed or elected to fill such vacancy shall must be from the same
District, as such District is constituted at the time of the appointment or election.
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(bc) Filling an office of the Mayor vacancy.
The following shall will apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five (45) days prior to the next regular
election, the Mayor Pro Tem shall will become Acting Mayor, and the Council shall must elect a new
Mayor Pro Tem. Both the Acting Mayor and Mayor Pro Tem shall will serve until the next regular
election, at which time the office of Mayor shall will be filled by the electors for a new term, and the
Acting Mayor and Mayor Pro Tem shall will resume their duties as Councilmembers for the remainder
of their unexpired terms of office, if any. The vacancy on the Council created by the Mayor Pro Tem
assuming the office of Mayor shall must be filled in accordance with the provisions of Section 18(a)
above.
(2) If the position of Mayor becomes vacant within the forty -five (45) days prior to any regular election,
the duties of the Mayor shall must be immediately assumed by the Mayor Pro Tem, who shall will serve
as Acting Mayor until said regular election, at which time the office of Mayor shall must be filled by the
electors for a new term. Pending the election and the commencement of the term of the newly elected
Mayor, the Council shall will consist of six (6) members, and the Council shall must elect an interim
Mayor Pro Tem. After the election, the Acting Mayor and Interim Mayor Pro Tem shall will resume
their duties as Councilmembers for the remainder of their unexpired terms of office, if any.
(3) Nothing herein shall precludes the Mayor Pro Tem or any Councilmember from standing for election
to the office of Mayor.
ARTICLE III. CITY MANAGER
Section 1. Appointment, qualifications.
(a) Appointment of City Manager. The Council shall will appoint and fix the compensation of a City Manager, who
shall will be the chief executive officer and head of the administrative branch of the city government.
(b) Qualifications. The City Manager shall will be appointed on the basis of his or her their executive and
administrative qualifications, with special reference to actual experience in and knowledge of accepted practice in
respect to the duties of the office.
(c) Residency. Prior to appointment, the City Manager need not be a resident of the city , but during his or her their
tenure in office the City Manager shallmust reside within the city.
(d) Limitation on appointment. No member of Council shall may be appointed City Manager during the term for
which he or she has they have been elected nor within one (1) year after the expiration of such term.
Section 2. Powers, duties.
The City Manager shall will be responsible to the Council for the proper administration of all affairs of the city and
to that end shall will have power and be required to:
(a) appoint and, when necessary for the good of the service, remove all heads of service areas and employees of
the city except as otherwise provided by this Charter;
(b) prepare the budget annually and submit it to the Council and be responsible for its administration after
adoption;
(c) participate in discussions of the Council in an advisory capacity;
(d) prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and
administrative activities of the city for the preceding year, and make written or oral reports to the Council
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when required by it as to any particular matter relating to the affairs of the city within his or her their
supervision;
(e) keep the Council advised of the financial condition and the future needs of the city, and make
recommendations to the Council;
(f) enforce the laws and ordinances of the city;
(g) perform such other duties as may be prescribed by this Charter or required of the City Manager by the
Council not inconsistent with this Charter.
Section 3. Absence of City Manager.
To perform his or her their duties during temporary absence or disability, the City Manager may designate a
qualified employee of the city by letter filed with the City Clerk. If the City Manager fails to make such designation,
the Council may by resolution appoint a qualified employee of the city to perform the duties of the City Manager
until he or she they return returns or his or her their disability ceases.
Section 4. Removal of City Manager.
The Council shall will appoint the City Manager for an indefinite term and may remove a City Manager by majority
vote of the Councilmembers. If a City Manager is r emoved by this method, at least thirty (30) days before such
removal takes effect, the Council shall must by majority vote of its members adopt a resolution stating the reasons
for the removal, which resolution may also provide for interim suspension. Upon such removal or suspension by
this method the Council shall must cause to be paid to the City Manager any unpaid balance of his or her their
salary for the current month and the salary for the next calendar month.
ARTICLE IV. GENERAL PROVISIONS
Section 1. Appointive boards.
(a) Establishing boards. The Council may, by ordinance, establish appointive boards and commissions. The
ordinance establishing such boards and commissions shall must:
(1) prescribe the powers, duties, and operating procedures of the board and commission;
(2) establish the terms of office of the board or commission members, including initial overlapping terms;
(3) establish the amount of compensation, if any, to be paid to the board or commission members; and
(4) state whether the board or commission shall may have alternate members authorized to vote when
serving in the absence of regular members.
(b) Vacancies. All board and commission members shall will be subject to removal by the Council with or without
cause. Any vacancy during the unexpired term of any member shall may be filled by the Council for the
remainder of the term.
(c) Organization. Each board and commission shall will choose its own officers from among its members. The
Council may change any or all of the powers, duties and procedures of any board or commission and may
abolish any board or commission which is not required by this Charter or law.
Section 2. Administrative branch.
The administrative branch of the city government shall will be composed of the offices, service areas and agencies
established by ordinance upon report and recommendation of the City Manager. Administrative functions and
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duties may be assigned and distributed among offices, service areas or departments thereof, or agencies of the
administrative branch by regulations issued by the City Manager. The City Manag er shall will have power,
whenever the interest of the city requires, to assign any employee of one (1) service area to perform duties in
another service area.
Section 3. Residency requirement.
Directors of a city service area or a group of city service areas, deputy city managers, and assistant city managers
shall must reside within the Fort Collins Urban Growth Area during their tenure in office, but need not reside
within the Fort Collins Urban Growth Area prior to their appointment. City department heads may live outside the
Urban Growth Area during their tenure in office, but only if their places of residence are within five miles of the
city limits, as measured by a straight line connecting the parcel of property upon which the residence is situ ated to
the nearest boundary line of the city. City department heads appointed prior to March 6, 1985, shall are not be
subject to this residency requirement.
Section 4. Oath of office.
Before entering upon the duties of the office, each member of Council, the City Manager, the City Attorney, the
City Clerk, the Judge of the Municipal Court, and each director of a service area shall must take, subscribe before,
and file with the City Clerk an oath or affirmation that he or she they will support the Constitution of the United
States, the Constitution of the State of Colorado, this Charter, and the ordinances of the City of Fort Collins, and
that he or she they will faithfully perform the duties of the office or position. The City Clerk shall must take and
subscribe the oath before a notary public.
Section 5. Records to be public.
All city records shall will be available for public inspection, subject only to reasonable restrictions. Upon payment
of a reasonable fee, a copy or a certified copy of any city record shall will be furnished by the custodian thereof. A
certified copy of any city record shall will be prima facie evidence of its contents.
Section 6. Ordinances remain in force.
All ordinances, resolutions, rules, or regulations in force in Fort Collins, a municipal corporation, at the time this
Charter takes effect shall will continue in full force and effect until superseded, amended , or repealed, except that
those inconsistent with this Charter are hereby repealed.
Section 7. Publication.
Whenever legal notice or other publication is required by this Charter, or by ordinance, rule, or regulation, such
notice shall must be published at least once in a local newspaper of general circulation in the city, which is devoted
to dissemination of news of a general character, unless a different form of notice is specified in this Charter or in
the ordinance, rule, or regulation requiring the notice.
Section 8. Charter amendments.
This Charter may be amended at any time in the manner provided by the laws of the State of Colorado. The
Council may prescribe by ordinance, upon recommendation of the City Clerk, a general form of petition for citizen -
initiated Charter amendments which shall will contain warnings and notices to signers as necessary.
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Section 9. Conflicts of interest.
(a) Definitions. For purposes of construction of this Section 9, the following words and phrases shall have the
following meanings:
Business means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual, holding company, joint stock company, receivership, trust, activity or
entity.
Financial interest means any interest equated with money or its equivalent. Financial interest shall does not
include:
(1) the interest that an officer, employee or relative has as an employee of a business, or as a holder of an
ownership interest in such business, in a decision of any public body, when the decision financially
benefits or otherwise affects such business but entails no foreseeable, measurable financial benefit to
the officer, employee or relative;
(2) the interest that an officer, employee or relative has as a nonsalaried officer or member of a nonprofit
corporation or association or of an educational, religious, charitable, fraternal or civic organization in
the holdings of such corporation, association or organization;
(3) the interest that an officer, employee or relative has as a recipient of public services when such
services are generally provided by the city on the same terms and conditions to all similarly situated
citizens, regardless of whether such recipient is an officer, employee or relative;
(4) the interest that an officer, employee or relative has as a recipient of a commercially reasonable loa n
made in the ordinary course of business by a lending institution, in such lending institution;
(5) the interest that an officer, employee or relative has as a shareholder in a mutual or common
investment fund in the holdings of such fund unless the shar eholder actively participates in the
management of such fund;
(6) the interest that an officer, employee or relative has as a policyholder in an insurance company, a
depositor in a duly established savings association or bank, or a similar interest -holder, unless the
discretionary act of such person, as an officer or emp loyee, could immediately, definitely and
measurably affect the value of such policy, deposit or similar interest;
(7) the interest that an officer, employee or relative has as an owner of government-issued securities
unless the discretionary act of such owner, as an officer or employee, could immediately, definitely and
measurably affect the value of such securities; or
(8) the interest that an officer or employee has in the compensation received from the city for personal
services provided to the city as an officer or employee.
Officer or employee means any person holding a position by election, appointment or employment in the service of
the city, whether part-time or full-time, including a member of any authority, board, committee or commission of
the city, other than an authority that is:
(1) established under the provisions of the Colorado Revised Statutes;
(2) governed by state statutory rules of ethical conduct; and
(3) expressly exempted from the provisions of this Article by ordinance of the Council.
Personal interest means any interest (other than a financial interest) by reason of which an officer or employee, or
a relative of such officer or employee, would, in the judgment of a reasonably prudent person, realize or
experience some direct and substantial benefit or detriment different in kind from that experienced by the general
public. Personal interest shall does not include:.
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(1) the interest that an officer, employee or relative has as a member of a board, commission, committee,
or authority of another governmental entity or of a nonprofit corporation or association or of an
educational, religious, charitable, fraternal, or civic organization;
(2) the interest that an officer, employee or relative has in the receipt of public services wh en such
services are generally provided by the city on the same terms and conditions to all similarly situated
citizens; or
(3) the interest that an officer or employee has in the compensation, benefits, or terms and conditions of
his or her their employment with the city.
Public body means the Council or any authority, board, committee, commission, service area, department or office
of the city.
Relative means the spouse or minor child of the officer or employee, any person claimed by the officer or
employee as a dependent for income tax purposes, or any person residing in and sharing with the officer or
employee the expenses of the household.
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city. No officer or employee, or relative of such officer or employee, shall may have a
financial interest in the sale to the city of any real or personal property, equipment, material, supplies
or services, except personal services provided to the city as an officer or employee, if:
a. such officer or employee is a member of the Council;
b. such officer or employee exercises, directly or indirectly, any decision -making authority on behalf
of the city concerning such sale; or
c. in the case of services, such officer or employee exercises any supervisory authority in his or her
their role as a city officer or employee over the services to be rendered to the city.
(2) Purchases from the city. No officer, employee or relative shall may, directly or indirectly, purchase any
real or personal property from the city, except such property as is offered for sale at an established
price, and not by bid or auction, on the same terms and conditions as to all members of the general
public.
(3) Interests in other decisions. Any officer or employee who has, or whose relative has, a financial or
personal interest in any decision of any public body of which he or she is they are a member or to
which he or she they makes recommendations, shall must, upon discovery thereof, disclose such
interest in the official records of the city in the manner prescribed in subsection (4) hereof, and shall
must refrain from voting on, attempting to influence, or otherwise participating in such decision in any
manner as an officer or employee.
(4) Disclosure procedure. If any officer or employee has any financial or personal interest requiring
disclosure under subsection (3) of this section, such person shall must immediately upon discovery
thereof declare such interest by delivering a written statement to the City Clerk, with copies to the City
Manager and, if applicable, to the chairperson of the public body of which such person is a member,
which statement shall must contain the name of the officer or employee, the office or position held
with the city by such person, and the nature of the interest. If said officer or employee shall discovers
such financial or personal interest during the course of a meeting or in such other circumstance as to
render it practically impossible to deliver such written statement prior to action upon the matter in
question, said officer or employee shall must immediately declare such interest by giving oral notice to
all present, including a description of the nature of the interest.
(5) Violations. Any contract made in violation of this Section shall be is voidable by the city. If voided
within one (1) year of the date of execution thereof, the party obtaining payment by reason of such
contract shall must, if required by the city, forthwith return to the city all or any designated portion of
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the monies received by such individual from the city by reason of said contract, together with interest
at the lawful maximum rate for interest on judgments.
Section 10. Penalties for violation of Charter.
Any violation of a provision of this Charter shall will be deemed a misdemeanor. Any person convicted of such
violation may be punished by a fine or imprisonment, or by both such fine and imprisonment, the maximum
amount and term of which shall must be no less than that established by ordinance for misdemeanor violations of
the city Code. Said maximum penalty shall will be set by the Council by ordinance. Any officer or employee of the
city convicted of such a violation shall will be deprived of his or her their office or employment and shall will be
ineligible to any city office or employment for two (2) years thereafter.
Section 11. Construction of words.
Whenever such construction is applicable, words used in this Charter importing singular or plural number may be
construed so that one (1) number includes both,; words importing masculine gender may be construed to apply to
the feminine gender as well; and the word "person" may extend to and include firm and corporation; provided
that these rules of construction shall will not apply to any part of this Charter containing express provisions
excluding such construction or where the subject matter or context is contrary thereto.
Section 12. Construction of Charter.
In the event any section or part of a section of this Charter shall be is declared unconstitutional or invalid by a
court of competent jurisdiction, the validity of the remaining sections and parts of sections shall will not be
affected thereby.
Section 13. Outgoing officers.
All officers of the city whose terms of office terminate shall must deliver to their successors all papers, records, and
property of every kind in their possession or custody by virtue of their office, and shall must account to them or to
any authority designated by the council, for all funds, credits, or property of any k ind with which they are properly
chargeable as such officials.
Section 14. Eminent domain.
In carrying out the powers and duties imposed upon it by this Charter or by the general statutes, the city shall will
have power to acquire within or without its corporate limits lands, buildings, and other properties, and any interest
in land and air rights over land, and may take the same upon paying just compensation to the owner as provided
by law.
Section 15. Improvement districts.
A public work or improvement, the costs of which in whole or in part are to be assessed by the city, may be
initiated by the Council on recommendation of the City Manager, or on petition of property owners in such
number and in such form as may be prescribed by ordinance. The Council shall will by ordinance prescribe the
method of making such improvements and the assessments for their cost.
Section 16. Limitation of actions.
No person shall may be prosecuted, tried, or punished in the city's Municipal Court for any violation of this Charter
unless a summons and complaint or penalty assessment notice for the violation is served on such person within
one (1) year of the commission of the violation.
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ARTICLE V. FINANCE ADMINISTRATION
Part I Budget and Financial Management
Section 1. Fiscal and accounting year.
The fiscal and accounting year shall will be the same as the calendar year. "Budget term" shall will mean the fiscal
year(s) for which any budget is adopted and in which it is to be administered. Council shall will set by ordinance the
term for which it shall will adopt budgets in accordance with this Article.
Section 2. Budget estimates.
On or before the first Monday in September preceding each budget term, the City Manager shall must file with the
City Clerk a proposed budget for the ensuing budget term with an explanatory message. The proposed budget shall
must provide a complete financial plan for each fund of the city and shall must include appropriate financial
statements for each type of fund showing comparative figures for the last completed fiscal year, comparative
figures for the current year, and the City Manager's recommendations for the ensuing budget term.
Section 3. Public record, hearing.
(a) Public record. The City Manager's proposed budget shall must be a public record and open to the public for
inspection and copy.
(b) Budget hearing. The Council shall must, within ten (10) days after the filing of said proposed budget with the
City Clerk, set a time certain for public hearing thereon and cause notice of such public hearing to be given by
publication. At the hearing, all persons may appear and comment on any or all items and estimates in the
proposed budget. Upon completion of the public hearing the Council may revise the budget estimates.
Section 4. Adoption of budget and appropriation of funds.
(a) Adoption of budget. After said public hearing and before the last day of November preceding the budget term,
the Council shall must adopt the budget for the ensuing term. The adoption of the budget shall must be by
ordinance.
(b) Appropriation. Before the last day of November of each fiscal year, the Council shall must appropriate such
sums of money as it deems necessary to defray all expenditures of the city during the ensuing fiscal year. The
appropriation of funds shall must be accomplished by passage of the annual appropriation ordinance.
