HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 07/01/2025Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, July 1, 2025
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
NOTICE:
Regular meetings of the City Council are held on the 1st and 3rd Tuesdays of each month
in the City Council Chambers. Meetings are conducted in a hybrid format, with a Zoom
webinar in addition to the in person meeting in Council Chambers.
City Council members may participate in this meeting via electronic means pursuant to
their adopted policies and protocol.
How to view this Meeting:
Meetings are open to the public
and can be attended in person
by anyone.
Meetings are available through
the Zoom platform,
electronically or by phone.
Meetings are televised live
on Channels 14 & 881 on cable
television.
Meetings are livestreamed on
the City's website, fcgov.com/fctv
Upon request, the City of Fort Collins will provide language access services for individuals who have
limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access
City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
Meeting agendas, minutes, an
Meeting agendas, minutes, and archived videos are available on the City's meeting portal at
There are in person and remote options for members of the public who
would like to participate in Council meetings:
Comment in real time:
During the public comment portion of the meeting and discussion items:
In person attendees can address the Council in the Chambers.
The public can join the Zoom webinar and comment from the remote
meeting, joining online or via phone.
All speakers are required to sign up to speak using the online sign up
system available at www.fcgov.com/agendas.
Staff is also available outside of Chambers prior to meetings to assist with
the sign up process for in person attendees.
Full instructions for online participation are available at fcgov.com/councilcomments.
Join the online meeting using the link in this agenda to log in on an internet-enabled
smartphone, laptop or computer with a speaker and microphone. Using earphones with a
microphone will greatly improve audio experience.
To be recognized to speak during public participation portions of the meeting, click the 'Raise
Hand' button.
Participate via phone using this call in number and meeting ID:
Call in number: 720 928 9299
Meeting ID: 982 4141 6497
During public participation opportunities in the meeting, press *9 to indicate a desire to speak.
Submit written comments:
Email comments about any item on the agenda
to cityleaders@fcgov.com
Written comments can be mailed or dropped off at the City Manager's Office
at City Hall, at 300 Laporte Ave, Fort Collins, CO 80521
Documents to Share during public participation: Persons wishing to display presentation materials using
the City’s display equipment under the Public Participation portion of a meeting or during discussion of any
Council item must provide any such materials to the City Clerk in a form or format readily usable on the
City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the
materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the
item will be considered. See Council Rules of Conduct in Meetings for details.
City of Fort Collins Page 1 of 10 City Council Summary Agenda
City Council
Regular Meeting Agenda
July 1, 2025 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Month of July 2025 as Park and Recreation Month.
PP 2. Declaring the Month of July 2025 as Disability Pride Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
Page 1
City of Fort Collins Page 2 of 10
• 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 17, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the June 17, 2025 Regular meeting.
2. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant (CDBG) and HOME Investment Partnership (HOME) Program Funds.
A. Second Reading of Ordinance No. 097, 2025, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 098, 2025, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant Fund.
Page 2
City of Fort Collins Page 3 of 10
C. Second Reading of Ordinance No. 099, 2025, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant American Rescue Plan Act Fund.
These Ordinances, unanimously adopted on First Reading on June 17, 2025, 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.
3. Second Reading of Ordinance No. 100, 2025, Updating Various Provisions of the Code of
the City of Fort Collins Related to Affordable Housing.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, conforms the
definitions relating to affordable housing in the City Code to those in the Land Use Code, removes
language for a program that was repealed, and removes the requirement of a specific fee amount
when requesting affordable housing fee delays.
4. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, authorizes 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.
5. Second Reading of Ordinance No. 102, 2025, Authorizing the Conveyance of One Drainage
Easement and One Temporary Construction Easement on Golden Meadows Park.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, authorizes 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.
6. Second Reading of Ordinance No. 103, 2025, Vacating Alley Right-of-Way in the Ghent
Subdivision Subject to Conditions.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, vacates 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.
7. Second Reading of Ordinance No. 104, 2025, Correcting an Error in Ordinance No. 046,
2023, Regarding Financial Disclosure Requirements by Deleting Obsolete Section 2-638.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, deletes language that
was inadvertently left in place with the adoption of Ordinance No. 046, 2023, which enacted
updated requirements for financial disclosures.
Page 3
City of Fort Collins Page 4 of 10
8. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, enables 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 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 appropriate $765,616 in RCE Program grant
funds to the Project.
9. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, amends 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.
Ordinance No. 106, 2025 and Ordinance No. 107, 2025 were presented together on first
reading. However, Ordinance No. 106, 2025, will be considered under the Consent Calendar
section of the Agenda, and Ordinance No. 107, 2025, due to a split vote on first reading, is
to be considered under the Discussion section of the Agenda.
10. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, sets ballot language
regarding a proposed amendment to the City Charter resulting from the Charter Update Project
and submits 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. Updates were
made on First Reading to clarify that any person, whether appointed or elected to fill a
vacancy on the Council, is considered to have served a term in that office for purposes of
applying the term limit if they serve in total more than one-half of the term of office, unless
the partial term was served before 2026.
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.
11. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, finalizes the Charter
Amendments to be placed on the November 4, 2025, ballot and sets the preferred order for them.
Page 4
City of Fort Collins Page 5 of 10
12. First Reading of Ordinance No. 110, 2025, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services.
The purpose of this item is to request an appropriation of $134,447 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
13. First Reading of Ordinance No. 111, 2025, Appropriating Prior Year Reserves to Support
the Gardens on Spring Creek Master Plan, Strategic Plan, and Interpretive Plan.
The purpose of this item is to consider an appropriation of $150,000 from Gardens on Spring
Creek reserves to engage consultant(s) who will facilitate development of a Master Plan, Strategic
Plan, and Interpretive Plan.
14. First Reading of Ordinance No. 112, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Safe Routes to School Zach Elementary
School Project.
The purpose of this item is to provide a supplemental appropriation to the Safe Routes to School
(SRTS) Zach Elementary School Project (Project). Poudre School District (PSD) contributed
$25,000 to the Project and this contribution was incorrectly appropriated in Ordinance No. 144,
2023. If approved, this item will correct this error and correctly appropriate the $25,000 PSD
contribution to the Project. No new funding will be appropriated to the Project. As no new funding
is being appropriated, there is no proposed additional contribution to the Art in Public Places
(APP) program.
15. First Reading of Ordinance No. 113, 2025, Approving a Collateral Assignment of a Lease
at the Northern Colorado Regional Airport.
The purpose of this item is to request Council approval of a Collateral Assignment of Lease
(“Assignment”) involving CO Fire Aviation Leasing, Inc., the cities of Loveland and Fort Collins
(the “Cities”), and FMS Bank. The Assignment allows CO Fire Aviation Leasing, Inc. (the
“Sublessee”) to assign its leasehold interest as security for a $920,000 loan from FMS Bank (the
“Lender”).
The underlying ground lease permits such assignments with the consent of the Cities. The
Assignment, attached to proposed Ordinance No. 113, 2025, will serve as the Cities’
acknowledgement of the assignment and provide the Lender rights to receive notice of any
Sublessee default, to cure such defaults, and request a new lease of the Sublease is terminated.
16. First Reading of Ordinance No. 114, 2025 Authorizing the Conveyance of a Permanent
Access Easement to Josh and Dusti Sanger Across City Property on Trilby Road.
The purpose of this item is to authorize conveyance of a permanent access easement to Josh
and Dusti Sanger on approximately 0.5 acres of Coyote Ridge Natural Area. The Sangers own
a 5-acre residential inholding (2887 W. Trilby Road) within the natural area. Domestic water
infrastructure (a cistern and electric pump) that exists on the adjacent natural area pre-dates the
City’s ownership and provides water to the Sangers’ residence. The access easement is intended
to formally document the Sangers’ access to the existing cistern and electric pump on the Natural
Area and require the Sangers to use the easement in accordance with City parameters.
Page 5
City of Fort Collins Page 6 of 10
17. First Reading of Ordinance No. 115, 2025, Vacating the City's Property Rights in a Railroad
Easement at 3842 Redman Drive, Fort Collins.
The purpose of this item is to review and potentially recommend the vacation of the City’s rights
in an unused and unusable railroad easement on the Super Vacuum Manufacturing Inc./Bonfire,
LLC (Super Vac) property at 3842 Redman Drive.
18. First Reading of Ordinance No. 116, 2025, Extending the Terms of a Non-Exclusive
Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its
Successors and Assigns for the Right to Make Reasonable Use of, and Erect, Construct,
Operate and Maintain Through, the Public Rights-of-Way, Easements and other Public
Property any Equipment Necessary and Appurtenant to the Operation and Maintenance of
a Cable System and the Provision of Cable Services to City Residents.
The purpose of this item is to request an extension to the terms of the current cable franchise
agreement which expires on July 31, 2025. Staff is in current negotiations with Comcast
representatives and in the best interests of both parties, recommend this extension so that
negotiations can continue. The extension will run through October 31, 2025.
19. Resolution 2025-067 Updating the 2013 Paved Recreational Trails Master Plan and
Renaming it the 2025 Strategic Trails Plan.
The purpose of this item is to approve the 2025 Strategic Trails Plan (STP). The completion of
this plan involved a 14-month planning process comprised of three distinct project phases.
This Agenda Item Summary shares the following high-level details of plan development and
provides an overview of next steps as the project team moves into the implementation phase.
1. Plan purpose, overarching goals, and council priority alignment
2. Key community engagement themes
3. The proposed trails map and related items:
- Guiding principles used to develop 60 miles of proposed trails
- Project prioritization criteria
- Trail development timeline and costs
- Trail safety strategy
4. Additional completed deliverables
5. Next Steps – STP Implementation
Since the January 14, 2025, Work Session, staff has been working to finalize the Strategic Trails
Plan incorporating community feedback from on-line and in-person engagement, draft plan review
and input from City boards, including the Parks and Recreation Advisory Board, Senior Advisory
Board, Active Modes Advisory Board, and the Land Conservation and Stewardship Board.
Collectively, this input as part of the third and final phase of community engagement has resulted
in several refinements to the Strategic Trails Plan, including proposed trail and plan language
adjustments and further development of discrete recommendations.
Beginning July 2025, staff will move forward on initiating the predevelopment phases for northeast
and western trail alignments, including two spur trail projects. Staff will also pursue several near-
Page 6
City of Fort Collins Page 7 of 10
term plan recommendations, including the development of a FoCo Trails Program and
administrative environmental review policy for trail development.
20. Resolution 2025-068 Approving the 2025 Certification to the Larimer County Assessor
Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown
Development Authority Property Tax Increment.
The purpose of this item is to certify to the Larimer County Assessor the percentages of property
tax distributions to be allocated for the Downtown Development Authority by the Assessor as tax
increment from the 2025 property taxes payable in 2026 to the City and to all other affected taxing
entities.
21. Resolution 2025-069 Making Appointments to the Downtown Development Authority
Board.
The purpose of this item is to fill vacancies that will exist as of June 30, 2025.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
22. Public Hearing and Resolution 2025-059 Approving a First Amendment to the Amended
and Restated Service Plan for Foothills Metropolitan District.
Staff is requesting that Council make the following motion to continue the public hearing
and postpone consideration of this Resolution to allow the applicant additional tim e to
draft and finalize details concerning the dedication of affordable housing in the related
Page 7
City of Fort Collins Page 8 of 10
item Resolution 2025-060, Approving the Development Agreement to Secure Public
Benefits for the Foothills Mall Redevelopment.
Motion: “I move to continue the public hearing and postpone consideration of Resolution 2025-
059, Approving a First Amendment to the Amended and Restated Service Plan for Foothills
Metropolitan District, to July 15, 2025.”
Per the City’s Financial Management Policy 10 – Metro Districts (the “Policy”), authorized by
Resolution 2021-045, the procedures for conducting a hearing on metropolitan district service
plan or plan amendment will be in accordance with the Council’s adopted procedures and Section
3.K. of the Policy, which sets the order of the proceedings on such a public hearing as follows:
1. Announcement of item;
2. Consideration of any procedural issues;
3. Explanation of the application by City staff;
4. Presentation by the applicant;
5. Public testimony regarding the application;
6. Rebuttal testimony by the applicant;
7. Councilmember questions of City staff and the applicant; and
8. Motion, discussion and vote by City Council.
In 2012, the District was organized to redevelop the then existing Foothills Mall (approval of the
formation of the District and its original Service Plan by City Council was by Resolution 2012-
084). Council approved the current Amended and Restated Service Plan for the Foothills
Metropolitan District (the “District”) on May 7, 2013 (Resolution 2013-044).
Since the District’s formation and redevelopment, some of the planned activation has been
successful. However, several factors have affected the commercial leasing of all property, which
has impacted the revenues dedicated for debt service payment. To address the underperforming
aspects, MXD Fort Collins, LLC (the “Current Developer”) is currently designing a new
redevelopment plan. The First Amendment supports this new approach to redevelopment by:
1. Increasing the maximum amount of debt the District can have outstanding.
2. Extending the length of the debt the District is allowed to incur and clarifying refunding.
3. Making other changes to ensure consistency with the new redevelopment plan.
The First Amendment expands the list of eligible improvements but does not expand the list of
eligible improvements for which the City or the Fort Collins Urban Renewal Authority (the
“Authority”) are obligated to participate in or contribute revenues to finance. This item is related
to another item on the agenda, Resolution 2025-060, Approving a Development Agreement to
Secure Public Benefits for Foothills Mall Redevelopment, which, if adopted, would approve a
Public Benefits Agreement that would be effective upon the effective date of this Resolution 2025-
059.
Page 8
City of Fort Collins Page 9 of 10
23. Resolution 2025-060 Approving the Development Agreement to Secure Public Benefits for
the Foothills Mall Redevelopment.
Staff is requesting that Council make the following motion to postpone consideration of
this Resolution to allow the applicant additional time to draft and finalize details relating
to the dedication of affordable housing in the Public Benefits Agreement.
Motion: “I move to postpone consideration of Resolution 2025-060, Approving the Development
Agreement to Secure Public Benefits for the Foothills Mall Redevelopment, to July 15, 2025.”
The purpose of this item is to seek approval of a Development Agreement to Secure Public
Benefits for Foothills Mall Redevelopment. This item is related to another item on the agenda,
Resolution 2025-059 Approving a First Amendment to the Amended and Restated Service Plan
for Foothills Metropolitan District.
24. Second 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.
This Ordinance, adopted on First Reading on June 17, 2025 by 4-3 (Nays: Ohlson, Gutowsky,
Potyondy), amends the City Code to allow existing Non-Primary Short Term Rentals licenses to
be renewed.
On second reading, Council will have two options. The first option is the original language which
allows for transfer of license upon sale. The second option removes the ability to transfer upon
sale.
To most effectively address the unintended concentration of Non-Primary Short-Term Rentals in
this zone, staff recommends adoption of the second option.
Beyond Council action, staff will continue to review and update policies and fee structures related
to STRs. Any actions or recommendations will be provided through memo update.
Ordinance No. 106, 2025 and Ordinance No. 107, 2025 were presented together on first
reading. However, Ordinance No. 106, 2025, will be considered under the Consent Calendar
section of the Agenda, and Ordinance No. 107, 2025, due to a split vote on first reading, is
to be considered under the Discussion section of the Agenda.
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.)
OB 2. Consideration of a motion to cancel the Tuesday, August 5, 2025, Regular Council
meeting:
“I move, pursuant to City Code Section 2-28(a), that Council cancel its regular meeting on
Tuesday, August 5, 2025, due to Neighborhood Night Out."
Page 9
City of Fort Collins Page 10 of 10
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
Page 10
File Attachments for Item:
PP 1. Declaring the Month of July 2025 as Park and Recreation Month.
Page 11
PROCLAMATION
WHEREAS, parks and recreation is an integral part of communities throughout this
country, including Fort Collins; and
WHEREAS, parks and recreation promotes health and wellness, improving physical and
mental health of people who live near parks; and
WHEREAS, parks and recreation promotes time spent in nature, which positively impacts
mental health by increasing cognitive performance and well-being, and alleviating illnesses such
as depression, attention deficit disorders, and Alzheimer’s; and
WHEREAS, parks and recreation encourages physical activities by providing space for
popular sports, hiking trails, swimming pools and many other activities designed to promote active
lifestyles; and
WHEREAS, park and recreation programming and education activities, such as camps,
swimming, youth sports, and out of school time programming are critical to childhood
development; and
WHEREAS, parks and recreation increases a community’s economic prosperity through
increased property values, expansion of the local tax base, increased tourism, the attraction and
retention of businesses, and crime reduction; and
WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our
communities resilient in the face of natural disasters and climate change and is fundamental to the
environmental well-being of our community; and
WHEREAS, the City of Fort Collins recognizes the benefits derived from parks and
recreation resources.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do
hereby recognize July 2025, as
PARK AND RECREATION MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of July, 2025.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Page 12
Item PP 1.
File Attachments for Item:
PP 2. Declaring the Month of July 2025 as Disability Pride Month.
Page 13
PROCLAMATION
WHEREAS, July is recognized as Disability Pride Month, a time to celebrate the history,
achievements, contributions, and resilience of individuals with disabilities, and to promote
inclusion, acceptance, and understanding of disability as a natural part of human diversity; and
WHEREAS, people with disabilities are valued members of the community, whose unique
perspectives, talents, and experiences enrich our city and contribute to our collective progress; and
WHEREAS, Disability Pride Month offers an opportunity to recognize and honor the
diverse accomplishments of individuals with disabilities in Fort Collins across all sectors,
including education, employment, arts, sports, science, and community advocacy; and
WHEREAS, the City of Fort Collins is committed to fostering an inclusive and accessible
community for all its residents, acknowledging the ongoing barriers that can be faced by
individuals with disabilities, and working to eliminate these to ensure equal opportunities; and
WHEREAS, it is essential to continue fostering a society in Fort Collins that embraces
disability as an integral and valued part of human diversity, ensuring all individuals are treated
with dignity, respect, and equality; and
WHEREAS, the City of Fort Collins appreciates the efforts of activists, organizations, and
advocates who work tirelessly to advance the rights, independence, and well -being of individuals
with disabilities, contributing to a more inclusive and accessible Fort Collins for all; and
WHEREAS, the City of Fort Collins promotes the Disability Advisory Board as a
collaborative body dedicated to advising Council on matters that enhance the quality of life for
individuals with disabilities, promoting accessibility, equity, and inclusion in the community.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do
hereby proclaim the month of July 2025, as
DISABILITY PRIDE MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 1st day of July, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Page 14
Item PP 2.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the June 17, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the June 17, 2025 Regular meeting.
Page 15
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the June 17, 2025 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the June 17, 2025 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, June 17, 2025
Page 16
Item 1.
City of Fort Collins City Council Proceedings Page 266
June 17, 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 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 was held in the City Hall Xeriscape Garden from 4:00 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
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
Deputy City Manager Tyler Marr
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
Page 17
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 267
E) CITY MANAGER'S AGENDA REVIEW
Deputy City Manager Tyler Marr provided an overview of the agenda, including:
Utility plan sheet added to the agenda item summary for Item No. 12, First Reading of
Ordinance No. 102, 2025, Authorizing the Conveyance of One Drainage Easement and One
Temporary Construction Easement on Golden Meadows Park.
Community Report from the Youth Advisory Board.
Item 1-17 on the Consent Calendar are recommended for adoption.
Four Discussion Agenda items.
F) COMMUNITY REPORTS - Community Report: Youth Advisory Board
The purpose of this item is for the Youth Advisory Board to provide a Community Report.
Kelly Dubois, Senior Supervisor, Recreation, introduced Youth Advisory Board Members and briefly
discussed the projects the Board took on during the past year. Youth members shared information on their
accomplishments over the past year, including the Stop the Bleed project, working to add shared E-bike
and E-scooter pods at high schools, branding the Youth Advisory Board to help with future recruitment,
and attending the National League of Cities conference.
Councilmember Potyondy thanked the Board Members for their presentation. She noted she is the Council
liaison for this Board and is proud of the work it has done. She stated it has been fun to learn about their
accomlishments, as well as their challenges. She stated this is the beginning of the leadership journey for
each member represented.
Mayor Arndt thanked the Board Members for their commitment and service.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Angela Benson, Food Bank of Larimer County, thanked Council for its support and shared statistics
about Food Bank services. She stated the CDBG grant will help them provide groceries for 16,000
residents for a year. She shared stories of community members the Food Bank helped with today.
Katie Dockery commended the City’s commitment to supporting affordable housing and essential
community services through CDBG and other grants. She suggested the funds could be stretched
further by updating the distribution approach. She expressed concern the same organizations receive
funding year after year, which limits the number of different ways the City can reach the community.
She stated it seems the current system rewards consistency over fairness and suggested policy
changes to limit each organization to one HUD funding source per year, to cap the number of
consecutive years an organization can receive direct City funding without reassessment, and to create
priority scoring criteria for first-time applicants and historically underfunded services.
