HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/02/2025Fort Collins City Council Agenda
Regular Meeting Amended 9/1/25
6:00 p.m., Tuesday, September 2, 2025
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
September 2, 2025 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Month of September 2025 as National Preparedness Month.
PP 2. Declaring the Month of September 2025 as Hunger Action Month.
REGULAR MEETING
6:00 PM
Amended 9/1/25
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS
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.
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• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments
on a particular agenda item during general public comment, that speaker will not also be entitled
to speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain
and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the August 12, 2025, Special Meeting and
August 19, 2025, Regular meeting.
The purpose of this item is to approve the minutes of the August 12, 2025, Special Meeting and
the August 19, 2025, Regular meeting.
2. Second Reading of Ordinance No. 127, 2025, Appropriating Unanticipated Philanthropic
Revenue Received Through City Give for Various Programs and Services as Designated
by the Donors.
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This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends 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.
3. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, requests 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. T he $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.
4. Second Reading of Ordinance No. 129, 2025, Appropriating Prior Year Reserves in the
Wastewater Utility Fund for the Blower Replacement Project and Related Art in Public
Places.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, requests 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.
5. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, supports 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
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operations to identify, interdict, investigate, enforce, and prosecute motor vehicle theft-related
crimes.
6. Second Reading of Ordinance No. 131, 2025, Making Supplemental Appropriations of
Grant Funds From Colorado Parks and Wildlife for the Soapstone Prairie Headwaters
Restoration Project.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, supports 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.
7. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, appropriates
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.
8. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, appropriates
$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.
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9. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, approves 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.
10. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, authorizes the use
of eminent domain to acquire right-of-way needed for constructing the Cordova Road – North of
Duff Drive project (Project).
11. Items Relating to Amendments and Updates to Tax Provisions in City Code.
A. Second Reading of Ordinance No. 136, 2025, Amending Article III of Chapter 3 of the Code
of Fort Collins Relating to Liquor Occupation Tax.
B. Second 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. Second Reading of Ordinance No. 138, 2025, 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.
These Ordinances, unanimously adopted on First Reading on August 19, 2025, 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.
The changes to the second reading of Ordinance No. 137, 2025 (found at the top of page
14 of the ordinance) remove an outdated statutory reference in Code Sec. 25-216 (Review
of decisions of Financial Officer) by deleting the citation in that Section to Colorado
Revised Statutes (C.R.S.) § 29-2-106., which was updated and relocated to C.R.S. § 29-2-
203 in the omnibus 2024 housekeeping legislation, Senate Bill 24-025 (SB24-025). SB24-
025 revised, modernized, and harmonized separate state statutes pertaining to sales and
use tax administration.
12. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends
amending the Outdoor Vendors Code to adopt an annual expiration date of the license issued by
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City of Fort Collins Page 6 of 9
the City to align with the cadence of regulation by other local governments and for purposes of
efficient regulation of vendors by the City.
13. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends
amendments and updates to the City’s regulation of door-to-door solicitors.
14. First Reading of Ordinance No. 142, 2025, Appropriating Philanthropic Revenue Received
through City Give for The Gardens on Spring Creek as Designated by the Donor.
The purpose of this item is to appropriate $326,351 in philanthropic revenue received through
City Give to benefit the Gardens on Spring Creek (the “Gardens”). These estate gifts to the
Gardens align with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriation of charitable gifts.
15. First Reading of Ordinance No. 143, 2025, Vacating a Portion of the Right-of-Way of
Giddings Road.
The purpose of this item is to vacate a portion of the public right-of-way (ROW) at Giddings Road
between Mountain Vista Drive and Richards Lake Road. The outside 8-ft of ROW on either side
of the existing road can be vacated, and the road will still meet the minimum Larimer County
Urban Area Street Standards for a 2-lane arterial street.
16. Items relating to the Moor Annexation.
A. Resolution 2025-079 Setting Forth Findings of Fact and Determinations Regarding the Moor
Annexation.
B. Public Hearing and First Reading of Ordinance No. 144, 2025, Annexing the Property Known
as the Moor Annexation to the City of Fort Collins, Colorado.
The purpose of these items is to annex a 3.368-acre property located northeast of the intersection
of North Taft Hill Road and Laporte Avenue. The Initiating Resolution was adopted July 15, 2025.
A related item to zone the annexed property is presented on this Agenda.
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.
17. Public Hearing and First Reading of Ordinance No. 145, 2025, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in
the Moor Annexation to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map and Lighting Context Area
Map.
The purpose of this item is to zone the property included in the Moor Annexation into the Low
Density Mixed-Use Neighborhood District (LMN) and place the property into the Residential Sign
District and the LC1 Lighting Context Area.
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This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2024-148.
18. Resolution 2025-080 Adopting the 2025 Fort Collins Utilities Water Efficiency Plan.
The purpose of this item is to adopt the 2025 Fort Collins Utilities Water Efficiency Plan.
The 2025 Fort Collins Utilities Water Efficiency Plan (WEP) sets water efficiency goals and
identifies strategies (such as voluntary incentives, policy, infrastructure tools, and education) to
meet the goals, with a focus on treated water use within the Fort Collins Utilities (Utilities) water
service area. The WEP update followed State guidelines and involved extensive public and staff
engagement, quantitative analyses, and an equity evaluation.
The State of Colorado requires that retail water providers have a State-approved water efficiency
plan that is updated periodically. Following Council adoption, staff will submit the 2025 WEP to
the Colorado Water Conservation Board for final approval.
19. Resolution 2025-081 Approving Participation in the Settlement with An Additional
Opioid Defendant, Purdue, and a Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado
Opioids Settlement with Purdue by granting approval to sign an additional participation agreement
and waiver of claims for opioid-related damages. This is in follow-up to prior approvals of
settlements with multiple other opioid defendants, negotiated through national settlement efforts
coordinated through the State of Colorado.
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
Staff Report: Access Fort Collins Demonstration.
The purpose of this item is to provide a demonstration of the Access Fort Collins platform.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
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• 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.
20. Second 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.
This Ordinance, adopted on First Reading on August 19th, 2025, by a vote of 6-1 (Nay:
Gutowsky), supports the Civic Assembly’s recommendations presented to Council on May 27,
2025, and adds additional specification to those recommendations.
21. Resolution 2025-082 Referring 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 to a Vote of the Registered Electors of
the City at the Next Regular General Election on November 4, 2025.
This item has been amended to include 6 protests received on September 1, 2025, before the
noon deadline.
The purpose of this item is to refer Ordinance No. 141, 2025, relating to the recommendations of
the Civic Assembly for the use and management of the Hughes Stadium Site, to the November
2025 ballot.
Pursuant to Section 7-156 of the City Code, any registered elector desiring to protest the proposed
ballot title or submission clause for this item, must file such protest with the City Clerk no later
than noon on Monday, September 1, 2025. The form and additional information on how to file a
protest is located at this link: fcgov.com/elections/ballot-title-protest.
Because this date falls on a holiday:
By Email: Protests may be emailed to cityclerk@fcgov.com by the noon deadline on September
1.
In Person: Protests intended for in-person delivery may be submitted by 5:00 p.m. on Friday,
August 29 or an appointment may be scheduled for the September 1 holiday by contacting 970-
221-6515 before 5:00 p.m. on August 29.
If a protest is filed, a hearing on the protest will be added to the agenda item and will take place
before City Council adopts the Resolution setting the ballot title and submission clause.
P) RESUMED PUBLIC COMMENT (if applicable)
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
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R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.
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File Attachments for Item:
PP 1. Declaring the Month of September 2025 as National Preparedness Month.
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PROCLAMATION
WHEREAS, September 2025 is recognized as “National Preparedness Month” and creates
an opportunity to raise awareness about the importance of emergency preparedness and to
encourage community members to take the time to understand local hazards, evaluate readiness,
create or update emergency preparedness plans, and begin developing or updating their emergency
preparedness kits; and
WHEREAS, investing in the preparedness of ourselves, our families, businesses, and
community can reduce losses and economic devastation in our community and in our nation; and
WHEREAS, National Preparedness Month creates an opportunity for every resident in the
City of Fort Collins to prepare their homes, businesses, and communities for any type of
emergency; and
WHEREAS, the Office of Emergency Preparedness and Security has developed a
comprehensive emergency preparedness program for the community, including the Fort Collins
Volunteer Response Team that encourages community members to volunteer or otherwise help
improve our community's resilience; and
WHEREAS, emergency preparedness is the responsibility of every resident and business
owner in the City of Fort Collins, and everyone is urged to make preparedness a priority and work
together as a team to ensure that individuals, families, and the community is prepared for disasters
and emergencies of any type.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby
proclaim the month of September, 2025, as
NATIONAL PREPAREDNESS MONTH
and encourage all residents and businesses to develop their own preparedness plan, and work
together toward creating a more prepared and resilient community.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 2nd day of September, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
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Item PP 1.
File Attachments for Item:
PP 2. Declaring the Month of September 2025 as Hunger Action Month.
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PROCLAMATION
WHEREAS, hunger and poverty are issues of vital concern in Larimer County where the Food Bank
provided services to more than 54,000 people, including nearly 16,000 children, in the last calendar year ; and
WHEREAS, everyone needs nutritious food to thrive, and the rate of people experiencing food
insecurity nationally is the highest in more than a decade — at nearly 50 million individuals, including
families, seniors, and children; and
WHEREAS, the city of Fort Collins is committed to taking steps to combat hunger in every part of
our community and to provide additional resources that those in Larimer County need; and
WHEREAS, the city of Fort Collins is committed to working with the Food Bank for Larimer
County, a partner in the Feeding America® nationwide network of food banks, in educating people about the
role and importance of food banks in addressing hunger and raising awareness of the need to devote more
resources and attention to hunger issues; and
WHEREAS, more than 54,000 individuals, including nearly 16,000 children, annually rely on food
provided by the Food Bank for Larimer County and its programs and partners; and
WHEREAS, the Food Bank for Larimer County distributes enough food for more than 10.5 million
meals annually through its network of food pantries, soup kitchens, shelters, and other community
organizations; and
WHEREAS, the month of September has been designated “Hunger Action Month” in order to bring
attention to food insecurity in our communities and to enlist the public in the movement to end hunger by
taking action – including volunteer shifts, social media shares, and donations – to ensure every community,
and everybody in it, has the food they need to thrive; and
WHEREAS, food banks across the country, including the Food Bank for Larimer County, will host
numerous events throughout the month of September to bring awareness and help end hunger in their local
community.
NOW, THEREFORE, I, Jeni Arndt, Mayor of the City of Fort Collins, do hereby proclaim the month
of September 2025 as
HUNGER ACTION MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this
2nd day of September, 2025.
_____________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 13
Item PP 2.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the August 12, 2025, Special Meeting
and August 19, 2025, Regular meeting.
The purpose of this item is to approve the minutes of the August 12, 2025, Special Meeting and
the August 19, 2025, Regular meeting.
Page 14
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the August 12, 2025, Special Meeting and August 19,
2025, Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the August 12, 2025, Special Meeting and the August
19, 2025, Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, August 12, 2025
2. Draft Minutes, August 19, 2025
Page 15
Item 1.
City of Fort Collins City Council Proceedings Page 315
August 12, 2025
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 5:00 PM
A) CALL MEETING TO ORDER
Mayor Jeni Arndt called the adjourned meeting to order at 5:00 p.m. in the City Council Chambers at
300 Laporte Avenue, Fort Collins, Colorado. Due to the nature of the meeting, hybrid participation via
the City’s Zoom platform was not offered.
B) 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
City Clerk Delynn Coldiron
C) ITEMS FOR DISCUSSION
1. Consideration of Motion for Executive Session Related to Federal Grants:
"I move that the City Council go into executive session, pursuant to:
- City Charter Article Two, Section Eleven
- City Code Section 2-31(a)(2), and
- Colorado Revised Statutes Section 24-6-402 subsection (4)(a) and (4)(b)
for the purposes of discussing with the City's attorneys and appropriate management staff:
- specific legal questions related to requirements and conditions for federal funding and/or the
manner in which particular City policies or practices or regulations may be affected by existing
or proposed provisions of federal or state law; and
- specific legal questions related to potential litigation involving the City and/or the manner in
which particular City policies or practices or regulations may be affected by requirements and
conditions for federal funding."
Mayor Pro Tem Francis made a motion, seconded by Councilmember Potyondy, to enter
into executive session, as permitted under Article Two, Section Eleven of the City Charter,
Section 2-31(a)(2) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(a)
and 4(b), for the purposes of discussing with the City's attorneys and appropriate
management staff:
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Item 1.
City of Fort Collins City Council Proceedings Page 316
- specific legal questions related to requirements and conditions for federal funding and/or
the manner in which particular City policies or practices or regulations may be affected by
existing or proposed provisions of federal or state law; and
- specific legal questions related to potential litigation involving the City and/or the manner
in which particular City policies or practices or regulations may be affected by
requirements and conditions for federal funding.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Ohlson and Pignataro.
Nays: None.
D) OTHER BUSINESS
None.
E) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 5:43 P.M.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 17
Item 1.
City of Fort Collins City Council Proceedings Page 317
August 19, 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
Sr. Deputy City Clerk Cecilia Good
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City of Fort Collins City Council Proceedings Page 318
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
Updated resolutions for Item Nos. 26 and 27.
Items 1-24 on the Consent Calendar are recommended for adoption.
Foothills Metro District public hearing on the service plan and related public benefits agreement
has been withdrawn by the applicant.
Three discussion items.
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.)
Sue Ballou stated she has spent 11 years volunteering regarding housing issues and commended the
builders of affordable housing in the community. She encouraged greater collaboration between the
affordable housing organizations and the City to help tackle housing issues.
Jeffrey Shumway requested Council take emergency action to stop all Permethrin/PBO blanket
mosquito spraying. He presented information from studies on the impacts spraying has on people,
pets, and the environment.
Joy Sullivan, United Way of Larimer County President/CEO, thanked Council for its work in evaluating
the community’s priorities. She urged Council to prioritize “needs” over “nice to haves” and allocate
more of the CCIP funding toward affordable housing.
Mara Johnson, Habitat for Humanity Chief Development Officer, stated the $10 million CCIP allocation
for housing falls short of community needs and requested a reallocation of all excess tax dollars from
the expiring CCIP, approximately $14 million, be dedicated to affordable housing.
Kelly Evans, Neighbor to Neighbor, stressed the need for government action to support affordable
housing, stating that her organization cannot keep up with the overwhelming need for affordable
housing units.
Melissa Abrams stated the Civic Assembly question should not be placed on the ballot and urged
Council to honor the community’s desire to designate the Hughes property as a natural area.
Linda Stanley, Yes to Natural Areas, discussed the history of the Natural Areas tax and spoke in
support of placing the permanent extension on the ballot. She thanked City staff for their work in
supporting natural areas in the community and the Clerk’s Office for their work reviewing the petition.
Ezriah Shteir cited Section 15-108 of the Municipal Code and raised concern that “No Soliciting” signs
posted by apartment complexes prevent individual tenants from making that decision independently.
Paul Patterson asked questions about the voter education document being developed by the City
Clerk’s Office, including how pro and con statements will be obtained and how competing ballot
measures will be explained.
Rorey King, United Way of Larimer County and One Voice for Housing Coalition, advocated for $25
million to be allocated from the upcoming CCIP and remaining CCIP funds to address affordable
housing needs. She stated one in four households in Larimer County are struggling to afford basic
needs and noted addressing housing is critical for taking care of the community.
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Rich Stave questioned whether the battery storage project referenced in Item No. 17 is a PRPA need
and inquired about the balance between usage and cost as well as about various sections of the lease
agreement. He also asked whether CSU would be responsible for paying taxes to the City per Item
No. 19. Additionally, he questioned who is collecting taxes on items sold at airport buildings and asked
how cost sharing arrangements would be handled with other entities per Item No. 22.
Carin Avila, Hughes for Everyone, expressed support for Ordinance No. 141, 2025. She thanked
Council for honoring the 2021 voter initiative and the Civic Assembly’s recommendations. She stated
the site offers a rare opportunity to create a collaborative space dedicated to parks, recreation, open
lands, natural areas, wildlife rehabilitation, and restoration.
Dannielle North-King expressed support for the Civic Assembly’s recommendations regarding the
Hughes property stating they reflect a strong community desire to live in a positive relationship with
the land. Additionally, the participants emphasized the need for Indigenous consultation.
Andre Joseph Dunn expressed concern that recent decisions about the Hughes property do not reflect
the Civic Assembly recommendations or meaningful tribal consultation. He urged the City to take time
to engage in proper consultation with Indigenous communities.
Mary (no last name given) requested that the City create an outlet for legalized graffiti stating she
currently does not have the ability to practice her art. She identified unsightly underpass areas that
would be ideal locations for a pilot program.
Patricia Babbitt referenced the previous evening’s mayoral forum noting that most candidates focused
on themselves rather than on substantive issues and that only one addressed how Fort Collins
decisions affect broader crises such as climate change. She urged Council to not add a ballot measure
that could confuse voters and to just allow the straightforward yes-or-no vote on designating the
Hughes property as a natural area.
John Gascoyne stated he was a representative on the 1992 petition for the Natural Areas Tax and
expressed his support for its extension.
Kimberly Conner urged Council to advocate for a ceasefire and arms embargo to support ending the
atrocities in Gaza.
Sid Phadke commented on the chronic nuisance property at the Fort Collins Mennonite Fellowship,
citing incidents of arson, weapons violations, and nuisance activity associated with the property, which
is currently under an abatement agreement. He urged the City to enforce the abatement agreement
and pursue stronger enforcement.
Adam Hirschhorn, Mayoral candidate, presented his vision for a resilience and sustainability campus
in North Fort Collins, including affordable housing, cooperative ownership, stormwater infrastructure,
green design, educational facilities, and more.
Ellie Sooter encouraged Council to prioritize funding for a large bike park, stating it would build skills
and provide a safe space for youth.
Mac Sooter expressed support for the bike park, noting Fort Collins lacks a large bike facility.
Poppy Sooter stated a bike park would provide a safe space to ride and build skills away from traffic.
Andrea Sooter urged Council to keep the full proposed 35 acres and funding for a bike park at the
Hughes site. She stated shrinking the acreage would limit its impact on the community. The bike park
will be a safe, positive space for children and adults alike.
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Item 1.
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Kevin Krause thanked Council for listening to all the voices in the community and requested that
Council honor the Civic Assembly recommendation to retain 35 acres of the Hughes property for a
bike park, stating it is the right scale for the community.
Ethan Billingsley expressed support for the bike park and commented on its educational and
environmental benefits.
June Porter said there have been efforts to construct a bike park since 2011 and emphasized the
benefit of safety and year-round access for youth.
Michelle Hastings spoke in support of the 35-acre bike park and commented on the benefits for
children and families.
Brad Piepenbrink called the bike park a “crown jewel” project that will have a strong return on
investment.
Krista Piepenbrink expressed support for the bike park as part of Fort Collins’ world-class biking
infrastructure, stressing the need for local facilities to avoid traveling to other towns.
Patterson Hastings stated biking is fun and healthy, and he prefers it over screen time.
Asad Aziz commented on safety issues near Library Park and Oak Street, including assaults and
disturbances. He requested stronger enforcement and asked for further discussion on the availability
of Code Compliance Officers due to their current schedule.
Terri Clark shared her personal story of acquiring affordable housing through Habitat for Humanity and
urged Council to increase the CCIP housing allocation to $25 million.
Forrest Merithew spoke in support of the bike park, noting that psychological studies show activities
such as rock climbing and mountain biking promote both physical and mental skills development. He
emphasized the positive impact of physical activities on cognitive growth and well-being across all
ages and added that it also includes emotional growth with gaining confidence through skills
development.
Public comment concluded at 7:10 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Potyondy thanked the speakers, particularly the youth who attended the meeting.
She asked the City Clerk to provide an update on the City Clerk’s voter guide. City Clerk Coldiron
replied it is currently in development and will include pro and con statements. She stated she would
welcome feedback from the community and encouraged people to send emails with pros and cons for
the upcoming ballot items. She noted the language will be sent to the citizens who have initiatives,
giving them a chance to weigh in, and added that staff are working with the City Attorney’s Office and
outside counsel to prepare the factual summaries.
Mayor Pro Tem Francis requested a follow-up memo on enforcement related to the Mennonite
Fellowship building. City Manager DiMartino replied staff will provide a memo to help explain the
extent of the enforcement work.
Councilmember Canonico requested follow-up information on mosquito spraying. Matt Parker,
Ecological Stewardship Manager, explained that this has been a challenging year for addressing West
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Nile Virus and noted needs change over time. He concurred that toxicity is a concern, but noted they
are diligent in how pesticides are used in terms of application timing and environmental impacts.
Councilmember Gutowsky expressed concern about organic gardens and businesses selling their
products. Parker stated there are opt-out options for those who have health or business impacts due
to the spraying.
Councilmember Canonico requested follow-up on the no solicitation issue.
Councilmember Pignataro addressed comments regarding the Mennonite Fellowship property.
Assistant City Manager Rupa Venkatesh replied staff has been working with neighbors and the
property owners for quite some time. She confirmed the site is a chronic public nuisance property and
it is currently under an abatement agreement. She stated there have been improvements per Police
Services and Code Compliance; however, there are still ongoing issues. She stated work is being
done to investigate alleged violations to determine what enforcement actions can be taken.
Councilmember Pignataro noted residents could call the police non-emergency line to report
suspected illegal activity.
Councilmember Ohlson stated code enforcement has been too lenient on problem properties and
called for a firmer approach. He also stated current mosquito spraying methods are outdated and
encouraged Council to consider changes in the future.
Councilmember Gutowsky reminded the public that the Natural Areas tax is a continuation of an
existing tax, not a new tax, and the purpose is to care for the community’s Natural Areas in perpetuity.
She also commended the idea of using underpasses for graffiti or other artwork and described a similar
idea executed in another city. Additionally, she commented on Council’s silence regarding Gaza,
explaining that Council works as a group but that each person has their own thoughts on issues.
Mayor Arndt clarified that 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, is a good news item that will support a clean energy future.
She also explained that the City has an intergovernmental agreement with Loveland for the airport, as
it is jointly owned, and only existing funds are being used per Item No. 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.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
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.
Approved.
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.
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Item 1.
August 19, 2025
City of Fort Collins City Council Proceedings Page 322
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
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Item 1.
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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.
Both Ordinances Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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Item 1.
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City of Fort Collins City Council Proceedings Page 324
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.
Adopted on First Reading.
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.
Adopted on First Reading.
12. First Reading of 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.
Adopted on First Reading.
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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.
Adopted on First Reading.
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.
Adopted on First Reading.
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.
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Adopted on First Reading.
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.
Adopted on First Reading.
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.
Adopted on First Reading.
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).
Adopted on First Reading.
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.
Both Ordinances Adopted on First Reading.
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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.
Adopted on First Reading.
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.
Adopted on First Reading.
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.
Resolution Adopted.
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Item 1.
August 19, 2025
City of Fort Collins City Council Proceedings Page 328
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.
Resolution Adopted.
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.
Resolution Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to approve the
recommended actions on items 1-24 on the Consent Calendar.
Councilmember Potyondy commented on Item No. 24, Resolution 2025-076 Making Appointments to
the Youth Advisory Board, and commended the applicants and new appointees.
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.)
Mayor Pro Tem Francis requested a follow-up memo regarding Item No. 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, prior to Second Reading.
Councilmember Ohlson commented on Item No. 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, noting the item is going through the
SPAR process. He stated he hopes all involved give close attention to the foothills Night Skies.
Additionally, he requested a follow-up regarding Item No. 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, in terms of why eminent domain is being used by the
City as the developer could not acquire the land at a certain price.
L) STAFF REPORTS
M) COUNCILMEMBER REPORTS
Councilmember Tricia Canonico
Thanked Parks and Energy staff at the East Park facility for the tour.
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Item 1.
August 19, 2025
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Councilmember Melanie Potyondy
Attended Fort Collins Comic Con.
Met a family whose daughter had emailed her about NBA jerseys being used for the youth
girls’ basketball league. She requested WNBA teams be used for the girls’ teams.
Councilmember Kelly Ohlson
Attended seven Neighborhood Night Out events over four nights – people in District 5
commended increased speed and red-light enforcement, commended Natural Areas and
desire more, and opposed CSU’s plan for LED billboards.
Councilmember Susan Gutowsky
Attended seven Neighborhood Night Out events – enjoyed seeing pride in neighborhoods.
Attended Fort Collins Comic Con – Fort Collins Symphony performed.
Attended the Heartside Hill grand opening.
Mayor Jeni Arndt
Tour de Fat is this weekend.
CSU students are returning – be aware of additional traffic.
Clerk’s Note: Mayor Arndt called for a break at this point in the meeting.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
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.
STAFF PRESENTATION
Assistant City Manager Rupa Venkatesh stated Council will be considering an ordinance to adopt
a conceptual framework for the use and management of the Hughes site. She outlined the Civic
Assembly process and recommendations which highlighted a multi-use property and Indigenous
consultation. She noted the draft ordinance language was put together based on Council
feedback from two previous work sessions and involves Natural Areas and Parks managing
portions of the property.
PUBLIC PARTICIPATION
Rich Stave stated the intent of the 2021 vote was to have the City purchase the property rather
than allow CSU to build housing on the site. He supported the Civic Assembly process and
allowing voters to determine the specified use of the Hughes property.
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Item 1.
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Kathryn Dubiel thanked the community volunteers who spent over 60 days speaking to citizens
about the opportunity to establish Hughes as a 100% Natural Area, ultimately to be decided by
the voters. She also thanked the Clerk’s Office for their work on reviewing the petition. She
discussed the Civic Assembly ballot initiative and requested clarification on the timeline for
protesting the ballot language, which would normally be Monday, September 1st, though that is a
holiday. She asked about how the conflicting initiatives will be presented on the ballot so voters
can differentiate between them.
Jane Hamburger explained her reconciliation with her ancestors’ western points of view of how to
treat and own the earth with the Indigenous or spiritual perspective of the spaces and inhabitants
of the natural environment. She urged people to slow down and build a respectful relationship in
consultation with Indigenous groups.
Adam Hirschhorn stated it is important to view things through many lenses regarding the
environment. He compared the management of the West Nile Virus to managing the Hughes site.
COUNCIL QUESTIONS/DISCUSSION
Councilmember Pignataro expressed support for sending this item to the ballot and commented
on the Civic Assembly process. She asked about the language related to the intent to garner
Indigenous input.
Councilmember Ohlson asked about the language in the Ordinance. Assistant City Manager
Venkatesh noted there would be a requirement that the site is developed using the City’s
development review process and is in compliance with all current standards, including lighting.
Councilmember Ohlson requested wildlife conservation and wildlife rescue and rehabilitation be
added prior to Second Reading, and that the Natural Areas portion be a minimum of 60 acres
instead of not to exceed 60 acres. Katie Donahue, Natural Areas Director, replied there was more
discussion about limiting the acreage for bike park features and parallel language was used for
each of the other pieces. City Attorney Daggett noted the language would need to change for the
acreage to be able to be increased above 60.
Councilmember Ohlson stated he is not advocating for additional acreage, but would like the
language to be less constrictive. He asked why the trail language did not include ‘soft trail system.’
Donahue replied it was being left open for the site planning process and noted there would likely
be a combination of both paved and soft surface trails if the Civic Assembly proposal was to be
implemented.
Councilmember Potyondy stated she would support placing this item on the ballot and asked what
would occur if both Hughes ballot questions pass. City Attorney Daggett replied the Charter
language states that the item with the most affirmative votes prevails.
Mayor Pro Tem Francis stated the language attempts to stay true to the Civic Assembly
recommendation and questioned whether adding ‘conservation and rescue’ would change that
recommendation. Assistant City Manager Venkatesh replied the multi-use recommendation that
received 89% of the support does include conservation/education features, and another super
majority recommendation includes wildlife rehabilitation.
Mayor Pro Tem Francis noted there are three components that include ‘not to exceed’ acreage
language: Natural Areas, environmental education, and the bike park.
Council discussed the acreage breakout for the multiple uses of the Hughes property.
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Councilmember Canonico suggested using ‘anticipated’ rather than ‘not to exceed’ as related to
acreage.
Councilmember Gutowsky noted over 65% of voters passed the ballot measure to designate the
property as an open space in 2021. She commended the Civic Assembly process but noted there
was no super majority support for a bike park. She suggested amending the recommendations
to only include the items that received a super majority of votes prior to Second Reading.
Ginny Sawyer, Lead Policy and Project Manager, discussed the acreage recommendations.
Councilmember Potyondy asked if the 60-acre Natural Areas piece was informed by a review of
the property and which proportion seemed most in line with Natural Areas expectations. Donahue
replied staff provided the Civic Assembly with a high-level overview of the site broken into
quadrants and noted that the western side of the property had the most matching characteristics
to the habitat in the Maxwell Natural Area. She stated there are no hard and fast lines between
uses and stated there would likely be a great deal of interaction between Parks and Natural Areas
for the site design.
Councilmember Potyondy noted that part of the reason this discussion is occurring is due to
having ambiguous language on the original ballot measure; therefore, having as little ambiguity
as possible in this ballot language will be valuable for voters.
Mayor Arndt expressed support for the ballot language as written.
Councilmember Pignataro noted 19 of the 20 Civic Assembly representatives included a bike park
in their maps; however, the way in which the questions were ordered was confusing and the
representatives verbally stated their intent to include the bike park. Mayor Arndt concurred.
Councilmember Ohlson stated he does not believe the Hughes property is an appropriate location
for a bike park given potential negative environmental impacts; however, he stated he appreciates
getting some of the other language inclusions he requested. He suggested the impacts of the
bike park on neighboring uses could be diminished with good berming, landscaping, and
buffering, and stated that work would help assuage his concerns with the 35 acres for bike park
features.
Councilmember Canonico thanked those who have put so much energy into this proposal and
stated it is appropriate for the item to go to voters.
Mayor Pro Tem Francis stated she would support the item and thanked those who participated in
the Civic Assembly process.
Councilmember Gutowsky requested clarification as to whether the 35 acres would include
parking. Assistant City Manager Venkatesh replied the 35 acres is dedicated to bike park features
and would not include parking.
Councilmember Gutowsky expressed concern about the extent of the bike park noting it will likely
end up being a regional draw, and given the property’s location extremely far from the interstate,
traffic will increase on the main east-west roadways. She expressed concern about those impacts
on traffic and the environment. She also noted other regional bike parks are not contiguous to
natural areas and stated the feasibility study listed a number of other possible locations for a bike
park. She suggested other locations should be explored prior to automatically placing it at the
Hughes site and stated she cannot support this item with the inclusion of the bike park.