(c) Itemization. Such appropriation of funds shall must be based upon the budget as approved by the Council but
need not be itemized further than by fund with the exception of capital projects and federal or state grants which
shall must be summarized by individual project or grant.
Section 5. Levy.
The annual appropriation ordinance shall must also include the levy in mills, as fixed by the Council, upon each
dollar of the assessed valuation of all taxable property within the city, such levy representing the amount of taxes
for city purposes necessary to provide, during the ensuing fiscal year, for all properly authorized expenditures to
be incurred by the city, including interest and principal of general obligation bonds. The Council shall must
thereupon cause the total levy to be certified by the City Clerk to the county consistent with applicable state
statutes, which shall will extend the same upon the tax list of the current year in a separate column entitled "City
of Fort Collins Taxes," and shall must include said city taxes in his or her their general warrant to the County
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Treasurer for collection. If the Council fails in any year to make said tax levy as above provided, then the rate last
fixed shall must be the levy fixed for the ensuing fiscal year and the Financial Officer shall must so certify.
Section 6. Maximum mill levy.
The mill levy shall must not exceed fifteen (15) mills on each dollar of assessed valuation of taxable property within
the city for all purposes. Any mill levy in excess of the fifte en (15) mills aforesaid shall must be absolutely void as to
the excess and it shall will be unlawful for the Assessor to extend and for the Treasurer to collect any such excess.
Section 7. Effect of appropriation and levy.
After the commencement of the fiscal year, the annual appropriation ordinance and levy shall will be irrepealable
and the several amounts stated in the adopted budget and annual appropriation ordinance as proposed
expenditures for such fiscal year shall be deemed will be appropriated for the specified purposes therein specified.
Section 8. Appropriations not to exceed revenue; appropriation required for expenditures
and obligations.
(a) Revenues. No appropriation shall may be made by the Council which exceeds the revenues, reserves or other
funds anticipated or available at the time of the appropriation, except for emergency expenses incurred by
reason of a casualty, accident or unforeseen contingency arising after the p assage of the annual
appropriation ordinance.
(b) Appropriation requirements. It shall be is unlawful for any service area, officer or agent of the city to incur or
contract any expense or liability or make any expenditure for or on behalf of the city unless an appropriation
therefor shall have has been made by the Council. Any authorization of an expenditure or incurring of an
obligation by any officer or employee of the city in violation of this provision shall will be null and void from
its inception.
(c) Powers. Nothing herein shall will apply or limit the authority conferred by this Article in relation to bonded
indebtedness, or to the collection of moneys by special assessments for local improvements; nor shall will it
be construed to prevent the making of any contract or lease providing for expenditures beyond the end of
the fiscal year in which it is made, so long as such contract or lease is made subject to an appropriation of
funds sufficient to meet the requirements of Section 8(b) above.
Section 9. Supplemental appropriations.
The Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at
any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in
combination with all previous appropriations for that fiscal year, shall must not exceed the then current estimate
of actual and anticipated revenues and all other funds to be received by the city during the fiscal year. This
provision shall does not prevent the Council from appropriating by ordinance at any time during the fiscal year
such revenues and funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated.
Section 10. Transfer of appropriations.
(a) Transfers. During the fiscal year, the City Manager may transfer any unexpended and unencumbered
appropriated amount within the same fund.
(b) Capital project accounts. During the fiscal year, the Council may, by ordinance, upon the recommendation of
the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof
from one (1) fund or capital project account to another fund or capital project account, provided that:
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(1) the purpose for which the transferred funds are to be expended remains unchanged;
(2) the purpose for which the funds were initially appropriated no longer exists; or
(3) the proposed transfer is from a fund or capital project account in which the amount appropriated
exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance.
Section 11. Lapsed appropriations.
All appropriations unexpended or unencumbered at the end of the fiscal year shall will lapse to the applicable
general or special fund, except the Council may designate in an ordinance appropriating funds for capital projects
and for federal, state and private grants and donations that such funds shall will not lapse until the completion of
the capital project or 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.
Nothing herein shall will limits the ability of the Council to terminate a capital project or a federal, state or private
grant or donation at any time prior to completion of the project or prior to expiration of or the city's exp enditure
of all funds from the grant or donation.
Section 12. Deposit of public funds.
The cash balance of the city shall must be deposited or invested in a manner approved by the Council by ordinance
or resolution.
Section 13. Collection of taxes.
(a) Manner of collection. Unless the Council otherwise provides by ordinance or resolution, the County Treasurer
shall will collect city taxes in the same manner and at the same time as general taxes are collected under the laws
of the State of Colorado. In like manner, the Council may provide for collection of special improvement
assessments by said Treasurer.
(b) Applicable law. All laws of this state for the assessment of property and the levy and collection of general taxes,
sale of property for taxes and the redemption of the same shall will apply and have the same effect with respect to
all taxes for the city as general taxes, except as modified by this Charter.
(c) Reporting. On or before the tenth day of each month or as frequently as the Council may prescribe by
ordinance, the County Treasurer shall will report and pay to the Financial Officer the amount of tax collections of
the city for the preceding month. The estimated costs of tax collections and losses shall must be included in the
budget.
Section 14. Audit and payments.
No demand for money against the city shall may be approved, allowed, audited, or paid unless it is in writing,
dated and sufficiently itemized to identify the expenditure, and payment thereof approved by the Financial Officer
and the person or service area creating the obligation.
Section 15. Prohibited Aappropriations forbidden.
No aAppropriations shall be made for any charitable, industrial, educational, or benevolent purposes to any
person, corporation, or organization not under the absolute control of the city, nor to any denominational or
sectarian institution or association are prohibited.
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Section 16. City not to pledge credit.
The city shall must not lend or pledge its credit or faith, directly or indirectly, or in any manner to or in aid of any
private person or entity for any amount or any purpose whatever, or become responsible for any debt, contract, or
liability thereof.
Part II Municipal Borrowing
Section 18. Forms of borrowing.
The city may borrow money and issue the following securities to evidence such indebtedness:
(1) short-term notes.
(2) general obligation securities.
(3) revenue securities.
(4) refunding securities.
(5) special assessment securities.
(6) tax increment securities.
(7) any other securities not in contravention of this Charter.
Section 19.1. Short-term notes.
The city is hereby authorized to borrow money, by Council action and without an election, in anticipation of the
collection of taxes or other revenues and to issue short-term notes to evidence the amount so borrowed. Any such
short-term notes payable in whole or part from ad valorem taxes shall may be issued after the annual levy of taxes
and must be payable in full within twelve (12) months from their date, except as otherwise specifically provided in
this Charter.
Section 19.2. General obligation securities.
Except as otherwise provided in this Part II of Article V of this Charter, no securities payable in whole or in part
from the proceeds of ad valorem taxes of the city shall may be issued until the question of their issuance has, at a
special or regular election, been submitted to a vote of the electors of the city and approved by a majority of those
voting on the question. The aggregate amount of such securities as are described in this Section, excluding
securities which have been refunded and defeased, shall must not exceed ten (10) percent of the assessed
valuation of the taxable property within the city as shown by the last assessment for city purposes. Securities
issued for water purposes may be issued by Council action without an election and shall will not be included in the
determination of such debt limitation.
Section 19.3. Revenue securities.
(a) Securities. The city, by Council action and without an election, may issue securities made payable solely from
revenues derived from the operation of the project or capital improvement acquired with the securities' proceeds,
or from other projects or improvements, or from the proceeds of any sales tax, use tax or other excise tax, or
solely from any source or sources or any combination thereof other than ad valorem taxes of the city.
(b) Council powers. The Council may, by ordinance, establish any one or more of the city's water, wastewater,
storm drainage or electrical utilities as an enterprise of the city. The Council may also, by ordinance, authorize any
such city-owned enterprise, acting by and through the Council, sitting as the board of the enterprise, to issue its
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own revenue bonds or other obligations (including refunding securities) on behalf of the city, which revenue bonds
or other obligations shall will be payable solely from the net revenues (including special assessments) derived from
the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by
mortgages on or security interests in any real or personal property of the city used in the operation of the
enterprise. Such revenue bonds or other obligations shall must be issued by ordinance of the board of the
enterprise, adopted in the same manner and subject to referendum to the same extent as ordinances of the
Council.
(c) Members. The Council shall may not appoint any persons other than its own members to serve on the board of
the enterprise or delegate to any other person or entity the powers reserved to the board of the enterprise
hereunder. Neither shall may the Council authorize the board of the enterprise to acquire, construct or install or
hold title to or dispose of any city-owned property used in the operation of the enterprise, to impose or adjust
rates, fees, tolls or charges for the use of any such property or for any service or commodity furnished by the
enterprise, to levy special assessments or to exercise any power reserved to the Council or other city officials by
this Charter or otherwise (other than the power to issue revenue bonds and other obli gations).
Section 19.4. Refunding securities.
The Council may authorize without an election issuance of refunding securities for the purpose of refunding and
providing for the payment of outstanding securities or other obligations of the city as the same mature, or in
advance of maturity by means of an escrow or otherwise. The ordinance authorizing the issuance of such
refunding securities may provide that the interest rate or principal amount of the refunding securities be higher or
lower than that of the securities being refunded, provided that in the case of general obligation securities the total
principal and interest payable on the refunding securities does not exceed that of the secu rities being refunded.
No refunding securities (other than water refunding securities and tax increment refunding securities) issued for
the purpose of refunding revenue securities shall may be issued without an election if such refunding securities are
made payable in whole or part from ad valorem taxes of the city.
Section 19.5. Special assessment securities.
(a) Securities for any special or local improvement district, secured as provided in this Section, shall will not be
subject to any debt limitation nor affect the city's debt incurring power, nor shall will such securities be
required to be authorized at any election.
(b) The city may include property owned by it within any special or local improvement district and provide for
the assessment of such property as it would any other property located within the special or local
improvement district. The city may without an election elect to pay any such assessment in installments, and
any such assessment, regardless of the source of payment thereof, shall will not be included within the
limitation contained in Section 19.2 of Article V of this Charter.
(c) When all outstanding securities for a special or local improvement district have been fully paid and money
remains to the credit of the district, it may be transferred to a surplus and deficiency fund. Whenever there
is a deficiency in any special or local improvement district fund to meet the payment of outstanding
securities and interest due thereon, the deficiency may be paid out of the surplus and deficiency fund.
(d) Whenever three-fourths (¾) of the securities issued for a special or local improvement district have been
paid and cancelled and for any reason the remaining assessments are not paid in time to redeem the final
securities for the district, the city shall must pay if so provided in the ordinance authorizing issuance of the
bonds, the securities when due and levy additional ad valorem taxes necessary therefor and reimburse itself
by collecting the unpaid assessments due the district.
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Section 19.6. Terms and disposal of securities.
The terms and maximum interest rate of all securities shall must be fixed by the ordinance authorizing the
borrowing and providing for its payment and all securities shall must be sold or exchanged as determined by the
Council. If bonds are publicly sold, Council action awarding the sale of securities, and thereby establishing the
interest rates and price paid for the securities, may be by resolution.
Section 19.7. Limitation of actions.
No action or proceeding, at law or in equity, to review any elections, acts or proceedings, or to question the
validity of or enjoin the issuance or payment of any securities issued in accordance with their terms, or the levy or
collection of any assessments, or for any other relief against any acts or proceedings of the city done or had under
this Part II of Article V of this Charter, shall may be maintained against the city, unless commenced within thirty
(30) days after the election or performance of the act or the effective date of the resolution or ordinance
complained of, or else be thereafter perpetually barred.
Section 19.8. Tax increment securities.
The city, by Council action and without an election, may issue tax increment securities payable from ad valorem
tax revenues derived from the increased valuation for assessment of taxable property within a plan of
development or other similar area as defined by applicable state statutes. Such securities shall must be issued in
accordance with such statutes or any ordinance adopted by the Council not inconsistent with this Charter. Any
securities issued pursuant to this Section shall will not be included in the determination of the debt limitation
contained in Section 19.2 of Article V of this Charter.
Section 20. No additional limitations.
Section 6 of Part I of Article V of this Charter shall will have no application to the payment of securities issued
hereunder. Except as provided by this Part II of Article V of this Charter, there shall will be no limitations on the
authority of the city to incur indebtedness or to issue securities.
Part III. Financial Administration Unit
Section 21. Financial officer.
The City Manager shall must appoint a Financial Officer who shall have has special knowledge of municipal
accounting, taxation, budget making, and finance. Such Officer shall will be the ex-officio City Treasurer and head
the administrative unit assigned the financial affairs of the city.
Section 22. Powers and duties.
The Financial Officer shall will have charge of the financial records and general and special funds of the city, and
shall must collect, receive, and disburse all money belonging to the city, and shall will have all other duties
required to administer properly the financial affairs of the city; to that end the Financial Officer shall will have
authority and shall be is required to:
(a) maintain a general accounting system for the city government and each of its offices, service areas , and
agencies; exercise budgetary control over the same in accordance with the budget and annual appropriation
ordinance; prescribe the form of receipts, requisitions, warrants, and other evidence of income and
disbursements; audit before payment all bills, invoices, payrolls, and other claims and charges against the
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city government; and with the advice of the City Attorney, determine the regularity, legality, and correctness
of such claims, demands, or charges;
(b) advise the City Manager of the budget requirements of the Financial Administration Unit and furnish
estimates and information concerning other service areas, agencies, and boards as requested by the City
Manager;
(c) advise service areas of remaining allotments;
(d) disburse funds in a manner which will assure that budget appropriations are not exceeded and that
payments are not illegally made;
(e) collect and hold all city funds; invest funds as directed by the Council by resolution or ordinance; be
responsible for all trust funds;
(f) serve as custodian of all bonds, documents, and other evidences of indebtedness owned by the city or under
its control;
(g) issue all licenses and collect the fees therefor; collect or receive funds of every description belonging to, due
to, or accruing to the city, including fines, forfeitures, penalties, taxes, water rentals, sewer fees, and electric
revenues;
(h) submit to the Council through the City Manager periodic statements of all accounts and funds, sufficiently
itemized in detail to show the exact financial condition of the city at a frequency established by the Council;
(i) examine and approve all purchase contracts, orders, and other documents by which the city incurs financial
obligations, having previously ascertained that moneys have been appropriated and allotted and will be
available when the obligations become due and payable;
(j) advise the City Manager of any financial irregularity in any service area.
Section 23. Separate utilities accounts.
(a) Utility accounts. The accounts of each utility owned and operated b y the city shall must be maintained in a
separate fund and kept separate and distinct from all other accounts of the city. Each utility fund shall must be
accounted for utilizing the basis of accounting appropriate for an enterprise fund, and shall must contain a
reasonable allowance for depreciation and obsolescence.
(b) Full payment required. All expenses incurred by service areas in rendering services to any utility owned and
operated by the city shall must be fully paid by such utility on a "cost of service" basis as determined by the City
Manager. Each utility shall must be fully paid for all services rendered by such utility to other city service areas.
(c) Estimates. If the utility is subject to a payment to the general fund in lieu of taxes and franchise fees, an
estimate shall must be made of the amount of taxes and franchise fees that would be chargeable against such
utility if privately owned, and the amount of such payment, as determined by the Counc il under Article XII, Section
6 of this Charter, shall must be charged against the utility fund.
Section 24. Responsibility for funds.
All money belonging to the city and in the custody of city employees shall must be paid daily to the Financial
Officer.
Section 25. Creation of funds.
The Financial Officer may create such funds as he or she they deems appropriate to carry out the provisions of this
Part III. The funds of the city shall must include a general fund which shall will be used to account for all financial
resources of the city except those required to be accounted for in another fund.
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Part IV Purchasing
Section 26. Powers and duties.
The City Manager or designee shall must appoint a Purchasing Agent who shall will contract for all supplies,
materials, and equipment required or used by all service areas and agencies of the city, including businesses and
enterprises operated by the city.
Section 27. Competitive bidding.
Before the Purchasing Agent makes any purchase of or contract for supplies, materials, or equipment, he or she
shall they must give ample opportunity for competitive bidding under such rules and regulations, and with such
exceptions as the Council may prescribe by ordinance.
Section 28. Emergency purchases.
In case of emergency affecting the public peace, health, or safety, the Council may waive all provisions for
competitive bidding and direct the Purchasing Agent to purchase necessary supplies in the open market at not
more than commercial prices.
Section 29. Contracts for improvements.