Chloe Elizabeth Williams noted she is a 66-year-old at-risk disabled adult who lives at a Housing
Catalyst property. She asked Council how it is okay for her to be raped because of how she dresses,
which she stated two Housing Catalyst employees said about her. She noted this happened four
years ago and she has been bullied, retaliated against, silenced, and threatened with eviction since.
She stated Council is responsible since they provide funding and requested help. She stated she has
reached out to Colorado Legal Services but cannot afford to hire an attorney. She asked Council to
hold Housing Catalyst accountable for what has happened and to stop what is happening against her.
Page 18
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 268
Patricia Babbit stated it seems to be a waste of breath to speak up at Council meetings unless the
statement is in alignment with what most Councilmembers have already decided, which is frequently
not representative of a large number of residents who deserve to be heard. She expressed concern
that Council may institute term limits that would prevent Councilmember Gutowsky from running for
Council again. Additionally, she stated the District 6 Council seat would be appointed rather than voted
upon should Mayor Pro Tem Francis win the mayoral election. She also commented on incomplete
maps that were used in a recent Transfort community meeting and the Civic Assembly process.
Seth James Forwood expressed gratitude for the funding that supported the Fort Collins Rescue
Mission seasonal overflow shelter. He noted the 70 beds in that shelter may not be enough going
forward given instances wherein men were turned away due to a lack of space. He stated 24/7
sheltering is a way to not just address life-threatening needs, but to also have transformation in
homelessness. He urged the City to help provide funding for 24/7 shelter.
Jack Armstrong stated he and his wife had a short-term rental (STR) in which their daughter was living,
and at that time, Council was considering regulations on STR’s. He stated he received a call from
Airbnb urging him and others to oppose regulations of STR’s. He also stated non-primary STR’s are
not valid rentals as they take a residence and turn it into a commodity that simply exists to make
money. Additionally, non-primary STR’s are taking housing away from community families. He
supported restrictions on new non-primary STR’s in Old Town North and stated existing non-primary
STR licenses should not be transferred when the property is sold.
Jen Bray, Open Stage Theater, and stated they are wrapping their 52nd season and provided some
statistics related to ticket sales, which she stated accounts for only 40% of the annual budget; the rest
depends on grants, sponsors, and donors, and those sources are shrinking. She stated the Fort Fund
grant was cut in half this year and noted Colorado ranks 46th in the nation in per capita arts funding.
She commented on shifting priorities at the federal level and stated arts leaders across Northern
Colorado are coming together to explore sustainable local funding. She requested Fort Collins take
the lead in this space and commented on Denver’s Scientific and Cultural Facilities District.
Adam Chrobak stated he recently moved to Fort Collins from Texas to serve as the new Executive
Director of Canyon Concert Ballet. He stated that when he came to visit Fort Collins, it felt like a city
that supports the arts; however, he stated some previously promised funding has not materialized. He
stated Canyon Concert Ballet is one of the largest revenue producing arts organizations in Fort Collins,
employing nearly 100 people and supporting local businesses. He stated that while the demand for
entertainment is growing, the capacity to deliver is becoming strained due to limited access to
affordable and available performance space which is often being held for non-local acts, rising costs,
and the challenge of retaining professional talent. He requested the City prioritize policies and
partnerships that support the growth and sustainability of the local arts scene.
Lori Warren, Crossroads Safehouse, thanked the City for funding received for domestic violence and
homelessness. She thanked the City for continuing to prioritize this funding that helps the organization
provide services and continue to innovate in this space.
Public comment concluded at 6:43 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Potyondy thanked the speakers and noted funding is tight and there are many
community organizations that rely on grant funding. She noted there are many critical partners and
recognized that this can be a tough financial lift for all.
Councilmember Canonico echoed Councilmember Potyondy’s comments. She asked what
emergency measures are in place for the upcoming extremely hot weather. Deputy City Manager
Page 19
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 269
Marr replied there is a protocol for extreme heat days and he will provide information to Council and
the community this week.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
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.
Approved.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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
Page 20
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 270
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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 21
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 271
Adopted on Second Reading.
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.
All Ordinances Adopted on First Reading.
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.
Adopted on First Reading.
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.
Adopted on First Reading.
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.
Adopted on First Reading.
Page 22
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 272
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.
Adopted on First Reading.
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.
Adopted on First Reading.
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
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.
Resolution Adopted.
Ordinance Adopted on First Reading.
Page 23
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 273
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.
Adopted.
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.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-17 on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
None.
L) STAFF REPORTS – None.
M) COUNCILMEMBER REPORTS
Councilmember Tricia Canonico:
Participated in a ride along with Police Services Hope Team.
Councilmember Susan Gutowsky:
Thanked the Sheriff for extending the opportunity to tour the jail facility and meet the staff,
Claudia Menendez offers a monthly opportunity for members of the Spanish-speaking community
to meet
Attended the annual Town and Gown Conference at Kent University in Ohio
Page 24
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 274
Councilmember Kelly Ohlson
Commended the City’s plant exchange and Eco-Fair last Saturday
Held a listening session
Mayor Jeni Arndt
Attended the American Public Power Association meeting with Deputy City Manager Marr
Commended Police Chief Swoboda on the Chief’s Leadership Conference
Councilmember Melanie Potyondy
Council received several emails thanking Police Services for assisting with the No Kings march
over the weekend
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
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/
PUBLIC PARTICIPATION
Joe Rowan thanked Council for taking extra time between readings for additional staff work. He
asked Council to consider that the City has a system that works well, and he did not think anything
needed to change related to appeals. He requested Council adopt option 3 of the Ordinance
which would keep appeals with the Building Review Commission.
Page 25
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 275
Councilmember Pignataro thanked staff for the documentation and asked if there are issues with
the current appeals process from staff’s perspective. Shawn McGaffin, Poudre Fire Authority
Division Chief, replied there are no issues with what has been done; however, Larimer County
will no longer support the appeals process, therefore a new program was needed that would work
for all three of PFA’s jurisdictions. However, he stated PFA does not have a preference if the Fort
Collins appeals process stays the same, though that would mean there will be different processes
for the three jurisdictions.
Councilmember Pignataro asked how often appeals happen. Division Chief McGaffin replied
there have been two in the last 15 years.
Mayor Pro Tem Francis stated her recommendation is to approve option 3 of the Ordinance noting
the Building Review Commission also recommended that and the process has worked well the
two times it was needed.
Mayor Arndt concurred with Mayor Pro Tem Francis and appreciated PFA’s streamlining efforts,
but stated she would prefer Fort Collins retain the right of appeal for its codes.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
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, option three, on Second Reading.
The motion carried 7-0.
Clerk’s Note: Mayor Arndt called for a break at 7:00 p.m., noting the meeting would resume
at 7:10 p.m.
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.
STAFF PRESENTATION
Ginny Sawyer, Senior Policy and Project Manager, introduced the item.
Noah Beals, Development Review Manager, stated this item involves a proposed change to the
Land Use Code to remove non-primary short-term rentals (STR’s) as a licensed use in the
Community Commercial North College (CCN) zone district. Additionally, there would be a change
to the Municipal Code to allow existing licenses in the CCN zone the ability to be renewed and
transferred provided the license has not lapsed.
Beals provided a history of the short-term rental regulations which were established in 2017,
noting the goal was to balance the desire to allow STR’s while limiting the impact on residential
neighborhoods. The regulations established two types of rentals: primary STR’s in which the
owner resides on the property for at least nine months of the year, and non-primary STR's in
Page 26
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 276
which the property owner is not required to reside on the lot. Beals noted the decision on where
to allow the two types of licenses was based on the list of permitted uses in each zone district.
For example, bed and breakfast uses require an on-site manager, which was found to be similar
to a primary STR; therefore, zone districts that allowed bed and breakfast uses were given the
opportunity to apply for primary STR licenses. Zone districts that allowed hotels were given the
opportunity to apply for non-primary STR licenses.
Beals noted the CCN zone district is in two areas of the city, one around the King Soopers on
North College which has no existing STR licenses. The second area includes the Old Town North
neighborhood, and the zone was designed to allow commercial uses that are supportive of nearby
residential uses and does allow for hotels; therefore, when the regulations were developed in
2017, the zone allowed both primary and non-primary STR’s. Since 2017, the Old Town North
neighborhood developed mostly into residential uses with over 300 dwelling units and one mixed-
use building. It has become one of the only predominantly residential neighborhoods that allow
non-primary STR licenses.
Beals discussed the number of STR licenses and complaints received in Old Town North as
compared to another neighborhood near downtown. He noted 35% of the city’s non-primary
STR’s are in Old Town North.
Beals outlined the proposed change to the Land Use Code which would remove the license review
type for short-term, non-primary rentals in the CCN zone. Additionally, the proposed changes to
the Municipal Code include new language making the existing licenses for non-primary STR’s in
the CCN zone non-conforming. Beals stated the Municipal Code changes would allow existing
non-primary licenses to be renewed and transferred.
Beals discussed the input received on the change from the Planning and Zoning Commission and
noted the Commission ultimately recommended approval of the proposed changes in a split vote.
Additionally, he noted the number of STR licenses has increased since that meeting with 103 total
STR licenses in Old Town North, 96 of which are non-primary. Beals stated the proposed
changes would eliminate any new licenses from being issued and the approach reduces further
potential impacts while protecting the investment of current license holders.
PUBLIC PARTICIPATION
Harry Derderian, 508 Osiander Street, expressed support for the proposed changes with the
caveat that there be a moratorium on transferability to a new buyer. He added that many of the
new licenses that have been sought as owners believe having the license will increase the value
of their home.
Taylor Scott addressed interconnected issues with STR saturation, including failing infrastructure,
and public safety that are degrading the Old Town North neighborhood. He stated many homes
are vacant during the week and host parties on the weekends, and any STR, no matter how well
managed, is not a substitute for a neighbor and essentially functions as a hotel. He commented
on City-maintained alleys in the neighborhood falling into disrepair and stated the lack of a marked
crosswalk on Vine to get to the Whitewater Park constitutes a serious and daily danger for
pedestrians and cyclists. He stated the City has overlooked the needs of the residents of Old
Town North and the broader North College community for some time. He urged Council to support
the changes with an amendment to make current STR licenses non-transferable as nothing will
change without that amendment.
Blair Oliver, 363 Osiander Street, commented on the importance of community and noted the
number of STR’s has increased by over 20 licenses in the past two weeks, now making up more
than 33% of the neighborhood while the rest of the city seems to average less than 0.5%. He
Page 27
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 277
urged Council to act immediately to limit the number of STR’s in Old Town North and commented
on the reduced quality of life for full-time residents of the neighborhood. He also opposed allowing
existing licenses to be transferred to a new owner.
Sarah Payne, 363 Osiander, stated she has no immediate neighbors and the situation in the
neighborhood is becoming unlivable. She asked that the City apply its goals of expanding
housing, promoting sustainability, and protecting neighborhood health to Old Town North. She
also encouraged Council to not allow the transfer of licenses, as that would entrench the problem.
She also stated economic studies on STR’s have shown increased housing costs, reduced
housing availability, and eroded city tax bases. She requested Council choose residents over
investor revenues.
Walter Abercrombie, Old Town North resident, expressed support for the proposed changes
except for allowing transfers. He stated real estate investors should not be given the green light
to continue this investment perpetually and urged Council to find a reasonable way to preserve
the neighborhood. He added that neighborhood residents have given up on making complaints
as they are not receiving any responses.
Suzanne Lobodzinski, Old Town North resident, commented on issues with non-primary STR’s
related to parking, noise, property damage, and invasion of privacy. She stated that as absentee
owner STR’s have increased, full-time resident satisfaction has decreased. She urged Council
to stop issuing non-primary STR’s and reduce the percentage of the licenses in the neighborhood
to align with comparable neighborhoods in Fort Collins.
Jema Anderson, 902 Jerome Street, commented on the negative impacts of non-primary STR’s
and stated there is no response to nuisance complaints, particularly noise, as those complaints
are non-emergency through Police Services after hours and by the time officers arrive, the noise
is frequently over. She stated no systems are in place to deal with the unstaffed vacation
businesses, especially at night, and questioned why full-time residents must babysit the guests
while owners live in another neighborhood or state. She questioned whether the City would
approve a hotel in a neighborhood that had no management or security on site.
Linda Abercrombie, 239 Pascal Street, stated the last few years have seen a dramatic decline in
the quality of life in her neighborhood. She noted there is no other neighborhood in Fort Collins
with a similar percentage of STR’s and stated nuisance complaints are ignored. She urged
Council to support the recommendation without allowing the transfer of existing licenses. She
also requested Council attempt to find a way to reduce the number of non-primary STR’s in the
neighborhood.
Jon Anderson, 902 Jerome Street, stated the transferability option provides a benefit to business
investors and a punishment to full-time residents as the homes that are exactly like his now have
a business value that his home lacks. He stated STR’s are essentially remotely staffed hotels
that put the onus on neighbors and the City for upkeep and dealing with issues.
Jacque Kinnick, 369 Pascal Street, stated STR’s were not part of the picture when she first moved
to Old Town North and stated their unchecked growth is damaging the fabric of the neighborhood.
She urged Council to support the staff recommendation and remove the transferability provision.
She noted issues occur when enforcement is not available and this makes residents feel
vulnerable. She also requested Council reduce the current number of non-primary STR’s to a
healthier level so Old Town North can return to being a resilient, livable neighborhood. She stated
nothing will change without addressing the existing number of licenses.
Kerri Watkins, 363 Pascal Street, expressed support for the staff recommendation, though
opposed the transferability option. She commented on the negative impacts of non-primary STR’s
Page 28
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 278
to the neighborhood and noted that while they may provide some economic benefit to the city,
full-time residents do as well. She commented on the fact that seven people live in three of the
full-time residences on her street, and there is the potential for 30 plus new strangers to be staying
in the other three residences at any time. She urged Council to help them find a way to return
their neighborhood to where it once was.
David Watkins, Old Town North resident, stated he moved to the neighborhood based on the
promise of a connected, livable community, which no longer exists. He discussed the negative
impacts of the non-primary STR’s and stated the neighborhood now seems like a commercial
free-for-all. He stated a freeze on new STR’s will not be enough to fix the issues. He stated full-
time residents are outnumbered and overlooked and urged Council to take action to cease new
STR licenses, revoke licenses from repeat violators, block license transfers, enforce parking and
zoning laws, and consider a resident-only parking permit system.
Michael Warkander, 238 Osiander Stret, stated he moved to the neighborhood because he liked
the dense community; however, he noted that density means that what everyone does impacts
each other more than it might in other places. He stated the neighborhood used to have a
community feeling; however, the 2017 STR regulations seem to have turned the neighborhood
into a sacrifice zone with walls of STR’s. He urged Council to adopt the recommendation without
the transfer provision and find a way to reduce the number of STR’s that exist in the neighborhood.
Delores Williams stated she owns two townhomes in the Old Town North neighborhood and only
rents them on a long-term basis. She stated she would like her tenants as well as the full-time
owners to have neighbors. She suggested non-primary STR licenses not be allowed to be
renewed as they expire.
Mark Driscoll stated he has been a property manager in Old Town for many years. He stated
many of the concerns raised about STR’s are due to poor management and many issues can be
resolved by having local, responsive contacts and good management practices, examples of
which he provided. He stated STR’s make up just 0.52% of the housing stock in Fort Collins
which is far below the average that is considered healthy.
Christine Dianni stated her family was the second family to move into Old Town North 18 years
ago. She noted Council stopped the issuance of non-primary STR licenses in residential areas
as part of the 2017 regulations; however, Old Town North had a commercial land use designation
which allowed investors to have unlimited access to non-primary STR licenses in the
neighborhood. She stated that stopping future licenses from being issued is critical; however,
that alone will not address the negative impacts of the STR’s or allow the neighborhood to recover
or function as a neighborhood. She stated that Fort Collins does not have the resources to
regulate one neighborhood as a tourist town, and she urged Council to also pursue reducing the
number of non-primary STR’s to match the rest of the city’s densities.
Josh Tinker stated he owns an STR in Old Town North and requested Council oppose the
ordinance. He stated the proposal was developed without balanced community input and
suggested other solutions could be pursued to solve the problems that have been raised.
Additionally, he stated the information provided dramatically underrepresents the magnitude of
the positive economic impact of STR’s in the city. He also requested Council consider that many
STR’s are run with no complaints and urged Council to think carefully about how to approach this.
Paul Francisco, 908 Jerome Street, spoke in support of the ordinance noting that when the zoning
was developed for this district, the expectation was that it would develop in a very different way
than it has with more of a mix of uses. However, it has developed as a residential neighborhood
with the ability to house an unlimited number of STR’s. He stated not making a change because
it was not done that way in the first place implies that we cannot adapt to conditions based on
Page 29
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 279
new evidence. He stated this density of STR’s in an entirely residential neighborhood is uncharted
territory.
Tami Bond, 908 Jerome Street, spoke in support of the recommended changes and questioned
the advisability of having this high of a concentration of STR’s in a single area. She opposed the
license transfer provision and stated most of the STR income goes to commercial investors.
Caley Follmer, Old Town North resident, stated that over 90% of the full-time Old Town North
residents she knows are present at the meeting which shows the importance of the issue. She
supported the proposed restrictions on future non-primary STR licenses. She stated that better
enforcement being used to mitigate the negative impacts misses the core issue of the
incompatibility of a high concentration of STR’s with the cultivation of a strong community. She
stated that even a perfectly compliant short-term rental is still a de facto hotel with a revolving
door of unfamiliar faces. She stated failure to address the existing STR licenses will perpetuate
the erosion of community in Old Town North.
Jennifer Kelly, owner of a short-term rental in Old Town North, stated she also owns a home in
Florida and wants to live in both places. She noted Council restricted short-term rental licenses
so much in 2017 that this neighborhood has this high concentration. She expressed concern
about this being a major zoning change that deserves to be treated that way. She also noted this
would change the CCN zoning in another neighborhood which has yet to be informed that its STR
licenses will be stripped away. Additionally, she stated this topic deserves additional outreach
and stated the number of STR licenses is a product of demand. She stated she is a realtor
representing 19 new homes on Osiander which were purchased by a developer understanding
that short-term rentals are an option.
Kurt Kinnige, 369 Osiander Street, stated he moved his family to the property after purchasing it
in 2013 and have since become empty nesters. He stated he owns a business in town and does
not have a traditional retirement account; therefore, he is hoping to operate his home as a non-
primary STR to support his retirement. He stated he loves and respects the neighborhood, and
while he recognizes there is a large concentration of STR’s in the neighborhood, he asked Council
to fight the urge to claw back all the licenses. He noted he is not a commercial investor.
Stevey Ertl stated he lived in Old Town North for 15 years and owns a long-term rental on Cajetan
Street which has never received any complaints or violations. He stated he would like to see the
neighborhood return to being a vibrant and thriving community. He noted there are options for
non-primary STR owners to transfer the properties to mid- or long-term rentals or sell their
properties. He questioned why Old Town North has become the sacrificial lamb for non-primary
STR’s and urged Council to adopt the proposed changes.
COUNCIL QUESTIONS
Councilmember Pignataro thanked the speakers and asked why the 30-day transfer after sale
option has been included. Senior Assistant City Attorney Brad Yatabe replied some confidential
legal information was provided to Council and suggested that an Executive Session be considered
unless Council wants to waive that privilege. Sawyer noted part of the reason the transfer
provision was included is because it is standard practice and provides consistency related to Land
Use Code changes.
Mayor Pro Tem Francis asked about comments made that this has been outside the regular
process for a zoning change. Beals replied changes are made to the Land Use Code through
text amendments, and that is the process for this change. He noted a full zoning map change
would have greater public outreach.
Page 30
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 280
Mayor Pro Tem Francis asked if there is a process for revoking STR licenses for multiple
violations. Beals replied that the Municipal Code provides that ability and stated a handful of
licenses have been revoked based on finding out STR’s were operating as non-primary when
they were located in a primary only zone or when complaints have been able to be validated. He
noted it is difficult to gather all the information needed to revoke a license.
Councilmember Potyondy stated STR’s are a relatively new type of housing and her research has
shown many communities have been dealing with the unexpected consequences of them
proliferating. She asked if Council would be prevented from moving forward with additional
regulations if it were to approve the ordinance. She stated she is hesitant to move forward with
business as usual given the disproportionate impacts on this neighborhood. She stated it is
important to bring the neighborhood back to being within the scope of what was intended. Sawyer
stated voting to approve the ordinance would be a help to the neighborhood, and if there are
additional actions Council wants to take moving forward to address STR’s city-wide, those can be
discussed. She stated staff has not seen issues and concerns on a city-wide basis.
Mayor Pro Tem Francis noted there are two readings to the ordinance and suggested staff return
with options related to license transfers prior to Second Reading.
Councilmember Canonico requested some of the other suggestions such as parking permits be
examined. Sawyer stated staff could look at that and provide additional information at Second
Reading.
Councilmember Pignataro noted new noise ordinances were just passed and suggested they
could assist with some of these situations such as fireworks. Deputy City Manager Marr
suggested that information be included as part of Second Reading as well.
Councilmember Gutowsky thanked the speakers and stated she would like to see Council at least
prevent new non-primary STR licenses to be issued.