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Mayor Arndt thanked the Civic Assembly participants and other members of the public who were
engaged.
Councilmember Potyondy commended the work of staff on the Civic Assembly.
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
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, on First Reading, amending section F to add conservation, with a
friendly amendment from Councilmember Ohlson to expressly state “wildlife” before
conservation.
The motion carried 6-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Ohlson,
Pignataro, and Potyondy.
Nays: Councilmember Gutowsky.
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.
This item has been amended to include August 18, 2025 versions of Resolution 2025-077.
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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Item 1.
August 19, 2025
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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.
STAFF PRESENTATION
Ginny Sawyer, Lead Policy and Project Manager, discussed the history of projects completed as
part of previous capital improvement tax packages. She noted the goal of the package is to
include input from asset and management plans, advance Council priorities, and provide
opportunities and amenities that appeal to everyone in the community.
Joe Wimmer, Utilities Finance Director, provided the list of the 18 projects and capital programs
to be funded over the ten years of the tax. He noted the major change since the last work session
was the addition of the composting infrastructure project for $7 million, which resulted in two
projects being scaled: the historic trolley building renovation and the downtown Parks shop. He
noted the anticipated tax revenue over the ten years will be $110 million, and the package total is
at $102.7 million to plan for inflation.
PUBLIC PARTICIPATION
Joe Rowan questioned why Council is deciding on this package this evening while it will be
discussing community priorities at next week’s work session. Additionally, he stated long-term
maintenance has been left out of budgets for asset acquisition. He commented on housing being
the fundamental challenge to address in the community and stated that is not reflected in this
package.
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Item 1.
August 19, 2025
City of Fort Collins City Council Proceedings Page 334
Samantha Stegner supported additional funding for affordable housing, particularly as it applies
to making mobile home parks resident owned.
Rich Stave discussed overflow parking issues at an affordable housing complex near his
residence and commented on the increase in taxes.
COUNCIL QUESTIONS/DISCUSSION
Councilmember Potyondy requested staff input regarding the unspent CCIP funds from the
existing tax package. Sawyer replied Council has discussed using $12 million of those funds for
the Southeast Community Center. She also stated the remaining funds on the existing tax should
not necessarily impact the decision on this ordinance or referral. She noted any unspent CCIP
dollars will be allocated at a future date by Council determination.
Councilmember Pignataro asked what changes have been put in place to help better support
housing in the package. Sawyer replied there was a shift away from the idea of bonding to keep
from having to make debt payments. Additionally, there have been conversations about how the
money can be rolled out in specific amounts; however, the $10 million for housing has not been
increased given the goal of not making this a housing tax.
City Manager DiMartino noted $2-3 million of the excess existing CCIP tax dollars could be put
toward housing per Council’s decision.
Councilmember Gutowsky commended Ms. Stenger’s suggestion about using the dollars for
mobile home park purchasing and requested additional input regarding specific proposals for the
affordable housing dollars. Wimmer replied some tools from the last ten years of the affordable
housing dollars are being carried forward, and they primarily went toward fee waivers and direct
equity investments into projects to quicken timelines. The next iteration of the tax contemplates
adding another tool of low-interest loans to developers.
Mayor Pro Tem Francis noted this is a tax extension, not a new tax, and stated that while additional
funds are needed for affordable housing, this is not a housing tax but a capital improvement tax.
She stated the community needs to think more intentionally and creatively about how to fund
needed affordable housing.
Mayor Arndt stated this process has involved a great deal of public involvement and outreach and
she will support its placement on the ballot.
Councilmember Canonico supported ongoing conversations around support of affordable housing
in the community. She expressed support for the proposed tax package and commented on the
importance of partnerships with the School District and Library District for the Southeast
Community Center.
Councilmember Pignataro stated she would support the placement of this item on the ballot.
Councilmember Gutowksy commended the community engagement efforts and stated she would
support the placement of the item on the ballot.
Councilmember Ohlson thanked the management team and staff who worked on the package
and commended the Council changes. Additionally, he stated there is more to come on affordable
housing funding in the near future. He stated he would like this Council or a future Council to
solidify the 80/20 split related to recreation centers and pools. City Manager DiMartino replied
staff would follow up with additional information.
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Item 1.
August 19, 2025
City of Fort Collins City Council Proceedings Page 335
Mayor Pro Tem Francis moved, seconded by Councilmember Canonico, to adopt
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 motion carried 7-0.
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.
This item has been amended to include August 18, 2025 versions of Resolution 2025-078.
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.
**Clerk’s Note: Councilmember Ohlson withdrew from the discussion of this item as he was a
petition gatherer, and his wife is leading the effort.
STAFF PRESENTATION
City Clerk Delynn Coldiron stated this item is a citizen-initiated effort related to the extension of
the ¼ cent Natural Areas sales tax. She noted no protests were received on the ballot title or
language and stated the Charter requires this item must be referred to the ballot as it is a tax
initiative. She provided the proposed ballot language which was recently revised to limit the
number of words to 250.
PUBLIC PARTICIPATION
Ross Cunniff, chair of the Land Conservation and Stewardship Board, stated the Board
recommends placing this issue on the ballot and stated continued funding of Natural Areas in
perpetuity is necessary to maintain the character of Fort Collins.
Rich Stave expressed concern about the lack of expiration on the tax and stated the majority of
Fort Collins residents cannot access many Natural Areas as part of their normal routine.
Councilmember Gutowsky stated she would support the placement of this item on the ballot and
commented on the fact that the number of signatures gathered exceeded what was required.
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Item 1.
August 19, 2025
City of Fort Collins City Council Proceedings Page 336
Councilmember Potyondy stated the community has repeatedly expressed support for Natural
Areas and commented on the value of obtaining and maintaining Natural Areas properties.
Mayor Arndt commended the citizens working with the Natural Areas Department given the tax
perpetuity.
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to adopt
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 motion carried 6-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Gutowsky,
Pignataro, and Potyondy.
Recuse: Councilmember Ohlson.
P) RESUMED PUBLIC COMMENT
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 9:25 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 37
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 127, 2025, Appropriating Unanticipated
Philanthropic Revenue Received Through City Give for Various Programs and Services
as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends 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 38
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Emily Land, Director of Philanthropy & Strategic Partnerships
SUBJECT
Second Reading of Ordinance No. 127, 2025, Appropriating Unanticipated Philanthropic Revenue
Received Through City Give for Various Programs and Services as Designated by the Donors.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends 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 Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations 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 39
Item 2.
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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 127, 2025
Page 40
Item 2.
-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 41
Item 2.
-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 42
Item 2.
File Attachments for Item:
3. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, requests 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 43
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 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
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, requests 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 Second Reading.
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
Page 44
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
been on top of the water line, which is consistent with native backfill material directly in contact with ductile
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 Finance Committee
recommended Council to approve the $3,432,000 supplemental appropriation.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 128, 2025
Page 45
Item 3.
- 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 46
Item 3.
- 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 47
Item 3.
- 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 48
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 129, 2025, Appropriating Prior Year Reserves in the
Wastewater Utility Fund for the Blower Replacement Project and Related Art in Public
Places.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, requests 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 49
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jeremy Woolf, Senior Director, Water Operations
Christina Schroeder, Director, Plant Operations
Joe Wimmer, Director, Utilities Finance
SUBJECT
Second Reading of 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, requests 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 Second Reading.
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
Page 50
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
through 60 percent design. Considering total project costs for design and construction of both new Turbo
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 follows: $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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 129, 2025
Page 51
Item 4.
- 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 52
Item 4.
- 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
Page 53
Item 4.
- 3 -
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
Page 54
Item 4.
File Attachments for Item:
5. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, supports 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.
Page 55
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jason Lang, Detective
Carisa Clinton, Senior Grants Analyst
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, supports 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 Second Reading.
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.
Page 56
Item 5.
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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 130, 2025
Page 57
Item 5.
-1-
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
Page 58
Item 5.
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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 59
Item 5.
File Attachments for Item:
6. Second Reading of Ordinance No. 131, 2025, Making Supplemental Appropriations of
Grant Funds From Colorado Parks and Wildlife for the Soapstone Prairie Headwaters
Restoration Project.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, supports 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.
Page 60
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Bernadette Kuhn, Senior Environmental Planner
Carisa Clinton, Senior Grants Analyst
SUBJECT
Second Reading of Ordinance No. 131, 2025, Making Supplemental Appropriations of Grant Funds
From Colorado Parks and Wildlife for the Soapstone Prairie Headwaters Restoration Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on August 19, 2025, supports 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 Second Reading.
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Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
FIRST READING 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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 131, 2025
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Item 6.
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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
Page 63
Item 6.
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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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Item 6.
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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 65
Item 6.
File Attachments for Item:
7. Second 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 .
This Ordinance, unanimously adopted on First Reading on August 19, 2025, appropriates
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 66
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Dillon Willett, Project Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, appropriates 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 Second Reading.
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
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Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
connect the Power Trail to local trail networks and residential communities in southeast Fort Collins. The
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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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
Page 69
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
ATTACHMENTS
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 132, 2025
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Item 7.
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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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Item 7.
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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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Item 7.
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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 74
Item 7.
File Attachments for Item:
8. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, appropriates
$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 75
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
LeAnn Williams, Director, Recreation
Brian Hergott, Assistant Operations Director
Victoria Shaw, Sr. Manager Finance
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, appropriates $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 Second Reading.
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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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
2. Alternate 02 – Temporary Cooling - $180,000
a. Ice will be offline for two months (May and June)
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
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
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
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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City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 133, 2025
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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 8.
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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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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 8.
File Attachments for Item:
9. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, approves 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.
Page 83
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Ralph Campano, Real Estate Manager
Travis Walker, Light & Power Director
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, approves 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.
STAFF RECOMMENDATION
Staff recommend adoption of the Ordinance on Second Reading.
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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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No.134, 2025
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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 twent y (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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(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 9.
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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 9.
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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EXHIBIT A TO ORDINANCE NO. 134, 2025
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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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Item 9.
EXHIBIT A TO ORDINANCE NO. 134, 2025
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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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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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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 9.
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 9.
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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Item 9.
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
Page 108
Item 9.
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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Item 9.
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.
Page 110
Item 9.
Exhibit A
Legal Description of Landlord’s Property
Overland Substation Site- Fort Collins
Page 111
Item 9.
Exhibit B
Depiction of Leased Premises
Overland Substation Site – 401 S. Overland Trail
Page 112
Item 9.
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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Item 9.
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]
Page 114
Item 9.
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: ________________________________
Page 115
Item 9.
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 #:
Page 116
Item 9.
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Exhibit A to Memorandum of Lease
Property Leased
Overland Substation, Fort Collins
Page 117
Item 9.
File Attachments for Item:
10. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, authorizes the use
of eminent domain to acquire right-of-way needed for constructing the Cordova Road – North of
Duff Drive project (Project).
Page 118
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Marc Virata, Project Manager
Dana Hornkohl, Capital Projects Manager
Ralph Campano, Real Estate Manager
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, authorizes 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 Second Reading.
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 10.
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 $726,564
composed of funds appropriated with prior actions. The development contribution PIL is subject to APP
program transfers that were completed with prior appropriation.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Planning Commission approved the Landing at Lemay PDP on September 21, 2023, depicting the
dedication and construction of Cordova Road.
PUBLIC OUTREACH
The Landing at Lemay PDP had a neighborhood meeting on October 4, 2021, and was subject to the
standard notice to owners of record within 800-feet of the development as prescribed in the Land Use
Code.
ATTACHMENTS
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 135, 2025
Development Contributions 726,564$
TOTAL PRIOR APPROPRIATIONS 726,564$
Prior Appropriated Funds
Page 120
Item 10.
-1-
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 121
Item 10.
-2-
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.
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Item 10.
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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: Heather N. Jarvis
Exhibit: Exhibit A - Description of Real Property
Page 123
Item 10.
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 124
Item 10.
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 125
Item 10.
File Attachments for Item:
11. Items Relating to Amendments and Updates to Tax Provisions in City Code.
A. Second Reading of Ordinance No. 136, 2025, Amending Article III of Chapter 3 of the Code
of Fort Collins Relating to Liquor Occupation Tax.
B. Second 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. Second Reading of Ordinance No. 138, 2025, 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.
These Ordinances, unanimously adopted on First Reading on August 19, 2025, 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.
The changes to the second reading of Ordinance No. 137, 2025 (found at the top of page
14 of the ordinance) remove an outdated statutory reference in Code Sec. 25-216 (Review
of decisions of Financial Officer) by deleting the citation in that Section to Colorado
Revised Statutes (C.R.S.) § 29-2-106., which was updated and relocated to C.R.S. § 29-2-
203 in the omnibus 2024 housekeeping legislation, Senate Bill 24-025 (SB24-025). SB24-
025 revised, modernized, and harmonized separate state statutes pertaining to sales and
use tax administration.
Page 126
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
September 2, 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. Second Reading of Ordinance No. 136, 2025, Amending Article III of Chapter 3 of the Code of Fort
Collins Relating to Liquor Occupation Tax.
B. Second 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. Second Reading of Ordinance No. 138, 2025, 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.
These Ordinances, unanimously adopted on First Reading on August 19, 2025, 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.
The changes to the second reading of Ordinance No. 137, 2025 (found at the top of page 14 of the
ordinance) remove an outdated statutory reference in Code Sec. 25-216 (Review of decisions of
Financial Officer) by deleting the citation in that Section to Colorado Revised Statutes (C.R.S.) §
29-2-106., which was updated and relocated to C.R.S. § 29-2-203 in the omnibus 2024 housekeeping
legislation, Senate Bill 24-025 (SB24-025). SB24-025 revised, modernized, and harmonized
separate state statutes pertaining to sales and use tax administration.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
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”
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
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.
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 not
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
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Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
sufficient time for contractors and owners to complete and submit their project cost report, after which
penalties and interest will be applied.
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), 25-216, 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.
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Item 11.
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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 136, 2025
2. Ordinance No. 137, 2025
3. Ordinance No. 138, 2025
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Item 11.
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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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Item 11.
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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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Item 11.
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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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Item 11.
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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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Item 11.
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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 April 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 necessa ry 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 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:
. . .
(2) A twenty-five one-hundredths (0.25) percent tax that expires at midnight on
December 31, 2045, 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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Item 11.
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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 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 they deem 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 remitted 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 separated
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 issuance 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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Item 11.
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prescribed by the Financial Officer, which amount shall be collected by the 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 f ixtures, minerals or any other construction materials and supplies or
tangible personal property for such work and 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 certified by the
State Department of Revenue, pursuant to C.R.S. § 39-26-105.3, 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 C.R.S. § 39-26-105.3, 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 above, 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 acc rued 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 refu nd 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 prescribed and furnished
by the Financial Officer;
. . .
(4) Hearing. An applicant whose application for a refund has been denied ma y,
within 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
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make such order in the matter as they deem 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 pol itical
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 t o 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.
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 thirty (30) days after written notice of
determination, assessment and 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 th e tax, then there shall be added a
penalty of one hundred (100) percent of the deficiency and in such case, the amount of
the deficiency, the penalty and interest calculated as stated above shall be due and
payable by the taxpayer within 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
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of determination, assessment and demand for payment issued under this Section 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 he rein.
(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 consent to the extension of the period of limitation upon the City's right to
recover amounts 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 consents 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 compl ete
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 t axpayer's
request for a coordinated audit. The Financial Officer shall then cooperate with other
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.
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(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 to minimize the number of auditors who 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 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 City, 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 thirty (30) days from the date the notice is mailed.
(c) The Financial Officer may, 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
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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 shall be due and payable thirty (30) days from the
date such notice is mailed. If as a result of the aud it 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 an appeal petition in writing to the Financial Officer within thirty
(30) days from the date the notice of determination, assessment and demand for payment
is mailed to the taxpayer. A written petition must be submitted under oath by the taxpayer
or the taxpayer’s authorized representative and must include: the name, mailing address,
phone number, electronic mail address, and sales and use tax license number of the
taxpayer; the amount of tax and 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. 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 ma tter 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 of the hearing. The hearing is informal and
may be conducted in person or remotely, pursuant to § 25-220 of this Article. After such
hearing, or after a consideration of the documents if no hearing is requested, the Financial
Officer will provide a decision in writing on the matter as they deem just and proper and
must provide a copy of that decision to the taxpayer by first class or certified mail or by
email.
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.
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. . .
(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 the 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:
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 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 this 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 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.
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Item 11.
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(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 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 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;
. . .
(4) Immediately upon making a jeopardy assessment or issuing a demand for
payment upon jeopardy assessment as provide d 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 Financial 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 collection of the tax will be
jeopardized.
(c) The procedures to be followed in issuing and executing a warrant pursuant to
Subsection (b) of this Section shall comply with the Colorado Municipal Court Rules of
Procedure, Rule 241(c) and (d).
. . .
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Item 11.
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(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 colle ction
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 ma nner 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 Off icer'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:
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 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 District 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
Page 145
Item 11.
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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.
Hearings before the Financial Officer may 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.
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 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 146
Item 11.
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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 147
Item 11.
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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 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 retaine d in the files of
Financial Services together with the Financial Officer's opinion.
. . .
Page 148
Item 11.
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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 149
Item 11.
File Attachments for Item:
12. Second 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 .
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends
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 150
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Sales Tax & Revenue Director
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends 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 Second Reading.
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 151
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 139, 2025
Page 152
Item 12.
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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 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 December 31st of that year.
Page 153
Item 12.
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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 154
Item 12.
File Attachments for Item:
13. Second 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.
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends
amendments and updates to the City’s regulation of door-to-door solicitors.
Page 155
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jennifer Poznanovic, Sales Tax & Revenue Director
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on August 19, 2025, recommends amendments
and updates to the City’s regulation of door-to-door solicitors.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
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 156
Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 140, 2025
Page 157
Item 13.
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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 158
Item 13.
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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 Division;
. . .
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 their 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 their residence, without prior specific invitation by or appointment with the
resident, for the primary purpose of:
. . .
Page 159
Item 13.
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Sec. 15-109. No-solicitation list for commercial solicitations.
(a) Any owner or lawful occupant of any residence within the City who wishes to
prohibit door-to-door commercial solicitation at 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 required for all commercial solicitors.
. . .
(b) All permits shall be issued in the name of the applicant. 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
(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;
(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, unless the Financial Officer determines that the permit application is denied under
the criteria stated in § 15-115.
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;
Page 160
Item 13.
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(3) A brief explanation of the nature of the solicitation activity that requires a
permit under this Division;
(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 t he
state;
(5) Proof that the applicant has obtained a valid City sales and use tax license;
(6) Any other information determined to be relevant by the Financial Officer.
(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.
Sec. 15-112. Duration of permit; renewal.
. . .
(b) Any 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.
If a permit holder fails to apply for such renewal within said thirty (30)-day period of time,
the permit will expire. The nonrefundable renewal fee for each 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.
. . .
Sec. 15-114. Reserved
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.
. . .
Sec. 15-117. Reserved
Page 161
Item 13.
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. . .
Sec. 15-120. Reserved
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 permit holder within twenty (20) calendar days after the date of the mailing
of such notice, the Financial Officer may suspend and revoke the permit of any permit
holder or if the permit holder or its commercial solicitors 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 for the suspension or revocation of the
permit is the subject of a pending criminal or non-traffic civil citation, the Financial Officer
may either defer 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 permit.
(a) If reasonable grounds exist to believe that the permit holder or its commercial
solicitors 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 pending the outcome of the proceedings set forth in §
15-120 or § 15-121 above, as applicable.
(b) The temporary suspension of a permit without notice pending a hearing shall be
for a period not to exceed fifteen (15) days.
Page 162
Item 13.
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Sec. 15-123. Reserved
Sec. 15-124. Reserved
Sec. 15-125. Reserved
Sec. 15-126. Appeal.
An applicant may appeal any decision relating to 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 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 issued under this Division,
any applicant, 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.
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 163
Item 13.
File Attachments for Item:
14. First Reading of Ordinance No. 142, 2025, Appropriating Philanthropic Revenue
Received through City Give for The Gardens on Spring Creek as Designated by the
Donor.
The purpose of this item is to appropriate $326,351 in philanthropic revenue received through
City Give to benefit the Gardens on Spring Creek (the “Gardens”). These estate gifts to the
Gardens align with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriation of charitable gifts.
Page 164
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Emily Land, Director of Philanthropy & Strategic Partnerships
SUBJECT
First Reading of Ordinance No. 142, 2025, Appropriating Philanthropic Revenue Received through
City Give for The Gardens on Spring Creek as Designated by the Donor.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $326,351 in philanthropic revenue received through City Give to
benefit the Gardens on Spring Creek (the “Gardens”). These estate gifts to the Gardens align with both the
City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriation of charitable gifts.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts; each appreciated for
its investment in the mission and the range of services the City strives to deliver.
As acknowledged by Section 2.5 of the City's Fiscal Management Policy 2-revenue, approved by City
Council, the City Manager has adopted the Philanthropic Governance Policy to provide for the responsible
and efficient management of charitable donations to the City.
This item appropriates $326,351 from the estate of John Ardary received through City Give. The donor’s
estate bequest directed the City to use this generous donation for the benefit of the Gardens.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $326,351 in unanticipated philanthropic revenue received through City Give
for the Gardens.
Page 165
Item 14.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The donations shall be expended from the designated fund solely for the donor’s directed intent. The funds
have been received and accepted per City Give Administrative and Financial Policy.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 142, 2025
Page 166
Item 14.
ORDINANCE NO. 142, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED
THROUGH CITY GIVE FOR THE GARDENS ON SPRING CREEK
AS DESIGNATED BY THE DONOR
A. The City of Fort Collins has long been the beneficiary of local philanthropy.
Generosity is demonstrated in both large and modest gifts, each appreciated for its
investment in the mission and the range of services the City strives to deliver.
B. The City has received a philanthropic gift of $326,351 that requires
appropriation by City Council. This gift came from the estate of John Ardary with the
designation that it benefit The Gardens on Spring Creek.
C. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting a municipal botanical
garden.
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 Cultural Services and Facilities Fund and that this appropriation
will not cause the total amount appropriated in the Cultural Services and Facilities Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
F. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at t he 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.
G. The City Council wishes to designate the appropriation herein for the Estate
of John Ardary City Give Donation as an appropriation that shall not lapse until the earlier
of the expiration of the grant (or donation) or the City’s expenditure of all funds received
from such grant (or donation).
Page 167
Item 14.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
Cultural Services and Facilities Fund the sum of THREE HUNDRED TWENTY-SIX
THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS ($326,351) to be expended in
the Cultural Services and Facilities Fund for The Gardens on Spring Creek.
Section 2. The appropriation herein for the Estate of John Ardary City Give
Donation is hereby designated, as authorized in Article V, Section 11 of the City Charter,
as an appropriation that shall not lapse at the end of this fiscal year but continue until the
earlier of the expiration of the grant (or donation) or the City’s expenditure of all funds
received from such grant (or donation).
Introduced, considered favorably on first reading on September 2, 2025, and
approved on second reading for final passage on September 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: September 26, 2025
Approving Attorney: Ted Hewitt
Exhibit: None
Page 168
Item 14.
File Attachments for Item:
15. First Reading of Ordinance No. 143, 2025, Vacating a Portion of the Right-of-Way of
Giddings Road.
The purpose of this item is to vacate a portion of the public right-of-way (ROW) at Giddings
Road between Mountain Vista Drive and Richards Lake Road. The outside 8-ft of ROW on
either side of the existing road can be vacated, and the road will still meet the minimum Larimer
County Urban Area Street Standards for a 2-lane arterial street.
Page 169
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Tim Dinger, Civil Engineer III, Engineering Development Review
SUBJECT
First Reading of Ordinance No. 143, 2025, Vacating a Portion of the Right-of-Way of Giddings Road.
EXECUTIVE SUMMARY
The purpose of this item is to vacate a portion of the public right-of-way (ROW) at Giddings Road between
Mountain Vista Drive and Richards Lake Road. The outside 8-ft of ROW on either side of the existing road
can be vacated, and the road will still meet the minimum Larimer County Urban Area Street Standards for
a 2-lane arterial street.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The developer is seeking to vacate a portion of the ROW for Giddings Road, related to their adjacent
development of Montava Phase D. Giddings Road is classified as a 2-lane arterial street between Mountain
Vista Drive and Richards Lake Road, per the City’s Master Street Plan. The current ROW width for this
portion of Giddings Road is 100-feet, which exceeds the 84-foot minimum that is the required ROW width
for the street classification, according to the Larimer County Urban Area Street Standards (LCUASS). The
developer is proposing to vacate the outer 8-feet of ROW from both sides of Giddings Road, which would
bring the proposed ROW width to meet the exact minimum requirement (84-feet). The final plat for Montava
Phase D – Infrastructure will dedicate 15-foot width utility easements adjacent to the ROW.
The City Engineer and the Planning, Development, and Transportation Director recommend approval of
this right-of-way vacation.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 170
Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
Potentially affected utility agencies and City staff have been notified of the request for right-of-way vacation.
The Montava Metro District will be the sole property owner for both sides of this portion of Giddings Road
at the time the right-of-way vacation is recorded.
ATTACHMENTS
1. Ordinance No. 143, 2025
Page 171
Item 15.
-1-
ORDINANCE NO. 143, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE RIGHT-OF-WAY OF GIDDINGS
ROAD
A. The Montava Construction & Development, Inc. (the “Developer”) is under
contract with the Anheuser-Busch Foundation to purchase the properties surrounding a
portion of Giddings Road between Mountain Vista Drive and Richards Lake Road
including Parcel numbers 8833000002, 8833000001, 8832000001, 8832000002 with the
intention of constructing a housing development.
B. In order to develop these properties and maximize the developable area,
the Developer is requesting that the City vacate a portion of the Giddings Road right-of-
way dedicated via Road Book R, Page 152 & Book 2289, more particularly described in
Exhibit A, attached hereto and incorporated herein by this reference.
C. Specifically, the Developer is requesting to vacate the outer 8-feet of right-
of-way from both sides of Giddings Road. The existing right-of-way is 100-feet, which
exceeds the 84-ft standard minimum width for street classification as described by
Larimer County Urban Area Street Standards (“LCASS”) for a 2-lane arterial street. The
proposed vacation would bring the right-of-way within the exact minimum requirement of
84-ft as set forth in the LCASS for a 2-lane arterial street.
D. This proposed right-of-way vacation relates to the phase of the Montava
Phase D development related to infrastructure (“Montava Subdivision Phase D
Infrastructure”) This phase is currently proceeding through the City’s site plan review
processes. The Final Plat for Montava Subdivision Phase D Infrastructu re is described in
Exhibit B, attached hereto and incorporated herein by this reference. The Montava
Subdivision Phase D Infrastructure plan proposes to improve the right -of-way and
frontage of Giddings Road and construct a roundabout to serve the development.
E. City Code Section 23-115 provides that the City Council may vacate a City
right-of-way upon finding “that the right-of-way being considered for vacation is no longer
needed for right-of-way purposes,” and that the vacation is in the public’s interest.
F. Colorado Revised Statutes (“C.R.S.”) Section 43 -2-303(1)(a) provides that
the City Council may by ordinance “vacate any roadway or part thereof located within the
corporate limits” of the city. C.R.S. Section 43-2-303(3) further provides that upon
vacation, “rights-of-way may be reserved for the continued use of existing sewer, gas,
water, or similar pipelines and appurtenances, for ditches or canals and appurtenances,
and for electric, telephone, and similar lines and appurtenances.”
G. In accordance with City Code Section 23-115(d), pertinent City staff,
potentially affected utility companies, emergency service providers, and affected property
owners in the vicinity of the right-of-way have been contacted, no objection has been
reported to the proposed vacation, and the City Engineer recommends approval of the
Page 172
Item 15.
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right-of-way vacation. The City will continue to reserve the existing right-of-way for utility
purposes.
H. As required under City Code Section 23-115(e), the Planning Development
and Transportation Director recommends approval that a portion of the Giddings Road
right-of-way be vacated.
I. Vacating a portion of the Giddings Road right-of-way will not prejudice or
injure the rights of the residents of Fort Collins.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds and determines that a portion of the
Giddings Road right-of-way dedicated via Road Book R, Page 152 & Book 2289 , more
particularly described in Exhibit A, is no longer needed for right-of-way purposes, and that
it is in the public interest to vacate the same.
Section 2. The portion of Giddings Road right-of-way dedicated via Road Book
R, Page 152 & Book 2289, as described by Exhibit A, is hereby vacated, abated, and
abolished.
Section 3. In accordance with City Code Section 23-115(f), title to the Giddings
Road right-of-way vacated by this Ordinance shall vest in accordance with C.R.S. Section
43-2-302.
Section 4. This Ordinance shall not effective until the final plat for Montava
Phase D – Infrastructure, more particularly described in Exhibit B, is submitted by the
Developer for recordation.
Section 5. Upon the fulfillment of the condition stated in Section 4 of this
Ordinance, the City shall record this Ordinance with the Larimer County Clerk and
Recorder, at which point the vacation shall become effective.
Section 6. Maintenance of the Vacation Area shall be the responsibility of those
in whom title vests and shall be undertaken as provided in City Code Section 20-42,
Section 24-42, and any other applicable requirements.
Page 173
Item 15.
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Introduced, considered favorably on first reading on September 2, 2025, and
approved on second reading for final passage on September 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: September 26, 2025
Approving Attorney: Stefanie Boster
Exhibit: Exhibit A – Legal Description
Exhibit B – Montana Subdivision Phase D Infrastructure
Page 174
Item 15.
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 175
Item 15.
A parcel of land, situate in the Southeast Quarter of Section 32, Township 8 North, Range 68 West of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado; and being more particularly
described as follows:
COMMENCING at the Southeast corner of said Section 32 and assuming the East line of said Southeast Quarter
as bearing North 00°33'45" West a distance of 2642.14 feet, monumented by a 2-1
2 " aluminum cap stamped LS
17497 in a Monument Box at the Southeast corner and a 3-1
4" brass cap stamped LS 15278 in a Monument Box
at the East Quarter corner and with all other bearing contained herein relative thereto;
THENCE North 00°33'45" West, along said East line, a distance of 50.00 feet;
THENCE North 89°57'58" West a distance of 42.00 feet to the POINT OF BEGINNING;
THENCE North 89°57'58" West a distance of 8.00 feet, to the North Right-of-Way (ROW) line of Mountain Vista
Drive and West ROW line of North Giddings Road, as described in the Special Warranty Deed recorded
September 14, 1984 as Reception No. 587201 of the Larimer County Clerk & Recorder;
THENCE North 00°33'45" West, along said West line, a distance of 1207.02 feet to a point on the South line of
Goodheart Drive Right-of-Way, as described in the Plat recorded , as Reception
No. of the Larimer County Clerk & Recorder;
THENCE South 89°59'26" East a distance of 8.00 feet to a line that is Parallel with the aforementioned West
ROW line;
THENCE South 00°33'45" East a distance of 1207.02 feet to the POINT OF BEGINNING;
Said described parcel of land contains 9,656 Square Feet or 0.222 Acres, more or less (±).