All city improvements constructed by an independent contractor shall must be executed pursuant to a written
contract. Any such improvement, the cost of which exceeds an amount to be determined by ordinance of the
Council, shall must be insured by a performance bond or other equivalent security and submitted to a competitive
bidding process resulting in award to the lowest responsible bidder or a competitive proposal process; provided,
however, that the Council may, by ordinance, authorize the Purchasing Age nt to exempt improvements from the
competitive bidding and competitive proposal processes.
In the event that If Council authorizes the city, rather than an independent contractor, to proceed with the
construction of an improvement, the services of the city shall must be charged as a part of the cost of the
improvement.
Section 30. Contracts for service.
The Council shall will establish by ordinance a maximum term for contracts for service which may be executed by
the city without Council approval. No contract for service for a longer term shall may be made by the city, unless
authorized by ordinance, which ordinance shall may not be passed as an emergency ordinance.
Section 31. Contracts effective only when bond funds available.
No contract for the acquisition of property or the construction of improvements or other expenditures which is to
be financed by bonds or other obligations shall may be effective until the proceeds of the bonds or obligations
have been received by the city.
Improvements to be paid for by special assessments shall will be excepted from the provisions of this Section.
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ARTICLE VI. CITY ATTORNEY
Section 1. Appointment.
The Council shall must appoint and fix the compensation of a City Attorney. The City Attorney shall must be
licensed to practice law in the State of Colorado during his or her their tenure in office, but need not be so licensed
prior to appointment. The City Attorney shall will serve at the pleasure of the Council.
Assistant and/or Deputy City Attorneys may be appointed as determined by the Council and they shall will perform
duties as assigned by the City Attorney, including attending Council meetings in the place of the City Attorney.
Section 2. Functions.
The City Attorney shall will be the legal adviser of the Council and all employees of the city in matters relating to
their official powers and duties. He or she shall They will represent the city in all legal proceedings, draw all
ordinances, and prepare all other legal documents, attend all Council meetings and perform all services incident to
the position as may be required by this Charter, ordinances, or the Council.
Section 3. Special counsel.
The Council may, upon the request of the City Attorney in special cases, employ special counsel if deemed
necessary and advisable under the circumstances.
ARTICLE VII. MUNICIPAL COURT
Section 1. Municipal court.
(a) Appointment of judges. There shall will be a Municipal Court vested with original jurisdiction of all causes
arising under the City's Charter and ordinances. The Council shall must appoint the judge or judges of Municipal
Court for two (2) year terms. Council shall will designate a Chief Judge to carry out related duties as adopted by the
Council by ordinance, and shall will fix the compensation of the Municipal Judges.
(b) Compensation. Such compensation shall may in no manner be contingent upon the amount of fees, fines or
costs imposed or collected.
(c) Licensure. Each Municipal Judge shall must be licensed to practice law in the State of Colorado during his or her
their tenure in office, but need not be so licensed prior to appointment.
(d) Temporary judges. As Council determines necessary, the Council may designate one (1) or more reputable and
qualified attorneys to serve as temporary judge.
(e) Removal. The Council may remove a Municipal Judge for cause.
(f) Rules, costs and fees. Rules of procedure, costs and fees shall will be enacted by the Council upon
recommendation of the Chief Municipal Judge.
Section 2. Penalty for violation.
The Council shall will provide for enforcement of its ordinances. The maximum penalty for a violation of the
ordinances of the city shall will be set by the Council by ordinance.
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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) General provisions. 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.
(b) Transitional terms. 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.
(a) 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 office for which the elector is entitled to vote at the el ection. If an elector should sign more petitions than
entitled, said elector's signature will be void as to all petitions which the elector signed.
(b) Petition requirements. 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 to 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.
(c) Withdrawal. 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 signatur es on a
nominating petition need not all be subscribed on one (1) page, but to each separate 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
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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 petition, 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) Compensation prohibited. No person may receive any compensation whatever for signing a nominating
petition.
(d) Objections. 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.
(Ord. No. 201, 1986, § 1, Part H, 12-16-86, approved, election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16-86,
approved, election 3-3-87; Ord. No. 11, 1997, § 1, 2-4-97, approved, election 4-8-97; Ord. No. 022, 2007, §1, 2-20-
07, approved, election 4-3-07; Ord. No. 015, 2021, § 2, 1-19-21, approved, election 4-6-21; Ord. No. 081, 2022, § 2,
7-5-22, approved, election 11-8-22; Ord. No. 094, 2024, § 1, 7-16-24, approved, election 11-5-24)
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) Certification of election. 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 cand idate 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 candi dates
affected.
(b) Contests. 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.
(c) Disqualification. 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 must be rerun with the disqualified candidate
being eliminated prior to any tabulation and the candidate with the r esulting highest vote shall must 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 -
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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.
(bd) Coordinated elections. 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.
(ce) 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.
(a) Contributions limits. 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.
(b) Prohibited contributions. 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) Calendar days unless specified. Except when business days are specified, all computations of time made
under the provisions of this article will be based on calendar days.
(b) Included days. 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 S aturday, Sunday, or
City holiday.
(c) Days counted. 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) Business days. 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.
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(e) Specific considerations. 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" t he
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) Time of day. 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.
ARTICLE IX. RECALL
Section 1. The recall.
(a) Power of recall. 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) wo rds 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
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Section 2(b) of this 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.
(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.
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(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;
(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 file d 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 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 may not remove the signature of an elector from the
petition.
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(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.
(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 th e 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) Purpose. 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) Timing. 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 cond uct 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) Consolidation. 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
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conducted by the Larimer County Clerk and Recorder, the recall election must be consolidated with such
other election date.
(d) Termination of election. 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) Resignation. 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.
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 inc umbent 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) Calendar days. Except when business days are specified, all computations of time made under the provisions
of this article will be based on calendar days.
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(b) Included days. 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) Days counted. 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) Business days. 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) Specific considerations. 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) Time of day. 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.
ARTICLE X. INITIATIVE AND REFERENDUM
Part I Initiative
Section 1. The initiative.
(a) Power of initiative. 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 procedure for initiative must be as provi ded 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.
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(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.
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 an y
signer for the purpose of inducing or causing the signer to affix their 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.
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 p etition for signatures.
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(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 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.
(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 t hose
sections submitted together 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) 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 o f 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 a ll
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
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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, 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 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 3. Action by Council.
(a) Action on sufficient initiative. 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.
(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 Co uncil 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 special 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.
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(b) Referral of initiated ordinances. All ordinances submitted to the Council by initiative petition and adopted 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 the 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 of referendum. The registered electors of the city have the pow er at their option to approve or reject
at the polls, any ordinance, or portion of ordinance, adopted by the Council, except ordinances making the
annual property tax levy, making the annual appropriation, calling a special election, or ordering
improvements initiated by petition and to be paid for by special assessments.
(b) Commencement of proceedings.
(1) One (1) or more registered electors may commence referendum proceedings by filing with the City
Clerk no later than ten (10) days after final passage of the ordinance in question, a notice of protest
against the going into effect of the ordinance. The notice 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.
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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.
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 their 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 ele ments 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 a referendum petition.
(4) Only registered electors may sign the petitions authorized under this Article.
(5) 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.
(6) No person may knowingly sign a referendum petition more than once.
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(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 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 t he 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, 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.
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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 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) Suspension of ordinance. 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) Referral of ordinance. 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 rea ding at the next regular
meeting.
(c) Timing of election. 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 electio n
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 speci al
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.
(b) Ballot text. Upon ordering an election on any initiative or referendum measure, 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 when voting upon each proposed or referred measure must
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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 St ate 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.
Section 11. Computation of time.
(a) Calendar days unless specified. Except when business days are specified, all computations of time made
under the provisions of this article will be based on calendar days.
(b) Included days. 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) Days counted. 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) Business days. 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) Specific considerations. 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
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inclement weather or other emergency circumstances, the period will end on the next business day on which
City Hall is open for business.
(f) Time of day. 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 an d regulations as are consistent with this Charter and the
Colorado Constitution in order to carry out the provisions of this Article.
ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES
Section 1. Franchise granted by ordinance.
(a) Franchise requirements. The Council may grant a franchise relating to any street, alley, or other public place
within the city by ordinance, subject to the initiative and referendum powers reserved to the electors of the city.
No exclusive franchise shall may ever be granted. Every franchise ordinance shall will require for its adoption the
concurrence of a majority of all the members of the Council.
(b) Public notice and hearing. A franchise may be awarded only after a public hearing on the application or
proposal. The applicant for the franchise shall must publish a notice of the hearing in a local newspaper of general
circulation once a week for three (3) successive weeks immediately prior to the date of the hearing. Such notice
shall must specify the meeting of the Council at which it is intended to apply for the franchise, the name of the
applicant, a general description of the rights and privileges to be applied for, and the time for and terms upon
which the franchise is desired. The hearing on the franchise application shall must not be held unless a publisher's
affidavit of publication proving the applicant's compliance with the notice requirements has been presented to the
Council. Publication of the franchise ordinance by the City Clerk shall must be in the same manner as for other
proposed ordinances.
(c) Initiative and referendum. The procedure for initiative and referendum of an ordinance granting a franchise
shall must be as otherwise provided in this Charter, except that the signatures required for referendum shall will
be equal in number to five (5) percent of the registered electors, or ten (10) percent of the total ballots cast in the
last regular city election, whichever is less. If the franchise ordinance is referred to the vote of the electors, the
grantee of the franchise shall must deposit with the city's Financial Officer an amount determined by said Officer
to be sufficient to pay for the cost of the election. No franchise election shall may be ordered until the grantee
deposits such costs.
Section 2. Franchises to specify streets.
All franchises or privileges hereafter granted to railroads or other transportation systems shall must plainly specify
the particular streets, alleys, avenues, and other public property, or parts thereof, to which they shall will apply. All
other franchises may be in general terms and may apply to the city generally.
Section 3. Regulation of public utilities.
(a) Rights reserved. The right to regulate the rates, fares, and rentals of public utilities and carriers serving the
residents of the city shall will always be reserved to the city to be exercised by ordinance.
(b) Annual reports. Every person or corporation operating under a franchise or grant from the city shall must
annually submit to the Council a report verified by the oath of the president, the treasurer, or the general manager
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thereof. Such reports shall must be in the form, contain such detailed information, and cover the period prescribed
by the Council.
(c) Council powers. The Council shall have has the power, either through its members or by authorized experts or
employees, to examine the books and affairs of any such person, persons, or corporations, and to compel the
production of books and other records pertaining to such reports or other matters.
Section 4. Books of record.
The Council shall must provide and cause to be kept in the office of the City Clerk an indexed franchise record in
which shall must be transcribed copies of all franchises granted by the city. Said record shall will be a complete
history of all franchises granted by the city and shall will include a comprehensive and convenient reference to
actions, contests, or proceedings at law affecting the same, and copies of all annual and inspection reports and
such other information as the Council may require.
Section 5. Term, compensation.
No franchise shall may be granted for longer than twenty (20) years. Every grant of a franchise shall must fix the
amount and manner of payment of the compensation to be paid by the grantee for the use of the same, and no
other compensation of any kind shall may be exacted for such use during the life of the franchise. This provision
shall must not exempt the grantee from any lawful taxation upon his or her their property, nor from any license,
charges, or other impositions levied by the Council, not levied on account of the use granted by the franchise.
Section 6. Option to purchase.
Every grant, extension, or renewal of a public utility franchise or right shall must provide that the city may, upon
the vote of the electors and the payment therefor of its fair valuation, purchase and take over the property and
plant of the grantee in whole or in part. Such valuation shall will be made as provided in the grant, but shall must
not include any value of the franchise or right-of-way through the streets or any earning power of such property.
Section 7. Railroad tracks.
The Council, upon some fair apportionment of the cost thereof between the railroad and the city and/or other
public authority in interest, may by ordinance require any railroad company to elevate or lower any of its tracks
running over, along, or across any street or alley of the city, or to take such other measures for the protection of
the public, as in the opinion of the Council the public safety or convenience may require.
Section 8. Street cleaning and paving.
Every grant of any franchise or privilege in, over, under, or along any of the streets or public places in the city for
railway purposes, shall will be subject to the conditions that the person, firm, or corporation exercising or enjoying
the same shall must, unless otherwise provided by ordinance, clean, keep in repair, and pave and repave so much
of a street or other public place occupied by a railway track as lies between its rails, and between the lines of
double track, and for such space outside of said track as may have been acquired by franchise.
Section 9. Right of regulation.
The grant of every franchise or privilege shall will be subject to the right of the city, whether in terms reserved or
not, to make any regulations for the safety, welfare, and accommodation of the public, including among other
things the right to require proper and adequate extensions of the service of such grant, the right to require any or
all wires, cables, conduits, and other like appliances to be placed underground, and the right to protect the public
from danger or inconvenience in the operation of any work or business authorized by the franchise.
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Section 10. Revocable permits.
The Council may grant a permit at any time for the use or occupation of any street, alley, or public place. Such
permit shall will be revocable by the Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
Section 11. Franchise renewal.
No franchise shall may be renewed before one (1) year prior to its expiration, which renewal shall will be subject to
all provisions relating to the original grant of a franchise.
Section 12. Leasing of franchises.
No franchise granted by the city shall may ever be leased, assigned, or otherwise alienated without the express
consent of the city, and no dealing with the lessee or assignee on the part of the city t o require the performance of
any act or the payment of any compensation by the lessee or assignee shall may be deemed to operate as such
consent. Any assignment or sale of such franchise without the consent of the city shall will, at the option of the
Council, operate as a forfeiture to the city of such franchise.
Section 13. Issuance of stock.
Every ordinance granting any franchise shall will prohibit the issuing of any stock on account thereof by any
corporation holding or doing business thereunder.
Section 14. Amendment, renewal, extension or enlargement of franchise.
No amendment, renewal, extension, or enlargement of any franchise, or grant of rights or powers heretofore
granted to any corporation, person, or association of persons shall will be made except in the manner and subject
to all the conditions provided in this Article for the making of original grants and franchises.
Section 15. Common use of facilities.
The City may by ordinance require any person or corporation holding a franchise from the city for any public utility
to allow the use of any of its poles, tracks, wires, conduits, and other related facilities by any other person or
corporation to which the city grants a franchise upon the payment of a reasonable rental to the owner therefor. If
the person or corporation desiring to use the same cannot agree with the owner regarding said rental and the
terms and conditions for such use, within sixty (60) days from offering in writing to do so, the Council after a fair
hearing, shall may by resolution fix the terms and conditions of such use and compensation to be paid therefor,
which award of the Council shall will be final and binding on the parties concerned.
ARTICLE XII. MUNICIPAL PUBLIC UTILITIES
Section 1. City may acquire utilities.
(a) Council powers. The Council upon vote of the electors shall will have the power within or without the territorial
limits of the city to construct, condemn and purchase, acquire, and lease waterworks, gasworks, light plants,
power plants, transportation systems, telephone systems, heating plants, and other public utiliti es local in use and
extent, in whole or in part, and everything required therefor, for the use of the city and its inhabitants, and any
such systems, plants, works, or ways, or any contracts in relation or in connection therewith which may exist and
which the city may desire to acquire or purchase, in whole or in part, the same or any part thereof may be
purchased by the city.
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(b) Establishment. An election is not required for the purchase of a portion of a utility system which is included in
an area being annexed to the city and which is not the subject of an existing city franchise.
(c) Revenue. Such public utilities acquired by the city, excep t waterworks and transportation systems, shall may not
be paid for out of general taxes or general obligation bonds, but shall must be paid for from revenue derived from
the public utility. Equipment necessary for transportation system may be acquired from the funds of the
equipment fund of the city.
Section 2. Right of entry.
The directors and employees of city-owned utilities shall will have authority in the necessary discharge of their
duties to enter upon any lands, properties or premises, within or without the city limits, for the examination or
survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the service, reading meters, or
any other purpose whatever in connection with the water, wastewater, electric, and other utilities.
Section 3. Restriction on sale of water and electric property.
The City shall may not sell, lease, or in any manner dispose of the city's water or electric utility system as a whole
unless and except the proposition for such purpose has first been approved by a vote of the electors. The
provisions of this Section shall will not apply to the sale, lease or exchange of any part of the water or electric
utility systems, which the Council, by ordinance, determines does not materially impair the viability of the
particular utility system as a whole and further determines is for the benefit of the citizens of Fort Collins. The
provisions of this Section shall will also not apply to the sale of water rights no longer useful to the city nor to the
exchange of certain water rights for other water rights which would be more useful to the city.