Councilmember Potyondy asked if there is data regarding what percentage of STRs are owned
by Fort Collins residents. Beals replied he does not have that data.
Councilmember Gutowsky asked if STRs are taxed as commercial properties. Sawyer replied
they are taxed as residential properties but are charged a lodging and sales tax in addition.
Mayor Arndt asked if the taxation is State regulated. Sawyer replied there was a bill that was
going to make STR’s commercial, but it did not pass.
Councilmember Potyondy asked if there was any way to pause license issuance between First
and Second Reading. Beals replied staff would be required to issue licenses during that time and
any that come in up to ten days after Second Reading when the ordinance would go into effect.
Councilmember Ohlson stated this is a systemic failure of the City organization that the policy
was set to create this situation initially. Additionally, he stated the fact that the issue has not been
brought before Council indicates failure since then. He stated he would support the first ordinance
but not the second ordinance. He stated he would like to see an option prepared for Second
Reading to prevent the transfer of licenses upon sale of the property, a regulation other
communities have made. He stated his concern is protecting and restoring this neighborhood
and a ban on transfers is the only solution.
Mayor Arndt asked if it would be possible to allow transfers from non-primary to primary STR’s.
Sawyer replied the zone currently allows both kinds of STR’s so anyone could get a primary
license at any time. She stated there is nothing in the regulations that would limit primary STR’s
Page 31
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 281
in the zone district. She stated the current language as written would place a 30-day restriction
on the time a new owner would have to seek the transfer of a non-primary license; an owner could
live in a home for several years and still apply for a primary license.
Councilmember Ohlson stated he is not worried about any type of takings law being violated.
Mayor Arndt stated she would support both ordinances tonight but would like more clarification
before Second Reading.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Ordinance No. 106, 2025, Amending the Land Use Code to Remove Non-Primary Short-
Term Rentals from the Community Commercial North College District, on First Reading.
The motion carried 7-0.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
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, on First
Reading.
The motion carried 4-3.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico and Pignataro.
Nays: Councilmembers Ohlson, Potyondy, and Gutowsky.
Mayor Arndt suspended the rules to clarify that both ordinances were adopted on First Reading
and Second Reading will occur in two weeks with some additional clarification from staff regarding
license transfer provision options. She stated any ordinance adopted on Second Reading would
go into effect ten days after that date.
Clerk’s Note: Mayor Arndt called for a break at 8:51 p.m., noting the meeting would resume
at 9:04 p.m.
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.
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
Page 32
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 282
of the related Ordinance. If protests are received, copies will be included in Council's "Read Before
the Meeting" packet.
STAFF PRESENTATION
City Attorney Daggett stated this item is one of the closing items coming forward to Council
following up on the Council priority to modernize and update the City Charter. She noted the
current Charter requires Council to appoint a replacement when there is a vacancy, but it includes
provisions related to the timing of the vacancy related to an upcoming election which can lead to
a lengthy period of vacancy. She noted there is now a very predictable timeframe between the
election and the swearing in date that changes the timing of when an appointment can happen
relative to when a new Council would be sworn in. She noted some provisions were added that
allow for a bit more process, including the vacancy being formally announced to the public when
it occurs, recognizing that there is going to be an application process for filling the vacancy, and
that Council will then follow the process looking at those applications. She discussed other
changes that will allow for the process to be more predictable and showed the proposed ballot
language.
PROTEST PRESENTATION
Michelle Haefele stated that if these changes go into effect following the election in November, it
would eliminate one current Councilmember’s eligibility to run. She suggested the ordinance that
goes to the ballot should say that the term limit provision goes into effect after the results of the
2025 City Council election in order to eliminate the possible of someone being voted into office
and then being ineligible to serve if the Charter changes are passed.
COUNCIL QUESTIONS
Councilmember Pignataro asked if staff interprets the language in the same fashion as Ms.
Haefele. City Attorney Daggett replied there would be an issue with swearing in an elected
candidate in January because the limit would be in effect at that time.
Councilmember Pignataro noted many of the Charter changes are clean-up items and asked if
there are any other options that would not call out a specific date and therefore not require clean-
up in the future. City Attorney Daggett replied slightly different language could be used, but it
would still be language that would not be needed after January 2026. She suggested language
reading: ‘This provision shall not apply to partial terms served before 2026.’
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, in consideration
of Ordinance No. 108, 2025, incorporate modifications to address the concerns raised in
the protest about how the Charter amendment would apply to partial terms served before
2026.
The motion carried 7-0.
PUBLIC PARTICIPATION
None.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, that Council adopt
Ordinance No. 108, 2025, with the following revisions: on page two of the Ordinance, revise
recital H by adding before the last period the following clause: unless a partial term was
served before 2026, on page three of the Ordinance, add a new sentence to the end of the
proposed new Charter Section 1E as follows: this specific provision shall not apply to
Page 33
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 283
partial terms served before 2026, and on page five of the Ordinance, add at the end of the
first bulleted item in the ballot question before the semi-colon, the following clause: unless
the partial term was served before 2026, on First Reading.
The motion carried 7-0.
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.
City Clerk Coldiron noted Council recently discussed this item at a June 3rd work session.
PUBLIC PARTICIPATION
None.
COUNCIL QUESTIONS/COMMENTS
None.
Mayor Pro Tem Francis moved, seconded by Councilmember Ohlson, to adopt Ordinance
No. 109, 2025, Establishing the Charter Amendments to Appeal on the November 4, 2025,
Municipal Election Ballot and the Related Ballot Order, on First Reading.
The motion carried 7-0.
P) RESUMED PUBLIC COMMENT
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
Councilmember Pignataro commented on a recently passed State Bill, SB25-85, related to
health-related animal research test subjects. She also commented on a recent situation in
Fort Collins regarding issues at an animal research facility. She requested and received
Council support for a staff memo on the number of animal research facilities in Fort Collins
that do health related testing on cats and dogs and on how much effort it would take to clarify
in the Code that based on the fact that these cats and dogs will need to be offered up for
adoption, that they should be licensed through Larimer County Humane at the animal research
facilities.
Page 34
Item 1.
June 17, 2025
City of Fort Collins City Council Proceedings Page 284
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:24 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 35
Item 1.
File Attachments for Item:
2. Items Relating to the Appropriation of Federal Funds in the Community Development
Block Grant (CDBG) and HOME Investment Partnership (HOME) Program Funds.
A. Second Reading of Ordinance No. 097, 2025, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 098, 2025, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant Fund.
C. Second Reading of Ordinance No. 099, 2025, Making Supplemental Appropriations in the
HOME Investment Partnerships Grant American Rescue Plan Act Fund.
These Ordinances, unanimously adopted on First Reading on June 17, 2025, 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 36
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 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. Second Reading of Ordinance No. 097, 2025, Making Supplemental Appropriations in the Community
Development Block Grant Fund.
B. Second Reading of Ordinance No. 098, 2025, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant Fund.
C. Second Reading of Ordinance No. 099, 2025, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant American Rescue Plan Act Fund.
These Ordinances, unanimously adopted on First Reading on June 17, 2025, 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 Second Reading.
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 moderate- 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 37
Item 2.
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
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 097, 2025
2. Ordinance No. 098, 2025
3. Ordinance No. 099, 2025
Page 38
Item 2.
-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 39
Item 2.
-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 CIT Y 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 Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 40
Item 2.
-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 41
Item 2.
-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 42
Item 2.
-3-
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 43
Item 2.
-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 44
Item 2.
-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 Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 45
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 100, 2025, Updating Various Provisions of the Code
of the City of Fort Collins Related to Affordable Housing.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, conforms the
definitions relating to affordable housing in the City Code to those in the Land Use Code,
removes language for a program that was repealed, and removes the requirement of a specific
fee amount when requesting affordable housing fee delays.
Page 46
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 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
Second Reading of Ordinance No. 100, 2025, Updating Various Provisions of the Code of the City
of Fort Collins Related to Affordable Housing.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, conforms the definitions relating
to affordable housing in the City Code to those in the Land Use Code, removes language for a program
that was repealed, and removes the requirement of a specific fee amount when requesting affordable
housing fee delays.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
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 47
Item 3.
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 requires 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
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 100, 2025
Page 48
Item 3.
- 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 49
Item 3.
- 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 development as defined in 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 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. 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
development as defined in 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 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. No
person shall knowingly make any false or misleading statement of fact in order to obtain
any deferral of fees under this Section.
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:
Page 50
Item 3.
- 3 -
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 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.
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 development, as this term is 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, 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. 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:
Sec. 26-631. - Definitions.
Affordable housing 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.
Section 9. Section 26-632 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 51
Item 3.
- 4 -
Sec. 26-632. - Deferral of fees.
With respect to any dwelling unit which is contained within or which constitutes
an affordable housing development, the Water Plant Investment Fee ("WPIF"), Sewer
Plant Investment Fee ("SPIF"), Stormwater Plant Investment Fee, the Water Supply
Requirement Cash Payment, and the Electric Developm ent Fees and Charges, as
established in this Chapter, 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. 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. 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 Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 52
Item 3.
File Attachments for Item:
4. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, authorizes 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 53
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
July 1, 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
Second 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
This Ordinance, unanimously adopted on First Reading on June 17, 2025, authorizes 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 Second Reading.
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
Page 54
Item 4.
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 wit h 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 experienced
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 that 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 approximately
mimic pre-developed conditions – reducing pollutant loading and channel erosion. This approach reduces
peak runoff rates, allowing for more effective settling of pollutants and minimizing the erosive force of
stormwater discharge. The full spectrum detention pond manages runoff from a wider range of storm
events, including smaller, more frequent ones. Traditional detention ponds, on the other hand, primarily
focused on controlling peak flow rates during large storm events to prevent flooding.
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 the existing
geomorphic character of the drainage and must enhance the natural habitat features and character of the
site.”
Page 55
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
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.
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 agreed 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.
Page 56
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
This option would improve stormwater management along Highway 392.
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. There are several active nests (shown with red dots below). The closest nest is a Red-tail
hawk. The required 1/3-mile buffer for the hawk’s nest slightly overlaps SFCSD property but does not
encompass the project site. An active eagle’s nest exists on the northeast corner of the reservoir. The
project is not anticipated to have an impact on nesting raptors. Historic winter roost sites are not within the
½-mile CPW -recommended buffer. No endangered raptor species are known to occur at Fossil Creek
Reservoir. The bald eagle was delisted in 2007.
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 and minimize disturbance during the breeding and nesting season.
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.
Page 57
Item 4.
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
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 101, 2025
Page 58
Item 4.
-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 59
Item 4.
-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 Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A - Easement with Terms and Conditions
Page 60
Item 4.
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 61
Item 4.
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
Page 62
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 3 of 26
Form Version 2022
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
Page 63
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 4 of 26
Form Version 2022
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.
Page 64
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 5 of 26
Form Version 2022
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.
Page 65
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 6 of 26
Form Version 2022
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
Page 66
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 7 of 26
Form Version 2022
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
Page 67
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 8 of 26
Form Version 2022
ACCEPTED BY GRANTEE:
South Fort Collins Sanitation District
Date Grantee Signing Authority and Title
Page 68
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 9 of 26
Form Version 2022
EXHIBIT A
Legal Description of the Grantor’s Property
Page 1 of 3
Tract 1
Page 69
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 10 of 26
Form Version 2022
EXHIBIT A
Legal Description of the Grantor’s Property continued
Page 2 of 3
Tract 2
Page 70
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 11 of 26
Form Version 2022
EXHIBIT A
Legal Description of the Grantor’s Property continued
Page 3 of 3
Tract 3
Tract 4
Page 71
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 12 of 26
Form Version 2022
EXHIBIT B
Legal Description and Depiction of the Easement Area
Page 1 of 2
Page 72
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 13 of 26
Form Version 2022
EXHIBIT B – continued
Legal Description and Depiction of the Easement Area
Page 2 of 2
Page 73
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 14 of 26
Form Version 2022
Exhibit C
Legal Description and Depiction of Grantee’s Property
Page 1 of 2
Page 74
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 15 of 26
Form Version 2022
Exhibit C continued
Legal Description and Depiction of Grantee’s Property
Page 2 of 2
Page 75
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 16 of 26
Form Version 2022
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.
Page 76
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 17 of 26
Form Version 2022
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.
Page 77
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 18 of 26
Form Version 2022
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
Page 78
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 19 of 26
Form Version 2022
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
Page 79
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 20 of 26
Form Version 2022
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
Page 80
Item 4.
EXHIBIT A TO ORDINANCE NO. 101, 2025
Easement - City Grantor Page 21 of 26
Form Version 2022
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.
Page 81
Item 4.
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.
Page 82
Item 4.
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.
Page 83
Item 4.
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
Page 84
Item 4.
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 85
Item 4.
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 86
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 102, 2025, Authorizing the Conveyance of One
Drainage Easement and One Temporary Construction Easement on Golden Meadows
Park.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, authorizes 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 87
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 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
Second Reading of Ordinance No. 102, 2025, Authorizing the Conveyance of One Drainage
Easement and One Temporary Construction Easement on Golden Meadows Park.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, authorizes 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 Second Reading.
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
Page 88
Item 5.
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
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 102, 2025
Page 89
Item 5.
-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 90
Item 5.
-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 Pro Tem
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 91
Item 5.
EXHIBIT A TO ORDINANCE NO. 102, 2025
Page 92
Item 5.
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 93
Item 5.
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 94
Item 5.
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 95
Item 5.
3
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 week 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.
5.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.
6.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
Improvements, as described in Section 3.
7.Representations of Grantor. Grantor makes no representations or warranties as to lawful
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 96
Item 5.
4
ownership of Grantor’s Property.
8.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.
9.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 4 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.
10.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
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,
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 97
Item 5.
5
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.
11.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.
12.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.
13.Assignment. Grantee may not assign its rights under this Conveyance without the prior
written consent of Grantor.
14.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
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
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 98
Item 5.
6
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.
15.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 C TO ORDINANCE NO. 102, 2025
Page 99
Item 5.
7
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 C TO ORDINANCE NO. 102, 2025
Page 100
Item 5.
8
ACCEPTANCE BY GRANTEE:
4401 Innovation Dr LLC
Date: _______________________________
Neil Bellefeuille, Partner
ATTEST:
________________________
Signature
________________________
(Name, Title)
ACCEPTANCE BY GRANTEE:
Kederike, LLC
Date: _______________________________
Officer with signing authority
ATTEST:
________________________
Signature
________________________
(Name, Title)
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 101
Item 5.
Exhibit A
Larger Parcel Map
Parcel: 8731407902
Property Description:
All of Tract “B” and that part of Track “A” of the Golden Meadows Business Park, which
begins at the Southeast corner of said Track “A”, and run thence N 89° 46’ 20” W 283.57
feet; thence N 280.00 feet; thence S 89° 46’ 20” E 100.99 feet; thence S 33° 02’ 19” E
334.88 feet to the point of beginning; containing 360,976 square feet, more or less.
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 102
Item 5.
EXHIBIT B EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 103
Item 5.
EXHIBIT C TO ORDINANCE NO. 102, 2025
Page 104
Item 5.
Exhibit C
The Southern Parcel
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 C TO ORDINANCE NO. 102, 2025
Page 105
Item 5.
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: 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
Project: Drainage Improvements, including one (1) eighteen (18) inch storm pipe, buried rip-rap
and related restoration.
Effective Date: Date of mutual execution
Expiration Date: One (1) year after the Effective Date
Consideration: $206.00
Exhibit A – Larger Parcel Description: 1 page
Exhibit B – TCE Area Legal Description and Depiction: 3 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):
i.Construction activities;
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 106
Item 5.
Temporary Construction Easement – City Grantor
Form Version - 2024
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 the project site, 4401 Innovation
Dr, 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.[Reserved]
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.
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
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 107
Item 5.
Temporary Construction Easement – City Grantor
Form Version - 2024
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, compaction, and restoration of
any other improvements or conditions impacted by Grantee’s activities, as set forth in
the “Pickleball Ventures” Final Development Plans and Development Agreement, on
file with the Grantor.
B.The Grantee agrees to provide to Grantor a two-year maintenance guarantee and a two-
year repair guarantee covering the design, construction, and maintenance of the
Construction Repairs (the “Restoration Guarantees”), as set forth in the “Pickleball
Ventures” Final Development Plans and Development Agreement, on file with the
Grantor. 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 D TO ORDINANCE NO. 102, 2025
Page 108
Item 5.
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 D TO ORDINANCE NO. 102, 2025
Page 109
Item 5.
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 D TO ORDINANCE NO. 102, 2025
Page 110
Item 5.
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
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 111
Item 5.
Temporary Construction Easement – City Grantor
Form Version - 2024
ACCEPTANCE BY GRANTEE:
4401 Innovation Dr L.L.C.
Date: _______________________________
Neil Bellefeuille, Partner
ATTEST:
________________________
Signature
________________________
(Name, Title)
ACCEPTANCE BY GRANTEE:
Kederike, LLC
Date: _______________________________
Officer with signing authority
ATTEST:
________________________
Signature
________________________
(Name, Title)
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 112
Item 5.
Exhibit A
Larger Parcel Map
Parcel: 8731407902
Property Description:
All of Tract “B” and that part of Track “A” of the Golden Meadows Business Park, which
begins at the Southeast corner of said Track “A”, and run thence N 89° 46’ 20” W 283.57
feet; thence N 280.00 feet; thence S 89° 46’ 20” E 100.99 feet; thence S 33° 02’ 19” E
334.88 feet to the point of beginning; containing 360,976 square feet, more or less.
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 113
Item 5.
EXHIBIT B EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 114
Item 5.
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 115
Item 5.
EXHIBIT D TO ORDINANCE NO. 102, 2025
Page 116
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 103, 2025, Vacating Alley Right-of-Way in the Ghent
Subdivision Subject to Conditions.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, vacates 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.
Page 117
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Sophie Buckingham, Civil Engineer II
SUBJECT
Second Reading of Ordinance No. 103, 2025, Vacating Alley Right-of-Way in the Ghent Subdivision
Subject to Conditions.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, vacates 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
This alley is no longer desirable or necessary to retain for street purposes because it is not being used for
vehicular, pedestrian, multi-modal, or utility purposes, aside from the Lumen utility line. The alley runs
through a property that is being redeveloped. The redevelopment project is known as SWC Drake College,
and the developer has requested the right-of-way vacation to facilitate redevelopment of the property. The
redevelopment project will provide private street connections to Drake Road, College Avenue, and
Thunderbird Drive. These connections are depicted in Figure 1, the Overall Development Plan for the
property approved by the Fort Collins Planning and Zoning Commission on May 15, 2025. The developer
is coordinating with Lumen to relocate the existing utility line from the alley right-of-way to a different
location, after which the alley right-of-way will serve no public purpose. Once the Lumen utility line has
been relocated, the right-of-way vacation will take full effect. The right-of-way must be conditionally or fully
vacated in order for the City to approve the SWC Drake College redevelopment project.
The City Engineer and the Planning, Development, and Transportation Director recommend approval of
this conditional right-of-way vacation.
Page 118
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Figure 1. Overall Development Plan
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Potentially affected utility agencies and City staff have been notified of the request for right-of-way vacation.
The adjacent property owner at 2601 South College Avenue has also been notified of the proposed right-
of-way vacation and the scheduled first reading of the Ordinance on June 17, 2025.
ATTACHMENTS
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 103, 2025
Page 119
Item 6.
-1-
ORDINANCE NO. 103, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING ALLEY RIGHT-OF-WAY IN THE GHENT
SUBDIVISION SUBJECT TO CONDITIONS
A. City Code Section 23-115 provides that the City Council may vacate a City
right-of-way upon a finding that the right-of-way being considered for vacation is no longer
needed for right-of-way purposes, and that the vacation is in the public's interest.
B. Colorado Revised Statutes (“C.R.S.”) Section 43-2-303(1)(a) provides that
the City Council may by ordinance vacate a roadway or part thereof located within the
corporate limits of the city. C.R.S. Section 43-2-303(3) further provides that upon
vacation, rights-of-way may be reserved for the continued use of existing sewer, gas,
water, or similar pipelines and appurtenances, for ditches or canals and appur tenances,
and for electric, telephone, and similar lines and appurtenances.
C. The alley right-of-way proposed to be vacated concerns 16 feet of public
right-of-way dedicated by the Ghent subdivision plat and is shown on Exhibit A (the
"Vacation Area") and is no longer desirable or necessary to retain for street purposes
because it is not being used for vehicular, pedestrian, multi-modal, or utility purposes,
aside from the Lumen utility line.
D. The alley runs through a property that is being redeveloped. The
redevelopment project is known as SWC Drake College, and the developer has requested
the right-of-way vacation to facilitate redevelopment of the property.
E. The redevelopment project will provide private street connections to Drake
Road, College Avenue, and Thunderbird Drive. These connections are depicted in the
Overall Development Plan for the property approved by the Fort Collins Planning and
Zoning Commission on May 15, 2025. The developer is coordinating with Lumen to
relocate the existing utility line from the alley right-of-way to a different location, after
which the alley right-of-way will serve no public purpose. Once the Lumen utility line has
been relocated, the right-of-way vacation will take full effect. The alley right-of-way must
be conditionally or fully vacated in order for the City to approve the SWC Drake College
redevelopment project.