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description was
prepared from under my personal supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 176
Item 15.
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 177
Item 15.
A parcel of land, situate in the East Half of Section 32, Township 8 North, Range 68 West of the 6th Principal
Meridian, City of Fort Collins, County of Larimer, State of Colorado; and being more particularly described as
follows:
COMMENCING at the Southeast corner of said Section 32 and assuming the East line of said Southeast Quarter
as bearing North 00°33'45" West a distance of 2642.14 feet, monumented by a 2-1
2 " aluminum cap stamped LS
17497 in a Monument Box at the Southeast corner and a 3-1
4" brass cap stamped LS 15278 in a Monument Box
at the East Quarter corner and with all other bearing contained herein relative thereto;
THENCE North 00°33'45" West, along said East line, a distance of 1337.05 feet;
THENCE North 89°59'26" West a distance of 42.00 feet to the POINT OF BEGINNING;
THENCE North 89°59'26" West a distance of 8.00 feet to a point on the West Right-of-Way (ROW) line of that
parcel as described in the Special Warranty Deed recorded September 14, 1984 as Reception No. 587201 of the
Larimer County Clerk & Recorder and the North ROW line of Goodheart Drive, as described in the Plat
recorded , as Reception No. of the Larimer County Clerk & Recorder;
THENCE along said West ROW line for the following two (2) courses:
THENCE North 00°33'45" West a distance of 1304.60 feet;
THENCE North 00°35'37" West a distance of 378.64 feet to a point on the South ROW line of Longwood Drive,
as described in the Plat recorded , as Reception No. ;
THENCE North 89°25'19" East a distance of 8.00 feet to a line that is Parallel with the aforementioned West
ROW line;
THENCE South 00°35'37" East a distance of 378.65 feet;
THENCE South 00°33'45" East a distance of 1304.66 feet to the POINT OF BEGINNING;
Said described parcel of land contains 13,466 Square Feet or 0.309 Acres, more or less (±).
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description was
prepared from under my personal supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 178
Item 15.
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 179
Item 15.
A parcel of land, situate in the Northeast Quarter of Section 32, Township 8 North, Range 68 West of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado; and being more particularly
described as follows:
COMMENCING at the Northeast corner of said Section 32 and assuming the East line of said Northeast Quarter
as bearing South 00°35'37" East a distance of 2633.48 feet, monumented by a 3-1
4" brass cap stamped LS 15278
in a Range Box at the Northeast Quarter corner and a 3-1
4" brass cap stamped LS 15278 in a Monument Box at
the East Quarter corner and with all other bearing contained herein relative thereto;
THENCE South 00°35'37" East, along said East line, a distance of 49.98 feet;
THENCE North 89°39'06" East a distance of 42.01 feet to the POINT OF BEGINNING;
THENCE South 00°35'37" East a distance of 2145.50 feet;
THENCE South 89°25'19" West a distance of 8.00 feet to a point on the West Right-of-Way (ROW) line of that
parcel as described in the Special Warranty Deed recorded September 14, 1984 as Reception No. 587201 of the
Larimer County Clerk & Recorder and the North line of Longwood Drive ROW, as described in the Plat recorded
, as Reception No. of the Larimer County Clerk & Recorder;
THENCE North 00°35'37" West, along said West line, a distance of 2145.63 feet to a point on the South ROW
line of Richards Lake Road, as described in the Special Warranty Deed recorded September 14, 1984 as
Reception No. 587201 of the Larimer County Clerk & Recorder;
THENCE South 89°39'06" East a distance of 8.00 feet to the POINT OF BEGINNING;
Said described parcel of land contains 17,165 Square Feet or 0.394 Acres, more or less (±).
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description was
prepared from under my personal supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 180
Item 15.
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 181
Item 15.
A parcel of land, situate in the Southwest Quarter of Section 33, Township 8 North, Range 68 West of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado; and being more particularly
described as follows:
COMMENCING at the Southwest corner of said Section 33 and assuming the West line of said Southwest
Quarter as bearing North 00°33'45" West a distance of 2642.14 feet, monumented by a 2-1
2 " aluminum cap
stamped LS 17497 in a Monument Box at the Southwest corner and a 3-1
4" brass cap stamped LS 15278 in a
Monument Box at the West Quarter corner and with all other bearing contained herein relative thereto;
THENCE North 00°33'45" West, along said West line, a distance of 50.00 feet;
THENCE North 89°58'54" East a distance of 42.00 feet to the POINT OF BEGINNING;
THENCE North 00°33'45" West a distance of 2592.55 feet;
THENCE North 00°35'37" West a distance of 1551.54 feet to the North line of that parcel as described in the
Special Warranty Deed recorded September 14, 1984 as Reception No. 587201 of the Larimer County Clerk &
Recorder;
THENCE along said parcel for the following (3) courses
THENCE North 89°24'18" East a distance of 8.00 feet ;
THENCE South 00°35'37" East a distance of 1551.53 feet;
THENCE South 00°33'45" East a distance of 2592.64 feet;
THENCE South 89°58'54" West a distance of 8.00 feet to the POINT OF BEGINNING;
Said described parcel of land contains 33,153 Square Feet or 0.761 Acres, more or less (±).
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description was
prepared from under my personal supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 182
Item 15.
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 183
Item 15.
A parcel of land, situate in the Northwest Quarter of Section 33, Township 8 North, Range 68 West of the 6th
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado; and being more particularly
described as follows:
COMMENCING at the Northwest corner of said Section 33 and assuming the West line of said Northwest
Quarter as bearing South 00°35'37" East a distance of 2633.48 feet, monumented by a 3-1
4" brass cap stamped
LS 15278 in a Range Box at the Northwest corner and a 3-1
4" brass cap stamped LS 15278 in a Monument Box at
the West Quarter corner and with all other bearing contained herein relative thereto;
THENCE South 00°35'37" East, along said West line, a distance of 49.98 feet;
THENCE South 89°57'45" East a distance of 42.00 feet to the POINT OF BEGINNING;
THENCE South 89°57'45" East a distance of 8.00 feet to the East Right-of-Way (ROW) line of North Giddings
Road and the South ROW line of Richards Lake Road, as described in the Special Warranty Deed recorded
September 14, 1984 as Reception No. 587201 of the Larimer County Clerk & Recorder;
THENCE South 00°35'37" East, along said East line a distance of 801.85 feet to the North line of that parcel as
described in the Special Warranty Deed recorded May 31, 2016 as Reception No. 20160033867 of the Larimer
County Clerk & Recorder;
THENCE North 35°00'49" West, along said North line, a distance of 14.15 feet to a line that is Parallel to the
aforementioned East ROW line;
THENCE North 00°35'37" West a distance of 790.26 feet to the POINT OF BEGINNING;
Said described parcel of land contains 6,368 Square Feet or 0.146 Acres, more or less (±).
I, Steven Parks, a Colorado Licensed Professional Land Surveyor do hereby state this Parcel Description was
prepared from under my personal supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Steven Parks - on behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 184
Item 15.
EXHIBIT A TO ORDINANCE NO. 143, 2025
Page 185
Item 15.
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EXHIBIT B TO ORDINANCE NO. 143, 2025
Page 186
Item 15.
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EXHIBIT B TO ORDINANCE NO. 143, 2025
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Item 15.
EXHIBIT B TO ORDINANCE NO. 143, 2025
Page 188
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EXHIBIT B TO ORDINANCE NO. 143, 2025
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EXHIBIT B TO ORDINANCE NO. 143, 2025
Page 190
Item 15.
EXHIBIT B TO ORDINANCE NO. 143, 2025
Page 191
Item 15.
File Attachments for Item:
16. Items relating to the Moor Annexation.
A. Resolution 2025-079 Setting Forth Findings of Fact and Determinations Regarding the Moor
Annexation.
B. Public Hearing and First Reading of Ordinance No. 144, 2025, Annexing the Property Known
as the Moor Annexation to the City of Fort Collins, Colorado.
The purpose of these items is to annex a 3.368-acre property located northeast of the
intersection of North Taft Hill Road and Laporte Avenue. The Initiating Resolution was adopted
July 15, 2025. A related item to zone the annexed property is presented on this Agenda.
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.
Page 192
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Arlo Schumann, City Planner
SUBJECT
Items relating to the Moor Annexation.
EXECUTIVE SUMMARY
A. Resolution 2025-079 Setting Forth Findings of Fact and Determinations Regarding the Moor
Annexation.
B. Public Hearing and First Reading of Ordinance No. 144, 2025, Annexing the Property Known as the
Moor Annexation to the City of Fort Collins, Colorado.
The purpose of these items is to annex a 3.368-acre property located northeast of the intersection of North
Taft Hill Road and Laporte Avenue. The Initiating Resolution was adopted July 15, 2025. A related item to
zone the annexed property is presented on this Agenda.
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.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
Introduction
This is a voluntary annexation of 3.368 acres located northeast of the intersection of North Taft Hill Road
and Laporte Avenue. The site remains undeveloped. The site is bound by a place of worship to the north,
a large lot single family home to the east, commercial retail stores and Laporte Avenue to the south, and
N Taft Hill Road to the west.
Larimer County and City of Fort Collins Intergovernmental Agreement
The property is located within the Fort Collins Growth Management Area (GMA) and according to policies
and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of
property in the GMA when the property is eligible for annexation according to State law.
Page 193
Item 16.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Contiguity Requirements
The Moor Annexation gains contiguity with city limits along its western edge fronting N Taft Hill Road with
the Sanctuary On The Green Annexation (126-2018) and along its southern edge fronting Laporte Avenue
with the Kennedy's West Laporte Annexation (70-1972). The annexation site has a total perimeter of
1,868.88 feet and a contiguous perimeter with city limits of 835.30 feet. The contiguous perimeter is 45%
of the overall perimeter, exceeding the one-sixth (16%) required by state statute.
CITY FINANCIAL IMPACTS
The annexation and zoning will not result in any initial direct significant financial/economic impacts.
Annexation will trigger the transition of law enforcement from the Larimer County Sherriff’s Office to Fort
Collins Police Services, however, the site is currently undeveloped.
When additional development of the site occurs, water services will be provided by the City.
COMMISSION RECOMMENDATION
The Planning and Zoning Commission will hear and provide a recommendation for the Moor Annexation
and Zoning to Council at the Commission’s August 21, 2025, hearing. Minutes for this meeting are not yet
available and will be included on Second Reading of this item.
PUBLIC OUTREACH
A joint neighborhood meeting for the annexation and proposed Overall Development Plan for the site was
held on February 12, 2025.
A majority of questions and concerns discussed at the meeting related to future development issues rather
than the annexation.
ATTACHMENTS
1. Vicinity Map
2. Applicant Narrative
3. Annexation Petition
4. Annexation Map
5. Planning and Zoning Commission Hearing Memorandum
6. Resolution 2025-079
7. Ordinance No. 144, 2025
Page 194
Item 16.
LAPORTE AVEPE
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Moor Annexation
VICINITY MAP ±
SITE
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Item 16.
April 30, 2025
City of Fort Collins
Planning and Zoning Commission
281 North College Avenue
Fort Collins 80524
RE: Proposed Moor Annexation
Dear Planning and Zoning Commission,
Please find an application for the annexation of approximately 3.368 acres at the northeast corner of Taft Hill
Road and Laporte Avenue.
The property owners wish to annex to the City the property, which is currently located in unincorporated
Larimer County, and to zone the entire property Low Density Mixed-Use Neighborhood District (“LMN”).
The intent is to develop one or more multifamily structures to include +/- 72 affordable senior housing units. A
Conceptual Review Meeting was held on April 19, 2024.
Analysis of Annexation
A. Landowner Consent
Except in limited circumstances, an annexation may only be approved with the consent of the landowners
of the property subject to the annexation, which can be demonstrated through a public election or through
submittal of an annexation petition that is “signed by persons comprising more than fifty percent of the
landowners in the area and owning more than fifty percent of the area, excluding public streets, and alleys
and any land owned by the annexing municipality.” Colo. Const. Art. II, Section 30; C.R.S. § 31-12-104(1).
Here, RRT Investments LLC, the property owner, has signed the petition for annexation attached to the
application for Annexation. Therefore, this requirement is met.
B. One-Sixth Contiguity
Further, the subject property must meet a minimum contiguity requirement. More specifically, the City must
find that “not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the
annexing municipality.” C.R.S. § 31-12-104(1)(a). The County Property far exceeds the one-sixth contiguity
requirement in the Act. The County Property is contiguous with the City along its southern and western
borders. Therefore, the County Property satisfies the one-sixth contiguity requirement in the Act.
C. Community of Interest
The City must also find that “a community of interest exists between the area proposed to be annexed and
the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area
is integrated with or is capable of being integrated with the annexing municipality.” C.R.S. § 31-12-104(1)(b).
The fact that the subject property has satisfied the one-sixth contiguity requirement described above “shall
be a basis for a finding of compliance with these requirements,” unless certain facts are demonstrated at a
hearing prove at least two of the following three factors: (a) that the adult residents of the subject property
will not use the services provided in the annexing municipality or work in the annexing municipality, (b) that
the landowners intend to dedicate the subject property exclusively to agricultural use for at least the next
Page 196
Item 16.
five years, and (c) that it would not be physically practicable to extend municipal services to the subject
property. Id. In other words, if the subject property is sufficiently contiguous with the annexing municipality, it
is assumed that they share a community of interest unless it can be proven that they are in fact
incompatible.
Here, because the County Property satisfies the one-sixth contiguity requirement, it can be concluded that
the County Property satisfies the above-mentioned requirements regarding the existence of a community of
interest between the County Property, on one hand, and the City, on the other hand. Additionally, the
Property is not intended to be dedicated to agricultural uses and is intended to provide residences and
services for adults who will use the services of and work in the City. As the Property is adjacent to existing
development in the City, it is physically practicable to extend municipal services to the Property. Also, the
Property is located within the growth management area indicated on the City’s Structure Plan. Therefore, a
community of interest exists between the County Property and the City.
Statement of Principles and Policies
• Principle LIV 1: Maintain a compact pattern of growth that is well served by public facilities and
encourages the efficient use of land.
• Policy LIV 4.1: New Neighborhoods. Encourage creativity in the design and construction of new
neighborhoods that: Provides a unifying and interconnected framework of streets, sidewalks,
walkway spines and other public spaces; Expands housing options, including higher-density and
mixed-use buildings; Offers opportunities to age in place; Improves access to services and
amenities; and Incorporates unique site conditions.
• Principle LIV 5: Create more opportunities for housing choices.
• Policy LIV 5.1: To enhance community health and livability, encourage a variety of housing types
and densities, including mixed-used developments that are well served by public transportation and
close to employment centers, shopping, services and amenities.
• Policy LIV 5.2: Supply of Attainable Housing. Encourage public and private sectors to maintain and
develop a diverse range of housing options, including housing that is attainable (30% or less of
monthly income) to residents earning the median income. Options could include ADUs, duplexes,
townhomes, mobile homes, manufactured housing and other “missing middle” housing types.
• Policy LIV 5.3: Land for Residential Development. Use density requirements to maximize the use of
land for residential development to positively influence housing supply and expand housing choice.
• Policy LIV 5.5: Integrate and Distribute Affordable Housing. Integrate the distribution of affordable
housing as part of individual neighborhoods and the larger community.
• Principle LIV 6: Improve access to housing that meets the needs of residents regardless of their race,
ethnicity, income, age, ability or background.
• Policy LIV 6.2: Plan for populations who have specialized housing needs. Integrate residential-care
and treatment facilities, shelters, permanent supportive housing, group homes and senior housing
throughout the GMA in areas that are well served by amenities and public transportation.
We look forward to beginning this exciting new project with you. Please do not hesitate to contact me or
our team at TB|Group with questions that may arise.
Sincerely,
TB|Group
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Item 16.
LAPORTE AVENUE
(PUBLIC ROW VARIES)
220 N. TAFT HILL ROAD
REC. NO. 20090076709
LARIMER COUNTY
1950 LAPORTE AVENUE
REC. NO. 19940028878
LARIMER COUNTY
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200 TAFT HILL ROAD
REC. NO. 20170006005
LARIMER COUNTY
2016
LAPORTE
AVENUE
REC. NO.
19960043944
FORT
COLLINS
CITY PARK PROSPECT PARK &
GRANDVIEW CEMETERY ANNEX
PER ORDINANCE NO 10-1922
UNDERDOWN
ANNEXATION
KENNEDY'S
WEST
LAPORTE
AVENUE
ANNEXATION
SANCTUARY
ON THE
GREEN
ANNEXATION
SANCTUARY
ON THE
GREEN
ANNEXATION
MOOR ANNEXATION
146,728 SQ, FT,
3.368 ACRES
LEGEND
MOOR ANNEXATION
TO THE CITY OF FORT COLLINS
Situate in the Northwest Quarter of Section 10, Township 7 North, Range 69 West of the 6th P.M.,
County of Larimer, State of Colorado.
3.368 ACRES
MAJESTIC SURVEYING, LLC 1111 DIAMOND VALLEY DRIVE #104, WINDSOR, CO 80550
PROJECT NO: 2025001
DATE: 6-26-2025
DRAWN BY: SIP
NAME: 2000 LAPORTE
FILE NAME: 2025001ANNEX
CLIENT: LIAM MOOR, LLC
CHECKED BY: MAK SCALE: 1" = 50'
1
SHEET 1 OF 1
REVISIONS:DATE:
BASIS OF BEARINGS AND LINEAL UNIT DEFINITION
Assuming the South line of the Southwest Quarter of the Northwest Quarter of Section 10,
Township 7 North, Range 69 West of the 6th P.M. monumented as shown on this drawing, as
bearing South 89°31'38" East, being a Grid Bearing of the Colorado State Plane, North Zone,
North American Datum 1983/2011, a distance of 1324.95 feet and with all other bearings
contained herein relative thereto.
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot".
PROPERTY DESCRIPTION
A parcel of land, situate in the Northwest Quarter (NW1/4) of Section Ten (10), Township Seven North (T.7N.),
Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and
being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 10 and assuming the South line of the Southwest Quarter of the
Northwest Quarter (SW1/4NW1/4) of Section 10 as bearing South 89°31'38” East, being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 1324.95 feet, monumented
by a #6 rebar with 2.5” aluminum cap stamped LS 29407 at the West Quarter corner and a #6 rebar with a 2.5” aluminum
cap stamped LS 31169 at the Center-West 1/16th corner
and with all other bearings contained herein relative thereto;
THENCE South 89°31'38” East, along said South line, a distance of 280.00 feet to the Southeast corner of the Kennedy's
West LaPorte Avenue Annexation as recorded November 14, 1972 as Reception No. 42752 of the Larimer County Clerk &
Recorder (LCCR) and to the POINT OF BEGINNING;
Thence along the East and North lines and extensions thereof, said Reception No. 42752, the following four courses:
THENCE North 00°35'52” East a distance of 30.00 feet;
THENCE North 89°31'38” West a distance of 30.00 feet to an extension of the West line of that parcel as described in the
General Warranty Deed as recorded November 30, 2021 as Reception No. 20210108643 of the LCCR;
Thence along the West, South, North and East lines and extensions thereof, the following five courses:
THENCE North 00°35'52” East a distance of 150.00 feet;
THENCE North 89°31'38” West a distance of 199.92 feet to the Easterly Right of Way line of Taft Hill Road and to the
Easterly line of the Sanctuary on the Green Annexation as recorded November 16, 2018 as Reception No. 20180069904 of
the LCCR;
THENCE North 00°37'24” East, along said Easterly lines a distance of 473.87 feet;
THENCE South 89°22'36” East a distance of 280.53 feet;
THENCE South 00°32'39” West a distance of 653.13 feet to the North line of the City Park Prospect Park and Grandview
Cemetery Annexation;
THENCE North 89°31'38” West a distance of 51.43 feet to the POINT OF BEGINNING.
Said described parcel of land contains 146,728 Square Feet or 3.368 Acres, more or less (±).
NOTICE
According to Colorado law you must commence any legal action based upon any
defect in this survey within three years after you first discover such defect. In no event
may any action based upon any defect in this survey be commenced more than ten
years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
VICINITY MAPSCALE: 1" = 2000'
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ANNEXATION TABLE
TOTAL BOUNDARY: 1,868.88 L.F.
CONTIGUOUS BOUNDARY: 835.30 L.F.
1/6 OF TOTAL BOUNDARY 311.48 L.F.
RATIO= 1 : 2.24
TITLE COMMITMENT NOTE
This survey does not constitute a title search by Majestic Surveying, LLC to determine
ownership or easements of record.
SURVEYOR'S CERTIFICATE
I, Matthew A. Kramer, a Colorado Licensed Professional Land Surveyor, do hereby state that this Annexation Plat
was prepared from an actual survey under my personal supervision, that the monumentation as indicated hereon
were found or set as shown, and that the forgoing Plat is an accurate representation thereof, all this to the best of
my knowledge, information and belief.
Matthew A. Kramer - On Behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38844
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer, City of Fort Collins, Colorado this _____ day of _____________________, 20___.
________________________________
City Engineer
APPROVED CITY CLERK
The Plat to be known as MOOR OF ANNEXATION to the City of Fort Collins, County of Larimer, State of
Colorado by Ordinance No.________________________________ passed and adopted on final reading at a regular
meeting of the City Council of Fort Collins, Colorado, held on the _____ day of _____________________, 20___.
________________________________
City Clerk
Feet
0 50 100
FLOOD PLAIN NOTE
Portions of the subject property is within the City of Fort Collins West Vine Floodplain. Floodplain lines
shown are approximate and are not to be relied upon for any improvements or construction.
38844PROFESSIONAL LAND SURVEYOR
COLORADO LICENSED
MATTHEW A . KRAME
R
Page 203
Item 16.
1
Planning and Zoning Commission Hearing Memorandum
Date: August 27, 2025
To: Mayor and City Councilmembers
From: Arlo Schumann, City Planner, Comm Dev & Neighborhood Services,
aschumann@fcgov.com
Subject: August 21, 2025, Planning and Zoning Commission Hearing: Moor Annexation
and Zoning
Bottom Line
The purpose of this memo is to document the summary of discussions during the (August 21,
2025) Planning and Zoning Commission (PZC) hearing regarding the annexation and
associated zoning for the Moor Annexation. The Moor Annexation was a consent item pulled for
discussion by members of the public. The Planning and Zoning Commission recommended City
Council annex and zone the Moor Annexation into the Low Density Mixed-Use Neighborhood
District (LMN) zone district 5-0 at the Commission’s August 21, 2025, hearing. The Commission
also recommends placing the site in the Residential Sign District and the LC1 Lighting Context
Area.
Discussion Summary
The Moor Annexation was scheduled to be a consent item for the hearing. Several members of
the public requested the item be pulled from the consent agenda for discussion.
Public comments were primarily focused on whether LMN zoning was appropriate to the
neighborhood and in alignment with City Plan and the Northwest Subarea Plan guidance, along
with what project intensity LMN zoning would allow. The public shared concerns about
development compatibility and intensity, traffic, pedestrian safety, building height, density, water
runoff and flood mitigation, and general infrastructure capacity.
The Commission discussion and deliberation centered on confirming the guidance of the city’s
structure plan (part of City Plan) and the Northwest Subarea Plan provides for the property.
Additional discussion about any future project’s requirements as they relate to the zoning
standards, the general Land Use Code standards as well as the applicable subarea plan
Page 204
Item 16.
2
recommendations, noting that many of the public’s concerns are addressed during a project
specific project development review and that both the Land Use Code as well as the Northwest
Subarea plan are used in that review process.
Follow -up Items
Provide draft meeting minutes of the August 21, 2025 PZC hearing for second reading.
Page 205
Item 16.
-1-
RESOLUTION 2025-079
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE MOOR ANNEXATION
A. Pursuant to Resolution 2025-072, annexation proceedings were initiated by
the City Council for property to be known as the Moor Annexation (the “Property”).
B. Following notice given as required by law, the City Council held a hearing
on said annexation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the petition for annexation of the
Property complies with the Municipal Annexation Act (the “Act”), Colorado Revised
Statutes Section 31-12-101, et seq.
Section 2. The City Council hereby finds that there is at least one-sixth (1/6)
contiguity between the City and the Property proposed to be annexed; that a c ommunity
of interest exists between the Property proposed to be annexed into the City; that said
Property is urban or will be urbanized in the near future; and that the Property is integrated
with or is capable of being integrated with the City.
Section 3. The City Council further determines that the applicable parts of the
Act have been met, that an election is not required under the Act, and that there are no
other terms and conditions to be imposed upon said annexation.
Section 4. The City Council further finds that notice was duly given, and a
hearing was held regarding the annexation in accordance with the Act.
Section 5. The City Council concludes that the Property is eligible for
annexation to the City and should be so annexed.
Page 206
Item 16.
-2-
Passed and adopted on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 2, 2025
Approving Attorney: Brad Yatabe
Exhibit: None
Page 207
Item 16.
-1-
ORDINANCE NO. 144, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE MOOR
ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
A. On July 15, 2025, City Council adopted Resolution 2025-072 finding
substantial compliance and initiating annexation proceedings for the Moor Annexation, as
defined therein and described below.
B. Resolution 2025-079 setting forth findings of fact and determinations
regarding the Moor Annexation was adopted concurrently with the first reading of this
Ordinance.
C. Pursuant to Land Use Code Section 6.10.3, the City Planning and Zoning
Commission, at its regular meeting on August 21, 2025, unanimously recommended on
a 5-0 vote (Commissioners Stackhouse and Bruxvoort absent) that the City Council
approve the Moor Annexation.
D. The City Council has determined that it is in the best interests of the City to
annex the property to be known as the Moor Annexation as described below (the
“Property”) to 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 hereby incorporates the findings of Resolution
2025-072 and Resolution 2025-079 and further finds that it is in the best interests of the
City to annex the Property to the City.
Section 2. The Property, more particularly described as:
A parcel of land, situate in the Northwest Quarter (NW1/4) of Section Ten (10),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth
Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more
particularly described as follows:
COMMENCING at the West Quarter corner of said Section 10 and assuming the
South line of the Southwest Quarter of the Northwest Quarter (SW1/4NW1/4) of
Section 10 as bearing South 89°31'38” East, being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/2011,
a distance of 1324.95 feet, monumented by a #6 rebar with 2.5” aluminum cap
stamped LS 29407 at the West Quarter corner and a #6 rebar with a 2.5” aluminum
cap stamped LS 31169 at the Center-West 1/16th corner and with all other
bearings contained herein relative thereto;
Page 208
Item 16.
-2-
THENCE South 89°31'38” East, along said South line, a distance of 280.00 feet to
the Southeast corner of the Kennedy's West LaPorte Avenue Annexation as
recorded November 14, 1972 as Reception No. 42752 of the Larimer County Clerk
& Recorder (LCCR) and to the POINT OF BEGINNING;
Thence along the East and North lines and extensions thereof, said Reception No.
42752, the following four courses:
THENCE North 00°35'52” East a distance of 30.00 feet;
THENCE North 89°31'38” West a distance of 30.00 feet to an extension of the
West line of that parcel as described in the General Warranty Deed as recorded
November 30, 2021 as Reception No. 20210108643 of the LCCR;
Thence along the W est, South, North and East lines and extensions thereof, the
following five courses:
THENCE North 00°35'52” East a distance of 150.00 feet;
THENCE North 89°31'38” West a distance of 199.92 feet to the Easterly Right of
Way line of Taft Hill Road and to the Easterly line of the Sanctuary on the Green
Annexation as recorded November 16, 2018 as Reception No. 20180069904 of
the LCCR;
THENCE North 00°37'24” East, along said Easterly lines a distance of 473.87 feet;
THENCE South 89°22'36” East a distance of 280.53 feet;
THENCE South 00°32'39” West a distance of 653.13 feet to the North line of the
City Park Prospect Park and Grandview Cemetery Annexation;
THENCE North 89°31'38” West a distance of 51.43 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 146,728 Square Feet or 3.368 Acres, more
or less (±),
is hereby annexed to the City of Fort Collins and made a part of said City, to be known
as the Moor Annexation, which annexation shall become effective upon completion of the
conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113,
including, without limitation, all required filings for recording with the Larimer County Clerk
and Recorder.
Section 3. In annexing the Property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric
service lines, streets or any other services or utilities in connection with the Property
hereby annexed except as may be provided by ordinances of the City.
Section 4. The City hereby consents, pursuant to C.R.S. Section 37-45-
136(3.6), to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado
Water Conservancy District.
Page 209
Item 16.
-3-
Introduced, considered favorably on first reading on September 2, 2025, and
approved on second reading for final passage on September 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: September 26, 2025
Approving Attorney: Brad Yatabe
Exhibit: None
Page 210
Item 16.
File Attachments for Item:
17. Public Hearing and First Reading of Ordinance No. 145, 2025, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included
in the Moor Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting
Context Area Map.
The purpose of this item is to zone the property included in the Moor Annexation into the Low
Density Mixed-Use Neighborhood District (LMN) and place the property into the Residential
Sign District and the LC1 Lighting Context Area.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules
of Meeting Procedures adopted in Resolution 2024-148.
Page 211
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Arlo Schumann, City Planner
SUBJECT
Public Hearing and First Reading of Ordinance No. 145, 2025, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Moor Annexation
to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential
Neighborhood Sign District Map and Lighting Context Area Map.
EXECUTIVE SUMMARY
The purpose of this item is to zone the property included in the Moor Annexation into the Low Density
Mixed-Use Neighborhood District (LMN) and place the property into the Residential Sign District and the
LC1 Lighting Context Area.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2024-148.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (LMN) zone
district, which is in alignment with the City of Fort Collins Structure Plan and the Northwest Subarea Plan.
The site is undeveloped land. Residential and Natural Areas uses exist to the north and east while small
commercial retail and cemetery uses can be found to the south. Existing and future residential
neighborhoods a found to the west.