Section 4. Control of water.
(a) Surplus water. If at any time the water supply is greater than the immediate needs of the city and its
inhabitants, the Council may authorize the City Manager to permit the use of such surplus water by consumers
outside the city at such rates as the Council may prescribe; provided that no vested right shall will accrue under
such permits.
(b) Use. The use of water belonging to the city, or the use of its water system, whether for domestic or industrial
use, or for use in connection with a franchise or other privilege gra nted by the city, shall will always be subject to
the most comprehensive scrutiny, management, and control by the city, and nothing shall will ever be done by a
user which that shall will interfere with the successful operation of the waterworks or tend to interfere with the
complete performance of the trust for the people under which such waterworks are held by the city; neither shall
will such use confer upon any user a right to water superior to the right of any other user.
Section 5. Utility budgeting.
Budgets for all city-owned public utilities shall must be prepared and adopted at the same time and to the same
extent as budgets for all other city functions, as specified in Article V of this Charter.
Section 6. Municipal utility rates and finances.
(a) Rates. The Council shall must by ordinance from time to time fix, establish, maintain, and provide for the
collection of such rates, fees, or charges for water and electricity, and for other utility services furnish ed by the city
as will produce revenues sufficient to pay the cost of operation and maintenance of the city's utilities in good
repair and working order; to pay into the general fund in lieu of taxes on account of the city -owned utilities such
amount as may be established by the Council by ordinance; to pay the principal of and interest on all bonds of the
city payable from the revenues of the city's utilities; to provide and maintain an adequate working capital fund for
the day-to-day business operations of said utilities; to provide and maintain an adequate fund for the replacement
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of depreciated and obsolete property and for the extension, improvement, enlargement and betterment of said
utilities; to pay the interest on and principal of any general obligation bonds issued by the city to extend or
improve said utilities.
(b) Bond revenue. The provisions hereof shall will be subject at all times to the performance by the city of all
covenants and agreements made by it in connection with the issuance, sale, or delivery of any bonds of the city
payable out of the revenues derived from the operation of its utilities, whether s uch revenue bonds be heretofore
or hereafter issued.
(c) Utility fund. All net operating revenues of the city's utilities shall must be held within the respective utility's
fund and may be expended only for renewals, replacements, extraordinary repairs, e xtensions, improvements,
enlargements and betterments to such utility, or other specific utility purpose determined by the Council to be
beneficial to the ratepayers of said utilities.
Section 7. Telecommunication facilities and services.
(a) Council powers. In addition to all the powers granted by this Charter to the Council to acquire, condemn,
establish, construct, own, lease, operate and maintain an electric utility to provide light, power and other
electrical facilities and services, the Council may, by ordinance and without a vote of the electors, authorize
the electric utility to acquire, construct, provide, fund and contract for telecommunication facilities and
services within and outside the City's territorial limits, whether directly or in whole or pa rt through one or
more third-party providers. Alternatively, the Council may create by ordinance, and without a vote of the
electors, a telecommunications utility to exercise these same powers to furnish telecommunication facilities
and services within and outside the City's territorial limits. If the Council creates a telecommunications utility,
it may also establish that utility as an enterprise of the City in the same manner, with the same powers and
subject to the same requirements and limitations estab lished under Section 19.3(b) of Article V of this
Charter for the City's other enterprises. The Council may also exercise with respect to the
telecommunications utility the same general authority and powers granted to Council in this Charter with
respect to the City's other utilities.
(b) Issuance of debt obligations. The Council, acting as itself, the board of the electric utility enterprise or as the
board of the telecommunications utility enterprise, shall will have the power to issue revenue and refunding
securities and other debt obligations as authorized in Sections 19.3 and 19.4 of Article V of this Charter to
fund the provision of the telecommunication facilities and services authorized in this Section. The cumulative
total principal amount of any such securities and other debt obligations issued shall must not exceed one
hundred fifty million dollars ($150,000,000), except that any refunding of such securities or other debt
obligations shall will not be included in that cumulative total. The City's payment of and performance of
covenants under the securities and other debt obligations issued under this subsection (b) and any other
contract obligations of the City relating to the provision of telecommunication facilities and services under
this Section, shall will not be subject to annual appropriation so long as annual appropriation is not required
under Article X, Section 20 of the Colorado Constitution.
(c) Rates. The Council shall must set by ordinance the rates, fees and charges for furnishing the
telecommunication facilities and services authorized in this Section subject to the same limitations in Section
6 of Article XII of this Charter for setting the rates, fees and charges for other City utilities, except to the
extent this authority is delegated by Council pursuant to subsection (e) below. In setting such rates, fees and
charges, the Council may also include amounts payable to the City's general fund for a franchise fee, a
reasonable rate of return on any contributions from the general fund to acquire or construct
telecommunication facilities, and the repayment of any loans from the general fund used to support the
provision of telecommunication facilities and services under this Section, to include the payment of a
reasonable rate of interest on any such loans.
(d) Executive sessions. In addition to the authority to go into executive session as provided in Section 11 of
Article II of this Charter, the Council, and any board or commission established under subsection (e) below,
may go into executive session to consider matters pertaining to issues of competition in providing the
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telecommunication facilities and services authorized in this Section, which shall will include, without
limitation, matters subject to negotiation, strategic planning, pricing, sales and marketing, development
phasing and any other matter allowed under Colorado law.
(e) Delegation powers. As authorized in Section 1 of Article IV of this Charter, the Council may, by ordinance,
establish a Council-appointed board or commission and delegate to it, in whole or part, t he Council's
governing authority and powers granted under this Section concerning the furnishing of telecommunication
facilities and services by the City's electric utility or telecommunications utility, but not the power to issue
securities as provided in subsection (b), above which shall may only be exercised by the Council acting as
itself or as the board of the electric utility enterprise or as the board of the telecommunications utility
enterprise. The Council may also delegate by ordinance to the City Manager, in whole or part, its authority in
subsection (c) above to set the rates, fees and charges for furnishing telecommunication facilities and
services. Any Council ordinance delegating this authority shall must set forth the process to be used by the
delegate for the setting of these rates, fees and charges. In addition, the amount of the rates, fees and
charges so set by the delegate shall must be determined under the same criteria the Council is authorized
and required to follow in subsection (c) above.
(f) Definitions. For purposes of this Section, telecommunication facilities and services shall means those facilities
used and services provided for the transmission, between or among points specified by the user, of
information of the user's choosing, without change in the form or content of the information as sent and
received, to include, without limitation, any broadband Internet facilities and services using any technology
having the capacity to transmit data to enable a subscriber to the service to originate and receive high -
quality voice, data, graphics and video. Telecommunication facilities and services and "broadband Internet
facilities and services" are to be interpreted under this Section in the broadest possible way to cover the
widest range of technologies and technology infrastructure, regardless of how these terms may be defined
by federal or state law.
ARTICLE XIII. DEFINITIONS
Certain words and phrases used in this Charter are hereby declared to have the following meanings:
"Agency" means any organizational unit of the city.
"Allotment" means a portion of an appropriation made available for expenditure during a specified period of less
than one (1) year.
"Appropriation" means the authorized amount of funds set aside for expenditure during a specified time for a
specific purpose.
"City" means the City of Fort Collins, Colorado, a municipal corporation.
"Day" means a calendar day unless otherwise specified.
"Department" means a primary subdivision of a service area headed by a person who, regardless of title, is directl y
responsible to the director of the service area.
"Elector or taxpayer for a period of time" means that, if a person is required to be an elector or taxpayer for a
period of time as a qualification to vote, to be a candidate, or to hold an office, then he or she shall they must be
such during the entire and consecutive number of years next preceding the specified time.
"Emergency" means an existing condition actually arising from unforeseen contingencies which immediately
endangers public property, health, peace, or safety.
"Emergency ordinance" means an ordinance immediately necessary, on account of an emergency, to preserve the
public property, health, peace, or safety.
"Employees" means all persons in the compensated service of the city except Councilmembers.
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"Fort Collins Urban Growth Area" means that geographical area within and adjacent to the City of Fort Collins
identified by Intergovernmental Agreement between the City of Fort Collins and Larimer County as that area
identified for annexation and urbanization by the City of Fort Collins including the Urban Growth Area as it exists
on March 5, 1985, together with any amendments or changes thereto.
"Misdemeanor" means a violation of this Charter or of any city ordinance so designated, and it shall does not have
the meaning attached to it in the criminal statutes of the State of Colorado.
"Office" means an administrative, legislative, or judicial position in the service of the city.
"Officer" means a member of the City Council.
"Registered elector" or "elector" means a person residing in the city who has registered to vote in city elections in
the manner required by law.
"Service area" means a major city administrative unit designated as a service area by the City Council by ord inance.
"Vote of the electors" means a favorable vote by a majority of the electors voting in an election.
ARTICLE XIV. TRANSITIONAL PROVISIONS
Section 1. Purpose and status of this article.
The purpose of this Article is to provide an orderly transition from the Commission form of government of the city
to the Council-Manager form of government under provisions of this Charter and to prevent the impairment of any
contractual relationships between the city and the beneficiaries of any retirement plans of the city in effect on the
effective date of this Charter or the owners of any municipal bonds of the city then outstanding. This Article shall
will constitute a part of the Charter only to the extent and for the time required to accomplish that purpose.
Section 2. Transitional period.
The period from the effective date of this Charter to April 12, 1955, shall will be known as the transitional period.
During the transitional period the former Charter of the City shall will remain in effect, except that for the purpose
of nominating and electing members of the Council, or filling vacancies thereon, Article VIII of this Charter shall will
be immediately operative. This Charter shall will be fully operative at the close of the transitional period.
Section 3. Retirement plans.
This Charter shall will not affect any contractual relationships existing on the effective date of this Charter between
the city and any officers or employees by reason of any retirement plans then in effect.
Section 4. Outstanding and authorized bonds.
The provisions of this Charter shall do not affect municipal bonds outstanding on the effective date of this Charter.
Failure to observe requirements of the former Charter, as amended, governing city elections shall will not
invalidate any bonds authorized at any election held prior to the effec tive date of this Charter. Bonds authorized at
an election held prior to the effective date of this Charter may be issued in accordance with the provisions of this
Charter and when so issued shall will be the lawful and binding obligations of the city in accordance with their
import.
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Section 5. Saving clause.
This Charter shall does not affect any suit pending in any court on the effective date of its adoption. Nothing in this
Charter shall will invalidate any existing contracts between the city and individuals, corporations, or public
agencies.
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ORDINANCE NO. 068, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING SECTION 1 AND 18 OF ARTICLE II
OF THE CITY CHARTER RELATED TO VACANCIES AND
APPLICATION OF TERM LIMITS TO PARTIAL TERMS
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. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
F. At its December 10, 2024, and January 28, 2025, work sessions, the Council
provided positive feedback to staff in support of addressing vacancies on Council.
G. In the past, questions have arisen about the process for filling a Council
office vacancy and staff recommends revisions to clarify the process.
H. In the past, questions have arisen about whether a partial term of a person
who is either appointed or elected to fill a vacant Council seat will be considered to have
served a term in that office. Staff recommends revisions to clarify this point.
I. The proposed amendments to Section 1 of Article II clarify that any person,
whether appointed or elected to fill a vacancy on the Council, is considered to have served
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a term in that office for purposes of applying the term limit in Section 1 if they serve at
least one-half of a term of office.
J. The proposed amendments to Section 18 update the process for filling
vacancies in the office of the Mayor and district Councilmember in light of state and
related local law changes to election processes and timing, and provide that:
a. If a Council member or the Mayor’s office opens, it will be publicly
and promptly announced on the City’s website; and
b. If a District Councilmember office is vacant, Council then has 40
business days to choose a new member; and
i. if a district Councilmember's seat will be on the ballot because
it is regularly scheduled to be on the ballot or if the vacancy
arises when there are still at least ten days to collect
nominating signatures for the next City election begins, that
office will be on the ballot; and
c. If it is too late for a vacated district Councilmember office to be added
to the ballot for the next election, the Council will choose a new
Councilmember for that district after the new Council begins their
term; and
d. If the office of Mayor becomes vacant, the Mayor Pro Tem will
become the acting Mayor upon the date of vacancy and the Council
will elect a new Mayor Pro Tem at their next meeting; and
e. If at least 98 days remain in the term of the Councilmember serving
in the office of Acting Mayor, the Council will fill the district Council
seat temporarily open due to the assumption of the office of Acting
Mayor by the Mayor Pro Tem; and
f. The term of the appointed replacement district Councilmember will
continue through the earlier of the return of the Acting Mayor to their
original district Councilmember office or the end of the original term
of office; and
g. If fewer than 98 days remain in the term of the district
Councilmember whose seat is vacated, or who is serving as Acting
Mayor, the Council will consist of six (6) members until the beginning
of the term of the newly elected district Councilmember after the
election.
K. If there are multiple Charter amendments approved for the November 2025
ballot, the City Council will determine the order of the amendments on the ballot by motion
at the April 15 meeting.
L. The Council finds that these proposed revisions to Article II of the City
Charter, regarding filling vacancies in a City Council or Mayor office and the application
of a term limit to a partial term , are for the benefit of the people of Fort Collins, and the
Council desires to present the amendments to Article II set forth below to the voters for
approval at the November 4, 2025, municipal election.
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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. That the following proposed changes to Article II, of the Charter of
the City of Fort Collins shall be submitted to the registered electors of the City as a
Proposed Charter Amendment at the municipal election to be held on Tuesday,
November 4, 2025:
ARTICLE II. City Council
. . .
Section 1. Membership, Terms.
. . .
(e) Application of term limit to partial term.
Any person appointed or elected to fill a vacancy on the City Council and who serves at
least one-half of a term of office shall be considered to have served that term in that
office for the purposes of applying the applicable term limit.
. . .
Section 18. Vacancies.
(a) Vacancy. A vacancy exists when a Councilmember:
. . .
(b) If there is no qualified candidate for an elected office on a municipal election ballot,
the new Council organized after such election will appoint by majority vote a qualified
person to serve in the office in the manner described in the subsections below.
(c) A vacancy of either a Councilmember District office or the office of the Mayor will be
promptly announced to the public on the City’s website.
(d) Filling Councilmember district office vacancy.
(1) The Council must fill by appointment any vacancy of a District Councilmember
office within forty (40) business days of the vacancy announcement, unless either
the remaining term of the vacated office is less than ninety-eight (98) days in length
at the time of the announcement, or a newly constituted Council will fill the vacancy
by appointment as described in Subsection (3).
(i) If fewer than ninety-eight (98) days remain in the District Councilmember
term, pending the election and the commencement of the term of the newly
elected District Councilmember for that District, the Council will consist of
six (6) members.
Except for the office of Mayor, any vacancy on the Council must be filled within forty-
five (45) days by appointment of the Council. The person so appointed shall
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serve until the next regular election, when the electors will select a person to fill
the vacancy for the remainder of the term, if any. This selection process shall
be subject to the following exception: If the time for fill ing the vacancy by
appointment would fall within forty-five (45) days prior to any regular election,
and the remaining unexpired term of the Councilmember to be replaced is more
than two (2) years, then the vacancy shall be filled by the newly constituted
Council following their election, within forty-five (45) days after their terms of
office begin.
Under this exception, the term of office of the Councilmember appointed shall
run for the remainder of the replaced Councilmember's term. Any person
appointed to fill a Councilmember's vacated position shall have all the
qualifications required of regularly elected Councilmembers. In the case of a
vacancy representing a member elected from a District, any person appointed
or elected to fill such vacancy shall be from the same District, as such District is
constituted at the time of the appointment or election.
(ii) To assist with the appointment process, the Council may direct the City
Clerk to begin receiving applications for appointment at any time after
announcement of the vacancy.
(iii) Any person appointed to fill a Councilmember's vacated position must
have all the qualifications required of regularly elected
Councilmembers. In the case of a vacancy in a District Councilmember
office, any person appointed or elected to fill such vacancy must be
from the same District, as such District is constituted at the time of the
appointment or election.
(iv) The person so appointed shall serve until a duly elected District
Councilmember is sworn in to the office after the next regular election
or as otherwise specified in this Section, when the electors will select
a person to fill the vacancy for the remainder of the term, if any.
(2) If the announcement of a vacancy occurs before the period for circulating and
submitting nominating petitions for the next regular municipal election , or when
at least ten (10) days remain in that the period, the vacant office will be added to
the next regular election ballot.
