HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 08/19/2025City of Fort Collins Page 1 of 11 City Council Summary Agenda
City Council
Regular Meeting Agenda
August 19, 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 Day of August 26, 2025, as Women's Equality Day.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
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• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to speak
during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in person
then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are
not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the July 15, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the July 15, 2025 Regular meeting.
2. Second Reading of Ordinance No. 117, 2025, Making Supplemental Appropriations from
the Colorado Division of Criminal Justice for Restorative Justice Services and Approving
the Intergovernmental Grant Agreement with the Colorado Division of Criminal Justice.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates $35,637
of unanticipated revenue from the Colorado Division of Criminal Justice Juvenile Diversion fund
awarded for the period July 1, 2025 – June 30, 2026, to support the Restorative Justice programs
in the Neighborhood Services Department in Sustainability Services. Restorative Justice
Programs are part of the City’s Conflict Transformation Works team, which also provide mediation
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services. The program will provide restorative justice services as an accountability option for 35
youth referred from the 8th Judicial District Attorney's Office.
3. Second Reading of Ordinance No. 118, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for Transit
Replacement, Enhancement and Maintenance of Assets.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates
unanticipated grant funds.
4. Second Reading of Ordinance No. 119, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for Transit
Operations and Services and Bus Replacement.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates
unanticipated grant funds and transfers previously appropriated grant funds per updated Federal
Transit Authority Grant Award Amounts.
5. Second Reading of Ordinance No. 120, 2025, Making a Supplemental Appropriation,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for
Transfort Maintenance Facility Upgrades and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates
unanticipated grant funds.
6. Items Relating to the Edward Byrne Memorial Justice Assistant Grants.
A. Second Reading of Ordinance No. 121, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Office of Justice Programs 2023 Edward Byrne Memorial Justice
Assistance Grant Program Grant Award for Fort Collins Police Services.
B. Second Reading of Ordinance No. 122, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Office of Justice Programs 2024 Edward Byrne Memorial Justice
Assistance Grant Program Grant Award for Fort Collins Police Services.
These Ordinances, unanimously adopted on First Reading on July 15, 2025, support Fort Collins
Police Services in work performed as a member of the Northern Colorado Drug Task Force, which
is managed by the Larimer County Sheriff’s Department, with both Fort Collins Police Services
and Loveland Police being members. These member agencies support a broad range of activities
to prevent and control drug-related crimes.
Larimer County was awarded two grants, for 2023 and 2024 respectively, through the Edward
Byrne Memorial Justice Assistance Grant (JAG) program in support of operating the Nort hern
Colorado Drug Task Force.
The award for 2023 is $60,434 in total, and Fort Collins Police Services, as a subrecipient of the
grant, receives $18,058 of this 2023 award to support personnel costs and other operating costs
directly attributed to the Northern Colorado Drug Task Force. The award for 2024 is $50,489 in
total, and Fort Collins Police Services, again as a subrecipient, receives $15,025 of this 2024 JAG
grant award also to support personnel costs and other operating costs directly attributable to the
Northern Colorado Drug Task Force.
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7. Second Reading of Ordinance No. 123, 2025, Making a Supplemental Appropriation of
Grant Funds from the Colorado Department of Transportation Highway Safety Office for
Police Services High Visibility Impaired Driving Enforcement FY26 Grant Award.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, supports Fort Collins
Police Services in work performed enforcing Colorado’s impaired driving laws for specific
enforcement periods outlined by the Colorado Department of Transportation. Enforcement
periods typically occur over holidays or periods of increased tourism and travel in the state.
Fort Collins Police Services was awarded $25,474 through the High Visibility Impaired Driving
Enforcement (HVE) grant to support personnel costs and other operating costs directly attributed
to HVE grant activities. Police Services will provide enhanced impaired driving enforcement during
specific time periods and engage in community education and outreach.
8. Second Reading of Ordinance No. 124, 2025, Adopting the 2025 Natural Areas Strategic
Framework as an Element of City Plan and as an Update to the 2014 Natural Areas Master
Plan.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, adopts the 2025 Natural
Areas Strategic Framework, attached as Exhibit A to the Ordinance, which updates the City’s
2014 Natural Areas Master Plan and serves as a systemwide guide for the planning and
management of the Natural Areas Department (NAD) over the coming decade. Rooted in ballot
language, extensive community engagement, and broader City policies, the Framework
articulates an updated vision, set of values, and strategic goals for the Department. It provides
the foundation for action-oriented planning that will be implemented through zone-level
management planning. Adoption of the Framework constitutes an amendment to City Plan under
its provisions for incorporating new elements into the City’s comprehensive plan.
9. Second Reading of Ordinance No. 125, 2025, Authorizing the Conveyance of an Emergency
Access Easement on a Portion of the Larimer County Landfill to Poudre Fire Authority.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, authorizes the
conveyance of one Emergency Access Easement (the “Easement”) on a portion of co-owned City
property presently known as Larimer County Landfill to Poudre Fire Authority.
10. First Reading of Ordinance No. 127, Appropriating Unanticipated Philanthropic Revenue
Received Through City Give for Various Programs and Services as Designated by the
Donors.
The purpose of this item is to recommend an appropriation of $22,050 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 an d the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
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11. First Reading of Ordinance No. 128, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves in the Water Utility Fund for the Lemay Water Line
Replacement Project and to Supplement the 2025 Water Main Operating Budget and
Related Art in Public Places.
The purpose of this item is to request a supplemental appropriation of $3,400,000 in the Water
Utility Fund to fund the Lemay Water Line Replacement Project, and to supplement the 2025
water main operating budget, in addition to an appropriation of $32,000 for Art in Public Places.
The Lemay Water Line Replacement Project is the result of unanticipated and continuous water
leaks occurring since spring 2025. Based on the number and frequency of leaks, approximately
$200,000 has been spent to date on responding to leaks. Considering the condition of the water
line and risk to City staff and the public, the water line needs to be replaced. The $3,432,000
supplemental appropriation serves to: 1) supplement the 2025 water main repairs operating
budget by $200,000 for unanticipated costs incurred to respond to numerous leaks; 2) fund
$3,200,000 for design and construction of a new water line, as well as removal of the existing
water line; and 3) contribute $32,000 for Art in Public Places per Code.
12. First Reading or Ordinance No. 129, 2025, Appropriating Prior Year Reserves in the
Wastewater Utility Fund for the Blower Replacement Project and Related Art in Public
Places.
The purpose of this item is to request additional appropriation of $1,700,000 in the Wastewater
Utility Fund to fund the Blower Replacement Project, in addition to appropriation of $17,000 for
Art in Public Places.
The Blower Replacement Project at the Drake Water Reclamation Facility (DWRF) has
undergone design, up to sixty percent, for replacing two blowers. An additional $1,700,000 from
Wastewater Utility Fund reserves is needed to supplement the existing appropriated budget for
preliminary design. The requested $1,700,000 additional appropriation will fund final design and
installation of both blowers, having a minor contingency to fund unanticipated costs for the
blowers to be placed into service.
13. First Reading of Ordinance No. 130, 2025, Making a Supplemental Appropriation of an
Additional Award from the Colorado Auto Theft Prevention Authority Grant for the Fort
Collins Police Services Property Crimes Unit.
The purpose of this item is to support the Fort Collins Police Services’ Property Crimes Unit by
appropriating $54,200 of unanticipated grant revenue awarded by the Colorado State Patrol
Department of Public Safety.
In July 2025, the Colorado State Patrol awarded Fort Collins Police Services $54,200 as a partner
agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The $54,200
award is under the BATTLE program’s FY26 cycle. These state funds will be used for Police
Services personnel overtime pay to support multiagency and multijurisdictional BATTLE
operations to identify, interdict, investigate, enforce, and prosecute motor vehicle theft-related
crimes.
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14. First Reading Ordinance No. 131, 2025, Making Supplemental Appropriations of Grant
Funds From Colorado Parks and Wildlife for the Soapstone Prairie Headwaters Restoration
Project.
The purpose of this item is to support the Natural Areas Department (“NAD”) in stream and
wetland protection and restoration work at Soapstone Prairie Natural Area. The Soapstone Prairie
Headwaters Stream Restoration Project aims to improve ecological function and habitat in a one-
mile reach of stream and wetland complex at Soapstone Prairie Natural Area. Specifically, the
project will:
- Improve hydrological function and biodiversity for a one-mile reach of stream/wetland complex.
- Create seven pools using beaver dam analog wood structures to support amphibian habitat.
- Incorporate a rest cycle from livestock grazing through wildlife-friendly fencing.
- Include Native and Indigenous community members in restoration planting activities.
NAD was awarded $25,500 through the Colorado Parks and Wildlife (“CPW”) Wetlands for
Wildlife grant (Attachment 1). This grant funds the final phase of the project – adaptive
management and monitoring activities – and follows completion of prior work including design,
construction, and community engagement.
This ordinance will enable the Natural Areas Department to complete the Soapstone Prairie
Headwaters Restoration Project and fulfill final monitoring and reporting obligations under the
CPW grant.
15. First Reading of Ordinance No. 132, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Power Trail and Harmony Grade Separated
Crossing Project and Related Art in Public Places.
The purpose of this item is to appropriate Transportation Capital Expansion Fee (TCEF) funds to
the Power Trail and Harmony Grade Separated Crossing project (Project). The funds will be used
for construction services. If approved, this item will: 1) appropriate $1,500,000 in TCEF funds to
the Project; and 2) appropriate $15,000 (1%) of the TCEF funds to the Art in Public Places (APP)
program.
16. First Reading of Ordinance No. 133, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves for the Epic Pool Ice Center Chiller Replacement and
Rink Renovation Project and Related Art in Public Places.
The purpose of this item is to appropriate $2,000,000 from 2050 Parks & Recreation tax reserves
and $1,000,000 from the Recreation Fund reserves to replace the EPIC Ice Chiller system and
modernize key rink infrastructure, including dasher boards, tempered safety glass, protective
netting, painting and rink flooring.
17. First Reading of Ordinance No. 134, 2025, Authorizing the City of Fort Collins to Lease Real
Property Adjacent to the Overland Electric Substation to Platte River Power Authority for
a Battery Storage Project.
The purpose of this item is to approve a lease agreement between the City and Platte River Power
Authority (PRPA) to lease 27,351 square feet of real property at 401 South Overland Trail within
the existing site parcel. The agreement, which will require only a nominal annual rental payment
by Platte River, allows the parties to evaluate the feasibility of the project and, pending successful
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analysis, proceed with the installation and operation of a 5MW/20MWh utility-side system
connected to Light & Power’s distribution system. Platte River and Light & Power are
collaborating on this project as part of their commitment to a non-carbon future and a reliable
electric grid, with energy storage playing a crucial role in achieving those goals.
18. First Reading of Ordinance No. 135, 2025, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Cordova Road – North of Duff Drive.
The purpose of this item is to authorize the use of eminent domain to acquire right-of-way needed
for constructing the Cordova Road – North of Duff Drive project (Project).
19. Items Relating to Amendments and Updates to Tax Provisions in City Code.
A. First Reading of Ordinance No. 136, 2025, Amending Article III of Chapter 3 of the Code of
Fort Collins Relating to Liquor Occupation Tax.
B. First Reading of Ordinance No. 137, 2025, Amending Articles II and III of Chapter 25 of the
Code of Fort Collins Relating to Sales and Use Tax
C. First Reading of Ordinance No. 138, 2025, Amending Article IV of Chater 25 of the Code of
the City of Fort Collins to Increase the Threshold to Require a Written Settlement Agreement for
Lodging Tax.
The purpose of this item is to recommend amendments to the Liquor Occupation Tax, the Sales
and Use Tax, and Lodging Tax as part of the regular housekeeping and necessary updates to
promote the health, safety and welfare of the community by providing for the accurate and efficient
imposition, collection, and enforcement of the City’s taxes.
20. First Reading of Ordinance No. 139, 2025, Amending Section 15-383 of the Code of the City
of Fort Collins Regarding the Licensing of Outdoor Vendors.
The purpose of this item is to recommend amending the Outdoor Vendors Code to adopt an
annual expiration date of the license issued by the City to align with the cadence of regulation by
other local governments and for purposes of efficient regulation of vendors by the City.
21. First Reading of Ordinance No. 140, 2025, Amending Article IV of Chapter 15 of the Code
of the City of Fort Collins to Update the Door-to-Door Solicitation Permitting Processes.
The purpose of this item is to recommend amendments and updates to the City’s regulation of
door-to-door solicitors.
22. Resolution 2025-074 Authorizing the City Manager to Execute a Grant Agreement (AIP
Project No. 3-08-0023-047-2025) Between the City of Fort Collins, the City of Loveland, and
the Federal Aviation Administration for the Runway 15-33 Widening Project at Northern
Colorado Regional Airport.
The purpose of this item is to authorize the Fort Collins City Manager to execute a grant
agreement with the Federal Aviation Administration (FAA) and the City of Loveland to secure
federal funding for the Runway 15-33 Widening Project at Northern Colorado Regional Airport
(FNL). This critical infrastructure project, identified in the Airport’s 2020 Master Plan and Capital
Improvement Plan (CIP), is necessary to bring the primary runway into compliance with FAA
design standards for aircraft such as the Airbus A319/A320 and Boeing 737, which are commonly
used in commercial aviation.
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The FAA Airport Improvement Program (AIP) grant is expected to provide $16,730,725 in fiscal
year 2025 funding toward the total project cost of $19,385,103. This amount is pending final FAA
review and approval. A draft grant agreement has been provided, and the FAA anticipates issuing
the final grant during the first or second week of September. To secure the funding and preserve
the project’s eligibility under the FAA’s fiscal year 2025, the grant must be accepted no later than
September 18, 2025. The Colorado Department of Transportation’s Division of Aeronautics will
contribute $250,000 in matching funds, with the remaining local match of $630,564 to be covered
by Airport reserves.
The remaining project funding will be secured through a $1,690,254 Infrastructure Investment and
Jobs Act (IIJA) grant in fiscal year 2026, supplemented by matching contributions of $44,480 each
from CDOT and local Airport reserves. This will bring the total local funding contribution for the
project to $675,045.
The project will be delivered in two construction phases in 2026 to minimize disruption to general
aviation operations. This phased approach was developed in response to stakeholder input and
allows continued limited use of the runway during construction. Along with the new terminal facility
and the Airport’s inclusion in the Federal Contract Tower Program—which provides air traffic
control services through private contractors rather than FAA employees—this project will
strengthen the Airport’s ability to attract and retain commercial airline service.
23. Resolution 2025-075 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins, Colorado and Larimer County for the Maintenance of
Jointly Owned Roadways.
The City shares many roadway maintenance responsibilities with Larimer County. Shared
maintenance responsibilities between our respective boundaries can include roadside mowing,
snow removal, pavement marking, sign maintenance and roadway surface maintenance. The
attached Intergovernmental Agreement (IGA) details two areas where both the City and County
share common boundaries and wish to jointly perform surface maintenance on the roadway.
24. Resolution 2025-076 Making Appointments to the Youth Advisory Board.
The purpose of this item is to fill existing vacancies on the Youth Advisory Board.
Pursuant to Council policy, the recommended appointees have completed or will complete the
required acknowledgement and acceptance of the Code of Conduct and the applicable laws and
policies that govern service on City of Fort Collins boards and commissions.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
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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.
25. First Reading of Ordinance No. 141, 2025, Expressing Support for the Recommendations
of the Civic Assembly and Adopting a Conceptual Framework for the Use and Management
of the Hughes Stadium Site.
The purpose of this item is to consider an Ordinance to support the Civic Assembly’s
recommendations presented to Council on May 27, 2025, and to add additional specification to
those recommendations.
26. Resolution 2025-077 Submitting to a Vote of the Registered Electors of the City a Proposed
Ordinance Extending the Expiring Twenty-Five Hundredths Percent (0.25%) “Community
Capital Improvement Program” Capital Projects Sales and Use Tax for a Period of Ten
Years for the Purpose of Obtaining Revenue for Capital Projects and Related Operation
and Maintenance.
The purpose of this item is to submit to the ballot a question to extend the expiring 0.25% sales
and use tax (the “Community Capital Improvement Program” or “CCIP”) and to refer the operative
changes to the City’s Municipal Code (the “Code”) for the consideration of voters at the
November 4, 2025, election. The extension, if approved, is estimated to generate approximately
$11 million of annual revenue for the purposes established in the ballot question and ordinance,
including the costs of planning, designing, and constructing specified capital projects, and to
provide operation and maintenance (“O&M”) for some of those projects as designated. The
existing, voter-approved CCIP tax will expire on December 31, 2025. If approved by voters in
November, the renewal as presented will extend the tax for another ten-year term from January
1, 2026, to December 31, 2035.
The project list for the extension of the 0.25% sales and use tax includes:
• Pedestrian Sidewalk/ADA Compliance
• Arterial Intersection and Streetscapes Improvements Fund
• Bicycle Infrastructure and Overpass/Underpass Program
• Affordable Housing Capital Fund
• Mulberry Pool Recreation Replacement Leveraging Fund
• Poudre River North – Health, Access, Parks & Trails
• Composting Infrastructure Advancement
• Downtown Parks Shop
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• Community Bike Park
• Outdoor Pickleball Complex & Courts
• Nature in the City Program
• Transfort Bus Replacements & Stop Enhancements
• Recreational Paved Trails
• Construction Waste Diversion Equipment
• Historic Trolley Building Stabilization
• Gardens on Spring Creek – Children’s Garden & Infrastructure
• Lee Martinez Farm Renovation & Expansion
• Timberline Recycling Center Improvements
The projects listed in the ballot question include estimated revenue to support each project,
including estimated capital costs, five years’ O&M for certain projects, and increases from known
inflationary factors. For those projects for which tax revenues may also be used for O&M, the
limitation of five years of O&M was designed to allow those service areas managing those facilities
and programs to collect the necessary data and experience from at least two budget cycles to
determine the appropriations for ongoing O&M costs while maximizing project revenues
supported by this tax (if approved).
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot
title or submission clause for any initiated measure must file such a protest with the City Clerk, no
later than noon on Monday, August 18, 2025. If a protest is filed, a hearing on the protest will be
added to the agenda item and must take place before the Council adopts the Resolution setting
the ballot title and submission clause.
27. Resolution 2025-078 Submitting to a Vote of the Registered Electors of the City a Citizen-
Initiated Ordinance to Continue the City’s Existing Open Space Sales and Use Tax.
The purpose of this item is to submit to a vote of the registered electors, at the City’s Regular
Election on November 4, 2025, a ballot issue question that approves a citizen-initiated ordinance
that proposes the extension of the ¼ of one percent Natural Areas sales and use tax, without
expiration, to continue to protect natural areas and open spaces; offer appropriate recreation;
provide revenue for responsible restoration and management of protected lands; and partner with
Larimer County, COGO, and others to make funding go further. The ordinance makes several
modifications to Citizen-Initiated Ordinance No. 1, 2002 (Open Space, Yes!) related to Land
Conservation, Operations, and Maintenance Activities to ensure that long -term operations and
maintenance needs can be met within the parameters of the initiative language.
A protest hearing regarding the ballot title may be required before consideration of the Resolution.
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot
title or submission clause for any initiated measure must file such a protest with the City Clerk, no
later than noon on Monday, August 18, 2025. If a protest is filed, a hearing on the protest will be
added to the agenda item and must take place before the Council adopts the Resolution setting
the ballot title and submission clause.
P) RESUMED PUBLIC COMMENT (if applicable)
Q) OTHER BUSINESS
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OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, ext end 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.
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File Attachments for Item:
PP 1. Declaring the Day of August 26, 2025, as Women's Equality Day.
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PROCLAMATION
WHEREAS, women of the United States have continuously worked to gain full rights and
privileges - public and private, legal or institutional - as citizens of the United States; and
WHEREAS, women in every state and every cultural and religious group worked to secure
women's right to vote; and
WHEREAS, Congress has designated August 26, the date the Nineteenth Amendment was
certified, as Women's Equality Day; and
WHEREAS, recognizing Women's Equality Day as a day of celebration throughout the
country emphasizes the importance of women's work for democracy.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim August 26, 2025, as
WOMEN’S EQUALITY DAY
as a national day celebrating the importance of the women's suffrage movement and the work to
secure and expand equal rights today.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 19th day of August, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
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Item PP 1.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the July 15, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the July 15, 2025 Regular meeting.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the July 15, 2025 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the July 15, 2025 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, July 15, 2025
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Item 1.
City of Fort Collins City Council Proceedings Page 303
July 15, 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 Year of 2025 as the Year of Philanthropy.
Mayor Jeni Arndt presented the above proclamation 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
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Senior Deputy City Clerk Cecilia Good
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E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
A motion to call a special meeting on August 12th has been added to the Other Business section
of the agenda.
Items 1-19 on the Consent Calendar are recommended for adoption.
Staff Report on Urban Wildfire Readiness.
Consideration of a motion to go into Executive Session.
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.)
Debra James discussed the negative impact fireworks have on her City Park neighborhood stating they
create a haze of toxic chemicals, scare animals, and cause a stress response for veterans. She
recommended the City consider moving the show to a less populated area or consider laser or drone
shows in the future.
Linda Hall requested Council adopt the proposed citizen-initiated Ordinance without amendment. She
also discussed the Civic Assembly.
Adam Hirschhorn mentioned he is running for Mayor and discussed ecology and the natural
environment. He expressed support for allowing native peoples to determine the use of the Hughes
Stadium site.
Rich Stave discussed seeing an increase in vagrancy along the Mason Trail. He also discussed seeing
several motorcycle type vehicles on the Trail and commented on growth in Fort Collins.
Eunice encouraged Council to pass an Ordinance requiring visible identification for law enforcement,
including federal agents. She stated there is a concern about potential abuse from individuals
impersonating federal agents.
Public comment concluded at 6:21 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Francis asked about the possibility of requiring law enforcement identification. City
Manager DiMartino noted Fort Collins does have a policy for Police Services; however, it cannot be
enforced for other agencies. Frank Barrett, Assistant Police Chief, replied the Police Services policy
requires any officer acting in an official capacity identify themselves visibly and carry an identification
card. Calls can also be made to dispatch to verify the status of an officer. In terms of undercover
work, officers must still identify themselves.
Councilmember Potyondy reminded community members that Access Fort Collins provides quick
responses to community concerns.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson withdrew Item No. 10, First Reading of Ordinance No. 118, 2025, Making
Supplemental Appropriations, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for Transit Replacement, Enhancement and Maintenance of Assets, from the Consent
Calendar.
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J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the June 10, 2025 Adjourned Meeting and
July 1, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the June 10, 2025 Adjourned Meeting and
July 1, 2025 Regular meeting.
Approved.
2. Second Reading of Ordinance No. 110, 2025, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, requests 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.
Adopted on Second Reading.
3. Second Reading of Ordinance No. 111, 2025, Appropriating Prior Year Reserves to Support
the Gardens on Spring Creek Master Plan, Strategic Plan, and Interpretive Plan.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, considers 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.
Adopted on Second Reading.
4. Second 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.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, provides 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.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 113, 2025, Approving a Collateral Assignment of a Lease
at the Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, requests 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”).
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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.
Adopted on Second Reading.
6. Second 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.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, authorizes 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.
Adopted on Second Reading.
7. Second Reading of Ordinance No. 115, 2025, Vacating the City's Property Rights in a
Railroad Easement at 3842 Redman Drive, Fort Collins.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, reviews and potentially
recommends 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.
Adopted on Second Reading.
8. Second 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.
This Ordinance, unanimously adopted on First Reading on July 1, 2025, requests 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 part ies,
recommend this extension so that negotiations can continue. The extension will run through
October 31, 2025.
Adopted on Second Reading.
9. First Reading of Ordinance No. 117, 2025, Making Supplemental Appropriations from the
Colorado Division of Criminal Justice for Restorative Justice Services and Approving the
Intergovernmental Grant Agreement with the Colorado Division of Criminal Justice.
The purpose of this item is to appropriate $35,637 of unanticipated revenue from the Colorado
Division of Criminal Justice Juvenile Diversion fund awarded for the period July 1, 2025 – June
30, 2026, to support the Restorative Justice programs in the Neighborhood Services Department
in Sustainability Services. Restorative Justice Programs are part of the City’s Conflict
Transformation Works team, which also provide mediation services. The program will provide
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restorative justice services as an accountability option for 35 youth referred from the 8th Judicial
District Attorney's Office.
Adopted on First Reading.
10. First Reading of Ordinance No. 118, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for Transit
Replacement, Enhancement and Maintenance of Assets.
The purpose of this item is to appropriate unanticipated grant funds.
Removed From Consent.
11. First Reading of Ordinance No. 119, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for Transit
Operations and Services and Bus Replacement.
The purpose of this item is to appropriate unanticipated grant funds and transfer previously
appropriated grant funds per updated Federal Transit Authority Grant Award Amounts.
Adopted on First Reading.
12. First Reading of Ordinance No. 120, 2025, Making a Supplemental Appropriation,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for
Transfort Maintenance Facility Upgrades and Related Art in Public Places.
The purpose of this item is to appropriate unanticipated grant funds.
Adopted on First Reading.
13. Items Relating to the Edward Byrne Memorial Justice Assistant Grants.
A. First Reading of Ordinance No. 121, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Office of Justice Programs 2023 Edward Byrne Memorial Justice
Assistance Grant Program Grant Award for Fort Collins Police Services.
B. First Reading of Ordinance No. 122, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Office of Justice Programs 2024 Edward Byrne Memorial Justice
Assistance Grant Program Grant Award for Fort Collins Police Services.
The purpose of these items is to support Fort Collins Police Services in work performed as a
member of the Northern Colorado Drug Task Force, which is managed by the Larimer County
Sheriff’s Department, with both Fort Collins Police Services and Loveland Police being members.
These member agencies support a broad range of activities to prevent and control drug-related
crimes.
Larimer County was awarded two grants, for 2023 and 2024 respectively, through the Edward
Byrne Memorial Justice Assistance Grant (JAG) program in support of operating the Northern
Colorado Drug Task Force.
The award for 2023 is $60,434 in total, and Fort Collins Police Services, as a subrecipient of the
grant, receives $18,058 of this 2023 award to support personnel costs and other operating costs
directly attributed to the Northern Colorado Drug Task Force. The award for 2024 is $50,489 in
total, and Fort Collins Police Services, again as a subrecipient, receives $15,025 of this 2024 JAG
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grant award also to support personnel costs and other operating costs directly attributable to the
Northern Colorado Drug Task Force.
Both Ordinances Adopted on First Reading.
14. First Reading of Ordinance No. 123, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Department of Transportation Highway Safety Office for Police
Services High Visibility Impaired Driving Enforcement FY26 Grant Award.
The purpose of this item is to support Fort Collins Police Services in work performed enforcing
Colorado’s impaired driving laws for specific enforcement periods outlined by the Colorado
Department of Transportation. Enforcement periods typically occur over holidays or periods of
increased tourism and travel in the state.
Fort Collins Police Services was awarded $25,474 through the High Visibility Impaired Driving
Enforcement (HVE) grant to support personnel costs and other operating costs directly attributed
to HVE grant activities. Police Services will provide enhanced impaired driving enforcement during
specific time periods and engage in community education and outreach.
Adopted on First Reading.
15. First Reading of Ordinance No. 124, 2025, Adopting the 2025 Natural Areas Strategic
Framework as an Element of City Plan and as an Update to the 2014 Natural Areas Master
Plan.
The purpose of this item is to adopt the 2025 Natural Areas Strategic Framework, attached as
Exhibit A to the Ordinance, which updates the City’s 2014 Natural Areas Master Plan and serves
as a systemwide guide for the planning and management of the Natural Areas Department (NAD)
over the coming decade. Rooted in ballot language, extensive community engagement, and
broader City policies, the Framework articulates an updated vision, set of values, and strategic
goals for the Department. It provides the foundation for action-oriented planning that will be
implemented through zone-level management planning. Adoption of the Framework constitutes
an amendment to City Plan under its provisions for incorporating new elements into the City’s
comprehensive plan.
Adopted on First Reading.
16. First Reading of Ordinance No. 125, 2025, Authorizing the Conveyance of an Emergency
Access Easement on a Portion of the Larimer County Landfill to Poudre Fire Authority.
The purpose of this item is to authorize the conveyance of one Emergency Access Easement (the
“Easement”) on a portion of co-owned City property presently known as Larimer County Landfill
to Poudre Fire Authority.
Adopted on First Reading.
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17. Resolution 2025-070 Approving Fort Fund Special Event Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Special Event Grant – June Deadline category, based upon the recommendations of the
Cultural Resources Board.
Adopted.
18. Resolution 2025–071 Adopting the 2025 – 2029 Five-Year Consolidated Plan and the Citizen
Participation Plan Required by the U.S. Department of Housing and Urban Development.
The purpose of this item is to consider adoption of the five-year planning documents required by
the U.S. Department of Housing and Urban Development (HUD) in order for the City to remain
eligible for federal grants, including the Community Development Block Grant (CDBG) and the
Home Investment Partnership (HOME) Program.
Adopted.
19. Resolution 2025-072 Finding Substantial Compliance and Initiating Annexation
Proceedings for the Moor Annexation.
The purpose of this item is to determine substantial compliance and initiate annexation
proceedings for the Moor Annexation, a voluntary annexation located northeast of the intersection
of North Taft Hill Road and Laporte Avenue. The Applicant has submitted a written petition
requesting annexation of 3.368 acres and zoning into the Low Density Mixed-Use Neighborhood
District (LMN) zone district, which is consistent with the City of Fort Collins Structure Plan Map.
This annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreement Regarding Growth Management.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-19, minus 10, 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.)
Councilmember Pignataro if the 2050 tax dollars were anticipated to be used for items such as those
in Item Nos. 10-12 and requested a synopsis of how the funds are interconnected among the three
items.
L) STAFF REPORTS – Urban Wildfire Readiness
Dennis Day, Emergency Preparedness Program Manager, stated Fort Collins is actively reducing
wildfire risk in the wildland/urban interface through collaborative planning by engaging City
departments, regional partners, and applying science-driven strategies. He noted that every five
years, the City participates in a multi-jurisdictional hazard mitigation plan, which in 2021 ranked Fort
Collins as a medium wildfire hazard due to a blend of risk factors that warrant attention but do not
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reach the threshold for a high priority. He noted Fort Collins’ proactive mitigation efforts, interagency
planning, and Poudre Fire Authority’s Wildfire Protection Plan all help to reduce the potential severity
of wildfires.
Derek Bergsten, Fire Chief, showed a map of the typical wildland/urban interface in PFA’s district and
discussed the 2025 Community Wildfire Protection Plan which updated the hazardous risk analysis
and created a sense of collaboration with stakeholders. He noted home risk inspections are available
and discussed the importance of public education efforts.
Katie Donahue, Natural Areas Director, noted Natural Areas owns a great deal of land in Fort Collins
and is part of the wildfire mitigation formula. She noted Natural Areas manages for the dominant
moderate conditions, not for extreme wildfire conditions, by doing some mowing, managing invasive
weeds such as cheat grass, and promoting native species that have the ability to stay green longer.
She stated grazing and prescribed fires are not used extensively now, but work is being done to
consider those tools.
Day provided some information from Environmental Services, including that climate change intensifies
wildfire risk and alters the seasonal patterns and fueling conditions, and those shifts underscore the
need for adaptive strategies.
Councilmember Potyondy asked who community members should contact about doing property
assessments for risk mitigation. Chief Bergsten replied the information is on PFA’s website.
Councilmember Potyondy noted the 5 foot mowing buffer may seem narrow for people living next to
Natural Areas and asked who to contact if residents have concerns. Donahue replied people can
contact Natural Areas staff. She noted one of the challenges of mowing is that it essentially takes
green material and lays it down to dry out more quickly. She noted bagging and removing the grass
disrupts the nutrient cycle.
Councilmember Canonico commended the work of PFA and noted she saw several engines working
near the Environmental Learning Center on her way in. Chief Bergsten noted that was a grass fire
that also burned a building.
Councilmember Gutowsky asked about burning irrigation ditches. Chief Bergsten replied the City
Ordinance was updated after the Marshall Fire and irrigation ditch burning is restricted within city limits
on red flag days.
M) COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
Attended the Poudre Fire Authority graduation ceremony at CSU’s Alumni Center.
Participated in the 4th of July parade which had thousands of attendees.
Attended CSU’s Halligan Flow Model and demonstration of what would occur if the reservoir
overflowed.
Attended a session of the Adalante Youth Internship program which involved 24 immigrant
students taking an 8-week course to learn about the City.
Councilmember Melanie Potyondy
Highlighted the Health Homes assessment program which provides radon testing, air quality
testing, and efficiency analyses at no cost to homeowners.
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N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
10. First Reading of Ordinance No. 118, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for Transit
Replacement, Enhancement and Maintenance of Assets.
The purpose of this item is to appropriate unanticipated grant funds.
PUBLIC COMMENT
Rich Stave questioned the priority of the Transfort system. He discussed low ridership and asked
if the real issues have been identified.
Adam Hirschhorn stated he utilizes Transfort frequently and stated he has witnessed high
ridership, particularly on MAX in the afternoons.
COUNCIL DISCUSSION
Councilmember Ohlson stated he had envisioned the transit component of the 2050 tax to fund
more routes and longer operating hours, not as funds to leverage grants. Monica Martinez,
Planning, Development, and Transportation Senior Finance Manager, replied the 2050 tax funds
are currently the most readily available funds for providing local matches to leverage grants. She
noted there are expanding expenses within the transit system and revenues have not grown at
the same level. She noted local matches do not have to be appropriated at the time of grant
awards; however, they do have to be designated and appropriated at the time of expense, which
is why previous years were referenced, and there is not additional revenue from other sources
that would allow for that appropriation.
Councilmember Pignataro asked if it is anticipated the 2050 tax dollars will be paid back when
other funds are available. Martinez replied reserves are being assessed to determine the ability
to pay back the 2050 tax funds.
Councilmember Pignataro stated she also did not envision these types of expenditures for the
2050 tax funds.
City Manager DiMartino noted there will be opportunity for further Council conversation when it
considers the Transfort Optimization Study on October 28th.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
Ordinance No. 118, 2025, Making Supplemental Appropriations, Appropriating Prior Year
Reserves and Authorizing Transfers of Appropriations for Transit Replacement,
Enhancement and Maintenance of Assets, on First Reading.
The motion carried 7-0.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The purpose of this item, pursuant to the requirements of the City Charter when presented with
an initiative petition certified as sufficient by the City Clerk, is to either:
1. Adopt the proposed ordinance without alteration within 25 business days; or
2. Submit the proposed measure to the registered electors of the City.
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A. First Reading of Ordinance No. 126, 2025, Adopting a Citizen-Initiated Ordinance Regarding
Preserving and Establishing the Use for the Entire Former Hughes Stadium Property as a Natural
Area. (Option 1);
OR
B. Resolution 2025-073 Submitting a Citizen-Initiated Ordinance Requiring that the Former
Hughes Stadium Property be Used 100% as a City Natural Area to a Vote of the Registered
Electors of the City at the Regular Municipal Election on November 4, 2025. (Option 2)
If Council does not adopt the Ordinance, a protest hearing regarding the ballot title may be
required before consideration of the Resolution. Under Section 7-156 of the City Code, any
registered elector desiring to protest a proposed ballot title or submission clause for any initiated
measure must file such a protest with the City Clerk, no later than noon on Monday, July 14, 2025.
If a protest is filed, a hearing on the protest will be added to the agenda item and must take place
before the Council adopts the Resolution setting the ballot title and submission clause.
STAFF PRESENTATION
Delynn Coldiron, City Clerk, stated the citizen petition related to the Hughes Stadium property
was deemed sufficient by the City Clerk’s Office. She outlined the process for petition verification
and noted over 7,500 signatures were checked as part of this petition with just over 6,300 found
to be valid. She stated a sufficiency statement related to the petition was issued on June 25th as
only 5,070 signatures were required. The protest period was then open until July 2nd and one
was received; however, it was related to campaign finance issues and was ultimately withdrawn.
Coldiron outlined the Council options to either adopt the Ordinance as written without alteration
or adopt a Resolution that would place the item on the November ballot. She provided the
proposed ballot language should that be the option and noted City Code allows for protests related
to ballot titles and ballot submission clauses, and one was received after the protest period which
ended yesterday. She noted Council could entertain the requests of that protest if desired.
PUBLIC COMMENT
Rich Stave questioned why the Hughes property issue is so contentious and stated voters should
have the opportunity to make the final decision on the issue.
Melissa Rosas, Friends of Hughes Natural Area Petition Representatives, requested Council
consider changes to the submission clause ballot language which was published in the agenda.
She objected to the use of the word ‘modifying,’ the order of the words ‘acquire’ and ‘rezone,’ and
the wording of ‘100 percent as a City Natural Area’ and exclusion of the term ‘designate.’
COUNCIL QUESTIONS/DISCUSSION
Mayor Arndt noted the ballot title protest was received after the deadline and requested some
clarification from the City Clerk. City Clerk Coldiron stated she told the petitioners initially, and
again yesterday, that there was a deadline of noon yesterday to file a protest and stated she
would perhaps send a reminder of the Council agenda date and protest deadline earlier in the
process in the future. City Attorney Daggett noted it is not incumbent on the City Clerk to provide
reminders of the protest deadline dates and noted that in order to file a protest, one would need
to look at the resolution being considered by Council, which is what was published with the
agenda.
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Councilmembers discussed the changes requested by the petitioners and there was consensus
regarding the acceptable changes, including keeping the word “modifying” instead of the
requested “clarifying,” changing the order of words to “rezone, acquire, and use” and stating, “the
entire property be designated and used 100% as a City Natural Area.”
City Attorney Daggett advised Council that amending the Resolution would require changes in
multiple places, including the title.
Councilmembers Pignataro and Canonico and Mayor Arndt supported sending the item to the
ballot.
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to adopt
Resolution 2025-073 Submitting a Citizen-Initiated Ordinance Requiring that the Former
Hughes Stadium Property be Used 100% as a City Natural Area to a Vote of the Registered
Electors of the City at the Regular Municipal Election on November 4, 2025, as amended to
modify the proposed ballot submission clause to read ‘an Ordinance modifying the citizen
initiative Ordinance approved by the registered electors in April 2021 which required the
City of Fort Collins to rezone, acquire, and use for specified purposes, the approximately
165 acre parcel of real property formerly home to the Hughes Stadium so as to require the
property be designated and used 100% as a City Natural Area, and updating the Resolution
in the title and Section C.
Mayor Arndt commended the petitioners on their effort and thanked City Clerk Coldiron for the
presentation on the signature verification process.
Councilmember Gutowksy also commended the work of the City Clerk’s Office.
The motion carried 7-0.
P) RESUMED PUBLIC COMMENT
Q) OTHER BUSINESS
This section has been amended to include Consideration of a Motion to Call a Special Meeting
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 Call a Special Meeting on Tuesday, August 12, 2025:
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, that in
accordance with Section 2-29 of the City's Municipal Code, I move that Council call a
Special Meeting to be held on August 12, 2025, at 300 Laporte Avenue, in Council
Chambers, starting at 5:00 p.m., for the purpose of consideration of a motion to go
into executive session for legal advice related to federal grants.
The motion carried 7-0.
OB 3. Consideration of Motion for Executive Session Related to Water in Northeast Fort
Collins:
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Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, that the City
Council go into executive session pursuant to:
City Charter Article Roman Numeral Two, Section 11(2),
City Code Section 2-31(a)(2) and
Colorado Revised Statutes Section 24-6-402(4)(b),
for the purpose of discussing with the City's attorneys and appropriate management
staff the following:
1. specific legal questions related to potential litigation related to water service in
northeast Fort Collins; and
2. the manner in which the particular policies, practices or regulations of the City
related to water service in northeast Fort Collins may be affected by existing or
proposed provisions of federal, state or local law.
The motion carried 7-0.
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 8:58 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 117, 2025, Making Supplemental Appropriations
from the Colorado Division of Criminal Justice for Restorative Justice Services and
Approving the Intergovernmental Grant Agreement with the Colorado Division of
Criminal Justice.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates $35,637
of unanticipated revenue from the Colorado Division of Criminal Justice Juvenile Diversion fund
awarded for the period July 1, 2025 – June 30, 2026, to support the Restorative Justice
programs in the Neighborhood Services Department in Sustainability Services. Restorative
Justice Programs are part of the City’s Conflict Transformation Works team, which also provide
mediation services. The program will provide restorative justice services as an accountability
option for 35 youth referred from the 8th Judicial District Attorney's Office.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Perrie McMillen, Conflict Transformation Works Manager
Mary-Claire Geiss, Senior Specialist, Restorative Justice
Jo Cech, Fiscal Recovery Manager
Carisa Clinton, Senior Grants Analyst
SUBJECT
Second Reading of Ordinance No. 117, 2025, Making Supplemental Appropriations from the
Colorado Division of Criminal Justice for Restorative Justice Services and Approving the
Intergovernmental Grant Agreement with the Colorado Division of Criminal Justice.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates $35,637 of
unanticipated revenue from the Colorado Division of Criminal Justice Juvenile Diversion fund awarded for
the period July 1, 2025 – June 30, 2026, to support the Restorative Justice programs in the Neighborhood
Services Department in Sustainability Services. Restorative Justice Programs are part of the City’s Conflict
Transformation Works team, which also provide mediation services. The program will provide restorative
justice services as an accountability option for 35 youth referred from the 8th Judicial District Attorney's
Office.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Restorative Justice Services and its three programs: RESTORE for shoplifting offenses, Restorative
Justice Conferencing Program (RJCP) and Reflect Program for all other offenses, have been partially
grant-funded since inception in 2000. Since it began, Restorative Justice Services has provided a
restorative justice alternative to more than 3,200 young people who committed chargeable offenses in our
community. The Council yearly accepts grant funds from the Colorado Division of Criminal Justice to
support Restorative Justice Services.
This Colorado Division of Criminal Justice grant helps fund youth referred to the program from the 8th
Judicial District Attorney’s Office. Restorative Justice is an alternative method of holding a young person
accountable by facilitating meeting with the responsible youth, the victim/victim represent ative, and
members of the community to determine the harm done by the crime and how to repair the harm. Criminal
Justice Officials are optimistic that by identifying and repairing the harm caused by the crime, repeat
offenses by youth will be reduced and the needs and concerns of the victims and affected community will
be addressed.
Page 29
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
These programs help young people understand how family, friends, victims and community are harmed by
their actions and hold them accountable for the harm they caused. The intention is that these young people
will make better future decisions and not commit the same or a similar crime again. Reducing future criminal
behavior and keeping young people out of the justice system both contribute positively to a safer and
healthier community. Addressing the needs and concerns of those harmed by crime and community
members also has a positive effect on the overall health and safety of the community. As part of the
programs, youth and families are referred to appropriate community resourc es based on needs identified
during program participation.
CITY FINANCIAL IMPACTS
The item appropriates $35,637 to cover personnel costs for the Restorative Justice Specialist and the
Conflict Transformation Works Program Assistant for time spent on the Restorative Justice Services
program services.
The grant from Colorado Division of Criminal Justice is a reimbursement type grant, meaning General Fund
expenses will be reimbursed up to $35,637.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 117, 2025
Page 30
Item 2.
- 1 -
ORDINANCE NO. 117, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE
COLORADO DIVISION OF CRIMINAL JUSTICE FOR
RESTORATIVE JUSTICE SERVICES AND APPROVING THE
INTERGOVERNMENTAL GRANT AGREEMENT WITH THE
COLORADO DIVISION OF CRIMINAL JUSTICE
A. Restorative Justice Programs within the City operates three programs:
RESTORE for shoplifting offenses, the Restorative Justice Conferencing Program and
the Reflect Program for all other offenses.
B. Restorative Justice Services programs hold young offenders accountable
by helping them understand how family, friends, victims, and the community are harmed
by their actions, and holding offenders accountable for the harm they caused to help them
make better decisions in the future.
C. Since its inception, Restorative Justice Services has provided restorative
justice alternatives to more than 3,200 young people who have committed chargeable
offenses in our community.
D. Restorative Justice Services has been partially grant-funded since 2000
and has accepted reimbursement-based grant funds on an annual basis from the
Colorado Division of Criminal Justice (“CDCJ”) to support City Restorative Justice
Services programs. The CDJC entered into its current grant agreement with the City in
June 2024 (the “IGA”), which is attached hereto as Exhibit A and incorporated herein by
reference. The IGA provided the City with $53,428 for the State’s 2024-2025 Fiscal Year.
The State’s 2024-2025 Fiscal Year ran from July 1, 2024 through June 30, 2025.
E. Restorative Justice Services has received an award of $35,637 from the
CDCJ Juvenile Diversion fund, through a State of Colorado Grant Modification Option
Letter to the IGA (the “2026 Option”) for the State’s 2025-2026 Fiscal Year. The State’s
2025-2026 Fiscal Year runs from July 1, 2025 through June 30, 2026. The 2026 Option
is attached hereto as Exhibit B and incorporated herein by reference. The 2026 Option
extended the IGA through June 30, 2026. The 2026 Option added a new statement of
work to the IGA and added a new budget under the IGA for the amount of $35,637, but
otherwise retained the requirements contained in the IGA for the City to expend the funds
provided to the City.
F. This funding will allow the City to provide restorative justice services as an
accountability option for 35 youth referred from the 8th Judicial District Attorney’s Office.
G. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of reducing future criminal
behavior and keeping young people out of the justice system, contributing positively to a
safer, healthier community. Addressing the needs and concerns of those harmed by crime
Page 31
Item 2.
- 2 -
and community members also has a positive effect on the overall community health and
safety.
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 General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
J. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state o r 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.
K. The City Council wishes to designate the appropriation herein for the
Colorado Division of Criminal Justice Restorative Justice 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.
L. Section 1-22 of the City Code requires that all intergovernmental
agreements or cooperative activities between the City and other governmental entities be
submitted to the City Council for review, and any approval thereof shall be by ordinance
or resolution of the City Council, subject to certain exceptions. Further, the City is
authorized to enter into intergovernmental agreements to provide any function, service,
or facility under Article II, Section 16 of the Charter of the City of Fort Collins and C.R.S.
§ 29-1-203, and City staff recommends approval of the IGA, the 2026 Option, and future
similar options under the IGA.
In light of the foregoing recitals, which the Council he reby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of THIRTY-FIVE THOUSAND SIX HUNDRED THIRTY-SEVEN
DOLLARS ($35,637) to be expended in the General Fund for the Colorado Division of
Criminal Justice Restorative Justice Grant.
Page 32
Item 2.
- 3 -
Section 2. The appropriation herein Colorado Division of Criminal Justice
Restorative Justice Grant is hereby designated, as authorized in Article V, Section 11 of
the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but
continue until the earlier of the expiration of the grant or the City’s expenditure of all funds
received from such grant.
Section 3. The City Council approves the IGA, attached hereto as Exhibit A, as
modified by the 2026 Option, attached hereto as Exhibit B. The City Manager, after
consultation with the City Attorney, is hereby authorized to take any reasonable action
necessary to secure the funds offered to the City through the 2026 Option and any similar
options in future years under the IGA.
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A – Grant Award Letter
Exhibit B – State of Colorado Grant Modification Option Letter
Page 33
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 1 of 12 Version 08.10.2021 (DCJ 04/22)
GRANT AWARD LETTER
(Intergovernmental Grant Agreement)
SUMMARY OF GRANT AWARD TERMS AND CONDITIONS
Department of Public Safety, Division of Criminal Justice 2025-DV-25-30008-08
City of Fort Collins VEJ3BS5GK5G1
The later of July 1, 2024 or the date the State Controller or an
Grant Expiration Date (End Date)
June 30, 2025
Grant Amount
State Fiscal Year 2024-2025: $40,428
Total for all State Fiscal Years: $40,428
Grant Authority (State Authority)
The Division of Criminal Justice is authorized to disburse
these funds by Colorado Revised Statute 24-33.503 and 507.
Authority to enter into this Grant exists in the Juvenile
Diversion Program, as defined in the Colorado Revised
Grant Description
Funding for the juvenile diversion program/services in the 8th Judicial District.
Grant Purpose
Per Colorado Statute, the goal of diversion is to prevent further involvement of juveniles in the formal justice system (19-2.5-
102 (17) C.R.S.). Juvenile diversion programs should be individually designed alternatives to the formal court system for youth
between the ages of 10-17 who have been taken into custody for misdemeanor or felony offenses. Diversion programs should
concentrate on holding the youth accountable for their behavior while involving them in programs and activities to prevent
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Grant:
1.Exhibit A1, Sample Option Letter.
2.Exhibit A2, Sample Grant Funding Change Letter
3.Exhibit B, Grant Requirements.
4.Exhibit C, Special Conditions.
5.Exhibit D, Statement of Work.
6.Exhibit E, Budget.
In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1.Exhibit C, Special Conditions.
2.The provisions of the other sections of the main body of this Agreement.
3.Exhibit B, Grant Requirements.
4.Exhibit D, Statement of Work.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 34
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 2 of 12 Version 08.10.2021 (DCJ 04/22)
SIGNATURE PAGE
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
Jared S. Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
______________________________________________
By: Matthew M. Lunn, PhD, Director, Division of Criminal Justice
Date: _________________________
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Lyndsay J. Clelland, Contract and Grant Coordinator, Division of Criminal Justice
Effective Date:_____________________
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
06/18/2024 | 11:29:42 AM PDT
06/18/2024 | 3:40:34 PM MDT
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 35
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 3 of 12 Version 08.10.2021 (DCJ 04/22)
TABLE OF CONTENTS
1.GRANT ...................................................................................................................................... 3
2.TERM ........................................................................................................................................ 3
3.DEFINITIONS .......................................................................................................................... 4
4.STATEMENT OF WORK ........................................................................................................ 6
5.PAYMENTS TO GRANTEE .................................................................................................... 6
6.REPORTING - NOTIFICATION ............................................................................................. 7
7.GRANTEE RECORDS ............................................................................................................. 7
8.CONFIDENTIAL INFORMATION-STATE RECORDS ........................................................ 7
9.CONFLICTS OF INTEREST .................................................................................................... 9
10.INSURANCE ............................................................................................................................ 9
11.REMEDIES ............................................................................................................................... 9
12.DISPUTE RESOLUTION ......................................................................................................... 9
13.NOTICES AND REPRESENTATIVES ................................................................................. 10
14.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 10
15.GOVERNMENTAL IMMUNITY .......................................................................................... 10
16.GENERAL PROVISIONS ...................................................................................................... 10
EXHIBIT A1, SAMPLE OPTION LETTER ........................................................................................ 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER ..................................................................... 1
EXHIBIT B, GRANT REQUIREMENTS ............................................................................................ 1
EXHIBIT C, SPECIAL CONDITIONS ................................................................................................ 1
EXHIBIT D, STATEMENT OF WORK .............................................................................................. 1
EXHIBIT E, BUDGET .......................................................................................................................... 1
1.GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2.TERM
A.Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter in accordance with §16.D.
B.Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State or other funds used for this
Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant
Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 36
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 4 of 12 Version 08.10.2021 (DCJ 04/22)
in part by providing written notice to Grantee that includes, to the extent practicable, the
public interest justification for the termination. If the State terminates this Grant Award Letter
in the public interest, the State shall pay Grantee an amount equal to the total reimbursement
payable under this Grant Award Letter that corresponds to the Work satisfactorily completed,
as determined by the State, less payments previously made. This subsection shall not apply
to a termination of this Grant Award Letter by the State for breach by Grantee.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit E, Budget.
B. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1), C.R.S.
C. “CJI” means criminal justice information collected by criminal justice agencies needed for
the performance of their authorized functions, including, without limitation, all information
defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy, as amended and all
Criminal Justice Records as defined under §24-72-302, C.R.S.
D. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
E. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
F. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
G. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
H. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
I. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
J. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
L. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any State Records.
M. “Initial Term” means the time period between the Grant Issuance Date and the Grant
Expiration Date.
N. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 5 of 12 Version 08.10.2021 (DCJ 04/22)
O. “PCI” means payment card information including any data related to credit card holders’
names, credit card numbers, or the other credit card information as may be protected by state
or federal law.
P. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S.
Q. “PHI” means any protected health information, including, without limitation any information
whether oral or recorded in any form or medium: (i) that relates to the past, present or future
physical or mental condition of an individual; the provision of health care to an individual;
or the past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to believe
the information can be used to identify the individual. PHI includes, but is not limited to, any
information defined as Individually Identifiable Health Information by the federal Health
Insurance Portability and Accountability Act.
R. “Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
S. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, PHI,
PCI, Tax Information, CJI, and State personnel records not subject to disclosure under
CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has
been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to
disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the
time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available
without breach of any obligation owed by Contractor to the State; (iv) is disclosed to
Contractor, without confidentiality obligations, by a third party who has the right to disclose
such information; or (v) was independently developed without reliance on any State
Confidential Information.
T. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
U. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
V. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
W. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
the Work. This establishes a procurement relationship. The subcontractor provides goods or
services for the benefit of the purchaser.
X. “Subgrantee” means third-parties, if any, engaged by Grantee to aid in performance of the
Work. This establishes a grant relationship. The beneficiary, not the purchaser, receives
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 38
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 6 of 12 Version 08.10.2021 (DCJ 04/22)
benefit from the work. There may be multiple tiers of subgrantees that do not include
procurement transactions.
Y. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit E, Budget. The State shall have no liability to compensate or reimburse
Grantee for the delivery of any goods or the performance of any services that are not specifically
set forth in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date.
B. Reimbursement of Grantee Costs
The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to and receives approval from the State of the change, the change
does not modify the total maximum amount of this Grant Award Letter or the maximum
amount for any state fiscal year, and the change does not modify any requirements of the
Work. The State shall only reimburse allowable costs if those costs are: (i) reasonable and
necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to
the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee
that reduce the cost actually incurred).
C. Close-Out
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 39
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 7 of 12 Version 08.10.2021 (DCJ 04/22)
defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The
State will withhold allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete.
6. REPORTING - NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.C, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part
180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State. Grantee shall allow the State to perform
all monitoring based on the State’s risk analysis of Grantee. The State shall have the right, in
its sole discretion, to change its monitoring procedures and requirements at any time during
the term of this Agreement. The State shall monitor Grantee’s performance in a manner that
does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a
subcontract or subgrant then Grantee shall contain provisions permitting both Grantee and
the State to perform all monitoring of that subcontractor or subgrantee.
C. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whether the
audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform
a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results
of that audit to the State within the same timelines as the submission to the federal
government.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 8 of 12 Version 08.10.2021 (DCJ 04/22)
Grantee shall hold and maintain, and cause all Subgrantees and Subcontractors to hold and
maintain, any and all State Records that the State provides or makes available to Grantee for
the sole and exclusive benefit of the State, unless those State Records are otherwise publically
available at the time of disclosure or are subject to disclosure by Grantee under CORA.
Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit,
publish, copy, or otherwise disclose to any third party, or permit the use by any third party
for its benefit or to the detriment of the State, any State Records, except as otherwise stated
in this Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of
Information Security and all applicable laws, rules, policies, publications, and guidelines. If
Grantee or any of its Subgrantees or Subcontractors will or may receive the following types
of data, Grantee or its Subgrantees or Subcontractors shall provide for the security of such
data according to the following: (i) the most recently promulgated IRS Publication 1075 for
all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the
most recently issued version of the U.S. Department of Justice, Federal Bureau of
Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the
federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant, if applicable. Grantee shall
immediately forward any request or demand for State Records to the State’s principal
representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns, Subgrantees and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns, Subgrantees and
Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, Subgrantees and
Subcontractors sign nondisclosure agreements with provisions at least as protective as those
in this Grant, and that the nondisclosure agreements are in force at all times the agent,
employee, assign, Subgrantees or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 9 of 12 Version 08.10.2021 (DCJ 04/22)
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
E. Safeguarding PII
If Grantee or any of its Subgrantees or Subcontractors will or may receive PII under this
Agreement, Grantee shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, State non-disclosure requirements, use
of appropriate technology, security practices, computer access security, data access security,
data storage encryption, data transmission encryption, security inspections, and audits.
Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and
shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
9. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
State’s consideration.
10. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subgrantees and Subcontractors maintain all insurance customary for the completion of the
Work done by that Subgrantee or Subcontractor and as required by the State or the GIA.
11. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant, the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
12. DISPUTE RESOLUTION
Except as herein specifically provided otherwise disputes concerning the performance of this Grant
that cannot be resolved by the designated Party representatives shall be referred in writing to a
senior departmental management staff member designated by the State and a senior manager or
official designated by Grantee for resolution.
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EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 42
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 10 of 12 Version 08.10.2021 (DCJ 04/22)
13. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either Party may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
15. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, employees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance a formal amendment
to this Agreement, properly executed and approved in accordance with applicable Colorado
State law and State Fiscal Rules. Modifications permitted under this Agreement, other than
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 11 of 12 Version 08.10.2021 (DCJ 04/22)
Agreement amendments, shall conform to the policies issued by the Colorado State
Controller.
i. For each fiscal year of the Grant, the State shall issue an updated Exhibit D, Statement
of Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit
A1, Sample Option Letter each fiscal year (July 1 through June 30). Work shall not
begin on a new fiscal year until such an Option Letter is effective. The provisions of
the Option Letter shall become part of and be incorporated into this Grant.
ii. The State may, at the State’s discretion, issue an updated Exhibit D, Statement of
Work and Exhibit E, Budget by Option Letter substantially equivalent to Exhibit A1,
Sample Option Letter to reflect changes during the fiscal year. The provisions of the
Option Letter shall become part of and be incorporated into this Grant.
iii. Grantee may terminate the grant if the Grantee cannot adhere to the approved Exhibit
D, Statement of Work and Exhibit E, Budget as updated from time to time.
iv. The State may, at the State’s discretion, use an Option Letter or Grant Funding Change
letter substantially equivalent to Exhibit A1, Sample Option Letter or Exhibit A2,
Sample Grant Funding Change Letter to modify the grant agreement. If exercised,
the provisions of the Option Letter or Grant Funding Change Letter shall become part
of and be incorporated into the grant agreement.
v. The State may increase or decrease the quantity of goods/services described Exhibit D,
Statement of Work and Exhibit E, Budget based upon the rates established in the
Grant. If the State exercises the option, it will provide written notice to Grantee at least
15 days prior to the end of the current grant term in a form substantially equivalent to
Exhibit A1, Sample Option Letter.
vi. The State may add or delete the goods/services described Exhibit D, Statement of
Work and Exhibit E, Budget as long as the change does not change the overall scope
of the approve grant. If the State exercises the option, it will provide written notice to
Grantee at least 15 days prior to the end of the current grant term in a form substantially
equivalent to Exhibit A1, Sample Option Letter.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Grant Number: 2025-DV-25-30008-08 Page 12 of 12 Version 08.10.2021 (DCJ 04/22)
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant.
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant, and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
K. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973,
as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in
the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 45
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit A1 Page 1 of 1
EXHIBIT A1, SAMPLE OPTION LETTER
Insert Department's or IHE's Full Legal Name Insert the Option Number (e.g. "1" for the first option)
Insert Grantee's Full Legal Name, including "Inc.",
Original Agreement Number
Insert CMS number or Other Agreement Number of the Original
Current Agreement Maximum Amount Option Agreement Number
Insert CMS number or Other Agreement Number of this Option
Agreement Performance Beginning Date
Month Day, Year
Current Agreement Expiration Date
Month Day, Year
OPTIONS:
A. Option to extend for an Extension Term
B. Option to change the quantity of Goods under the Agreement
C. Option to change the quantity of Services under the Agreement
D. Option to modify Agreement rates
E. Option to initiate next phase of the Agreement
REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option for an additional term, beginning Insert start date and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
B. For use with Options 1(B and C): In accordance with Section(s) Number of the Original Agreement referenced
above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the
rates stated in the Original Agreement, as amended.
C. For use with Option 1(D): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to modify the Agreement rates specified in Exhibit/Section Number/Letter.
The Agreement rates attached to this Option Letter replace the rates in the Original Agreement as of the Option
Effective Date of this Option Letter.
D. For use with Option 1(E): In accordance with Section(s) Number of the Original Agreement referenced above,
the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc, which shall begin on Insert
start date and end on Insert ending date at the cost/price specified in Section Number.
E. For use with all Options that modify the Agreement Maximum Amount: The Agreement Maximum Amount
table on the Agreement’s Signature and Cover Page is hereby deleted and replaced with the Current Agreement
Maximum Amount table shown above.
OPTION EFFECTIVE DATE:
F. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if agreement
will be routed to OSC for approval
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 46
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit A2 Page 1 of 1
EXHIBIT A2, GRANT FUNDING CHANGE LETTER
Insert Department's or IHE's Full Legal Name Insert the Option Number (e.g. "1" for the first option)
Insert Contractor's Full Legal Name, including
Original Grant Number
Insert CMS number or Other Contract Number of the Original Contract
Current Contract Maximum Amount Grant Funding Change Letter Contract Number
Insert CMS number or Other Contract Number of this Option
Contract Performance Beginning Date
Month Day, Year
Current Contract Expiration Date
Month Day, Year
1. GRANT FUNDING CHANGE
In accordance with §Insert Section Number of the Original Grant referenced above, the State Agency listed above
commits the following funds to the grant:
A. The funding available for State Fiscal Year 20xx is Increased/Decreased by $Amount of Change, because Insert
Reason For Change.
B. The total funding avail for all State Fiscal Years as of the effective date of this Grant Funding Change Letter is
shown as the current contract maximum above.
2. TERMINOLOGY
All terminology used in this Grant Funding Change Letter shall be interpreted in accordance with the Original Grant
referenced above.
3. NO ORDER FOR WORK
This Grant Funding Change Letter modifies the available funding only and does not constitute an order or authorization
for any specific services or goods under the Grant.
4. GRANT FUNDING CHANGE LETTER EFFECTIVE DATE:
The effective date of this Grant Funding Change Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
INSERT-Name of Agency or IHE
INSERT-Name & Title of Head of Agency or IHE
______________________________________________
By: Name & Title of Person Signing for Agency or IHE
Date: _________________________
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval
Grant Funding Change Letter Effective Date:_____________________
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 47
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit B Page 1 of 3
EXHIBIT B, GRANT REQUIREMENTS
The following terms as used herein shall be construed and interpreted as follows:
1. AUDIT REQUIREMENTS
A. DUE DATE:
I. PROJECT START:
The Grantee must submit the most recent audit or financial review, including the
corresponding governance/management letter, to DCJ within thirty (30) days of
request; and, if the most recent audit/financial review has not already been submitted
to DCJ, it must be submitted within thirty (30) days of the start of this project.
II. PROJECT DURATION AND END:
The Grantee assures that it will procure an audit or financial review, incorporating this
grant award, by an independent Certified Public Accountant (CPA), licensed to
practice in Colorado. The audit or financial review incorporating this grant award
must be completed and received by DCJ within nine (9) months of the end of the
fiscal years that includes the end date of the grant, or within thirty (30) days of the
completion of such audit or review, whichever is earlier.
B. REPORT/AUDIT TYPE:
I. If your entity expended $750,000 or more in Federal funds (from all sources including
pass-through subawards) in your organization’s fiscal year (12-month turnaround
reporting period), your organization is required to arrange for a single organization-
wide audit conducted in accordance with the provisions of Title 2 C.F.R. Subpart F (§
200.500 et seq.)
II. [NOT APPLICABLE TO SUBGRANTEES AS DEFINED IN §3.DD.
“SUBGRANTEE”] If your entity expends less than $750,000 in Federal funds (from
all sources including pass-through subawards) in your organization’s fiscal year (12-
month turnaround reporting period), your organization is required to arrange for either
an audit or financial review as follows:
1. Grantees that have revenue greater than $300,000 from all sources during the
entity’s fiscal year are required by DCJ to obtain a financial audit.
2. Grantees that have revenue less than $300,000 from all sources during the entity’s
fiscal year are required by DCJ to obtain a financial audit or financial review. A
compilation is not sufficient to satisfy this requirement.
C. REPORT/AUDIT COSTS:
The Grantee accepts responsibility for the costs of a financial program audit to be
performed by the Department of Public Safety in the event that the audit report or financial
review:
I. does not meet the applicable federal audit or DCJ standards;
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit B Page 2 of 3
II. is not submitted in a timely manner; or,
III. does not provide an audit response plan with corresponding corrections made sufficient
to satisfy any audit findings.
D. FAILURE TO COMPLY:
The grantee understands and agrees that DCJ or the federal awarding office (DOJ) may
withhold award funds, or may impose other related requirements, if the grantee does not
satisfactorily and promptly address outstanding issues from audits required by Part 200
Uniform Requirements, by the terms of this award, by the current addition of the DOJ
Grants Financial Guide, or other outstanding issues that arise in connection with audits,
investigations, or reviews of DOJ awards.
1. ADDITIONAL REPORTING REQUIREMENTS
In addition to quarterly report requirements these grant funds may have additional report
requirements. The additional reports may include, but is not limited to, reporting progress and
statistics directly into a federal Performance Management Tool (PMT).
2. FINANCIAL AND ADMINISTRATIVE MANAGEMENT
A. The Grantee assures that fund accounting, auditing, monitoring, evaluation procedures and
such records as necessary will be maintained to assure adequate internal fiscal controls,
proper financial management, efficient disbursement of funds received, and maintenance of
required source documentation for all costs incurred. These principles must be applied for all
costs incurred whether charged on a direct or indirect basis.
B. All expenditures must be supported by appropriate source documentation. Only actual,
approved, allowable expenditures will be permitted.
C. The Grantee assures that it will comply with the applicable Administrative Guide of the
Division of Criminal Justice (Guide), located at the Division of Criminal Justice Grants
website. However, such a guide cannot cover every foreseeable contingency, and the Grantee
is ultimately responsible for compliance with applicable state and federal laws, rules and
regulations. In the event of conflicts or inconsistencies between the Guide and any applicable
state and federal laws, rules and regulations, such conflicts or inconsistencies shall be
resolved by applicable state and federal laws, rules and regulations.
3. PROCUREMENT AND CONTRACTS
A. Grantee assures that open, competitive procurement procedures will be followed for all
purchases under the grant. All contracts for professional services, of any amount, and
equipment purchases over five thousand dollars (per item, with a useful life of at least one
year) must receive prior approval by the DCJ. Grantee shall submit Form 16 – Professional
Services/Consultant Certification and/or Form 13 – Equipment Procurement Certification
Form.
B. Grantee may not assign its rights or duties under this grant without the prior written consent
of the DCJ.
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit B Page 3 of 3
4. AWARD CHANGE REQUESTS
A. Grantee may request budget modifications by submitting a request to DCJ. DCJ reserves the
right to make and authorize modifications, adjustments, and/or revisions to the Contract for the
purpose of making changes in budget categories, extensions of grant award dates, changes in
goals and objectives, and other modifications as described in the body of the Contract.
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit C Page 1 of 1
EXHIBIT C, SPECIAL CONDITIONS
The following program specific requirements are imposed by the State concerning special
requirements of law, program requirements, and other administrative requirements. These
requirements apply to this Agreement and must be passed on to subgrant award recipients.
The following Special Conditions documents, if checked, are incorporated herein.
☒ 2021 State Juvenile Diversion Grant Program Special Conditions
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EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit D Page 1 of 1
EXHIBIT D, STATEMENT OF WORK
The Statement of Work contained within the DocuSign Envelope is incorporated herein.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit E Page 1 of 1
EXHIBIT E, BUDGET
The Budget and Budget Narrative contained within the DocuSign Envelope is incorporated herein.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
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Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit D - Page 1 of 3
EXHIBIT D – STATEMENT OF WORK
Project Summary
Fort Collins Restorative Justice Services will provide restorative justice services as an accountability option for 65
youth referred from the 8th Judicial District Attorney's Office or from law enforcement in lieu of a summons to the
DAs Office. Through the restorative justice process, youth will be held accountable for the harm they caused while
being recognized for their positive qualities. Each youth will help develop a contract where they can repair the harm
they caused to the people affected by the incident, including their community, family and themselves. The people
harmed by the crime and community members will be included in every restorative conference. By completing the
program, youth are kept from going further into the justice system.
Project Plan
Restorative Justice Services’ philosophy is a theory of justice that emphasizes identifying and repairing the harm
caused by crime.
This project will provide Restorative Justice as a diversion option for youth referred from the 8th Judicial District
Attorney’s Office as well as youth referred from law enforcement in lieu of a summons to the DAs Office.
In restorative justice, the purpose is to respond to the crime by identifying, involving the stakeholders (victim,
offender, community), and holding the youth accountable for repairing the harm. The concerns for the youth, the
harmed parties and the community are balanced.
Youth are screened at intake for substance abuse (SA) and mental health (MH). When recommended, further
assessment and/or treatment become requirements of the diversion program. RJS staff monitor contract completion
and have a completion meeting with the responsible youth and their parent/guardian
The contract has 3 primary sections:
Giving back to the victim
Giving back to the community
Giving back to the self and family
To reflect restorative justice philosophy, most contracts include requirements to repair harm to victim and
community. There is a minimum requirement of 20 restorative hours for a contract. The contract may contain
treatment or supervision requirements; such as: counseling, drug/alcohol assessment or monitoring, participation in
classes or programs, school counseling, contact or supervision, support groups, mentoring etc. Each contract is
designed for the specific incident and youth. The contract may include requirements from RJ staff based on
screening and/or family requests but other contract requirements are determined by the conference participants.
Conference participants include: youth responsible for causing harm, their support, harmed persons, their support,
community representatives, affected community members and (often) peer community members.
RJS accepts youth (10-17) referred from the 8th Judicial District Attorney’s Office or those that are referred in lieu
of a summons to the DAs office. Most juveniles are referred pre-file; some are referred post-file especially if a
victim requests RJ. RJS staff have a face-to-face intake meeting with the youth and parent/guardian. Decisions
about required referrals are made at this point. Screening tools used by the DAs and also by RJS include: ARNA,
CRAFFT, GAINSS.
The youth and family are required to comply with what is recommended based on the screening (counseling,
further assessment, drug/alcohol monitoring/classes, etc.). RJS works with and refers to many community agencies
including: the Center for Family Outreach, the CSU Center for Family and Couples Therapy (CFCT), LifeStance
Counseling, Summitstone Health Center, IMatter and others. Families always have the option to use a provider of
their choice for mental health services. Insurance is considered in weighing options.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 54
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit D - Page 2 of 3
RJS accept youth (10-17) who commit chargeable offenses in our community and are referred by the DAs Office or
referred in lieu of a summons. We do not accept sex or DV offenses. For non-shoplifting cases, RJS staff invite the
victim/s to participate. If they do not want to participate or have a personal representative participate, the case is
sent to the REFLECT Program, which does not require victim involvement but rather trained victim surrogates.
The process is voluntary for all participants. The youth must admit to their involvement in the incident. If there is
monetary restitution, and the victim provides written verification of this damage, the youth and family must agree
to pay it. RJS accepts petty, misdemeanor and felony cases. Most cases referred are misdemeanors and some are
felonies. RJS also accepts youth on probation when a new offense is referred in lieu of sending the probationer back
to court.
RJS will provide restorative justice conferencing services to 70 youth, their families, and the victims of their
crimes. The approach taken is Restorative Justice, an inclusive, accountability-based approach that addresses the
needs and concerns of youth who caused harm and their families, the people who were harmed or impacted by the
crimes, affected community members as well as the general community. The primary purpose of a restorative
justice approach is to identify the harm caused by an incident and to bring affected parties together to find ways to
repair the harm. As part of the restorative process, RJS works with juveniles involved in these incidents to be
accountable for the harm they caused and also to address the issues underlying their criminal behavior.
Each RJ circle is built based on the needs and what will be of greatest benefit to the primary participants; the
responsible youth and the people who were harmed.
For example, an accountability contract can be adjusted and individualized to be accessible and doable for a youth
with learning disabilities. RJS attempts to include family members, school support people, peer and adult
community members in the circle to assure support and understanding for the youth, in addition to accountability.
RJS does the same for participating harmed parties. During the intake process screening is done for mental health
issues as well as substance abuse. When identified, addressing these issues becomes part of the requirements for
completing the program. They are considered "repairing the harm done to self.
Services:
The services within the program include:
• intake meeting with responsible youth and parent/s including screening for substance abuse and mental health
• resource referrals based on screening results
• preconference meetings with facilitators
• the restorative justice conference (face-to-face meeting with victim, victim support, community members and
family)
• accountability contract requirements
• check-ins and availability of staff during contract phase
• one or more follow-up meetings to verify contract compliance and assess how the youth and family have
progressed.
RJ staff are always available by phone or in person for questions or concerns. RJS also provides pre-conferencing
services and resource referrals for the people harmed by the incident, family members and community members. In
house services that support the direct services to youth responsible for harm, the people harmed and the community
include: review and assessment of cases, background checks, records maintenance, case management services,
volunteer recruitment, training and management, supervision and monitoring of contract compliance, collecting and
reporting data, referral assistance for community service, counseling and other support services in the community.
In addition, RJS does pre- and post- surveys for each youth and participant satisfaction surveys for victims,
community, parents and all other participants. RJ staff also reviews and deliver letters of apology, restitution and
other appropriate contract items. RJS trains staff and volunteers to adhere to the RJ Facilitator Code of Conduct and
Standards of Training and Practice set forth by the Colorado’s Restorative Justice Coordinating Council and
Colorado Coalition of Restorative Justice Directors.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 55
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit D - Page 3 of 3
Restorative practices used as part of the programming:
• Restorative Justice Family/Community Conferences
• Youth assets emphasis in circle and contract
• Victim/Community Impact panels
• Meaningful Community Service
• Restitution
• Victim/Community representation in every circle
• Restorative contracts
• Pre-conferencing services
• Completion interviews and contract review
• Restorative language and approach throughout.
Graduated sanctions are built into the system. If a youth re-offends while in the program, RJ staff consult with the
DA representative, who determines next steps on a case-by-case basis with input from RJ staff.
If a youth referred by probation re-offends while in the program, the additional sanctions are handled by the
Probation Officer. In all cases, staff communicate with the referring agency about the offender's participation in the
program, and any completed contract items.
Noncompliance: If a youth does not complete his/her contract by the deadline, we work with the youth and family
on the issues that caused noncompliance. Extensions are given for good reason, and support as needed.
Goals & Outcomes
Goal 1 To prevent further involvement in the formal justice system for youth who commit crimes
in the community.
Objective Provide Restorative Justice conferencing as a diversion option for 65 youth
Outcome 65 youth will be served. 90% of youth will complete program requirements.
Measurement Number of youth receiving services during the time period. Percentage of youth who
complete vs noncomplete. 90% or more of youth are happy with their experience.
Timeframe July 1, 2024- June 30, 2025
Objective Give the victim and community a voice in the restorative justice
process.
Outcome 100% of RJ circles include victim and community members and/or representatives and
their concerns are considered as part of
for the youth to repair the harm done.
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 56
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Fort Collins Restorative Justice Services DCJ Grant #: 2025-DV-25-30008-08
Exhibit E - Page 1 of 1
Exhibit E – Budget
Budget Summary
Total $ 40,428
Non-Personnel: Budget & Budget Narrative Details
Budget Item Amount To Be Paid By Grant Funds Budget Narrative and Justification
SUPPLIES & OPERATING
Supplies & Operating Total $0
TRAVEL
Travel Total $0
EQUIPMENT
Equipment Total $0
CONSULTANTS/CONTRACTS (PROFESSIONAL SERVICES)
Consultants/Contracts Total $0
INDIRECT
Indirect Total $0
Total Non-Personnel $0
Personnel: Budget & Budget Narrative Details
Position Title Annual Base
Salary
to Be Paid
by
Diversion
Paid by
Diversion
Funds
Fringe to Be Paid by
Diversion
Funds
by Diversion
Funds
Base Salary +
Fringe
Fringe to Be Paid by
Diversion Funds
RJ Sr. Specialist $ 79,887 $ 32,564 40.76 % $ 25,057 $ 7,864 31.38 % $ 104,944 $ 40,428
This position is the RJ Program Sr. Specialist and is a classified employee; Full time. Job classification is determined
by an assessment of the duties. Job duties related to Diversion include: program coordination and case management
for all RJ programming, volunteer management and training, Communication with RJ referral sources, updating
program procedures as needed, DA intake meetings and other communications, administering mental health
screening and making referrals, collaborating with community partners, contacting victims and addressing their
needs in the RJ process, assessing all cases to determine best fit, best program and needed resources. Medical:
Personnel Total:
DocuSign Envelope ID: DE62EE88-5DBC-4D1E-ADBA-1308C1C11AC7
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 57
Item 2.
