HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/17/2025Fort Collins City Council Agenda
Regular Meeting Amended 6/13/25
6:00 p.m., Tuesday, June 17, 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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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
June 17, 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 Month of June 2025 as Bike Month.
PP 2. Declaring the Day of June 19, 2025, as Juneteenth Independence Day.
A joint community reception to celebrate Juneteenth - Liberation in Bloom and
Transportation Equity will be held in the City Hall Xeriscape Garden from 4:00 p.m.- 4:50 p.m.
REGULAR MEETING
6:00 PM
Amended on 6/13/25
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
1. Community Report: Youth Advisory Board
The purpose of this item is for the Youth Advisory Board to provide a Community Report.
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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 June 3, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the June 3, 2025 Regular meeting.
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2. Second Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Vine Drive and Jerome Street Intersection Improvements Project and Related Art in Public
Places.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, enables the City to
receive and expend Downtown Development Authority (DDA) grant funds and Urban Renewal
Authority (URA) funds for the Vine Drive and Jerome Street Intersection Improvements project
(Project). The funds will be used for outreach, design, right-of-way acquisition, and construction
for improvements at the intersection of Vine Drive and Jerome Street. If approved, the item will:
1) transfer $135,200 of Community Capital Improvement Program (CCIP) Bicycle Program funds
to the Project; 2) transfer $67,756.77 of Community Capital Improvement Program (CCIP)
Pedestrian Program funds to the Project; 3) appropriate $293,076 in URA funds to the Project; 4)
transfer $146,472.87 in remaining 2050 Tax – Our Climate Future funds from previous
appropriations to the Project; 5) appropriate $144,000 of DDA grant funds to the Project; 6)
appropriate $4,283.34 in Transportation Capital Expansion Fee (TCEF) funds to the Project; 7)
appropriate $87.42 of Transportation Services Fund reserves to the Project; and 8) appropriate
$4,370.76 (1%) of the DDA grant and URA funds to the Art in Public Places (APP) program. The
Conservation Trust Fund will contribute $165,000 towards the Project as part of the 2026 annual
budget process.
3. Second Reading of Ordinance No. 091, 2025, Amending the Code of the City of Fort Collins
to Discontinue the Art in Public Places Board and the Cultural Resources Board and Merge
their Functions into the Arts and Culture Board.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, discontinues the existing
Art in Public Places Board and Cultural Resources Board and merges and adjusts their functions
for a new Arts and Culture Board.
4. Second Reading of Ordinance No. 092, 2025, Appropriating Prior Year Reserves in the
Water Fund to Support Acquisitions of Water Rights to Increase Yield, Reliability, and
Resiliency of the Utilities Water Supplies.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, requests additional
appropriation of $1,419,091 in the City’s Water Fund to purchase water supplies that will increase
the yield, reliability, and resiliency of the Fort Collins Utilities water supplies. This includes shares
in the North Poudre Irrigation Company and the water rights in the Chase Ditch.
5. Second Reading of Ordinance No. 093, 2025, Authorizing a Mid-year Budget
Appropriation from the Airport Fund for Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, recommends a mid-
year budget appropriation of $642,400 from the Airport fund to support nine priority projects and
initiatives identified by Airport staff and the Airport Commission. These efforts are focused on
improving airport facilities, strengthening operational plans and procedures, addressing
regulatory compliance requirements, enhancing financial sustainability, and supporting efforts to
attract commercial airline service.
The proposed funding will enable the Airport to make targeted investments that align with long-
term strategic goals and improve overall performance and service.
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6. Second Reading of Ordinance No. 094, 2025, Amending Chapters 15 and 23 of the Code of
the City of Fort Collins Regarding the Requirements of Shared Micromobility Operations.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, addresses a potential
regulatory gap under City Code by defining clear requirements applicable to the operation of
shared micromobility services within Fort Collins. These requirements will allow FC Moves to
ensure that operators of shared micromobility services in the city consistently provide robust and
reliable service and mitigate negative impacts on the community and other right-of-way uses.
7. Second Reading of Ordinance No. 095, 2025, Amending Section 15-361 of the Code of the
City of Fort Collins to Clarify Right-of-Way Contractor Licensing Requirements.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, clarifies the types of
work that require a right-of-way contractor license under City Code Section 15-361. As that
section is currently written, it is ambiguous what types of “work” it is intended to apply to, leaving
it unclear whether operations like shared micromobility services or outdoor vendors would require
a right-of-way contractor license or not. This item defines “work” to mean constructing, installing
or repairing any sidewalk, curb, gutter, driveway, curb cut, street, alley or any other improvement
in or under a public right-of-way, in the City.
8. Second Reading of Ordinance No. 096, 2025, Authorizing the Conveyance of Two
Temporary Construction Easements and Two Permanent Easements on a portion of
Rigden Reservoir to Larimer County for Construction of Stormwater Infrastructure
Improvements for County Road 40.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, authorizes the
conveyance of two (2) Temporary Construction Easements and Two (2) Permanent Easements
(collectively, the “Easements”) on a portion of City property presently known as Rigden Reservoir
for construction of stormwater infrastructure improvements for the benefit of County Road 40 (E
Horsetooth Road).
9. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) Program Funds.
A. First Reading of Ordinance No. 097, 2025, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. First Reading of Ordinance No. 098, 2025, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant Fund.
C. First Reading of Ordinance No. 099, 2025, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant American Rescue Plan Act Fund.
The purpose of these items are to appropriate the City's Fiscal Year (FY) 2025 Community
Development Block Grant (CDBG) Entitlement Grant and FY2025 Home Investment Partnerships
Program (HOME) Participating Jurisdiction Grant from the Department of Housing and Urban
Development (HUD), CDBG program income from FY2023 & FY2024 and HOME Program
Income from FY2023 & FY2024, and supplemental funding to the FY21 HOME American Rescue
Plan Act (HOME-ARP) Fund.
10. First Reading of Ordinance No. 100, 2025, Updating Various Provisions of the Code of the
City of Fort Collins Related to Affordable Housing.
The purpose of this item is to conform the definitions relating to affordable housing in the City
Code to those in the Land Use Code, to remove language for a program that was repealed, and
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to remove the requirement of a specific fee amount when requesting affordable housing fee
delays.
11. First Reading of Ordinance No. 101, 2025, Authorizing the Conveyance of a Permanent
Drainage Easement on Fossil Creek Reservoir Natural Area to South Fort Collins
Sanitation District.
The purpose of this item is to authorize the conveyance of a drainage easement to South Fort
Collins Sanitation District (“SFCSD”) across the southwest side of Fossil Creek Reservoir Natural
Area. The request is tied to an expansion of SFCSD’s infrastructure at their headquarters
immediately adjacent to the natural area. The proposed easement alignment would cross
Highway 392 (north to south) via a culvert into Duck Lake.
12. First Reading of Ordinance No. 102, 2025, Authorizing the Conveyance of One Drainage
Easement and One Temporary Construction Easement on Golden Meadows Park.
This item has been amended to include the Utility Plan Sheet.
The purpose of this item is to authorize the conveyance of one (1) Temporary Construction
Easement of 0.0474 acres (the “TCE”) and one (1) Drainage Easement of 0.0168 acres (the “DE”)
(the “Easements”), being a portion of City property presently known as Golden Meadows Park,
for the construction and installation of stormwater outfall infrastructure improvements.
13. First Reading of Ordinance No. 103, 2025, Vacating Alley Right-of-Way in the Ghent
Subdivision Subject to Conditions.
The purpose of this item is to vacate 16 feet of public right-of-way dedicated by the Ghent
subdivision plat. The right-of-way is no longer desirable or necessary to retain for street purposes.
The right-of-way vacation will be conditional upon the relocation of an existing Lumen utility line
which is currently within the right-of-way.
14. First Reading of Ordinance No. 104, 2025, Correcting an Error in Ordinance No. 046, 2023,
Regarding Financial Disclosure Requirements by Deleting Obsolete Section 2-638.
The purpose of this item is to delete language that was inadvertently left in place with the adoption
of Ordinance No. 046, 2025, which enacted updated requirements for financial disclosures.
15. Items Relating to the Vine/Timberline Rail Grade Separation Planning Project.
A. Resolution 2025-064 Authorizing the Execution of an Intergovernmental Grant Agreement
Between the City of Fort Collins and the Federal Railroad Administration for the Vine/Timberline
Rail Grade Separation Planning Project.
B. First Reading of Ordinance No. 105, 2025, Making a Supplemental Appropriation of Railroad
Crossing Elimination Program Grant Funds for the Vine/Timberline Rail Grade Separation
Planning Project.
The purpose of this item is to enable the City to receive and expend Railroad Crossing Elimination
(RCE) Program funds through the Federal Railroad Administration (FRA) for the Vine/Timberline
Rail Grade Separation Planning project (Project). The funds will be used to conduct planning for
the capital project that intends to grade separate Timberline Road over Vine Drive and the BNSF
railroad, eliminating the at-grade crossing of the railroad. The grant funding is not eligible for
contributions to the Art in Public Places (APP) program. Previously appropriated funding from
development contributions to construction will provide the City’s cost share obligation under the
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federal grant, as well as providing additional funds needed for Project completion. The
development contributions are subject to APP program transfers that are complete. If approved,
the item will: 1) authorize the Mayor to execute an intergovernmental grant agreement for the
Project with the FRA and delegate authority to Engineering to accept the grant through the online
acceptance system and 2) appropriate $765,616 in RCE Program grant funds to the Project.
16. Public Hearing and Resolution 2025-065 Approving the Programs and Projects that Will
Receive Funds from the Federal Community Development Block Grant Program, the HOME
Investment Partnerships Program, the City’s Affordable Housing Fund, the City’s Human
Services Program, and the City’s Homelessness Response and Prevention Program.
The purpose of this item is to approve funding recommendations of the 2025 Spring Cycle of the
Competitive Process. This Resolution will complete the 2025 Spring Cycle of the Competitive
Process for allocating $4,191,516 in City financial resources to affordable housing and public
facility projects, human service programs, homelessness programs and administration of the
programs.
Comments on a Public Hearing item on the Consent Calendar may be made during general public
comment or the item may be withdrawn for individual consideration by a Councilmember or the
City Manager.
17. Resolution 2025-066 Authorizing the Assignment of the City’s 2025 Private Activity Bond
Allocation to Housing Catalyst to Finance the Construction and Rehabilitation of
Affordable Housing Units.
The purpose of this item is to support the rehabilitation and new construction of affordable housing
at CARE Communities Windtrail Apartments and elsewhere in the City by assigning the City’s
2025 Allocation of Private Activity Bond (PAB) capacity to Housing Catalyst, a qualified issuer.
PAB capacity is required for development projects using 4% Low-Income Housing Tax Credit
financing.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
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
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City of Fort Collins Page 7 of 9
• 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.
18. 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. (three options presented)
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.
Staff is presenting three versions of the Ordinance for Council to consider on Second Reading:
- Option 1 – Ordinance as it was adopted on First Reading.
- Option 2 – Creates a Fire Board of Appeals consisting of the Chair of PFA’s Board of Directors,
the Fort Collins City Manager, and the City’s Chief Building Official. Also contains other clean-up
changes.
- Option 3 – Maintains the current process for appealing decisions of the Fire Code Official to the
Building Review Commission (BRC), acting as the Fire Board of Appeals. This option is consistent
with the BRC’s recommendation and also contains other clean-up changes.
All three options were published by the City Clerk on June 10, 2025, on the public notice page
found online at: www.fcgov.com/publicnotices/
19. Items Relating to Short Term Rentals.
A. First Reading of Ordinance No. 106, 2025, Amending the Land Use Code to Remove Non-
Primary Short Term Rentals from the Community Commercial - North College District.
B. First Reading of Ordinance No. 107, 2025, Amending the Code of the City of Fort Collins to
Clarify the Conditions of Renewal of Existing Non-Primary Short Term Rental Licenses.
The purpose of this item is to amend the Land Use Code to remove Non-Primary Short Term
Rentals from the list of licensed uses in the Community Commercial-North College (CCN) zone
district and amend the City Code to allow existing licenses to be renewed.
20. Items Related to a Proposed Charter Amendment Amending Regarding Vacancies and
Application of Term Limits to Partial Terms.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 108, 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.
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The purpose of this item is to set ballot language regarding a proposed amendment to the City
Charter resulting from the Charter Update Project and submit the question to the voters at the
November 4, 2025, election. The Council has considered and taken action on five amendments,
and this item completes action on the Charter amendments that have been identified as part of
the Charter Update Project.
The Ordinance does not include an amendment number for the proposed ballot question. The
Council will establish the order of the amendments to be presented on the ballot by separate
action.
Any protest of the proposed ballot language must be received no later than Monday, June 16,
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.
21. First Reading of Ordinance No. 109, 2025, Establishing the Charter Amendments to Appear
on the November 4, 2025, Municipal Election Ballot and the Related Ballot Order.
The purpose of this item is to finalize the Charter Amendments to be placed on the November 4,
2025, ballot and to set the preferred order for them.
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
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City of Fort Collins Page 9 of 9
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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File Attachments for Item:
PP 1. Declaring the Month of June 2025 as Bike Month.
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PROCLAMATION
WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the
month of June through educational programs, commuting events, races, groups rides, or just getting out
and going for a ride; and
WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all residents by
fostering physical and mental health, transportation equity, improving air quality, reducing traffic
congestion and noise, decreasing the use of and dependence upon finite energy sources; and
WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of
transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating
the development of bicycle facilities; and
WHEREAS, our City maintains over 320 miles of bikeway networks which attract thousands of
bicyclists each year; and
WHEREAS, Fort Collins is nationally recognized as one of only five Platinum Level Bicycle
Friendly Communities, as designated by the League of American Bicyclists; and
WHEREAS, the City of Fort Collins adopted the Active Modes Plan in 2022 and the Vision
Zero Action plan in 2023, which set the goals to achieve a 50 percent active mode share of all trips and
eliminate traffic fatalities and serious injuries; and
WHEREAS, FC Moves, the Bicycle Ambassador Program, Safe Routes to School, and other
local businesses and organizations will be promoting bicycling as a viable means of transportation during
the month of June 2025.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the
month of June 2025, as
BIKE MONTH
in Fort Collins and I encourage residents to try bicycling as a sensible mode of transportation or
recreation and to participate in the many events planned for June, particularly, the 37th annual Bike to
Work Day on Wednesday, June 25th.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 17th day of June, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 1.
File Attachments for Item:
PP 2. Declaring the Day of June 19, 2025, as Juneteenth Independence Day.
A joint community reception to celebrate Juneteenth - Liberation in Bloom and
Transportation Equity will be held in the City Hall Xeriscape Garden from 4:00 p.m.- 4:50 p.m.
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PROCLAMATION
WHEREAS, on June 19, 1865, enslaved African Americans in Texas finally received word of their freedom
more than two years after the Emancipation Proclamation, marking a transformative moment in our nation's journey
toward justice; and
WHEREAS, this date represents the culmination of a long and painful struggle endured by millions of
enslaved people throughout American history, honoring their resilience, sacrifice, and unwavering hope in the face
of profound injustice; and
WHEREAS, for over 150 years, Juneteenth has been celebrated as a day of liberation, resilience, and cultural
pride within the Black community, and is now rightfully recognized as a national holiday; and
WHEREAS, we recognize the continued impacts of slavery on the Black and African American community
today, the continued threat of racist violence, and the continued fight against systemic racism in pursuit of liberation,
reparations, and justice; and
WHEREAS, Governor Jared Polis formally acknowledged the historical significance of this day by
signing legislation on May 2, 2022, establishing Juneteenth as Colorado's eleventh state holiday, affirming our
state's commitment to honoring this pivotal moment in American history; and
WHEREAS, the City of Fort Collins remains steadfastly committed to advancing inclusion, diversity,
equity, and accessibility in all aspects of our community life, recognizing that the promise of freedom requires
ongoing dedication to creating a city where all people can thrive; and
WHEREAS, our Fort Collins community will gather at Foothills Mall on June 20 -21, 2025, to honor this
significant day through celebration, remembrance, and community connection.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim June 19, 2025,
as
JUNETEENTH INDEPENDENCE DAY
and invite all residents to come together in celebration, reflection, and solidarity as we honor the profound
significance of this day and the enduring spirit of freedom it represents.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of
June, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 2.
File Attachments for Item:
1. Community Report: Youth Advisory Board
The purpose of this item is for the Youth Advisory Board to provide a Community Report.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 1
June 17, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
PRESENTER
LeAnn Williams, Director of Recreation
SUBJECT FOR DISCUSSION
Community Report: Youth Advisory Board
EXECUTIVE SUMMARY
The purpose of this item is for the Youth Advisory Board to provide a Community Report.
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Item 1.
Headline Copy Goes Here
Hope Harris –Co-Chair
Kacy Larson –Board Member
Sam Milchak –Co-Chair
Charlotte Wond –Board Member
Kelly Dubois –Staff Liaison
Youth Advisory Board
Youth Advisory
Board Recap
2024-2025
06-17-2025
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2
2024-2025 Board by the Numbers
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3
Projects
•Stop the Bleed
•Ebike Parking at High
Schools
•YAB “logo”
•Yab Building
Awareness/Recruitment
•Transportation –Transfort
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4
Stop the Bleed
•Partnered with Poudre Fire Authority
•Rocky Mountain High School as test site
•Expand to other High Schools in 26-27
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5
Ebikes
•Working with FC Moves
•Requesting to change Spin age
minimum
•Work with City, Spin and PSD to
bring bikes and scooters to High
Schools
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6
Branding Campaign and Recruitment
•Created campaign alongside
City’s Communications and
Public Involvement Office
(CPIO)
•Learned about branding and
the importance of City brand
guidelines
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7
National League of Cities
•Networked with youth from across
the country
•Leadership
•Highlight: DC Tour with
Deputy City Manager Tyler Marr!
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Thank you!
8
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Item 1.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the June 3, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the June 3, 2025 Regular meeting.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 3, 2025 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the June 3, 2025 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, June 3, 2025
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Item 1.
City of Fort Collins City Council Proceedings Page 249
June 3, 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
PP 1. Declaring the Day of June 14, 2025, as the United States Army's 250th Anniversary.
PP 2. Declaring the Month of June 2025 as LGBTQ+ PRIDE Month.
A community reception to celebrate LGBTQ+ PRIDE Month was held in the City Hall Lobby
from 3:30 p.m.- 4:50 p.m.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky (remote, non-voting)
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
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E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
No changes to the published agenda.
Items 1-19 on the Consent Calendar are recommended for adoption.
Community Report on Ranked Choice Voting.
Staff Report on One Water Strategic Plan Update.
Consideration of a Motion to Adjourn to June 10th at 6:00 PM for the purpose of conducting
mid-year evaluations for direct reports.
After adjournment, there will be a break before Council convenes in the CIC Room for a work
session to discuss Charter amendments related to the Council vacancies and November 2025
ballot measures.
F) COMMUNITY REPORTS - Community Report: Ranked Voting Update
The purpose of this item is to provide information on Ranked Voting and current efforts related to
community outreach and education.
City Clerk Delynn Coldiron outlined the premise of ranked voting, which allows voters the chance to
rank candidates in their order of preference in any race in which there are three or more candidates.
She noted any candidate who receives more than 50% of the vote on the initial round would win the
election; however, if that does not occur, ranked voting kicks in and she further detailed that process.
City Clerk Coldiron commented on other states and jurisdictions that use ranked voting, noted it covers
11 million voters across the country, and reiterated the use of ranked voting was approved by Fort
Collins voters to begin in November of 2025. She stated each voter can rank their choices; however,
only one vote ultimately counts, and she further discussed how to complete a ranked choice ballot.
City Clerk Coldiron showed a video outlining the ranked voting process produced by the City’s
Communications and Public Involvement Office and noted there is a practice ballot and tactical
exercise available for practice on the City Clerk’s webpage. She also noted there will be a table in the
City Hall lobby with ranked voting information available before each regular Council meeting.
Additionally, she noted this will be the first year there will be an online blue book reference for the City
election.
Larimer County Clerk Tina Harris outlined the coordinated election process and important associated
dates. She stated this will be the first time the County has conducted a ranked voting election and
noted Colorado Revised Statutes and Secretary of State rules lay out exactly how the election should
occur. She stated there will be election night results for the ranked voting items and results will be
posted at least once per day until all election day returns are tabulated.
County Clerk Harris discussed the work that has been done to ensure the ranked voting election runs
smoothly and noted there will be a mock ranked voting election hosted jointly with City Clerk staff.
Additionally, there is a FAQ section on the County webpage and staff will be at various local events to
provide information to voters.
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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.)
(Secretary’s Note: Council took a brief recess at the start of Public Comment to clarify the rules related
to the physical size of props and signs and it was noted that the rules specifically preclude items
attached to sticks. Upon reconvening, Mayor Arndt noted an individual was told he could stand in the
rear of the Chambers with his item, but they declined.)
Jane Hamburger commended the public survey process regarding the future use of the Hughes
Stadium property and the emphasis on adhering to the ballot language approved by voters. She noted
that as the lead of the League of Women Voters Environmental Team, she facilitated ten sessions for
residents’ survey discussion and completion. She commented on the importance of equal access for
a healthy environment in which to live, learn, work, and play, and noted that includes the descendants
of the Indigenous tribes which historically cared for the land. She encouraged utilizing a portion of the
property for the use of local Indigenous tribes.
Peter Erickson spoke in support of affordable housing and noted an FAQ page on the Parking Services
website indicates there are 9,711 parking spaces downtown, only 83 of which would be displaced if
Housing Catalyst were to be allowed to build 75 units of deed restricted affordable housing on half of
the Remington Street parking lots. He stated the City needs to cut red tape when it comes to affordable
housing and urged Council to direct staff to go back to discussions on this topic.
G Inguanta spoke in support of rematriating the Hughes Stadium property to Indigenous people stating
the healing that would result would be extremely impactful.
Kendra Berg took the spot for someone who stepped out and asked if anyone has contacted the
Cheyenne and Northern Arapaho people regarding the Hughes Stadium property, which she stated
was gifted for a certain purpose. She discussed some history of the land and lodge that has since
been removed and stated this issue falls under the American Indian Religious and Freedom Act.
Evan Roberts spoke in support of the Remington Street affordable housing project. He stated
downtown should be a place for all and urged Council and staff to move forward with the project.
Andre Dunn stated he is a youth representative for Indigenous people and asked that the Hughes
Stadium property be returned to Indigenous people. He stated the rules that precluded individuals
from carrying their flags in Chambers are extremely offensive and disrespectful. He stated the Civic
Assembly uplifted the interests of the Indigenous people’s interests with unanimous support and he
urged Council to address historical atrocities and mend relations with the original stewards of the land.
De wat sis doh gwas stated Fort Collins has an opportunity to do something special with the Hughes
Stadium property by rematriating the site to Indigenous people. She provided historical information
about how the land was managed and stated Fort Collins could help build true climate resilience by
doing so.
Jerry Gavaldon thanked the City Clerk’s Office for materials he was given related to ranked voting and
stated he plans to share them at the Museo de las Tres Colonias. Regarding the Remington Street
parking lot/affordable housing project, he expressed concern regarding a potential conflict of interest
with Mayor Pro Tem Francis serving on the Housing Catalyst board of directors. He suggested it may
be appropriate for her to step aside to ensure the process remains fair and equitable.
Russ Cowart spoke in support of the need for additional pickleball courts in Fort Collins and shared
the benefits of having pickleball in the community.
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Janet Bramhall, downtown business owner, stated she wished Council had found a way to be more
culturally flexible with the Indigenous members of the community who were present. Additionally, she
spoke in support of building more affordable housing in the downtown area.
Joe Rowan spoke about the housing fund and was encouraged that Council wanted to see more of
the tax dollars toward housing, particularly given federal affordable housing funds are being
threatened. He also urged Council to move away from the model for bonding against tax revenue as
the funds could better be invested in the community.
Jordan Kelly thanked Council and Police for addressing unreasonable traffic noise in the community
and provided some information regarding the noise impacts to her property, which seems to be mostly
due to loud mufflers. She discussed the importance of silence due to issues from long-term COVID.
Emily Gallichotte spoke in support of the affordable housing project on the Remington Street parking
lot and reiterated there are almost 10,000 parking spaces downtown, only 83 of which would be
impacted by this project.
Kevin Flowers thanked Council for the support of the LGBTQ+ community and commended the Fort
Collins Pride kickoff event during which Police, Cultural Services, Library, and other staff worked
together to make people feel welcome, seen, and safe. He thanked everyone for standing with and
supporting all involved.
Michelle Gliszinski raised concerns about a local organization, DSA, which has historically been a
powerful voice for social justice. She stated there has been a split in the group, both nationally and
locally, as to whether political violence is acceptable to achieve its goals. She urged the local chapter
of the DSA to draw a line and condemn political violence, particularly when it is justified in the name
of anti-Zionism.
Michael Weinreich stated he is a Jewish resident of Fort Collins and spoke about the increase in
antisemitism which threatens the community’s safety and values. He urged Council to increase Police
patrols around synagogues and other religious organizations and schools, mandate training for City
staff and law enforcement on recognizing antisemitism and create a reporting mechanism for these
crimes.
Ilana Kafer stated she is a Jewish community member and she thanked Council for their support and
service to the community. She stated silence speaks volumes and commented on the recent terror
attack in Boulder. She also stated people should speak up to ensure Jewish families feel safe.
Shimrit Yacobi thanked Council for listening and commented on the recent terror attack in Boulder.
She stated the Jewish community has long warned about the dangers of normalizing hate and violence
and stated words that glorify violence are meant to incite it. She urged Council to act just as it would
if any other minority was being targeted and condemn the attack.
Laura (no last name given) stated the Hughes Stadium property needs to be returned to the
Indigenous people stating it was stolen land. She stated the residents of Fort Collins cannot legally
vote on the use of the property as the land does not belong to the City.
Rich Stave commented on a TABOR item that he stated repeals the mill levy. He also shared concerns
related to ranked voting and questioned whether the community’s best interest was taken into account
regarding Item No. 2, Second Reading of Ordinance No. 078, 2025, Appropriating Prior Year Reserves
and Authorizing Transfers of Appropriations for Broadband Buildout to Multi-Dwelling Units and
Customer Installations and Related Art in Public Places and Modifying the Terms of Repayment for
Prior Appropriations from the Light and Power Fund.
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Gabrielle Friesen urged Council to return the Hughes Stadium land to Indigenous people as a
ceremonial site and stated that is the only ethical way for the City to act. She stated she has been
involved in rematriation efforts and stated the City would benefit from engaging in this humbling and
necessary work.
Liz Tufte expressed concern about tonight’s events and the disrespect shown to the individuals in
attendance. She stated the religious freedom for native people is a perpetual concern and urged
Council to return the Hughes Stadium property to Indigenous people.
Nicole Swan echoed other speakers related to the Remington Street affordable housing project and
urged Council to move forward with the project quickly.
Jonesy Winchell spoke in support of returning the Hughes Stadium site back to Indigenous people.
Charles Shobe spoke in support of the affordable housing project on Remington Street and urged
Council to put people over parking and quickly move forward with the project without waiting for
another parking study. He stated the delay would increase the likelihood that Housing Catalyst would
not be able to complete the project and the community would be stuck with the status quo.
Kate Conley echoed comments related to the Remington Street affordable housing project and urged
Council to use every tool possible to get it moving forward. She stated business owners should not
stand in opposition to the project as it could provide workforce housing. She urged Council to prioritize
housing and people over 83 parking spaces.
Andrew Sachs spoke in support of the land back initiative to return the Hughes Stadium property to
Indigenous people. He provided some history regarding his interest in protecting the environment and
discussed how the partnership with Indigenous people is valuable in those efforts.
Michael Washington spoke in support of returning the Hughes Stadium property to Indigenous people
and stated it never belonged to Fort Collins to begin with. He urged Council to do what is overdue.
Matthew Behunin discussed previous parking studies and urged Council to follow through with its
vision for the 15-minute city by bringing affordable housing to the Remington Street parking lot.
Public comment concluded at 7:36 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro asked if there might be a way to easily make it clear that the Council rules
for Chamber relate to view obstruction. She asked if it could be codified that people with such items
could stand in the rear of Chambers. City Attorney Daggett noted the Mayor has the authority to
modify rules in response to specific instances; however, she recommended the rules be changed if
Council would specifically like that to be allowed.
Councilmember Pignataro noted Councilmembers all serve on various Boards, including Housing
Catalyst, and stated she is looking forward to the work session on the Remington Street parking
lot/affordable housing project.
Councilmember Potyondy stated there was no intention of stifling free speech this evening but
suggested a deeper look at policies for visuals in Council Chambers.
Mayor Arndt stated the Council rules are clear and noted the individual chose to leave the meeting
rather than stand in the back of the room with the flag he carried.
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Councilmember Potyondy stated she is also looking forward to the work session on the Remington
Street parking lot. Additionally, she noted Assistant City Manager Rupa Venkatesh has been working
closely with the Indigenous population regarding the Hughes Stadium property.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson withdrew Item No. 16, Items Relating to the Vine Drive and Jerome Street
Intersection Improvements Project, from the Consent Calendar, due to concerns about some of the
funding coming from the climate action fund.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the May 20, 2025, Regular meeting.
The purpose of this item is to approve the minutes of the May 20, 2025, Regular meeting.
Approved.
2. Second Reading of Ordinance No. 078, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for Broadband Buildout to Multi-Dwelling Units
and Customer Installations and Related Art in Public Places and Modifying the Terms of
Repayment for Prior Appropriations from the Light and Power Fund.
This Ordinance, unanimously adopted on First Reading on May 20, 2025, requests appropriation
of $12 million of prior year reserves from the Light & Power Fund for use in Broadband’s (herein
referred to as “Connexion”) efforts to continue new customer installations, including building out
to multi-dwelling units (MDU’s) and mobile home parks, and providing for asset management.
These funds from Light & Power provide a significant portion of the total funding need over the
next 4 years and will be reimbursed to the Light & Power Fund, including interest, from the cash
flows generated by Connexion operations.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 079, 2025, Authorizing Transfers of Appropriations for
the Shields Street Protected Infrastructure – Lake Street to Stuart Street Project and the
Shields Street Separated Bike Lanes – Mulberry Street to Mountain Avenue Project.
This Ordinance, unanimously adopted on First Reading on May 20, 2025, transfers Active Modes
Plan Implementation funding to the Shields Street Protected Infrastructure – Lake Street to Stuart
Street and the Shields Street Separated Bike Lanes – Mulberry Street to Mountain Avenue capital
projects.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 080, 2025, Making a Supplemental Appropriation of an
Additional Award from the Colorado Auto Theft Prevention Authority Grant for the Fort
Collins Police Services Property Crimes Unit.
This Ordinance, unanimously adopted on First Reading on May 20, 2025, appropriates $19,011
of unanticipated revenue received from the Colorado State Patrol Department of Public Safety as
a modification to the previously awarded FY 2025 BATTLE (Beat Auto Theft Through Law
Enforcement) grant.
Adopted on Second Reading.
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5. Items Relating to Civic Center Master Plan: Municipal Court Renovation & Parking Services
Move.
A. Second Reading of Ordinance No. 081, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Parking Services Department Relocation Project
and Related Art in Public Places
B. Second Reading of Ordinance No. 082, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Municipal Court Expansion Project and Related
Art in Public Places
These Ordinances, unanimously adopted on First Reading on May 20, 2025, provide context for
two related requested appropriations for projects in the Civic Center Master Plan. The first will
expand City service capacity by moving Parking Services to the Civic Center Parking Structure to
vacate space in the 215 North Mason Street building to allow for the expansion of the City
Municipal Court. The second recommended appropriation provides initial construction costs for
the expansion of the Municipal Court in the 215 North Mason Street building.