(i) The period for circulating nominating petitions for the vacated office will be as
set forth in the Fort Collins Municipal Code, except that it must not begin earlier
than the announcement of the vacancy.
(3) If the announcement of a vacancy occurs later than the time set forth in
subsection (2), the vacated office will only appear on the next regular municipal
election ballot if that office is scheduled to be on the ballot under the regular
schedule provided in Section 1(b).
(i) If the vacated office is not on the regular municipal election ballot, the newly
constituted Council will fill the vacancy by appointment within forty (40)
business days after the beginning of their term.
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(e) Filling an Office of the Mayor vacancy. The following shall apply to filling vacancies
in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five (45) days prior to
the next regular election, the Mayor Pro Tem Upon the date of a vacancy in the
office of the Mayor, the Mayor Pro Tem shallwill become Acting Mayor, and the
Council shall elect a new Mayor Pro Tem. Both the Acting Mayor and Mayor Pro
Tem shall serve until the next regular election, at which time th e office of Mayor
shall be filled by the electors for a new term, and the Acting Mayor and Mayor
Pro Tem shall resume their duties as Councilmembers for the remainder of their
unexpired terms of office, if any. The vacancy on the Council created by the
Mayor Pro Tem assuming the office of Mayor shall be filled in accordance with
the provisions of Section 18(a)above.
(2) The Council will elect an interim Mayor Pro Tem at the next regular or special
Council meeting after the Mayor Pro Tem becomes Acting Mayor, as set forth in
Subsection 4.
(3) Except when fewer than ninety-eight (98) days remain in the District
Councilmember term of the Acting Mayor, the Council will fill the District
Councilmember seat temporarily open due to the assumption of the office of
Acting Mayor by the Mayor Pro Tem by appointment in accordance with
Subsection 18(c) and (d), above.
(i) The term of such appointed replacement District Councilmember will continue
through the earlier of the return of the Acting Mayor to their origi nal district
Councilmember office (if the term continues and someone other than the Acting
Mayor has been duly elected and sworn in as Mayor) or the end of the Acting
Mayor’s original term of the office.
(4) If the position of Mayor becomes vacant within the forty-five (45) business days
prior to any regular election, the duties of the Mayor shall be immediately
assumed by the Mayor Pro Tem, who shall serve as Acting Mayor until said the
regular election, at which time the office of Mayor shall be filled by the electors
for a new term. Pending the election and the commencement of the term of the
newly elected Mayor, the Council shall consist of six (6) members., and the
Council shall elect an interim Mayor Pro Tem. After the election, the Acting Mayor
and Interim Mayor Pro Tem shall resume their duties as Councilmembers for the
remainder of their unexpired terms of office, if any.If fewer than ninety-eight (98)
days remain in the District Councilmember term of the Acting Mayor, pending the
election and the commencement of the term of the newly elected District
Councilmember for that District, the Council will consist of six (6) members.
(35) Nothing herein shall preclude the Mayor Pro Tem or any member of
Councilmember from standing for election to the office of Mayor.
Section 2. That the following ballot title and submission clause are hereby adopted
for submitting a Proposed Charter Amendment to the voters at said election:
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CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall the Charter of the City of Fort Collins be amended to update the process
for filling a vacant Council or Mayoral office and to clarify how existing term limits
apply to partial terms to fill a vacancy, by:
Requiring the Council to appoint a replacement to fill a District
Councilmember vacancy within 40 business days, unless there are
fewer than 98 days (14 weeks) left in the term that was vacated, or
unless the vacancy comes up so close to an election that it’s too late for
the voters to elect a replacement (in which case the newly seated
Council will fill the vacancy after it takes office); and
Continuing the requirement that if the Mayor office is vacated, the Mayor
Pro Tem becomes the Acting Mayor; and
Requiring that if the Acting Mayor will be in that role for 98 days (14
weeks) or more, the Council will appoint a replacement District
Councilmember to serve in the seat while the Acting Mayor is Acting
Mayor; and
Establishing that when a member of Council is elected or appointed to
fill a vacancy and serves in that office for at least half of the term of office,
that service will count as a full term when applying the applicable term
limits (which are currently the term limits provided in the Colorado
constitution)?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
Page 440
Item 28.
-7-
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Carrie Daggett
Page 441
Item 28.
PROPOSED BALLOT QUESTIONS
CONSOLIDATED FOR REFERENCE
Ordinance No. 63 — A PROPOSED CHARTER AMENDMENT AMENDING ARTICLES
II, IX, AND X OF THE CITY CHARTER TO CORRECT ERRORS AND CONFORM TO
AMENDMENTS ADOPTED IN NOVEMBER 2024:
Shall Articles II, IX, and X of the Charter of the City of Fort Collins, be amended
to correct errors and eliminate outdated or unnecessary language in light of the
Charter amendments adopted in November 2024, by:
Clarifying in Section 2(d) of Article II that a registered elector must notify the City
Clerk before seeking a court determination to challenge the qualifications of any
member of the Council; and
Updating language in Section 2(e)(1) of Article IX about determining the number
of votes cast in a specific race to work with the new ranked voting rules that were
approved in November 2024; and
Changing language in Section 2(e)(1) of Article X to restore the number of days for
a signature gatherer to circulate an initiative petition by increasing it from 63 days
to 77 days?
Ordinance No. 64 — A PROPOSED CHARTER AMENDMENT AMENDING ARTICLES
II, IV AND XIII OF THE CITY CHARTER RELATED TO ALIGNMENT WITH AMENDED
OR FURTHER DEVELOPED LAWS AND REMOVING INCONSISTENCIES:
Shall Articles II, IV, XIII of the Charter of the City of Fort Collins be amended to
improve consistency with amended or further developed laws and removing
inconsistencies, in order to minimize conflicts between the Charter legal
developments, by:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to
Council elections for consistency with state law;
o Continue to prohibit a political party, public service corporations,
and persons or entities with city contracts from contributing to any
City Council election, while recognizing that some speech is
protected by the U.S. or Colorado constitution;
Adding definitions to Article XIII to correspond to the changes to Article II; and
Adding language to Section 11 of Article II incorporating state law pro visions
regarding City Council executive sessions; and
Clarifying language in Section 5 of Article IV that City records are available for
public inspection and disclosure consistent with state open records laws?
Page 442
Item 28.
Ordinance No. 65 — A PROPOSED CHARTER AMENDMENT AMENDING
ARTICLES II AND IV OF THE CITY CHARTER TO MODERNIZE CERTAIN
PROVISIONS:
Shall Articles II and IV of the Charter of the City of Fort Collins, be amended to
modernize publication requirements and requirements for adopting ordinances, by:
Revising Section 6 of Article II about adopting ordinances, resolutions, and
motions to:
o Make the provision easier to read and understand by adding
subsections, subsection titles and better organizing them;
o Remove language entitling any Councilmember to request that
an entire ordinance be read aloud at a Council meeting; and
Revising Section 7 of Article II about publication and effective date of
ordinances to:
o Allow an ordinance to proceed to adoption if publication of the
ordinance before adoption was not timely, so long as all other
notice requirements have been met; and.
o Cure late publication of ordinance after final passage if
publication completed within a reasonable period of time; and
o Delay the effective date of the ordinance until publication
requirements are met; and
o Toll the deadline to file a notice of referendum protest; and
Revising Section 7 of Article IV to require notice be published on the City’s
website and posted at City Hall, instead of publishing formal legal notices in a
local newspaper; and
Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins
about how to apply deadlines throughout the Charter in the manner already
enacted for Articles VIII, IX and X?
Ordinance No. 66 — A PROPOSED CHARTER AMENDMENT AMENDING ARTICLE
IV OF THE CITY CHARTER RELATED TO CONFLICTS OF INTEREST:
Shall Section 9 of Article IV of the Charter of the City of Fort Collins, regarding
conflicts of interest, be amended to:
Allow City Councilmembers or the Mayor to sell real property to the city if the
property is needed for a city project or public use, while retaining all
requirements for disclosure and refraining from involvement that otherwise
apply in the case of a conflict of interest; and
Allow City employees to rent property from the city with City Manager approval,
if it is for the city’s benefit and related to the employee’s performance of their
job?
Page 443
Item 28.
Ordinance No. 67 — A PROPOSED CHARTER AMENDMENT AMENDING THE CITY
CHARTER TO MODERNIZE AND UPDATE IT BY REFORMATTING AND UPDATING
LANGUAGE USAGE FOR EASE OF READING AND CLARITY AND ELIMINATING
INAPPLICABLE AND INVALID PROVISIONS:
Shall the Charter of the City of Fort Collins be amended to modernize and update
it by reformatting and updating language usage for ease of reading and clarity, and
eliminating inapplicable and invalid provisions, without undoing any substantive
Charter amendments approved by the voters at the Tuesday, November 4, 2025,
municipal election, by:
Changing the words "shall" to "will," "must" or “may,” or other words to improve
clarity; and
Making the language more inclusive by taking out words "he ” and “she” and
related word forms; and
Dividing sections into subsections and adding titles to subsections to make
them easier to read and understand; and
Eliminating transitional provisions that
o Address residency requirements for City department heads
appointed prior to March 6, 1985 (Section 3 of Article IV); and
o Set a mill levy cap on Council’s adoption of taxes (Section 6 of
Article IV), which Council must now adopt only with voter approval;
and
o Provide for transition from the prior Charter when the Charter was
adopted (Article XIV); and
Renumbering and updating section cross-references throughout the Charter?
Ordinance No. 68 — A PROPOSED CHARTER AMENDMENT AMENDING SECTION 1
AND 18 OF ARTICLE II OF THE CITY CHARTER RELATED TO VACANCIES AND
APPLICATION OF TERM LIMITS TO PARTIAL TERMS:
Shall the Charter of the City of Fort Collins be amended to update the process for
filling a vacant Council or Mayoral office and to clarify how existing term limits apply
to partial terms to fill a vacancy, by:
Requiring the Council to appoint a replacement to fill a District Councilmember
vacancy within 40 business days, unless there are fewer than 98 days (14 weeks)
left in the term that was vacated, or unless the vacancy comes up so close to an
election that it’s too late for the voters to elect a replacement (in which case the
newly seated Council will fill the vacancy after it takes office); and
Continuing the requirement that if the Mayor office is vacated, the Mayor Pro Tem
becomes the Acting Mayor; and
Requiring that if the Acting Mayor will be in that role for 98 days (14 weeks) or
more, the Council will appoint a replacement District Councilmember to serve in
the seat while the Acting Mayor is Acting Mayor; and
Establishing that when a member of Council is elected or appointed to fill a
vacancy and serves in that office for at least half of the term of office, that service
will count as a full term when applying the applicable term limits (which are
currently the term limits provided in the Colorado constitution )?
Page 444
Item 28.
Headline Copy Goes Here
Special Legal Counsel
Geoff Wilson
Carrie Daggett & Jenny Lopez
Filkins
City Attorney’s Office
City Charter Update
and Modernization
Project
04-01-25
Page 445
Item 28.
Headline Copy Goes Here
2
Council Priority to Modernize and Update City Charter
City Council Resolution 2024-024, Adopted a 2024-2026
Council Priority to Modernize and Update the City Charter:
Modernize and Update the City Charter
•Modernization and updating the City Charter is
necessary.
•A comprehensive review and update has not been
completed in over 25 years.
Page 446
Item 28.
Headline Copy Goes Here
3
Topics for Discussion
A.Summary of Amendments
B.Universal Computation of Time Provision +Maintaining
Provision in Election Related Articles OR One Universal
Computation of Time Provision
C.Numbering and Order of Amendments for the Ballot
Page 447
Item 28.
Headline Copy Goes Here
4
Council Feedback
Council work session feedback requested consideration of Charter
amendments to:
1) reformat the Charter for ease of reading, replacing unclear and
outdated language
2) update to align with state law and legal developments
3) correct errors
4) remove inconsistencies
5) modernize requirements
6) address process and timeline improvements.
Page 448
Item 28.
Headline Copy Goes HereSummary of Proposed Amendments -Item A. Ord. 063, 2025
5
Correction of Errors: corrections that reflect Council’s intent
and ensure uniformity throughout Charter in light of November
2024 amendments.
Article II, Sec. 2(d) –notice to Clerk for qualifications
challenge to align with revised Article VIII
X, Sec. 2 (e)(1) Initiative –increase total from 63 days to
77 days to circulate petition
Article IX, Sec. 2 (e)(2) Recall –corrected to % of first
choice votes cast
Page 449
Item 28.
Headline Copy Goes Here
6
Summary of Proposed Amendments –Item B. Ord. 064, 2025
Align With Law and Remove Inconsistencies:
Art. II, Sec. 8 –about contributions to Council
campaigns; continues to limit contributions while
recognizing that some speech is protected by law
Art. XIII, Sec. 8 --adds definitions to clarify which City
employees are restricted from contributing to Council
elections –aligns with state law
(continued)
Page 450
Item 28.
Headline Copy Goes Here
7
Summary of Proposed Amendments –Item B. Ord. 064, 2025
Align With Law and Remove Inconsistencies:
Art. II, Sec. 11 –allows Council to hold executive
sessions for list of purposes identified in state law
Art IV, Sec. 5 –clarifies that City records are available
for public inspection and disclosure consistent with
state open records laws
Page 451
Item 28.
Headline Copy Goes Here
8
Summary of Proposed Amendments –Item C. Ord. 065, 2025
Modernization:
Art. IV, Sec. 7 –updates publication requirements –
City website, City Hall and other locations as decided
by City Council rather than the local newspaper
Art II, Sec. 7 –addresses effect of missed or late
publication of ordinance and tolls deadline to file notice
of referendum protest
Page 452
Item 28.
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9
Summary of Proposed Amendments –Item C. Ord. 065, 2025
Modernization:
Art. II, Sec. 6 –removes language entitling a
Councilmember to request full reading of an ordinance
aloud during meeting + adds subsections and
subsection titles, reorganizes
Art. IV, new section 17 –adds computation of time for
general application to entire Charter
Page 453
Item 28.
Headline Copy Goes Here
10
Summary of Proposed Amendments –Item D. Ord. 066, 2025
Conflicts of Interest:
Art. IV, Sec. 9 –allows sale of real property by a
Councilmember to the City in limited circumstances while
retaining existing requirements to declare conflict and
abstain from participating. Limits include:
Fair market value
If City needs property to carry out City purposes or projects
Art IV, Sec. 9 –allows City to lease City property to City
employees in narrow circumstances:
City manager approval required
Opportunity to lease must be related to job duties
Page 454
Item 28.
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11
Summary of Proposed Amendments –Item E. Ord. 067, 2025
Reformatting and Updating Entire Charter:
Exhibit A to Ordinance –
reformatted for readability
replace outdated language for gender neutrality
eliminate unclear use of the word “shall”
divide lengthy sections into subsections and subsection
titles
Page 455
Item 28.
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12
Summary of Proposed Amendments –Item E. Ord. 067, 2025
Eliminates Obsolete Provisions :
Residency requirement for department heads for City
department heads appointed prior to March 6, 1983 –no
employee fits this category
Mill levy cap on Council’s adoption of taxes that Council
must now adopt with voter approval
Provide for transition from the prior Charter when the
Charter was adopted
Page 456
Item 28.
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13
Summary of Proposed Amendments –Item F. Ord. 068, 2025
District Councilmember and Mayor Vacancies–
Process:
Vacancy promptly and publicly announced
On City website
Page 457
Item 28.
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14
Summary of Proposed Amendments –Item F. Ord. 068, 2025
District Councilmember Vacancy—
Council has 40 business days to choose and appoint
new member
If seat scheduled on ballot OR if vacancy arises when at
least 10 days to collect nominating signatures, then:
The district seat will be on the ballot
Page 458
Item 28.
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15
Summary of Proposed Amendments –Item F. Ord. 068, 2025
District Councilmember Vacancy—
If too late to be on ballot for next election, Council will
choose and appoint after the new Council begins term
If less than 98 days in term of vacating Councilmember,
the Council will consist of six members until the
beginning of the term of the newly elected district
Councilmember after the election.
Page 459
Item 28.
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16
Summary of Proposed Amendments –Item F. Ord. 068, 2025
Mayor Vacancy—
Mayor Pro Tem becomes Acting Mayor on date of
vacancy
Council elects an Interim Mayor Pro Tem @ next meeting
Page 460
Item 28.