Certificate Of Completion
Envelope Id: DE62EE885DBC4D1EADBA1308C1C11AC7 Status: Completed
Subject: DCJ Grant Juvenile Diversion 2025-DV-25-30008-08 City of Fort Collins
Source Envelope:
Document Pages: 24 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 OAJJA Grants
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
700 Kipling St
Lakewood, CO 80215
cdps_dcj_oajjagrants@state.co.us
IP Address: 165.127.87.1
Record Tracking
Status: Original
6/18/2024 12:07:42 PM
Holder: OAJJA Grants
cdps_dcj_oajjagrants@state.co.us
Location: DocuSign
Security Appliance Status: Connected Pool: FedRamp
Storage Appliance Status: Connected Pool: CDPS Contracts and Grants Location: DocuSign
Signer Events Signature Timestamp
Matthew M. Lunn, PhD
matthew.lunn@state.co.us
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 165.127.87.1
Sent: 6/18/2024 12:12:36 PM
Viewed: 6/18/2024 12:29:07 PM
Signed: 6/18/2024 12:29:42 PM
Electronic Record and Signature Disclosure:
Accepted: 6/18/2024 12:29:07 PM
ID: bd91a6da-fbd8-4d50-a52d-06eaa5297af8
Lyndsay Clelland
lyndsay.clelland@state.co.us
Contract, Grant and Compliance Coordinator
Division of Criminal Justice
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.29.130.140
Sent: 6/18/2024 12:29:43 PM
Viewed: 6/18/2024 3:40:24 PM
Signed: 6/18/2024 3:40:34 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Gary Fugo
gary.fugo@state.co.us
Security Level: Email, Account Authentication
(None)
Sent: 6/18/2024 3:40:36 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 58
Item 2.
Carbon Copy Events Status Timestamp
Kate Ferebee
Kate.Ferebee@state.co.us
Security Level: Email, Account Authentication
(None)
Sent: 6/18/2024 3:40:36 PM
Electronic Record and Signature Disclosure:
Accepted: 12/5/2023 12:36:38 PM
ID: a4ce6fe0-5dc1-4316-9e51-12a02feed373
Michael Burtis
Michael.Burtis@state.co.us
Analyst IV
DCJ CDPS
Security Level: Email, Account Authentication
(None)
Sent: 6/18/2024 3:40:37 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/18/2024 12:12:36 PM
Certified Delivered Security Checked 6/18/2024 3:40:24 PM
Signing Complete Security Checked 6/18/2024 3:40:34 PM
Completed Security Checked 6/18/2024 3:40:37 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 59
Item 2.
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, CDPS Contracts and Grants (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the DocuSign
system. Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 8/10/2022 3:16:46 PM
Parties agreed to: Matthew M. Lunn, PhD, Kate Ferebee
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 60
Item 2.
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact CDPS Contracts and Grants:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: sarah.white@state.co.us
To advise CDPS Contracts and Grants of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at sarah.white@state.co.us and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from CDPS Contracts and Grants
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to sarah.white@state.co.us and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with CDPS Contracts and Grants
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 61
Item 2.
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to sarah.white@state.co.us and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify CDPS Contracts and Grants as described above, you consent to
receive exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by CDPS Contracts and Grants during the course of your relationship
with CDPS Contracts and Grants.
EXHIBIT A TO ORDINANCE NO. 117, 2025
Page 62
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Grant Option Letter Number: 02 Page 1 of 2 V1_20241106 (DCJ 1/27/25)
State of Colorado Grant Modification
Option Letter
State Agency
Department of Public Safety, Division of Criminal
Justice
Grantee
City of Fort Collins
Grantee UEI
VEJ3BS5GK5G1
Option Letter Number
02
Original Agreement Number
2025-DV-25-30008-08
Option Agreement Number
2026-DV-26-463-08
Agreement Performance Beginning Date
July 1, 2024
Current Agreement Expiration Date
June 30, 2026
Current Agreement Maximum Amount
Initial Term
State Fiscal Year 2025 $ 53,428
Extension Terms
State Fiscal Year 2026 $ 35,637
Total for all State Fiscal Years $ 89,065
Options:
Option to add additional Term
Required Provisions:
In accordance with Section(s) 16(D)(i) of the Original Agreement referenced above, the State
hereby exercises its option for an additional term, beginning July 1, 2025 and ending on the
current agreement expiration date shown above.
The Agreement Maximum Amount table on the Agreement’s Signature and Cover Page is hereby
deleted and replaced with the Current Agreement Maximum Amount table shown above.
A revised Exhibit D, Statement of Work is hereby incorporated into this document and shall
replace all other prior Fiscal Year versions.
A revised Exhibit E, Budget is hereby incorporated into this document and shall replace all other
prior Fiscal Year versions.
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 63
Item 2.
Grantee: City of Fort Collins Community Development and Neighborhood Services
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Grant Option Letter Number: 02 Page 2 of 2 V1_20241106 (DCJ 1/27/25)
Option Effective Date:
The effective date of this Option Letter is upon approval of the State Controller.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Safety
Stan Hilkey, Executive Director
__________________________________________
By: Dr. Matthew M. Lunn, PhD
Director, Division of Criminal Justice
Date: _______________________
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
__________________________________________
By: Lyndsay J. Clelland
Grant Coordinator, Division of Criminal Justice
Amendment Effective Date: ______________
In accordance with §24-30-202, C.R.S., this
Agreement is not valid until signed and dated by
the State Controller or an authorized delegate.
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
06/25/2025 | 8:23:19 AM PDT 06/25/2025 | 10:35:36 AM MDT
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 64
Item 2.
Grantee: City of Fort Collins - Conflict Transformation Works
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Exhibit D, Statement of Work Page 1 of 3
EXHIBIT D, STATEMENT OF WORK
Project Summary
Fort Collins Conflict Transformation Works will provide restorative justice services as an accountability option for 35
youth referred from the 8th Judicial District Attorney's Office. Through the restorative justice process, youth will be
held accountable for the harm caused while being recognized for their positive qualities. Each youth will help develop a
contract where they can repair the harm they caused to the people affected by the incident, including their
community, family and themselves. The people harmed by the crime and community members will be included in
every restorative conference. By completing the program, youth are kept from going further into the justice system.
Project Plan
This project will provide Restorative Justice as a diversion option for youth referred from the 8th Judicial District
Attorney’s Office. In restorative justice, the purpose is to respond to the crime by identifying the harm caused,
involving the people who were impacted and holding the youth accountable for repairing the harm. The concerns for
the youth, the harmed parties and the community are balanced. In this project there is a strong emphasis on
identifying and recognizing a responsible youth’s strengths, making this part of the assessment and discussion at all
parts of the program.
Most juveniles are referred pre-file; some are referred post-file.
Youth are screened at intake for substance abuse (SA) and mental health (MH). When recommended, further
assessment and/or treatment become requirements of the program. CTW staff monitor contract completion and have
a completion meeting with the responsible youth and their support people. The contract has 3 primary sections:
Giving back to the victim (harmed persons), Giving back to the community, Giving back to the self and family. There is a
minimum requirement of 20 restorative hours for a contract. The contract may contain treatment or supervision
requirements such as: counseling, drug/alcohol assessment or monitoring, participation in classes or programs, school
counseling, contact or supervision, support groups, mentoring etc. Each contract is designed for the specific incident
and youth. The contract may include requirements from CTW staff based on screening and/or family requests but
other contract requirements are determined by the conference participants.
Conference participants include: youth responsible for causing harm, their support, harmed persons, their support,
community representatives, affected community members and (often) peer community members. CTW staff have a
face-to-face intake meeting with the youth and support. Decisions about required referrals are made at this point.
Screening tools used by the DAs and also by RJS include: ARNA, CRAFFT, GAINSS. The youth and family are required to
comply with what is recommended based on the screening (counseling, further assessment, drug/alcohol
monitoring/classes, etc.).
CTW works with and refers to many community agencies including: the Center for Family Outreach, the CSU Center for
Family and Couples Therapy (CFCT), LifeStance Counseling, Summitstone Health Center, IMatter and others. Families
always have the option to use a provider of their choice for mental health services. Insurance is considered in weighing
options.
For non-shoplifting cases, CTW staff invite the victim (harmed persons) to participate. If they do not want to participate
or have a personal representative participate, the case is sent to the REFLECT Program, which uses trained victim
surrogates.
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 65
Item 2.
Grantee: City of Fort Collins - Conflict Transformation Works
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Exhibit D, Statement of Work Page 2 of 3
The process is voluntary for all participants. The youth must admit to their involvement in the incident. If there is
monetary restitution, and the victim provides written verification of this damage, the youth and family must agree to
pay it.
CTW accepts petty, misdemeanor and felony cases. Most cases referred are misdemeanors and some are felonies. RJS
also accepts youth on probation when a new offense is referred in lieu of sending the probationer back to court.
Each RJ circle is built based on the needs and what will be of greatest benefit to the primary participants; the
responsible youth and the people who were harmed. For example, an accountability contract can be adjusted and
individualized to be accessible and doable for a youth with learning disabilities. CTW includes family members, school
support people, peer and adult community members in the circle to assure support and understanding for the youth,
in addition to accountability. CTW does the same for participating harmed parties.
CTW works on cultural, developmental and gender appropriateness by building every RJ circle individually, including
the youth, family and harmed person in deciding who should be part of the circle. Youth and their support people also
have choice in determining how the youth can repair harm, what service the youth chooses to do to give back to the
community. The CTW programs have a very strong emphasis on the youth’s strengths, making this part of the
assessment and discussion at all parts of the program: intake, pre-conference, conference, contract development and
completion circle.
During the intake process screening is done for mental health issues as well as substance abuse. When identified,
addressing these issues becomes part of the requirements for completing the program. They are considered "repairing
the harm to self.”
Services: The services within the program include:
•intake meeting with responsible youth and parent/s including screening for substance abuse and mental health
•resource referrals based on screening results
•preconference meetings with facilitators
•the restorative justice conference (face-to-face meeting with victim, victim support, community members and
family)
•accountability contract requirements
•check-ins and availability of staff during contract phase
•one or more follow-up meetings to verify contract compliance and assess how the youth and family have
progressed.
•contact and relationship opportunities with community volunteers
•CTW staff are always available by phone or in person for questions or concerns.
•CTW provides pre-conferencing services and resource referrals for the people harmed by the incident, family
members and community members.
In house services that support the direct services to youth responsible for harm, the people harmed and the
community include: review and assessment of cases, background checks, records maintenance, case management
services, volunteer recruitment, training and management, supervision and monitoring of contract compliance,
collecting and reporting data, referral assistance for community service, counseling and other support services in the
community.
In addition, CTW does pre and post surveys for each youth and participant satisfaction surveys for victims, community,
parents and all other participants. CTW staff also reviews and delivers letters of apology, restitution and other
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 66
Item 2.
Grantee: City of Fort Collins - Conflict Transformation Works
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Exhibit D, Statement of Work Page 3 of 3
appropriate contract items.
CTW trains staff and volunteers to adhere to the RJ Facilitator Code of Conduct and Standards of Training and Practice
set forth by the Colorado’s Restorative Justice Coordinating Council and Colorado Coalition of Restorative Justice
Directors. Restorative practices used as part of the programming: , Restorative Justice Family/Community Conferences
, Youth assets emphasis in circle and contract , Victim/Community Impact panels , Meaningful Community Service ,
Restitution , Victim/Community representation in every circle , Restorative contracts , Pre-conferencing services ,
Completion interviews and contract review , Restorative language and approach throughout.
Graduated sanctions are built into the system we work with.
• If a youth re-offends while in the program, RJ staff consult with the DA representative, who determines next steps on
a case-by-case basis with input from RJ staff.
• If a youth referred by probation re-offends while in the program, the additional sanctions are handled by the
Probation Officer.
• In all cases, we communicate with the referring agency about the youth’s participation in the program, and any
completed contract items.
Noncompliance: If a youth does not complete his/her contract by the deadline, we work with the youth and family on
the issues that caused noncompliance. Extensions are given for good reason, and support as needed. If the youth
continues to be noncompliant, we refer them back to the DAs office, who determines next steps on a case-by-case
basis with input from RJ staff.
Goals and Objectives
Goal 1: To prevent further involvement in the formal justice system for youth who commit crimes in our
community.
• Objective 1.1
▪ Objective: Provide Restorative Justice conferencing as a diversion option for 35 youth
▪ Outcome: 35 youth will be served. 90% of youth will complete program requirements.
▪ Measurement: Number of youth receiving services during the time period. Percentage of
youth who complete vs noncomplete. 90% or more of youth are happy with their
experience.
▪ Timeline: 7/1/2025-6/30/2026
• Objective 1.2
▪ Objective: Provide the opportunity for victim and community to have a voice in the
restorative justice process.
Outcome: 100% of RJ circles include victim and community members and/or
representatives and their concerns are considered as part of the process. Victims and
community help identify the harm caused by crimes youth commit in our community and
provide meaningful ways for the youth to repair the harm done.
95% of victim and community reps are happy with their RJ experience.
▪ Measurement: Case files and participant satisfaction surveys.
100% of RJ conferences will include one or more victim and community representatives.
▪ Timeline: 7/1/2025-6/30/2026
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 67
Item 2.
Grantee: City of Fort Collins - Conflict Transformation Works
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Exhibit E, Budget and Budget Narrative Page 1 of 3
EXHIBIT E, BUDGET
Personnel
Position Title: Restorative Justice Specialist
Name: Mary-Claire Geiss
Total # hours per week: 40
Base Pay % Paid by Grant Amount Paid by Grant
Funds
Salary $ 82,683 27% $ 22,324.41
Fringe/Benefits $ 24,861 24% $ 5,966.64
Subtotal $ 107,544 $ 28,291.05
Additional
funding for
position
City of Fort Collins
Narrative This position is the RJ Program Sr.
Specialist and is a classified employee; Full time. Job
classification is determined by an
assessment of the duties.
Job duties related to Diversion include: program coordination
and case management for all RJ
programming, volunteer
management and training,
Communication with RJ referral
sources, updating program
procedures as needed, DA intake
meetings and other communications,
administering mental health screening and making referrals,
collaborating with community partners, contacting victims and
addressing their needs in the RJ
process, assessing all cases to determine best fit, best program
and needed resources. Benefits include: Medical: $12,443; Dental: 608; Life
100; LTD 406; FICA 6,072;
401K 5,159; WC 73.
Position Title: CTW Program Assistant
Name: Laurie Linam
Total # hours per week: 25
Base Pay % Paid by Grant Amount Paid by Grant
Funds
Salary $ 51,480 14% $ 7,207.20
Fringe/Benefits $ 4,616 3% $ 138.48
Subtotal $ 56,096 $ 7,345.68
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 68
Item 2.
Grantee: City of Fort Collins - Conflict Transformation Works
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Exhibit E, Budget and Budget Narrative Page 2 of 3
Additional
funding for
position
City of Fort Collins
Narrative This position is the CTW Program Assistant. It is a part-time hourly position
serving the CTW programs. The classification is determined by an assessment of
the duties.
This position assists program specialists with case management responsibilities.
Job duties related to Diversion include: data entry and case management
support for all RJ programming; conducting intake meetings with DA referrals
and families; corresponding through email and phone with referral partners
and program participants; facilitating restorative justice circles as needed;
administering mental health screening and making referrals. This job is part -
time with limited benefits. Benefits are FICA and Workman's Comp at 9% of
salary.
Personnel Subtotal: $ 35,636.73
Supplies and Operating
Item Amount Budget Narrative
Supplies and Operating Subtotal: $0.00
Travel
Item Amount Budget Narrative
Travel Subtotal: $ 0
Equipment
Item # of Items
Charged to Grant
Unit Cost Amount Budget Narrative
Equipment Subtotal: $ 0
Consultants / Contracts
Name Amount Budget Narrative
Consultants / Contracts Subtotal: $ 0
Indirect
Effective Date Expiration Date Amount Budget Narrative
Indirect Subtotal: $ 0
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 69
Item 2.
Grantee: City of Fort Collins - Conflict Transformation Works
Project: Restorative Justice Services
Grant #: 2026-DV-26-463-08
Exhibit E, Budget and Budget Narrative Page 3 of 3
Overall Budget Summary
Funding Request
Personnel $ 35,636.73
Supplies and Operating $ 0
Travel $ 0
Equipment $ 0
Consultants / Contracts $ 0
Subgrants $ 0
Indirect Costs $ 0
Total $ 35,637
Docusign Envelope ID: DA8CA277-B0E2-4FE1-8610-559E258C512F
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 70
Item 2.
Certificate Of Completion
Envelope Id: DA8CA277-B0E2-4FE1-8610-559E258C512F Status: Completed
Subject: 2026-DV-26-463-08 - 2026 Diversion - City of Fort Collins - Conflict Transformation Works
Source Envelope:
Document Pages: 8 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 OAJJA Grants
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
700 Kipling St
Lakewood, CO 80215
cdps_dcj_oajjagrants@state.co.us
IP Address: 165.127.87.1
Record Tracking
Status: Original
6/25/2025 8:56:14 AM
Holder: OAJJA Grants
cdps_dcj_oajjagrants@state.co.us
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Storage Appliance Status: Connected Pool: CDPS Contracts and Grants Location: Docusign
Signer Events Signature Timestamp
Matthew M. Lunn Ph.D.
Matthew.lunn@state.co.us
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 165.127.87.1
Sent: 6/25/2025 8:58:52 AM
Viewed: 6/25/2025 9:23:03 AM
Signed: 6/25/2025 9:23:19 AM
Electronic Record and Signature Disclosure:
Accepted: 6/25/2025 9:23:03 AM
ID: 92a4aff4-7e35-4256-99b8-f68c2bf14868
Lyndsay Clelland
lyndsay.clelland@state.co.us
Contract, Grant and Compliance Coordinator
Division of Criminal Justice
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.16.157.76
Sent: 6/25/2025 9:23:20 AM
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In Person Signer Events Signature Timestamp
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Carbon Copy Events Status Timestamp
Kinsey Garrett
kinsey.garrett@state.co.us
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2025 10:35:37 AM
Electronic Record and Signature Disclosure:
Accepted: 2/13/2025 9:00:59 AM
ID: 7c15a595-b4a6-4f0b-ac05-bc85b178243e
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 71
Item 2.
Carbon Copy Events Status Timestamp
Kate Ferebee
Kate.Ferebee@state.co.us
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2025 10:35:37 AM
Electronic Record and Signature Disclosure:
Accepted: 12/5/2023 12:36:38 PM
ID: a4ce6fe0-5dc1-4316-9e51-12a02feed373
DCJ GMS
dcjgms@state.co.us
Security Level: Email, Account Authentication
(None)
Sent: 6/25/2025 10:35:38 AM
Electronic Record and Signature Disclosure:
Accepted: 6/14/2024 10:14:04 AM
ID: c36f597f-bb29-4102-b870-1674cfd2acdb
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/25/2025 8:58:53 AM
Certified Delivered Security Checked 6/25/2025 10:24:59 AM
Signing Complete Security Checked 6/25/2025 10:35:36 AM
Completed Security Checked 6/25/2025 10:35:38 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 72
Item 2.
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, CDPS Contracts and Grants (we, us or Company) may be required by law to
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Electronic Record and Signature Disclosure created on: 8/10/2022 3:16:46 PM
Parties agreed to: Matthew M. Lunn Ph.D., Kinsey Garrett, Kate Ferebee, DCJ GMS
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 73
Item 2.
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
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format you may:
EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 74
Item 2.
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
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EXHIBIT B TO ORDINANCE NO. 117, 2025
Page 75
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 118, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for
Transit Replacement, Enhancement and Maintenance of Assets.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates
unanticipated grant funds.
Page 76
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Monica Martinez, Finance Manager, PDT
Annabelle Phillips, Assistant Director, Transfort
SUBJECT
Second Reading of Ordinance No. 118, 2025, Making Supplemental Appropriations, Appropriating
Prior Year Reserves and Authorizing Transfers of Appropriations for Transit Replacement,
Enhancement and Maintenance of Assets.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates unanticipated grant
funds.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
FEDERAL FUNDS
The Federal Transit Administration (FTA) awarded Transfort Fiscal Year (FY) 2025 5339 and 5307 Federal
Formula Funds. These funds were previously scheduled via BFO for appropriation in 2026. Staff now
requests appropriation of this funding in 2025 as awards are available and can be used to initiate projects
this year, including general maintenance, a passenger survey, and exterior lighting at the Transfort
Maintenance Facility. In future BFO cycles, staff will lag operational grant budgets by a year but appropr iate
all other grant budgets in line with the current City fiscal year. Both grants require a local match, which will
be funded using a transfer from the Transit System portion of the 2050 Tax Parks Rec Transit OCF Fund
to the Transit Services Fund. Transfort operates federal formula grants like these under pre-award
authority.
5339 Federal Formula Funds: can be used for capital repair, replacement and enhancement of assets
related to rolling stock, facilities and technology.
o Fiscal Year 2025 5339: $329,072 federal grant funds, $82,268 local match funds
5307 Federal Formula Funds (capital portion): funds can be used to maintain and replace capital
assets as well as for transit planning and design projects.
o Fiscal Year 2025 5307: $400,000 federal grant funds, $100,000 local match funds.
Page 77
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
All local match amounts will be funded using a transfer from the Transit System portion of the 2050 Tax
Parks Rec Transit OCF Fund to the Transit Services Fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 118, 2025
Page 78
Item 3.
- 1 -
ORDINANCE NO. 118, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS,
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR TRANSIT
REPLACEMENT, ENHANCEMENT AND MAINTENANCE OF
ASSETS
A. The Federal Transit Administration (FTA) awarded Transfort $329,072 in
Fiscal Year 2025 (FY25) 5339 Federal Formula Funds (5339 grant) to be used for capital
repair, replacement and enhancement of assets related to rolling stock, facilities and
technology, and $400,000 in FY25 5307 Federal Formula Funds (5307 grant) to be used
to maintain and replace capital assets as well as for transit planning and design projects.
B. Both of these grants were previously scheduled for appropriation in 2026 as
part of the City’s Budgeting for Outcomes Process; however, these awards are now
available and can be used to initiate Transfort projects in 2025.
C. The City will utilize these funds to provide for general concrete
maintenance, a passenger survey, and exterior lighting a t the Transfort Maintenance
Facility.
D. The FY25 5339 grant requires a local match of $82,268, and the FY25 5307
grant requires a local match of $100,000.
E. The local match for both grants will be funded using the transit system line
item of the 2050 Tax Parks Rec Transit OCF Fund.
F. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the essential
transportation services that many transit dependent members of the community rely on
to get to and from work, buy groceries and other essentials, to receive medical care, and
to care for family and friends.
G. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Transit Services Fund and that this appropriation will not cause
the total amount appropriated in the Transit Services Fund to exceed the current estimate
Page 79
Item 3.
- 2 -
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
I. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
J. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the 2050 Tax Parks Rec Transit OCF Fund and that this
appropriation will not cause the total amount appropriated in the 2050 Tax Parks Rec
Transit OCF Fund to exceed the current estimate of actual and anticipated revenues and
all other funds to be received in this Fund during this fiscal year.
K. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
L. The City Manager has recommended the transfer of $182,268 from the
2050 Tax Parks Rec Transit OCF Fund to the Transit Services Fund and determined that
the purpose for which the transferred funds are to be expended remains unchanged.
M. 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 fi scal 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.
N. The City Council wishes to designate the appropriation herein for the
Federal Transit Authority 5339 and 5307 Grants and Local Grant Match 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 80
Item 3.
- 3 -
Section 1. There is hereby appropriated from new revenue or other funds in the
Transit Services Fund the sum of SEVEN HUNDRED TWENTY-NINE THOUSAND
SEVENTY-TWO DOLLARS ($729,072) to be expended in the Transit Services Fund for
Transit Replacement, Enhancement and Maintenance of Assets.
Section 2. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund the sum of ONE HUNDRED EIGHT-TWO THOUSAND
TWO HUNDRED SIXTY-EIGHT DOLLARS ($182,268) to be expended in the 2050 Tax
Parks Rec Transit OCF Fund for transfer to the Transit Services Fund to be expended
therein for Local Grant Match for Transit Services Fund for Transit Replacement,
Enhancement and Maintenance of Assets.
Section 3. The appropriation herein for Federal Transit Authority 5339 and 5307
Grants and Local Grant Match 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 July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Stefanie Boster and Madelene Shehan
Exhibit: None
Page 81
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 119, 2025, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for
Transit Operations and Services and Bus Replacement.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates
unanticipated grant funds and transfers previously appropriated grant funds per updated
Federal Transit Authority Grant Award Amounts.
Page 82
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Monica Martinez, Finance Manager, PDT
Annabelle Phillips, Assistant Director, Transfort
SUBJECT
Second Reading of Ordinance No. 119, 2025, Making Supplemental Appropriations, Appropriating
Prior Year Reserves and Authorizing Transfers of Appropriations for Transit Operations and
Services and Bus Replacement.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates unanticipated grant
funds and transfers previously appropriated grant funds per updated Federal Transit Authority Grant Award
Amounts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
FEDERAL FUNDS
The timing of annual federal apportionments from the Federal Transit Administration (FTA) to Transfort
requires that federal funding amounts used in the City’s budget process be forecasted amounts based on
historical federal apportionments. Official annual apportionments are released each spring by theFTA, and
Transfort staff has identified annual budget revisions as an opportunity to update forecasted amounts to
updated apportionment amounts, which will improve grant tracking and reporting. Until funds are fully
expended, additional reconciliation may be required as actual use of funds can result in different match
rates.
5310 Federal Formula Funds (5310 funds): 5310 funds are received annually by Transfort from the
FTA to be used exclusively for projects that benefit seniors and individuals with disabilities. These funds
require local matching funds in the amounts set out below, which will be funded using a transfer from
the Transit System portion of the 2050 Tax Park Rec Transit OCF Fund to the Transit Services Fund.
o Fiscal Year 2020 5310: $37,153 federal grant funds, $45,389 local match funds
o Fiscal Year 2022 5310: $73,000 federal grant funds, $51,266 local match funds
o Fiscal Year 2023 5310: no additional federal grant funds, $55,303 local match funds
o Fiscal Year 2024 5310: $43,822 federal grant funds, $12,221
Page 83
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
5337 Federal Formula Funds: This is a new federal funding source as of 2023 dedicated to
maintaining the MAX fixed guideway in a state of good repair. This includes projects which replace
and/or repair rolling stock, structures, signals and communications, passenger stations and terminals,
security equipment and systems, and maintenance facilities and equipment. Additional local match
dollars will be funded by transferring the 2050 Tax Parks Rec Transit OCF Fund to the Transit Services
Fund.
o Fiscal Year 2023 5337: $613,739 federal grant funds, $153,435 local match funds.
Community Capital Improvement Funds: funding for bus replacement was designated during the
prior CCIP cycle. This is not an appropriation of new funds but a transfer of funds into the Transit Fund
from the CCIP Fund. These funds will be used as local match for grant funds received for bus
purchases.
o CCIP: $500,000
CITY FINANCIAL IMPACTS
The $767,714 being appropriated in the Ordinance will be received in 2025.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 119, 2025
Page 84
Item 4.
- 1 -
ORDINANCE NO. 119, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS,
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR TRANSIT
OPERATIONS AND SERVICES AND BUS REPLACEMENT
A. The City’s budget process requires that revenue be projected up to three
years in advance of actual receipt of revenue.
B. Transfort's budgeting process directs that annual Federal Transit
Administration (“FTA”) grant amounts be projected using estimates based on historical
federal apportionments, anticipated trends, or anticipated changes to the federal funding
bill.
C. Specific confirmed amounts for each grant typically do not become available
until the spring of the award year.
D. As a result of this timing, Transfort must complete a yearly reconciliation
process that appropriates confirmed award amounts for grants used to reimburse the
City’s fiscal year's expenses. With regard to these FTA grants, the City typically allocates
the funds before it executes the grant agreements.
E. Transfort staff has identified annual budget revisions as an opportunity to
update forecasted amounts to final apportionment amounts, which will improve grant
tracking and reporting. Until funds are fully expended, additional reconciliation may be
required as actual use of funds can result in different match rates. All additional local
match dollars will funded by the 2050 Transit Services Fund.
F. This Ordinance reappropriates unused grant funds for the enhanced
mobility of seniors and individuals with disabilities ("5310 Federal Formula Funds") which
can be used exclusively for projects that benefit seniors and individuals with disabilities
into non-lapsing business units for fiscal years as follows:
o Fiscal Year 2020 5310: $37,153 federal grant funds, $45,389 local
match funds;
o Fiscal Year 2022 5310: $73,000 federal grant funds, $51,266 local
match funds;
o Fiscal Year 2023 5310: no additional federal grant funds, $55,303 local
match funds; and
o Fiscal Year 2024 5310: $43,822 federal grant funds, $12,221 local
match funds.
G. This supplemental appropriation also updates award amounts for a Federal
State of Good Repair Formula Funds ("5337 Federal Formula Funds"), which is a new
federal funding source as of 2023 dedicated to maintaining the MAX fixed guideway in a
state of good repair including projects which replace and repair rolling stock, structures,
Page 85
Item 4.
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signals and communications, passenger stations and terminals, security equipment and
systems, and maintenance facilities and equipment.
H. This Ordinance transfers $500,000 from the Community Capital
Improvement Project ("CCIP") Fund into the Transit Fund to be used as local match for
grant funds received for bus purchases.
I. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the essential
transportation services that many transit dependent members of the community rely on
to get to and from work, buy groceries and other essentials, to receive medical care, and
to care for family and friends.
J. 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.
K. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Transit Services Fund and that this appropriation will not cause
the total amount appropriated in the Transit Services Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
L. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
M. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the 2050 Tax Parks Rec Transit OCF Fund and the Community
Capital Improvement Project Fund and that this appropriation will not cause the total
amount appropriated in the 2050 Tax Parks Rec Transit OCF Fund and The Community
Capital Improvement 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.
N. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
Page 86
Item 4.
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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.
O. The City Manager has recommended the transfer of $317,614 from the
2050 Tax Parks Rec Transit OCF Fund to the Transit Services Fund and $500,000
Community Capital Improvement Project Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged.
P. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a 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.
Q. The City Council wishes to designate the appropriation herein for Federal
Transit Administration 5310 and 5337 Grant as an appropriation that shall not lapse until
the earlier of the expiration of the grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Transit Services Fund the sum of SEVEN HUNDRED SIXTY-SEVEN THOUSAND
SEVEN HUNDRED FOURTEEN DOLLARS ($767,714) to be expended in the Transit
Services Fund for Transit Operations and Services.
Section 2. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund the sum of THREE HUNDRED SEVENTEEN
THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($317,614) for transfer to the
Transit Services fund to be expended therein for the local grant match for Transit
Operations and Services.
Section 3. There is hereby appropriated from prior year reserves in the
Community Capital Improvement Project Fund the sum of FIVE HUNDRED THOUSAND
DOLLARS ($500,000) for transfer to the Transit Services fund to be expended therein for
the local grant match for Transit Bus Replacement.
Section 4. The appropriation herein for the Federal Transit Authority Grants
5310 and 5337 for Transit Operations and Services and Bus Replacement 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 grants.
Page 87
Item 4.
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Introduced, considered favorably on first reading on July 15, 2025 , and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Stefanie Boster and Madelene Shehan
Exhibit: None
Page 88
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 120, 2025, Making a Supplemental Appropriation,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for
Transfort Maintenance Facility Upgrades and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates
unanticipated grant funds.
Page 89
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Monica Martinez, Finance Manager, PDT
Annabelle Phillips, Assistant Director, Transfort
SUBJECT
Second Reading of Ordinance No. 120, 2025, Making a Supplemental Appropriation, Appropriating
Prior Year Reserves and Authorizing Transfers of Appropriations for Transfort Maintenance Facility
Upgrades and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, appropriates unanticipated grant
funds.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Transfort applied for and was awarded $1,500,000 in Fiscal Year 2023 grant funding through the Federal
Transit Administration’s Community Project Funding/Congressionally Directed Spending Program to
partially fund and support critical upgrades and repairs to the Transfort Maintenance Facility. This grant
requires a local match of $375,000, which will be met through a transfer of the Transit System portion of
the 2050 Tax Parks Rec Transit OCF Fund to the Transit Services Fund. The awarded and matching funds
will be used in 2025 for the Transit Maintenance Facility Upgrades Project including HVAC and electrical
updates, gas detection system, and garage door replacements.
CITY FINANCIAL IMPACTS
The local match amount of $375, 000 will be funded using 2050 Tax Parks Rec Transit OCF Fund reserves.
The APP program contribution will be $3,750 and will be appropriated from the same fund.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
Page 90
Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 120, 2025
Page 91
Item 5.
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ORDINANCE NO. 120, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION, APPROPRIATING
PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR TRANSFORT MAINTENANCE FACILITY
UPGRADES AND RELATED ART IN PUBLIC PLACES
A. The Federal Transit Administration (“FTA”) awarded Transfort $1,500,000
in Fiscal Year 2023 grant funding through the Community Project
Funding/Congressionally Directed Spending Program to partially fund and support critical
upgrades and repairs to the Transfort Maintenance Facility.
B. The City will utilize these funds for upgrades to the Transit Maintenance
Facility in 2025, including HVAC and electrical updates, gas detection system, and garage door
replacements.
C. This grant requires a local match of $375,000, which will be funded using a
transfer from the transit system line item of the 2050 Tax Parks Rec Transit OCF Fund to
the Transit Services Fund.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting the essential
transportation services that many transit dependent members of the community rely on
to get to and from work, buy groceries and other essentials, to receive medi cal care, and
to care for family and friends.
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 Transit Services Fund and that this appropriation will not cause
the total amount appropriated in the Transit Services Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
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.
Page 92
Item 5.
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H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the 2050 Tax Parks Rec Transit OCF Fund and that this
appropriation will not cause the total amount appropriated in the 2050 Tax Parks Rec
Transit OCF 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 proje ct 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 $375,000 from the
2050 Tax Parks Rec Transit OCF Fund to the Transit Services Fund and $3,750 From
the Transit Services Fund to the Cultural Services and Facilities Fund 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 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 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.
L. This Project involves construction estimated to cost more tha n $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”).
M. The grant funds appropriated in this Ordinance for the Project are ineligible
for use in the APP Program due to restrictions placed on them by the Federal
Government, the source of these funds.
N. The total project cost of $375,000 has been used to calculate the
contribution to the APP program.
O. The amount to be contributed in this Ordinance will be $3,750.
P. The City Council wishes to designate the appropriation herein for the
Transfort Maintenance Facility Upgrades Project as an appropriation that shall not lapse
until the earlier of the expiration of the grant (or donation) or the City’s expenditure of all
funds received from such grant (or donation).
Page 93
Item 5.
- 3 -
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Transit Services Fund the sum of ONE MILLION FIVE HUNDRED THOUSAND
DOLLARS ($1,500,000) to be expended in the Transit Services Fund for the Transfort
Maintenance Facility Upgrades Project.
Section 2. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund the sum of THREE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS ($375,000) to be expended in the 2050 Tax Parks Rec Transit
OCF Fund for transfer to the Transit Services Fund to expended therein for the Transfort
Maintenance Facility Upgrades Project.
Section 3. The unexpended and unencumbered appropriated amount of TWO
THOUSAND NINE HUNDRED TWENTY-FIVE DOLLARS ($2,925) in the Transit
Services 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 4. The unexpended and unencumbered appropriated amount of
SEVEN HUNDRED NINETY-FIVE DOLLARS ($750) in the Transit Services Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein for the operation costs of the APP Program.
Section 5. The unexpended and unencumbered appropriated amount of
SEVENTY-FIVE DOLLARS ($75) in the Transit Services Fund is hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expend ed
therein for the maintenance costs of the APP Program.
Section 6. The appropriation herein for the Transfort Maintenance Facility
Upgrades Project is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the completion of the project.
Page 94
Item 5.
- 4 -
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Stefanie Boster and Madelene Shehan
Exhibit: None
Page 95
Item 5.
File Attachments for Item:
6. Items Relating to the Edward Byrne Memorial Justice Assistant Grants.
A. Second Reading of Ordinance No. 121, 2025, Making a Supplemental Appropriation of Grant
Funds from the Colorado Office of Justice Programs 2023 Edward Byrne Memorial Justice
Assistance Grant Program Grant Award for Fort Collins Police Services.
B. Second Reading of Ordinance No. 122, 2025, Making a Supplemental Appropriation of
Grant Funds from the Colorado Office of Justice Programs 2024 Edward Byrne Memorial
Justice Assistance Grant Program Grant Award for Fort Collins Police Services.
These Ordinances, unanimously adopted on First Reading on July 15, 2025, support Fort
Collins Police Services in work performed as a member of the Northern Colorado Drug Task
Force, which is managed by the Larimer County Sheriff’s Department, with both Fort Collins
Police Services and Loveland Police being members. These member agencies support a broad
range of activities to prevent and control drug-related crimes.
Larimer County was awarded two grants, for 2023 and 2024 respectively, through the Edward
Byrne Memorial Justice Assistance Grant (JAG) program in support of operating the Northern
Colorado Drug Task Force.
The award for 2023 is $60,434 in total, and Fort Collins Police Services, as a subrecipient of the
grant, receives $18,058 of this 2023 award to support personnel costs and other operating costs
directly attributed to the Northern Colorado Drug Task Force. The award for 2024 is $50,489 in
total, and Fort Collins Police Services, again as a subrecipient, receives $15,025 of this 2024
JAG grant award also to support personnel costs and other operating costs directly attributable
to the Northern Colorado Drug Task Force.
Page 96
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Lt. Adam Ruehlen, Fort Collins Police Services
Juan Gonzalez, Finance Analyst, Fort Collins Police Services
Jo Cech, Fiscal Recovery Manager
Carisa Clinton, Senior Grants Analyst
SUBJECT
Items Relating to the Edward Byrne Memorial Justice Assistant Grants.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 121, 2025, Making a Supplemental Appropriation of Grant Funds
from the Colorado Office of Justice Programs 2023 Edward Byrne Memorial Justice Assistance Grant
Program Grant Award for Fort Collins Police Services.
B. Second Reading of Ordinance No. 122, 2025, Making a Supplemental Appropriation of Grant Funds
from the Colorado Office of Justice Programs 2024 Edward Byrne Memorial Justice Assistance Grant
Program Grant Award for Fort Collins Police Services.
These Ordinances, unanimously adopted on First Reading on July 15, 2025, support Fort Collins Police
Services in work performed as a member of the Northern Colorado Drug Task Force, which is managed
by the Larimer County Sheriff’s Department, with both Fort Collins Police Services and Loveland Police
being members. These member agencies support a broad range of activities to prevent and control drug-
related crimes.
Larimer County was awarded two grants, for 2023 and 2024 respectively, through the Edward Byrne
Memorial Justice Assistance Grant (JAG) program in support of operating the Northern Colorado Drug
Task Force.
The award for 2023 is $60,434 in total, and Fort Collins Police Services, as a subrecipient of the grant,
receives $18,058 of this 2023 award to support personnel costs and other operating costs directly attributed
to the Northern Colorado Drug Task Force. The award for 2024 is $50,489 in total, and Fort Collins Police
Services, again as a subrecipient, receives $15,025 of this 2024 JAG grant award also to support personnel
costs and other operating costs directly attributable to the Northern Colorado Drug Task Force.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Northern Colorado Drug Task Force is comprised of members from the Larimer County Sheriff’s Office,
Fort Collins Police Services, and Loveland Police Department. This task force supports safer Northern
Colorado communities through work to prevent and control drug-related crimes. Sworn officers with each
Page 97
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
member agency serve on the drug task force, which requires overtime pay and other operating costs. The
$18,058 in 2023 JAG grant funds and $15,025 in 2024 JAG grant funds awarded to Fort Collins Police
Services supports some of the operational costs FCPS incurs as a member of the Northern Colorado Drug
Task Force. The award period for the 2023 grant ends September 30, 2026, and the award period for the
2024 grant ends September 30, 2027.
CITY FINANCIAL IMPACTS
This item appropriates $18,058 in unanticipated revenue from the 2023 JAG program and $15,025 in
unanticipated revenue from the 2024 JAG program in support of work performed by Fort Collins Police
Services as a member of the Northern Colorado Drug Task Force.
There is no match requirement by the City under this grant. Larimer County, the direct recipient of these
federal funds, is passing $18,058 of the FY23 award and $15,025 of the FY24 award to Police Services.
Therefore, the City is deemed a subrecipient of federal funds under the JAG program.
The grants are a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$18,058 and $15,025 respectively.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 121, 2025
2. Ordinance No. 122, 2025
Page 98
Item 6.
- 1 -
ORDINANCE NO. 121, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATION OF GRANT FUNDS
FROM THE COLORADO OFFICE OF JUSTICE PROGRAMS 2023
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM GRANT AWARD FOR FORT COLLINS POLICE
SERVICES
A. The Northern Colorado Drug Task Force (the “Drug Task Force”) is
managed by the Larimer County Sheriff Department, with both Fort Collins Police
Services and Loveland Police being members. These member agencies support a broad
range of activities to prevent and control drug-related crimes.
B. Larimer County applied for and was awarded $60,434 through the 2023
Edward Byrne Memorial Justice Assistance Grant (“JAG”) program in support of operating
the Drug Task Force.
C. The City of Fort Collins, City of Loveland, and Larimer County have entered
into an intergovernmental agreement demonstrating the allocation of the $60,434
awarded under JAG in support of the Drug Task Force. Fort Collins Police Services
received $18,058 to support personnel costs and other operating costs directly attributed
to the Drug Task Force.
D. The $18,058 in JAG grant funds supports Fort Collins Police Services
covering some of the operational and personnel costs incurred as a member of the Drug
Task Force.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of keeping Northern Colorado
communities safer through work to prevent and control drug-related crimes.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds Colorado Office of Justice JAG
Page 99
Item 6.
- 2 -
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 expiratio n of the federal, state
or private grant or donation or the City’s expenditure of all funds received from such grant
or donation.
I. The City Council wishes to designate the appropriation herein for the
Colorado Office of Justice JAG Grant as an appropriation that shall not lapse until the
earlier of the expiration of the grant or the City’s expenditure of all funds received from
such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of EIGHTEEN THOUSAND FIFTY-EIGHT DOLLARS ($18,058)
to be expended in the General Fund for the Colorado Office of Justice 2023 JAG Grant.
Section 2. The appropriation herein for Colorado Office of Justice JAG 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 donation) or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Dawn Downs
Exhibit: None
Page 100
Item 6.
- 1 -
ORDINANCE NO. 122, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF GRANT
FUNDS FROM THE COLORADO OFFICE OF JUSTICE
PROGRAMS 2024 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM GRANT AWARD FOR FORT
COLLINS POLICE SERVICES
A. The Northern Colorado Drug Task Force (the “Drug Task Force”) is
managed by the Larimer County Sheriff Department, with both Fort Collins Police
Services and Loveland Police being members. These member agencies support a broad
range of activities to prevent and control drug-related crimes.
B. Larimer County applied for and was awarded $50,489 through the 2024
Edward Byrne Memorial Justice Assistance Grant (“JAG”) program in support of operating
the Drug Task Force.
C. The City of Fort Collins, City of Loveland, and Larimer County have entered
into an intergovernmental agreement demonstrating the allocation of the $5 0,489
awarded under JAG in support of the Drug Task Force. Fort Collins Police Services
received $15,025 to support personnel costs and other operating costs directly attributed
to the Drug Task Force.
D. The $15,025 in JAG grant funds supports Fort Collins Police Services
covering some of the operational and personnel costs incurred as a member of the Drug
Task Force.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of keeping Northern Colorado
communities safer through work to prevent and control drug-related crimes.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
Page 101
Item 6.
- 2 -
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds Colorado Office of Justice JAG
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, state
or private grant or donation or the City’s expenditure of all funds received from s uch grant
or donation.
I. The City Council wishes to designate the appropriation herein for the
Colorado Office of Justice JAG Grant as an appropriation that shall not lapse until the
earlier of the expiration of the grant or the City’s expenditure of all fu nds received from
such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of FIFTEEN THOUSAND TWENTY-FIVE DOLLARS ($15,025) to
be expended in the General Fund for the Colorado Office of Justice 2024 JAG Grant.
Section 2. The appropriation herein for Colorado Office of Justice JAG 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 donation) or the C ity’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Dawn Downs
Exhibit: None
Page 102
Item 6.
File Attachments for Item:
7. Second Reading of Ordinance No. 123, 2025, Making a Supplemental Appropriation of
Grant Funds from the Colorado Department of Transportation Highway Safety Office for
Police Services High Visibility Impaired Driving Enforcement FY26 Grant Award.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, supports Fort Collins
Police Services in work performed enforcing Colorado’s impaired driving laws for specific
enforcement periods outlined by the Colorado Department of Transportation. Enforcement
periods typically occur over holidays or periods of increased tourism and travel in the state.
Fort Collins Police Services was awarded $25,474 through the High Visibility Impaired Driving
Enforcement (HVE) grant to support personnel costs and other operating costs directly
attributed to HVE grant activities. Police Services will provide enhanced impaired driving
enforcement during specific time periods and engage in community education and outreach.
Page 103
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Sergeant David Lindsay, Fort Collins Police Services
Juan Gonzalez, Finance Analyst, Fort Collins Police Services
Jo Cech, Fiscal Recovery Manager
Carisa Clinton, Senior Grants Analyst
SUBJECT
Second Reading of Ordinance No. 123, 2025, Making a Supplemental Appropriation of Grant Funds
from the Colorado Department of Transportation Highway Safety Office for Police Services High
Visibility Impaired Driving Enforcement FY26 Grant Award.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, supports Fort Collins Police
Services in work performed enforcing Colorado’s impaired driving laws for specific enforcement periods
outlined by the Colorado Department of Transportation. Enforcement periods typically occur over holidays
or periods of increased tourism and travel in the state.
Fort Collins Police Services was awarded $25,474 through the High Visibility Impaired Driving Enforcement
(HVE) grant to support personnel costs and other operating costs directly attributed to HVE grant activities.
Police Services will provide enhanced impaired driving enforcement during specific time periods and
engage in community education and outreach.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Colorado Department of Transportation’s Office of Transportation Safety (OTS) provides annual
funding for local police enforcement of Colorado’s impaired driving laws during specific “high visibility” time
periods. This grant is for the period July 1, 2025 – June 30, 2026, and covers overtime pay for Fort Collins
Police Officers enforcing Colorado’s impaired driving laws through saturation patrols, increased patrols, or
dedicated enforcement cars during the selected enforcement periods. This grant also provides funds for
community engagement and outreach to educate the public on the dangers, risks, and consequences of
impaired driving. The $25,474 in HVE grant funds supports Fort Collins Police Services enhanced
enforcement efforts and presence at several festivals and community engagement events. Fort Collins
Police Services has applied for, and been awarded, this grant multiple times in past years.
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Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
This item appropriates $25,474 in unanticipated revenue from the HVE program in support of work
performed by Fort Collins Police Services to provide enhanced enforcement of Colorado’s impaired driving
laws and provide community education about the dangers and risks of impaired driving.
This grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$25,474.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach will be conducted to educate the community on impaired driving.
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 123, 2025
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Item 7.
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ORDINANCE NO. 123, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF GRANT
FUNDS FROM THE COLORADO DEPARTMENT OF
TRANSPORTATION HIGHWAY SAFETY OFFICE FOR POLICE
SERVICES HIGH VISIBILITY IMPAIRED DRIVING
ENFORCEMENT FY26 GRANT AWARD
A. The Colorado Department of Transportation’s Office of Transportation
Safety (“OTS”) provides annual funding for local police enforcement of Colorado’s
impaired driving laws during specific “high visibility” time periods.
B. Fort Collins Police Services (“FCPS”) was awarded $25,474 through the
High Visibility Impaired Driving Enforcement (“HVE”) grant to support personnel costs and
other operating costs directly attributed to HVE grant activities.
C. This grant is for the period July 1, 2025 - June 30, 2026, and covers
overtime pay for FCPS officers enforcing Colorado’s impaired driving laws through
saturation patrols, increased patrols, or dedicated enforcement cars during the selected
enforcement periods. This grant also provides funds for community engagement and
outreach to educate the public on the dangers, risks, and consequences of impaired
driving.
D. The $25,474 in unanticipated funds from the HVE grant will help support
enhanced enforcement efforts and presence at several festivals and community
engagement events.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of providing enhanced impaired
driving enforcement during specific time periods and to engage in community education
and outreach.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
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H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds Colorado Department of
Transportation Police Services High Visibility Impaired Driving Enforcement 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, state or private grant
or donation or the City’s expenditure of all funds received from such grant or donation.
I. The City Council wishes to designate the appropriation herein for the
Transportation Police Services High Visibility Impaired Driving Enforcement Grant as an
appropriation that shall not lapse until the earlier of the expiration of the grant or the City’s
expenditure of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of TWENTY-FIVE THOUSAND FOUR HUNDRED SEVENTY-
FOUR DOLLARS ($25,474) to be expended in the General Fund for Colorado
Department of Transportation Police Services High Visibility Impaired Driving
Enforcement Grant.
Section 2. The appropriation herein for the Colorado Department of
Transportation Police Services High Visibility Impaired Driving Enforcement 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 donation) or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Dawn Downs
Exhibit: None
Page 107
Item 7.
File Attachments for Item:
8. Second Reading of Ordinance No. 124, 2025, Adopting the 2025 Natural Areas
Strategic Framework as an Element of City Plan and as an Update to the 2014 Natural
Areas Master Plan.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, adopts the 2025
Natural Areas Strategic Framework, attached as Exhibit A to the Ordinance, which updates the
City’s 2014 Natural Areas Master Plan and serves as a systemwide guide for the planning and
management of the Natural Areas Department (NAD) over the coming decade. Rooted in ballot
language, extensive community engagement, and broader City policies, the Framework
articulates an updated vision, set of values, and strategic goals for the Department. It provides
the foundation for action-oriented planning that will be implemented through zone-level
management planning. Adoption of the Framework constitutes an amendment to City Plan
under its provisions for incorporating new elements into the City’s comprehensive plan.
Page 108
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kelly Smith, Senior Planner, Natural Areas
Julia Feder, Conservation & Stewardship Planning Manager, Natural Areas
Katie Donahue, Director, Natural Areas
SUBJECT
Second Reading of Ordinance No. 124, 2025, Adopting the 2025 Natural Areas Strategic Framework
as an Element of City Plan and as an Update to the 2014 Natural Areas Master Plan.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, adopts the 2025 Natural Areas
Strategic Framework, attached as Exhibit A to the Ordinance, which updates the City’s 2014 Natural Areas
Master Plan and serves as a systemwide guide for the planning and management of the Natural Areas
Department (NAD) over the coming decade. Rooted in ballot language, extensive community engagement,
and broader City policies, the Framework articulates an updated vision, set of values, and strategic goals
for the Department. It provides the foundation for action-oriented planning that will be implemented through
zone-level management planning. Adoption of the Framework constitutes an amendment to City Plan
under its provisions for incorporating new elements into the City’s comprehensive plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Natural Areas Strategic Framework provides grounding direction for NAD’s Conservation and
Stewardship Planning (CSP) process and serves as an update to the 2014 Natural Areas Master Plan.
CSP guides the management of Natural Areas properties to protect habitat and scenic values, while
supporting public access for the community. CSP is rooted in the language of the City of Fort Collins Open
Space Yes! and Larimer County’s Help Preserve Open Space tax initiatives that fund most of the Natural
Areas’ efforts. These ballots, alongside previous department master plans and citywide plans and priorities,
informed the development of CSP’s elements.
Adoption of this Ordinance meets the criteria for City Plan amendments. Specifically, the existing City Plan
is in need of this update to reflect current values, land use patterns, and stewardship practices. Adoption
of the Strategic Framework promotes the public welfare and is consistent with the vision, goals, principles,
and policies of City Plan and its related elements, including the City’s environmental stewardship, equity,
and sustainability goals.
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
ROLE OF THE STRATEGIC FRAMEWORK
Natural Areas planning occurs at two levels: systemwide and across management zones. The Strategic
Framework is the systemwide plan that provides structure for other Natural Areas’ planning efforts. The
Strategic Framework will be updated every ten years and adopted by Council.
The Strategic Framework sets the foundation of a vision, values, and goals that will support action-based
management zone planning. Natural Areas organizes its work into six geographic management zones that
are defined by ecosystem type. Management zones are adaptively managed through annual check-ins,
and a comprehensive zone plan update every seven years. Zone plans are administratively adopted by the
Natural Areas Director. The ongoing nature of zone-based planning and the ten-year cycle to update the
Strategic Plan create a consistent cadence to gather targeted community input, highlight the unique
character of each zone, and identify management actions that inform work planning and budgeting.
The Strategic Framework aligns with broader City values and priorities and integrates input gathered
through robust public outreach. It reflects the community’s continued commitment to land conservation,
ecological health, and equitable access to nature.
VISION, VALUES AND GOALS
The Strategic Framework introduces a refreshed vision, a set of Department values, and updated goals
that map closely to community priorities and City strategic policies. The vision, values, and goals reflect
City values and plans, while remaining rooted in the language of the department’s two funding measures.
Role Strategic Framework
Vision The Vision provides inspiration to ground and
motivate future actions. It describes the ideal
state towards which the Department works
Thriving Ecosystems for a Greater Fort
Collins Community
Values Values reflect the City’s organizational values
while highlighting the Department’s distinct focus
on ecological protection and management.
These values play an important role in the
Department’s planning and prioritization.
Ecological Function
Resource Protection
Connectivity
Integrity
Safety & Wellbeing
Belonging
Service
Partnership
Goals Goals describe the major areas of work for the
Department in the coming decade.
1. Conserve and Protect
Land & Water
2. Strengthen Habitats &
Ecological Resilience
3. Support Access to Nature
4. Foster Community Connections &
Stewardship
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Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
The Strategic Framework carries forward and reaffirms NAD’s missio n, “To conserve and enhance lands
with natural resource, agricultural, and scenic values, while providing meaningful education and
appropriate recreation opportunities.”
CITY FINANCIAL IMPACTS
None.
FIRST READING BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Land Conservation and Stewardship Board, Natural Resources Advisory Board, and the Water
Commission all recommend adoption of the Strategic Framework. See attachments for recommendations.
Staff is scheduled to present the plan to the Planning and Zoning Commission at the July 11, 2025, Work
Session and will seek a recommendation at their formal hearing on July 17, 2025, ahead of Second
Reading by Council on August 19, 2025.
SECOND READING BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Land Conservation and Stewardship Board, Natural Resources Advisory Board, and the Water
Commission all recommend adoption of the Strategic Framework. See attachments for recommendations.
The Planning and Zoning Commission unanimously recommends adoption of the Strategic Framework.
Staff presented the plan at the July 11, 2025, Planning and Zoning Commission Work Session and sought
a recommendation at the formal hearing on July 17, 2025. The full recommendation is transcribed below
as the hearing minutes have not been finalized:
The Planning and Zoning Commission recommends that City Council adopt the Natural Areas Strategic
Framework as a component of City Plan finding that, the Strategic Framework is a needed update of the
2014 Natural Areas Master Plan that was adopted as a component of City Plan and the Strategic
Framework will promote the public welfare, and is consistent with the vision, goals, principles and policies
of City Plan and its adopted components. This decision is based upon the agenda materials, information
presented during the work session and this hearing, and commission discussion. The commission adopts
the information, analysis, findings of fact, and conclusions regarding adopting the Natural Areas Strategic
Framework as a component of City Plan, contained in the staff report included in the agenda materials for
this hearing.
PUBLIC OUTREACH
Public engagement set the foundation for this planning effort, with extensive outreach to community
members, partners, City boards and commissions, and Council. Engagement occurred in two phases.
Phase 1 sought to gather input that informed the concepts and themes of the plan. Phase 2 provided an
opportunity for the community to relay feedback on a draft plan.
PHASE 1 ENGAGEMENT
Initial engagement involved nearly 5,000 community touchpoints and provided valuable insights that
strongly supported the department’s conservation mission, a commitment to adaptive and responsible land
management, and a deep community desire to stay connected wit h nature. In addition to general
information sharing, engagement methods included:
• Memos to and a Council Work Session
• Land Conservation and Stewardship Board (LCSB) member and ballot writer interviews, along with
multiple discussion items on LCSB meeting agendas
• Discussion items at multiple advisory board and Super Issues Board and Commissions meeting
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City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
• Small group discussions with historically underrepresented groups and partner organizations
• Interactive discussions with a Technical Advisory Committee representing diverse perspectives
• Online questionnaires
• Interactive tabling at community events and natural area trailheads
PHASE 2 ENGAGEMENT
Engagement with the draft Strategic Framework provided an opportunity for the community to share
feedback on the plan. In addition to broadly engaging the public with the draft plan, targeted outreach to
community members who previously participated in the Strategic Framework process were asked whether
the plan reflects their priorities. Overall, the community expressed strong support for the draft Strategic
Framework, describing it as comprehensive, engaging, and aligned with the community’s priorities and
vision. Feedback themes included:
• Continuing to protect land, water, and habitats, along with stewardship of these resources
• Taking a holistic approach to managing natural areas by balancing conservation, access, and
community involvement
• Enhancing educational programming and communication
• Leveraging partnerships to amplify the impact of NAD’s work
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 124, 2025
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Item 8.
-1-
ORDINANCE NO. 124, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2025 NATURAL AREAS STRATEGIC
FRAMEWORK AS AN ELEMENT OF CITY PLAN AND AS AN
UPDATE TO THE 2014 NATURAL AREAS MASTER PLAN
A. The voters of Fort Collins and Larimer County have dedicated sales and
use tax revenues through the “Open Space Yes!” and “Help Preserve Open Space”
initiatives to conserve and manage natural areas, agricultural lands, community
separators, and scenic vistas.
B. The City of Fort Collins Natural Areas Departm ent (“NAD”) has conserved
tens of thousands of acres and provided extensive public access, education, and
stewardship services, supported primarily by these dedicated revenues .
C. In 2014, the City Council adopted the Natural Areas Master Plan as a
component, or element, of City Plan in Resolution 2014-089, which served as a 10-year
strategic document guiding the Department’s conservation and management efforts .
D. The NAD has developed the 2025 Natural Areas Strategic Framework,
shown on Exhibit A, attached hereto and incorporated herein by this reference, to update
the vision, values, and goals of the Department and the Natural Areas Master Plan and
to serve as a systemwide planning guide for the next 10 to 20 years .
E. The Strategic Framework is grounded in ballot language, extensive
community engagement, and alignment with broader City values and strategic priorities .
F. The Strategic Framework supports the City’s commitment to ecological
stewardship, adaptive land management, community engagement, and public access to
nature, while laying the foundation for action-oriented planning across management
zones.
G. The Strategic Framework has been recommended for adoption by the Land
Conservation and Stewardship Board, the Natural Resources Advisory Board, and the
Water Commission following significant public and stakeholder engagement.
H. On July 17, 2025, the Planning and Zoning Commission considered the
proposed Strategic Framework and voted to recommend adoption by a vote of 6-0.
I. The City Council finds that adoption of the 2025 Natural Areas Strategic
Framework is in the best interests of the community and supports the long-term vision of
thriving ecosystems and community connection.
J. The City Council further finds, in accordance with City Plan, that the existing
City Plan is in need of this proposed amendment and that adoption of the 2025 Natural
Page 113
Item 8.
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Areas Strategic Framework will promote public welfare and is consistent with the vision,
goals, principles, and policies of City Plan and the elements thereof.
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 2025 Natural Areas Strategic Framework, attached hereto as
Exhibit A, is hereby adopted by the City Council of the City of Fort Collins and shall serve
as the updated policy guide for the planning and management of the Natural Areas
Department
Section 2. The 2025 Strategic Framework hereby replaces the 2014 Natural
Areas Master Plan and is adopted as an element of City Plan, to be incorporated in the
City’s comprehensive planning framework.
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: April Silva
Exhibit: Exhibit A - 2025 Natural Areas Strategic Framework
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Item 8.
July 2025
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP THE GUIDE TO CONSERVATION AND STEWARDSHIP
STRATEGIC FRAMEWORKNATURAL AREAS
Page 115
Item 8.
2
ACCESSIBILITY
Cover photo: Sunrise at Reservoir Ridge Natural Area
Photo by: John Bartholow
Left: Mountain view from Arapaho Bend Natural Area
Photo by: Mark Yoder
For assistance viewing or reading any City documents, please call 970-221-6515 (V/TDD: Dial 711 for
Relay Colorado) for assistance, or contact the City’s ADA Coordinator via email adacoordinator@fcgov.
com or phone: 970-416-4254.
More information at: https://fcgov.com/non-discrimination
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Item 8.
3
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
3
We acknowledge and honor the lands situated within the City of Fort Collins as the
original homelands of the Hinono’eiteen (Arapaho), Tsétsėhéstàhese (Cheyenne),
Numunuu (Comanche), Caiugu (Kiowa), Čariks i Čariks (Pawnee), Sosonih
(Shoshone), Oc’eti S’akowin (Lakota) and Núuchiu (Ute) Peoples.
This area is an important site of trade, gathering, and healing for these Native Nations. These lands
are home to a diverse urban Native community representing multiple Native Nations and Indigenous
Peoples. Despite forced removal and land dispossession, they continue to thrive as resilient members
of our community. We are grateful for Native community members and honor the rich cultural heritage
they bring to our collective community. We further recognize and value their social, intellectual,
economic, and cultural contributions.
The City of Fort Collins is committed to supporting, partnering, and working with the Native and
Indigenous community.
Right: Night sky at Bobcat Ridge Natural Area
Photo by: Jeremy White
LAND ACKNOWLEDGMENT
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Item 8.
4
Left: Foothills sunrise from Fossil Creek Wetlands Natural Area
Photo by: Rick Price
Right: Natural Areas Staff 2025
Photo by: City of Fort Collins
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Item 8.
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
5
The City of Fort Collins Natural Areas Department would like to thank the voters of Fort Collins and
Larimer County for supporting the ballot initiatives that fund the work that is so close to the heart of
the community. For over three decades, these dedicated sales taxes have conserved over 55,000 acres
and 114 miles of trail in and around Fort Collins.
Thanks to the foresight of community members, thriving habitats and a connected landscape of
conserved land remains a priority in a fast-growing community. Protected spaces locally and regionally
allow everyone to connect with nature. Residents continue to share their support for forward-looking
management that will help protect these special spaces in a changing world.
We look forward to working with the community to enhance the protection of our precious natural
spaces and enjoy all the reasons these are treasured places. We invite you to join us in supporting
Natural Areas’ growth and strong management in the coming decade!
- City of Fort Collins Natural Areas Department Staff
NOTE FROM NATURAL AREAS STAFF
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Item 8.
6
TABLE OF CONTENTS
Introduction ...................................................................................................8
Conservation and Stewardship Planning ..................................................10
Vision .......................................................................................................14
Values ........................................................................................................16
Resource Protection ......................................................................................18
Ecological Function ....................................................................................19
Connectivity .................................................................................................20
Integrity ............................................................................................................21
Safety & Wellbeing ....................................................................................22
Belonging ......................................................................................................23
Service .............................................................................................................24
Partnership .....................................................................................................25
Goals ........................................................................................................26
Goal 1: Conserve and Protect Land & Water ......................................28
Goal 2: Strengthen Habitats & Ecological Resilience .......................30
Goal 3: Support Access to Nature ...........................................................32
Goal 4: Foster Community Connections & Stewardship .................34
Community Engagement ...........................................................................36
Conclusion ....................................................................................................41
Acknowledgments ......................................................................................43
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Item 8.
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
7
Riverbend Ponds Natural Area
Photo by: John Bartholow
To conserve and enhance lands with natural resource, agricultural, and
scenic values, while providing meaningful education and appropriate
recreation opportunities.
NATURAL AREAS DEPARTMENT MISSION:
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Item 8.
8
The City of Fort Collins Natural Areas Department (the Department or NAD) recently celebrated 30
years of service to the Northern Colorado community through permanent land conservation while
providing access to nature and meaningful education.
Over three decades, the Natural Areas Department has grown from protecting and
managing 13 sites to 53 natural areas, across 55,000+ acres with 114 miles of trails.
Natural areas protect a diversity of habitats, wildlife, and native plant communities while enhancing the
community’s health, cultural connections, scientific knowledge, and economic vitality.
1992
1997
Natural
Areas Tax
2002Open Space
Yes!
Building
Community
Choices
Natural Areas
Master Plan
2014
Land Conservation &
Stewardship Master Plan
2004
Natural Areas Policy Plan
1992
Larimer County
‘Help Preserve
Open Space’
Ballots
Fort Collins
Ballots
1995
1999
2014
2025
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
1990
2000
2010
2020
2030
INTRODUCTION
DEPARTMENT GUIDANCE
The community highly values natural areas and
voters have funded conservation through citizen-
initiated, dedicated city and county sales taxes
since 1992. City staff have built community-
informed guidance documents for conservation
and stewardship that ensure land acquisition and
management align with the ballot language and
community feedback. The 2004 and 2014 NAD
Master Plans provide robust documentation of
the history, funding, land and water conservation,
and stewardship activities over the
Department’s history.
LOOKING AHEAD
The Strategic Framework uses the ballot language
as an anchor, draws on citywide guidances such
as the City Mission, Vision, and Values, and
incorporates the experience and lessons learned
over three decades of managing natural areas
to create high level guidance and direction for
NAD’s work. Future projects, Management Zone
Updates, and initiatives will be reviewed to ensure
that they meet one or more of the values and
goals outlined in this document.
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9
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
9
CHALLENGES NATURAL AREAS WILL FACE
IN THE COMING YEARS INCLUDE:
• Increasing risks of flooding, wildfires, invasive
species, and stressed ecosystems due to
climate change and population growth
• Increasing needs for infrastructure
maintenance and lifecycle replacement
• Increasing visitation and recreation use
• Competing, diversifying, and conflicting
community interests
• Limited opportunities to conserve and protect
additional land and water
OPPORTUNITIES FOR THE COMING YEARS
OF NATURAL AREAS INCLUDE:
• Building on land conservation
accomplishments through future acquisitions
and conservation easements
• Bringing together people who value
natural spaces
• Partnering with a greater number of
volunteers, non-profits, community members
and other agencies to conserve land, improve
habitats, and provide visitor opportunities
• Building resilience and community around
natural areas
WHY PLAN NOW
While the goals of land conservation are
inherently long-term, the surrounding world
is constantly evolving. The goals and values
defined in the Strategic Framework will anchor
NAD in consistently delivering its mission
while addressing emerging challenges and
opportunities. These factors will guide planning
for projects, prioritization of actions, and ongoing
adaptive management over the next 10-20 years.
American tree sparrow (Spizelloides arborea) resting on rabbitbrush (Ericomeria nauseosa)
Photo by: City of Fort Collins
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Item 8.
MONTANE ZONE
CACHE LA POUDRE RIVER ZONE
FOOTHILLS ZONE
MOUNTAINS TO PLAINS ZONE
FOSSIL CREEK ZONE
MA
N
A
G
E
M
E
N
T
ZO
N
E
U
P
D
A
T
E
S
MANAGEMENT ACTIONS UPDATED ITERATIVELY
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
URBAN ZONE
BALLOT MEASURES CITYWIDE DEPARTMENT COMMUNITY
Help Preserve
Open Space
Mission, Vision &
Values
Natural Area
Mission
Engagement &
Feedback
Open Space Yes!City Plans
10
CONSERVATION AND STEWARDSHIP PLANNING
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
The vision, values, and goals defined in the Strategic Framework provide direction to the Department’s
planning and prioritization processes. To support site-specific management, natural areas are
organized into six zones representing similar ecosystems and regions. Each zone completes a
management update every seven years. Together, the Strategic Framework and Management Zone
Updates provide a planning toolbox that supports the Department to determine specific management
actions that will be taken in the coming years. Annual metrics and Department reports share stories of
actions taken and progress towards goals.
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11
MANAGEMENT ZONES
Page 125
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12
The Natural Areas Department Strategic Framework takes into context the ways the Fort Collins
community is changing today and will continue to evolve in the coming decade, including a
growing population, evolving science and lessons learned in land management, and pressures like
climate change.
The Strategic Framework aligns with the ballot direction that funds natural areas and builds on NAD’s
current plans, initiatives, and efforts to refine guiding principles and provides direction for the next 10-
20 years. The Strategic Framework features:
Coyotes at Fossil Creek Reservoir in the winter
Photo by: Brent Eelman
The vision provides inspiration to ground and motivate
future actions. It describes the ideal state towards which the
Department works. VISION
The NAD values reflect the City’s values while highlighting
the Department’s distinct focus on ecological protection
and management. These values play an important role in the
Department’s planning and prioritization.
VALUES
The Strategic Framework goals create the building blocks for
the long-range functions of the Department and describe the
major areas of work in the coming decade.
GOALS
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Item 8.
Resource Protection • Connectivity • Ecological Function • Service • Partnership • Safety & Wellbeing • Integrity • Belonging
VALUES
Foster
Community
Connections &
Stewardship
4
Strengthen
Habitats &
Ecological
Resilience
2
Conserve and Protect Land & Water1
GOALS
VISION
Thriving Ecosystems
for a Greater Fort
Collins Community
Support Access to Nature3
VISION VALUES GOALS
13
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
13
Page 127
Item 8.
14
Summer at Soapstone Prairie Natural Area
Photo by: City of Fort Collins
VISION
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Item 8.
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
15
THRIVING ECOSYSTEMS FOR A
GREATER FORT COLLINS COMMUNITY
Page 129
Item 8.
16
Walking west at Coyote Ridge Natural Area
Photo by: City of Fort Collins
VALUES
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17
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
RESOURCE PROTECTION
ECOLOGICAL FUNCTION
CONNECTIVITY
INTEGRITY
SAFETY & WELLBEING
BELONGING
SERVICE
PARTNERSHIP
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Examples of Resource Protection:
RESTORATION TO SUPPORT CRITICAL
COMMON SPECIES
The rich habitat corridor created by a chain
of natural areas along the Poudre River spans
over 2,000 acres. NAD’s stewardship of these
properties, along with large-scale restoration
projects at McMurry, North Shields Ponds,
Kingfisher, and Running Deer natural areas,
has led to an increase in common native
wildlife and plants such as plains cottonwoods,
chokecherries, and beavers.
INTEGRATED RESOURCE MANAGEMENT
AT SOAPSTONE PRAIRIE
Soapstone Prairie Natural Area protects 22,000
acres of shortgrass prairie and riparian habitats,
alongside cultural resources, such as the
Lindenmeier Site, a National Historic Landmark.
Cultural resource surveys and guidance from
Native American and Indigenous partners will
inform planning and project efforts, as the
Department works to sustain and improve
ecosystem health.
VALUE: RESOURCE PROTECTION
Left: Bison (Bison bison) at Soapstone Prairie
Natural Area
Photo by: City of Fort Collins
Right: Flowers blooming at Crossline Canyon
Photo by: City of Fort Collins
The Department supports species and features
characteristic of the region’s ecosystem
and heritage.
This includes prioritizing actions such as:
• Protecting threatened and endangered
species and other species of greatest
conservation need
• Enhancing populations of critical
common species
• Creating and enhancing wetland habitats
using secured water resources
• Safeguarding and honoring cultural and
paleontological resources
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Examples of Ecological Function:
MIMICKING NATURAL DISTURBANCE TO
ENHANCE PRAIRIE HEALTH
In the Mountains to Plains Zone, Soapstone
Prairie Natural Area contains some of the
last remaining intact, high-quality shortgrass
prairie and foothills shrublands along the Front
Range of Colorado. Application of tools such as
responsible grazing and prescribed fire allow
the Department to support threatened and rare
species of plants and animals that have evolved
with these natural disturbances.
WORKING TO KEEP WATER IN THE
POUDRE RIVER
In the Poudre River Zone, the City of Fort
Collins is collaborating with regional partners
on the Poudre Flows Plan, an innovative project
that aims to reconnect 52 miles of the Poudre
River during times of low flow. Under the plan,
Natural Areas, Fort Collins One Water Utility,
and other partners are upgrading existing water
infrastructure to deliver protected instream
flows that preserve and improve the health of
the Poudre River.
VALUE: ECOLOGICAL FUNCTION
The Department works to sustain and improve
the health and resilience of natural systems.
This includes prioritizing actions such as:
• Connecting rivers and streams to their
floodplain and sustaining instream flows
• Introducing or continuing disturbance
management to mimic natural cycles
• Supporting ecological research and sharing
discoveries with the community to further
inspire stewardship
• Monitoring and collecting data to inform
adaptive ecological management
Disturbance Management is the process of
using selected natural disturbances such as
fire or grazing to stimulate plant growth and
encourage system resilience.
Adaptive Management:
TakeTakeAction
MeasureResults
MakeAdjustments
Plan
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Left: Connecting with trail at Soapstone Prairie
Natural Area
Photo by: City of Fort Collins
Right: Pineridge Natural Area
Photo by: City of Fort Collins
VALUE: CONNECTIVITY Examples of Connectivity:
LOCALLY AND REGIONALLY CONNECTED
TRAIL SYSTEM
The City of Fort Collins offers an extensive
trail network that includes more than 50
miles of paved trails weaving throughout the
community and creating regional connections
to neighboring cities such as Loveland, Timnath,
Windsor, Laporte, and Greeley. Complementing
this system, the soft surface trails create
connections between conserved lands managed
by municipal, county, state, and federal
agencies. Together, these trails physically
connect the community both locally and
regionally while providing visitors with access
to nature.
HABITAT CONNECTIVITY: YEARS IN THE
MAKING AT MAGPIE MEANDER
The 21 natural areas in Poudre River Zone
represent years of relationship-building and
conservation work – sometimes just a few
acres at a time. In northwest Fort Collins,
Magpie Meander Natural Area has grown to 72
acres over nine years through six acquisitions.
This protects a relic river oxbow, important
wetland and riparian habitat, and creates
connections between neighborhoods and the
river ecosystem.
The Department protects a connected landscape
of conserved land to support ecosystems and
create movement corridors that provide a
balance of services to both wildlife and people.
This includes prioritizing actions such as:
• Conserving properties adjoining previously
conserved spaces
• Sustaining the health of the Poudre
River watershed
• Supporting connections to natural areas
between the places the community lives,
works, and plays
• Supporting regional efforts to create an
interconnected multi-use trail network while
protecting natural resources
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STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
21
VALUE: INTEGRITY Examples of Integrity:
THANK YOU VOTERS!
City and County sales taxes fund NAD’s
mission to conserve sensitive habitats and
provide public access to nature thanks to two
community-initiated ballot measures. NAD
maintains a long-range financial plan that
spans the life of each tax initiative and projects
funds available for land acquisition, habitat
enhancement, operations, maintenance, and
staffing. Each year, NAD publishes an annual
report outlining major accomplishments
towards the ballot language mandates and
department goals.
CLEANUP AFTER CAMERON PEAK FIRE
Following the Cameron Peak Fire’s run through
Bobcat Ridge Natural Area, a new concern
emerged. Post-fire inspection revealed a
previously undocumented dump site. Staff
weighed options including keeping the dump
site in place and monitoring for contamination
or removing all the potentially hazardous
materials from Bobcat Ridge. Knowing that in
this fire adapted landscape the site was prone
to burn again, NAD moved quickly to fully
remediate the dump and remove all hazards. By
leveraging internal and external collaborations,
NAD completed the project on time and
under budget.
The Department implements the community’s
vision and values by responsible management
of the community’s ecological, financial, and
social resources.
This includes prioritizing actions such as:
• Utilizing data-informed planning and
management processes
• Maximizing the impact of dedicated sales
tax funding while considering the long-term
budget forecast
• Ensuring that employees have access to
the tools and support needed to complete
their work
• Reporting annually on revenues, expenses,
and progress towards goals
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Left: Wayfinding sign at Soapstone Prairie
Photo by: Logan Simpson
Right: Participants in Club Outdoors jumping in the tall grass
Photo by: City of Fort Collins
Examples of Safety & Wellbeing:
COLLABORATING TO ENSURE RIVER
SAFETY
As snow melts from the Rockies, outdoor
enthusiasts flock to the Poudre River to enjoy
tubing, white water rafting, fishing, picnicking
and kayaking. However, during peak runoff
when the river conditions can be dangerous
and even deadly, public safety messaging
and patrol is critical. During high water flows,
NAD partners with cross-City departments,
Poudre Fire Authority, and the Poudre Heritage
Alliance on coordinated river access point
closures and consistent messaging to keep the
public informed.
SOAPSTONE PRAIRIE
WAYFINDING PROJECT
Soapstone Prairie Natural Area is a remote and
vast site with over 30 miles of single-track trail.