F. The proposed vacation will not leave any adjoining land without access to
an established public road, and the City Engineer and the Planning, Development, and
Transportation Director recommend approval of th is conditional right-of-way vacation
subject to the conditions described herein.
G. Notification has been provided to affected utilit y agencies, emergency
service providers, and adjacent property owners as required.
Page 120
Item 6.
-2-
H. The City Council finds that the vacation of the Vacation Area, subject to the
conditions set forth below, is in the best interests of the City and serves a valid public
purpose.
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 hereby finds and determines that the alley right-of-
way proposed to be vacated concerns 16 feet of the alley right-of-way dedicated by the
Ghent subdivision plat and shown on Exhibit A, attached hereto and incorporated herein,
is no longer needed for alley right-of-way purposes and that it is in the public interest to
vacate the Vacation Area, subject to the conditions set forth in Section 3 of this Ordinance.
Section 2. Subject to the fulfillment of the conditions set forth in Section 3 of this
Ordinance, 16 feet of the alley right-of-way dedicated by the Ghent subdivision plat and
shown on Exhibit A is hereby vacated.
Section 3. The vacation set forth in this Ordinance shall not be effective until the
following conditions are satisfied:
(a) The developer of SWC Drake College shall relocate the existing Lumen
utility line from the alley right-of-way to a different location, after which the
alley right-of-way will serve no public purpose; and
(b) After relocating the Lumen utility line from the alley right-of-way, the
developer of SWC Drake College shall notify the City of the completion of
that relocation so that this Ordinance can be recorded with the Larimer
County Clerk and Recorder.
Section 4. Upon the fulfillment of the conditions stated in Section 3 of this
Ordinance, the City shall record this Ordinance with the Larimer County Clerk and
Recorder, at which point the vacation shall become effective.
Section 5. In accordance with City Code Section 23-115(f), title to the right-of-
way vacated by this Ordinance shall vest as provided in C.R.S. Section 43-2-302.
Section 6. Maintenance of the Vacation Area shall be the responsibility of those
in whom title vests and shall be undertaken as provided in City Code Section 20-42,
Section 24-42, and any other applicable requirements.
Page 121
Item 6.
-3-
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Stefanie Boster
Exhibits: Exhibit A – Right-of-Way Legal Description
Page 122
Item 6.
epsgroupinc.com Arizona | Colorado 1 of 2
DESCRIPTION
A parcel of land located in the Northeast Quarter of Section 26, Township 7 North, Range 69 West of the 6th P.M.,
City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows:
Considering the south line of Lot 1, Ghent Subdivision, as recorded at Book 9, Page 134, as bearing South 89° 26’
43” East, said line also being the north line of the 16’ alley as shown on said Ghent Subdivision, and with all
bearings contained herein relative thereto:
BEGINNING at the Southwest corner of said Lot 1, said point also being the Northwest corner of said alley;
THENCE South 89° 26' 43" East, along the north line of said alley, a distance of 310.18 feet to the Northeast
corner of said alley;
THENCE South 00° 33' 17" West, along the east line of said alley, a distance of 8.00 feet;
THENCE South 00° 22' 17" West, continuing along said east line, a distance of 8.00 feet to the Southeast corner of
said alley;
THENCE North 89° 26' 43" West, along the south line of said alley, a distance of 310.30 feet to the Southwest
corner of said alley;
THENCE North 00° 53' 20" East, along the west line of said alley, a distance of 16.00 feet to the POINT OF
BEGINNING.
Containing 0.11 acres (4,964 square feet) more or less.
May be subject to easements, rights-of-way, covenants and restrictions of record.
Exhibit attached hereto and made a part hereof.
SURVEYOR’S CERTIFICATE
I, Tharen J. Helgerson, a Colorado Professional Land Surveyor, do hereby certify that this property
description was prepared under my personal supervision and checking, that it is true and correct to the best of
my knowledge, information and belief and is in accordance with applicable standards of practice. This is not a
guaranty or warranty, either expressed or implied. {4 CCR 730-1}
___________________________________________________________________________
Tharen J. Helgerson
Colorado Professional Land Surveyor No. 38882
For and on behalf of EPS Group, Inc.
EPS GROUP, INC.
301 North Howes Street, Suite 100
Fort Collins, Colorado 80521
(970) 221-4158
June 2, 2025
LMS
S:\Survey Jobs\24-0807\Dwg\Exhibits & Descriptions\24-0807 DESCRIPTION.docx
06/02/25
EXHIBIT A TO ORDINANCE NO. 103, 2025
Page 123
Item 6.
16' ALLEY RIGHT OF WAY
PER GHENT SUBDIVISION
WEST DRAKE ROAD
MC
C
L
E
L
L
A
N
D
D
R
I
V
E
WEST THUNDERBIRD DRIVE
LOT 1
GHENT SUBDIVISION
RECEPTION NO.
20120014356
RECEPTION NO. 20120014384AREA
4,964 Sq. Ft.
0.11 Acres
S00°22'17"W 8.00'N89°26'43"W 310.30'
N00°53'20"E
16.00'
S89°26'43"E 310.18'S00°33'17"W 8.00'
POINT OF BEGINNING
SW CORNER LOT 1
GHENT SUBDIVISION
BASIS OF BEARINGS
SOUTH LINE OF LOT 1,
GHENT SUBDIVISION
NORTH LINE OF THE NE 1/4
OF SECTION 26-T7N-R69W
NORTHNORTH
Feet0
( IN U.S. SURVEY FEET )
1 inch = feet
100 100
100
EXHIBIT
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
LEGEND
EXISTING LOT LINE
EXHIBIT BOUNDARY LINE
EXISTING RIGHT-OF-WAY LINE
SECTION LINETharen J. Helgerson
Colorado Professional Land Surveyor No. 38882
For and on behalf of EPS Group, Inc.
REVIEW BY:DRAWN BY:
DATE:
PROJECT:Sheet
Of
Sheets
THIS EXHIBIT IS NOT A
MONUMENTED LAND SURVEY.
IT IS MEANT TO AID IN THE
VISUALIZATION OF THE
ACCOMPANYING WRITTEN
DESCRIPTION. THE WRITTEN
DESCRIPTION SUPERCEDES THE
EXHIBIT DRAWING.
CLIENT:
ARIZONA | COLORADO
epsgroupinc.com970.221.4158
SECTION-TWP-RGE:
S26-T7N-R69W
1
2
S:\Survey Jobs\24-0807\Dwg\Exhibits & Descriptions\24-0807 ROW VACATION EXHIBIT.dwg
24-0807
06/02/25
KENTRO
LMS TJH
06/02/25
EXHIBIT A TO ORDINANCE NO. 103, 2025
Page 124
Item 6.
File Attachments for Item:
7. Second Reading of Ordinance No. 104, 2025, Correcting an Error in Ordinance No. 046,
2023, Regarding Financial Disclosure Requirements by Deleting Obsolete Section 2-638.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, deletes language
that was inadvertently left in place with the adoption of Ordinance No. 046, 2023, which enacted
updated requirements for financial disclosures.
Page 125
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Carrie Daggett, City Attorney
Delynn Coldiron, City Clerk
SUBJECT
Second Reading of Ordinance No. 104, 2025, Correcting an Error in Ordinance No. 046, 2023,
Regarding Financial Disclosure Requirements by Deleting Obsolete Section 2-638.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, deletes language that was
inadvertently left in place with the adoption of Ordinance No. 046, 2023, which enacted updated
requirements for financial disclosures.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
In April 2023, Council adopted Ordinance No. 046, 2023, which updated the financial disclosure
requirements in City Code Section 2-636. The changes address both initial filings and updated reporting in
subsequent years. At the time of this change, conflicting language in Section 2-638 should have been
deleted but the deletion of that conflicting provision was inadvertently omitted.
This Ordinance deletes City Code Section 2-638 to eliminate the conflicting provision and avoid any
confusion as to the reporting requirements.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 126
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 104, 2025
Page 127
Item 7.
-1-
ORDINANCE NO. 104, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CORRECTING AN ERROR IN ORDINANCE NO. 046, 2023,
REGARDING FINANCIAL DISCLOSURE REQUIREMENTS
BY DELETING OBSOLETE SECTION 2-638
A. Article VIII of Chapter 2 of the City Code describes financial disclosure
requirements for certain City officers and employees.
B. The provisions of Article VIII have been in place for over 50 years, with a
few limited updates over the years.
C. Section 2-636 of the City Code specifies when financial disclosures are
required.
D. In April 2023, the City Council adopted Ordinance No. 046, 2023, updating
Section 2-636 and providing new timing and consolidating the language addressing initial
disclosures with those addressing ongoing annual financial disclosure updates, and
changing the date for annual reporting to January 10 .
E. Section 2-636 as amended also describes in detail the process for filing
financial disclosures both initially and for ongoing updates.
F. When Section 2-636 was amended to address requirements for annual
updates, Section 2-638 was intended to be deleted, as the provisions of Section 2 -638
regarding annual updates are in conflict with the updated requirements set out in Section
2-636 as it was amended in 2023 and so are obsolete.
G. Council desires to correct this error by deleting Section 2-638, which will
ensure the financial disclosure requirements are clear and consistent with Council’s
action and intent in 2023.
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, consistent the changes to annual financial disclosure requirements
enacted in Ordinance No. 046, 2023, Section 2-638 of the Code of the City of Fort Collins,
entitled Amended Statement, is hereby deleted.
Page 128
Item 7.
-2-
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Carrie Daggett
Exhibits: None
Page 129
Item 7.
File Attachments for Item:
8. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, enables 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 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 appropriate
$765,616 in RCE Program grant funds to the Project.
Page 130
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, enables 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 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 appropriate $765,616 in
RCE Program grant funds to the Project.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The existing intersection of Timberline Road and Vine Drive experiences congestion with safety and delay
concerns due to the existing 4-way stop control along with an at-grade rail crossing near the intersection.
The Vine and Timberline Intersection Improvements project, which is already underway, will improve the
intersection with a traffic signal interconnected to a new rail crossing signal. That project is fully funded,
and construction is currently underway. Construction on that intersection improvement project has been
delayed by utility relocations being performed by the Poudre Valley Rural Electric Association and will be
completed later this summer.
As northeast Fort Collins continues to develop, increasing traffic volumes at the Vine and Timberline
intersection will result in the need for an overpass like the one constructed at Vine and Lemay completed
in 2022. This grade separation at Vine and Timberline over the railroad has been part of the City’s Master
Street Plan for several years. The Transportation Capital Projects Prioritization Study (TCPPS) includes
the Project as one of the top 15 projects in the study and includes development of a conceptual design
Page 131
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
(Attachment 1). TCPPS was discussed at the August 22, 2023, City Council Work Session and later
adopted by City Council on September 19, 2023 (Resolution 2023-086).
The East Ridge Second Filing and Waterfield Fourth Filing developments provided development
contributions towards the Project that have been previously appropriated by City Council. The City worked
with a consultant to develop an RCE Program grant application that was submitted in 2024. The application
requested funding to complete Project planning. The application was successful, and the City recently
received notification that the FRA is ready to move forward with the intergovernmental grant agreement
(Attached as Exhibit A to the Resolution). This request seeks authorization to accept and execute the
agreement and appropriate the grant funding.
CITY FINANCIAL IMPACTS
This item appropriates $765,616 in costs to support the Vine/Timberline Rail Grade Separation Planning
project.
An additional $331,827 in funds needed for the project has been appropriated in the Capital Projects Fund.
The RCE local match of $191,404 required for the RCE grant will come from this previously appropriated
funding. The remaining local funds ($140,423) will be available as an overmatch for future grant
opportunities and to help fund final design, right-of-way acquisition, and construction of the Project.
The RCE grant is a reimbursable grant, meaning Capital Projects Fund expenses will be reimbursed up to
$765,616.
The following is a summary of the current and proposed funding appropriations for the Project.
The total fund amount projected for this Project is $1,097,443 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Council adopted TCPPS (project is identified in the study) on September 19, 2023. The study was also
brought to the Transportation Board on August 16, 2023, and the Bike Advisory Committee on August 28,
2023, and both bodies support the results of the study.
Development Contributions to Construction $331,827
Federal Railroad Administration (FRA) Railroad Crossing
Elimination (RCE) Funds $765,616
Total Funds to be Appropriated per this Action $765,616
Proposed Transfer to Art in Public Places $0
Total Proposed Project Funds $1,097,443
Funds to be Appropriated per this Action
Prior Appropriated Funds
Page 132
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
A public engagement plan was established as part of the development of the TCPPS work plan. This effort
included a bilingual webpage on ourcity.fcgov.com, social media platforms, press releases, newsletters
published by the City and various organizations, email distribution in coordination with Larimer Co unty
Department of Health and Environment, and an in-person open house table for the West Elizabeth Corridor
Design Project in July 2021.
A virtual open house for TCPPS was held from October 14-31, 2021, to provide a project progress update,
display analysis findings, garner feedback, and encourage viewers to take a public survey if they had not
already done so. The public survey itself was accessed by 472 visitors, contributed to by 166 unique
people, and received 1,020 pins/comments.
An individual public outreach plan will be developed for the Project with the Communications and Public
Involvement Office as part of the project planning effort.
ATTACHMENTS
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 105, 2025
Page 133
Item 8.
-1-
ORDINANCE NO. 105, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF RAILROAD
CROSSING ELIMINATION PROGRAM GRANT FUNDS FOR THE
VINE/TIMBERLINE RAIL GRADE SEPARATION PLANNING PROJECT
A. The purpose of this item is to appropriate Railroad Crossing Elimination
(“RCE”) Program grant funds provided 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, which will eliminate the at-
grade railroad crossing at the intersection of Timberline Road and Vine Drive by creating
an overpass along Timberline Road across the BNSF railroad tracks and Vine Drive.
These funds will be used for planning, including outreach, feasibility study, technical
analysis, design, and right-of-way acquisition.
B. The existing intersection of Timberline Road and Vine Drive experiences
congestion with safety and delay concerns due to the existing 4-way stop control along
with an at-grade rail crossing near the intersection. The Vine and Timberline Intersection
Improvements project, which is already underway, will improve the intersection with a
traffic signal interconnected to a new rail crossing signal. That project is fully funded, and
construction is currently underway. Construction on that intersection improvement project
has been delayed by utility relocations being performed by the Poudre Valley Rural
Electric Association and will be completed later this summer.
C. As northeast Fort Collins continues to develop, increasing traffic volumes at
the Vine and Timberline intersection will result in the need for an overpass like the one
constructed at Vine and Lemay, which was completed in 2022. By bridging Timberline
Road over the BNSF railroad tracks and the parallel Vine Drive, Fort Collins will reduce
congestion, improve safety, improve system efficiency, add multimodal options, and
provide much-needed access for growing neighborhoods.
D. A grade separation overpass at Vine Drive and Timberline Road over the
railroad tracks has been part of the City’s Master Street Plan for several years. The
Transportation Capital Projects Prioritization Study (“TCPPS” adopted by City Council on
September 19, 2023 (Resolution 2023-086)) includes Vine/Timberline Rail Grade
Separation as one of the top fifteen projects in the study.
E. The East Ridge Second Filing and Waterfield Fourth Filing developments
provided development contributions towards the Project. The City worked with a
consultant to develop an RCE Program grant application that was submitted in 2024. The
application requested funding to complete Project planning. The application was
successful, and the City has received RCE Program funds pursuant to an
intergovernmental grant agreement, authorized by Resolution 2025-064.
F. This Ordinance appropriates $765,616 FRA RCE Program grant funds to
cover costs in support of the Project. Project funding also includes contributions totaling
$331,827 from the two developments provided in lieu of construction and in anticipation
Page 134
Item 8.
-2-
of the Vine/Timberline Rail Grade Separation capital project, which funding was
previously appropriated to this Project through Ordinance No. 122, 2023, and Ordinance
No. 115, 2024. The local match required for the RCE funds is $191,404, which match will
be met with a portion of these development contributions. The remaining development
contribution ($140,423) will be available as an overmatch for future grant opportunities
and to help fund additional Project costs. The total fund amount projected for this planning
Project is $1,097,443 composed of funds appropriated with prior actions and with this
action.
G. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
H. The City Manager has recommended the appropriation described in
Section 1 and determined that the funds to be appropriated are available and previously
unappropriated from the Capital Projects fund and that this appropriation will not cause
the total amount appropriated in the Capital Projects fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
I. The grant funds appropriated in this Ordinance for the Project are ineligible
for use in the Art in Public Places (“APP”) program due to restrictions placed on them by
the Federal Railroad Administration , the source of these funds.
J. The funding from the development contributions to construction previously
transferred to the Project are also ineligible for use in the APP program, because these
previously appropriated funds already completed contributions to the APP program.
K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the fe deral,
state or private grant or donation or the City’s expenditure of all funds received from such
grant or donation.
L. The City Council wishes to designate the appropriation herein for the
Railroad Crossing Elimination Program grant as an appropriation that shall not lapse until
the earlier of the expiration of the grant or the City’s expenditure of all funds received from
the grant.
M. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents and the traveling public of Fort Collins and serve the public
purposes of improving multimodal transportation infrastructure and safety within the City.
Page 135
Item 8.
-3-
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and finding, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Capital Projects fund the sum of SEVEN HUNDRED SIXTY-FIVE THOUSAND SIX
HUNDRED SIXTEEN DOLLARS ($765,616) in FRA Railroad Crossing Elimination
Program grant funds, to be expended in the Capital Projects fund for the Vine/Timberline
Rail Grade Separation Planning Project.
Section 2. The appropriation herein for the Railroad Crossing Elimination
Program grant is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Heather N. Jarvis
Exhibits: None
Page 136
Item 8.
File Attachments for Item:
9. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, amends 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.
Ordinance No. 106, 2025 and Ordinance No. 107, 2025 were presented together on first
reading. However, Ordinance No. 106, 2025, will be considered under the Consent
Calendar section of the Agenda, and Ordinance No. 107, 2025, due to a split vote on first
reading, is to be considered under the Discussion section of the Agenda.
Page 137
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Noah Beals, Development Review Manager
Ginny Sawyer, Project and Policy Manager
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, amends 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.
Ordinance No. 106, 2025 and Ordinance No. 107, 2025 were presented together on first reading.
However, Ordinance No. 106, 2025, will be considered under the Consent Calendar section of the
Agenda, and Ordinance No. 107, 2025, due to a split vote on first reading, is to be considered under
the Discussion section of the Agenda.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
In March 2017, the City adopted regulations requiring a license and prohibiting short -term rentals
dependent on the zone district in which the home is located. The multi-year process of establishing these
standards underwent several public meetings and refinements, including four work sessions with
Council. The initial Ordinance that adopted these regulations stated the following purposes:
The City wishes to protect neighborhoods while accommodating an existing and desired activity; and
Utilizing existing zoning code provisions and applying additional requirements on short -term rental
activities, neighbors, renters, and traditional lodging establishments can all be protected from
unregulated activity; and
Limiting Short-Term Rental activity by zone, inspecting properties, requiring minimum parking, and
requiring tax remittance will address concerns and provide a framework for Short-Term Rental activity
without jeopardizing neighborhood quality.
To achieve these objectives, the City established two types of Short-Term Rentals (STR): the primary STR
and the non-primary STR. The primary STR requires an STR license holder to reside on the lot on wh ich
Page 138
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 5
the license has been issued at least nine months of the year. The non-primary STR license holder is not
required to reside on the lot. Both are required to provide contact information for a person who could
respond within four hours to any issues raised by the renter or the City.
In determining where to allow each type of STR, the City reviewed the existing use list of each zoning
district. It was determined that primary STRs were similar to bed and breakfast use, as a bed and breakfast
requires an on-site manager who resides on the property. Non-primary STRs are like lodging
establishments that do not need an on-site manager to reside on the property. This prevents STRs from
being established in zones that are strictly residential and allows STRs in zone districts with a greater mix
of uses.
The Community Commercial-North College (CCN) Zone district was designed for fringes of
retail/commercial core areas and corridors. This district is intended for moderate intensity uses that support
the commercial core or corridor and help create a transition and link between the commercial areas and
surrounding residential areas. This designation is only for areas identified for its application in the North
College Corridor Plan. There are two areas of the City zoned CCN; both are shown in the following images.
In 2017 when the STR regulations were established these areas of CCN zone were less developed. There
was still potential for the Old Town North neighborhood shown in the image on the right to develop with a
greater mix of commercial uses. This neighborhood has instead developed a mix of residential uses,
including single-unit, multi-unit, and attached single units. However, the mix of commercial uses is limited
to one building on the SE corner of Jerome Street and East Suniga Road. This neighborhood, over half of
which is zoned CCN, is a residential area that still supports the retail core areas of North College Avenue
and creates a transition and link between surrounding neighborhoods.