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17
Summary of Proposed Amendments –Item F. Ord. 068, 2025
Mayor Vacancy—
If at least 98 days left in term of Acting Mayor:
1)Council will fill District Council seat temporarily open
due to switch to Acting Mayor
2)Term of appointed replacement district Councilmember
will continue until either Acting Mayor returns to
original seat OR their original term ends
Page 461
Item 28.
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18
Summary of Proposed Amendments –Item F. Ord. 068, 2025
Mayor Vacancy—
If less than 98 days in term of Acting Mayor, the Council
will consist of six members until the beginning of the term
of the newly elected district Councilmember after the
election.
Page 462
Item 28.
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19
Time Computation Provision Question
•In 2024, voters approved adding time computation provisions in three
Articles (VIII -Elections, IX -Recall, and X-Initiative and Referendum)
The topic of time computation most often arises in interpreting
these articles.
Two Options:
1) Add time computation to the General Provisions Article IV (as
drafted)
2) Pass a motion approving Ord No. 065 with the amendment to
delete time computation from the ordinance and ballot language,
and keep time computation in the three listed articles
Page 463
Item 28.
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20
Numbering of Amendments
On April 15, Council will establish the order of the amendments
to be presented on the ballot by motion prepared by staff.
prepare the motion.
Page 464
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21
Page 465
Item 28.
File Attachments for Item:
29. Items Relating to the 2025 Coordinated Election.
A. Resolution 2025-048 Approving an Intergovernmental Agreement with Larimer County and
Directing Certification of Ballot Content for the 2025 Coordinated Election.
B. First Reading of Ordinance No. 069, 2025, Appropriating Prior Year Reserves in the General
Fund to Cover the Anticipated Costs of the 2025 Regular Municipal Election and to Fund
Additional Campaign Oversight.
The purpose of these items is to authorize the City Manager to enter into an Intergovernmental
Agreement (IGA) with Larimer County for the conduct of the 2025 November coordinated
election, and to direct the City Clerk to certify ballot content to the County no later than
September 5, 2025. Both of these actions are required by State statute for the City to coordinate
its regular municipal election with the County. Additionally, this Ordinance will authorize an
additional appropriation to cover the anticipated costs of the election based on an estimate
provided by Larimer County and will approve funding for campaign oversight based on a
recommendation from the City’s Election Code Committee.
Page 466
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
April 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Cecilia Good, Senior Deputy City Clerk
Sara Arfmann, Assistant City Attorney II
Carrie Daggett, City Attorney
SUBJECT
Items Relating to the 2025 Coordinated Election.
EXECUTIVE SUMMARY
A. Resolution 2025-048 Approving an Intergovernmental Agreement with Larimer County and Directing
Certification of Ballot Content for the 2025 Coordinated Election.
B. First Reading of Ordinance No. 069, 2025, Appropriating Prior Year Reserves in the General Fund to
Cover the Anticipated Costs of the 2025 Regular Municipal Election and to Fund Additional Campaign
Oversight.
The purpose of these items is to authorize the City Manager to enter into an Intergovernmental Agreement
(IGA) with Larimer County for the conduct of the 2025 November coordinated election, and to direct the
City Clerk to certify ballot content to the County no later than September 5, 2025. Both of these actions are
required by State statute for the City to coordinate its regular municipal election with the County.
Additionally, this Ordinance will authorize an additional appropriation to cover the anticipated costs of the
election based on an estimate provided by Larimer County and will approve funding for campaign oversight
based on a recommendation from the City’s Election Code Committee.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
Page 467
Item 29.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
BACKGROUND / DISCUSSION
At the November 2022 General Election, voters approved a change to the timing of the City’s regular
election to November in odd-numbered years. The first regular election held in November was done in
2023.
State statute requires that the City enter into an Intergovernmental Agreement (IGA) with the County
regarding the conduct of the coordinated election. In addition, the City must certify ballot content by the
statutory deadline of September 5, 2025.
The City portion of the ballot will contain contests for the offices of Mayor, and Councilmembers in Districts
1, 3, and 5, in addition to various Charter amendments being considered this same date or before the
statutory deadline. At least one TABOR item is expected, and staff is in conversation with local residents
regarding potential ballot questions.
As this is a coordinated election with the County, the Secretary of State’s Election Rules dictate the order
that matters will appear on the ballot. Pursuant to state statute City issues and questions will appear after
state and county measures on the ballot. The Secretary of State requires that City matters appear in the
following order:
(1) Referred measure to increase taxes;
(2) Referred measures to retain excess revenues;
(3) Referred measure to increase debt;
(4) Other referred measures;
(5) Initiatives to increase taxes;
(6) Initiatives to retain excess revenue;
(7) Initiatives to increase debt; and
(8) Other citizen petitions.
Candidates will be placed on the ballot in alphabetical order under each particular race. All ballot measures
in each category will appear in the order that they are certified to the ballot after the protest period has
ended, or if a protest was filed after the protest has been completed.
Costs of the election remain difficult to project since this is the first year that ranked voting will be used for
Fort Collins races and the City will solely bear the associated costs since no other jurisdictions involved in
the coordinated election will be doing the same and sharing in the costs. Due to this uncertainty, during
the Budgeting for Outcomes process it was decided that additional costs could be requested during the
end of the year cleanup process once all costs were readily known. However, the City Manager is unable
to legally execute an Intergovernmental Agreement (IGA) that is not fully funded, resulting in the expedited
ask. The IGA is attached as Exhibit A to the Resolution. The amount requested ($317K) is the highest
amount estimated by the County which assumes no participation from the State or County ($431K) and
takes into account the amount previously appropriated ($164K), less $50K for election outreach related to
ranked voting; ($431K - $114K). Staff will continue to work with the County to identify any State grants
that might be available to help offset the cost. Should the cost of the election result in a lower amount than
anticipated, all additional funds will roll back into the account from where they were taken and not utilized
for any other reason.
The second appropriation ask is for $40,500 to cover anticipated costs associated with additional election
oversight as recommended by the Election Code Committee (ECC).
The appropriation request included in Ordinance No. 041, 2025 for the Ranked Choice Voting preparation,
in the amount of $67,978, is separate from this request and will be used for education and outreach for
ranked choice voting.
Page 468
Item 29.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
During the January 2025 ECC meeting, staff presented on research done related to election oversight.
Although there was some interest from the League of Women Voters and others to form an election
oversight board with quasi-judicial powers, the ECC suggested that a good first step might be contracting
with an outside impartial service provider for the purpose of providing campaign oversight. This service
provider would work under the guidance of the City Clerk and City Attorney helping to perform proactive
reviews of campaign finance reports and work with candidates and committee representatives to fix errors.
This provider might also be instrumental in assisting with review of any election complaints that come in,
related investigations, and to again work with candidates and committees to find resolution where possible.
A proposed scope of duties is attached as Exhibit A to the Ordinance.
The proposed cost of $40,500 primarily covers campaign finance report reviews. There will be 9 reports
due per committee. If there are an estimated 12 candidates and 3 issue committees, there would be 135
reports to be reviewed. If that work took approximately 3 hours for each report, this would take 405 hours.
A service provider that charges $100/hour would receive $40,500. Staff understands that there is variability
in many items, including the number of committees, and the complexity of each report filed. Some reports
may take an hour or less to review but others may take more. If there are additional monies available,
more time might be available to assist with complaints and/or other election oversight items (checking for
paid-for by statements on materials is an example of additional proactive oversight that could be provided).
The goal of this effort is to promote accountability, reduce the number of complaints received, and increase
trust in the local election. Having an outside service provider helps eliminate any conflicts of interest with
City Clerk and City Attorney staff with potential and/or elected Council candidates.
If approved by Council, it is staff’s intent to work through the appropriate City purchasing requirements and
get a service provider identified and trained by May 1st so they are ready to review the first campaign
reports that are due.
CITY FINANCIAL IMPACTS
This item requires additional appropriations of $357,500 from the General Fund reserves. $317,000 is
needed to cover the remainder of the anticipated election costs and $40,500 to cover the proposed election
oversight services.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
These changes reflect the recommendations of the Election Code Committee.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution for Consideration
2. Exhibit A to Resolution
3. Ordinance for Consideration
4. Scope of Work
5. Presentation
Page 469
Item 29.
-1-
RESOLUTION 2025- 048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY AND DIRECTING CERTIFICATION OF BALLOT
CONTENT FOR THE 2025 COORDINATED ELECTION
A. 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 of Fort
Collins.
B. The City’s regular municipal election will be conducted on Tuesday,
November 4, 2025, by Larimer County in conjunction with the coordinated election on the
same date (“City Election”).
C. Staff anticipates continued discussion of potential Charter amendments that
may be submitted to the voters at the City Election .
D. For the coordinated election to proceed, the County requires execution of
an intergovernmental agreement, described on Exhibit A, attached hereto and
incorporated herein by this reference (the “Election IGA”), setting out the terms and
conditions for the process, including the commitment to pay the costs of the election
attributable to the City Election.
E. In order for particular questions to be included in the ballot for the City
Election, the City must certify the ballot content to the Larimer County Clerk and Recorder
prior to the final deadline of September 5, 2025.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Manager is hereby authorized and directed to enter into the
Election IGA.
Section 2. The City Clerk is hereby directed to certify the ballot content for the
City Election, to be held in conjunction with the Larimer County coordinated election, to
the Larimer County Clerk and Recorder no later than September 5, 2025, for any ballot
titles set by the City Council prior to said date.
Page 470
Item 29.
-2-
Passed and adopted on April 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 1, 2025
Approving Attorney: Sara Arfmann
Page 471
Item 29.
INTERGOVERNMENTAL AGREEMENT FOR 2025 COORDINATED ELECTION
This Intergovernmental Agreement (“Agreement”) is entered into by and between the Larimer County
Clerk and Recorder (“County Clerk”) and the ____________________________________________ (“Entity”).
Agreement is made effective upon the signature of Entity and County Clerk.
WHEREAS, County Clerk and Entity are authorized to conduct elections as provided by law; and
WHEREAS, County Clerk will conduct an election on November 4, 2025 as a “Mail Ballot Election,” (the
“Election”) as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended
(“Code”) and the current Colorado Secretary of State Election Rules, as amended (“Rules”); and
WHEREAS, Entity has certain ballot race(s), ballot question(s) and/or ballot issue(s) to present to its
eligible electors and desires to coordinate with County Clerk; and
WHEREAS, pursuant to C.R.S. §1-7-116(2), as amended, County Clerk and Entity shall enter into an
agreement for the administration of their respective duties concerning the conduct of the
coordinated election, and said agreement must be executed no less than 70 days prior to the Election
which is August 26, 2025.
NOW, THEREFORE, for and in consideration of the promises herein contained, the sufficiency of which
is hereby acknowledged, County Clerk and Entity agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
A.Goal.
The purpose of Agreement is to set forth the respective tasks in order to conduct Election and to
allocate the cost thereof.
B.Coordinated Election Official.
County Clerk shall act as the Coordinated Election Official (“CEO”) in accordance with Code and
Rules and shall conduct Election for Entity.
County Clerk designates as the primary liaison (“Contact Officer”) between County Clerk and Entity:
Name: Michele Mihulka
Phone: 970.498.7932
Email: Michele.Mihulka@larimer.gov
Fax: 970.498.7847
Contact Officer shall act under the authority of County Clerk and shall have primary responsibility for
the coordination of Election with Entity.
EXHIBIT A TO RESOLUTION 2025-048
Page 472
Item 29.
C.Designated Election Official.
Entity designates as its Designated Election Official (“DEO”) to act as the primary liaison between Entity
and Contact Officer:
Name:
Phone:
Email:
Fax:
DEO shall have primary responsibility for Election procedures to be handled by Entity. DEO shall act in
accordance with Code and Rules. DEO shall be readily available and accessible during regular
business hours, and at other times when notified by Contact Officer in advance, for the purposes of
consultation and decision-making on behalf of Entity. In addition, DEO is responsible for receiving and
timely responding to inquiries made by its voters or others interested in Entity’s election.
D.Jurisdictional Limitation.
Entity encompasses territory within Larimer County, Colorado. Agreement shall be construed to apply
only to that area of Entity situated within Larimer County.
E. Term.
The term of Agreement shall be through December 31, 2025 and shall apply only to Election.
F.Ranked Voting Election.
Entity’s Charter requires that, for all regular city elections after January 1, 2025, the offices of Mayor
and of each District Councilmember shall be elected using a “ranked voting method,” and
Agreement addresses the additional responsibilities and the allocation of costs for the conduct of a
ranked voting election.
In accordance with Colorado Secretary of State Rule 26.1, a local government may only conduct a
ranked voting election if there are three or more candidates who have qualified for the ballot for
that contest, or when there is a combination of at least two candidates who have qualified for the
ballot for that contest plus at least one qualified write-in candidate. If Entity does not certify at least
one contest that meets the requirements for a ranked voting election, the additional responsibilities
and the allocation of costs for the conduct of a ranked voting election will not apply.
ARTICLE II
DUTIES OF COUNTY CLERK
A.Voter Registration.
Supervise, administer, and provide necessary facilities and forms for all regular voter registration sites.
EXHIBIT A TO RESOLUTION 2025-048
Page 473
Item 29.
B. Ballot Preparation.
1. Lay out the text of the ballot in a format that complies with Code and Rules. In accordance
with Colorado Secretary of State Rule 4.1.2(c), County Clerk requires that each ballot
question and ballot issue be not more than 250 words. Additional costs incurred for ballot
language length exceeding 250 words are referenced in Article IV(B).
2. Assign the letter and/or number of Entity's ballot question(s) or ballot issue(s) which will
appear on the ballot and provide this assignment to Entity.
Initial on the line provided below to indicate acknowledgement.
____________________________________________
ENTITY INITIALS
3. Provide ballot printing layouts and text for Entity’s review and signature. If Entity fails to
provide approval by the required deadline, the content is to be considered approved.
4. Certify the ballot content to the printer(s).
5. Contract for ballots.
C. Voter Lists.
Upon request of Entity, create and certify a list of registered voters containing the names and
addresses of each elector registered to vote in Entity.
D. Property Owners.
Only applicable to Elections conducted under titles in which property owners are eligible to vote.
Automatically mail property owner ballots to active, registered voters who own (or lease, if appliable)
property within the district boundaries of Entity and are certified as eligible by the DEO. See Article
III(G)(3).
E. Election Judges.
Appoint and compensate a sufficient number of election judges to conduct Election.
F. Mail Ballot.
1. Mail ballot packets to every active registered elector and conduct Election in accordance
with C.R.S. Title 1, Article 7.5.
2. Establish drop boxes in accordance with C.R.S. §1-5-102.9(5) for the purposes of allowing
electors to drop-off their completed mail ballots.
G. Voter Service and Polling Center (“VSPC”) sites.
1. Establish VSPC sites in accordance with C.R.S. §1-5-102.9, coordinate the location and
operation of the VSPC sites, and conduct all accessibility site surveys.
2. Obtain and provide all ballots, forms, equipment and supplies necessary for mail and
accessible voting.
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3. Obtain and provide all ballots, forms, equipment and supplies necessary to verify and issue
ballots to property owners who are registered to vote in the State of Colorado but who do
not reside in Entity. Only applicable to Elections conducted under titles where owning
property in the political subdivision is a requirement for voting in Election.
4. Provide all necessary Election personnel to conduct Election.
H. Voting Jurisdiction.
Pursuant to C.R.S. §1-5-303 and subject to Entity providing the information referenced in Article III(C)(1),
County Clerk shall provide an Address Library Report from the Statewide Colorado Voter Registration
and Election database (“Address Library Report”) no later than August 9, 2025, which will list the street
addresses located in both Entity and Larimer County according to the statewide voter registration
system. In order to create Address Library Report, County Clerk must first receive from Entity the
information referenced in Article III(C)(1).
I. Election Day Preparation.
1. Provide, no later than twenty days before Election, notice by publication of a mail ballot
election. Such notice shall satisfy the publication requirement for all entities participating in
Election pursuant to C.R.S. §1-5-205(1.4).
2. Prepare and conduct pre-election logic and accuracy testing in accordance with C.R.S.
§1-7-509 and Rules.
3. Provide necessary electronic voting equipment together with personnel and related
computer equipment for pre-election logic and accuracy testing and Election Day needs.
4. Prepare and conduct a risk-limiting audit in accordance with C.R.S. §1-7-515 and Rules.
J. TABOR Notice.
1. Coordinate the printing and labeling of the TABOR notice and mail it to all registered voters
within Entity not less than thirty days prior to Election in compliance with Article X, Section 20
of the Colorado Constitution and any applicable Code and Rules.