While visitation is lower than other natural areas,
Natural Area Rangers frequently field calls from
visitors lost on the trail system. In 2024, based
on visitor feedback, the Department designed
and implemented a more comprehensive
wayfinding sign program at Soapstone Prairie.
Since installing updated signs, visitors have
called for assistance less often and have
provided positive feedback on the reliability of
the signs.
The Department provides safe environments
for community members to engage with, be
physically active in, and find renewal through
time spent in nature, while also protecting
natural systems.
This includes prioritizing actions such as:
• Implementing education and communication
campaigns focused on visitor safety
• Emphasizing the importance of practicing
proper trail etiquette
• Providing ranger presence and support across
the system through cordial and informational
contacts, alongside regulation enforcement
• Factoring mental health and wellness benefits
into decision making
• Implementing projects to ensure ADA
compliance and enhancing experiences for
diverse abilities
VALUE: SAFETY & WELLBEING
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STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
23
Examples of Belonging:
NATURE RIGHT OUTSIDE YOUR DOOR
Since 2015, the Department has managed
implementation of the municipality’s Nature
in the City program that works to integrate
nature into every corner of the community and
everyday life. From pollinator patches to hands
on, outdoor classrooms, the community finds
diverse ways to connect with nature across over
100 projects.
BREAKING DOWN THE BARRIERS TO
ACCESSING NATURE
In partnership with the local Boys & Girls Club
organization, NAD engages kids in deep and
meaningful education programs each summer.
The Club Outdoors program works with kids
that otherwise might not have opportunities and
time to spend outside with their families. This
three-week summer experience includes a series
of field trips and hands-on experiences ranging
from dip netting in the Poudre River to nature
journaling at Reservoir Ridge Natural Area.
VALUE: BELONGING
The Department ensures activities and
places welcome all and encourage a diversity
of experiences.
This includes prioritizing actions such as:
• Acquiring natural spaces near the places the
community lives, works, learns, and plays
• Creating fun and formative educational
experiences for young people to encourage a
lifelong love of the outdoors
• Translating print and digital materials,
including signs and brochures
• Providing volunteer stewardship opportunities
for community members to give back to the
places they love
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Item 8.
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Left: Lunar eclipse in dark skies
Photo by: Greg Halec
Right: On the trail at Kestrel Fields Natural Area
Photo by: City of Fort Collins
Examples of Service:
CITYWIDE SITE CLEANUP TEAM
Since fall 2022, a team of multiple City
departments and community partners has met
weekly to organize outreach and support for
unhoused community members and coordinate
cleanups for sites with trash and hazardous
materials. This collaboration provides inclusive
engagement, transparent data collection and
analysis to inform future actions, and explores
alternative shelter options and programs for
those experiencing homelessness. As a part
of this team, NAD protects sensitive resources
while ensuring the safety of staff and creating a
welcoming environment for all.
NIGHT SKY MONITORING
Light pollution can disrupt wildlife’s breeding
and migration patterns, reduce survival, and
deter animals from using their natural habitat.
In collaboration with the National Park Service,
the Department trained community members
to monitor artificial light levels in natural
areas to help the Department and community
understand potential wildlife impacts and
educate neighbors on night sky friendly updates
to exterior outdoor lighting.
VALUE: SERVICE
The Department demonstrates honesty,
transparency, inclusivity, and respect by
providing authentic and diverse engagement
opportunities that focus on listening and
active participation.
This includes prioritizing actions such as:
• Offering diverse volunteer opportunities
across natural areas
• Engaging surrounding neighborhoods and
diverse communities in zone-based planning
and project implementation efforts
• Providing clear and concise instructions
for permitting
• Educating about regulations and how they
protect natural areas and visitors
• Communicating wayfinding, accessibility and
programming opportunities using a variety
of media
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Item 8.
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
25
Examples of Partnership:
PARTNERING FOR CONSERVATION AND
CONNECTIONS AT KESTREL FIELDS
NATURAL AREA
The 73-acre Kestrel Fields Natural Area provides
access to nature, a safe route to schools, and
the opportunity to experience a diversity of
conservation activities. As the site of one of
two pilot conservation agriculture projects,
Kestrel Fields supports small-scale restoration
alongside fields of locally grown fruits and
vegetables. One of the most important projects
on this site is a native seed bank project, which
provides critical supplies for restoration projects
throughout the Natural Areas network.
URBAN PARTNERSHIPS TO ADDRESS
MULTIPLE CITY GOALS
In northwest Fort Collins, a cross-City
partnership supports multiple goals through
the acquisition of and planning for the 54-
acre Puente Verde Natural Area. The site
will eventually support multiple stormwater
detention ponds designed to mimic natural
habitats, like what is found on the beloved Red
Fox Meadows Natural Area. Additionally, NAD
is holding 2 acres of the property with existing
buildings that may be purchased by the City’s
Social Sustainability team with an eye toward
development of affordable housing.
VALUE: PARTNERSHIP
The Department leverages shared decision-
making and invests in increasing the impact
of conservation actions through building
relationships across City departments, agencies,
and with community groups.
This includes prioritizing actions such as:
• Working with Larimer County Department of
Natural Resources and regional municipalities
to conserve land and water and provide
habitat protections across Northern Colorado
• Leveraging cross-department expertise and
opportunities to meet NAD goals alongside
other City goals such as stormwater
protection, safe routes to school, increasing
pollinator habitat, and affordable housing
• Supporting region-wide coordination efforts
such as NoCoPlaces regional planning, the
NoCo Fireshed Collaborative, and trails such
as the Poudre Trail and the Colorado Front
Range Trail
• Completing routine surveys of plants and
animals and contributing to regional data sets
and monitoring efforts
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Item 8.
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Sunrise at Soapstone Prairie
Photo by: City of Fort Collins
GOALS
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Item 8.
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
27
CONSERVE AND PROTECT LAND & WATER
•
STRENGTHEN HABITATS & BUILD RESILIENCY
•
SUPPORT ACCESS TO NATURE
•
FOSTER COMMUNITY
CONNECTIONS & STEWARDSHIP
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GOAL 1: CONSERVE AND PROTECT LAND & WATER
Examples of Conserving and
Protecting Land & Water:
PROTECTING LAND TO SUPPORT
REGIONAL CONSERVATION NETWORK
Between 2022 and 2023, the Department
partnered with the Larimer County Department
of Natural Resource to acquire two properties,
adding 675 acres of conserved land to Bobcat
Ridge Natural Area. This regional natural area
creates a buffer between the protected wildland
of the Roosevelt National Forest and more
developed urban areas to the east, while allowing
visitors to enjoy access to a broad landscape of
conserved land. This conservation effort was a
priority because of its adjacency to previously
conserved NAD land, as well as its proximity to
large areas of protected open space. By acquiring
this property, NAD extended protections for many
large mammal species frequently found in this
area including elk, black bear, mountain lions, and
of course, bobcats.
In the coming decade, the Department will
prioritize protecting land and water with high
conservation value including unique wildlife
habitats, rare plants, instream flows, and
extending landscape-scale conservation work.
The Department will work to introduce these
areas to the community in ways that respects
and upholds the integrity of these ecosystems.
NAD supports the biodiversity and landscape of
Northern Colorado through continued dedication
to its conservation-first mission. As the region
grows, less land and water are available for
acquisition and the cost of acquisition increases.
At the same time, there are still connections to
be made, important habitats to be conserved,
opportunities to add more water to riparian
areas, and chances to make access to nature
more equitable.
The Department will address these challenges and
opportunities by:
• Working with willing landowners to acquire
additional properties
• Continuing to connect riparian corridors,
regional landscapes, community separators,
and neighborhood natural areas
• Engaging private landowners to secure and
monitor conservation easements
• Protecting flows in the Cache la Poudre
Watershed and enhancing instream flows
The protection of land and water sustains connected landscapes, sensitive and
important habitats, and the cultural connections and heritage of the region.
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
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A NEW NATURAL AREA FOR
NORTHWEST FORT COLLINS
In northwest Fort Collins, just off Willox
Avenue, the Department has been working
to protect a series of properties along Dry
Creek, a tributary of the Poudre River. Between
2017 and 2022, six properties were acquired
totaling approximately 40 acres. This area has
long been identified as both a wildlife corridor
and a part of the community in need of trail
connections for residents. The Department
prioritized this area for acquisition to help address
adjacent neighborhood feedback that they
felt disconnected from nature and the Poudre
River corridor.
In the coming decade, the Natural Areas
Department will continue to acquire properties
that can serve as neighborhood natural areas
and uphold the unique character and heritage
of the community. The Department will work
to ensure all residents have access to high
quality nature.
The Natural Areas Department will establish
updated metrics tracking land and water
conservation, including the balance of
local and regional land protection and flow
protection efforts.
Sunset at Bobcat Ridge Natural Area
Photo by: City of Fort Collins
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GOAL 2: STRENGTHEN HABITATS & ECOLOGICAL RESILIENCE
Examples of Strengthening Habitat
and Ecological Resilience:
MANAGING FOR CHANGING CONDITIONS
ON COYOTE RIDGE NATURAL AREA
Just southwest of Fort Collins, sits a complex
of conserved lands, including Coyote Ridge
Natural Area. This acreage provides an important
separator between two quickly growing Northern
Colorado communities. It also tells the story
of the Department’s evolving approach to
restoration and ongoing management. Between
2007 and 2022, staff restored 800 acres of a
former dryland wheat field to a native shortgrass
prairie - 50 acres at a time. Over these years,
the Department’s restoration practice evolved to
incorporate the use of diverse seed mixes and
to prioritize ongoing monitoring. In recent years,
assessments of bird and plant diversity across
this area demonstrated the need to integrate
disturbance into the maturing restoration
project in order to maintain the vitality of the
restored habitat.
In the coming decade, the Department will
integrate beneficial disturbance across Coyote
Ridge and other natural areas through the
use of tools such as grazing and prescribed
fire. Using these tools, NAD will work to
support wildlife and plants, while enhancing
community resilience.
As the climate changes and the regional
population grows, plants and wildlife risk losing
key habitat elements resulting in potential loss to
biodiversity. The resulting less complex natural
systems are more susceptible to natural events
such as fire and flooding.
The Department will address these challenges by:
• Restoring land, rivers, and water
bodies through the application of best
available science
• Conducting baseline inventories and growing
long-term monitoring programs to guide
adaptive management
• Promoting habitat resilience through
responsible disturbance management
• Investing in the recovery and reintroduction
of native, rare, endangered, or locally extinct
species, while also working to maintain strong
populations of more common species
• Supporting cross-City objectives for
resilience including flood conveyance, carbon
sequestration, and heat island mitigation
Healthy ecosystems provide a wide range of habitats, clean water, and protection in
changing conditions, allowing plants and wildlife to thrive. Through restoration and
adaptive management, the Department works to take a data-informed approach to
improve the condition of ecosystems.
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
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KEEPING WATER IN THE POUDRE RIVER
AND IMPROVING IMPORTANT HABITAT
In partnership with Fort Collins One Water Utility,
the Department set out to maintain a unique City
water right that keeps flows in the Poudre River
for fish, wildlife, and recreation. The Colorado
Water Law principle of “use it or lose it” means
water users must prove they are actively using
water rights for the intended use or potentially
lose the ability to use that water in the future. By
reviving a relic side-channel on Colorado State
University’s Environmental Learning Center, the
Department worked to protect existing instream
water rights and improve fish and wildlife habitat,
while reconnecting Running Deer Natural Area
to the river’s floodplain. The project also built
refuge pools to support the rare, native Plains
Topminnow, and installed large wood structures to
mimic the natural ecological function of animals
such as beavers. These structures reduce the
force of high flows, improve conditions for wildlife,
and concentrate flows to support fish habitat.
In the coming decade, Natural Areas will work
with regional partners to restore sections of
the Cache la Poudre River and its tributaries,
informed by the results of the Poudre River
Health Report. These efforts will work to
improve ecological function and protect the
health of the river.
Natural Areas will track progress by monitoring
the acres actively managed to improve plant
and wildlife habitat and the overall health of the
Poudre River watershed. Management actions
will adapt based on monitoring results.
Red fox (Vulpes vulpes) seen at it’s namesake
Red Fox Meadows Natural Area
Photo by: Norm Keally
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32
GOAL 3: SUPPORT ACCESS TO NATURE
Examples of Supporting Access to Nature:
SUSTAINABLE TRAIL MANAGEMENT IN
FOOTHILLS NATURAL AREAS
Natural areas just west of Fort Collins provide
excellent wildlife and plant habitat, scenic views,
and a treasured opportunity for the community
to connect with nature. While the terrain and
interconnected trail system make foothills
natural areas a coveted destination for outdoor
enthusiasts, the erosive soils, high visitation,
and steep slopes pose significant challenges
for ongoing maintenance and use. To protect
sensitive resources and create more sustainable
conditions, NAD staff rerouted several foothills
trails, reduced grades, blended soils, and
installed check ramps for durability. As this effort
continues, more trails can remain open to the
public when the region experiences wet and
muddy conditions, and staff can tackle ongoing
maintenance more sustainably.
In the coming decade, the Department will
monitor existing trail conditions and visitor use,
while designing new trails to minimize erosion,
protect habitats, preserve water quality, and
provide high quality and inclusive visitor use
experiences.
Access to nature draws people from across the
region to Fort Collins. As more people get out to
enjoy natural areas, they bring unique interests
and needs. While NAD and other regional
agencies face growing visitation pressure on
resources, they also recognize a growing need to
provide places of respite for community members
in a busy world.
NAD will address these challenges by:
• Developing and maintaining a sustainable trail
system to minimize erosion, protect habitats,
preserve water quality, and better adapt to
changing conditions
• Enhancing existing and developing new visitor
amenities to meet or exceed accessibility
standards where possible, ensuring a broad
range of inclusive nature-based experiences
for all ability levels
• Monitoring visitor use trends and community
desires to provide welcoming and inclusive
experiences in nature
• Providing high-quality visitor experiences
while protecting critical natural resources
• Participating in partnerships that foster a
coordinated visitor experience across the
region and align with state-level policies
and initiatives
Human connection to nature supports wellbeing, inspires a sense of community,
and instills a conservation ethic. By providing diverse opportunities to connect with
nature, the Department contributes to the overall welfare of the community in ways
that are grounded in resource protection, equity, and inclusion.
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
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ADVANCING ACCESSIBILITY THROUGH
DATA INFORMED DECISION MAKING
In 2024, the Natural Areas Department launched a
multi-year trail inventory initiative using the High
Efficiency Trail Assessment Process (HETAP) to
gather detailed, objective data on trail conditions.
This advanced technology records grade,
cross-slope, width, and obstacles to provide a
comprehensive picture of trail accessibility. The
information will be shared with the public through
maps and on-site signage, helping visitors of
all abilities choose the trail that best suits their
accessibility needs. The data will also guide the
department in planning and prioritizing future trail
maintenance projects.
Over the next decade, the Natural Areas
Department will focus on collecting, digitizing,
and publicly sharing comprehensive trail
condition data to provide users with up-
to-date information to help them navigate
trails confidently and safely. In addition,
the Department will collaborate with local
and regional partners to share this data for
integration into broader, regionally connected
trail systems.
Learning on the trail at Kestrel Fields Natural Area
Photo by: Bill Walton
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GOAL 4: FOSTER COMMUNITY CONNECTIONS & STEWARDSHIP
Examples of Fostering Community
Connections and Stewardship:
UPDATED SIGNS TO PROVIDE CONSISTENT
AND WELCOMING MESSAGING
In 2024, the Department embarked on an
ambitious multi-year project to establish
consistent sign messaging, design, placement,
and quantity across natural areas. An initial sign
inventory identified over 2,400 signs of various
designs and messaging across the natural areas
system. Additionally, an analysis of best practices
for effective and welcoming sign messaging was
completed. Together, the inventory and analysis
provide a data-informed foundation for the new
NAD Sign Manual that will guide signage across
the natural areas moving forward.
In the coming decade, the Department will
implement a strategy to ensure messaging is
effective, accessible, consistent, and provides
important information in a welcoming format.
The Department will work to keep stewardship
at the heart of the Fort Collins community by:
• Engaging diverse audiences through a
variety of education and outreach programs
that meet each group where they are with
inclusive messaging and transparency
• Upholding safety across the community
through regulation enforcement and
education about wildlife, visitor etiquette,
and resource protection
• Inspiring volunteerism to create a diverse
group of natural area ambassadors that drive
community actions around conservation
• Working with the Native American and
Indigenous community and other historically
underserved community groups to honor
connections to nature
• Bolstering stewardship beyond the
boundaries of natural areas through
investment in community-led projects and
support resources
As Fort Collins’ population changes, how people experience natural areas continues
to evolve. Natural Areas’ engagement and education bolster the community’s
commitment to conservation and land stewardship, inspiring people to protect the
environment on conserved lands and beyond.
NATURAL AREAS STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
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COLLABORATIVE VOLUNTEER PROGRAMS
With training in first aid, visitor engagement, local
ecology, safety, and stewardship, the Volunteer
Ranger Assistants (VRAs) extend the reach of
Larimer County and City Rangers to educate the
public. In 2023, 81 VRAs contributed 1,672 hours
of service and made more than 6,300 contacts
with community members visiting natural areas
and open spaces across Larimer County. This
partnership expands the service and safety of
visitors, while cultivating community stewards.
In the coming decade, the Department will
continue to engage volunteers to support
the diverse aspects of it’s conservation
and stewardship efforts. Volunteers not
only dedicate their time and talents
to the Department’s mission, they are
community ambassadors.
The Department will evolve metrics related to
the impact of community connections and track
stewardship actions across the community.
VRA Lynn Larkin reflects on her experience:
“The beautiful Colorado outdoors has been
my love for my entire life. When I learned
Natural Areas, in partnership with Larimer
County Open Space, has a Volunteer Ranger
Assistant Program, I immediately applied.
This opportunity has enhanced every aspect
of my outdoor experience. In addition to
continuing education and training, I can
do what I love best, hiking, with additional
skills and support.”
Exploring the river bottom at McMurry Natural Area
Photo by: Bill Walton
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Item 8.
2,400
Interactions at
Community Events
16
Community Wide
Events Attended
590
Strategic Framework
Questionnaire
Responses
515
Our Lands Our Future
Questionnaire Responses
1,219
Statistically Valid
Results
Open Ended
Results
1 2
Efforts to make people
aware of engagement
opportunities or visited
the project website.
AWARE
Those that interacted with
the website by clicking on
a link, attending an event,
or asking a question.
INFORMED
Residents who have
given direct feedback,
taken a questionnaire, or
participated in an activity.
ENGAGED
Historically
Underrepresented
Focus Groups
Technical Advisory
Committee Meetings
External Partner
Organizations
Engaged
Other City
Departments
Engaged
8
Website
E-news
Questionnaire Postcards
Newsletters
Social
Media Posts
QU
E
S
T
I
O
N
N
A
I
R
E
S
Total Website
Views
1,830 3
13
5
36
COMMUNITY ENGAGEMENT
In creating this Strategic Framework, staff actively sought diverse perspectives to
help the document embody community-supported conservation and stewardship.
The Strategic Framework reflects the breadth and depth of perspectives from all segments of
the community. Data collection and analyses used mixed methods, integrating survey results and
conversations. This allowed a comprehensive approach to building insights on public perceptions
and preferences.
Broad community input was gathered in the following ways:
Page 150
Item 8.
37
THEMES FROM ENGAGEMENT
SAFETY
SPECIFIC
PLACES
VISITOR
EXPERIENCE
STEWARDSHIP &
MAINTENANCE
PLANNING &
FUNDING
HEALTH
INCLUSION
PARTNERSHIPS
LAND
CONSERVATION
HABITAT
PRESERVATION
COMMUNITY
ENGAGEMENT
CONNECTIVITY
EQUALITY
EDUCATION
ACCESS
The community’s feedback, along with foundational guidance including ballot measures, the
Department’s Mission, and City direction, helped develop the NAD vision, values, and goals articulated
in this Strategic Framework. Below are themes heard from the community that helped shape the
development of the vision, values, and goals.
Whitewater rafting on the Poudre River
Photo by: City of Fort Collins
Page 151
Item 8.
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
38
Top left: Community engagement at Kingfisher Point
Natural Area
Photo by: The City of Fort Collins
Middle left: Workshop with local experts
Photo by: The City of Fort Collins
Bottom left: Forest bathing at Gateway Natural Area
Photo by: The City of Fort Collins
Right: Blue grama (Bouteloua gracilis) flowering
Photo by: The City of Fort Collins
COMMUNITY ENGAGEMENT IN ACTION
The Department has worked hard to build
relationships with historically underrepresented
groups through purposeful communication
and programs. Focused engagement for the
Strategic Framework elevated the voices of
those who may not have been involved in the
past and gave the Department an opportunity
to learn and to incorporate feedback.
LISTENING TO LOCAL EXPERTS
A Technical Advisory Committee, comprised
of representatives from a variety of disciplines
ranging from conservation groups to natural
area visitors representing specific community
interests, provided input reflective of their
experiences and perspectives. Agencies and
non-profit partners from across the region, as
well as various City departments, also provided
input throughout the process.
Page 152
Item 8.
Page 153
Item 8.
40
Mountain lions (Puma concolor) and coyote (Canis latrans) at Bobcat Ridge Natural Area
Photo by: City of Fort Collins
Page 154
Item 8.
4141
NATURAL AREAS
STRATEGIC FRAMEWORK
THE GUIDE TO CONSERVATION AND STEWARDSHIP
The vision, values, and goals set the
groundwork for future priorities,
policies, and work plans that
the Department will review on a
constant basis. By working together,
Fort Collins and the region can
be ready for the challenges and
opportunities ahead.
The Natural Areas Strategic
Framework builds on past and
current plans, policies, and
programs. For more information
on other plans and policies, please
visit www.fcgov.com/naturalareas/
or contact the Department at
970.416.2815.
CONCLUSION
Page 155
Item 8.
42
Left: Black-footed ferret (Mustela nigris) at Soapstone Prairie
Photo by: City of Fort Collins
Right: Shrub planting at Kestrel Fields Natural Area
Photo by: City of Fort Collins
Page 156
Item 8.
4343
ACKNOWLEDGMENTS
PLANNING TEAM:
• Kristy Bruce, Environmental Planner
• Rachel Balduzzi, Public Engagement Senior
Supervisor
• Julia Feder, Conservation & Stewardship
Planning Manager
• Todd Juhasz, Environmental Planner
• Jenny Roberts, Environmental Planner
• Kelly Smith, Senior Environmental Planner
NATURAL AREAS
CONTRIBUTING TEAM LEADS:
• Katie Donahue, Natural Areas Director
• Matthew Parker, Ecological Stewardship
Manager
• Aaron Reed, Built Infrastructure Manager
• Zoe Shark, Community Connection &
Protection Manager
TECHNICAL ADVISORY COMMITTEE:
• Beth Bullard, Poudre Heritage Alliance
• Hannah Casey, Overland Mountain Bike
Association
• Heather Dannahower, Front Range
Community College
• Dr. Ricky Frierson, Warner College of Natural
Resources (CSU)
• Lee Granau, Colorado Natural Heritage
• Jesse Gray, Audubon Society
• Kassandra Lindsey, Colorado Geological
Society
• Robert Malone, Fort Collins Running Club
• Brenda McDowell, Adaptive Recreation
Opportunities
• Dr. David Rojas, College of Veterinary
Medicine and Biomedical Sciences (CSU)
• Katy Schneider, Visit Fort Collins
• Linda Smith, Colorado Native Plant Society
• Ty Smith, Native American Cultural Center
(CSU)
• Jeremy White, National Park Service
CITY COUNCIL:
• Jeni Arndt, Mayor
• Susan Gutowsky, District 1
• Julie Pignataro, District 2
• Tricia Canonico, District 3
• Melanie Potyondy, District 4
• Kelly Ohlson, District 5
• Emily Francis, District 6
LAND CONSERVATION AND
STEWARDSHIP BOARD:
• Ross Cunniff, Board Chair
• Scott Mason, Vice Chair
• Denise Culver
• Andrea Elson
• Jennifer Gooden
• Holger Kley
• Elena Lopez
• River Mizell
• Joe Piesman
• Mark Sears
• Tom Shoemaker
Special thanks to focus group participants, City
Staff, and the Fort Collins community members
and visitors who shaped this plan.
Planning process and document supported by
Logan Simpson and the Institute for the
Built Environment.
Page 157
Item 8.
CONTACT US:
www.fcgov.com/naturalareas
naturalareas@fcgov.com
970.416.2815 Page 158
Item 8.
File Attachments for Item:
9. Second Reading of Ordinance No. 125, 2025, Authorizing the Conveyance of an
Emergency Access Easement on a Portion of the Larimer County Landfill to Poudre Fire
Authority.
This Ordinance, unanimously adopted on First Reading on July 15, 2025, authorizes the
conveyance of one Emergency Access Easement (the “Easement”) on a portion of co-owned
City property presently known as Larimer County Landfill to Poudre Fire Authority.
Page 159
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Raime Lanham, Real Estate Specialist
Jonathan Piefer, Lead Real Estate Specialist
SUBJECT
Second Reading of Ordinance No. 125, 2025, Authorizing the Conveyance of an Emergency Access
Easement on a Portion of the Larimer County Landfill to Poudre Fire Authority.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 15, 2025, authorizes the conveyance of
one Emergency Access Easement (the “Easement”) on a portion of co-owned City property presently
known as Larimer County Landfill to Poudre Fire Authority.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Property
A 320 acre portion (the “Property”) of the land known as Larimer County Landfill was acquired by the City
from Norbert F. Graese and Anita Belle Graese by that certain Warranty Deed dated October 5, 1962,
recorded at Book No. 1193, Page 123, with Clerk and Recorder’s Records, Larimer County, Colorado. An
undivided ¼ interest in the Property was subsequently conveyed to the Board of County Commissioners
of Larimer County, Colorado, by that certain Warranty Deed dated November 29, 1967, recorded at Book
No. 1375, Page 863, with Clerk and Recorder’s Records, Larimer County, Colorado, and another undivided
¼ interest in the Property was conveyed to The City of Loveland, Colorado, by that certain Warranty Deed
dated December 5, 1967, recorded at Book No. 1376, Page 187, with Clerk and Recorder’s Records,
Larimer County, Colorado.
The ownership of the Property is currently vested in the City (1/2), Board of County Commissioners of
Larimer County, Colorado (1/4), and The City of Loveland, Colorado (1/4), as tenants in common, and, to
properly grant the easement, all three owners of the Property (the “Owners”) must execute the proposed
Easement.
The City operated the Landfill from 1963 until January 1, 1975, after which Larimer County operated the
Landfill pursuant to an agreement among the Parties dated November 21, 1974, and Larimer County
remains the current operator.
Page 160
Item 9.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The Project
Larimer County has requested the Easement as part of a project (the “Project”) to install new improvements
to the Larimer County Landfill to support an improved regional waste management and diversion system,
including a new Central Diversion and Transfer Station (the “Transfer Station”). The Project will modify
access to the redesigned Transfer Station by creating separate designated traffic lanes for residential users
and commercial trash haulers and relocating the access routes (see attachments). Accordingly, the existing
entrance and exit for the Larimer County Landfill will be closed to the public and relocated to another area.
As part of this Project, the Larimer County Planning Commission has requested that all owners convey an
emergency access easement to Poudre Fire Authority (“PFA”) to create a secondary emergency access
route to the Transfer Station.
The easement is intended to provide emergency vehicle access; improving response times and enhancing
public safety by allowing direct access from the adjacent roadway to remote areas of the landfill site. PFA
intends to use the existing dirt and gravel roads on the Property as part of the Easement, and the Project
does not presently include any planned improvements to these roads.
The Easement
The requested Easement consists of one (1) proposed permanent non-exclusive Emergency Access
Easement totaling 0.97 acres. The Easement is intended to allow the construction, maintenance, and
ongoing use of an emergency vehicle access route, utilizing an already used traffic pattern to ensure
functional and safe access conditions throughout the easement area. All activities within the Easement will
comply with current operational protocols and environmental safeguards in place for the landfill site.
Alternative Location Analysis
No alternative location was considered due to the operational configuration of the landfill and the necessity
of access to specific areas within the Property. The alignment of the easement was determined based on
topography, existing infrastructure, and emergency response needs.
CITY FINANCIAL IMPACTS
Aside from staff time, there is no cost to the City associated with the Easement. However, staff estimates
the fair market value of the Easement to total $35,437. The City and other Owners are not seeking
compensation from Larimer County or PFA for this Easement, given its public safety purpose and shared
operational benefit.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None. The City-owned interest in the Property is owned and managed by the Operation Services
Department, and no Board, Commission, or Committee oversight or approval is required.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in July 15, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 125, 2025
Page 161
Item 9.
-1-
ORDINANCE NO. 125, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EMERGENCY
ACCESS EASEMENT ON A PORTION OF THE LARIMER
COUNTY LANDFILL TO POUDRE FIRE AUTHORITY
A. The Larimer County Solid Waste Facility at 5887 S. Taft Hill Road (“Landfill”)
is a regional solid waste processing and disposal site operated and maintained by Larimer
County (the “County”).
B. The site on which the Landfill operates is described as the North one-half
of Section 9, Township 6 North, Range 69 West of the 6th P.M. (“Landfill Site”).
C. Since 1967 the Landfill Site has been and is currently owned in the following
undivided interests: 50% the City, 25% the County, and 25% the City of Loveland
(together, the “Owners”).
D. The City operated the Landfill from 1963 until January 1, 1975, after which
the County operated the Landfill pursuant to an agreement among the Owners dated
November 21, 1974. The County remains the current operator of the Landfill.
E. Larimer County seeks to install new improvements at the Landfill to support
a new regional waste management and diversion system, including a new central
diversion and transfer station (the “Transfer Station”). As part of the project to build the
new Transfer Station, the Larimer County Planning Commission requested that the
Owners convey an access easement to Poudre Fire Authority to create a secondary
access route to the Transfer Station for emergency fire access. Poudre Fire Authority
intends to use existing dirt and gravel roads on the Landfill Site for the easement.
F. The form of the easement with its terms and conditions (the “Easement”) is
shown on Exhibit A, attached hereto and incorporated herein by this reference . The area
of the Easement is described on Exhibit A to the Easement.
G. The City has estimated the fair market value of the Easement is $35,437.
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.
I. Section 23-114 of the City Code authorizes the City Council to dispose of
interests in real property for less than fair market value provided that the City Council
determines that such disposition serves a bona fide public purpose.
J. City staff has recommended that the City grant the Easement at no cost to
Poudre Fire Authority.
Page 162
Item 9.
-2-
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council finds that granting the Easement on the terms and
conditions described herein is in the best interests of the City and serves a bona fide
public purpose in accordance with the requirements of Section 23 -114 of the City Code
because:
a. The Easement promotes health, safety or general welfare and benefits
a significant segment of the residents of Fort Collins because it allows
for effective fire response at the Landfill;
b. The Easement supports the City’s goal of helping to ensure a safe
community with effective fire response;
c. The financial support provided through the grant of the Easement to
Poudre Fire Authority can be leveraged through benefits to the City’s
cooperative relationship with Poudre Fire Authority;
d. The financial benefit to Poudre Fire Authority is not substantial relative
to the public purpose of improving emergency response to fire;
e. The grant of the Easement will not interfere with current City projects or
work programs, hinder workload schedules or divert resources needed
for primary City functions or responsibilities.
Section 2. The City Council hereby authorizes the Mayor to execute the
Easement 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.
Page 163
Item 9.
-3-
Introduced, considered favorably on first reading on July 15, 2025, and approved
on second reading for final passage on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 29, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A – Deed of Dedication of Easement
Page 164
Item 9.
DEED OF DEDICATION OF EASEMENT
The undersigned CITY OF FORT COLLINS, COLORADO, a municipal corporation,
CITY OF LOVELAND, COLORADO, a municipal corporation and BOARD OF COUNTY
COMMISSIONERS OF LARIMER COUNTY, COLORADO, a political subdivision of the
State of Colorado (the “Grantors”), being the owners of certain real property in the County of
Larimer, State of Colorado, in consideration of Ten Dollars ($10.00) in hand paid, receipt of
which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate,
transfer, and convey to the Poudre Fire Authority, for public use forever a permanent easement
for emergency access in the County of Larimer, State of Colorado, more particularly described
on Exhibit “A” attached hereto and by this reference made a part hereof (the “Easement”).
The Poudre Fire Authority’s rights under the Easement include the right of emergency vehicles
and personnel to access the Easement; the right to designate the Easement as a fire lane with the
enforcement of provisions required through said designation of a fire lane; and the right to cite,
ticket, and/or tow vehicles and/or remove obstructions within the Easement that prevent and/or
restrict the maintaining of emergency access. Grantors reserve the right to use the Easement for
purposes that do not interfere with the full enjoyment of the rights hereby granted.
Grantors will maintain the surface of the Easement in a sanitary condition in compliance with
any applicable weed, nuisance or other legal requirements.
Grantors will not install on the Easement, or permit the installation on the Easement, of any
building, structure, improvement, fence, retaining wall, sidewalk, tree or any other obstruction
that would negatively impact the ability of emergency vehicles and personnel to utilize the
Easement as intended, designed and approved. In the event such obstacles are installed in the
Easement, the Poudre Fire Authority has the right to require Grantors to remove such obstacles
from the Easement. If Grantors do not remove such obstacles, the Poudre Fire Authority may
remove such obstacles without any liability or obligation for repair and replacement thereof, and
charge the Grantors the Poudre Fire Authority’s costs for such removal. If the Poudre Fire
Authority chooses not to remove the obstacles, the Poudre Fire Authority will not be liable for
any damage to the obstacles or any other property to which they are attached.
The rights granted to the Poudre Fire Authority by this Deed inure to the benefit of the Poudre
Fire Authority’s agents, licensees, permittees and assigns.
[SIGNATURES ON FOLLOWING PAGES]
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 165
Item 9.
CITY OF FORT COLLINS, COLORADO, a municipal corporation
By:
Jeni Arndt, Mayor
Date: _________________________
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
Printed Name: Printed Name:
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______________,
202_, by Jeni Arndt as Mayor of the City of Fort Collins.
Witness my hand and official seal.
_____________________________
Notary Public
My commission expires: ____________________
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 166
Item 9.
CITY OF LOVELAND, COLORADO, a municipal corporation
By:
Jim Thompson, City Manager
Date: _________________________
ATTEST: APPROVED AS TO FORM:
City Clerk Assistant City Attorney
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ___ day of _______________,
202_, by Jim Thompson as City Manager of the City of Loveland, Colorado.
Witness my hand and official seal.
_____________________________
Notary Public
My commission expires: ____________________
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 167
Item 9.
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
BY: ______________________________
Chair
ATTEST: APPROVED AS TO FORM:
Deputy Clerk of the Board Assistant Deputy County Attorney
Date: June 24, 2025
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _____ day of _____________,
202_ by __________________ as Chair of the Board of County Commissioners, Larimer County,
Colorado.
Witness my hand and official seal.
_____________________________
Notary Public
My commission expires: ____________________
This Deed of Dedication is accepted by the Poudre Fire Authority this ___ day of ____________,
20__.
______________________________
Poudre Fire Authority
By: ___________________________
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 168
Item 9.
EXHIBIT “A”
(on following four pages)
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 169
Item 9.
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 170
Item 9.
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 171
Item 9.
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 172
Item 9.
EXHIBIT A TO ORDINANCE NO. 125, 2025
Page 173
Item 9.
File Attachments for Item:
10. First Reading of Ordinance No. 127, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services as Designated
by the Donors.
The purpose of this item is to recommend an appropriation of $22,050 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 174
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Emily Land, Director of Philanthropy & Strategic Partnerships
SUBJECT
First Reading of Ordinance No. 127, Appropriating Unanticipated Philanthropic Revenue Received
Through City Give for Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
The purpose of this item is to recommend an appropriation of $22,050 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 recommend 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 $22,050 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 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 $22,050 have been received for various programs. These gifts include: $20,000 received from
AARP in support Neighborhood Services, $1,500 received from the U.S. Tennis Association in support of
Recreation, and $550 received from individual donors in support of various departments and programs.
The respective donors have directed the City to use these generous donations for designated purposes
within, and to benefit, City service areas and programs.
Page 175
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
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 through City Give in the amount of $22,050 and
authorize expenditures against those revenues for the purposes and in the amounts as directed by donors
to support various City departments to support a range of programs and services.
Fund Project Amount Lapsing/Non-
lapsing
General Plumbing 101 & Water conservation Workshops $20,000 Lapsing
Recreation Recreation/Tennis $1,500 Lapsing
Recreation The Farm at Lee Martinez Park $500 Lapsing
Light & Power Payment Assistance Fund $50 Non-lapsing
The donations will be spent from the designated fund solely for the donors’ intended 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.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 127, 2025
Page 176
Item 10.
-1-
ORDINANCE NO. 127, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE RECEIVED THROUGH CITY GIVE FOR VARIOUS
PROGRAMS AND SERVICES AS DESIGNATED BY THE
DONORS
A. The City has received generous donations in 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, parks and recreation, utility
payment assistance, and neighborhood services.
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 are 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 expiration of the donation or the
City’s expenditure of all funds received from such donation.
F. The City Council wishes to designate the appropriation herein for the
donation to the 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 177
Item 10.
-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 as described in the Agenda Item
Summary.
Section 2. The appropriation herein for the donation to the Payment Assistance
Fund 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 until the earlier of
the expiration of the donation or the City’s expenditure of all funds received from such
donation.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
General Fund, Neighborhood Services $20,000
Light & Power Fund, donation to the
Payment Assistance Fund $50
Recreation Fund $2,000
Page 178
Item 10.
File Attachments for Item:
11. First Reading of Ordinance No. 128, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves in the Water Utility Fund for the Lemay Water Line
Replacement Project and to Supplement the 2025 Water Main Operating Budget and
Related Art in Public Places.
The purpose of this item is to request a supplemental appropriation of $3,400,000 in the Water
Utility Fund to fund the Lemay Water Line Replacement Project, and to supplement the 2025
water main operating budget, in addition to an appropriation of $32,000 for Art in Public Places.
The Lemay Water Line Replacement Project is the result of unanticipated and continuous water
leaks occurring since spring 2025. Based on the number and frequency of leaks, approximately
$200,000 has been spent to date on responding to leaks. Considering the condition of the water
line and risk to City staff and the public, the water line needs to be replaced. The $3,432,000
supplemental appropriation serves to: 1) supplement the 2025 water main repairs operating
budget by $200,000 for unanticipated costs incurred to respond to numerous leaks; 2) fund
$3,200,000 for design and construction of a new water line, as well as removal of the existing
water line; and 3) contribute $32,000 for Art in Public Places per Code.
Page 179
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jeremy Woolf, Senior Director, Water Operations
Andrew Ginerich, Director, Water Field Operations
Joe Wimmer, Director, Utilities Finance
SUBJECT
First Reading of Ordinance No. 128, 2025, Making Supplemental Appropriations and Appropriating
Prior Year Reserves in the Water Utility Fund for the Lemay Water Line Replacement Project and
to Supplement the 2025 Water Main Operating Budget and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to request a supplemental appropriation of $3,400,000 in the Water Utility Fund
to fund the Lemay Water Line Replacement Project, and to supplement the 2025 water main operating
budget, in addition to an appropriation of $32,000 for Art in Public Places.
The Lemay Water Line Replacement Project is the result of unanticipated and continuous water leaks
occurring since spring 2025. Based on the number and frequency of leaks, approximately $200,000 has
been spent to date on responding to leaks. Considering the condition of the water line and risk to City staff
and the public, the water line needs to be replaced. The $3,432,000 supplemental appropriation serves to:
1) supplement the 2025 water main repairs operating budget by $200,000 for unanticipated costs incurred
to respond to numerous leaks; 2) fund $3,200,000 for design and construction of a new water line, as well
as removal of the existing water line; and 3) contribute $32,000 for Art in Public Places per Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Lemay Water Line Replacement Project arises from the condition of the water line resulting in an
unprecedented number of water main leaks since spring 2025. The 20-inch water line along Lemay
Avenue, between Harmony Road and Harbor Walk Drive has suffered seven leaks from April through mid-
June 2025. Each leak resulted in closure of Lemay Ave for eighteen to twenty-four hours, thereby impacting
those living along and/or traveling this arterial roadway. Each leak has required approximately $25,000 for
repairs, greatly impacting the water main repairs operating budget. The 2025 operating budget has incurred
approximately $200,000 in unanticipated costs to pair these leaks.
The water line, constructed in 1977, is a 20” ductile iron pipe. Prior specifications did not require the water
line to be wrapped in plastic, with native soil used as backfill on top of the pipe. The 2025 leaks have all
been on top of the water line, which is consistent with native backfill material directly in contact with ductile
Page 180
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
iron pipe. Continuous leak repair creates isolated system vulnerability. Based on the condition of the water
line, the entire 2,800 linear feet of 20” ductile iron pipe along Lemay Ave, from Harbor Walk Drive to
Harmony Road, needs to be replaced with new polyvinyl chloride (PVC) pipe. Design and construction of
the new PVC water line, including appropriate contingency, is estimated at $3,200,000.
Staff requests a $3,432,000 supplemental appropriation from Water Utility Fund reserves, with $200,000
for the water main repairs 2025 operating budget, $3,200,000 for the Lemay Water Line Replacement
Project, and $32,000 for Art in Public Places, per code.
CITY FINANCIAL IMPACTS
This ordinance will appropriate:
$200,000 for Water Utility Fund lapsing expenses. These lapsing expenses fall under the water main
repairs 2025 operating budget and
$3,232,000 for Water Utility Fund non-lapsing expenses ($3,200,000 for design and construction and
$32,000 for Art in Public Places).
The $32,000 contribution for the Art in Public Places will be as follows: $24,960 will remain in the Water
Utility Fund for Art in Public Places artwork and $7,040 will be transferred to the Cultural Services and
Facilities Fund for operations and maintenance.
Water Utility Fund reserves are available for the above respective appropriations, with the fund projected
to end 2025 above the City’s fund reserve target.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Utilities staff presented the Lemay Water Line Replacement Project to the Water Commission at its July
17, 2025, regular meeting. The Water Commission recommended Council approve the supplemental
appropriation from the Water Utility Fund to fund the Lemay Water Line Replacement Project.
Utilities staff also presented (Attachment 2) the project and impact to the water main repairs 2025 operating
budget to Council Finance Committee at its August 7, 2025, meeting. The Council Fina nce Committee
recommended Council to approve the $3,432,000 supplemental appropriation.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Water Commission Minutes, July 17, 2025
2. Council Finance Committee Minutes, August 7, 2025
3. Council Finance Committee Presentation, August 7, 2025
4. Ordinance No. 128, 2025
Page 181
Item 11.
07/17/2025 DRAFT MINUTES Page 1 of 2
Water Commission
REGULAR MEETING DRAFT MINUTES (Excerpt Capital Appropriation)
Thursday, July 17, 2025 – 5:30 PM
222 Laporte Ave., 1st Floor, Colorado River Room
1. REGULAR (ACTION) ITEMS
a. Mid-Cycle Appropriation from Wastewater Reserves for North Process
Train Blower Replacement
Plant Director of Drake Water Reclamation Facility Christina Schroeder
provided highlights of the appropriation request to replace a failed blower (that
is currently inoperable) to comply with discharge permit requirements. Plant
Engineer Mandy Rasmussen attended as staff support. Ms. Schroeder
described the blowers (installed in 2011) as the lungs of the reclamation
facility and highly critical to the treatment process; the blowers are no longer
supported by the vendor; the facility is now limited to three of four blowers
required by the State of Colorado Water Quality Division. Engineer’s opinion of
probable cost is $2,350,000. The project was initiated with W ater Reclamation
and Biosolids replacement program funds ($650,000). This item is scheduled
for the Aug. 19 City Council meeting.
Discussion Highlights
Commissioners commented on and inquired about various related topics
including whether the City is subject to fines (Ms. Schroeder replied not at this
time; a fine would occur only if the facility were unable to fulfill discharge
requirements); improvements in equipment technology and design (Fort
Collins Utilities is not the only municipality to replace its blowers earlier than
the 20-year expected life of the equipment (Boulder replaced its blowers
several years ago, for example); whether other projects are competing for the
funding; Utilities Finance Director Joe Wimmer stated that staff is comfortable
using reserves now and that other repair/replacement projects identified in the
master plan will be funded by issuing debt (the wastewater fund currently has
no debt and will be in a good position to enter the market).
Commissioner Kahn moved that the Water Commission recommends City
Council approve a mid-cycle appropriation of $1.7 million from wastewater
reserves for North Process Train Blower replacement.
Commissioner Martin seconded the motion.
Vote on the motion: it passed unanimously, 8-0
b. Mid-Cycle Appropriation from Waster Reserves for Emergency
Replacement of Lemay Avenue Waterline
Staff requested a Water Commission recommendation for City Council
approval to replacement the 20-inch waterline – originally constructed in 1977
– in Lemay Avenue between Harmony Road and Harbor Walk. Water Field
Operations Manager Andrew Gingerich summarized the history and details of
Page 182
Item 11.
07/17/2025 DRAFT MINUTES Page 2 of 2
the seven water main leaks over two months in Lemay Avenue between
Harbor Walk and Breakwater. Each leak requires full closure of Lemay
Avenue for 18 to 24 hours, and repair costs are estimated between $140,000
to $175,000 (each leak costs approximately $20,000). Leak repair doesn’t
affect individual services but creates isolated system vulnerability. Vintage
pipes were installed in 1979 and 1985. Construction can be completed by
summer 2026. Engineer’s opinion of probable cost is $3.4 million.
Discussion Highlights
Commissioners commented on and inquired about various related topics
including the southern piece of pipe down to Harmony Road’s north side,
replacement would be from north of Harmony (not into the Harmony/Lemay
intersection; comment 2,800 feet is a lot of pipe (a half-mile); assessments
can happen only during a water main leak; possibility of trenchless repair (Mr.
Gingerich stated it’s possible and that staff will evaluate this during the design
process); whether Streets Department budget contains money for this paving
(staff replied that Utilities pays Streets Department for asphalt patching,
paving, and traffic control.)
Commissioner Martin moved that Water Commission recommends City
Council approve a mid-cycle appropriation of $3.4 million from water reserves
for Lemay Avenue 20” Water Transmission Main Emergency Replacement.
Commissioner Herman seconded the motion.
Vote on the motion: it passed unanimously, 8-0
Page 183
Item 11.
Headline Copy Goes Here
Andrew Gingerich
Director, Water Field Operations
Joe Wimmer
Director, Utilities Finance
Lemay Ave 20"
Transmission Main
Emergency
Replacement
August 7, 2025
Page 184
Item 11.
Headline Copy Goes Here
2
Direction Sought
Does the Committee support an appropriation of $3.2M from Water
Fund reserves to complete the Lemay Transmission Main
Replacement Project?
01
Does the Committee support an appropriation of $200k from
Water Fund reserves to supplement the water main repairs
operating budget?
02
Page 185
Item 11.
Headline Copy Goes HereBackground
3
-7 Main Leaks Occurred between 4/22/25 & 6/18/25
-Each leak requires full closure of Lemay Ave for 18 –24 Hours
-Repair costs estimated between $175,000 -$200,000
-Leak repair doesn't affect individual services but creates isolated
system vulnerability
-Street repair and safety considerations
Page 186
Item 11.
Headline Copy Goes HereRecommendation –Emergency Replacement
4
-Existing main is 1979 Ductile Iron Pipe direct buried w/out plastic wrap
-All 7 Failures have been electrolysis holes on top of pipe
-1979 vintage pipe exists from Harbor Walk to Harmony Road (~2,800 L.F.)
-1985 vintage pipe N. of Harbor Walk (plastic wrap & no known leaks)
-Recommend replacing the entire 2,800 L.F. of existing Ductile Iron Pipe with
new Polyvinyl Chloride Pipe (PVC).
-Design will determine the exact sizing and location within Lemay Ave which
can hopefully lower cost estimates.
-Construction to be completed by summer of 2026 to meet water demands
Page 187
Item 11.
Headline Copy Goes HereFinancial Impact
5
•Engineer’s Opinion of Probable Cost = $3,200,000
•Water Main Repairs Operating Budget Need = $200,000
•Total Supplemental Appropriation Request = $3,400,000
Item Budget
Design $250,000
Construction $2,500,000
Contingency $450,000
Total $3,200,000
Page 188
Item 11.
Headline Copy Goes Here
6
Water Fund Reserves Position
Description Total
2024 Year-End Fund Balance $79.5M
Previously Appropriated ($46.4M)
Minimum Reserve Policy ($7.0M)
Available Reserves $26.1M
•Lemay Water Line Replacement $ 3.4M
•2025 Available $ 22.7M
Page 189
Item 11.
- 1 -
ORDINANCE NO. 128, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND
APPROPRIATING PRIOR YEAR RESERVES IN THE WATER
UTILITY FUND FOR THE LEMAY WATER LINE REPLACEMENT
PROJECT AND TO SUPPLEMENT THE 2025 WATER MAIN
OPERATING BUDGET AND RELATED ART IN PUBLIC PLACES
A. The City owns and operates a Water Utility, which includes a water main in
Lemay Avenue between Harmony Road and Harbor Walk Drive (“Lemay Water Line”).
The Lemay Water Line Replacement Project (“Project”) resulted from an unexpected
infrastructure failure.
B. The Lemay Water Line conveys treated water to Water Utility customers.
From April through mid-June 2025, the Lemay Water Line has suffered seven
unanticipated and continuous water leaks resulting in a cost to the Water Utility in the
amount of $200,000 to respond to these leaks. Each leak required the closure of Lemay
Avenue for 18-24 hours, negatively impacting neighboring residents and motorists.
C. The Lemay Water Line, constructed in 1977, is comprised of 2,800 linear
feet of 20-inch ductile iron pipe that is corroding and needs to be replaced with new
polyvinyl chloride (PVC) pipe. Total Project costs for the design and construction of the
replacement, including appropriate contingency, is estimated at $3,200,000 .
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of : delivering treated water to
customers of the Water Utility and Fort Collins residents; ensuring that such water delivery
is done in an efficient manner for the benefit of the Water Utility’s ratepayers; and ensuring
that such delivery is done pursuant to all applicable water quality regulations and permits
so as to protect the health, safety, and welfare of Fort Collins and its residents.
E. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Water Fund and that this appropriation will not cause the total
amount appropriated in the Water Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
G. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinanc e any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
Page 190
Item 11.
- 2 -
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for wh ich 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.
H. The City Manager has recommended the transfer of $200,000 from the
Water Fund operating budget to the Water Fund water main repairs operating budget and
determined that the purpose for which the transferred funds are to be expended remains
unchanged.
I. 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”).
J. The total Project cost of $3,200,000 has been used to calculate the
contribution to the APP Program.
K. The amount to be contributed in this Ordinance to the APP Program will be
$32,000.
L. In accordance with Article V, Section 10 of the City Charter, the
appropriation for the Project from the Water Fund and the transfer of a portion of those
unexpended and unencumbered appropriated funds to the APP Program as provided in
City Code Section 23-304(a) will be used for Water Fund purposes and improvements in
connection with the Project that provide a betterment to the Utility or provide a specific
utility purpose that is beneficial to the Utility’s ratepayer.
M. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital, that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made, but continue
until the completion of the capital project.
N. The City Council wishes to designate the appropriation herein for the Lemay
Water Line Replacement capital project and/or federal, state or private grant or donation
as an appropriation that shall not lapse until the completion of the Project.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the Water
Fund the sum of THREE MILLION TWO HUNDRED THOUSAND DOLLARS
($3,200,000) to be expended in the Water Fund for the Lemay Water Line Replacement
Project.
Page 191
Item 11.
- 3 -
Section 2. The unexpended and unencumbered appropriated amount of TWO
HUNDRED THOUSAND DOLLARS ($200,000) is authorized for transfer from the Water
Fund Operating Budget to the Water Fund Water Line Replacement Operating Budget
and appropriated therein to be expended for the Lemay Water Line Replacement Project.
Section 3. The unexpended and unencumbered appropriated amount of
TWENTY-FOUR THOUSAND NINE HUNDRED SIXTY DOLLARS ($24,960) in the Water
Fund is hereby authorized for transfer to the Water Fund APP Artwork Budget and
appropriated and expended therein to fund art projects under the APP Program.
Section 4. The unexpended and unencumbered appropriated amount of
SEVEN THOUSAND FORTY DOLLARS ($7,040) in the Water Fund is hereby authorized
for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation and maintenance costs of the APP Program.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Eric Potyondy
Exhibit: None
Page 192
Item 11.
File Attachments for Item:
12. First Reading or Ordinance No. 129, 2025, Appropriating Prior Year Reserves in the
Wastewater Utility Fund for the Blower Replacement Project and Related Art in Public
Places.
The purpose of this item is to request additional appropriation of $1,700,000 in the Wastewater
Utility Fund to fund the Blower Replacement Project, in addition to appropriation of $17,000 for
Art in Public Places.
The Blower Replacement Project at the Drake Water Reclamation Facility (DWRF) has
undergone design, up to sixty percent, for replacing two blowers. An additional $1,700,000 from
Wastewater Utility Fund reserves is needed to supplement the existing appropriated budget for
preliminary design. The requested $1,700,000 additional appropriation will fund final design and
installation of both blowers, having a minor contingency to fund unanticipated costs for the
blowers to be placed into service.
Page 193
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jeremy Woolf, Senior Director, Water Operations
Christina Schroeder, Director, Plant Operations
Joe Wimmer, Director, Utilities Finance
SUBJECT
First Reading or Ordinance No. 129, 2025, Appropriating Prior Year Reserves in the Wastewater
Utility Fund for the Blower Replacement Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to request additional appropriation of $1,700,000 in the Wastewater Utility Fund
to fund the Blower Replacement Project, in addition to appropriation of $17,000 for Art in Public Places.
The Blower Replacement Project at the Drake Water Reclamation Facility (DWRF) has undergone design,
up to sixty percent, for replacing two blowers. An additional $1,700,000 from Wastewater Utility Fund
reserves is needed to supplement the existing appropriated budget for preliminary design. The requested
$1,700,000 additional appropriation will fund final design and installation of both blowers, having a minor
contingency to fund unanticipated costs for the blowers to be placed into service.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Blower Replacement Project arises from unexpected operational failure this year combined with the
high potential for the DWRF to be in noncompliance with state water quality regulations and permits. The
DWRF has two secondary process treatment trains (North and South). Each treatment train has a total of
six aeration basin zones, which is supported by four blowers. Absent operation of all four blowers, the
capacity of the aeration basin zones is reduced, thereby impacting the efficiency of plant operations.
DWRF’s North Process Train is currently operating with only three blowers. One of the two high speed
turbo compressor style (Turbo) blowers stopped working. Based on the Turbo blowers no longer being
supported by the manufacturer and being at the end of their useful life, both Turbo blowers require
replacement to ensure compliance with state water quality regulations and permits, as well as to ensure
efficient operations.
While included in capital improvement plans for the DWRF, the Blower Replacement Project was not
scheduled for funding in the 2025/26 budget. After failure of one Turbo blower, $650,000 was allocated
from existing replacement program capital funds for design of both Turbo blowers, funding the Project
through 60 percent design. Considering total project costs for design and construction of both new Turbo
Page 194
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
blowers estimated at $2,350,000, an additional $1,700,000 is needed to complete the Project. Final design
and construction, with appropriate contingency, estimated at $1,700,000 will undergo a formal request for
proposal proposed in August 2025.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $1,717,000 for Wastewater Utility Fund non-lapsing expenses. The
$17,000 contribution for the Art in Public Places will be as f ollows: $13,260 will remain in the Wastewater
Utility Fund for Art in Public Places artwork and $3,740 will be transferred to the Cultural Services and
Facilities Fund for operations and maintenance respectively.
Wastewater Utility Fund reserves are available for the $1,717,000 Blower Replacement Project, with the
fund projected to end 2025 above the City’s fund reserve target.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Utilities staff presented the Blower Replacement Project to the Water Commission at its July 17, 2025,
regular meeting. The Water Commission recommended Council approve the supplemental appropriation
from the Wastewater Utility Fund to fund the Blower Replacement Project.
Utilities staff also presented the Project (Attachment 3) to Council Finance Committee at its August 7, 2025,
meeting. The Council Finance Committee recommended Council approve the $1,717,000 supplemental
appropriation.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Water Commission Minutes, July 17, 2025
2. Council Finance Committee Presentation, August 7, 2025
3. Ordinance No. 129, 2025
Page 195
Item 12.
07/17/2025 DRAFT MINUTES Page 1 of 2
Water Commission
REGULAR MEETING DRAFT MINUTES (Excerpt Capital Appropriation)
Thursday, July 17, 2025 – 5:30 PM
222 Laporte Ave., 1st Floor, Colorado River Room
1. REGULAR (ACTION) ITEMS
a. Mid-Cycle Appropriation from Wastewater Reserves for North Process
Train Blower Replacement
Plant Director of Drake Water Reclamation Facility Christina Schroeder
provided highlights of the appropriation request to replace a failed blower (that
is currently inoperable) to comply with discharge permit requirements. Plant
Engineer Mandy Rasmussen attended as staff support. Ms. Schroeder
described the blowers (installed in 2011) as the lungs of the reclamation
facility and highly critical to the treatment process; the blowers are no longer
supported by the vendor; the facility is now limited to three of four blowers
required by the State of Colorado Water Quality Division. Engineer’s opinion of
probable cost is $2,350,000. The project was initiated with W ater Reclamation
and Biosolids replacement program funds ($650,000). This item is scheduled
for the Aug. 19 City Council meeting.
Discussion Highlights
Commissioners commented on and inquired about various related topics
including whether the City is subject to fines (Ms. Schroeder replied not at this
time; a fine would occur only if the facility were unable to fulfill discharge
requirements); improvements in equipment technology and design (Fort
Collins Utilities is not the only municipality to replace its blowers earlier than
the 20-year expected life of the equipment (Boulder replaced its blowers
several years ago, for example); whether other projects are competing for the
funding; Utilities Finance Director Joe Wimmer stated that staff is comfortable
using reserves now and that other repair/replacement projects identified in the
master plan will be funded by issuing debt (the wastewater fund currently has
no debt and will be in a good position to enter the market).
Commissioner Kahn moved that the Water Commission recommends City
Council approve a mid-cycle appropriation of $1.7 million from wastewater
reserves for North Process Train Blower replacement.
Commissioner Martin seconded the motion.
Vote on the motion: it passed unanimously, 8-0
b. Mid-Cycle Appropriation from Waster Reserves for Emergency
Replacement of Lemay Avenue Waterline
Staff requested a Water Commission recommendation for City Council
approval to replacement the 20-inch waterline – originally constructed in 1977
– in Lemay Avenue between Harmony Road and Harbor Walk. Water Field
Operations Manager Andrew Gingerich summarized the history and details of
Page 196
Item 12.
07/17/2025 DRAFT MINUTES Page 2 of 2
the seven water main leaks over two months in Lemay Avenue between
Harbor Walk and Breakwater. Each leak requires full closure of Lemay
Avenue for 18 to 24 hours, and repair costs are estimated between $140,000
to $175,000 (each leak costs approximately $20,000). Leak repair doesn’t
affect individual services but creates isolated system vulnerability. Vintage
pipes were installed in 1979 and 1985. Construction can be completed by
summer 2026. Engineer’s opinion of probable cost is $3.4 million.
Discussion Highlights
Commissioners commented on and inquired about various related topics
including the southern piece of pipe down to Harmony Road’s north side,
replacement would be from north of Harmony (not into the Harmony/Lemay
intersection; comment 2,800 feet is a lot of pipe (a half-mile); assessments
can happen only during a water main leak; possibility of trenchless repair (Mr.
Gingerich stated it’s possible and that staff will evaluate this during the design
process); whether Streets Department budget contains money for this paving
(staff replied that Utilities pays Streets Department for asphalt patching,
paving, and traffic control.)
Commissioner Martin moved that Water Commission recommends City
Council approve a mid-cycle appropriation of $3.4 million from water reserves
for Lemay Avenue 20” Water Transmission Main Emergency Replacement.
Commissioner Herman seconded the motion.
Vote on the motion: it passed unanimously, 8-0
Page 197
Item 12.
Headline Copy Goes Here
Sr Director, Water Operations
Jeremy Woolf
Drake Water
Reclamation Facility
North Process Train
Blower Replacement
August 7, 2025
Director, Utilities Finance
Joe Wimmer
Page 198
Item 12.
Headline Copy Goes Here
2
Direction Sought
Does the Committee support an appropriation of $1.7M from
Wastewater Fund reserves to complete the North Process Train
(NPT) Blower Replacement at the Drake Water Reclamation Facility
(DWRF)?
01
Page 199
Item 12.
Headline Copy Goes Here
3
Overview
Background
•Drake Water Reclamation Facility (DWRF)
•North Process Train (NPT)
•Secondary Treatment Aeration from
Blowers
•Timeline of NPT Blowers
Recommendation
•Replace two turbo blowers this year
•Mid-cycle appropriation of $1,700,000 from
wastewater reserves
Page 200
Item 12.
Headline Copy Goes HereDrake Water Reclamation Facility – Aeration Basin
Page 201
Item 12.
Headline Copy Goes Here
5
NPT Secondary Treatment with Aeration
Page 202
Item 12.
Headline Copy Goes Here
6
NPT Blower Timeline
2011
to
Today
Today
Year
End
2025
2011:
•Two Turbo Blowers installed
•Two centrifugal blowers remained in
service
•Four total NPT blowers
October 2024:
•Temporary NPT Blower outage
•Manufacturer no longer supports
equipment
•Unable to make repairs
April 29, 2025:
•Blower inoperative and formally taken
out of service
Limited to three (3) out
of the four (4) blowers
required by the State of
Colorado Water Quality
Control Division
for the
Drake Water
Reclamation Facility
North Process Train
Project Schedule
December 2024 – June 2025:
•Project Initiation COMPLETE
•Replacement Evaluation COMPLETE
•Conceptual Design COMPLETE
•60 Percent Design COMPLETE
July:
•Construction Contractor Request for
Proposals – in progress
August:
•Presentation to Council
September:
•Equipment Procurement with a
minimum five week lead time
By year end 2025:
•Four (4) NPT Blowers in Operation Page 203
Item 12.
Headline Copy Goes HereFinancial Impact
7
•Engineer’s Opinion of Probable Cost = $2,350,000
•Project Initiated with WRB Replacement Program Funds = $650,000
•Requesting mid-cycle appropriation of $1,700,000 from wastewater reserves
Item Replacement
Program
Mid-Cycle
Appropriation
Budget
Design $150,000 $150,000
Construction $100,000 $1,700,000 $1,800,000
Contingency $400,000 $400,000
Total $650,000 $1,700,000 $2,350,000
Page 204
Item 12.
Headline Copy Goes Here
8
Wastewater Fund Reserves Position
Description Total
2024 Year-End Fund Balance $47.2M
Previously Appropriated ($34.1M)
Minimum Reserve Policy ($4.1M)
Available Reserves $13.1M
•DRWF Blowers appropriation $ 1.7M
•2025 Available $ 11.4M
Page 205
Item 12.
- 1 -
ORDINANCE NO. 129, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
WASTEWATER UTILITY FUND FOR THE BLOWER
REPLACEMENT PROJECT AND RELATED ART IN PUBLIC
PLACES
A. The City owns and operates a Wastewater Utility, which includes the Drake
Water Reclamation Facility (“Drake Facility”). The Blower Replacement Project (“Project”)
resulted from an unexpected operational failure.
B. The Drake Facility has two secondary process treatment trains, each of
which have six aeration basin zones that are supported by four blowers. In one of the
secondary process treatment trains, one of the two turbo blowers stopped working.
Because the turbo blowers are no longer supported by the manufacturer and are at the
end of their useful life, both need to be replaced to ensure efficient operations and
compliance with applicable water quality regulations and permits. The Project is for the
replacement of these two blowers.
C. Total Project costs for design and construction are estimated at $2,350,000.
To date, $650,000 has been allocated from existing replacement program capital funds
for design up to 60 percent. The requested appropriation of $1,700,000 would fund the
remainder of the Project.
D. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of : properly treating wastewater
from the service area of the City’s Wastewater Utility before it is discharged into the Cache
la Poudre River; ensuring that such treatment is done in an efficient manner for the benefit
of the Wastewater Utility’s ratepayers; and ensuring that such treatment is done pursuant
to all applicable water quality regulations and permits so as to protect the health, safety,
and welfare of Fort Collins and its residents.
E. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
F. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Wastewater Fund and that this appropriation will not cause the
total amount appropriated in the Wastewater 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 206
Item 12.
- 2 -
G. 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”).
H. The total Project cost of $1,700,000 for this appropriation has been used to
calculate the contribution to the APP Program.
I. The amount to be contributed in this Ordinance to the APP Program will be
$17,000.
J. In accordance with Article V, Section 10 of the City Charter, the
appropriation for the Project from the Wastewater Fund and the transfer of a portion of
those unexpended and unencumbered appropriated funds to the APP Program as
provided in City Code Section 23-304(a) will be used for Wastewater Fund purposes and
improvements in connection with the Project that provide a betterment to the Utility and
provide a specific utility purpose that is beneficial to the Utility’s ratepayers.
K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the cap ital project.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the
Wastewater Fund the sum of ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS
($1,700,000) to be expended in the Wastewater Fund for the Blower Replacement
Project.
Section 2. The unexpended and unencumbered appropriated amount of
THIRTEEN THOUSAND TWO HUNDRED SIXTY DOLLARS ($13,260) in the
Wastewater Fund is hereby authorized for transfer to the Wastewater Utility APP Artwork
Account and appropriated and expended therein to fund art projects under the APP
Program.
Section 3. The unexpended and unencumbered appropriated amount of
THREE THOUSAND FOUR HUNDRED DOLLARS ($3,400) in the Wastewater Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein for the operation costs of the APP Program.
Section 4. The unexpended and unencumbered appropriated amount of
THREE HUNDRED FORTY DOLLARS ($340) in the Wastewater Fund is hereby
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Item 12.
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authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein for the maintenance costs of the APP Program.
Section 5. The appropriation herein for Blower Replacement Project is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the completion of the
Project.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Eric Potyondy
Exhibit: None
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Item 12.
File Attachments for Item:
13. First Reading of Ordinance No. 130, 2025, Making a Supplemental Appropriation of an
Additional Award from the Colorado Auto Theft Prevention Authority Grant for the Fort
Collins Police Services Property Crimes Unit.
The purpose of this item is to support the Fort Collins Police Services ’ Property Crimes Unit by
appropriating $54,200 of unanticipated grant revenue awarded by the Colorado State Patrol
Department of Public Safety.
In July 2025, the Colorado State Patrol awarded Fort Collins Police Services $54,200 as a
partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The
$54,200 award is under the BATTLE program’s FY26 cycle. These state funds will be used for
Police Services personnel overtime pay to support multiagency and multijurisdictional BATTLE
operations to identify, interdict, investigate, enforce, and prosecute motor vehicle theft-related
crimes.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jason Lang, Detective
Carisa Clinton, Senior Grants Analyst
SUBJECT
First Reading of Ordinance No. 130, 2025, Making a Supplemental Appropriation of an Additional
Award from the Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services
Property Crimes Unit.
EXECUTIVE SUMMARY
The purpose of this item is to support the Fort Collins Police Services’ Property Crimes Unit by
appropriating $54,200 of unanticipated grant revenue awarded by the Colorado State Patrol Department
of Public Safety.
In July 2025, the Colorado State Patrol awarded Fort Collins Police Services $54,200 as a partner agency
of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The $54,200 award is under the
BATTLE program’s FY26 cycle. These state funds will be used for Police Services personnel overtime pay
to support multiagency and multijurisdictional BATTLE operations to identify, interdict, investigate, enforce,
and prosecute motor vehicle theft-related crimes.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The BATTLE program is comprised of several regions throughout Colorado, including the BATTLE North
region. Fort Collins Police Services, in capacity as a partner agency to the BATTLE North team,
collaborates with other partner agencies to respond to motor vehicle theft-related crimes. The $54,200 in
BATTLE program funds supports Fort Collins Police Services’ Property Crimes Unit to prevent auto theft
crimes. These funds will be used to cover overtime pay for Police Services personnel.
CITY FINANCIAL IMPACTS
This item appropriates $54,200 in unanticipated revenue from the Colorado Auto Theft Prevention Authority
(CATPA) grant in support of Police Services Property Crimes Unit’s participation in the BATTLE program.
There is no match requirement by the City under this grant.
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Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
This grant is a reimbursement type grant, meaning General Fund expenses will be reimbursed up to
$54,200.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None
ATTACHMENTS
1. BATTLE Grant Agreement
2. Ordinance No. 130, 2025
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Item 13.
Date: July 01, 2025
Fort Collins Police Department
Project Director Lieutenant Adam Ruehlen
Transmitted by Electronic Mail
RE: BATTLE Funding Award Letter for State Fiscal Year (SFY) 2026
Dear Lieutenant Adam Ruehlen,
On behalf of the Colorado State Patrol (CSP), it is my pleasure to congratulate you on receiving a
funding award as a partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task
Force.
The Fort Collins Police Department has been awarded $54,200.00 for the SFY26 grant cycle as a partner
agency. The grant period is July 1, 2025, through June 30, 2026. This award is subject to all financial and
administrative requirements of the Colorado Auto Theft Prevention Authority (CATPA), including
requirements outlined in the Office of Justice Programs Financial Guide, the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, and the timely submission of
all financial reports.
Enclosed in this packet is the Award Funding agreement, the grant budget, and a checklist for BATTLE
payment submissions. To officially accept the award, we request that your authorized official initial
each page and sign the Award Funding agreement and return to CSP via the following email:
battlepayments@state.co.us.
Please return your signed Funding Award agreement no later than 10 days after receipt of this letter.
Failure to sign your award may result in a delayed start date as well as reimbursements.
Please contact Captain Wesley Kartus at wesley.kartus@state.co.us or 303-277-8660 or Aleah Bachtel
at aleah.bachtel@state.co.us or 720-822-8673 if you have any questions. We look forward to working
with you in the fight against auto theft!
Best Regards,
Wesley, Kartus
Captain, Colorado State Patrol
BATTLE Project Director
Aleah Bachtel, Grants Specialist
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Item 13.
Colorado State Patrol
Statement of Funding Award
Partner Agency Name: Fort Collins Police Department
Project Director: Lieutenant Adam Ruehlen
Financial Officer: Sue Jordanger
Project Director
Address: 2221 S Timberline Rd, Fort Collins, CO 80525
Grant Number: FY26FTCPD
Date of Issue: July 1, 2025
Total Approved Budget: $54,200.00
Grant Period: July 1, 2025 through June 30, 2026
BATTLE Region: NORTH
Partner Agency Approved Budget
Line Item Qualifying Expenses
Overtime – Overtime hours and rate only. The following will not be reimbursed: Straight time,
vacation/annual leave, sick leave, holiday, compensatory.
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Item 13.
Note:
A CDPS Purchase Order authorizing CSP to reimburse the Partner Agency for expenditures in
support of the BATTLE mission will be issued as soon as possible on or after July 1, 2025. Any
expenditures prior to issuance of the Purchase Order will not be reimbursed.
o Overtime for BATTLE Operations may not commence prior to the Partner Agency receipt of their
SFY26 Purchase Order or has been notified in writing by their Regional Director that the Purchase
Order is in effect.
o Expenditures in any other approved budget categories may not be incurred prior to the Partner
Agency receipt of their SFY26 Purchase Order or has been notified in writing by their Regional
Director that the Purchase Order is in effect.
Personnel Expense-OT backup documentation includes proof of payment (paystub or payroll report),
timesheets signed by employee and supervisor.
Supplies & Operating Expense backup documentation includes an invoice with authorization for
payment and a receipt or other form of proof of payment.
Equipment Expense backup documentation must include a current quote AND an invoice as well as
proof of payment.
See Check List for BATTLE Payment Submissions for greater detail on documentation requirements
(Exhibit A).
Special Conditions and Requirements
Multipart document and Additional Requirements
1. The Partner Agency affirms that the agreement consists of a multipart document: the award letter,
Funding Award and associated special conditions, required performance metrics, and signatures of
persons authorized to sign on behalf of the partner agency.
2. The Partner Agency agrees to comply with all requirements, conditions, and regulations as detailed in
the enclosed Funding Award document. The authorized official must initial at the bottom of each page
of the enclosed Funding Award document where indicated.
3. The Partner Agency affirms that their financial system of record and associated technology is fully
adequate to support and document the separate tracking and allocation of all BATTLE grant
expenditures and revenues, especially, but not limited to, defining overtime hours worked and overtime
rate paid in relation to straight time hours worked and rate paid.
Financial Reporting Requirements
1. Budget Modification Request - Grant activities must match the approved budget included with this
document. The partner agency must secure prior written approval from CSP if there is a requested
change in any budget category. Failure to seek prior consent may result in the denial of reimbursement.
The Partner Agency shall submit a Budget Modification form to the BATTLE Regional Coordinator
requesting a revision in the Funding Award budget. The Partner Agency shall not make any changes in
the budget line items or purchase equipment or other supplies until they have received authorization
from the BATTLE Regional Coordinator. Reimbursement of any expenditures made by the Partner
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Item 13.
Agency without prior written authorization shall not be reimbursed through BATTLE funds and the
Partner Agency shall absorb that cost.
2. Invoicing - The Partner Agency agrees to submit monthly reimbursement requests on the Excel
invoice workbook with backup documentation for reimbursement. The Partner Agency must submit
the invoice workbook even if it is a zero -dollar claim no later than fifteen (15) days following the end
of a calendar month. Appropriate documentation for all expenditures must accompany reimbursement
requests. GMO will only approve reimbursement of actual, supported, and allowable expenses. Only
financial-related documents are emailed to the BATTLE address. Any operational reports or other
related working information are sent to BATTLE Regional Coordinator and not through the BATTLE
email address.
All invoices and overtime payroll must be paid by SFY June 30, 2026. Final reimbursement requests
must be completed and submitted to CSP GMO within ten (10) days after June 30, 2026.
Reimbursement requests received beyond this time will be subject to denial.
3. Monitoring - The CSP will monitor the Partner Agency’s performance obligations under this Award
Letter using procedures determined by the State of Colorado policies and procedures. In its sole
discretion, CSP shall have the right to change monitoring procedures and requirements at any time
during the term of this SFY26 grant period. The CSP shall monitor the Partner Agency’s performance
in a manner that does not unduly interfere with the Partner Agency’s performance of grant work.
As the grant’s fiscal agent, CSP shall monitor Partner Agency, including desk reviews, agency visits,
and phone interviews. The Partner Agency shall be notified at least thirty (30) days in advance of any
scheduled monitoring visits. As a recipient of these funds, the Partner Agency agrees to cooperate with
and respond to any requests for information about your award within fifteen (15) days of audit
notification.
If the CSP identifies any audit finding(s), the Partner Agency will have the opportunity to m ake
provisions to correct the finding(s). Any false statements or claims with the awarded funds may result
in fines, imprisonment, or any other remedy available by law.
The Partner Agency has the right to protest any audit findings. All protests must be in writing and
sent to the BATTLE Project Director and the Financial officer.
4. Funding from Multiple Sources - The recipient understands and agrees to notify CSP if it receives,
from any other sources, funding for the same items or services also funded under this award. The
Partner Agency shall not supplant awarded funds with city and county funds already budgeted for the
same purpose. If CSP determines there is supplanting of funds, award funds will be revoked and all
expended funds shall be returned to CSP within thirty (30) days.
5. Capital Equipment – Capital equipment is any item purchased at $5,000 per unit or more using funds
under a CATPA grant. The retention period ends when the value of the equipment has depreciated to
less than $5,000 per unit or the equipment is older than five (5) years, whichever comes first.
A. Capital Equipment Ownership. Capital equipment becomes the property of the recipient agency
approved in the Funding Award and remains in possession of the original agency so long as it continues
to be used for auto theft prevention activities as approved by the CATPA Office. If the equipment
retention period has not expired and the equipment is no longer needed or used for auto theft prevention
activities, BATTLE retains the right to reallocate the equipment for auto theft prevention.
B. Inventory of Capital Equipment. Under this agreement, the Partner Agency’s inventory of capital
equipment shall occur during the retention period by the BATTLE Project Director. A complete
equipment inventory list is maintained by the BATTLE Project Director. The Partner Agency shall
submit its inventory list to the BATTLE Regional Coordinator upon request of the BATTLE Project
Director.
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Item 13.