As the City has issued STR licenses, there has been a high concentration of licenses in the Old Town
North Neighborhood (OTN). The City averages 375-400 total STR licenses every year. At least a third of
the total has been issued in OTN. Among these licenses, there are now three primary STRs and seventy-
Page 139
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
three non-primary STRs. There are approximately 300 dwellings built in this neighborhood and more have
been approved for construction. Approximately 25% of the dwellings in OTN are licensed for STR.
Comparing OTN to other parts of the City, we found that the number of licenses in OTN is high. We looked
at a neighborhood close to downtown comprised of 500 single-unit dwellings. In this neighborhood, there
are 19 total STR licenses. This part of town does not allow non-primary. However, three of the 19 licenses
are non-primary and considered non-conforming. Additionally, the City has a total of 49 non-primary
licenses that are non-conforming.
Since 2017, the City has received complaints about STRs in the OTN. Complaints have included
nuisances and the overall lack of community and ability to build community. Over the years, different City
departments have investigated and responded to nuisance related issues. These interactions have often
frustrated the complaining party as the City could not produce enough evidence to revoke any license. This
lack of evidence was usually related to the time of day the offense occurred, after normal business hours,
and the overall City value of voluntary compliance. Police may have responded, but no report or correction
action was required or documented.
Earlier this year, the City conducted an open neighborhood house where the OTN residents and owners
were invited to speak with staff about STRs. Over 50 people came, and 47 signed in. A summary of the
feedback received that night and additional emails sent after the meeting have been attached to this
report. There are mixed opinions on the issues and approaches to address concerns.
Staff is presenting an option to remove non-primary STRs as a use in the CCN zone district. This change
only prevents new licenses from being issued and does not prohibit the seventy-three non-primary STR
licenses currently issued from continuing to operate. The proposed change would also allow the existing
licenses to be renewed upon sale. If Council approves this option, staff will continue to work with the
neighborhood to explore other mitigation options that OTN residents and owners have shared.
In addition to the proposed change in the Land Use Code, staff is presenting a corresponding update to
the City Code. These changes clarify that the existing non-primary STR licenses issued can continue to
operate per the license and be renewed by both current license holder and by a new property owner up to
30 days after the sale of the property. This is consistent with other non-conforming STR licenses.
CITY FINANCIAL IMPACTS
The proposed code changes would limit the number of non-primary short term rental licenses that could
be issued in this zone district. All STR licenses generate sales tax within the City and make up .3% of the
total sales tax revenue.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning and Zoning Commission (P&Z) recommends adopting the proposed changes. In the May
15, 2025 hearing, P&Z heard approximately 3 hours of public testimony and then deliberated for 45
minutes. This led to a split vote when Commission Member Shepard made the following motion:
Moved that the Planning and Zoning Commission recommend to Council to adopt the proposed Land Use
Code Change to remove non-primary short term rentals as a use in the Community Commercial North
College Zone District based on the materials and the staff report presented at the work session and this
commission discussion and the testimony tonight indicating that impacts that this one particular
neighborhood are significant and at a scale not seen anywhere else in our City and that calls for the
negative externalities on non-primary short term rentals to be addressed.
This motion was seconded by Commission Member Bruxvoort. Commission Chair Sass voted in favor of
the motion. There were only five members present, and the motion carried with three yes votes.
Commission Member Connelly opposed the motion being sympathetic to the negative impacts but found
Page 140
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
the changes unfair to those who invested in properties and are following the existing rules. Commission
Member York also opposed the motion believing there are other options that could be explored to mitigate
impacts. Commission Members Stackhouse and Peel were absent.
It was noted by one Commission Member that the $150 initial application fee and $100 renewal fee is
shocking for dealing with some of the problems that are created in the neighborhoods.
Comments from community members were consistent with the emails and feedback Council has received.
Divided opinion on the proposed Land Use Code changes
o Community members supportive of the changes noted:
The negative impacts of short term rentals on Old Town North including loud parties,
erosion of community feel, parking, trash, and safety.
Although the full time residents are a cohesive group, it’s almost impossible to create a
resilient neighborhood with transitory neighbors (i.e. check on packages, borrow from,
or look for one another.)
Non-primary short term rental operators could still have financially viable uses of the
property if the proposed Land Use Code changes pass.
Neighbors feeling like they have to police the activity of short term rentals.
o Community members opposed to the Land Use Code changes noted:
The various measures Non-Primary Short Term Rental license holders have
implemented to address impacts of short term rentals on Old Town North including Good
neighbor agreements, evictions, blacklisting disrespectful guests, parking/trash
management.
Concerns that regulations single out Old Town North and is not equitable.
The City has ways to address negative impacts of short term rentals without banning
new Non-primary Short Rental licenses.
PUBLIC OUTREACH
Prior to January 2017, staff met with individual stakeholder groups, the Visit Fort Collins Board, the Fort
Collins Board of Realtors, and hosted three community open houses in 2016.
Non-statistically valid online surveys were also conducted, including one targeted to neighbors of licensed
STRs. The topic of STRs has been very polarized throughout the community. Since the first outreach STR
hosts have wanted some level of regulation and neighbors have expressed a high level of concern about
neighborhood quality.
The focus of neighbor concerns includes the following:
A desire to classify STR operation as a commercial use not a residential use.
General neighborhood impacts such as parking, noise, and lack of understanding of neighborhood
norms.
A loss of “neighborhood fabric” by not having permanent neighbors who are part of the community.
The existing regulations were designed to create a balance between protecting neighborhood quality and
allowing this unique opportunity within our community.
Page 141
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 5
Although not all complaints come through the City’s Access Fort Collins report system, since 2017 the City
has received 183 complaints through that system for the Old Town North neighborhood. Out of these 63
specifically included in the description wording Short Term Rentals. It is unclear if the other reports
submitted are connected to a Short-Term Rental. These complaints were investigated by the appropriate
departments.
As mentioned earlier, an open house meeting was conducted for the Old Town North neighborhood on
February 3, 2025, at the Old Town Library. Since then, several emails have been sent to
CityLeaders@fcgov.com providing feedback consistent with what we heard at the open house.
ATTACHMENTS
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 106, 2025
Page 142
Item 9.
-1-
ORDINANCE NO. 106, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO REMOVE NON-PRIMARY
SHORT TERM RENTALS FROM THE COMMUNITY
COMMERCIAL – NORTH COLLEGE DISTRICT
A. In 2017, the City adopted short term rental (“STR”) licensing regulations in
the Code of the City of Fort Collins (“City Code”) and associated Land Use Code text
amendment regarding STRs.
B. The licensing regulations and zoning use restrictions adopted in 2017 were
in response to community concerns regarding STRs and were adopted for the purposes
described in City Code Section 15-640 as follows:
1. Ensuring the safety of renters of short term rentals;
2. Mitigating the impacts of short term rentals on neighborhoods;
3. Maintaining and enhancing neighborhood livability;
4. Promoting a fair operating environment for all persons in the business of
providing lodging or transient accommodation; and
5. Facilitating ongoing data collection to further evaluate the impact of STRs
on the neighborhoods in which they are located and on affordab le housing.
C. Consistent with the purposes for adopting short term rental regulations and
in response to further City evaluation of short term rentals and changing conditions, the
short term rental regulations were subsequently amended in 2017, 2019, and 20 24.
D. To achieve the stated purposes, the City established both primary STRs
and non-primary STRs with the principal difference being that the former requires the
license holder to reside on the lot where the STR is located while the latter does not .
E. The determination of where to initially allow primary or non -primary STRs,
or both, was made with the intent of mitigating the negative impacts of STRs by preventing
STRs from being established in strictly residential zones and allowing them in zones with
a greater mix of uses.
F. In initially determining where to allow each type of STR, the City reviewed
the existing use list for each zoning district. Primary STRs were similar to the bed and
breakfast use which requires an on-site manager residing on the property and were
determined to be appropriate in zones with mixed uses but tending towards a more
residential character. In contrast, non-primary STRs were similar to lodging
establishments that do not need a residential on-site manager and were determined to
be appropriate in zones with mixed uses but tending towards a more retail or commercial
character.
G. The Community Commercial – North College (“CCN”) zone district was
designed for the fringes of retail/commercial core areas and corridors and intended for
Page 143
Item 9.
-2-
moderate intensity uses that support the commercial core or corridor and help to create
a transition and link between the commercial areas and surrou nding residential areas.
The CCN includes two areas in the City, one of which is the Old Town North neighborhood
located east of North College Avenue and north of East Vine Drive.
H. In 2017 when the STR regulations were adopted, the area s zoned CCN
were less developed but had the potential to develop with a greater mix of commercial
uses. Based upon these conditions in 2017, allowing both primary and non -primary STRs
as allowed uses subject to licensing in the CCN district was consistent with the purpose
of the adopted STR regulations.
I. Since 2017, the Old Town North neighborhood has developed a greater mix
of residential uses instead of the anticipated commercial uses, resulting in an area that is
residential but still supports the retail core areas of North College Avenue and serves as
a transition and link between surrounding neighborhoods.
J. The City averages between 375 and 400 STR licenses each year, with three
primary STR licenses and 73 non -primary STR licenses issued in the Old Town North
neighborhood. Approximately 25% of the dwellings in the Old Town North neighborhood
are licensed for STR use and this is proportionately high in comparison to any other
neighborhood in the City.
K. Since 2017, the City has continued to receive numerous complaints from
residents in the Old Town North neighborhood regarding nuisance issues, including
noise, parking, and trash, and regarding the overall lack of community and ability to build
community due to the transient occupancy of STRs in the neighborhood.
L. Based upon the ongoing complaints regarding STRs, City staff conducted
neighborhood outreach, including a neighborhood meeting, in 2025 to better understand
and discuss the concerns of Old Town North neighborhood residents and STR owners.
Based upon this outreach and discussion, City staff is recommending a Land Use Code
text amendment to eliminate non-primary STRs in the CCN to mitigate the negative
impacts and achieve the purposes of the City’s STR regulations. City staff is also
recommending an amendment to the City Code STR regulations to allow existing non -
primary STR licensees to continue to be eligible for renewal.
M. At its May 15, 2025, regular meeting, the Planning and Zoning Commission
on a 3 to 2 vote recommended that Council adopt the proposed Land Use Code change
to amend the Land Use Code to remove non-primary STRs as a use in the CCN.
N. In order to achieve the purposes of the City’s adopted STR regulations,
especially mitigating the impacts of short term rentals on neighborhoods and maintaining
and enhancing neighborhood livability, and in consideration of the proportionately high
concentration of non-primary STR licenses in the Old Town North neighborhood, the
development pattern since 2017 of a greater mix of residential uses instead of the
anticipated commercial uses in the Old Town North neighborhood, and the comments of
Page 144
Item 9.
-3-
Old Town North neighborhood residents regarding the negative impacts of non -primary
STRs in their neighborhood, City Council finds that a Lan d Use Code text amendment to
remove non-primary STRs in the CCN is justified.
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 the Table of Residential Uses contained in Division 4.2 of the Land
Use Code is hereby amended to read as shown on Exhibit A, attached hereto and
incorporated herein by this reference.
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Brad Yatabe
Exhibits: Exhibit A – Table of Residential Uses contained in Division 4.2 of the Land
Use Code, as amended
Page 145
Item 9.
EXHIBIT A TO ORDINANCE NO. 106, 2025
Table of Residential Uses contained in Division 4.2 of the Land Use Code, as revised
Page 146
Item 9.
File Attachments for Item:
10. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, sets ballot language regarding
a proposed amendment to the City Charter resulting from the Charter Update Project and submits 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. Updates were made on First Reading to clarify that any
person, whether appointed or elected to fill a vacancy on the Council, is considered to have served a
term in that office for purposes of applying the term limit if they serve in total more than one-half of
the term of office, unless the partial term was served before 2026.
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.
Page 147
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Carrie Daggett, City Attorney
Delynn Coldiron, City Clerk
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, sets ballot language regarding
a proposed amendment to the City Charter resulting from the Charter Update Project and submits 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. Updates were made on First Reading to clarify that any person,
whether appointed or elected to fill a vacancy on the Council, is considered to have served a term
in that office for purposes of applying the term limit if they serve in total more than one-half of the
term of office, unless the partial term was served before 2026.
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
On February 27, 2024, Council adopted eleven resolutions establishing 2024-2026 Council Priorities.
Among the adopted resolutions is Resolution 2024-024, Adopting a 2024-2026 Council Priority to
Modernize and Update the City Charter. The Resolution describes the Priority as follows:
Modernize and Update the City Charter
Although small parts of the Charter get reviewed and updated on a regular basis, due to changes in state
laws and election procedures, there is a need to modernize and update the City Charter, which has not
been done in a comprehensive way in over 25 years.
The Council further discussed this Priority at the May 14, 2024, Work Session, identifying as the objectives
for this work:
1. Comprehensive review of City Charter to align with state law and legal developments;
Page 148
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
2. Update language in Charter to be inclusive;
3. Focus on cleanup and modernization rather than policy changes;
4. Evaluate form and timing options for presenting updates to voters; and
5. Fresh look at how Charter language is presented for ease of reading and clarity.
Staff from the City Attorney’s Office, City Clerk’s Office and City Manager’s Office worked with special legal
counsel retained for this project, Geoff Wilson of the law firm Wilson Williams Fellman Dittman LLP, to
identify aspects of the City Charter to be modernized, reconciled with statutory and other legal changes,
simplified and revised for readability.
The Council discussed concepts for and approaches to the Charter Updates at Work Sessions on
December 10, 2024, and January 28, 2025, and in April adopted Ordinances Nos. 063, 2025, through 067,
2025. At that time, a sixth item, related to Charter amendments to update the Council vacancy provisions,
was postponed to allow for additional Council discussion.
The Council discussed the vacancy process amendment and related concepts at its June 3, 2025, Work
Session and provided feedback regarding the provisions. Taking the Councilmember feedback into
account, Charter revisions have been prepared and incorporated into the Ordinance to propose
amendments as follows:
Amend Section 1 of Article II to clarify that any person, whether appointed or elected to fill a vacancy
on the Council, is considered to have served a term in that office for purposes of applying the term limit
in Section 1 if they serve in total more than one-half of the term of office.
Amend Section 18 to update the process for filling vacancies in the office of the Mayor and district
Councilmember in light of state and related local law changes to election processes and timing, and
provide that:
a. If a district Councilmember office becomes vacant, the vacancy will be publicly and
promptly announced on the City’s website; and
b. If a district Councilmember office becomes vacant, Council then has 35 business days to
choose a new member; and
c. The office that has been vacated will appear on the next regular municipal election ballot
for which the process requirements can be met.
d. If that office is already set for an upcoming ballot, it will proceed regardless of the vacancy.
e. If the office of Mayor becomes vacant, the Mayor Pro Tem will become the acting Mayor
upon the date of vacancy and the Council will elect a new Mayor Pro Tem at their next
meeting; and
f. The Council will fill the district Council seat temporarily open due to the assumption of the
office of Acting Mayor by the Mayor Pro Tem; and
g. The term of the appointed replacement district Councilmember will continue through the
earlier of the return of the Acting Mayor to their original district Councilmember office or
the end of the original term of office.
If approved, related Ordinance No. 108, 2025, will submit to a vote of the Registered Electors in the City
of Fort Collins a proposed Charter Amendment Amending the City Charter regarding the vacancy process
as follows:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Page 149
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Shall the Charter of the City of Fort Collins be amended to revise Section 1 and Section 18 of
Article II to update the process for filling a vacant district Councilmember or Mayoral office and to
clarify how existing term limits apply to partial terms to fill a vacancy, by:
Adding a new subsection (e) to Section 1 of Article II providing that if a person serves a total
of more than one-half a term in office, this will count as a term when determining term limits;
and
Revising Section 18 of Article II to:
o Add procedural steps including public announcement of a vacancy and acceptance
of applications to the process for filling vacancies;
o Require Council to appoint a replacement to fill a District Councilmember vacancy
within 35 business days;
o Retain the provision that if the Mayor office is vacated, the Mayor Pro Tem becomes
the Acting Mayor and Council selects a new Mayor Pro Tem during the time there is
an Acting Mayor;
o Require the Council to fill the district Councilmember seat that is vacant for the time
the Mayor Pro Tem serves as Acting Mayor using the vacancy filling process;
o Provide that any vacated office will appear on the next regular municipal election
ballot for which process requirements can be met; and
o State that if there is no qualified candidate for an elected office on a municipal
election ballot, the Council organized after the election will then appoint a qualified
person to fill the resulting vacancy?
______ Yes/For
______ No/Against
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Ordinance reflects the Council’s June 3, 2025, Work Session discussion.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No.108, 2025, showing adopted changes
2. Ordinance No. 108, 2025
Page 150
Item 10.
-1-
ORDINANCE NO. 108, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING SECTIONS 1 AND 18 OF ARTICLE II
OF THE CITY CHARTER RELATED TO VACANCIES AND
APPLICATION OF TERM LIMITS TO PARTIAL TERMS
A.The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City. The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B.Over time, Charter provisions may become obsolete, contradictory, or
warrant change to address current needs or trends.
C.Article IV, Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31 -
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the City Council submitting a proposed amendment to a vote of the registered electors
of the City.
D.On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E.At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
F.At its December 10, 2024, and January 28, 2025 , and June 3, 2025, work
sessions, the Council provided positive feedback to staff in support of addres sing the
Charter provisions about filling vacancies on Council.
G.In the past, questions have arisen about the process for filling a Council
office vacancy and Council wishes to revise the Charter to clarify and update that process.
H.Questions also have arisen about whether a partial term of a person who is
either appointed or elected to fill a vacant Council seat will be considered to have served
a term in that office. The proposed amendment to Section 1 of Article II clarif ies that any
person, whether appointed or elected to fill a vacancy on the Council, is considered to
have served a term in that office for purposes of applying the term limit if they serve in
Ordinance No. 108, 2025, showing adopted changes
Page 151
Item 10.
-2-
total more than one-half of the term of office, unless the partial term was served before
2026.
I. The proposed amendments to Section 18 u pdate the process for filling
vacancies in the office of the Mayor and district Councilmember in light of state and
related local law changes to election processes and timing, and provide that:
a. If a district Councilmember office becomes vacant, the vacancy will be
publicly and promptly announced on the City’s website; and
b. If a district Councilmember office becomes vacant, Council then has 35
business days to choose a new member; and
c. The office that has been vacated will appear on the next regular
municipal election ballot for which the process requirements can be met.
d. If that office is already set for an upcoming ballot it will proceed
regardless of the vacancy.
e. If the office of Mayor becomes vacant, the Mayor Pro Tem will become
the acting Mayor upon the date of vacancy and the Council will elect a
new Mayor Pro Tem at their next meeting; and
f. The Council will fill the district Council seat temporarily open due to the
assumption of the office of Acting Mayor by the Mayor Pro Tem; and
g. The term of the appointed replacement district Councilmember will
continue through the earlier of the return of the Acting Mayor to their
original district Councilmember office or the end of the original te rm of
office.
J. The Council finds that these proposed revisions to Article II of the City
Charter, regarding filling vacancies in a City Council or Mayor office and the application
of a term limit to a partial term, are for the benefit of the people of Fort Collins, and the
Council desires to present the amendments to Article II set forth below to the voters for
approval at the November 4, 2025, municipal election.
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 following proposed changes to Article II, of the Charter of the
City of Fort Collins shall be submitted to the registered electors of the City as a Proposed
Charter Amendment at the municipal election to be held on Tuesday, November 4, 2025:
Ordinance No. 108, 2025, showing adopted changes
Page 152
Item 10.
-3-
ARTICLE II. City Council
. . .
Section 1. Membership, Terms.
. . .
(e) Application of term limit to partial term.
Any person appointed or elected to fill a vacancy on the City Council and who serves a
total of at least one-half of the term of office shall be considered to have served that term
in that office for the purposes of applying the applicable term limit.
. . .
Section 18. Vacancies.
(a) Vacancy. A vacancy exists when a Councilmember:
. . .
(b) Vacancy announcement. The City Clerk will promptly announce a vacancy to the
public on the City’s website upon receipt of notice of the vacancy.
(c) Qualifications. Any person appointed to office must have all qualifications for that
office described in Section 2 of this Article. In the case of a person appointed to fill a
vacant district Councilmember seat, they must be from the same District, as such District
is constituted at the time of the appointment. In order to be considered for appointment
an applicant must submit all application materials as may be required.
(d) Appointment assistance. At City Council’s direction, the City Clerk will solicit and
receive appointment applications any time after the vacancy announcement.
(e) Filling a district Councilmember vacancy.
(1) In the event of a vacancy, the seated City Council will make diligent efforts
to appoint within thirty-five (35) business days of announcement a qualified
candidate to serve in the vacated office until a successor is elected. This
provision shall not apply to partial terms served before 2026.
(2) The Council’s appointment will continue until the swearing in of a qualified
elected candidate for the vacated office.
(3) The vacated office will appear on the first regular municipal election for
which the requirements for candidacy can be met, either to elect an officeholder to
complete the original term of office or to elect a new officeholder to begin a new
term of office pursuant to the regular alternating schedule pursuant to Section 1(b).