2. Charge Entity for all expenses associated with printing, labeling, and mailing (postage) for
the TABOR notice. Said expenses shall be prorated among all Entities participating in the
TABOR notice. Such proration shall be based, in part, upon the number of addresses where
one or more active registered voters of Entity reside.
3. Determine the least cost method for mailing the TABOR notice and address the TABOR
notice to “All Registered Voters” at each address in Larimer County where one or more
active registered voters of Entity reside.
4. Nothing herein shall preclude County Clerk from sending the TABOR notice of Entity to
persons in addition to the electors of Entity if such sending arises from County Clerk’s efforts
to mail the TABOR notice at the least cost.
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K. Counting Ballots.
1. Conduct and oversee the ballot counting process and report the results for each race and
measure.
2. Establish backup procedures and backup sites for ballot counting should counting
equipment and/or building facilities fail. In such event, counting procedures will be moved
to a predetermined site.
L. Certifying Results.
1. Convene the Board of Canvassers.
2. Certify the results of Entity’s Election within the time required by law and provide Entity with
a copy of all Election statements and certificates required under Code and Rule.
3. Conduct a recount (if called for) in accordance with Code and Rule.
M. Recordkeeping.
1. Retain all Election records as required by C.R.S. §1-7-802.
2. Keep an accurate account of all Election costs.
N. Ranked Voting Election.
1. Education and Outreach Campaign. County Clerk and Entity will work together to make
sure that educational materials regarding ranked voting are accurate. County Clerk and
Entity will distribute said materials throughout the community to educate on ranked voting
information. County Clerk and Entity will communicate regarding events in the community
each will attend and/or host to educate on ranked voting information and make such
events available to the other party when possible. County Clerk will provide its explanation
of ranked voting and voter instructions in English and in every language in which a ballot is
required to be made available pursuant to Colorado Revised Statutes and the federal
"Voting Rights Act of 1965" on its website and social media pages. County Clerk will train
Election Judges serving at VSPCs as well as County Clerk’s office staff on ranked voting
instructions to support voter inquiries.
2. Requirements for Conducting the Ranked Voting Election. County Clerk can accommodate
a maximum of ten rankings in its voting system. County Clerk will include an explanation of
ranked voting and ranked voting instructions for voters in its election plan, with each mail
ballot that includes a ranked voting contest, and at each VSPC.
County Clerk will issue the summary report, ballot image report, and comprehensive report
as required by C.R.S. §1-7-1003(7) and publish the reports on the County website. County
Clerk will audit each ranked voting race before the Canvass Board certifies election results.
O. No Expansion of Duties.
Nothing contained in Agreement is intended to expand the duties of County Clerk beyond those set
forth in Code or Rules.
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ARTICLE III
DUTIES OF ENTITY
A. Authority.
Provide County Clerk with a copy of the ordinance or resolution stating that Entity will participate in
Election in accordance with the terms and conditions of Agreement. The ordinance or resolution shall
further authorize the presiding officer of Entity or other designated person to execute Agreement.
B. Call and Notice.
Publish all notices relative to Election which Entity is required to provide pursuant to Code, Rules,
Entity’s Charter and any other statute, rule, or regulation.
C. Voting Jurisdiction – Certifying Entity Address Boundaries.
1. If Entity is not already identified by a tax authority code in the County Assessor’s records,
Entity must:
• Provide County Clerk with a legal description, map and listing of street addresses
located within Entity in Larimer County, no later than 5:00 p.m. on August 1, 2025.
o This information must be provided to County Clerk in Microsoft Excel.
• Certify the accuracy of such information.
2. If Entity has annexed any properties into Entity since January 1, 2025, Entity must:
• Provide County Clerk with a legal description, map and listing of street addresses for
all properties annexed into Entity in Larimer County, no later than 5:00 p.m. on August
1, 2025.
o This information must be provided to County Clerk in Microsoft Excel.
• Certify the accuracy of such information.
3. Review all information in Address Library Report referenced in Article II(H) and ensure that
Address Library Report is an accurate representation of the streets contained within Entity’s
legal boundaries.
4. Indicate on Address Library Report Sign-Off Form (“Sign-Off Form”) whether any changes
are needed, or whether Address Library Report is complete and accurate.
• If Entity requests any changes to Address Library Report on Sign-Off Form, County
Clerk will make the requested changes and return the amended Address Library
Report to Entity along with a second Sign-Off Form, no later than 5:00 p.m. on
August 22, 2025.
5. Return the final certified Sign-Off Form to County Clerk, no later than 5:00 p.m. on August
26, 2025.
D. Petitions, Preparation and Verification.
Perform all responsibilities required to certify any candidate, initiative petition, question, or issue to the
ballot.
E. Ballot Preparation.
1. Determine whether a ballot race, ballot question, or ballot issue is properly placed before
the voters.
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2. Prepare a list of candidates and the ballot title and text for each ballot question and ballot
issue. County Clerk requires that each ballot question and ballot issue be not more than 250
words in accordance with Colorado Secretary of State Rule 4.1.2(c). Additional costs
incurred for ballot language length exceeding 250 words are referenced in Article IV(B).
Each ballot issue or ballot question submitted shall be followed by the words "yes/for" and
"no/against".
Initial on the line provided below to indicate acknowledgement:
____________________________________________
ENTITY INITIALS
3. Provide a certified copy of the ballot content [race(s), question(s) and issue(s)] to County
Clerk no later than 5:00 p.m. on September 5, 2025, pursuant to C.R.S. §1-5-203(3)(a). Entity
must submit certified ballot content to the County Clerk using the form provided by the
County Clerk.
The ballot content must be certified exactly in the order in which it is to be printed on the
ballot pages and sample ballots.
The certified list of ballot race(s), ballot question(s) and/or ballot issue(s) submitted by Entity
shall be final.
4. Proofread and approve Entity’s ballot content for printing immediately upon receipt from
County Clerk. Due to time constraints, DEO must be available for proofing and approving
ballot content from 8:00 a.m. to 7:00 p.m. from September 9, 2025 until September 12, 2025,
or until final approval of printing of ballots has been reached. County Clerk agrees to keep
DEO informed of ballot printing status.
Once approval has been received, County Clerk will not make any changes to the ballot
content. If Entity fails to provide approval by the required deadline, the content will be
considered approved.
5. Ensure that Entity’s certified candidates file all Campaign and Political Finance forms
required by the Colorado Secretary of State Rules Concerning Campaign and Political
Finance with the appropriate filing office. Candidates required to file with the Secretary of
State must file electronically using the online campaign finance reporting system, TRACER:
http://tracer.sos.colorado.gov.
Candidates in municipal elections file with the municipal clerk.
6. Provide (or ensure that Entity’s certified candidates provide) an audio pronunciation of all
candidates’ names as they have been certified to County Clerk, no later than 5:00 p.m. on
September 5, 2025. See Exhibit E for details.
Initial on the line provided below to indicate acknowledgement.
____________________________________________
ENTITY INITIALS
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7. Defend and resolve at Entity’s sole expense all challenges relative to the ballot race(s),
ballot question(s) and/or ballot issue(s) as certified to County Clerk for inclusion in Election.
F. Election Participation and Contingency Planning.
If requested by County Clerk, provide person(s) to participate and assist in Election process. The
person(s) provided by Entity must be registered to vote in the State of Colorado.
In the event of the loss of a VSPC location within Entity’s boundaries, collaborate with County Clerk to
establish a contingency location for voting.
Initial on the line provided below to indicate acknowledgement.
____________________________________________
ENTITY INITIALS
G. Property Owners.
Only applicable to Elections conducted under titles where owning property in the political subdivision
is a requirement for voting in Election.
1. Notify and provide information and materials to property owners regarding the location(s)
which an eligible elector may vote at any VSPC site.
2. Obtain a list of Entity’s property owners from the County Assessor's office in accordance with
C.R.S. §1-5-304. Property owners listed in the County Assessor’s property records may not
be eligible electors of Entity. Entity must review and verify the eligibility of property owners
to receive Entity’s ballots.
3. No later than October 9, 2025, certify to County Clerk a list of eligible electors who:
• Own (or lease, if applicable – consult legal counsel) property within the district
boundaries of Entity;
• Are registered to vote in the State of Colorado and whose voter records are active
(not inactive, incomplete, or cancelled);
• Are or will be at least 18 years of age as of November 4, 2025; and
• Are not already registered to vote within the district boundaries of Entity.
The list must be in Excel (.xls/.xlsx) format and must include the following columns:
Each eligible elector must be listed as a separate entry.
Exclude Trusts, LLC, Corporations and Entities if ineligible to vote – consult legal counsel.
4. Between October 10 and October 27, 2025, provide to County Clerk the names of newly
eligible electors, if any, who meet the same criteria (and in the same format) as in Article
III(G)(3).
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H. TABOR Notice.
1. Prepare the language for the TABOR notice [for any ballot issue(s) that require a TABOR
notice] in compliance with Article X, Section 20 of the Colorado Constitution and any
pertinent Code and Rules.
Entity shall be solely responsible for timely providing to County Clerk a complete TABOR
notice. County Clerk shall in no way be responsible for Entity’s compliance with TABOR or
the accuracy or sufficiency of any TABOR notice.
2. Receive written comments relating to ballot issue(s) and summarize such comments, as
required by TABOR.
3. Certify and submit all TABOR notice content, including pro and con summaries and fiscal
information, to County Clerk no later than 5:00 p.m. on September 22, 2025, pursuant to
C.R.S. §1-7-904. Such notice shall be provided to County Clerk as an email attachment to
elections@larimer.gov.
Entity shall be solely responsible for the preparation, accuracy, and contents of its TABOR
notice(s). The certified TABOR notice, including all text, summary of comments and fiscal
information shall be final. County Clerk may correct any spelling, grammar or formatting
errors identified in Entity’s certified TABOR notice, so long as those corrections do not
change or otherwise impact the meaning of Entity’s TABOR notice content.
4. Proofread and approve Entity’s TABOR notice content for printing. Due to time constraints,
DEO must be available for proofing and approving TABOR notice content for printing from
8:00 a.m. to 7:00 p.m. from September 22, 2025 until September 26, 2025, or until final
approval of the TABOR notice has been reached. County Clerk agrees to keep all contact
personnel informed of TABOR notice printing status. Entity has designated:
Once approval has been received, County Clerk will not make any changes to the TABOR
notice content. If Entity fails to provide approval by the required deadline, the content will
be considered approved.
5. Mail the TABOR notice to each address of one or more active registered electors who own
property but who do not reside within Entity in accordance with C.R.S. §1-7-906(2).
I. Ranked Voting Election.
1. Education and Outreach Campaign. County Clerk and Entity will work together to make
sure that educational materials regarding ranked voting are accurate. County Clerk and
Entity will distribute said materials throughout the community to educate on ranked voting
information. County Clerk and Entity will communicate regarding events in the community
each will attend and/or host to educate on ranked voting information and make such
events available to the other party when possible. Entity will provide its explanation of
ranked voting and voter instructions in English and in every language in which a ballot is
required to be made available pursuant to Colorado Revised Statutes and the federal
“Voting Rights Act of 1965” on its website, newsletters, and social media pages.
2. As required by C.R.S. § 1-7-118(1), Entity must provide notice to County Clerk at least 100
days before the election if it is conducting a ranked voting election.
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J. Cancellation of Election by Entity.
If Entity resolves not to participate in Election, Entity must immediately deliver to Contact Officer written
notice that it is withdrawing one or more ballot questions or ballot issues; provided, however that Entity
may not cancel after the 25th day prior to Election, October 10, 2025, pursuant to C.R.S. §1-5-208(2).
Entity must reimburse County Clerk for the actual expenses incurred in preparing for Election. If
cancellation occurs after the certification deadline, full election costs may be incurred. Entity must
publish all notices relative to Election which Entity is required to provide pursuant to Code, Rules,
Entity’s Charter and any other statute, rule or regulation.
ARTICLE IV
COSTS
A. Election Costs. Entity shall be charged and pay for election costs associated with its ballot
race(s), question(s), and/or issue(s). These election costs will include a proportionate share of
common election costs pursuant to Section A(1), and other costs pursuant to Section A(2)
(collectively “Election Costs”), as applicable.
1. Shared Common Election Costs. Entity shall be charged and pay a proportional share of
costs that are not reimbursed by the state pursuant to C.R.S. §1-5-505.5(1)(a), based on
County expenditures relative to Election and the number of eligible electors (including
property owners, if applicable) per Entity, in accordance with C.R.S. §1-7-116(2)(b). Shared
costs include, but are not limited to:
• Election Staff Wages (Overtime/Compensatory Time)
• Temporary Staff Wages
• Election Judge and Canvass Board Wages
• Printing – Ballots, Envelopes, Forms
• Ballot Programming, Insertion, and Mailing Services
• VSPC Location Expenses
• Security Expenses
• Election Notice Printing and Publication
• Mailing Costs (Postage and shipping)
• Contingency Expenses
2. Other Election Costs. In addition to its proportionate share of common election costs, Entity
shall be charged and pay the following, as applicable:
a. Unique Costs. Entity shall pay any additional or unique election costs resulting
from Entity delays and/or special preparations or cancellations relating to Entity’s
participation in Election. Special preparations can include, but are not limited to:
ballot addendums, affidavits, ballot language length exceeding 250 words or
multiple page ballot.
b. Recount Costs. The cost of any recount(s) will be charged to Entity. If more than
one Entity is involved in the recount, the cost will be prorated among the Entities
participating in the recount.
c. Ranked Voting Costs. In accordance with C.R.S. § 1-7-118(2), Entity shall pay the
reasonable increased costs associated with the use of a ranked voting method,
including but not limited to costs related to election setup licensing costs pursuant
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Item 29.
to C.R.S. § 1-5-603(2)(b), programming, ballot design, additional voter information
and education, and tabulation.
Any additional increased costs that must be incurred by County Clerk for
a ranked voting contest prior to Entity’s candidate deadline will be charged to
Entity even if Entity does not certify at least one contest that meets the
requirements for a ranked voting election.
Entity will not be responsible for all associated increased costs if another
entity in a coordinated election uses a ranked voting method. County Clerk will
divide any shared ranked voting election costs amongst all entities using ranked
voting methods during Election.
d. TABOR Costs. Entity shall pay a prorated amount for the costs to coordinate, label
and print the TABOR notice, and for the mailing of such notice. Such proration to be
based, in part, on addresses where one or more active registered electors of Entity
reside.
B. Cost Estimate.
1. Preliminary estimates of Shared Common Election Costs, which are based on different
scenarios of entities that may or may not participate in the Election, and including
estimated Ranked Voting Costs if applicable, are attached to this Agreement as follows:
a. Exhibit A (STATE participates, COUNTY participates)
b. Exhibit B (STATE participates, COUNTY does not participate)
c. Exhibit C (STATE does not participate, COUNTY participates)
d. Exhibit D (STATE does not participate, COUNTY does not participate)
County Clerk will provide an updated cost estimate once all entities have been certified
to the ballot. That update will include estimated TABOR costs if applicable. Estimated
Recount costs will be provided once it is anticipated there will be a recount. Given the
nature of Unique costs, estimates may not be given but the County Clerk will keep Entity
reasonably appraised of any such costs if unique circumstances occur.
C. Invoice. County Clerk shall submit to Entity an invoice for all Election Costs that Entity is
responsible to pay under Agreement, and Entity shall remit to County Clerk the total due upon
receipt. Any amount not paid within 30 days after receipt of the invoice will be subject to an interest
charge at the lesser of 1 ½% per month or the highest rate permitted under law.
D. Funds Appropriated. By signing this Agreement Entity affirms that it has sufficient funds
available in its approved budget to pay its estimated share of Election Costs, including all reasonably
anticipated Unique Costs, Recount Costs, Ranked Voting Costs, and TABOR costs .
ARTICLE V
MISCELLANEOUS
A. Entire Agreement.
Agreement and its Exhibits constitute the entire agreement between County Clerk and Entity as to the
subject matter hereof and supersede all prior or current agreements, proposals, negotiations,
understandings, representations and all other communications, both oral and written.
B. Liability and Immunity.
County Clerk and Entity agree to be responsible for its own acts and omissions, and those of its officers,
agents and employees, to the extent required by law, subject to and without waiving the notice
EXHIBIT A TO RESOLUTION 2025-048
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Item 29.
requirements, immunities, rights, benefits, defenses, limitations, and protections available under the
Colorado Governmental Immunity Act as currently written or hereafter amended.