C. Purchase of New Capital Equipment. Stickers indicating the purchased equipment is through grant
funding will then be supplied by GMO. The stickers must be attached to the equipment (near the serial
number) and remain so until disposition of the Capital Equipment
D. Inventory Removal of Capital Equipment. The Partner Agency shall make a written request for removal
of capital equipment, along with a completed CATPA Grant Equipment Inventory Removal
Certification Form and send it to the BATTLE Regional Coordinator. Request to remove capital
equipment from the CATPA inventory is approved on any of the following conditions:
i. Equipment Lapses Retention Period. Equipment may be removed when the purchase date is five (5) or
more years past, regardless of the equipment’s actual purchase price or depreciated value.
ii. Equipment Value is Less than $5,000 per unit. Equipment may be removed from inventory when it
has depreciated to a value less than $5,000. In such cases, the Partner Agency shall provide
documentation on the justification for the depreciation and send it to the BATTLE Regional
Coordinator. CSP and CATPA recognize generally accepted accounting principles and encourage the
Partner Agency to use the straight-line depreciation method. Guidance on the straight-line depreciation
method is in the FY26 CATPA Grant Manager’s Guidance Manual.
iii. Equipment Loss, Theft, or Damage. Equipment reported as lost, stolen, or otherwise damaged beyond
its serviceable use, may be removed from inventory. In such cases, the Partner Agency must submit a
written report narrating the equipment loss, theft, or damage circumstances.
iv. Equipment Trade or Sale. Equipment may be removed from the inventory list when it is determined that
the trade or sale of the equipment is beneficial for the Partner Agency. Any funds acquired during an
approved sale of equipment shall be returned to CSP and reflected on the Financial Payment
Reimbursement Request Form.
iv. Equipment Transfer. The transference of equipment may occur if the Partner Agency no longer needs
or uses it. The CATPA Board will have final authority in approving requests for equipment transfers
and reflected on the Partner Agency’s inventory.
Other Terms and Conditions
1. Change of Personnel - The partner agency agrees to promptly give written notification to CSP of
any changes in the authorized official, project director, financial officer, or grant-funded personnel.
2. Partner Agency Records and Retention
A. Record Retention – The funds received in this Funding Award are for one year (the Grant Period). The
Partner Agency shall maintain all funding related records for a period of five (5) years following the
last day of the grant period. If there is any litigation, claim, or audit related to this Funding Award then
retention starts before the expiration of the Record Retention requirement, this period shall extend until
resolution of litigations, claims, or audit findings and final action taken by the CSP. For equipment
records, the Record Retention Period shall be five (5) years following the purchase of such property.
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Item 13.
B. Records Inspection and Maintenance – The Partner Agency must make, keep, maintain a complete file
of all records, documents, communications, notes, and other materials which can be written or
electronic. The record should include files and communications about the Funding Award work or the
delivery of services and goods hereunder. The records shall be available for inspection and monitoring
by CSP.
The Partner Agency shall permit CSP to audit, inspect, examine, copy and transcribe Partner Agency
records during the Record Retention period. Partner Agency shall make its records available during
regular business hours at Partner Agency’s office or place of business or at other mutually agreed upon
times or locations. The Partner Agency will receive no fewer than two (2) Business Days’ notice from
the CSP unless CSP determines that a shorter period of notification, or no warning, is necessary to
protect the interests of the CSP.
3. Discrimination - As a condition of receipt of state funds, you acknowledge and agree that you will not,
on the grounds of race, color, religion, national origin, sex, or disability, unlawfully exclude any person
from participation in, deny the benefits of, or employment to any person, or subject any person to
discrimination in connection with any programs or activities funded in whole or in part with state funds.
You will also not discriminate in the delivery of benefits or services based on ag e. These civil rights
requirements are found in the non-discrimination provisions of Title VI of Civil Rights Act of 1964, as
amended (42 U.S.C. §2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended
(42 U.S.C. §3789d); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794); and
the Age Discrimination Act of 1975, as amended (42 U.S.C. §6101).
4. Equal Employment Opportunity - The Partner Agency must comply with the federal regulations
pertaining to the development and implementation of an Equal Employment Opportunity Plan (28
C.F.R. Part 42 subpart E).
5. Sub-awarding Partner Agency Funds - The Partner Agency shall not subaward or pass through to
another entity these funds such as, but not limited to, public and private agencies, nor to any persons.
6. Criminal Law Violations - Subrecipients must timely disclose in writing to the BATTLE Project
Director all state and federal criminal law violations involving fraud, bribery, or gratuity that may
potentially affect the awarded state funding. Failure to make required disclosures can result in any
remedies, including suspension or revoking awarded funds.
7. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State
Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the
State, unless those State Records are otherwise publicly available at the time of disclosure or are subject
to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use
for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by
any third party for its benefit or to the detriment of the State, any State Records, except as otherwise
stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of Information Security
and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its
Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall
provide for the security of such data according to the following: (i) the most recently promulgated IRS
Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for
Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently
issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice
Information Services Security Policy for all CJI, and Page 217
Item 13.
(iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA
Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward
any request or demand for State Records to the State’s principal representative.
C. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Grant Award
Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure
agreements with provisions at least as protective as those in this Grant, and that the nondisclosure
agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
D. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information wherever located. Grantee
shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes
of inspecting and monitoring access and use of State Confidential Information and evaluating security
control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State
Records provided to Grantee or destroy such State Records and certify to the State that it has done so,
as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use,
such State Confidential Information.
E. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by
the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of
Incident in the future as directed by the State, which may include, but is not limited to, developing and
implementing a remediation plan that is approved by the State at no additional cost to the State.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices,
computer access security, data access security, data storage encryption, data transmission encryption,
security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et
seq., C.R.S. In addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not
limited to, Contractor’s employees, agents and Subcontractors, agrees not to share ny PII with any third
parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal
immigration enforcement. If Contractor is given direct access to any State databases containing PII, an
annual basis Contractor’s duty and obligation to certify as set forth in Exhibit __ shall continue as long
as Contractor has direct access to any State databases containing PII. If Contractor uses any
Subcontractors to perform services requiring direct access to State databases containing PII, the
Contractor shall require such Subcontractors to execute and deliver the certification to the State on an
annual basis, so long as the Subcontractor has access to State databases containing PII.
8. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any
way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges
that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s
interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities
or relationships that reasonably appear to be in conflict with the full performance of Grantee’s
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Item 13.
obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain
whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure
statement setting forth the relevant details for the State’s consideration. Grantee acknowledges that all
State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further
acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with
regard to this Grant.
9. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial
policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental
Immunity Act, §24-10-101, et seq.,
C. R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary
for the completion of the Work done by that Subcontractor and as required by the State or the GIA.
10. REMEDIES
In addition to any remedies available under any exhibit to this Grant Agreement, if Grantee fails to
comply with any term or condition of this Grant, the State may terminate some or all of this Grant and
require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may
also terminate this Grant Agreement at any time if the State has determined, in its sole discretion, that
Grantee has ceased performing the Work without intent to resume performance, prior to the completion
of the Work.
11. DISPUTE RESOLUTION
Except as herein specifically provided otherwise or as disputes concerning the performance of this Grant
that cannot be resolved by the designated Party representatives shall be referred in writing to the CATPA
Board or an official designated by the Department of Public Safety by Grantee for resolution.
12. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party and
shall provide this information to the other Party. All notices required or permitted to be given under this
Grant Agreement shall be in writing and shall be delivered either in hard copy or by email to the
representative of the other Party. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this §13.
13. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the
right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and
otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and
paid for with Grant Funds provided by the State pursuant to this Grant.
Return:
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Item 13.
The Partner Agency will sign a copy of the Funding Award and return the agreement to the CSP BATTLE
email. Once CSP obtains all signatures, the Partner Agency will receive a copy of this agreement.
The parties hereto have executed this binding Funding Award.
PARTNER AGENCY COLORADO STATE PATROL
Legal Name of Partner
Agency
Name of Official, Title Wesley Kartus, Captain
BATTLE Project Director
________7-14-2025_______________
Date Signed Date signed
Persons signing for Partner Agency hereby swear and affirm that they are authorized to act
on Partner Agency’s behalf and acknowledge that the Colorado State Patrol relies on their
representations to that effect. The Funding Award may be executed in two or more
counterparts, each of which together shall be deemed an original, but all of which together
shall constitute one and the same instrument. In the event that any signature is delivered by
facsimile transmission or by e-mail delivery as a scanned “.pdf” format data file, such
signature shall create a valid and binding obligation of the party executing with the same
force and effect as if such facsimile or “.pdf” signature page was an original thereof.
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Item 13.
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ORDINANCE NO. 130, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF AN
ADDITIONAL AWARD FROM THE COLORADO AUTO THEFT
PREVENTION AUTHORITY GRANT FOR THE FORT COLLINS
POLICE SERVICES PROPERTY CRIMES UNIT
A. Fort Collins Police Services (“FCPS”) is a member of the Beat Auto Theft
Through Law Enforcement (“BATTLE”) program created by Colorado State Patrol
(“CSP”). The purpose of BATTLE is for member agencies to collaborate and work with
other law enforcement agencies around the state to investigate and respond to motor
vehicle theft related crimes, which has seen a steady growth within the City over the past
five years.
B. CSP manages the BATTLE program and provides grant funding
opportunities to member agencies to help cover personnel costs for the time that is
needed to prevent auto theft crimes.
C. In December 2024, CSP awarded FCPS $80,790 in capacity as a partner
agency of the BATTLE Task Force. On February 18, 2025, through Ordinance No. 011,
2025, the $80,790 award was appropriated. On April 24, 2025, FCPS was awarded an
additional $19,011 to cover anticipated fiscal year costs for equipment.
D. The BATTLE Task Force has now awarded FCPS an additional $54,200 in
grant funds to support CSP’s plan to reduce auto theft for the North Region for the FY26
grant cycle. This grant money will help cover overtime costs associated with the FCPS
Property Crimes Unit work to support auto theft prevention measures in our community.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of the prevention and investigation
of motor vehicle theft crimes.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
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Item 13.
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or donation, that such appropriation shall not lapse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I. The City Council wishes to designate the appropriation herein for the
Colorado Auto Theft Prevention Authority Grant as an appropriation that shall not lapse
until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of FIFTY-FOUR THOUSAND TWO HUNDRED DOLLARS
($54,200) to be expended in the General Fund for the Fort Collins Police Services
Property Crimes Unit.
Section 2. The appropriation herein for the Colorado Auto Theft Prevention
Authority 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 August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dawn Downs
Exhibit: None
Page 222
Item 13.
File Attachments for Item:
14. First Reading Ordinance No. 131, 2025, Making Supplemental Appropriations of Grant
Funds From Colorado Parks and Wildlife for the Soapstone Prairie Headwaters
Restoration Project.
The purpose of this item is to support the Natural Areas Department (“NAD”) in stream and
wetland protection and restoration work at Soapstone Prairie Natural Area. The Soapstone
Prairie Headwaters Stream Restoration Project aims to improve ecological function and habitat
in a one-mile reach of stream and wetland complex at Soapstone Prairie Natural Area.
Specifically, the project will:
- Improve hydrological function and biodiversity for a one-mile reach of stream/wetland complex.
- Create seven pools using beaver dam analog wood structures to support amphibian habitat.
- Incorporate a rest cycle from livestock grazing through wildlife-friendly fencing.
- Include Native and Indigenous community members in restoration planting activities.
NAD was awarded $25,500 through the Colorado Parks and Wildlife (“CPW”) Wetlands for
Wildlife grant (Attachment 1). This grant funds the final phase of the project – adaptive
management and monitoring activities – and follows completion of prior work including design,
construction, and community engagement.
This ordinance will enable the Natural Areas Department to complete the Soapstone Prairie
Headwaters Restoration Project and fulfill final monitoring and reporting obligations under the
CPW grant.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Bernadette Kuhn, Senior Environmental Planner
Carisa Clinton, Senior Grants Analyst
SUBJECT
First Reading Ordinance No. 131, 2025, Making Supplemental Appropriations of Grant Funds From
Colorado Parks and Wildlife for the Soapstone Prairie Headwaters Restoration Project.
EXECUTIVE SUMMARY
The purpose of this item is to support the Natural Areas Department (“NAD”) in stream and wetland
protection and restoration work at Soapstone Prairie Natural Area. The Soapstone Prairie Headwaters
Stream Restoration Project aims to improve ecological function and habitat in a one-mile reach of stream
and wetland complex at Soapstone Prairie Natural Area. Specifically, the project will:
- Improve hydrological function and biodiversity for a one-mile reach of stream/wetland complex.
- Create seven pools using beaver dam analog wood structures to support amphibian habitat.
- Incorporate a rest cycle from livestock grazing through wildlife-friendly fencing.
- Include Native and Indigenous community members in restoration planting activities.
NAD was awarded $25,500 through the Colorado Parks and Wildlife (“CPW”) Wetlands for Wildlife grant
(Attachment 1). This grant funds the final phase of the project – adaptive management and monitoring
activities – and follows completion of prior work including design, construction, and community
engagement.
This ordinance will enable the Natural Areas Department to complete the Soapstone Prairie Headwaters
Restoration Project and fulfill final monitoring and reporting obligations under the CPW grant.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
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Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BACKGROUND / DISCUSSION
CPW provides annual funding through the Wetlands for Wildlife Grant to restore, enhance, and create
wetland and riparian habitat in Colorado. NAD staff partnered with CPW biologists for three years to design
and implement this project as a major priority in restoring habitat for the Northern Leopard Frog (”NLF”), a
rare amphibian listed as a Species of Greatest Conservation Need. Construction was completed in
November 2024, including installation of seven beaver dam analogs – wood structures built with
cottonwood longs and willows – to form amphibian breeding, foraging, and overwintering pools. NAD also
installed a grazing enclosure fence to allow vegetation and soil recovery, and 1000 native willow stakes
with the Native and Indigenous community to improve wildlife habitat.
The $25,500 CPW grant, awarded in June 2025, will fund post-construction adaptive management
activities such as wetland delineation, pool depth monitoring, and the preparation of as-built drawings by
an external consultant.
CITY FINANCIAL IMPACTS
This Ordinance appropriates $25,500 in unanticipated revenue from CPW to fund the final phase of
restoration work. The grant is reimbursement-based, meaning the City will incur eligible expenses and
submit for reimbursement up to the grant amount. The Natural Areas Department will contribute a $47,253
in-kind match through staff time, funded from the existing Natural Areas Fund (Fund 272); no additional
appropriation is required for the match (Attachment 2).
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Outreach has included a restoration planting event in collaboration with Native and Indigenous community
members, educational programming for Wellington students, and site visits with county, state, and federal
partners.
The project is also featured in a national restoration database: https://pbr.riverscapes.net/projects
In 2025, NAD staff are teaching Wellington students about stream restoration and Northern Leopard Frogs,
bringing county, state, and federal partners on site visits, and presenting the project at local and regional
conferences.
ATTACHMENTS
1. CPW Wetlands for Wildlife Grant Application
2. CPW Grant Award Purchase Order
3. Ordinance No. 131, 2025
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Exhibit A
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3
Exhibit B
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Item 14.
STATE OF COLORADO
Department of Natural Resources
Page 1 of 1
ORDER *****IMPORTANT*****
Number:POGG1,PMAA,202600000094 The order number and line number must appear on all
invoices, packing slips, cartons, and correspondence.Date:6/23/25
Description:
SOAPSTONE PRAIRIE NLF WETLAND
RESTORATION PROJECT #W25742
BILL TO
FORT COLLINS OFFICE
317 WEST PROSPECT
FORT COLLINS, CO 80526
Effective Date:06/23/25
Expiration Date:06/30/27
BUYER SHIP TO
Buyer:Anna Stern FORT COLLINS OFFICE
317 WEST PROSPECT
FORT COLLINS, CO 80526
Email:anna.stern@state.co.us
VENDOR
CITY OF FORT COLLINS
Police Services
PO BOX 580
FORT COLLINS, CO 80522-0580 SHIPPING INSTRUCTIONS
Delivery/Install Date:
FOB: Contact:
Phone:9702216770
VENDOR INSTRUCTIONS
EXTENDED DESCRIPTION
Line Item Commodity/Item Code UOM QTY Unit Cost Total Cost MSDS Req.
1 0 0.00 $25,500.00
Description:Restore Wetland and Riparian Habit Brannigan Sprg Soapstone
Service From:06/23/25 Service To:06/30/27
TERMS AND CONDITIONS
https://www.colorado.gov/osc/purchase-order-terms-conditions
DOCUMENT TOTAL =$25,500.00
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Item 14.
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ORDINANCE NO. 131, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF GRANT
FUNDS FROM COLORADO PARKS AND WILDLIFE FOR THE
SOAPSTONE PRAIRIE HEADWATERS RESTORATION
PROJECT
A. The City’s Natural Areas Department (“NAD”) has undertaken the
Soapstone Prairie Headwaters Restoration Project to restore ecological function and
improve habitat in a one-mile reach of stream and wetland complex at Soapstone Prairie
Natural Area.
B. This project includes the installation of beaver dam analog (“BDA”)
structures to support breeding and overwintering habitat for the Northern Leopard Frog,
a species of greatest conservation need, as well as implementation of wildlife -friendly
grazing enclosures and native willow plantings in partnership with Indigenous community
members.
C. NAD has completed the project’s design, permitting, construction, and
community engagement phases, and now seeks to complete the final adaptive
management phase, including post-construction wetland delineation, pool depth
monitoring, and preparation of as-built drawings.
D. Colorado Parks and Wildlife (“CPW ”) has awarded a $25,500 Wetlands for
Wildlife grant to the City to fund this final phase of the project.
E. The grant requires no cash match and will be supported by a $47,253 in-
kind contribution of staff time funded from the existing appropriations in the Natural Areas
Fund (Fund 272).
F. This appropriation will allow the NAD to complete required monitoring and
reporting obligations under the grant and support the long-term ecological success of the
restoration project.
G. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of enhancing wetland and riparian
ecosystems; supporting biodiversity and habitat for species of conservation concern,
including the Northern Leopard Frog; fostering climate resilience through nature -based
restoration; and engaging local communities in stewardship of public natural areas.
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
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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 Natural Areas Fund and that this appropriation will not cause the
total amount appropriated in the Natural Areas Fund to exceed the current estimate of
actual and anticipated revenues and all other funds to be received in this Fund during this
fiscal year.
J. Article V, Section 11 of the City Charter authorizes the City Council to
designate in an ordinance appropriating funds from 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 instead continue until the earlier of the expiration of the grant
or the City’s expenditure of all funds received therefrom.
K. The City Council wishes to designate the appropriation herein for the
Soapstone Prairie Headwaters Restoration Grant Project as one that shall not lapse until
the earlier of the expiration of the grant or the expenditure of all funds received from such
grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Natural Areas Fund the sum of TWENTY-FIVE THOUSAND FIVE HUNDRED DOLLARS
($25,500) to be expended in the Natural Areas Fund for Colorado Parks and Wildlife for
the Soapstone Prairie Headwaters Restoration Grant Project.
Section 2. The appropriation herein for Colorado Parks and Wildlife for the
Soapstone Prairie Headwaters Restoration Grant Project is hereby designated, as
authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not
lapse at the end of this fiscal year but continue until the earlier of the expiration of the
grant or the City’s expenditure of all funds received from such grant.
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Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: April Silva
Exhibit: None
Page 234
Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 132, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Power Trail and Harmony Grade
Separated Crossing Project and Related Art in Public Places .
The purpose of this item is to appropriate Transportation Capital Expansion Fee (TCEF) funds
to the Power Trail and Harmony Grade Separated Crossing project (Project). The funds will be
used for construction services. If approved, this item will: 1) appropriate $1,500,000 in TCEF
funds to the Project; and 2) appropriate $15,000 (1%) of the TCEF funds to the Art in Public
Places (APP) program.
Page 235
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 132, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Power Trail and Harmony Grade Separated Crossing Project
and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate Transportation Capital Expansion Fee (TCEF) funds to the Power
Trail and Harmony Grade Separated Crossing project (Project). The funds will be used for construction
services. If approved, this item will: 1) appropriate $1,500,000 in TCEF funds to the Project; and 2)
appropriate $15,000 (1%) of the TCEF funds to the Art in Public Places (APP) program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Project will design and construct an underpass for the Power Trail where it intersects with Harmony
Road. A separate project will construct trail connections north and south of Harmony Road, utilizing local
funding, to connect the underpass to the existing ends of the Power Trail.
The current route for the Power Trail directs bicycles and pedestrians to use the City roadway network
north and south of Harmony Road, and cross Harmony Road at-grade at McMurry Avenue. Several
residential neighborhoods are south of Harmony Road near the Project location, and several destinations
are north of Harmony Road including multiple schools, businesses, a park, and a golf course. The existing
at-grade crossing has been the scene of at least eight crashes involving bicycles and pedestrians between
2020 and 2024. Three of these crashes involved serious injuries and one involved a fatal injury. The Project
will complete the gap in the Power Trail at Harmony Road by providing a low stress connection and
encouraging greater trail usage. Overall risk will be reduced at the at-grade crossing, by reducing the
number of pedestrian and bicycle crossings at McMurray Avenue. This will reduce vehicle waiting times
and air pollution from idling vehicles. The low stress connection is expected to accelerate the mode shift
from motor vehicles to active modes.
The Project and various trail connections will complete the Power Trail from the Poudre River Corridor to
the Big Thompson Corridor. The City is also working on design and construction of multiple projects to
connect the Power Trail to local trail networks and residential communities in southeast Fort Collins. The
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
Siphon Pedestrian Overpass crossing the Union Pacific Railroad tracks south of Harmony Road will
connect the Mail Creek Trail to the Power Trail. Mail Creek Trail connects Bacon Elementary, the school
side park currently under construction, and several existing communities via an underpass of Timberline
Road to the City’s overall trail network, via the Power Trail. Additionally, several residential developments
near the Power Trail are in design and construction, adding to future trail demand and potential diversion
of vehicle trips. Finally, the Power Trail is regionally significant and identified in the North Front Range
Metropolitan Planning Organization (NFRMPO) Regional Active Transportation Plan (RATP) adopted in
July 2021. The Power Trail is part of the Front Range Trail (West), also known as Regional Active
Transportation Corridor (RATC) No.7. The 2025 RATP is currently under development and RATC No.7
remains in the updated plan.
Staff began reviewing alternatives for a grade separated crossing in 2019. There are significant challenges
for both an underpass (ground water and large utility vaults) as well as an overpass (long ramp distances
and overhead power lines) at this crossing location. By 2022, after a rigorous evaluation of alternatives, an
underpass perpendicular to Harmony Road with ramps running parallel to the roadway was a clear choice.
This option allowed for a trail experience that was like many locations on the City’s trail network. This
configuration also allowed for large utility vaults to remain in place without relocation costs. While overpass
options were evaluated, cost, maintenance, long ramps, and viewshed interruption were other reasons an
underpass was chosen. Primary design began in 2023. Minimal easement or right -of-way acquisition was
needed for the underpass option. Several trail easement acquisitions were needed for the trail connections
north and south of the underpass. These acquisitions are complete. The underpass was designed in
conjunction with the trail sections. To simplify property acquisition and allow the underpass to move forward
while acquisition was underway, a construction package for the Project was compiled and advertised in
May 2025.
Five bids were received in response to the invitation to bid. During the City’s evaluation of the apparent low
bid, staff in good faith deviated from established procedures. After consultation with the Federal Highway
Administration (FHWA) and Colorado Department of Transportation (CDOT), staff determined the misstep
invalidated the bid process necessitating the bid to be cancelled. The City will be posting a new invitation
to bid for the Project soon. The bid for the trail construction package will be advertised later this year or
early in 2026.
The probable cost for the Project construction was $10,100,000. All but one of the initial bids received was
above the estimated construction cost. To facilitate moving Project construction forward without delay,
considering the need to process a second invitation to bid, staff is requesting to include an additional
$1,500,000 in TCEF funds in the Project. If there are excess funds, they can be used toward construction
of the trail connections north and south of the Project.
Grants make up a significant portion of the funding for the Project. The City was awarded $800,000 in
Transportation Alternatives Program (TAP) funds in 2016. Congestion Mitigation and Air Quality
Improvement Program funds were awarded to the Project in 2022 ($2,700,000) and 2023 ($3,239,300).
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, and construction
for the Power Trail and Harmony Grade Separated Crossing project.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
The total fund amount projected for this Project is $13,101,938 composed of funds appropriated or
transferred with prior actions and with this action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Project has been presented to the committees, boards, and commissions listed below.
Bicycle Advisory Committee/Active Modes Advisory Board: 09/15/2022, 10/26/2020, 12/11/2019, and
11/26/2018.
Commission on Disabilities/Disability Advisory Board: 01/10/2019
Transportation Board: 08/16/2023 (part of the Transportation Capital Projects Prioritization Study),
12/18/2019, and 11/21/2018
Parks and Recreation Advisory Board: 12/05/2018
The Project has come before Council for previous appropriations in March/April 2024 and February 2025.
PUBLIC OUTREACH
Staff developed a Public Engagement Plan for the Project. Staff presented and discussed Project drawings
and renderings at several public outreach events including Kinard Middle School FC Moves Outreach Event
in Fall 2019; the 2023, 2024, and 2025 Transportation Project Fairs; and the Kruse Elementary School
Bike to School Day Open House in May 2024. A City web page is regularly updated with Project information
and upcoming milestones.
Transportation Capital Expansion Fee (TCEF)1,072,491$
Transportation Services Fund (TSF)880$
Art in Public Places (APP)(10,733)$
Transportation Alternatives Program (TAP)800,000$
Congestion Mitigation and Air Quality Improvement Program
(CMAQ)5,939,300$
Community Capital Improvement Program - Bike/Pedestrian
Grade Separated Crossing (CCIP-GSC)1,200,000$
Community Capital Improvement Program - Pedestrian
Sidewalk (CCIP-PS)1,000,000$
Conservation Trust Fund (CTF)1,600,000$
Total Prior Appropriation 11,601,938$
Transportation Capital Expansion Fee (TCEF)1,514,700$
Transportation Services Fund (TSF)300$
Net Total Project Funds to be Appropriated 1,515,000$
Proposed Transfer to Art in Public Places 15,000$
Total Capital Project Funds 13,101,938$
Funds to be Appropriated
Prior Appropriated or Transferred Funds
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
ATTACHMENTS
1. Vicinity Map
2. Renderings
3. Ordinance No. 132, 2025
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Item 15.
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ORDINANCE NO. 132, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE POWER TRAIL
AND HARMONY GRADE SEPARATED CROSSING PROJECT
AND RELATED ART IN PUBLIC PLACES
A. The Power Trail and Harmony Grade Separated Crossing project (“Project”)
is a significant initiative by the City to enhance the safety and convenience of bike and
pedestrian traffic in the area. The Project and various trial connections will complete the
Power Trail from the Poudre River Corridor to the Big Thompson Corridor. The City is
also working on design and construction of multiple projects to connect the Power Trail
to local trail networks and existing and developing residential communities in southeast
Fort Collins.
B. Staff began reviewing alternatives for a grade separated crossing in 2019,
and primary design began in 2023. Grants make up a significant portion of the funding for
the Project. The City was awarded $800,000 in Transportation Alternatives Program
funds in 2016. Congestion Mitigation and Air Quality Improvement Program funds were
awarded to the Project in 2022 ($2,700,000) and 2023 ($3,239,300). Previous
appropriation Ordinances for the Project also include Ordinance No. 041, 2024 and
Ordinance No. 012, 2025. This Ordinance provides an additional $1,500,000 in
Transportation Capital Expansion Fee (“TCEF”) funds for the construction of and funding
for a pedestrian and bicycle underpass to further extend the Power Trail where it
intersects East Harmony Road.
C. The current route for the Power Trail directs bicycles and pedestrians to use
the City roadway network north and south of Harmony Road, and cross Harmony Road,
at-grade, at McMurry Avenue. Several residential neighborhoods are south of Harm ony
Road near the Trail, and several destinations are north of Harmony Road including
multiple schools, businesses, a park, and a golf course. The existing at -grade crossing
has been the scene of at least eight crashes involving bicycles and pedestrians be tween
2020 and 2024. Three of these crashes involved serious injuries and one involved a fatal
injury.
D. The Project will complete the gap in the Power Trail at Harmony Road by
providing a low stress connection and encouraging greater trail usage. Overall risk will be
reduced at the at-grade crossing, by reducing the number of pedestrian and bicycle
crossings at McMurray Avenue. This will reduce vehicle waiting times and air pollution
from idling vehicles. The low stress connection is expected to accelerate the mode shift
from motor vehicles to active modes.
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E. Primary design for the current route began in 2023. Minimal easement or
right-of-way acquisition was needed for the underpass, and several trail easement
acquisitions were needed for the trail connections north and south of the underpass.
These acquisitions are complete. The underpass was designed in conjunction with the
trail sections.
F. To simplify property acquisition and allow the underpass to move forward
while acquisition was underway, a construction package for the Project was compiled and
advertised in May 2025. Five bids were received in response to the invitation to bid, but
during the City’s evaluation of the apparent low bid , staff in good faith deviated from
established procedures. After consultation with the Federal Highway Administration and
Colorado Department of Transportation, staff determined the misstep invalidated the bid
process necessitating the bid to be cancelled. The City will be posting a new invitation to
bid for the Project soon. The bid for the trail construction package will be advertised later
this year or early in 2026. To facilitate moving Project construction forward without delay,
considering the need to process a second invitation to bid, staff is requesting to include
an additional $1,500,000 in TCEF funds in the Project.
G. The appropriations for this Project benefit public health, safety, and welfare
of the residents and traveling public of Fort Collins and serve the public purpose of
promoting safer travel across multiple modalities and improving the transportation
infrastructure within the City.
H. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
I. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Transportation Capital Expansion Fee fund and the Transportation Services
fund, as applicable, and that these appropriations will not cause the total amount
appropriated in Transportation Capital Expansion Fee fund and the Transportation
Services fund, as applicable, to exceed the current estimate of actual and anticipated
revenues and all other funds to be received in these funds during this fiscal year
J. 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”).
K. The total Project cost of $1,500,000 has been used to calculate the
contribution to the APP program.
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L. The amount to be contributed in this Ordinance to the APP program will be
$15,000.
M. 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.
N. The City Manager has recommended the transfer of $15,000 from the
Capital Projects fund to the Cultural Services and Facilities fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
O. Article V, Section 11 of the City Charter authorizes the City Coun cil to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project .
P. The City Council wishes to designate the appropriation herein for the Power
Trail and Harmony Grade Separated Crossing as an appropriation that shall not lapse
until the completion of the Project.
In light of the foregoing recitals, which the Council hereby mak es and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee fund the sum of ONE MILLION FIVE HUNDRED
FOURTEEN THOUSAND SEVEN HUNDRED DOLLARS ($1,514,700) to be expended
in the Transportation Capital Expansion Fee fund for transfer to the Capital Projects fund
to be expended therein for the Power Trail and Harmony Grade Separated Crossing
Project.
Section 2. There is hereby appropriated from prior year reserves in the
Transportation Services fund the sum of THREE HUNDRED DOLLARS ($300) to be
expended in the Transportation Services fund for Transfer to the Capital Projects fund to
be expended therein for the Power Trail and Harmony Grade Separated Crossing Project.
Section 3. The unexpended and unencumbered appropriated amount of
ELEVEN THOUSAND SEVEN HUNDRED DOLLARS ($11,700) 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.
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Section 4. The unexpended and unencumbered appropriated amount of
THREE THOUSAND DOLLARS: ($3,000) in the Capital Projects fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein for the operation costs of the APP program.
Section 5. The unexpended and unencumbered appropriated amount of
THREE HUNDRED DOLLARS: ($300) in the Capital Projects fund is hereby authorized
for transfer to the Cultural Services and Facilities fund and appropriated and expended
therein for the maintenance costs of the APP program.
Section 6. The appropriation herein for the Power Trail and Harmony Grade
Separated Crossing Project is hereby designated, as authorized in Article V, Section 11
of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year
but continue until the completion of the Project.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Heather N. Jarvis
Exhibit: None
Page 256
Item 15.
File Attachments for Item:
16. First Reading of Ordinance No. 133, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves for the Epic Pool Ice Center Chiller Replacement and
Rink Renovation Project and Related Art in Public Places.
The purpose of this item is to appropriate $2,000,000 from 2050 Parks & Recreation tax
reserves and $1,000,000 from the Recreation Fund reserves to replace the EPIC Ice Chiller
system and modernize key rink infrastructure, including dasher boards, tempered safety glass,
protective netting, painting and rink flooring.
Page 257
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
Brian Hergott, Assistant Operations Director
Victoria Shaw, Sr. Manager Finance
SUBJECT
First Reading of Ordinance No. 133, 2025, Making Supplemental Appropriations and Appropriating
Prior Year Reserves for the Epic Pool Ice Center Chiller Replacement and Rink Renovation Project
and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $2,000,000 from 2050 Parks & Recreation tax reserves and
$1,000,000 from the Recreation Fund reserves to replace the EPIC Ice Chiller system and modernize key
rink infrastructure, including dasher boards, tempered safety glass, protective netting, painting and rink
flooring.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
*Edora Pool Ice Center (EPIC) has served has served as a cornerstone of the City of Fort Collins’ recreation
system for over 35 years, standing as the region’s premier indoor aquatics and ice sports facility. Built in
1987 and expanded in 2003, EPIC supports a wide range of recreational, competitive and community
programming, from learn-to-swim and learn-to-skate classes to figure skating, youth and adult hockey
leagues, public skate sessions, and regional swim meets. It is not only a vital contributor to community
health and wellness, but also a critical hub for inclusive and multigenerational recreation.
CITY FINANCIAL IMPACTS
Appropriating these funds will allow this project to move forward with current cost estimates, prevent delays,
and potential further cost escalation.
Staff recommends funding the chiller system replacement and rink renovations with the following funding.
Three million dollars in available, unappropriated funds is needed to complete this project.
The Ice Chiller Replacement design was approved in the 2025 BFO offer 76.2.
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Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
o Per the offer, staff communicated after completion of design in 2025, future funding would
need to be identified for the replacement in 2026 or 2027. With these recommended
appropriations, the Epic chiller project will commence in May of 2026 as the chiller system
and other items are procured.
Funding from BFO offer 54.12 “Parks and Recreation Infrastructure Replacement Projects” has
available funding and this project is eligible.
The following 2050 P&R projects in the work plan are still on schedule and fully funded in the coming
budget cycles. They are in different stages of design and public outreach and will not utilize the
current appropriation.
o Soft Gold, Landings, Rolland Moore Tennis and Playground, Southeast Community Center
The $3M additional dollars will be funded by:
1) 2050 Tax Parks Rec dedicated tax: $2M; and
2) Recreation departmental fund reserves: $1M.
Available 2050 P&R Reserves as of
December 31, 2024 Funding for Project
Remaining Available Reserve
Balance
$5.6M $2M $3.6M
Available Recreation Fund Reserves as
of December 31, 2024 Funding for Project
Remaining Available Reserve
Balance
$1.8M $1.0M $0.8M
With the modernization and upgrade of the Chiller system, the City will see annual general fund savings of
approximately $100,000. Utility costs are expected to decrease $50,000 per year with the addition of the
water heat recovery system. Not only does this align with the City’s Climate Future and reducing the carbon
footprint of municipal operations, it reduces the general fund dollars that support EPIC Ice. The water heat
recovery system will cost $425,000 and see a ROI of 7.5 years in energy savings. The efficiency and
modernization is also estimated to save approximately $50,000 per year in maintenance costs. Finally, the
new system will have a projected reduction of GHG emissions of 360 metric tons of CO2 per year.
Ice Chiller System – Total projected cost: $4,944,533
General Contractor costs with Base Chiller System: $3,397,776
1. Alternate 01 – Waste Heat Recovery System - $425,000
a. $50,000 per year energy bill savings
b. 7.5-year return on investment
c. GHG emissions of 360 metric tons of CO2 per year
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
2. Alternate 02 – Temporary Cooling - $180,000
a. Ice will be offline for two months (May and June)
b. Ice would be brought back online in July and run off a temporary chiller July to November.
c. This alternate extends the construction timeline from an October 1 end date to November
1 end date, however the ice will be available beginning in July for full use.
d. Ops Services will be hiring a separate contractor to regrade the sand, bring the ice online,
and paint the ice. This will be done concurrently with the Chiller improvements and not
require any additional downtime.
e. Other planned projects will be completed in addition to the chiller system including lights.
The cost margin to keep the ice operational with the temporary chillers is net positive as shown in the chart
below.
Total to modernize key rink infrastructure: ~$1M
1. Dasher Board System (both rinks):
Base Bid: $498,900
Add Alternate – Acrylic Shielding (Both Rinks): +$55,000 ($27,500 per rink)
Deduct Alternate – Trade-In Credit for Existing Boards (Both Rinks): –$15,000 ($7,500 per rink)
Total Potential Range: $483,900 – $553,900
2. Rubber Flooring Replacement Options (supply, demo, install):
Option 1 – Mondo 6mm Rolls: $307,952
Option 2 – Mondo 10mm Rolls: $376,417.80
Option 3 – Nora Grano Tiles (includes moisture mitigation): $348,178.25
Total Potential Range: $307,952 – $376,417.80
EPIC Ice
(Whole $)
'21 -'24 Avg Revenue 495,494
'21 - '24 Avg Expense (Direct COGS)183,934
'21 - '24 Avg Contribution Margin 311,559
'26 Temporary Cooling Expense 180,000
'26 Est Contribution Margin 131,559
Jul - Nov
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Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
3. Combined Project Range (Boards + Flooring):
Low End (Standard Boards + Mondo 6mm): $791,852
High End (Acrylic Boards + Mondo 10mm): $930,317.80
EPIC Chiller Replacement and Rink Renovation Project Projected Cost: ~$6M
Any leftover funding from the project will roll back into the P&R 2050 reserves.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
This project was discussed at the July Parks and Recreation Advisory Board. The board voted 6-0 in favor
of funding this project with 2050 and Recreation reserves.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 133, 2025
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Item 16.
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ORDINANCE NO. 133, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND
APPROPRIATING PRIOR YEAR RESERVES FOR THE EDORA
POOL ICE CENTER CHILLER REPLACEMENT AND RINK
RENOVATION PROJECT AND RELATED ART IN PUBLIC
PLACES
A. Edora Pool Ice Center (“EPIC”) was built in 1987 and expanded in 2003.
EPIC supports a wide range of recreational, competitive and community programming,
from learn-to-swim and learn-to-skate classes to figure skating, youth and adult hockey
leagues, public skate sessions, and regional swim meets.
B. The facility’s original ice chiller system has reached the end of its
operational life. A failure of this system would lead to extended facility closures, significant
revenue losses and widespread disruption to s ervices being relied on by thousands of
EPIC users each year.
C. In tandem with replacing the ice chiller system, staff have identified other
ways to modernize key rink infrastructure, including by upgrading dasher boards,
tempered safety glass, protective netting, painting and rink flooring (together, the
“Project”).
D. The Project represents a rare and strategic opportunity to extend the life of
a beloved public asset, ensure the facility meets current and future demands and
reinforce Fort Collins’ commitment to maintaining resilient, inclusive and high-quality
infrastructure. The Project directly supports City Council priorities related to infrastructure
investment, sustainability, economic health and community livability.
E. The 2050 Tax Parks Rec Transit OCF Fund dedicated tax (“2050 Fund”)
has already appropriated $3,000,000 for the Project. This Ordinance would appropriate
the remaining balance of $3,000,000 from various funds, as outlined below.
F. The Parks and Recreation Advisory Board met in July of this year and voted
unanimously to support this Project.
G. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose by aligning with the City's goals to
reduce the carbon footprint of municipal operations, invest in aging infrastructure before
failure occurs, and ensure that all EPIC users have access to safe, inclusive and
welcoming recreation spaces.
H. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
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Item 16.
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be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
I. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Recreation Fund reserves and the 2050 Fund.
J. The recommended appropriations will not cause the total amounts
appropriated in the 2050 Fund or the Recreation Fund reserves to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in th ese
funds during this fiscal year.
K. 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”).
L. The total Project cost of $3,000,000 has been used to calculate the
contribution to the APP Program.
M. The amount to be contributed in this Ordinance to the APP Program will be
$30,000
N. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
O. The City Council wishes to designate the appropriations herein for the EPIC
Chiller Replacement and Rink Renovation Project as appropriations that shall not lapse
until the completion of the Project.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the 2050
Tax Parks Rec Transit OCF Fund – (Parks and Rec) the sum of TWO MILLION DOLLARS
($2,000,000) to be expended in the 2050 Tax Parks Rec Transit OCF Fund for EPIC
Chiller Replacement and Rink Renovation Project.
Section 2. There is hereby appropriated from prior year reserves in the
Recreation Fund the sum of ONE MILLION DOLLARS ($1,000,000) to be expended in
the Recreation Fund for EPIC Chiller Replacement and Rink Renovation Project.
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Item 16.
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Section 3. The unexpended and unencumbered appropriated amount of
FIFTEEN THOUSAND SIX HUNDRED DOLLARS ($15,600) in the 2050 Tax Parks Rec
Transit OCF and SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($7,800) in the
Recreation Fund are 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 4. The unexpended and unencumbered appropriated amount of FOUR
THOUSAND DOLLARS ($4,000) in the 2050 Tax Parks Rec Transit OCF Fund and TWO
THOUSAND DOLLARS ($2,000) in the Recreation Fund are hereby authorized for
transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the operation costs of the APP Program.
Section 5. The unexpended and unencumbered appropriated amount of FOUR
HUNDRED DOLLARS ($400) in the 2050 Tax Parks Rec Transit OCF Fund and TWO
HUNDRED DOLLARS ($200) in the Recreation Fund is hereby authorized for transfer to
the Cultural Services and Facilities Fund and appropriated and expended therein for the
maintenance costs of the APP Program.
Section 6. The appropriation herein for EPIC Chiller Replacement and Rink
Renovation Project is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the completion of the Project.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Sara Arfmann
Exhibit: None
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Item 16.
File Attachments for Item:
17. First Reading of Ordinance No. 134, 2025, Authorizing the City of Fort Collins to
Lease Real Property Adjacent to the Overland Electric Substation to Platte River Power
Authority for a Battery Storage Project.
The purpose of this item is to approve a lease agreement between the City and Platte River
Power Authority (PRPA) to lease 27,351 square feet of real property at 401 South Overland
Trail within the existing site parcel. The agreement, which will require only a nominal annual
rental payment by Platte River, allows the parties to evaluate the feasibility of the project and,
pending successful analysis, proceed with the installation and operation of a 5MW/20MWh
utility-side system connected to Light & Power’s distribution system. Platte River and Light &
Power are collaborating on this project as part of their commitment to a non-carbon future and a
reliable electric grid, with energy storage playing a crucial role in achieving those goals.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Ralph Campano, Real Estate Manager
Travis Walker, Light & Power Director
SUBJECT
First Reading of Ordinance No. 134, 2025, Authorizing the City of Fort Collins to Lease Real
Property Adjacent to the Overland Electric Substation to Platte River Power Authority for a Battery
Storage Project.
EXECUTIVE SUMMARY
The purpose of this item is to approve a lease agreement between the City and Platte River Power Authority
(PRPA) to lease 27,351 square feet of real property at 401 South Overland Trail within the existing site
parcel. The agreement, which will require only a nominal annual rental payment by Platte River, allo ws
the parties to evaluate the feasibility of the project and, pending successful analysis, proceed with the
installation and operation of a 5MW/20MWh utility-side system connected to Light & Power’s distribution
system. Platte River and Light & Power are collaborating on this project as part of their commitment to a
non-carbon future and a reliable electric grid, with energy storage playing a crucial role in achieving those
goals.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
PRPA, the City-owned wholesale power generation and transmission provider, is investing in utility-scale
battery storage in each of its four owner communities as part of its commitment to improving reliability and
maximizing renewable energy generation.
The City has identified a tract of land within the City-owned parcel where the Overland Substation site is
located at 401 S. Overland Trail, 80521. This is an ideal site for placing the battery equipment and
integrating it with the existing electric utility infrastructure.
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Overland Substation Site – 401 S. Overland Trail
Because PRPA is a non-taxable public entity, it cannot directly benefit from federal tax incentives. To
address this, PRPA will sublease the land to Encore Redevelopment who will leverage these incentives.
This proposal:
Enhances local energy resilience and grid reliability.
Supports the City’s Strategic Plan Goal: Economic Health (ECON 2) Deliver City utility services in
response to climate action objectives and opportunities and targeted reliability and resiliency levels and
make significant investments in utility infrastructure while communicating and mitigating cost impacts
to the community where possible.
Supports the City’s Strategic Plan Goal: Environmental Health (ENV 1) Implement the Climate Future
Plan to advance the City’s greenhouse gas, energy and waste goals; reduce air pollution; and improve
community resilience.
Leverages grants and private sector investment to fund storage project infrastructure.
Utilizes City property for a beneficial public utility purpose.
Development of the site will require the elevation to be built up approximately 3 to 4 feet to match the
existing substation elevation.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
While the battery system will be owned and maintained by a private entity, the project has direct and long-
term benefit to our system reliability and a future PRPA virtual power plant.
CITY FINANCIAL IMPACTS
The cost to construct and operate the battery system will be under PRPA’s budget. Other than staff time
and other administrative expenses, there is no cost to the City associated with conveyance of the Lease.
City staff recommend that the Lease should be conveyed to Platte River for no monetary consideration
because such transactions serve a bona fide public purpose.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The duties of the Energy Board include the duty to advise Council and staff regarding the recommendations
for improvements to City Energy Systems. The Energy Board is not required to vote on this lease proposal.
Platte River presented this plan to the Energy Board during the spring of 2025, and the Energy Board is
supportive of the project.
Because the facility would be owned/operated by a public entity, it is eligible for a Site Plan Advisory Review
(SPAR) under Article 6 of the Land Use Code. This process allows the Planning & Zoning Commission to
conduct an advisory review rather than a full entitlement process, provided the proposal is consistent with
the Comprehensive Plan and zoning. Even under SPAR, PRPA would need to submit a site development
plan detailing the location, character, and extent of improvements. This includes site layout, access, utility
connections, lighting, noise, and screening measures.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No.134, 2025
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Item 17.
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ORDINANCE NO. 134, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY OF FORT COLLINS TO LEASE REAL
PROPERTY ADJACENT TO THE OVERLAND ELECTRIC
SUBSTATION TO PLATTE RIVER POWER AUTHORITY FOR A
BATTERY STORAGE PROJECT
A. Platte River Power Authority (“PRPA”) is an electric generation and
transmission utility formed under Colorado law to supply the wholesale electric power and
energy requirements of its four owner communities including the City of Fort Collins
(“City”), the City of Longmont, the City of Loveland and the Town of Estes Park, Colorado.
B. PRPA desires to enter into a Site Lease Agreement (“Lease”) regarding
27,351 square feet of real property at the Overland Substation site located at 401 South
Overland Trail in Fort Collins from the City for the purpose of designing, developing,
constructing, owning, operating, and maintaining a battery energy storage facility at the
premises. This site is ideal for placing the battery equipment and integrating it with the
existing electric utility infrastructure.
C. The Lease, which will require only a nominal annual rental payment by
PRPA, allows PRPA to evaluate the feasibility of the project and, pending successful
analysis, proceed with the installation and operation of a 5MW/20MWh utility-side system
connected to the City’s Light and Power distribution system. PRPA and the City’s Light
and Power utility are collaborating on this project as part of their commitment to a non-
carbon future and a reliable electric grid and energy storage plays a crucial role in
achieving those goals.
D. City Code Section 23-113(b) permits the City Council to “lease any and all
interests in real property owned in the name of the City if the City Council first finds that
the lease is in the best interests of the City. Such leases may be approved by the City
Council by resolution unless the proposed term of the lease exceeds twenty (20) years,
in which event the lease must be approved by the City Council by ordinance.”
E. City Code Section 23-114 requires that “any sale, lease or other
conveyance of property interests approved under 23 -111(a) or (b) or § 23-113 above must
be for an amount equal to or greater than the fair market value of such interest unless the
City Council or City Manager, as applicable determines that such sale or lease serves a
bona fide public purpose…”
F. City Code Section 23-114 establishes that: “a bona fide public purpose is
established if the lease of real property for less than fair market value “(1) the use to which
the property will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins; (2) the use to which the property will be
put supports one (1) or more of the City Council’s goals, adopted policies, project or plans;
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Item 17.
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(3) the financial support provided by the City through the below-market disposition of the
property will be leveraged with other funding or assistance; (4) the sale or lease will not
result in any direct financial benefit to any private person or entity, expect to the extent
such benefit is only an incidental consequence and is not substantial relative to the public
purpose being served; and (5) selling or leasing the property for less than fair market rent
will not interference with the current City projects, hinder workload schedules or divert
resources needed for primary City functions or responsibilities.”
G. This lease serves a bona fide public purpose because it promotes the public
health, safety, and welfare of the residents of Fort Collins by providing for the storage of
battery power to improve reliability and maximize renewable energy generation .
H. PRPA’s use of the property at the Overland Substation site to store the
battery also serves a bona fide public purpose because it supports the City Council’s
renewable energy goals and will benefit electric service reliability for the Fort Collins
community.
I. In addition, the financial support provided by the City through this below-
market lease serves a bona fide public purpose because it leverages grants and private
sector investment to fund storage project infrastructure.
J. Further, this lease serves a bona fide public purpose because the lease will
not result in any direct financial benefit to the PRPA except to the extent that the financial
benefit of leasing the property for less than fair market value is incidental and is not
substantial relative to the public purpose of increasing reliability and resiliency while
mitigating cost impacts to the community by using battery to store energy for future use
by PRPA’s customers, which includes residents of the City of Fort Collins.
K. In addition, this site would not be useful or practical for much else than
substation and power distribution related infrastructure expansion such as this Project.
The site is not developable because of its proximity to the existing substation on the south
and an irrigation canal on the north side.
L. The lease of the property by PRPA for less than fair market value also
serves a bona fide public purpose because this lease will not interfere with current City
projects, hinder workload schedules or divert resources needed for prima ry City functions
or responsibilities and will further the City’s economic health and environmental health
goals.
M. City Code Section 23-111(b) requires that “With respect to real property
which is a part of the City's water or utility systems, the City Council must also find that
the disposition will not materially impair the viability of the particular utility system as a
whole and that it will be for the benefit of the citizens of the City.” Here , lease of the
property will not impair the viability of electric utility and it will actually benefit the citizens
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Item 17.
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of the City by helping to ensure the reliability and resiliency of services provided by
PRPA.
N. City Code Section 23-113(c) provides that “a lease approved by the City
Council…” is “presumed to include the right of the tenant to sublease all or a portion of
the leased property for a definite term of five (5) years or less with the written consent,
and in the sole discretion, of the City Manager or the City Manager’s designee, unless the
terms of such lease further restrict, condition or prohibit subleasing.” The lease
agreement with PRPA includes a sublease.
O. City Code Section 23-111(e) establishes that “The Mayor is authorized to
execute all leases, deeds and other instruments of conveyance. The City Council may
also authorize the City Manager to execute such instruments of conveyance.” The lease
will be signed by the Mayor and will meet the requirements of City Code Section 23-112.
P. The City’s Energy Board, which advises the City Council on policy matters
pertaining to the municipal electric system, reviewed this lease proposal during its March
13, 2025, meeting and expressed its support for this project.
Q. Because PRPA, which is a public entity, will own and operate the facility,
the facility will be eligible for Site Plan Advisory Review (SPAR) under Article 6 of the
Land Use Code. This process will allow the Planning and Zoning Commission to conduct
an advisory review after PRPA submits a site development plan detailing the location,
character, and extent of the improvements under the lease.
In light of the foregoing recitals, which the Council hereby mak es 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 the Site Lease Agreement to Platte River
Power Authority is in the best interests of the City.
Section 2. The City Council find that the Site Lease Agreement to Platte River
Power Authority will not materially impair the viability of the electric utility system as a
whole and that it will be for the benefit of the citizens of the City.
Section 3. The City Council approves the Site Lease Agreement to Platte River
Power Authority for up to thirty (30) years and authorizes the sublease as described in
the sublease agreement.
Section 4. The City Council approves the Site Lease Agreement for a nominal
amount and finds that the lease will serve a bona fide public purpose .
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Section 5. The City Council authorizes the Mayor to sign the Site Lease
Agreement, on behalf of the City, substantially in a form attached as Exhibit A that is now
before the City Council, and approved by the City Attorney, for the premises, to the tenant,
as well as any additional documents required to be signed in the course of leasing or
subleasing the premises.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Yvette Lewis-Molock
Exhibit: Exhibit A - Site Lease Agreement
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Item 17.
EXHIBIT A TO ORDINANCE NO. 134, 2025
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SITE LEASE AGREEMENT
This Site Lease Agreement (“Lease Agreement”) dated as of _________, 2025
(“Effective Date”) is made by and between Platte River Power Authority, a political subdivision
of the State of Colorado (“Primary Tenant”) with an address of 2000 E. Horsetooth Road, Fort
Collins, CO 80525, and City of Fort Collins, a Colorado municipal corporation, with an address
of 300 LaPorte Avenue, Fort Collins, Colorado (Landlord”). Each of Primary Tenant and
Landlord are sometimes referred to individually as a “Party” and together as the “Parties.”
Background
A. Landlord is a municipality and the owner of certain real property described in
Exhibit A (the “Property”).
B. Primary Tenant is an electric generation and transmission utility formed under
Colorado statute to supply the wholesale electric power and energy requirements of its four owner
communities: the City of Fort Collins, the City of Longmont, the City of Loveland and the Town
of Estes Park, Colorado.
C. Primary Tenant wishes to lease a portion of the Property, as more particularly
depicted on Exhibit B (the “Premises”), on the terms and subject to the conditions described herein
for the express purpose of subleasing the Premises to Authorized Sublessee (described below) for
the purpose of designing, developing, constructing, owning, operating, and maintaining a battery
energy storage facility at the Premises (the “Project”).
D. Landlord is willing to lease the Premises to Primary Tenant for the Project on the
terms and subject to the conditions described herein.
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained
herein, the sufficiency of which is acknowledged by both Parties, the Parties agree:
1. Lease. Landlord hereby leases the Premises to Primary Tenant, and Primary Tenant
hereby leases the Premises from Landlord, under the terms and conditions of this Lease
Agreement.
2. Permitted Use. Primary Tenant may use the Premises for the Project and, more
specifically, in accordance with Section 3 below, may sublease the Premises to an Authorized
Sublessee to construct, install, operate, maintain, improve, repair, and replace the Project for
purposes of charging, storing, and discharging electricity. Primary Tenant is permitted to license
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Item 17.
EXHIBIT A TO ORDINANCE NO. 134, 2025
- 2 -
subcontractors or agents to perform its obligations or exercise its rights under this Lease
Agreement. Primary Tenant may not use the Premises for any purpose other than the Project.
3. Authorized Sublessee. Primary Tenant may sublease this Lease Agreement to
Longmont Energy Storage LLC (the “Authorized Sublessee”), under the terms and conditions of
the Site Sublease Agreement, attached as Exhibit C (the “Sublease”). In the event of such sublease
to Authorized Sublessee, Sublessee shall have the rights, easements, and benefits assigned to
Authorized Sublessee by Primary Tenant as set forth in the Sublease.
4. Access to the Premises. Landlord agrees to allow Primary Tenant access over and across
the Property to construct, install, operate, maintain, improve, repair and replace the Project on the
Premises and to otherwise access the Premises for the purposes described herein. Landlord will
provide Primary Tenant with adequate space on the Property during the construction of the Project
for the construction of the Project, including reasonable staging and laydown areas. Primary
Tenant must comply (and in its Site Sublease Agreement with Authorized Sublessee, must require
Authorized Sublessee to comply) with all laws, rules and regulations regarding use of the Property
and the Premises in connection with the construction and operation of the Project, including any
reasonable access protocols developed by Landlord governing access and entry into substations.
For the duration of this Lease, Landlord further hereby grants to Primary Tenant, and will execute
such additional instruments as may be necessary or appropriate to fully vest in Primary Tenant,
the following easements and related rights:
(a) An easement over the Property for ingress and egress for the purpose of
siting, development, enhancement, relocation, installation, construction, operation, inspection,
maintenance, replacement, repair, improvements and removal of the Project, including the right to
construct such access roads as may be necessary or appropriate for such purposes.
(b) An easement over the Property to allow the Project to interconnect to the
electrical grid.
(c) A landscaping easement on the Property for purposes of implementing such
landscaping and screening requirements as may be required under the Project’s applicable permits.
5. Construction of the Project. The installation and construction of the Project must be
performed in a good and workmanlike manner and in compliance with all applicable agreements.
6. Interconnection. Primary Tenant, Authorized Sublessee, and Landlord will separately
document any applicable interconnection agreements for the Project. Landlord will cooperate with
Primary Tenant, the Authorized Sublessee if applicable, and any applicable utility and municipal
and regulatory authorities in Primary Tenant’s (or Authorized Sublessee’s) pursuit of all permits,
approvals and other authorizations that may be required for the development, construction,
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interconnection and operation of the Project. The date at which the Project is energized and
permitted to operate by the applicable utility will be the date of commissioning (the “Commercial
Operations Date”).
7. Approvals and Permits. Primary Tenant, and if the Sublease is executed, the Authorized
Sublessee, must obtain all necessary approvals and permits required for the installation,
construction and operation of the Project, and pay all permit fees required in connection with its
activities under this Lease Agreement. Landlord will cooperate with Primary Tenant and if
applicable the Authorized Sublessee to obtain all such approvals and permits; provided, however,
that Landlord does not commit to grant any specific municipal permit as part of this Lease
Agreement.
8. Vegetation and Structures. Landlord covenants that it will use its best efforts to not allow
vegetation on the Property to grow in a manner or initiate or conduct any activities that could
adversely affect the Project while this Lease Agreement remains in effect. Without limiting the
foregoing, Landlord may not: (a) construct or permit to be constructed any structure; or (b) plant
or allow to be planted any trees or other vegetation in each case, on the Premises or the Property
that is owned by Landlord, that can reasonably be expected to decrease the output or efficiency of
the Project.
9. Non-Interference by Landlord. Landlord and its representatives may not tamper with or
undertake any maintenance or alterations to the Premises or the Project without the prior written
permission of Primary Tenant, which may be withheld in Primary Tenant’s sole discretion.
Landlord will take reasonable measures so that its activities at the Property do not impede, interrupt
or prevent the charging, storage, and discharging of electricity by the Project or damage o r
otherwise adversely impact the installation, operation and maintenance of the Project or Primary
Tenant’s performance under this Lease Agreement (or, if applicable, Authorized Sublessee’s
performance under the Site Sublease Agreement).
10. Non-Interference by Primary Tenant. Primary Tenant recognizes (and, in its Site
Sublease Agreement with Authorized Sublessee, will require Authorized Sublessee to recognize)
that the Premises is near or within a highly hazardous and tightly controlled electrical substation.
Primary Tenant must cooperate (and in its Site Sublease Agreement with Authorized Sublessee,
must require Authorized Sublessee to cooperate) in all respects with Landlord’s activities near the
Premises, and must immediately follow all directives, policies, or protocols issued by the Landlord
for use of the Property and the Premises to allow the substation and Landlord’s employees, agents,
and contractors to operate safely and efficiently.
11. Taxes. Primary Tenant and Landlord are government entities. Both are therefore exempt
from taxes and no taxes may be lawfully assessed against Primary Tenant or Landlord in
connection with this Lease Agreement. Should any taxing authority seek to assess taxes against
the Project, Authorized Sublessee will be wholly responsible for payment of any taxes.
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12. Term. The initial term of this Lease Agreement begins on the Effective Date and
terminates on the date that is twenty-two (22) years after the Effective Date, unless terminated
earlier in accordance with the terms and conditions of this Lease Agreement (the “Initial Term”).
At the option of Primary Tenant, the Term may be extended by one additional term of five (5)
years (the “Extension Term”). Primary Tenant may exercise the renewal option for an Extension
Term by providing Landlord with a written notice of renewal prior to the expiration of the then -
current Term. The Initial Term together with any properly exercised Extension Term are referred
to collectively herein as the “Term”. In no case shall the Term, in addition to the
Decommissioning period of Section 16, exceed thirty (30) years.
13. Rent. Primary Tenant will pay the Landlord a base annual lease payment in the amount of
$10.00 (“Rent”), provided that, if any of the owner communities of City of Fort Collins, the City
of Longmont, the City of Loveland and the Town of Estes Park, Colorado charge Primary Tenant
a greater amount of Rent in their respective Lease Agreements for this or similar Projects,
Landlord may choose to charge Primary Tenant a Rent no greater than the highest Rent charged
by any other owner community, retroactive to the beginning of this Lease Agreement. Rent shall
be due and payable within 30 days of the Effective Date of this Lease Agreement and every
anniversary of the Effective Date thereafter for the duration of this Lease Agreement; except that
retroactive Rent arising under the preceding sentence shall be due and payable within 30 days of
the effective date of the lease agreement for such other owner communities.
14. Premises Leased. The Premises consists of the lease area described and depicted on
Exhibit B hereto. Before the Commercial Operations Date, Primary Tenant may update or replace
Exhibit B with the approval of Landlord, which approval will not be unreasonably conditioned or
withheld provided that the location and configuration of the Premises is consistent with applicable
law. Following construction of the Project and completion of an as-built survey of the Premises
(the “As-Built Survey"), Primary Tenant and Landlord agree to promptly (within not more than
ten business days after receipt of a final version) amend this Lease and any of the easements
granted by Landlord in connection with the Project as necessary, attaching the As-Built Survey as
the final Exhibit B to this Lease Agreement, setting forth the conclusive and definitive depiction
of the Premises for the remainder of the Term. The Landlord authorizes its City Manager to
execute such clarifying, non-substantive amendments.
15. Ownership of the Project. The Project is the personal property of Authorized Sublessee
or Primary Tenant, as applicable, and does not and will not consist of fixtures, notwithstanding
how the Project is, or may be, affixed to the Premises. Landlord may not permit the Project to
become subject to any lien, security interest or encumbrance of any kind, and Landlord expressly
disclaims and waives any rights it may have in the Project, at law or in equity. Authorized
Sublessee must maintain the Project in a good state of repair and in compliance with this Lease,
the Sublease, and any other agreements regarding the Project to which the Primary Tenant or
Authorized Sublessee are parties. The Primary Tenant or Authorized Sublessee, as applicable, may
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grant a security interest and collateral assignment in the Project for purposes of security to its
lenders or investors in accordance with Attachment 1 attached hereto and incorporated herein by
reference and Landlord shall provide any consent reasonably requested by any such lender or
investor, consenting to such lender’s and/or investor’s security interest in the Project.
16. Decommissioning. Within six months after the expiration or earlier termination of the
Term, Primary Tenant must ensure that Authorized Sublessee, or its successors and assigns, sever,
disconnect, and remove the Project and all other Project-related equipment from the Premises and
restoration of the Premises to as close to original condition as reasonably practicable
(“Decommissioning”). Authorized Sublessee shall have the right to access the Premises during
this sixth-month period for the purposes of Decommissioning.
17. Title. Landlord represents and covenants that Landlord owns the Premises and the
Property in fee simple, free and clear of all liens, encumbrances, and restrictions of every kind and
nature, except for those that currently appear in the recorded chain of title and are reported as
exceptions on the commitment for title insurance. Landlord further represents and warrants that
Landlord (a) has the right and authority to enter into this Lease, (b) has and will maintain good and
marketable title to the Property, free and clear of any encumbrances that could reasonably be
expected to have a material adverse effect on development of the Property for a battery energy
storage facility, (c) will not enter into any lease, option to lease, purchase and sale agreement,
option to purchase, or any other similar agreement at the Premises without the prior written consent
of Primary Tenant, with such consent not to be unreasonably withheld, delayed or conditioned,
during the Term, (d) is not a party to any, and to Landlord’s best knowledge, there are no pending
or threatened, legal, administrative, arbitral or other proceedings, claims, actions or governmental
or regulatory investigations of any kind or nature whatsoever against Landlord (i) challenging the
validity or propriety of this Lease Agreement, or transactions contemplated in this Lease
Agreement or (ii) which could reasonably be expected to have a material adverse effect on the
ownership or operation of the Property.
18. Quiet Enjoyment. Landlord covenants and agrees that Primary Tenant has the right to
hold, occupy and enjoy the Premises for the Term of this Lease free from any claim of any entity
or person of superior title thereto without hinderance to or interference with the Tenant’s use and
enjoyment thereof, provided it remains in compliance with obligations under this Lease
Agreement.
19. Environmental Matters. Primary Tenant is not liable for any past or present
contamination or pollution or breach of environmental laws, if any, relating to the Premises or the
Property, unless attributable to Primary Tenant’s activities, its employees, contractors or agents. If
Primary Tenant encounters or becomes aware of any unknown hazardous material at the Premises,
it must promptly cease any work in progress in an orderly, safe and efficient manner and inform
Landlord of the nature and location of the hazardous material and make any reports required under
applicable law. If the Landlord does not elect to eliminate or contain such Hazardous Materials in
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a commercially reasonable manner in compliance with law to allow Primary Tenant, or if
applicable the Authorized Sublessee, to continue or finalize any work in progress then Primary
Tenant, or Authorized Sublessee as applicable, shall have the right, at its option, to terminate this
Lease Agreement. If Primary Tenant or Authorized Sublessee terminates this Lease Agreement
under this provision, Primary Tenant and Authorized Sublessee will be relieved of all further
liability hereunder except for the Decommissioning obligations provided herein. Should any
contamination be caused by the activities of Primary Tenant, Primary Tenant agrees to assume
responsibility for any liability for response costs for any contamination or pollution or breach of
environmental laws related to the Premises and the Property affected by the contamination, except
that Landlord shall bear is proportionate share to the extent that such contamination is jointly
caused, or exacerbated, by Landlord. Should any contamination be caused by Authorized
Sublessee’s activities, or those of its employees, contractors or agents, Primary Tenant shall hold
Authorized Sublessee responsible for and require it to protect, indemnify and defend the Landlord
and Primary Tenant against any liability for response costs for any contamination or pollution or
breach of environmental laws, except that to the extent caused or exacerbated, by Landlord or
Primary Tenant.
20. Government Approvals. Landlord acknowledges that Primary Tenant’s, and if applicable
the Authorized Sublessee’s, ability to use the Property for the development of a Project is
contingent upon obtaining all government and utility approvals. Landlord will cooperate with
Primary Tenant or if applicable Authorized Sublessee in its effort to obtain such approvals,
provided, however, that Landlord, as a governmental authority, does not commit to approve any
application made to Landlord itself, but those applications will be resolved under their respective
processes. Should Primary Tenant or Authorized Sublessee, as applicable, be unable to obtain all
necessary approvals, or be unable to maintain such approvals due to changes in law, Landlord or
Primary Tenant may terminate this Lease Agreement as outlined further in Section 21 below.
21. Primary Tenant’s Right to Terminate. In addition to the termination provisions
described in Section 25 (Revocation) and subject to Attachment 1, before the Commercial
Operations Date, Primary Tenant may terminate this Lease Agreement by providing prior written
notice to Landlord. On or after the Commercial Operations Date, Primary Tenant may terminate
this Lease Agreement by providing at least six months’ prior written notice to Landlord. In
addition, after the Commercial Operations Date, Primary Tenant may terminate this Lease
Agreement after giving not less than 30 days’ prior written notice to Landlord, if:
(a) Any governmental agency denies a request by Primary Tenant or Authorized
Sublessee, as applicable, for or revokes a permit, license, or approval that is required for Primary
Tenant or Authorized Sublessee, as applicable, to construct or operate the Project and
infrastructure on the Premises;
(b) Primary Tenant determines that technical problems which cannot reasonably be
corrected preclude Primary Tenant or Authorized Sublessee, as applicable, from using the
Premises for its intended purpose;
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(c) Primary Tenant does not have acceptable and legally enforceable means of ingress
and egress to and from the Premises;
(d) Utilities necessary for Primary Tenant’s or if applicable Authorized Sublessee’s use
of the Premises are no longer available to the Premises; or
(e) The Premises or Project are damaged or destroyed to an extent that prohibits or
materially interferes with Primary Tenant’s or if applicable Authorized Sublessee’s use of the
Premises.
If Primary Tenant terminates this Lease under this provision, Primary Tenant will be relieved of
all further liability accruing hereunder on or after the date of termination except Decommissioning,
as provided herein. Should Primary Tenant terminate in accordance with this Section 21, Primary
Tenant must ensure that the Authorized Sublessee Decommissions the Project in accordance with
Section 16 above.
22. Assignment. This Lease Agreement and the rights and obligations of either Party may be
assigned only as described in this Agreement, the Site Sublease Agreement, and Attachment 1 to
this Lease Agreement. Any other assignment without prior written permission of Landlord will be
a breach of this Lease Agreement. In its Master Services Agreement with the Authorized
Sublessee, Primary Tenant shall include a right of first refusal for Primary Tenant to purchase the
Project from the Authorized Sublessee prior to any sale of the Project to a third-party in an arm’s-
length transaction that requires assignment of the Lease. For clarity, Primary Tenant’s right of
first refusal will not apply to any assignment to an affiliate of Authorized Sublessee, to any
financing party (including a Tax-Equity Financing Party), assignment in connection with any
financing transaction (whether in the form of a sale and leaseback or otherwise), or to any
foreclosure as described in Attachment 1.
23. Liability for Injury and Damage. Landlord and Primary Tenant are governmental
entities in the state of Colorado. To the extent permitted by applicable law, Primary Tenant is
responsible for any claims, damages, liability and court awards, including costs, expenses, and
attorney fees incurred, as a result of its actions or omissions in connection with the performance
of this Lease Agreement. To the extent permitted by applicable law, Landlord is responsible for
any claims, damages, liability and court awards, including costs, expenses, and attorney fees
incurred, as a result of its actions or omissions in connection with the performance of this Lease
Agreement.
24. Insurance. Before Construction Commencement, Primary Tenant and Authorized
Sublessee must obtain and provide evidence of the insurance coverages specified below.
A. Commercial General Liability: Including bodily injury, property damage,
products and completed operations, personal and advertising injury with limits of $1,000,000 per
occurrence and $2,000,000 annual aggregate limit;
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B. Automobile Liability: All motor vehicles, including Hired and Non-Owned, used
in connection with the Agreement; $1,000,000 combined single limit per accident;
C. Workers’ Compensation: As required per the state law including Employer’s
Liability E.L. $500,000 per accident and $500,000 per employee, and $500,000 caused by disease;
and
D. Umbrella Liability excess of General Liability, Auto Liability and Employer’s
Liability for $5,000,000 Each Occurrence/Aggregate.
Primary Tenant and Authorized Sublessee must provide the Landlord with certificates of insurance
naming the Landlord as an additional insured and evidencing the procurement of insurance
contemplated in this Section including endorsements, as required.
25. Revocation. In the event of a default in the terms of this Lease Agreement by either
Landlord or Primary Tenant, the other Party may terminate this Lease Agreement. Events that
constitute a default under this Lease Agreement include: a Party’s failure to perform or comply
with any material provision of this Lease Agreement; an unauthorized assignment, a Party’s
insolvency or inability to pay debts as they mature, or (subject to Attachment 1) an assignment for
the benefit of creditors; or if a petition under any foreign, state, or United States bankruptcy act,
receivership statute, or the like, as they now exist, or as they may be amended, is filed by a Party.
Neither Party will be in default under this Lease Agreement unless and until it has been given
written notice of a breach of this Lease Agreement by the other Party and fails to cure such breach
within thirty (30) days after receipt of such notice. When a breach cannot reasonably be cured
within such thirty (30) day period, the time for curing may be extended by agreement of the Parties,
not to be unreasonably withheld, for such time as may be reasonably necessary to complete the
cure, provided that the defaulting Party is making good-faith efforts to cure such breach with due
diligence.
Notwithstanding anything to the contrary in this Lease Agreement, Landlord may terminate this
Lease Agreement if onsite Project construction has not actually substantially begun within five (5)
years of the Effective Date; provided, however, that Landlord may not cause this deadline to lapse
by delays in approval of any required permit or authorization.
26. Damage to Project. If, at any time during the Term, the Project is substantially damaged
or destroyed and rendered inoperable by fire or other occurrence of any kind, Primary Tenant must
cause Authorized Sublessee to, at its sole cost and expense either (a) promptly repair or replace
the Project, or (b) elect to terminate this Sublease Agreement, in which case Primary Tenant must
require Authorized Sublessee to Decommission the Project, as required by this Lease and in
accordance with any other agreements to which the Landlord or Primary Tenant are parties.
27. Terminate in Event of Governmental Shutdown. If a governmental authority decrees,
orders or demands that operation of the Project cease or that the Project must be removed from the
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Premises, for reasons unrelated to any default, violation or breach by Primary Tenant or
Authorized Sublessee of any applicable law, permit or consent, Primary Tenant or Authorized
Sublessee may terminate this Lease Agreement without penalty to either Party upon delivery to
Landlord of thirty (30) days’ prior written notice, in which case Primary Tenant must ensure that
Authorized Sublessee must Decommission the Project.
28. Force Majeure. In the event of a Force Majeure Event (as defined below), Primary Tenant
is relieved from any Rent payments and any other obligations under this Lease Agreement during
the period that the Force Majeure Event exists and is continuing. Subject to Attachment 1, if the
Force Majeure Event lasts for more than ninety (90) consecutive days or more than one hundred
twenty (120) days in any three hundred and sixty five (365) day period, Primary Tenant may
terminate this Lease Agreement by delivery to Landlord of a written notice of termination. “Force
Majeure Event” means any act, event, cause or condition that prevents Primary Tenant from
performing its obligations and is beyond Primary Tenant’s reasonable control.
A Force Majeure Event may include, but is not limited to the following: an act of god; war
(declared or undeclared); sabotage; riot; insurrection; civil unrest or disturbance; military or
guerilla action; terrorism; economic sanction or embargo; civil strike, work stoppage, slow-down,
or lock-out; explosion; fire; earthquake; abnormal weather condition or actions of the elements;
hurricane; flood; lightning; wind; drought; pandemic; the failure to act on the part of any
governmental authority (provided that such action has been timely requested and diligently
pursued); unavailability of electricity from the utility grid, equipment, supplies or products (but
not to the extent that any such availability of any of the foregoing results from the failure of the
Party claiming a Force Majeure Event to have exercised reasonable diligence); and failure of
equipment not used by or under the control of the party claiming a Force Majeure Event.
Notwithstanding the occurrence of a Force Majeure Event or the termination of this Lease
Agreement by Primary Tenant in connection with a Force Majeure Event, Authorized Sublessee’s
obligation to Decommission the Project will survive, provided that the period for performance of
such obligation may be delayed until such time as it becomes reasonably possible to do so.
29. Miscellaneous provisions.
(a) Applicable Law. This Lease Agreement will be interpreted and governed by the
laws of the State of Colorado, and venue will be in the state and federal courts of Larimer County,
Colorado.
(b) Rules of Interpretation. Titles and headings are included in this Lease Agreement
for convenience only, and will not be used for the purpose of construing and interpreting this Lease
Agreement. Words in the singular also include the plural and vice versa where the context requires.
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(c) Severability. If any provisions of this Lease Agreement are held to be unenforceable
or invalid by any court or regulatory agency of competent jurisdiction, the validity and
enforceability of the remaining provisions will remain in force.
(d) Entire Agreement; Amendments and Waivers. This Lease Agreement constitutes
the entire agreement between the Parties relating to the lease of real property for the Project and
supersedes the terms of any previous agreements or understandings, oral or written. Any waiver
or amendment of this Lease Agreement must be in writing signed by the Parties. A Party’s waiver
of any breach or failure to enforce any of the terms of this Lease Agreement will not affect or
waive that Party’s right to enforce any other term of this Lease Agreement.
(e) Further Assurances. Either Party shall execute and deliver instruments and
assurances and do all things reasonably necessary and proper to carry out the terms of this Lease
Agreement if the request from the other Party is reasonable.
(f) Recordation. This Lease Agreement will not be recorded. However, the Parties
agree that a memorandum of this Lease Agreement shall be recorded in the local land records
pursuant to applicable state law or applicable state authority, substantially in the form attached
hereto as Exhibit D.
(g) Governmental Immunity. Nothing in this Lease Agreement waives any immunities,
rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act,
C.R.S. §§ 24-10-101, et seq., or of any other defenses, immunities, and limitations of liability
available by law or in equity to Landlord or Primary Tenant.