(f) Lack of candidate. If there is no qualified candidate for an elected office on a
municipal election ballot, the Council organized after such election will then appoint a
qualified person to serve until the next regular election.
Ordinance No. 108, 2025, showing adopted changes
Page 153
Item 10.
-4-
(g) Mayoral vacancy. If a vacancy occurs in the office of the Mayor:
(1) The Mayor Pro Tem will become Acting Mayor when the vacancy is
effective.
(2) Council will elect an Interim Mayor Pro Tem at the next regular or special
Council meeting after the vacancy is effective.
(3) The Council will fill the district Councilmember seat temporarily open du e to
the assumption of Acting Mayor by the Mayor Pro Tem by appointment using the
process set forth in this Section. The term of such appointed district
Councilmember replacement will continue through the earlier of the return of the
Acting Mayor to their original office, or the end of their original term of office.
(4) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember
from standing for election to the office of Mayor.
Except for the office of Mayor, any vacancy on the Council must be filled within forty-five
(45) days by appointment of the Council. The person so appointed shall serve until the
next regular election, when the electors will select a person to fill the vacancy for the
remainder of the term, if any. This selection process shall be subject to the following
exception: If the time for filling the vacancy by appointment would fall within forty-five (45)
days prior to any regular election, and the remaining unexpired term of the
Councilmember to be replaced is more than two (2) years, then the vacancy shall be filled
by the newly constituted Council following their election, within forty -five (45) days after
their terms of office begin.
Under this exception, the term of office of the Councilmember appointed shall run for the
remainder of the replaced Councilmember's term. Any person appointed to fill a
Councilmember's vacated position shall have all the qualifications required of regularly
elected Councilmembers. In the case of a vacancy representing a member elected from
a District, any person appointed or elected to fill such vacancy shall be from the same
District, as such District is constituted at the time of the appointment or election.
(b) The following shall apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five (45) days prior to
the next regular election, the Mayor Pro Tem shall become Acting Mayor, and
the Council shall elect a new Mayor Pro Tem. Both the Acting Ma yor and Mayor
Pro Tem shall serve until the next regular election, at which time the office of
Mayor shall be filled by the electors for a new term, and the Acting Mayor and
Mayor Pro Tem shall resume their duties as Councilmembers for the remainder
of their unexpired terms of office, if any. The vacancy on the Council created by
the Mayor Pro Tem assuming the office of Mayor shall be filled in accordance
with the provisions of Section 18(a) above.
(2) If the position of Mayor becomes vacant within the for ty-five (45) days prior to
any regular election, the duties of the Mayor shall be immediately assumed by
the Mayor Pro Tem, who shall serve as Acting Mayor until said regular election,
Ordinance No. 108, 2025, showing adopted changes
Page 154
Item 10.
-5-
at which time the office of Mayor shall be filled by the electors for a new term.
Pending the election and the commencement of the term of the newly elected
Mayor, the Council shall consist of six (6) members, and the Council shall elect
an interim Mayor Pro Tem. After the election, the Acting Mayor and Interim
Mayor Pro Tem shall resume their duties as Councilmembers for the remainder
of their unexpired terms of office, if any.
(3) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from
standing for election to the office of Mayor.
Section 2. The following ballot title and submission clause are hereby adopted
for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall the Charter of the City of Fort Collins be amended to revise Section 1 and
Section 18 of Article II to update the process for filling a vacant district Councilmember
or Mayoral office and to clarify how existing term limits apply to partial terms to fill a
vacancy, by:
Adding a new subsection (e) to Section 1 of Article II providing that if a person
serves a total of more than one-half a term in office, this will count as a term
when determining term limits, unless the partial term was served before
2026; and
Revising Section 18 of Article II to:
o Add procedural steps including public announcement of a vacancy
and acceptance of applications to the process for filling vacancies;
o Require Council to appoint a replacement to fill a District
Councilmember vacancy within 35 business days;
o Retain the provision that if the Mayor office is vacated, the Mayor Pro
Tem becomes the Acting Mayor and Council selects a new Mayor
Pro Tem during the time there is an Acting Mayor;
o Require the Council to fill the district Councilmember seat that is
vacant for the time the Mayor Pro Tem serves as Acting Mayor using
the vacancy filling process;
o Provide that any vacated office will appear on the next regular
municipal election ballot for which process requirements can be met;
and
Ordinance No. 108, 2025, showing adopted changes
Page 155
Item 10.
-6-
o State that if there is no qualified candidate for an elected office on a
municipal election ballot, the Council organized after the election will
then appoint a qualified person to fill the resulting vacancy?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Carrie Daggett
Exhibit: None
Ordinance No. 108, 2025, showing adopted changes
Page 156
Item 10.
-1-
ORDINANCE NO. 108, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY OF FORT COLLINS A PROPOSED CHARTER
AMENDMENT AMENDING SECTIONS 1 AND 18 OF ARTICLE II
OF THE CITY CHARTER RELATED TO VACANCIES AND
APPLICATION OF TERM LIMITS TO PARTIAL TERMS
A. The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City. The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B. Over time, Charter provisions may become obsolete, contradictory, or
warrant change to address current needs or trends.
C. Article IV, Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31-
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the City Council submitting a proposed amendment to a vote of the registered electors
of the City.
D. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. At its May 14, 2024, work session, the Council provided positive feedback to
staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
F. At its December 10, 2024, and January 28, 2025, and June 3, 2025, work
sessions, the Council provided positive feedback to staff in support of addressing the
Charter provisions about filling vacancies on Council.
G. In the past, questions have arisen about the process for filling a Council
office vacancy and Council wishes to revise the Charter to clarify and update that process.
H. Questions also have arisen about whether a partial term of a person who is
either appointed or elected to fill a vacant Council seat will be considered to have served
a term in that office. The proposed amendment to Section 1 of Article II clarif ies that any
person, whether appointed or elected to fill a vacancy on the Council, i s considered to
have served a term in that office for purposes of applying the term limit if they serve in
Page 157
Item 10.
-2-
total more than one-half of the term of office, unless the partial term was served before
2026.
I. The proposed amendments to Section 18 update the process for filling
vacancies in the office of the Mayor and district Councilmember in light of state and
related local law changes to election processes and timing, and provide that:
a. If a district Councilmember office becomes vacant, the vacancy will be
publicly and promptly announced on the City’s website; and
b. If a district Councilmember office becomes vacant, Council then has 35
business days to choose a new member; and
c. The office that has been vacated will appear on the next regular
municipal election ballot for which the process requirements can be met.
d. If that office is already set for an upcoming ballot it will proceed
regardless of the vacancy.
e. If the office of Mayor becomes vacant, the Mayor Pro Tem will become
the acting Mayor upon the date of vacancy and the Council will elect a
new Mayor Pro Tem at their next meeting; and
f. The Council will fill the district Council seat temporarily open due to the
assumption of the office of Acting Mayor by the Mayor Pro Tem; and
g. The term of the appointed replacement district Councilmember will
continue through the earlier of the return of the Acting Mayor to their
original district Councilmember office or the end of the original term of
office.
J. The Council finds that these proposed revisions to Article II of the City
Charter, regarding filling vacancies in a City Council or Mayor office and the application
of a term limit to a partial term , are for the benefit of the people of Fort Collins, and the
Council desires to present the amendments to Article II set forth below to the voters for
approval at the November 4, 2025, municipal election.
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 following proposed changes to Article II, of the Charter of the
City of Fort Collins shall be submitted to the registered electors of the City as a Proposed
Charter Amendment at the municipal election to be held on Tuesday, November 4, 2025:
Page 158
Item 10.
-3-
ARTICLE II. City Council
. . .
Section 1. Membership, Terms.
. . .
(e) Application of term limit to partial term.
Any person appointed or elected to fill a vacancy on the City Council and who
serves a total of at least one-half of the term of office shall be considered to have
served that term in that office for the purposes of applying the applicable term limit.
This provision shall not apply to partial terms served before 2026.
. . .
Section 18. Vacancies.
(a) Vacancy. A vacancy exists when a Councilmember:
. . .
(b) Vacancy announcement. The City Clerk will promptly announce a vacancy to the
public on the City’s website upon receipt of notice of the vacancy.
(c) Qualifications. Any person appointed to office must have all qualifications for that
office described in Section 2 of this Article. In the case of a person appointed to fill a
vacant district Councilmember seat, they must be from the same District, as such District
is constituted at the time of the appointment. In order to be considered for appointment
an applicant must submit all application materials as may be required.
(d) Appointment assistance. At City Council’s direction, the City Clerk will solicit and
receive appointment applications any time after the vacancy announcement.
(e) Filling a district Councilmember vacancy.
(1) In the event of a vacancy, the seated City Council will make diligent efforts
to appoint within thirty-five (35) business days of announcement a qualified
candidate to serve in the vacated office until a successor is elected .
(2) The Council’s appointment will continue until the swearing in of a qualified
elected candidate for the vacated office.
(3) The vacated office will appear on the first regular municipal election for
which the requirements for candidacy can be met, either to elect an officeholder to
complete the original term of office or to elect a new officeholder to begin a new
term of office pursuant to the regular alternating schedule pursuant to Section 1(b).
Page 159
Item 10.
-4-
(f) Lack of candidate. If there is no qualified candidate for an elected office o n a
municipal election ballot, the Council organized after such election will then appoint a
qualified person to serve until the next regular election.
(g) Mayoral vacancy. If a vacancy occurs in the office of the Mayor:
(1) The Mayor Pro Tem will become Acting Mayor when the vacancy is
effective.
(2) Council will elect an Interim Mayor Pro Tem at the next regular or special
Council meeting after the vacancy is effective.
(3) The Council will fill the district Councilmember seat temporarily open due to
the assumption of Acting Mayor by the Mayor Pro Tem by appointment using the
process set forth in this Section. The term of such appointed district
Councilmember replacement will continue through the earlier of the return of the
Acting Mayor to their original office, or the end of their original term of office.
(4) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember
from standing for election to the office of Mayor.
Except for the office of Mayor, any vacancy on the Council must be filled within forty-five
(45) days by appointment of the Council. The person so appointed shall serve until the
next regular election, when the electors will select a person to fill the vacancy for the
remainder of the term, if any. This selection process shall be subject to the following
exception: If the time for filling the vacancy by appointment would fall within forty-five (45)
days prior to any regular election, and the remaining unexpired term of the
Councilmember to be replaced is more than two (2) years, then the vacancy shall be filled
by the newly constituted Council following their election, within forty-five (45) days after
their terms of office begin.
Under this exception, the term of office of the Councilmember appointed shall run for the
remainder of the replaced Councilmember's term. Any person appointed to fill a
Councilmember's vacated position shall have all the qualifications required of regularly
elected Councilmembers. In the case of a vacancy rep resenting a member elected from
a District, any person appointed or elected to fill such vacancy shall be from the same
District, as such District is constituted at the time of the appointment or election.
(b) The following shall apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five (45) days prior to
the next regular election, the Mayor Pro Tem shall become Acting Mayor, and
the Council shall elect a new Mayor Pro Tem. Both the Acting Mayor and Mayor
Pro Tem shall serve until the next regular election, at which time the office of
Mayor shall be filled by the electors for a new term, and the Acting Mayor and
Mayor Pro Tem shall resume their duties as Councilmembers for the remainder
of their unexpired terms of office, if any. The vacancy on the Council created by
the Mayor Pro Tem assuming the office of Mayor shall be filled in accordance
with the provisions of Section 18(a) above.
Page 160
Item 10.
-5-
(2) If the position of Mayor becomes vacant within the forty-five (45) days prior to
any regular election, the duties of the Mayor shall be immediately assumed by
the Mayor Pro Tem, who shall serve as Acting Mayor until said regular election,
at which time the office of Mayor shall be filled by the electors for a new term.
Pending the election and the commencement of the term of the newly elected
Mayor, the Council shall consist of six (6) members, and the Council shall elect
an interim Mayor Pro Tem. After the election, the Acting Mayor and Interim
Mayor Pro Tem shall resume their duties as Councilmembers for the remainder
of their unexpired terms of office, if any.
(3) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from
standing for election to the office of Mayor.
Section 2. The following ballot title and submission clause are hereby adopted
for submitting a Proposed Charter Amendment to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall the Charter of the City of Fort Collins be amended to revise Section 1 and
Section 18 of Article II to update the process for filling a vacant district Councilmember
or Mayoral office and to clarify how existing term limits apply to partial terms to fill a
vacancy, by:
Adding a new subsection (e) to Section 1 of Article II providing that if a person
serves a total of more than one-half a term in office, this will count as a term
when determining term limits, unless the partial term was served before
2026; and
Revising Section 18 of Article II to:
o Add procedural steps including public announcement of a vacancy
and acceptance of applications to the process for filling va cancies;
o Require Council to appoint a replacement to fill a District
Councilmember vacancy within 35 business days;
o Retain the provision that if the Mayor office is vacated, the Mayor Pro
Tem becomes the Acting Mayor and Council selects a new Mayor
Pro Tem during the time there is an Acting Mayor;
o Require the Council to fill the district Councilmember seat that is
vacant for the time the Mayor Pro Tem serves as Acting Mayor using
the vacancy filling process;
o Provide that any vacated office will appear on the next regular
municipal election ballot for which process requirements can be met;
and
Page 161
Item 10.
-6-
o State that if there is no qualified candidate for an elected office on a
municipal election ballot, the Council organized afte r the election will
then appoint a qualified person to fill the resulting vacancy?
______ Yes/For
______ No/Against
Introduced, considered favorably on first reading on June 17, 2025, and approved
on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Carrie Daggett
Exhibit: None
Page 162
Item 10.
File Attachments for Item:
11. Second 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.
This Ordinance, unanimously adopted on First Reading on June 17, 2025, finalizes the Charter
Amendments to be placed on the November 4, 2025, ballot and sets the preferred order for
them.
Page 163
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
SUBJECT
Second 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.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on June 17, 2025, finalizes the Charter
Amendments to be placed on the November 4, 2025, ballot and sets the preferred order for them.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
On February 27, 2024, Council adopted eleven resolutions establishing 2024-2026 Council Priorities.
Among the adopted resolutions is Resolution 2024-024, Adopting a 2024-2026 Council Priority to
Modernize and Update the City Charter. The Resolution describes the Priority as follows:
Modernize and Update the City Charter
Although small parts of the Charter get reviewed and updated on a regular basis, due to changes in state
laws and election procedures, there is a need to modernize and update the City Charter, which has not
been done in a comprehensive way in over 25 years.
The Council further discussed this Priority at the May 14, 2024, Work Session, identifying as the objectives
for this work:
1. Comprehensive review of City Charter to align with state law and legal developments;
2. Update language in Charter to be inclusive;
3. Focus on cleanup and modernization rather than policy changes;
4. Evaluate form and timing options for presenting updates to voters; and
5. Fresh look at how Charter language is presented for ease of reading and clarity.
Page 164
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 5
Staff from the City Attorney’s Office, City Clerk’s Office and City Manager’s Office worked with special legal
counsel retained for this project, Geoff Wilson of the law firm Wilson Williams Fellman Dittman LLP, to
identify aspects of the City Charter to be modernized, reconciled with statutory and other legal changes,
simplified and revised for readability.
At its December 10, 2024, Work Session, Council considered various categories of changes, including:
1. Clean Up Items which included modernization of language, ensuring alignment with State law, adding
clarification, and making corrections; and
2. Clarifications that raised some policy questions which included qualifications of candidates and
members, vacancies, conflicts of interest, and sales to the City.
At its January 28, 2025, Work Session, Council considered reformatting the existing Charter and replacing
outdated or unclear language as well as suggestions on topical groupings and prioritization for presentation
to voters. The groupings considered included:
1. Group and Priority 1 - Corrections;
2. Group and Priority 2 – Alignment with amended or further developed laws and removing inconsistencies;
3. Group and Priority 3 – Modernizing publication requirements;
4. Group and Priority 4 – Modernizing conflicts of interest;
5. Group and Priority 5 – Vacancies; and
6. Group and Priority 6 – Repeal provisions made unnecessary due to changes in law or circumstances.
Additional items discussed included campaign contributions and absences from Council meetings.
The Council has adopted the following Ordinances:
A. Ordinance No. 063, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending Articles II, IX, and X of the City Charter to Correct Errors and
Conform to Amendments Adopted in November 2024. This includes:
Clarifying in Section 2(d) of Article II that a registered elector must notify the City Clerk before seeking
a court determination to challenge the qualifications of any member of the Council; and
Updating language in Section 2(e)(1) of Article IX about determining the number of votes cast in a
specific race to work with the new ranked voting rules that were approved in November 2024; and
Changing language in Section 2(e)(1) of Article X to restore the number of days for a signature gatherer
to circulate an initiative petition by increasing it from 63 days to 77 days;
B. Ordinance No. 064, 2025, Submitting to a Vote of the Registered Electors of the Cit y of Fort Collins a
Proposed Charter Amendment Amending Articles II, IV and XIII of the City Charter Related to Alignment
with Amended or Further Developed Laws and Removing Inconsistencies. This includes:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to Council elections for consistency
with state law;
o Continue to prohibit a political party, public service corporations, and persons or entities with city
contracts from contributing to any City Council election, while recognizing that some speech is
protected by the U.S. or Colorado constitution;
Page 165
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
Adding definitions to Article XIII to correspond to the changes to Article II; and
Adding language to Section 11 of Article II incorporating state law provisions regarding City Council
executive sessions; and
Clarifying language in Section 5 of Article IV that City records are available for public inspection and
disclosure consistent with state open records laws;
C. Ordinance No. 065, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins A
Proposed Charter Amendment Amending Articles II and IV of the City Charter to Modernize Certain
Provisions. This includes:
Revising Section 6 of Article II about adopting ordinances, resolutions, and motions to:
o Make the provision easier to read and understand by adding subsections, subsection titles and
better organizing them;
o Remove language entitling any Councilmember to request that an entire ordinance be read aloud
at a Council meeting; and
Revising Section 7 of Article II about publication and effective date of ordinances to:
o Allow an ordinance to proceed to adoption if publication of the ordinance before adoption was not
timely, so long as all other notice requirements have been met; and
o Cure late publication of ordinance after final passage if publication completed within a reasonable
period of time; and
o Delay the effective date of the ordinance until publication requirements are met; and
o Toll the deadline to file a notice of referendum protest; and
Revising Section 7 of Article IV to require notice be published on the City’s website and posted at City
Hall, instead of publishing formal legal notices in a local newspaper; and
Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins about how to apply
deadlines throughout the Charter in the manner already enacted for Articles VIII, IX and X;
D. Ordinance No. 066, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending Article IV of the City Charter Related to Conflicts of Interest. This
includes:
Allowing City Councilmembers or the Mayor to sell real property to the city if the property is needed for
a city project or public use, while retaining all requirements for disclosure and refraining from
involvement that otherwise apply in the case of a conflict of interest; and
Allowing City employees to rent property from the city with City Manager approval, if it is for the city’s
benefit and related to the employee’ s performance of their job; and
E. Ordinance No. 067, 2025, Submitting to a Vote of the Registered Electors of the City of Fort Collins a
Proposed Charter Amendment Amending the City Charter to Modernize and Update It by Reformatting
and Updating Language Usage for Ease of Reading and Clarity and Eliminating Inapplicable and Invalid
Provisions. This includes:
Changing the words “ shall” to “ will,”“ must” or “may,” or other words to improve clarity; and
Making the language more inclusive by taking out words “ he” and “ she” and related word forms; and
Page 166
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
Dividing sections into subsections and adding titles to subsections to make them easier to read and
understand; and
Eliminating transitional provisions that:
o Address residency requirements for City department heads appointed prior to March 6, 1985
(Section 3 of Article IV); and
o Set a mill levy cap on Council’ s adoption of taxes (Section 6 of Article lV), which Council must now
adopt only with voter approval; and
o Provide for transition from the prior Charter when the Charter was adopted (Article XIV); and
Renumbering and updating section cross- references throughout the Charter.
These Ordinances were adopted on second reading on April 15, 2025.
At its June 3, 2025, Work Session, Council discussed changes related to vacancies and supported staff
bringing back a related Charter Amendment for consideration on June 17, 2025. If approved, related
Ordinance 109, 2025, will submit to a vote of the Registered Electors in the City of Fort Collins a proposed
Charter Amendment Amending the City Charter regarding the vacancy process. This includes:
Adding a new subsection (e) to Section 1 of Article II providing that if a person serves a total of more
than one-half a term in office, this will count as a term when determining term limits; and
Revising Section 18 of Article II to:
o Add procedural steps including public announcement of a vacancy and acceptance of
applications to the process for filling vacancies;
o Require Council to appoint a replacement to fill a District Councilmember vacancy within 35
business days;
o Retain the provision that if the Mayor office is vacated, the Mayor Pro Tem becomes the Acting
Mayor and Council selects a new Mayor Pro Tem during the time there is an Acting Mayor;
o Require the Council to fill the district Councilmember seat that is vacant for the time the Mayor
Pro Tem serves as Acting Mayor using the vacancy filling process;
o Provide that any vacated office will appear on the next regular municipal election ballot for which
process requirements can be met; and
o State that if there is no qualified candidate for an elected office on a municipal election ballot,
the Council organized after the election will then appoint a qualified person to fill the resulting
vacancy.