Appropriation recommendations:
$450,000 from reserves in the Parking Fund to the Capital Projects Fund for the relocation of
Parking Services to the Civic Center Parking Structure
$400,000 from General Government Capital Expansion Fee reserves within the Capital
Expansion Fund for the relocation of Parking Services as a condition precedent to the
Municipal Court construction and expansion
$8,500 transfer from the Capital Projects Fund to the Art in Public Places Program in the
Cultural Services & Facilities Fund for the relocation of Parking Services.
$4,300,000 from General Governmental Capital Expansion Fee reserves within the Capital
Expansion Fund for the Municipal Court construction and expansion project
$43,000 transfer from the Capital Projects Fund to the Art in Public Places Program in the Cultural
Services & Facilities Fund for the Municipal Court construction and expansion project.
Both Ordinances Adopted on Second Reading.
6. Second Reading of Ordinance No. 083, 2025, Amending Sections 20-21 and 20-25 of the
Code of the City of Fort Collins for the Purpose of Clarifying Exceptions to the Noise
Ordinance for Agricultural Activities.
This Ordinance, unanimously adopted on First Reading on May 20, 2025, further clarifies the
alignment of the municipal noise ordinance with Colorado statutes relating to exceptions for
agricultural operations.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 084, 2025, Designating as Non-Lapsing and Transferring
the Prior Appropriation of Philanthropic Revenue Received Through City Give by
Ordinance No. 055, 2025, for the Payment Assistance Fund.
This Ordinance, unanimously adopted on First Reading on May 20, 2025, requests that the
lapsing appropriation approved by Council on its passage of Ordinance No. 055, 2025, of
$443,600 in philanthropic revenue received through City Give, be designated by this Ordinance
as non-lapsing. These miscellaneous gifts to various City departments support a variety of
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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 Second Reading.
8. Items Relating to Motor Vehicle Noise.
A. Second Reading of Ordinance No. 086, 2025, Adopting Section 1418, Unreasonable Vehicle
Noise Prohibited in the Fort Collins Traffic Code.
B. Second Reading of Ordinance No. 087, 2025, Amending Section 17-129 of the Code of the
City of Fort Colins to Remove all Reference to Traffic Noise.
C. Second Reading of Ordinance No. 088, 2025, Amending Section 225 of the Fort Collins Traffic
Code to Clarify the Different Types of Equipment Violations Related to Mufflers.
D. Second Reading of Ordinance No. 089, 2025, Amending Section 1-15 of the Code of the City
of Fort Collins to Allow Some Specified Traffic Violations to be Designated as a Misdemeanor
Offense.
These Ordinances, unanimously adopted on First Reading on May 20, 2025, present
recommended changes to the City Code and Fort Collins Traffic Code to address enforcement of
unreasonable noise in the city related to Motor Vehicles.
All Ordinances Adopted on Second Reading.
9. Second Reading of Ordinance No. 090, 2025 Amending Section 9-23 of the Code of the City
of Fort Collins Regarding the Use of Fireworks.
This Ordinance, unanimously adopted on First Reading on May 20, 2025, presents recommended
changes to the Fort Collins City Code Section 9-23 to address enforcement for violations related
to fireworks.
Adopted on Second Reading.
10. First Reading of Ordinance No. 091, 2025, Amending the Code of the City of Fort Collins to
Discontinue the Art in Public Places Board and the Cultural Resources Board and Merge
their Functions into the Arts and Culture Board.
The purpose of this item is to discontinue the existing Art in Public Places Board and Cultural
Resources Board and to merge and adjust their functions for a new Arts and Culture Board.
Adopted on First Reading.
11. First Reading of Ordinance No. 092, 2025, Appropriating Prior Year Reserves in the Water
Fund to Support Acquisitions of Water Rights to Increase Yield, Reliability, and Resiliency
of the Utilities Water Supplies.
The purpose of this item is to request additional appropriation of $1,419,091 in the City’s Water
Fund to purchase water supplies that will increase the yield, reliability, and resiliency of the Fort
Collins Utilities water supplies. This includes shares in the North Poudre Irrigation Company and
the water rights in the Chase Ditch.
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Adopted on First Reading.
12. First Reading of Ordinance No. 093, 2025, Authorizing a Mid-year Budget Appropriation
from the Airport Fund for Northern Colorado Regional Airport.
The purpose of this item is to recommend a mid-year budget appropriation of $642,400 from the
Airport fund to support nine priority projects and initiatives identified by Airport staff and the Airport
Commission. These efforts are focused on improving airport facilities, strengthening operational
plans and procedures, addressing regulatory compliance requirements, enhancing financial
sustainability, and supporting efforts to attract commercial airline service.
The proposed funding will enable the Airport to make targeted investments that align with long-
term strategic goals and improve overall performance and service.
Adopted on First Reading.
13. First Reading of Ordinance No. 094, 2025, Amending Chapters 15 and 23 of the Code of the
City of Fort Collins Regarding the Requirements of Shared Micromobility Operations.
The purpose of this item is to address a potential regulatory gap under City Code by defining clear
requirements applicable to the operation of shared micromobility services within Fort Collins.
These requirements will allow FC Moves to ensure that operators of shared micromobility services
in the city consistently provide robust and reliable service and mitigate negative impacts on the
community and other right-of-way uses.
Adopted on First Reading.
14. First Reading of Ordinance No. 095, 2025, Amending Section 15-361 of the Code of the City
of Fort Collins to Clarify Right-of-Way Contractor Licensing Requirements.
The purpose of this item is to clarify the types of work that require a right-of-way contractor license
under City Code Section 15-361. As that section is currently written, it is ambiguous what types
of “work” it is intended to apply to, leaving it unclear whether operations like shared micromobility
services or outdoor vendors would require a right-of-way contractor license or not. This item
defines “work” to mean constructing, installing or repairing any sidewalk, curb, gutter, driveway,
curb cut, street, alley or any other improvement in or under a public right-of-way, in the City.
Adopted on First Reading.
15. First Reading of Ordinance No. 096, 2025, Authorizing the Conveyance of Two Temporary
Construction Easements and Two Permanent Easements on a portion of Rigden Reservoir
to Larimer County for Construction of Stormwater Infrastructure Improvements for Count y
Road 40.
The purpose of this item is to authorize the conveyance of two (2) Temporary Construction
Easements and Two (2) Permanent Easements (collectively, the “Easements”) on a portion of
City property presently known as Rigden Reservoir for construction of stormwater infrastructure
improvements for the benefit of County Road 40 (E Horsetooth Road).
Adopted on First Reading.
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16. Items Relating to the Vine Drive and Jerome Street Intersection Improvements Project.
A. Resolution 2025-057 Authorizing the Execution of an Intergovernmental Agreement Regarding
a Grant of Funds for Improvements to the Intersection of Vine Drive and Jerome Street Between
the City of Fort Collins and the Downtown Development Authority.
B. First Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Vine Drive
and Jerome Street Intersection Improvements 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 and Urban Renewal Authority (URA) funds for the Vine Drive and
Jerome Street Intersection Improvements project (Project). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of Vine
Drive and Jerome Street. If approved, the items will: 1) authorize the Mayor to execute an
Intergovernmental Agreement (IGA) for the Project with the DDA; 2) transfer $135,200 of
Community Capital Improvement Program (CCIP) Bicycle Program funds to the Project; 3)
transfer $67,756.77 of Community Capital Improvement Program (CCIP) Pedestrian Program
funds to the Project; 4) appropriate $293,076 in URA funds to the Project; 5) transfer $146,472.87
in remaining 2050 Tax – Our Climate Future funds from previous appropriations to the Project; 6)
appropriate $144,000 of DDA grant funds to the Project; 7) appropriate $4,283.34 in
Transportation Capital Expansion Fee (TCEF) funds to the Project; 8) appropriate $87.42 of
Transportation Services Fund reserves to the Project; and 9) appropriate $4,370.76 (1%) of the
DDA grant and URA funds to the Art in Public Places (APP) program. The Conservation Trust
Fund will contribute $165,000 towards the Project as part of the 2026 annual budget process.
Removed From Consent Agenda.
17. Resolution 2025-061 Adopting the Transportation Capital Improvement Dashboard as a
Methodology and Foundation for the Transportation Capital Improvement Program
Prioritization and Planning.
The purpose of this item is to discuss the results of the Transportation Capital Improvement (TCI)
Dashboard effort as it relates to the City’s Transportation Capital Improvement Program
prioritization and planning and to request Council adopt the TCI dashboard as a methodology and
foundation for the transportation capital improvement program prioritization and planning. The
TCI dashboard is a methodology for evaluating and prioritizing transportation capital projects
identified in the Active Modes Plan (AMP), Transportation Capital Projects Prioritization Study
(TCPPS), and Strategic Trails Plan (STP) utilizing criteria developed from the City’s various
strategic plans.
Adopted.
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18. Resolution 2025-062 Authorizing an Intergovernmental Agreement Between the Cities of
Fort Collins, Greeley and Loveland for the Exchange of Judicial Services and Appointing
Temporary Judges.
The purpose of this item is to authorize an intergovernmental agreement (IGA) with the Cities of
Greeley and Loveland for judicial services to be used in the event that a conflict of interest or
other circumstance prevents the Municipal Judge and assistant judges from hearing a particular
Municipal Court case. This agreement is intended to replace a prior 2023 IGA between Fort
Collins, Loveland, and Greeley. A similar agreement was also in place prior to 2023. This
agreement is updated to include all current, eligible judges from each jurisdiction.
Adopted.
19. Resolution 2025-063 Authorizing the Execution of an Intergovernmental Agreement
Between the City and Colorado Department of Transportation to Fund Construction for the
Foothills Transit Station Project through State Multimodal Transportation and Mitigation
Options Funding.
The purpose of this item is to authorize the City Manager to execute an Intergovernmental
Agreement (IGA) with the Colorado Department of Transportation (CDOT). This IGA will result in
the receipt by Transfort of $317,669 in grant funds through the Multimodal Transportation &
Mitigation Options Fund (MMOF) for Fiscal Years (FY) 2025 and 2026.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-19, minus 16, 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 Ohlson requested additional information regarding Item No. 11, First Reading of
Ordinance No. 092, 2025, Appropriating Prior Year Reserves in the Water Fund to Support
Acquisitions of Water Rights to Increase Yield, Reliability, and Resiliency of the Utilities Water
Supplies. Donnie Dustin, Senior Water Resources Engineer, stated the Corps of Engineers permitting
process includes a future demand of around 38,400 acre feet, current demands are around 29,000
acre feet, and the firm yield of what can be met with current supplies is around 30,000 acre feet. The
projected increase in demand is due to increased population and large contractual uses.
Councilmember Ohlson requested additional information in a follow-up memo.
Dustin noted the Halligan water supply project will meet most of the demand and the appropriation
requested will help fund some North Poudre Irrigation shares that are planned to be acquired between
now and 2065.
Councilmember Ohlson requested additional information regarding Item No. 17, Resolution 2025-061
Adopting the Transportation Capital Improvement Dashboard as a Methodology and Foundation for
the Transportation Capital Improvement Program Prioritization and Planning as related to wildlife
crossing issues if that is an appropriate component of this dashboard. Brad Buckman, City Engineer,
replied that consideration is part of this process, and through the design process, the impacts to the
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environment and wildlife are considered for all projects, including wildlife crossings. He stated he
would provide additional details in a follow-up memo.
Councilmember Ohlson commented on language in Item No. 17 related to ‘evaluating projects to
provide riparian and wildlife corridors where they make sense’ and stated there are no such qualifiers
in documents presented to Council on other topics. City Manager DiMartino replied staff will work to
be more consistent in applying qualifying language.
Clerk’s Note: Mayor Arndt called for a break at 7:50 p.m., noting the meeting would resume at
8:00 p.m.
L) STAFF REPORTS - Staff Report: One Water Strategic Plan Update
The purpose of this item is to provide a progress update on the City’s ongoing One Water planning
efforts. This work supports City’s Council’s priority of protecting community water systems in an
integrated way to ensure resilient water resources and healthy watersheds.
In early 2024, the Water Utilities initiated a two-phased planning approach to the development of a
strategic One Water Plan to guide the planning, operations, and management of the City’s water
resources and water systems over the next 50 years. Phase 1 (Self-Assessment) of this work was
completed in March 2025 with the development of a One Water Action Framework Report, which
characterizes the current state of the City’s water resources, systems and practices and lays out the
City’s vision for One Water.
Building upon this work, Phase 2 (Plan Development) will begin in early June 2025. The work will
focus on the development of a One Water Strategic Plan that establishes goals and supporting
strategies needed to address the community’s current and anticipated water-related challenges using
collaborative and holistic water management approaches. The work will be informed by both internal
and community engagement and is expected to take approximately 10-12 months to complete.
Nicole Poncelet-Johnson, One Water Executive Director, noted the City’s Water, Wastewater, and
Stormwater Utilities began a One Water journey in 2020 and have since determined a more formal
approach needs to be taken through some strategic planning.
Jill Oropeza, Senior Director of Plant Science and Planning, provided an overview of the City’s
approach to becoming a One Water city, specifically as related to the One Water Strategic Plan. She
stated the principles involved in One Water include valuing water at every stage and in all forms,
looking for solutions that achieve multiple benefits, approaching decisions with a systems mindset
using watershed-scale thinking and action, and looking for ways to mitigate any unintended
consequences.
Oropeza stated the City recognizes there are numerous current and future pressures that will impact
the City’s water resources and infrastructure that have the potential to impact the ability to provide the
current level of service. She noted this initiative supports the City’s strategic objectives around
environmental health and the Council priority of protecting the community’s water systems in an
integrated way to ensure resilient resources and healthy watersheds.
Oropeza outlined the use of the Water Research Foundation’s One Water Cities Framework which
was designed to help municipalities do this work. She discussed the planning efforts around the Fort
Collins One Water Action Framework and noted some opportunities and needs that have been
identified include the development of a One Water Strategic Plan, building organizational alignment
and culture building around One Water, continuing to integrate the principles of One Water into project
and program delivery, and developing a system for performance tracking to monitor progress over
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time. Oropeza stated the development of key strategies and actions will begin in the coming months
and the resulting Strategic Plan will focus on performance and continual improvement.
Councilmember Ohlson requested some additional follow-up on certain items
M) COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
Commended Sunday’s Pride Festival.
Mayor Arndt requested a brief moment of silence for the recent terror attack in Boulder and in
recognition of hate never being welcomed in Fort Collins.
Councilmember Melanie Potyondy
Commended Sunday’s Pride Festival.
Attended the grand opening of the Village at Impala affordable housing development.
Attended the opening of the Museum of Discovery traveling exhibit “Nature All Around Us.”
Councilmember Tricia Canonico
Commended Sunday’s Pride Festival and grand opening of the Village at Impala.
Attended a Bike to School Day event at Kruse Elementary School and announced the June 25th
Bike to Work Day.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
16. Items Relating to the Vine Drive and Jerome Street Intersection Improvements Project.
A. Resolution 2025-057 Authorizing the Execution of an Intergovernmental Agreement Regarding
a Grant of Funds for Improvements to the Intersection of Vine Drive and Jerome Street Between
the City of Fort Collins and the Downtown Development Authority.
B. First Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Vine Drive
and Jerome Street Intersection Improvements 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 and Urban Renewal Authority (URA) funds for the Vine Drive and
Jerome Street Intersection Improvements project (Project). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of Vine
Drive and Jerome Street. If approved, the items will: 1) authorize the Mayor to execute an
Intergovernmental Agreement (IGA) for the Project with the DDA; 2) transfer $135,200 of
Community Capital Improvement Program (CCIP) Bicycle Program funds to the Project; 3)
transfer $67,756.77 of Community Capital Improvement Program (CCIP) Pedestrian Program
funds to the Project; 4) appropriate $293,076 in URA funds to the Project; 5) transfer $146,472.87
in remaining 2050 Tax – Our Climate Future funds from previous appropriations to the Project; 6)
appropriate $144,000 of DDA grant funds to the Project; 7) appropriate $4,283.34 in
Transportation Capital Expansion Fee (TCEF) funds to the Project; 8) appropriate $87.42 of
Transportation Services Fund reserves to the Project; and 9) appropriate $4,370.76 (1%) of the
DDA grant and URA funds to the Art in Public Places (APP) program. The Conservation Trust
Fund will contribute $165,000 towards the Project as part of the 2026 annual budget process.
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Item 1.
June 3, 2025
City of Fort Collins City Council Proceedings Page 262
Councilmember Ohlson stated he will not be voting for this item as he believes it is not the most
appropriate use of climate funds. He stated he would have preferred the funds go to building
incentives for the private sector or to making improvements to City buildings. He added that he
supports the project; however, he thought there could be a better source of funding. Jacob Castillo,
Chief Sustainability Officer, stated the Our Climate Future executive team recommended this funding
as the dollars were originally allocated for bike and pedestrian safety, which is a similar use to what
is proposed with this project. Additionally, since the dollars were able to be leveraged with other
funds, this project supports the reduction of greenhouse gas emissions and is possible to be executed
quickly.
Cortney Geary, FC Moves, stated this project will make improvements for bicyclists and pedestrians
at Vine and Jerome including rectangular rapid flashing beacons, side paths, and trail connections.
She noted the intersection was identified as a high priority in the Active Modes Plan and the Climate
Tax funding that is proposed to be used was previously appropriated to two projects focused on
implementing the Active Modes Plan: one that funded bike lanes on Laporte Avenue, which was
under budget and one for crossing improvements at multiple locations.
Geary noted staff evaluated the greenhouse gas emissions reductions impacts for the projects and
added that funding for this project includes DDA and URA funding as well and the project provides the
opportunity to demonstrate to taxpayers immediate, tangible benefits with entirely local funding.
Councilmember Ohlson stated that explanation has convinced him to support the item.
Mayor Arndt expressed support for the project and thanked the URA and DDA for their funding as
well.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt Resolution
2025-057 Authorizing the Execution of an Intergovernmental Agreement Regarding a Grant of
Funds for Improvements to the Intersection of Vine Drive and Jerome Street Between the City
of Fort Collins and the Downtown Development Authority.
The motion carried 6-0.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Potyondy, to adopt
Ordinance No. 085, 2025, Making Supplemental Appropriations and Appropriating Prior Year
Reserves and Authorizing Transfers of Appropriations for the Vine Drive and Jerome Street
Intersection Improvements Project and Related Art in Public Places, on First Reading.
The motion carried 6-0.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION – None.
P) RESUMED PUBLIC COMMENT
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
OB 2. Consideration of a Motion to Adjourn to 6:00 p.m. on June 10, 2025 for the purpose of
mid-year performance evaluations of Council's direct-report employees:
“I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, June 10, 2025, in order
to consider a motion to go into executive session to conduct mid-year performance reviews
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June 3, 2025
City of Fort Collins City Council Proceedings Page 263
of the Council’s direct report employees, and for such other business as may come before
the Council.”
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adjourn to
6:00 p.m. on June 10, 2025.
The motion carried 6-0.
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:31 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 40
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Vine Drive and Jerome Street Intersection Improvements Project and Related Art in
Public Places.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, enables the City to
receive and expend Downtown Development Authority (DDA) grant funds and Urban Renewal
Authority (URA) funds for the Vine Drive and Jerome Street Intersection Improvements project
(Project). The funds will be used for outreach, design, right-of-way acquisition, and construction
for improvements at the intersection of Vine Drive and Jerome Street. If approved, the item will:
1) transfer $135,200 of Community Capital Improvement Program (CCIP) Bicycle Program
funds to the Project; 2) transfer $67,756.77 of Community Capital Improvement Program (CCIP)
Pedestrian Program funds to the Project; 3) appropriate $293,076 in URA funds to the Project;
4) transfer $146,472.87 in remaining 2050 Tax – Our Climate Future funds from previous
appropriations to the Project; 5) appropriate $144,000 of DDA grant funds to the Project; 6)
appropriate $4,283.34 in Transportation Capital Expansion Fee (TCEF) funds to the Project; 7)
appropriate $87.42 of Transportation Services Fund reserves to the Project; and 8) appropriate
$4,370.76 (1%) of the DDA grant and URA funds to the Art in Public Places (APP) program.
The Conservation Trust Fund will contribute $165,000 towards the Project as part of the 2026
annual budget process.
Page 41
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Florian Fiebig, Project Manager, Engineering
Dana Hornkohl, Capital Projects Manager, Engineering
SUBJECT
Second Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Vine Drive
and Jerome Street Intersection Improvements Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, enables the City to receive and
expend Downtown Development Authority (DDA) grant funds and Urban Renewal Authority (URA) funds
for the Vine Drive and Jerome Street Intersection Improvements project (Project). The funds will be used
for outreach, design, right-of-way acquisition, and construction for improvements at the intersection of Vine
Drive and Jerome Street. If approved, the item will: 1) transfer $135,200 of Community Capital
Improvement Program (CCIP) Bicycle Program funds to the Project; 2) transfer $67,756.77 of Community
Capital Improvement Program (CCIP) Pedestrian Program funds to the Project; 3) appropriate $293,076
in URA funds to the Project; 4) transfer $146,472.87 in remaining 2050 Tax – Our Climate Future funds
from previous appropriations to the Project; 5) appropriate $144,000 of DDA grant funds to the Project; 6)
appropriate $4,283.34 in Transportation Capital Expansion Fee (TCEF) funds to the Project; 7) appropriate
$87.42 of Transportation Services Fund reserves to the Project; and 8) appropriate $4,370.76 (1%) of the
DDA grant and URA funds to the Art in Public Places (APP) program. The Conservation Trust Fund will
contribute $165,000 towards the Project as part of the 2026 annual budget process.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
East Vine Drive and Jerome Street intersect in northeast Fort Collins, just north of the Poudre River
Whitewater Park (Attachment 1). The City’s current Master Street Plan (adopted December 2023)
designates Vine Drive and Jerome Street as two-lane collectors. Jerome is stop-controlled at Vine, and
there are no crossing facilities at the intersection. The City’s Active Modes Plan (adopted December 2022)
recommends pedestrian and bicycle crossing improvements at the intersection (Interactive Web Map). The
City’s North College MAX Bus Rapid Transit Plan also recommends a roadway crossing improvement at
Vine Drive and Jerome Street as a key improvement to support active mode use in the North College area
and improve access to public transportation. The City’s Strategic Trails Plan (in development and
scheduled to go before Council for adoption on July 1, 2025) includes a proposed trails map that depicts a
trail connection between northeast Fort Collins and the Whitewater Park through this intersection. This
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
regional trail extension was originally identified in the 2013 Paved Recreational Trails Plan and has been
carried over through the update of the Strategic Trails Plan.
This intersection is a gateway and connection point between northeast Fort Collins and destinations such
as the Whitewater Park, the Poudre River Trail, and Old Town Fort Collins. The City has reviewed recent
development proposals in the immediate area of the intersection (Attachment 2), and as northeast Fort
Collins continues to grow, the number of people walking, biking, and rolling will increase through this
intersection. An active modes traffic count and observation study was performed in August of 2024. The
following observations were noted during the data collection process, indicating the need for intersection
crossing improvements:
36% of bicyclists observed cut diagonally through the intersection, crossing the yellow road centerline
rather than completing a full turn (see Figure 1)
26% of all bicyclists observed riding on the sidewalk
Wrong way riding in the Vine bike lane to access sidewalk ramp
Traveling the wrong way in a bike lane
Pedestrian crossing where no sidewalk exists (see Figure 2)
Figure 1 - Cutting across intersection Figure 2 - Pedestrian crossing where no sidewalk exists
In June 2021, a person riding a bike was killed in a crash at this intersection (Bike Fort Collins Ride of
Silence 2022). The Active Modes Plan was under development at the time and numerous community
engagement comments indicated the need for crossing improvements at this location. In 2022, the City
was awarded a 2024 Highway Safety Improvement Program (HSIP) grant to perform crossing
improvements at this intersection. The Powerhouse 2 development was going through development review
at the time and the developer agreed to contribute funding and construct the improvements as part of their
development. The developer approached URA staff to inquire if the URA could participate in helping to
fund the crossing improvements; however, grant funds could not be utilized to reimburse the developer for
the City’s portion of construction costs. Staff proposed utilizing local funding for developer reimbursement
and seeking approval from the Colorado Department of Transportation (CDOT) to substitute a new location
for the Vine and Jerome HSIP award. CDOT agreed to this proposal. Unfortunately, the Powerhouse 2
development has not moved forward, and the substitute location was ultimately withdrawn from the HSIP
award due to significant inflation of construction costs.
In the interim, staff representing FC Moves, Park Planning and Development, Traffic Operations, and
Engineering have developed a conceptual proposed plan (Attachment 3) to advance the Project and seek
additional funding. The conceptual plan includes the following:
1. Two-way pedestrian crossing of Vine Drive on the east side of Jerome Street.
2. Bicycle crossings (northbound and southbound) of Vine Drive on either side of Jerome Street.
3. Rectangular Rapid Flashing Beacons (RRFBs) with push buttons for pedestrians and cyclists.
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
4. Protected bike corner island on the west side of Jerome Street intended to reduce right turn speeds
and protect cyclists waiting to activate the beacon and cross the street.
5. Improved and widened sidepath (trail) on the south side of the intersection (Vine Drive) with Americans
with Disabilities Act (ADA) compliant ramps, connecting to the Whitewater Park and Poudre River Trail.
6. Widened sidepath (trail) on the east side of Jerome Street to serve as the northeast trail extension.
7. New striping, signing, and marking of the intersection to safely facilitate ped estrian and bicycle
movements.
The Project plan does not include pedestrian improvements on the west side of Jerome Street. There is no
existing sidewalk infrastructure on this side of Jerome. New development would be responsible for building
this infrastructure. The Project would accommodate this future infrastructure with minimal signing and
striping changes.
Portions of the Project site lie within the North College URA, north of Vine Drive and the DDA boundary,
south of Vine Drive. Staff went before the URA Board in January 2025 to present the Project and request
financial participation in the Project. The URA has agreed to contribute $293,076 toward the Project. Staff
went to the DDA’s Director’s Meeting in February 2025 to present the Project and request financial
participation. The DDA agreed to contribute $82,659 toward the Project as well as $61,341 toward urban
design elements for the active modes gateway to Old Town. The total DDA contribution is $144,000, and
the DDA and the City have negotiated an IGA to provide the terms of the grant funding.
The remaining Project funding includes traditional transportation capital project funding from CCIP bicycle
and pedestrian funds, TCEF, and Transportation Services funds. The Conservation Trust Fund is
contributing funding for elements of the northeast trail system included in the Project. Transfers of the 2050
Tax – Our Climate Future funds from two similar and completed active modes related projects (1. Centre
Avenue Crossing Improvements and 2. Laporte Avenue Bike Lanes) will also help fund the Project. The
Our Climate Future Executive Committee was consulted on these transfers and agrees with the alignment
between the original projects and this Project.
Outreach, design, and right-of-way acquisition are scheduled to be completed in 2025. Construction would
begin in early 2026.
CITY FINANCIAL IMPACTS
The following table is a summary of the proposed funding appropriation for the Vine Drive and Jerome
Street Intersection Improvements project.
The Project funding amount used to calculate the APP program contribution is $437,076. This is the funding
contributed to the Project by the URA and DDA. All other funding sources made their APP contribution as
part of their original appropriation. The TCEF and Transportation Services Fund Reserves are for the APP
contribution.
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Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
The total fund amount proposed for the Project is $951,505.64 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The URA Board supports the Project and authorized a contribution of $293,076 to the Project on January
23, 2025 (Attachment 4). The DDA Directors support the Project and authorized a contribution of $144,000
to the Project on February 13, 2025 (Attachment 5). The Project was identified as part of the Active Modes
Plan adopted by City Council in December 2022. The Transportation Board recommended Council
adoption of the Active Modes Plan.
PUBLIC OUTREACH
Staff will work with the DDA and the Communications and Public Involvement Office to develop and
implement a comprehensive public engagement plan for the Project.
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 085, 2025
Community Capital Improvement Program (CCIP) Bicycle
Program (previously appropriated)135,200.00$
Community Capital Improvement Program (CCIP) Pedestrian
Program (previously appropriated)67,756.77$
Urban Renewal Authority (URA) Funds 293,076.00$
2050 Tax - Our Climate Future Transfers 146,472.87$
Downtown Development Authority (DDA) Funds - Project 82,659.00$
Downtown Development Authority (DDA) Funds - Urban Design 61,341.00$
Transportation Capital Expansion Fee (TCEF) Funds 4,283.34$
Transportation Services Funds Reserves 87.42$
Total Funds to be Appropriated per this Action 790,876.40$
Proposed Transfer to Art in Public Places 4,370.76$
Proposed Transfer from Conservation Trust Fund (to
be appropriated via the 2026 budget)165,000.00$
Total Proposed Project Funds 951,505.64$
Funds to be Appropriated per this Action
Page 45
Item 2.
- 1 -
ORDINANCE NO. 085, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE VINE DRIVE AND
JEROME STREET INTERSECTION IMPROVEMENTS 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 2025-057, between
the City and the Downtown Development Authority (“DDA”) for the Vine Drive and Jerome
Street Intersection Improvements project (“Project”). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of
Vine Drive and Jerome Street.
B. East Vine Drive and Jerome Street intersect in northeast Fort Collins, just
north of the Poudre River Whitewater Park. The City’s current Master Street Plan
(adopted December 2023) designates Vine Drive and Jerome Street as two -lane
collectors.
C. Currently, traffic on Jerome Street is controlled by a four way stop sign at
the intersection of Jerome Street and Vine Drive, but there are no crossing facilities at the
intersection. The City’s Active Modes Plan (adopted December 2022) recommends
pedestrian and bicycle crossing improvements at the intersection. The City’s North
College MAX Bus Rapid Transit Plan also recommends a roadway crossing improvement
at Vine Drive and Jerome Street as a key improvement to support active mode use in the
North College area and improve access to public transportation.
D. The City’s Strategic Trails Plan, which is in development and scheduled to
go before City Council for adoption on July 1, 2025, includes a proposed trails map that
depicts a trail connection between northeast Fort Collins and th e Whitewater Park through
this intersection. This regional trail extension was originally identified in the 2013 Paved
Recreational Trails Plan and has been carried over through the update of the Strategic
Trails Plan.
E. As northeast Fort Collins continues to grow, the number of people walking,
biking, and engaged in other active modes of transportation will increase through this
intersection, which is a gateway and connection point between northeast Fort Collins and
destinations such as the Whitewater Park, the Poudre River Trail, and Old Town Fort
Collins.
F. An active modes traffic count and observation study was performed in
August of 2024. The observations in the study indicate the need for intersection crossing
improvements. These observations include data establishing that 36% of bicyclists
observed cut diagonally through the intersection, crossing the yellow road centerline
rather than completing a full turn; 26% of all bicyclists observed rode on the sidewalk;
Page 46
Item 2.
- 2 -
bicyclists rode the wrong way in the Vine bike lane to access a sidewalk ramp; bicyclists
traveled the wrong way in a bike lane; and pedestrians crossed where no sidewalk exists.
G. In June 2021, a person riding a bike was killed in a crash at this intersection .
H. City staff representing FC Moves, Park Planning and Development, Traffic
Operations, and Engineering have developed the Project to address these safety and
infrastructure concerns. A conceptual proposed plan for the Project includes the following:
Two-way pedestrian crossing of Vine Drive on the east side of Jerome Street;
Bicycle crossings (northbound and southbound) of Vine Drive on either side of
Jerome Street;
Rectangular Rapid Flashing Beacons (“RRFBs”) with push buttons for
pedestrians and cyclists;
Protected bike corner island on the west side of Jerome Street intended to
reduce right turn speeds and protect cyclists waiting to activate the beacon and
cross the street;
Improved and widened sidepath (trail) on the south side of the intersection
(Vine Drive) with Americans with Disabilities Act (“ADA”) compliant ramps,
connecting to the Whitewater Park and Poudre River Trail;
Widened sidepath (trail) on the east side of Jerome Street to serve as the
northeast trail extension; and
New striping, signing, and marking of the intersection to safely facilitate
pedestrian and bicycle movements.