The nearby vicinity features a mix of both City and Larimer County zoning, as noted in the following table:
Direction Zone District Existing Land Use
N
Low Density Mixed-Use Neighborhood (LMN) and
Larimer County Rural Residential (RR2) Single Unit Dwellings, Place of
Worship, City Natural Areas
S
Low Density Mixed-Use Neighborhood (LMN), Public
Open Lands (POL), Commercial Corridor (CC) Retail Businesses, Cemetery
Page 212
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
E
Low Density Mixed-Use Neighborhood (LMN) and
Larimer County Rural Residential (RR2) Single Unit Dwellings, City
Natural Areas
W Low Density Mixed-Use Neighborhood (LMN) Single Unit Dwellings
City of Fort Collins Structure Plan
The Structure Plan Map found in City Plan provides the broadest land use and zoning policy guidance
applicable to the site via Place Type designations. Place Types describe the general land-uses,
densities, and transportation characteristics for an area to help guide potential zoning when properties
are annexed into the City. The Structure Plan Map indicates opportunity for the ‘Suburban Neighborhood’
place type for the annexing site and surrounding properties to the east, west, and north.
Structure Plan Map (excerpt)
The land use characteristics of the Suburban Neighborhood Place Types include:
• Principal Land Use Single-unit detached homes. Density: Between two and five principal dwelling units
per acre.
• Supporting Land Use Parks and recreational facilities, schools, places of worship, Accessory Dwelling
Units (ADUs) and other uses related to the principal uses.
Page 213
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
Place Types represent flexible guidance to inform zoning based on the history and surrounding context of
a site within general zoning categories. This place type is categorized as one of the Neighborhoods Districts
alongside Rural Neighborhoods, and Mixed Neighborhoods Designations. The Structure Plan future land
use designations represent general citywide policy guidance.
Alignment with City Plan Principles and Policies:
Principle LIV 1: Maintain a compact pattern of growth that is well served by public facilities and
encourages the efficient use of land. This property is within the Fort Collins Growth Management
Area (GMA). City Plan encourages managing growth by encouraging infill development within the
GMA to promote a compact pattern of development.
In addition to the guidance provided by the Structure Plan Map, City Plan also encourages the use of more
specific guidance found in neighborhood and subarea plans.
Northwest Subarea Plan
The Northwest Subarea Plan was adopted in 2006. The plan provides land use and policy guidance for the
northwest quadrant of the city, including the subject property. The requested LMN zone is seen as
consistent with this direction and compatible with other surrounding designations as depicted in the
Framework Plan:
Sign District
Staff recommends that the property be placed within the Residential Neighborhood Sign District. The Sign
Districts are established for the purpose of regulating signs f or non-residential uses in areas of the
community where the predominant character of the neighborhood is residential.
Page 214
Item 17.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
Lighting Context Area
On March 26, 2021, the City of Fort Collins adopted new exterior lighting standards and established
Lighting Context Areas that correspond to the City’s zone districts. The Lighting Context Area identified by
Table 5.12.1 of the City’s lighting code for the LMN zone district is LC1. As part of this item, staff
recommends placement of the property into the LC1 Lighting Context Areas.
LC1- Low ambient lighting. The vision of human residents and users is adapted to low light levels. Lighting
may be used for safety and convenience, but it is not necessarily uniform or continuous. Typical locations
include low and medium density residential areas, commercial or industrial areas with limited nighttime
activity, and the developed areas in parks and other natural settings.
CITY FINANCIAL IMPACTS
None.
COMMISSION RECOMMENDATION
At its hearing on August 21, 2025, the Planning and Zoning Commission unanimously voted (5-0,
Stackhouse and Bruxvoort absent) to recommend that City Council approve zoning the Moor Annexation
as the Low Density Mixed-Use Neighborhood District (LMN) and placing the site in the Residential Sign
District and the LC1 Lighting Context Area. The minutes from this meeting are not yet available and will be
included on Second Reading of this item.
PUBLIC OUTREACH
A joint neighborhood meeting for the annexation and proposed development plan for the site was held on
February 12, 2025.
All other notification requirements as required by state and local law have been met.
A majority of questions and concerns discussed at the meeting related to future development issues rather
than the annexation.
ATTACHMENTS
1. Vicinity Map
2. Annexation Narrative
3. Annexation Petition
4. Annexation Zoning Map
5. City Plan Structure Plan Map
6. Northwest Subarea Plan Framework Map
7. Existing Zoning Map
8. Existing Lighting Context Area Map
9. Planning and Zoning Commission hearing Memorandum
10. Ordinance No. 145, 2025
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Item 17.
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VICINITY MAP ±
SITE
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Item 17.
April 30, 2025
City of Fort Collins
Planning and Zoning Commission
281 North College Avenue
Fort Collins 80524
RE: Proposed Moor Annexation
Dear Planning and Zoning Commission,
Please find an application for the annexation of approximately 3.368 acres at the northeast corner of Taft Hill
Road and Laporte Avenue.
The property owners wish to annex to the City the property, which is currently located in unincorporated
Larimer County, and to zone the entire property Low Density Mixed-Use Neighborhood District (“LMN”).
The intent is to develop one or more multifamily structures to include +/- 72 affordable senior housing units. A
Conceptual Review Meeting was held on April 19, 2024.
Analysis of Annexation
A. Landowner Consent
Except in limited circumstances, an annexation may only be approved with the consent of the landowners
of the property subject to the annexation, which can be demonstrated through a public election or through
submittal of an annexation petition that is “signed by persons comprising more than fifty percent of the
landowners in the area and owning more than fifty percent of the area, excluding public streets, and alleys
and any land owned by the annexing municipality.” Colo. Const. Art. II, Section 30; C.R.S. § 31-12-104(1).
Here, RRT Investments LLC, the property owner, has signed the petition for annexation attached to the
application for Annexation. Therefore, this requirement is met.
B. One-Sixth Contiguity
Further, the subject property must meet a minimum contiguity requirement. More specifically, the City must
find that “not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the
annexing municipality.” C.R.S. § 31-12-104(1)(a). The County Property far exceeds the one-sixth contiguity
requirement in the Act. The County Property is contiguous with the City along its southern and western
borders. Therefore, the County Property satisfies the one-sixth contiguity requirement in the Act.
C. Community of Interest
The City must also find that “a community of interest exists between the area proposed to be annexed and
the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area
is integrated with or is capable of being integrated with the annexing municipality.” C.R.S. § 31-12-104(1)(b).
The fact that the subject property has satisfied the one-sixth contiguity requirement described above “shall
be a basis for a finding of compliance with these requirements,” unless certain facts are demonstrated at a
hearing prove at least two of the following three factors: (a) that the adult residents of the subject property
will not use the services provided in the annexing municipality or work in the annexing municipality, (b) that
the landowners intend to dedicate the subject property exclusively to agricultural use for at least the next
Page 217
Item 17.
five years, and (c) that it would not be physically practicable to extend municipal services to the subject
property. Id. In other words, if the subject property is sufficiently contiguous with the annexing municipality, it
is assumed that they share a community of interest unless it can be proven that they are in fact
incompatible.
Here, because the County Property satisfies the one-sixth contiguity requirement, it can be concluded that
the County Property satisfies the above-mentioned requirements regarding the existence of a community of
interest between the County Property, on one hand, and the City, on the other hand. Additionally, the
Property is not intended to be dedicated to agricultural uses and is intended to provide residences and
services for adults who will use the services of and work in the City. As the Property is adjacent to existing
development in the City, it is physically practicable to extend municipal services to the Property. Also, the
Property is located within the growth management area indicated on the City’s Structure Plan. Therefore, a
community of interest exists between the County Property and the City.
Statement of Principles and Policies
• Principle LIV 1: Maintain a compact pattern of growth that is well served by public facilities and
encourages the efficient use of land.
• Policy LIV 4.1: New Neighborhoods. Encourage creativity in the design and construction of new
neighborhoods that: Provides a unifying and interconnected framework of streets, sidewalks,
walkway spines and other public spaces; Expands housing options, including higher-density and
mixed-use buildings; Offers opportunities to age in place; Improves access to services and
amenities; and Incorporates unique site conditions.
• Principle LIV 5: Create more opportunities for housing choices.
• Policy LIV 5.1: To enhance community health and livability, encourage a variety of housing types
and densities, including mixed-used developments that are well served by public transportation and
close to employment centers, shopping, services and amenities.
• Policy LIV 5.2: Supply of Attainable Housing. Encourage public and private sectors to maintain and
develop a diverse range of housing options, including housing that is attainable (30% or less of
monthly income) to residents earning the median income. Options could include ADUs, duplexes,
townhomes, mobile homes, manufactured housing and other “missing middle” housing types.
• Policy LIV 5.3: Land for Residential Development. Use density requirements to maximize the use of
land for residential development to positively influence housing supply and expand housing choice.
• Policy LIV 5.5: Integrate and Distribute Affordable Housing. Integrate the distribution of affordable
housing as part of individual neighborhoods and the larger community.
• Principle LIV 6: Improve access to housing that meets the needs of residents regardless of their race,
ethnicity, income, age, ability or background.
• Policy LIV 6.2: Plan for populations who have specialized housing needs. Integrate residential-care
and treatment facilities, shelters, permanent supportive housing, group homes and senior housing
throughout the GMA in areas that are well served by amenities and public transportation.
We look forward to beginning this exciting new project with you. Please do not hesitate to contact me or
our team at TB|Group with questions that may arise.
Sincerely,
TB|Group
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Item 17.
LAPORTE AVENUE
(PUBLIC ROW VARIES)
220 N. TAFT HILL ROAD
REC. NO. 20090076709
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200 TAFT HILL ROAD
REC. NO. 20170006005
2016
LAPORTE
AVENUE
REC. NO.
19960043944
LARIMER COUNTY
ZONING - (CC)
COMMERCIAL CORRIDOR
LARIMER COUNTY
ZONING - (CC)
COMMERCIAL CORRIDOR
LARIMER COUNTY
ZONING - (RR-2)
RURAL RESIDENTIAL
CURRENT ZONING:
LARIMER COUNTY (CC)- COMMERCIAL CORRIDOR
PROPOSED ZONING:
CITY OF FORT COLLINS - (LMN) LOW DENSITY MIXED-USE NEIGHBORHOOD
CITY OF FORT
COLLINS
ZONING - (LMN)
LOW DENSITY
MIXED-USE
NEIGHBORHOOD
CITY OF FORT COLLINS
ZONING - (LMN)
LOW DENSITY MIXED-USE
NEIGHBORHOOD
CITY OF FORT COLLINS
ZONING - (LMN)
LOW DENSITY MIXED-USE
NEIGHBORHOOD
MOOR ANNEXATION
146,728 SQ, FT,
3.368 ACRES
CURRENT ZONING:
LARIMER COUNTY (RR-2) - RURAL RESIDENTIAL
PROPOSED ZONING:
CITY OF FORT COLLINS - (LMN) LOW DENSITY MIXED-USE NEIGHBORHOOD
1950 LAPORTE AVENUE
REC. NO. 19940028878
LARIMER COUNTY
LARIMER COUNTY
ZONING - (RR-2)
RURAL RESIDENTIAL
LEGEND
MOOR ZONING MAP
CITY OF FORT COLLINS, COLORADO
Situate in the Northwest Quarter of Section 10, Township 7 North, Range 69 West of the 6th P.M.,
County of Larimer, State of Colorado.
3.368 ACRES
MAJESTIC SURVEYING, LLC 1111 DIAMOND VALLEY DRIVE #104, WINDSOR, CO 80550
PROJECT NO: 2025001
DATE: 2-17-2025
DRAWN BY: MAK
NAME: 2000 LAPORTE
FILE NAME: 2025001ZONING
CLIENT: LIAM MOOR, LLC
CHECKED BY: SIP SCALE: 1" = 50'
1
SHEET 1 OF 1
REVISIONS:DATE:
BASIS OF BEARINGS AND LINEAL UNIT DEFINITION
Assuming the South line of the Southwest Quarter of the Northwest Quarter of Section 10,
Township 7 North, Range 69 West of the 6th P.M. monumented as shown on this drawing, as
bearing South 89°31'38" East, being a Grid Bearing of the Colorado State Plane, North Zone,
North American Datum 1983/2011, a distance of 1324.95 feet and with all other bearings
contained herein relative thereto.
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot".
PROPERTY DESCRIPTION
A parcel of land, situate in the Northwest Quarter (NW1/4) of Section Ten (10), Township Seven North (T.7N.),
Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and
being more particularly described as follows:
COMMENCING at the West Quarter corner of said Section 10 and assuming the South line of the Southwest Quarter of the
Northwest Quarter (SW1/4NW1/4) of Section 10 as bearing South 89°31'38” East, being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 1324.95 feet, monumented
by a #6 rebar with 2.5” aluminum cap stamped LS 29407 at the West Quarter corner and a #6 rebar with a 2.5” aluminum
cap stamped LS 31169 at the Center-West 1/16th corner
and with all other bearings contained herein relative thereto;
THENCE South 89°31'38” East, along said South line, a distance of 280.00 feet to the Southeast corner of the Kennedy's
West LaPorte Avenue Annexation as recorded November 14, 1972 as Reception No. 42752 of the Larimer County Clerk &
Recorder (LCCR) and to the POINT OF BEGINNING;
Thence along the East and North lines and extensions thereof, said Reception No. 42752, the following four courses:
THENCE North 00°35'52” East a distance of 30.00 feet;
THENCE North 89°31'38” West a distance of 30.00 feet to an extension of the West line of that parcel as described in the
General Warranty Deed as recorded November 30, 2021 as Reception No. 20210108643 of the LCCR;
Thence along the West, South, North and East lines and extensions thereof, the following five courses:
THENCE North 00°35'52” East a distance of 150.00 feet;
THENCE North 89°31'38” West a distance of 199.92 feet to the Easterly Right of Way line of Taft Hill Road and to the
Easterly line of the Sanctuary on the Green Annexation as recorded November 16, 2018 as Reception No. 20180069904 of
the LCCR;
THENCE North 00°37'24” East, along said Easterly lines a distance of 473.87 feet;
THENCE South 89°22'36” East a distance of 280.53 feet;
THENCE South 00°32'39” West a distance of 653.13 feet to the North line of the City Park Prospect Park and Grandview
Cemetery Annexation;
THENCE North 89°31'38” West a distance of 51.43 feet to the POINT OF BEGINNING.
Said described parcel of land contains 146,728 Square Feet or 3.368 Acres, more or less (±).
NOTICE
According to Colorado law you must commence any legal action based upon any
defect in this survey within three years after you first discover such defect. In no event
may any action based upon any defect in this survey be commenced more than ten
years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012)
VICINITY MAPSCALE: 1" = 2000'
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TITLE COMMITMENT NOTE
This survey does not constitute a title search by Majestic Surveying, LLC to determine
ownership or easements of record.
SURVEYOR'S CERTIFICATE
I, Steven Parks, a Colorado Licensed Professional Land Surveyor, do hereby state that this Subdivision Plat was prepared from an
actual survey under my personal supervision, that the monumentation as indicated hereon were found or set as shown, and that the
forgoing Plat is an accurate representation thereof, all this to the best of my knowledge, information and belief.
Steven Parks - On Behalf of Majestic Surveying, LLC
Colorado Licensed Professional Land Surveyor #38348
APPROVED AS TO FORM, CITY ENGINEER
By the City Engineer, City of Fort Collins, Colorado this _____ day of _____________________, 20___.
________________________________
City Engineer
APPROVED CITY CLERK
The Plat to be known as MOOR ZONING MAP to the City of Fort Collins, County of Larimer, State of Colorado by
Ordinance No.________________________________ passed and adopted on final reading at a regular meeting of the
City Council of Fort Collins, Colorado, held on the _____ day of _____________________, 20___.
________________________________
City Clerk
Feet
0 50 100
FLOOD PLAIN NOTE
Portions of the subject property is within the City of Fort Collins West Vine Floodplain. Floodplain lines
shown are approximate and are not to be relied upon for any improvements or construction.
ZONING NOTE:
CURRENT LARIMER COUNTY ZONING:
RR2 = RURAL RESIDENTIAL (2)
CC = COMMERCIAL CORRIDOR
PROPOSED CITY OF FORT COLLINS ZONING:
(LMN)= LOW DENSITY MIXED-USE NEIGHBORHOOD
Page 224
Item 17.
7,064
1,177.4
Fort Collins Structure Plan
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS
895.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet895.00447.50
Notes
Legend
5,367
Growth Management Area
City Limits
Community Separator
Adjacent Planning Area
Structure Plan
Adjacent Planning Area
Campus District
Community Separator
Downtown District
Industrial District
Mixed Employment District
Mixed Neighborhood
Neighborhood Mixed Use District
Parks and Natural/Protected Lands
R&D/Flex District
Rural Neighborhood
Suburban Mixed Use District
Suburban Neighborhood
Urban Mixed Use District
World_Hillshade
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Item 17.
7,064
1,177.4
Existing Zoning
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS
895.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet895.00447.50
Notes
Legend
5,367
Parcels
City Zoning
Community Commercial (CC)
Community Commercial North College (CCN)
Community Commercial Poudre River (CCR)
General Commercial (CG)
Limited Commercial (CL)
Service Commercial (CS)
CSU
Downtown (D)
Employment (E)
Harmony Corridor (HC)
Industrial (I)
High Density Mixed-Use Neighborhood (HMN)
Low Density Mixed-Use Neighborhood (LMN)
Manufactured Housing (MH)
Medium Density Mixed-Use Neighborhood (MMN)
Neighborhood Commercial (NC)
Old Town District - A (OT-A)
Old Town District - B (OT-B)
Old Town District - C (OT-C)
Public Open Lands (POL)
River Conservation (RC)
River Downtown Redevelopment (RDR)
Residential Foothills (RF)
Low Density Residential (RL)
Rural Lands District (RUL)
Transition (T)
Urban Estate (UE)
Lighting Context Areas
LC0 - No ambient lighting
LC1 - Low ambient lighting
LC2 - Moderate ambient lighting
LC3 - Moderately high ambient lighting
Page 227
Item 17.
7,064
1,177.4
Existing Lighting Context Areas
This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only. Data layers that appear on this
map may or may not be accurate, current, or otherwise reliable.City of Fort Collins - GIS
895.0
1:
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet895.00447.50
Notes
Legend
5,367
Parcels
Lighting Context Areas
LC0 - No ambient lighting
LC1 - Low ambient lighting
LC2 - Moderate ambient lighting
LC3 - Moderately high ambient lighting
City Limits
World_Hillshade
Page 228
Item 17.
1
Planning and Zoning Commission Hearing Memorandum
Date: August 27, 2025
To: Mayor and City Councilmembers
From: Arlo Schumann, City Planner, Comm Dev & Neighborhood Services,
aschumann@fcgov.com
Subject: August 21, 2025, Planning and Zoning Commission Hearing: Moor Annexation
and Zoning
Bottom Line
The purpose of this memo is to document the summary of discussions during the (August 21,
2025) Planning and Zoning Commission (PZC) hearing regarding the annexation and
associated zoning for the Moor Annexation. The Moor Annexation was a consent item pulled for
discussion by members of the public. The Planning and Zoning Commission recommended City
Council annex and zone the Moor Annexation into the Low Density Mixed-Use Neighborhood
District (LMN) zone district 5-0 at the Commission’s August 21, 2025, hearing. The Commission
also recommends placing the site in the Residential Sign District and the LC1 Lighting Context
Area.
Discussion Summary
The Moor Annexation was scheduled to be a consent item for the hearing. Several members of
the public requested the item be pulled from the consent agenda for discussion.
Public comments were primarily focused on whether LMN zoning was appropriate to the
neighborhood and in alignment with City Plan and the Northwest Subarea Plan guidance, along
with what project intensity LMN zoning would allow. The public shared concerns about
development compatibility and intensity, traffic, pedestrian safety, building height, density, water
runoff and flood mitigation, and general infrastructure capacity.
The Commission discussion and deliberation centered on confirming the guidance of the city’s
structure plan (part of City Plan) and the Northwest Subarea Plan provides for the property.
Additional discussion about any future project’s requirements as they relate to the zoning
standards, the general Land Use Code standards as well as the applicable subarea plan
Page 229
Item 17.
2
recommendations, noting that many of the public’s concerns are addressed during a project
specific project development review and that both the Land Use Code as well as the Northwest
Subarea plan are used in that review process.
Follow -up Items
Provide draft meeting minutes of the August 21, 2025 PZC hearing for second reading.
Page 230
Item 17.
-1-
ORDINANCE NO. 145, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT
COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE
PROPERTY INCLUDED IN THE MOOR ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO, AND APPROVING
CORRESPONDING CHANGES TO THE RESIDENTIAL
NEIGHBORHOOD SIGN DISTRICT MAP AND LIGHTING
CONTEXT AREA MAP
A. On September 16, 2025, the City Council adopted on second reading
Ordinance No. 144, 2025, annexing to the City of Fort Collins the property known as the
Moor Annexation (the “Property”).
B. Division 6.1.1 of the Land Use Code of the City of Fort Collins establishes
the Zoning Map and Zone Districts of the City.
C. Division 6.25.1 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land .
D. Pursuant to Land Use Code Sections 6.10.3 and 6.25.2, the City Planning
and Zoning Commission, at its meeting on August 21, 2025, unanimously on a 5-0 vote
(Commissioners Stackhouse and Bruxvoort absent) zoning the Property as Low Density
Mixed-Use Neighborhood District (LMN), as more particularly described below and
determined that the proposed zoning is consistent with the City’s Comprehensive Plan.
The City Planning and Zoning Commission also unanimously recommended that the site
be placed in the Residential Sign District pursuant to Land Use Code Section 5.16.1 and
the LC1 Lighting Context Area pursuant to Land Use Code Section 5.12.1(H).
E. The City Council has determined that the proposed zoning of the Property
is consistent with the City’s Comprehensive Plan.
F. To the extent applicable, the City Council has also analyzed the proposed
zoning against the applicable criteria set forth in Section 6.25.4(H)(3) of the Land Use
Code and finds the proposed zoning to be in compliance with all such criteria.
G. In accordance with the foregoing, the City Council has considered the
zoning of the Property as described below, finds it to be in the best interests of the City,
and has determined that the Property should be zoned as provided hereafter.
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 Zoning Map of the City of Fort Collins adopted pursuant to
Section 6.1.2 of the Land Use Code of the City of Fort Collins is hereby changed and
Page 231
Item 17.
-2-
amended by including in the Low Density Mixed-Use Neighborhood (LMN) zone district
the Property more particularly described as:
A parcel of land, situate in the Northwest Quarter (NW1/4) of Section Ten (10),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth
Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more
particularly described as follows:
COMMENCING at the West Quarter corner of said Section 10 and assuming the
South line of the Southwest Quarter of the Northwest Quarter (SW1/4NW1/4) of
Section 10 as bearing South 89°31'38” East, being a Grid Bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datu m 1983/2011,
a distance of 1324.95 feet, monumented by a #6 rebar with 2.5” aluminum cap
stamped LS 29407 at the West Quarter corner and a #6 rebar with a 2.5” aluminum
cap stamped LS 31169 at the Center-West 1/16th corner and with all other
bearings contained herein relative thereto;
THENCE South 89°31'38” East, along said South line, a distance of 280.00 feet to
the Southeast corner of the Kennedy's West LaPorte Avenue Annexation as
recorded November 14, 1972 as Reception No. 42752 of the Larimer County Clerk
& Recorder (LCCR) and to the POINT OF BEGINNING;
Thence along the East and North lines and extensions thereof, said Reception No.
42752, the following four courses:
THENCE North 00°35'52” East a distance of 30.00 feet;
THENCE North 89°31'38” West a distance of 30.00 feet to an extension of the
West line of that parcel as described in the General Warranty Deed as recorded
November 30, 2021 as Reception No. 20210108643 of the LCCR;
Thence along the West, South, North and East lines and extensions there of, the
following five courses:
THENCE North 00°35'52” East a distance of 150.00 feet;
THENCE North 89°31'38” West a distance of 199.92 feet to the Easterly Right of
Way line of Taft Hill Road and to the Easterly line of the Sanctuary on the Green
Annexation as recorded November 16, 2018 as Reception No. 20180069904 of
the LCCR;
THENCE North 00°37'24” East, along said Easterly lines a distance of 473.87 feet;
THENCE South 89°22'36” East a distance of 280.53 feet;
THENCE South 00°32'39” West a distance of 653.13 feet to the North line of the
City Park Prospect Park and Grandview Cemetery Annexation;
THENCE North 89°31'38” West a distance of 51.43 feet to the POINT OF
BEGINNING.
Said described parcel of land contains 146,728 Square Feet or 3.368 Acres, more
or less (±).
Page 232
Item 17.
-3-
Section 2. The Sign District Map adopted pursuant to Section 5.16.1(M) of the
Land Use Code of the City of Fort Collins is hereby changed and amended by showing
that the Property described herein is included in the Residential Neighborhood Sign
District.
Section 3. The Lighting Context Area Map adopted pursuant to Section
5.12.1(H) of the Land Use Code of the City of Fort Collins is hereby changed and
amended by showing that the Property described herein is in the LC1 Lighting Context
Area.
Section 4. The City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading on September 2, 2025, and
approved on second reading for final passage on September 16, 2025.
______________________________
Mayor
ATTEST:
______________________________
Sr. Deputy City Clerk
Effective Date: September 26, 2025
Approving Attorney: Brad Yatabe
Exhibit: None
Page 233
Item 17.
File Attachments for Item:
18. Resolution 2025-080 Adopting the 2025 Fort Collins Utilities Water Efficiency Plan .
The purpose of this item is to adopt the 2025 Fort Collins Utilities Water Efficiency Plan.
The 2025 Fort Collins Utilities Water Efficiency Plan (WEP) sets water efficiency goals and
identifies strategies (such as voluntary incentives, policy, infrastructure tools, and education) to
meet the goals, with a focus on treated water use within the Fort Collins Utilities (Utilities) water
service area. The WEP update followed State guidelines and involved extensive public and staff
engagement, quantitative analyses, and an equity evaluation.
The State of Colorado requires that retail water providers have a State-approved water
efficiency plan that is updated periodically. Following Council adoption, staff will submit the 2025
WEP to the Colorado Water Conservation Board for final approval.
Page 234
City Council Agenda Item Summary – City of Fort Collins Page 1 of 6
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Alice Conovitz, Water Conservation Specialist
Mariel Miller, Water Conservation Manager
SUBJECT
Resolution 2025-080 Adopting the 2025 Fort Collins Utilities Water Efficiency Plan.
EXECUTIVE SUMMARY
The purpose of this item is to adopt the 2025 Fort Collins Utilities Water Efficiency Plan.
The 2025 Fort Collins Utilities Water Efficiency Plan (WEP) sets water efficiency goals and identifies
strategies (such as voluntary incentives, policy, infrastructure tools, and education) to meet the goals, with
a focus on treated water use within the Fort Collins Utilities (Utilities) water service area. The WEP update
followed State guidelines and involved extensive public and staff engagement, quantitative analyses, and
an equity evaluation.
The State of Colorado requires that retail water providers have a State-approved water efficiency plan that
is updated periodically. Following Council adoption, staff will submit the 2025 WEP to the Colorado Water
Conservation Board for final approval.
STAFF RECOMMENDATION
Staff recommend adoption of the Resolution.
BACKGROUND / DISCUSSION
The WEP outlines the Utilities approach to manage water use and efficiency amid increasing supply and
demand pressures, including climate impacts and population growth. The 2025 WEP will replace the
current WEP, which was completed in 2015.
GOALS AND STRATEGIES
The updated WEP sets two goals intended to lower water use to minimize the frequency and magnitude of
future water shortages, build long-term landscape resilience, and encourage the City to continue leading
by example. These goals reflect community feedback, staff input, and a commitment to act now to prepare
for a hotter and more variable climate.
Page 235
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 6
Goal 1: Reach 4% Annual Reduction in Water Use by 2040
This goal applies to all customer sectors, including homes, businesses, and City operations, and aims to
reduce the risk of water shortages.
Target 1.1: By 2040, lower overall annual treated water use by 320 million gallons (MG), or 980 acre-
feet (AF), below projected water use
Target 1.2: Double the volume of savings from efficiency strategies by 2040, relative to 202 0-2024
average performance
Target 1.3: Lower treated water use at City properties by a total cumulative volume of 5 MG (15 AF) by
2040
Goal 2: Improve Efficiency and Resilience on Public Landscapes
Target 2.1: The City will complete at least seven new projects on City landscapes by 2040. These
projects aim to improve drought resilience, reduce raw or treated water use, and reinforce the City’s
role as a leader in water efficiency.
Utilities will advance water efficiency efforts through over 70 existing or new strategies based on the
following core approaches:
Behavioral strategies that include actions like outreach, education, water use benchmarking, and
technical assistance for water-efficient practices.
Regulatory strategies that build on existing requirements for landscapes, buildings, and development
standards.
Infrastructure opportunities that include maximizing the benefits of existing advanced metering
technology to offer customer data access, leak detection and notifications, and reducing water loss
through distribution system maintenance.
Economic strategies that include rebates, financial assistance, and pricing structures that incentivize
efficiency.
Efficiency strategy selection was based on estimated water savings, cost, customer reach, co-benefits
including equitable and environmental outcomes, feasibility, and community acceptance. Staff intend to
gradually implement new strategies over the next several years to align with staff capacity and allow time
for planning. Some strategies may also require Council review and approval (e.g., policy changes) or
funding acquisition prior to implementation.
IMPACT OF EFFICIENCY AND CONNECTION TO OVERALL WATER PLANNING
Utilities estimates that full implementation of the programs, projects, and policies outlined in this WEP will
meet the 320 MG savings target (Target 1.1) by lowering treated water demand by up to 314 MG per year
by 2040 through programs and projects, while regulatory changes could lower annual demands by an
additional 46 MG per year. Other factors such as rate or fee changes could further impact demand. By
supporting efficient water use across residential, commercial, and municipal sectors, the WEP helps build
long-term water resilience for the Utilities system and the customers it serves.
Achieving WEP goals should benefit our community by:
Minimizing the frequency and magnitude of water shortages
Offsetting a portion of higher demand driven by increasing temperatures from climate change1
1 Staff analyses indicated that achieving the 320 MG savings identified in Target 1.1 could offset higher water use driven by an
average increase in monthly maximum temperature of approximately 2°F by 2040, which is a plausible future scenario for
Fort Collins based on climate models.