At the June 3, 2025 Work Session, Council was supportive of the following order for the Charter
Amendment ballot questions:
• Ordinance No. 063, 2025, Proposed Charter Amendment Amending Articles II, IX, and X of the City
Charter to Correct Errors and Conform to Amendments Adopted in November 2024.
• Ordinance No. 067, 2025, Proposed Charter Amendment Amending the City Charter to Modernize
and Update It by Reformatting and Updating Language Usage for Ease of Reading and Clarity and
Eliminating Inapplicable and Invalid Provisions.
• Ordinance No. 065, 2025, Proposed Charter Amendment Amending Articles II and IV of the City
Charter to Modernize Certain Provisions.
• Ordinance No. 064, 2025, Proposed Charter Amendment Amending Articles II, IV and XIII of the
Page 167
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 5
City Charter Related to Alignment with Amended or Further Developed Laws and Removing
Inconsistencies.
• Ordinance No. 066, 2025, Proposed Charter Amendment Amending Article IV of the City Charter
Related to Conflicts of Interest.
• Ordinance No. 108, 2025, 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.
Each of the above-referenced Ordinances included the ballot language as stated.
Approval of this item will confirm the Charter Amendments that will be placed on the November 4, 2025
ballot in Council’s preferred order.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Ordinances reflect the recommendations of the Election Code Committee and Council.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in June 17, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 109, 2025
Page 168
Item 11.
-1-
ORDINANCE NO. 109, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING THE CHARTER AMENDMENTS TO APPEAR ON
THE NOVEMBER 4, 2025, MUNICIPAL ELECTION BALLOT AND
THE RELATED BALLOT ORDER
A. The City of Fort Collins Charter is the governing document that defines the
City organization and the powers and functions of the City. The Charter was first created
by a vote of the people of Fort Collins in 1954 and can only be amended by a vote of the
people.
B. Over time, Charter provisions may become obsolete, contradictory, or
warrant change to address current needs or trends.
C. Article IV, Section 8 of the Charter provides the Charter may be amended
as provided by the laws of the State of Colorado. Colorado Revised Statutes Section 31-
2-210 provides that charter amendments may be initiated by the adoption of an ordinance
by the City Council submitting a proposed amendment to a vote of the registered electors
of the City.
D. On February 27, 2024, the City Council adopted Resolution 2024 -024,
which adopted a Council priority to modernize and update the City Charter. Resolution
2024-24 noted that although small parts of the Charter are reviewed and updated on a
regular basis, there is a need to modernize and update the City Charter, which has not
been done in over 25 years.
E. At its May 14, 2024, W ork Session, the Council provided positive feedback
to staff in support of conducting a comprehensive review of the City Charter to align with
state law and legal developments; update language in the Charter to be inclusive; focus
on cleanup and modernization rather than policy changes and to make changes for ease
of reading and clarity.
F. City staff presented various options, including the possible groupings of
amendments, to City Council at W ork Sessions held on December 10, 2024, January 28,
2025, and June 3, 2025.
G. On April 15, 2025, Council adopted on second reading Ordinances No. 063,
No. 064, No. 065, No. 066 and No. 067, setting ballot titles and submittal clauses for the
Charter amendments as set forth in those Ordinances.
H. At its June 3, 2025, Work Session, Council discussed pote ntial Charter
revisions to update the Council vacancy process, and discussed the Council’s preferred
order of the various ballot questions on the November 4, 2025, regular municipal election
ballot.
Page 169
Item 11.
-2-
I. The Council continues to desire that the ballot titles and submittal clauses
set forth below in this Ordinance be submitted to the registered electors of the City of Fort
Collins at the November 4, 2025, regular municipal election, in the order provided below.
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 following ballot title and submission clause , as set out in
Ordinance No. 063, 2025, are hereby adopted as Proposed Charter Amendment No. 1 to
be submitted to the registered electors of the City of Fort Collins at the November 4, 2025,
regular municipal election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 1
Shall Articles II, IX, and X of the Charter of the City of Fort Collins, be amended
to correct errors and eliminate outdated or unnecessary language in light of the
Charter amendments adopted in November 2024, by:
Clarifying in Section 2(d) of Article II that a registered elector must notify the
City Clerk before seeking a court determination to challenge the qualifications
of any member of the Council; and
Updating language in Section 2(e)(1) of Article IX about determining the
number of votes cast in a specific race to work with the new ranked voting rules
that were approved in November 2024; and
Changing language in Section 2(e)(1) of Article X to restore the number of days
for a signature gatherer to circulate an initiative petition by increasing it from 63
days to 77 days?
______ Yes/For
______ No/Against
Section 2. The following ballot title and submission clause, as set out in
Ordinance No. 067, 2025, are hereby adopted as Proposed Charter Amendment No. 2 to
be submitted to the registered electors of the City of Fort Collins at the November 4, 2025,
regular municipal election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 2
Shall the Charter of the City of Fort Collins be amended to modernize and
update it by reformatting and updating language usage for ease of reading and
clarity, and eliminating inapplicable and invalid provisions, without undoing any
Page 170
Item 11.
-3-
substantive Charter amendments approved by the voters at the Tuesday,
November 4, 2025, municipal election, by:
Changing the words "shall" to "will," "must" or “may,” or other words to improve
clarity; and
Making the language more inclusive by taking out words "he” and “she” a nd
related word forms; and
Dividing sections into subsections and adding titles to subsections to make
them easier to read and understand; and
Eliminating transitional provisions that
o Address residency requirements for City department heads appointed prior
to March 6, 1985 (Section 3 of Article IV); and
o Set a mill levy cap on Council’s adoption of taxes (Section 6 of Article IV),
which Council must now adopt only with voter approval; and
o Provide for transition from the prior Charter when the Charter was ado pted
(Article XIV); and
Renumbering and updating section cross-references throughout the Charter?
______ Yes/For
______ No/Against
Section 3. The following ballot title and submission clause , as set out in
Ordinance No. 065, 2025, are hereby adopted as Proposed Charter Amendment No. 3 to
be submitted to the registered electors of the City of Fort Collins at the November 4, 2025,
regular municipal election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 3
Shall Articles II and IV of the Charter of the City of Fort Collins, be amended to
modernize publication requirements and requirements for adopting ordinances, by:
Revising Section 6 of Article II about adopting ordinances, resolutions, and
motions to:
o Make the provision easier to read and understand by adding subsections,
subsection titles and better organizing them;
o Remove language entitling any Councilmember to request that an entire
ordinance be read aloud at a Council meeting; and
Revising Section 7 of Article II about publication and effective date of
ordinances to:
o Allow an ordinance to proceed to adoption if publication of the ordinance
before adoption was not timely, so long as all other notice requirements
have been met; and
Page 171
Item 11.
-4-
o Cure late publication of ordinance after final passage if publication
completed within a reasonable period of time; and
o Delay the effective date of the ordinance until publication requirements are
met; and
o Toll the deadline to file a notice of referendum protest; and
Revising Section 7 of Article IV to require notice be published on the City’s
website and posted at City Hall, instead of publishing formal legal notices in a
local newspaper; and
Adding a new Section 17 to Article IV of the Charter of the City of Fort Collins
about how to apply deadlines throughout the Charter in the manner already
enacted for Articles VIII, IX and X?
______ Yes/For
______ No/Against
Section 4. The following ballot title and submission clause , as set out in
Ordinance No. 064, 2025, are hereby adopted as Proposed Charter Amendment No. 4 to
be submitted to the registered electors of the City of Fort Collins at the November 4, 2025,
regular municipal election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 4
Shall Articles II, IV, XIII of the Charter of the City of Fort Collins be amended to
improve consistency with amended or further developed laws and removing
inconsistencies, in order to minimize conflicts between the Charter legal
developments, by:
Changing Section 8 of Article II about contributions to City Council elections to:
o Specify which city employees are prohibited from contributing to Council
elections for consistency with state law;
o Continue to prohibit a political party, public service corporations, and
persons or entities with city contracts from contributing to any City Council
election, while recognizing that some speech is protected by the U.S. or
Colorado constitution;
Adding definitions to Article XIII to correspond to the changes to Article II; and
Adding language to Section 11 of Article II incorporating state law provisions
regarding City Council executive sessions; and
Clarifying language in Section 5 of Article IV that City records are available for
public inspection and disclosure consistent with state open records laws?
Page 172
Item 11.
-5-
______ Yes/For
______ No/Against
Section 5. The following ballot title and submission clause , as set out in
Ordinance No. 066, 2025, are hereby adopted as Proposed Charter Amendment No. 5 to
be submitted to the registered electors of the City of Fort Collins at the November 4, 2025,
regular municipal election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 5
Shall Section 9 of Article IV of the Charter of the City of Fort Collins, regarding
conflicts of interest, be amended to:
Allow City Councilmembers or the Mayor to sell real property to the city if the
property is needed for a city project or public use, while retaining all
requirements for disclosure and refraining from involvement that otherwise
apply in the case of a conflict of interest; and
Allow City employees to rent property from the city with City Manager approval,
if it is for the city’s benefit and related to the employee’s performance of their
job?
______ Yes/For
______ No/Against
Section 6. The following ballot title and submission clause , as set out in
Ordinance No. 108, 2025, are hereby adopted as Proposed Charter Amendment No. 6 to
be submitted to the registered electors of the City of Fort Collins at the November 4, 2025,
regular municipal election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. 6
Shall the Charter of the City of Fort Collins be amended to revise Section 1 and
Section 18 of Article II to update the process for filling a vacant district
Councilmember or Mayoral office and to clarify how existing term limits apply to
partial terms to fill a vacancy, by:
Adding a new subsection (e) to Section 1 of Article II providing that if a person
serves a total of more than one-half a term in office, this will count as a term
when determining term limits; and
Page 173
Item 11.
-6-
Revising Section 18 of Article II to:
o Add procedural steps including public announcement of a vacancy and
acceptance of applications to the process for filling vacancies;
o Require Council to appoint a replacement to fill a District Councilmember
vacancy within 35 business days;
o Retain the provision that if the Mayor office is vacated, the Mayor Pro Tem
becomes the Acting Mayor and Council selects a new Mayor Pro Tem
during the time there is an Acting Mayor;
o Require the Council to fill the district Councilmember seat that is vacant for
the time the Mayor Pro Tem serves as Acting Mayor using the vacancy
filling process;
o Provide that any vacated office will appear on the next regular municipal
election ballot for which process requirements can be met; and
o State that if there is no qualified candidate for an elected office on a
municipal election ballot, the Council organized afte r the election will then
appoint a qualified person to fill the resulting vacancy?
______ Yes/For
______ No/Against
Section 7. The Council hereby directs the City Clerk to publish all required
notices for these proposed Charter amendments including such corrections and editorial
adjustments as may be needed.
Section 8. The Council hereby directs the City Clerk submit to the Larimer
County Clerk and Recorder the foregoing ballot titles and submission clauses, as set forth
herein, including such corrections and editorial adjustments as may be needed.
Page 174
Item 11.
-7-
Introduced, considered favorably on first reading on June 17, 2025, and
approved on second reading for final passage on July 1, 2025.
______________________________
Mayor Pro Tem
ATTEST:
______________________________
City Clerk
Effective Date: July 11, 2025
Approving Attorney: Carrie Daggett
Exhibit: None
Page 175
Item 11.
File Attachments for Item:
12. First Reading of Ordinance No. 110, 2025, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services.
The purpose of this item is to request an appropriation of $134,447 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 176
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Emily Land, Director of Philanthropy & Strategic Partnerships
SUBJECT
First Reading of Ordinance No. 110, 2025, Appropriating Unanticipated Philanthropic Revenue
Received Through City Give for Various Programs and Services.
EXECUTIVE SUMMARY
The purpose of this item is to request an appropriation of $134,447 in philanthropic revenue received
through City Give. These miscellaneous gifts to various City departments support a variety of programs
and services and are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations in 2025 totaling $134,447 to support various
departments, and these funds are currently unappropriated. Both Section 2.5 of the City's Financial
Management Policy 2 – Revenue, as approved by City Council, and the Administrative Philanthropic
Governance Policy 6.04, adopted by the City Manager, (together the “City Give Policies”), provide the
bases and processes for the responsible and efficient management of charitable donations to the City.
Gifts totaling $134,447 have been received for various programs and services, including gifts of $38,000
received from Bohemian Foundation for the collaborative maintenance of Pianos About Town, $20,000
from Elevations Credit Union for support of the 4th of July Community Celebration, $14,949.77 from the
estate of Patricia Berhost designated for the Pottery Studio, $10,000 from the Geroy family in support of
the K9 Unit, $10,000 each received from The Daniels Fund and AXON in support of the 2025 Police
Leaders Summit, $8,750 from Snow Charities for Youth Sports, and gifts totaling $22,747 in support of
various City programs and services.
Page 177
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The respective donors have directed the City to use these generous donations for designated purposes
within, and to benefit, City service areas and programs.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will appropriate in the current fiscal year into the Funds as detailed in the
table below in new philanthropic revenue received by City Give in the amount of $134,447 and authorize
expenditures against those revenues for the purposes and in the amounts as directed by donors to support
various City departments, programs, and services.
Fund Project Amount
Lapsing/Non-
lapsing
Cultural Services & Facilities Creative District $7,500 Non-lapsing
Cultural Services & Facilities Pianos About Town $38,000 Non-lapsing
Cultural Services & Facilities Lincoln Center $500 Lapsing
Cultural Services & Facilities
Lincoln Center Summer
Concert $3,607 Lapsing
Cultural Services & Facilities Visual Arts $1,000 Lapsing
General Next Gen, Volunteers $40 Lapsing
General Share Some Shade $450 Lapsing
General Share Some Shade $450 Lapsing
General Living Tribute Tree $500 Lapsing
General Living Tribute Tree $500 Lapsing
General Living Tribute Tree $500 Lapsing
General Living Tribute Tree $1,000 Lapsing
General Tribute Bench $1,000 Lapsing
General Pollinators in Parks $2,000 Lapsing
General 2025 Police Leaders Summit $10,000 Lapsing
General 2025 Police Leaders Summit $10,000 Lapsing
General K9 $10,000 Lapsing
General 4th of July $20,000 Lapsing
Light & Power Payment Assistance Fund $500 Non-lapsing
Recreation Pool Tables $200 Lapsing
Recreation Youth Sports $8,750 Lapsing
Recreation Pottery Studio $14,950 Lapsing
Transportation Services Open Streets $3,000 Lapsing
The donations will be expended from the designated fund solely for the donors’ directed purpose. The
funds have been received and accepted according to City Give Policies.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 178
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 110, 2025
Page 179
Item 12.
-1-
ORDINANCE NO. 110, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED THROUGH CITY GIVE FOR VARIOUS
PROGRAMS AND SERVICES
A. The City has received generous donations in 2025 through its City Give
program, both large and modest, as philanthropic gifts to the public and the City programs
and activities to serve the community.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting programs or capital
expenses throughout the city, including, but not limited to, cultural programs, public
safety, parks and recreation, and utility payment assistance.
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 appropriations described in
Section 1 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the respective funds
named in Section 1 will not cause the total amount appropriated in each such fund to
exceed the current estimate of actual and anticipated revenues to be received in those
funds during this fiscal year.
E. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiratio n of the donation or the
City’s expenditure of all funds received from such donation .
F. The City Council wishes to designate the appropriation s herein for the
donations to the Creative District, Pianos About Town and Payment Assistance Fund as
appropriations that shall not lapse until the earlier of the expiration of the donation or the
City’s expenditure of all funds received from such donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 180
Item 12.
-2-
Section 1. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2025 to be expended as designated by the donors in
support of the various City programs and services described below:
Fund Project Amount
Lapsing/Non-
lapsing
Cultural Services &
Facilities Creative District $7,500 Non-lapsing
Cultural Services &
Facilities Pianos About Town $38,000 Non-lapsing
Cultural Services &
Facilities Lincoln Center $500 Lapsing
Cultural Services &
Facilities
Lincoln Center Summer
Concert $3,607 Lapsing
Cultural Services &
Facilities Visual Arts $1,000 Lapsing
General Next Gen, Volunteers $40 Lapsing
General Share Some Shade $450 Lapsing
General Share Some Shade $450 Lapsing
General Living Tribute Tree $500 Lapsing
General Living Tribute Tree $500 Lapsing
General Living Tribute Tree $500 Lapsing
General Living Tribute Tree $1,000 Lapsing
General Tribute Bench $1,000 Lapsing
General Pollinators in Parks $2,000 Lapsing
General 2025 Police Leaders Summit $10,000 Lapsing
General 2025 Police Leaders Summit $10,000 Lapsing
General K9 $10,000 Lapsing
General 4th of July $20,000 Lapsing
Light & Power Payment Assistance Fund $500 Non-lapsing
Recreation Pool Tables $200 Lapsing
Recreation Youth Sports $8,750 Lapsing
Recreation Pottery Studio $14,950 Lapsing
Transportation Services Open Streets $3,000 Lapsing
Section 2. The appropriation herein for the donations to the Creative District,
Pianos About Town and Payment Assistance Fund are hereby designated, as authorized
in Article V, Section 11 of the City Charter, as appropriations that shall not lapse at the
end of this fiscal year but until the earlier of the expiration of the donation or the City’s
expenditure of all funds received from such donation.
Page 181
Item 12.
-3-
Introduced, considered favorably on first reading on July 1, 2025, and approved
on second reading for final passage on July 15, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: July 25, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 182
Item 12.
File Attachments for Item:
13. First Reading of Ordinance No. 111, 2025, Appropriating Prior Year Reserves to
Support the Gardens on Spring Creek Master Plan, Strategic Plan, and Interpretive Plan.
The purpose of this item is to consider an appropriation of $150,000 from Gardens on Spring
Creek reserves to engage consultant(s) who will facilitate development of a Master Plan,
Strategic Plan, and Interpretive Plan.
Page 183
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kim Manajek, Gardens on Spring Creek Director
Eileen May, Director, Cultural Services
SUBJECT
First Reading of Ordinance No. 111, 2025, Appropriating Prior Year Reserves to Support the
Gardens on Spring Creek Master Plan, Strategic Plan, and Interpretive Plan.
EXECUTIVE SUMMARY
The purpose of this item is to consider an appropriation of $150,000 from Gardens on Spring Creek
reserves to engage consultant(s) who will facilitate development of a Master Plan, Strategic Plan, and
Interpretive Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance.
BACKGROUND / DISCUSSION
The Gardens on Spring Creek was fortunate to have doubled its size in 2019. Unfortunately, this
expansion was quickly followed by the Covid pandemic. The unprecedented disruption stalled growth
and momentum. It is only recently that our “normal” state is coming into focus. This coincides with a
change in leadership and an expiration of all of our planning documents. We are at the perfect moment
in the history of our organization to reassess and redefine ourselves. Having lived with our newly
expanded facility for about five years, we know that there are things that need to be addressed in order
to maximize our potential and meet the demands of our visitors, such as accessibility improvements. To
most effectively define work plans, budgets, and priorities, we need a revised Master Plan to create a
road map for future capital improvements, a refreshed Strategic Plan to layout operational goals, and
an Interpretive Plan to guide our messaging, curriculum development, and garden interpretation.
Addressing all of these components as a single project will give us the ability to make efficient use of
public input and take advantage of all the ways these plans will overlap.
In 2025, The Gardens completed an Organizational Assessment. The recommendations of this effort,
based on benchmarking and stakeholder feedback, support these planning initiatives as a logical next
step. In the face of softening sales tax / general fund revenues in the City, the fundamental goal with
this investment is to define a future financially sustainable path for The Gardens.
The Gardens’ current unaudited, unrestricted 2024 year-end fund balance is $607,731. With Council
approval of this appropriation, Purchasing will issue an RFP for a competitive bidding process that will
establish the actual expense.
Page 184
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
If adopted, this Ordinance will appropriate $150,000 from reserves. This requires no subsidy from the
General Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 111, 2025
Page 185
Item 13.
- 1 -
ORDINANCE NO. 111, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES TO SUPPORT THE
GARDENS ON SPRING CREEK MASTER PLAN, STRATEGIC
PLAN, AND INTERPRETIVE PLAN
A. The Gardens on Spring Creek’s (the “Gardens”) Master Plan, Strategic
Plan, and Interpretive Plan (the “Plans”) are outdated and require updating to allow the
Gardens to effectively define work plans, budgets and priorities. Hiring one or more
consultants to facilitate the development of new Plans will cost approxi mately $150,000.
The Gardens has sufficient reserves to pay for the cost of consultants ; however, an
appropriation is required for the Gardens to access those funds.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of allowing the City to plan for the
efficient administration of a public facility.
C. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemen tal appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
D. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Cultural Services and Facilities Fund and that this appropriation
will not cause the total amount appropriated in the Cultural Services and Facilities Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from prior year reserves in the Cultural
Services and Facilities Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000) to be expended in the Cultural Services and Facilities Fund for The Gardens
on Spring Creek Master Plan, Strategic Plan, and Interpretive Plan.
Page 186
Item 13.
- 2 -
Introduced, considered favorably on first reading on July 1, 2025, and approved
on second reading for final passage on July 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 25, 2025
Approving Attorney: Ted Hewitt
Exhibit: None
Page 187
Item 13.
File Attachments for Item:
14. First Reading of Ordinance No. 112, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Safe Routes to School Zach Elementary
School Project.
The purpose of this item is to provide a supplemental appropriation to the Safe Routes to
School (SRTS) Zach Elementary School Project (Project). Poudre School District (PSD)
contributed $25,000 to the Project and this contribution was incorrectly appropriated in
Ordinance No. 144, 2023. If approved, this item will correct this error and correctly appropriate
the $25,000 PSD contribution to the Project. No new funding will be appropriated to the Project.
As no new funding is being appropriated, there is no proposed additional contribution to the Art
in Public Places (APP) program.
Page 188
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Gunnar Hale, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 112, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Safe Routes to School Zach Elementary School Project.
EXECUTIVE SUMMARY
The purpose of this item is to provide a supplemental appropriation to the Safe Routes to School (SRTS)
Zach Elementary School Project (Project). Poudre School District (PSD) contributed $25,000 to the Project
and this contribution was incorrectly appropriated in Ordinance No. 144, 2023. If approved, this item will
correct this error and correctly appropriate the $25,000 PSD contribution to the Project. No new funding
will be appropriated to the Project. As no new funding is being appropriated, there is no proposed additional
contribution to the Art in Public Places (APP) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Zach Elementary School is located on the south side of Kechter Road (Attachment 2), a high-traffic, high-
volume arterial street in southeast Fort Collins. Zach Elementary students who live north of Kechter must
cross the road to get to school. Many of the streets and roads in this area either lack sidewalks altogether
or have substandard sidewalks, and there is a lack of multi-use trail connectivity in this southeastern area
of the City. Zach Elementary has high numbers of students who bike, walk, or roll to school. Those students
who live south of the school experience safer routes to school via low-traffic, low-volume residential streets
with sidewalks. Other students who live north of the school must cross Kechter to get to school, making
their journey much more challenging and riskier due to the existing suboptimal crossings at Kechter Road
and Jupiter Drive and at Kechter Road and Cinquefoil Lane. Due to the Jupiter/Kechter intersection not
being fully signalized, a traffic-control contractor is required to keep students safe when crossing Kechter
(at both morning arrival time and afternoon dismissal time).
There have been four rear-end crashes reported in this location between 2017 and 2022, one of which
occurred during school dismissal time and one that involved a pedestrian who suffered serious injuries.
The improvements proposed as part of the Project will create space and infrastructure intended to eliminate
most of the conflicts that result in crashes in this location. The improvements at the Jupiter/Kechter
intersection include a new fully signalized intersection with pedestrian walk signals and a new bike-
Page 189
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
pedestrian crossing. The improvements at the Cinquefoil/Kechter intersection include a median refuge
island and flashing signal.
In 2023 a Colorado Department of Transportation (CDOT) SRTS grant was awarded to the City for the
design and construction of the Project. The SRTS and local match funding was appropriated by City Council
in November 2023 (Ordinance No. 144, 2023). A supplemental appropriation was approved by City Council
in November 2024 (Ordinance No. 139, 2024) to fund additional concrete work and acquisition of temporary
construction easements that were not originally identified as part of the Project. The design of the
improvements is complete and temporary construction easements have been secured. Construction is
planned to begin in July 2025 and to be completed before school begins in mid-August.
The initial appropriation of the PSD contribution ($25,000) was incorrectly appropriated to the Project. This
action will correctly appropriate the PSD contribution to the Project. No new funding is being appropriated
with this action. There is no additional APP contribution needed with this action.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Safe Routes to School Zach Elementary School Project.
The total fund amount projected for this Project is $1,381,984 composed of funds appropriated with prior
actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project has received full environmental and historical clearances through CDOT during the design,
acquisition, and construction phases. The two appropriations for the Project were authorized by City
Council in November 2023 and November 2024.
The Bicycle Advisory Committee (BAC), Bike Fort Collins (BFC), North Front Range Metropolitan Planning
Organization (NFRMPO), Poudre School District (PSD), and Zach Elementary School have reviewed and
are in support of the Project.
Page 190
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
Project information was shown at the Transportation Projects Fairs in February 2024. Staff developed and
implemented a comprehensive Public Engagement Plan for the Project and construction is scheduled.
Additionally, per requirements of the CDOT grant agreement, the City’s SRTS program will provide
educational activities for Zach Elementary School students, staff, and parents. The activities will relate the
proper use of the new infrastructure provided by the Project.
ATTACHMENTS
1. Ordinance No. 144, 2023 (for reference)
2. SRTS Zach Elementary School - Vicinity Map
3. Ordinance No. 112, 2025
Page 191
Item 14.
ORDINANCE NO.144,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE FROM A
CDOT SAFE ROUTES TO SCHOOL GRANT AND AUTHORIZING
TRANSFERS FOR THE ZACK ELEMENTARY SCHOOL CROSSINGS
PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS,Zach Elementary School is located on the south side of Kechter Road,a high-
volume arterial street in southeast Fort Collins;and
WHEREAS,many of the streets and roads in this area either lack sidewalks altogether or
have substandard sidewalks,and there is a lack of multi-use trail connectivity in this southeastern
area of Fort Collins;and
WHEREAS,Zach Elementary School has high numbers of students who bike,walk,or roll
to school;and
WHEREAS,Zach Elementary students who live south of the school experience safer routes
to school via low-traffic,low-volume residential streets with sidewalks;and
WHEREAS,Zach Elementary students who live north of the arterial must cross Kechter
Road to get to school,making their journey much more challenging and riskier due to the existing
suboptimal crossings at Kechter Road and Jupiter Drive and at Kechter Road and Cinquefoil Lane;
and
WHEREAS,due to the Jupiter/Kechter intersection not being fully signalized,a traffic-
control contractor is required to keep students safe when crossing Kechter at both morning arrival
time and afternoon dismissal time;and
WHEREAS,there have been four rear-end crashes reported in this location between 2017
and 2022,one of which occurred during school dismissal time and one that involved a pedestrian
who suffered serious injuries;and
WHEREAS,the Zach Elementary School Crossings Project (the “Project”)has been
developed to address these safety concerns and eliminate most of the conflicts that result in crashes
presented by both the Jupiter/Kechter and Cinquefoil/Kechter intersections;and
WHEREAS,the Project’s proposed improvements at the Jupiter/Kechter intersection will
include a new fully signalized intersection with pedestrian “walk”signals and a new bike
pedestrian crossing;and
WHEREAS,the Project’s proposed improvements at the Cinquefoil/Kechter intersection
will include a median refuge island and flashing signal;and
COP
Y
Page 192
Item 14.
WHEREAS,the City was awarded a Colorado Department of Transportation (“CDOT”)
Safe Routes to School (“SRTS”)grant for the design and construction of the Project,and the SRTS
funding became available to the City in the State fiscal year 2024,which began July 2023;and
WHEREAS,the SRTS grant funds for the Project are to be administered by CDOT with
project delivery oversight pursuant to an intergovernmental agreement (the “IGA”)with CDOT
that outlines the terms and conditions of the use of the SRTS grant funds,which funds require an
eighty percent to twenty percent (“80%/209’“)federal to local funding split;and
WHEREAS,the 80%120%funding split for this award is $745, 587 in federal funds and
187, 397 in local funds;and
WHEREAS,the City’s local match is being transferred from the SRTS School
Transportation Safety Studies business unit in the Transportation Services Fund in the amount of
101,000 and from the Community Capital Improvement Program Fund Bicycle Community
Capital Improvement Program (“Bicycle CCIP”)business unit in the amount of $46,397 and
Pedestrian Community Capital Improvement Program (“Pedestrian CCIP”)business unit in the
amount of $40,000;and
WHEREAS,the City anticipates receiving a $25,000 contribution for the Project from the
Poudre School District pursuant to an IGA,which will reimburse portions of the appropriated
Bicycle CCIP and Pedestrian CCIP funds;and
WHEREAS,the purpose of this Ordinance is to enable the City to receive and expend the
available grant funds and to appropriate those funds;and
WHEREAS,this appropriation benefits public health,safety and welfare of the people of
Fort Collins and serves the public purpose of improving transportation infrastructure within the
City and accommodating multimodal transportation and safety;and
WHEREAS,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 program
APP Program”);and
WHEREAS,the project cost of $101,000 in this Ordinance contributed by the
Transportation Services Fund of prior appropriated monies from the SRTS School Transportation
Safety Studies business unit is applicable for contribution to the APP Program;and
WHEREAS,the Bicycle CCIP and Pedestrian CCIP funds APP Program contribution was
previously appropriated;and
WHEREAS,the CDOT SRTS grant funds appropriated in this Ordinance for the Zack
Elementary School Crossings Project are ineligible for use in the APP Program due to restrictions
placed on them by the SRTS grant administered by CDOT;and
COP
Y
Page 193
Item 14.
WHEREAS,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;and
WHEREAS,the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the
Transportation Services Fund and the Community Capital Improvement Program Fund and will
not cause the total amount appropriated in the Transportation Services Fund and Community
Capital Improvement Program 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;and
WHEREAS,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;and
WHEREAS,the City Manager has recommended the transfer of $86,397 from the
Community Capital Improvement Program Fund to the Capital Projects Fund for the Project and
determined that the purpose for which the transferred funds are to be expended remains unchanged;
and
WHEREAS,the City Manager has recommended the transfer of $101,000 from the
Transportation Services Fund to the Capital Projects Fund for the Project and determined that the
purpose for which the transferred funds are to be expended remains unchanged;and
WHEREAS,the City Manager has recommended the transfer of $1,010 from the Capital
Projects Fund to the Cultural Services &Facilities Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged;and
WHEREAS,Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal,state or private grant or
donation,that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made,but continue until the earlier of the expiration of the federal,state or private
grant or donation or the City’s expenditure of all funds received from such grant or donation;and
WHEREAS,the City Council wishes to designate the appropriation herein from the SRTS
grant as an appropriation that shall not lapse until the earlier of the expiration of the grant or the
City’s expenditure of all funds received from such grant.
COP
Y
Page 194
Item 14.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2.That there is hereby appropriated from new revenue or other funds from the
Safe Routes to School (SRTS)grant in the Capital Projects Fund the sum of SEVEN HUNDRED
FORTY-FIVE THOUSAND FIVE HUNDRED EIGHTY-SEVEN DOLLARS ($745,587)to be
expended in the Capital Projects Fund for the Zack Elementary School Crossings project.
Section 3.That the unexpended and unencumbered appropriated amount of ONE
HUNDRED ONE THOUSAND DOLLARS ($101, 000)is authorized for transfer from the
Transportation Services Fund to the Capital Project Fund and appropriated therein to be expended
for the Zack Elementary School Crossings project.
Section 4.That the unexpended and unencumbered appropriated amount of EIGHTY-
SIX THOUSAND THREE HUNDRED NINETY-SEVEN DOLLARS ($86,397)is authorized for
transfer from the Community Capital Improvement Program Fund to the Capital Project Fund and
appropriated therein to be expended for the Zack Elementary School Crossings project.
Section 5.That the unexpended and unencumbered appropriated amount of SEVEN
HUNDRED EIGHTY-EIGHT DOLLARS ($788)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 6.That the unexpended and unencumbered appropriated amount of TWO
HUNDRED TWO DOLLARS ($202)in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the operation
costs of the APP Program.
Section 7.That the unexpended and unencumbered appropriated amount of TWENTY
DOLLARS ($20)in the Capital Project Fund is authorized for transfer to the Cultural Services and
Facilities Fund and appropriated and expended therein for the maintenance costs of the APP
Program.
Section 8.That the appropriation herein from the SRTS grant is hereby designated,as
authorized in Article V,Section 11 of the City Charter,as an appropriation that shall not lapse at
the end of this fiscal year but continue until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
COP
Y
Page 195
Item 14.
October,2023,and to be presented for final passage on the
1stI
ATTEST:1c~EAUi ,
tp5——~L
Introduced,considered favorably on first reading and ordered published this 17th day of
day of No’-ber,2023.
City Clerk
j
Passed and adopted on final reading this 21st day of
ATTEST:
COP
Y
Page 196
Item 14.
Page 197
Item 14.
- 1 -
ORDINANCE NO. 112, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE SAFE ROUTES
TO SCHOOL ZACH ELEMENTARY SCHOOL PROJECT
A. The Safe Routes to School (“SRTS”) Zach Elementary School Project (the
“Project”) has been developed to address safety concerns and eliminate most of the
conflicts that result in crashes presented by both the existing suboptimal crossings at
Kechter Road and Jupiter Drive and at Kechter Road and Cinquefoil Lane.
B. In 2023 a Colorado Department of Transportation (“CDOT”) SRTS grant
was awarded to the City for the design and construction of the Project. The SRTS and
local match funding was appropriated by City Council in November 2023 , in Ordinance
No. 144, 2023. A supplemental appropriation was approved by City Council in November
2024, in Ordinance No. 139, 2024, to fund additional concrete work and acquisition of
temporary construction easements that were not originally identified as pa rt of the Project.
The design of the improvements is complete and temporary construction easements have
been secured. Construction is planned to begin in July 2025 and to be completed before
school begins in mid-August.
C. Poudre School District (“PSD”) will contribute $25,000 to the Project.
Ordinance No. 144, 2023, noted that the City anticipated receiving a $25,000 contribution
for the Project from the PSD, which would reimburse portions of the appropriated
Community Capital Improvement Program (“CCIP”) funds from the Bicycle and
Pedestrian CCIP programs. The CCIP funding was used to fully fund the Project while
the City awaited the PSD contribution. The PSD contribution was received in 2024.
D. This Ordinance will appropriate the $25,000 PSD contribution to the Project
and allow for the transfer to the CCIP, reimbursing these funds for fronting the funding to
Project. The new funding is being appropriated strictly for the reimbursement, not as
additional Project funding. The PSD contribution ($25,000) to the capital Project allows
the previous CCIP budget contribution of $86,398 to be reduced to $61,398. This
Ordinance reimburses the CCIP funds for the $25,000 used to fully fund the Project
budget at its inception. The Project budget ($1,381,984) is not increasing.
E. This Ordinance will also transfer previously appropriated money from CCIP
Pedestrian Sidewalks project account and CCIP Bicycle Infrastructure improvements
project account to the Zach Elementary capital project, each in the amount of $30,699,
for a total of $61,398. It also closes previously used accounts in order to streamline the
business side of the project. These appropriations will be executed within the Capital
Projects Fund.
F. No additional contribution to the Art in Public Places (APP) program is
required, because it was addressed in Ordinance No. 144, 2023.
Page 198
Item 14.
- 2 -
G. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
H. The City Manager has recommended the appropriation of prior year
reserves described herein and determined that the funds to be appropriated are available
and previously unappropriated from the Capital Project Fund and that this appropriation
will not cause the total amount appropriated in the Capital Project Fund to exceed the
current estimate of actual and anticipated revenues and all other funds to be received in
this Fund during this fiscal year.
I. 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.
J. The City Manager has recommended the transfer of $30,699 from the CCIP
Pedestrian Sidewalk – ADA capital account in the Capital Project Fund to the Safe
Routes to School Zach Elementary School Project capital account in the Capital Project
Fund and transfer of $30,699 from the CCIP Bicycle Infrastructure Improvements capital
account in the Capital Project Fund to the Zach Elementary School Project capital account
in the Capital Project Fund and has determined that the purpose for which the transferred
funds are to be expended remains unchanged.
K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation not lapse at the end of the fiscal year in which the appropriation is made,
but continue until the completion of the capital project .
L. The City Council wishes to designate the appropriation herein for the Safe
Routes to School Zach Elementary School Project as an appropriation that will not lapse
until the completion of the project.
M. This appropriation benefits the public health, safety, and welfare of the
residents and traveling public of Fort Collins and serves the public purpose of improving
transportation infrastructure.
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 199
Item 14.
- 3 -
Section 1. There is hereby appropriated from prior year reserves in the Capital
Projects Fund the sum of TWENTY-FIVE THOUSAND DOLLARS ($25,000) to be
expended in the Capital Projects Fund for the Safe Routes to School Zach Elementary
School Project.
Section 2. The unexpended and unencumbered appropriated amount of
THIRTY THOUSAND SIX HUNDRED NINETY-NINE DOLLARS ($30,699) is authorized
for transfer from CCIP Pedestrian Sidewalk – ADA capital project account in the Capital
Project Fund to the Zach Elementary School Project capital account in the Capital Project
Fund and appropriated therein to be expended for Safe Routes to School Zach
Elementary School Project.
Section 3. The unexpended and unencumbered appropriated amount of
THIRTY THOUSAND SIX HUNDRED NINETY-NINE DOLLARS ($30,699) is authorized
for transfer from CCIP Bicycle Infrastructure Improvements capital project account in the
Capital Project Fund to the Zach Elementary School Project capital account in the Capital
Project Fund and appropriated therein to be expended for Safe Routes to School Zach
Elementary School Project
Section 4. The appropriations herein for the Safe Routes to School Zach
Elementary School Project are hereby designated, as authorized in Article V, Section 11
of the City Charter, as appropriations that will not lapse at the end of this fiscal year but
continue until the completion of the project.
Introduced, considered favorably on first reading on July 1, 2025, and approved
on second reading for final passage on July 15, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: July 25, 2025
Approving Attorney: Heather N. Jarvis
Exhibit: None
Page 200
Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 113, 2025, Approving a Collateral Assignment of a
Lease at the Northern Colorado Regional Airport.
The purpose of this item is to request Council approval of a Collateral Assignment of Lease
(“Assignment”) involving CO Fire Aviation Leasing, Inc., the cities of Loveland and Fort Collins
(the “Cities”), and FMS Bank. The Assignment allows CO Fire Aviation Leasing, Inc. (the
“Sublessee”) to assign its leasehold interest as security for a $920,000 loan from FMS Bank (the
“Lender”).
The underlying ground lease permits such assignments with the consent of the Cities. The
Assignment, attached to proposed Ordinance No. 113, 2025, will serve as the Cities’
acknowledgement of the assignment and provide the Lender rights to receive notice of any
Sublessee default, to cure such defaults, and request a new lease of the Sublease is
terminated.
Page 201
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
July 1, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
John S. Kinney, Airport Director
SUBJECT
First Reading of Ordinance No. 113, 2025, Approving a Collateral Assignment of a Lease at the
Northern Colorado Regional Airport.
EXECUTIVE SUMMARY
The purpose of this item is to request Council approval of a Collateral Assignment of Lease (“Assignment”)
involving CO Fire Aviation Leasing, Inc., the cities of Loveland and Fort Collins (the “Cities”), and FMS
Bank. The Assignment allows CO Fire Aviation Leasing, Inc. (the “Sublessee”) to assign its leasehold
interest as security for a $920,000 loan from FMS Bank (the “Lender”).
The underlying ground lease permits such assignments with the consent of the Cities. The Assignment,
attached to proposed Ordinance No. 113, 2025, will serve as the Cities’ acknowledgement of the
assignment and provide the Lender rights to receive notice of any Sublessee default, to cure such defaults,
and request a new lease of the Sublease is terminated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Northern Colorado Regional Airport (the “Airport”) is jointly owned and operated by the Cities of Loveland
and Fort Collins. CO Fire Aviation Leasing, Inc. has a leasehold interest in a hangar facility located at 5263
Stearman Street through its sublease (the “Sublease”) of a ground lease between the Cities and Gamebird
Flyers Condominium Association, dated November 10, 2022 (the “Lease”). The Cities’ written consent is
required under Article 13 of the Lease; this requirement is expressly incorporated in the Sublease, which
requires the Sublessee to comply with all terms of the Lease, including any assignment of its interests.
The Sublessee is seeking financing through the Lender, which has requested a Collateral Assignment of
Lease as a condition of the loan agreement.
The Assignment ensures the Lender:
will receive notice of Sublessee’s default;
has an opportunity to cure defaults on behalf of the Sublessee; and
may request a new lease if the existing Sublease is terminated due to default.
Page 202
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The Assignment expressly provides that it does not subordinate the Cities’ ownership of the leased property
to the Lender’s interest. This term preserves the Cities’ primary rights in the property.
CITY FINANCIAL IMPACTS
There are no material financial impacts to the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
This agreement is consistent with standard airport leasing practices and is supported by the Airport’s
adopted Master Plan and Strategic Plan, which involved significant public input and City Council adoption.
ATTACHMENTS
1. Partial Sublease of Hangar Ground Lease dated January 1, 2024
2. Ordinance No. 113, 2025
Page 203
Item 15.
Page 204
Item 15.
Page 205
Item 15.