I. Portions of the Project site lie within the North College Urban Renewal
Authority (“URA”) area, north of Vine Drive and the DDA boundary, south of Vine Drive.
J. Staff attended the URA Board in January 2025, presented the Project for
the URA Board’s recommendation, and requested financial participation in the Project.
The URA voted to contribute $293,076 toward the Project.
K. Staff attended the DDA’s Director’s Meeting in February 2025, presented
the Project, and requested financial participation. The DDA voted to contribute $82,659
toward the Project as well as $61,341 toward urban design elements for the active modes
gateway to Old Town.
L. Project funding also includes traditional transportation capital project
funding from Community Capital Improvement Program (“CCIP”) bicycle and pedestrian
funds, Transportation Capital Expansion Fees, and Transportation Services funds. The
Conservation Trust fund is contributing funding for elements of the northeast trail system
included in the Project ($165,000 towards the Project as part of the 2026 annual budget
process). Transfers of the 2050 Tax – Our Climate Future funds from two similar and
completed active modes related projects (Centre Avenue Crossing Improvements and
Laporte Avenue Bike Lanes) will also help fund the Project. The Our Climate Future
Page 47
Item 2.
- 3 -
Executive Committee was consulted on these transfers and agrees with the alignment
between the original projects and this Project.
M. 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.
N. The City Manager has recommended the appropriations described in
Section 6 and Section 7 and determined that the funds to be appropriated in those
Sections are available and previously unappropriated from the Capital Projects fund that
these appropriations 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.
O. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
P. The City Manager has recommended the appropriations described in
Section 8 and Section 9 and determined that the funds to be appropriated in those
Sections are available and previously unappropriated from Transportation Services fund
and the Transportation Capital Expansion Fee fund and that these appropriations will not
cause the total amount appropriated in the Transportation Services fund and the
Transportation Capital Expansion Fee 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.
Q. 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.
R. The City Manager has recommended the transfers of appropriations in
Sections 1 through 5 and Sections 10 through 12, including the transfer of $135,200 from
the Bicycle CCIP capital project account in the Capital Projects fund to the Vine Drive and
Jerome Street Intersection Improvements Project in the Capital Project fund, $65,757
from the Pedestrian CCIP capital project account in the Capital Projects fund to the Vine
Drive and Jerome Street Intersection Improvements Project in the Capital Projects fund,
Page 48
Item 2.
- 4 -
$293,076 in the Urban Renewal Authority fund to the Capital Projects fund, $146,473
from the 2050 Tax Parks Rec Transit OCF fund to the Capital Projects fund, $4,283 from
the Transportation Capital Expansion Fee fund to the Capital Projects fund, $87 from the
Transportation Services fund to the Capital Projects fund and $4,370 from the Capital
Projects fund to the Cultural Services fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
S. 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.
T. The project cost of $437,000, that originated from the URA and DDA
contributions, has been used to calculate the contribution to the APP program.
U. The remainder of the project cost being appropriated in this Ordinance is
ineligible for use in the APP Program due to previously contributing to the APP program.
V. The amount to be contributed in this Ordinance will be $4,370.
W. 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.
X. The City Council wishes to designate the appropriations herein for the Vine
Drive and Jerome Street Intersection Improvements Project as appropriations that shall
not lapse until the completion of the Project.
Y. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose s of improving
multimodal 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. The unexpended and unencumbered appropriated amount of ONE
HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED DOLLARS ($135,200) is
authorized for transfer from the Bicycle CCIP capital project account in the Capital
Projects fund to the Vine Drive and Jerome Street Intersection Improvements Project
account in the Capital Projects fund and appropriated therein to be expended for the Vine
Drive and Jerome Street Intersection Improvements Project.
Section 2. The unexpended and unencumbered appropriated amount of
SIXTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-SEVEN DOLLARS ($67,757) is
Page 49
Item 2.
- 5 -
authorized for transfer from the Pedestrian CCIP capital project account in the Capital
Projects fund to the Vine Drive and Jerome Street Intersection Improvements Project
project account in the Capital Projects fund and appropriated therein to be expended for
the Vine Drive and Jerome Street Intersection Improvements Project.
Section 3. The unexpended and unencumbered appropriated amount of TWO
HUNDRED NINETY-THREE THOUSAND SEVENTY-SIX DOLLARS ($293,076) is
authorized for transfer from the Urban Renewal Authority fund to the Capital Projects fund
and appropriated therein to be expended for the Vine Drive and Jerome Street
Intersection Improvements Project.
Section 4. The unexpended and unencumbered appropriated amount of ONE
HUNDRED FOUR THOUSAND TWO HUNDRED NINE DOLLARS ($104,209) is
authorized for transfer from the Bike/Ped Crossing Project in the 2050 Tax Parks Rec
Transit OCF fund to the Capital Projects fund and appropriated therein to be expended
for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 5. The unexpended and unencumbered appropriated amount of
FORTY-TWO THOUSAND TWO HUNDRED SIXTY-THREE DOLLARS: ($42,263) is
authorized for transfer from the Laporte Ave Bike Lanes Project in the 2050 Tax Parks
Rec Transit OCF fund to the Capital Projects fund and appropriated therein to be
expended for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 6. There is hereby appropriated from new revenue or other funds from
the DDA contribution in the Capital Projects fund the sum of EIGHTY-TWO THOUSAND
SIX HUNDRED FIFTY-NINE DOLLARS ($82,659) to be expended in the Capital Projects
fund for the Vine Drive and Jerome Street Intersection Improvements Project .
Section 7. There is hereby appropriated from new revenue or other funds from
the DDA contribution in the Capital Projects fund the sum of SIXTY-ONE THOUSAND
THREE HUNDRED FORTY-ONE DOLLARS ($61,341) to be expended in the Capital
Projects fund for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 8. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion fund the sum of FOUR THOUSAND TWO HUNDRED
EIGHTY-THREE DOLLARS ($4,283) to be expended in the Transportation Capital
Expansion Fee fund for transfer to the Capital Projects fund to be used for the APP
contribution for the Vine Drive and Jerome Street Improvements Project.
Section 9. There is hereby appropriated from prior year reserves in the
Transportation Services fund the sum of EIGHTY-SEVEN DOLLARS ($87) to be
expended in the Transportation Services fund for transfer to the Capital Projects fund to
be used for the APP contribution for the Vine Drive and Jerome Street Intersection
Improvements Project.
Page 50
Item 2.
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Section 10. The unexpended and unencumbered appropriated amount of
THREE THOUSAND FOUR HUNDRED NINE DOLLARS ($3,409) 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 11. The unexpended and unencumbered appropriated amount of EIGHT
HUNDRED SEVENTY-FOUR DOLLARS ($874) 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 12. The unexpended and unencumbered appropriated a mount of
EIGHTY-SEVEN DOLLARS ($87) 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 13. The appropriations herein for the Vine Drive and Jerome Street
Intersection Improvements Project are hereby designated, as authorized in Article V,
Section 11 of the City Charter, as appropriations that shall not lapse at the end of this
fiscal year but continue until the completion of the Project.
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Heather N. Jarvis
Exhibits: None
Page 51
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 091, 2025, Amending the Code of the City of Fort
Collins to Discontinue the Art in Public Places Board and the Cultural Resources Board
and Merge their Functions into the Arts and Culture Board.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, discontinues the
existing Art in Public Places Board and Cultural Resources Board and merges and adjusts their
functions for a new Arts and Culture Board.
Page 52
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Solara Clark, Project Coordinator, Cultural Services
Liz Good, Visual Arts Coordinator, Cultural Services
Ellen Martin, Lead Specialist, Cultural Services
Eileen May, Director, Cultural Services
SUBJECT
Second Reading of Ordinance No. 091, 2025, Amending the Code of the City of Fort Collins to
Discontinue the Art in Public Places Board and the Cultural Resources Board and Merge their
Functions into the Arts and Culture Board.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, discontinues the existing Art in
Public Places Board and Cultural Resources Board and merges and adjusts their functions for a new Arts
and Culture Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Cultural Services Department is proposing the dissolution of the Art in Public Places Board and the
Cultural Resources Board to merge their responsibilities into a single Arts and Culture Board. This change
supports the City's broader goal of shifting from complexity to simplicity in its Boards and Commission’s
structure. After reviewing peer city models and internal needs, the department concluded that one cohesive
board will more effectively provide advocacy and strategic guidance across the department’s work,
including public art, cultural initiatives, and community engagement. The new board structure is designed
to ensure a balanced workload and allow members to focus deeply on a wide range of art and cultural
priorities without becoming overextended.
The proposed Arts and Culture Board will be established as a Type 2 advisory board, consistent with the
current structure of both the Art in Public Places Board and the Cultural Resources Board. The board is
expected to include nine members, with responsibilities focused on providing guidance and advocacy
across the full spectrum of Cultural Services. This includes advocacy for the Fort Collins Museum of
Discovery, The Lincoln Center, Gardens on Spring Creek, Art in Public Places, Cultural Community
Programs, Center for Creativity, Fort Fund Grant Program, and Arts and Culture Masterplan. The structure
is intended to ensure broad representation and engagement across the department’s diverse programs
and initiatives. The new Board would be anticipated to start in April of 2026 in alignment with the Boards
and Commission’s new member timeline and start dates across the organization.
Page 53
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Both current boards have been informed of the proposed transition. Existing members will not automatically
transfer to the new board; instead, all current interested board members are encouraged to apply for a seat
on the new board. This will ensure an open and equitable process. This restructuring streamlines how the
department receives input and also strengthens its ability to elevate a range of community perspectives
and respond more effectively to the evolving art and cultural landscape of Fort Collins.
CITY FINANCIAL IMPACTS
The proposed Arts and Culture Board is not expected to have any direct financial impact on the City
finances. While the board may review and provide input on budgets related to the Art in Public Places
Program, which operates with a dedicated funding source, and the Cultural Services department, it will not
oversee or manage funding directly. This is consistent with the current roles of the Art in Public Places
Board and the Cultural Resources Board, and no additional financial resources or staffing are anticipated
as a result of this transition.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Both the Art in Public Places Board and the Cultural Resources Board have been informed of the proposed
changes, and the overall consensus has been supportive of the plan to merge the two boards. As expected,
some questions were raised regarding potential impacts on board responsibilities. Staff have been actively
working with board members to address these inquiries and provide as much clarity and information as
possible throughout the process.
PUBLIC OUTREACH
If the proposed ordinance and changes are approved by Council, staff will actively engage with the public
to share information about the transition and highlight opportunities to get involved with the newly
established Arts and Culture Board.
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 091, 2025
Page 54
Item 3.
-1-
ORDINANCE NO. 091, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
DISCONTINUE THE ART IN PUBLIC PLACES BOARD AND THE
CULTURAL RESOURCES BOARD AND MERGE THEIR
FUNCTIONS INTO THE ARTS AND CULTURE BOARD
A. The City Council established two volunteer boards relating to arts and
culture: the Art In Public Places Board, a seven -member board that reviews, approves,
and makes recommendations about artwork created through the Art in Public Places
program, and the Cultural Resources Board, a seven-member board that makes
recommendations to the City Council about the Cultural Services Department and
provides recommendations about programs to fund through the Fort Fund program.
B. To improve the efficiency and accessibility of City government, the City
Council seeks to combine these two boards and their functions into one new nine -member
board, the Arts and Culture Board. The Arts and Culture Board will make
recommendations to the Director of Cultural Services and City Council on arts and culture
matters in the City, advise and make recommendations relating to the Arts in Public
Places program, and review proposals for the Fort Fund program as requested by the
Director of Cultural Services.
C. By operation of this Ordinance, the Art in Public Places Board and the
Cultural Resources Board will terminate on April 1, 2026. The new Arts and Culture Board
will be created on April 1, 2026. Members of the Art and Public Places Board and the
Cultural Resources Board will be able to apply for membership on the Arts and Culture
Board.
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 2-143 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (c) which reads in its entirety as follows:
Sec. 2-143. - Art in Public Places Board.
. . .
(c) All terms of members of the Board shall terminate April 1, 2026.
Section 2. Effective April 1, 2026, Section 2-143 of the Code of the City of Fort
Collins, regarding the Art in Public Places Board, is repealed in its entirety and replaced
with the following new Section 2-143, Arts and Culture Board:
Page 55
Item 3.
-2-
Sec. 2-143. - Arts and Culture Board
(a) The City shall have an Arts and Culture Board, hereafter referred to in this Section
as the "Board." The Board shall consist of nine (9) members. The City Council shall
endeavor to appoint members of the Board who are arts professionals. For the purpose
of this Section, arts professional shall mean a person who has either a degree in an arts
related field or experience in arts and culture.
(b) The Board shall have the following functions:
(1) To assist, advise and make recommendations to the Director of Cultural
Services and City Council on arts and culture matters and regarding opportunities
to promote awareness, understanding, advocacy, and appreciation for the value
of arts and culture in the community. This may include providing assistance, advice
and recommendations regarding the following programs, facilities and plans:
a. Fort Collins Museum of Discovery
b. The Lincoln Center
c. Gardens on Spring Creek
d. Art in Public Places
e. Cultural Community Programs
f. Center for Creativity
g. Cultural Grant Programs
h. Arts and Culture Masterplan
(2) To support the City’s Arts and Culture Masterplan;
(3) To encourage a diverse cross-section of City residents to participate in the
City’s arts and culture programs and initiatives;
(4) To review proposals for funding from the Cultural Development and
Programming Account and the Tourism Programming Account, as requested by
the Director of Cultural Services;
(5) To advise and make recommendations to the Cultural Services Department
and the City Council regarding works of art funded by or donated to the Art in Public
Places program, as required in Chapter 23, Article XII of the City Code, and
following the established and published Art in Public Places Guidelines, as defined
in Section 23-302.
Section 3. Section 2-145 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Subsection (c) which reads in its entirety as follows:
Page 56
Item 3.
-3-
Sec. 2-145. - Cultural Resources Board
. . .
(c) All terms of members of the Board shall terminate April 1, 2026.
Section 4. Effective April 1, 2026, Section 2-145 of the Code of the City of Fort
Collins, regarding the Cultural Resources Board, is repealed in its entirety.
Section 5. Effective April 1, 2026, Section 23-302 of the Code of the City of Fort
Collins is hereby amended by amending the definition of “Art in Public Places Board (or
APP Board)” to read as follows:
Sec. 23-302. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meaning
ascribed to them in this Section:
. . .
Board shall mean the Arts and Culture Board, as established and described in Chapter
2, Article III, Division 3 of this Code.
. . .
Section 6. The definition of Art in Public Places Coordinator (or APP
Coordinator) contained in Section 23-302 of the Code of the City of Fort Collins is hereby
deleted in its entirety.
Section 7. Section 23-307 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-307. Administration.
The Director of the Cultural Services Department shall administer the provisions of this
Article in a manner consistent with the APP Guidelines. The guidelines shall provide for
the selection of works of art; the placement and presentation of works of art; the
maintenance, repair and care of works of art; the payment for works of art; the acceptance
of donations of works of art; and such other matters as the Director deems necessary and
appropriate.
Section 8. Section 23-308 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 57
Item 3.
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Sec. 23-308. Acquisition of works of art.
The Board shall make recommendations to the City Council concerning the use of funds
in excess of thirty thousand dollars ($30,000.) for the acquisition, installation and
maintenance of works of art. The construction project from which the funds were
generated should generally be the site where the funds will be used. However, funds may
be expended at other sites when the Board determines such expenditure is appropriate
based on the considerations set forth in the guidelines. The Board may appoint a selecti on
committee to make recommendations to the Board concerning the selection of artists,
works of art and the placement of works of art. The selection committee may include
artists, architects, City representatives and members of the public.
Section 9. Section 23-309 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-309. Acquisition of donated artwork.
All works of art with a value of three hundred dollars ($300.) or more donated to the City
to be placed in a public area may be accepted only with approval of the Board, and all
such works with a value of ten thousand dollars ($10,000.) or more may be accepted only
with approval of the City Council, upon review of such proposed donation and the
recommendation of the Board. The City shall accept ownership and responsibility for
maintenance only of works of art that meet the objectives of the APP Program, and the
criteria for works of art and site selection set forth in the APP Guidelines. Funds for the
installation and maintenance of donated works of art will be funded by the APP program.
Those works of art donated to the Fort Collins Museum for its collection purposes shall
be exempt from this process.
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 58
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 092, 2025, Appropriating Prior Year Reserves in the
Water Fund to Support Acquisitions of Water Rights to Increase Yield, Reliability, and
Resiliency of the Utilities Water Supplies.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, requests additional
appropriation of $1,419,091 in the City’s Water Fund to purchase water supplies that will
increase the yield, reliability, and resiliency of the Fort Collins Utilities water supplies. This
includes shares in the North Poudre Irrigation Company and the water rights in the Chase Ditch.
Page 59
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Donnie Dustin, Senior Water Resources Engineer
Jen Dial, Water Resources Manager
Kerri Ishmael, Senior Analyst, Utility Financial Operations
SUBJECT
Second Reading of Ordinance No. 092, 2025, Appropriating Prior Year Reserves in the Water Fund
to Support Acquisitions of Water Rights to Increase Yield, Reliability, and Resiliency of the Utilities
Water Supplies.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, requests additional appropriation
of $1,419,091 in the City’s Water Fund to purchase water supplies that will increase the yield, reliability,
and resiliency of the Fort Collins Utilities water supplies. This includes shares in the North Poudre Irrigation
Company and the water rights in the Chase Ditch.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The City of Fort Collins Utilities (“Utilities”) water service area demand is projected to grow by 37% over
the next few decades. The cost for water supplies has increased significantly in recent years, with the cost
projected to increase based on competition for their acquisition increasing and availability decreasing.
To plan for acquiring water rights and facilities to meet future water supply needs, the Utilities Water
Resources Division has and will continue annual budget requests. Based on the current market value of a
North Poudre Irrigation Company (“NPIC”) share (~$245k to $250k) and a current opportunity to purchase
up to 8 NPIC shares, the Water Resources Division needs an additional $1,093,091 to acquire these
shares. These shares come with units in the Colorado-Big Thompson Project (CBT) that can be stored in
Horsetooth Reservoir and will increase the Utilities firm yield of water supply (amount of water expected to
be received in a 1 in 50-year drought) by 12.6 acre-feet annually. An estimated 173 additional NPIC shares
(in addition to the completion of the Halligan Water Supply Project) are needed to meet demands through
2065, so this acquisition would meet about 5% of that need for more NPIC shares.
In addition, the Water Resources Division has an opportunity to purchase the water right in the Chase
Ditch, which diverts off the North Fork of the Poudre River below Halligan Reservoir. This water would
remain in the river helping to meet permit mitigation requirements of the Halligan Water Suppl y Project.
The cost of purchasing this water right is $326,000.
Page 60
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $1,419,091 for Water Fund non-lapsing expenses. Water Fund reserves
are available for this appropriation and are projected to end 2025 above the City’s fund reserve target.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 092, 2025
Page 61
Item 4.
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ORDINANCE NO. 092, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND TO
SUPPORT ACQUISITIONS OF WATER RIGHTS TO INCREASE YIELD,
RELIABILITY, AND RESILIENCY OF THE UTILITIES WATER SUPPLIES
A. The City owns and operates Fort Collins Utilities (“Utilities”), which includes
a water utility that provides water service to customers in its service area. Demands in
Utilities’ water service area are expected to grow in the coming decades.
B. Utilities plans for the acquisition of additional water rights to increase water
supplies to meet these demands. Such additional water rights include shares in the North
Poudre Irrigation Company (“NPIC Shares”). NPIC Shares include rights to Colorado-Big
Thompson Project water stored in Horsetooth Reservoir. NPIC Shares will thus increase
the yield, reliability, and resiliency of Utilities water supplies. Prices for NPIC Shares have
been increasing, such that acquiring them sooner is prudent.
C. Utilities is also pursuing the Halligan Water Supply Project (“Halligan
Project”), among other reasons, to meet future demands. The Halligan Project includes
the enlargement of Halligan Reservoir on the North Fork of the Cache la Poudre River
(“North Fork”). Utilities will deliver its water stored in the enlarged Halligan Reservoir
down the North Fork and anticipates having flow obligations on the North Fork. Utilities
is thus interested in reducing diversions from and increasing flows in the North Fork to
assist Halligan Project operations, which will positively impact the yield, reliability, and
resiliency from the Halligan Project to meet demands. The acquisition of the water right
for the Chase Ditch, which diverts from the North Fork below Halligan Reservoir , is an
opportunity to reduce diversions from and increase flows in the North Fork.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of increasing the yield, reliability,
and resiliency of Utilities water supplies to meet future demands by acquiring shares in
the North Poudre Irrigation Company and by acquiring the water right for the Chase Ditch.
E. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Water Fund and that this appropriation will not cause the total
amount appropriated in the Water 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 62
Item 4.
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G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capitalizable asset, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue through the life of the asset.
H. The City Council wishes to designate the appropriation herein for NPIC and
Chase Ditch water rights purchases as an appropriation that shall not lapse.
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 Water
Fund the sum of ONE MILLION FOUR HUNDRED NINETEEN THOUSAND NINETY-
ONE DOLLARS ($1,419,091) to be expended in the Water Fund for the purchases of
shares in the North Poudre Irrigation Company and the water right in the Chase Ditch.
Section 2. The appropriation herein for the purchases of shares in the North
Poudre Irrigation Company and the water right in the Chase Ditch are 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 through the life of the asset.
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Eric Potyondy
Exhibits: None
Page 63
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 093, 2025, Authorizing a Mid-year Budget
Appropriation from the Airport Fund for Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, recommends a mid-
year budget appropriation of $642,400 from the Airport fund to support nine priority projects and
initiatives identified by Airport staff and the Airport Commission. These efforts are focused on
improving airport facilities, strengthening operational plans and procedures, addressing
regulatory compliance requirements, enhancing financial sustainability, and supporting efforts to
attract commercial airline service.
The proposed funding will enable the Airport to make targeted investments that align with long-
term strategic goals and improve overall performance and service.
Page 64
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
John S. Kinney, Director, Northern Colorado Regional Airport
SUBJECT
Second Reading of Ordinance No. 093, 2025, Authorizing a Mid-year Budget Appropriation from
the Airport Fund for Northern Colorado Regional Airport.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, recommends a mid-year budget
appropriation of $642,400 from the Airport fund to support nine priority projects and initiatives identified by
Airport staff and the Airport Commission. These efforts are focused on improving airport facilities,
strengthening operational plans and procedures, addressing regulatory compliance requirements,
enhancing financial sustainability, and supporting efforts to attract commercial airline service.
The proposed funding will enable the Airport to make targeted investments that align with long-term
strategic goals and improve overall performance and service.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
In 1963, the City of Fort Collins and the City of Loveland agreed to the establishment of a regional aviation
facility and became owners and operators of the Northern Colorado Regional Airport, located ten miles
southeast of downtown Fort Collins, just west of Interstate 25. The Airport is operated as a joint venture
between the City of Fort Collins and the City of Loveland, with each city retaining a 50% ownership interest,
sharing equally in policy-making and management, and with each assuming responsibility for 50% of the
capital and operating costs associated with the Airport. Airport governance and management is set forth in
the IGA.
The Airport’s mission is: Serving the region, we are a catalyst for innovation in all modes of transportation,
a driving force for innovation in business and training, and a global gateway to magnificent Colorado.
According to a 2020 State of Colorado study, the Northern Colorado Airport provides a regional economic
impact of approximately $295.97 million annually and supports 1,072 area jobs.
All revenues derived from the Airport are applied to both operating and capital expenditures. Each City
contributes equal funding, when necessary, for Airport operating and capital needs as defined in the
intergovernmental agreement and amendments thereto (the “IGA)”. External funding is also received
through grants that are applied for and received by the Airport for eligible projects from the Federal Aviation
Administration and the Colorado Department of Transportation Division of Aeronautics.
Page 65
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
If approved, the amounts appropriated will be used for the following purposes:
Air Traffic Control Restroom Facility
o Install a permanent, all-season restroom facility for air traffic controllers. The existing
temporary portable toilet is unsuitable and lacks heating and cooling for year-round use.
Through-the-Fence Framework
o Develop a plan to ensure compliance with Federal Aviation Administration (FAA) and
Transportation Security Administration (TSA) "through-the-fence" access regulations.
Airport Commission Workshop
o Design and facilitate a workshop for the Airport Commission to establish a shared vision,
set staff priorities and work plans, and develop a Commission after action plan.
Capital Improvement Plan (CIP)
o Create a responsive CIP that reflects Airport priorities and needs, funded through a
combination of Federal Aviation Administration (FAA), state, and local resources.
Comprehensive Financial Plan
o Develop operating agreements, rates, rents, and charges aligned with facility usage and
market conditions. Establish cost centers to ensure fees and charges are commensurate to
the services provided and support the timely implementation of the CIP.
Ground Transportation System Plan
o Conduct an assessment of the ground transportation market and its pricing flexibility. Based
on findings, implement or adjust charges, such as Customer Facility Charges (CFCs),
Passenger Facility Charges (PFCs), Transportation Network Company (TNC) fees, rental
car fees, and daily parking rates, to align with service levels, support capital improvements,
and enhance the long-term customer experience.
Airport Development Plan
o Pursue aeronautical and non-aeronautical revenue-generating development opportunities
aligned with the airport’s brand and vision. Support the timely execution of the CIP and
sustained financial independence, eliminating the need for general fund subsidies.
Air Service Development Plan
o Develop a comprehensive branding and marketing strategy to establish FNL’s presence in
the regional market, attract travelers, promote tourism, and support airline recruitment
efforts.
Brand & Experience Marketing Plan
o Develop a modern marketing approach, including updated social media, website
enhancements, and promotional materials.
Page 66
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Breakdown of recommended mid-year budget appropriation:
A) Air Traffic Control Restroom Facility $55,000
B) Through-the-Fence Framework $80,000
C) Airport Commission Workshop $18,000
D) Capital Improvement Plan $23,000
E) Comprehensive Financial Plan $90,000
F) Ground Transportation System Plan $91,000
G) Airport Development Plan $80,000
H) Air Service Development Plan $82,000
I) Brand & Experience Marketing Plan $65,000
Subtotal $584,000
J) Contingency – 10% $58,400
Total $642,400
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate in the current fiscal year $642,400 from the Airport Fund,
authorize expenditures against those revenues for the purposes set forth in this Agenda Item Summary.
The proposed mid-year appropriation does not include any financial contributions from the City’s General
Fund. The revenues appropriated in the current fiscal year, if approved by adoption of this Ordinance, will
be drawn from the unassigned balance of the Airport Fund, which currently totals $2.15 million. This
appropriation has no financial impact on the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its February 20, 2025, meeting, the Northern Colorado Regional Airport Commission unanimously
recommended approval of the supplemental appropriation for the 2025 fiscal year.
PUBLIC OUTREACH
The mid-year appropriation request was presented at the February 20, 2025, meeting of the Northern
Colorado Regional Airport Commission and the May 6, 2025, and May 20, 2025, meetings of the Loveland
City Council.
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 093, 2025
Page 67
Item 5.
-1-
ORDINANCE NO. 093, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A MID-YEAR BUDGET APPROPRIATION FROM THE AIRPORT
FUND FOR NORTHERN COLORADO REGIONAL AIRPORT
A. In 1963, the City of Fort Collins and the City of Loveland (the “Cities”) agreed
to establish a regional general aviation facility and became owners and operators of the
Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional
Airport (the “Airport”).
B. The Airport is operated as a joint venture between the Cities, with each city
retaining 50% ownership interest, sharing equally in policy-making and management, and
each assuming responsibility for 50% of the Airport’s capital and operating costs.
C. Pursuant to the Amended and Restated Intergovernmental Agreemen t for
the Joint Operation of the Airport dated January 22, 2015, and the First Amendment to
the Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Airport dated June 7, 2016, (collectively, the “IGA”), the Airport Manager is re sponsible
for preparing the Airport’s annual operating budget and submitting it to the Cities for their
approval.
D. Under the IGA, the City’s share of existing and unanticipated Airport
revenue is to be held and disbursed by the City of Loveland as an agent on behalf of the
Cities, since the City of Loveland provides finance and accounting services for the Airport.
E. The Airport Manager has submitted for City Council consideration of a
supplemental appropriation request totaling $642,400, which will utilize Airport reserves.
F. Pursuant to the IGA, the City of Loveland holds on behalf of both Cities the
revenues of, and other financial contributions to, the Airport in a fund, which includes
unappropriated and unencumbered reserves (the “Airport Fund”).
G. This Airport Reserves item is an appropriation for use by the Northern
Colorado Regional Airport Commission for discretionary Airport projects , including the
following:
1. Air Traffic Control Restroom Facility;
2. Through-the-Fence Framework;
3. Airport Commission Workshop;
4. Capital Improvement Plan (CIP);
5. Comprehensive Financial Plan;
6. Ground Transportation System Plan;
7. Airport Development Plan;
8. Air Service Development Plan; and
9. Brand and Experience Marketing Plan.
Page 68
Item 5.
-2-
H. City Finance staff reviewed the financial statements f or the Airport and
determined that the requested appropriation of Airport Reserves for this supplemental
appropriation meets the required limits set forth in the IGA.
I. In accordance with Article V, Section 8(b), of the City Charter, any expense
or liability entered into by an agent of the City on behalf of the City, shall not be made
unless an appropriation for the same has been made by the City Council .
J. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of enhancing transportation and
economic welfare of the City and its residents.
K. This appropriation will not require additional funding from the Cities and is
consistent with the IGA.
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 the Airport Fund the amount of
SIX HUNDRED FORTY-TWO THOUSAND FOUR HUNDRED DOLLARS ($642,400) to
be expended in support of the programs and services of the Airport as above.
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Dianne Criswell
Exhibits: None
Page 69
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 094, 2025, Amending Chapters 15 and 23 of the
Code of the City of Fort Collins Regarding the Requirements of Shared Micromobility
Operations.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, addresses a potential
regulatory gap under City Code by defining clear requirements applicable to the operation of
shared micromobility services within Fort Collins. These requirements will allow FC Moves to
ensure that operators of shared micromobility services in the city consistently provide robust
and reliable service and mitigate negative impacts on the community and other right-of-way
uses.
Page 70
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Rachel Ruhlen, Transportation Planner, FC Moves
SUBJECT
Second Reading of Ordinance No. 094, 2025, Amending Chapters 15 and 23 of the Code of the City
of Fort Collins Regarding the Requirements of Shared Micromobility Operations.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, addresses a potential regulatory
gap under City Code by defining clear requirements applicable to the operation of shared micromobility
services within Fort Collins. These requirements will allow FC Moves to ensure that operators of shared
micromobility services in the city consistently provide robust and reliable service and mitigate negative
impacts on the community and other right-of-way uses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Shared micromobility is a service that makes bikes, e-bikes, e-scooters, etc. available for rent by the public,
typically via a smartphone app, with devices parked in the public right -of-way when not actively rented.
Shared micromobility supports mode shift which aligns with goals of Our Climate Future, Active Modes
Plan, and Vision Zero Action Plan. It also provides an accessible transportation option for people who do
not otherwise have access to a motor vehicle.
However, if unregulated, shared micromobility services can cause problems for cities. Improperly parked
shared micromobility devices can be obstacles in sidewalks, ADA curb ramps, and other paths. Other
communities have faced abandoned systems and unresponsive, absent providers, leaving obstacles and
unsightly clutter and an unusable system.
As a Platinum level Bicycle Friendly Community and with a Platinum level Bicycle Friendly University (the
highest level awarded to any city and university in the nation), Fort Collins is a leader in micromobility and
a model to other communities. Fort Collins adopted shared micromobility in 2016 starting with station-based
bike share (Pace) and adding dockless e-scooters in 2019 (Bird). Since 2021, dockless shared e-scooters
and e-bikes services in Fort Collins have been combined into a single services contract for shared
micromobility services provided by the same vendor (Spin). FC Moves has managed these programs in
partnership with Colorado State University (the University) and the vendors.