Page 236
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 6
Reducing barriers, expanding access to efficiency opportunities
Building resiliency in City-owned landscapes to prepare for a hotter future
Prioritizing water use for landscape elements that most benefit the community and environment
Creating highly visible projects that inspire water-saving actions by people and businesses
The WEP embodies the City’s One Water commitment—managing water holistically to promote healthy
watersheds, resilient communities, and water equity. The WEP update aligns with City and State policies
and plans including 2024-2026 Council Priority 7, the Water Supply and Demand Management Policy, and
the Colorado Water Plan, as well as:
City of Fort Collins’ Strategic Objective ENV 2: Sustain the health of the Cache la Poudre River and
regional watersheds while delivering a resilient, economically responsible and high-quality water supply
for all Fort Collins residents.
Our Climate Future: BIG MOVE 3 Climate Resilient Community: People, buildings, watersheds and
ecosystems are prepared for the threats of climate change.
Alignment with Other Water Providers
Certain areas within city limits are served by neighboring water providers (Attachment 1). The largest
adjacent water providers, East Larimer County Water District and Fort Collins-Loveland Water District,
each have their own water efficiency plans2 that describe goals and strategies for their service areas. Staff
met with both organizations to discuss the WEP update and to share information and seek opportunities
for alignment and collaboration. We value these partnerships and continue to look for ways to collaborate
through information-sharing, planning, messaging, and efficiency strategies.
Historic and Projected Water Demand
The WEP applies mainly to treated water use in Utilities water service area (Attachment 1), which
encompasses about 60% of the city geographic area and about 80% of the population. The factors below
highlight key historic trends.
Utilities currently provides over 5.7 billion gallons of treated water3 each year to approximately
33,000 residential and 3,500 commercial customer accounts. The 2024 estimated residential
population served was 139,300.
Residential customers use about 64% of the treated water delivered each year and commercial
customers use about 34%, on average. Nearly 2% is used at City-owned properties, supporting
recreation, landscapes, and facilities.
Indoor water use accounts for about 55% of total treated water used each year, while outdoor and
seasonal uses are about 45% of the annual total on average.
Per-person use averages 135 gallons per capita per day (GPCD). Since 2000, the population has
grown by 28% while overall water demand has decreased by 42% per capita, although that rate of
decrease has slowed in recent years.
2 The East Larimer County Water District WEP was updated in 2024 and is available online here:
elcowater.org/water-efficiency-plan. The Fort Collins-Loveland Water District WEP was updated in 2023 and is
available online here: fclwd.com/wp-content/uploads/2025/03/2023-FCLWD-Water-Efficiency-Plan-Update-Final-6-
4-2024.pdf
3 Utilities provides additional water to meet obligations including large industrial and wholesale customers.
Demands presented in this AIS include distribution system losses and exclude wholesale and unique large
contractual deliveries, which are not a primary focus of conservation activities. Similarly, in general raw (untreated)
water use is managed through agreements separate from Utilities and is not subject to Utilities’ jurisdiction, so it is
not a focus of the WEP.
Page 237
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 6
Total estimated non-revenue losses from treatment and distribution (including physical leaks and
apparent losses like unbilled uses or data inaccuracies) were 312 MG per year on average from 2019-
2024. The average loss per connection for Utilities is similar to other utilities in Colorado.
Current water efficiency programs have lowered overall annual water demand by 155 MG (about 2.3%)
on average from 2020-2024. The 2024 Water Conservation Annual Report (Attachment 2) summarizes
recent treated water demands and current efficiency program savings.
o A portion of estimated annual savings will persist, such as savings from efficient toilet a nd
landscape installations.
o Other factors – such as efficiency strategies like education campaigns and external influences like
weather – also affect demand, but their impacts are difficult to quantify. As a result, they are not
included in annual water savings totals.
Overall water demand is expected to increase due to rising temperatures and residential and commercial
growth (Figure 1). Although future demand cannot be predicted with certainty, implementing active water
efficiency strategies can lower future demand.
Figure 1. Historical and range of projected treated water use under possible future climate and growth scenarios. (Includes
customer demands and non-revenue losses and excludes wholesale and contractual obligations.)
CITY FINANCIAL IMPACTS
Water efficiency is a cost-effective tool for maximizing the benefits of existing water supplies. While the
adoption of the WEP does not require additional budget appropriation, achieving its goals is expected to
require future investments. Any such requests would go through the standard budget approval process.
Financial considerations include the following:
Staffing: Estimated need for 1 additional full-time employee by 2027
Program implementation: Funding materials, incentives, and staff will primarily come from reallocating
existing Water Conservation Department budget appropriation.
City-owned efficiency projects: Departmental funding to support City water use and landscape
resilience projects, supplemented by funded budget for incentives from the Water Conservation
Department, and alignment with initiatives such as the 2050 tax or and Nature in the City.
12,000
16,000
20,000
24,000
28,000
4,000
6,000
8,000
10,000
20
0
0
20
0
5
20
1
0
20
1
5
20
2
0
20
2
5
20
3
0
20
3
5
20
4
0
Ac
r
e
-Fe
e
t
Mi
l
l
i
o
n
G
a
l
l
o
n
s
20-yr
average
Page 238
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 6
Other funding sources: Staff will continue to seek external funding, such as the recently received
$13,000 Sonoran Institute award for technical assistance related to WEP strategy implementation.
Revenue variability: Water efficiency is one of many factors influencing demand. For example, since
2015, annual billed water demand has varied by -12% to +10% from the 10-year average. The Goal 1
targeted reduction of 4% falls within the range of historical variability.
Cost savings from conservation: The City’s investment in water efficiency helps manage Utilities’ costs,
support long-term adaptation to climate change, and avoids future costs of inaction.
o Reduced or delayed water supply acquisition: In 2024, staff estimated that acquiring new water
rights cost about $0.20 per gallon, compared to less than $0.01 per gallon saved through Water
Conservation programs.
o Deferred capital investments: Water efficiency and decreasing per-person water use trends were
considered during federal permitting that reduced the Halligan Water Supply Project size.
o Avoiding climate-related costs: Although these costs are hard to predict, one example is the
potential damage to Fort Collins’ public trees if water shortages were more frequent. The City’s
trees have an estimated total replacement value of $112 million and provide numerous benefits.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Staff visited the following boards and commissions to seek feedback on the draft WEP. Meeting minutes
and recommendations are provided in Attachments 3-6. Attachment 7 summarizes changes incorporated
into the WEP as a result of feedback received on the public comment draft.
Planning and Zoning Commission – May 15, 2025
Natural Resources Advisory Board – May 21, 2025
Parks and Recreation Advisory Board – June 25, 2025
Water Commission – July 17, 2025
During the WEP development process, staff sought feedback from Council at work sessions on February
14, 2024 and February 25, 2025.
PUBLIC OUTREACH
Feedback from community members was critical to the development of water efficiency goals, selection of
efficiency strategies, and consideration of equity in the selection process. From 2023 through June 2024,
engagement captured over 5,000 touchpoints via:
Survey (1,319 community responses)
Our City web page
Advertisements
In-person meetings hosted by community consultants
Focus groups and meetings with targeted water users including City departments, HOAs, and small
businesses
Meetings with community members who identify with one or more disproportionately impacted groups,
including mobile home park residents, non-English speakers, renters, and students
Consultant-led one-on-one interviews
Input from the City’s Climate Equity Committee
Page 239
Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 6
Staff sought to make it easier for people to participate through collaborating with community consultants,
providing Spanish translations, hard copies of the survey, tabling in public spaces, hosting meetings
outside typical working hours, and providing food, childcare, and conservation giveaways at meetings.
Public Comment Period
Public comments on the draft WEP were received from April 23 to June 23, 2025. During this time, the
draft WEP was posted online, and community members could submit comments there or through direct
email to staff. Staff promoted the public comment period through a Utilities bill insert, social media, emails,
newsletters, websites, and public events.
Staff received eight online forms and one direct email during the public comment period. Of these
responses, most indicated that the WEP goals and strategies were understandable and appropriate for our
community. Although respondents indicated that strategies targeted the right water uses, responses
specified they might not do enough to support customers. Write-in comments generally aligned with the
feedback received during WEP development.
The Memorandum from Staff to Water Commission attachment summarizes changes incorporated into the
WEP as a result of feedback received on the public comment draft.
ATTACHMENTS
1. Utilities Water Service Area Map
2. 2024 Water Conservation Annual Report
3. Memorandum from Natural Resources Advisory Board
4. Letter from Parks and Recreation Advisory Board
5. Planning and Zoning Commission Minutes, May 15, 2025
6. Water Commission Minutes, July 17, 2025 (draft)
7. Memorandum from Staff to Water Commission
8. Resolution 2025-080
Page 240
Item 18.
Page 241
Item 18.
• Rebated 876 high-efficiency rotary nozzles saving over 1.3
million gallons (MG) of water annually.
• Sent 12,853 Leak Alerts, helping customers fix leaks sooner
saving an estimated 111 MG of water.
• Reviewed 276 irrigation designs, ensuring new commercial
landscapes meet high-efficiency irrigation codes.
• Welcomed 830 attendees to EcoFest/Xeriscape Garden Party
and helped 3,300 plants find new owners at the NoCo Native
Plant Swap.
• Provided 600 showerheads and 1,000 sink aerators at a large multi-
unit residential complex saving 3 MG of water. Customers received
the equipment and installation for free through Efficiency Works.
• Completed 77 residential and commercial Xeriscape Incentive
Program (XIP) projects.
• Updated City Code to limit landscapes on new commercial and multi-
unit residential developments to no more than an average 11 gallons
per square foot of water per year, which is 25% less than prior
code requirements.
• Engaged with the community and stakeholders to gather input
from over 5,000 interactions, helping shape the next
Water Efficiency Plan. The plan will establish
new goals for water use across the
City and community, along with
the strategies to achieve them.
Adoption is anticipated in 2025.
Fort Collins Utilities has a strong commitment to ensuring the
efficient and responsible use of our natural resources. Our
Water Conservation Program started in 1977 and we continue to
innovate how we help the community use water wisely.
135 GPCD | Gallons per Capita per Day (GPCD) is a way to
measure how much water, on average, each person uses
per day. It includes all water use—at home, at work, and in
businesses—divided by the number of people who live here.
We’re progressing toward our current goal of lowering use to
130 GPCD by 2030.
WATER CONSERVATION BY THE NUMBERS2024
Since 2016, 581
XIP participants
have renovated 33
acres of Fort Collins
landscape to reduce
their total annual
outdoor water use
by 8.6 MG.
2024 ACCOMPLISHMENTS
Page 242
Item 18.
2,224 homes’ annual water use was saved in 2024 based on average detached-home use.
WATER DEMAND BY MONTH
0
100
200
300
400
500
600
700
800
900
1000
JAN FEB MAR APR MAY JUN JUL AUG OCT NOV DECSEPT
Commercial - Outdoor | 1195 MG
Residential - Outdoor | 1449 MG
Commercial - Indoor | 1193 MG
Residential (Multi-Unit Dwelling) - Indoor | 890 MG
Residential (Detached & Duplex) - Indoor | 1253 MG
10-Year Average
Bi
l
l
e
d
W
a
t
e
r
U
s
e
,
M
i
l
l
i
o
n
G
a
l
l
o
n
s
Months
ESTIMATED WATER SAVINGS OF PROGRAMS AND SERVICES
RESIDENTIAL
RESIDENTIAL TOTAL70.1 MG COMMERCIAL TOTAL109.5 MG
TOTAL ANNUALSAVINGS:179.6
million gallons
TOTAL3.6
million gallons
E cient Product Installations
(Larimer County): 3,624,309
Indoor Water Savings Indoor Water Savings
E ciency Rebates: 5,085,926
E cient Product
Installations: 287,579
TOTAL5.4
million gallons
Outdoor Water SavingsTOTAL2.0
million gallons Landscape Conversions: 443,508
Irrigation Rebates: 1,510,158
TOTAL1.9
million gallons
Sprinkler Checkups: 830,000
Landscape Conversions: 1,045,170
Outdoor Water Savings
TOTAL64.6
million gallons
Home Water Reports: 53,000,000
E ciency Rebates: 3,258,059
Continuous Consumption
(Leak) Notifications: 8,325,962
Combination Savings
Combination Savings
Continuous Consumption (Leak)
Notifications: 102,193,435
TOTAL102.2
million gallons
Page 243
Item 18.
MEMORANDUM
NATURAL RESOURCES ADVISORY BOARD
DATE: June 18, 2025
TO: Mayor and City Council Members
FROM: Natural Resources Advisory Board
SUBJECT: Water Efficiency Plan
Dear Mayor and Councilmembers,
On May 21, 2025, Alice Conovitz (Water Conservation Specialist) presented to the Natural
Resources Advisory Board regarding potential updates to the Water Efficiency Plan. The updated
WEP sets two new goals and includes a number of strategies intended to reduce risk and impact
of water shortages by (1) reaching a 4% annual reduction in water demand by 2040 and 2)
improving water efficiency and building resilience on City-owned landscapes.
The Natural Resources Advisory Board would like to express its support for the proposed Water
Efficiency Plan goals. As a Board dedicated to preserving natural resources for the benefit of
future generations and grounded firmly in science, we are concerned about the future of water
access and availability, not only in Fort Collins, but across the Western United States. We see this
update, which took analysis of historical and projected future water use and efficiency savings
under a range of climate and growth predictions, as being in alignment with the Our Climate
Future Big Move #3 - Climate Resilient Community and City Council Priority #7: Protect
community systems in an integrated way to ensure resilient water resources and healthy
watersheds.
However, we do not believe the menu of strategies go far enough. Items we would like to see
considered include:
● Given the support for regulatory strategies expressed in customer surveys, Utilities
should consider pursuing more regulatory measures.
● Projects for turf-to-xeric conversions on City-owned property should be designed to
maximize co-benefits such as insect and pollinator habitat and native plant restoration;
water savings should not be the only selection/design criterion.
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Item 18.
● On-bill financing should not be limited to high-cost projects and multi-year loans, but
rather should be available to income-qualified customers for lower-cost equipment
replacements and landscape/irrigation conversions.
● One survey theme was that it’s critical to engage HOAs, landscaping professionals, and
realtors; Utilities should explore more strategies targeted at these groups.
● Develop more educational materials pertaining to climate-based scenarios in reference to
the “cost of inaction” to elevate the seriousness of water scarcity in the Northern
Colorado landscape.
● Examine recognition programs at various scales (E.g., individual household,
neighborhood, business, etc.) to promote conservation behavior change.
Thank you for your time and consideration of this policy decision that will have long-term
impacts on future community resilience and health.
Very respectfully,
Kelly Stewart
Chair, Natural Resources Advisory Board
cc: Kelly DiMartino, City Manager
Jacob Castillo, Chief Sustainability Officer
Honore Depew, NRAB Staff Liaison and Climate Program Manager
Kelly Ohlson, City Council Liaison to the NRAB
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Item 18.
Dear City Leaders and City Council,
The Parks and Recreation Advisory Board is pleased to offer our support for the adoption of the 2025
Water Efficiency Plan (WEP).
We believe water efficiency is both a right and a shared responsibility for every neighbor of Fort Collins.
The 2025 WEP outlines a thoughtful, community-driven strategy for managing long-term water use in the
face of climate change and population growth. It establishes two central goals: (1) to reduce overall
annual treated water demand by 4% by 2040, and (2) to improve water efficiency and landscape resilience
across all City-owned properties. These goals had firm foundations established through comprehensive
community engagement and represent a proactive approach to reducing the risk of shortages, managing
costs, and promoting equitable, climate-resilient outcomes.
City operations account for just 1.8% of treated water use and the WEP reinforces that the City’s role is
both operational and transformational. The opportunity for Fort Collins to set the example and provide
updated programmatic support for residential, commercial, and institutional users is clear.
As much of Fort Collins’ future growth will occur outside the City’s water utility service area, tighter
partnerships and programmatic integrations with service providers such as East Larimer County Water
District (ELCO) and Fort Collins-Loveland Water District (FCLWD) are essential to achieving the
WEP’s goals. Without alignment across providers, new development risks falling short of the water
efficiency standards Fort Collins has committed to. These challenges are both well-known and well-
documented.
We support the WEP’s call for programmatic updates that enable more cohesive, collaborative water
strategies—especially in sharing data, tracking progress, and engaging partners like HOAs, schools, and
commercial users. True water resilience will be within reach when efficiency programs are seamless and
inclusive, regardless of a neighbor’s water provider.
As stewards of public parks and recreation spaces, we recognize the opportunity and responsibility to
model water-wise practices. The WEP provides a clear framework for continued innovation from parks to
medians to alleyways to open space, ensuring each investment supports our broader environmental and
public health goals. We commend City staff for their forward-thinking work and leadership in these areas.
We particularly appreciate the WEP’s emphasis on making efficiency both visible and accessible,
ensuring that City lands and buildings demonstrate best practices for the broader community. We look
forward to supporting the plan’s implementation through continued planning, education, and collaborative
stewardship of Fort Collins’ valued outdoor and indoor spaces.
With our thanks to Alice Conovitz, Madeline Duke, staff from Water Conservation, Parks, and other
departments, and the consultant teams from INTERA and Lotus Engineering and Sustainability for their
thoughtful work, the Parks and Recreation Advisory Board offers our support for the adoption of the 2025
Water Efficiency Plan (WEP).
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Item 18.
The Parks and Recreation Advisory Board
c/o Nick Armstrong, Board Chair
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Item 18.
Planning & Zoning Commission
REGULAR MEETING
May 15, 2025 – 6:00 PM
Council Chambers, City Hall 300 Laporte Ave
Also via Zoom
CALL TO ORDER: 6:00 PM
ROLL CALL
a. Board Members Present – Adam Sass (Newly Elected Chair), Russell Connelly (Newly Elected
Vice Chair), Ted Shepard, York, Kent Bruxvoort
b. Board Members Absent – Julie Stackhouse, Shirley Peel
c.Staff Members Present – Frickey, Kidwell, Beals, Kleer, Conovitz, Myler, Yatabe, Sawyer,
Gilchrist
AGENDA REVIEW
Clay Frickey, Planning Manager, provided a review of the agenda.
CITIZEN PARTICIPATION
None.
CONSENT AGENDA
1.CONSIDERATION AND APPROVAL OF THE MINUTES OF MARCH 26, 2025
The purpose of this item is to approve the minutes from the March 26, 2025, meeting of the Planning and
Zoning Commission.
Commissioner York made a motion, seconded by Commissioner Connelly, to approve the
Consent Agenda. Yeas: Connelly, York, Bruxvoort, Shepard, and Sass. Nays: None.
THE MOTION CARRIED.
DISCUSSION AGENDA
2.ELECTION OF OFFICERS
Commissioner Shepard nominated Adam Sass as Chair.
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Item 18.
Commissioner York made a motion, seconded by Commissioner Bruxvoort, that the Planning
Zoning Commission approve the Southwest Corner of Drake and College Overall Development
Plan ODP250002 finding that the overall development plan complies with all applicable Land Use
Code requirements. This decision is based on the agenda materials, the information presented
during the work session and this hearing, and the Commission discussion. The Commission
adopts the information, analysis, findings of fact, and conclusions regarding this ODP contained
in the hearing staff report. Yeas: Bruxvoort, Connelly, Shepard, York, and Sass. Nays: none.
THE MOTION CARRIED.
5. WATER EFFICIENCY PLAN UPDATE
This is a request for Recommendation to City Council for adoption of the
updated Water Efficiency Plan (WEP). The Water Conservation Division,
in partnership with other One Water Utilities teams and City departments,
has updated the WEP, which is a State-required plan for the Fort Collins
One Water Utilities service area. The updated WEP sets two new goals,
and a variety of strategies intended to reduce risk and impact of water
shortages by (1) lowering treated water use across the Utility service
area and (2) building landscape resilience on City-owned properties.
This update incorporated extensive community engagement, analysis of
historical and projected future water use and efficiency savings under a
range of climate and growth predictions, and alignment with City efforts
including Our Climate Future.
STAFF:
Alice Conovitz, Water Conservation Specialist
Staff Presentation
Alice Conovitz, Water Conservation Specialist, provided an overview of the updated Water Efficiency
Plan (WEP), long-term goals for water efficiency in the community, and strategies to meet those goals
by 2040. She stated staff is seeking a recommendation to Council to adopt the updated Water Efficiency
Plan, which is currently out for public comment, input from Boards and Commissions, and a review from
the Colorado Water Conservation Board.
Conovitz stated the WEP focuses on the Fort Collins Utilities water service area, which covers about 80%
of the population and about 60% of the land area of the city. She noted the Plan is required by the State
but is also an important tool as a guide for long-term water use and efficiency. She noted the last Plan
was from 2015, and at that time a goal was set to lower demand to 130 gallons per capita per day by
2030. She stated progress has been made toward that goal, though the only year it was reached was
the very wet year of 2023.
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Item 18.
Conovitz stated the goals and strategies for this update focused on minimizing the risk of water shortage
and using conservation and efficiency as one way to do that. She noted growth and the warming climate
drive demand, which in turn drives more risk for water shortage. She stated the updated WEP provides
two goals that replace the existing goal. The first is a 4% annual reduction in treated water demand by
2040 to reduce the risk of shortages, which includes three targets: to lower the annual treated water
demand by 320 million gallons below projected by 2040, double the volume of savings from efficiency
strategies by 2040, and lower treated water use at City properties by 5 million gallons by 2040. The
second goal is to improve water efficiency and build resilience on City-owned landscapes to benefit the
community and the environment, which includes a target of implementing at least seven projects by 2040.
Conovitz outlined the proposed strategies that will be used to help achieve the goals, including
behavioral, economic, infrastructure, and regulatory strategies. She stated the strategies were prioritized
based on water savings potential, cost, feasibility, equitable outcomes, and acceptance. She stated
public input shows that people like incentives but are open to thoughtful regulation and noted
conservation program savings are considerably cheaper than solutions such as acquiring more water
rights.
Conovitz noted staff is planning to take the final version of the WEP before Council in September for
adoption.
Commission Questions
Commissioner Shepard noted a building permit requires a water supply requirement in addition to a tap
fee and noted if the water supply requirement is based on the number of bedrooms and amount and type
of outdoor landscaping. He asked if a price reduction would be offered on the water supply requirement
to a developer who has a raw water or gray water system. Conovitz replied that capability does not exist
currently as the City is not set up to be able to fully vet the longevity of a well for example.
Mariel Miller, Water Conservation Manager, stated those incentives are not currently built in, but a
broader look at opportunities for incentives to reduce the water supply requirement in exchange for less
water demand on a property is included as a strategy in the WEP.
Chair Sass commented on the large number of various plans in the City.
Commissioner Shepard asked if peer cities have been examined regarding this Plan. Conovitz replied
in the affirmative and noted peer water providers in Fort Collins have also been consulted.
Commission Deliberation
Commissioner York noted the Plan is required and stated the only consideration he may add is a more
aggressive approach.
Commissioner Shepard commended the level of detail in the presentation.
Chair Sass suggested possibly including some references regarding alignment with Our Climate Future.
Conovitz stated there are references to alignment with Our Climate Future and other plans across the
City in various places throughout the WEP.
Public Participation
None.
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Item 18.
Commissioner York made a motion, seconded by Commissioner Shepard, that the Planning and
Zoning Commission recommend that City Council adopt the proposed updated Water Efficiency
Plan because the Plan meets the needs of the City and the State requirements as mentioned
during the hearing. This decision is based on the agenda materials, the information presented
during the work session and this hearing, and the Commission discussion. Yeas: Connelly, York,
Bruxvoort, Shepard, and Sass. Nays: none.
THE MOTION CARRIED.
OTHER BUSINESS
None.
ADJOURNMENT
a.Chair Sass moved to adjourn the P&Z Commission hearing. The meeting was adjourned at
11:22 PM.
Minutes respectfully submitted by Krista Kidwell
Minutes approved by the Chair and a vote of the Board/Commission on 07/17/25.
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Item 18.
07/17/2025 Excerpt from DRAFT Unapproved Minutes Page 1 of 2
Water Commission
REGULAR MEETING Excerpt from DRAFT unapproved minutes
Thursday, July 17, 2025 – 5:30 PM
222 Laporte Ave., 1st Floor, Colorado River Room
1. CALL TO ORDER: 5:31 PM
2. ROLL CALL
a. Commissioners Present (In Person): Chairperson Laura Chartrand, Vice Chair
James Bishop, and Commissioners James Bishop, Richard Kahn, Nick Martin
b. Commissioners Present (via Teams): Commissioners Paul Herman, Nicole Ng,
Greg Steed
c. Commissioners Absent: Commissioner Jordan Radin
d. Staff Members Present (In Person): Jill Oropeza, Katherine Martinez, Joe
Wimmer, Katie Collins, Erik Monahan, Cindy Farnes, Kathryne Marko, Kelly
Wasserbach, Mandy Rasmussen, Christina Schroeder, Andrew Gingerich, Alice
Conovitz, Gregg Stonecipher, Matt Fater, and Jeremy Woolf
e. Guests: None
7. REGULAR (ACTION) ITEMS
c. Water Efficiency Plan (WEP) Request for Recommendation
Water Conservation Specialist Alice Conovitz summarized comments on the
draft plan from the June 5 meeting, and reported that the plan is being
finalized and will be presented to City Council on Sept. 2. Acting Water
Conservation Manager Katie Collins was present as staff support.
Discussion Highlights
Commissioners commented on and inquired about various related topics
including whether any Water Commission feedback was tricky to incorporate
(Ms. Conovitz responded that the Water Commission had asked whether the
plan was doing enough; as a result, staff increased the goal from 3% to 4% by
the year 2040 for reduction in water consumption); number of public
comments totaled eight, and staff outreach efforts were extensive via website,
social media, Utilities bill insert; engagement efforts occurred over many
months and feedback was incorporated into the draft plan; whether the eight
commenters included any major water users (staff didn’t ask for commenters’
identity in the form, but reached out individually to large customers and
received thanks for sharing the information; whether there’s any economic
cost change to City by increasing the water consumption reduction goal from
3% to 4% (staff’s response: impact to revenue due to decreased consumption
over years has resulted in big swings that are weather-driven [increased
precipitation] from year to year that tend to be more than 4%, such as in 2023
a very wet year, which resulted in a 13% decrease in demand relative to
historical data, and staff is expecting less of an impact on revenue with the 4%
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Item 18.
07/17/2025 Excerpt from DRAFT Unapproved Minutes Page 2 of 2
goal); community outreach during plan development was partially grant-
funded, and staff invested heavily in outreach toward community members
who historically don’t participate; question of whether scaling back on money
spent on outreach efforts could go toward other projects or programs (Ms.
Conovitz responded that outreach related to the public comment draft (such as
social media, Utility bill inserts, translation, etc.) was low cost, about a few
hundred dollars); comment that very few members of the public have attended
Water Commission meetings over the past few years, leading to speculation
that people simply aren’t interested; Staff Liaison to the Water Commission Jill
Oropeza (Senior Director of Integrated Sciences and Planning) mentioned
clear direction from City Council on community outreach required, and that the
plan included heavy public engagement during early stages of the plan
development.
Vice Chair Bishop moved to recommend City Council adopt the updated
Water Efficiency Plan.
Commissioner Kahn seconded the motion.
Vote on the motion: it passed unanimously, 8-0
These draft minutes are scheduled to be approved by the Chair and a vote of the Water
Commission on 09/18/25.
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Item 18.
Utilities
222 Laporte Ave.
PO Box 580
Fort Collins, CO 80522
aconovitz@fcgov.com
CC: Katie Collins
Memorandum
Date: July 9, 2025
To: Water Commissioners
Through: Jill Oropeza, Sr. Director, Integrated Water Sciences & Planning
From: Alice Conovitz, Water Conservation Specialist
Subject: 2025 Fort Collins Utilities Water Efficiency Plan: Summary of Final Comments and
Planned Changes
BOTTOM LINE
This memorandum outlines the changes that will be incorporated into the final Water Efficiency
Plan (WEP) as a result of feedback received on the draft WEP from community members, the
Colorado Water Conservation Board (CWCB), and City of Fort Collins Boards and
Commissions. Staff will seek City Council approval of the final WEP at the Sept. 2, 2025
meeting.
As the WEP is intended to be a high-level, goal-setting framework for water efficiency efforts,
some feedback, while valuable, is more appropriately addressed during the implementation
phase, following WEP approval.
Staff provided the draft WEP to Water Commission in the June 5, 2025 meeting materials. It can
also be viewed online at ourcity.fcgov.com/wep.
COMMUNITY COMMENTS AND PLANNED RESPONSES
Fort Collins Utilities (Water Utilities) conducted an extensive public engagement process as part
of preparing the draft WEP (described in the document in Section 3.5 and Appendix B). Public
comments on the draft WEP were received from April 23 to June 23, 2025. During this time, the
draft WEP was posted online and community members could submit comments via an online
form or through direct email to staff. Although the draft was prepared in English only, translation
via Google Translate was available for most sections, and the online comment form was offered
in both English and Spanish. Community members could also request a mailed printed version
of the draft WEP and comment form. Staff promoted the public comment period through a
Utilities bill insert, social media, emails, newsletters, websites, and public events.
Staff received eight online forms and one direct email during the public comment period. They
are summarized as follows:
Goals
• Understandable: 3 Yes, 4 Somewhat, 0 No
• Reflect community values: 3.7 (out of 5)
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Item 18.
• Appropriate for our community: 2 Yes, 4 Somewhat, 1 No
• Applicable to my life: 2 Yes, 4 Somewhat, 1 No
• Ambitious: 4 Yes, 3 Somewhat, 0 No
Strategies
• Understandable: 3 Yes, 4 Somewhat, 0 No
• Applicable to my life: 3 Yes, 4 Somewhat, 0 No
• Target right uses: 4 Yes, 3 Somewhat, 0 No
• Appropriate for our community: 3 Yes, 4 Somewhat, 0 No
• Adequately support customers: 2 Yes, 3 Somewhat, 2 No
Write-in comments generally aligned with the feedback received during WEP engagement. No
changes to the WEP document are planned in response to the comments received.
CWCB COMMENTS AND PLANNED RESPONSES
The Colorado Water Conservation Board (CWCB) is the state’s approving agency for WEPs.
CWCB staff completed an initial red flag review of the draft WEP and found that “it appears to
meet the required criteria.” CWCB requested staff include a more detailed discussion of the
climate change scenarios used in the WEP to evaluate potential future water demands and
savings potential for efficiency strategies.