30. Representations and Warranties.
(a) The Landlord represents and warrants to Primary Tenant as follows:
i. Right, Power and Authority. It has full right, power and authority to enter
into this Lease Agreement and there is nothing, which would prevent it from performing its
obligations under the terms and conditions imposed on it by this Lease Agreement.
ii. Binding Obligation. This Lease Agreement has been duly authorized by all
necessary action of Landlord, and constitutes a valid and binding obligation on the Landlord,
enforceable in accordance with its terms.
iii. Performance. To the knowledge of Landlord, no fact or circumstance exists
that will have, or is reasonably likely to have, a material adverse effect upon the Landlord’s ability
to perform its obligations under this Lease Agreement.
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iv. Information. To the knowledge of Landlord, the information provided to
Primary Tenant in this Lease Agreement is true and accurate in all material respects.
(b) Primary Tenant hereby represents and warrants to the Landlord as follows:
i. Right, Power and Authority. It has full right, power and authority to enter
into this Lease Agreement and there is nothing which would prevent it from performing its
obligations under the terms and conditions imposed on it by this Lease Agreement.
ii. Binding Obligation. This Lease Agreement has been duly authorized by all
necessary action of Primary Tenant, and constitutes a valid and binding obligation on Primary
Tenant, enforceable in accordance with its terms.
iii. Performance. To the knowledge of Primary Tenant, no fact or circumstance
exists that will have, or is reasonably likely to have, a material adverse effect upon Primary
Tenant’s ability to perform its obligations under this Lease Agreement.
iv. Information. To the knowledge of Primary Tenant, the information
provided to the Landlord in this Lease Agreement is true and accurate in all material respects.
31. Notices. All notices, demands, requests, consents, approvals, and other instruments
required or permitted to be given pursuant to this Lease Agreement must be in writing, signed by
the notifying Party, or officer, agent, or attorney of the notifying Party, and will be deemed to have
been effective upon delivery if served personally, including but not limited to delivery by
electronic mail, messenger, overnight courier service or overnight express mail, or upon posting if
sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as
follows:
To Landlord: City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80526
To Primary Tenant: Platte River Power Authority
2000 E. Horsetooth Road
Fort Collins, CO 80526
hammittj@prpa.org
The address to which any notice, demand, or other writing may be delivered to either Party as
above provided may be changed by written notice given by such Party as above provided.
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32. Counterparts. This Lease Agreement may be executed in counterparts, which, when taken
together constitute a single instrument.
[Remainder of Page Intentionally Left Blank; Signature Page Follows]
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Item 17.
EXHIBIT A TO ORDINANCE NO. 134, 2025
13
Lease Agreement – Signature Page
IN WITNESS WHEREOF, the Parties, as evidenced by the signatures of their Duly
Authorized Agents, do hereby execute this Lease Agreement the date first set forth above.
THE CITY OF FORT COLLINS,
COLORADO, a Colorado municipal
corporation
Date: ______________________________ By:_________________________________
Jeni Arndt, Mayor
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ____ day of __________,
202__, by Jeni Arndt as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires: _________________________
____________________________________
Notary Public
ATTEST:
____________________________________
City Clerk
Printed Name: ________________________
APPROVED AS TO FORM:
______________________________________
Assistant City Attorney
Name: ________________________________
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Item 17.
EXHIBIT A TO ORDINANCE NO. 134, 2025
14
Lease Agreement – Signature Page Cont’d
PRIMARY TENANT:
[INSERT]
By: __________________________
Name:
Title: Duly Authorized Agent
STATE OF COLORADO
COUNTY OF ___________________
On this day of ____________, 2025, ___________________, duly authorized agent of
__________________________ personally appeared, and they acknowledged this instrument, by
them sealed and subscribed, to be their free act and deed and the free act and deed of
_____________________.
Before me,___________________________________
Notary Public:
Commission Expires:
License #:
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Item 17.
ATTACHMENT 1
Grant of Lender-Related and other Step-In Rights
This Grant of Lender-Related and other Step-in Rights is attached and incorporated into that
certain Site Lease Agreement between Primary Tenant and Landlord dated ____, 2025. Primary
Tenant and Landlord agree that Landlord will grant Primary Tenant and the Authorized Sublessee
through its Site Sublease Agreement (the “Sublease”) the rights set forth herein.
Nothing in this Lease Agreement, including in this Attachment 1, is intended to change the
relationship between Platte River Power Authority and Landlord as described in the Organic
Contract and applicable Power Supply Agreement. Primary Tenant does not intend to exercise
these rights on its own behalf or on behalf of any third party or Leasehold Mortgagee (as the term
is defined below).
a. Authorized Sublessee shall have the right at any time and from time to time, without
Primary Tenant’s or Landlord’s prior written consent or approval (but with prior written notice to
Landlord and Primary Tenant) to: (i) assign, encumber, hypothecate, mortgage or pledge
(including by mortgage, deed of trust or personal property security instrument), or otherwise
transfer all or any portion of its right, title or interest under the Sublease to its Lender(s) (as such
term is defined below), as security for the repayment of any indebtedness and/or the performance
of any obligation owed by Authorized Sublessee to such Lender(s); and (ii) mortgage its leasehold
interest hereunder and/or collaterally assign its interest in the Sublease and in any monies due
under the Sublease in connection with obtaining financing from any Lender(s) for the Project and
all appurtenances thereto (including the interconnection facilities and the transmission facilities
and improvements), or otherwise encumber and grant security interests in all or any part of its
interest in the Sublease, the Premises, the Project, interconnection facilities or transmission
facilities (holders of these various security interests are referred to as “Leasehold Mortgagees”).
b. Following an event of default under any financing documents relating to the Project
and all appurtenances thereto (including the interconnection facilities and the transmission
facilities and improvements), any Lender or Leasehold Mortgagee may (but shall not be obligated
to) assume, or cause their designees to assume, all of the interests, rights and obligations of
Authorized Sublessee thereafter arising under the Sublease. Any Leasehold Mortgagee that has
succeeded to Authorized Sublessee’s interests under the Sublease in accordance with the
provisions of this Section shall also have the right, without Landlord’s prior written consent or
approval (but with prior written notice to Landlord), to assign or sublet the whole or any portion
or portions of its interest in the Sublease, the Premises, the Project and all appurtenances thereto
(including the interconnection facilities and the transmission facilities and improvements) for the
uses permitted under the Sublease, to one (1) or more Creditworthy persons o r entities (each, an
“Assignee”). As used herein, “Creditworthy” shall mean an entity which has a Credit Rating of
(a) “Baa3” or higher by Moody’s, and (b) “BBB-” or higher by S&P. Following any such sale,
conveyance, lease, assignment or sublet, the term “Authorized Sublessee” shall be deemed to
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Item 17.
include each “Assignee” then holding Authorized Sublessee’s interest (or portion thereof) in the
Sublease. However, no Lender, Leasehold Mortgagee or Assignee shall by virtue of Authorized
Sublessee’s conveyance to it or its assumption or interests, rights and obligations of Authorized
Sublessee arising under the Sublease acquire any greater interest in the Premises (including any
easements created in the Sublease) or any other rights than Authorized Sublessee then has under
the Sublease. Any such Lender, Leasehold Mortgagee, or Assignee shall be subject to Landlord’s
Municipal Code and any and all of Landlord’s security and access protocols.
c. As used herein, the term “Lender” means any financial institution or other entity
or person (including a Leasehold Mortgagee) that from time to time provides debt or equity
financing for some or all of Authorized Sublessee’s Project, collectively with any security or
collateral agent, indenture trustee, loan trustee or participating or syndicated lender involved in
whole or in part in such financing, and their respective representatives, successors and assigns.
References to Authorized Sublessee in the Sublease shall be deemed to include any entity or person
that succeeds (whether by assignment or otherwise) to all of the then-Authorized Sublessee’s then-
existing right, title and interest under the Sublease in accordance with the provisions of this
Section.
d. If the rights and interests of Authorized Sublessee in the Sublease are assigned in
accordance with this Section (which requires the assuming party to agree in writing to be bound
by, and to assume, the terms and conditions hereof and any and all obligations to Landlord arising
or accruing hereunder from and after the date of such assumption), Authorized Sublessee shall be
released and discharged from the terms and conditions hereof (but not from the terms and
conditions of any other agreements) and each such obligation hereunder from and after such date,
and Landlord shall continue the Sublease with the assuming party as if such person had been named
as Authorized Sublessee under the Sublease, provided, however, that the assuming party is
Creditworthy.
e. Landlord agrees to enter into a commercially reasonable non-disturbance consent
and recognition agreement (an “NDA”) by and among any Lender(s) or Leasehold Mortgagee(s),
Landlord, and Authorized Sublessee which shall include, without limitation, consent by Landlord
to the Authorized Sublessee’s collateral assignment of the Sublease and Authorized Sublessee’s
leasehold interest hereunder, cure rights and step in rights in favor of the Lender or Leasehold
Mortgagees.
f. Any Lender or Leasehold Mortgagee or Assignee who acquires Authorized
Sublessee’s leasehold interest pursuant to foreclosure or assignment in lieu of foreclosure that does
not directly hold an interest in the Sublease, or that holds an interest, lien or security interest in the
Sublease solely for security purposes, shall have no obligation or liabilit y under the Sublease for
obligations arising prior to the time such Lender, Leasehold Mortgagee or Assignee directly holds
an interest in the Sublease, or succeeds to title to such interest, or to the Sublease, except for any
past due Rent, which shall become immediately due and payable upon such Lender, Leasehold
Mortgagee or Assignee’s assumption of interest in the Sublease. With the exception of such past
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due Rent, any such Lender, Leasehold Mortgagee or Assignee shall be liable to perform
obligations under the Sublease only for and during the period it directly holds such interest or title.
g. Within thirty (30) days after written request therefor, Landlord shall execute such
estoppel certificates (certifying as to such truthful matters as Authorized Sublessee, Lender(s),
Assignee(s) or Leasehold Mortgagee(s) may reasonably request, including that no default then
exists under the Sublease, if such be the case, and that the Sublease remains in full force and effect),
commercially reasonable consents to assignment and non-disturbance agreements as Authorized
Sublessee or any Lender, Leasehold Mortgagee or Assignee may request from time to time, it
being intended that any such estoppel certificates, consents to assignment and the like may be
relied upon by any Lender(s), Leasehold Mortgagee(s) or Assignee(s) or prospective Lender(s),
Leasehold Mortgagee(s), or Assignee(s), or any prospective and/or subsequent purchaser or
transferee of all or a part of Authorized Sublessee’s interest in the Premises, any easements granted
hereunder, the interconnection facilities and/or transmission facilities and/or the Project.
h. The provisions of this Attachment 1 are for the benefit of any Lender(s), Leasehold
Mortgagee(s) and Assignee(s), as well as the Parties hereto, and shall be enforceable by any such
Lender(s), Leasehold Mortgagee(s) and Assignee(s) as express third-party beneficiaries hereof.
Landlord hereby agrees that no Lender, Leasehold Mortgagee or Assignee, nor any entity or person
for whom they may act, shall be obligated to perform any obligation or be deemed to incur any
liability or obligation provided in the Sublease on the part of Authorized Sublessee or shall have
any obligation or liability to Landlord with respect to the Sublease except to the extent any of them
becomes a party hereto pursuant to this Attachment 1 or through the exercise of its rights or
remedies and the written assumption of the Sublease or the easements granted hereunder. Any
exercise by any Lender, Leasehold Mortgagee or Assignee of any rights and remedies hereunder
shall be subject to all rights, defenses and remedies available to Landlord, in each case subject to
the terms of any NDA entered into between or among any Lender(s), Leasehold Mortgagee(s) and
Assignee(s) and Landlord.
i. A Lender, Leasehold Mortgagee or Assignee shall have the right: (a) to enforce its
lien and acquire title to Authorized Sublessee’s leasehold estate and easement rights by any lawful
means; (b) to take possession of and operate the Premises or any portion thereof, in accordance
with the terms of the Sublease and to perform all obligations to be performed by Authorized
Sublessee under the Sublease, or to cause a receiver to be appointed to do so; and (c) to acquire
such leasehold estate and easement rights by foreclosure or by an assignment in lieu of foreclosure
and thereafter to assign or transfer such leasehold estate to a third party.
j. To prevent termination of the Sublease or any partial interest in the Sublease, each
Lender, Leasehold Mortgagee or Assignee shall have the right, but not the obligation, at any time
prior to termination of the Sublease, to perform any act necessary to cure any default and to prevent
the termination of the Sublease or any partial interest in the Sublease. As a precondition to
exercising any rights or remedies as a result of any alleged default by Authorized Sublessee,
Landlord or Primary Tenant shall give written notice of such default to each Lender, Leasehold
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Mortgagee or Assignee previously disclosed by Authorized Sublessee, concurrently with delivery
of notice to Authorized Sublessee, specifying in detail the alleged event of default and the required
remedy. Authorized Sublessee, Lender, and Leasehold Mortgagee agree that no such notice may
be used by Authorized Sublessee, Lender, and Leasehold Mortgagee (or any party claiming by or
through those parties) as a basis for a civil cl aim against Landlord or Primary Tenant for
defamation, libel, slander, false light, or similar causes of action. Each such Lender, Leasehold
Mortgagee or Assignee shall have the same amount of time to cure the default as to Authorized
Sublessee’s interest in the Sublease as is given to Authorized Sublessee. The cure period for each
Lender, Leasehold Mortgagee or Assignee shall begin to run at the end of the cure period given to
Authorized Sublessee in the Sublease; provided, however, that in no case will the cure periods
permit the Lease or Sublease to extend beyond thirty (30) years from the Effective Date.
k. If any default by Authorized Sublessee under the Sublease cannot be cured without
the Lender, Leasehold Mortgagee or Assignee obtaining possession of all or part of the Premises
and/or all or part of the Project and/or all or part of Authorized Sublessee’s interest in the Sublease,
then any such default shall be deemed remedied if: (i) during the cure period for Lender, Leasehold
Mortgagee or Assignee pursuant to Subsection j above, either Lender, Leasehold Mortgagee or
Assignee shall have acquired possession of all or part of the Premises and/or all or part of the
Project and/or all or part of such interest in the Sublease, or shall have commenced appropriate
judicial or non-judicial proceedings to obtain the same; (ii) the Lender, Leasehold Mortgagee or
Assignee, as the case may be, shall be in the process of diligently prosecuting any such proceedings
to completion, the completion of which must occur no later than three (3) years after receiving
notice from Landlord or Primary Tenant; and (iii) after gaining possession of all or part of the
Premises and/or all or part of the Project and/or all or part of such interest in the Sublease, the
Lender, Leasehold Mortgagee or Assignee performs all other obligations as and when the same
are due in accordance with the terms of the Sublease, but only for the period attributable to its
possession of the Premises, provided, however, that the Lender, Leasehold Mortgagee or Assignee
shall pay the Rent and perform all the other obligations of Authorized Sublessee hereunder as of
the date that Landlord could have terminated the Sublease for an event of default. If a Lender,
Leasehold Mortgagee or Assignee is prohibited by any process or injunction issued by any court
or by reason of any action by any court having jurisdiction over any bankruptcy or insolvency
proceeding involving Authorized Sublessee or any defaulting Assignee, as the case may be, from
commencing or prosecuting the proceedings described above, the time period specified in
subsection k above for commencing such proceeding shall be extended for the period of such
prohibition. Notwithstanding any other provision of the Lease Agreement, the Lender, Leasehold
Mortgagee or Assignee, as the case may be, must complete the prosecution of any such
proceedings to completion no later than five (5) years after first receiving notice of default from
Landlord or Primary Tenant, and in no case will the total time for proceedings allow the Lease or
Sublease to extend beyond thirty (30) years from the Effective Date.
During any period of possession of the Premises by a Lender, Leasehold Mortgagee or Assignee
and/or during the pendency of any foreclosure proceedings instituted by a Lender, Leasehold
Mortgagee or Assignee, the Lender, Leasehold Mortgagee or Assignee shall pay or cause to be
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paid the fees, Rent and all other monetary charges payable by Authorized Sublessee under the
Sublease which have accrued and are unpaid at the commencement of such period and those which
accrue thereafter during such period. Following acquisition of Authorized Sublessee’s leasehold
estate by the Lender, Leasehold Mortgagee or Assignee as a result of either foreclosure or
acceptance of an assignment in lieu of foreclosure, or by a purchaser at a foreclosure sale (all of
which are included in the term “Assignee”), the Sublease shall continue in full force and effect and
the Lender, Leasehold Mortgagee or Assignee shall, as promptly as reasonably possible (but in no
case longer than one hundred twenty (120) days after Landlord or Primary Tenant’s written notice),
commence the cure of all defaults under the Sublease and thereafter diligently process such cure
to completion, and upon such completion of the cure of all defaults under the Lease Landlord’s
right to terminate the Sublease based upon such defaults shall be deemed waived; provided,
however, that the Lender, Leasehold Mortgagee or Assignee or such party acquiring title to
Authorized Sublessee’s leasehold estate shall not be required to cure those defaults which are not
reasonably susceptible of being cured or performed by such party (“Non-curable defaults”). Non-
curable defaults shall be deemed waived by Landlord upon completion of foreclosure proceedings
or acquisition of Authorized Sublessee’s interest in the Sublease by such party. For purposes of
clarity, although Non-curable defaults are waived, the party acquiring the Authorized Sublessee’s
estate shall be obligated to bring the Sublease into current compliance. By way of example,
Authorized Sublessee failure to maintain insurance is a Non-curable default and the party acquiring
the Authorized Sublessee’s estate shall immediately obtain insurance in accordance with the
requirements of the Sublease.
l. Any Lender, Leasehold Mortgagee or Assignee who acquires Authorized
Sublessee’s leasehold interest, pursuant to foreclosure or assignment in lieu of foreclosure shall
not be liable to perform the obligations imposed on Authorized Sublessee by the Sublease incurred
or accruing after the Lender, Leasehold Mortgagee or Assignee no longer has ownership of the
leasehold estate or possession of the Premises. Neither the bankruptcy nor the insolvency of
Authorized Sublessee shall be grounds for terminating the Sublease as long as all Rent and all
other monetary charges payable by Authorized Sublessee under the Sublease are promptly paid by
the Lender, Leasehold Mortgagee or Assignee in accordance with the terms of the Sublease. The
acceptance of Rent by Landlord shall not be deemed a waiver of any other rights or remedy it may
have under the Lease at law or in equity.
m. If the Sublease terminates for any reason, including because of Authorized
Sublessee’s default or if the leasehold estate is foreclosed, or if the Sublease is rejected or
disaffirmed pursuant to applicable bankruptcy law or other applicable requirements affecting
creditor’s rights and, within ninety (90) days after such event, Authorized Sublessee or any Lender,
Leasehold Mortgagee or Assignee shall have arranged to the satisfaction of Landlord for the
payment of Rent, fees and other charges due and payable by Authorized Sublessee as of the date
of such event, then Landlord shall execute and deliver to such Lender, Leasehold Mortgagee or
Assignee or designee, as the case may be, a new lease to the Premises which (a) shall be for a term
equal to the remainder of the Term; (b) shall contain the same covenants, agreements, terms,
provisions and limitations as the Sublease (except as otherwise provided in this Section and for
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any requirements that have been fulfilled by Authorized Sublessee or any Lender, Leasehold
Mortgagee or Assignee prior to rejection or termination of the Sublease); and (c) shall include that
portion of the Project in which Authorized Sublessee had an interest on the date of rejection or
termination. A Lender, Leasehold Mortgagee or Assignee shall pay all of Landlord’s reasonable
legal fees associated with a new lease of the Premises.
n. Intentionally omitted
o. If more than one (1) Lender, Leasehold Mortgagee or Assignee makes a written
request for a new lease pursuant to this provision, the new lease shall be delivered to the Lender ,
Leasehold Mortgagee or Assignee requesting such new lease whose mortgage or assignment of
the Sublease or the Authorized Sublessee’s leasehold interest hereunder is prior in lien, and the
written request of any other Lender, Leasehold Mortgagee or Assignee whose lien is subordinate
shall be void and of no further force or effect. This Section (o) is for notification purposes only.
p. The provisions of this Attachment 1 shall survive the termination, rejection or
disaffirmation of the Sublease and shall continue in full force and effect thereafter to the same
extent as if this Attachment 1 was a separate and independent contract made by and among
Landlord, Primary Tenant, Authorized Sublessee and each Lender, Leasehold Mortgagee or
Assignee, and, from the effective date of such termination, rejection or disaffirmation of the
Sublease to the date of execution and delivery of such new lease, such Lender, Leasehold
Mortgagee or Assignee may use and enjoy said Premises in accordance with the terms of such new
lease, provided that all of the conditions for a new lease as set forth above are complied with, and
with the understanding that such new lease will grant such Lender, Leasehold Mortgagee or
Assignee only those rights as set forth in the original Site Lease Agreement between Landlord and
Primary Tenant.
q. Landlord, Primary Tenant, and Authorized Sublessee agree that so long as there
exists an unpaid Leasehold Mortgage or loan or other financing held by a Lender that is secured
by Authorized Sublessee’s grant of a security interest in the Premises, the Sublease, the Project or
any other Improvement, then (i) neither the Lease or the Sublease, as applicable, shall be modified
or amended without the written consent of Lender, Leasehold Mortgagee or Assignee, as
applicable, and (ii) neither Landlord or Primary Tenant shall accept surrender of any part of the
Premises or the Lease or Sublease.
r. If the Authorized Sublessee is in default of the Sublease and such default is not
cured after the expiration of all notice and cure periods set forth in the Sublease and Lender,
Leasehold Mortgagee, and Assignee have not exercised their cure rights set forth in this
Attachment 1, then Primary Tenant may terminate the Sublease by providing written notice to
Authorized Sublessee without the consent of Lender, Leasehold Mortgagee, or Assignee.
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Item 17.
Exhibit A
Legal Description of Landlord’s Property
Overland Substation Site- Fort Collins
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Item 17.
Exhibit B
Depiction of Leased Premises
Overland Substation Site – 401 S. Overland Trail
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Item 17.
Exhibit D to Lease Agreement and Sublease Agreement
MEMORANDUM OF LEASE
KNOW ALL PERSONS BY THESE PRESENTS that a certain Site Lease Agreement (the
“Lease”) was entered into on the ___ day of ___________, 2025, by and between
___________________, a _________________ limited liability company (the “Tenant”) and
___________________, (the “Landlord”).
1. Names of the Parties to the Lease. The names of the parties to the Lease, as set forth in the
Lease, are ___________________, as tenant, and ___________________, as landlord.
2. Addresses. The addresses set forth in the Lease as those of the parties are as follows:
Landlord: City of Fort Collins
Fort Collins, CO
Tenant: Platte River Power Authority
2000 E. Horsetooth Road
Fort Collins, CO 80525
3. Date of Execution. The date of the execution of the Lease is ________________, 202__.
4. Term of Lease. The initial term of the Lease commences on the ____ day of ___________,
2025 and continues for twenty-two (22) years following the Effective Date. The Lease may be
extended for one (1) additional five (5) year term at the option of the Tenant.
5. Property Affected by the Lease. The leased property, as set forth in the Lease, is set forth
on Exhibit A attached hereto.
6. Right of Purchase or First Refusal. There is no purchase right or right of first refusal granted
in the Lease or otherwise held by the Tenant.
7. Restrictions on Assignment. The Lease and the rights and obligations of either party may
be assigned in accordance with the terms of the Lease so long as any assignee assumes all rights,
duties and obligations of the assigning party.
8. Location of Original Lease. The original signed copy of the Lease will be maintained at
the principal office of the Tenant.
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9. Conflict With Lease. The provisions of this Memorandum should not be used in
interpreting the Lease, and in the event of any conflict between this Memorandum and the Lease,
the terms of the Lease control in all respects.
10. Use. Tenant may not construct or erect any structure or building on the Premises, if the use
or useful occupancy of that structure or building will require the installation of or connection to a
potable water supply or wastewater system, without first complying with the applicable rules and
obtaining any required permit.
11. Miscellaneous. All capitalized terms not defined herein have the meaning set forth in the
Lease. This Memorandum is governed by the laws of Colorado. This Memorandum may be
executed in counterparts which, when taken together, constitute a single instrument.
[Remainder of Page Intentionally Left Blank; Signature Page Follows]
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THIS MEMORANDUM OF LEASE is executed as of the date first set forth above by the
undersigned parties thereto.
THE CITY OF FORT COLLINS,
COLORADO, a Colorado municipal
corporation
Date: ______________________________ By:_________________________________
City of Fort Collins
Jeni Arndt, Mayor
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ____ day of __________,
202__, by Jeni Arndt as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires: _________________________
____________________________________
Notary Public
ATTEST:
____________________________________
City Clerk
Printed Name: ________________________
APPROVED AS TO FORM:
______________________________________
Assistant City Attorney
Name: ________________________________
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Item 17.
Memorandum of Lease – Signature Page Cont’d
TENANT:
[INSERT], LLC
By: __________________________
Name:
Title: Duly Authorized Agent
STATE OF COLORADO
COUNTY OF ___________________
On this day of ____________, 2025, ___________________, duly authorized agent of
__________________________ personally appeared, and they acknowledged this instrument, by
them sealed and subscribed, to be their free act and deed and the free act and deed of
_____________________.
Before me,___________________________________
Notary Public:
Commission Expires:
License #:
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Item 17.
- 27 -
Exhibit A to Memorandum of Lease
Property Leased
Overland Substation, Fort Collins
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Item 17.
File Attachments for Item:
18. First Reading of Ordinance No. 135, 2025, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Cordova Road – North of
Duff Drive.
The purpose of this item is to authorize the use of eminent domain to acquire right-of-way
needed for constructing the Cordova Road – North of Duff Drive project (Project).
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, Project Manager
Dana Hornkohl, Capital Projects Manager
Ralph Campano, Real Estate Manager
SUBJECT
First Reading of Ordinance No. 135, 2025, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Cordova Road – North of Duff Drive.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the use of eminent domain to acquire right-of-way needed for
constructing the Cordova Road – North of Duff Drive project (Project).
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Cordova Road is an existing roadway from the roundabout at Lincoln Avenue to Duff Drive, built by the
Capstone Cottage development in 2017. The Master Street Plan (adopted November 21, 2023) shows
Cordova Road extending northeast from Duff Drive, turning southeast, and eventually connecting to the
existing section of International Boulevard. This extension will provide alternative ingress/egress to several
neighborhoods and schools in the area. The Project seeks to acquire a section of the right-of-way
necessary to ensure construction of Cordova Road, north of Duff Drive. (Attachment 1)
The Landing at Lemay Project Development Plan (PDP) directly north of Capstone Cottages, was approved
at Planning Commission on September 21, 2023, and depicted the developer’s dedication and construction
of Cordova Road from Duff Drive to Link Lane. After Planning Commission approval and prior to
entitlement, the developer informed the City that they were unable to acquire property intended for the
Cordova Road dedication to the City. The site address of the property in question is 1292 East Lincoln
Avenue, Parcel No. 8707200015, per Larimer County records.
Via their development agreement, the Landing at Lemay developer agreed to provide the City with
$500,000 towards securing the property identified for Cordova Road right-of-way. If the City is successful
in acquiring the property while the Landing at Lemay is under construction, the developer will construct
Cordova Road. If the City is not successful in acquiring the property in this timeframe, the developer has
made an additional $226,564 payment-in-lieu (PIL) for the local portion of Cordova Road associated with
the dedication property between Duff Drive and Link Lane. This PIL will be returned to the developer if the
property is acquired within the established timeframe. Council appropriated the developer contribution for
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Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
the property acquisition with Ordinance No. 116, 2024, and the developer contribution for the PIL with
Ordinance No. 034, 2025.
Real Estate Services’ (RES) staff contacted the property owner, CCC-Fort Collins LLC, to let them know
about the City’s intent to acquire the parcel in question and determine the owner’s willingness to sell the
parcel. After several conversations with the property owner, the property owner has asked and the City has
determined to pursue a condemnation process, as the property owner has been unable to negotiate a
release from the lender’s interest in the property.
Currently, City staff believes the condemnation will be a friendly condemnation (uncontested) and believes
that the City and the property owner will be able to come to an agreement on the sale price for the parcel.
The acquisition process will be conducted according to federal and state eminent domain requirements,
which must be followed for all property interests throughout the entire acquisition process. These
requirements ensure property owners are fairly compensated for their property interests. Staff recommends
that City Council authorize the use of eminent domain for this acquisition to provide a fair and equitable
process that will allow the City to meet Project goals and construction deadlines.
CITY FINANCIAL IMPACTS
This action will not authorize any new funding for the Project. The action will authorize acquisition of the
identified parcel by means of eminent domain. The total fund amount projected for this Project is $726,564
composed of funds appropriated with prior actions. The development contribution PIL is subject to APP
program transfers that were completed with prior appropriation.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning Commission approved the Landing at Lemay PDP on September 21, 2023, depicting the
dedication and construction of Cordova Road.
PUBLIC OUTREACH
The Landing at Lemay PDP had a neighborhood meeting on October 4, 2021, and was subject to the
standard notice to owners of record within 800-feet of the development as prescribed in the Land Use
Code.
ATTACHMENTS
1. Vicinity Map
2. Landing at Lemay – Development Agreement (excerpts)
3. Ordinance No. 116, 2024 (copy)
4. Ordinance No. 034, 2025 (copy)
5. Ordinance No. 135, 2025
Development Contributions 726,564$
TOTAL PRIOR APPROPRIATIONS 726,564$
Prior Appropriated Funds
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Item 18.
Capstone
Cottages
Landing
At Lemay
Capstone
Cottages
Lincoln Avenue
Buckingham St.
Vine Drive
Cordova Rd.
right-of-way
acquisition
Suniga Rd.
VICINITY MAP
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Item 18.
ORDINANCE NO.116,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS OF REVENUE
FROM DEVLOPER CONTRIBUTIONS AND AUTHORIZING
TRANSFERS FOR THE CORDOVA ROAD RIGHT-OF-WAY
ACQUISITION
A.This Ordinance appropriates developer contribution funds to acquire the
right-of-way necessary to complete the extension of Cordova Road through to Link Lane
the “Acquisition”).
B.Cordova Road is an existing roadway from the roundabout at Lincoln
Avenue to Duff Drive,built by the Capstone Collage development in 2017.
C.On September 21,2023,the Planning and Zoning Commission approved
The Landing at Lemay Project Development Plan (“PDP”).The Landing at Lemay Project
is located directly north of Capstone Collages,and the PDP depicts the developer’s
dedication and construction extending Cordova Road from Duff Drive to Link Lane.
D.After the Planning and Zoning Commission approval and before
entitlement,the developer informed the City that they were unable to acquire the
Acquisition.
E.By the terms of their subsequently negotiated development agreement with
the City,the developer agreed to provide the City $500,000 towards securing the
Acquisition.
F.Per the development agreement,if the City is successful in acquiring the
Acquisition while The Landing at Lemay is under construction,the developer will construct
the Cordova Road extension.
G.Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance
at any time during the fiscal year,provided that the total amount of such supplemental
appropriation,in combination with all previous appropriations for that fiscal year,do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
H.The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the Capital Project fund and will not cause the total amount appropriated in the Capital
Project fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this fund during this fiscal year.
I.The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
COP
Y
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Item 18.
from the Transportation Improvement fund and will not cause the total amount
appropriated in the Transportation Improvement fund,as applicable,to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in these
funds during this fiscal year.
J.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.
K.The City Manager has recommended the transfer of $500,000 from the
Transportation Improvement fund to the Capital Project fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
L.Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project or for a federal,
state or private grant or contribution,that such appropriation shall not lapse at the end of
the fiscal year in which the appropriation is made,but continue until the completion of the
capital project or until the earlier of the expiration of the federal,state or private grant or
private contribution the City’s expenditure of all funds received from such contribution.
M.The City Council wishes to designate the appropriation herein for the
developer contribution as an appropriation that shall not lapse until the earlier of the
expiration of the contribution or the City’s expenditure of all funds received from the
contribution.
N.The appropriations in this Ordinance benefit public health,safety and
welfare of the residents of Fort Collins and serve the public purpose of improving
transportation infrastructure within the City.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.There is hereby appropriated from new revenue or other funds in the
Transportation Improvement fund the sum of FIVE HUNDRED THOUSAND DOLLARS
500,000)to be expended in the Transportation Improvement fund for transfer to the
Capital Projects fund and appropriated therein for the Acquisition.
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Item 18.
Section 2.The appropriation herein for the developer contribution is designated
as an appropriation that shall not lapse until the earlier of the expiration of the private
contribution or the City’s expenditure of all funds received from such contribution.
Introduced,considered favorably on first reading on August 20,2024,and
approved on second reading for final passage on September 3,2024.
Mayor Pro Tern
ATTEST:
ity erk
Effective Date:Septernber 13,2024
Approving Attorney:Heather N.Jarvis
COP
Y
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Item 18.
ORDINANCE NO.034,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING A DEVELOPMENT CONTRIBUTION TO
CONSTRUCTION AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE CORDOVA ROAD CORRIDOR
PROJECT AND RELATED ART IN PUBLIC PLACES
A.The purpose of this item is to appropriate development contributions to
construction that the City collected in 2025 from the developer of The Landing at Lemay
development project to the Cordova Road Corridor capital project (the “Project”).
B.In 2024,TTRES CO Fort Collins Vine,LLC (“Developer”)entered into a
Development Agreement (“DA”)with the City.The DA sets forth the requirements and
conditions for the development of The Landing at Lemay property bounded by North
Lemay Avenue (to the west),Duff Drive (to the south),and the future extension of
Cordova Road (to the east).The DA contemplates that the Developer would make
development contributions to construction payments for improvements including the
future Cordova Road (DA Section ll.D.1 and DA Section ll.D.2.a).
C.The Landing at Lemay’s development contributions for Cordova Road are
proposed to be appropriated to the Project to aid in the design,acquisition,and
construction of Cordova Road between Duff Drive and North Link Lane.Cordova Road is
classified as a two-lane arterial roadway on the Master Street Plan adopted by City
Council on December 5,2023.The establishment of the alignment and classification of
Cordova Road originated with the East Mulberry Corridor Plan adopted by City Council
on September 17,2002.
D.Article V,Section 9 of the City Charter permits the City Council,upon
recommendation of the City Manager,to make a supplemental appropriation by ordinance
at any time during the fiscal year,provided that the total amount of such supplemental
appropriation,in combination with all previous appropriations for that fiscal year,do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
E.The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Transportation Services fund and Capital Projects fund that this
appropriation will not cause the total amount appropriated in Transportation Services
Fund and 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.
F.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
COP
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Item 18.
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
G.The City Manager has recommended the transfer of $226,564 from the
Transportation Services fund to the Capital Projects fund and determined that the purpose
for which the transferred funds are to be expended remains unchanged.
H.This Project involves construction estimated to cost more than $250,000
and,as such,City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places (“APP”)program.
I.The total project cost of $226,564 has been used to calculate the
contribution to the APP program.
J.The amount to be contributed in this Ordinance will be $2,266.
K.Article V,Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
L.The City Council wishes to designate the appropriation herein for the Project
as an appropriation that shall not lapse until the completion of the Project.
M.The appropriations in this Ordinance benefit public health,safety,and
welfare of the residents of Fort Collins and the traveling public and serve the public
purpose of improving transportation infrastructure within the city.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.There is hereby appropriated from new revenue in the Transportation
Services Fund the sum of TWO HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED
SIXTY-FOUR DOLLARS ($226,564)to be expended in the Transportation Services fund
for Transfer to the Capital Projects fund to be expended therein for the design of the
Cordova Road Corridor Project.
Section 2.The unexpended and unencumbered appropriated amount of ONE
THOUSAND SEVEN HUNDRED SIXTY-SEVEN DOLLARS ($1,767)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.
COP
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Item 18.
Section 3.The unexpended and unencumbered appropriated amount of FOUR
HUNDRED FIFTY-THREE DOLLARS ($453)in the Capital Projects fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein for the operation costs of the APP program.
Section 4.The unexpended and unencumbered appropriated amount of
FORTY-FIVE DOLLARS ($45)in the Capital Projects fund is hereby authorized for
transfer to the Cultural Services and Facilities fund and appropriated and expended
therein for the maintenance costs of the APP program.
Section 5.The appropriation herein for Cordova Road Corridor Project is
hereby designated,as authorized in Article V,Section 11 of the City Charter,as an
appropriation that shall not lapse at the end of this fiscal year but continue until the
completion of the project.
Introduced,considered favorably on first reading on March 4,2025,and approved
on second reading for final passage on March 18,2025.
ATTEST:
J ~
C CI/
Effective Date:March 28,2025
Approving Attorney:Heather N.JarvisCOP
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Item 18.
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ORDINANCE NO. 135, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT
CORDOVA ROAD – NORTH OF DUFF DRIVE
A. The City’s Master Street Plan, adopted November 21, 2023, shows Cordova
Road extending northeast from Duff Drive, turning southeast, and eventually connecting
to the existing section of International Boulevard. Cordova Road is an existing roadway
from the roundabout at Lincoln Avenue to Duff Drive, built by the Capstone Cottage
development in 2017. The Master Street Plan (adopted November 21, 2023) shows
Cordova Road extending northeast from Duff Drive, turning southeast, and eventually
connecting to the existing section of International Boulevard. This extension will provide
alternative ingress and egress to several neighborhoods and schools in the area.
B. To complete the construction of Cordova Road north of Duff Drive (the
“Project”), the City of Fort Collins will need to acquire a section of the right-of-way
necessary to ensure construction of Cordova Road, north of Duff Drive. This real property
is described in Exhibit A, which is attached hereto and incorporated herein (the
“Property”). The site address of the Property is 1292 East Lincoln Avenue, Parcel No.
8707200015, according to Larimer County records.
C. The Landing at Lemay Project Development Plan directly north of Capstone
Cottages, was approved by the Planning and Zoning Commission on September 21,
2023, and depicted the developer’s dedication of the Property and construction of
Cordova Road from Duff Drive to Link Lane. After the Planning Commission’s approval
but before entitlement, the developer informed the City that the developer was unable to
acquire the Property.
D. In the development agreement for the Landing at Lemay, the developer
agreed to provide the City with $500,000 towards securing the Property identified for the
Cordova Road right-of-way. If the City is successful in acquiring the Property while the
Landing at Lemay is under construction, the developer will complete the construction of
the Project.
E. If the City is not successful in acquiring the Property while the Landing at
Lemay is under construction, the developer has made an additional $226,564 payment-
in-lieu (PIL) for construction of the local portion of Cordova Road between Duff Drive and
Link Lane associated with the Property. This PIL will be returned to the developer if the
Property is acquired within the established tim eframe. The City Council appropriated the
developer contribution for acquisition of the Property with Ordinance No. 116, 2024, and
the developer contribution for the PIL with Ordinance No. 034, 2025.
F. The City has begun good faith negotiations for the acquisition of the
Property. City staff has contacted the property owner, CCC-Fort Collins LLC, to inform
them of the City’s intent to acquire the parcel in question and determine the owner’s
willingness to sell the parcel. After several conversations with the property owner, the
Page 318
Item 18.
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property owner has requested that the City pursue a condemnation process, as the
property owner has been unable to negotiate a release from the lender’s interest in the
property. Currently, City staff believes the condemnation will be a friendly condemnation
(uncontested) and believes that the City and the property owner will be able to come to
an agreement on the sale price for the parcel.
G. The acquisition process will be conducted according to federal and state
eminent domain requirements, which must be followed for all property interests
throughout the entire acquisition process. These requirements ensure property owners
are fairly compensated for their property interests. Staff recommends that City Council
authorize the use of eminent domain for this acquisition to provide a fair and equitable
process that will allow the City to meet Project goals and construction deadlines.
H. This action will not authorize any new funding for the Project. The action will
authorize acquisition of the identified parcel by means of eminent domain. The total fund
amount projected for this Project is $726,564 composed of funds appropriated with prior
actions. The development contribution PIL is subject to APP program transfers that were
completed with prior appropriation.
I. It is necessary for the City to acquire the Property for the purpose of
constructing the Project. The acquisition of the Property may, by law, be accomplished
through proceedings of eminent domain.
J. The acquisition of the Property and prompt possession of the Property is
desirable and necessary for public use for the construction of the Project, is in the City’s
and public’s best interests, and enhances public health, safety, and welfare because it
will allow for the construction of needed public infrastructure within the City.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council finds and hereby determines that is it necessary in
the public interest and for the public health, safety and welfare that the City acquire the
Property to be used for the purpose of completing the construction of Cordova Road north
of Duff Drive.
Section 2. The City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property for the City by eminent domain
proceedings.
Section 3. The City Council finds that if acquisition by eminent domain of the
Property is commenced, immediate possession is necessary for the public’s health,
safety, and welfare.
Page 319
Item 18.
-3-
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Heather N. Jarvis
Exhibit: Exhibit A - Description of Real Property
Page 320
Item 18.
Exhibit A – Legal Description
A TRACT OF LAND SITUATE IN THE WEST 1/2 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF
THE SIXTH P.M., CITY OF FORT COLLINS, COUNY OF LARIMER, STATE OF COLORADO, WHICH
CONSIDERING THE WEST LINE OF SAID SECTION 7 AS BEARING S02°04'03"W AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN
AT A POINT WHICH BEARS S02°04'03"W 1349.99 FEET, AND AGAIN S87°55'57"E 318.00 FEET, AND AGAIN
S02°04'08"W 300.00 FEET, AND AGAIN S87°55'57"E 503.00 FEET, AND AGAIN S02°04'03"W 62.53 FEET
FROM THE NORTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE S87°55'57"E 204.00 FEET;
THENCE S02°04'03"W 38.81 FEET;
THENCE S87°55'57"E 294.16 FEET;
THENCE N33°06'53"E 350.16 FEET;
THENCE S50°01'54"E 150.00 FEET;
THENCE S34°09'38"W 556.45 FEET;
THENCE S59°22'32"E 100.57 FEET;
THENCE S30°37'28"W 300.00 FEET;
THENCE S59°22'32"E 206.10 FEET;
THENCE S30°37'28"W 510.00 FEET TO A POINT ON THE NORTHERLY LINE OF LINCOLN AVENUE;
THENCE ALONG SAID NORTHERLY LINE N59°22'32"W 299.90 FEET;
AND AGAIN ALONG THE ARC OF A 1206.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 133.13
FEET, THE LONG CHORD OF WHICH BEARS N62°32'17"W 133.07 FEET;
THENCE N02°04'03"E 960.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A TRACT OF LAND SITUATE IN THE WEST 1/2 OF SECTION 7, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF FORT COLLINS, WHICH CONSIDERING THE WEST
LINE OF SAID SECTION 7 AS BEARING S02°04'03"W AND WITH ALL BEARING CONTAINED HEREIN
RELATIVE THERETO IS CONTAINED WITH THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH
BEARS S02°04'03"W 1349.99 FEET, AND AGAIN S87°55'57"E 318.00 FEET, AND AGAIN S02°04'03"W 300.00
FEET, AND AGAIN S87°55'57"E 503.00 FEET, AND AGAIN S02°04'03"W 62.53 FEET FROM THE
NORTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE S87°55'57"E 204.00 FEET;
THENCE S02°04'03"W 38.81 FEET;
THENCE S87°55'57"E 294.16 FEET;
THENCE S33°06'53"W 170.08 FEET;
THENCE S59°22'32"E 36.29 FEET;
THENCE S30°37'28"W 360.00 FEET;
THENCE N59°22'32"W 106.14 FEET;
THENCE S02°04'03"W 296.45 FEET;THENCE ALONG THE ARC OF A 240.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF
119.62FEET, THE LONG CHORD OF WHICH BEARS S16°20'45"W 118.38 FEET;
THENCE S30°37'28"W 135.62 FEET TO A POINT ON THE NORTHERLY LINE OF LINCOLN AVENUE;
THENCE ALONG SAID NORTHERLY LINE ALONG THE ARC OF A 1206.00 FOOT RADIUS CURVE TO THE
LEFT A DISTANCE OF 91.13 FEET, THE LONG CHORD OF WHICH BEARS N63°32'10"W 91.11 FEET;
THENCE N02°04'03"E 960.00 FEET TO A POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF
COLORADO,
AND EXCEPTING THEREFROM A TRACT OF LAND SITUATE IN THE WEST 1/2 OF SECTION 7, TOWNSHIP
7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., CITY OF FORT COLLINS, WHICH CONSIDERING THE
WEST LINE OF SAID SECTION 7 AS BEARING S02°04'03"W AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGIN AT A POINT
WHICH BEARS S02°04'03"W 1349.99 FEET, AND AGAIN S87°55'57"E 318.00 FEET, AND AGAIN S02°04'03"W
300.00 FEET, AND AGAIN S87°55'57"E 503.00 FEET, AND AGAIN S02°04'03"W 1022.53 FEET, AND AGAIN
S63°32'10"E 91.11 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 7, AND RUN THENCE
N30°37'28"E 135.62 FEET;
THENCE ALONG THE ARC OF A 240.00 FEET RADIUS CURVE TO THE LEFT A DISTANCE OF 119.62 FEET,
THE LONG CHORD OF WHICH BEARS N16°20'45"E 118.38 FEET;
THENCE N02°04'03"E 296.45 FEET;
THENCE S59°22'32"E 106.14 FEET;
EXHIBIT A TO ORDINANCE NO. 135, 2025
Page 321
Item 18.
THENCE N30°37'28"E 360.00 FEET;
THENCE S59°22'32"E 103.71 FEET;
THENCE S34°09'38"W 60.11 FEET;
THENCE S59°22'32"E 100.57 FEET;
THENCE S30°37'28"W 300.00 FEET;
THENCE S59°22'32"E 206.10 FEET;
THENCE S30°37'28"W 510.00 FEET TO A POINT ON THE NORTHERLY LINE OF LINCOLN AVENUE;
THENCE ALONG SAID NORTHERLY LINE N59°22'32"W 299.90 FEET, AND AGAIN ALONG THE ARC OF A
1206.00 FOOT RADIUS CURVE TO THE LEFT, A DISTANCE OF 42.01 FEET, THE LONG CHORD OF WHICH
BEARS N60°22'24"W 42.01 FEET TO THE POINT OF BEGINNING,
EXCEPT ANY PORTION CONVEYED IN SPECIAL WARRANTY DEED RECORDED MARCH 21, 2016 UNDER
RECEPTION NO. 20160017207,
EXCEPT ANY PORTION CONVEYED IN SPECIAL WARRANTY DEED RECORDED MARCH 28, 2016 UNDER
RECEPTION NO. 20160018391,
EXCEPT ANY PORTION CONVEYED TO THE CITY OF FORT COLLINS IN SPECIAL WARRANTY DEED
RECORDED APRIL 6, 2021 UNDER RECEPTION NO. 20210035057,
COUNTY OF LARIMER, STATE OF COLORADO.
EXHIBIT A TO ORDINANCE NO. 135, 2025
Page 322
Item 18.
File Attachments for Item:
19. Items Relating to Amendments and Updates to Tax Provisions in City Code.
A. First Reading of Ordinance No. 136, 2025, Amending Article III of Chapter 3 of the Code of
Fort Collins Relating to Liquor Occupation Tax.
B. First Reading of Ordinance No. 137, 2025, Amending Articles II and III of Chapter 25 of the
Code of Fort Collins Relating to Sales and Use Tax
C. First Reading of Ordinance No. 138, 2025, Amending Article IV of Chater 25 of the Code of
the City of Fort Collins to Increase the Threshold to Require a Written Settlement Agreement for
Lodging Tax.
The purpose of this item is to recommend amendments to the Liquor Occupation Tax, the Sales
and Use Tax, and Lodging Tax as part of the regular housekeeping and necessary updates to
promote the health, safety and welfare of the community by providing for the accurate and
efficient imposition, collection, and enforcement of the City’s taxes.
Page 323
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Sales Tax & Revenue Director
SUBJECT
Items Relating to Amendments and Updates to Tax Provisions in City Code.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 136, 2025, Amending Article III of Chapter 3 of the Code of Fort Collins
Relating to Liquor Occupation Tax.
B. First Reading of Ordinance No. 137, 2025, Amending Articles II and III of Chapter 25 of the Code of
Fort Collins Relating to Sales and Use Tax
C. First Reading of Ordinance No. 138, 2025, Amending Article IV of Chater 25 of the Code of the City of
Fort Collins to Increase the Threshold to Require a Written Settlement Agreement for Lodging Tax.
The purpose of this item is to recommend amendments to the Liquor Occupation Tax, the Sales and Use
Tax, and Lodging Tax as part of the regular housekeeping and necessary updates to promote the health,
safety and welfare of the community by providing for the accurate and efficient imposition, collection, and
enforcement of the City’s taxes.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The various provisions of the City Code relating to taxes that are being recommended for amendment are
as follows:
CHAPTER 3, ARTICLE VIII – Liquor Occupation Tax
Clarify liquor occupation tax penalty and interest in aggregate to add “annually”
Staff recommends amending Code Sec. 3-76(d) to specify that the 18 percent interest rate in the penalty
and interest section of the liquor occupation tax accrues annually, rather than monthly.
Page 324
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
CHAPTER 25, ARTICLE II
Change manufacturing use tax rebate application due date
In Code Sec. 25-65, staff recommend changing the Manufacturing Use Tax Rebate (MUTR) application
due date from June 30th to April 30th. This change will allow sufficient staff time to review the applications
and, if necessary, time for the taxpayer to petition and for staff review of any disallowed rebate amounts.
The final rebate amounts must be sent to the City’s Budget Office by mid-August to be included in the
annual adjustment process which is finalized in the fourth quarter of the same year.
CHAPTER 25, ARTICLE III
Add manufacturing equipment to sales and use tax definition section of code
Staff recommend amending Code Sec. 25-71, in Article III of Chapter 25, in order to incorporate the
definition from Code Section 25-63, in Article II of Chapter 25, of “manufacturing equipment.” While the
imposition of sales and use tax on manufacturing equipment is clear under existing code, aligning the
definition in the tax code provisions with the rebate provisions provides clarity and consistency.
Street maintenance ¼ cent tax renewal
Staff recommend updating the rate of tax in Code Sec. 25-75(a)(2) to incorporate the extension by voter
approval of the City’s ¼ cent street maintenance tax until December 31, 2045.
Change period for a taxpayer to respond or seek review of notices of denials, delinquencies, and
similar from 21 days to 30 days
Staff recommend amending the language in multiple Code Sections to allow taxpayers thirty (30) days, as
opposed to the current twenty-one (21) days, to make payment on an assessment, petition the Financial
Officer for a hearing, protest in writing to the Financial Officer, and file a final return due to the sale of the
business. Staff recommends this change to better align City Code with the Colorado Revised Statues Title
29 Section 29-2-106.1 – Deficiency notice--dispute resolution—repeal.
The Code sections being recommended for proposed amendment are: Sec. 25-94(c), Sec. 25-147(4), Sec.
25-168, Sec. 25-186(b) & 186(c) & 186(d), Sec. 25-191(a) & 191(b), Sec. 25-194(a)(1) & 194(a)(2), Sec.
25-258(e), Sec. 25-264, Sec. 25-265, Sec. 25-266, Sec. 25-276(b) & 276(c) & 276(d), and Sec. 25-
278(a)(1) & (a)(2).
Trust funds and authority to require that funds be held in a segregated account
Staff recommend amending Code Sec. 25-117 to clarify the obligation of retailers holding sales tax in trust
for the City of “tax money in possession of retailer held in trust”. to add clarification regarding segregated
accounts and to add provisions to authorize the Financial Officer to require a retailer to hold trust funds in
a segregated account when the taxpayer has previously been delinquent in remitting trust funds, has n ot
been timely in filing returns, or when the Financial Officer has good cause to conclude that trust funds are
at risk
Providing taxpayers additional time to submit a project cost report before penalty and interest apply
Staff recommend amending Code Sec. 25-119(a) to add a deadline of ninety days (90) from the certificate
of occupancy to submit a project cost report to the Financial Officer. The deadline of ninety days (90) allows
sufficient time for contractors and owners to complete and submit their project cost report, after which
penalties and interest will be applied.
Page 325
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
Payment application priority
Staff recommend amending Code Secs. 25-123(e), 25-124(e), 25-250(g), and 25-279(f) to clarify the order
in which taxpayer payments will be applied as follows: first to any penalties, second to interest, and finally
to the tax due. The City’s current tax collections software is already set up to apply payments using that
priority.
Narrow the scope of intra-City tax information sharing
Staff recommends deletion of Subsection 25-166(g) to align with standard industry practices requiring that
individual taxpayer information be collected and used for tax administration purposes.
Coordinated audits
Staff recommend amending Code Sec. 25-173 to align the periods limiting the City’s right to recover
amounts assessed through a coordinated audit with the periods which apply to other audits.
Lookback period for audits
Staff recommend amending Code Sec. 25-186(c), concerning the lookback period for audits, by referencing
the three-year period in City Code Sec 25-225(a), rather than restating that period.
Taxpayer protest processes
Staff recommend amending Code Secs. 25-186(d), 25-186(e), and 25-220 to clarify and update the process
by which a taxpayer may protest a notice of determination, assessment and demand for payment, or a tax
deficiency owed or as a result of an audit by filing a petition for review by the Financial Officer.
Change to expressly include items that may have a lien in the lien and distraint sections of code
Staff recommends amending Code Sec. 25-189(a), providing clarity on the City’s existing authority to
collect unpaid taxes and updating outdated language and practices.
Increase the dollar threshold that requires a settlement agreement (sales tax)
Staff recommend increasing the amount that requires a settlement agreement on a waiver of sales and
use tax be increased from $10,000 to $25,000 in Code Sec. 25-198(c), reducing staff time across several
service areas.
A settlement agreement requires a signature from the legal department and the City’s Financial Officer.
Currently, waivers on a tax audit are usually for either a portion or all of the 10% penalty on the tax
deficiency. The waivers do not require the taxpayer to file a formal petition, but a request for the waiver is
submitted by the taxpayer to show good cause. Other waivers may include waiving the 10% penalty and
1.0% monthly interest on a single return which will typically be well below the threshold.
Chapter 25 of the Code allows the Financial Officer to compromise for good cause and settle assessed
taxes or potential claim to taxes, penalties, interest, collection costs and other charges due to the City.
Good cause may include legal and factual considerations, considerations of fairness and justice, and the
financial inability of the taxpayer to pay a greater amount.
Page 326
Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
CHAPTER 25, ARTICLE IV
Increase the dollar threshold that requires a settlement agreement (lodging tax)
Staff recommend increasing the amount that requires a settlement agreement on a waiver of lodging tax
from $2,500 to $25,000 in Code Sec. 25-281(c). This change to the Lodging Tax Code would align with the
recommended increase in the threshold described above for sales and use tax settlement agreements and
achieve the same efficiencies across several service areas.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 136, 2025
2. Ordinance No. 137, 2025
3. Ordinance No. 138, 2025
Page 327
Item 19.
-1-
ORDINANCE NO. 136, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE III OF CHAPTER 3 OF THE CODE OF FORT COLLINS
RELATING TO LIQUOR OCCUPATION TAX
A. Businesses that sell at retail any fermented malt beverage, malt, special
malt, vinous, or spirituous liquors within the City of Fort Collins are required to pay an
annual occupation tax (the “Liquor Occupation Tax”).
B. Provisions of the City Code relating to the Liquor Occupation Tax are
currently found in Article III of Chapter 3 of the City Code, as amended.
D. City staff reviewed Section 3-76 of the Code, in which the Liquor Occupation
Tax is imposed, and recommended a Code amendment to specify that the 18 percent
interest rate accrues annually, rather than monthly.
F. City Council hereby finds that amending the Liquor Occupation Tax as
proposed in this Ordinance is in the best interests of the City and its taxpayers and
promotes the health, safety and welfare of the community by providing for the accurate
and efficient imposition, collection, and enforcement of the City’s taxes.
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 Subsection (d) of Section 3-76 of the Code of the City of Fort Collins
is hereby amended to read as follows:
Sec. 3-76. Occupation tax.
. . .
(d) If any person fails to pay the tax when due, there shall be added to the amount
owing a penalty equal to the sum of fifteen dollars ($15.) or ten (10) percent thereof,
whichever is greater, and interest on such delinquent taxes at the rate imposed by § 25 -
188 plus one-half (0.5) percent per month from the date the tax was due, not exceeding
eighteen (18) percent annual interest in the aggregate.
. . .
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Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
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ORDINANCE NO. 137, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLES II AND III OF CHAPTER 25 OF THE
CODE OF THE CITY OF FORT COLLINS RELATING TO SALES
AND USE TAXES
A. Article XX, Section 6(g) of the Colorado Constitution grants to the City of
Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes
for municipal purposes, subject to any limitations in the Colorado Constitution.
B. On November 16, 1967, the City Council, in the exercise of its home rul e
taxing powers, adopted Ordinance No. 058, 1967, to levy, collect, and enforce beginning
on January 1, 1968, a sales and use tax on the purchase of tangible personal property
sold at retail in the City and on certain taxable services provided in the City.
C. Provisions of the Code relating to tax are currently found in Chapter 25,
which has been significantly amended many times since its adoption in 1967.
D. City staff reviewed the Code provisions and recommended further
amendments to simplify the Code’s language, secure productive tax administration, and
ensure the best use of city-collected funds.
E. The effect of the updates recommended by City staff are to:
Change the Manufacturing Use Tax Rebate application due date in
Code Section 25-65 from June 30 to April 30 to provide additional time
for staff review and for applicants to petition for additional review of
disallowed rebate amounts;
Add the same definition of “manufacturing equipment” from Article II of
Chapter 25 (Manufacturing Use Tax Rebate) to the sales and use tax
definitions in Code Section 25-71 for clarity and consistency between
Articles II and II of Chapter 25;
Update the rate of tax in Code Section 25-75(a)(2) to reflect the approval
by voters of the extension of the City’s ¼ cent street maintenance tax
until December 31, 2045;
Amend various provisions of the Code to increase from twenty-one (21)
days to thirty (30) days the period which taxpayers have to make
payment on an assessment, petition the Financial Officer for a hearing,
protest in writing to the Financial Officer, and file a final return due to the
sale of the business to align the Code with Colorado Revised Statu tes
(C.R.S.) § 29-2-106.1; Code provisions with amendments
recommended to effectuate the thirty (30) day period are located in
Sections 25-94, 25-147, 25-168, 25-186, 25-191, 25-194, 25-258, 25-
264, 25-265, 25-266, 25-276, and 25-278;
Amend Code Section 25-117 to further clarify a retailer’s responsibility
to hold sales taxes in trust for the City and to add provisions to authorize
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the Financial Officer to require a retailer to hold trust funds in a
segregated account when the taxpayer has previously been delinquent
in remitting trust funds, has not been timely in filing returns, or when the
Financial Officer has good cause to conclude that trust funds are at risk;
Add a deadline of ninety days (90) from the certificate of occupancy for
a contractor to submit a project cost report to Code Sec 25-119(a) to
allow contractors and owners sufficient time to complete and submit
the report before penalties and interest will apply;
Amend Code Sections 25-123, 25-124, 25-250, and 25-279 to specify
the order in which taxpayer payments will be applied: first t o any
penalties, second to interest, and finally to the tax due;
Remove Subsection 25-166(g) of the Code to align with standard
industry practices requiring that individual taxpayer information be
collected and used for tax administration purposes;
Amend Code Section 25-173 to align the periods limiting the City’s right
to recover amounts assessed through a coordinated audit with the
periods that apply to other audits;
Amend for clarity Subsection 25-186(c), concerning the lookback period
for audits, by incorporating by reference the three-year period in
Subsection 25-225(a), rather than restating that period;
Amend Code Sections 25-186 and 25-220 to clarify and update the
process by which a taxpayer may protest a notice of determination,
assessment and demand for payment, or a tax deficiency owed or as a
result of an audit by petition for review by the Financial Officer;
Amend Code Section 25-189 to provide clarity on existing authority to
collect unpaid taxes and to update outdated language and practices
relating thereto; and
Increase the threshold in Subsection 25-198(c) of the Code, requiring a
written settlement agreement, from $10,000 to $25,000 to save staff time
across several service areas.
F. City Council hereby finds that amending the City Code as proposed in this
Ordinance is in the best interests of the City and its taxpayers and promotes the health,
safety and welfare of the community by providing for the accurate and efficient imposition,
collection, and enforcement of the City’s taxes.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 25-65 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 25-65. Application for rebate.
Application for the manufacturing equipment use tax rebate on qualifying manufacturing
equipment shall be made on forms to be provided by the City. In order to qualify for such
rebate, the application must be filed by JuneApril 30th of the year following the year in
which the use taxes for which a rebate is requested were paid. Only one (1) application
shall be filed per qualifying manufacturer.
Section 2. Section 25-71 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition “Manufacturing equipment” which reads in
its entirety as follows:
Manufacturing equipment means equipment to be used in the City that is necessary and
essential to the operation or performance of an integrated series of operations that places
a product, article, substance, commodity, or other tangible personal property in a form,
composition, or character different from that in which it was acquired, whether for sale or
for use by a qualifying manufacturer. The change in form, composition, or character must
result in a new product, article, substance or commodity that is different from and has a
distinct name, character, or use from the raw or prepared materials.
Section 3. Section 25-75 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-75. Rate of tax.
(a) The amount of tax hereby levied is four and thirty-five hundredths (4.35) percent
of the purchase price of tangible personal property and taxable services except that the
amount of use tax levied on manufacturing equipment is three (3) percent of the purch ase
price. This tax is composed of a rate of two and twenty-five hundredths (2.25) percent
that does not expire and is not restricted in the use of its proceeds and the remaining rate
of two and ten hundredths (2.10) percent is comprised of the following v oter-approved
taxes:
. . .
(2) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on
December 31, 20252045, the proceeds of which are to be used for the purpose of
paying the costs of planning, design, right-of-way acquisition, incidental upgrades
and other costs associated with the repair and renovation of City streets, including,
but not limited to, curbs, gutters, bridges, sidewalks, parkways, shoulders and
medians;
. . .
Section 4. Section 25-94 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 25-94. Exempt organization license; application procedure.
. . .
(c) Upon receipt of an application, the Financial Officer shall examine the same and
shall give written notice to the applicant of his or her decision thereon. An applicant whose
application has been denied may, within twenty-one (21)thirty (30) days after such
decision is mailed, petition the Financial Officer for a hearing on the claim. The Financial
Officer shall notify the applicant in writing of the time and place of the hearing. After such
hearing, the Financial Officer shall make such order in the matter as he or shethey deems
just and proper and shall furnish a copy of such final order to the applicant.
. . .
Section 5. Section 25-117 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-117. Tax money in possession of retailer held in trust.
All sums of money paid by a purchaser to a retailer as taxes imposed by this Article shall
be and remain public monies that are the property of the City. The retailer, as trustee,
shall hold such monies in trust for the sole use and benefit of the City unt il paidremitted
to the Financial Officer as herein provided. It shall be unlawful for any retailer to fail or
refuse to remit to the Finance Officer all such trust funds.
The Financial Officer may require a retailer to hold trust funds segregated or separ ated
from other amounts in a special account at a bank or other financial institution if the retailer
is or has been delinquent in remitting sales tax, has not timely filed tax returns, or if the
Financial Officer has good cause to conclude that trust funds are at risk of being converted
for the retailer’s use, such as but not limited to, knowledge that a retailer’s business may
be sold, transferred, abandoned, dissolved, terminated, or become insolvent .
Section 6. Section 25-119 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-119. Tax on construction materials and supplies.
(a) Any person who shall build, construct, reconstruct, alter, expand, modify or
improve any building, dwelling or other structure or improvement to real property in the
City and who shall purchase or acquire fixtures, minerals or any other construction
materials and supplies used therefor or any tangible personal property used therein from
sources within or without the City and the owner of the real property shall be jointly and
severally responsible for paying the tax set out in this Article. Prior to the iss uance of a
building permit, an amount of tax to be held on deposit shall be estimated by determining
the building value for permit purposes and multiplying that value by a percentage
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prescribed by the Financial Officer, which amount shall be collected by t he City through
the owner or contractor. Upon payment of such sales or use tax deposit, the City shall
issue a sales or use tax receipt identifying the address for which the purchase is being
made and the City building permit number. It shall be the duty of the owner and/or
contractor and subcontractors who are hired to do the above stated work or any portion
thereof to submit a project cost report to the Financial Officer, within ninety (90) days from
the date of issuance of the certificate of occupancy after which penalties and interest will
be applied, on forms authorized by the Financial Officer, stating the actual amounts of
any purchases of fixtures, minerals or any other construction materials and supplies or
tangible personal property for such work a nd to remit any tax due in excess of the sales
or use tax deposit. In any case, the general contractor and/or owner will be held liable for
the payment of all taxes for such materials.
. . .
Section 7. Section 25-123 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-123. Remittance of sales tax collected by retailer.
. . .
(d) If any retailer shall, during any reporting period, collect as a sales tax an amount
in excess of the rate stated in § 25-75 of this Article, the retailer shall remit to the Financial
Officer the full amount of the sales tax imposed and such excess.
(e) If any amount of sales tax is not remitted on or before the date due, penalties and
interest as set forth in Subsection 25-186(a) of this Article shall be paid by the retailer for
the period from the date due to the date paid.
(f) Any retailer that collects and remits sales tax to the Financial Officer as provided
in this Article may use an electronic database of state addresses that is cert ified by the
State Department of Revenue, pursuant to SectionC.R.S. § 39-26-105.3, C.R.S., to
determine the jurisdictions to which tax is owed.
(g) Any retailer that uses the data contained in an electronic database certified by the
state Department of Revenue pursuant to SectionC.R.S. § 39-26-105.3, C.R.S., to
determine the jurisdictions to which tax is owed shall be held harmless for any tax, penalty
or interest owed the City that otherwise would be due solely as a result of an error in the
electronic database, provided that the retailer demonstrates that it used the most current
information available in such electronic database on the date that the sale occurred. Each
retailer shall keep and preserve such records as prescribed by the Financial Officer to
demonstrate that it used the most current information available in the electronic database
on the date that the sale occurred. Notwithstanding the a bove, if the error in collecting
and remitting is a result of a deceptive or false representation or fraud, the provisions of
this Section shall not apply.
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(h) Untimely payments, partial payments, or any payment insufficient for a deficiency,
will be first applied to penalty and collection costs, if any, secondly to accrued interest,
and lastly, to the tax itself.
Section 8. Section 25-124 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-124. Remittance of use tax.
. . .
(c) If any amount of use tax is not remitted on or before the date due, penalties and
interest as set forth in Subsection 25-186(a) of this Article shall be paid by the taxpayer
for the period from the date due to the date paid.
(d) Untimely payments, partial payments, or any payment insufficient for a deficiency,
will be first applied to penalty and collection costs, if any, secondly to accrued interest,
and lastly, to the tax itself.
Section 9. Section 25-147 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-147. Procedure for refund of disputed tax.
A refund shall be made or credit allowed for the tax paid under dispute by any person
who claims that the transaction or item was not taxable, claims an exemption as provided
in this Article, or claims that taxes were paid in error or by mistake. Such refund or credit
shall be made by the Financial Officer after compliance with the following:
(1) Application. An application for a refund or credit of sales or use tax paid
under dispute, paid in error by a purchaser or user who claims an exemption under
Subsection 25-73(c) or Subsection 25-74(b) of this Article, or paid in error or by
mistake shall be made within three (3) years after the date of purchase, storage,
use or consumption of the goods or services whereon a refund or credit is claimed.
Such applications must be accompanied by the original paid invoice or sales
receipt and must be made upon such forms as shall be presc ribed and furnished
by the Financial Officer;
. . .
(4) Hearing. An applicant whose application for a refund has been denied may,
within twenty-one (21)thirty (30) days after such decision is mailed, petition the
Financial Officer for a hearing on the claim. The Financial Officer shall notify the
applicant in writing of the time and place of the hearing. After such hearing, the
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Financial Officer shall make such order in the matter as he or shethey deems just
and proper and shall furnish a copy of such final order to the applicant.
Section 10. Section 25-166(e) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-166. Preservation of returns and other records; confidentiality.
. . .
(e) Notwithstanding the provisions of this Section, the Financial Officer may furnish to
the taxing officials of the State or its political subdivisions, any other state or its political
subdivisions or the United States any information contained in any application, report,
return or any other document if the recipient jurisdiction agrees with the Financial Officer
to grant similar privileges to the City and if such information is to be used by the jurisdiction
only for tax-related purposes, except as provided in §Subsection 25-173(e) of this Article.
Section 11. Section 25-166 of the Code of the City of Fort Collins is hereby
amended by the deletion of subsection (g) in its entirety.
(g) Notwithstanding the provisions of this Section, the Financial Officer may disclose
financial information within the City organization or to City contractors as required for the
conduct of City business or in furtherance of City purposes and objectives, so long as the
release of the information is conditioned upon reasonable precautions and requirements
to prevent disclosure of said information to the public.
Section 12. Section 25-168 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-168. Examination of returns; recomputation, credits, deficiencies.
As soon as practicable after a return is filed, the Financial Officer shall examine it. If it
appears that the correct amount of tax to be remitted may be greater or less than that
shown in the return, the tax shall be recomputed by the Financial Officer. If the amount
paid exceeds that which is due, the excess shall be refunded or credited against any
subsequent remittance from the taxpayer. If the amount paid is less than the amount due
and any part of the deficiency is due to negligence or intentional di sregard of the
provisions of this Article or of authorized rules and regulations of the City with knowledge
thereof but without intent to defraud, the amount of the deficiency together with a penalty
of ten (10) percent of the amount of the deficiency plus interest on the deficiency at the
rate imposed under § 25-188 of this Article from the date the return and the tax was due
shall be due and payable by the taxpayer within twenty-one (21)thirty (30) days after
written notice of determination, assessment an d demand for payment is mailed to the
taxpayer by the Financial Officer as provided in §Subsection 25-186(b) of this Article. If
any part of the deficiency is due to fraud with the intent to evade the tax, then there shall
be added a penalty of one hundred (100) percent of the deficiency and in such case, the
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amount of the deficiency, the penalty and interest calculated as stated above shall be due
and payable by the taxpayer within twenty-one (21)thirty (30) days after written notice of
determination, assessment and demand for payment is mailed to the taxpayer by the
Financial Officer and an additional amount of three (3) percent per month on such amount
shall be added from the date the return and tax was due until paid. The taxpayer may
protest the notice of determination, assessment and demand for payment issued under
this sSection as provided in § 25-186 of this Article.
Section 13. The title of Section 25-169 of the Code of the City of Fort Collins is
hereby amended to read as follows:
Sec. 25-169. Investigation of records relating to taxes, hearing.
. . .
Section 14. Section 25-173 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-173. Coordinated audit.
(a) Any taxpayer licensed in the City pursuant to § 25-91 of this Article, and holding a
similar sales tax license in at least four (4) other Colorado municipalities that administer
their own sales tax collection, may request a coordinated audit as provided herein.
(b) Within fourteen (14) days of receipt of notice of an intended audit by any
municipality that administers its own sales tax collection, the taxpayer may provide to the
Financial Officer of the City, by certified mail, return receipt requested, a written request
for a coordinated audit indicating the municipality from which the notice of intended audit
was received and the name of the official who issued such notice. Such request shall
include a list of those Colorado municipalities utilizing local collection of their sales tax in
which the taxpayer holds a current sales tax license and a declaration that the taxpayer
will sign a waiver of any passage-of-time based limitationconsent to the extension of the
period of limitation upon the City's right to recover taxamounts owed by the taxpayer for
the audit period.
(c) Except as provided in Subsection (g) of this Section, any taxpayer that submits a
complete request for a coordinated audit and promptly signs a waiver of thirty-six (36)
monthsconsents to the extension of the period of limitation may be audited by the City
during the twelve (12) months after such request is submitted only through a coordinated
audit involving all municipalities electing to participate in such an audit.
(d) If the City desires to participate in the audit of a taxpayer that submits a complete
request for a coordinated audit pursuant to Subsection (c) of this Section, the Financial
Officer shall so notify the finance director of the municipality whose notice of audit
prompted the taxpayer's request within ten (10) days after receipt of the taxpayer's
request for a coordinated audit. The Financial Officer shall then cooperate with other
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participating municipalities in the development of arrangements for the coordinated audit,
including arrangement of the time during which the coordinated audit will be conducted,
the period of time to be covered by the audit, and a coordinated notice to the taxpayer of
those records most likely to be required for completion of the coordinated audit.
(e) If the taxpayer's request for a coordinated audit was in response to a notice of audit
issued by the City, the City's Financial Officer shall facilitate arrangements between the
City and other municipalities participating in the coordinated audit unless and until an
official from some other participating municipality agrees to assume this responsibility.
The Financial Officer shall cooperate with other participating municipalities to, whenever
practicable,to minimize the number of auditors thatwho will be present on the taxpayer's
premises to conduct the coordinated audit on behalf of the participating municipalities.
Information obtained by or on behalf of those municipalities participating in the
coordinated audit may be shared only among such participating municipalities.
. . .
(g) The coordinated audit procedure set forth in this Section shall not apply:
. . .
(3) When a taxpayer refuses to promptly sign a waiver of thirty-six (36) months;
or
(4) When a taxpayer fails to provide a timely and complete request for a
coordinated audit as provided in Subsection (b).consent to the extension of the
period of limitation upon the City’s right to recover amounts owed for the audit
period.
Section 15. Section 25-186 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-186. Failure to make return; estimate of taxes; notices; appeal; audit.
(a) If any person fails, neglects or refuses to collect tax or to file a return and pay the
tax as required by this Article, the Financial Officer shall make an estimate of the tax due
based on available information and shall add thereto interest on such delinquent taxes at
the rate imposed by § 25-188 of this Article plus one-half (0.5) percent per month from
the date the return and tax was due.
(b) The Financial Officer shall serve upon the delinquent taxpayer personally, by first-
class mail or certified mail directed to the last address of the taxpayer on file with the City,
or by electronic mail directed to the last such address on file with the Ci ty, written notice
of such estimated taxes, penalty and interest. Such notice shall constitute a notice of
determination, assessment and demand for payment and, which payment shall be due
and payable within twenty-one (21)thirty (30) days from the date the notice is mailed.
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(c) The Financial Officer may at any time within three (3) years of the date a tax is
due, pursuant to the limits in § 25-225 of this Article, serve upon any taxpayer personally,
by first-class mail or certified mail directed to the last address of the taxpayer on file with
the City, or by electronic mail directed to the last such address on file with the City, a
written notice of audit notifying the taxpayer that the Financial Officer will be conducting
an audit of the taxpayer's books and records to determine the exact amount of any tax,
penalty, interest, collection costs and other charges due. Within thirty (30) days of the
date such notice is mailed or within such longer time period as permitted by the Financial
Officer, the taxpayer shall make available to Financial Officer all of the taxpayer's relevant
books and records requested by the Financial Officer for the audit. If as a result of the
audit the Financial Officer determines the taxpayer owes the City any additional tax,
penalties, interest, collection costs or other charges under this Article, the Financial
Officer shall serve upon the taxpayer a notice of determination, assessment and demand
for payment for such tax deficiency as provided in paragraph (b) above and payment sh all
be due and payable twenty-one (21)thirty (30) days from the date such notice is mailed.
If as a result of the audit the Financial Officer determines the taxpayer has overpaid tax
to the City, the Financial Officer shall serve upon the taxpayer a notice of overpayment.
Taxpayer must sign and submit the notice back to the Financial Officer within thirty (30)
days from the date such notice is mailed to be entitled to a refund or credit in the amount
of the overpayment.
(d) A taxpayer may protest a notice of determination, assessment and demand for
payment issued to a taxpayer for failure to file a return, tax deficiency owed or as a result
of an audit by submitting the protestan appeal petition in writing to the Financial Officer
within twenty-one (21)thirty (30) days from the date the notice of determination,
assessment and demand for payment is mailed to the taxpayer. Any suchA written
protestpetition shall must be submitted under oath by the taxpayer or the taxpayer’s
authorized representative and must include: identify the name, mailing address, phone
number, electronic mail address, and sales and use tax license number of the taxpayer;
the amount of tax disputedand the tax periods in dispute; a statement of the facts and
laws on which the protest is based; the taxpayer’s requested change; and whether the
taxpayer is requesting a hearing or a decision after review of submitted documents., the
basis for the protest and be given under oath by the taxpayer or the taxpayer's authorized
representative. Such protest may include a request for a hearing. It shall also include a
physical, post office box or email address to which the taxpayer wishe s the Financial
Officer's written order issued in paragraph (e) below to be sent when issued. In lieu of a
hearing, the taxpayer and the City may agree to file written briefs and such other written
materials or documents relating to the matter and request the Financial Officer to consider
the appeal without a hearing. The submission of written material shall be considered for
all purposes the same as a request for and submission of testimony and material at a
hearing.