In 2022, FC Moves surveyed shared micromobility riders, who cited “fast”, “fun”, and “reliable” as benefits
of the service. Additionally, the current vendor provides discounted shared micromobility services for riders
Page 71
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
with low income, and a survey of those riders found that 20% live with a disability (compared to 6% of the
general population). Survey results also indicated that many riders receiving the discount rely on shared
micromobility services.
Currently, the regulation of shared micromobility services under City Code is unclear. There are no Code
requirements specific to shared micromobility services, and it’s unclear whether the outdoor vendor license
requirements (under Chapter 15) or the encroachment permit requirements (under Chapter 23) apply to
shared micromobility operations. The lack of clear regulation puts the City at risk for unregulated shared
micromobility vendors, who are unresponsive and allow riders to park shared micromobility devices
improperly. It also could hinder the City-University coordination that is essential to a thriving shared
micromobility program in Fort Collins.
Creating a clear regulatory framework for shared micromobility operators is in the City’s best interest in
order to ensure that operators adhere to City standards, promote City goals for mode shift and safety, and
protect the public right-of-way. FC Moves staff has determined the best way for the City to promote a fair
operating environment for all residents, visitors, and persons offering shared micromobility services in Fort
Collins is to establish a clear regulatory framework under City Code, requiring a services contract with the
City in order to operate any shared micromobility service in Fort Collins. The Active Modes Advisory Board
supports this regulatory framework.
The City has had great success in using services contracts to manage shared micromobility services
currently being operated in Fort Collins. The contract with the City‘s current shared micromobility vendor
establishes expectations and requirements for the vendor to facilitate collaboration with staff. Requirements
include responsiveness, communications, and data sharing, and the result has been a strong partnership
with the vendor in which staff have an active role in communicating with residents and finding opportunities
to improve the program.
This Ordinance will require any shared micromobility services operating in Fort Collins to have a services
contract with the City. Additionally, the Ordinance will also clarify that shared micromobility services that
have so contracted with the City need not also obtain a separate outdoor vendor license or encroachment
permits for such operations, since all necessary requirements would be addressed in the services contract.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff presented the proposed Code changes to establish a regulatory framework to the Active Modes
Advisory Board at their regular meeting on May 19, 2025. The Board unanimously agreed to recommend
approval of the proposed Code changes. Minutes for this meeting are not yet available.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 094, 2025
Page 72
Item 6.
-1-
ORDINANCE NO. 094, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 15 AND 23 OF THE CODE OF THE CITY
OF FORT COLLINS REGARDING THE REQUIREMENTS OF
SHARED MICROMOBILITY OPERATIONS
A. As a Platinum level Bicycle Friendly Community and with a Platinum level
Bicycle Friendly University, the City of Fort Collins is a leader in micromobility and a model
to other communities.
B. On December 20, 2022, City Council approved Ordinance No. 149, 2022,
adopting the Active Modes Plan as a component of City Plan. The Active Modes Plan
combines and updates the 2011 Pedestrian Plan and 2014 Bicycle Master Plan and
identifies key opportunities to improve access to amenities and transit options, as well as
strategies for expanding efforts to build a transportation network that makes it easy and
safe to use all transportation modes.
C. Shared micromobility supports mode shift which aligns with goals of the
Active Modes Plan as well as Our Climate Future and Vision Zero Action Plan.
D. Shared micromobility also provides an accessible transportation option for
people who do not otherwise have access to a motor vehicle.
E. Although shared micromobility services have been present in Fort Collins
for nearly a decade, if not longer, the regulation of such services under City Code is
currently unclear.
F. The lack of a clear regulatory framework puts the community at risk for
problems associated with unregulated shared micromobility services, such as operators
that are unresponsive and allow riders to improperly park shared micromobility devices,
leaving obstacles and unsightly clutter in the public right-of-way.
G. The lack of a clear regulatory framework also hinders the City’s coordination
with Colorado State University, which is essential to a thriving shared micromobility
program in Fort Collins.
H. Requiring all shared micromobility services in Fort Collins to have a services
contract with the City will create a clear regulatory framework for such services and
facilitate collaboration between shared micromobility operators and City staff.
I. This Ordinance benefits the public health, safety, and welfare of the
residents of Fort Collins and the traveling public and serves the public purpose by
promoting City goals of mode shift and safety, protecting the public right-of-way, and
providing a fair operating environment for shared micromobility services operating in Fort
Collins.
Page 73
Item 6.
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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. Section 15-381 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-381. Definitions
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
. . .
Micromobility Device shall mean any motor-powered or human-powered vehicular unit,
including, but not limited to, bicycles, electrical assisted bicycles and electric scooters, or
similar apparatuses. Low power scooters, golf carts, and motor vehicles, as those devices
are defined in the Fort Collins Traffic Code, shall not be considered shared micromobility
devices.
. . .
Outdoor vendor or vendor shall mean any person, whether as owner, agent, consignee
or employee, who sells or attempts to sell, or who offers to the public free of charge, any
services, goods, wares or merchandise, including, but not limited to, food or beverage,
from any outdoor location, except that outdoor vendor shall not include a person who:
. . .
(11) Vends food or catering services at an individual private residence for a
private event; or
(12) Vends shared micromobility services pursuant to § 15-395, below.
. . .
Outdoor vendor of transportation services shall mean an outdoor vendor (not regulated
by the Colorado Public Utilities Commission and not exempt from the definition of outdoor
vendor) who offers transportation services to the public. Outdoor vendor of transportation
services shall include, but not be limited to, vendors of valet parking services;
transportation services by pedal power such as pedi -cab or conference bicycle services;
horse-drawn carriage rides; or other means of transportation service offered for hire.
. . .
Page 74
Item 6.
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Shared micromobility service shall mean a service that makes privately-owned
micromobility devices available for use by the public, with the intent that the devices will
at times remain in the public right-of-way or other permitted areas when not actively rented
or used. This includes all such services, whether or not the micromobility devices are
owned and managed as part of a fleet, and whether or not public access is managed
through the use of integrated on-board technology or software applications.
. . .
Section 2. Chapter 15, Article XIV of the Code of the City of Fort Collins is
amended by the addition of a new Section 15-395 which reads in its entirety as follows:
Sec. 15-395. Shared Micromobility.
(a) The operation of shared micromobility services, as defined in § 15 -381 above,
within the City of Fort Collins is prohibited unless pursuant to a services contract with the
City pursuant to Chapter 8, Article IV of this Code.
(b) Notwithstanding any other provisions of the Code of the City of Fort Collins and
any rules and regulations promulgated thereunder, a person operating a shared
micromobility service pursuant to a services contract with the City need not obtain any
license otherwise required under this Article in order to operate such service.
(c) The operation of shared micromobility services and devices must comply with all
applicable provisions of the Fort Collins Traffic Code. A person that owns or operates
shared micromobility services is responsible for ensuring all micromobility devices in its
fleet are parked in compliance with the Fort Collins Traffic Code when not being actively
rented or used.
Section 3. Section 23-81 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 23-81. Permit required; application.
Any person desiring to place or erect a building, fence, barrier, post or other
encroachments within any City-owned property or any street, avenue, alley, sidewalk,
highway or public right-of-way in the City shall file a written application for a permit upon
a form prepared and provided by the City. The provisions of this Division shall not apply
to special events as defined in § 23.5-2 of this Code or to parking spaces as regulated by
§ 23-61 et seq., above, or to shared micromobility services operated pursuant to § 15 -
395 of this Code.
Page 75
Item 6.
-4-
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Madelene Shehan
Exhibits: None
Page 76
Item 6.
File Attachments for Item:
7. Second Reading of Ordinance No. 095, 2025, Amending Section 15-361 of the Code of
the City of Fort Collins to Clarify Right-of-Way Contractor Licensing Requirements.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, clarifies the types of
work that require a right-of-way contractor license under City Code Section 15-361. As that
section is currently written, it is ambiguous what types of “work” it is intended to apply to, leaving
it unclear whether operations like shared micromobility services or outdoor vendors would
require a right-of-way contractor license or not. This item defines “work” to mean constructing,
installing or repairing any sidewalk, curb, gutter, driveway, curb cut, street, alley or any other
improvement in or under a public right-of-way, in the City.
Page 77
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Ken Zetye, Construction Inspection Manager, Engineering
Brad Buckman, City Engineer, Engineering
SUBJECT
Second Reading of Ordinance No. 095, 2025, Amending Section 15-361 of the Code of the City of
Fort Collins to Clarify Right-of-Way Contractor Licensing Requirements.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, clarifies the types of work that
require a right-of-way contractor license under City Code Section 15-361. As that section is currently
written, it is ambiguous what types of “work” it is intended to apply to, leaving it unclear whether operations
like shared micromobility services or outdoor vendors would require a right-of-way contractor license or
not. This item defines “work” to mean constructing, installing or repairing any sidewalk, curb, gutter,
driveway, curb cut, street, alley or any other improvement in or under a public right-of-way, in the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
This item came from staff working on micromobility updates that needed this clarification for implications
that it has with their work. It is primarily to clarify that the types of work requiring a right-of-way contractor
license are installing or repairing any sidewalk, curb, gutter, driveway, curb cut, street alley, or other
improvements in or under a public right-of-way.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 78
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 095, 2025
Page 79
Item 7.
-1-
ORDINANCE NO. 095, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 15-361 OF THE CODE OF THE CITY OF
FORT COLLINS TO CLARIFY RIGHT-OF-WAY CONTRACTOR
LICENSING REQUIREMENTS
A. Article XIII of Chapter 15 of the City Code describes licensing requirements
for right-of-way contractors.
B. Section 15-361 of the City Code specifies when a right-of-way contractor
license is required.
C. The right-of-way contractor license requirements are intended to apply to
those performing construction, installations, repairs, or work of a similar nature in the
public right-of-way.
D. However, as currently written, Section 15 -361 states that such license is
required to perform “work of any kind in the public right-of-way,” which could be read to
include many types of services, such as outdoor vendors or shared micromobility
operations.
E. This Ordinance amends Section 15-361 to clarify the types of work for which
a right-of-way contractor license is required.
F. This Ordinance also removes extraneous language from Section 15 -361,
which is already covered by the definition of “person” under City Code Section 1 -2.
G. These updates further the City’s and the public’s interest by helping provide
clarity for businesses seeking to operate in the public right-of-way and allowing for a more
fair and equitable application of the law.
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 15-361 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 15-361. - License required.
It shall be unlawful for any person (1) to perform or contract to perform work of any kind
in the public right-of-way without first obtaining a license to perform such work, or (2) to
perform work in any category described in § 15-365 without first obtaining an
endorsement as provided therein for the specific category of work sought to be performed.
It shall be unlawful for any person to perform or contract to perform work on any utility
which is or will be owned or maintained by the City or which will connect to and become
a part of a City-owned or -maintained utility, whether located in the public right-of-way or
in an easement, without first obtaining a license and endorsement to perform such work.
Page 80
Item 7.
-2-
As used in this Article, work shall mean constructing, installing, altering or repairing any
sidewalk, curb, gutter, driveway, curb cut, street, alley or any other improvement in or
under a public right-of-way, in the City.
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Madelene Shehan
Exhibits: None
Page 81
Item 7.
File Attachments for Item:
8. Second Reading of Ordinance No. 096, 2025, Authorizing the Conveyance of Two
Temporary Construction Easements and Two Permanent Easements on a portion of
Rigden Reservoir to Larimer County for Construction of Stormwater Infrastructure
Improvements for County Road 40.
This Ordinance, unanimously adopted on First Reading on June 3, 2025, authorizes the
conveyance of two (2) Temporary Construction Easements and Two (2) Permanent Easements
(collectively, the “Easements”) on a portion of City property presently known as Rigden
Reservoir for construction of stormwater infrastructure improvements for the benefit of County
Road 40 (E Horsetooth Road).
Page 82
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Ralph Campano, Real Estate Services Manager
Raime Lanham, Real Estate Specialist
Jonathan Piefer, Lead Real Estate Specialist
Tawnya Ernst, Lead Natural Areas Specialist
Ken Sampley, Stormwater Director
SUBJECT
Second Reading of Ordinance No. 096, 2025, Authorizing the Conveyance of Two Temporary
Construction Easements and Two Permanent Easements on a portion of Rigden Reservoir to
Larimer County for Construction of Stormwater Infrastructure Improvements for County Road 40.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 3, 2025, authorizes the conveyance of
two (2) Temporary Construction Easements and Two (2) Permanent Easements (collectively, the
“Easements”) on a portion of City property presently known as Rigden Reservoir for construction of
stormwater infrastructure improvements for the benefit of County Road 40 (E Horsetooth Road).
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Property
The land known as Rigden Reservoir was acquired by the City’s Utilities Department for water storage
purposes from Cottonwood Land & Farms, LLC by that certain Special Warranty Deed dated February 11,
2014, recorded at Reception No. 20140008160, Clerk and Recorder’s Records, Larimer County, Colorado.
Although most of the lands surrounding Rigden Reservoir are currently managed by the Natural Areas
Department as part of Arapaho Bend Natural Area, the Easements are located entirely within the Foothills
Basin Outlet Channel (the “Channel”), which is a part of the City’s Stormwater Infrastructure. The City’s
Natural Areas Department does have an interest in a portion of the water stored in Rigden Reservoir and
maintenance responsibilities for portions of the Property per a City inter-department agreement. However,
no dedicated Natural Areas funds were used to purchase the Channel nor are dedicated Natural Areas
funds used to maintain the Channel. Accordingly, the Easements are not subject to the traditional easement
policy of the City of Fort Collins Natural Areas and Conserved Lands Easement Policy.
Page 83
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The Project
This project (the “Project”) is proposed by Larimer County to address the effects of increased traffic on an
area of East Horsetooth Road located between Ziegler Road and Strauss Cabin Road (the “Subject Road”),
being a gravel road that experiences ponding, degradation, and improper drainage. The terrain in this area
is notably flat, which hinders proper water drainage to the east, leading to road degradation and long -term
maintenance challenges due to ponding. Although Larimer County plans to address the increased traffic
issues by improving the Subject Road, such improvements will decrease roadway permeability and
increase stormwater runoff into adjacent properties.
To mitigate the increased stormwater runoff, Larimer County intends to regrade the roadside ditches to
enhance water flow and capacity and to ultimately direct part of the stormwater runoff from the Subject
Road into the Channel via the installation of two 18 inch corrugated steel pipe culverts, squash pipes, rip-
rap, and related improvements (the “Improvements”) within the Easements, as shown in the attached
Exhibit(s).
The Channel is a component of the public stormwater infrastructure that discharges floodwater from Fossil
Creek Reservoir Inlet Ditch into the Cache de la Poudre River. Although the drainage pattern will be
modified with the addition of the two new culverts, the proposed changes will not substantially alter the
existing conditions because the peak flows through each of the two proposed culverts are estimated to be
approximately 2.4 cubic feet per second (CFS) and 3.6 CFS for the 25-year and 100-year flooding events,
respectively, being well within the remining capacity of the Channel. The Channel was originally designed
to accommodate a flow of 860 CFS, and a 2020 analysis indicated that a remaining capacity of 337 CFS
was still available within the Channel.
The Easements
To complete the Project, Larimer County has requested that the City convey two (2) Temporary
Construction Easements (the “TCEs”) totaling 0.032 acres, more or less, and two (2) Permanent
Easements (the “PEs”) totaling 0.028 acres, more or less, for the construction, maintenance, and operation
of the Improvements.
All damaged landscaping located within the boundaries of the Easements shall be replaced as part of the
Project, and no trees will be damaged or removed as part of the Project.
Alternative Location Analysis
No alternative location was considered due to the nature of the Project.
Temporary Permit
Please note that representatives of Larimer County have recently contacted City staff regarding flooding
issues in this area, and that the City staff have recommended that the City Manager execute a temporary
revocable permit upon passage on first reading so that Larimer County may begin construction activities
pursuant to the presumed risk and assumptions that this Ordinance is passed.
CITY FINANCIAL IMPACTS
Aside from staff time, there is no cost to the City associated with the TCEs or PEs. However, City Staff
estimates the fair market value of the Easements to total $1,290, being itemized as follows (the “Property
Values”):
1. Permanent Easements - $1,149
2. Temporary Construction Easements - $141
Page 84
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The Property Values for the Easements will be charged to Larimer County upon execution and delivery of
the conveyance documents.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Review and approval by the Water Commission was not required per Utilities as this is a low-level change
to capacity of the Channel.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in June 3, 2025 agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 096, 2025
Page 85
Item 8.
-1-
ORDINANCE NO. 096, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TWO TEMPORARY
CONSTRUCTION EASEMENTS AND TWO PERMANENT
CONSTRUCTION EASEMENTS ON A PORTION OF RIGDEN
RESERVOIR TO LARIMER COUNTY FOR CONSTRUCTION OF
STORMWATER INFRASTRUCTURE IMPROVEMENTS FOR
COUNTY ROAD 40
A. Larimer County seeks to make improvements to East Horsetooth Road
between Ziegler Road and Strauss Cabin Road. These improvements will increase
stormwater runoff on to the City’s Rigden Reservoir property (the “Property”). To mitigate
the increased stormwater runoff and existing localized flooding issues, Larimer County
intends to regrade the roadside ditches to enhance water flow and capacity and to
ultimately direct part of the stormwater runoff f rom East Horsetooth Road into the Foothills
Basin Outlet Channel via the installation of two 18 -inch corrugated steel pipe culverts,
squash pipes, rip-rap, and related improvements (the “Improvements”).
B. To allow for the installation of the Improvements across the Property, the
City, through this Ordinance, authorizes the conveyance of two temporary construction
easements (the “TCE”) totaling 0.032 acres, more or less, and two permanent easements
(the “PE”) totaling 0.028 acres, more or less, for the construction, maintenance, and
operation of the Improvements (together, the “Easements”).
C. A map of the area and the location of the Improvements is attached hereto
as Exhibit A. The form of the PE is attached hereto as Exhibit B. The form of the TCE is
attached hereto as Exhibit C.
D. The City has estimated the fair market value of the PE is $1,149. The City
has estimated the fair market value of the TCE is $141. The City will sell the Easements
for fair market value.
E. The Easements will be located on the Property, which was purchased
partially by the City’s stormwater utility in 1989 (see Larimer County Reception No.
89021018) and partially by the City’s water utility in 2014 (see Larimer County Reception
No. 20140008160). While the City’s Natural Areas Department has an interest in a portion
of the water stored on the Property and maintenance responsibilities for portions of the
Property per a City inter-department agreement, no dedicated Natural Areas funds were
used to purchase the portion of the Property that will be encumbered by the Easements
nor are dedicated Natural Areas funds used to maintain the portion of the Property that
will be encumbered by the Easements.
F. Section 23-111 of the City Code authorizes the City Council to sell, co nvey
or otherwise dispose of any interests in real property owned by the City, provided the City
Council first finds, by ordinance, that such sale or other disposition is in the best interests
of the City. For property acquired by the City’s water or utility systems, the City Council
Page 86
Item 8.
-2-
must also find that the disposition will not materially impair the viability of the particular
utility system as a whole and that it will be for the benefit of the citizens of 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. The City Council finds that granting the Easements on the terms and
conditions described herein is in the best interests of the City. The City Council further
finds that granting the Easements will not materially impair the viability of the City’s water
utility as a whole or the City’s stormwater utility system as a whole and that it will be for
the benefit of the citizens of the City.
Section 2. That the City Council hereby authorizes the Mayor to execute the
Permanent Easements substantially in the form attached hereto as Exhibit B and the
Temporary Construction Easements in the form attached hereto as Exhibit C with such
modifications or additional terms and conditions as the City Manager, in consultation with
the City Attorney, determines are necessary or appropriate to protect th e interests of the
City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on June 3, 2025, and approved
on second reading for final passage on June 17, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 27, 2025
Approving Attorney: Ted Hewitt
Exhibits:
Exhibit A – Larger Parcel Map
Exhibit B – Permanent Easements
Exhibit C – Temporary Construction Easements
Page 87
Item 8.
EXHIBIT A TO ORDINANCE NO. 096, 2025
Exhibit A
Larger Parcel Map, Property Description, and Culvert Locations
(Page 1 of 2)
Parcels 8728400901 and 8728400902
A parcel of land being part of the Southwest ¼ of Section 27 and part of Section 28, both
in Township 7 North, Range 68 West of the Sixth Principal Meridian, County of Larimer,
State of Colorado, and being more particularly described as follows:
COMMENCING at the South ¼ corner of said Section 28 and assuming the West line of
the East Half of said Section 28 being monumentalized by a #6 rebar with a 3 ¼” diameter
aluminum cap stamped “LS20???, 1994” at the South end and by a #6 rebar with a 3 ¼”
diameter aluminum cap stamped “LS20685, 1994” at the North end, as bearing North
00°13’41” West, being a Grid Bearing of the Colorado State Plane Coordinate System,
North Zone, North American Datum 1983/2007, a distance of 5273.68 feet, with all other
bearings contained herein relative thereto:
THENCE North 00°13’41” West along the West line of the East ½ of said Section 28 a
distance of 535.34 feet to the POINT OF BEGINNING;
THENCE North 35°02’30” West, departing from the West line of the East ½ of said
Section 28, a distance of 74.27 feet;
THENCE North 30°25’11” West a distance of 283.52 feet;
THENCE North 29°45’20” West a distance of 461.31 feet;
THENCE North 19°48’54” West a distance of 318.67 feet;
THENCE North 55°18’41” East a distance of 193.85 feet;
THENCE North 52°11’31” East a distance of 202.55 feet;
THENCE North 45°01’03” East a distance of 138.44 feet;
THENCE North 29°47’55” East a distance of 115.89 feet;
THENCE North 12°00’34” East a distance of 130.52 feet;
THENCE North 00°26’13” East a distance of 1083.89 feet;
THENCE North 31°24’00” East a distance of 57.61 feet to the Southwesterly Right-Of-
Way line of the Great Western Railway Company, said Southwesterly Right-of-Way line
being 50 feet, as measured at a right angle, Southwesterly of and parallel with the
centerline of the main track of said Great Western Railway Company;
THENCE South 56°58’18” East along said Southwesterly Right-of-Way line a distance of
4095.79 feet to a Southeasterly corner of that Drainage Easement described in that Deed
of Drainage Easement document recorded March 13, 2007 as Reception No.
20070018907 of the records of the Larimer County Clerk and Recorder;
THENCE South 33°01’42” West along the Southeasterly line of said Drainage Easement
a distance of 118.43 feet to a Southeasterly corner of said Drainage Easement;
THENCE South 58°16’12” West a dis1ance of 385.56 feet to the Northwesterly corner of
that parcel of land described in that Quit Claim Deed recorded February 17, 1976 in Book
1685, Page 833 of the records of the Larimer County Clerk and Recorder;
The following 3 courses and distances are along the Westerly lines of that parcel of land
described in said Quit Claim Deed:
THENCE South 30°54’18” West a distance of 293.08 feet;
Page 88
Item 8.
EXHIBIT A TO ORDINANCE NO. 096, 2025
Exhibit A
Larger Parcel Map, Property Description, and Culvert Locations
(Page 2 of 2)
THENCE South 15°00’42” East a distance of 125.41 feet;
THENCE South 02°40’18’’ West a distance of 311.94 feet to the North Right-of-way line
of Horsetooth Road, said North Right-of-way line being 30 feet, as measured at a right
angle, North of and parallel with the South lines of said Sections 27 and 28;
The following 2 courses and distances are along said North Right-of-way line of
Horsetooth Road:
THENCE South 89°41’26” West a distance of 285.16 feet;
THENCE North 89°39’32” West a distance of 2280.22 feet;
THENCE North 00°00’00” East a distance of 110.06 feet;
THENCE North 46°36’26” West a distance of 232.41 feet;
THENCE North 44°01’50” West a distance of 131.65 feet;
THENCE North 35°02’30” West a distance of 174.75 feet to the POINT OF BEGINNING.
Said parcel of land contains 164.876 acres, more or less.
Page 89
Item 8.
Easement - City Grantor
Form Version 2025
PERMANENT EASEMENT
(City Property)
Grantor: City of Fort Collins, Colorado, a municipal corporation
Grantor Signing Authority and Title: Jenni Arndt, Mayor
Grantor Mailing Address: Real Estate Services, P.O. Box 580, Fort Collins, Colorado 80522
Grantor Phone Number/Email: 970-221-6211 / RealEstateServices@fcgov.com
Grantee: Board of County Commissioners of Larimer County, Colorado
Grantee Signing Authority and Title: John Kefalas, Chair
Grantee Mailing Address: PO Box 1190, Fort Collins, CO 80521
Grantee Phone Number/Email: 970-498-5710 / jcore@larimer.org
Effective Date: July 1, 2025
Consideration: $1,149.00
Easement Improvements: Drainage Improvements, including two (2) eighteen (18) inch
corrugated steel pipe culverts, squash pipes, rip-rap, and related improvements
Easement Appurtenant to Grantee’s Property? ☐ Y ☒ N: If yes, see Exhibit C.
Special Restoration Requirements? ☐ Y ☒ N: If yes, see Exhibit D.
Exhibits [check all that apply]:
☒Exhibit A – Grantor’s Property (number of pages): 1
☒Exhibit B – Easement Area (number of pages): 4
☐Exhibit C – Grantee’s Property (number of pages):
☐Exhibit D – Special Restoration Requirements (number of pages):
All checked exhibits are attached and incorporated into this Conveyance by reference.
This PERMANENT EASEMENT (the “Conveyance”) is made and entered into on the
Effective Date by and between Grantor and Grantee.
1.Grantor’s Property. Grantor is the owner of that certain parcel of real property located
in Larimer County, Colorado, which is legally described on Exhibit A (the “Grantor’s Property”).
2.Grant of Easement – Consideration. For and in consideration of the covenants and
agreements herein set forth, the sum of the Consideration and other good and valuable
consideration, the receipt and adequacy of which Grantor acknowledges, Grantor grants, sells, and
conveys to Grantee, its successors and assigns, a perpetual, non-exclusive easement (the
“Easement”) on, over, under, and across the Grantor’s Property as described more fully on
Exhibit B, (the “Easement Area”), for the benefit of Grantee’s Property described more fully on
Exhibit C, if applicable, subject to the conditions and restrictions set forth below. The Easement
includes the right of vehicular and pedestrian ingress and egress to the Easement Area, and the
right to install, maintain, and use gates in all fences that cross the Easement Area now or in the
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 90
Item 8.
Easement - City Grantor
Form Version 2025
future.
3. Purpose and Use of Easement. Grantee may use the Easement to install, access, operate,
maintain, repair, reconstruct, relocate, improve, enlarge, replace, inspect, and remove, at any time
and from time to time, the Easement Improvements, and for the temporary storage and staging of
materials and equipment. Grantor further grants to Grantee:
o The right of ingress to and egress from the Easement Area over and across Grantor’s
Property by means of any roads and lanes thereon, or as otherwise agreed in writing
by Grantor;
o The right to mark the location of the Easement Area by suitable markers set in the
ground;
o The right to install temporary fencing and gates for security and safety purposes
during construction activities.
After initial installation of the Improvements, if Grantee wishes to relocate or replace the
Improvements with any other number or type of similar improvements, either in the original
location or at any alternate location or locations within the Easement Area, such improvements
must be generally consistent with the intended purposes of the Easement, and Grantee must give
Grantor advance notice of any change in the type, number or location of improvements and cannot
proceed until Grantor has provided its written consent, which shall not be unreasonably withheld
or delayed.
4. Grantor’s Rights in Easement Area.
A. Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein, including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within the Easement Area.
B. Grantor may plant or maintain permanent trees, shrubs or other plant material in
the Easement Area provided that no such plantings may be planted directly over
the Easement Improvements. Grantor may install or utilize signs or paths over the
Easement Area, and may pave, surface in some other manner, or otherwise
improve the Easement Area as Grantor desires. Additionally, Grantor may install
permanent buildings or structures over the Easement Area; however, Grantor
agrees to remove such structures at its expense if reasonably required for Grantee’s
access to the Easement Area, and to assume all risk, repair, and maintenance if
any damage occurs to these permanent buildings and/or structures as a result of
Grantee’s use of or activities over or within the Easement Area.
5. Grantee’s Obligations Regarding Easement Areas.
A. All activities by the Grantee on the Easement Area, including access across
Grantor’s Property, must be carried out in a manner and on a schedule reasonably
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 91
Item 8.
Easement - City Grantor
Form Version 2025
expected to minimize disturbance to the natural features of said property, any
improvements thereon, and the Grantor’s intended purposes therefor.
B. Grantee must maintain the Easement Improvements in an entirely secure, safe and
sanitary condition, and repair the Easement Improvements as necessary to ensure
the Easement Improvements do not cause injury or damage to persons or property.
C. Grantee shall notify Grantor a minimum of one business day prior to performing
any construction, maintenance, repair, or other work on or within the Easement
Area and shall in advance of any non-emergency work submit a construction plan
and schedule to Grantor for approval, which approval shall not be unreasonably
delayed or withheld. Grantee will need a Temporary Construction Easement from
Grantor if working on Grantor’s Property outside of the Easement Area.
Notwithstanding these notification requirements, in cases of emergency repair,
Grantee shall notify Grantor of the emergency and provide related construction
plans and schedules as soon as reasonably practicable.
D. In the event damage occurs from Grantee’s use of or activities over or within the
Easement Area or on Grantor’s Property, including but not limited to the
installation, maintenance, or operation of the Easement Improvements within the
Easement Area, Grantee agrees to make such repairs or take such other action as
may be necessary to restore the Easement Area and Grantor’s Property to a
condition comparable to their condition prior to Grantee’s activities in the Easement
Area, including but not limited to the reseeding and replanting of any disturbed
areas in a manner reasonably satisfactory to the Grantor, and the provision of
ongoing maintenance of any seeded or planted areas, correction of any subsidence,
and restoration of any other improvements or conditions impacted by Grantee’s
activities, until such time as any such repair and restoration is fully established and
stabilized. If applicable, Grantee shall comply with the special restoration
requirements on Exhibit D.
6. Maintenance of the Easement Area.
A. Grantor will maintain the surface of the Easement Area (except for the Easement
Improvements) in a sanitary condition in compliance with any applicable weed,
nuisance or other legal requirements; however, Grantor is not responsible for any
conditions directly caused by Grantee’s use and occupancy of the Easement Area.
B. Grantor will not deposit, or permit, or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible,
on the Easement Area.
7. As-Built Drawings. Grantee will provide Grantor with as-built drawings accurately
depicting the location and nature of the Easement Improvements constructed within the Easement
Area no later than thirty (30) days following completion of the Easement Improvements, and no
later than thirty (30) days following a change in the type, number or location of the Easement
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 92
Item 8.
Easement - City Grantor
Form Version 2025
Improvements, as described in Section 3.
8. Representations of Grantor. Grantor makes no representations or warranties as to lawful
ownership of Grantor’s Property.
9. Recordation. Grantee will record this Conveyance in the records of the Larimer County
Clerk and Recorder and furnish evidence of such recording to Grantor. This Conveyance will
not be valid until it is recorded. If this Conveyance has not been recorded with the Larimer
County Clerk and Recorder within ninety (90) days of the Effective Date, then this Conveyance
will be null and void and have no force and effect whatsoever, and the parties will be relieved of
any remaining obligations hereunder as of the date of such termination.
10. Abandonment. Should Grantee fail to construct the Improvements within five (5) years
from the date of this Conveyance, or should Grantee permanently discontinue maintaining and
using the Easement Improvements within the Easement Area for a period of five (5) years, this
shall constitute an abandonment of the Easement, the Easement Improvements, and Grantee’s
rights under this Conveyance, and the Easement shall automatically terminate, and Grantee shall,
at its own sole cost and expense, remove all Easement Improvements from the Easement Area,
provided that Grantee shall consult with Grantor in advance of any such removal, and Grantor
shall be entitled to require Grantee to leave some or all such Easement Improvements in place. If
Grantee removes the Easement Improvements from the Easement Area, Grantee shall carry out
such removal consistent with the requirements set forth in Section 5 and restore the Easement
Area, at its sole cost and expense, to a condition comparable to its condition just prior to Grantee’s
removal activities. Grantee shall then execute and record a termination or quitclaim to Grantor
of the Easement.