In the event a court of competent jurisdiction finds Election for Entity was void or otherwise fatally
defective as a result of the sole breach or failure of County Clerk to perform in accordance with
Agreement or laws applicable to Election, Entity shall be entitled to recover expenses or losses caused
by such breach or failure up to the maximum amount paid by Entity to County Clerk under this
Agreement. County Clerk shall in no event be liable for any expenses, damages or losses in excess of
the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the
breach available to Entity.
C. Conflict of Agreement with Law, Impairment.
Should any provision of Agreement be determined by a court of competent jurisdiction to be
unconstitutional or otherwise null and void, it is the intent of County Clerk and Entity hereto that the
remaining provisions of Agreement shall be of full force and effect.
D. Time of Essence.
Time is of the essence in the performance of Agreement. The time requirements of Code and Rules
shall apply to completion of required tasks.
E. No Third Party Beneficiaries.
Enforcement of the terms and conditions of Agreement and all rights of action relating to such
enforcement shall be strictly reserved to County Clerk and Entity, and nothing contained herein shall
give or allow any such claim or right of action by any other person or Entity.
F. Governing Law; Jurisdiction & Venue.
Agreement, the interpretation thereof, and the rights of County Clerk and Entity under it will be
governed by, and construed in accordance with, the laws of the State of Colorado. The courts of the
State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under
Agreement. Venue for any and all legal actions arising shall lie in the District Court in and for the
County of Larimer, State of Colorado.
G. Headings.
The section headings in Agreement are for reference only and shall not affect the interpretation or
meaning of any provision of Agreement.
H. Severability.
If any provision of Agreement is declared by a court of competent jurisdiction to be invalid, void or
unenforceable, such provision shall be deemed to be severable, and all other provisions of
Agreement shall remain fully enforceable, and Agreement shall be interpreted in all respects as if such
provision were omitted.
I. Amendments/Modifications.
As the Election approaches the Secretary of State may adopt new or different election rules that
change or add obligations and procedures relevant to the Election. In such event, the Parties agree
to comply with any such mandatory changes and this IGA shall be deemed automatically amended
to incorporate same. As time allows, the Clerk and Recorder will attempt to circulate any such
election rule changes to Entity and the Parties agree to communicate as necessary to implement
such changes.
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Item 29.
Amendments or strikethroughs to this Agreement are not allowed without written consent of both
parties.
IN WITNESS WHEREOF, the parties hereto have executed Agreement to be effective upon the date
signed by both parties.
COUNTY CLERK
___________________________________ ___________________________________
TINA HARRIS Date
LARIMER COUNTY, COLORADO
CLERK AND RECORDER
ENTITY
___________________________________ ___________________________________
Name of Entity Date
BY:
_________________________________________ _____________________________________
Printed Name of Authorized Representative Signature of Authorized Representative
Signing on behalf of Entity
___________________________________
Title of Authorized Representative
__________________________________
Entity phone number
EXHIBIT A TO RESOLUTION 2025-048
Page 484
Item 29.
Households % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs
State of Colorado N/A N/A N/A N/A N/A N/A N/A N/A $491,895.00 $491,895.00
Larimer County 147,394 59.880%$55,389.44 N/A N/A N/A 276,085 37.748%$226,940.92 $282,330.36
City of Fort Collins 65,415 26.576%$24,582.41 118,041 100.00%$114,500.00 118,041 16.139%$97,029.30 $236,111.71
City of Loveland 33,338 13.544%$12,528.14 N/A N/A N/A 61,169 8.363%$50,280.71 $62,808.85
Poudre School R-1 N/A N/A N/A N/A N/A N/A 161,189 22.039%$132,496.80 $132,496.80
Thompson School R2-J N/A N/A N/A N/A N/A N/A 105,561 14.433%$86,770.78 $86,770.78
Estes Park School R-3 N/A N/A N/A N/A N/A N/A 8,731 1.194%$7,176.85 $7,176.85
St. Vrain Valley School RE-1J N/A N/A N/A N/A N/A N/A 596 0.081%$489.91 $489.91
Weld County School RE-5J N/A N/A N/A N/A N/A N/A 12 0.002%$9.86 $9.86
Aims Community College N/A N/A N/A N/A N/A N/A 12 0.002%$9.86 $9.86
246,147 100%$92,500.00 118,041 100%$114,500.00 731,396 100%$1,093,100.00 $1,300,100.00
The State reimburses the county for forty-five percent of election costs ($491,895.00). Coordinating entities share only those election costs that are not reimbursed by the State ($601,205.00).
LARIMER COUNTY
2025 COORDINATED
ELECTION
ENTITY BILLING
$92,500.00 $1,093,100.00
Cost - TABOR Cost - Election
TOTAL
COST
$114,500.00
EXHIBIT A
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Page 485
Item 29.
Households % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs
State of Colorado N/A N/A N/A N/A N/A N/A N/A N/A $491,895.00 $491,895.00
City of Fort Collins 65,415 66.157%$33,078.64 118,041 100.00%$114,500.00 118,041 25.900%$155,710.65 $303,289.29
City of Loveland 33,338 33.716%$16,858.15 N/A N/A N/A 61,169 13.421%$80,689.46 $97,547.61
Poudre School R-1 N/A N/A N/A N/A N/A N/A 161,189 35.367%$212,628.18 $212,628.18
Thompson School R2-J N/A N/A N/A N/A N/A N/A 105,561 23.161%$139,247.99 $139,247.99
Estes Park School R-3 N/A N/A N/A N/A N/A N/A 8,731 1.916%$11,517.27 $11,517.27
St. Vrain Valley School RE-1J N/A N/A N/A N/A N/A N/A 596 0.131%$786.20 $786.20
Weld County School RE-5J N/A N/A N/A N/A N/A N/A 12 0.003%$15.83 $15.83
Aims Community College N/A N/A N/A N/A N/A N/A 12 0.003%$15.83 $15.83
Larimer County PID # 1 75 0.076%$37.93 N/A N/A N/A 250 0.055%$329.78 $367.71
Larimer County PID # 2 50 0.051%$25.28 N/A N/A N/A 200 0.044%$263.82 $289.11
98,878 100%$50,000.00 118,041 100%$114,500.00 455,761 100%$1,093,100.00 $1,257,600.00
The State reimburses the county for forty-five percent of election costs ($491,895.00). Coordinating entities share only those election costs that are not reimbursed by the State ($601,205.00).
LARIMER COUNTY
2025 COORDINATED
ELECTION
ENTITY BILLING
TOTAL
COST
$50,000.00 $114,500.00 $1,093,100.00
EXHIBIT B
EXHIBIT A TO RESOLUTION 2025-048
Page 486
Item 29.
Households % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs
Larimer County 147,394 59.880%$55,389.44 N/A N/A N/A 276,085 37.748%$412,619.86 $468,009.30
City of Fort Collins 65,415 26.576%$24,582.41 118,041 100.00%$114,500.00 118,041 16.139%$176,416.90 $315,499.32
City of Loveland 33,338 13.544%$12,528.14 N/A N/A N/A 61,169 8.363%$91,419.47 $103,947.61
Poudre School R-1 N/A N/A N/A N/A N/A N/A 161,189 22.039%$240,903.28 $240,903.28
Thompson School R2-J N/A N/A N/A N/A N/A N/A 105,561 14.433%$157,765.05 $157,765.05
Estes Park School R-3 N/A N/A N/A N/A N/A N/A 8,731 1.194%$13,048.82 $13,048.82
St. Vrain Valley School RE-1J N/A N/A N/A N/A N/A N/A 596 0.081%$890.75 $890.75
Weld County School RE-5J N/A N/A N/A N/A N/A N/A 12 0.002%$17.93 $17.93
Aims Community College N/A N/A N/A N/A N/A N/A 12 0.002%$17.93 $17.93
246,147 100%$92,500.00 118,041 100%$114,500.00 731,396 100%$1,093,100.00 $1,300,100.00
LARIMER COUNTY
2025 COORDINATED
ELECTION
ENTITY BILLING
TOTAL
COST
$92,500.00 $114,500.00 $1,093,100.00
EXHIBIT C
EXHIBIT A TO RESOLUTION 2025-048
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Item 29.
Households % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs Eligible Electors % of Proration Balance of Costs
City of Fort Collins 65,415 66.157%$33,078.64 118,041 100.00%$114,500.00 118,041 25.900%$283,110.26 $430,688.91
City of Loveland 33,338 33.716%$16,858.15 N/A N/A N/A 61,169 13.421%$146,708.11 $163,566.26
Poudre School R-1 N/A N/A N/A N/A N/A N/A 161,189 35.367%$386,596.69 $386,596.69
Thompson School R2-J N/A N/A N/A N/A N/A N/A 105,561 23.161%$253,178.15 $253,178.15
Estes Park School R-3 N/A N/A N/A N/A N/A N/A 8,731 1.916%$20,940.48 $20,940.48
St. Vrain Valley School RE-1J N/A N/A N/A N/A N/A N/A 596 0.131%$1,429.45 $1,429.45
Weld County School RE-5J N/A N/A N/A N/A N/A N/A 12 0.003%$28.78 $28.78
Aims Community College N/A N/A N/A N/A N/A N/A 12 0.003%$28.78 $28.78
Larimer County PID # 1 75 0.076%$37.93 N/A N/A N/A 250 0.055%$599.60 $637.53
Larimer County PID # 2 50 0.051%$25.28 N/A N/A N/A 200 0.044%$479.68 $504.96
98,878 100%$50,000.00 118,041 100%$114,500.00 455,761 100%$1,093,100.00 $1,257,600.00
LARIMER COUNTY
2025 COORDINATED
ELECTION
ENTITY BILLING
TOTAL
COST
$50,000.00 $114,500.00 $1,093,100.00
EXHIBIT D
EXHIBIT A TO RESOLUTION 2025-048
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Item 29.
EXHIBIT E
Audio
In accordance with Rule 4.6.2, all candidates shall provide an audio recording of their name to County
Clerk no later than the last day upon which Entity certifies the ballot content (September 5, 2025),
pursuant to C.R.S. §1-5-203(3)(a).
It is the responsibility of Entity to ensure an audio pronunciation is provided for each candidate as it is
certified to County Clerk. The purpose of the audio recording is to be compliant with disability and
accessibility laws providing voting equipment pursuant to C.R.S. §1-5-704.
To be in compliance with the above Code and Rule, County Clerk’s office is providing a voice mailbox
at 970.498.7946 that candidates are required to call to provide the correct pronunciation of their
name.
Upon calling the voice mailbox, they will receive instructions on recording their information, as well as
options for listening, deleting, re-recording and saving their message. Please inform candidates within
your district of the necessity of recording the correct pronunciation of their name.
County Clerk’s office will contact Entity if pronunciation guidelines on any ballot race(s), ballot
question(s) and/or ballot issue(s) are needed.
Please contact County Clerk’s office at 970.498.7820 if you have any questions or need additional
information.
EXHIBIT A TO RESOLUTION 2025-048
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Item 29.
-1-
ORDINANCE NO. 069, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL
FUND TO COVER THE ANTICIPATED COSTS OF THE 2025
REGULAR MUNICIPAL ELECTION AND TO FUND ADDITIONAL
CAMPAIGN OVERSIGHT
A. At the November 2022 General Election, voters approved a change to the
timing of the City’s regular election to November in odd-numbered years and adopted the
ranked voting method for regular city elections after January 1, 2025.
B. The County has provided the estimated cost for the upcoming coordinated
November 2025 election with Larimer County, which will vary depending on whether the
state and county also participate in the election. The City is the only jurisdiction using the
ranked voting method in Larimer County, and this will also increase the City’s costs as
the City will solely be responsible for those costs.
C. Staff anticipates the election costs to be $431,000, assuming the County
and State of Colorado do not have ballot questions on the ballot for the 2025 election.
D. City Council previously appropriated $164,000 for this election, $50,000 of
which has been allocated to election outreach related to the ranked voting method.
E. Staff has recommended that Council appropriate an additional $317,000 to
cover the remainer of the anticipated election costs.
F. During its January 2025 meeting, the Election Code Committee (ECC)
received information related to election oversight options. The ECC recommended
contracting with an outside, impartial service provider for the purpose of providing review
and oversight of campaign filings and reports and other related services.
G. Staff has estimated the cost of the additional campaign oversight services
to be $40,500.
H. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of facilitating a coordinate election
with the County and providing additional campaign oversight to promote fair campaign
practices.
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 such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated.
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Item 29.
-2-
J. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation 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 fi scal 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 THREE HUNDRED FIFTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS ($357,500) to be expended in the General Fund for the anticipated costs and
additional campaign oversight for the 2025 coordinated election as described in this
Ordinance.
Introduced, considered favorably on first reading on April 1, 2025, and approved
on second reading for final passage on April 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: April 25, 2025
Approving Attorney: Sara Arfmann
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Item 29.
SCOPE OF SERVICES
Verify the accuracy of starting and ending balances on financial reports.
Track submission deadlines for required filings.
Proactively follow up on late or missing reports to maintain compliance.
Confirm that all contributions comply with codified limits.
Identify and address any instances where limits may have been exceeded.
Ensure contributions are received from eligible donors.
Perform periodic checks to validate the accuracy of reported donations.
Document discrepancies and ensure corrective action is taken.
Review independent contributions received and related committee requirements; follow up as
needed.
Confirm that all contributions and financial activities align with City code requirements.
Ensure revised reports are filed when errors or inconsistencies are found.
Work directly with Candidates and Committees to address compliance concerns.
Report unresolved or recurring compliance issues to City Clerk staff.
Assist in providing necessary documentation for potential enforcement actions
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2025 Coordinated
Election and
Campaign Oversight
April 1 2025
Delynn Coldiron, City Clerk
Cecilia Good, Senior Deputy
City Clerk
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2
Coordinated Election
•2022 Election
o Voters approved moving regular elections to November and coordinating with Larimer County
76% of voters in favor
o Voters approved Ranked Voting for Mayor and Councilmember races
58% of voters in favor
•IGA with Larimer County Required
o Required by State statute; standard requirement we have done multiple times
o Sets out roles and responsibilities for both entities
o 2nd Coordinated Regular November Election (2023 was the first)
o Biggest difference –ranked voting!
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Item 29.
Headline Copy Goes HerePlanned for the Ballot
3
2025 Ballot
•Council Races
o Mayor
o Councilmembers for Districts 1, 3 and 5
Will have ranked voting for any race with three or
more candidates.
•Charter Amendments
o 4-6 expected
•TABOR Question
o Expecting at least one
•Citizen Initiative
o Expecting at least one
Blogs –University of Illinois
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7
Campaign Oversight
Farmersville Times
Building Trust
Promoting Accountability
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8
Campaign Oversight –Election Code Committee Recommendation
Proposed Outside Service Provider:
•Impartial
•Would work under the guidance of the City
Clerk and City Attorney
•Would provide proactive review of campaign
finance submissions
•Would assist with related investigation of
potential violations
Election Code Committee:
•Recommended moving forward with an outside
service provider as a first step in enhancing
oversight of election filings.Page 497
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9
Proposed Duties Related to Oversight Contract Position
Proactive review of Campaign Finance Reporting and Related Compliance
•Ensure numbers make sense (starting and ending balances).
•Ensure timeliness of filing and follow up on missing reports.
•Ensure contributions are within limits.
•Ensure contributions are given by allowed donors.
•Make periodic checks of donations made to ensure accuracy of information
reported.
•Ensure all contributions meet City code requirements.
•Ensure revised reports are filed to address issues found.
•Work with Candidates and Committees to get voluntary compliance.
•If needed,report unresolved issues to City Clerk staff for enforcement.Page 498
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Questions?
11
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Backup Slides
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13
Time Estimates for This work
Proactive review of Campaign Finance Reports
•9 reports due per committee
•If we have 12 candidates and 3 committees:
135 reports to be reviewed
@ 3 hours each =405 hours (recognize that some will take longer due to
investigation and follow-up,and some will take less time).
$100/hour
•$40,500
•Additional funding might be required if proactive work outside of campaign finance
is desired Page 501
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14
Additional Items the Oversight Contract Position Might Assist With
Potential additional items the provider could assist with if there are monies available:
•Periodically ask for samples of materials to check for “paid for by”requirements.
•Periodically look at election-related Facebook pages to check for “paid for by”
requirements.
•Periodically check election signs to check for “paid for by”requirements.
•Pursue checks on potential issues reported such us text messages with no “paid for
by”information added.
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Item 29.