To address the CWCB comments, staff plan to prepare a detailed climate assessment
memorandum to be provided to CWCB separate from the WEP. Additionally, staff prepared the
following draft text and summary figures intended to be incorporated into WEP Section 1.3.1:
Colorado Climate Center researchers provided a customized analysis of
localized future maximum temperature and precipitation projections for Fort
Collins. This analysis used Coupled Model Intercomparison Project Phase 6
(CMIP60F1) climate datasets that were statistically downscaled using the Localized
Constructed Analogs (LOCA)1F2 method, which yields an ensemble of modeled
climate projections at a localized geographic scale suitable for hydrologic
modeling. The Shared Socioeconomic Pathway scenario SSP2-4.52F3, informally
1 CMIP6, coordinated by the World Climate Research Programme, is the most current set of global
climate model data produced using numerous climate models within an integrated framework. Additional
information is available at pcmdi.llnl.gov/CMIP6.
2LOCA version 2 datasets provide CMIP6 climate model projections over a 6-kilometer grid scale.
Additional information is at loca.ucsd.edu. Dr. David Pierce at the University of California San Diego
Scripps Institution of Oceanography led the development of this open-source dataset, which is available
for download at https://cirrus.ucsd.edu/~pierce/LOCA2/CONUS_regions_split/.
3 Shared Socioeconomic Pathway scenario describes the future scenarios of human societal
developments used in climate modeling. The SSP2-4.5 pathway is a scenario in which the current
patterns of social, economic, and technological trends are similar to historical patterns.
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Item 18.
referred to as the “middle-of-the-road" scenario, was used for the Fort Collins
analysis.
The Colorado Climate Center analysis produced monthly maximum temperature
and total precipitation outputs for 1991 – 2100. The 1991 – 2014 period is a
subset of the historical climate simulations from the CMIP6-LOCA dataset, and
the 2015 – 2100 period uses future climate projections under the SSP2-4.5
scenario. Data were statistically processed to generate a mean and range of
projections for each month in this time period. The range was defined by the
mean of model predictions plus/minus one standard deviation. Figure 4 (upper
plot) presents the range of predicted temperatures for 2040, as well as the
average for the 30-year period from 1991 – 2020, which was used as the Water
Efficiency Tool (WET) water demand model baseline. The lower plot in Figure 4
presents the same information for total monthly precipitation.
As shown in the figures, climate model projections for the Fort Collins area
indicate that, by 2040, monthly maximum temperatures will generally be warmer
relative to the 30-year period from 1991 – 2020. Climate model predictions for
monthly precipitation vary, suggesting that it is difficult to predict whether the
future amount of precipitation in Fort Collins is likely to be higher, lower, or similar
to the 1991 – 2020 period.
Staff used the Colorado Climate Center’s projections to generate monthly
temperature and precipitation inputs to model water demand and efficiency
strategy savings for this WEP.
Figure 1. Predicted monthly maximum temperature and monthly precipitation for Fort Collins, relative to 1991 – 2020.
Monthly Maximum Temperature -Observed and Predicted
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Item 18.
BOARD AND COMMISSION COMMENTS AND PLANNED RESPONSES
Water Utilities staff sought feedback on the draft WEP from the following City of Fort Collins
Boards and Commissions:
• Natural Resources Advisory Board – On June 26, 2024, staff presented an overview of
the WEP and led an engagement activity to seek input on water efficiency strategies as
they pertain to urban tree health/benefits and raw water irrigation. On May 21, 2025,
staff presented an overview of the WEP draft that was available during the public
comment period and solicited final input from Board members. The Natural Resources
Advisory Board provided a letter of support for the WEP update to City Council on June
18, 2025.
• Parks and Recreation Advisory Board – On May 28, 2025, staff presented an overview
of the WEP draft that was available during the public comment period and solicited final
input from Board members. They provided specific comments, which staff addressed
through revisions to the WEP text and a comment response memorandum dated June
23, 2025. Staff returned to address questions at the June 25, 2025 meeting. The Parks
and Recreation Advisory Board drafted a letter of support for the WEP update that they
will review at their July 23, 2025, meeting.
• Planning and Zoning Commission – On May 9 and May 15, 2025, staff presented an
overview of the WEP draft that was available during the public comment period and
solicited final input from Commissioners. They unanimously-approved a motion to
support the WEP at their May 15, 2025 hearing.
Monthly Precipitation -Observed and Predicted
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Item 18.
• Water Commission – Staff met with Water Commission on April 6, 2023, and May 18,
2023, to seek early input on efficiency strategies to consider for evaluation during the
WEP update. Staff met with the Water Commission again on March 20, 2025, and June
5, 2025, to provide an update and seek feedback on proposed goals and strategies.
Staff will seek support for the final WEP at Water Commission’s July 17, 2025 meeting.
The remainder of this section summarizes comments from boards and commissions on the
draft WEP, and planned responses. The comments shown here drove planned WEP
revisions and/or are representative of repeated themes.
WEP Goals
Comment: Provide additional information about how the 4% goal was chosen.
Comment: Explain mechanisms used to achieve goals.
Response: Staff will add new text to WEP Section 3.1 (Water Efficiency Goals) to summarize
the goal-setting process. The following is a draft of the new text:
Goal 1 was set based on a “top-down” analysis of expected demand increase
paired with a “bottom-up” analysis of feasible savings: Staff estimated future
water demand increases based on a range of growth and climate conditions (“top
down”), then set a reduction goal based on (1) outperforming historical Water
Conservation Division program savings of approximately 2% each year, paired
with (2) analysis of cumulative potential water savings from efficiency strategies
described in Section 4 of this WEP (“bottom up”).
The volume of savings associated with the 4% reduction in Goal 1 is determined
based on projected demands for Water Utilities’ customers under a range of
future growth and climate scenarios. Because demands vary year-to-year, for a
specific percent reduction target (i.e., 4%) the volume (millions of gallons) of
savings would go up or down based on variability in consumption. Staff estimate
that a 4% reduction in 2040 demand is estimated to require 280 – 355 million
gallons (860 – 1,090 acre-feet) of efficiency savings which reflects the range of
estimated 2040 demands driven by different climate and growth scenarios. This
level of savings would be an increase of more than two times over average
measured Water Conservation Division savings from 2020 – 2024. To gradually
progress to the final 2040 goal, interim annual targets will be tracked from 2030 –
2040.
Goal 2 was set based on collaborative discussions across City departments and
alignment with the two-year municipal budgeting cycle, with the intent to average
one new landscape resilience project with each two-year cycle.
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Item 18.
Efficiency Strategies
Comment: One survey theme was that it’s critical to engage home owners associations
(HOAs), landscaping professionals, and realtors; Utilities should explore more strategies
targeted at these groups.
Response: The Water Utilities currently offer a wide range of water efficiency programs,
including a subset that serve non-residential customers with large landscapes, like HOAs.
The WEP outlines the following existing and proposed large landscape strategies:
• Xeriscape Incentive Program rebates for commercial customers
• HOA and commercial irrigation assessments
• Irrigation equipment rebates
• Programs that support landscape and irrigation contractors who serve HOAs and other
large landscapes, such as the Waterwise Professionals Network
• Proposed strategy: Wrap-around support for water efficiency in community green spaces
or HOAs and large turf areas. This is envisioned as a stepwise program that offers
irrigation education, irrigation equipment upgrades (e.g., smart controllers), turf
conversions, and ongoing maintenance.
Based on a keyword analysis, we estimate there are approximately 250 HOAs in Water
Utilities’ service area and about 325 water taps that serve their common areas or facilities.
Those taps use about 240 million gallons of water annually, which is approximately 4% of all
treated water use within the service area. While staff agree that expanding water efficiency
strategies related to HOAs and other large landscapes is important, due to the amount of
water used and current level of support from public engagement, no changes to the WEP
document are planned in response to these comments, as this level of detail is inconsistent
with staff’s intention for the WEP to be a high-level framework. Rather, staff will prepare or
update detailed program plans for the efficiency strategies identified for implementation
following City Council’s approval of the WEP. Staff will prioritize addressing relevant data
gaps that could significantly advance implementation. For example, staff have already
identified updated landcover data and analyses as a valuable need.
Comment: Projects for turf-to-xeric conversions on City-owned property should be designed
to maximize co-benefits such as insect and pollinator habitat and native plant restoration;
water savings should not be the only selection/design criterion.
Response: Staff will add text to the description of the “Targeted Turf-to-Xeric Conversions on
City-Owned Properties” strategy to emphasize the opportunity for ecological co-benefits.
Additional comments related to efficiency strategies:
• Given the support for regulatory strategies expressed in customer surveys, Utilities should
consider pursuing more regulatory measures.
• On-bill financing should not be limited to high-cost projects and multi-year loans, but
rather should be available to income-qualified customers for lower-cost equipment
replacements and landscape/irrigation conversions.
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Item 18.
• Develop more educational materials pertaining to climate-based scenarios in reference to
the “cost of inaction” to elevate the seriousness of water scarcity in the Northern Colorado
landscape.
• Examine recognition programs at various scales (e.g., individual household,
neighborhood, business, etc.) to promote conservation behavior change.
Response: Staff will prepare or update detailed program plans for the efficiency strategies
identified for implementation following City Council’s approval of the WEP. These program
plans are intended to incorporate specific implementation details such as those included in
these comments.
Collaboration
Comment: As much of Fort Collins’ future growth will occur outside the City’s water utility
service area, tighter partnerships and programmatic integrations with service providers such as
East Larimer County Water District (ELCO) and Fort Collins-Loveland Water District (FCLWD)
are essential to achieving the WEP’s goals. Without alignment across providers, new
development risks falling short of the water efficiency standards Fort Collins has committed to.
Comment: Tighter integration and/or coordinating with ELCO, Fort Collins-Loveland Water
Districts on their WEP plans.
Response: Staff will add new text to the WEP in Section 3 (Integrated Planning and Water
Efficiency Benefits and Goals) to describe in more detail the differences between water
providers in the City’s Growth Management Area, current/ongoing collaborative efforts, as well
as challenges/roadblocks.
Preliminary draft of new text to be added to the WEP:
Certain areas within the Growth Management Area are served by neighboring
water providers. The largest adjacent water providers, East Larimer County
(ELCO) and Fort Collins-Loveland Water District (FCLWD), have their own WEPs
that describe goals and strategies for their service areas. Fort Collins Utilities
values these partnerships and continues to look for ways to collaborate through
coordinated information-sharing, planning, communications/outreach, and
efficiency strategies.
Important differences exist between Water Utilities, ELCO, and FCLWD,
including source water supply portfolios, organizational policies, size, staffing,
mission and vision, financial resources, and growth patterns. Through ongoing
and increased collaboration across water providers, there are opportunities to
better plan for risk, improve the resiliency of the water supply systems, and
improve alignment and understanding of policies, plans and processes to best
serve customers. An analysis conducted in 2021 – 2022 by consultants, titled
“Water Resources Matters in the Fort Collins Growth Management Area: Study
Report Results,” identified over 100 challenges and potential solutions to improve
coordination across water providers.
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Item 18.
Examples of current collaboration and coordination between water providers
include:
• Interconnected infrastructure in the treatment and distribution systems
• regular information sharing about water supply and potential restrictions
status
• biannual check-in meetings with FCLWD through the Utilities Business
Resource Team, which supports industrial customers.
The WEP includes new strategies expected to encourage collaboration across
water providers, such as:
• Establish regular contact and information sharing between Fort Collins’
water providers and City Planning staff
• Further integrate water efficiency into strategic plans and policies
• Support One Water efforts and an integrated demand management
approach
Comment: Tighter integration with Poudre School District (PSD), Colorado State University
(CSU) and Front Range Community College (FRCC) for community resources and serve as first
touchpoints for families
Response: Staff will add text to the WEP, Section 5.1 (Implementation) regarding
communications and marketing to highlight the importance of seeking opportunities to partner
with broad-reaching organizations, such as PSD, CSU, and Front Range Community College,
as well as City departments.
Preliminary draft of new text to be added to the WEP:
Staff will seek new opportunities to partner with broad-reaching organizations in
the community such as schools, higher education institutions, and professional
and community organizations to share information and promote efficiency.
Cost of Inaction
Comment: Resources in the plan for individuals to understand costs of inaction. Provide stats
and what it costs related to actions/inactions, e.g., not updating irrigation systems or lawns over
time.
Response: Staff plan to add the following new text to WEP Section 4 to provide examples of
residential and business customer actions that would contribute to the WEP goals, including
estimated water savings, customer costs, and water bill savings associated with efficiency
strategies. Staff will also look for opportunities to highlight similar examples in the WEP
Executive Summary and in future outreach materials.
Water Utilities customers have a variety of options to lower their water use,
including the strategies outlined in this WEP. To illustrate how individual actions
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can collectively help achieve the 4% reduction target in Goal 1, the following
examples highlight actions different customers might take overtime:
Residential customers
The average single-unit household in the Water Utilities service area uses about
80,800 gallons of water a year. This means that the average residential customer
can help meet the 4% WEP goal by lowering their water use by about 3,200
gallons each year (relative to current average use).
• Change Showers: Swapping out a 2.5 gallon-per-minute showerhead for
a free 1.5 gallon-per-minute version (currently offered for free through the
Water Conservation Showerhead Swap program) and cutting shower time
from 12 to 8 minutes can save up to 1,500 gallons per year and save
about $5 on water bills.
• Check Sprinklers: Outdoor water use spikes in the summer. Free
irrigation assessments save participating households an average of 5,000
gallons per year and over $16 on water bills. Many lawns have
correctable issues like inefficient watering schedules and broken or tilted
heads.
• Redo Landscapes: Native landscaping is water-smart, supports
ecosystems, and looks great. A 1,000 square-foot project can save 6,000
gallons annually and lower water bills by about $20 annually. The
average cost to Xeriscape Incentive Program participants for a project of
this size was $1,840 and rebates can cover up to $1,000 of that cost.
Additional savings are possible through the Garden in a Box discounts.
Business customers
The typical water use and potential for water efficiency savings varies based on
business type, size, and other factors. The WEP includes a variety of commercial
efficiency strategies, including custom rebates that let a business identify what
opportunities work best for them.
• Plumbing Upgrades: Replacing 10 older urinals with WaterSense models
could save a business between 26,000-60,000 gallons annually and up to
$180 on annual water bills. Even smaller changes—like upgrading five
toilets—can cut 11,000 gallons a year. Rebates available for urinals and
toilets typically offset about 20% of the installation costs.
• Water Efficient Large Landscapes: Replacing bluegrass turf with native
grass species is a cost-effective strategy for reducing water use on large
landscapes. Converting 10,000 square feet can save approximately
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70,000 gallons annually. Water Utilities offers rebates up to $15,000 for
qualifying projects.
If detailed and accurate information can be found through research or analysis, staff will modify
the WEP, Section 3.2 (Benefits of Water Efficiency), to include information that is directly
relevant to the City of Fort Collins and customers. To date, quantified data has been difficult to
find or analyze.
ADDITIONAL PLANNED CHANGES
Staff made the following additional changes to improve readability and incorporate the most
up-to-date information available:
• Added an Executive Summary
• Moved the extensive tables of efficiency strategies to Appendix C and replaced them
in the Section 4 text with easier-to-read bulleted lists
• In Appendix C tables, updated efficiency strategy water savings estimates based on
updated water demand modeling that incorporated local climate change projections
provided by the Colorado Climate Center
• Finalized summaries of public review in Section 6 and Appendix B to reflect the final
feedback collection period
NEXT STEPS
Staff are working toward the following timeline for WEP completion:
• July-August: Staff will prepare a final WEP that incorporates the revisions summarized in
this memorandum
• July-September: Staff will provide a memorandum to other boards and commissions that
includes a brief overview of comments and revisions incorporated into the final WEP.
• September: Seek City Council approval of the final WEP at the Sept. 2, 2025 meeting.
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RESOLUTION 2025-080
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE 2025 FORT COLLINS UTILITIES WATER
EFFICIENCY PLAN
A. The City owns and operates Fort Collins Utilities, which includes a water
utility that, among other things, provides water at retail rates to domestic, commercial,
industrial, and public facility customers that have a total annual demand of more than
2,000 acre-feet.
B. The City has a long-running commitment to the efficient use of the City's
water resources, dating back to at least 1977 and continuing through present day.
C. Beginning on July 1, 2006, Colorado Revised Statute (“C.R.S.”) Section 37-
60-126 of the required that the City develop, adopt, and implement a water efficiency plan
approved by the Colorado Water Conservation Board (“CWCB”).
D. In 2010, the CWCB approved the City's water efficiency plan, known as the
Water Conservation Plan, dated February 12, 2009. In 2016, the CWCB approved the
City's subsequent and current water efficiency plan, known as the 2015 Water Efficiency
Plan, dated February 17, 2016.
E. C.R.S. Section 37-60-126 requires that the City periodically review and
update its water efficiency plan.
F. Fort Collins Utilities, through its Water Conservation Division, has reviewed
and updated its water efficiency plan and has proposed for Council approval and adoption
an updated plan, known as the Fort Collins Utilities 2025 Water Efficiency Plan ("WEP"),
attached hereto as Exhibit A and incorporated herein by this reference.
G. The WEP is consistent with the City's goals and objectives, with the benefits
to the City including: building resilience to drought and climate change; efficient per capita
water use; reducing, delaying or avoiding operational or capital costs for Fort Collins
Utilities where practicable; working in tandem with planned water projects, such as the
Halligan Water Supply Project, to support service continuity and Fort Collins Utilities’
water future; further development of a conservation ethic and reducing waste;
demonstration of a commitment to sustainability; and support of economic health.
H. The WEP meets the requirements of C.R.S. Section 37-60-126 and is ready
to be submitted to the CWCB for its review and approval.
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:
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Section 1. City Council adopts the WEP as the City’s current water efficiency
plan, replacing all previous versions.
Section 2. The City Manager is hereby directed to submit the WEP to the CWCB
pursuant to C.R.S. Section 37-60-126 and all legal requirements.
Passed and adopted on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 2, 2025
Approving Attorney: Eric Potyondy
Exhibit: Exhibit A - 2025 Fort Collins Utilities Water Efficiency Plan
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Table of Contents
Table of Contents.......................................................................................................................... 2
List of Figures ............................................................................................................................... 6
List of Tables ................................................................................................................................. 7
Acronyms ....................................................................................................................................... 8
Acknowledgements .................................................................................................................... 10
Land ........................................................................................................................................... 10
Community ................................................................................................................................ 10
Staff and Consultants ................................................................................................................ 10
City of Fort Collins ................................................................................................................. 10
Technical Consultants ........................................................................................................... 10
Executive Summary .................................................................................................................... 12
Overview .................................................................................................................................... 12
Water Efficiency Goals .............................................................................................................. 12
Goal 1: Reach 4% Annual Reduction in Water Use by 2040 ............................................... 12
Goal 2: Improve Efficiency and Resilience on Public Landscapes ...................................... 12
Water Efficiency Strategies ....................................................................................................... 12
Key Benefits of Water Efficiency ............................................................................................... 13
Equity and Community Engagement ........................................................................................ 13
Water Use Snapshot ................................................................................................................. 14
Next Steps and How to Get Involved ........................................................................................ 14
Residential Customers .......................................................................................................... 14
Business Customers .............................................................................................................. 15
Looking Ahead .......................................................................................................................... 15
Introduction ................................................................................................................................. 16
Water Conservation Goals ........................................................................................................ 16
Goal 1: Reach 4% annual reduction in water use by 2040 to reduce risk of shortages ...... 17
Goal 2: Improve water efficiency and build resilience on City-owned landscapes, to benefit
the community and environment ........................................................................................... 18
Scope and Guiding Principles ................................................................................................... 19
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1 Profile of Existing Water Supply ........................................................................................ 21
1.1 Overview of Existing Water Supply System ................................................................. 21
1.1.1 Raw Water Supply Yield ........................................................................................... 24
1.1.2 Reusable Water Supplies and Graywater ................................................................ 25
1.2 Supply Reliability ........................................................................................................... 26
1.3 Supply-Side Limitations and Future Needs .................................................................. 26
1.3.1 Climate ...................................................................................................................... 27
1.3.2 Storage Constraints and Planned Improvements .................................................... 30
1.3.3 Water Supply Risk Responses ................................................................................. 30
1.3.4 Growth and Water Supply Requirements ................................................................. 31
2 Profile of Water Demand and Historical Demand Management .................................... 32
2.1 Demographics and Key Characteristics of the Service Area ....................................... 32
2.2 Historical Water Demands ............................................................................................ 32
2.2.1 Water Demand by Customer Sector ........................................................................ 34
2.2.2 Seasonal Demand .................................................................................................... 37
2.2.3 GPCD: Water Demand Per Person Per Day ............................................................ 39
2.2.4 System Water Loss ................................................................................................... 40
2.2.5 Raw Water Use ......................................................................................................... 41
2.3 Past and Current Demand Management Activities ...................................................... 43
2.3.1 Demand Management for Short-Term Water Shortages ......................................... 44
2.3.2 Land Use and Water Integration with Demand Management .................................. 44
2.4 Demand Forecasts for Water Efficiency Planning ....................................................... 44
2.4.1 Population Projections .............................................................................................. 45
2.4.2 Demand Scenarios ................................................................................................... 46
2.4.3 Residential and Commercial Demand Projections ................................................... 47
2.4.4 Additional Considerations for Overall Water Resource Supply Planning ................ 48
3 Integrated Planning and Water Efficiency Benefits and Goals ...................................... 50
3.1 Water Efficiency Goals ................................................................................................. 51
3.2 Benefits of Water Efficiency .......................................................................................... 54
Building Resilience to Drought and Climate Change ............................................................ 54
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3.3 Summary of Integrated Land Use Planning Strategies ................................................ 57
3.3.1 Current Strategies ..................................................................................................... 57
3.3.2 New Strategies .......................................................................................................... 57
3.4 Equity in Water Use and Demand Management .......................................................... 58
3.4.1 Equity in Engagement ............................................................................................... 60
3.4.2 Equity in Outcomes - Strategy Selection and Implementation Planning ................. 60
3.5 Community Engagement .............................................................................................. 61
3.5.1 Incorporating Feedback into Goals and Strategies .................................................. 62
4 Selection of Water Efficiency Activities............................................................................ 65
4.1 Summary of Selection Process .................................................................................... 66
4.1.1 Selection Process and Criteria ................................................................................. 67
4.1.2 Prioritization Process ................................................................................................ 68
4.2 Strategies for Goal 1 ..................................................................................................... 68
4.2.1 Examples of How Customers can Contribute to Goal 1 Reduction ......................... 71
4.3 Strategies for Goal 2 and One Water Demand Management ...................................... 73
5 Implementation and Monitoring ......................................................................................... 74
5.1 Implementation ............................................................................................................. 74
5.2 Monitoring ..................................................................................................................... 75
Goal 1 Metrics........................................................................................................................ 76
6 Adoption, Public Review, and Formal Approval .............................................................. 78
6.1 Adoption of New Policy ................................................................................................. 78
6.2 Public Review Process ................................................................................................. 78
6.2.1 Public Review of WEP Document ............................................................................ 78
6.3 Local Adoption and State Approval Processes ............................................................ 78
6.4 Periodic Review and Update ........................................................................................ 79
7 References ........................................................................................................................... 80
Appendix A: Brief History of Water Conservation .................................................................. 82
Appendix B: Alignment, Equity, and Engagement ................................................................. 84
Strategic Alignment ................................................................................................................... 84
City of Fort Collins Strategic Plan (2024) .............................................................................. 84
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Equity Considerations ............................................................................................................... 86
City of Fort Collins 2024 Strategic Plan (Strategic Objective: Neighborhood & Community
Vitality 3) ................................................................................................................................ 86
Importance of Equity in Water Conservation Planning ......................................................... 87
Equity in Engagement ........................................................................................................... 88
Equity in Conservation Strategy Selection and Implementation Planning ........................... 90
Engagement Activities ............................................................................................................... 91
Engagement with the Community ......................................................................................... 91
Engagement with City Advisory Groups ............................................................................... 94
Engagement with City Staff ................................................................................................... 95
Key Findings from WEP Engagement .................................................................................. 98
Suggestions for Future Engagement .................................................................................... 99
Appendix C: Efficiency Strategies Supporting Goal 1 ......................................................... 101
Current Strategies Supporting Goal 1..................................................................................... 101
Behavioral Strategies .......................................................................................................... 101
Infrastructure (Including Operations)................................................................................... 104
Economic Strategies............................................................................................................ 104
Regulatory Strategies (Regulations and Ordinances) ........................................................ 106
Planned New Strategies Supporting Goal 1 ........................................................................... 117
Behavioral ............................................................................................................................ 117
Infrastructure (Including Operations)................................................................................... 118
Economic ............................................................................................................................. 118
Regulatory (Regulations and Ordinances) .......................................................................... 118
Efficiency Strategies Evaluated but Not Selected for Implementation ................................... 123
Discontinued Water Efficiency Strategies ............................................................................... 124
Appendix D: Efficiency and Landscape Resilience Strategies for Goal 2 and City One
Water Demand Management ................................................................................................... 126
Current Activities and Best Practices for Managing Water Use on City -Owned Properties .. 126
Opportunities for City Organization Water Efficiency, Landscape Resilience, and Land Use
Planning/Development ............................................................................................................ 131
Appendix E: Glossary .............................................................................................................. 136
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List of Figures
Figure 1: The Water Utilities service area and surrounding water provider boundaries ................... 22
Figure 2. Water Utilities’ source water supply system ..................................................................... 23
Figure 3: Climate hazards facing Fort Collins ................................................................................. 27
Figure 4. Predicted monthly maximum temperature and monthly precipitation for Fort Collins, relative
to 1991 - 2020. ............................................................................................................................... 29
Figure 5: Annual total treated water and service area population .................................................... 33
Figure 6: Daily total water treated (2020-2024) ............................................................................... 34
Figure 7. Annual billed treated water use for residential and commercial customers ....................... 36
Figure 8. Billed treated water use by customer category (2020-2024) ............................................. 36
Figure 9. Average monthly metered and billed treated water use (2020-2024) ................................ 37
Figure 10. Average indoor (top) and seasonal (bottom) water use by customer sector (2020-2024) 38
Figure 11. Water use in GPCD and service area population (2000-2024) ....................................... 39
Figure 12. Water balance components evaluated in water loss audits ............................................ 40
Figure 13. City properties that use raw water irrigation ................................................................... 42
Figure 14. Annual treated water demand and savings from water efficiency programs ................... 43
Figure 15. Current and projected population for the Water Utilities service area ............................. 46
Figure 16. Historical (2000-2024) and range of projected (2025-2040) water use under possible
future climate and growth scenarios ............................................................................................... 48
Figure 17. Water Efficiency Goal 1 interim targets and final 2040 goal ............................................ 54
Figure 18. Approaches to influence water demand and areas potentially impacted by efficiency
strategies ....................................................................................................................................... 65
Figure 19. Summary of water efficiency impacts with full implementation of all current and new
strategies. ...................................................................................................................................... 71
Figure 20. Conceptual implementation timeline .............................................................................. 74
Figure 21: Historical water demand management planning levels and goals for Fort Collins Water
Utilities ........................................................................................................................................... 82
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List of Tables
Table 1: Water Utilities’ annual treatable source water yield ........................................................... 25
Table 2: Potential limitations/future needs related to water supply system planning ........................ 30
Table 3: Billed treated water use by customer category (2020-2024) .............................................. 35
Table 4: Water efficiency goals ....................................................................................................... 53
Table 5: Current and New Water Efficiency Strategies Supporting Goal 1 ...................................... 69
Table 6: WEP update community engagement activities................................................................. 92
Table 7: WEP update City staff engagement activities .................................................................... 97
Table 8: Current efficiency strategies supporting Goal 1 ................................................................109
Table 9: New efficiency strategies to support Goal 1 .....................................................................120
Table 10: New efficiency strategies evaluated but not currently planned ........................................123
Table 11: Discontinued water efficiency strategies .........................................................................124
Table 12: Current City of Fort Collins activities and best practices for managing water use and
landscapes on City-owned properties and facilities ........................................................................129
Table 13: New strategy opportunities for managing water use on City-owned properties and facilities
......................................................................................................................................................134
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Acronyms
AF Acre-Foot (equals 325,851 gallons)
AFY Acre-Feet per Year
AMI Advanced Metering Infrastructure
AWE Alliance for Water Efficiency
AWWA American Water Works Association
BFO Budgeting for Outcomes
BMP Best Management Practice(s)
C-BT Colorado-Big Thompson
CEC Climate Equity Committee
CWCB Colorado Water Conservation Board
DET Demand Estimation Tool
ELCO East Larimer County Water District
ET Evapotranspiration
FACE Future Avoided Cost Explorer
FCLWD Fort Collins-Loveland Water District
GMA Growth Management Area
GPCD Gallons per Capita per Day
HOA Homeowners Association
ILI Infrastructure Leak Index
LiDAR Light Detection and Ranging
LCU Large Contractual User
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MG Million Gallons
MGD Million Gallons per Day
MGY Million Gallons per Year
NEPA National Environmental Policy Act
NPIC North Poudre Irrigation Company
PDT Planning, Development, and Transportation
PVLC Pleasant Valley and Lake Canal
RFO Return Flow Obligation
SRF Storage Reserve Factor
SSD Southside Ditches
SWSI Statewide Water Supply Initiative
WEP Water Efficiency Plan
WET Water Efficiency Tool
WFCWD West Fort Collins Water District
WQA Winter Quarterly Average
WSAP Water Shortage Action Plan
WSDMP Water Supply and Demand Management Policy
WSR Water Supply Requirement
WSSC Water Supply and Storage Company
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Acknowledgements
Land
We acknowledge and honor the lands situated within the City of Fort Collins as the original
homelands of the Hinono’eiteen (Arapaho), Tsétsėhéstȧhese (Cheyenne),
Nʉmʉnʉʉ (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.
Community
We are grateful to the community members and City staff who participated in many hours of
efficiency-focused engagement and to the Colorado Water Conservation Board for its support
through a Water Plan Grant.
Staff and Consultants
Numerous staff from multiple City departments, as well as technical consultants, provided input
and subject matter expertise :
City of Fort Collins
• City Attorney’s Office
• Communication and
Public Involvement
• Community
Development and
Neighborhood
Services
• Community
Engagement
• Distribution System
Division
• Environmental
Services
• Equity and Inclusion
Office
• Financial Operations
• Natural Areas
• Parks
• Planning,
Development and
Transportation (PDT)
• Water Conservation
• Water Quality
Services Division
• Water Resources
Division
Technical Consultants
• INTERA
• Hazen and Sawyer
• Lotus Engineering & Sustainability
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• Colorado Climate Center
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Executive Summary
Overview
The 2025 Water Efficiency Plan (WEP) outlines the Fort Collins Utilities (Water Utilities)
approach to manage water use and efficiency amid growing supply and demand pressures.