11. Indemnity and Insurance.
A. Grantee agrees to release and, unless Grantee is a governmental entity, indemnify
Grantor, its officers, agents, employees, representatives, successors and assigns
from and against all claims that may accrue to Grantee for personal injury, death
or property damage resulting from or arising out of Grantee's use of the Easement
Area or other activities on Grantor’s Property. To the extent permitted by law,
and without waiving any of the provision so the Colorado Governmental
Immunity Act, Grantee assumes responsibility, as between Grantor and Grantee,
for any liability to third parties arising out of Grantee’s use of the Easement Area
or other activities on Grantor’s Property, including but not limited to the
construction, installation, operation, repair, and maintenance of improvements
within the Easement Area, and for any actions or omissions by Grantee in violation
of this Conveyance.
B. Grantee shall procure, pay for, and keep in full force and effect during the term of
this Conveyance a comprehensive policy of general liability insurance covering
the Easement Improvements and insuring Grantee in an amount not less than One
Million dollars ($1,000,000.00) covering bodily injury, including death to
persons, personal injury, and property damage liability arising out of a single
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 93
Item 8.
Easement - City Grantor
Form Version 2025
occurrence. Such coverage must include, without limitation, the insured’s liability
for property damage, bodily injuries, and death of persons in connection with
Grantee’s activities in the Easement Area or on Grantor’s Property, the operation,
maintenance, or use of the Easement Improvements (including acts or omissions
of Grantee or of its officers, employees, or agents), and protection against liability
for non-owned and hired automobiles. Such coverage must also include coverage
for such other risks as are customarily required by private institutional mortgage
lenders with regard to property similar in construction, location, and use as the
Easement Improvements. All policies of insurance required hereunder must name
Grantor as an additional insured and shall contain a provision that the policy or
policies cannot be canceled or materially altered either by the insured or the
insurance company until fifteen (15) days’ prior written notice thereof is given to
Grantor. Upon issuance or renewal of any such insurance policy, Grantee shall
furnish a certificate of insurance to Grantor. In the event Grantee fails or neglects
to maintain, or require its contractor to procure and maintain, as applicable, the
insurance required by this paragraph, then Grantor shall have the right, upon
giving Grantee reasonable notice of its election to do so, to take out and maintain
such insurance at the expense of Grantee, and in such event the cost of such
insurance shall be paid for by Grantee promptly upon receipt of an invoice
covering such charges.
12. Notices. Any notice or other communication relating to this Conveyance must be in
writing and shall be deemed given (i) when delivered personally, or (ii) on the first business day
which is three (3) days following mailing by certified mail, return receipt requested and postage
prepaid, or (iii) the next business day after sending by a nationally recognized overnight delivery
service, and addressed to the party at its respective address on the first page of this Conveyance.
13. Default, Remedies and Litigation Expenses. If a party to this Conveyance is in default in
performance of its respective obligations hereunder, the other party has the right to an action for
specific performance or damages or both. Prior to proceeding with any such action, the party not
in default must first send written notice to the defaulting party specifying the default and affording
such party a reasonable period to cure the default. In the event a party defaults in any of its
covenants or obligations and the party not in default commences and substantially prevails in any
legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay
all reasonable expenses of the litigation, including a reasonable sum for attorneys' fees or similar
costs of legal representation.
14. Assignment. Grantee may not assign its rights under this Conveyance without the prior
written consent of Grantor.
15. Additional Terms and Conditions. Whenever used herein, the singular number includes
the plural, the plural the singular, and the use of any gender is applicable to all genders. All the
covenants herein contained are binding upon and inure to the benefit of the parties hereto, their
personal representatives, successors, and assigns. This Conveyance is to be construed and
enforced according to the laws of Colorado, and venue in any proceeding related to this
Conveyance shall be in Larimer County, Colorado. If any term of this Conveyance is determined
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 94
Item 8.
Easement - City Grantor
Form Version 2025
by any court to be unenforceable, the other terms of this Conveyance shall nonetheless remain in
full force and effect; provided, however, that if the severance of any such provision materially
alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in
order to adopt mutually agreeable amendments to this Conveyance as may be necessary to restore
the parties as closely as possible to the initially agreed upon relative rights and obligations.
16. Authority. Each person executing this Conveyance represents and warrants that he or
she is duly authorized to execute this Conveyance in his or her individual or representative
capacity as indicated.
IN WITNESS WHEREOF, Grantee has hereunder set its hand and seal the day and year
written below; and Grantor has caused this Conveyance to be executed by its Mayor, attested to
by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to Ordinance No.
_________20__, passed on final reading by the City Council of the City of Fort Collins on the
______ day of ____________, 20___.
[Signatures on following page(s)]
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 95
Item 8.
Easement - City Grantor
Form Version 2025
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
_____________________
Date Jeni Arndt, Mayor
ATTEST:
City Clerk
_______________________
(Printed name)
APPROVED AS TO FORM:
________________________
Assistant City Attorney
________________________
(Printed name)
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 96
Item 8.
Easement - City Grantor
Form Version 2025
GRANTEE ACCEPTANCE:
Board of County Commissioners of Larimer
County, Colorado
_____________________
Date John Kefalas, Chair
ATTEST:
Signature
_______________________
(Name, Title)
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 97
Item 8.
Easement - City Grantor
Form Version 2025
Exhibit A
Grantor’s Property
(Page 1 of 1)
Description:
164.876 acres, more or less, located in the Southwest Quarter (SW/4) of Section 27 and 28, T7N,
R68W, 6th PM, Larimer County, Colorado, being more particularly described in the Special
Warranty Deed from Cottonwood Land and Farms, LLC, to the City of Fort Collins, Colorado,
dated February 11, 2014, recorded at Reception No. 20140008160, Clerk and Recorder’s Records,
Larimer County, Colorado.
Location Address:
4109 East Horsetooth Road
Fort Collins, Colorado 80525
Assessor Parcel Number(s):
8728400901 & 8728400902
Map:
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 98
Item 8.
EXHIBIT B
A PERMANENT EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN THE SEl/4 OF THE
SEl/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
COUNTY OF LARIMER, STAT E OF COLORADO
THE FOLLOWING IS A LEGAL DESCRIPTION FOR A PERMANENT EASEMENT LOCATED IN THE
SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, ALSO BEING A PART OF
RECEPTION NUMBER 20140008160 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28, SAID CORNER BEING MARIIBD
BY A 3.25 INCH ALUMINUM CAP ON A #6 REBAR STAMPED P.L.S. 31169, 2019, AND CONSIDERING THE
SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID
SECTION 28 TO BEAR N89° 22' 33"W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE N89° 22' 33"W, A DISTANCE OF 386.64 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N00° 37' 27"E, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO A POINT ON THE NORTH
RIGHT-OF -WAY (R-O-W) LINE OF LARIMER COUNTY ROAD 40 (CR40) PER BOOK R, PAGE 17, SAID
POINT ALSO BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID R-O-W N00° 01' 0l"E A DISTANCE OF 62.29 FEET;
THENCE S89° 58' 49"E A DISTANCE OF 10.00 FEET;
THENCE S00° 01' 01 "W A DISTANCE OF 62.40 FEET, MORE OR LESS, TO AFORESAID R-O-W;
THENCE ALONG SAID R-O-W N89° 22' 33"W A DISTANCE OF 10.00 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING.
SAID PERMANENT EASEMENT CONTAINS 0.014 ACRES OR 623.45 SQUARE FEET, MORE OR LESS,
AND IS SUBJECT TO ANY EASEMENTS AND RIGHT OF WAYS OF RECORD OR THAT EXIST ON THE
GROUND.
Celine M. Bromley-on behalf of Larim er County
Colorado Licensed Professional Land Smveyor #38779
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 99
Item 8.
EXHIBIT B
A PERMANENT EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN THE SE¾ OF THE SE¾ OF SECTION 28,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUN1Y OF LARIMER, STATE OF COLORADO
Line Table
Line # Length Bearing
L1 10.00' S89' 58' 49"E
L2 10.00' N89' 22' 33"W
CITY OF FORT COLLI NS REC. NO. 20140008160
_____ .;..;N..:..8.:....9'22'33_"W _____ _ COUNTY ROAD 40 ROW (BOOK-R/PAGE 17)
932.72'
BASIS OF BEARINGS
N89'22'33"W
Em CORNER OF SECTIONS 28 & 33 2.5" ALUM. CAP ON NO.6 REBAR PLS 25646, 1997
LEGEND
L1 -r--7-10.00'I I I I 0>: lUl "!I lq N• ,o m• '....Jr,, I lei I I� WI I .. • I l=E.
�, I 01 I -:-1 Im o, ,I'-) �i i� I : • PERMANENT EASEMENT I i.--623.45st I I I I
(POINT OF BEGINNING)
386.64'
Sec. 28-T7N-R68W
Sec. 33-T7N-R68W
(POINT OF COMMENCEMENT) SOUTHEAST CORNER SECTION 28 3.25" ALUMINUM CAP ON NO.6 REBAR PLS 31169, 2019
----------------PROPOSED PERMANENT EASEMENT
EXISTING RIGHT OF WAY LINE
SECTION LINE O' - -30' - - -
R:\PROJ\349\1..SUIMYING\LROW-OOl,ITS
ENGINEERING DEPARTMENT
200 WEST OAK, SUITE 3000 POST OFFICE BOX 1190 FORT COLLINS, COLORADO 80522-1190 (970)498-5700 (970)498-7986 FAX
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 100
Item 8.
EXHIBIT B
A PERMANENT EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN THE SEl/4 OF THE
SEl/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
COUNTY OF LARIMER, STATE OF COLORADO
THE FOLLOWING IS A LEGAL DESCRIPTION FOR A PERMANENT EASEMENT LOCATED IN THE
SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 28, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, ALSO BEING A PART OF
RECEPTION NUMBER 20140008160 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28, SAID CORNER BEING MARKED
BY A 3.25 INCH ALUMINUM CAP ON A#6 REBAR STAMPED P.L.S. 31169, 2019,AND CONSIDERING THE
SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID
SECTION 28 TO BEAR N89° 22' 33"W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE N89° 22' 33 "W, A DISTANCE OF 1241.22 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N00° 37' 27"E, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO A POINT ON THE NORTH
RIGHT-OF-WAY (R-O-W) LINE OF LARIMER COUNTY ROAD 40 (CR40) PER BOOK R, PAGE 17, SAID
POINT ALSO BEING THE POINT OF BEGINNING;
THENCE DEPARTING SAID R-O-W N21° 01' 41"E A DISTANCE OF 60.45 FEET;
THENCE S68° 58' 19"E A DISTANCE OF 10.00 FEET;
THENCE S21 ° 01' 41 "W A DISTANCE OF 56.74 FEET, MORE OR LESS, TO AFORESAID R-O-W;
THENCE ALONG SAID R-O-W N89° 22' 33"W A DISTANCE OF 10.67 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING.
SAID PERMANENT EASEMENT CONTAINS 0.013 ACRES OR 585.95 SQUARE FEET, MORE OR LESS,
AND IS SUBJECT TO ANY EASEMENTS AND RIGHT OF WAYS OF RECORD OR THAT EXIST ON THE
GROUND.
Celine M. Bromley-on behalf of Larimer County
Colorado Licensed Professional Land Surveyor #38779
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 101
Item 8.
EXHIBIT B
A PERMANENT EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN THE SQ OF THE SQ OF SECTION 28,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNlY OF LARIMER, STATE OF COLORADO
Line Table
Line# Length Bearing
L1
L2
10.00' S68' 58' 19"E
10.67' N89' 22' 33"W
CITY OF FORT COLLINS
REC. NO. 20140008160
N89'22'33"W -COUNTY ROAD 40 ROW(BOO""=K =R""'/P,...,.A-=G=E....,.1=7)--
7--- . No • 0" t') 0 b n0
(POINT OF BEGINNING)
s 0 0� o:::g
78.14'
.., ___ s_ec.:._?8::!7N-R68W ___ _ j 1241.22' j)
BASIS OF BEARINGS Sec. 33-T?N-R68W
N89"22'33"W
E � CORNER OF SECTIONS 28 & 33
2.5" ALUM. CAP ON NO.6 REBAR
PLS 25646, 1997
LEGEND
----------------PROPOSED PERMANENT EASEMENT
EXISTING RIGHT OF WAY LINE
SECTION LINE
ENGINEERING DEPARTMENT
200 WEST OAK, SUITE 3000 POST OF'F'ICE BOX 1190 F'ORT COLLINS, COLORADO 80522-1190 (970).498-5700 {970)498-7986 F'AX
(POINT OF COMMENCEMENT)
SOUTHEAST CORNER SECTION 28
3.25" ALUMINUM CAP ON NO.6 REBAR
PLS 31169, 2019
o·- -30' - - -
EXHIBIT B TO ORDINANCE NO. 096, 2025
Page 102
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
TEMPORARY CONSTRUCTION EASEMENT
(City Property)
Grantor: City of Fort Collins, Colorado, a municipal corporation
Grantor Signing Authority and Title: Jenni Arndt, Mayor
Grantor Mailing Address: C/O Real Estate Services,
P.O. Box 580,
Fort Collins, Colorado 80522
Grantor Phone Number/Email: (970) 221-6211 / RealEstateServices@fcgov.com
Grantee: Board of County Commissioners of Larimer County, Colorado
Grantee Signing Authority and Title: John Kefalas, Chair
Grantee Mailing Address: PO Box 1190, Fort Collins, CO 80521
Grantee Phone Number/Email: 970-498-5710 / jcore@larimer.org
Project: CR 40 Improvement Project, including the installation of certain Drainage Improvements,
being two (2) eighteen (18) inch corrugated steel pipe culverts, squash pipes, rip-rap, and related
improvements
Effective Date: Date of mutual execution
Expiration Date: One (1) year after the Effective Date
Consideration: $141.00
Exhibit A – Larger Parcel Description: 1 page
Exhibit B – TCE Area Legal Description and Depiction: 4 pages
This TEMPORARY CONSTRUCTION EASEMENT (the “TCE”) is made and entered
into by and between Grantor and Grantee on the dates written below, and the above referenced
Exhibits A through B are attached to and made a part of this TCE.
1.Grantor’s Property. Grantor is the owner of that certain parcel of real property located in
Larimer County, Colorado, which is legally described on Exhibit A (the “Larger Parcel”).
2.Grant of Easement. For and in consideration of the covenants and agreements herein set
forth, the sum of the Consideration, and other good and valuable consideration, the receipt and
adequacy of which Grantor acknowledges, Grantor grants, sells, and conveys to Grantee, its
successors and assigns, a temporary construction easement (the “Easement”) on, over, under, and
across that certain portion of the Larger Parcel described more fully and depicted on Exhibit B
(the “TCE Area”), subject to the conditions and restrictions set forth below.
3. Purpose and Use of Easement.
A.During the term of this TCE, Grantee may use the TCE Area for the following
temporary activities related to the Project (defined above):
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 103
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
i. Construction activities;
ii.Marking the location of the TCE Area by suitable markers set in the ground;
iii.Storage and staging of materials and equipment;
iv. Fencing and gates for security and safety purposes;
v. Ingress and egress to the construction site;
vi. The right to use existing gates in all fences which now cross or shall hereafter
cross the TCE Area.
B.Grantee’s use of the Easement is subject to the following:
i.Grantee may only access the TCE Area from any adjoining public right of way
or other legal access point, and Grantee has no right of ingress and egress across
any portion of the Larger Parcel not included in the TCE Area;
ii.If Grantor’s main access to the Larger Parcel is located within the TCE Area,
Grantee must allow for Grantor’s reasonable access to the Larger Parcel;
iii.All activities by Grantee in the TCE Area must be carried out in a manner and
on a schedule reasonably expected to minimize disturbance to the natural
features of said property and Grantor’s intended purposes and uses therefor;
Grantee shall protect all trees located on the Larger Parcel from any damage by
Grantee’s construction activities;
iv.Grantee shall restore the TCE Area in accordance with Section 6 below;
v.Grantee shall provide Grantor notice of the date it intends to commence
construction operations for the Project, insofar as said operations pertain to the
TCE Area, at least seven (7) calendar days prior to such date, and such notice
shall include any construction plans and construction schedule for the Project.
Grantee shall coordinate such work in the TCE Area with Grantor;
vi.All activities by Grantee within the TCE Area must be carried out in a secure
and sanitary manner and to prevent injury or damage to persons or property;
vii.Grantee shall provide Grantor notice of any accident, emergency, or other
dangerous or hazardous occurrence in the TCE Area within one calendar day of
such occurrence and Grantee must make best efforts to correct or mitigate any
such occurrence as soon as practicably possible; and
viii.Grantee shall not be permitted to enter any portion of any building located
within the TCE Area without obtaining the prior written consent of Grantor.
4.Grantor’s Rights in the TCE Area. For security and safety, the TCE will be fenced off and
access to the TCE by Grantor or any other party is not permitted.
5.Maintenance of the TCE Area. During the term of this TCE, the Grantee will maintain the
surface of the TCE Area, specifically limited to any conditions directly caused by Grantee’s use
and occupancy of the TCE Area or conditions reasonably within Grantee’s control. Grantee will
not release, or permit, or allow to be released any hazardous or combustible substance or material
within the TCE Area.
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 104
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
6. Restoration of TCE Area.
A.Prior to the Expiration Date, Grantee, in accordance with the requirements of this
Section 6, will make such repairs or take such other action as may be necessary to
restore the TCE Area to a condition comparable to its condition as of the Effective Date
(the “Construction Repairs”), including but not limited to the reseeding and replanting
of any disturbed areas, correction of any subsidence, and restoration of any other
improvements or conditions impacted by Grantee’s activities.
B.The Grantee agrees to provide to Grantor a one-year maintenance guarantee and a one-
year repair guarantee covering the design, construction, and maintenance of the
Construction Repairs (the “Restoration Guarantees”). The Restoration Guarantees shall
commence upon the date of the City’s final approval and acceptance of the
Construction Repairs, which shall be in writing (the “Final Approval”). Subject to the
foregoing, the ownership of the Construction Repairs shall pass to Grantor upon Final
Approval.
7.Term. This TCE will commence on the Effective Date and will automatically terminate
thirty (30) days after final completion of the Project, but in no event later than the Expiration Date.
No extension of this TCE term shall be effective unless an amendment hereto is executed by both
parties, and no release or notice of termination shall be required to be filed to evidence the
automatic termination of this TCE.
8.No Recordation. The parties agree that this TCE shall not be recorded by either party.
9.Authority. Each person executing this TCE represents and warrants that he or she is duly
authorized to execute this TCE in his or her individual or representative capacity as indicated.
10.Representations of Grantor. Grantor makes no representations or warranties as to the lawful
ownership of the Larger Parcel.
11.Indemnity and Insurance.
A.Grantee agrees to release and, unless Grantee is a governmental entity, indemnify
Grantor, its officers, agents, employees, representatives, successors, and assigns from
and against all claims that may accrue to Grantee for personal injury, death, or property
damage resulting from or arising out of the Grantee’s use of the TCE Area or other
activities on the Larger Parcel. To the extent permitted by law, and without waiving
any of the provision so the Colorado Governmental Immunity Act, Grantee assumes
responsibility, as between Grantor and Grantee, for any liability to third parties arising
out of Grantee’s use of the Easement Area or other activities on Grantor’s Larger
Parcel, including but not limited to the construction, installation, operation, repair, and
maintenance of improvements within the TCE Area, and for any actions or omissions
by Grantee in violation of this TCE. Nothing shall require Grantee to indemnify
Grantor from any claim or liability, including reasonable attorney’s fees and costs, for
claims arising from the negligence or willful misconduct of Grantor.
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 105
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
B.Grantee shall procure, pay for, and keep in full force and effect during the term of the
TCE a comprehensive policy of general liability insurance insuring Grantee in an
amount not less than One Million Dollars ($1,000,000.00) covering bodily injury,
including death to persons, personal injury, and property damage liability arising out
of a single occurrence. Such coverage must include, without limitation, the insured’s
liability for property damage, bodily injuries, and death of persons in connection with
Grantee’s activities in the TCE Area or on Grantor’s Larger Parcel (including acts or
omissions of Grantee or of its officers, employees, or agents), and protection against
liability for non-owned and hired automobiles.
C.All policies of insurance required hereunder must name Grantor as an additional
insured and shall contain a provision that the policy or policies cannot be canceled or
materially altered either by the insured or the insurance company until fifteen (15) days’
prior written notice thereof is given to Grantor. Upon issuance or renewal of any such
insurance policy, Grantee shall furnish a certificate of insurance to Grantor.
D.In the event Grantee fails or neglects to maintain, or require its contractor to procure
and maintain, as applicable, the insurance required by this paragraph, then Grantor shall
have the right, upon giving the Grantee reasonable notice of its election to do so, to
take out and maintain such insurance at the expense of the Grantee, and in such event
the cost of such insurance shall be paid for by the Grantee promptly upon receipt of an
invoice covering such charges.
12.Notice. Any notice or other communication relating to this TCE must be in writing and
shall be deemed given upon actual receipt at the physical or electronic mailing addresses set forth
above, which may be amended by providing written notice to the other party.
13.Default, Remedies and Litigation Expenses. If a party to this TCE is in default in
performance of its respective obligations hereunder, the other party has the right to an action for
specific performance and/or damages. Prior to proceeding with any such action, the party not in
default must first send written notice to the defaulting party specifying the default and affording
such party a reasonable period to cure the default.
14.Assignment. The Grantee may not assign its rights under this TCE without the prior written
consent of the Grantor.
15.Additional Terms and Conditions. Whenever used herein, the singular number includes
the plural, the plural the singular, and the use of any gender is applicable to all genders. All of the
covenants herein contained are binding upon and inure to the benefit of the parties hereto, their
personal representatives, successors, and assigns. The parties agree that this TCE is to be construed
and enforced according to the laws of Colorado, and venue for any proceeding relating to the
subject matter of this TCE shall be in Larimer County, Colorado. If any term of this TCE is
determined by any court to be unenforceable, the other terms of this TCE shall nonetheless remain
in full force and effect; provided, however, that if the severance of any such provision materially
alters the rights or obligations of the parties, the parties shall engage in good faith negotiations in
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 106
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
order to adopt mutually agreeable amendments to this TCE as may be necessary to restore the
parties as closely as possible to the initially agreed upon relative rights and obligations.
16.Final Agreement. This TCE represents the entire understanding and agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all previous oral
and written representations, understandings, and agreements between the parties pertaining to the
subject matter of this TCE.
IN WITNESS WHEREOF, the parties have set their hands and seals on the date(s) written
below, but this TCE shall be effective as of the Effective Date; and the Grantor has caused this
TCE to be executed pursuant to Ordinance No. ___, 2025, passed on final reading by the City
Council of the City of Fort Collins on _______, 2025.
[Signatures on the following page(s)]
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 107
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
GRANTOR:
Date: ___________ ____________________________
Jeni Arndt, Mayor
ATTEST:
________________________
Delynn Coldiron, City Clerk
APPROVED AS TO FORM:
Ted Hewitt, Assistant City Attorney
ACCEPTANCE BY GRANTEE:
Board of County Commissioners of Larimer
County, Colorado
Date: _______________________________
John Kefalas, Chair
ATTEST:
________________________
Signature
________________________
(Name, Title)
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 108
Item 8.
Temporary Construction Easement – City Grantor
Form Version - 2024
Exhibit A
Larger Parcel
(Page 1 of 1)
Description:
164.876 acres, more or less, located in the Southwest Quarter (SW/4) of Section 27 and 28, T7N,
R68W, 6th PM, Larimer County, Colorado, being more particularly described in the Special
Warranty Deed from Cottonwood Land and Farms, LLC, to the City of Fort Collins, Colorado,
dated February 11, 2014, recorded at Reception No. 20140008160, Clerk and Recorder’s Records,
Larimer County, Colorado.
Location Address:
4109 East Horsetooth Road
Fort Collins, Colorado 80525
Assessor Parcel Number(s):
8728400901 & 8728400902
Map:
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 109
Item 8.
A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN
THE SEI/4 OF THE SEI/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
COUNT Y OF LARIMER, STATE OF COLORADO
THE FOLLOWING IS A LEGAL DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY,
COLORADO, ALSO BEING A PART OF RECEPTION NUMBER 20140008160 AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28, SAID CORNER BEING MARI<ED
BY A 3 .25 INCH ALUMINUM CAP ON A #6 REBAR STAMPED P.L.S. 31169, 2019, AND CONSIDERING THE
SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID
SECTION 28 TO BEAR N89 ° 22' 33 "W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE N89° 22' 33 "W, A DISTANCE OF 3 86.64 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N00° 37' 27"E, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO A POINT ON THE NORTH
RIGHT-OF-WAY (R-O-W) LINE OF LARIMER COUNT Y ROAD 40 (CR40) PER BOOK R, PAGE 17, SAID
POINT ALSO BEING THE POINT OF BEGINNING;
THENCE N89° 22' 33"W, A DISTANCE OF 5.00 FEET ALONG THE SAID NORTH R-O-W LINE;
THENCE DEPARTING SAID R-O-W N00° 01' 0l"E A DISTANCE OF 67.24 FEET;
THENCE S89° 58' 49"E A DISTANCE OF 20.00 FEET;
THENCE S00° 01' 0l"W A DISTANCE OF 67.45 FEET, MORE OR LESS, TO AFORESAID R-O-W;
THENCE ALONG SAID R-O-W N89° 22' 33"W A DISTANCE OF 5.00 FEET;
THENCE DEPARTING SAID R-O-W N00° 0 I' 0 l "E A DISTANCE OF 62.40 FEET;
THENCE N89° 58' 49"W A DISTANCE OF 10.00 FEET;
THENCE S00° 0 I' 0 l "W A DISTANCE OF 62.29 FEET, MORE OR LESS, TO AFORESAID R-O-W AND THE
POINT OF BEGINNING.
SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 0.017 ACRES OR 723.45 SQUARE FEET,
MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS AND RIGHT OF WAYS OF RECORD OR THAT
EXIST ON THE GROUND.
Celine M. Bromley -on behalf of Larimer County
Colorado Licensed Professional Land Surveyor #38779
Exhibit B TCE Legal Description and Depiction(Page 1 of 4)
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 110
Item 8.
EXHIBIT B
A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN THE SQ OF THE SQ OF SECTION
28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO
Line#
L1
L2
L3
L4
Line Table
Length Bearing
5.00' N89" 22' 33"W
20.00' S89" 58' 49"E
5.00' N89" 22' 33"W
10.00' N89" 58' 49"W
CITY OF FORT COLLI NS
REC. NO. 20140008160
N89"22'33"W _____ ...:..;_:c..c.,. -----.---COUNTY ROAD 40 ROW (BOOK R/PAGE 17) t
932.72'
sS oq o::8_
BASIS OF BEARINGS
N89"22'33"W
E fii CORNER OF SECTIONS 28 & 33 2.5" ALUM. CAP ON NO.6 REBAR PLS 25646, 1997
LEGEND
--------PROPOSED TEMPORARY EASEMENT
EXISTING ROW
R:\PROJ\349\ 1-5URVEYING\IUlOW-rASMTS
SECTION LINE
ENGINEERING DEPARTMENT
200 WEST OAK, SUITE 3000 POST OFFICE BOX 1 190 FORT COLLINS, COLORADO 80522-1190 (970)498-5700 (970)498-7986 FAX
TEMPORARY CONSTRUCTION EASEMENT 723.4 5sf (HATCHED AREA)
(POINT OF BEGINNING)
386.64'
Sec. 28-T7N-R68W
Sec. 33-T7N-R68W
(POINT OF COMMENCEMENT) SOUTHEAST CORNER SECTION 28 3.25" ALUMINUM CAP ON NO.6 REBAR PLS 31169, 2019
O' - -30' - - -
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 111
Item 8.
EXHIBIT B
A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PARCEL OF LAND LOCATED IN
THE SEI/4 OF THE SEI/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,
COUNTY OF LARIMER, STATE OF COLORADO
THE FOLLOWING IS A LEGAL DESCRIPTION FOR A TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF
SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY,
COLORADO, ALSO BEING A PART OF RECEPTION NUMBER 20140008160 AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 28, SAID CORNER BEING MARKED
BY A 3.25 INCH ALUMINUM CAP ON A#6 REBAR STAMPED P.L.S. 31169, 2019,AND CONSIDERING THE
SOUTH LINE OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID
SECTION 28 TO BEAR N89° 22' 33 "W, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE N89° 22' 33 "W, A DISTANCE OF 1241.22 FEET TO A POINT ON SAID SOUTH LINE;
THENCE N00° 37' 27"E, A DISTANCE OF 30 .00 FEET, MORE OR LESS, TO A POINT ON THE NORTH
RIGHT-OF-WAY (R-O-W) LINE OF LARIMER COUNTY ROAD 40 (CR40) PER BOOK R, PAGE 17, SAID
POINT ALSO BEING THE POINT OF BEGINNING;
THENCE N89° 22' 33"W, A DISTANCE OF 5.34 FEET ALONG THE SAID NORTH R-O-W LINE;
THENCE DEPARTING SAID R-O-W N21 ° 01' 4l"E A DISTANCE OF 67.31 FEET;
THENCE S68° 58' l 9"E A DISTANCE OF 20.00 FEET;
THENCE S21 ° 01' 41 "W A DISTANCE OF 59.88 FEET, MORE OR LESS, TO AFORESAID R-O-W;
THENCE ALONG SAID R-O-W N89° 22' 33"W A DISTANCE OF 5.34 FEET;
THENCE DEPARTING SAID R-O-W N21° 01' 4l"E A DISTANCE OF 56.74 FEET;
THENCE N68° 58' 19"W A DISTANCE OF 10.00 FEET;
THENCE S21 ° 0 l' 41 "W A DISTANCE OF 60.45 FEET, MORE OR LESS, TO AFORESAID R-O-W AND THE
POINT OF BEGINNING.
SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 0.016 ACRES OR 685.95 SQUARE FEET,
MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS AND RIGHT OF WAYS OF RECORD OR THAT
EXIST ON THE GROUND .
Ce] in e M. Bromley -on behalf o f Larim er County
Colo rado Licensed Professional Land Surveyo r #38779
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 112
Item 8.
EXHIBIT B
A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PARCE L OF LAND LOCATED IN THE SQ OF THE SQ
OF SECTION 28, TOWNSHI P 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STA TE OF COLORADO
Line#
L1
L2
L3
L4
Line Tobie
Length Bearing
5.34' N89' 22' 33"W
20.00' S68' 58' 19"E
5.34' N89' 22' 33"W
10.00' N68" 58' 19"W
CITY OF FORT COLLI NS
REC. NO. 20140008160
1:1"-j/').�l<._2 TEMPORARY CONSTRUCTION fj� EASEMENT 685.95sf
;__ I / <o.00, (HATCHED AREA) f1l.t/i %.f/tf//� Yl!i r I ir /1:l N89'22'33"W ==.-=�-----/(,/ KJ. --COUNTY ROAD 40 ROW(BOOK R/PAGE 17) (POINT OF BEGINNING)
sS 0�
��
78.14' ----S_ec�8_:!7N-R68W ____ j BASIS OF BEAR INGS Sec. 33-T7N-R68W
1241.22' jJ
N89'22'33"W
E fii CORNER OF SECTIONS 28 & 33
2.5" ALUM. CAP ON N0.6 REBAR
PLS 25646, 1997
(POINT OF COMMENCEMENT)
SOUTHEAST CORNER SECTION 28
3.25" ALUMINUM CAP ON N0.6 REBAR
PLS 31169, 2019
R:\PROJ\349\ 1....SUIMYING\ILROW-E:ASl,IIS
LEGEND
PROPOSED TEMPORARY EASEMENT
EXISTING RIGHT OF WAY LINE
SECTION LINE
ENGINEERING DEPARTMENT
200 WEST OAK, SUITE 3000 POST OFFICE BOX 1190 FORT COLLINS, COLORADO 80522-1190 (970)498-5700 (970)498-7986 FAX
30'
EXHIBIT C TO ORDINANCE NO. 096, 2025
Page 113
Item 8.