(e) In response to the written protest, if a hearing was requested, the Financial Officer
shall notify the taxpayer in writing of the time and place of the hearing. The hearing is
informal and may be conducted in person or remotely, pursuant to § 25-220 of this Article.
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After such hearing, or after a consideration of the facts and figures contained in the protest
if no hearing is requesteddocuments if no hearing is requested, the Financial Officer shall
make such written order inwill provide a decision in writing on the matter as he or shethey
deems just and proper and shall furnishmust provide a copy of that orderdecision to the
taxpayer by first class or certified mail or by email as directed in the protest filed by the
taxpayer.
Section 16. Section 25-189 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-189. Tax constitutes lien.
(a) The sales and use tax imposed by this Article, together with all penalties, interest,
collection costs and other charges pertaining thereto, is a first and prior lien superior to
all other liens or claims upon the tangible personal property sold, purchased, stored, used,
distributed or consumed, goods, stock-in-trade and business furniture and fixtures, tools,
equipment, cash bank accounts, and accounts receivable in which the retailer has an
ownership interest or used by the retailer under lease, lease sale, title retaining contracts,
or other contract arrangement, except for goods that have been purchased in the ordinary
course of business by retail purchasers and such lien takes priority over other liens or
claims of whatsoever kind or nature on such property.
. . .
(c) Whenever the business or property of any taxpayer is placed in receivership,
bankruptcy, seized under distraint for nonpayment of property taxes or an assignment is
made for the benefit of creditors, all taxes, penalties, interest, collection costs , and other
charges imposed by this Article and for which the taxpayer is in any way liable under this
Article are a prior and preferred claim against all t he property of the taxpayer, except as
to preexisting claims or liens of a bona fide mortgagee, pledgee, judgment creditor or
purchaser whose rights have attached prior to the filing of the notice of lien provided for
in (d) below, on the property of the taxpayer, other than the goods, stock-in-trade and
business fixtures of such taxpayer. No sheriff, receiver, assignee or other officer shall sell
the property of any taxpayer subject to the provisions of this Article under process or order
of any court without first ascertaining from the Financial Officer the amount of tax
deficiency due and payable under this Article. If there is any such tax deficiency owing or
unpaid, it is the duty of such officer to first pay that amount out of the proceeds of such
sale before paying any monies to judgment creditors or other claimants, except that the
officer may pay costs of the proceedings and other preexisting liens or claims as provided
in this Subsection (c).
. . .
Section 17. Section 25-191 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 25-191. Sale of business subject to lien.
(a) Any person who sells a business or stock of goods or closes a business shall
complete and file the returns required under this Article and pay any tax deficiency due
within twenty-one (21)thirty (30) days of the date on which such person sold the business
or stock of goods or closed the business and indicate that it is a final return, that the
business is sold or closed, and the name and address of the purchaser of the business,
if any.
(b) A purchaser of a business who has acquired the furniture, fixtures and/or
equipment of the business shall withhold sufficient funds from the purchase money to
cover the amount of the tax deficiency, imposed by t his Article due and unpaid until the
seller provides a receipt from the Financial Officer showing that such tax deficiency has
been paid. If a tax deficiency imposed by this Article is due and unpaid after the twenty-
one (21)thirty (30) day period herein provided, such purchaser of the business is
personally liable for the payment of that tax deficiency to the City to the same extent as
the seller of the business or stock of goods.
Section 18. Section 25-194 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-194. Enforcing the collection of taxes due.
(a) The Financial Officer may issue a warrant directed to any employee, agent or
representative of the City or any sheriff of any county of the State, commanding such
person either to distrain, seize and sell any personal property in which the taxpayer has
an ownership interest, except such property as is exempt from the execution and sale by
any statute of the State, or to demand such person to surrender, discharge, or release
amounts held in a bank account for the payment of tax due together with interest,
penalties, collection costs and other charges thereon in the following circumstances:
(1) When any assessed tax deficiency is not paid within twenty-one (21)thirty
(30) days from the date of mailing of the notice of determination, assessment and
demand for payment and no hearing or extension has been requested in a timely
manner;
(2) When assessed tax deficiency is not paid within twenty-one (21)thirty (30)
days from the date of mailing of the notice of determination, assessment and
demand for payment and no appeal from such notice has been docketed within
twenty-eight (28) days after such notice in a court having jurisdiction, except that
if the Financial Officer finds that collection of the tax deficiency will be jeopardized
during such period, the Financial Officer may immediately issue a distraint warrant;
. . .
Page 341
Item 19.
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(4) Immediately upon making a jeopardy assessment or issuing a demand for
payment upon jeopardy assessment as provided in § 25-193 of this Article; or
(5) After or concurrently with the filing of a notice of lien as provided in
§Subsection 25-189(d) of this Article.
(b) The Financial Officer may apply to the Judge of the City's Municipal Court for a
warrant authorizing the Financial Officer to search for and seize property located within
the City limits for the purpose of enforcing the collection of any tax deficiency owed under
this Article. The Municipal Judge shall issue such warrant after the Financ ial Officer
demonstrates that:
. . .
(2) At least one (1) of the preconditions of (a) above has been satisfied; but if
a jeopardy assessment has been declared under § 25-193 of this Article, the
Financial Officer must set forth the reasons that collect ion of the tax will be
jeopardized.
(c) The procedures to be followed in issuing and executing a warrant pursuant to
Subsection (b) aboveof this Section shall comply with the Colorado Municipal Court Rules
of Procedure, Rule 241(c) and (d).
. . .
(g) In the case where a taxpayer has refused or neglected to pay any tax deficiency
due to the City under this Article and a lien has been filed as provided in §Subsection 25-
189(d) of this Article, the Financial Officer may, in addition to pursuing other collection
remedies, certify the amount of the tax deficiency, together with ten (10) percent of the
delinquent amount for costs of county collection, to the County Treasurer to be levied
against the person's property for collection by the County in the same m anner as
delinquent general taxes upon such property are collected. Before certifying such
amounts to the County for collection, the Financial Officer shall provide to the property
owner an opportunity for a hearing to contest the authority of the City to impose and collect
the tax deficiency, or the amount thereof. The Financial Officer shall mail the notice to the
property owner by first class mail addressed to the last known owner of the property on
the records of the County Assessor. If the Financial Officer's decision after a hearing
affirms the imposition of charges, the decision shall include notice that the charges are
due and payable within fourteen (14) days of the date of the decision and that, if not paid
when due, they will be certified to the County Treasurer for collection, along with ten (10)
percent of the charges for the cost of county collection. Whenever the Financial Officer
certifies any such amounts to the County Treasurer for collection, the Financial Officer
shall record notice of such certification with the county Clerk and Recorder.
Section 19. Section 25-198 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Page 342
Item 19.
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Sec. 25-198. Compromise and settlement by Financial Officer.
. . .
(c) Whenever a settlement by the Financial Officer results in a compromise of an
assessed amount of ten thousand dollars ($10,000)twenty-five thousand dollars
($25,000) or more or for a potential claim the amount of which cannot be reasonably
determined, a written settlement agreement between the City and the taxpayer shall be
required as a condition of settlement. The fully executed settlement agreement shall be
retained in the files of Financial Services together with the Financial Officer's opinion.
. . .
Section 20. Section 25-216 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-216. Review of decisions of Financial Officer.
The taxpayer may apply for a review of the decision of the Financial Officer in a hearing
held pursuant to § 25-169 of this Article. Such review may be in the dDistrict cCourt or
the City's Municipal Court and the proceedings shall be conducted in accordance with
Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The review must be sought no
later than twenty-eight (28) days after the date of the final decision of the Financial Officer.
The taxpayer may also seek review as provided in C.R.S § 29 -2-106.1 until June 30,
2025, and C.R.S. § 29-2-302 thereafter.
Section 21. Section 25-220 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-220. Hearings to be held in City.
Every hHearings before the Financial Officer shall be held in the Citymay be conducted
in person in the City or remotely using remote technologies. For purposes of this Section,
remote technology means telephonic, online platforms or other technological methods or
a combination thereof, used to conduct or participate in a hearing without being in the
same physical location as other participants. The Financial Officer will determine, giving
consideration to fairness, justice, and efficiency, if a hearing will be conducted in person
or remotely.
Section 22. Section 25-226 of the Code of the City of Fort Collins is hereby
deleted in its entirety and held in reserve.
Sec. 25-226. Notice of sales and use tax ordinance amendment.
Page 343
Item 19.
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(a) In order to initiate a central register of sales and use tax ordinances for
municipalities that administer local sales tax collection, the Financial Officer of the City
shall file with the Colorado Municipal League prior to the effective date of this Secti on a
copy of the City sales and use tax ordinance reflecting all provisions in effect on the
effective date of this Section.
(b) In order to keep current the central register of sales and use tax ordinances for
municipalities that administer local sales tax collection, the Financial Officer of the City
shall file with the Colorado Municipal League prior to the effective date of any amendment
a copy of each sales and use tax ordinance amendment enacted by the City.
(c) Failure of the City to file such ordinance or ordinance amendment pursuant to this
Section shall not invalidate any provision of the sales and use tax ordinance or any
amendment thereto.
Section 23. Section 25-281(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-281. Compromise and settlement by financial officer.
. . .
(c) Whenever a settlement by the Financial Officer results in a compromise of an
assessed amount of two thousand five hundred dollars ($2,500.)twenty-five thousand
dollars ($25,000.) or more or for a potential claim the amount of which cannot be
reasonably determined, a written settlement agreement between the City and the
taxpayer shall be required as a condition of settlement. The fully executed settlement
agreement shall be retained in the files of Financial Services together with the Financial
Officer's opinion.
. . .
Page 344
Item 19.
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Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 345
Item 19.
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ORDINANCE NO. 138, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 25 OF THE CODE OF
THE CITY OF FORT COLLINS TO INCREASE THE THRESHOLD
TO REQUIRE A WRITTEN SETTLEMENT AGREEMENT FOR
LODGING TAX
A. Article XX, Section 6(g) of the Colorado Constitution grants to the City of
Fort Collins, as a home rule municipality, all powers necessary to levy and collect taxes
for municipal purposes, subject to any limitations in the Colorado Constitution.
B. On February 21, 1984, the City Council, in the exercise of its home rule
taxing powers, adopted Ordinance No. 20, 1984, adding a new chapter to the City Code
to levy, collect and enforce a tax on the price of lodging accommodations provided in the
City (the “Lodging Tax Code”).
C. Provisions of the Lodging Tax Code relating to tax are currently found in
Article IV of Chapter 25 of the City Code, as amended since its adoption in 1984.
D. City staff reviewed the provisions of the Lodging Tax Code and
recommended a further amendment to increase the threshold in Subsection 25-281(c) of
the Code, requiring a written settlement agreement, from $10,000 to $25,000 for the
purpose of efficiency, saving staff time across several service areas.
F. City Council hereby finds that amending the Lodging Tax Code as proposed
in this Ordinance is in the best interests of the City and its taxpayers and promotes the
health, safety and welfare of the community by providing for the accurate and efficient
imposition, collection, and enforcement of the City’s taxes.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 25-281(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-281. Compromise and settlement by financial officer.
. . .
(c) Whenever a settlement by the Financial Officer results in a compromise of an
assessed amount of two thousand five hundred dollars ($2,500.)twenty-five thousand
dollars ($25,000.) or more or for a potential claim the amount of which cannot be
reasonably determined, a written settlement agreement between the City and the
taxpayer shall be required as a condition of settlement. The fully executed settlement
agreement shall be retained in the files of Financial Services together with the Financial
Officer's opinion.
Page 346
Item 19.
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. . .
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 347
Item 19.
File Attachments for Item:
20. First Reading of Ordinance No. 139, 2025, Amending Section 15-383 of the Code of
the City of Fort Collins Regarding the Licensing of Outdoor Vendors .
The purpose of this item is to recommend amending the Outdoor Vendors Code to adopt an
annual expiration date of the license issued by the City to align with the cadence of regulation
by other local governments and for purposes of efficient regulation of vendors by the City.
Page 348
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Sales Tax & Revenue Director
SUBJECT
First Reading of Ordinance No. 139, 2025, Amending Section 15-383 of the Code of the City of Fort
Collins Regarding the Licensing of Outdoor Vendors.
EXECUTIVE SUMMARY
The purpose of this item is to recommend amending the Outdoor Vendors Code to adopt an annual
expiration date of the license issued by the City to align with the cadence of regulation by other local
governments and for purposes of efficient regulation of vendors by the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Staff recommend amending Code Sec. 15-383(b)(c) for an outdoor vendor license to set an annual license
term that expires each year on December 31st.
Currently an outdoor vendor license is issued for a period of either six or twelve months, a rolling time
period which may commence and expire at any time during the calendar year.
This proposed amendment to the Code will align with the expiration and renewal dates of Poudre Fire
Authority and the County Health Department ensuring there is not overlap in outdoor vendors that have an
outdoor vendor license but an expired fire or health permit. Having one date for all required inspections
and renewals creates an easier application and renewal process for outdoor vendors and ensures that
outdoor vendors operating in Fort Collins are properly licensed.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 349
Item 20.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 139, 2025
Page 350
Item 20.
-1-
ORDINANCE NO. 139, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 15-383 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING THE LICENSING OF OUTDOOR VENDORS
A. In 2012, City staff completed a comprehensive study of the City’s then -
existing outdoor vendor regulations, the outcome of which was the approval, by City
Council adoption of Ordinance No. 058, 2012, of new regulations of such vendors (the
“Outdoor Vendors Code”).
B. Provisions of the Outdoor Vendors Code are currently found in Article XIV
of Chapter 15 of the City Code, as from time to time amended.
C. City staff reviewed the provisions of the Outdoor Vendors Code and
recommended a further amendment to adopt an annual expiration date of the license
issued by the City to align with the cadence of regulation by other local governments and
for purposes of efficient regulation of vendors by the City.
D. City Council hereby finds that amending the Outdoor Vendors Code as
proposed in this Ordinance is in the best interests of the City and its residents and
promotes the health, safety and welfare of the community by providing for effective and
efficient regulation of these activities.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 15-383 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-383. Application for license; license modifications.
. . .
(b) A license may be issued under this Article for a period of either six (6) months or
twelve (12) months and shall expire on December 31st of each year, except that a special
vending license as described in Subsection 15 -382(c) above may be issued for a
specified period not to exceed three (3) days.
(c) A request for a modification of a license to add new vehicles, operations or
locations or to modify other license restrictions or conditions, as applicable, shall be
submitted to the Financial Officer and shall meet all of the requirements and be reviewed
in the same manner as an application for a license hereunder. The term of a license may
not be modified to extend beyond the originally applicable six- or twelve-month
periodDecember 31st of that year.
Page 351
Item 20.
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Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 352
Item 20.
File Attachments for Item:
21. First Reading of Ordinance No. 140, 2025, Amending Article IV of Chapter 15 of the
Code of the City of Fort Collins to Update the Door-to-Door Solicitation Permitting
Processes.
The purpose of this item is to recommend amendments and updates to the City’s regulation of
door-to-door solicitors.
Page 353
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Sales Tax & Revenue Director
SUBJECT
First Reading of Ordinance No. 140, 2025, Amending Article IV of Chapter 15 of the Code of the City
of Fort Collins to Update the Door-to-Door Solicitation Permitting Processes.
EXECUTIVE SUMMARY
The purpose of this item is to recommend amendments and updates to the City’s regulation of door-to-
door solicitors.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
CHAPTER 15, ARTICLE IV – Door-to-Door Solicitation
Door-to-door solicitation program administration
Staff recommends amendment of the door-to-door solicitation provisions of the Fort Collins City Code (the
“Code”) to better align the administration of solicitor permits with other permitting processes used citywide.
Under the proposed changes, businesses engaged in door-to-door solicitation would be required to obtain
a company-wide permit and assume full responsibility for the actions of their individual solicitors.
Currently, the City Code mandates that each solicitor must obtain a City-issued badge in addition to any
company licensing requirements. The proposed amendments would streamline this by shifting more
accountability to the business, fostering a more regulated and compliant program. Notably, under the
revised structure, a complaint against a single solicitor could result in the revocation of the entire company’s
permit.
The Code provisions being recommended for amendment are Subsections 15-106(b)(1), 15-
110(b)(3)(4)(c)(d)(e), 15-111(a)(3-7)(b)(c)(d), 15-112(b), 15-114(1)(2), 15-115(3), 15-117(a)(b), 15-
120(1)(2), 15-121(3), and 15-122(a)(b), and Sections 15-123, 15-124, 15-125, 15-126, and 15-128.
CITY FINANCIAL IMPACTS
None.
Page 354
Item 21.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 140, 2025
Page 355
Item 21.
-1-
ORDINANCE NO. 140, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE IV OF CHAPTER 15 OF THE CODE OF
THE CITY OF FORT COLLINS TO UPDATE THE DOOR-TO-
DOOR SOLICITATION PERMITTING PROCESSES
A. In 1938, the City Council adopted Ordinance No. 002, 1938, prohibiting
solicitors from going in or upon private residences, public buildings and offices in the City,
and declaring such practice to be a nuisance.
B. In 1972, the City Council adopted regulations relating to solicitation at a
private premises for the purpose of immediate or future sale of goods, services, or
anything of value in Chapter 15, Article IV, Division I, of the City Code (the “Code”).
C. In 1994, in response to survey results and input from citizens, City Council
approved by adoption of Ordinance No. 041, 1994 the repeal and reenactment Sections
15-106 through 15-108 of Article IV, Division 1 of the Code, with revised language that
was intended to better protect the privacy and safety interests of the citizens of the City.
D. In 2002, the City Council further amended Section 15 -106, by adoption of
Ordinance No. 098, 2002, to clarify that the prohibition of door-to-door solicitation applied
only to residential premises, unless a “no trespassing” or “no solicitation” sign was posted
at or near the entrance of a business premises.
E. On May 27, 2011, the City’s prohibition on commercial door-to-door
residential solicitation was updated and replaced with the current permit system to
regulate such solicitation by City Council adoption of Ordinance No. 060, 2011, reflecting
evolving First Amendment jurisprudence.
F. The current door-to-door solicitation permit system remains an effective
regulatory scheme; however, the permits pursuant to Code are issued to individual
solicitors, which is inconsistent with other types of City licensing or permitting processes
which require a business owner to be responsible for the regulatory compliance of its
employees, representatives, or agents.
G. A review of the current door-to-door solicitation permit system also
demonstrates opportunities to create administrative efficiencies and savings by shifting
primary responsibility for compliance on business owners.
H. Council concludes that amendments to align the requirements of Article IV,
Division 1 of the Code with other City licenses and permits will consistency in City
regulation, efficient use of public resources, and continuation of the program to serve the
privacy and safety interests of City residents.
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
Page 356
Item 21.
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FORT COLLINS that Chapter 15, Article IV, Division 1 of the Code of the City of Fort
Collins is hereby amended to read as follows:
ARTICLE IV.
AUCTIONS, SPECIAL SALES AND
SOLICITATIONS
Division 1
Door-to-Door Solicitation
Sec. 15-106. Title; purpose.
. . .
(b) The provisions of this Division are intended to balance the First Amendment rights
of residential solicitors in the City with the privacy, safety, health and welfare, of the City
residents by:
(1) Requiring all commercial solicitors to conduct any door-to-door residential
solicitation within the City pursuant to a permit and in compliance with this
Divisionand identification badge issued by the City;
. . .
Sec. 15-107. Definitions.
The following words, terms and phrases, when used in this Division, shall have the
meanings ascribed to them in this Section:
. . .
Door-to-door commercial solicitation means attempting to make personal contact with a
resident at his or hertheir residence, without prior specific invitation by or appointment
with the resident, for the primary purpose of:
. . .
Door-to-door noncommercial solicitation means attempting to make personal contact with
a resident at his or her their residence, without prior specific invitation by or appointment
with the resident, for the primary purpose of:
. . .
Sec. 15-109. No-solicitation list for commercial solicitations.
Page 357
Item 21.
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(a) Any owner or lawful occupant of any residence within the City who wishes to
prohibit door-to-door commercial solicitation at his or her their residence may register the
address of such residence with the City by completing a form prepared by the Financial
Officer, which form may be submitted to the City either in person, by mail, or on the City's
website. Such registration shall take effect thirty (30) calendar days after the date of the
City's receipt of the registration form.
. . .
Sec. 15-110. Permit and identification badge required for all commercial solicitors.
. . .
(b) All permits shall be issued in the name of the applicant. Upon issuance of each
permit, the Financial Officer shall create and maintain a list of all persons authorized to
engage in door-to-door commercial solicitation under the permit. It shall be the sole
responsibility of the permit holder to:
(1) Provide a copy of the permit to each person authorized to engage in
solicitation under the permit;
(2) Ensure that each person authorized to solicit under the permit is wearing a
visible identification badge with the name of the employer, permit holder, or
commercial business represented; and
(2)(3) Ensure that each person authorized to solicit under the permit complies with
the terms and conditions of the permit and with the provisions of this Division;
(3) Notify the Financial Officer in writing of any persons to be added to or
deleted from the list of authorized solicitors; and
(4) Submit to the Financial Officer, for each person to be added to such list, the
information required under Paragraph 15 -111(a)(4), together with payment of the
identification badge fee required under Subsection 15 -111(c).
(c) The Financial Officer shall, within ten (10) business days of the City's receipt, via
mail or in person, of a complete application for a permit under this Division, issue such
permit, together with identification badges for all persons authorized to engage in door -
to-door commercial solicitation under the permit, unless the Financial Officer determines
that the permit application is denied under the criteria stated in § 15-115.
(d) Subsequent to the issuance of any permit, and upon receipt of the information and
fee required under§ 15-115 below, the Financial Officer shall, within five (5) business
days, issue an identification badge to any new or additional person to be authorized to
solicit under the permit as long as such person is not prohibited under § 15 -114. The
Financial Officer shall also, within five (5) business days, issue a replacement
Page 358
Item 21.
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identification badge to any solicitor who, by affidavit, notifies the Financial Officer that his
or her identification badge has been lost or stolen, and who pays an additional
identification badge fee as established under Subsection 15 -111(c).
(e) If an employer applies for and is granted a permit under this Division, the employer
shall be entitled to obtain identification badges from the Financial Officer for each
employee or agent authorized to solicit under the permit. The identification badges shall
contain a photograph of the solicitor, bear the words "Permitted Solicitor," include the
names of the employer and solicitor, and the expiration date of the permit.
Sec. 15-111. Application contents; fees.
(a) Each person applying for a door-to-door commercial solicitation permit shall file
with the Financial Officer an affidavit on a form supplied by the Financial Officer stating:
(1) The full name, business address and business telephone number of the
applicant;
(2) Information regarding the business as required by the Financial Officer,
including, without limitation, its legal status and proof of registration with, or a
certificate of good standing from, the Colorado Secretary of State;
(3) A complete list of all persons to be authorized to solicit under the permit and
all supervising staff;
(4) For each person authorized to solicit under a permit and all supervising
staff, the following information:
a. Names, address, telephone number and date of birth;
b. A current copy of the persons' criminal background check, as
maintained by the Colorado Bureau of Investigation, dated no more than
sixty (60) days prior to the date of the application;
c. A description of the individual including height, weight, color of eyes
and color of hair; and
d. The number and state of issuance of the individual's motor vehicle
operator's license or chauffeur's license, if any, or other state -issued photo
identification.
(5)(3) A brief explanation of the nature of the solicitation activity that requires a permit
under this Division;
(6)(4) If the applicant is a foreign corporation or an employee of such corporation, the
name, address and telephone number of an agent for process residing in the state;
Page 359
Item 21.
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(7)(5) Proof that the applicant has obtained a valid City sales and use tax license;
(8)(6) Any other information determined to be relevant by the Financial Officer.
(b) At the time of application, the applicant shall also submit a photograph of each
person to be authorized to solicit under the permit, taken no more than six (6) months
prior to the date of application, which photograph fairly depicts the appearance of the
proposed solicitor as of the date of application and which, in the judgment of the Financial
Officer, is suitable for reproduction on the identification badge to be issued by the City.
(c)(b) At the time of application, each applicant shall pay a nonrefundable fee in an
amount determined by the Financial Officer to be sufficient to defray the costs incurred
by the City in processing the application, plus an additional fee to defray the costs of
preparing and issuing an identification badge for each person to be authorized to solicit
under the permit, including the applicant. Said fees shall be nonrefundable .
(d) At the time of application, the applicant shall pay a fifty-dollar deposit for each
badge, to be refunded to the permit holder at the expiration of the term of the badge or
upon revocation or voluntary relinquishment.
Sec. 15-112. Duration of permit; renewal.
. . .
(b) Any permittee permit holder wishing to renew a permit issued under this Division
must apply for the renewal of the permit no less than thirty (30) days prior to the expiration
of its term. Said application shall be accompanied by a criminal background check as
required under § 15-111(a)(4)b for each person who is to be authorized to solicit under
the permit during the renewal term of the permit. If a permittee permit holder fails to apply
for such renewal within said thirty-day period of time, the permit will expire. The
nonrefundable renewal fee for each permittee permit holder shall be determined by the
Financial Officer in an amount sufficient to defray the costs incurred by the City in
processing the renewal application. Said fee shall be nonrefundable.
. . .
Sec. 15-114. Persons prohibited. Reserved
A person shall not be eligible for issuance of a permit or identification badge under this
Division if:
(1) Such person has been released within the ten (10) years immediately
preceding the application from any form of incarceration or court-ordered
supervision, including a deferred sentence, resulting from a conviction of any
Page 360
Item 21.
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felony or Class 1 misdemeanor under the laws of the State of Colorado or an
equivalent offense under any federal, state, county or municipal law; or
(2) A permit or an identification badge previously issued to such person by the
Financial Officer under § 15-110 has been revoked by the Financial Officer under
§ 15-120 or § 15-121 below.
Sec. 15-115. Denial of permit.
The Financial Officer shall deny an application for a permit or any renewal of a permit
under this Division if the Financial Officer determines that the applicant has:
(1) Made any material misrepresentation or false statement in the application
for the permit; or
(2) Failed to obtain a sales and use tax license as required by the City or to
remit any sales tax due the City. ; or
(3) Been convicted of a felony or Class 1 misdemeanor under the laws of the
State of Colorado or an equivalent offense under any federal, state, county or
municipal law.
. . .
Sec. 15-117. Duty to display identification badge and to exhibit permit. Reserved
(a) Any commercial solicitor engaging in door-to-door commercial solicitation under a
permit issued pursuant to this Division shall conspicuously display his or her identification
badge.
(b) Whenever requested by any police officer or by any customer or pros pective
customer, any commercial solicitor engaged in door-to-door commercial solicitation under
a permit issued pursuant to this Division shall exhibit his or her identification badge and
permit.
. . .
Sec. 15-120. Suspension or revocation of identification badge. Reserved
After written notice of no less than ten (10) calendar days and a hearing, if requested in
writing by the badge holder within twenty (20) calendar days after the date of mailing of
such notice, the Financial Officer may suspend or revoke the identification badge of any
solicitor that has engaged in any unlawful solicitation. The grounds for such suspension
or revocation may include, but shall not be limited to, the following:
(1) Failure to solicit in a manner that is in compliance with the permit and the
provisions of this Division;
Page 361
Item 21.
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(2) Soliciting in such a manner as to constitute a menace to the health, safety
or general welfare of the public.
In the event the alleged conduct that is the basis for the suspension or revocation of the
identification badge is the subject of a pending criminal or non -traffic civil citation, the
Financial Officer may either defer his or her decision regarding suspension or revocation
until such citation has been resolved or immediately proceed with th e foregoing
administrative action prior to the resolution of such citation.
Sec. 15-121. Suspension, revocation or nonrenewal of permit.
After written notice of no less than ten (10) calendar days and a hearing if requested in
writing by the badge permit holder within twenty (20) calendar days after the date of the
mailing of such notice, the Financial Officer may suspend and revoke the identification
badge permit of any permit holder or if the permit holder or its commercial solicitors that
has have engaged in any unlawful solicitation. The grounds for such suspension or
revocation may include, but shall not be limited to, the following:
(1) Fraud, misrepresentation or false statement in the application for the permit
or any renewal application, including, without limitation, representations made as
to the criminal history of any person to be authorized to solicit under the permit;
(2) Failure to obtain a sales and use tax license as required by the City or to
remit any sales tax due the City;
(3) Failure to supervise solicitation conducted under the permit so as to
reasonably ensure that such solicitation is in compliance with the terms and
conditions of the permit and with the provisions of this Division; or
(4) Authorizing, condoning or knowingly tolerating any unlawful solicitation or
any solicitation conducted in such a manner as to constitute a menace to the
health, safety or general welfare of the public.
In the event the alleged conduct that is the basis f or the suspension or revocation of the
identification badge permit is the subject of a pending criminal or non-traffic civil citation,
the Financial Officer may either defer his or her their decision regarding suspension or
revocation until such citation has been resolved or immediately proceed with the
foregoing administrative action prior to the resolution of such citation.
Sec. 15-122. Emergency summary suspension of identification badge or permit.
(a) If reasonable grounds exist to believe that the permit holder or its commercial
solicitors a permittee and/or badge holder has have engaged in illegal activity such that
the public health, safety or welfare imperatively requires emergency action, the Financial
Officer may summarily suspend the permit issued under this Division and/or badge
Page 362
Item 21.
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pending the outcome of the proceedings set forth in § 15 -120 or § 15-121 above, as
applicable.
(b) The temporary suspension of a permit or badge without notice pending a hearing
shall be for a period not to exceed fifteen (15) days.
Sec. 15-123. Displaying a badge after suspension, revocation or nonrenewal.
Reserved
No person shall display an identification badge after it has been invalidated by
suspension, revocation or nonrenewal.
Sec. 15-124. Promulgation of rules and regulations. Reserved
The Financial Officer may promulgate administrative rules and regulation s to effectuate
the purposes of this Article.
Sec. 15-125. Records. Reserved
The Financial Officer shall maintain records showing each permit issued and the alleged
violations of this Division.
Sec. 15-126. Appeal.
An applicant may appeal any decision relating to his or her the applicant’s permit by the
Financial Officer or hearing officer to the City Manager in accordance with Chapter 2,
Article VI of the City Code. The City Manager's decision shall be is final and not subject
to further appeal.
. . .
Sec. 15-128. Violations and penalties.
In addition to the revocation, suspension or denial of a permit or identification badge
issued under this Division, any applicant, permittee permit holder, or solicitor who violates
any of the provisions of this Division, and any person who violates §§ 15-108, 15-109, 15-
115 or 15-117, shall be guilty of a misdemeanor punishable in accordance with § 1 -15.
Page 363
Item 21.
-9-
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 12, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 364
Item 21.
File Attachments for Item:
22. Resolution 2025-074 Authorizing the City Manager to Execute a Grant Agreement (AIP
Project No. 3-08-0023-047-2025) Between the City of Fort Collins, the City of Loveland,
and the Federal Aviation Administration for the Runway 15-33 Widening Project at
Northern Colorado Regional Airport.
The purpose of this item is to authorize the Fort Collins City Manager to execute a grant
agreement with the Federal Aviation Administration (FAA) and the City of Loveland to secure
federal funding for the Runway 15-33 Widening Project at Northern Colorado Regional Airport
(FNL). This critical infrastructure project, identified in the Airport’s 2020 Master Plan and Capital
Improvement Plan (CIP), is necessary to bring the primary runway into compliance with FAA
design standards for aircraft such as the Airbus A319/A320 and Boeing 737, which are
commonly used in commercial aviation.
The FAA Airport Improvement Program (AIP) grant is expected to provide $16,730,725 in fiscal
year 2025 funding toward the total project cost of $19,385,103. This amount is pending final
FAA review and approval. A draft grant agreement has been provided, and the FAA anticipates
issuing the final grant during the first or second week of September. To secure the funding and
preserve the project’s eligibility under the FAA’s fiscal year 2025, the grant must be accepted no
later than September 18, 2025. The Colorado Department of Transportation’s Division of
Aeronautics will contribute $250,000 in matching funds, with the remaining local match of
$630,564 to be covered by Airport reserves.
The remaining project funding will be secured through a $1,690,254 Infrastructure Investment
and Jobs Act (IIJA) grant in fiscal year 2026, supplemented by matching contributions of
$44,480 each from CDOT and local Airport reserves. This will bring the total local funding
contribution for the project to $675,045.
The project will be delivered in two construction phases in 2026 to minimize disruption to
general aviation operations. This phased approach was developed in response to stakeholder
input and allows continued limited use of the runway during construction. Along with the new
terminal facility and the Airport’s inclusion in the Federal Contract Tower Program—which
provides air traffic control services through private contractors rather than FAA employees—this
project will strengthen the Airport’s ability to attract and retain commercial airline service.
Page 365
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Dylan Swanson, Airport Operations & Facility Manager
Aaron Ehle, Planning & Business Development Specialist
SUBJECT
Resolution 2025-074 Authorizing the City Manager to Execute a Grant Agreement (AIP Project No.
3-08-0023-047-2025) Between the City of Fort Collins, the City of Loveland, and the Federal Aviation
Administration for the Runway 15-33 Widening Project at Northern Colorado Regional Airport.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Fort Collins City Manager to execute a grant agreement with
the Federal Aviation Administration (FAA) and the City of Loveland to secure federal funding for the
Runway 15-33 Widening Project at Northern Colorado Regional Airport (FNL). This critical infrastructure
project, identified in the Airport’s 2020 Master Plan and Capital Improvement Plan (CIP), is necessary to
bring the primary runway into compliance with FAA design standards for aircraft such as the Airbus
A319/A320 and Boeing 737, which are commonly used in commercial aviation.
The FAA Airport Improvement Program (AIP) grant is expected to provide $16,730,725 in fiscal year 2025
funding toward the total project cost of $19,385,103. This amount is pending final FAA review and approval.
A draft grant agreement has been provided, and the FAA anticipates issuing the final grant during the first
or second week of September. To secure the funding and preserve the project’s eligibility under the FAA’s
fiscal year 2025, the grant must be accepted no later than September 18, 2025. The Colorado Department
of Transportation’s Division of Aeronautics will contribute $250,000 in matching funds, with the remaining
local match of $630,564 to be covered by Airport reserves.
The remaining project funding will be secured through a $1,690,254 Infrastructure Investment and Jobs
Act (IIJA) grant in fiscal year 2026, supplemented by matching contributions of $44,480 each from CDOT
and local Airport reserves. This will bring the total local funding contribution for the project to $675,045.
The project will be delivered in two construction phases in 2026 to minimize disruption to general aviation
operations. This phased approach was developed in response to stakeholder input and allows continued
limited use of the runway during construction. Along with the new terminal facility and the Airport’s inclusion
in the Federal Contract Tower Program—which provides air traffic control services through private
contractors rather than FAA employees—this project will strengthen the Airport’s ability to attract and retain
commercial airline service.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Page 366
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
The Airport is jointly owned by the Cities of Fort Collins and Loveland. In 2015, the two cities entered into
an intergovernmental agreement (IGA) establishing the Northern Colorado Regional Airport Commission
(the ”Commission”) to provide oversight and strategic direction for the Airport. While the Commission is
responsible for overall management and planning, major decisions such as budget approvals, non-
standard lease agreements, and large capital projects require final approval from both City Councils.
Runway 15-33 is the primary runway at Airport and currently measures 100 feet wide. FAA design
standards for Aircraft Design Group III (ADG III) aircraft require a minimum width of 150 feet. Widening the
runway is necessary to bring the airfield into compliance with these standards and will enhance operational
safety, extend the useful life of the runway, and reduce long-term maintenance and utility costs for the
Airport.
The project has been in development for several years in close coordination with the FAA and CDOT
Aeronautics and has included extensive planning, design, and stakeholder engagement. Based on
feedback from Airport tenants and users during the design phase, a two-phase construction approach was
adopted to allow smaller general aviation aircraft to continue operating during construction. While this
approach increased project costs, the FAA approach in considering its grant award is to fund the additional
expense to help minimize operational disruptions.
The project scope includes:
Widening the runway from 100 feet to 150 feet
Replacing outdated lighting and signage systems with energy-efficient LED technology
Replacing Precision Approach Path Indicators (PAPIs) with LED technology
Installing new edge drains and stormwater infrastructure
Reconstructing connector taxiways to meet FAA geometry standards
Applying a seal coat and new pavement markings
Construction on the project is scheduled to begin in April 2026 and is expected to take approximately 203
calendar days to complete. Runway operations will be limited for approximately 161 of those days.
The FAA has prioritized this project by covering the $2 million shortfall between the engineer’s estimate
and the lowest responsive construction bid, demonstrating the agency’s strong commitment to enhancing
the Airport‘s infrastructure and readiness for commercial air service. Additional Council action will be
required to appropriate additional project funding and to award the contracts for the management and
construction of the project.
CITY FINANCIAL IMPACTS
There is no direct impact on City finances. Appropriations of the City’s share of the local match for the FAA
Grant for the Runway 15-33 widening project which is 50% of the $630,564, as well as the grant revenue
for the project were both included in the 2025 budget for the airport, which was authorized by Council
Ordinance No. 153, 2024.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
On May 15, 2025, Commission members unanimously approved Resolution #R-3-2025, recommending
that the Loveland and Fort Collins City Councils approve grant agreements with the FAA and the Colorado
Department of Transportation for the Runway 15-33 widening project, provided that the local match does
not exceed $750,000.
PUBLIC OUTREACH
Page 367
Item 22.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The runway widening project is a key component of the 2020 Airport Master Plan, which was developed
with extensive stakeholder input gathered through more than 30 public meetings and adopted by both City
Councils.
Since 2023, the project has been a topic of discussion at 26 Airport Commission meetings and two
stakeholder meetings.
In 2023, stakeholder feedback was collected through a survey that helped shape the two-phase
construction plan that allows small general aviation aircraft to continue operating during the project
ATTACHMENTS
1. Airport Commission Resolution R-3-2025
2. Resolution 2025-074
Page 368
Item 22.
RESOLUTION #R-3-2025
A RESOLUTION RECOMMENDING APPROVAL TO THE LOVELAND CITY
COUNCIL AND FORT COLLINS CITY COUNCIL OF GRANT AGREEMENTS
WITH THE FEDERAL AVIATION ADMINISTRATION AND THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR THE RUNWAY
15-33 WIDENING PROJECT
WHEREAS, the Northern Colorado Regional Airport Commission ("Commission") was
established by the City of Loveland ("Loveland") and the City of Fort Collins ("Fort Collins")
(together, the "Cities") pursuant to that certain Amended and Restated Intergovernmental
Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January
22, 2015 ("2015 IGA"), to effectuate changes to the governance structure and pursue development
of the Fort Collins-Loveland Airport (now known as the Northern Colorado Regional Airport) as
a regional airp ort ("Airp ort"). The IGA was amended in 2016 and 2019; and
WHEREAS, pursuant to the 2015 IGA, as amended, the Cities reserved certain
management and policy making issues that require approval of the City Councils, including the
approval of and participation in federal and state grant agreements. The Cities granted certain
authority to the Commission, including the authority to enter into grant agreements, so long as
such grant agreements do not include commitment of Airp ort revenues and funds for grant matches
of more than $300,000 from appropriated funds included in the Airport's adopted budget, provided
such grants are within the respective City Managers' authority; and
WHEREAS, the Cities desire to begin a capital improvement project consisting of
construction of the Runway 15-33 Widening Project (the "Project") that Airp ort staff anticipates
will cost $19,385,103; and
WHEREAS, the Federal Aviation Administration ("FAA") provides formulary grant
funding through the Airp ort Improvement Program ("AIP") based upon certain criteria to eligible
airports to enable those airports to maintain, repair, and construct various areas of Airport
pavement in order to support the aeronautical uses at the Airport. This funding includes entitlement
funding, awarded annually to eligible airp orts based on a formula ("AIP Entitlement Funds"), and
discretionary funding, awarded through a competitive process to supplement entitlements ("AIP
Discretionary Funds"); and
WHEREAS, the Colorado Department of Transportation ("CDOT") utilizes state
collected aviation fuel taxes to fund a portion of the local match required for the FAA' s AIP grants
("COOT Match Funds"); and
WHEREAS, the FAA also provides grant funding through the Infrastructure Investment
and Jobs Act and its Airport Infrastructure Grant program ("AIG Funds") that can be invested in
runways, taxiways, safety and sustainability projects, terminals, airport transit connections, and
roadway projects; and
WHEREAS, the Cities applied for AIP Entitlement Funds, AIP Discretionary Funds,
1
Page 369
Item 22.
Page 370
Item 22.
Page 371
Item 22.
-1-
RESOLUTION 2025-074
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT
AGREEMENT (AIP PROJECT NO. 3-08-0023-047-2025)
BETWEEN THE CITY OF FORT COLLINS, THE CITY OF
LOVELAND, AND THE FEDERAL AVIATION ADMINISTRATION
FOR THE RUNWAY 15-33 WIDENING PROJECT AT NORTHERN
COLORADO REGIONAL AIRPORT
A. The City of Fort Collins (“City”) and the City of Loveland (“Loveland”)
(collectively, the “Cities”) jointly own property located in Loveland known as the Northern
Colorado Regional Airport.
B. The Cities currently operate and maintain the Airport pursuant to that certain
Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort
Collins-Loveland Airport, dated January 22, 2015, as amended (the “IGA”).
C. The Cities, by resolution, have adopted the Airport Master Plan, which
contains the construction of a new terminal facility as a short-term priority.
D. The Federal Aviation Administration (“FAA”) provides grant funding to
eligible airports to enable those airports to pursue, in a timely manner, capital
improvements included within an adopted Airport Master Plan.
E. The Cities have applied for FAA airport infrastructure grant funding for the
purpose of designing and constructing a widened runway at the Airport (AIG Project No.
3-08-0023-047-2025) (the “Project”).
F. The FAA has notified the Airport and the Cities that an allocation of
$16,730,725 is likely to be available for this Project from grant funds released at the end
of the current FAA grant cycle.
G. If awarded, the capital grants funds provided by the FAA for this Project will
be subject to the Cities’ execution of the standard FAA grant agreement modified to reflect
the purpose of AIG Project No. 3-08-0023-047-2025 (the “2025 AIG Agreement”), shown
on Exhibit A, attached hereto and incorporated by this reference, and require a local
match from the Cities of $675,045, divided equally between the Cities. The funds from
the Cities and this federal grant have been previously appropriated as part of the Airport’s
2025 budget, by Council approval of Ordinance No. 153, 2024.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The 2025 AIG Agreement is hereby approved.
Page 372
Item 22.
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Section 2. The City Council hereby authorizes the City Manager to execute the
2025 AIG Agreement on behalf of the City in substantially the form attached hereto as
Exhibit A, together with such additional or modified terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City and advance the purposes set forth in this
Resolution.
Passed and adopted on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 19, 2025
Approving Attorney: Dianne Criswell
Exhibit A: 2025 AIG Grant Agreement
Page 373
Item 22.
U.S. Department
of Transportation
Federal Aviation
Administration
Northwest Mountain Region
Colorado, Utah, Wyoming
26805 E 68th Ave, Ste 224
Denver, CO 80249-6339
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Mr. Jim Thompson
City Manager
500 East 3rd Street
Suite 300
Loveland, CO 80537
Ms. Kelly DiMartino
City Manager
300 La Porte Avenue
Fort Collins, CO 80522
Dear Mr. Thompson and Ms. DiMartino:
The Grant Offer for Airport Improvement Program (AIP) Project No. 3-08-0023-047-2025 at Northern
Colorado Regional Airport is attached for execution. This letter outlines the steps you must take to
properly enter into this agreement and provides other useful information. Please read the conditions,
special conditions, and assurances that comprise the grant offer carefully.
You may not make any modification to the text, terms or conditions of the grant offer.
Steps You Must Take to Enter Into Agreement.
To properly enter into this agreement, you must do the following:
1.The governing body must give authority to execute the grant to the individual(s) signing the
grant, i.e., the person signing the document must be the sponsor’s authorized representative(s)
(hereinafter “authorized representative”).
2.The authorized representative must execute the grant by adding their electronic signature to
the appropriate certificate at the end of the agreement.
3.Once the authorized representative has electronically signed the grant, the sponsor’s attorney(s)
will automatically receive an email notification.
4.On the same day or after the authorized representative has signed the grant, the sponsor’s
attorney(s) will add their electronic signature to the appropriate certificate at the end of the
agreement.
5.If there are co-sponsors, the authorized representative(s) and sponsor’s attorney(s) must follow
the above procedures to fully execute the grant and finalize the process. Signatures must be
obtained and finalized no later than September 18, 2025.
6.The fully executed grant will then be automatically sent to all parties as an email attachment.
EXHIBIT A TO RESOLUTION 2025-074
Page 374
Item 22.
Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for
reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please
see the attached Grant Agreement for more information regarding the use of this System.
Project Timing. The terms and conditions of this agreement require you to complete the project without
undue delay and no later than the Period of Performance end date (1,460 days from the grant execution
date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We
expect you to submit payment requests for reimbursement of allowable incurred project expenses
consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the
Period of Performance ends are generally not allowable and will be rejected unless authorized by the
FAA in advance.
Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as
follows:
For all grants, you must submit by December 31st of each year this grant is open:
1.A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction
projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for
Construction Programs), and
2.An SF-425 (Federal Financial Report).
For non-construction projects, you must submit FAA Form 5100-140, Performance Report within
30 days of the end of the Federal fiscal year.
For construction projects, you must submit FAA Form 5370-1, Construction Progress and
Inspection Report, within 30 days of the end of each Federal fiscal quarter.
Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply
with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities
that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that
year. Note that this includes Federal expenditures made under other Federal-assistance programs.
Please take appropriate and necessary action to ensure your organization will comply with applicable
audit requirements and standards.
Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your
FAA contact indicated below to close the project without delay and submit the necessary final closeout
documentation as required by your Region/Airports District Office.
FAA Contact Information. Todd Minnich, (303) 342-1279, todd.e.minnich@faa.gov is the assigned
program manager for this grant and is readily available to assist you and your designated representative
with the requirements stated herein.
We sincerely value your cooperation in these efforts and look forward to working with you to complete
this important project.
Sincerely,
{{Sig_es_:signer1: signature}}
Jesse A. Lyman
Manager, Denver Airports District Office
EXHIBIT A TO RESOLUTION 2025-074
Page 375
Item 22.
U.S. Department
of Transportation
Federal Aviation
Administration
FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP)
FY 2025 AIP
GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}}
Airport/Planning Area Northern Colorado Regional Airport
Airport Infrastructure Grant
Number 3-08-0023-047-2025 [Contract Number: DOT-FA25NM-1123]
(herein called the "Sponsor") (For Co-Sponsors, list all Co-Sponsor names. The word "Sponsor" in this Grant Agreement also
applies to a Co-Sponsor.)
The United States of America
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated XXXX for a grant of Federal
funds for a project at or associated with the Northern Colorado Regional Airport, which is included as
part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Northern Colorado Regional Airport (herein called the
“Project”) consisting of the following:
Expand Runway 15/33 (about 91% of construction)
which is more fully described in the Project Application.
NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code
(U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018
EXHIBIT A TO RESOLUTION 2025-074
Page 376
Item 22.
(Public Law Number (P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L.
116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated
Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA
Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application;
and in consideration of: (a) the Sponsor’s adoption and ratification of the Grant Assurances dated April
2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor’s
acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the Grant Assurance and conditions as herein
provided;
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY
OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the
United States share of the Project.
Assistance Listings Number (Formerly CFDA Number): 20.106
This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
CONDITIONS
1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is
$XXXX.
The following amounts represent a breakdown of the maximum obligation for the purpose of
establishing allowable amounts for any future grant amendment, which may increase the foregoing
maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$0 for planning
$XXXX for airport development or noise program implementation; and,
$0 for land acquisition.
2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:
1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed
by the last Sponsor signatory to the Agreement. The end date of the Period of Performance
is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end
date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend
beyond the closeout of this Grant Agreement.
2. Means the total estimated time interval between the start of an initial Federal award and
the planned end date, which may include one or more funded portions or budget periods (2
Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.C § 47142(b).
b. Budget Period:
1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as
the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h),
the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period
except as noted in 49 U.S.C § 47142(b).
2. Means the time interval from the start date of a funded portion of an award to the end date
of that funded portion during which the Sponsor is authorized to expend the funds awarded,
including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
c. Close Out and Termination
EXHIBIT A TO RESOLUTION 2025-074
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Item 22.
Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout
documentation and liquidate (pay-off) all obligations incurred under this award no later
than 120 calendar days after the end date of the Period of Performance. If the Sponsor does
not submit all required closeout documentation within this time period, the FAA will
proceed to close out the grant within one year of the Period of Performance end date with
the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate
this agreement and all of its obligations under this agreement if any of the following occurs:
(a)(1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by
the agreement;
(2)A completion date for the Project or a component of the Project is listed in the
agreement and the Recipient fails to meet that milestone by six months after the date
listed in the agreement;
(3) The Sponsor fails to comply with the terms and conditions of this agreement,
including a material failure to comply with the Project Schedule even if it is beyond the
reasonable control of the Sponsor;
(4)Circumstances cause changes to the Project that the FAA determines are
inconsistent with the FAA’s basis for selecting the Project to receive a grant; or
(5) The FAA determines that termination of this agreement is in the public interest.
(b)In terminating this agreement under this section, the FAA may elect to consider only the
interests of the FAA.
(c)The Sponsor may request that the FAA terminate the agreement under this section.
3.Ineligible or Unallowable Costs. In accordance with 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is
prohibited from including any costs in the grant funded portions of the project that the FAA has
determined to be ineligible or unallowable, including costs incurred to carry out airport
development implementing policies and initiatives repealed by Executive Order 14148, provided
such costs are not otherwise permitted by statute.
4.Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the
indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for
Sponsor direct salaries and wages.
5.Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will
be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the
Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of
the United States’ share will be based upon the final audit of the total amount of allowable project
costs and settlement will be made for any upward or downward adjustments to the Federal share of
costs.
6.Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must
carry out and complete the project without undue delays and in accordance with this Agreement, 49
U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Per 2 CFR §
EXHIBIT A TO RESOLUTION 2025-074
Page 378
Item 22.
200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from
performing the project that exceeds three months or a 25 percent reduction in time devoted to the
project. The report must include a reason for the project stoppage. The Sponsor also agrees to
comply with the grant assurances, which are part of this Agreement.
7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or
withdraw this offer at any time prior to its acceptance by the Sponsor.
8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any
part of the costs of the project unless this offer has been accepted by the Sponsor on or before
XXXX, or such subsequent date as may be prescribed in writing by the FAA.
9. Improper Use of Federal Funds and Mandatory Disclosure.
a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other
manner for any project upon which Federal funds have been expended. For the purposes of this
Grant Agreement, the term “Federal funds” means funds however used or dispersed by the
Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The
Sponsor must obtain the approval of the Secretary as to any determination of the amount of the
Federal share of such funds. The Sponsor must return the recovered Federal share, including
funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish
to the Secretary, upon request, all documents and records pertaining to the determination of
the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts
taken to recover such funds. All settlements or other final positions of the Sponsor, in court or
otherwise, involving the recovery of such Federal share require advance approval by the
Secretary.
b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply
with the mandatory disclosure requirements as established under 2 CFR § 200.113, including
reporting requirements related to recipient integrity and performance in accordance with
Appendix XII to 2 CFR Part 200.
10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for
damage to property or injury to persons which may arise from, or be incident to, compliance with
this Grant Agreement.
11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI).
a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from
this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its
information in the SAM until the Sponsor submits the final financial report required under this
Grant, or receives the final payment, whichever is later. This requires that the Sponsor review
and update the information at least annually after the initial registration and more frequently if
required by changes in information or another award term. Additional information about
registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a
specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at
https://sam.gov/content/entity-registration.
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12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each
payment request under this Agreement electronically via the Delphi eInvoicing System for
Department of Transportation (DOT) Financial Assistance Awardees.
13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines
that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor
by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the
Sponsor unilaterally reducing the maximum obligation.
The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an
overrun in the total actual eligible and allowable project costs to cover the amount of the overrun
provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to
increase the maximum obligation does not apply to the “planning” component of Condition No. 1,
Maximum Obligation.
The FAA can also issue an informal letter amendment that modifies the grant description to correct
administrative errors or to delete work items if the FAA finds it advantageous and in the best
interests of the United States.
An informal letter amendment has the same force and effect as a formal grant amendment.
14. Environmental Standards. The Sponsor is required to comply with all applicable environmental
standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor
fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant
Agreement.
15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial
reporting requirements and payment requirements, including submittal of timely and accurate
reports.
16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C.
§ 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel
or manufactured goods produced outside the United States to be used for any project for which
funds are provided under this Grant. The Sponsor will include a provision implementing Buy
American in every contract and subcontract awarded under this Grant.
17. Build America, Buy America. The Sponsor must comply with the requirements under the Build
America, Buy America Act (P.L. 117-58).
18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the
maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this
Grant:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects, if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are
available:
1. 15 percent; or
2. 25 percent of the total increase in allowable project costs attributable to acquiring an
interest in the land.
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If the Sponsor requests an increase, any eligible increase in funding will be subject to the United
States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if
applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not
responsible for the same Federal share provided herein for any amount increased over the initial
grant amount. The FAA may adjust the Federal share as applicable through an informal letter of
amendment.
19.Audits for Sponsors.
PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in
accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the
Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy
of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards
and are exempt from Federal audit requirements must make records available for review or audit by
the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and
other appropriate Federal agencies may request additional information to meet all Federal audit
requirements.
20.Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR §
180.200, the Sponsor must:
a.Verify the non-Federal entity is eligible to participate in this Federal program by:
1.Checking the System for Award Management (SAM.gov) exclusions to determine if the non-
Federal entity is excluded or disqualified; or
2.Collecting a certification statement from the non-Federal entity attesting they are not
excluded or disqualified from participating; or
3.Adding a clause or condition to covered transactions attesting the individual or firm are not
excluded or disqualified from participating.
b.Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier
transactions with their contractors and sub-contractors.
c.Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered
into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars
a contractor, person, or entity.
21.Ban on Texting While Driving.
a.In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging
While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,
December 30, 2009, the Sponsor is encouraged to:
1.Adopt and enforce workplace safety policies to decrease crashes caused by distracted
drivers including policies to ban text messaging while driving when performing any work for,
or on behalf of, the Federal government, including work relating to a grant or subgrant.
2.Conduct workplace safety initiatives in a manner commensurate with the size of the
business, such as:
i.Establishment of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving; and
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ii.Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
b.The Sponsor must insert the substance of this clause on banning texting while driving in all
subgrants, contracts, and subcontracts funded with this Grant.
22.Trafficking in Persons.
1.Posting of contact information.
a.The Sponsor must post the contact information of the national human trafficking hotline
(including options to reach out to the hotline such as through phone, text, or TTY) in all
public airport restrooms.
2.Provisions applicable to a recipient that is a private entity.
a.Under this Grant, the recipient, its employees, subrecipients under this Grant, and
subrecipient’s employees must not engage in:
i.Severe forms of trafficking in persons;
ii.The procurement of a commercial sex act during the period of time that the
grant or cooperative agreement is in effect;
iii.The use of forced labor in the performance of this grant; or any subaward; or
iv.Acts that directly support or advance trafficking in persons, including the
following acts:
a)Destroying, concealing, removing, confiscating, or otherwise denying an
employee access to that employee’s identity or immigration documents;
b)Failing to provide return transportation of pay for return transportation costs to
an employee from a country outside the United States to the country from
which the employee was recruited upon the end of employment if requested by
the employee, unless:
1.Exempted from the requirement to provide or pay for such return
transportation by the federal department or agency providing or
entering into the grant; or
2.The employee is a victim of human trafficking seeking victim services or
legal redress in the country of employment or witness in a human
trafficking enforcement action;
c)Soliciting a person for the purpose of employment, or offering employment, by
means of materially false or fraudulent pretenses, representations, or promises
regarding that employment;
d)Charging recruited employees a placement or recruitment fee; or
e)Providing or arranging housing that fails to meet the host country’s housing and
safety standards.
b.The FAA may unilaterally terminate this Grant or take any remedial actions authorized
by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant:
i.Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or
ii.Has an employee that is determined to have violated a prohibition in
paragraph(2)(a) of this Grant through conduct that is either:
a)Associated with the performance under this Grant; or
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b) Imputed to the recipient or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide
Debarment and Suspension (Nonprocurement),” as implemented by the FAA at
2 CFR Part 1200.
3. Provisions applicable to a recipient other than a private entity.
a. The FAA may unilaterally terminate this award or take any remedial actions authorized
by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under
this award:
i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or
ii. Has an employee that is determined to have violated a prohibition in paragraph
(2)(a) of this Grant through conduct that is either:
a) Associated with the performance under this Grant; or
b) Imputed to the recipient or the subrecipient using the standards and due
process for imputing the conduct of an individual to an organization that are
provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Government-
wide Debarment and Suspension (Nonprocurement),” as implemented by
the FAA at 2 CFR Part 1200.
4. Provisions applicable to any recipient.
a. The recipient must inform the FAA and the DOT Inspector General immediately of any
information you receive from any source alleging a violation of a prohibition in
paragraph (2)(a) of this Grant.
b. The FAA’s right to unilaterally terminate this Grant as described in paragraphs (2)(b) or
(3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in
addition to all other remedies for noncompliance that are available to the FAA under
this Grant.
c. The recipient must include the requirements of paragraph (2)(a) of this Grant award
term in any subaward it makes to a private entity.
d. If applicable, the recipient must also comply with the compliance plan and certification
requirements in 2 CFR 175.105(b).
5. Definitions. For purposes of this Grant award, term:
a. “Employee” means either:
i. An individual employed by the recipient or a subrecipient who is engaged in the
performance of the project or program under this Grant; or
ii. Another person engaged in the performance of the project or program under this
Grant and not compensated by the recipient including, but not limited to, a
volunteer or individual whose services are contributed by a third party as an in-kind
contribution toward cost sharing requirements.
b. “Private Entity” means:
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i. Any entity, including for-profit organizations, nonprofit organizations, institutions of
higher education, and hospitals. The term does not include foreign public entities,
Indian Tribes, local governments, or states as defined in 2 CFR 200.1.
ii. The terms “severe forms of trafficking in persons,” “commercial sex act,” “sex
trafficking,” “Abuse or threatened abuse of law or legal process,” “coercion,” “debt
bondage,” and “involuntary servitude” have the meanings given at section 103 of
the TVPA, as amended (22 U.S.C. § 7102).
23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant
Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility
Charge (PFC) application that contains an approved PFC project also covered under this Grant
Agreement as described in the project application. The airport sponsor may not make any
expenditure under this Grant Agreement until project work addressed under this Grant Agreement
is removed from an approved PFC application by amendment.
24. Exhibit “A” Property Map. The Exhibit “A” Property Map dated June 2020, is incorporated herein by
reference or is submitted with the project application and made part of this Grant Agreement.
25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an
employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body
described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is
evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an
abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public
health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the
competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor,
recipient, or subrecipient must inform their employees in writing of employee whistleblower rights
and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at
10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310.
26. Co-Sponsor. The Co-Sponsors understand and agree that they jointly and severally adopt and ratify
the representations and assurances contained therein and that the word "Sponsor" as used in the
application and other assurances is deemed to include all Co-Sponsors.
27. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor
agrees to comply with mandatory standards and policies relating to use and procurement of certain
telecommunications and video surveillance services or equipment in compliance with the National
Defense Authorization Act [P.L. 115-232 § 889(f)(1)] and 2 CFR § 200.216.
28. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and
addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as
determined by the DOT and the Department of Homeland Security (DHS). For airports that do not
have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of
the cybersecurity requirements from the Transportation Security Administration and Federal
Security Director identified for security risk Category X airports.
29. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it
complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and
implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49
U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the
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Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42
U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration
(FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any
amendments or updates thereto. This may include, as applicable, providing a current Title VI
Program Plan to the FAA for approval, in the format and according to the timeline required by the
FAA, and other information about the communities that will be benefited and impacted by the
project. A completed FAA Title VI Pre-Grant Award Checklist is required for every grant application,
unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any
project supported by this grant that it complies with all federal nondiscrimination and civil rights
laws based on race, color, national origin, sex, creed, age, disability, genetic information, in
consideration for federal financial assistance. The Department’s and FAA’s Office of Civil Rights may
provide resources and technical assistance to recipients to ensure full and sustainable compliance
with Federal civil rights requirements. Failure to comply with civil rights requirements will be
considered a violation of the agreement or contract and be subject to any enforcement action as
authorized by law.
30. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions
contained herein including the terms known as the Grant Assurances as they were published in the
Federal Register on April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain
amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain
amendments to the assurances in order to best achieve consistency with the statute. Federal law
requires that FAA publish any amendments to the assurances in the Federal Register along with an
opportunity to comment. In order not to delay the offer of this grant, the existing assurances are
attached herein; however, FAA shall interpret and apply these assurances consistent with the
Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes,
the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at
https://www.congress.gov/bill/118th-congress/house-bill/3935/text.
31. Applicable Federal Anti-Discrimination Laws. The sponsor agrees:
a. that its compliance in all respects with all applicable Federal anti-discrimination laws is
material to the government’s payment decisions for purposes of section 3729(b)(4) of title
31, United States Code; and
b. to certify that it does not operate any programs promoting diversity, equity, and inclusion
(DEI) that violate any applicable Federal anti-discrimination laws.
32. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is
expended in full accordance with the United States Constitution, Federal law, and statutory and
public policy requirements: including but not limited to, those protecting free speech, religious
liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will
cooperate with Federal officials in the enforcement of Federal law, including cooperating with and
not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and
components of the Department of Homeland Security in and the enforcement of Federal
immigration law.
33. National Airspace System Requirements
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a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or
operating equipment and facilities in or supporting the National Airspace System, including
waiving permitting requirements and other restrictions affecting those activities to the
maximum extent possible, and assisting the FAA in securing waivers of permitting or other
restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent
the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities
in or supporting the National Airspace System.
b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy,
including:
(1) additional conditions on the award;
(2) consistent with 49 U.S.C chapter 471,.any remedy permitted under 2 C.F.R. 200.339–
200.340, including withholding of payments; disallowance of previously reimbursed
costs, requiring refunds from the Recipient to the DOT; suspension or termination of the
award; or suspension and debarment under 2 C.F.R. part 180; or
(3) any other remedy legally available.
c. (In imposing a remedy under this condition, the FAA may elect to consider the interests of only
the FAA.
d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the
FAA due to a remedy under this condition constitute a debt to the Federal Government that the
FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R.
parts 900–904).
34. Signage Costs for Construction Projects. The Sponsor agrees that it will require the prime contractor
of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA-
prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs
posted in response to requests received prior to February 1, 2025.
35. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal
laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324,
Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to
enter
SPECIAL CONDITIONS
36. Solid Waste Recycling Plan. The Sponsor certifies that it has a solid waste recycling plan as part of an
existing Airport Master Plan, as prescribed by 49 U.S.C. § 47106(a)(6).
37. Airport Layout Plan. The Sponsor understands and agrees to update the Airport Layout Plan to
reflect the construction to standards satisfactory to the FAA and submit it in final form to the FAA as
prescribed by 49 U.S.C. § 47107(a)(16). It is further mutually agreed that the reasonable cost of
developing said Airport Layout Plan Map is an allowable cost within the scope of this project, if
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applicable. Airport Sponsors Grant Assurance 29 further addresses the Sponsor’s statutory
obligations to maintain an airport layout plan in accordance with 49 U.S.C. § 47107(a)(16).
38. Lighting. The Sponsor must operate and maintain the lighting system during the useful life of the
system in accordance with applicable FAA standards.
39. Disadvantaged Business Enterprise (DBE)/Airport Concessions Disadvantaged Business Enterprise
(ACDBE) Program. The Sponsor understands and agrees that it will not submit payment
reimbursement requests until the Sponsor has received from the FAA Office of Civil Rights approval
of its DBE Program (reflecting compliance with 49 CFR Part 26 including any amendments thereto),
and if applicable, its ACDBE program (reflecting compliance with 49 CFR Part 23, including any
amendments thereto).
40. Airport - Owned Visual or Electronic Navigation Aids in Project. The Sponsor agrees that it will:
a. Provide for the continuous operation and maintenance of any navigational aid funded under
this Grant Agreement during the useful life of the equipment unless the equipment is
transferred by agreement to the FAA in accordance with 49 U.S.C. § 44502(e);
b. Prior to commissioning, assure the equipment meets the FAA’s standards; and
c. Remove, relocate, lower, mark, or light each obstruction to obtain a clear approach as
indicated in the 14 CFR Part 77 aeronautical survey.
41. Airports Geographic Information System (GIS) Survey. If the Airport’s GIS survey is not reflected in
the Airports Data Information Portal (ADIP) meeting FAA requirements within four (4) years from
the date of grant execution, then the Sponsor may be required to repay that portion of this Grant
related to survey work.
42. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an
effective airport pavement maintenance management program as required by Airport Sponsor
Grant Assurance 11, Pavement Preventive Maintenance-Management, which is codified at 49 U.S.C.
§ 47105(e). The Sponsor agrees that it will use the program for the useful life of any pavement
constructed, reconstructed, rehabilitated, or repaired with Federal financial assistance at the
airport. The Sponsor further agrees that the program will:
a. Follow the current version of FAA Advisory Circular 150/5380-6, “Guidelines and Procedures for
Maintenance of Airport Pavements,” for specific guidelines and procedures for maintaining
airport pavements, establishing an effective maintenance program, specific types of distress and
its probable cause, inspection guidelines, and recommended methods of repair;
b. Detail the procedures to be followed to assure that proper pavement maintenance, both
preventive and repair, is performed;
c. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and
Reference, meeting the following requirements:
1. Pavement Inventory. The following must be depicted in an appropriate form and level of
detail:
i. Location of all runways, taxiways, and aprons;
ii. Dimensions;
iii. Type of pavement; and,
iv. Year of construction or most recent major reconstruction, rehabilitation, or repair.
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2. Inspection Schedule.
i. Detailed Inspection. A detailed inspection must be performed at least once a year. If a
history of recorded pavement deterioration is available, i.e., Pavement Condition Index
(PCI) survey as set forth in the current version of Advisory Circular 150/5380-6, the
frequency of inspections may be extended to three years.
ii. Drive-By Inspection. A drive-by inspection must be performed a minimum of once per
month to detect unexpected changes in the pavement condition. For drive-by
inspections, the date of inspection and any maintenance performed must be recorded.
3. Record Keeping. Complete information on the findings of all detailed inspections and on the
maintenance performed must be recorded and kept on file for a minimum of five years. The
type of distress, location, and remedial action, scheduled or performed, must be
documented. The minimum information is:
i. Inspection date;
ii. Location;
iii. Distress types; and
iv. Maintenance scheduled or performed.
4. Information Retrieval System. The Sponsor must be able to retrieve the information and
records produced by the pavement survey to provide a report to the FAA as may be
required.
43. Project Containing Paving Work in Excess of $500,000. The Sponsor agrees to:
a. Furnish a construction management program to the FAA prior to the start of construction which
details the measures and procedures to be used to comply with the quality control provisions of
the construction contract, including, but not limited to, all quality control provisions and tests
required by the Federal specifications. The program must include as a minimum:
1. The name of the person representing the Sponsor who has overall responsibility for contract
administration for the project and the authority to take necessary actions to comply with
the contract;
2. Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be provided;
3. Procedures for determining that the testing laboratories meet the requirements of the
ASTM International standards on laboratory evaluation referenced in the contract
specifications (i.e., ASTM D 3666, ASTM C 1077);
4. Qualifications of engineering supervision and construction inspection personnel;
5. A listing of all tests required by the contract specifications, including the type and frequency
of tests to be taken, the method of sampling, the applicable test standard, and the
acceptance criteria or tolerances permitted for each type of test; and
6. Procedures for ensuring that the tests are taken in accordance with the program, that they
are documented daily, and that the proper corrective actions, where necessary, are
undertaken.
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b. Submit at completion of the project, a final test and quality assurance report documenting the
summary results of all tests performed and highlighting those tests that indicated failure or that
did not meet the applicable test standard. The report must include the pay reductions applied
and the reasons for accepting any out-of-tolerance material. Submit interim test and quality
assurance reports when requested by the FAA.
c. Failure to provide a complete report as described above, or failure to perform such tests, will,
absent any compelling justification, result in a reduction in Federal participation for costs
incurred in connection with construction of the applicable pavement. Such reduction will be at
the discretion of the FAA and will be based on the type or types of required tests not performed
or not documented and will be commensurate with the proportion of applicable pavement with
respect to the total pavement constructed under the Grant Agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant
payments accordingly if such independent tests determine that Sponsor test results are
inaccurate.
44. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in
effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the
Future Is Made in All of America by All of America’s Workers.
45. Usable Unit of Development. The FAA and the Sponsor agree this Grant only funds a portion of the
overall project. The FAA makes no commitment of funding beyond what is provided herein. In
accepting this award, the Sponsor understands and agrees that the work described in this Grant
Agreement must be incorporated into a safe, useful, and usable unit of development completed
within a reasonable timeframe [49 USC § 47106(a)(4)]. This safe, useful, usable unit of development
must be completed regardless of whether the Sponsor receives any additional federal funding.
46. Duffy Plaintiff Special Term. Pursuant to the court’s preliminary injunction order in State of
California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce
the challenged immigration enforcement condition* or any materially similar terms and conditions,
to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities
within those States (collectively referred to as “Plaintiff State Entities”), or otherwise rescind,
withhold, terminate, or take other adverse action, absent specific statutory authority, based on the
challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not
require Plaintiff State Entities to make any certification or other representation related to
compliance with the challenged immigration enforcement condition nor will DOT construe
acceptance of funding from DOT as certification as to the challenged immigration enforcement
condition.
*The challenged immigration enforcement condition:
“[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including
cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other
Federal offices and components of the Department of Homeland Security in the enforcement of
Federal immigration law.”
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Item 22.
The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual
obligations and rights of the United States and the Sponsor with respect to the accomplishment of the
Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant
Agreement shall become effective upon the Sponsor’s acceptance of this Offer.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.1
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}}
(Signature)
{{N_es_:signer1:fullname }}
(Typed Name)
{{N_es_:signer1:title }}
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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Item 22.
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with
all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.2
{{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}}
CITY OF LOVELAND, COLORADO
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}}
(Signature of Sponsor’s Authorized Official)
By:{{N_es_:signer2:fullname }}
(Typed Name of Sponsor’s Authorized Official)
(Title of Sponsor’s Authorized Official)
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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Item 22.
CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of __Colorado__. Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws
of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et
seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation
Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L.
117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024
(P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the
Project Application. In addition, for grants involving projects to be carried out on property not owned by
the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further,
it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor
in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.3
{{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}}
By:{{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}}
(Signature of Sponsor’s Attorney)
3 Knowingly and willfully providing false information to the Federal government is a violation of 18
U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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Item 22.
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred to
in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with
all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.4
{{DateTime_es_:signer4:calc(now()):format(date," mmmm d, yyyy")}}
CITY OF FORT COLLINS, COLORADO
(Name of Sponsor)
{{Sig_es_:signer4:signature:dimension(height=12mm, width=70mm}}
(Signature of Sponsor’s Authorized Official)
By: {{N_es_:signer4:fullname }}
(Typed Name of Sponsor’s Authorized Official)
Title: {{*Ttl_es_:signer4:title }}
4 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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Item 22.
CERTIFICATE OF SPONSOR’S ATTORNEY
I, {{N_es_:signer5: fullname}}, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the
laws of the State of __Colorado__. Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws
of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et
seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation
Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L.
117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024
(P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the
Project Application. In addition, for grants involving projects to be carried out on property not owned by
the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further,
it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor
in accordance with the terms thereof.
Please read the following information: By signing this document, you are agreeing that you have
reviewed the following consumer disclosure information and consent to transact business using
electronic communications, to receive notices and disclosures electronically, and to utilize electronic
signatures in lieu of using paper documents. You are not required to receive notices and disclosures or
sign documents electronically. If you prefer not to do so, you may request to receive paper copies and
withdraw your consent at any time.
I declare under penalty of perjury that the foregoing is true and correct.5
{{DateTime_es_:signer5:calc(now()):format(date," mmmm d, yyyy")}}
By:{{Sig_es_:signer5:signature:dimension(height=12mm, width=70mm}}
(Signature of Sponsor’s Attorney)
5 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C.
§ 1001 (False Statements) and could subject you to fines, imprisonment, or both.
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Item 22.
ASSURANCES
AIRPORT SPONSORS
A. General.
1. These assurances shall be complied with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term "private sponsor" means a private owner of a public-use airport; and the term
"sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and
become part of this Grant Agreement.
B. Duration and Applicability.
1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public
Agency Sponsor.
The terms, conditions and assurances of this Grant Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an
airport development or noise compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise compatibility program project, but in
any event not to exceed twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit on the duration of the
assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an
airport. There shall be no limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with federal funds. Furthermore, the duration of the Civil
Rights assurance shall be specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph (1) also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or equipment
acquired under an airport development or noise compatibility program project shall be no less
than ten (10) years from the date of acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25,
30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and
assurances of this Grant Agreement shall remain in full force and effect during the life of the
project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and
Airport Revenue so long as the airport is used as an airport.
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Item 22.
C. Sponsor Certification.
The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and
requirements as they relate to the application, acceptance, and use of Federal funds for this Grant.
Performance under this agreement shall be governed by and in compliance with the following
requirements, as applicable, to the type of organization of the Sponsor and any applicable
sub-recipients. The applicable provisions to this agreement include, but are not limited to, the following:
FEDERAL LEGISLATION
a. 49 U.S.C. subtitle VII, as amended.
b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1
c. Federal Fair Labor Standards Act – 29 U.S.C. § 201, et seq.
d. Hatch Act – 5 U.S.C. § 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
§ 4601, et seq.1, 2
f. National Historic Preservation Act of 1966 – Section 106 – 54 U.S.C. § 306108.1
g. Archeological and Historic Preservation Act of 1974 – 54 U.S.C. § 312501, et seq.1
h. Native Americans Grave Repatriation Act – 25 U.S.C. § 3001, et seq.
i. Clean Air Act, P.L. 90-148, as amended – 42 U.S.C. § 7401, et seq.
j. Coastal Zone Management Act, P.L. 92-583, as amended – 16 U.S.C. § 1451, et seq.
k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1
l. 49 U.S.C. § 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973 – 29 U.S.C. § 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the
basis of race, color, national origin).
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits
discrimination on the basis of disability).
p. Age Discrimination Act of 1975 – 42 U.S.C. § 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968, as amended – 42 U.S.C. § 4151, et seq.1
s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 – 42 U.S.C. § 8373.1
t. Contract Work Hours and Safety Standards Act – 40 U.S.C. § 3701, et seq.1
u. Copeland Anti-kickback Act – 18 U.S.C. § 874.1
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Item 22.
v. National Environmental Policy Act of 1969 – 42 U.S.C. § 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq.
x. Single Audit Act of 1984 – 31 U.S.C. § 7501, et seq.2
y. Drug-Free Workplace Act of 1988 – 41 U.S.C. §§ 8101 through 8105.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as
amended by section 6202 of P.L. 110-252).
aa. Civil Rights Restoration Act of 1987, P.L. 100-259.
bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII.
cc. Build America, Buy America Act, P.L. 117-58, Title IX.
dd. Endangered Species Act – 16 U.S.C. 1531, et seq.
ee. Title IX of the Education Amendments of 1972, as amended – 20 U.S.C. 1681–1683 and 1685–
1687.
ff. Drug Abuse Office and Treatment Act of 1972, as amended – 21 U.S.C. 1101, et seq.
gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-
616, as amended – 42 U.S.C. § 4541, et seq.
hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91-
616, as amended – 42 U.S.C. § 4541, et seq.
ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions – 31
U.S.C. § 1352.
EXECUTIVE ORDERS
a. Executive Order 11990 – Protection of Wetlands
b. Executive Order 11988 – Floodplain Management
c. Executive Order 12372 – Intergovernmental Review of Federal Programs
d. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building
Construction1
e. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s
Workers
f. Executive Order 14149 – Restoring Freedom of Speech and Ending Federal Censorship
g. Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and
Preferencing
h. Executive Order 14154 – Unleashing American Energy
i. Executive Order 14168 – Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government
j. Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity
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Item 22.