By improving how water is used across residential, commercial, and municipal sectors, the WEP
helps support long-term water resilience for the Water Utilities system and customers . The plan
supports the City’s “One Water” commitment—managing water holistically to promote healthy
watersheds, resilient communities, and water equity .
Water Efficiency Goals
The WEP sets two goals intended to lower water use, minimize the frequency and magnitude of
future water shortages, build long-term landscape resilience , and encourage the City to continue
leading by example . These goals reflect community feedback, staff input, and a commitment to
act now to prepare for a hotter and more variable climate.
Goal 1: Reach 4% Annual Reduction in Water Use by 2040
This goal applies to all customer sectors, including homes, businesses, and City operations, and
aims to reduce the risk of water shortages.
• Target 1.1: By 2040, lower overall annual treated water use by 320 million gallons (MG),
or 980 acre-feet (AF), below projected water use
• Target 1.2: Double the volume of savings from efficiency strategies by 2040, relative to
2020-2024 average performance
• Target 1.3: Lower treated water use at City properties by a total cumulative volume of 5
MG (15 AF) by 2040
Goal 2: Improve Efficiency and Resilience on Public Landscapes
• Target 2.1: The City will complete at least 7 new projects on City landscapes by 2040 .
These projects aim to improve drought resilience, reduce raw or treated water use, and
reinforce the City’s role as a leader in water efficiency.
Water Efficiency Strategies
Water Utilities will advance water efficiency efforts through over 70 existing or new strategies
that align with the following four approaches:
• Behavioral strategies that include actions like outreach, education, water use
benchmarking, and technical assistance for water-efficient practices.
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• Regulatory strategies that build on existing requirements for landscapes, buildings, and
development standards.
• Infrastructure opportunities that include maximizing benefits from technology, like the
City’s existing advanced water meters, to offer customer data access, l eak detection and
notifications, and reduce water loss through distribution system maintenance.
• Economic strategies that include rebates, financial assistance, and pricing structures
that incentivize efficiency.
Key Benefits of Water Efficiency
Water is both essential to life and limited in our region. Water efficiency strategies are cost -
effective ways to manage use to minimize water shortage risk, while providing enough water to
support the community’s values.
Benefits of water efficiency include:
• Resilience: Proactive water efficiency buffers the community against climate -driven
shortages. Climate model projections show an average increase in monthly maximum
temperature of approximately 1.8°F–2.8°F by 2040, which will raise demand, especially
for outdoor uses.
• Business stability: Water efficiency supports long-term economic growth and service
continuity.
• Leadership: Efficient water use across City sites demonstrates what’s possible –
maintaining healthy landscapes while using water wisely.
• Affordability: For individuals, lower consumption can help keep bills down. For the Water
Utilities, efficiency can delay capital expansion projects and reduce the need to acquire
costly water rights.
• Do more with the water we have: Some conserved water can be stored for periods of
drought, leased for agriculture, or used to support a healthy river system.
Equity and Community Engagement
The WEP was shaped through more than 5,000 touchpoints via surveys, meetings, and
interviews. Not all community members or businesses have equal access to water -saving
technologies or upgrades, and the WEP reflects that reality. Engagement and equity were
integrated throughout the planning process. Staff used feedback directly to develop water
efficiency goals and strategies, with input from renters, seniors, small business owners, and
non-English speakers, among others.
The community said:
• Lead by example: The City must walk the talk
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• Support landscape change : Less turf, more native plants
• Make programs accessible : Simplify the process to participate and save; provide
education and materials in multiple formats and languages; offer upfront financial
support, not just rebates
• Encourage and require efficiency through a balance of volunteer actions and incentives
with thoughtful regulation
• Address challenges for renters and mobile home residents
Water Use Snapshot
In 2024, the Water Utilities provided high-quality treated water to about 36,000 water accounts ,
serving approximately 139,000 people, or about 80% of our city's population. Below is a
snapshot of typical water use across the service area:
• Total billed treated water use: About 5.7 billion gallons annually .
• Residential use: Accounts for about 64% of billed treated water.
• Commercial use: About 34% of billed treated water is used for businesses and other
non-residential purposes such as offices, retail, hospitality, industry, and irrigation-only
accounts.
• City use: Nearly 2% of billed treated water is used at City-owned properties, supporting
recreation, vibrant public landscapes and trees, and City facilities and services. The City
also uses untreated raw water on parks, cemeteries, and other landscapes.
• Outdoor watering causes significant seasonal spikes, with demand more than doubling
in summer months. About 40% of total annual water use goes to outdoor irrigation.
• On average, water demand per person is about 135 gallons per day (GPCD), though this
fluctuates based on weather and behavior.
Next Steps and How to Get Involved
Everyone has a role to play in reaching the WEP’s goals. Here are examples of how individuals
and businesses can contribute to a 4% reduction in water use overtime:
Residential Customers
The average single-unit household in the Water Utilities service area uses about 80,760 gallons
of water a year. A 4% reduction equals about 3,200 gallons of savings each year (relative to
current average use).
• Change your showers: Swapping out an old showerhead for a free 1.5 gallon -per-minute
version and cutting your shower from 12 to 8 minutes can save up to 1,500 gallons per
year.
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• Check your sprinklers: Outdoor water use spikes in the summer. Free sprinkler check-
ups save households an average of 5,000 gallons per year. Many lawns have
correctable issues like overspray, tilted heads, or inefficiently set timers.
• Redo your yard: Native landscaping is water-smart, supports ecosystems, and looks
great. A 550-square-foot project can save 3,300 gallons annually while rebate s through
the Xeriscape Incentive Program or Garden in a Box can help cover the cost.
Business Customers
Typical water use and potential savings vary based on business type, size, and other factors.
The WEP includes a variety of commercial efficiency strategies, including custom rebates that
let a business identify what opportunities work best for them.
• Plumbing upgrades: Replacing 10 older urinals with WaterSense models could save a
business 26,000-60,000 gallons annually. Even smaller changes—like upgrading five
toilets—can cut 11,000 gallons a year.
• Large water efficient landscapes: Replacing bluegrass turf with native grass species is a
cost-effective strategy for reducing water use on large landscapes. Converting 10,000
square feet can save approximately 70,000 gallons annually. Water Utilities offers
rebates up to $15,000 for qualifying projects.
Looking Ahead
By 2040, the City intends to continue and expand efforts to best serve our customers and to be
a regional leader in efficient water management. The 2025 WEP lays the foundation for a
resilient, thriving community that values water as a shared resource.
Whether you're a homeowner, renter, business owner, property manager , or visitor, your actions
matter. Progress toward the WEP goals will be tracked and shared publicly each year through
an annual water conservation report. To learn more or participate in efficiency programs, visit:
fcgov.com/utilities.
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Introduction
Fort Collins Utilities (Water Utilities) is a community-owned utility operated within the City of Fort
Collins (City) government organization that provides critical services including water treatment
and delivery. Every year, the Water Utilities treats and delivers over 8 billion gallons of high-
quality drinking water to about 36,000 water accounts, serving about 80% of the population and
60% of the land area within the Fort Collins, Colorado city limits. Water is an essential resource
for all, and Water Utilities has a strong commitment to ensure efficient water use.
Water efficiency is a critical demand management tool to minimize risk of future water shortages
and maximize benefits of water use in the community. Since 1977, an active Water
Conservation Division1 has fostered efficiency with a variety of strategies that influence demand
through voluntary behaviors, thoughtful regulations, technical and physical infrastructure, and
economics. The overall mission is to manage water use in a way that minimizes water shortage
risk, while supporting the community’s values. The Water Conservation Division works to foster
a water efficient, adaptive, and knowledgeable customer base through education , policies, and
cost-effective water efficiency programs.
Although Water Utilities has a robust, reliable, and diverse water supply, the region’s water
resources are finite and experience pressure from increasing temperatures, continued growth,
and a legacy of high water-use landscapes. These challenges continue to make water more
expensive and can create difficult community trade -offs. Water Utilities acknowledges these
trade-offs and applies a One Water2 approach to managing water supply resources and water
demands. Staff and decision-makers strive to consider the complex intersections of water uses
with climate, land use planning, equity, and affordability to make meaningful changes, especially
to support the most vulnerable parts of the Fort Collins community.
Water Conservation Goals
This Water Efficiency Plan (WEP) guides the work of the Water Utilities and the greater City
organization as it pertains to water demand management through long -term efficiency. The
WEP sets two goals intended to lower water demand, minimize the frequency and magnitude of
1 The Water Utilities Water Conservation Division conducts water demand management to extend water
supplies through conservation and efficiency activities that reduce water demands and lower losses and
inefficiencies. For simplicity and consistency with CWCB guidance, the term “efficiency” is used
throughout this document to refer to both behavioral and technology -based water demand management;
however, in practice, efficiency generally refers to technology-based solutions (e.g., a high-efficiency
showerhead), while conservation focuses on the water savings through behavior (e.g., choosing to take a
shorter shower).
2 One Water, as described by the Water Research Foundation in the 2017 Blueprint for One Water is: “An
integrated planning and implementation approach to managing finite water resources for long-term
resilience and reliability, meeting both community and ecosystem needs.”
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future water shortages, and build long-term landscape resilience3. These goals reflect
community feedback, staff input, and a commitment to act now to prepare for a hotter and more
variable climate.
Goal 1: Reach 4% annual reduction in water use by 2040 to reduce risk of shortages
The WEP will set an overall water conservation goal that applies to all treated indoor and
outdoor water use within the Water Utilities’ water service area (Figure 1), including both
customer and City water use. The objective s of this overall goal are to gradually lower demand
to minimize the frequency and magnitude of shortages , expand access to efficiency
opportunities, lead by example as a City organization, and offset increasing demands driven by
climate change. Staff anticipate that a 320 MG savings is expected to offset the demand
increases driven by an average increase in monthly maximum temperature of approximately 2°F
by 2040, which is a plausible future scenario for Fort Collins based on climate models.
Goal 1 incorporates three specific targets, which are discussed in more detail in this document :
• Target 1.1: By 2040, lower overall annual treated water use by 320 million
gallons (MG), or 980 acre-feet (AF), below projected water use
o Every year, take actions to keep total treated water use lower than it is projected
to be without active efficiency strategies, ramping up to being 4% lower than
projected by 2040.
o Looking ahead to 2040, a 4% reduction would mean that actual demand was
about 320 million gallons (MG), or 980 acre-feet (AF), lower than projected for
the year.
o Interim reduction targets will gradually ramp up annual savings between now and
2040, as shown in Figure 1:
- By 2030: 3% reduction, estimated at 220 MG (675 AF) below projected
water use
- 2035: 3.5% reduction, estimated at 270 MG (830 AF) below projected water
use
- Reductions in treated water demand by Water Utilities customers, including
City water accounts, will contribute to this target
• Target 1.2: Double the volume of savings from efficiency strategies by 2040,
relative to 2020-2024 average performance
o To reach Target 1.1 savings of 320 MG below projected annual water use by
2040, the Water Conservation Division will increase program offerings and
participation to increase savings over the current annual average of 155 MG
below projected annual water use. Quantifiable treated water savings from
efficiency strategies that serve customers, as well as partnerships with City
departments to lower City treated water use, will count toward this target.
3 This WEP defines resilience as the capacity to prepare our human and natural systems to respond and
adapt to changes and disruptions of various scales that affect our ability to thrive, as defined in the City’s
2021 Our Climate Future Plan.
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• Target 1.3: Lower treated water use at City properties by a total cumulative
volume of 5 MG by 2040
o This target will achieve average annual reductions of 360,000 gallons per year by
2040 for City properties, adding up to 5 MG (15 AF) below projected annual
water use in total water savings between 2026-2040.
o This savings is expected to come from a variety of projects lowering indoor and
outdoor treated water demand in City buildings and properties. Strategies with
ongoing year-after-year savings, such as plumbing or turf replacement, will be
prioritized.
Progress toward Goal 1 will be evaluated based on tracking treated water demand by customer
sector, including City properties, as well as Water Conservation Division program participation
and savings.
Goal 2: Improve water efficiency and build resilience on City -owned landscapes, to benefit the
community and environment
For the first time, the WEP will set a goal directed at the City’s outdoor water use, which
encompasses both treated and raw water and properties both inside and outside of the Water
Utilities’ service area. Community feedback shows a widespread desire for the City to take
responsibility and action related to efficient water use. Beneficial outcomes for actions on City-
owned landscapes include contributing to overall water efficiency (Goal 1) by lowering municipal
water use, building resiliency in our public landscapes to prepare for a hotter future, prioritizing
water use for spaces that most benefit the community, and creating highly-visible projects that
inspire water-saving actions by local individuals and businesses. Goal 2 incorporates one
specific target:
• Target 2.1: The City will implement at least 1 new water -saving project in
each 2-year municipal budget cycle, for at least 7 new projects on City
landscapes by 2040
o Projects that lower treated or raw water use and/or build landscape resilience on
City-owned properties within the Fort Collins Growth Management Area (GMA) will
count toward this target; this approach reflects the City’s intention to lead by example
and benefit the entire community regardless of water source or provider .
o Landscape projects that lower treated water use on City-owned properties that are
within the Water Utilities service area will also count toward Goal 1 targets.
Progress toward Goal 2 will be evaluated based on the number of projects, associated water
savings, and total project area completed each year.
As described in Section 4, p rogress toward these goals will be achieved through a variety of
efficiency strategies, which include programs and policies that promote long-term reductions in
water demand through four core approaches to managing water use - behavioral, regulatory,
infrastructure, and economic. In addition to expected water savings, strategies were evaluated
for cost, customer reach , co-benefits including equitable and environmental outcomes,
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feasibility, and acceptance. Additional information, including descriptions of selected strategies
and the strategy selection process, is provided in other sections of this WEP.
This WEP updates and builds on past water demand management efforts, replacing past
efficiency goals described in Appendix A.
Scope and Guiding Principles
The WEP update process incorporated extensive community engagement, an equity evaluation,
integration with land use planning, and quantitative modeling to analyze water demand and
potential savings. Staff also considered current and future climate and growth predictions. The
WEP aims to manage the water customers use by:
• Setting goals to reduce the amount of treated water used within the service area to
lower shortage risk and increase resilience of City-owned landscapes to benefit the
community and environment
• Developing efficiency strategies to lower water use for Water Utilities customers and
the City organization
• Informing planning decisions and staff activities for the next 7-15 years
The WEP focuses on lowering treated (i.e., potable) water use within the Water Utilities’ service
area. Although adjacent water providers and raw (i.e., non -potable) water use are briefly
discussed for context and may be indirectly influenced by the WEP goals and strategies, they
are outside the scope of this plan.
The following principles, developed by an interdepartmental team of City staff, guided the WEP
update process and decision-making for efficiency goals and strategies:
• Engage marginalized community members and address systems of oppression,
while also pursuing broad engagement
• Build and strengthen working relationships within the municipality and across the
community, to better implement water efficiency strategies
• Reduce water demand to increase preparedness and resilience for ongoing and
uncertain climate, economic, and social risks to water availability
• Commit, as stewards of the City, to be leaders in efficiency
• Create water efficiency strategies based on future supply and demand projections,
and decision-making that is data-driven, regionally adaptive, considers the triple
bottom line (economic, environmental, and community) and affordability
• Target water efficiency strategies that provide multiple benefits for the community,
the environment, and consider the entire water system, including the river
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The WEP aligns with the Colorado Water Plan and with multiple City policies, including a City
strategic objective to “[s]ustain the health of the Cache la Poudre River and regional watersheds
while delivering a resilient, economically responsible and high -quality water supply for all Fort
Collins residents”. It also aligns with the Water Utilities’ mission statement, “[w]e are a One
Water Utility, providing exceptional water services for our community through integrated,
resilient, and equitable practices and systems.”
The updated WEP will be approved and adopted by the Fort Collins City Council in 2025 and
replace the previous versions. The plan’s content and organization follow Colorado Water
Conservation Board (CWCB) municipal water efficiency plan guidance and were developed to
meet or exceed requirements for water efficiency planning outlined in the State of Colorado’s
Water Conservation Act of 2004.
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1 Profile of Existing Water Supply
Water Utilities serves residences and commercial entities of various types within the service
area boundaries shown in Figure 1. The water service area does not coincide with city limits or
the Fort Collins GMA boundary. Fort Collins-Loveland Water District (FCLWD), East Larimer
County Water District (ELCO) and other water providers supply some areas within city limits.
Furthermore, Water Utilities provides water service to customers beyond city limits including
some residential and industrial use and wholesale water to West Fort Collins Water District
(WFCWD). Water Utilities maintains approximately 540 miles of pipeline and about 36,000
water service connections.
1.1 Overview of Existing Water Supply System
Water Utilities owns rights to raw water from multiple sources, which provide a diverse and
robust supply:
• Colorado-Big Thompson (C-BT) Project units stored in Horsetooth Reservoir – The
C-BT project diverts water from the upper Colorado River , transporting the water to
Horsetooth Reservoir, other facilities and users across Colorado’s Front Range.
Northern Colorado Water Conservancy District (Northern Water) manages the C-BT
Project and sets the annual quota that determines how much water is available per
unit. This quota significantly affects the supply available each year and is influenced
by snowpack, storage reserves, and system-wide demands.
• Cache la Poudre (Poudre) River basin – The Poudre River is part of the larger South
Platte River basin. Water Utilities’ Poudre River sources include senior flow rights
and agricultural water rights converted to municipal use , all of which can be taken
directly from the river. The amount of usable water in the Poudre River in any given
year is highly variable and dependent upon snowpack , runoff duration, and water
quality conditions in the 1,056-square-mile drainage area above the Poudre canyon
mouth.
• North Platte River basin flows via Michigan Ditch and Joe Wright Reservoir – The
Michigan Ditch and Joe Wright Reservoir system diverts water from the Michigan
River (part of the North Platte River basin) into the Poudre River and Joe Wright
Reservoir. Joe Wright Reservoir holds about 2,300 MG (7,100 AF) of storage and is
Water Utilities’ only raw water storage that can be delivered into its treated water
system. It has limited function as drought protection for Water Utilities.
Water Utilities’ water supply and treatment system consists of several key facilities that are
illustrated in Figure 2. These facilities include the Fort Collins Pipeline, Joe Wright Reservoir,
Michigan Ditch, Horsetooth Reservoir, Rigden Reservoir, and the Water Treatment Facility. For
more detailed information on each supply source, see the City of Fort Collins’ Water Supply and
Demand Management Policy (2012).
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Figure 1: The Water Utilities service area and surrounding water provider boundaries
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Figure 2. Water Utilities’ source water supply system
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1.1.1 Raw Water Supply Yield
Water Utilities has developed a diverse portfolio of water rights to fulfill customer demands
throughout the year. In average and wet years, Water Utilities’ water rights yield more water
than service area demands. However, the usable amount of water provided by these rights
varies year-to-year due to environmental conditions and limitations set in water right decrees.
Availability of water rights does not always coincide with demands (e.g., stream and river levels
are highest in the spring, while water demands tend to be greatest in the hot summer months
when stream flows have declined), and Water Utilities’ ability to use water rights is sometimes
limited by circumstances such as infrastructure projects or water quality concerns.
Water Utilities’ portfolio of supplies yields an estimated 10,560 – 24,020 MGY (32,400 – 73,400
AFY), as presented in Table 1. The treatable yield refers to the amount of available water after
considering limitations due to water right priorities, decreed volumetric limitations, return flow
obligations, losses, and operational constraints. Treatable yield ranges are calculated based on
a range of conditions from dry years and low allocations to wet years with abundant yields.
The proportion diverted from either Poudre or Horsetooth supplies is adjusted frequently to
maintain water quality and meet legal agreements. Each year on average, less than half of
Water Utilities' customer drinking water comes from Poudre supplies and more than half comes
from Horsetooth supplies. However, the relative proportions can vary significantly month -to-
month and day-to-day.
After treated and raw water demands are met for Water Utilities’ existing customers and raw
water delivery obligations are fulfilled, remaining surplus water is evaluated annually and can be
allocated for rental through the Water Utilities’ Raw Water Rental Program.
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Table 1: Water Utilities’ annual treatable source water yield
Raw Water Source Annual
Treatable Yield (AF)
Annual
Treatable Yield (MG)
Horsetooth Reservoir
C-BT Project (Northern Water) 9,400 – 18,800 3,680 – 4,110
North Poudre Irrigation Company 6,400 – 12,800 2,090 – 4,170
Windy Gap / Platte River Power Authority Reuse Plan 0 – 2,300 0 – 750
Horsetooth Reservoir Total 15,800 – 33,900 5,150 – 11,050
Cache la Poudre River basin
Direct Flow Rights 11,300 – 12,600 3,680 – 4,110
Pleasant Valley & Lake Canal Company 1,900 – 6,100 620 – 1,990
Southside Ditches 1,300 – 12,900 420 – 4,200
Water Supply and Storage Company 900 – 2,400 290 – 780
Joe Wright Reservoir / Michigan Ditch (diversions from
North Platte River basin)
1,200 – 5,500 390 – 1,790
Cache la Poudre River Basin Total 16,600 – 39,500 5,410 – 12,870
Total 32,400 – 73,400 10,560 – 24,020
Water Utilities uses water supply modeling to estimate the system’s firm yield, which is the
amount of source water supplies available in a series of drought years, to be approximately
9,900 MGY (30,400 AFY). The range of treatable yields shown in Table 1 are greater than the
firm yield because they do not consider the potential impact of long-term climate change on the
source water basins, which could significantly reduce the yields under hot and dry conditions.
1.1.2 Reusable Water Supplies and Graywater
Water Utilities’ primary source of reusable water is the Michigan Ditch which yields between 390
– 1,790 MGY (1,200 – 5,500 AFY) of reusable water. This water is stored in Joe Wright
Reservoir, and much of it is used in the Reuse Plan . The Reuse Plan involves Water Utilities
and multiple partners to generate reusable effluent that is used by Platte River Power Authority,
who in turn provides Windy Gap water to Water Utilities. Although the Windy Gap water is
classified as reusable, Water Utilities only uses the supply once before reallocating the effluent
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to its partners as dictated by the Reuse Plan . Generally, the Reuse Plan can increase Water
Utilities single-use supplies by 750 MG (2,300 AF) in a typical year.
As of November 2022, graywater capture and reuse systems are allowed within the Water
Utilities water service area. Due to Northern Water policies that limit C-BT use (which is over
half of Water Utilities’ supplies), graywater can be used for toilet flushing only and cannot be
applied to landscapes.
1.2 Supply Reliability
Water Utilities is responsible for providing an adequate and reliable supply of water to its
customers. The Water Supply and Demand Management Policy (WSDMP) provides a
foundational framework for Water Utilities’ water supply and demand management decisions.
This policy defines three main planning criteria :
• Storage Reserve Factor (SRF): 20% of annual demands
• Planning Demand Level: 150 GPCD4
• Drought Criterion: 1-in-50-year drought
Since 2000, Water Utilities has imposed mandatory water restrictions three times (a frequency
of about 1-in-8 years) in response to projected shortages, which can be driven by drought,
infrastructure needs, or water quality concerns.
Water Utilities actively monitors source water quality and watershed health. It is also taking
steps to improve supply reliability through the Halligan Water Supply Project, described in
Section 1.3.2.
1.3 Supply-Side Limitations and Future Needs
Water Utilities conducted a Water Supply Vulnerability Study (2019) to investigate its water
supply system’s ability to meet future demands under various potential future hydrologic
conditions, risks, and uncertainties. The vulnerability study identified key risks to Water Utilities’
water resources:
• Climate change is the most crucial vulnerability.
• Reductions in C-BT supplies would have significant impacts.
4 The WSDMP planning level of 150 GPCD is used for long-range water resource planning to safeguard a
high level of water supply reliability and incorporates water supply needs for contractual obligations or
other purposes. The planning level is intentionally higher than the water use goals set in past WEPs
(Appendix A) to address uncertainties inherent in water supply planning and to account for supply needs
such as contractual obligations which are not likely to be influenced by water efficiency or other demand
management actions described in this WEP.
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• High water demands represent a significant vulnerability ; it is important to implement
efficiency efforts and track demand trends.
• Water storage is crucial. Without enlarging Halligan Reservoir, Water Utilities’ current
water supply planning criteria could not be met under most future climate and
demand conditions.
The vulnerability study indicates that even with increased storage from an enlarged Halligan
Reservoir, hotter, drier conditions will require Water Utilities to impose water restrictions more
frequently in the future. The vulnerability study analysis projected that the need for mandatory
restrictions would increase to about 3-in-10 years with a 5-degree temperature increase, a 2.5-
times increase over current shortage trends. These vulnerabilities underscore the importance of
maintaining an impactful water efficiency program for long-term demand management.
Similar to the WSVS findings, the CWCB’s 2023 Colorado Water Plan identifies a gap between
water supply and demand for the South Platte River Basin, and notes that the combination of
scarcity, growth, and future uncertainty will stress water resources.
1.3.1 Climate
Fort Collins is already experiencing the effects of climate change. With rising global
temperatures, it is expected that disruptive events like wildfires, drought, and floods will increase
in intensity and severity (Figure 3), as described in the 2021 Our Climate Future Plan . Local
impacts are likely to include less reliability of water supplies and more demand for water to
maintain existing landscapes, creating pressures on both sides of the supply-and-demand
balance.
Figure 3: Climate hazards facing Fort Collins
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In 2024, the Colorado Climate Center published its third edition of the Climate Change in
Colorado5 report, which documented a 2.3 degree Fahrenheit increase in the statewide annual
average temperature from 1980-2022, and projects temperatures to rise an additional 1.0-4.0
degrees by 2050. For the Northern Front Range region, the report notes slightly greater future
warming. The report also anticipates more frequent and intense droughts, regardless of
precipitation rates in the future.
Colorado Climate Center researchers provided a customized analysis of localized future
maximum temperature and precipitation projections for Fort Collins. This analysis used Coupled
Model Intercomparison Project Phase 6 (CMIP66) climate datasets that were statistically
downscaled using the Localized Constructed Analogs (LOCA)7 method, which yields an
ensemble of modeled climate projections at a localized geographic scale suitable for hydrologic
modeling. The Shared Socioeconomic Pathway scenario SSP2 -4.58, informally referred to as
the “middle-of-the-road" scenario, was used for the Fort Collins analysis.
The Colorado Climate Center analysis produced monthly maximum temperature and total
precipitation outputs for 1991 -2100. The 1991-2014 period is a subset of the historical climate
simulations from the CMIP6-LOCA dataset, and the 2015 -2100 period uses future climate
projections under the SSP2-4.5 scenario. Data were statistically processed to generate a mean
and range of projections for each month in this time period. The range was defined by the mean
of model predictions plus/minus one standard deviation. Figure 4 (upper plot) presents the
range of predicted temperatures for 2040 , as well as the average for the 30-year period from
1991-2020, which was used as the WET model baseline . The lower plot in Figure 4 presents the
same information for total monthly precipitation.
As shown in the figures, climate model projections for the Fort Collins area indicate that , by
2040, monthly maximum temperatures will generally be warmer relative to the 30-year period
from 1991-2020. Climate model predictions for monthly precipitation vary, suggesting that it is
difficult to predict whether the future amount of precipitation in Fort Collins is likely to be higher,
lower, or similar to the 1991-2020 period.
5 Available online at climatechange.colostate.edu.
6 CMIP6, coordinated by the World Climate Research Programme, is the most current set of global
climate model data produced using numerous climate models within an integrated framework. Additional
information is available at pcmdi.llnl.gov/CMIP6.
7LOCA version 2 datasets provide CMIP6 climate model projections over a 6-kilometer grid scale.
Additional information is at loca.ucsd.edu. Dr. David Pierce at the UC San Diego Scripps Institution of
Oceanography lead the development of this open-source dataset, which is available for download at
cirrus.ucsd.edu/~pierce/LOCA2/CONUS_regions_split/.
8 Shared Socioeconomic Pathway scenario describes the future scenarios of human societal
developments used in climate modeling. The SSP2-4.5 pathway is a scenario in which the current
patterns of social, economic, and technological trends are similar to historical patterns.
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Water Utilities staff used the Colorado Climate Center’s projections to generate monthly
temperature and precipitation inputs to model water demand and efficiency strategy savings for
this WEP.
Figure 4. Predicted monthly maximum temperature and monthly precipitation for Fort Collins, relative to
1991 - 2020.
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1.3.2 Storage Constraints and Planned Improvements
Water Utilities needs additional storage capacity to increase the yield and reliability of its water
supply system. Acquiring storage in the Poudre River basin would strengthen Water Utilities’
water supply sources by reducing reliance on C-BT storage and thereby minimizing risks
associated with Colorado River basin shortages. Additionally, storage can increase the benefits
of water efficiency by holding unused water and making it available during times of water need.
In 2003, Water Utilities acquired the ability to enlarge Halligan Reservoir, located on the North
Fork of the Poudre River, to provide an emergency storage reserve, increase drought security,
improve water system reliability and flexibility , and meet future water demands. Water Utilities is
currently going through the permitting processes with plans for its expansion and future water
storage use. The U.S. Army Corps of Engineers issued the Final Environmental Impact
Statement in 2023. Water Utilities continues to pursue the required permits ahead of
construction.
1.3.3 Water Supply Risk Responses
Table 2 summarizes future water supply needs and challenges. In addition to water efficiency,
increased water storage (i.e., Halligan Water Supply Project), conservative water supply
planning criteria, a robust water supply portfolio, and forward -looking land use planning are
utilized to prepare for risks and adapt to a changing climate .
Table 2: Potential limitations/future needs related to water supply system planning
Future Need/Challenge Yes No
System is in a designated critical water supply shortage area ✓
System experiences frequent water supply shortages and/or supply emergencies ✓
System has substantial real or apparent water losses ✓
Experiencing high rates of population and demand growth ✓
Planning substantial improvements or additions ✓
Increases to wastewater system capacity anticipated ✓
Need additional drought reserves ✓
Drinking water quality issues ✓
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Future Need/Challenge Yes No
Aging infrastructure in need of repair ✓
Issues with water pressure in portions of distribution system ✓
Wildfire and post-wildfire runoff might impact source watershed ✓
1.3.4 Growth and Water Supply Requirements
To provide reliable water for development, including water rights and associated infrastructure,
Water Utilities charges one-time Water Supply Requirement (WSR) fees to customers
developing or redeveloping a property with a new water tap. This process ensures new
developments share in the responsibility to guarantee a reliable source of water for all
customers for years to come. WSR fees vary based on a development’s characteristics:
• Outdoor area and number of bedrooms for residential customers
• Building square footage and use type for commercial customers
• Landscape water needs as defined in the water budget table for irrigation-only taps
(required in the City’s Land Use Code)
Ongoing water use by commercial and irrigation-only accounts is managed through annual
water allotments associated with each tap. Accounts with annual use that exceeds the allotment
volume must pay an excess water use surcharge. Funds collected through surcharges help
offset water use that exceeds the allotment and allows Water Utilities to acquire additional water
supplies and maintain infrastructure.