File Attachments for Item:
9. Items Relating to the Appropriation of Federal Funds in the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) Program Funds.
A. First Reading of Ordinance No. 097, 2025, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. First Reading of Ordinance No. 098, 2025, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant Fund.
C. First Reading of Ordinance No. 099, 2025, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant American Rescue Plan Act Fund.
The purpose of these items are to appropriate the City's Fiscal Year (FY) 2025 Community
Development Block Grant (CDBG) Entitlement Grant and FY2025 Home Investment
Partnerships Program (HOME) Participating Jurisdiction Grant from the Department of Housing
and Urban Development (HUD), CDBG program income from FY2023 & FY2024 and HOME
Program Income from FY2023 & FY2024, and supplemental funding to the FY21 HOME
American Rescue Plan Act (HOME-ARP) Fund.
Page 114
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Beth Rosen, Grants Compliance and Policy Manager
SUBJECT
Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant
(CDBG) and HOME Investment Partnership (HOME) Program Funds.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 097, 2025, Making Supplemental Appropriations in the Community
Development Block Grant Fund.
B. First Reading of Ordinance No. 098, 2025, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant Fund.
C. First Reading of Ordinance No. 099, 2025, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant American Rescue Plan Act Fund.
The purpose of these items are to appropriate the City's Fiscal Year (FY) 2025 Community Development
Block Grant (CDBG) Entitlement Grant and FY2025 Home Investment Partnerships Program (HOME)
Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), CDBG
program income from FY2023 & FY2024 and HOME Program Income from FY2023 & FY2024, and
supplemental funding to the FY21 HOME American Rescue Plan Act (HOME-ARP) Fund.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Community Development Block Grant (CDBG) Entitlement Program provides annual grants on a
formula basis to eligible cities and counties to improve the living conditions for low and m oderate- income
persons. Recipient communities develop their own programs and funding priorities. In the 2025-2029
Consolidated Plan which will be submitted to HUD by August 16, 2025, the City prioritized the use of these
funds to further its affordable housing goals and provide public services for persons experiencing
homelessness.
The HOME Investment Partnership Program (HOME) provides annual grants on a formula basis to
Participating Jurisdictions to implement local housing strategies designed to increase homeownership and
housing opportunities for low and very low-income residents. These funds are used annually to further the
affordable housing goals outlined in the Housing Strategic Plan.
Page 115
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
On May 14, 2025, the City received notice of its Fiscal Year 2025 CDBG and HOME allocations from the
Department of Housing and Urban Development. This appropriation includes $1,152,451 for CDBG and
$650,489.56 for HOME. Additionally, the City receives annual repayments into the CDBG & HOME
programs, referred to as Program Income (Pl), through the payoffs of Home Buyer Assistance (HBA) loans
and loan payments on affordable housing projects. These payments go back to their respective programs
for re-allocation to eligible projects. Since April 1, 2024, the CDBG program has received $103,659 in
Program Income and the HOME Program has received $83,688 in Program Income.
Ordinance No. 097, 2025 appropriates a total of $1,237,712 into the CDBG Program, which includes the
Entitlement Award of $1,152,451 and $85,261 from Program Income.
Ordinance No. 098, 2025, appropriates a total of $796,968.56 into the HOME Program, which includes the
Entitlement Award of $650,489.56 and $146,479 from Program Income.
These funds are allocated through an annual Competitive Process, with funding recommendations being
made to Council by the Human Services and Housing Funding Board. Recommendations for the use of
these funds will be presented to Council at its regular meeting on June 17, 2025.
On April 30, 2025, the City received notification from HUD that it made an administrative error in the
calculation of the 2021 American Rescue Plan Act funds allocated to the City through the HOME
Investment Partnerships Program. Specifically, HUD determined that the City received $3,941 less in its
HOME-ARP allocation than it should have.
Ordinance No. 099, 2025, appropriates an additional $3,941 into the HOME Investment Partnerships Grant
American Rescue Plan Act (HOME-ARP) Fund.
These funds will supplement the existing Supportive Services funds already contracted with Subrecipients.
CITY FINANCIAL IMPACTS
These items will appropriate $2,038,621.56 in federal funding to the City which will be allocated to housing
and community development related programs and projects, and the administration of the funds, thereby
reducing the demand on the City’s General Fund budget to address such needs.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. FY2025 CDBG & HOME Formula Letter from HUD
2. Amended HOME-ARP Award Letter from HUD
3. Ordinance No. 097, 2025
4. Ordinance No. 098, 2025
5. Ordinance No. 099, 2025
Page 116
Item 9.
May 14, 2025
The Honorable Jeni Arndt
Mayor of Fort Collins
PO Box 580
Fort Collins, CO 80522
Dear Mayor Arndt,
Secretary Scott Turner is committed to improving housing opportunities, reducing
regulations to lower housing cost, and expanding housing supply for hardworking Americans.
The nationwide shortage of rental and owner-occupied properties and the current rate of
construction has not kept pace with the demand. This lack of adequate housing supply leads
to higher prices for renters and homebuyers alike, forcing some into homelessness and
preventing countless Americans from becoming homeowners. Across the country, partnerships
between public and private sectors are providing millions of Americans an opportunity to get
ahead. HUD is determined to continue its collaboration with you so programs are responsibly
utilized and can spark additional leveraging and partnerships to address the nation’s housing
crisis.
As authorized by the Consolidated Appropriations Act (Public Law 119-4) on
March 15, 2025, I am honored and excited to announce that your jurisdiction is receiving the
following Fiscal Year 2025 allocations for the identified programs:
Community Development Block Grant (CDBG) - $1,152,451.00
HOME Investment Partnerships (HOME) - $650,489.56
Emergency Solutions Grants (ESG) - $0.00
Housing Opportunities for Persons W/ HIV/AIDS (HOPWA) - $0.00
Housing Trust Fund (HTF) - $0.00
Recovery Housing Program (RHP) - $0.00
In addition, your jurisdiction’s CDBG allocation for this year provides you with
$5,762,255.00 in available Section 108 loan guarantee borrowing authority. Section 108 permits
you to borrow up to five times of your current CDBG allocation. This loan allows jurisdictions
to maximize access to low-interest capital, and provide long-term financing to invest in
Opportunity Zones, or further address gap financing for big projects that you envision for your
community.
Page 117
Item 9.
2
As you are finalizing your Annual Action Plans or Consolidated Plans that are due for
submission to our office by August 16, 2025, please be reminded that it is important to align with
executive orders and applicable laws. If you or any member of your staff have questions, please
do not hesitate to contact your local HUD Field Office in Denver or CPDGDAS@hud.gov.
Thank you for your interest in CPD programs and for ensuring that these dollars are
responsibly achieving outcomes as intended by law. When people have a safe and stable place to
call home, they can focus on contributing to the economy and be productive members of their
respective communities.
Sincerely,
Claudette Fernandez
General Deputy Assistant Secretary
for Community Planning and Development
Page 118
Item 9.
April 30, 2025
The Honorable Jeni Arndt
Mayor of Fort Collins
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
Dear Mayor Arndt:
In 2021, the Department of Housing and Urban Development’s (HUD or the Department)
Office of Community Planning and Development (CPD) allocated $5 billion appropriated by the
American Rescue Plan Act (ARP) of 2021 to HOME Investment Partnerships Program participating
jurisdictions. These funds, known as “HOME-ARP,” are intended to give you the financial tools to
assist your most vulnerable citizens by providing housing, shelter, tenant-based rental assistance, and
supportive services for persons experiencing or at risk of homelessness, fleeing or attempting to flee
domestic violence, dating violence, sexual assault, stalking, or human trafficking, and other
populations at greatest risk of housing instability.
While conducting recent quality control efforts, the Department discovered an administrative
error in the allocations of the HOME-ARP funds. This error resulted in your jurisdiction inadvertently
being allocated less HOME-ARP funds than it was legally entitled to receive. Specifically, the
Department determined that your jurisdiction received $3,941.00 less in its HOME-ARP allocation
than it should have. This letter notifies you of the corrected amount of your HOME-ARP award.
Original HOME-ARP
Award
Additional Allocation
Amount
Revised HOME-ARP
Award
$2,628,410.00 $3,941.00 $2,632,351.00
Attached is an amended HOME-ARP grant agreement for your agency’s signature, indicating
the additional amount you are entitled to and your final corrected amount. Please sign this agreement
and return it to your CPD Representative. Please note: Build America, Buy America provisions
continue to be waived for HOME-ARP.
Additionally, you must amend your HOME-ARP allocation plan to include the correct amount
of HOME-ARP funds in accordance with HUD Notice CPD-21-10 and your citizen participation plan.
Depending upon the criteria for substantial amendments established in your citizen participation plan,
you may be required to develop a substantial amendment to the HOME-ARP allocation plan.
Page 119
Item 9.
2
The requirements for substantial amendments can be found in section V.C.6 of HUD Notice
CPD-21-10. The Department can assist you in determining what may be required to be included in a
substantial amendment.
The Department regrets this error and apologizes for any inconvenience it may cause.
We are working hard to make this process as seamless as possible for all affected recipients. If you or
your staff wish to discuss this correction or have any questions about HOME-ARP, please contact your
local HUD Field Office or HUD’s Office of Affordable Housing Programs at HOMEARP@hud.gov.
Sincerely,
Claudette Fernandez
General Deputy Assistant Secretary
for Community Planning and Development
Page 120
Item 9.
-1-
ORDINANCE NO. 097, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUND
A. The City estimates it will receive in federal fiscal year 2025-2026
unanticipated revenue in the form of federal Community Development Block Grant
(“CDBG”) funds from Housing and Urban Development (HUD) totaling $1,152,451.
B. The City received unanticipated CDBG Program income in the amount of
$85,261.
C. Recommendations for the use of these funds were presented to City
Council at its regular meeting on June 17, 2025.
D. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and services the public purpose of providing human services and
affordable housing for City residents.
E. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
F. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Community Development Block Grant Fund and that this
appropriation will not cause the total amount appropriated in the Community Development
Block Grant Fund to exceed the current estimate of actual and anticipated revenues and
all other funds to be received in this Fund during this fiscal year.
G. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal grant, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the earlier of the expiration of th e federal grant or the City’s
expenditure of all funds received from such grant.
H. The City Council wishes to designate the appropriation herein for the
Community Development Block Grant Entitlement Program as an appropriation that shall
not lapse until the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
Page 121
Item 9.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds from
HUD in the Community Development Block Grant Fund, the sum of ONE MILLION ONE
HUNDRED FIFTY-TWO THOUSAND FOUR HUNDRED FIFTY-ONE DOLLARS
($1,152,451), to be expended in the Community Development Block Grant Fund upon
receipt thereof for federal fiscal year 2025-2026 Community Development Block Grant
projects.
Section 2. There is hereby appropriated from new revenue or other funds from
program income in the Community Development Block Grant Fund, the sum of EIGHTY-
FIVE THOUSAND TWO HUNDRED SIXTY-ONE DOLLARS ($85,261), to be expended
in the Community Development Block Grant Fund for approved Community Development
Block Grant projects.
Section 3. The appropriation herein for the Community Development Block
Grant Entitlement Program is hereby designated, as authorized in Article V, Section 11
of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year
but continue until the earlier of the expiration of the grant or the City’s expenditure of all
funds received from such grant.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 122
Item 9.
-1-
ORDINANCE NO. 098, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN THE HOME
INVESTMENT PARTNERSHIPS GRANT FUND
A. The Home Investment Partnerships Program (the “HOME Program”) was
authorized by the National Affordable Housing Act of 1990 to provide funds in the form of
Participating Jurisdiction Grants for a variety of housing-related activities that would
increase the supply of decent, safe, and affordable housing.
B. On March 1, 1994, the City Council adopted Resolution 1994-042
authorizing the Mayor to submit to the United States Department of Housing and Urban
Development (“HUD”) a notification of intent to participate in the HOME Program .
C. On May 26, 1994, HUD designated the City as a Participating Jurisdiction
in the HOME Program, allowing the City to receive an allocation of HOME Program funds
as long as Congress re-authorizes and continues to fund the program .
D. The City estimates it will receive in federal fiscal year 2025-2026
unanticipated revenue in the form of Home Investment Partnership Program (“HOME”)
funds from HUD totaling $650,490.
E. The City received unanticipated HOME Program income in the amount of
$146,479.
F. Recommendations for the use of these funds were presented to City
Council at its regular meeting on June 17, 2025.
G. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing affordable housing
for City residents.
H. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
I. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Home Investment Partnerships Grant Fund and that this
appropriation will not cause the total amount appropriated in the Home Investment
Partnerships Grant Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
Page 123
Item 9.
-2-
J. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal grant, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the earlier of the expiration of the federal grant or the City’s
expenditure of all funds received from such grant.
K. The City Council wishes to designate the appropriation herein for the Home
Investment Partnerships Program as an appropriation that shall not lapse until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds from
HUD in the HOME Investment Partnerships Grant Fund the sum of SIX HUNDRED FIFTY
THOUSAND FOUR HUNDRED NINETY DOLLARS ($650,490), to be expended in the
HOME Investment Partnerships Grant Fund upon receipt from federal fiscal year 202 5-
2026 HOME Participating Jurisdiction Grant Funds.
Section 2. There is hereby appropriated from new revenue or other funds from
program income in the HOME Investment Partnerships Grant Fund the sum of ONE
HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED SEVENTY-NINE DOLLARS
($146,479), to be expended in the HOME Investment Partnerships Grant Fund for
approved HOME Program projects.
Section 3. The appropriation herein for HOME Investment Partnerships Grant
Entitlement Program is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
Page 124
Item 9.
-3-
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 125
Item 9.
-1-
ORDINANCE NO. 099, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS IN THE HOME
INVESTMENT PARTNERSHIPS GRANT AMERICAN RESCUE
PLAN ACT FUND
A. The HOME Investment Partnerships American Rescue Plan Program
(HOME-ARP) provides funding to HOME Participating Jurisdictions to reduce
homelessness and increase housing stability across the country. On April 30, 2025, the
City received notice that it would receive unanticipated Home-ARP income from the
United State Department of Housing and Urban Development for the HOME Investments
Partnerships Program in the amount of $3,941.
B. This appropriation benefits the public health, safety and welfare of the
residents of Fort Collins and serves the public purpose of providing housing and
homelessness services for City residents.
C. 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.
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 Home Investment Partnerships Grant Fund and that this
appropriation will not cause the total amount appropriated in the Home Investment
Partnerships Grant Fund to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in this Fund during this fiscal year.
E. Article V, Section 11 of the City Charter aut horizes the City Council to
designate in the ordinance when appropriating funds for a federal grant, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the earlier of the expiration of the federal grant or the City’s
expenditure of all funds received from such grant.
F. The City Council wishes to designate the appropriation herein for the Home
Investment Partnerships Program as an appropriation that shall not lapse until the earlier
of the expiration of the grant or the City’s expenditure of all funds received from such
grant.
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 126
Item 9.
-2-
Section 1. There is hereby appropriated from new revenue or other funds from
HUD American Rescue Plan Act funds in the HOME Investment Partnerships Grant Fund
the sum of THREE THOUSAND NINE HUNDRED FORTY-ONE DOLLARS ($3,941), to
be expended in the HOME Investment Partnerships Grant Fund for approved HOME
Program projects.
Section 2. The appropriation herein for HOME Investment Partnerships Grant
Entitlement Program is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 127
Item 9.
File Attachments for Item:
10. First Reading of Ordinance No. 100, 2025, Updating Various Provisions of the Code of
the City of Fort Collins Related to Affordable Housing.
The purpose of this item is to conform the definitions relating to affordable housing in the City
Code to those in the Land Use Code, to remove language for a program that was repealed, and
to remove the requirement of a specific fee amount when requesting affordable housing fee
delays.
Page 128
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Sue Beck-Ferkiss, Social Policy and Housing Programs Manager
Vanessa Fenley, Senior Housing Manager
Jacob Castillo, Chief Sustainability Officer
SUBJECT
First Reading of Ordinance No. 100, 2025, Updating Various Provisions of the Code of the City of
Fort Collins Related to Affordable Housing.
EXECUTIVE SUMMARY
The purpose of this item is to conform the definitions relating to affordable housing in the City Code to
those in the Land Use Code, to remove language for a program that was repealed, and to remove the
requirement of a specific fee amount when requesting affordable housing fee delays.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Staff is actively engaged in updating the City’s Land Use Code (LUC), originally established in 1997, to
better meet the evolving needs of our community. This work is being implemented in two phases. The focus
of the first phase was housing regulations. The first phase was successfully adopted by City Council on
May 7, 2024, and became effective on May 17, 2024.
The updated LUC speaks to affordable housing development in Article 5, Division 5.2 and in Article 7
definitions. Section 5.2.1 (C) of the LUC establishes standards for rental and for-sale affordable housing.
These updated and nuanced standards are different than those currently in the City Code.
The new LUC standard requirements for Rental units are:
• 10% of total units priced to 60% area median income (AMI) or
• 20% of total units priced to 80% AMI.
The new LUC standard requirements for For-sale units are:
• 10% of total units priced to 80% AMI or
• 20% of total units priced to100% AMI.
Page 129
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Further, Section 5.2.1 (D) (3) of the LUC requires that affordable units stay affordable for at least sixty (60)
years.
Section 26-631 of the City Code defines these terms differently and the definition in Section 26-631 is used
in various other provisions of the Code. Both affordable housing units for rent and for-sale are defined as
homes available on terms that would be affordable for households earning 80 % or less of the area median
income of City residents. This section req uires a minimum affordability period of only 20 years. That is in
direct conflict with the new LUC regulation. To avoid confusion, the municipal language code will refer to
the LUC definitions to assure consistency now and, in the future, should these standards change over time.
Code updates will also apply the compliance, reporting, and monitoring requirements applicable to
affordable housing developments under the Land Use Code to affordable housing developments under the
Code.
This Ordinance also addresses two clean-up items. The first is to remove repeated references in the City
Code to an incentive program that was repealed and replaced in 2020. Lastly, the Ordinance removes
language imposing a $50 fee for requesting affordable housing fee delays. The City does offer a fee delay
program for some development fees paid by affordable housing developers. Any fee related to this
incentive should be regulated through administrative processes and not be set in code language. Removing
this reference allows flexibility in establishing whether a fee is required and if so, what is the appropriate
amount.
CITY FINANCIAL IMPACTS
Only the change related to the $50 could have financial impacts. Any financial impact is negligible because
only one or two requests are made in any year and because the fee amount is so small.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Affordable Housing Board was advisory to staff and City Council during the updating of the LUC and
supported the nuanced affordability definitions and increased minimum affordability term.
PUBLIC OUTREACH
Extensive public outreach was conducted during the LUC update process. No additional public outreach
was done on this Ordinance.
ATTACHMENTS
1. Ordinance No. 100, 2025
Page 130
Item 10.
- 1 -
ORDINANCE NO. 100, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
UPDATING VARIOUS PROVISIONS OF THE CODE OF THE
CITY OF FORT COLLINS RELATED TO AFFORDABLE HOUSING
A. The City seeks to update provisions in the Code relating to affordable
housing. This Ordinance conforms usage of “affordable housing” in the City Code to the
definition of that term in the Land Use Code, removes language for repealed affordable
housing programs, and removes the codified $50 fees for developers when requesting
affordable housing fee delays.
B. Currently, both the Code and the Land Use Code provide benefit s to the
developers of affordable housing. These include fee credits and fee delays in Code and
density and height bonuses in the Land Use Code. However, the Code and the Land Use
Code define “affordable housing” differently. This Ordinance updates the definition of
“affordable housing” within the Code to conform to the definition of “affordable housing”
in the Land Use Code and applies the compliance, reporting, and monitoring
requirements applicable to affordable housing developments under the Land Use Code
to affordable housing developments under the Code.
C. This Ordinance also removes from Code references to two repealed
programs: a sales and tax rebate program for affordable housing; and a fee waiver
program for affordable housing developments.
D. Finally, this Ordinance also eliminates the Code provision setting $50 fees
for affordable housing developers when requesting a delay to pay capital expansion fees,
utility development fees, and sales and use taxes , in order to allow such fees to be set
administratively.
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. Subsection 51 of Section 5-27 of the Code of the City of Fort Collins
is hereby amended to read as follows:
51. A new CHAPTER 36 SUSTAINABLE BUILDING CONSTRUCTION
PRACTICES is hereby added to read as follows:
. . .
3604.2 Definitions applicable to this Chapter:
Affordable Housing: Residential occupancies that meet the criteria established
in the Land Use Code Article 5.2.1(C)-(G) and Land Use Code Article 7 as
affordable housing.
Page 131
Item 10.
- 2 -
. . .
Section 2. Section 7.5-26 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-26. - Deferral of fees for affordable housing.
With respect to any building permit for a dwelling unit which is contained within or which
constitutes an affordable housing project development as defined in § 26-631 Article 7 of
the Land Use Code and that meets the requirements of Article 5.2.1(C) through (G) of the
Land Use Code, any fees established under this Article and not waived by the City Council
under the provisions of Subsection 7.5-19(b) shall, upon the request of the applicant, be
deferred until the date of issuance of a certificate of occupancy (whether temporary or
permanent) for such unit or until the first day of December of the year in which the deferral
was obtained, whichever first occurs. Notwithstanding any provision in this Chapter to the
contrary, in the event that, during the period of deferral, the amount of the deferred fee is
increased by ordinance of the City Council, the fee rate in effect at the time of the issuance
of the building permit shall apply. At the time of application for any such deferral, the
applicant shall pay to the City a fee in the amount of fifty dollars ($50.) to partially defray
the cost of administration. No person shall knowingly make any false or misleading
statement of fact in order to obtain any deferral of fees under this Section.
Section 3. Section 7.5-71(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. - Neighborhood parkland capital expansion fee.
(c) If any such dwelling unit is contained within or constitutes an affordable housing
project development as defined in Chapter 26, Article IX of the Code Article 7 of the Land
Use Code and that meets the requirements of Article 5.2.1(C) through (G) of the Land
Use Code, the fee established in this Section, if not waived by the City Council under the
provisions of Subsection 7.5-71(c), shall, upon the request of the applicant, be deferred
until the date of issuance of a certificate of occupancy (whether temporary or permanent)
for such unit(s) or until the first day of December of the year in which the deferral was
obtained, whichever first occurs. Any person requesting such deferral shall, as a condition
precedent to obtaining the deferral, secure the future payment of the deferred fee(s) by
providing the City with a letter of credit or certificate of deposit in a form and amount
acceptable to the City. At the time of application for any such deferral, the applicant shall
pay to the City a fee in the amount of fifty dollars ($50.) to partially defray the cost of
administration. No person shall knowingly make any false or misleading statement of fact
in order to obtain any deferral of fees under this Section.
Page 132
Item 10.
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Section 4. Section 7.5-101 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-101. - Definitions.
The following words, terms, and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
Affordable housing unit shall mean an affordable housing unit for rent or an affordable
housing unit for sale, or both such units.
Affordable housing unit for rent and affordable housing unit for sale shall have the same
meanings as set forth in § 26-631 of this Code Article 7 of the Land Use Code, provided
the unit meets the requirements of Article 5.2.1(C) through (G) of the Land Use Code.
Credit shall mean funds designated and appropriated by the City Council to be applied
towards the payment of fees as described in this Article.
Section 5. Chapter 25, Article II, Division 4 of the Code of the City of Fort Collins
is hereby deleted in its entirety and held in reserve.
Sec. 25-55. Establishment.
There is hereby established a sales and use tax rebate program to provide relief from
sales and use taxes charged on purchases of materials used in the construction of
affordable housing units as that term is defined in § 26-631.
Sec. 25-56. Application for rebate.
Application for the sales and use tax rebate for affordable housing units shall be made on
forms to be provided by the City.
Sec. 25-57. Qualifications.
In order to qualify for the rebate, the following requirements must be met:
(1) The applicant must demonstrate to the satisfaction of the City that the
materials upon which the sales and use taxes have been paid have been used in
the construction of an affordable housing unit as defined in § 26 -631 and that the
applicant requesting the rebate is the same as the payor of the taxes, or, if not the
same, has presented to the City the written permission of the payor to request and
receive the rebate;
(2) The applicant shall be in full compliance with all provisions of the Code and
shall not be in default of the terms of any obligation, contract or other agreement
with the City. If any application for a rebate is approved under the provisions of this
Division, and the applicant for such rebate subsequently becomes delinquent in
the payment of any tax, fee, charge or utility bill owed to the City, the rebate
otherwise due said applicant may be applied by the City in whole or in part toward
the payment of the delinquent tax, fee, charge or bill.
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Item 10.
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Sec. 25-58. Amount of rebate.
The amount of the rebate payable hereunder shall be the full amount of sales and use
taxes paid for materials used in the construction of the affordable housing unit. The
rebates provided for under this Division are subject to the appropriation of necessar y
funds, and the provisions of this Division shall not be construed as establishing any right
or entitlement to a rebate on the part of any applicant.
Sec. 25-59. Administration.
The Financial Officer shall administer the program established by this Divi sion and may
prepare a rebate application form, adopt rules and regulations consistent with the
provisions of this Division and audit and verify the applications submitted pursuant to this
Division. Any rebate application form shall require the claimant to verify and sign the
application under oath. The burden of proving eligibility for a rebate under this Division is
on the claimant. The Financial Officer may require reasonable information to support the
rebate application.
Sec. 25-60. Sunset provision.
The sales and use tax rebate provisions established in this Division shall terminate and
be of no further force and effect on December 1, 2001, and no rebate shall be paid after
said date except for affordable housing projects for which building permits ha ve
theretofore been issued, unless this sunset provision is repealed or modified by the City
Council.
Section 6. Section 25-130 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-130. - Deferred sales and use tax payments for affordable housing projects.
All sales and use taxes for materials purchased and used in the construction of
an affordable housing project development, as this term is defined in Code § 26-631
Article 7 of the Land Use Code that meets the requirements of Article 5.2.1(C) through
(G) of the Land Use Code, shall, upon the request of the applicant, be deferred until the
date of issuance of the certificate of occupancy (whether temporary or permanent) for
such affordable housing project, or portion thereof, or until the first day of December of
the year in which the deferral was obtained, whichever first occurs. At the time of
application for any such deferral, the applicant shall pay to the City a fee in the amount of
fifty dollars (%50.) to partially defray the cost of administration. No person shall knowingly
make any false or misleading statement of fact in order to obtain any deferral of taxes
under this Section.
Section 7. The definition of Affordable housing project contained in Section 26-
631 of the Code of the City of Fort Collins is hereby amended to read as follows:
Page 134
Item 10.
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Sec. 26-631. - Definitions.
Affordable housing project shall mean a development project in which: (1) at least
seventy-five (75) percent of the gross acreage to be developed under the plan is to be
developed as residential dwelling units or mobile home park spaces; (2) at least ten (10)
percent of said dwelling units or spaces (the "affordable housing units") are to be available
for rent or purchase on the terms described in the definitions of affordable housing unit
for rent or affordable housing unit for sale (as applicable); (3) the construction of the
dwelling units or spaces is to occur as part of the initial phase of the project and (i) prior
to the construction of the market rate units or (ii) on a proportional basis, according to the
same ratio as the number of affordable units bears to the number of the market rate units;
and (4) the units will be required, by binding legal instrument acceptable to the Cit y and
duly recorded with the County Clerk and Recorder, to be occupied by and affordable to
low-income households for at least twenty (20) development means an affordable
housing development as defined in Article 7 of the Land Use Code that meets the
requirements of Article 5.2.1(C) through (G) of the Land Use Code.
Section 8. The definitions of Affordable housing unit for rent and Affordable
housing unit for sale contained in Section 26-631 of the Code of the City of Fort Collins
are hereby deleted in their entirety.
Affordable housing unit for rent shall mean a dwelling unit which is available for rent on
terms that would be affordable to households earning eighty (80) percent or less of the
median income of City residents, as adjusted for family size, and paying less than thirty
(30) percent of their gross income for housing, including rent and utilities. The unit must
be occupied by and affordable to such low-income household(s) for a period of not less
than twenty (20) years.
Affordable housing unit for sale shall mean a dwelling unit which is available for purchase
on terms that would be affordable to households earning eighty (80) percent or less of the
median income of City residents, as adjusted for family size, and paying less than t hirty-
eight (38) percent of their gross income for housing, including principal, interest, taxes,
insurance, utilities and homeowners' association fees. The unit must be occupied by and
affordable to such low-income household(s) for a period of not less than twenty (20) years.
Section 9. Section 26-632 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-632. - Deferral of fees.
With respect to any dwelling unit which is contained within or which constitutes
an affordable housing project development as defined in § 26-631, the Water Plant
Investment Fee ("WPIF"), Sewer Plant Investment Fee ("SPIF"), Stormwater Plant
Investment Fee, the Water Supply Requirement Cash Payment, and the Electric
Page 135
Item 10.
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Development Fees and Charges, as established in this Chapter, shall, upon the reque st
of the applicant, be deferred until the date of issuance of a certificate of occupancy
(whether temporary or permanent) for such unit(s) or until the first day of December of
the year in which the deferral was obtained, whichever first occurs. Notwithst anding any
provision in this Chapter to the contrary, in the event that, during the period of deferral,
the amount of the deferred fee is increased by ordinance of the City Council, the fee rate
in effect at the time of the issuance of the building permit shall apply. At the time of
application for any such deferral, the applicant shall pay to the City a fee in the amount of
fifty dollars ($50.00) to partially defray the cost of administration. No person shall
knowingly make any false or misleading statement of fact in order to obtain any deferral
of fees under this Section.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 136
Item 10.
File Attachments for Item:
11. First Reading of Ordinance No. 101, 2025, Authorizing the Conveyance of a
Permanent Drainage Easement on Fossil Creek Reservoir Natural Area to South Fort
Collins Sanitation District.
The purpose of this item is to authorize the conveyance of a drainage easement to South Fort
Collins Sanitation District (“SFCSD”) across the southwest side of Fossil Creek Reservoir
Natural Area. The request is tied to an expansion of SFCSD’s infrastructure at their
headquarters immediately adjacent to the natural area. The proposed easement alignment
would cross Highway 392 (north to south) via a culvert into Duck Lake.
Page 137
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Katie Donahue, Natural Areas Director
Julia Feder, Environmental Program Manager
Tawnya Ernst, Natural Areas
Jonathan Piefer, Senior Real Estate Specialist
SUBJECT
First Reading of Ordinance No. 101, 2025, Authorizing the Conveyance of a Permanent Drainage
Easement on Fossil Creek Reservoir Natural Area to South Fort Collins Sanitation District.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of a drainage easement to South Fort Collins
Sanitation District (“SFCSD”) across the southwest side of Fossil Creek Reservoir Natural Area. The
request is tied to an expansion of SFCSD’s infrastructure at their headquarters immediately adjacent to
the natural area. The proposed easement alignment would cross Highway 392 (north to south) via a culvert
into Duck Lake.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Fossil Creek Reservoir Natural Area (Fossil Creek Reservoir NA) is located in southeast Fort Collins
adjacent to I-25 and Highway 392 (Carpenter Road) intersection. Fossil Creek Reservoir NA was acquired
in a series of transactions between 1998 and 2017 in partnership with Larimer County Open Lands. The
City and County share ownership of approximately 470 acres of the natural area, including the 116 acres
that encompass Duck Lake. Each holds an undivided 50% interest in the property rights to Duck Lake.