FEDERAL REGULATIONS
a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement).
b. 2 CFR Part 200 and 1201 – Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. 3, 4, 5
c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment.
d. 14 CFR Part 13 – Investigative and Enforcement Procedures.
e. 14 CFR Part 16 – Rules of Practice for Federally-Assisted Airport Enforcement Proceedings.
f. 14 CFR Part 150 – Airport Noise Compatibility Planning.
g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government
Services.
h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil
Rights Act of 1964.
i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1
j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States.1
k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act).1
l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1
m. 49 CFR Part 20 – New Restrictions on Lobbying.
n. 49 CFR Part 21 – Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964.
o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions.
p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and
Federally-Assisted Programs.1, 2
q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs.
r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving
Federal Financial Assistance.1
s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or
Activities Conducted by the Department of Transportation.
t. 49 CFR Part 30 – Denial of Public Works Contracts to Suppliers of Goods and Services of
Countries That Deny Procurement Market Access to U.S. Contractors.
u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial
Assistance).
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Item 22.
v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for
Transportation Vehicles.
x. 49 CFR Part 41 – Seismic Safety.
FOOTNOTES TO ASSURANCE (C)(1)
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal
assistance. Any requirement levied upon State and Local Governments by this regulation shall
apply where applicable to private sponsors receiving Federal assistance under Title 49, United
States Code.
4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits.
SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or
circulars are incorporated by reference in this Grant Agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this Grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this Grant and to finance and carry out the proposed project
and comply with all terms, conditions, and assurances of this Grant Agreement. It shall
designate an official representative and shall in writing direct and authorize that person to file
this application, including all understandings and assurances contained therein; to act in
connection with this application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability.
It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded
under this Grant Agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to
the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
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Item 22.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which Federal
funds will be expended or will give assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, conditions, and assurances in this Grant
Agreement without the written approval of the Secretary, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere
with such performance by the sponsor. This shall be done in a manner acceptable to the
Secretary.
b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise
transfer or dispose of any part of its title or other interests in the property shown on Exhibit A
to this application or, for a noise compatibility program project, that portion of the property
upon which Federal funds have been expended, for the duration of the terms, conditions, and
assurances in this Grant Agreement without approval by the Secretary. If the transferee is
found by the Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this Grant Agreement and to have the power, authority, and financial resources
to carry out all such obligations, the sponsor shall insert in the contract or document
transferring or disposing of the sponsor's interest, and make binding upon the transferee all of
the terms, conditions, and assurances contained in this Grant Agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local
government or are on property owned by a unit of local government other than the sponsor, it
will enter into an agreement with that government. Except as otherwise specified by the
Secretary, that agreement shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and changes thereto must
be satisfactory to the Secretary. It will take steps to enforce this agreement against the local
government if there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will
enter into an agreement with the owner of that property which includes provisions specified by
the Secretary. It will take steps to enforce this agreement against the property owner
whenever there is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that
the airport will continue to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the terms, conditions and
assurances in this Grant Agreement and shall ensure that such arrangement also requires
compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport. Sponsors
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Item 22.
of general aviation airports entering into any arrangement that results in permission for the
owner of residential real property adjacent to or near the airport must comply with the
requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension at a
medium or large hub airport, the sponsor has made available to and has provided upon request to
the metropolitan planning organization in the area in which the airport is located, if any, a copy of
the proposed amendment to the airport layout plan to depict the project and a copy of any airport
master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance-Management.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction of
pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance-management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance
at the airport. It will provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of such
airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
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Item 22.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition by
the recipient of the proceeds of this Grant, the total cost of the project in connection with
which this Grant is given or used, and the amount or nature of that portion of the cost of the
project supplied by other sources, and such other financial records pertinent to the project. The
accounts and records shall be kept in accordance with an accounting system that will facilitate
an effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or
any of their duly authorized representatives, for the purpose of audit and examination, any
books, documents, papers, and records of the recipient that are pertinent to this Grant. The
Secretary may require that an appropriate audit be conducted by a recipient. In any case in
which an independent audit is made of the accounts of a sponsor relating to the disposition of
the proceeds of a grant or relating to the project in connection with which this Grant was given
or used, it shall file a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the fiscal year for which the audit was
made.
14. Minimum Wage Rates.
It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant
Agreement which involve labor, provisions establishing minimum rates of wages, to be
predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public
Building, Property, and Works), which contractors shall pay to skilled and unskilled labor, and such
minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for
the work.
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this Grant Agreement which
involve labor, such provisions as are necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall be given to Vietnam era
veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small
business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112.
However, this preference shall apply only where the individuals are available and qualified to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications.
It will execute the project subject to plans, specifications, and schedules approved by the Secretary.
Such plans, specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this Grant
Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement.
Any modification to the approved plans, specifications, and schedules shall also be subject to
approval of the Secretary, and incorporated into this Grant Agreement.
17. Construction Inspection and Approval.
It will provide and maintain competent technical supervision at the construction site throughout the
project to assure that the work conforms to the plans, specifications, and schedules approved by
the Secretary for the project. It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary and such work shall be in
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accordance with regulations and procedures prescribed by the Secretary. Such regulations and
procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects.
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the
project application or with the modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning
project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material
prepared with funds under this project shall be subject to copyright in the United States or any
other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise
use any of the material prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state, and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere with
its use for airport purposes. It will suitably operate and maintain the airport and all facilities
thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be approved by the
Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for:
1. Operating the airport's aeronautical facilities whenever required;
2. Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing
contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood, or other climatic conditions
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interfere with such operation and maintenance. Further, nothing herein shall be construed
as requiring the maintenance, repair, restoration, or replacement of any structure or
facility which is substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls
upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will
be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment or creation of
future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it will not cause or permit
any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the
airport, of the noise compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and without
unjust discrimination to all types, kinds and classes of aeronautical activities, including
commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to:
1. Furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2. Charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same or
similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based
operator that is authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air
carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly
and substantially related to providing air transportation as are applicable to all such air carriers
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which make similar use of such airport and utilize similar facilities, subject to reasonable
classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably withheld by any airport
provided an air carrier assumes obligations substantially similar to those already imposed on air
carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or
corporation operating aircraft on the airport from performing any services on its own aircraft
with its own employees (including, but not limited to maintenance, repair, and fueling) that it
may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to the
furnishing of such services by commercial aeronautical service providers authorized by the
sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport
if such action is necessary for the safe operation of the airport or necessary to serve the civil
aviation needs of the public.
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending to
provide, aeronautical services to the public. For purposes of this paragraph, the providing of the
services at an airport by a single fixed-based operator shall not be construed as an exclusive right if
both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based
operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed-based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant or
permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier
operations, aircraft sales and services, sale of aviation petroleum products whether or not
conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an airport before the
grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise compatibility project for
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which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act
of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
included in the rate basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established after
December 30, 1987, will be expended by it for the capital or operating costs of the airport; the
local airport system; or other local facilities which are owned or operated by the owner or
operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purposes on or off the airport.
The following exceptions apply to this paragraph:
1. If covenants or assurances in debt obligations issued before September 3, 1982, by the
owner or operator of the airport, or provisions enacted before September 3, 1982, in
governing statutes controlling the owner or operator's financing, provide for the use of the
revenues from any of the airport owner or operator's facilities, including the airport, to
support not only the airport but also the airport owner or operator's general debt
obligations or other facilities, then this limitation on the use of all revenues generated by
the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply.
2. If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor’s acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from
the sale. This is conditioned on repayment to the Secretary by the private owner of an
amount equal to the remaining unamortized portion (amortized over a 20-year period) of
any airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3. Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA
determines the airport sponsor meets the requirements set forth in Section 813 of Public
Law 112-95.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct
that the audit will review, and the resulting audit report will provide an opinion concerning, the
use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or
transferred to the owner or operator are paid or transferred in a manner consistent with Title
49, United States Code and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for violation of this assurance in
accordance with the provisions of 49 U.S.C. § 47107.
26. Reports and Inspections.
It will:
a. submit to the Secretary such annual or special financial and operations reports as the Secretary
may reasonably request and make such reports available to the public; make available to the
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public at reasonable times and places a report of the airport budget in a format prescribed by
the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations and
other instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request;
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this Grant Agreement
including deeds, leases, agreements, regulations, and other instruments, available for
inspection by any duly authorized agent of the Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary and make available
to the public following each of its fiscal years, an annual report listing in detail:
1. all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2. all services and property provided by the airport to other units of government and the
amount of compensation received for provision of each such service and property.
27. Use by Government Aircraft.
It will make available all of the facilities of the airport developed with Federal financial assistance
and all those usable for landing and takeoff of aircraft to the United States for use by Government
aircraft in common with other aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,
or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such aircraft are in excess of
those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that:
a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent
thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the
airport (the total movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities.
It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or
desirable for construction, operation, and maintenance at Federal expense of space or facilities for
such purposes. Such areas or any portion thereof will be made available as provided herein within
four months after receipt of a written request from the Secretary.
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29. Airport Layout Plan.
a. The airport owner or operator will maintain a current airport layout plan of the airport
showing:
1. boundaries of the airport and all proposed additions thereto, together with the boundaries
of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
additions thereto;
2. the location and nature of all existing and proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars and roads), including all
proposed extensions and reductions of existing airport facilities;
3. the location of all existing and proposed non-aviation areas and of all existing
improvements thereon; and
4. all proposed and existing access points used to taxi aircraft across the airport’s property
boundary.
b. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or
disapprove the plan and any revision or modification of the plan before the plan, revision, or
modification takes effect.
c. The owner or operator will not make or allow any alteration in the airport or any of its facilities
unless the alteration—
1. is outside the scope of the Secretary’s review and approval authority as set forth in
subsection (x); or
2. complies with the portions of the plan approved by the Secretary.
d. When the airport owner or operator makes a change or alteration in the airport or the
facilities which the Secretary determines adversely affects the safety, utility, or efficiency of
any federally owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or operator
will, if requested, by the Secretary:
1. eliminate such adverse effect in a manner approved by the Secretary; or
2. bear all costs of relocating such property or its replacement to a site acceptable to the
Secretary and of restoring the property or its replacement to the level of safety, utility,
efficiency, and cost of operation that existed before the alteration was made, except in
the case of a relocation or replacement of an existing airport facility due to a change in the
Secretary’s design standards beyond the control of the airport sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall, on
the grounds of race, color, and national origin (including limited English proficiency) in accordance
with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed
and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975
and related requirements; or disability per the Americans with Disabilities Act of 1990 and related
requirements, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination in any program and activity conducted with, or benefiting from, funds
received from this Grant.
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a. Using the definitions of activity, facility, and program as found and defined in 49 CFR
§§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all non-discrimination requirements imposed by or
pursuant to these assurances.
b. Applicability
1. Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor’s program or activities, these requirements extend to all of the
sponsor’s programs and activities.
2. Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in
the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of, personal property, or real property, or interest therein, or
structures or improvements thereon, in which case the assurance obligates the sponsor, or any
transferee for the longer of the following periods:
1. So long as the airport is used as an airport, or for another purpose involving the provision
of similar services or benefits; or
2. So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all solicitations for
bids, Requests For Proposals for work, or material under this Grant Agreement and in all
proposals for agreements, including airport concessions, regardless of funding source:
“The (City of Loveland, Colorado and City of Fort Collins, Colorado), in accordance with the
provisions of Title VI of the Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any
contract entered into pursuant to this advertisement, all businesses will be afforded full and
fair opportunity to submit bids in response to this invitation and no businesses will be
discriminated against on the grounds of race, color, national origin (including limited English
proficiency), creed, sex , age, or disability in consideration for an award.”
e. Required Contract Provisions.
1. It will insert the non-discrimination contract clauses requiring compliance with the acts and
regulations relative to non-discrimination in Federally-assisted programs of the
Department of Transportation (DOT), and incorporating the acts and regulations into the
contracts by reference in every contract or agreement subject to the non-discrimination in
Federally-assisted programs of the DOT acts and regulations.
2. It will include a list of the pertinent non-discrimination authorities in every contract that is
subject to the non-discrimination acts and regulations.
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3. It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of
race, color, national origin (including limited English proficiency), creed, sex, age, or
disability as a covenant running with the land, in any future deeds, leases, license, permits,
or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
g. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such
purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States' share of acquisition of such land
will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2)
transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give
preference to the following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
If land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of the
land. Revenues derived from such a lease may be used for an approved airport development
project that would otherwise be eligible for grant funding or any permitted use of airport
revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
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States' proportionate share of the fair market value of the land. That portion of the proceeds of
such disposition which is proportionate to the United States' share of the cost of acquisition of
such land will, upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order:
1. Reinvestment in an approved noise compatibility project;
2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C.
§ 47117(e);
3. Reinvestment in an approved airport development project that is eligible for grant funding
under 49 U.S.C. §§ 47114, 47115, or 47117;
4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved
noise compatibility project at that airport; or
5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be
needed for aeronautical purposes (including runway protection zones) or serve as noise buffer
land, and (2) the revenue from interim uses of such land contributes to the financial self-
sufficiency of the airport. Further, land purchased with a grant received by an airport operator
or owner before December 31, 1987, will be considered to be needed for airport purposes if
the Secretary or Federal agency making such grant before December 31, 1987, was notified by
the operator or owner of the uses of such land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title
49 U.S.C., it will award each contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural services, preliminary engineering,
design, engineering, surveying, mapping or related services in the same manner as a contract for
architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an
equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions.
It will not allow funds provided under this Grant to be used to fund any project which uses any
product or service of a foreign country during the period in which such foreign country is listed by
the United States Trade Representative as denying fair and equitable market opportunities for
products and suppliers of the United States in procurement and construction.
34. Policies, Standards, and Specifications.
It will carry out any project funded under an Airport Improvement Program Grant in accordance
with policies, standards, and specifications approved by the Secretary including, but not limited to,
current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist_0.pdf) for
AIP projects as of January 16, 2025.
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35. Relocation and Real Property Acquisition.
a. It will be guided in acquiring real property, to the greatest extent practicable under State law,
by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse
property owners for necessary expenses as specified in Subpart B.
b. It will provide a relocation assistance program offering the services described in Subpart C of 49
CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as
required in Subpart D and E of 49 CFR Part 24.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award
and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor
shall not discriminate on the basis of race, color, national origin or sex in the administration of its
Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business
Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take
all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the
award and administration of DOT-assisted contracts, and/or concession contracts. The sponsor’s
DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are
incorporated by reference in this agreement. Implementation of these programs is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification
to the sponsor of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. §§ 3801-3809, 3812).
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C.
§ 47102) has been unable to accommodate one or more requests by an air carrier for access to
gates or other facilities at that airport in order to allow the air carrier to provide service to the
airport or to expand service at the airport, the airport owner or operator shall transmit a report
to the Secretary that:
1. Describes the requests;
2. Provides an explanation as to why the requests could not be accommodated; and
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3. Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due date.
40. Access to Leaded Aviation Gasoline
a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time
during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of,
or self-fueling with, 100-octane low lead aviation gasoline.
b. This requirement remains until the earlier of December 31, 2030, or the date on which the
airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that
has been authorized for use by the FAA as a replacement for 100-octane low lead aviation
gasoline for use in nearly all piston-engine aircraft and engine models; and meets either an
industry consensus standard or other standard that facilitates the safe use, production, and
distribution of such unleaded aviation gasoline, as determined appropriate by the FAA.
c. An airport owner or operator understands and agrees, that any violation of this grant assurance
is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8).
EXHIBIT A TO RESOLUTION 2025-074
Page 413
Item 22.
File Attachments for Item:
23. Resolution 2025-075 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins, Colorado and Larimer County for the Maintenance of
Jointly Owned Roadways.
The City shares many roadway maintenance responsibilities with Larimer County. Shared
maintenance responsibilities between our respective boundaries can include roadside mowing,
snow removal, pavement marking, sign maintenance and roadway surface maintenance. The
attached Intergovernmental Agreement (IGA) details two areas where both the City and County
share common boundaries and wish to jointly perform surface maintenance on the roadway.
Page 414
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
William Welborn, Civil Engineer III
Darren Moritz, Streets Assistant Director/Street Maintenance Program Manager
Mallory Gallegos, Director, Street Maintenance & Operations
SUBJECT
Resolution 2025-075 Authorizing the Execution of an Intergovernmental Agreement Between the
City of Fort Collins, Colorado and Larimer County for the Maintenance of Jointly Owned Roadways.
EXECUTIVE SUMMARY
The City shares many roadway maintenance responsibilities with Larimer County. Shared maintenance
responsibilities between our respective boundaries can include roadside mowing, snow removal, pavement
marking, sign maintenance and roadway surface maintenance. The attached Intergovernmental
Agreement (IGA) details two areas where both the City and County share common boundaries and wish
to jointly perform surface maintenance on the roadway.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
To minimize cost, increase efficiency and provide a streamlined process for road maintenance activities for
the community, the City and Larimer County wish to coordinate maintenance of shared ownership
roadways and share associated costs. The attached IGA sets forth the mutual obligations of the City and
the County with respect to two areas where both the City and County share common boundaries and wish
to perform surface maintenance on the roadway. Pursuant to this IGA, the City will reimburse the County
up to the amount specified for work performed by the County on the shared roadways. This effort will be
managed by the County, however, it will have both City and County staff project oversight.
Larimer County has already approved and signed their portion of the proposed agreement.
CITY FINANCIAL IMPACTS
Project costs will be shared with Larimer County. The agreement details a not-to-exceed cost due to the
County from the City upon project completion.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 415
Item 23.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-075
Page 416
Item 23.
-1-
RESOLUTION 2025-075
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITTY
OF FORT COLLINS, COLORADO AND LARIMER COUNTY FOR
THE MAINTENANCE OF JOINTLY OWNED ROADWAYS
A. The City of Fort Collins (“City”) and Larimer County (“County”) each
maintain a network of roads, many of which are shared along their common boundaries
This maintenance includes roadside mowing, snow removal, pavement marking, sign
maintenance and roadway surface maintenance.
B. To minimize cost, increase efficiency, and provide a streamlined process
for road maintenance activities, the City has entered into intergovernmental agreements
with the County to provide for coordinated maintenance of these shared roadways and
sharing of the associated costs.
C. The attached intergovernmental agreement (“IGA”) between the City and
County provides for coordinated maintenance activities to be completed by the County
on shared roadway areas of Richards Lake Road and Horsetooth Road (Larimer County
Road 40) between July 8, 2025, and July 7, 2026.
D. Colorado Revised Statutes Section 29-1-203(1) permits governments to
“cooperate or contract with one another to provide any function, service, or facility lawfully
authorized to each of the cooperating or contracting units, including the sharing of costs,
the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are
authorized by each party thereto with the approval of its legislative body or other authority
having the power to so approve…”.
E. City Charter Article II, Section 16 empowers the City Council, “by ordinance
or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities
with other governmental bodies.”
F. City Code Section 1-22(b)(2)(b) requires the City Council to approve all
IGAs that require the City to make a direct, monetary payment over $50,000. The attached
IGA requires the City to reimburse the County up to $130,000 and $50,000 for road
maintenance performed on Richards Lake Road and Horsetooth Road respectively.
G. City Council has determined that the IGA is in the best interests of the City
and that the City Manager should be authorized to execute the IGA between the City and
County in support thereof.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Page 417
Item 23.
-2-
Section 1. City Council hereby authorizes the City Manager to execute , on
behalf of the City, an IGA in substantially the form attached hereto as Exhibit A, together
with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines to be necessary and appropriate to protect the interests of the City
or effectuate the purposes of this Resolution as set forth above.
Section 2. During the term of the IGA the City Manager, in consultation with the
City Attorney, also is authorized to approve and execute amendments to the IGA
consistent with this Resolution so long as the City Manager determines such
amendments: (a) are reasonably necessary and appropriate to protect the City’s interests
or provide a benefit to the City; (b) effectuate the purposes of this Resolution; and (c) limit
the City’s financial obligation to expenditure of funds already appropriated and approved
by Council or conditioned upon such appropriation.
Passed and adopted on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 19, 2025
Approving Attorney: Madelene Shehan
Exhibit: Exhibit A – IGA For Shared Roadways Maintenance Cost
Page 418
Item 23.
EXHIBIT A TO RESOLUTION 2025-075
Page 419
Item 23.
EXHIBIT A TO RESOLUTION 2025-075
Page 420
Item 23.
EXHIBIT A TO RESOLUTION 2025-075
Page 421
Item 23.
EXHIBIT A TO RESOLUTION 2025-075
Page 422
Item 23.
EXHIBIT A TO RESOLUTION 2025-075
Page 423
Item 23.
File Attachments for Item:
24. Resolution 2025-076 Making Appointments to the Youth Advisory Board .
The purpose of this item is to fill existing vacancies on the Youth Advisory Board.
Pursuant to Council policy, the recommended appointees have completed or will complete the
required acknowledgement and acceptance of the Code of Conduct and the applicable laws and
policies that govern service on City of Fort Collins boards and commissions.
Page 424
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Davina Lau, Public Engagement Specialist
SUBJECT
Resolution 2025-076 Making Appointments to the Youth Advisory Board.
EXECUTIVE SUMMARY
The purpose of this item is to fill existing vacancies on the Youth Advisory Board.
Pursuant to Council policy, the recommended appointees have completed or will complete the required
acknowledgement and acceptance of the Code of Conduct and the applicable laws and policies that govern
service on City of Fort Collins boards and commissions.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2023, Council adopted a Code of Conduct and updated Boards and Commissions Policy, along with
other policies and procedures that apply to service on City boards and commissions. Each board and
commission appointee is required to acknowledge and accept these requirements to take appointed office.
This Resolution appoints five individuals to fill vacancies left from previous board members. The
appointments will begin and expire as noted next to each recommended name shown below and in the
individual resolution.
Youth Advisory Board
Appointments Term Effective Date Expiration of Term
Ophelia Bliven (Seat C) Immediately Upon Adoption of
this Resolution June 30, 2028
Kristy Yang (Seat F) Immediately Upon Adoption of
this Resolution June 30, 2026
Garrett Putnam (Seat G) Immediately Upon Adoption of
this Resolution June 30, 2029
Brooks Fohrman (Seat I) Immediately Upon Adoption of
this Resolution June 30, 2028
Page 425
Item 24.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Annalise Chaffee (Seat L) Immediately Upon Adoption of
this Resolution June 30, 2027
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Public outreach to seek applicants for boards and commissions included a spotlight and press release on
the City website, media releases for earned coverage in local media sources, and social media promotion
of opportunities.
ATTACHMENTS
1. Youth Advisory Board Applications
2. Resolution 2025-076
Page 426
Item 24.
Page 427
Item 24.
Ophelia Bliven 2/21/2025 6:18 PM
2 of 3 Page 428
Item 24.
Page 429
Item 24.
Why do you want to become a member of this particular board and what
do you hope to gain from this experience?
I want to be a part of the Fort Collins Youth
Advisory Board because I believe it is a
way that I can better connect and
contribute to our community. For me,
talking and connecting to people has
always been an important part of my life.
Most of my extracurriculars and other
things I spend my time doing involve
connecting more with the people around
me. For example, I applied and was
accepted into a Study Aboard Program in
Yucatan, Mexico this summer. This type of
program drew my attention because I am
studying to become bilingual (Spanish and
English), because I believe being able to
speak someone's native language is a key
factor to connecting with them. The
program is also going to allow me to better
understand the different perspectives of
people who live in another country and are
living a different life then me. Since I was a
child I was always drawn to helping my
community, which is another reason I want
to be a part of this board. For example,
when I was in 6th grade I fundraised over
$600 and handmade over 20 blankets for
the Fort Collins Rescue Mission, and since
then I have been looking for ways to help
this community more. I truly believe this
advisory board is an amazing way to make
an impact in our community, which I care
about deeply. Overall, connecting to the
people in my community is an extremely
important thing to me, and I also would like
to continue that following a career path in
community engagement, international
affairs, or immigration law. Regardless of
my career path I would like help people in
some way. I hope to gain more
connections to leaders and people in my
community by joining this board, so that I
can further positively impact and change
our community for the better. I also would
love to learn more about our programs and
aid for people in need in our city and
contribute my ideas and suggestions to
those programs as well. I hope being on
this board will further my knowledge on this
and allow more ability for me to give back
to Fort Collins.
If applicable, please list any other clubs, groups, or other organizational
bodies that you are a member.
Student Council, DECA, Arsenal Club
Soccer (Fort Collins), Rocky Mountain
High School Soccer, Link Crew (a Rocky
club) ,
I acknowledge that, as a board member, I must check my email
communications regularly and respond to staff members in a timely
manner.
YES
Have you ever been the subject of a code of conduct or ethics complaint?
If yes, please explain.
no
Have you ever been found in violation of the code of conduct or ethics
rule? If yes, please explain.
no
2 of 4
Page 430
Item 24.
Annalise Chaffee 6/3/2025 6:04 PM
3 of 4 Page 431
Item 24.
Page 432
Item 24.
Brooks Fohrman 5/25/2025 6:42 PM
2 of 3 Page 433
Item 24.
Page 434
Item 24.
Garrett Putman 1/20/2025 3:47 PM
2 of 3 Page 435
Item 24.
Garrett Putman
Reliable, hard-working middle school student-athlete interested in joining the Youth Advisory Board. Driven to
develop strong academic and leadership skills, involved in extensive extracurricular activities. Passionate
about Fort Collins and its history.
Education - Poudre School District
● 8th grade, Class of 2029 - Boltz Middle School, 720 Boltz Dr Fort Collins, 80525
○ Algebra 1, Spanish 1A-B, Phoenix Singers, 8th grade concert choir
Academic Achievements
● National Junior Honor Society - 7,8
● Phoenix/ Citizen of the Month - 8
● Positive Referral - 6
● Yearbook - 7
● WEB (Where Everyone Belongs) - 8
Athletics
● Boltz Golf 7,8 (Expected)
● Fort Collins Area Swim Team (FAST) (Club); 2017-Present
○ State Qualifier - 2022-present
Extracurriculars and Clubs
● YRYLA (Young Rotary Youth Leadership Awards) - 2024
● Troop 83 - BSA Scouts: 2022 - Present
○ Current Rank: Life
○ Order of the Arrow - May 2024
○ Patrol Leader - 6, 7
○ Troop Scribe - 6, 7, 8
○ Assistant Senior Patrol Leader - 8
● First United Methodist Church Youth Group - 6,7,8
● Piano - 2017-present
Volunteer
● Scouts BSA - Cub Scout Camp Jack Nicol: Junior Camp Counselor - 5,6
● Shepardson Elementary - 7,8
Page 436
Item 24.
Page 437
Item 24.
Kristy Yang 2/24/2025 12:08 PM
2 of 3 Page 438
Item 24.
-1-
RESOLUTION 2025-076
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO THE YOUTH ADVISORY BOARD
A. The Youth Advisory Board has vacancies due to the resignation of Vince
Hochhalter and Jake Radis as well as the expiration of certain members terms .
B. Councilmembers interviewed candidates for these appointments on April
29, 2025 and July 2, 2025.
C. The City Council desires to make appointments to fill these vacancies on
the Youth Advisory Board.
D. In 2023, the City Council adopted a Code of Conduct and updated Boards
and Commissions Policy, along with other policies and procedures that apply to service
on City boards and commissions. Each board and commission appointee is required to
acknowledge and accept these requirements in order to take appointed office.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The following named persons are hereby appointed to fill the open
vacancies on the Youth Advisory Board with terms to begin and expire as noted below
next to each appointee’s name:
Youth Advisory Board
Appointments Term Effective Date Expiration of Term
Ophelia Bliven (Seat C) Immediately Upon Adoption of
this Resolution June 30, 2028
Kristy Yang (Seat F) Immediately Upon Adoption of
this Resolution June 30, 2026
Garrett Putnam (Seat G) Immediately Upon Adoption of
this Resolution June 30, 2029
Brooks Fohrman (Seat I) Immediately Upon Adoption of
this Resolution June 30, 2028
Annalise Chaffee (Seat L) Immediately Upon Adoption of
this Resolution June 30, 2027
Section 2. No person appointed in this Resolution may take office until they
have completed the required acknowledgement and acceptance of the Code of
Page 439
Item 24.
-2-
Conduct and the applicable laws and policies that govern service on City of Fort Collins
boards and commissions.
Passed and adopted on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 19, 2025
Approving Attorney: Carrie Daggett
Exhibit: None
Page 440
Item 24.
File Attachments for Item:
25. First Reading of Ordinance No. 141, 2025, Expressing Support for the
Recommendations of the Civic Assembly and Adopting a Conceptual Framework for the
Use and Management of the Hughes Stadium Site.
The purpose of this item is to consider an Ordinance to support the Civic Assembly’s
recommendations presented to Council on May 27, 2025, and to add additional specification to
those recommendations.
Page 441
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Project and Policy Manager
SUBJECT
First Reading of Ordinance No. 141, 2025, Expressing Support for the Recommendations of the
Civic Assembly and Adopting a Conceptual Framework for the Use and Management of the Hughes
Stadium Site.
EXECUTIVE SUMMARY
The purpose of this item is to consider an Ordinance to support the Civic Assembly’s recommendations
presented to Council on May 27, 2025, and to add additional specification to those recommendations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
One of the identified 2024-2026 Council priorities is to develop a Hughes Site Master Plan for the
approximately 165-acre site by engaging in an inclusive process to determine desired future uses on the
site. Implementation of this priority resulted in a Civic Assembly process. Twenty delegates were randomly
selected from across Fort Collins to reflect the city's demographic diversity in terms of age, Council district,
housing status, household income, and educational attainment.
The Assembly convened for two full weekends: April 12-13 and May 3-4 to answer the following question:
“Informed by the diverse needs of our community, what use of the Hughes site will contribute most
effectively to Fort Collins’ long-term vitality and meet the requirements outlined in the 2021 ballot
measure?”
On May 27, 2025, staff and delegates from the Assembly presented the final report and recommendations
to Council, which included:
Property should be utilized for multiple uses to include a combination of bike park, open spaces, natural
areas, trails and conservation/education features;
Indigenous consultation, support, and opportunities should be included throughout the development of
the site;
Natural habitats should be restored throughout the development, as possible;
Outdoor education and interpretation should be included;
Page 442
Item 25.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Multi-use center for public gathering, wildlife rehabilitation (i.e. wildlife hospital facility), learning and
education, and Indigenous cultural representation ;
Minimize light pollution;
Include trail connections to Maxwell and Pineridge; and
City will consult with land use experts, planners, architects, and designers for the optimal location of
site features.
At an additional Work Session on July 8, 2025, staff presented a draft document of support for Council
discussion. Based on feedback, the following updates have been incorporated:
Ordinance language should stick as close as possible to the Civic Assembly recommendations;
Uses recommended by the Civic Assembly should all use the same language, i.e. “the City will” vs “the
City may include;”
Specifically include wildlife rehabilitation as part of the environmental education partnership
opportunities and increase acreage from 20 acres to 30 acres; and
Clarification around “open space” (changed to City-owned land).
Also based on feedback from the work session, Council will consider referring the Ordinance as a ballot
measure at the September 2 Council meeting.
The Ordinance will direct City staff to create development and management plans for the site in accordance
with the following principles:
Development and management of the Hughes Site will align with its zoning as Public Open Lands;
The City will endeavor to engage in on-going consultations with Native American tribes and the
Indigenous community throughout the development of the Hughes Site;
The City will cultivate predominantly native and xeric vegetation and the Hughes Site will feature a
naturalistic architectural palette;
The City’s Natural Areas Department will acquire, maintain and restore a portion of the Hughes Site as
a Natural Area, not to exceed 60 acres;
On a portion of the Hughes Site not to exceed 30 acres, the City will pro vide environmental education
partnership opportunities, to include but not be limited to wildlife rehabilitation, and zoning-appropriate
structures;
The City will develop and manage the remaining acreage as a park, to include but not be limited to the
following amenities:
o Connective trail system throughout the Hughes Site;
o Bike park features, not to exceed 35 acres;
o A community gathering space, available for reservation by permit; and
o Any necessary supporting facilities, including restrooms, shade structures, trash collection, and
parking.
Existing uses such as the disc golf course and sledding hill may continue in appropriate locations
according to the plans for the site;
The City will manage features of the developed Hughes Site appropriately considering their respective
lifecycles;
Development and redevelopment of the Hughes Site will proceed over time as planning, design, and
funding allow;
Page 443
Item 25.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
City projects to develop the Hughes Site will proceed through the applicable components of the City’s
development review process to ensure compliance with all current standards (e.g. stormwater, lighting,
etc.); and
The City will manage the Natural Area in accordance with City laws and policies regarding Natural
Areas. The City will manage the park in accordance with City laws and policies governing parks.
CITY FINANCIAL IMPACTS
Development and redevelopment of the Hughes Site will proceed over time once a site plan has been
approved and as planning, design, and funding allow. Funding will be identified over time.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
A representative each from the Land Conservation and Stewardship (LCSB), Natural Resources, Parks
and Recreation, and Youth Advisory Boards all participated in the Information Committee which was a
critical element of the Civic Assembly process to curate information and initial presenters for their first
weekend.
A Super Issues meeting was held on June 23, 2025, which was open to the public. Substantive questions
centered around the site’s planning details, civic assembly process, and community representation.
During their regular meeting on July 23, 2025, LCSB recommended that Council not adopt the Civic
Assembly Resolution and Council not refer the Civic Assembly’s recommendations to the ballot. Board
minutes will be considered for approval during their August 13, 2025, meeting and a copy will be shared
with Council in their read before packet.
PUBLIC OUTREACH
The project webpage (ourcity.fcgov.com/future-of-hughes) remains the central hub for updates, news and
engagement. The site also serves as an information portal regarding the associated Civic Assembly
process and recommendations and subsequent Council deliberations.
If Council refers this topic to the ballot, public engagement and communications efforts will conform with
election-related policies, particularly regarding neutrality in public information and restrictions on advocacy
during active ballot periods.
As this project marks the City's first use of a Civic Assembly as a community decision-making tool, we will
also be conducting follow-up public engagement to gauge the community’s feelings about (and knowledge
of) the process and its effectiveness. This work is anticipated to start in fall 2025 following the election and
after the final result of any ballot measures is known.
ATTACHMENTS
1. Proposed Resolution on Hughes Stadium Development (redlined)
2. Presentation
3. Ordinance No. 141, 2025
Page 444
Item 25.
REDLINE CHANGES FROM JULY 8 WORK SESSION
-1-
RESOLUTION 2025-XXX
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING SUPPORT FOR AND ELABORATING UPON THE
RECOMMENDATIONS OF THE CIVIC ASSEMBLY FOR THE
DEVELOPMENT AND MANAGEMENT OF THE HUGHES
STADIUM SITE
A. In 2021, a citizen-initiated ballot initiative was passed by the voters requiring
the City to purchase the Hughes Stadium Site (the “Hughes Site”), rezone the 164-acre
Hughes Site to Public Open Lands District (POL), and use the Hughes Site for “parks,
recreation, and open lands, natural areas, and wildlife rescue and restoration.”
B. The City and the Board of Governors of the CSU System signed a contract
on March 2, 2023 for the City to purchase the Hughes Site. The transaction closed and
the City acquired the Hughes Site on June 30, 2023. The total cost of the purchase,
including closing costs, was $12,700,000.
C. In 2024, the City commenced a Civic Assembly process to engage the
public about the development and management of the Hughes Site. After extensive
preparations, in April and May of this year a group of twenty lottery -selected Fort Collins
residents, representing a balanced cross-section of the community, met to create
recommendations for the development and management of the Hughes Site. At a series
of open meetings, the Civic Assembly heard from an array of presenters about potential
uses of the Hughes Site consistent with its zoning as Public Open Lands.
D. Members of the Civic Assembly and City staff presented the Assembly’s
recommendations for the development and management of the Hughes Site to City
Council on May 27, 2025. These recommendations included that the City should:
a) Develop and manage the Hughes Site for multiple uses to include a
combination of bike park, open spaces, natural area, trails and
conservation/education features;
b) Include Indigenous/Native American consultation, and provide support
and opportunities for Indigenous communities;
c) Restore natural habitats throughout the development of the Hughes Site,
as possible;
d) Include outdoor education and interpretation ;
e) Multi-use center for public gatherings, wildlife rehabilitation (i.e. wildlife
hospital facility), learning and education and Indigenous cultural
representation;
e) Develop community gathering space;
f) Minimize light pollution;
g) Include trail connections to Maxwell and Pineridge Natural Areas; and
h) Consult with land use experts, planners, architects and designers for the
optimal location of site features.
Formatted: Indent: Left: 0.75", No bullets or
numbering
Page 445
Item 25.
REDLINE CHANGES FROM JULY 8 WORK SESSION
-2-
E. The City Council identified adoption of a general plan for use of the Hughes
Site as one of its priorities for the 2024-2026 term.
F. Through this Resolution, City Council expresses its support for the Civic
Assembly’s recommendations to be included in the plan for development of the Hughes
Site. The City Council further, through this Resolution, seeks to elaborate upon those
recommendations by setting acreage limitations for certain uses, discussing best
practices for open space design and management, and acknowledging that flexibility in
the development and management of City owned land open spaces is necessary to meet
the changing needs of Fort Collins over time. City Council also notes that it will be the
work of future City Councils to implement the vision for the Hughes Site established in
this Resolution.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council supports the development and management of the
Hughes Site in accordance with the following principles:
1) Development and management of the Hughes Site will align with its
zoning as Public Open Lands;
2) The City will endeavor to engage in on-going consultations with Native
American tribes and the Indigenous community throughout the
development of the Hughes Site;
3) The City will cultivate predominantly native and xeric vegetation and the
Site will feature a naturalistic architectural palette;
4) The City’s Natural Areas Department will acquire, maintain and restore a
portion of the Hughes Site as a Natural Area, not to exceed 60 acres;
5) On a portion of the Hughes Site not to exceed 30 acres, t The City will
provide environmental education partnership opportunities, to include but
not limited to wildlife rehabilitation, and including zoning-appropriate
structures, not to exceed 20 acres.
6) The City will develop and manage the remaining acreage as a park, to
include but not limited to which may include the following amenities:
a. Connective trail system throughout the Hughes Site;
b. Disc golf course;
c. Sledding hill;
d.b. Bike park features, not to exceed 35 acres;
e.c. A community gathering space, available for reservation by permit;
f.d. Any necessary supporting facilities, including restrooms, shade
structures, trash collection, and parking.
7) Existing uses such as the disc golf course and sledding hill may continue
in appropriate locations according to the plans for the site.
7)8) The City will manage features of the developed Hughes Site
appropriately in light of their respective lifecycles;
8)9) Development and redevelopment of the Hughes Site will proceed over
Formatted: Indent: Left: 1.19", No bullets or
numbering
Page 446
Item 25.
REDLINE CHANGES FROM JULY 8 WORK SESSION
-3-
time as planning, design and funding allow ;
9)10) City projects to develop the Hughes Site will proceed through the
applicable components of the City’s development review process to
ensure compliance with all current standards (e.g. stormwater, lighting,
etc.).
10)11) The City will manage the Natural Area in accordance with City laws
and policies regarding Natural Areas. The City will manage the park in
accordance with City laws and policies governing parks.
Passed and adopted on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: [date]
Approving Attorney: [name]
Exhibits:
Page 447
Item 25.
Headline Copy Goes Here
Addressing Council Priority
to develop a Hughes Site
Plan
Civic Assembly
Recommendations
08-19-2025
Page 448
Item 25.
Headline Copy Goes Here
2
Overview
1 2
4
3
5
6
2021 June 2023 Aug 2024
May 27, 2025
Jul 8
Civic assembly
convenesCouncil Work
Session: Civic
assembly provides
recommendation
Council Work
Session
Council
approves use of
Civic assemblyApril –May
Ballot Measure
Passes
City acquires
site from CSU
87
Nov 2025Aug 19/Sept 2
Council considers Ordinance
& Ballot Referral
Potential ballot measure
Page 449
Item 25.
Headline Copy Goes HereCivic Assembly Question
3
“Informed by the diverse needs of
our community, what use of the
Hughes site will contribute most
effectively to Fort Collins’ long-term
vitality and meet the requirements
outlined in the 2021 ballot measure?”
Page 450
Item 25.
Headline Copy Goes HereCivic Assembly Recommendations
4
Super Majority Outcomes Included:
•Property should be utilized for multiple uses
•Indigenous consultation, support and opportunities should
be included
•Natural habitats should be restored throughout the
development, as possible
•Outdoor education and interpretation should
be included
•Community gathering space(s)
•Minimize light pollution
•Include trail connections to Maxwell and Pineridge
•City will consult with land use experts, planners, architects
and designers for the optimal location of site features
Page 451
Item 25.
Headline Copy Goes HereOrdinance Language
5
•On-going consultation with tribes
and the Indigenous community
throughout the development of
the site.
•The site character will be
predominantly native and xeric
vegetation and have a naturalistic
architectural palette
•Natural Areas will acquire and
restore/maintain up to 60 acres of
the property.
Page 452
Item 25.
Headline Copy Goes Here
6
Ordinance Language
Acres not designated as a Natural Area
will be designed and managed by Parks.
Includes but not limited to:
•Connective trail system throughout the site
•Bike park features not to exceed 35 acres
•A community gathering space available
for permitting
•Any necessary restroom facilities, shade
structures, trash collection, parking, etc.
Existing uses such as the disc golf course
and sledding hill may continue
Page 453
Item 25.
Headline Copy Goes HereOrdinance Language
7
•Not to exceed 30 acres: environmental
education partnership opportunities, to
include but not limited to wildlife
rehabilitation and zoning-appropriate
structures
•Development and redevelopment
of the Hughes Site will proceed
over time as planning, design
and funding allow.
•Site development implemented
through the City’s development review
process to ensure compliance with all
current standards (e.g., stormwater,
lighting, etc.).
Primrose Studio
Reservoir Ridge Natural Area
Page 454
Item 25.
-1-
ORDINANCE NO. 141, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING SUPPORT FOR THE RECOMMENDATIONS OF
THE CIVIC ASSEMBLY AND ADOPTING A CONCEPTUAL
FRAMEWORK FOR THE USE AND MANAGEMENT OF THE
HUGHES STADIUM SITE
A. In 2021, a citizen-initiated ordinance was passed by the voters requiring the
City to purchase the Hughes Stadium Site (the “Hughes Site”), rezone the approximately
165-acre Hughes Site to Public Open Lands District (“POL”), and use the Hughes Site for
“parks, recreation and open lands, natural areas, and wildlife rescue and education.”
B. The City and the Board of Governors of the CSU System signed a contract
on March 2, 2023, for the City to purchase the Hughes Site. The transaction closed and
the City acquired the Hughes Site on June 30, 2023. The total cost of the purchase,
including closing costs, was $12,700,000.
C. In 2024, the City commenced a Civic Assembly process to engage the
public about the development and management of the Hughes Site. After exte nsive
preparations, in April and May of this year a group of twenty lottery-selected Fort Collins
residents, representing a balanced cross-section of the community, met to create
recommendations for the development and management of the Hughes Site. At a s eries
of open meetings, the Civic Assembly heard from an array of presenters about potential
uses of the Hughes Site consistent with its zoning as Public Open Lands.
D. Members of the Civic Assembly and City staff presented the Assembly’s
recommendations for the development and management of the Hughes Site to City
Council on May 27, 2025. These recommendations included that the City should:
a) Develop and manage the Hughes Site for multiple uses to include a
combination of bike park, open spaces, natural area, trails, and
conservation/education features;
b) Include Indigenous/Native American consultation, and provide support
and opportunities for Indigenous communities;
c) Restore natural habitats throughout the development of the Hughes Site,
as possible;
d) Include outdoor education and interpretation;
e) Include a multi-use center for public gatherings, wildlife rehabilitation (i.e.
wildlife hospital facility), learning and education, and Indigenous cultural
representation;
f) Minimize light pollution;
g) Include trail connections to Maxwell and Pineridge Natural Areas; and
h) Consult with land use experts, planners, architects, and designers for the
optimal location of site features.
Page 455
Item 25.
-2-
E. The City Council identified adoption of a general plan for use of the Hughes
Site as one of its priorities for the 2024-2026 term.
F. Through this Ordinance, City Council expresses its support for the Civic
Assembly’s recommendations to be included in the plan for development of the Hughes
Site. The City Council further, through this Ordinance, elaborates upon those
recommendations by setting acreage limitations for certain uses, discussing best
practices for design, use and management, and acknowledges that flexibility in the
development and management of City-owned land is necessary to meet the changing
needs of Fort Collins over time. City Council also note s that it will be the work of future
City Councils to implement the vision for the Hughes Site established in this Ordinance.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Council directs City staff to create development and
management plans for the Hughes Site in accordance with the following principles:
1) Development and management of the Hughes Site will align with its
zoning as Public Open Lands;
2) The City will endeavor to engage in on-going consultations with Native
American tribes and the Indigenous community throughout the
development of the Hughes Site;
3) The City will cultivate predominantly native and xeric vegetation and the
Hughes Site will feature a naturalistic architectural palette;
4) The City’s Natural Areas Department will acquire, maintain and restore a
portion of the Hughes Site as a Natural Area, not to exceed 60 acres;
5) On a portion of the Hughes Site not to exceed 30 acres, the City will
provide environmental education partnership opportunities, to include but
not be limited to, wildlife rehabilitation and zoning-appropriate structures;
6) The City will develop and manage the remaining acreage as a park, to
include but not be limited to the following amenities:
a. Connective trail system throughout the Hughes Site;
b. Bike park features, not to exceed 35 acres;
c. A community gathering space, available for reservation by permit;
and
d. Any necessary supporting facilities, including restrooms, shade
structures, trash collection, and parking;
7) Existing uses such as the disc golf course and sledding hill may continue
in appropriate locations according to the plans for the site;
8) The City will manage features of the developed Hughes Site
appropriately in light of their respective lifecycles;
9) Development and redevelopment of the Hughes Site will proceed over
time as planning, design and funding allow;
10) City projects to develop the Hughes Site will proceed through the
applicable components of the City’s development review process to
Page 456
Item 25.
-3-
ensure compliance with all current standards (e.g. stormwater, lighting,
etc.); and
11) The City will manage the Natural Area in accordance with City laws and
policies regarding Natural Areas. The City will manage the park in
accordance with City laws and policies governing parks.
Introduced, considered favorably on first reading on August 19, 2025, and
approved on second reading for final passage on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective date: September 12, 2025
Approving Attorney: Ted Hewitt
Exhibits: None
Page 457
Item 25.
File Attachments for Item:
26. Resolution 2025-077 Submitting to a Vote of the Registered Electors of the City a
Proposed Ordinance Extending the Expiring Twenty-Five H undredths Percent (0.25%)
“Community Capital Improvement Program” Capital Projects Sales and Use Tax for a
Period of Ten Years for the Purpose of Obtaining Revenue for Capital Projects and
Related Operation and Maintenance.
The purpose of this item is to submit to the ballot a question to extend the expiring 0.25% sales
and use tax (the “Community Capital Improvement Program” or “CCIP”) and to refer the
operative changes to the City’s Municipal Code (the “Code”) for the consideration of voters at
the November 4, 2025, election. The extension, if approved, is estimated to generate
approximately $11 million of annual revenue for the purposes established in the ballot question
and ordinance, including the costs of planning, designing, and constructing specified capital
projects, and to provide operation and maintenance (“O&M”) for some of those projects as
designated. The existing, voter-approved CCIP tax will expire on December 31, 2025. If
approved by voters in November, the renewal as presented will extend the tax for another ten-
year term from January 1, 2026, to December 31, 2035.
The project list for the extension of the 0.25% sales and use tax includes:
• Pedestrian Sidewalk/ADA Compliance
• Arterial Intersection and Streetscapes Improvements Fund
• Bicycle Infrastructure and Overpass/Underpass Program
• Affordable Housing Capital Fund
• Mulberry Pool Recreation Replacement Leveraging Fund
• Poudre River North – Health, Access, Parks & Trails
• Composting Infrastructure Advancement
• Downtown Parks Shop
• Community Bike Park
• Outdoor Pickleball Complex & Courts
• Nature in the City Program
• Transfort Bus Replacements & Stop Enhancements
• Recreational Paved Trails
• Construction Waste Diversion Equipment
• Historic Trolley Building Stabilization
• Gardens on Spring Creek – Children’s Garden & Infrastructure
• Lee Martinez Farm Renovation & Expansion
Page 458
• Timberline Recycling Center Improvements
The projects listed in the ballot question include estimated revenue to support each project,
including estimated capital costs, five years’ O&M for certain projects, and increases from
known inflationary factors. For those projects for which tax revenues may also be used for
O&M, the limitation of five years of O&M was designed to allow those service areas managing
those facilities and programs to collect the necessary data and experience from at least two
budget cycles to determine the appropriations for ongoing O&M costs while maximizing project
revenues supported by this tax (if approved).
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed
ballot title or submission clause for any initiated measure must file such a protest with the City
Clerk, no later than noon on Monday, August 18, 2025. If a protest is filed, a hearing on the
protest will be added to the agenda item and must take place before the Council adopts the
Resolution setting the ballot title and submission clause.
Page 459
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Ginny Sawyer, Policy & Project Manager
Joe Wimmer, Director, Utilities Finance
SUBJECT
Resolution 2025-077 Submitting to a Vote of the Registered Electors of the City a Proposed
Ordinance Extending the Expiring Twenty-Five Hundredths Percent (0.25%) “Community Capital
Improvement Program” Capital Projects Sales and Use Tax for a Period of Ten Years for the
Purpose of Obtaining Revenue for Capital Projects and Related Operation and Maintenance.
EXECUTIVE SUMMARY
The purpose of this item is to submit to the ballot a question to extend the expiring 0.25% sales and use
tax (the “Community Capital Improvement Program” or “CCIP”) and to refer the operative changes to the
City’s Municipal Code (the “Code”) for the consideration of voters at the November 4, 2025, election. The
extension, if approved, is estimated to generate approximately $11 million of annual revenue for the
purposes established in the ballot question and ordinance, including the costs of planning, designing, and
constructing specified capital projects, and to provide operation and maintenance (“O&M”) for some of
those projects as designated. The existing, voter-approved CCIP tax will expire on December 31, 2025.
If approved by voters in November, the renewal as presented will extend the tax for another ten-year term
from January 1, 2026, to December 31, 2035.
The project list for the extension of the 0.25% sales and use tax includes:
• Pedestrian Sidewalk/ADA Compliance
• Arterial Intersection and Streetscapes Improvements Fund
• Bicycle Infrastructure and Overpass/Underpass Program
• Affordable Housing Capital Fund
• Mulberry Pool Recreation Replacement Leveraging Fund
• Poudre River North – Health, Access, Parks & Trails
• Composting Infrastructure Advancement
• Downtown Parks Shop
• Community Bike Park
• Outdoor Pickleball Complex & Courts
• Nature in the City Program
• Transfort Bus Replacements & Stop Enhancements
• Recreational Paved Trails
• Construction Waste Diversion Equipment
• Historic Trolley Building Stabilization
Page 460
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
• Gardens on Spring Creek – Children’s Garden & Infrastructure
• Lee Martinez Farm Renovation & Expansion
• Timberline Recycling Center Improvements
The projects listed in the ballot question include estimated revenue to support each project, including
estimated capital costs, five years’ O&M for certain projects, and increases from known inflationary factors.
For those projects for which tax revenues may also be used for O&M, the limitation of five years of O&M
was designed to allow those service areas managing those facilities and programs to collect the necessary
data and experience from at least two budget cycles to determine the appropriations for ongoing O&M
costs while maximizing project revenues supported by this tax (if approved).
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot title or
submission clause for any initiated measure must file such a protest with the City Clerk, no later than noon
on Monday, August 18, 2025. If a protest is filed, a hearing on the protest will be added to the agenda item
and must take place before the Council adopts the Resolution setting the ballot title and submission clause.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Fort Collins has had sales and use tax dedicated to building a variety of community assets for over 40
years. These programs and the 10-year sunset give the City and the community an opportunity to learn
from experience, to look forward when assessing community needs and to be intentional in implementing
masterplans, Council priorities, and community desires.
The current CCIP tax will expire on December 31, 2025. Staff analyzed continued capital needs and
presented projects to Council, the Council Finance Committee, and the com munity throughout 2024 and
2025. Staff has been working with Council and the community for over 18-months to develop the proposed
project package. This iterative process has resulted in a final package that touches all parts of the City,
leverages other dollars, advances community needs and desires, and directly impacts Council priorities.
From this work, staff compiled a package of projects to present to Council for consideration of referring the
extension to voters at the November 4, 2025, election.
This package differs from previous packages, in that some previous programs have been combined and
less specificity has been included. This is intentional and is meant to provide residents enough certainty,
while also allowing a degree of flexibility due to an uncertain economic landscape and volatility in federal
funding.
The proposed project list for the extension of the 0.25% sales and use tax also represents a package
intended to demonstrate the community value of these projects. Further, the list was de signed for the
purpose of broadly benefitting a variety of residents while also addressing basic infrastructure needs and
existing deficiencies.
PROPOSED PACKAGE
Project Rationale and Details
Language in italics will be included in the project list, attached to (Proposed) Voter-Approved Ordinance
No. 003, 2025 as Exhibit “A”.
Page 461
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
Ongoing Capital Programs-Transportation/Engineering
Arterial Intersection Improvement & Streetscapes Program- $12M
This is a combination of two ongoing programs: arterial improvements and streetscape projects. These
have been combined to allow greater flexibility in project selection. Projects are rated through the
Transportation Capital Improvement Plan and influenced by development and leveraging opportunities.
The Downtown Development Authority has indicated they may be interested in contributing $1M to the
Willow Street streetscape project depending on the timing.
This project will provide an annual fund for improvements to arterial intersections and streetscape
improvements as prioritized by safety improvements, multi-modal infrastructure needs, alignment with
existing plans, and partnership opportunities.
Bicycle Infrastructure & Overpass/Underpass Program $11M
This is the combination of two previous package programs: Bicycle infrastructure and over/underpasses.
These have also been combined to enhance flexibility and leveraging opportunities. This funding bucket
supports the Active Modes Plan, Vision Zero, and 15-minute city goals.
This project will provide annual funding for construction of grade-separated bicycle and pedestrian
crossings across roadways and for the implementation of projects identified in the Active Modes Plan,
Vision Zero Plan, and that help achieve 15-minute city goals.
Pedestrian Sidewalk Program $14M
This is a continued program that supports implementing and completing the ADA compliant sidewalk
network throughout the City.
This project will provide annual funding to continue to support the decades-long compliance program to
eliminate gaps in the City’s pedestrian network and improve ADA compliance.
Transfort Bus Replacement & Stop Enhancements $3M
This is a continued program supporting transit infrastructure and bus replacement. These dollars have
traditionally been heavily leveraged.
This project will provide annual funding to make ADA improvements and upgrades at bus stops throughout
the City and will support the local match needed to replace Transfort buses over the next 10 years.
Recreational Paved Trails $2.5M (for 5 years, $10K may be used annually for O&M )
This is a new program to the capital tax. Following the completion of the Strategic Trails Plan, adding
dollars to implement will help leverage the more traditional funding streams such as Conservation Trust
Fund dollars.
This project will provide funding to design and construct portions of trails identified in the City’s Strategic
Trails Plan.
Housing
Affordable Housing Capital Fund $10M
The previous package was the first time dollars have been allocated to housing. The success and utilization
of those dollars along with the ongoing housing priority supports the reflection of more than doubling these
amounts in the proposed package. Staff continue to explore ways to make some of these dollars revolving
and sustainable to support housing beyond the life of the tax.
Page 462
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
This project will provide funding to assist with the development of affordable housing through community
partners and public or private housing projects. Funding can be used to establish a revolving loan fund to
provide low-interest loans.
Parks & Recreation
Mulberry Pool Recreational Replacement Leveraging Fund $10M
These project dollars represent a significant placeholder/contribution to a future facility. Mulberry Pool is
near end-of-life and while these dollars won’t cover a replacement, they will facilitate leveraging and
advancement of a future facility.
This project will provide a portion of funding anticipated to be needed to replace the existing recreational
facility/opportunities currently provided at Mulberry Pool.
Outdoor Pickleball Complex & Courts $4M (for 5 years, $10K may be used annually for O&M)
There is a high demand for additional pickleball courts in the community. Based on outreach and a
feasibility study, these dollars will help create an outdoor 12-court complex for the public. Additional court
creation could occur through fundraising efforts.
Reducing this funding amount by half would result in fewer courts and amenities.
This project creates additional outdoor stand-alone pickleball courts to help meet the growing need in the
community.
Community Bike Park $5M (for 5 years, $15K may be used annually for O&M)
These dollars are intended to support the recent feasibility study and could be used for land acquisition
and/or design and build of a community scale bike park.
This project and funding can be utilized towards land acquisition, design, and construction of a bike park
facility.
Lee Martinez Farm Renovation & Expansion $1M
These dollars will support enhancements at the Farm including ADA accessibility and the addition of a
pavilion/shelter.
This project will provide a shelter facility and greater ADA access throughout The Farm at Lee Martinez
Park.
Downtown Parks Shop $5.5M
A new Parks shop will support two to three district maintenance teams in safe and efficient proximity to
maintenance areas. The relocation of the current downtown shop will also facilitate the future Civic Center
Masterplan.
This project will provide a new parks shop for maintenance crews which will result in an efficient, safe, and
consolidated work space for people, vehicles, machinery, and horticulture activities.
Cultural Amenities
Historic Trolley Building Renovation $2.2M (for 5 years, $20K may be used annually for O&M)
The historic downtown trolley building is an under-utilized public amenity. Stabilizing the building through
the use of these dollars will help advance a public process and ultimate partnership to activate the building
for public good.
Page 463
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
The project will stabilize the existing historic 1906 downtown trolley barn to a state that allows for
consideration of potential programming, public-private partnership, and public utilization.
Gardens on Spring Creek Children’s Garden and Event Infrastructure Upgrades $1.3M
The Children’s Garden was the original garden and was created more than 20 years ago. Updating and
enhancing this garden will enhance the learning and interactive opportunities while also addressing
maintenance issues. Additional garden enhancements could also be achieved through Friends of the
Garden fundraising efforts.
This project will renovate the 20-year old Children’s Garden to enhance learning opportunities and
contribute to event infrastructure upgrades.
Nature and Environment
Poudre River North – Health, Access, Parks, and Trails $8M (for 5 years, $20K may be used annually
for O&M)
These project dollars can leverage planned work and funding from stormwater, parks, and natural areas.
The area north of the river will likely see development in the coming years and improving access from north
to south for both recreation, nature experience, and circulation will benefit residents of the area and provide
an opportunity for river enhancement and protection. Focus in the area will also be informed by any
potential mitigation efforts from the Northern project.
This project will leverage Parks, Stormwater and Natural Areas goals and projects to enhance the Poudre
River and access for residents north of Lee Martinez Park and west of College Avenue.
Timberline Recycling Center Improvements: $1.0M
This project has been reduced due to grant funding being secured. Upgrades will include the installation
of a fire hydrant and a restroom along with accessibility and safety improvements.
This project will provide a fire hydrant, restroom, and enhanced safety features at the recycling center.
Construction Waste Diversion Equipment: $2.2M
The City has been able to recycle/reuse significant amounts of concrete, asphalt, soil, and tree material at
the Hoffman Mill Crushing Facility. This work requires specialized heavy equipment that is in need of
replacement. These dollars will allow for that needed replacement.
This project will replace large equipment over the next 10 years to advance construction and demolition
waste and recycling/reuse goals of the City.
Nature in the City: $3M
This is a continuing fund that supports projects that create native and naturalized landscapes throughout
the community.
This project provides annual funding to protect access to nature which can include enhancing existing sites
to provide native habitat and increasing species connectivity.
Composting Infrastructure Advancement $7M (for 5 years, $20K may be used annually for O&M)
This project will directly advance Council priorities related to waste diversion and community-scale
composting efforts.
This project funding will be utilized to advance and scale community-wide composting efforts and
infrastructure.
Page 464
Item 26.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
CITY FINANCIAL IMPACTS
This Resolution refers an extension of the expiring 0.25% sales and use tax for voter consideration. If
approved, this is an extension, rather than a new tax; therefore, there will be no change to the existing,
applicable sales and use tax rate. The 0.25% tax is collected from all purchases of all tangible personal
property and services and excludes purchases of prescription drugs and groceries (“food for home
consumption”). The estimated revenues that would be collected over the ten-year term of the extension
(January 1, 2026, to December 31, 2035) is approximately $127.7 million.
The current rate of the tax proposed to be extended is the equivalent to $0.25 (a quarter) on a $100 taxable
purchase. The average impact on a resident is approximately $2.83 per person/per month or $33.22 per
person annually. This does not account for non-resident purchases made within the City.
Without the tax revenue generated by the extension of the 0.25% tax, the most immediate impact and likely
reduction in service levels would be in the City functions providing transportation, road, and sidewalk
infrastructure because these capital projects are chiefly supported by the 0.25% tax.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
Starting in early 2025 staff engaged both resident groups and Boards and Commissions reaching
approximately 400 residents. This includes a presence at State of the City, Rotary Clubs, Leadership Fort
Collins, Fort Collins Chamber groups, Friends of the Gardens, CityWorks 101, and the following
Boards/Commissions:
Affordable Housing Board
Youth Advisory Board
Natural Resources Advisory Board
Land Conservation & Stewardship Board
Parks & Recreation Board
Transportation Board
Disability Advisory Board
Economic Advisory Board (twice)
Senior Advisory Board
Downtown Development Authority
Human Relations Commission
ATTACHMENTS
1. Proposed Ten-Year Project Package and Project Sheets
2. Work Session Summary, July 8, 2025
3. Presentation
4. Resolution 2025-077
Page 465
Item 26.
2026-2035 QUARTER CENT CAPITAL TAX RENEWAL
Draft Project Package
Package Proposal - August 19th Council Meeting
Package Objectives
•Mitigate level of service impacts for established capital programs
•Advance strategic plans and Council priorities
•Prioritize projects with optimal funding strategies and funding source leveraging
•Develop a compelling project package informed by community input
2026-2035 Package 2016-2025 CCIP
Commitment to infrastructure level of service
This project package maintains the level of funding for many ongoing programs established in the
previous 10-year Community Capital Improvement Program sales tax. The category splits also
closely align with the previous cycle having approximately half of total funding towards transportation-
related projects, continuing investment in Poudre River projects and recreational facilities.
Culture
3%
Parks &
Recreation
25%
Housing
10%
Transit
3%
Mobility/Safety
12%
Active
Modes
27%
River &
Environment
20%
River &
Environment
9%Culture
6%
Parks &
Recreation
23%
Housing
5%Transit
4%
Mobility/Safety
23%
Active
Modes
30%
1 Page 466
Item 26.
Council priority advancement through capital projects
Project strategic financing
Project funding source leveraging estimates:
- Arterial Intersection & Streetscape Program - 2:1
- Bicycle Infrastructure & Overpass/Underpass - 2:1
- Pedestrian Sidewalk Program - 1:1
- Transfort Bus Replacement & Bus Stops - 4:1
federal project funding. The transportation, active modes, and transit programs are
recommended for funding to continue this leveraging effect. Other projects included in the
package may have local partners involved in the early project development, and/or have
likelihood for strong philanthropic partnerships
- Operationalize City resources to build and preserve affordable housing
- Advance a 15-minute city by accelerating our shift to active modes
- Accelerate zero waste infrastructure and policies
- Reduce climate pollution and air pollution through best practices, emphasizing electrification
Projects advancing Council Priorities are emphasized with a package that strongly supports
the City's 15-minute city infrastructure with bicycle, pedestrian, and intersection
improvements. Affordable housing capital fund is proposed to increase from $4M (2016-2025)
2 Page 467
Item 26.
2026-2035 QUARTER CENT CAPITAL TAX RENEWAL
Project Package - August 19, 2025 Council Meeting
Dept. Requested Scaling Proposed
Inflationary Adj.
Plus O&M
Project Name 10-yr total (2024 $)Percentage 10-yr total (2024 $)10-yr total Notes
Arterial Intersection Improvement & Streetscapes Program 16,000$ 75%12,000 14,425 Last package $6M arterials and $7M streetscapes Linden/Willow
Bicycle Infrastructure & Overpass/Underpass Program 20,000$ 55%11,000 13,824 Last package $11M
Pedestrian Sidewalk Program 16,000$ 88%14,000 17,594 Last package $14M
Recreational Paved Trails 10,000$ 25%2,500 3,110 Additional 1/4 mile/year, Strategic Trail Plan implementation
Transfort Bus Replacement & Stop Enhancements 6,000$ 50%3,000 3,531 Last package $3M
Housing Affordable Housing Capital Fund 10,000$ 100%10,000 11,255 Last package $4M. Recommended $10M for RLF establishment
Community Bike Park 5,000$ 100%5,000 6,146 Feasibility study in progress
Downtown Parks Shop 7,900$ 66%5,500 6,685 $7.9M total project. Other funding from 2050 Tax & Cap. Exp. Fees
Lee Martinez Farm Renovation & Expansion 1,000$ 100%1,000 1,407 Shelter/pavilion & ADA improvements
Mulberry Pool Recreational Replacement 10,000$ 100%10,000 12,489 Capital tax share only - minimum contribution to future facility
Outdoor Pickleball Complex & Courts 4,000$ 100%4,000 4,308 Additional courts and potential philanthropic contribution
Gardens on Spring Creek - Garden & Infrastructure 5,200$ 25%1,300 1,829 Partial funding for garden and/or infrastructure improvements
Historic Trolley Building Renovation 6,800$ 28%2,200 3,350 Funding for phase 1, building structural stabilization
Construction Waste Diversion Equipment 2,200$ 100%2,200 2,580 5/5 requested equipment replaced
Poudre River North - Health, Access, Parks, and Trails 8,000$ 100%8,000 10,497 Capital tax share only, stormwater, natural areas not included
Nature in the City 3,000$ 100%3,000 3,130 Last package $3M
Timberline Recycling Center Improvements 1,000$ 100%1,000 1,189 Safety improvements, fire hydrant, restrooms
Composting Infrastructure Advancement 7,000$ 100%7,000 10,342 Partial capital funding to advance composting efforts
Total
Transportation
Parks & Rec
Culture
River &
Environment
3Page 468
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Arterial Intersection Improvement & Streetscape Program
Previous Capital Tax Funding:
Arterial Intersections
Streetscapes
Department:Engineering Project Location: City-wide
Strategic Outcome:Transportation & Mobility Type:Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:City Engineering
Funding Leveraging
State & Federal
Local
$13,008,000 New Capital Tax Funding: $12,000,000
$6,000,000
$7,008,000
T&M 1 - Make significant progress toward the Vision Zero goal to have no serious injury or fatal crashes for people walking, biking,
rolling or driving in Fort Collins
This project will provide an annual fund for improvements to arterial intersections with safety improvements for all travel modes. This funding has
allowed City staff to provide needed design, local match for grants, and construction funding, for previous major arterial intersection
improvements. This program will be focused on implementing the transportation infrastructure required to support our Vision Zero action plan, as
the arterial intersection improvements are located on our High Injury Network. From our 10-year Transportation Capital Improvement Program
(TCIP), notable planned projects include:
- Shields and Prospect Intersection Improvements
- Shields and Horsetooth Intersection Improvements
- Drake and Lemay Intersection Improvements
- College and Drake Intersection Improvements
- Shields Corridor, Taft Hill Corridor, and N. Timberline Corridor
The program is proposed to expand to encompass streetscape improvement projects for 2026-2035. Previous streetscape projects funded by the
capital tax include Linden Street Renovation (2021) and Willow Street Renovation (2019). Due to the 10-year project timeline and uncertain project
viability for potential upcoming streetscape projects, individual projects are not proposed for standalone project scheduling in the tax package.
Streetscape projects will create better urban design corridors, expanding the feel of Old Town as accomplished by the previous streetscape
renovations. This program is planned to contribute to one or more of the following identified streetscape projects.
- Willow Street (Linden to Lincoln)
- Midtown Streetscape - College (Drake to Boardwalk)
Capital tax funding has historically been leveraged for local match of state and federal capital project grants. Project are typically funded by a
mixture of funding sources comprised of dedicated capital tax funds, General Fund Reserves, TCEF, additional state and local matching funds.
Consistent year-to-year funding amounts is preferred to assist PDT in planning for project planning and grant matching.
Full streetscape renovation projects are estimated at $5.0 - $7.5M. The proposed funding amount anticipates $6.0M of the program would be
contributed to streetscape projects over the ten years of the tax.
Project Funding Source 10 year total
$12,000,000
$24,000,000
$1,000,000
4Page 469
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Bicycle Infrastructure & Overpass/Underpass Program
Previous Capital Tax Funding:
Bicycle Infrastructure
Overpass/Underpass
Department:Engineering Project Location: City-wide
Strategic Outcome:Transportation & Mobility Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:City Engineering, FC Moves
Funding Leveraging
State & Federal $22,000,000
$11,000,000 New Capital Tax Funding:
Capital tax funding has historically been leveraged for local match of state and federal capital project grants. Project are typically funded by a
mixture of funding sources comprised of dedicated captial tax funds, General Fund Reserves, TCEF, additional state and local matching funds.
Consistent year-to-year funding amounts is preferred to assist PDT in planning for project planning and grant matching.
Project Funding Source 10 year total
$11,000,000
$11,000,000
$5,000,000
$6,000,000
T&M 1 - Make significant progress toward the Vision Zero goal to have no serious injury or fatal crashes for people walking, biking,
rolling or driving in Fort Collins
This project will provide an annual fund to construct bicycle infrastructure as recommended in the Active Modes Plan (AMP). This includes linear
facility improvements such as buffered and separated bike lanes as well as spot treatments or crossing improvements such as bike/ped signals
and protected intersections. Projects have been prioritized using the outcomes-based evaluation measures of network connectivity, access to
transit, safety and comfort, and health and equity, with an emphasis on Safe Routes to Schools. This fund will combine the previous CCIP Bicycle
Infrastructure Improvements and CCIP Bike/Ped Grade Separated Crossing Funds. Therefore, this fund will also fund pedestrian underpass
projects that align with the AMP and the Strategic Trails Master Plan, as well as aligns with our Vision Zero action plan.
Notable Active Modes Plan future projects include:
- Shields St. separated bike lanes (Mulberry St. to Hilldale Dr.)
- Taft Hill Rd. separated bike lanes (Laporte Ave. to Horsetooth Rd.)
- Lake St. separated bike lanes (Shields St. to Mason Trail)
- Willox Ln. side path (College Ave. to Shields St.)
- Boardwalk Dr. buffered bike lanes (JFK Pkwy to Harmony Rd)
- Putnam Elem bike/ped crossing improvement (Laporte/Roosevelt)
- Olander Elem bike/ped crossing improvements (Horsetooth/Arizona and Horsetooth/Platte)
- Johnson Elem/Webber Middle bike/ped crossing improvements (Taft Hill/Imperial and Taft Hill/Brixton)
- Tavelli Elem bike/ped crossing improvements (Lemay/Willox)
- Irish Elem bike/ped crossing improvements (Vine/Irish)
- Lesher Middle/PSD Global bike/ped crossing improvements (Prospect/Stover)
- Fort Collins HS bike/ped crossing improvements (Horsetooth/Kingsley)
Notable grade separated crossings from Strategic Trails Plan include:
- Power Trail connection to Caribou Drive
- Power Trail connection to Nancy Gray Drive
- Linden Street and Poudre River Trail
5Page 470
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Pedestrian Sidewalk Program
Previous Capital Tax Funding:
Department:Engineering Project Location: City-wide
Strategic Outcome:Transportation & Mobility Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:City Engineering
Funding Leveraging
State & Federal $14,000,000
$14,000,000 New Capital Tax Funding: $14,000,000
T&M 1 - Make significant progress toward the Vision Zero goal to have no serious injury or fatal crashes for people walking, biking,
rolling or driving in Fort Collins
This project will provide an annual fund for construction of missing and ADA deficient sidewalks to complete the build out of the City network as
well as pedestrian crossing improvements recommended in the Active Modes Plan. This funding provides approximately 1.5 to 2 miles of new
sidewalk per year. This includes new sidewalk and combined bike/pedestrian path segments in areas of the City where sidewalks and/or bike lanes
do not exist currently, or replacement is needed due to not meeting ADA width requirements. Priority is given to areas near schools to advance the
Safe Routes to School Program, as well as along arterial roads. This program aligns with and helps execute our Active Modes Plan, as well as our
Vision Zero action plan, and can provide local match for grants in support of AMP focused capital projects as needed.
Notable previous improvements accomplished by the program were along arterial corridors such as Prospect Rd, Drake Rd, Harmony Rd, and
Kechter Rd. The program built approximately 20 miles of new sidewalk in the last 10 year period.
The next ten years will provide sidewalk connections along our arterial road network in areas of the City where we are continuing to final buildout,
such as Kechter Road, Trilby Road, Mountain Vista Dr, Vine Dr, and continuing needed work along Prospect and Drake. The
total miles of sidewalks needed for existing network build out is approximately 50 miles, and the next ten years will provide 20 miles of new
sidewalk, which forecasts total buildout at year 2050.
Capital tax funding has historically been leveraged for local match of state and federal capital project grants. Project are typically funded by a
mixture of funding sources comprised of dedicated captial tax funds, General Fund Reserves, TCEF, additional state and local matching funds.
Consistent year-to-year funding amounts is preferred to assist PDT in planning for project planning and grant matching.
Project Funding Source 10 year total
$14,000,000
6Page 471
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Recreational Paved Trails - Strategic Trails Plan Implementation
Previous Capital Tax Funding:
Department:Parks Project Location: City-wide
Strategic Outcome:Culture & Recreation Type:New
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:2024 Strategic Trails Plan
Conservation Trust Fund
Additional funds will expedite trail delivery, as currently funded by Conservation Trust Fund revenue. Consistent year-to-year funding amounts are
preferred to assist in planning for project planning and grant matching.
Additional trail miles will impact ongoing operating costs with operating & maintenance (O&M) funding requested from the capital tax at $10k per
year.
$0 New Capital Tax Funding: $2,500,000
C&R 2 - Implement criteria and prioritization to manage assets and replace equipment that will revitalize parks and recreational
facilities, as the planned build out of the parks and trails systems continues
Trails are the highest rated Community Services amenity (93%) in the 2024 City of Fort Collins Community Survey (Figure 19: Ratings of Parks,
Recreational, and Cultural Programs and Facilities Compared by Year). The Park Planning & Development team is updating the City's Strategic
Trails Plan (STP) which will provide a framework for the future planning, design, maintenance, and preservation of the recreational paved trail
system. The Strategic Trail Plan is currently in phase III of public outreach and will be completed in mid-2025.
Paved trails cost approximately $1 million per linear mile to build. Additional annual funding for STP implementation will support the current
Conservation Trust Funds and expedite delivery of this valued amenity as developed by the plan. Planning efforts are underway through the 2025-
26 budget for the northeast and western Fort Collins, where proposed trails are poised to connect a rapidly developing area with limited walking
and biking infrastructure. Funding would expedite trail development in these focus areas if opportunities are available.
Project Funding Source 10 year total
$2,500,000
$20,000,000
7Page 472
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Transfort Bus Replacement & Stop Enhancements
Previous Capital Tax Funding:
Bus Replacement
Bus Stop Improvements
Department:Transfort Project Location: City-wide
Strategic Outcome:Transportation & Mobility Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Transfort
Funding Leveraging
State & Federal $12,000,000
$3,000,000 New Capital Tax Funding:
Historically, Transfort has utilized all of its capital tax bus replacement funding to leverage federal grant dollars at a typical match rate of 80%
federal / 20% local dollars to purchase vehicles and complete bus stop upgrades. Having guaranteed and consistent funding available assists
Transfort in submitting strong federal and state grant applications that are more likely to be considered and awarded for funding.
Project Funding Source 10 year total
$3,000,000
$3,000,000
$2,000,000
$1,000,000
T&M 2 - Increase Transfort access and ridership by ensuring the City’s transit services provide safe, reliable and convenient alternatives to
driving
Transfort maintains and improves 418 bus stops throughout Transfort’s service area, of those, approximately 150 bus stops will need replacement
and updated amenities over the next 10 years. Transfort operates 53 buses in service, and will have at least 30 buses, including eight articulated
MAX buses, reach the end of useful life in the next 10 years. The previous 10-year CCIP tax funding of $3M provided for Transfort’s local match
leveraging of $12M in federal funds. These funds purchased 14 bus replacements and will complete ADA improvements at 240 bus stops. Funding
also went toward the purchase of needed amenities including 25 shelters, and approximately 90 benches and trash cans.
The next 10 years of capital sales tax funding will assist Transfort in replacing buses on a regular schedule to meet a goal of 0% of vehicles are past
Transfort’s useful life benchmark. To align with Our Climate Future, Transfort has adopted a goal to purchase Zero Emission Vehicles for all future
bus replacements. A portion of funds may also be used toward the procurement of smaller or alternative vehicles, as a result of the ongoing 2024
Optimization & Microtransit Planning study. Capital sales tax funding will also be used to purchase additional enhancement amenities for bus
stops, continuing to add needed shelters to stops, and to maintain Transfort’s existing bus stops in a state of good repair for future riders.