Duck Lake water quality has historically been impacted by agricultural runoff which has resulted in high
nutrient levels and severe algal blooms. These issues are exacerbated by lack of water cycling. Fossil
Creek Reservoir provides crucial habitat to bald eagles (in the winter) and other types of raptors, and many
species of shorebirds, songbirds, and waterfowl. Coyotes, deer, and prairie dogs also frequent the
property.
South Fort Collins Sanitation District (SFCSD), established in 1964, provides sanitary sewer service to
more than 60,000 customers in south Fort Collins, north Loveland and west Timnath and Windsor. SFCSD
owns a 17-acre property immediately adjacent to Fossil Creek Reservoir NA. SFCSD acquired the property
in 1974 – it contains their administrative headquarters and water reclamation facility. SFCSD has outgrown
their current office space and is proposing to build a new administrative building on site. SFCSD is
undergoing a site planning review with Larimer County Planning as well as the permitting process with the
Colorado Department of Transportation (CDOT) for the road improvements to Highway 392. The project
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 5
will entail construction of a 4,100 sq. ft. administration building with associated internal site roadway and
parking improvements, utilities, drainage infrastructure (including a detention pond), and landscaped areas.
In addition, SFCSD proposes to construct turn lane improvements in conjunction with the new
administrative building to address traffic impacts and improve safety and site circulation. SFCSD conducted
a traffic study as part of the CDOT permitting process. CDOT is not requiring the new turn lanes but the
SFCSD Board was motivated to add the turn lanes due to safety concerns. Their staff have experi enced
many near-misses and one operator was rear-ended turning into the SFCSD headquarters.
As a condition of site plan review, SFCSD is required to obtain the necessary easements to handle
stormwater runoff. Natural Areas staff were contacted in spring 2024 about the potential need for a drainage
easement across City property to address the stormwater anticipated from the proposed
development. Staff submitted the easement application to Larimer County Open Lands for their review as
well. The Open Lands and Advisory Board was presented with the request at their April meeting. OLAB
members asked for clarification about measures being taken to protect water quality and to schedule
construction to limit potential impacts to migratory waterfowl.
In addition, staff also shared the easement request with Fort Collins Community Development and
Neighborhood Services (CDNS) staff to determine if the project necessitated a 1041 permit review. CDNS
staff reviewed the project information and issued a determination t hat the project is excluded from the
definitions City Council designated as an activity of state interest subject to 1041 regulations.
Currently, stormwater runoff from roughly 6 acres on the southern portion of the SFCSD property and
approximately 24 acres of Fossil Creek Reservoir NA runs westerly along a drainage swale on the north
side of Highway 392. In smaller storm events (up to a 10-year event), the existing swale carries stormwater
through two culverts to another drainage swale on the west side of the SFCSD property where stormwater
then drains north to Fossil Creek Reservoir. In larger storm events, stormwater overtops Highway 392 (up
to 37 cfs in the 100-year storm event) and drains south onto the Duck Lake side of Fossil Creek Reservoir
NA. From there, stormwater flows westward toward an outfall pipe on the west side of Duck Pond and is
carried northwesterly back across Highway 392 to the drainage swale west of SFCSD that links to the
reservoir.
Larimer County Planning is requiring SFCSD to construct storm drainage and water quality improvements
as part of the site plan approval process for the new SFCSD headquarters improvements. The SFCSD
drainage system being proposed would capture and direct runoff towards an onsite detention pond. The
SFCSD site will feature a full spectrum detention pond (as defined in the Urban Drainage and Flood Control
District manual) designed to capture stormwater and release it slowly with discharges that approximate
pre-developed conditions – reducing pollutant loading and channel erosion.
The City of Fort Collins Natural Areas and Conserved Lands Easement Policy (adopted by City Council
1/3/2012) states the following:
“Drainage Facilities for Private Development. Drainage facilities that serve new development (such as
detention, retention, or water quality ponds) shall be located on private land within the development and
not on City-owned natural areas or conserved land. Easements for conveyance facilities will be considered
on a case-by-case basis when the city-owned land is located between the private parcel and the historic
receiving channel or stream. The design of the new flow conveyance must utilize existing drainages to the
maximum extent feasible and must blend into the surrounding terrain, must not impact t he existing
geomorphic character of the drainage and must enhance the natural habitat features and character of the
site.”
Natural Areas staff review of the stormwater outfall easement request has focused on minimizing ecological
impacts to the natural area. SFCSD, with feedback from Natural Areas, has submitted several alternatives.
Page 139
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
Alternative A
Alternative A provides for a new culvert to be constructed on the south side of the SFCSD property that
would carry stormwater underneath Highway 392 and route it directly to Duck Lake. A drainage outfall
easement (approximately 2,560 square feet (0.06 acres) in size would be located between the culvert in
CDOT right-of-way and Duck Lake. This concept is not the preferred alternative because it would require
a significantly larger 24”x38” elliptical pipe compared to an 18” circular pipe proposed in Alternative D –
preferred alternative) to convey stormwater westerly across the private SFCSD driveway to the north.
Alternative B
Alternative B mimics the historic condition, namely, stormwater drains west along a roadside swale and
overtops Highway 392 in large storm events. In this alternative, storm sewer construction across Highway
392 would not be necessary and an easement from NAD would likely not be necessary. This concept is
not the preferred alternative because CDOT would not allow this historic condition to persist given the
safety hazards of overtopping and the likelihood of future road widening. The roadside swale and culverts
on the north side of the road will need to convey all stormwater so that Highway 392 is not overtopped in a
large storm event.
Alternative C
Alternative C is similar to Alternative B except that all drainage swales and culverts would be sized to
convey the entire 100-year storm event on the north side of the road so that no overtopping of Highway
392 occurs. Stormwater would continue to follow its existing path toward Fossil Creek Reservoir. In this
alternative, storm sewer construction across Highway 392 would not be necessary. This concept is not the
preferred alternative because it would require a significantly larger elliptical pipe and would require a much
larger drainage swale on the north side of the road, significantly impact existing fiber optic, gas, and electric
lines on the north side of the road.
Alternative D (Preferred)
Similar to Alternative A, this alternative proposes a new culvert on the east side of the SFCSD property
that would take stormwater underneath Highway 392 and route it directly to Duck Lake. The total area that
would drain to Duck Lake is approximately 30-acres (including 6 acres of the SFCSD site and 24 acres of
Fossil Creek Reservoir).
The proposed culvert underneath Highway 392 is a 24”x38” elliptical concrete pipe capable of
conveying the entire 100-year storm event of 43 cfs. The 10-year, 5-year, and 2-year storm events are
approximately 10 cfs, 5 cfs, and 2 cfs respectively.
Construction work would involve installation of a concrete flared end section on the end of the concrete
pipe and placement of rip rap that will cover an area approximately 15’x8’. This will involve excavation
of roughly two feet of soil and installation of 6 inches of bedding material and then approximately 18
inches of 3 inch to 5 inch-riprap. SFCSD has offered to bury the riprap to eliminate the visual intrusion.
The impacted area would be seeded post-construction with a native seed mix approved by Natural
Areas.
Placing the culvert under Highway 392 on the east side of the SFCSD driveway also puts the culvert
closer to where the majority of the stormwater is coming from (primarily Fossil Creek NA and also
reduces the possibility of the driveway culvert plugging and stormwater inadvertently overtopping
Highway 392. Reducing that risk is seen as a benefit to Highway 392 and the downstream Natural
Areas property.
This option would improve stormwater management along Highway 392.
Page 140
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
In this concept, a 30’ drainage easement is proposed from the northern NAD border to Duck Lake. The
total proposed easement area is 3,250 square-feet (0.075 acres).
Natural Areas staff support the preferred alternative in part because it has the potential to bring more water
into Duck Lake. The Duck Lake basin is a very small, localized low-lying area with significant potential
nutrient inputs from adjacent farming and livestock production. Any additional water inputs into the system
from relatively nutrient-free locations would assist with decreasing nutrient concentrations within the
shallow body of water and would complement NAD management actions aimed at tying up phosphate in
the system.
Environmental Impact
Considering the preferred alternative (Alternative D), the overall impact to Fossil Creek NA would be
relatively minimal, with only a small amount of initial disturbance to the property when the outlet pipe and
riprap are installed in the Highway 392 ROW. The only visible component within the natural area’s
boundaries limits will be the proposed flared end section of the outlet pipe.
An ecological characteristics study was conducted. The project area contains Duck Lake, a pond waterfowl
used as a migration resting and mating area. The proposed project area does not support an extensive
population of native vegetation, although several native species are present. The CDOT right-of-way areas
are characterized by upland grassland species, including western wheatgrass (Pascopyrum smithii),
pigweed (Amaranthus spp.), and various annual weeds. In the wetland zone along the boundary of Duck
Lake, cattails (Typha spp.) and assorted sedges (Eleocharis spp.) predominate. Additionally, a solitary
rubber rabbitbrush (Ericameria nauseosa) was observed near the proposed outflow location for the new
stormflow path. A CODEX report indicates that documented occurrences of protected species have
occurred within 1 mile of the Project Area. According to the High Priority Habitat dataset and field
observations, the project is within a buffer for an eagle roost site associated with Fossil Creek Reservoir.
Stormwater runoff from the SFCSD site will be treated in an extended detention and water quality ponds
where the water will settle and slowly drain through an outlet structure before it enters the drainage swale
and culvert along Highway 392. The runoff from the Natural Area is treated as it flows through grass buffers
and the grass-lined drainage swale that runs on the north side of Highway 392.
Construction is anticipated to take two weeks, and its timing will be coordinated to minimize impact to
migrating waterfowl.
CITY FINANCIAL IMPACTS
Application fee $5,000.00
Mitigation Fee- $3,985/ac. @ 0.075 acres $3,985.00
Easement fee - $43,560/ac. x 0.075/ac. @ 50% of fair market value $3,086.00
The application fee and mitigation fee will be paid to the Natural Areas Department to support administrative
costs and land conservation efforts. The mitigation fee is set in the easement policy and provides a cost
per acre for mitigation with a minimum of one acre. Real Estate Services provided an in-house market
valuation to calculate the underlying fee value of the City property that was used as the basis for the
easement value.
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 5
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its May 14, 2025, meeting, the Land Conservation and Stewardship Board voted (8 -0) to recommend
that City Council approve the conveyance of the drainage easement, Alternative D, to South Fort Collins
Sanitation District.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Vicinity Map
2. Ordinance No. 101, 2025
Page 142
Item 11.
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Schools
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Attachment 4
Page 143
Item 11.
-1-
ORDINANCE NO. 101, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
DRAINAGE EASEMENT ON FOSSIL CREEK RESERVOIR
NATURAL AREA TO SOUTH FORT COLLINS SANITATION
DISTRICT
A. Fossil Creek Reservoir Natural Area (the “Property”) is located in southeast
Fort Collins near the I-25 and Highway 392 intersection. The Property was acquired in a
series of transactions between 1998 and 2017 in partnership with Larimer County. The
City and Larimer County share ownership of approximately 470 acres of the Property,
including the 116 acres that encompass Duck Lake. Each holds an undivided 50%
interest in the property rights to Duck Lake.
B. South Fort Collins Sanitation District (“SFCSD”) provides sanitary sewer
service to more than 60,000 customers in south Fort Collins, north Loveland and west
Timnath and Windsor. SFCSD owns a 17-acre property (the “SFCSD Property”)
immediately adjacent to the Property. The SFCSD Property contains SFCSD’s
administrative headquarters and water reclamation facility. Because SFCSD has
outgrown its current office space, SFCSD seeks to construct a 4,100 square foot
administration building with associated internal roadway and parking improvements,
utilities, drainage infrastructure (including a detention pond), and landscaped areas. In
addition, SFCSD proposes to construct turn lane improvements in conjunction with the
new administrative building to address traffic impacts and improve safety and site
circulation. These improvements are collectively referred to hereafter as the
“Improvements”. Larimer County Planning is requiring SFCSD to construct storm
drainage and water quality improvements as part of the site plan approval process for the
Improvements.
C. To allow for development of the Improvements, the City, through this
Ordinance, authorizes the conveyance of one drainage easement of 0.075 acres (the
“Easement Area”) on the Property. The form of the Easement Agreement granting the
Easement with its terms and conditions is shown on Exhibit A, attached hereto and
incorporated herein by this reference. The Board of County Commissioners is scheduled
to review the Easement on July 1, 2025. The Easement Area is described on Exhibit B to
the Easement Agreement.
D. The City has estimated the fair market value of the Easement is $3,086,
which will be charged to SFCSD; the City and County will evenly split this amount.
Consistent with the City of Fort Collins Natural Areas and Conserved Lands Easement
Policy, the City will also charge SFCSD a $5,000 application fee and a $3,985 mitigation
fee.
E. Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City, provided
Page 144
Item 11.
-2-
the City Council first finds, by ordinance, that such sale or other disposition is in the best
interests of the City.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council finds that granting the Easement on the terms and
conditions described herein is in the best interests of the City.
Section 2. That the City Council hereby authorizes the Mayor to execute the
Easement Agreement substantially in the form attached hereto as Exhibit A with such
modifications or additional terms and conditions as the City Manager, in consultation with
the City Attorney, determines are necessary or appropriate to protect the interests of the
City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A - Easement with Terms and Conditions
Page 145
Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 1 of 26
Form Version 2022
EASEMENT WITH TERMS AND CONDITIONS
Fossil Creek Reservoir Natural Area
Grantor A: City of Fort Collins, Colorado, a municipal corporation
Grantor A Signing Authority and Title: Jenni Arndt, Mayor
Grantor A Mailing Address: P.O. Box 580, Fort Collins, Colorado 80522
Grantor A Phone Number/Email: ______________________________
Grantor B: Board of County Commissioners of Larimer County, Colorado, a governmental
subdivision of the State of Colorado
Grantor B Signing Authority and Title: ________________________________
Grantor B Mailing Address: 200 West Oak Street, Fort Collins, CO 80521
Grantor B Phone Number/Email: ______________________________
Grantor A and Grantor B are collectively known as “Grantor”
Grantee: South Fort Collins Sanitation District
Grantee Signing Authority and Title: ________________________________
Grantee Mailing Address: 2560 E County Rd 32, Fort Collins, CO 80528
Grantee Phone Number/Email: _____________________________________
Easement Appurtenant to Grantee’s Property? ☒ Y ☐ N: If yes, see Exhibit C.
Effective Date: ___________________________
Easement Improvements: Stormwater outfall channel and flared end of culvert, as shown in the
Plans (also referred to herein as the “Improvements”)
Consideration: $3,086.00 easement fee and $3,985.00 mitigation fee = Total of $7,071.00
Special Restoration Requirements? ☒ Y ☐ N: If yes, see Exhibit D.
Exhibits [check all that apply]:
☒ Exhibit A – Grantor’s Property (number of pages): Three (3)
☒ Exhibit B – Easement Area (number of pages): Two (2)
☒ Exhibit C – Grantee’s Property (number of pages): Two (2)
☒ Exhibit D – Special Restoration Requirements (number of pages): One (1)
☒ Exhibit D-1– General Resource Protection Standards (number of pages): Nine (9)
☒ Exhibit E– Plans (number of pages): ____
All checked exhibits are attached and incorporated into this Deed by reference.
This EASEMENT WITH TERMS AND CONDITIONS (the “Deed”) is made and
entered into on the Effective Date by and between Grantor and Grantee.
1. Grantor’s Property. Grantor is the owner of that certain parcel of real property located
in Larimer County, Colorado, which is legally described on Exhibit A (the “Grantor’s Property”).
Page 146
Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 2 of 26
Form Version 2022
2. Grant of Easement – Consideration. For and in consideration of the covenants and
agreements herein set forth, the sum of the Consideration and other good and valuable
consideration, the receipt and adequacy of which Grantor acknowledges, Grantor grants, sells, and
conveys to Grantee, its successors and assigns, a perpetual, non-exclusive easement (the
“Easement”) on, over, under, and across the Grantor’s Property as described more fully on
Exhibit B, (the “Easement Area”), for the benefit of Grantee’s Property described more fully on
Exhibit C, if applicable, subject to the conditions and restrictions set forth below. The Easement
includes the right of ingress and egress to the Easement Area, and the right to install, maintain,
and use gates in all fences that cross the Easement Area now or in the future.
3. Purpose and Use of Easement. Grantee may use the Easement to install, access, operate,
maintain, repair, reconstruct, relocate, improve, enlarge, replace, inspect, and remove, at any time
and from time to time, the Easement Improvements, and for the temporary storage and staging of
materials and equipment. Grantor further grants to Grantee:
o The right of ingress to and egress from the Easement Area over and across Grantor’s
Property by means of any roads and lanes thereon , or as otherwise agreed in writing
by Grantor;
o The right to mark the location of the Easement Area by suitable markers set in the
ground; and
o The right to install temporary fencing and gates for security and safety purposes
during construction activities.
After initial installation of the Improvements, if Grantee wishes to relocate or replace the
Improvements with any other number or type of similar improvements, either in the original
location or at any alternate location or locations within the Easement Area, such improvements
must be generally consistent with the intended purposes of the Easement, and Grantee must give
Grantor advance notice of any change in the type, number or location of improvements and cannot
proceed until Grantor has provided its written consent, which shall not be unreasonably withheld
or delayed.
The parties agree that the Easement Improvements are accurately described in the Plans
which have been approved and accepted by each of the parties. The Plans, being the complete
plan set for the Easement Improvements, are the Exhibit E to this Conveyance, but, for purposes
of recordation and execution.
4. Grantor’s Rights in Easement Area.
A. Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein, including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within the Easement Areas.
B. Grantor may plant or maintain permanent trees, shrubs or other plant material in
the Easement Area provided that no such plantings may be planted directly over
the Grantee’s Improvements. Grantor may install or utilize signs or paths over the
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Easement Area, and may pave, surface in some other manner, or otherwise
improve the Easement Area as Grantor desires. Additionally, Grantor may install
permanent buildings or structures over the Easement Area; however, Grantor
agrees to remove such structures at its expense if reasonably required for Grantee’s
access to the Easement Area, and to assume all risk, repair, and maintenance if
any damage occurs to these permanent buildings and/or structures as a result of
Grantee’s reasonable use of or activities over or within the Easement Area.
5. Grantee’s Obligations Regarding Easement Areas.
A. All activities by the Grantee on the Easement Area, including access across
Grantor’s Property, must be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property, any
improvements thereon, and the Grantor’s intended purposes therefor. Access shall
be limited to the reasonable means necessary to provide access to the Easement
Area, and Grantee shall, to the extent reasonably practicable, use existing streets,
roads, or other similar facilities, including any Grantee owned property interests
adjoining the Easement Area, to avoid any unnecessary disruption of Grantor’s use
and possession of the Grantor’s Property. Access does not permit Grantee to use,
occupy, or traverse any portion of the Grantor’s Property not included within the
Easement Area by means of any heavy machinery, equipment, or vehicles, provided
that Grantee may seek to acquire a temporary construction easement from Grantor
to allow the same.
B. Grantee must maintain its Improvements in an entirely secure, safe and sanitary
condition, and repair the Improvements as necessary to ensure the Improvements
do not cause injury or damage to persons or property.
C. Grantee shall notify Grantor a minimum of one business day prior to performing
any construction, maintenance, repair, or other work on or within the Easement
Area and shall in advance of any non -emergency work submit a construction plan
and schedule to Grantor for approval, which approval shall not be unreasonably
delayed or withheld. Grantee may seek to acquire a Temporary Construction
Easement from Grantor if working on Grantor’s Property outside of the Easement
Area. Notwithstanding these notification requirements, in cases of emergency
repair, Grantee shall notify Grantor of the emergency and provide related
construction plans and schedules as soon as reasonably practicable.
D. In the event damage occurs from Grantee’s use of or activities over or within the
Easement Area or on Grantor’s Property, including but not limited to the
installation, maintenance, or operation of the Improvements within the Easement
Area, Grantee agrees to make such repairs or take such other action as may be
necessary to restore the Easement Area and Grantor’s Property to a condition
comparable to their condition prior to Grantee’s activities in the Easement Area,
including but not limited to the reseeding and replanting of any disturbed areas in
a manner reasonably satisfactory to the Grantor, and the provision of ongoing
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maintenance of any seeded or planted areas, correction of any subsidence, and
restoration of any other improvements or conditions impacted by Grantee’s
activities, until such time as any such repair and restoration is fully established and
stabilized. If applicable, Grantee shall comply with the special restoration
requirements on Exhibit D.
6. Maintenance of the Easement Area.
A. Grantor will maintain the surface of the Easement Area (except for the Easement
Improvements) in a sanitary condition in compliance with any applicable weed,
nuisance or other legal requirements; however, Grantor is not responsible for any
conditions directly caused by Grantee’s use and occupancy of the Easement Area.
B. Grantor will not deposit, or permit, or allow to be deposited, earth, rubbish, debris,
or any other substance or material, whether combustible or noncombustible,
on the Easement Area.
7. As-Built Drawings. Grantee will provide Grantor with as-built drawings accurately
depicting the location and nature of the Improvements constructed within the Easement Area no
later than thirty (30) days following completion of the Improvements, and no later than thirty (30)
days following a change in the type, number or location of the Improvements, as described in
Section 3.
8. Representations of Grantor. Grantor makes no representations or warranties as to lawful
ownership of Grantor’s Property.
9. Recordation. Grantee will record this Deed in the records of the Larimer County Clerk
and Recorder and furnish evidence of such recording to Grantor. This Deed will not be valid
until it is recorded. If this Deed has not been recorded with the Larimer County Clerk and
Recorder within ninety (90) days of the Effective Date, then this Deed will be null and void and
have no force and effect whatsoever, and the parties will be relieved of any remaining obligations
hereunder as of the date of such termination.
10. Abandonment. Should Grantee fail to construct the Improvements within five (5) years
from the date of this Deed, or should Grantee permanently discontinue maintaining and using the
Improvements within the Easement Area for a period of five (5) years, this shall constitute an
abandonment of the Easement, the Improvements and Grantee’s rights under this Deed, and the
Easement shall automatically terminate, and Grantee shall, at its own sole cost and expense,
remove all Improvements from the Easement Area, provided that Grantee shall consult with
Grantor in advance of any such removal, and Grantor shall be entitled to require Grantee to leave
some or all such Improvements in place. If Grantee removes the Improvements from the
Easement Area, Grantee shall carry out such removal consistent with the requirements set forth
in Section 5 and restore the Easement Area, at its sole cost and expense, to a condition comparable
to its condition just prior to Grantee’s removal activities. Grantee shall then execute and record
a termination or quitclaim to Grantor of the Easement.
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11. Indemnity and Insurance.
A. Grantee agrees to release and, unless Grantee is a governmental entity, indemnify
Grantor, its officers, agents, employees, representatives, successors and assigns
from and against all claims that may accrue to Grantee for personal injury, death
or property damage resulting from or arising out of Grantee's use of the Easement
Area or other activities on Grantor’s Property. To the extent permitted by law,
and without waiving any of the provision so the Colorado Governmental
Immunity Act, Grantee assumes responsibility, as between Grantor and Grantee,
for any liability to third parties arising out of Grantee’s use of the Easement Area
or other activities on Grantor’s Property, including but not limited to the
construction, installation, operation, repair, and maintenance of improvements
within the Easement Area, and for any actions or omissions by Grantee in violation
of this Deed.
B. Grantee shall procure, pay for, and keep in full force and effect during the term of
this Deed a comprehensive policy of general liability insurance covering the
Improvements and insuring Grantee in an amount not less than One Million
dollars ($1,000,000.00) covering bodily injury, including death to persons,
personal injury, and property damage liability arising out of a single occurrence.
Such coverage must include, without limitation, the insured’s liability for property
damage, bodily injuries, and death of persons in connection with Grantee’s
activities in the Easement Area or on Grantor’s Property, the operation,
maintenance, or use of the Improvements (including acts or omissions of Grantee
or of its officers, employees, or agents), and protection against liability for non-
owned and hired automobiles. Such coverage must also include coverage for such
other risks as are customarily required by private institutional mortgage lenders
with regard to property similar in construction, location, and use as the
Improvements. All policies of insurance required hereunder must name Grantor
as an additional insured and shall contain a provision that the policy or policies
cannot be canceled or materially altered either by the insured or the insurance
company until fifteen (15) days’ prior written notice thereof is given to Grantor.
Upon issuance or renewal of any such insurance policy, Grantee shall furnish a
certificate of insurance to Grantor. In the event Grantee fails or neglects to
maintain, or require its contractor to procure and maintain, as applicable, the
insurance required by this paragraph, then Grantor shall have the right, upon
giving Grantee reasonable notice of its election to do so, to take out and maintain
such insurance at the expense of Grantee, and in such event the cost of such
insurance shall be paid for by Grantee promptly upon receipt of an invoice
covering such charges.
12. Notices. Any notice or other communication relating to this Deed must be in writing and
shall be deemed given (i) when delivered personally, or (ii) on the first business day which is
three (3) days following mailing by certified mail, electronic mail, return receipt requested and
postage prepaid, or (iii) the next business day after sending by a nationally recognized overnight
delivery service, and addressed to the party at its respective address on the first page of this Deed.
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13. Default, Remedies and Litigation Expenses. If a party to this Deed is in default in
performance of its respective obligations hereunder, the other party has the right to an action for
specific performance or damages or both. Prior to proceeding with any such action, the party not
in default must first send written notice to the defaulting party specifying the default and affording
such party a reasonable period to cure the default. In the event a party defaults in any of its
covenants or obligations and the party not in default commences and substantially prevails in any
legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay
all reasonable expenses of the litigation, including a reasonable sum for attorneys' fees or similar
costs of legal representation.
14. Assignment. Intentionally omitted.
15. Additional Terms and Conditions. Whenever used herein, the singular number includes
the plural, the plural the singular, and the use of any gender is applicable to all genders. All the
covenants herein contained are binding upon and inure to the benefit of the parties hereto, their
personal representatives, successors, and assigns. This Deed is to be construed and enforced
according to the laws of Colorado, and venue in any proceeding related to this Deed shall be in
Larimer County, Colorado. If any term of this Deed is determined by any court to be
unenforceable, the other terms of this Deed shall nonetheless remain in full force and effect;
provided, however, that if the severance of any such provision materially alters the rights or
obligations of the parties, the parties shall engage in good faith negotiations in order to adopt
mutually agreeable amendments to this Deed as may be necessary to restore the parties as closely
as possible to the initially agreed upon relative rights and obligations.
16. Authority. Each person executing this Deed represents and warrants that he or she is
duly authorized to execute this Deed in his or her individual or representative capacity as
indicated.
IN WITNESS WHEREOF, Grantee has hereunder set its hand and seal the day and year
written below; and Grantor has caused this Deed to be executed by its Mayor, attested to by its
City Clerk, and its corporate seal to be hereunto affixed, all pursuant to Ordinance No.
_________2025, passed on final reading by the City Council of the City of Fort Collins on the
______ day of ____________, 2025.
[Signatures on following pages
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GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
_____________________
Date Jeni Arndt, Mayor
ATTEST:
City Clerk
_______________________
(Printed name)
APPROVED AS TO FORM:
________________________
Assistant City Attorney
________________________
(Printed name)
STATE OF COLORADO )
)ss
COUNTY OF _____________)
The foregoing instrument was acknowledged before me this day of___________,
, by , as Mayor of the City of Fort Collins. Witness my hand
and official seal.
My Commission expires:
Notary Public
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ACCEPTED BY GRANTEE:
South Fort Collins Sanitation District
Date Grantee Signing Authority and Title
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EXHIBIT A
Legal Description of the Grantor’s Property
Page 1 of 3
Tract 1
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EXHIBIT A
Legal Description of the Grantor’s Property continued
Page 2 of 3
Tract 2
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EXHIBIT A
Legal Description of the Grantor’s Property continued
Page 3 of 3
Tract 3
Tract 4
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EXHIBIT B
Legal Description and Depiction of the Easement Area
Page 1 of 2
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EXHIBIT B – continued
Legal Description and Depiction of the Easement Area
Page 2 of 2
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Exhibit C
Legal Description and Depiction of Grantee’s Property
Page 1 of 2
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Exhibit C continued
Legal Description and Depiction of Grantee’s Property
Page 2 of 2
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Exhibit D
Special Restoration/Mitigation and Monitoring Requirements
All Grantee’s activities on the Easement Areas, and any access across the Grantor’s Property, must
be carried out in a manner and on a schedule reasonably expected to minimize disturbance to the natural
features of the Grantor’s Property and the Grantor’s use thereof. If damage results from the maintenance,
operation or presence of the Facilities, or Grantee’s activities on the Easement Areas or elsewhere on the
Grantor’s Property, Grantee will make such repairs or take such other action as may be necessary to restore
the Grantor’s Property to a condition reasonably comparable to its prior condition, including without
limitation the provision of ongoing maintenance of any seeded or planted areas, correction of any
subsidence, and restoration of any other improvements or conditions impacted by Grantee’s activities, until
such time as any such repair and restoration is fully established and stabilized. Such restoration shall be
completed in accordance with the Grantor’s then-current specifications for comparable work on City of
Fort Collins natural areas. For the purpose of the initial installation of the Facilities, Grantee agrees to rely
on the Grantor’s applicable Resource Protection Standards (RPS) to specify current standards for activities
undertaken in City of Fort Collins Natural Areas, a copy of which is attached as Exhibit “D-1” and
incorporated herein by reference. The parties acknowledge that sensitive vegetation, habitat or other natural
conditions may require special effort by Grantee to protect, restore, or replace in the event they are disturbed
by Grantee’s activities.
Following final grading and initial seeding of the Easement Areas after initial reconstruction of the
Facilities, Grantee must seek the issuance of a Certificate of Conditional Acceptance from the Grantor.
Upon such issuance, the Grantor will assume responsibility for ongoing vegetation management, including
weed control, mowing, and reseeding, as needed, in areas disturbed by said reconstruction and seeded in
accordance with RPS and the provisions of this Agreement. The current one-time charge for the Grantor
to assume and perform said vegetation management for initial installation of the Improvements is $3,985.00
per acre of disturbance. The Grantor may from time to time, at its sole discretion, revise this estimated cost
to reflect then current estimates for vegetation management costs, and such updated estimate will be the
applicable charge for vegetation management in connection with future disturbance of the Easement Area,
if any. In accordance with this requirement, Grantee will compensate the Grantor in the amount of
$3,985.00, due upon the Grantor’s issuance of a Certificate of Conditional Acceptance for the final grading
and initial seeding. This one-time vegetation management cost is in addition to the consideration stated
above for the conveyance of the Easements.
Grantee will from time to time consult with the Grantor to ascertain applicable standards for
identification of wildlife species and wildlife habitat on the Grantor’s Property, and, except for emergencies
shall conform its maintenance and other activities on the Easement Areas to the then current City of Fort
Collins standards for identification and protection of the same. Grantee is responsible for obtaining from
the Grantor’s Natural Areas Department any permits required by the City Code for wildlife monitoring
activities.
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Exhibit D-1
General Resource Protection Standards
Updated March 2020
Introduction
This document lists the various resource protection standards that may be required as conditions of
granting an easement, license to enter, or right-of-way (collectively referred to in this document as
“easements”) on City Natural Areas and other conserved lands, in order to protect or restore natural
resource values. These measures are consistent with the requirements in the City Land Use Code for
Ecological Characterization Studies and for Resource Protection associated with development projects.
The measures will be evaluated for each easement request and applied as needed, depending on the site
location, characteristics of the site, and on the nature of the easement.
The applicable resource protection standards will be specifically included in the terms of the easement
agreement. They must also be included as notes on the approved construction plans for the easement
request. The easement holder (“Grantee”) must provide these standards to all contractors who will be
doing work for the Grantee within the easement area. The City may also attach some or all of these
requirements as an addendum to the Grantee’s Development Agreement, if applicable.