8Page 473
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Affordable Housing Capital Fund
Previous Capital Tax Funding:
Department:Social Sustainability Project Location: City-wide
Strategic Outcome:Neighborhood & Community Vitality Type:Fund/Program
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Social Sustainability/Financial Services
$4,000,000 New Capital Tax Funding: $10,000,000
NCV 1 - Increase housing supply, type, choice, and affordability to address inequities in housing so that everyone has healthy,
stable housing they can afford
The Affordable Housing Capital Fund is intended to provide a flexible source of funding for development or rehabilitation of one or more public or
private housing projects. The Affordable Housing Capital Fund is intended to provide additional funding that will either address a critical funding
gap or accelerate a project’s construction timeline. While timing and use of the Housing Fund is intentionally flexible, funds will be used in one of
three ways for qualifying projects:
• Low-interest revolving loans
• Fee credits
• Direct subsidy
These funds may not fund day-to-day operational costs, rent payments, or other non-capital costs.
The Housing Strategic Plan (2021, pg. 67) also includes several guiding principles that apply to allocation of Housing Fund resources:
• Focus direct investment on the lowest income levels
• Be agile and adaptive
• Expect and label tensions, opportunities, and tradeoffs
Capital tax funding has historically been used as "first in" or "last in" funding for qualifying projects, representing under 5% of total funding for any
previously funded housing project. Total funds allocated to affordable housing ($2-3 million/year from all sources) have remained consistent for
the last 10+ years, while the cost to build one unit of affordable housing has increased more than 65% over the last 5 years. To date, the Housing
Fund has not included any loan activities, though this is being explored as an option to better leverage limited dollars.
There is some administrative cost (staff time) associated with administration and monitoring of Housing Fund activities. If a low-interest revolving
loan program is pursued, partnering with an outside agency may be necessary to most efficiently administer the program.
Project Funding Source 10 year total
$10,000,000
9Page 474
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Community Bike Park
Previous Capital Tax Funding:
Department:Parks Project Location: City-wide
Strategic Outcome:Culture & Recreation Type:New Asset
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Park Planning & Development
New Capital Tax Funding: $5,000,000
C&R 2 - Implement criteria and prioritization to manage assets and replace equipment that will revitalize parks and recreational
facilities, as the planned build out of the parks and trails systems continues
Implement the first phase of a community bike park based on feedback gathered in the Bike Park Feasibility Study. The feasibility study, currently underway,
includes an evaluation of potential bike park locations, associated capital and ongoing costs, identification of park amenities and features, and a community
engagement process.
Timing for construction of the bike park is dependent on completion of the bike park feasibility study. $500k of the project cost is estimated for
potential real estate acquisition. Capital tax funds are considered a portion of total funding needed for the project, dependent on location and
scale.
Operating and maintenance contributions from the capital tax are planned for $15,000 annually. O&M costs could include the need for an
additional Worker 1 position, hourly support, and supplies estimated at $150,000 per year.
Project Funding Source 10 year total
$5,000,000
$0
10Page 475
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Downtown Park Shop
Previous Capital Tax Funding:
Department:Parks Project Location: To Be Determined
Strategic Outcome:Culture & Recreation Type:New Asset
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Park Planning & Development
Capital Expansion Fee
2050 Tax
Total project cost estimate = $7,900,000
The cost of this new downtown park shop is based off the recently completed East District Community Park Shop which is a 6,500 SF office/shop
located on 3.5 acres which has a yard for equipment and landscaping maintenance. The new facility being operational by the end of 2028 would
allow for the advancement of the Civic Center Campus and Master Plan.
Additional funding needed from 2050 Tax and/or Parks Capital Expansion Fees
$0 New Capital Tax Funding: $5,500,000
HPG 4 - Incorporate a management strategy for all new and existing City assets that addresses deferred maintenance and
accessibility
The Parks Department has been built on a district model for maintenance activities. The importance of the maintenance shops being located and
constructed in close proximity to the areas of responsibility is paramount in the downtown district. The City's approach of getting into the
downtown early and disappearing into the landscape leaving behind a well-groomed landscape can only be achieved when the support of a
maintenance shop is in close proximity. The current downtown site is located in a refurbished commercial warehouse which is near the end of its
useful life. This building is also scheduled to go away with the build-out of the current Civic Center Master Plan. Providing a new facility in the
downtown area will house not only the local support staff but also the crews which support the horticultural areas around our facilities, throughout
the public areas and trail systems. Two districts will work out of this facility providing efficient operations in a timely manner to the public.
Project Funding Source 10 year total
$5,500,000
$7,900,000
-
-
11Page 476
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Lee Martinez Farm Pavilion & Improvements
Previous Capital Tax Funding:
Department:Recreation Project Location: Lee Martinez Park
Strategic Outcome:Culture & Recreation Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Parks Planning & Development, Recreation
New Capital Tax Funding: $1,000,000
C&R 1 - Make City arts, cultural and recreational programming more inclusive to reflect the diversity of our community
The Farm at Lee Martinez Park was opened to the public in July of 1985. The Farm will be celebrating its 40th anniversary in 2025.
As the community has grown, so has the demand for programs at the Farm. This project funds enhancements at the Farm by expanding inclusive
outdoor recreation opportunities including a shelter space, ADA upgrades, and additional education features.
Project has been scaled to the minimum viable amount ($1.0M) for completion of scope to include shelter/pavilion. Timing of project year is
flexible across capital tax timeline.
Project Funding Source 10 year total
$1,000,000
$0
12Page 477
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Mulberry Pool Recreational Replacement
Previous Capital Tax Funding:
Department:Recreation Project Location: TBD
Strategic Outcome:Culture & Recreation Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Recreation
2050 Tax
The recreational replacement facility will require additional funding beyond the $10,000,000 proposed to be contributed by the capital sales tax.
Future scope definition efforts will better refine funding identification and ongoing operations & maintenance cost requirements.
$0 New Capital Tax Funding: $10,000,000
C&R 2 - Implement criteria and prioritization to manage assets and replace equipment that will revitalize parks and recreational
facilities, as the planned build out of the parks and trails systems continues
Opened in 1974 after renovating the former Lincoln Jr. High, the 50-year-old aquatic facility is functionally obsolete and should be rebuilt to meet
the current and future needs of the Fort Collins community.
A new modern facility would better serve the growing needs of Fort Collins. These funds are intended as a contribution to a new facility as
additional revenue, partnerships, and leveraging will also be necessary.
$10,000,000
Project Funding Source 10 year total
$10,000,000
-
13Page 478
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Outdoor Pickleball Complex & Courts
Previous Capital Tax Funding:
Department:Parks Project Location: Fossil Creek Community Park, City-wide
Strategic Outcome:Culture & Recreation Type:New Asset
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Park Planning & Development
New Capital Tax Funding: $4,000,000
C&R 2 - Implement criteria and prioritization to manage assets and replace equipment that will revitalize parks and recreational
facilities, as the planned build out of the parks and trails systems continues
For the third year in a row, pickleball is the fastest-growing sport in America, having grown 51.8% last year and an incredible 223.5% in three years
(2024 Topline Participation Report). Ensuring facilities and programs continue to respond to changing user needs is an action related to the Parks
and Recreation Plan goal of providing equitable access to recreational experiences. The Parks and Recreation Plan (p175) calls for thirteen
additional pickleball courts by 2040. A pickleball complex feasibility study is underway to determine if a community park site can close the gap in
the short-term while waiting for future community parks to be built. Based on the Pickleball Complex Open House and additional community
feedback, there is a large amount of support for the pickleball complex at Fossil Creek Community Park. Noise impacts remain one of the highest
concerns and Park Planning and Development is in studying the issue with an independent, third-party acoustical engineer to evaluate noise
impacts in greater detail. Implementation of the feasibility plan, building a 12-court complex, would cost approximately $4m. Project funding may
also support new and existing pickleball courts at parks city-wide.
Recreation revenue will be added as the new amenity is programed. The new complex will need ongoing maintenance and utility costs estimat ed at
$10,000 per year.
Project Funding Source 10 year total
$4,000,000
$0
14Page 479
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Gardens on Spring Creek (GOSC) - Children's Garden and Infrastructure Upgrades
Previous Capital Tax Funding:
Department:Cultural Services Project Location: Gardens On Spring Creek - 2145 Centre
Strategic Outcome:Culture & Recreation Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Gardens on Spring Creek / Operation Services
New Capital Tax Funding: $1,300,000
C&R 1 - Make City arts, cultural and recreational programming more inclusive to reflect the diversity of our community
For twenty years, The Children’s Garden at the Gardens has been a beloved destination, offering family-friendly activities and fostering cherished
memories for our community. With its wide variety of inviting spaces designed for children to explore, learn, and grow, the garden has become one
of GOSC’s most popular attractions, serving both daily visitors and as a hands-on classroom for our youth summer camps. However, after two
decades of service, the garden is beginning to show signs of wear.
This comprehensive renovation will not only rejuvenate the garden but will also integrate the latest educational practices, ensuring the space
remains both relevant and impactful for future generations. We will address critical challenges such as drainage and long-term maintenance,
creating a sustainable, high-functioning environment that enhances the garden’s longevity and usability.
As part of this project, we’re inviting the community to share their ideas and feedback. This will allow us to create a space that truly reflects the
diverse cultural values of our residents and reaches a wider audience, strengthening the bond between our garden and our growing community.
Additionally, we’re focusing on the mental health benefits of nature, with the goal of offering a healing and enriching environment for play that will
serve Fort Collins and the surrounding region.
In addition to the garden improvements, significant updates to the event infrastructure will help the Gardens keep pace with the increased
attendance following its expansion in 2019. Key updates will include expanded restroom facilities, long-term solutions to parking challenges,
reimagined propagation spaces for sustainable plant care, and enhancements to ensure full ADA accessibility, making the Gardens more
welcoming and functional for all.
•Design documents for Children's Garden: $470k
•Design documents for parking, restroom, and ADA improvements: $650k
•Children's Garden Construction: $2.5M to $3.5M for construction of the new 1.1 acre garden
•Greenhouse space repurposing: $700k to $1.15M for addition / remodel of current structure into indoor learning space
•New Greenhouse: $500k to $1.0M
The project is positioned as a likely candidate for philanthropic support, and would need other funding sources identified in addition to the capital
sales tax to complete the full scope identified.
Project Funding Source 10 year total
$1,300,000
$2,385,000
15Page 480
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Historic Trolley Building Renovation
Previous Capital Tax Funding:
Department:Operations Services/Cultural Services Project Location: 330 North Howes Street
Strategic Outcome:Culture & Recreation Type:Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:2024 Building Condition Study/Ops Services
New Capital Tax Funding: $2,200,000
C&R 1 - Make City arts, cultural and recreational programming more inclusive to reflect the diversity of our community
This funding would be utilized to stabilize the historic downtown trolley building. This building currently houses the Museum of Discovery's object
artifacts and other miscellaneous storage. Stabilizing the building for future use is a first step towards maintaining and opening the space for
greater public use. Funding in this offer includes temporary storage of the artifacts. In 2017, the Downtown Master Plan identified the historic
Downtown Trolley Building as high potential for a community-centered use.
Phase I: $2.2M building exterior restoration based on recent building condition assessment (2024). Includes structural repairs, tuck-point masonry,
and repairs to roof. Funding included for required relocation of museum artifacts and other items using the building for storage, and minimal O&M.
Phase 2: $3.5 - $4.6M dependent on future-determined use of building. Includes high-level estimate for all interior construction, utilities, fixtures
and finishes.
Funding from the capital sales tax is needed for the relocation of existing museum artifacts, which must occur before the renovation can begin.
Contribution to operating and maintenance costs may also be necessary depending on the final use of the facility, tentatively estimated at $20,000
annually.
Project Funding Source 10 year total
$2,200,000
$0
16Page 481
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Construction Waste Diversion Equipment
Previous Capital Tax Funding:
Department:Streets Department Project Location: 1380 Hoffman Mill Road
Strategic Outcome:Environmental Health Type:Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Streets Department
New Capital Tax Funding: $2,204,000
ENV 1 - Implement Our Climate Future to advance the City's greenhouse gas, energy and waste goals; reduce air pollution; and
improve community resilience
This funding request seeks to proactively address equipment to support the current and future levels of recycling at the Hoffman Mill Crushing
Facility, which is a lesser-known City facility that has a significant impact on recycling rates in our community. It would take 3.5x the recycling
generated by all households and businesses in Fort Collins to equal the amount of concrete, asphalt and soil recycled at the Hoffman Mill Crushing
Facility in 2023!
The Hoffman Mill Crushing Facility is crucial to make progress toward Fort Collins’ adopted goal of zero waste by 2030 and the Council Priority to
Accelerate Zero Waste Infrastructure and Policies. It is admired by other communities working toward zero waste.
Not only does it recycle a vast amount of material, but the Hoffman Mill Crushing Facility also saves the City money by preventing costly landfilling
of these heavy materials. With such a high volume of material being processed at the site, equipment breakdowns can severely impact the amount
of material the site can recycle, which is why this project focuses on proactive equipment replacement.
In addition to recycling concrete, asphalt and soil from the municipality and the community, Hoffman Mill also works with the City’s Parks and
Natural Areas Departments to compost the yard trimmings their work generates. This project facilitates the expansion of the existing composting
program, enhancing its scope and capacity.
The timing of equipment replacement is flexible and scalable with combative vendor pricing. Current Hoffman Mill operations are supported by fee
revenue generated by the sale of outbound materials; The additional capital sales tax funding is needed to support the purchase of large capital
replacements. Equipment is listed in order of priority:
1 - Dirt Screener $220,000 (Composting)
2- Impactor/Crusher $695,000
3 -D7 Dozer $648,000
4 - Backhoe $118,00
5 -200D Excavator $523,000
Project Funding Source 10 year total
$2,204,000
$0
17Page 482
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Poudre River North - Access, Parks, and Trails
Previous Capital Tax Funding:
Department:Parks Project Location: Poudre River Area, Legacy Park to Soft Gold
Strategic Outcome:Culture & Recreation Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:2014 Downtown River Master Plan, PP&D
Stormwater
Natural Areas
Capital Expansion Fees
$8,000,000
-
-
Project will require capital improvement plan and funding source coordination between Parks Planning & Development, Stormwater Utility, and
Natural Areas. Consideration of capital expansion fees as project funding source.
Operating cost impact will be dependent on projects selected for construction and scale, and is estimated at $15k-$20k per year.
$0 New Capital Tax Funding: $8,000,000
C&R 2 - Implement criteria and prioritization to manage assets and replace equipment that will revitalize parks and recreational
facilities, as the planned build out of the parks and trails systems continues
This funding is proposed to leverage planned and future activity in the area focused on cross-departmental efforts that support ecological
functions, recreation, and community safety. This project builds on anticipated stormwater and floodplain improvements for the North College
community and will support further river health and riparian habitat priorities. Overall goals include improving access to the Poudre River for
neighborhoods to the north and would include habitat, user experience and accessibility improvements.
The specific location and scope of the project are presently under review and is anticipated to include the area of Soft Gold Park, Hickory Trail,
Legacy Park, and Rivers Edge Natural Area.
Project Funding Source 10 year total
$8,000,000
-
18Page 483
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Nature in the City
Previous Capital Tax Funding:
Department:Natural Areas Project Location: City-wide
Strategic Outcome:Environmental Health Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Nature in the City Program Staff
General Fund
Nature in the City invests in City-led and community-led projects through an annual review of project proposals. Projects may submit for
design/planning funds, as well as construction/implementation funding. While the number and scope of projects vary from year to year, annual
investment will be generally consistent between 2026-2035.
Native habitat projects take between 3-10 years to establish and stabilize, depending on scale and focus. During this period, projects benefit from
support ranging from soil amendments to replanting of challenging areas. Previous CCIP funding of NIC dedicated $500,000 (2026-2030) to support
operating costs over five years following construction and implementation. For 2026-2035, operating costs will be addressed by the capial tax
annual allocations.
$3,500,000 New Capital Tax Funding: $3,000,000
ENV 3 - Expand, restore and maintain the Natural Areas land portfolio to improve habitat conditions across the community and
ensure equitable access to nature
As Fort Collins grows, Nature in the City (NIC) projects provide opportunities for people to interact with and become stewards of their surrounding
environment. NIC projects build familiarity with and acceptance of native plantings and naturalized landscapes, with each project helping bring
nature closer to the places our community lives, works, learns, and plays. These projects increase wildlife values by creating stronger connectivity
between larger patches of urban habitat, such as natural areas and City parks. By funding both internal City efforts and public/private partnerships,
the community integrates diverse, native landscapes from the center of Fort Collins to the edges of the Growth Management Area. City-led projects
typically address the need to replace existing, resource-intensive and low habitat value landscapes with more diverse and efficient landscapes
that help demonstrate how the City organization is working to achieve the same standards being asked of the community. Community-led projects
support efforts to extend naturalized landscapes throughout the community. Nature in the City supports numerous current City plans including:
2024 Strategic Plan, City Plan, Our Climate Future, and the Natural Areas Urban Zone Plan, as well as the forthcoming Water Efficiency Plan and
Natural Areas Strategic Framework.
$4,200,000
Project Funding Source 10 year total
$3,000,000
$1,200,000
19Page 484
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Timberline Recycling Center Improvements
Previous Capital Tax Funding:
Department:Streets Department Project Location: 1903 S. Timberline Rd.
Strategic Outcome:Environmental Health Type:New and Repair/Replace
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Streets Department
Funding Leveraging
State & Federal
1. Site changes to increase safety: $313,908
-Installation of a Fire Hydrant.
2. Additional site improvements to provide a restroom $667,275.00
-Provide a heated vault-style restroom with running water and flushing toilets.
-Installation of a Water Meter.
-Installation of restroom may be less expensive if fire hydrant/water line is installed with site improvement.
Site designs for the requested improvements have been completed. Timeline for project completion will depend on several factors, including
permitting, procurement, contractor availability, and seasonal construction constraints.
$0 New Capital Tax Funding: $1,000,000
ENV 1 - Implement Our Climate Future to advance the City's greenhouse gas, energy and waste goals; reduce air pollution; and
improve community resilience
The Timberline Recycling Center (TRC) is a well-utilized community resource and hub of recycling in Fort Collins. Our City’s waste diversion efforts
rely on both innovative recycling solutions and the infrastructure to support them. The Timberline Recycling Center, experiences high utilization,
serving over 400 visitors per day. As demand increases, ensuring the site remains safe, accessible, and functional is a priority. This project includes
a fire hydrant to enhance safety around flammable materials and a restroom facility to improve accessibility for both customers and on-site staff.
These enhancements will create a safer and more customer-focused experience for residents.
By investing in improved infrastructure, these enhancements will reinforce Fort Collins role as a steward of waste diversion and sustainability.
Strengthening recycling operations will not only advance the City’s Zero Waste goals but also create a more resilient, cost-effective, and
environmentally responsible waste management system for the future.
Project Funding Source 10 year total
$1,000,000
$300,000
20Page 485
Item 26.
Quarter Cent Capital Tax - Project Summary
Project Title:Composting Infrastructure Advancement
Previous Capital Tax Funding:
Department:Environmental Sustainability Project Location: To Be Determined
Strategic Outcome:Environmental Health Type:New Asset
Strategic Objective:
Project Description:
Financial Narrative, Scalability, and Timing:
Capital Sales Tax Source of Estimate:Environmental Sustainability
Other
Estimates are that full diversion of community generated organic waste (including both yard waste and food scraps) would require a facility
capable of processing at least 25K tons organic materials per year. Preliminary estimates indicate initial costs for a new facility would range
between about $11.7M (for a local-scale 25K tpy facility) and $17.8M (for a regional-scale 50K tpy facility), not including costs of land (18-40 acres,
depending on size). A feasibility study estimated a timeline of about 6 years for full build-out and operation, assuming a location and additional
funding are secured.
$0 New Capital Tax Funding: $7,000,000
ENV 1 - Implement Our Climate Future to advance the City's greenhouse gas, energy and waste goals; reduce air pollution; and
improve community resilience
This funding would provide a significant portion of funds necessary to support a community-scale compost processing site and facility, which is
necessary to advance the City’s Zero Waste Goals. These funds will be leveraged toward the build-out of either a local or a
regional-scale facility, potentially as a local match for federal and State grant opportunities, or more directly as funding for initial project phases.
Conditions and dependencies to consider include:
• Securing a site and appropriate permits
• Establishment of government structure and intergovernmental agreements, if working regionally
• Policy commitments to help ensure sufficient high-quality feedstock, and end market development for finished compost
• Additional capital from other sources such as dedicated revenue, state and federal grants, and/or cost-share from other
regional partners
Project Funding Source 10 year total
21Page 486
Item 26.
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
1
WORK SESSION MEMORANDUM
Date: July 17, 2025
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City manager
Tyler Marr, Deputy City Manager
From: Ginny Sawyer, Project Manager
Subject: July 8, 2025 work session – Community Capital Improvement Program Renewal Item
BOTTOM LINE
The purpose of this memo is to document the summary of the discussion during the July 8,
2025, work session. Mayor Arndt, Mayor Pro Tem Francis and Councilmembers Gutowsky,
Pignataro, Canonico and Potyondy, and Ohlson were present in person.
Staff provided an update on work that has occurred since the last work session on May 27,
2025. The recommended package of projects remained the same with the addition of:
- A recommendation to NOT bond against the Housing Fund.
- Added inflation over time to the Housing Fund.
- Communicated the potential for $2-2.5M in remaining 2015-2025 funds that could be
utilized towards affordable housing.
- Clarified total Operation & Maintenance included in proposed package is $375K.
DISCUSSION SUMMARY
- There was both disappointment and understanding of the lack of additional dollars to the
Housing Fund.
- There was overall support and desire for:
o Adding $7M to advance composting goals.
o Scaling or looking for other funding sources for the Parks Shop and the Trolley
Barn to find additional money.
o Changing the name of the Mulberry Pool funding to better reflect that this will be
a portion, or seed money, for a future facility.
o Not requiring all Housing Funds to be restricted to a revolving loan but to be
more flexible throughout the 10-year program.
NEXT STEPS
Staff will bring a ballot referral item on August 19, 2025 reflecting the desired changes noted
above.
Docusign Envelope ID: 6D30CCED-F1D2-4C42-9B78-B639EC135964
Page 487
Item 26.
2
FOLLOW-UP ITEMS
There was a question regarding the scheduling of Housing Fund availability. With the potential
of utilizing remaining 2016-2025 funds along with first year collections, staff anticipates being
able to offer a project feasible amount to housing partners within the first or second year. A
second contribution could come within the 4th year (2029) with additional dollars being available
later in the program.
Docusign Envelope ID: 6D30CCED-F1D2-4C42-9B78-B639EC135964
Page 488
Item 26.
Headline Copy Goes Here
Ginny Sawyer -Lead Policy and Project Manager
Joe Wimmer –Utilities Finance Director
¼-cent
Capital Sales Tax
Renewal Ballot
Referral
August 19, 2025
Page 489
Item 26.
Headline Copy Goes Here
2
Renewal Timeline
2024 Q1 2025 Q2-Q3 2025 Q4-2025
›November ballot›Begin Public Outreach and
Engagement
›Refinement of all projects
and Programs
Council Touchpoints:
›March CFC
›Start to finalize total
package
›Continue outreach
Council touchpoints:
›May 27, work session
›July 8, work session
›July 15 or August 19
Ballot referral
›Begin package
Development
›February Work Session
›March CFC
›April Work Session
›July CFC
›October CFC
›November Work Session
•Long timeline allowed for multiple Council input and iterations
•Outreach to 10 City Boards & Commissions and 14 community groups and events
Page 490
Item 26.
Headline Copy Goes Here
3
Designing Tomorrow Today
1973-1980
Project RECAP
1984-1989
EPIC, Natural Areas, &
Choices ‘95
1985-1997
Building Community Choice
1997-2005 Building on Basics
2005-2015
Community Capital
Improvement Program
2015-2015
Page 491
Item 26.
Headline Copy Goes Here
4
Capital Tax –Successful Project Package
Asset
Management &
Master Plans
Council
Priorities
Community
Appeal
Page 492
Item 26.
Headline Copy Goes Here
5
Project Package
Project Name 10-year total (2024$)
Pedestrian Sidewalk Program 14,000,000
Arterial Intersection Improvement & Streetscapes Program 12,000,000
Bicycle Infrastructure & Overpass/Underpass Program 11,000,000
Affordable Housing Capital Fund 10,000,000
Mulberry Pool Recreational Replacement Leveraging Fund 10,000,000
Poudre River North –Health, Access, Parks, and Trails 8,000,000
Composting Infrastructure Advancement 7,000,000
Downtown Parks Shop 5,500,000
Community Bike Park 5,000,000
Outdoor Pickleball Complex & Courts 4,000,000
Nature in the City
Page 493
Item 26.
Headline Copy Goes Here
6
Totals & Summary
¼ Cent Tax Revenue
•$11M annual revenue (2024*)
•$110M total revenue 2026-2035 (2024*)
Draft Project Package
•$102.7M total projects (2024*)
Chart represents draft package ($102.7M)
* Values are in 2024 dollars for purposes of
uniform budgeting of project cost inflation and
sales tax revenue growth Page 494
Item 26.
Headline Copy Goes Here
Page 495
Item 26.
Headline Copy Goes Here
2026-2035
Proposed Package
8
Page 496
Item 26.
Headline Copy Goes HereOngoing Capital Programs-Transportation/Engineering
9
Arterial Intersection Improvements & Streetscape
Program $12M
•Shields and Prospect Intersection Improvements
•Shields and Horsetooth Intersection Improvements
•Drake and Lemay Intersection Improvements
•College and Drake Intersection Improvements
•Shields, Taft Hill, and N. Timberline Corridors
•At least one streetscape project
Bicycle Infrastructure & Overpass/Underpass
Program $11M
•Numerous bike lane and safe route to School projects
•Potential grade separated crossings:
•Power Trail connection to Caribou Drive
•Power Trail connection to Nancy Gray Drive
•Linden Street and Poudre River Trail
Page 497
Item 26.
Headline Copy Goes Here
10
Pedestrian Sidewalk Program $14M
•Funding for construction of missing and ADA deficient sidewalks.
•Provides approximately 1.5 to 2 miles of new sidewalk per year.
•Priority is given to areas near schools to advance the Safe Routes to
School Program.
Transfort Bus Replacement & Stop Enhancements $3M
•Approximately 150 bus stops will need replacement and updated
amenities over the next 10 years.
•At least 30 buses, including eight articulated MAX buses, reach
•the end of useful life in the next 10 years. The previous 10-year
capital tax funded $3M towards Transfort’s local match to leverage
$12M in federal funds.
Recreational Paved Trails $2.5M
•Paved trails cost approximately $1 million per linear mile to build.
•Additional annual funding through the capital tax will leverage
Conservation Trust Funds and expedite Strategic Trail Plan
implementation.
Ongoing Capital Programs-Transportation/Engineering
Page 498
Item 26.
Headline Copy Goes Here
11
Funding Background
Program 2005-2015 2016-2025 2026-2035
Arterials
Streetscape
Road Projects
Bikes
Intersections & Traffic Signals $11M
Timberline Rd $5M
Harmony Rd $4M
Bike Implementation $1M
Pedestrian Plan $3M
North College Ave $4M
Transit Replacement $900k
Arterials $6M
Bike Infrastructure $5M
Bike/Ped Crossing $6M
Bus Stops $1M
Lincoln Ave Bridge $5.3M
Linden St $3M
Pedestrian Program $14M
Bus replacement $2M
Willow Street $3M
Arterials & Streetscapes $12M
($18M)
Bike Infrastructure & Crossings $11
($20M)
Pedestrian Program $14 ($16M)
Bus Stops & Bus replacement $3M
($6M)
Strategic Trails $10M $2.5 ($10M)
$29M $45M $42.5M ($70M requested)
Page 499
Item 26.
Headline Copy Goes HereHousing
12
Affordable Housing Capital Fund $10M
•Potential revolving Loan Fund start-up
•Low interest loans
•Fee credits, etc.
Page 500
Item 26.
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13
Funding Background
Program 2005-2015 2016-2025 2026-2035
Housing Affordable Housing Fund $4M Affordable Housing Fund $10M
$0M $4M $10M ($10M requested)
Page 501
Item 26.
Headline Copy Goes HereParks & Recreation
14
Mulberry Pool Recreational
Replacement $10M
Outdoor Pickleball Courts $4M
Community Bike Park $5M
Lee Martinez Farm Renovation
and Expansion $1M
Downtown Parks Shop $7.9M
($5.5M)
Page 502
Item 26.
Headline Copy Goes HereCultural Amenities
15
Children’s Garden and Event Infrastructure Upgrades
$1.3M
•A comprehensive renovation will rejuvenate the space to better
align with current learning theory, and to address drainage and
maintenance issues.
Downtown Trolley Building $6.8M ($2.2M)
Building has been identified in the Downtown Masterplan as
asset for community centered use
•Currently houses object artifact collection and other
storage
Page 503
Item 26.
Headline Copy Goes Here
16
Funding Background
Program 2005-2015 2016-2025 2026-2035
Parks &
Culture
Lincoln Center $5M
Park Upgrades $1.5M
Senior Center $4M
MOD $6M
Carnegie $1.7M
SECC $14M
White Water Park $4M
Gardens $2M
Club Tico $250k
Mulberry Pool $10M ($10M)
Dog Parks $0 ($2.5)
Pickleball $4M ($4M)
Bike Park $5M ($5M)
Lee Martinez $1M ($1M)
Parks Shop $8M ($8)
Trolley Barn $7M ($7M)
Gardens $1.3M ($5.5M)
$16.5M $24M $36.3M ($43M requested)
Page 504
Item 26.
Headline Copy Goes Here
17
Nature and Environment
River/Accessibility Projects $8M
•Looking at Lee Martinez and Legacy Park area to College
•Focus on access for neighborhoods north of the river and river health –expanded
scope to include Hickory Trail and Soft Gold Park
Timberline Recycling Center Improvements $1M –reduced due to grant funding
•ADA accessibility through ramps and walkways.
•Expanded access to recycling bins to meet demand.
Construction Waste Diversion Equipment Replacement: $2.2M
•Five pieces of heavy machinery that support the Crushing and Recycling Facility.
•In 2023, this facility processed approximately 138,000 tons of concrete and asphalt for
reuse and diverting this material from the landfill.
Nature in the City (NIC): $3M
•City-led projects replace existing, resource-intensive and low habitat value
landscapes with more diverse and efficient landscapes.
•Community-led projects support efforts to extend naturalized landscapes throughout
the community. Page 505
Item 26.
Headline Copy Goes Here
18
Funding Background
Program 2005-2015 2016-2025 2026-2035
River &
Environment
Nature in the City Fund $3M River Accessibility $8M ($8M)
Timberline Recycling Improvements $1M
Waste Diversion Equipment $2.2M ($2.2M)
Nature in the City $3M ($3M)
$0M $3M $14.2M ($14.2M requested)
Page 506
Item 26.
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19
Page 507
Item 26.
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20
Affordable Housing Capital Fund Options
Tool 1: Status Quo –Credits
& Equity
Current affordable housing
fund structure
•Fee waivers/credits
•Direct subsidy/equity
•Does not revolve
•May not substantially
accelerate pipeline
Tool 2: Short-term loans
Construction or
Predevelopment Loans
•Less than 5 years
•1-3% Interest rate
•May not substantially
accelerate pipeline
Tool 3: Long-term loans
Long-term financing
•Greater than 15 years
•1% Interest rate
•Allows for the utilization of
different tax credit tools
•Better advances pipeline
Page 508
Item 26.
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RESOLUTION 2025-077
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY A PROPOSED ORDINANCE EXTENDING THE
EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%)
“COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL
PROJECTS SALES AND USE TAX FOR A PERIOD OF TEN
YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR
CAPITAL PROJECTS AND RELATED OPERATION AND
MAINTENANCE
A. The City of Fort Collins has enacted a comprehensive sales and use tax,
which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins
(the “Code”).
B. The amount of such tax presently imposed by the Code, as co ntained in
Code Section 25-75(a)(3), includes a twenty-five hundredths percent (0.25%) tax, which
does not apply to food for home consumption (“groceries”), to generate revenue for the
construction of certain capital projects as identified in Ordinance No. 013, 2015, which
Ordinance was approved by City voters on April 7, 2015, and which projects were
approved by the City Council in accordance with the provisions of said Ordinance (the
“Existing Tax”).
C. For four decades, the revenue generated by such 0.25% tax has been an
essential tool to support expanded City facilities and infrastructure to serve the needs of
the community.
D. The Existing Tax will expire at midnight at the end of December 31, 2025 .
E. City Council believes it would be in the best interests of the City’s citizens
to extend the Existing Tax for an additional ten-year period to generate additional
revenues for purposes similar to those for which the Existing Tax was originally imposed .
F. Under Article X, Section 20 of the Colorado Constitution, any such
extension requires a vote of the people.
G. City Council has reviewed a variety of proposed capital projects and the
operation and maintenance needs for some of those projects and has identified certain
of the projects which it believes are necessary for the ongoing provision of City services.
H. The purpose of this Resolution is to exercise the Council's authority under
Article X, Section 3 of the City Charter to submit to a vote of the people the question of
extending the Existing Tax for a period of ten years for the purpose of funding the
planning, design, real property acquisition, construction, and operation and maintenance
for these necessary capital projects.
Page 509
Item 26.
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In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby referred to the registered voters of the City at the
next regular City election to be held on November 4, 2025, the question of whether the
following ordinance should be adopted:
(PROPOSED) VOTER-APPROVED ORDINANCE NO. 003, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) “COMMUNITY
CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD
OF TEN YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CAPITAL PROJECTS AND
RELATED OPERATION AND MAINTENANCE
A. The City of Fort Collins has enacted a comprehensive retail sales and use tax, which
enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the “Code”).
B. The amount of such tax presently imposed by the Code, as contained in Code Section 25-
75(a)(3), includes a twenty-five hundredths percent (0.25%) tax, which does not apply to food for home
consumption (“groceries”), to generate revenue for the construction of certain capital projects as identified
in Ordinance No. 013, 2015, which Ordinance was approved by City voters on April 7, 2015, and which
projects were approved by the City Council in accordance with the provisions of said Ordinance (the
“Existing Tax”).
C. For four decades, the revenue generated by such 0.25% tax has been an essential tool to
support expanded City facilities and infrastructure to serve the needs of the community.
D. The Existing Tax will expire at midnight at the end of December 31, 2025.
E. On August 19, 2025, the City Council adopted Resolution 2025-077 identifying various
projects that it believes should be funded by the extension of the Existing Tax, and submitting to the
registered electors of the City the question of whether an ordinance extending the Existing Tax for a period
of ten years should be enacted to obtain additional revenues for the plann ing, design, real property
acquisition, construction, and operation and maintenance for certain capital projects.
F. At a regular City election on November 4, 2025, the voters of the City of Fort Collins
approved the extension of the Existing Tax for the foregoing purposes and determined that, upon the
expiration of the Existing Tax, it is necessary and desirable that a twenty-five hundredths percent (0.25%)
sales and use tax be imposed on all items taxable under the Code, subject to the exceptions contained in
City Code Section 25-73(c) and (d) and Section 25-74(b), commencing January 1, 2026, for the purpose of
obtaining revenues for the planning, design, real property acquisition, and construction of the
aforementioned capital projects and for the operation and maintenance of some of them.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as
follows:
Section 1. That Section 25-75(a)(3) of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 25-75. Rate of tax.
(a) The amount of tax hereby levied is four and thirty-five hundredths (4.35) percent of the purchase
price of tangible personal property and taxable services except that the amount of use tax levied
Page 510
Item 26.
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on manufacturing equipment is three (3) percent of the purchase price. This tax is composed of a
rate of two and twenty-five hundredths (2.25) percent that does not expire and is not restricted in
the use of its proceeds and the remaining rate of two and ten hundredths (2.10) percent is
comprised of the following voter-approved taxes:
…
(3) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on December 31,
20252035, the proceeds of which are to be used for the purpose of paying the costs of
planning, design, real property acquisition, and construction, the capital projects specified
in the "Community Capital Improvement Program" and five (5) years of operation and
maintenance for those capital projects specified in Ordinance No. 013, 2015Voter-
Approved Ordinance No. 003, 2025, all of which shall be subject to the terms and
conditions of Ordinance No. 013, 2015Voter-Approved Ordinance No. 003, 2025; and
…
Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales
and use tax imposed pursuant to this Ordinance (the “Tax”) shall be used, to the extent that such revenues
are sufficient, for the planning, design, real property acquisition, construction, and operation and
maintenance for the capital projects described on Exhibit “A”, attached hereto and incorporated herein by
this reference (the “Projects”), subject to the following terms and conditions:
(a) The design, scheduling and amount of tax revenue to be set aside for the planning, design,
real property acquisition, and construction for the Proje cts, and the operation and maintenance for those
Projects for which operation and maintenance funding is provided on Exhibit “A”, shall be determined by
the City Council; provided, however, that no decision regarding the design or cost of any of these Pro jects
shall substantially change its essential character or eliminate any of its components from that described on
Exhibit “A”, except as expressly permitted under subsection 2(b) below, nor shall any decision fund less
than five (5) years of operation and maintenance for any of the Projects for which such funding is provided
for on Exhibit “A”, unless the Council has determined that such Project shall not be undertaken pursuant to
subsection 2(b), below. This provision shall not be construed as prohibitin g the City Council from:
i. enhancing the scope or design of any of the Projects, or increasing the cost
thereof, unless such enhancement or increase in cost would substantially impair
the City's ability to fully fund the planning, design, real property acqu isition, and
construction for any of the Projects described on Exhibit “A” or the operation and
maintenance for five (5) years from the date of completion of their construction for
those of the Projects for which operation and maintenance funding is provid ed on
Exhibit “A”, excepting only the Projects, if any, which have been eliminated by the
City Council pursuant to the provisions of subsection (b) below; or
ii. using any other revenues lawfully available to the City to enhance the scope or
design of any of the Projects, or to fund, in whole or in part, the planning, design,
real property acquisition, construction, operation and/or maintenance for any such
Projects.
(b) The planning, design, real property acquisition and construction for all of the Projects shall
be undertaken and completed by the City unless the City Council determines by resolution, after receiving
a recommendation from the City Manager, that it is no longer legally or financially feasible to undertake and
complete any of the Projects without substantially altering the essential character of the same from that
described on Exhibit “A.”
(c) The Projects shall be subject to all applicable provisions in A rticle XII of Chapter 23, as
amended, of the City Code relating to art in public places.
Section 3. That any revenues generated by the Tax and remaining unexpended and
unencumbered after the completion of the construction of all of the Projects described on Exhibit “A”,
Page 511
Item 26.
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excluding any of these Projects eliminated by the City Council under the provisions of Section 2(b) above,
may, in the discretion of the City Council, be used to fund additional operation and maintenance of the
Projects or for the planning, design, real property acquisition, construction, operation and/or maintenance
for any other capital project approved by the City Council.
Section 4. That the full amount of revenues derived from the Tax may be retained and
expended by the City, notwithstanding any state revenue or expenditure limitations including, but not limited
to, those contained in Article X, Section 20 of the Colorado Constitution.
Section 5. That the amendment of Section 25-75(a)(3) of the City Code as set forth herein
shall take effect at 12:01 a.m. on January 1, 2026.
Section 6. That except as provided herein, all other provisions of Chapter 25 of the City Code
shall remain unchanged and in full force and effect unless otherwise rescinded or modified by action of the
Council.
Exhibit “A”
Project Descriptions
Capital Improvement 0.25% Sales Tax Program
2026-2035
Estimated
Project Cost
(2024 dollars)
Estimated
Annual
Operations and
Maintenance
(2024 dollars)
Pedestrian Sidewalk Program $14,000,000 No O&M Funds
This project will provide annual funding to continue supporting the decades -long compliance
program to eliminate gaps in the City’s pedestrian network and improve ADA compliance.
Arterial Intersection Improvements and Streetscapes
Program
$12,000,000 No O&M Funds
This project will provide an annual fund for improvements to arterial intersections and streetscape
improvements as prioritized by safety improvements, multi-modal infrastructure needs, alignment
with existing plans, and partnership opportunities.
Bicycle Infrastructure & Overpass/Underpass
Program
$11,000,000 No O&M Funds
This project will provide annual funding for construction of grade -separated bicycle and pedestrian
crossings across roadways and for the implementation of projects identified in the Active Modes
Plan, Vision Zero Plan, and that help achieve 15-minute city goals
Affordable Housing Capital Fund $10,000,000 No O&M Funds
This project will provide funding to assist with the development of affordable housing through
community partners and public or private housing projects. Funding can be used to establish an
ongoing revolving fund to provide loans at a low-interest rate
Mulberry Pool Recreational Replacement Leveraging
Fund
$10,000,000 No O&M Funds
This project will provide a portion of funding anticipated to be needed to replace the existing
recreational facility/opportunities currently provided at Mulberry Pool.
Page 512
Item 26.
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Exhibit “A”
Project Descriptions
Capital Improvement 0.25% Sales Tax Program
2026-2035
Estimated
Project Cost
(2024 dollars)
Estimated
Annual
Operations and
Maintenance
(2024 dollars)
Poudre River North – River Health, Access, Parks, and
Trails
$8,000,000 $20,000
This project will leverage Parks, Stormwater, and Natural Areas goals and projects to enhance
the Poudre River and access for residents north of Lee Martinez Park and west of College Avenue.
Composting Infrastructure Advancement $7,000,000 $20,000
This project funding will be utilized to advance and scale community-wide composting efforts
and infrastructure.
Downtown Parks Shop $5,500,000 No O&M Funds
This project will provide a portion of funding for a new parks shop for maintenance crews which
will result in an efficient, safe, and consolidated workspace for people, vehicles, machinery, and
horticulture activities.
Community Bike Park $5,000,000 $15,000
This project and funding can be utilized towards land acquisition, design, and construction of a
bike park facility.
Outdoor Pickleball Complex & Courts $4,000,000 $10,000
This project creates additional outdoor stand -alone pickleball courts to help meet the growing
need in the community.
Nature in the City $3,000,000 No O&M Funds
This project provides annual funding to protect access to nature which can include enhancing
existing sites to provide native habitat and increasing species connectivity.
Transfort Bus Replacement & Stop Enhancements $3,000,000 No O&M Funds
This project will provide annual funding to make ADA improvements and upgrades at bus stops
throughout the City and will support the local match needed to replace Transfort buses over the
next 10 years.
Recreational Paved Trails $2,500,000 $10,000
This project will provide funding to design and construct portions of trails identified in the City’s
Strategic Trails Plan.
Construction Waste Diversion Equipment $2,200,000 No O&M Funds
This project will replace large equipment over the next 10 years to advance construction and
demolition waste and recycling/reuse goals of the City.
Page 513
Item 26.
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Historic Trolley Building Renovation $2,200,000 $10,000
The project will stabilize the existing historic 1906 downtown trolley barn to a state that allows for
consideration of potential programming, public-private partnership, and public utilization.
Gardens on Spring Creek – Children’s Garden &
Infrastructure
$1,300,000 No O&M Funds
This project will renovate the 20-year-old Children’s Garden to enhance learning opportunities
and contribute to event infrastructure upgrades.
Lee Martinez Farm Renovation & Expansion $1,000,000 No O&M Funds
This project will provide a shelter facility and greater ADA access throughout The Farm at Lee
Martinez Park.
Timberline Recycling Center Improvements $1,000,000 No O&M Funds
This project will provide a fire hydrant, restroom, and enhanced safety features at the recycling
center.
Section 2. Proposed Voter-Approved Ordinance No. 003, 2025, is hereby
submitted to the registered electors of the City of Fort Collins at the next regular election
to be held on November 4, 2025, in substantially the following form:
CITY OF FORT COLLINS BALLOT ISSUE NO. ____
A CITY-INITIATED QUESTION
WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25%
SALES AND USE TAX (25 CENTS ON A $100 PURCHASE) APPROVED BY THE
VOTERS IN 2015 FOR THE “COMMUNITY CAPITAL IMPROVEMENT PROGRAM”
CAPITAL PROJECTS PROGRAM BE EXTENDED FROM ITS CURRENT EXPIRATION
AT THE END OF DECEMBER 31, 2025, THROUGH THE END OF DECEMBER 31,
2035;
PROVIDED THAT THE REVENUE DERIVED FROM THE EXTENSION OF SUCH
TAX SHALL BE USED TO PAY THE COSTS OF PLANNING, DESIGN, REAL
PROPERTY ACQUISITION, AND CONSTRUCTION OF THE FOLLOWING CA PITAL
PROJECTS, AND TO PAY FIVE (5) YEARS OF OPERATION AND MAINTENANCE
(“O&M”) FOR CERTAIN OF THESE CAPITAL PROJECTS AS SPECIFIED BELOW, ALL
SUBJECT TO THE TERMS AND CONDITIONS OF PROPOSED VOTER-APPROVED
ORDINANCE NO. 003, 2025:
• PEDESTRIAN SIDEWALK PROGRAM
• ARTERIAL INTERSECTION IMPROVEMENTS AND STREETSCAPES
PROGRAM
• BICYCLE INFRASTRUCTURE & OVERPASS/UNDERPASS PROGRAM
• AFFORDABLE HOUSING CAPITAL FUND
• MULBERRY POOL RECREATIONAL REPLACEMENT LEVERAGING FUND
Page 514
Item 26.
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• POUDRE RIVER NORTH – HEALTH, ACCESS, PARKS, AND TRAILS (WITH
O&M)
• COMPOSTING INFRASTRUCTURE ADVANCEMENT (WITH O&M)
• DOWNTOWN PARKS SHOP
• COMMUNITY BIKE PARK (WITH O&M)
• OUTDOOR PICKLEBALL COMPLEX & COURTS (WITH O&M)
• NATURE IN THE CITY
• TRANSFORT BUS REPLACEMENT & STOP ENHANCEMENTS
• RECREATIONAL PAVED TRAILS (WITH O&M)
• CONSTRUCTION WASTE DIVERSION EQUIPMENT
• HISTORIC TROLLEY BUILDING RENOVATION (WITH O&M)
• GARDENS ON SPRING CREEK – CHILDREN’S GARDEN &
INFRASTRUCTURE
• LEE MARTINEZ FARM RENOVATION & EXPANSION
• TIMBERLINE RECYCLING CENTER IMPROVEMENTS
AND FURTHER PROVIDED THAT THE FULL REVENUES DERIVED FROM THE
TAX MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES,
NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION
INCLUDING, BUT NOT LIMITED TO, THE LIMITATION IN ARTICLE X, SECTION 20 OF
THE COLORADO CONSTITUTION?
YES/FOR _____
NO/AGAINST _____
Passed and adopted on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 19, 2025
Approving Attorney: Dianne Criswell
Exhibit: None
Page 515
Item 26.
File Attachments for Item:
27. Resolution 2025-078 Submitting to a Vote of the Registered Electors of the City a Citizen-
Initiated Ordinance to Continue the City’s Existing Open Space Sales and Use Tax.
The purpose of this item is to submit to a vote of the registered electors, at the City’s Regular
Election on November 4, 2025, a ballot issue question that approves a citizen-initiated
ordinance that proposes the extension of the ¼ of one percent Natural Areas sales and use tax,
without expiration, to continue to protect natural areas and open spaces; offer appropriate
recreation; provide revenue for responsible restoration and management of protected lands; and
partner with Larimer County, COGO, and others to make funding go further. The ordinance
makes several modifications to Citizen-Initiated Ordinance No. 1, 2002 (Open Space, Yes!)
related to Land Conservation, Operations, and Maintenance Activities to ensure that long-term
operations and maintenance needs can be met within the parameters of the initiative language.
A protest hearing regarding the ballot title may be required before consideration of the
Resolution. Under Section 7-156 of the City Code, any registered elector desiring to protest a
proposed ballot title or submission clause for any initiated measure must file such a protest with
the City Clerk, no later than noon on Monday, August 18, 2025. If a protest is filed, a hearing on
the protest will be added to the agenda item and must take place before the Council adopts the
Resolution setting the ballot title and submission clause.
Page 516
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
August 19, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
SUBJECT
Resolution 2025-078 Submitting to a Vote of the Registered Electors of the City a Citizen-Initiated
Ordinance to Continue the City’s Existing Open Space Sales and Use Tax.
EXECUTIVE SUMMARY
The purpose of this item is to submit to a vote of the registered electors, at the City’s Regular Election on
November 4, 2025, a ballot issue question that approves a citizen-initiated ordinance that proposes the
extension of the ¼ of one percent Natural Areas sales and use tax, without expiration, to continue to protect
natural areas and open spaces; offer appropriate recreation; provide revenue for responsible restoration
and management of protected lands; and partner with Larimer County, COGO, and others to make funding
go further. The ordinance makes several modifications to Citizen-Initiated Ordinance No. 1, 2002 (Open
Space, Yes!) related to Land Conservation, Operations, and Maintenance Activities to ensure that long-
term operations and maintenance needs can be met within the parameters of the initiative language.
A protest hearing regarding the ballot title may be required before consideration of the Resolution. Under
Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot title or
submission clause for any initiated measure must file such a protest with the City Clerk, no later than noon
on Monday, August 18, 2025. If a protest is filed, a hearing on the protest will be added to the agenda item
and must take place before the Council adopts the Resolution setting the ballot title and submission clause.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
A citizen-initiated measure to continue the City’s Open Space Sales and Use Tax for a period of 25 years
was approved by the registered electors of Fort Collins at a special City election on November 5, 2002.
The City Clerk’s Office received an initiative petition amending the terms of the 2002 Initiative on July 8,
2025, which the Clerk has determined to contain a sufficient number of signatures to place the initiated
measure before the registered electors of the City at the November 4, 2025, regular election. The petition
met the requirement that it be signed by registered electors of the City equal to at least ten percent (10%)
of the total ballots cast in the last regular City election, which is 5,070. It was determined that the petition
contained 6,205 valid signatures (of the signatures verified) and the City Clerk certified the petition as
sufficient on July 22, 2025. No protests were filed.
Page 517
Item 27.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Upon certification, the City Clerk is required to present the certified petition to Council at its next regularly
scheduled meeting or at a special meeting called for that purpose. Under Article X, Section 3(a) of the City
Charter, for a tax measure requiring voter approval under the Colorado Constitution, upon presentation of
an initiative petition certified as to sufficiency by the City Clerk , the City Council must submit said citizen-
initiated ordinance, in the form petitioned for, to the registered electors of the City. Council does not have
the option of adopting the citizen ordinance as is the case with other citizen-initiated items that are not tax
measures.
This Resolution adopts the ballot title and submission clause for the measure. Under Article X, Section
10(b) of the City Charter, the ballot title shall contain information identifying the measure as a city-initiated
or citizen-initiated measure. The submission clause shall be brief, shall not conflict with the submission
clause for any petition previously filed for the same election, and shall unambiguously state the principle
and provision. Both the title and submission clause are printed on the ballot, along with the words “Yes/For”
and “No/Against”.
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot title or
submission clause for any initiated measure must file such a protest with the City Clerk, no later than noon
on Monday, August 18, 2025. If a protest is filed, a hearing on the protest will be added to the agenda item
and must take place before the Council adopts the Resolution setting the ballot title and submission clause.
CITY FINANCIAL IMPACTS
None. The item adds no election-related costs since this is a regular election for the City.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Certification of Sufficient Petition
2. Presentation
3. Resolution 2025-078
Page 518
Item 27.
STATEMENT OF INITIATIVE
PETITION SUFFICIENCY
(Regular Election)
I, Delynn Coldiron, City Clerk, do hereby certify that:
1. On May 1, 2025 petition representatives Linda Stanley, Kelly Ohlson and
Margit Hentschel submitted a petition to initiate an ordinance. The following
describes the intent of the initiative:
For purposes of acquiring, restoring, and maintaining natural areas, open
spaces, wildlife habitat, river, streams, and other riparian areas, and
biodiverse landscapes, and providing for the appropriate use and enjoyment
of these areas by residents, this initiative continues, without expiration, the
existing 1/4 of one percent Natural Areas sales and use tax approved in 1992
by the City of Fort Collins voters and extended by voters in 2002 (Open
Space, Yes!). By continuing this funding, the Natural Areas Program will
continue to protect natural areas and open spaces; offer appropriate
recreation; provide revenue for responsible restoration and management of
protected lands; and partner with Larimer County, GOCO, and others to
make funding go further. This ordinance makes several modifications to
Citizen-Initiated Ordinance No. 1, 2002 language (Open Space, Yes!)
related to Land Conservation, Operations, and Maintenance Activities to
ensure that long-term operations and maintenance needs can be met within
the parameters of the initiative language.
2. Said petition requested that the initiated ordinance be placed before the
voters at a regular municipal election; and
3. An initiative petition seeking consideration at a regular election must be
signed by registered electors of the city equal in number to at least ten (10)
percent of the total ballots cast in the last regular city election; and
4. The number of signatures of registered voters who live within the Fort Collins
city limits required for said petition to be sufficient is 5,070; and
5. Upon examination of the petition, it has been determined that the petition
sections reviewed contain 6,205 valid signatures, and the petition is
therefore sufficient for placement on a regular municipal election ballot; and
Page 519
Item 27.
6. This determination of sufficiency is subject to protest within seven (7) days
of this initial determination of sufficiency, which deadline is 5:00 p.m. on July
29, 2025; and if protested, will be superceded by a new determination of
sufficiency or insufficency following hearing on the protest(s) and certification
of the results of the hearing.
Signed this 22nd day of July, 2025.
________________________
Delynn Coldiron, City Clerk
Page 520
Item 27.
Headline Copy Goes Here
Delynn Coldiron, City Clerk
Carrie Daggett, City Attorney
Citizen Initiative –
Extension of the ¼
Cent Natural Areas
Sales and Use Tax
August 18, 2025
Page 521
Item 27.
Headline Copy Goes HereNatural Areas Sales & Use Tax Petition
2
•May 1, 2025
o Petition Representatives submitted an
Initiative Petition to the Clerk’s Office
•May 8, 2025
o Form of Initiative Petition approved for
circulation
o 300 petition sections were created
allowing for up to 50 signatures per
section
•July 8, 2025
o Returned Petition to the Clerk’s Office
(Deadline was July 9)
o Included 235 Petition Sections
o 6,205 signatures were verified (5,070
signatures were needed)
o Another approximately 1,800
signatures were turned in but didn’t
need to be checked
Page 522
Item 27.
Headline Copy Goes HereNatural Areas Sales & Use Tax Petition
3
•June 22, 2025
o Statement of sufficiency issued
•July 29, 2025
o Deadline for Protests
o No Protests were received
•August 19, 2025
o First Regular Meeting available to
bring to Council
Page 523
Item 27.
Headline Copy Goes HerePresent Petition –Council Choices
4
City Charter requires Council, for tax measures that
require voter approval under the Colorado Constitution,
to submit the citizen-initiated ordinance, in the form
petitioned for, to the registered electors
City Charter requires Council, once a citizen initiative
petition has been certified as sufficient, to refer the
measure to a vote of the registered electors within 25
business days
Resolution 2025-078
•Adopts the ballot title and submission clause for the
measure
•Submits the citizen-initiated ordinance regarding
extending the natural areas sales and use tax to a
vote of registered electors
•Will appear on the November 4, 2025 ballot Page 524
Item 27.
Headline Copy Goes Here
5
Proposed Ballot Language
PROPOSED CITIZEN-INITIATED ORDINANCE NO. 3
WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25%SALES AND USE
TAX (25 CENTS ON A $100 PURCHASE), WHICH WAS AUTHORIZED BY CITIZEN-INITIATED
ORDINANCE NO. 1, 2002, AND AS DESCRIBED IN CITIZEN-INITIATED ORDINANCE NO. 2, 2025, FOR
THE ACQUISITION, MAINTENANCE, AND OPERATIONS OF NATURAL AREAS BE EXTENDED, WITHOUT
EXPIRATION, FROM ITS CURRENT EXPIRATION AT THE END OF DECEMBER 31, 2030;
PROVIDED THAT THE REVENUES DERIVED FROM SUCH TAX EXTENSION SHALL BE USED TO
ACQUIRE, OPERATE AND MAINTAIN NATURAL AREAS, OPEN SPACES, COMMUNITY SEPARATORS,
WILDLIFE HABITAT, RIVER, STREAMS AND OTHER RIPARIAN AREAS, WETLANDS, AND BIODIVERSE
LANDSCAPES, AND TO PROVIDE FOR THE APPROPRIATE USE AND ENJOYMENT OF THESE AREAS
BY THE CITIZENRY AND WITH THE FOLLOWING CHANGES TO CITIZEN-INITIATED ORDINANCE NO. 1,
2002:
•BEGINNING JANUARY 1, 2061, REDUCE THE PERCENTAGE OF TOTAL ANNUAL REVENUE THAT
MUST BE SPENT ON LAND CONSERVATION ACTIVITIES, AS DEFINED IN THE CITIZEN-INITIATED
ORDINANCE, TO NOT LESS THAN 70% INSTEAD OF NOT LESS THAN 80%.
•BEGINNING JANUARY 1, 2061, INCREASE THE PERCENTAGE OF TOTAL ANNUAL REVENUE
THAT MAY BE SPENT ON OPERATIONS AND MAINTENANCE ACTIVITIES, AS DEFINED IN THE
CITIZEN-INITIATED ORDINANCE, TO NOT MORE THAN 30% INSTEAD OF NOT MORE THAN 20%;
Page 525
Item 27.
Headline Copy Goes Here
6
Proposed Ballot Language
PROPOSED CITIZEN-INITIATED ORDINANCE NO. 3 -CONTINUED
•ADD TO THE DEFINITION OF “LAND CONSERVATION ACTIVITY” IMPROVING ACQUIRED LANDS
BY RESTORING, ENHANCING, AND MAINTAINING NATIVE PLANT AND ANIMAL COMMUNITIES
FOR THE PRIMARY PURPOSE OF IMPROVING THE ECOLOGICAL HEALTH OF PROTECTED
LANDS; AND
•CLARIFY OTHER LANGUAGE OF THE CITIZEN-INITIATED ORDINANCE TO ELIMINATE
CONFUSION AND MORE ACCURATELY REFLECT THE POLICIES AND PRACTICES OF THE CITY’S
NATURAL AREAS PROGRAM.
AND FURTHER PROVIDED THAT THE FULL AMOUNT OF REVENUES DERIVED FROM THE TAX
EXTENSION MAY BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY STATE
REVENUE OR EXPENDITURE LIMITATION, INCLUDING, BUT NOT LIMITED TO, THE LIMITATION
CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
YES/FOR _____
NO/AGAINST _____
Page 526
Item 27.
Headline Copy Goes Here
7
Protests
•City Code allows any registered elector to protest a ballot title or
submission clause.
•Protest Deadline:Monday,August 18,2025 (by noon).
•If any are received,a public hearing will be added to the agenda and
must take place before Council can adopt the Resolution.
Page 527
Item 27.
Headline Copy Goes Here
Questions?
8
Page 528
Item 27.
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RESOLUTION 2025-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF
THE CITY A CITIZEN-INITIATED ORDINANCE TO CONTINUE
THE CITY’S EXISTING OPEN SPACE SALES AND USE TAX
A. Under Article X, Section 1 of the City Charter, the registered electors of the
City have the power to propose a measure to the City Council, and if the City Council fails
to adopt a measure so proposed, then to adopt or reject such ordinance or resolution at
the polls.
B. A citizen-initiated measure to continue the City’s Open Space Sales and
Use Tax for a period of 25 years (the “2002 Initiative”) was approved by the registered
electors of Fort Collins at a special City election on November 5, 2002.
C. An initiative petition amending the terms of the 2002 Initiative and extending
the Open Space Sales and Use Tax without expiration (the “Initiated Measure”) has been
submitted to the City, and the City Clerk has certified said petition as sufficient for
submission of the initiated ordinance to a vote of the people at the next regular City
election on November 4, 2025.
D. In addition to removing the expiration of the Tax, the Initiated Measure
amends the terms of the 2002 Initiative by:
a. Starting in 2061:
i. reducing the percentage of revenues from the tax that must be
used for “land conservation activities” to 70 percent (from 80
percent); and
ii. increasing the percentage of revenues from the tax that may be
used for maintenance and operations to 30 percent (from 20
percent);
b. Changing the definition of “land conservation activity”, for which a
specified amount of the tax revenues must be used, to include
expenditures to support the ecological health of protected lands; and
c. Clarifying other language to eliminate confusion and more accurately
reflect the policies and practices of the Natural Areas program.
E. The City Clerk has presented the petition for the Initiated Measure to the
City Council as provided in Article X, Section 2(f) of the City Charter.
F. Under Article X, Section 3(a) of the City Charter, for a tax measure requiring
voter approval under the Colorado Constitution, upon presentation of an initiative petition
certified as to sufficiency by the City Clerk the City Council must submit said citizen-
initiated ordinance, in the form petitioned for, to the registered electors of the City.
Page 529
Item 27.
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G. The ballot title for the measure must identify the measure as either a city -
initiated or citizen-initiated measure.
H. The submission clause must be brief, must not conflict with those selected
for any petition previously filed for the same election, and must unambiguously state the
principle of the provision sought to be added.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby submitted to the registered electors of the City at the
next regular city election to be held on Tuesday, November 4, 2025, the following
proposed citizen-initiated ordinance:
[THIS IS THE EXACT LANGUAGE OF THE INITIATED ORDINANCE AND
CANNOT BE CHANGED IN ANY WAY]
CITIZEN-INITIATED ORDINANCE NO. 2
A. The Fort Collins Natural Areas Department has protected over 55,000 acres and provided
114 miles of trails since the first citizens’ initiative establishing a ¼ of one percent Natural
Areas and Open Space sales tax in 1992 and its subsequent renewal in 2002 (Open
Space, Yes!). Not only has the Natural Areas Program significantly improved the quality
of life for Fort Collins residents, it continues to be a key partner in conserving native plant
and wildlife communities, ecosystems, biodiversity, and other large landscapes in
Northern Colorado.
B. Fort Collins residents currently enjoy the open spaces and natural areas; the recreation
they provide, such as walking, hiking, biking, wildlife viewing, bird watching, and fishing;
the educational opportunities and programs provided to people of all ages and
backgrounds; and the beautiful landscapes and views they provide. About 96% of Fort
Collins residents reported visiting a City of Fort Collins natural area, open space or trail
in the previous 12 months according to the Our Lands, Our Future 2023 survey.
C. Continuing this initiative into the future will ensure the long-term sustainability of the
Natural Areas Program. The Natural Areas Program can continue to protect natural areas,
open spaces, and wildlife habitat; offer appropriate recreation (walking/hiking/biking and
more) and education programs; provide revenue for restoration and management of
protected lands; and partner with Larimer County, GOCO, and others to make funding go
much further.
D. This ordinance makes several modifications to Citizen-Initiated Ordinance No. 1, 2002
language (Open Space, Yes!) related to Land Conservation, Operations, and
Maintenance Activities. This will ensure that long-term operations and maintenance needs
can be met within the parameters of the initiative language. Maintaining native plant and
animal communities for the primary purpose of improving the current and future ecological
health of protected lands will be moved into the category of Land Conservation Activities
from Maintenance Activities, as will monitoring of land conservation easements.
Page 530
Item 27.
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E. The minimum percentage of tax revenue that must be spent on Land Conservation
activities shall decrease from 80% to 70% beginning January 1, 2061. Note that the
Natural Areas Department share of the Larimer County Help Preserve Open Spaces sales
tax may be used for Land Conservation, Operations, or Maintenance Activities, making
these percentages sustainable into the future.
F. Because the Fort Collins Natural Areas Department relies solely on sales tax revenues
from sources with expiration dates, long-term planning for the future is difficult. This
initiative will remove the expiration date of the Open Space, Yes! (Citizen-Initiated
Ordinance No. 1, 2002) tax.
In light of the foregoing recitals, BE IT ORDAINED AS FOLLOWS:
Section 1. THAT for purposes of acquiring, operating, and maintaining natural areas, open
spaces, community separators, wildlife habitat, river, streams and other riparian areas,
wetlands, and biodiverse landscapes, and providing for the appropriate use and enjoyment of
these areas by the citizenry, the existing twenty-five one-hundredths (.25) percent sales and
use tax authorized by Citizen Initiated Ordinance No. 1, 2002 and approved by the City of Fort
Collins voters, be extended without expiration (the "Tax").
Section 2. THAT land conservation projects using revenues from the Tax shall be undertaken
where there is an identifiable benefit to the residents of the City of Fort Collins as determined
by the City Council, whether undertaken by the City of Fort Collins alone or in partnership with
one or more entities. The projects shall be undertaken within the City of Fort Collins and its
Growth Management Area boundary; in the areas between Fort Collins and the communities
of Wellington, Windsor, Loveland, Timnath, Bellvue, and LaPorte; in the foothills west of Fort
Collins; in the Poudre River corridor; and regionally.
Section 3. THAT 100 percent (100%) of the proceeds from the Tax shall be deposited into the
Sales and Use Tax Fund and shall be apportioned as follows:
a) Not less than 80 percent (80%) of the total annual revenue of the Tax received
during the time period January 1, 2031 to December 31, 2060 shall be used solely
for Land Conservation Activities as defined herein.
b) Not less than 70 percent (70%) of the total annual revenue of the Tax received
beginning January 1, 2061, and not including revenues prior to January 1, 2061,
shall be used solely for Land Conservation Activities as defined herein.
c) Not more than 20 percent (20%) of the total annual revenue of the Tax received
during the time period January 1, 2031 to December 31, 2060 shall be used solely
for Operations Activities and Maintenance Activities as defined herein.
d) Not more than 30 percent (30%) of the total annual revenue of the Tax received
beginning January 1, 2061, and not including revenues prior to January 1, 2061,
shall be used solely for Operations Activities and Maintenance Activities as defined
herein. This percentage shall be calculated on a 10-year rolling average, beginning
January 1, 2071, and the City of Fort Collins shall evaluate and verify annually,
beginning January 1, 2071, that this 10-year rolling average does not exceed 30%
of the average annual revenue of the Tax.
Page 531
Item 27.
-4-
Section 4. THAT "Land Conservation Activities" are herein defined to solely include the
following:
a) Acquiring interests in real property for the purposes of conserving and protecting
natural areas, open spaces, community separators, wildlife habitat, rivers, streams
and other riparian areas, wetlands, and biodiverse landscapes. Acquiring interests
in real property includes, without limitation, fee simple acquisition, acquisition of
perpetual conservation or agricultural easements, and acquisition of development
rights, whether alone or in cooperation with one or more entities;
b) Acquiring or leasing water rights and water storage rights for the purpose of
conserving, restoring, and maintaining conserved and protected lands, or if
acquisition of interests in real property is contingent on acquisition of water rights;
c) Acquiring subsurface rights, such as mineral (e.g. gravel) rights;
d) Allowing expenditure of funds for joint projects between Larimer County, other
municipalities, trusts, foundations, GOCO, or other public or private entities for the
purpose of land conservation;
e) Improving acquired lands by restoring, enhancing, and maintaining native plant and
animal communities for the primary purpose of improving the current and future
ecological health of protected lands and their native plant and animal communities;
f) Providing grant funds to protect, restore and enhance native plant and animal
communities on private and publicly owned natural areas in Fort Collins and
unincorporated Larimer County;
g) Hiring land agents, as necessary, to act on behalf of the City of Fort Collins in
negotiating contracts with the owners of such interests in real property; and
h) Monitoring lands protected by less than fee simple acquisition at least annually,
through the use of third-party land trusts, the City of Fort Collins, or other
appropriate parties, to ensure lands are protected and maintained in accordance
with the terms of the acquisition and adopted management plans and agreements.
Except as otherwise expressly agreed, owners of properties protected by less than
fee simple acquisition shall be responsible for maintaining all lands, structures,
enhancements, and facilities in accordance with the adopted site-specific
management plans and agreements; and
i) Administering and directly supervising Land Conservation Activities as described in
this section.
j) Land Conservation Activities shall not include any activities defined herein as
Operations Activities or Maintenance Activities.
Section 5. THAT "Operations Activities" of conserved and protected lands is herein defined to
include the following:
Page 532
Item 27.
-5-
a) Conducting educational and volunteer programs to involve citizens in the
ownership of conserved and protected lands;
b) Informing the public about City of Fort Collins open spaces and programs, such as
producing and distributing newsletters, brochures and maps and providing a
website and social media content;
c) Providing public capital facilities to manage human usage of conserved lands, such
as trails, fencing, wildlife viewing structures, restrooms, drinking water, trash and
recycling receptacles, traffic-related infrastructure and parking areas associated
with usage, signage, interpretive exhibits, or information displays;
d) Developing, implementing and updating an overall program master plan, as well
as site-specific management plans for conserved and protected lands;
e) Administering the natural areas and land conservation programs, including on-
going accounting, record keeping, scheduling, personnel management, interacting
with the City Council and the citizens, and administering easement requests in
accordance with the adopted natural areas easement policy;
f) Law enforcement activities for the purpose of enforcing natural areas and open
lands regulations and other applicable laws; and
g) Administering and directly supervising all Operations Activities described in this
section.
h) Operations Activities shall not include any activities defined herein as Land
Conservation Activities or Maintenance Activities.
Section 6. THAT "Maintenance Activities" of conserved and protected lands is herein defined
to include the following:
a) Repairing, cleaning, or replacing public capital facilities as described in Section 5,
such as trails, fencing, wildlife viewing structures, restrooms, drinking water, trash
and recycling receptacles, parking areas, signage, interpretive exhibits, or
information displays, and removing trash and debris;
b) Administering and directly supervising all Maintenance Activities described in this
section.
c) Maintenance Activities shall not include any activities defined herein as Operations
Activities or Land Conservation Activities.
Section 7. THAT all Land Conservation Activities as defined in Section 4 shall be accomplished
by agreement with willing sellers.
Section 8. THAT the City of Fort Collins shall expend moneys for Land Conservation Activities
in a timely and expedient manner, seeking to avoid substantial escalation in costs of real
property or the real property being no longer available, including, where appropriate,
cooperating with land trusts and other public and private land conservation entities.
Page 533
Item 27.
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Section 9. THAT all revenues generated on open space, natural areas, wildlife habitat, and
other Land Conservation Activities performed or acquired with the Tax shall be used for the
purposes stated herein. Revenues generated from leasehold interests in real property shall
subsequently be used for Land Conservation Activities.
Section 10. THAT investment earnings on the revenues of the Tax shall be used for the
purposes stated herein and apportioned as provided in Section 3.
Section 11. THAT, except with the express approval of the City Council, (a) no interest in real
property acquired with the revenues provided by the Tax may be sold, leased, traded, or
otherwise conveyed, (b) nor may an exclusive license or permit on such interest in real
property be given, (c) nor may the use of such interest in real property be converted to
purposes other than those permitted hereby. Prior to such action, the proposed action shall
be reviewed by the appropriate board, and a recommendation shall be forwarded to the City
Council. Approval of the action may be given only by a majority vote of the members of City
Council after a public hearing held with notice provided in accordance with the applicable law.
Section 12. THAT (a) if any real property or interest therein acquired by use of proceeds of the
Tax pursuant to this initiative ever be sold, exchanged, transferred, leased or otherwise
disposed of, the consideration for such sale, exchange, transfer, lease or disposition shall be
deposited into a fund or account for Land Conservation Activities and be subject to the same
expenditure and use restrictions as those set forth herein for the original proceeds of the Tax,
including restrictions set forth in this Section; and (b) if any real property or interest therein
acquired by use of proceeds of the Tax pursuant to Section 1 of this initiative shall ever be
converted to purposes other than those described herein, the City of Fort Collins shall pay into
a fund or account for Land Conservation Activities, from any legally available municipal
moneys other than the Tax, the then estimated fair market value of such property, as
determined by an appraisal.
Section 13. THAT the City of Fort Collins is authorized to adopt such uniform rules, regulations,
and ordinances as may be necessary for the administration and enforcement of this initiative
in a manner consistent with the language herein; and that the City Council or its authorized
representatives are hereby empowered to enter into and execute on behalf of the City of Fort
Collins any agreements necessary for the administration and enforcement of this initiative in
a manner consistent with the language herein.
Section 14. THAT the City of Fort Collins Land Conservation and Stewardship Board shall
advise and make recommendations to the City Council regarding the expenditure of moneys
for the purposes stated herein.
Section 15. THAT the City of Fort Collins shall prepare for review by the appropriate board(s)
and City Council quarterly financial reports to include revenues, expenditures, and balances
in the applicable funds or accounts, and any other appropriate related accounts, and shall
prepare a report to the public annually regarding the use of the revenues derived from the Tax.
Section 16. THAT the full amount of revenues, and any investment earnings thereon, derived
from the Tax shall be retained and expended by the City of Fort Collins, notwithstanding any
state revenue or expenditure limitations including, without limitation, those contained in Article
X, Section 20 of the Colorado Constitution.
Section 17. THAT this initiative shall become effective at 12:01 a.m. January 1, 2031.
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Section 2. The foregoing proposed citizen-initiated ordinance is hereby
submitted to the registered electors of the City at said regular city election in substantially
the following form:
CITY OF FORT COLLINS BALLOT ISSUE NO. ____
A CITIZEN-INITIATED QUESTION
WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING
0.25% SALES AND USE TAX (25 CENTS ON A $100 PURCHASE), WHICH WAS
AUTHORIZED BY CITIZEN-INITIATED ORDINANCE NO. 1, 2002, AND AS
DESCRIBED IN CITIZEN-INITIATED ORDINANCE NO. 2, 2025, FOR THE
ACQUISITION, MAINTENANCE, AND OPERATIONS OF NATURAL AREAS BE
EXTENDED, WITHOUT EXPIRATION, FROM ITS CURRENT EXPIRATION AT THE
END OF DECEMBER 31, 2030;
PROVIDED THAT THE REVENUES DERIVED FROM SUCH TAX EXTENSION
SHALL BE USED TO ACQUIRE, OPERATE AND MAINTAIN NATURAL AREAS, OPEN
SPACES, COMMUNITY SEPARATORS, WILDLIFE HABITAT, RIVER, STREAMS AND
OTHER RIPARIAN AREAS, WETLANDS, AND BIODIVERSE LANDSCAPES, AND TO
PROVIDE FOR THE APPROPRIATE USE AND ENJOYMENT OF THESE AREAS BY
THE CITIZENRY AND WITH THE FOLLOWING CHANGES TO CITIZEN-INITIATED
ORDINANCE NO. 1, 2002:
BEGINNING JANUARY 1, 2061, REDUCE THE PERCENTAGE OF TOTAL
ANNUAL REVENUE THAT MUST BE SPENT ON LAND CONSERVATION
ACTIVITIES, AS DEFINED IN THE CITIZEN-INITIATED ORDINANCE, TO NOT
LESS THAN 70% INSTEAD OF NOT LESS THAN 80%.
BEGINNING JANUARY 1, 2061, INCREASE THE PERCENTAGE OF TOTAL
ANNUAL REVENUE THAT MAY BE SPENT ON OPERATIONS AND
MAINTENANCE ACTIVITIES, AS DEFINED IN THE CITIZEN-INITIATED
ORDINANCE, TO NOT MORE THAN 30% INSTEAD OF NOT MORE THAN 20%;
ADD TO THE DEFINITION OF “LAND CONSERVATION ACTIVITY” IMPROVING
ACQUIRED LANDS BY RESTORING, ENHANCING, AND MAINTAINING
NATIVE PLANT AND ANIMAL COMMUNITIES FOR THE PRIMARY PURPOSE
OF IMPROVING THE ECOLOGICAL HEALTH OF PROTECTED LANDS; AND
CLARIFY OTHER LANGUAGE OF THE CITIZEN-INITIATED ORDINANCE TO
ELIMINATE CONFUSION AND MORE ACCURATELY REFLECT THE POLICIES
AND PRACTICES OF THE CITY’S NATURAL AREAS PROGRAM.
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AND FURTHER PROVIDED THAT THE FULL AMOUNT OF REVENUES
DERIVED FROM THE TAX EXTENSION MAY BE RETAINED AND EXPENDED BY THE
CITY NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION,
INCLUDING, BUT NOT LIMITED TO, THE LIMITATION CONTAINED IN ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION?
YES/FOR _____
NO/AGAINST _____
Passed and adopted on August 19, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: August 19, 2025
Approving Attorney: Carrie Daggett
Exhibit: None
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