These resource protection standards are current as of March 2020. They may be updated from time to
time by the Natural Areas Department based on new information about the resources of the City’s natural
areas or on new information about best management practices. Applicants must contact the Natural
Resources Department for a current list of standards.
The Grantee is responsible for completing, or requiring all its contractors and sub-contractors to complete,
each of the following conditions that the City determines is applicable to the Grantee’s project:
Plans and Permits
Prior to starting any construction on the Project:
1. Submit final plans to the City and ensure that they have been approved and signed on behalf of
the City. Confirm that all permanent and temporary easements have been approved by City
Council and that the easement documents have been signed by both parties and recorded at the
County Clerk’s Office. Plans must include: 1’-2’ contours; property lines with adjoining property
ownership shown; all wetlands; streams; ditches; riparian areas; prairie dog colonies; raptor nests
and raptor nests buffer zones; all existing and proposed man-made structures; all existing utilities;
all needed easements for access, construction staging areas, and construction (limits of
disturbance); construction plans and profiles; restoration plans; and general notes stating all
construction and restoration requirements.
2. Obtain a City Excavation Permit.
3. Perform field investigations and surveys to determine the presence and location of sensitive plants
or animal species and geological or archeological features.
4. Develop an erosion control plan. This plan must comply with the City’s Storm Drainage Design
Criteria and Construction Standards. Ensure that the erosion control plan has been approved and
signed by the City.
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5. Contact the Corps of Engineers to obtain a 404 permit and/or clearance of the project. Submit two
copies of the permit, or the letter of clearance from the Corps, to the City.
6. Conduct a Preble’s meadow jumping mouse survey according to U.S. Fish and Wildlife Service
guidelines. Submit two copies of the report and letter of clearance from the U.S. Fish and Wildlife
Service to the City.
7. Conduct a Ute ladies’ tresses orchid survey according to U.S. Fish and Wildlife Service
guidelines. Submit two copies of the report and letter of clearance from the U.S. Fish and Wildlife
Service to the City.
Construction Coordination and Project Acceptance
8. Arrange for the City’s designated representative to attend the pre-construction meeting to meet
the contractors, discuss the importance of the resource protection requirements, discuss and
approve the construction schedule and establish lines of communication to be used during
construction.
9. Maintain ongoing communication with the City’s representative during construction to
communicate progress, changes in schedule, problems, and periodic inspections.
10. Once the project has been completed, arrange for the City’s representative to inspect the project
site to verify that the project was completed, and the site restored according to the applicable
plans and agreements. Once the City accepts the restoration work, the City will generally take
over the vegetation maintenance, per the specific terms of the easement agreement.
11. Provide the City with Drawings of Record within sixty (60) days after the completion of the
improvements.
Wildlife
12. Raptors: Survey the site to determine if any of the following species are present and check with
the City for information on possible nesting, feeding or roosting sites.
a. All construction falling within raptor nest buffer zones will adhere to construction
requirements for these zones.
b. If the site is used as a winter-feeding area by large birds of prey, construction cannot take
place from October 15 through March 15 to avoid disturbing feeding eagles and large
hawks, unless otherwise directed by the City.
c. If a bald eagle and/or ferruginous hawk winter night roost is located near the proposed
easement, construction cannot take place from October 15 through March 15 to avoid
disturbing night-roosting eagles and/or hawks.
d. If a Swainson’s hawk nest is located near the proposed easement, construction cannot take
place from April 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
e. If a red-tailed hawk nest is located near the proposed easement, construction cannot take
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place from March 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
f. If burrowing owls are nesting within 330 feet of the limits of development, construction
cannot take place from April 1 through August 1 to avoid disrupting the nesting cycle of
the owls.
13. If construction will be taking place in or through an area that contains or may contain prairie
dogs, either relocate the prairie dogs or fumigate the burrows immediately prior to any grading.
Relocation of Prairie dogs between February 1 and August 1 is not permitted. Burrowing owl
survey required prior to fumigation. Proof of prairie dog eradication required prior to grading.
14. Perform the wildlife surveys described below, notify the City of the survey results and obtain
approval of construction schedule prior to starting construction. These surveys may be done
several months prior to construction, but if done more than 30 days prior to construction they
must be performed again within 30 days prior to the start of construction to verify results.
a. The site may contain den sites for red foxes. Conduct surveys to determine if any foxes
are denning within 100 feet of the limits of development. If foxes are found to be denning
within 100 feet, then construction cannot take place during the normal denning and pup-
rearing season (February 1 through October 1).
b. The site may contain den sites for coyotes. Conduct surveys to determine if any coyotes
are denning within 300 feet of the limits of development. If coyotes are found to be
denning within 300 feet, then construction cannot take place during the normal denning
and pup-rearing season (February 1 through October 1).
c. The site may contain den sites for badgers. Conduct surveys to determine if any badgers
are denning within 300 feet of the limits of development. If badgers are found to be
denning within 300 feet, then construction cannot take place during the normal denning
and young-rearing season (January 1 through August 1).
Plants
15. The site may contain plant species listed as rare in Colorado. If a rare plant is discovered prior to
or during construction activities, notify the City. The City may, in its discretion, require the
Grantee to remove all such plants within the limits of disturbance prior to construction, keep
plants alive and replant after construction is completed, or the City may salvage existing plants
and shrubs for transplanting to other sites.
16. The site may contain native shrubs and/or trees that may be within the limits of development.
Any native shrubs/trees removed to allow construction or damaged during construction must be
replaced or mitigated as approved by city staff and detailed in the mitigation plan.
Structures
17. Remove, store, protect and replace any man-made structures (e.g., kiosks, raptor perch poles,
prairie dog barriers and fencing) within the limits of disturbance.
18. Repair any damage to concrete bike trails, fences, parking lots, or any other improvements caused
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directly or indirectly by the construction. Repair/replace improvements immediately to current
City standards, including matching the color of the concrete.
Field Demarcation
19. Install orange construction fencing to mark the easement limits (limits of disturbance) on the site.
Do not begin any construction activities until the City’s representative has approved the fence
location.
20. Post temporary signs informing the public that this is the Grantee’s project and indicating the
purpose of the project and the Grantee’s phone number. Signs must be posted at the locations
designated by the City.
Erosion Control
21. Have erosion control measures in place and approved by a City representative prior to any
construction.
22. Obtain erosion control and de-watering permits as necessary.
Grading/Construction
23. Required documentation that equipment has been washed/disinfected prior to arriving on site to
prevent the spread of noxious species.
24. For areas with native vegetation, strip topsoil in all areas of excavation to a depth of 8 inches and
stockpile separately. Wetland and upland soils must be stockpiled separately from each other.
Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone immediately
following the completion of construction.
25. For areas with non-native vegetation, strip the top 2 inches of topsoil from the entire construction
easement area and remove the topsoil from the site to remove the non- native vegetation seed
source. Then strip 8 inches of topsoil from the area to be excavated and stockpile separately.
Wetland and upland soils must be stockpiled separately from each other. Place the topsoil in an
8-inch layer on top of the subsoil in the corresponding zone immediately following the
completion of construction.
26. Maintain a safe work area and protect the safety and welfare of Grantee’s employees, contractors
or subcontractors, and the general public, including without limitation providing barricades and
safety fences around excavations and drop-offs left open at the end of a workday. Safety
precautions must be in compliance with all applicable laws, rules and regulations.
27. Compact backfill in trenches to 95% Standard Proctor Density. Test the compacted soils at 100’
intervals horizontally and 2’ intervals vertically within the area of excavation to ensure that this
requirement has been met. Submit to the City all laboratory Proctor density results, and a copy of
all field compaction tests. After compaction to final subgrade (8” below finished grade), the top 6
inches of subsoil must be ripped (no more than 20” between intervals), and the previously
stripped and stockpiled topsoil materials spread evenly over the excavated areas. Soils in
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backfilled, compacted, topsoil trenches must match the grade of the surrounding undisturbed
areas.
28. Set all manhole covers, valve lids, vaults, etc. below or flush with the finished topsoil surface. If
any improvements are approved for construction above the final grade, they must be painted with
a color approved by the City.
29. Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil.
This soil must be compacted to 95% Standard Proctor Density to prevent settlement.
30. Remove the upper sections of all existing manholes to be retained, but that are not flush with the
finished topsoil surface and rebuild to be flush with the topsoil surface.
31. Bring to grade (match surrounding topography) all settled and eroded areas along the existing
pipeline, if any, to be abandoned during construction of the new pipeline. Repair any settlement
that occurs over the existing pipeline or new pipelines after completion and acceptance of the
project by the City. Any necessary repairs must be conducted in a manner and at a time directed
by the City. Repaired areas must be restored as per restoration requirements outlined in this
document or in the easement agreement.
32. Areas within the limits of disturbance that have been driven over, compacted or rutted by
equipment must be scarified to a depth of 8” (not to exceed 10” between intervals), and regraded
to original grade and contours.
33. Meet with the City’s representative to discuss and get approval of the final grading and the
seeding/mulching process prior to reseeding. Seed all disturbed and topsoiled areas with a seed
mix of native species specified by the City. The seed must be drilled into the soil an appropriate
depth for the species in the mix and existing conditions, using a range drill (not a Brillion).
Immediately following seeding, roll the seeded areas with a sheep’s foot roller to lightly compact
and imprint the soil. This removes air voids, provides better seed-soil contact and provides
indentions in the soil that will capture moisture. All seeded areas must then be hydro-mulched in
accordance with the City’s Storm Drainage Design Criteria and Construction Standards.
Following final grading and initial seeding of the Construction Easement Area and acceptance by
the City, the City will be responsible for ongoing restoration management, including weed
control, mowing, and reseeding, as needed, in areas disturbed and seeded in accordance with this
paragraph. The cost for the City to perform restoration management over the next five to ten
years is calculated to be three thousand nine hundred eighty-five dollars ($3,985.00) per acre of
disturbance, or $3,985 for disturbed areas less than 1-acre, based on grassland/shrubland cover
types. Restoration management fees will be determined on a case-by-case basis for other cover
types.
Any requirements listed above that are not completed in a timely manner may be corrected by the City at
the Grantee’s expense. The City will bill the Grantee for the cost of the correction plus management costs.
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Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 22 of 26
Form Version 2022
Standards and Guidelines for Restoration
Updated March 2020
PART 1 – GENERAL
1.1 DESCRIPTION
This section covers the requirements for the revegetation of utility easements on City Natural Areas and
Open Lands. This includes but is not necessarily limited to upland and wetland soil stockpiling,
preparation, and placement, soil amendments, seeding, mulching, sediment and erosion control fabrics,
watering and initial care, and final inspection and acceptance by the City. This section addresses all
areas disturbed during the work shown or indicated in the executed utility easement documents and
approved project plans.
1.2 PROJECT MONITORING
The recipient of the utility easement (Grantee) shall notify the Natural Areas Department (NAD) at least
three (3) working days prior to the commencement of any work. NAD will monitor the progress of the
work throughout. NAD will also, at its discretion, collect samples during construction of seed, soil
additives, water, or any other materials it deems necessary to ensure specifications are met.
1.3 SUBMITTALS
General - The Grantee shall be required to submit statements of guarantee and/or certifications from
vendors who supply seed, mulches, tackifiers, and any soil amendments or other materials utilized on the
project. These submittals are detailed in Part 2 – Materials.
Required Soils Testing – The Grantee shall, if requested by NAD, sample project soils and submit them for
analysis to a qualified soil testing laboratory prior to the start of any seeding operations. As least one soil
sample per project soil type must be collected. The location of soil samples shall be jointly determined by the
Grantee and NAD. Soil Samples shall be analyzed for the following minimum parameters:
1. pH
2. % Organic Matter
3. Texture (actual % sand, silt, clay, not an estimate)
4. CEC (Contaminants of Emerging Concern)
5. Nitrate, Phosphorous, Potassium, Zinc, Iron, Copper, and Manganese (results in ppm)
The laboratory shall be informed of the species proposed to be planted and the general nature of the
project. Based on this information, the laboratory shall provide written recommendations for soil
amendments. This report shall be submitted to NAD, where it will be reviewed and approved or
modified prior to any soil preparation or seeding.
1.4 GRANTEE’S SITE RESPONSIBILITIES
It shall be the responsibility of the Grantee to locate and protect all utilities, structures, roadways,
parking areas, fences, survey markers, existing vegetation (e.g. trees), etc. on all work sites. Any damage
caused by the Grantee or their subcontractors shall be immediately repaired or corrected by the Grantee
at no expense to the City of Fort Collins.
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Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 23 of 26
Form Version 2022
1.5 CLEANING
All work sites shall be kept clean and free from all debris. At the conclusion of work, the Grantee
shall remove and haul from the site all excess materials, debris, and equipment. Any damage (e.g.
damaged fencing, damaged road surfaces, excessive tire furrows, mud tracked onto pavement,
etc.) resulting from the Grantee’s activities shall be repaired by the Grantee to the satisfaction of
NAD at no expense to the City of Fort Collins.
1.6 INSPECTION; ACCEPTANCE
Initial inspection – The Grantee shall give the NAD three (3) working days written notice
prior to the beginning of any revegetation work. The Grantee and NAD will inspect the site and
verify that all utility work has been completed in accordance with specifications, including but
not limited to backfill and compaction, final site grading, replacement of topsoil, removal of all
construction materials, and site cleanup. When this has been verified, NAD will notify the
Grantee in writing that revegetation work may begin.
Conditional Acceptance - When work has been completed on the project or on any portion or
phase of the project designated in the documents and plans, the Grantee and NAD shall inspect
the site together and determine whether or not the work is complete and has been done in
accordance with easement documents and specifications. If mutual agreement cannot be
reached on these issues, the determinations made by NAD shall be final. Deficiencies in the
work, if any, shall be noted and a checklist of these deficiencies given to the Grantee by NAD.
The Grantee shall immediately correct any deficiencies listed on the checklist. When all
checklist items are completed to the satisfaction of NAD, NAD shall issue a Certificate of
Conditional Acceptance.
Final Inspection & Final Approval
The Grantee shall pay the City of Fort Collins Natural Area Department a lump sum of $3,985
per acre disturbed, or $3,985 for disturbances less than 1-acre, prior to signing and recording
the easement. Once the initial restoration is completed the Grantee is issued a conditional letter
of acceptance as defined above, the City will assume maintenance responsibility for the
revegetated area. This acceptance DOES NOT relieve the Grantee from the warranty of the
work as defined below in the Warranty paragraph.
Warranty
The Grantee shall warrant all seeded areas against defective materials and workmanship for two
growing seasons from the date of Conditional Acceptance. At any time during the warranty
period, NAD may order any samples collected at the time of seeding to be tested for purity,
weed content, species present, etc. The Grantee shall be responsible for the cost of these tests.
The Grantee shall rework and reseed (in accordance with the provisions in the original project
specifications) any areas that are dead, diseased, contain too many weedy species, or in the
opinion of NAD are in an unhealthy condition as a result of defective materials or
workmanship, at no cost to the City. Any and all reseeding or other remedial measures required
shall be completed within ten days of notification by NAD.
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Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 24 of 26
Form Version 2022
PART 2. MATERIALS
2.1 GENERAL
All materials used shall be new and without flaws or defects of any type and shall be the best of
their class and kind. All materials furnished shall be free of noxious weeds as defined in Article
III, Section 20-41 of the Code of the City of Fort Collins, including but not limited to Russian
Knapweed, Canada Thistle, Field Bindweed, Johnsongrass, Leafy Spurge, and Kochia. Any
materials which have become wet, moldy, or otherwise damaged in transit or in storage will not
be used.
All materials shall be furnished in original manufacturers shipping bags or containers and
remain in these bags or containers until they are used. All materials shall be stored in a manner
which will prevent contact with precipitation, surface water, or any other contaminating
substance.
2.2 SEED
The seed mix will be specified by NAD. All seed shall be mixed by a wholesale seed supplier in
the proportions determined by NAD in order to obtain the application rate specified by NAD.
All seed shall conform to all current State and Federal regulations and will be subject to the
testing provisions of the Association of Official Seed Analysis. All seed and seed mixes shall
be furnished in bags or containers clearly labeled to show the name and address of the supplier,
the common, scientific, and variety name(s) of the seed(s), the lot number, point of origin, net
weight, percent of weed content, and the guaranteed percentage of purity and germination.
These labels shall be submitted to NAD for approval prior to seeding. The Grantee shall furnish to
NAD a signed statement certifying that the seed furnished is from a lot that has been tested by a
recognized laboratory for seed testing within six months prior to the date of delivery.
2.3 FERTILIZER
Fertilizers are not permitted.
2.4 MULCH
General - The type of mulching material to be used shall be designated by NAD.
Hay or Straw Mulch - All hay or straw mulch shall be grass hay or straw. At least seventy-
five (75%) percent of the mulch by weight shall be ten (10”) inches or more in length. Mulch
shall not contain any noxious weed, must, mold, cake, or decay. All mulch must be certified,
copies of certification to be submitted to NAD for approval prior to transport to the
construction site.
Native Grass Hay Mulch – At least seventy-five (75%) of the mulch by weight shall be ten
(10”) inches or more in length. Native grass hay mulch shall be certified, copies of the
certification to be submitted to NAD for approval prior to transport to the construction site.
Hydraulic Mulch - Hydromulch material shall consist of at least ninety (90%) percent virgin
wood cellulose fiber and be free of any substance or factor which might inhibit germination or
growth of grass seed. The wood cellulose fibers shall have the property of becoming evenly
dispersed and suspended when agitated in water. Hydraulic mulch shall be clean and shall not
contain the seeds of noxious weeds or unspecified grasses. It shall be dyed a color to allow
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Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 25 of 26
Form Version 2022
visual metering of its application. When sprayed uniformly on the surface of the soil, the fibers
shall from a blotter-like ground cover which readily absorbs water and allows infiltration to the
underlying soil. Weight specifications for hydraulic mulch from suppliers and for all
applications shall refer only to air dry weight of the fiber, a standard equivalent to ten (10%)
percent moisture. The hydraulic mulch material shall be supplied in packages having a gross
weight not in excess of one hundred (100 lbs.) pounds and shall be marked by the manufacturer
to show the air-dry weight content.
The Grantee shall obtain and submit to the project manager certifications from suppliers of
hydraulic mulch that laboratory and field testing of their product has been accomplished, and
that it meets all the foregoing requirements pertaining to wood cellulose fiber mulch.
2.5 ORGANIC TACKIFIER/BINDER
Tackifier, if needed for hydro mulching operations, shall be approved by NAD prior to its use.
Tackifier shall be an approved commercial grade product (such as "M-Binder" from Ecology
Controls, P.O. Box 1275, Carpinteria, CA 93013) suitable for use with virgin wood cellulose
fiber mulch. Any tackifier shall be a non-toxic, non-corrosive, all organic powder which forms
a resilient, re-wetable membrane when combined with wood fiber mulches and water. Tackifier
materials shall be furnished in original manufacturer’s bags or containers clearly labeled to
show the name and address of the supplier, and the material chemical contents. Labels and
certificates shall be submitted to NAD
2.6 EROSION CONTROL NETTING, BLANKETS, MATS, FABRICS
Erosion control blankets, mats, or other commercial products for stabilizing land disturbed areas
may be required in certain areas. If so, the type, manufacturer, and installation method for these
products will be specified by NAD.
2.7 WATER
All water used on projects under this Contract shall be free of any substances harmful to plant
germination and growth, or to the environment in general. The Grantee shall be responsible for
furnishing and applying water which meets these requirements. NAD may, at the Grantee’s
expense, submit samples of water used on any project for laboratory analysis (of a reasonable
number and kind) to ensure the quality of the water.
Page 170
Item 11.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 26 of 26
Form Version 2022
EXHIBIT E
Plans
To be replaced with copy of plans
Page 171
Item 11.
File Attachments for Item:
12. First Reading of Ordinance No. 102, 2025, Authorizing the Conveyance of One
Drainage Easement and One Temporary Construction Easement on Golden Meadows
Park.
This item has been amended to include the Utility Plan Sheet.
The purpose of this item is to authorize the conveyance of one (1) Temporary Construction
Easement of 0.0474 acres (the “TCE”) and one (1) Drainage Easement of 0.0168 acres (the
“DE”) (the “Easements”), being a portion of City property presently known as Golden Meadows
Park, for the construction and installation of stormwater outfall infrastructure improvements.
Page 172
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
June 17, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Raime Lanham, Real Estate Specialist
Jonathan Piefer, Lead Real Estate Specialist
Missy Nelson, Sr Technical Project Manager
SUBJECT
First Reading of Ordinance No. 102, 2025, Authorizing the Conveyance of One Drainage Easement
and One Temporary Construction Easement on Golden Meadows Park.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of one (1) Temporary Construction Easement of
0.0474 acres (the “TCE”) and one (1) Drainage Easement of 0.0168 acres (the “DE”) (the “Easements”),
being a portion of City property presently known as Golden Meadows Park, for the construction and
installation of stormwater outfall infrastructure improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A portion of the land now used for Golden Meadows Park (the “Park”) was acquired by the City to be used
by the Parks Department. It was conveyed to the City by Golden Meadows Business Park in that certain
Warranty Deed dated December 20, 1978, recorded at Reception No. 285189, Clerk and Recorder’s
Records, Larimer County, Colorado.
The owners and developers of a planned pickleball facility located immediately south of the Park (the
“Pickleball Facility”), 4401 Innovation Drive L.L.C. (“Innovation”) and Kederike, LLC (“Kederike”), propose
to install an 18-inch stormwater outfall pipe (and related improvements) within the Easements to transport
treated stormwater - collected in a water quality chamber on the proposed Pickleball facility site - into the
existing drainage swale and then into the detention pond located within the Park (“Golden Meadows Pond”).
The existing drainage swale currently manages untreated stormwater runoff from the surrounding area and
conveys it east along the southern boundary of the Park into Golden Meadows Pond.
The proposed 18-inch stormwater outfall pipe will be installed using open trench methods. The upper 6
inches of existing vegetation will be carefully removed, preserved, and restored upon completion of
construction activities. The new stormwater outfall pipe will maintain a minimum vertical clearance of 18
inches above existing utilities.
There are no City-owned trees within the DE, but existing willow shrubs will be restored with willow plugs.
The trees at the perimeter of the TCE will not be impacted. The trees located on the Pickleball Facility will
be pruned prior to construction and protected with fencing to prevent damage during construction. This has
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
been verified by City Forestry staff during the site visit. Any landscaping within the Easements that is
damaged and not designated for removal shall be replaced as part of the project. No hazardous materials,
including fuels or lubricants, shall be stored within the Easements.
Alternative Location Analysis
The proposed discharge location is consistent with the site's natural drainage patterns, where stormwater
runoff currently flows northward toward Golden Meadows Park. Given the site's topography and the
requirement to convey stormwater to the Golden Meadows Pond, discharge to the north represents the
only practical option. The site naturally drains from south to north, making southern discharge unviable.
Similarly, the adjacent property to the west also drains northward, meaning any western discharge would
ultimately require routing through Golden Meadows Park. Discharge to the east is not feasible due to
vertical constraints and the inability to adequately treat stormwater on-site in that direction.
CITY FINANCIAL IMPACTS
Aside from staff time, there is no cost to the City associated with the TCE or DE. Innovation will reimburse
the City for the cost of staff time related to this matter. Additionally, City Staff estimates the fair market
value of the Easements to total $901, being itemized as follows (the “Property Values”):
1) Drainage Easement – $695; and
2) Temporary Construction Easement – $206.
The Property Values for the Easements will be charged to Innovation upon execution and delivery of the
conveyance documents.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The current existing policy is to notify the Parks and Recreation Advisory Board on upcoming projects
impacting existing Parks and Trails, large and impactful land purchases, sales, or policies, because the
duties of Parks and Recreation Board relate to “rules, regulations, policies and administrative and
budgetary matters”. This Agenda item for two easements was evaluated to show minimal or no impact on
the underlying uses of Golden Meadows Park because the easements are located on the edge of the park
in an existing drainage swale. When City staff deem easements on Parks properties to have a minimal
impact on the underlying property’s purpose and function, it has not been a part of our typical practice to
bring to the Board. However, the Board was updated at the meeting held on May 28, 2025.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Utility Plan Sheet
2. Ordinance No. 102, 2025
Page 174
Item 12.
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Utility Plan Sheet
Page 175
Item 12.
-1-
ORDINANCE NO. 102, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF ONE DRAINAGE
EASEMENT AND ONE TEMPORARY CONSTRUCTION
EASEMENT ON GOLDEN MEADOWS PARK
A. About one quarter mile north of Harmony Road, located at 4324 McMurray
Avenue, lies the City’s Golden Meadows Park (the “Property”).
B. Two companies, 4401 Innovation Drive L.L.C. and Kederike, LLC, own a
parcel of land to the south of the Property, more particularly described as 4401 Innovation
Commercial Condominiums (the “Southern Parcel”). The companies propose to install an
18-inch stormwater outfall pipe across the Property for the purpose of conveying
stormwater runoff first into a stormwater apparatus on the Property and then into a City
stormwater pond. The Property and the City stormwater pond are shown in Exhibit A,
which is attached hereto. A description of the Southern Parcel is included in Exhibit B,
which is attached hereto.
C. To allow for the installation of the 18-inch stormwater outfall pipe across the
Property, the City, through this Ordinance, authorizes the conveyance of one drainage
easement of 0.0168 acres (the “DE”) and one temporary construction easement of 0.0474
acres (the “TCE”) (together, the “Easements”) to benefit the Southern Parcel. The form
of the DE is attached hereto as Exhibit C. The form of the TCE is attached hereto as
Exhibit D.
D. The area and location of the land encumbered by the DE are described in
Exhibit B to the form of DE attached as Exhibit C.
E. The area and location of the land encumbered by the TCE are described in
Exhibit B to the form of TCE attached as Exhibit D.
F. The proposed discharge location is consistent with the Southern Parcel’s
natural drainage patterns, where stormwater runoff curren tly flows northward toward the
Property. Given the Southern Parcel’s topography and the stormwater requirement to
convey stormwater to the City’s stormwater pond to the east of the Property, discharge
to the north across the Property represents the only practical option.
G. The City has estimated the fair market value of the DE is $695. The City
has estimated the fair market value of the TCE is $206. The City will convey the
Easements for fair market value.
H. Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City, provided
the City Council first finds, by ordinance, that such sale or other disposition is in the best
interests of the City.
Page 176
Item 12.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council finds that granting the Easements on the terms and
conditions described herein and as shown in Exhibit C and Exhibit D is in the best
interests of the City.
Section 2. The City Council hereby authorizes the Mayor to execute the
Easement substantially in the form attached hereto as Exhibit C and the Temporary
Construction Easement substantially in the form attached hereto as Exhibit D, with such
modifications or additional terms and conditions as the City Manager, in consultation with
the City Attorney, determines are necessary or appropriate to protect the interests of the
City or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A - Property Map
Exhibit B - Southern Parcel Description
Exhibit C - Drainage Easement
Exhibit D - Temporary Construction Easement
Page 177
Item 12.
EXHIBIT A TO ORDINANCE NO. 102, 2025
Page 178
Item 12.
Description:
4.88 acres, more or less, located in the Southeast Quarter (SE/4) of Section 31, T7N, R68W, 6th
PM, Larimer County, Colorado, being more particularly described as all of the lands described in
the Condominium Map recorded April 14, 2025, at Reception No. 20250015271, Clerk and
Recorder’s Records, Larimer County, Colorado.
Location Address:
4401 Innovation Dr.
Fort Collins, Colorado 80525
Assessor Parcel Number(s):
8731408019
Map:
EXHIBIT B TO ORDINANCE NO. 102, 2025
The Southern Parcel
Page 179
Item 12.
1
PERMANENT EASEMENT
(City Property)
Grantor: City of Fort Collins, Colorado, a municipal corporation
Grantor Signing Authority and Title: Jenni Arndt, Mayor
Grantor Mailing Address: Real Estate Services, P.O. Box 580, Fort Collins, Colorado 80522
Grantor Phone Number/Email: 970-221-6211 / RealEstateServices@fcgov.com
Grantee: 4401 Innovation Dr L.L.C and Kederike, LLC
Grantee Signing Authority and Title: Neil Bellefeuille, Partner
Grantee Mailing Address: 4401 Innovation Dr, Fort Collins, CO 80525
Grantee Phone Number/Email: 970.889.4700
/ neil@zerozerotwo.pro
Effective Date: July 1, 2025
Consideration: $695.00
Easement Improvements: Drainage Improvements, including one (1) eighteen (18) inch storm
pipe, buried rip-rap, and related restoration
Easement Appurtenant to Grantee’s Property? ☒ Y ☐ N: If so, see Exhibit C
Special Restoration Requirements? ☐ Y ☒ N: If yes, see Exhibit D.
Exhibits [check all that apply]:
☒Exhibit A – Grantor’s Property (number of pages): 1
☒Exhibit B – Easement Area (number of pages): 2
☒Exhibit C – Grantee’s Property (number of pages): 1
☐Exhibit D – Special Restoration Requirements (number of pages):
All checked exhibits are attached and incorporated into this Conveyance by reference.
This PERMANENT EASEMENT (the “Conveyance”) is made and entered into on the
Effective Date by and between Grantor and Grantee.
1.Grantor’s Property. Grantor is the owner of that certain parcel of real property located
in Larimer County, Colorado, which is legally described on Exhibit A (the “Grantor’s Property”).
Grant of Easement – Consideration. For and in consideration of the covenants and agreements
herein set forth, the sum of the Consideration and other good and valuable consideration, the
receipt and adequacy of which Grantor acknowledges, Grantor grants, sells, and conveys to
Grantee, its successors and assigns, a perpetual, non-exclusive easement (the “Easement”) on,
over, under, and across the Grantor’s Property as described more fully on Exhibit B, (the
“Easement Area”), for the benefit of Grantee’s Property, which is described in Exhibit C,
attached hereto. The Easement includes the right of vehicular and pedestrian ingress and egress
to the Easement Area, and the right to install, maintain, and use gates in all fences that cross the
Easement Area now or in the future.
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 180
Item 12.
2
2.Purpose and Use of Easement. Grantee may use the Easement to install, access, operate,
maintain, repair, reconstruct, relocate, improve, enlarge, replace, inspect, and remove, at any time
and from time to time, the Easement Improvements, and for the temporary storage and staging of
materials and equipment. Grantor further grants to Grantee:
o The right of ingress to and egress from the Easement Area over and across Grantor’s
Property by means of any roads and lanes thereon, or as otherwise agreed in writing
by Grantor;
o The right to mark the location of the Easement Area by suitable markers set in the
ground;
o The right to install temporary fencing and gates for security and safety purposes
during construction activities.
After initial installation of the Improvements, if Grantee wishes to relocate or replace the
Improvements with any other number or type of similar improvements, either in the original
location or at any alternate location or locations within the Easement Area, such improvements
must be generally consistent with the intended purposes of the Easement, and Grantee must give
Grantor advance notice of any change in the type, number or location of improvements and cannot
proceed until Grantor has provided its written consent, which shall not be unreasonably withheld
or delayed.
3.Grantor’s Rights in Easement Area.
A.Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein, including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within the Easement Area.
B.Grantor may plant or maintain permanent trees, shrubs or other plant material in
the Easement Area provided that no such plantings may be planted directly over
the Easement Improvements. Grantor may install or utilize signs or paths over the
Easement Area, and may pave, surface in some other manner, or otherwise
improve the Easement Area as Grantor desires. Additionally, Grantor may install
permanent buildings or structures over the Easement Area; however, Grantor
agrees to remove such structures at its expense if reasonably required for Grantee’s
access to the Easement Area, and to assume all risk, repair, and maintenance if
any damage occurs to these permanent buildings and/or structures as a result of
Grantee’s use of or activities over or within the Easement Area.
4.Grantee’s Obligations Regarding Easement Areas.
A.All activities by the Grantee on the Easement Area, including access across
Grantor’s Property, must be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property, any
improvements thereon, and the Grantor’s intended purposes therefor.
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 181
Item 12.