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2 Profile of Water Demand and Historical
Demand Management
In average and wet years, Water Utilities’ water rights yield more water than the service area
demands. However, dry conditions and other issues like infrastructure outages and water quality
concerns (e.g., due to fire s) contribute to water restrictions being enacted approximately once
every 10 years to address these potential water supply shortages. Water demand management
activities have successfully balanced the potential for growth-driven demand increases in recent
years.
2.1 Demographics and Key Characteristics of the Service Area
Water Utilities estimates the population of the water service area was approximately 139,000 in
2024. Although the 35-square mile water service area boundary does not coincide with city
limits, city-wide demographics9 are useful for a general understanding of the service area. In
2023, Fort Collins was home to approximately 170,000 residents, including 30,000 students.
Population continues to grow, although the rate of growth has slowed in recent years. Buildout
of remaining undeveloped greenspace is expected by approximately 2040 for the current city
limits and the Water Utilities service area, but additional redevelopment is anticipated to occur
after that. The average household size is 2.27 people, the median age is about 31 years old,
and about 10% of households speak a language other than English at home. About 52% of
homes are owner-occupied. The median single-unit home value is $548,400 and the median
monthly gross rent is about $1,700. About 11% of housing is estimated to have been built
before 1960 and about 40% of homes were built before 1980. The median household income is
about $82,000. Approximately 15% of residents meet the federal definition of poverty.
Fort Collins is home to two major public higher education institutions: Colorado State University
and Front Range Community College. Large employers include education, healthcare, and high-
tech companies. The city is also home to numerous breweries – both microbreweries and larger
breweries that export products across the country – as well as service-related and small
businesses.
2.2 Historical Water Demands
Water Utilities monitors customer water demand as well as system leaks and losses using
advanced meter infrastructure (AMI), billing data, and monitoring points in the water treatment
system. This robust data supports analysis of seasonal and daily variability across different
customer types.
9 Demographic data for the City of Fort Collins based on the 2020 Census and the 2019-2023 American
Community Survey data.census.gov/profile/Fort_Collins_city,_Colorado?g=160XX00US0827425 and
Quick Facts census.gov/quickfacts/fact/table/fortcollinscitycolorado/IPE120223#IPE120223.
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Up until the early 2000s, the Water Utilities’ service area population growth was largely matched
by an increase in total water demands. Like many other Colorado communities, the 2002 -03
drought spurred Water Utilities customers to rethink their water use. While the population has
continued to grow, water demands have exhibited a downward trend as illustrated Figure 5.
From 2000 to 2024, the service area population increased about 28% while the 3-year average
total treated water demand decreased by about 22%. These reductions are partially due to
historical foundational demand management activities such as providing AMI and applying
efficiency-oriented water rate structures. A strong water efficiency program, efforts by
customers, state-level actions, and the actions described in Section 2.3 have also contributed to
demand decreases.
Figure 5: Annual total treated water and service area population
Figure note: Water treatment volume includes customer demands, non-revenue losses, wholesale, and contractual
obligations.
Daily water demand varies considerably throughout the year. Water use is fairly consistent
throughout the winter months, then more than doubles in the summer months as customers
increase use for landscapes and other seasonal purposes . Figure 6 illustrates a five-year
average of daily treated water and includes the peak date and volume for each year,
highlighting the variability of water demand from year to year.
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Fort Collins Utilities
Treated Water Service Area Population
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Treated Water Service Area Population
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34
Figure 6: Daily total water treated (2020-2024)
Figure note: Water treatment volume includes customer demands, non-revenue losses, wholesale, and contractual
obligations.
2.2.1 Water Demand by Customer Sector
To better understand how customers use their water, Water Utilities evaluated water use for
various residential and commercial customer categories. Customer categories were assigned
based on billing codes10 and county tax assessor classifications. Table 3 and Figures 7-10
summarize average water use by customer sector and application (indoor or outdoor). While
most accounts are single-unit residential accounts, commercial customers use the most water
on a per account basis.
As shown in Figures 7-10, residential categories collectively use the most billed treated water
each year: about 63% on average with about 41% attributable to single -unit residences.
Commercial customers use about 37% of billed treated water on average. The largest
commercial use categories are irrigation-only and homeowner association (HOA) accounts
(10%) and offices (8%), followed by combined education, healthcare, group assembly, and
group housing (6%), and hospitality and retail (6%). Industrial and other commercial customers
use less than 3% of the total billed treated water delivered each year. City government
buildings, facilities, and landscapes use about 2% of the billed treated water each year (raw
water use by City facilities is discussed in Section 2.2.5).
10 Wholesale water deliveries and contractual obligations have unique service agreements that differ from
other customers. These water uses are included in the treated water totals shown in Figures 5 and 6;
however, they are not included in the analysis of demands by customer sector in Section 2.2.1. Water
Utilities treats and delivers about 900 MG for wholesale and contractual use.
0
20
40
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80
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120
140
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Daily Treated Water Volume, 2019 -2024
Fort Collins Utilities
Average
Maximum
Minimum
Peak Daily Use
2019: Sep.2, 40.8 MG
2020: July 10, 43.5 MG
2021: July 28, 41.4 MG
2022: July 11, 39.8 MG
2023: July 17, 35.9 MG
2024: July 13, 41.7 MG
0
5
10
15
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25
30
35
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1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec
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Average
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Minimum
Peak Daily Use
2020: July 10, 43.5 MG
2021: July 28, 41.4 MG
2022: July 11, 39.8 MG
2023: July 17, 35.9 MG
2024: July 13, 41.7 MG
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Table 3: Billed treated water use by customer category (2020-2024)
Customer Category
Number
of
Accounts
Average
Annual
Water
Use
(MG)
Portion
of all
Billed
Use
(%)
Average
Annual Use
per
Account
(gal)
Indoor /
Seasonal
Use
(% of total
annual use)
Residential
Single-unit residential 29,200 2,320 41% 79,400 51% / 49%
Multi-unit residential 2,460 1,060 19% 463,000 77% / 23%
Duplex 1,350 124 2.2% 92,000 66% / 34%
Total billed residential 33,000 3,520 63% n/a 59% / 41%
Commercial
Irrigation-only & HOAs
(excludes City accounts) 627 548 10% 1,800,000 0% / 100%
Office 367 471 8.3% 1,280,000 72% / 28%
Education, healthcare, & group
assembly/housing 425 324 5.7% 762,000 59% / 41%
Hospitality, retail, & services 644 324 5.7% 889,000 73% / 27%
Industrial
(excludes wholesale and large
contractual deliveries)
50 144 2.6% 2,930,000 78% / 22%
City government
(includes treated water irrigation) 253 100 1.8% 616,000 14% / 86%
All other commercial 383 166 2.9% 434,000 66% / 34%
Total billed commercial 2,130 2,750 37% n/a 53% / 47%
Total billed demand 35,130 6,270 100% n/a 55% / 45%
Note: Billed water volume shown excludes wholesale and contractual obligations, which were approximately 900
MG per year from 2020-2024. Non-revenue losses and raw (non-treated) uses are also not included in this table.
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Figure 7. Annual billed treated water use for residential and commercial customers
Figure note: Billed water volume shown excludes non-revenue losses, wholesale, and contractual obligations.
Figure 8. Billed treated water use by customer category (2020-2024)
Figure note: Billed water volume shown excludes non-revenue losses, wholesale, and contractual obligations.
0
5,000
10,000
15,000
20,000
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
2020 2021 2022 2023 2024
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Billed Treated Water
Fort Collins Water Utilities
Residential Indoor Commercial Indoor Residential Seasonal Commercial Seasonal
Single-unit Residential
41%
Duplex Residential
2%Multi-unit Residential
19%
Office
8%
Education, Healthcare,
Assembly, Group
Housing
6%
Irrigation-only & HOAs
(excludes City)
10%
Hospitality, Retail, &
Services
6%
All Other Commercial
3%Industrial
3%
City Accounts
2%
Annual Average Water Use, 2020 -2024
by Customer Class
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2.2.2 Seasonal Demand
Indoor and outdoor/seasonal11 water use for residential and commercial customers is shown by
month in Figure 9. Outdoor water use depends highly on weather, occurs primarily from May
through November, and accounts for about 40% of total annual water use . During warmer
months, outdoor applications represent more than half of all water use. The percentage of
demand by customer type is presented for indoor and seasonal uses in Figure 10. Irrigation-only
and single-unit residential accounts make up the greatest total portion of outdoor/seasonal
water use.
Figure 9. Average monthly metered and billed treated water use (2020-2024)
Figure note: Billed water volume shown excludes non-revenue losses, wholesale, and contractual obligations.
11 A winter quarterly average was used to estimate indoor water use. It was assumed that no outdoor use occurs in
those months. For all other months, any demand greater than the winter quarter average is attributed to outdoor or
other seasonal uses.
0
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1,000
1,500
2,000
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3,000
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Residential Indoor Commercial Indoor
Residential Seasonal Commercial Seasonal
Average total billed water use
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38
Figure 10. Average indoor (top) and seasonal (bottom) water use by customer sector (2020-2024)
Figure note: Billed water volume shown excludes non-revenue losses, wholesale, and contractual obligations.
Single-unit Residential
38%
Duplex Residential
3%
Multi-unit Residential
27%
Office
11%
Education, Healthcare,
Assembly, Group
Housing
6%
Irrigation-only & HOAs
(excludes City)
0.5%
Hospitality, Retail, &
Services
8%
All Other Commercial
3%Industrial
4%
City Accounts
0.4%
Single-unit Residential
46%
Duplex Residential
2%
Multi-unit Residential
10%
Office
5%
Education, Healthcare,
Assembly, Group
Housing
5%
Irrigation-only & HOAs
(excludes City)
21%
Hospitality, Retail,
& Services
4%
All Other Commercial
2%
Industrial
1%City Accounts
4%
Outdoor & Seasonal Average Water Use, 2020 -2024
by Customer Class
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2.2.3 GPCD: Water Demand Per Person Per Day
System-wide per capita demand measured in gallons per capita per day (GPCD) is a common
metric to evaluate water use independent of population growth. The Water Conservation
Division tracks GPCD to monitor trends and compare to past WEP goals. The Water
Conservation Division calculates GPCD as the annual total treated volume of water divided by
the service area population and 365 days. This calculation includes non-revenue system losses
but excludes water used for wholesale and contractual obligation s. Other Water Utilities
departments and other water providers calculate GPCD using different methods. Because of
this, GPCD metrics should not be used for comparisons between water providers.
Figure 11 shows total GPCD from 2010 through 2024. The per person demands declined
significantly over the last few decades. However, per capita consumption has remained fairly
steady since 2017, suggesting that Water Utilities and customers will need to take additional
actions to continue lowering demand on a per capita basis.
Water Utilities met the previous WEP goal – reduce demand to 130 GPCD by 2030 – once, in
2023. In that year, the service area experienced unusually high precipitation during irrigation
months, which encouraged customers to reduce their outdoor water use. In 2024, per-capita
demand was 135 GPCD (draft value), similar to pre-2023 levels.
Figure 11. Water use in GPCD and service area population (2000-2024)
Figure note: GPCD values include non-revenue system losses and exclude wholesale and contractual obligations.
0
20
40
60
80
100
120
140
160
0
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140 GPCD (2010 WEP Goal)130 GPCD (2015 WEP Goal)
Service Area Population
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2.2.4 System Water Loss
Every water utility experiences water losses within production and distribution resulting in non-
revenue water. Water Utilities uses the American Water Works Association (AWWA) M36 Water
Loss Audit standards12 as required by CWCB. This annual audit is focused on water loss within
the distribution system before the customer meters. By collecting and reporting water loss audit
data, Water Utilities can increase accountability, recover more revenue, better understand the
distribution system, minimize system losses, and track annual variability. The audit incorporates
detailed data from various Utility departments to determine types and volumes of water loss,
financial loss, and operational efficiency.
The AWWA Water Loss Audit provides a water balance (Figure 12) that compares the volume
of water entering a distribution system to the amount of water billed to customers and not
accounted for. Each year, Water Utilities can calculate the revenue (i.e., billed) and non-revenue
(i.e., physical losses like leaks, and apparent losses like unbilled water uses or data
inaccuracies) water from this balance.
Figure 12. Water balance components evaluated in water loss audits
From 2019 to 2023, total non-revenue losses for the treatment and distribution system were
estimated to range from 157 to 391 MGY. Of this, Water Utilities estimates that real physical
losses from distribution system leaks range from 81 to 195 MGY. Although these real physical
losses are an area of opportunity for water efficiency savings through leak detection,
maintenance, or operations, the AWWA analysis predicts that some amount of real losses are
unavoidable and will persist. Through Water Utilities’ Leak Detection Program, crews continually
monitor for system leaks with electronic leak-detection equipment and repair water main lines.
Approximately 500,000 linear feet of main line is surveyed annually (about 20% of the full
distribution system) and approximately 100 main breaks are repaired annually.
12 Available online at awwa.org/Resources-Tools/Resource-Topics/Water-Loss-Control
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In addition to the non-revenue and revenue water volume, Water Utilities tracks three other
annual water loss metrics to understand the potential scale of non -revenue losses and the
confidence in the audit results:
• Water Loss per Connection per Day: From 2019 to 2023, the average daily water
loss per connection was 19.6 gallons.
• Data Validity Score : From 2019 to 2023, the average data validity score was 56.8,
which was within the expected range and indicated confidence in the input data.
• Infrastructure Leak Index: From 2019 to 2023, the average infrastructure leak index
was 0.54. Leak index values less than 1.0 indicate that either loss control is highly
effective, or a portion of audit is flawed, and some losses have not been
documented.
Water Utilities staff will continue to complete annual AWWA water loss audits and work to
evaluate input data and results to improve understanding of both physical and apparent water
losses.
2.2.5 Raw Water Use
In general, raw water use is managed through agreements separate from Water Utilities and is
not subject to Water Utilities’ jurisdiction. Therefore, Water Utilities is not considered a dual
water provider (as defined in the CWCB’s WEP guidance) and raw water uses are not
discussed in detail in this WEP. Many entities, including private owners, schools, higher
education, and HOAs irrigate with raw water.
The City diverts about 3,000 AFY (978 MGY) of raw water to irrigate City parks, golf courses,
cemeteries, greenbelt areas, agricultural lands, and some school grounds. Water Utilities also
provides approximately 4,000 AFY (1,300 MGY) of raw water to other entities to meet
obligations and to fulfill exchanges and agreements. The City and Water Utilities recognize
value in prioritizing raw water over treated water for irrigation, particularly due to lower water
cost and avoiding unnecessary water treatment and distribution resources. Irrigation ditches and
ponds used to convey and store raw water can provide ecological benefits such as habitat and
wildlife corridors, although water loss through seepage and evaporation can also occur. City
properties that have some a reas of raw water irrigation are shown on Figure 13.
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Figure 13. City properties that use raw water irrigation
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2.3 Past and Current Demand Management Activities
This WEP update builds on past efficiency program strategies. Water Utilities created its first
water efficiency position in 1977, and efficiency staffing and actions have continued to increase
over time. A brief history of Water Utilities’ water efficiency goals and activities is provided in
Appendix A.
The City and Water Utilities have a strong commitment to efficiency that is evident in a long
history of working with community members to lower water demand, respond to shortages, and
maintain a high quality of life that includes beautiful, healthy landscapes. Water Utilities’
programs help customers collectively reduce 155 MGY on average, an annual reduction of over
2.3% in water demand. Water Utilities’ portfolio of current and planned new efficiency strategies
is discussed in detail in Section 4, with additional information provided in Appendix C.
Figure 14 shows tracked annual water savings from water efficiency programs. Annual
efficiency savings include only the water savings estimated for new actions implemented in a
given year. This is a conservative approach that avoids over -estimating impacts that can vary
year-to-year due to changing individual behaviors, However, ma ny efficiency actions have
ongoing savings that can continue for years (e.g., installing an efficient toilet or replacing turf
with a xeric landscape). Even more water savings come from actions such as education,
outreach, and marketing, with hard-to-measure water use impacts. Our active efficiency and
educational strategies, as well as external influences including statewide regulations and
passive savings from new technologies, together help Water Utilities manage overall water
demand despite upward pressures from climate change and growth.
Figure 14. Annual treated water demand and savings from water efficiency programs
Figure notes:
1.9%*2.3%2.5%
2.1%
2.5%
0
6,000
12,000
18,000
24,000
0
2,000
4,000
6,000
8,000
2020 2021 2022 2023 2024
Ac
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t
(
A
F
)
Mi
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s
(
M
G
)
Treated Water Demand Measured Efficiency Savings
______________________________________________________________________________________
* This chart shows the 2020 efficiency program savings of 130 MG. In that year, an additional 105 MG reduction
resulted from 30 days of mandatory restrictions due to an infrastructure project and wildfire.
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Treated water volume shown includes non-revenue losses and excludes wholesale and contractual obligations.
2024 values are draft and subject to change.
* This chart shows the 2020 efficiency program savings of 130 MG. In that year, an additional 105 MG reduction
resulted from 30 days of mandatory restrictions due to an infrastructure project and wildfire.
2.3.1 Demand Management for Short-Term Water Shortages
The Water Shortage Action Plan (WSAP) establishes conditions and restrictions to manage
Water Utilities’ water supply in the event of projected shortages as established by City Code
Section 26-167(a). A water shortage occurs when the projected water supply is less than the
anticipated water demand as defined by the policy. Events including drought, water quality
issues (i.e. contamination, fire, etc.), and infrastructure issues (i.e. pipeline failure, required
water treatment facility maintenance, etc.) are all possible water shortage risks.
The response actions identified in the WSAP are designed to rapidly achieve short-term
solutions. In contrast, the current and proposed efficiency and demand management strategies
described in this WEP are intended for long-term water demand management. Some shortage
response actions may also be appropriate as long-term demand reduction strategies and have
been evaluated as possible WEP strategies.
2.3.2 Land Use and Water Integration with Demand Management
Demand management is supported by thoughtful integration of water and land use planning to
consider current and future water needs together with development and growth patterns. In
planning for future scenarios, it is critical to consider the relationship between land use and
water efficiency. The City of Fort Collins has participated in two Growing Water Smart
workshops in recent years that have each been attended by the Planning, Transportation, and
Development (PDT) team as well as Water Utilities staff. Those workshops, along with other
business needs, have helped to foster regular interaction between the Water Conservation,
Water Resources, PDT, and City leadership teams. Water Conservation staff play an active role
in the Development Review process by examining and approving all commercial and multi-unit
residential irrigation plans in compliance with the City’s Land Use Code. PDT and Water
Conservation staff have collaborated to update landscape ordinances, including a requirement
that caps the average annual maximum commercial landscape water requirement at 11 gallons
per square foot. As of 2022, the WSR is commensurate with the estimated water demand of the
new landscape, so developers are further incentivized to design and install low-water
landscapes. Descriptions and estimated water savings from water efficiency activities and
strategies that integrate closely with land use are included in Appendix C.
2.4 Demand Forecasts for Water Efficiency Planning
For this WEP, the portion of water demand associated with customer water use is most relevant
to water efficiency programming and is tracked and predicted on short-term monthly or annual
time scales. This WEP does not provide detailed demand forecasts for overall water supply
planning but instead focuses on demand projections associated with billed residential and
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45
commercial water use plus non-revenue losses associated with distributing treated water to
those customers.
Future water demands are largely dependent on population change , growth patterns, service
area boundaries, rates of commercial and industrial development, and climate. The rate s and
patterns of population growth and associated water demands are also influenced by the
economy, land use policies, development incentives, and other factors.
2.4.1 Population Projections
Estimating the current and future population to be served by Water Utilities is challenging. Its
service area boundary does not coincide with the city limits and, therefore, official population
estimates from the U.S. Census or other sources cannot be directly used. Staff have adjusted
population estimation methodologies over time. The current service area population is
determined based on the estimated number of residential units multiplied by the average
number of persons per unit, plus the estimated population living in group quarters. Service area
population is re-calculated each year to reflect changes, particularly the number and type of
residential units. The current service area population estimates are lower than past estimates
due to an updated methodology as well as observed slowing in rate of growth. Based on U.S.
Census data for the entire City of Fort Collins, population growth averaged 3-4% annually in the
1960s-1980s, and 2-3% annually through the early 2000s. Recently, the rate of growth has
slowed to about 0.1% per year from 2020-2023.
Water Utilities and PDT staff collaborate to align data and develop the methodologies used to
project future population. Staff estimate the number and type of expected residential units based
on available undeveloped land, zoning density allowances, and an estimated amount of growth
from redevelopment following full buildout of undeveloped land. Water Utilities then uses the
expected number and type of residential units to project future population.
It is anticipated that Water Utilities’ water service area and the current city limits will reach build-
out near 2040, meaning that all vacant, buildable land will be developed. Buildout of the GMA is
likely expected to occur after 2050, which could influence growth patterns within the Water
Utilities service area. After buildout, it is assumed that the water service area population will only
grow via redevelopment. Variables that drive population growth and water demands during
redevelopment include changes in population density, landsca pes, and conversion of
commercial spaces to mixed use or multi-unit residential. Due to the unpredictability of these
variables, a range of growth scenarios are used to evaluate possible future demands.
Figure 15 presents recent and projected residential population growth in the water service area.
The projections are based on the current amount of land available for development, current land
use zoning, and assume buildout by 2040. Water Utilities will continue to update population
projections using the best available data. Updated City population projections will be included in
the next municipal comprehensive plan update and will be incorporated into the next WEP
update.
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Figure 15. Current and projected population for the Water Utilities service area
2.4.2 Demand Scenarios
A variety of future conditions that impact water demand are possible for the Water Utilities. Two
bounding scenarios were used to estimate the range of demands for water efficiency planning in
this WEP:
• Moderate growth, no climate change – This “status quo” scenario is based on
residential growth projections shown in Figure 15 that assume development of
available land by 2040 and current land use zoning, with a service area residential
population of 155,150 in 2040. This scenario assumes that temperature and
precipitation are consistent with what Fort Collins experienced during the recent 30-
year period from 1991-2020 (average lines shown in Figure 4).
• High growth, hot and dry – This “higher demand” scenario is based on higher
residential growth (more multi-unit dwellings and higher average persons per
household), with a service area residential population of 164,280 in 2040. This
scenario also assumes that the number of commercial water accounts increased by
10% by 2040, for all commercial sectors. Finally, this scenario applies the upper
(mean plus one standard deviation) monthly maximum temperature projections and
lower (mean minus one standard deviation) monthly precipitation projections for Fort
Collins based on downscaled local climate model projections, as described in
Section 1.3.1 and shown in Figure 4.
Both scenarios assume current levels of passive and active water conservation , and assume
8% distribution system loss.
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
20
0
4
20
0
6
20
0
8
20
1
0
20
1
2
20
1
4
20
1
6
20
1
8
20
2
0
20
2
2
20
2
4
20
2
6
20
2
8
20
3
0
20
3
2
20
3
4
20
3
6
20
3
8
20
4
0
Water Utilities Service Area Residential Population
Single-Unit Housing Multi-Unit Housing
Duplex Housing Other Population
Total Residential Population Projected Total Residential Population
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2.4.3 Residential and Commercial Demand Projections
Customer demands are highly variable, can be further analyzed by customer type, and are
influenced by demand management, weather, and land use development patterns. These
variable customer demands are the focus of efficiency planning and tracking. Past customer
demand trends are presented in Section 2.3. Future demand projections provide the foundation
for setting the efficiency goals defined in Section 3 and the efficiency strategies described in
Section 4.
Water Utilities staff work with consultants to model future water demands. Two key modeling
tools are the new Water Efficiency Tool (WET), developed for this WEP update to enable
examination of the potential water savings of certain efficiency programs, and the Demand
Estimation Tool (DET) developed for the 2019 Water Supply Vulnerability study . Both models13
evaluate the complex interactions that drive water demand and can be used to predict future
demands for the Water Utilities service area under a range of growth, economic, and climate
scenarios.
Figure 16 presents historical residential and commercial customer demand (including system
losses but excluding large contractual obligations and wholesale), with projected future demand
based on modeling a range of possible population growth and climate scenarios. The
projections are based on existing levels of water efficiency savings and do not include potential
savings from new strategies identified in Section 4. The modeled projections indicate that
without efficiency and/or significant changes in landscaping choices, outdoor water use will
likely increase over the coming decades as customers strive to maintain their landscapes in a
hotter and longer growing season. As discussed in the Water Supply Vulnerability Study,
increased demand could drive more frequent water shortages and resulting restrictions.
13 The WET model was developed specifically to evaluate how water given efficiency strategies impact
customer demands in a variety of scenarios. The intended outcome (efficiency planning) and hybrid
econometric/end-use specific projection mechanisms in WET are distinct from past GPCD -based
projections (such as used in long-term supply planning and for the Halligan Water Supply Project) or the
demand estimation tool model, which supported risk analyses in the 2019 Water Supply Vulnerability
Study. Instead, the WET focuses solely on the subset of total water use associated with bil led residential
and commercial customer demands. The WET was not used to predict future large contractual or
wholesale demands, does not incorporate storage reserve targets, and does not include a water supply
component. WET is a hybrid model that integrates (1) econometrics to examine the impacts of
demographic, economic, and climatic factors on water demand variability with (2) water end-use
accounting, which is the systematic analysis of how water is used at the household or unit level by
residential or commercial “end-users”.
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Figure 16. Historical (2000-2024) and range of projected (2025-2040) water use under possible future
climate and growth scenarios
Figure note: Historical water use and projections include customer demands and non-revenue losses, and exclude
wholesale and contractual obligations.
2.4.4 Additional Considerations for Overall Water Resource Supply Planning
Overall water supply planning is led by the Water Utilities Water Resources Division and
includes all aspects of supply needs including obligations, contractual agreements, system -wide
reuse, losses both upstream of treatment and in distribution, and reserve factors . The WSDMP,
described in Section 1.2, defines Water Utilities’ overall water supply planning criteria. The
Water Resources Division tracks and projects all water supply needs for comparison to the
supply yields presented in Section 1 . Key water demand considerations for overall supply
planning are presented here for reference, but are not factored into WEP water efficiency goals,
savings projections, or analysis of historical demand by customer sector:
Large Contractual Obligations
Water Utilities has contractual obligations to provide water for the current and future demands of
certain large industrial water users. Large contractual users’ (LCUs’) water use is estimated
separately from population-based customer water demand projections and is not included in the
GPCD metric because it can significantly skew the per capita demand rates. For long -term
supply planning, LCU projections are added to projected cus tomer demands, which are based
on population projections and the 150 GPCD set in the WSDMP. The total LCU water use for
2040 is estimated to be about 8,000 AFY and will require a mix of single-use and reusable water
sources.
12,000
16,000
20,000
24,000
28,000
4,000
6,000
8,000
10,000
20
0
0
20
0
5
20
1
0
20
1
5
20
2
0
20
2
5
20
3
0
20
3
5
20
4
0
Ac
r
e
-Fe
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t
Mi
l
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i
o
n
G
a
l
l
o
n
s
20-yr
average
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Wholesale Water Treatment
Through an agreement, Water Utilities provides wholesale treated water to the approximately
4,000 WFCWD customers, and most of those customers are residential. In return, Water
Utilities is reimbursed with an equivalent amount of C -BT supply. Water Utilities delivered an
average of 163 MGY (500 AFY) of treated water to WFCWD over the last decade. Because the
treated water is reimbursed, WFCWD demand is not considered in planning for future
storage/water right needs.
Commercial Allotments
Water Utilities assigns non-residential water customers an annual water allotment pursuant to
Sec. 26-149 of the City Municipal Code. Water use that exceeds the annual allotment is subject
to an excess water use surcharge. Unlike regular utility rates, which cover the cost of operation
and maintenance of the distribution system, revenue from surcharges go toward acquiring,
developing, and improving Water Utilities’ water resources to lessen the impact of customers
exceeding their planned water demand. Both the used and unused volume of allotments is
tracked annually for supply planning purposes. Commercial customers collectively use about
41% of the total allotments issued. However, this varies from year-to-year based on economics,
irrigation needs, or other factors.
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3 Integrated Planning and Water Efficiency
Benefits and Goals
Water efficiency is a key component of the City’s One Water approach to collaborative and
holistic water resource management that promotes healthy watersheds, resilient communities,
and water equity.
City of Fort Collins Water Utilities’ mission statement: We are a One Water Utility,
providing exceptional water services for our community through integrated,
resilient, and equitable practices and systems.
The collaborative One Water approach aligns with the WEP guiding principles and drove the
WEP update process:
• Selection of water efficiency goals (Section 3.1)
• Integrated land use planning and water efficiency (Section 3.3)
• Applying an equity lens to engagement and efficiency implementation (Section 3.4)
• Engagement with community and City staff (Section 3.5)
• Selection of efficiency strategies (Section 4)
In addition to applying a One Water approach, this WEP update strives to align with key related
policies and plans, described in Appendix B, that provide direction and/or complement Water
Utilities’ water efficiency efforts.
Collaboration with Other Water Providers
Some areas within Fort Collins’ growth management area are served by neighboring water
providers. The largest adjacent water providers, ELCO and FCLWD, have their own WEPs that
describe goals and strategies for their service areas . Water Utilities values these partnerships
and continues to look for ways to collaborate through coordinated information-sharing, planning,
communications/outreach , and efficiency strategies.
Important differences exist between the Water Utilities, ELCO, and FCLWD, including source
water supply portfolios, organizational policies, size, staffing, mission and vision, financial
resources, and growth patterns. Through ongoing and increased collaboration across water
providers, there are opportunities for to better plan for risk and improve the resiliency of the
water supply systems, and improve alignment and understanding of policies, plans and
processes to best serve customers. An analysis conducted in 2021-2022 by consultants, titled
“Water Resources Matters in the Fort Collins Growth Management Area: Study Report Results ,”
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identified over 100 challenges and potential solutions to improve coordination across water
providers.
Current strategies for collaboration and coordination between water providers include :
• Interconnected infrastructure in the treatment and distribution systems
• Regular information sharing about water supply and potential restrictions status
• biannual check-in meetings with FCLWD through the Water Utilities Business
Resource Team, which supports industrial customers
The WEP includes new strategies expected to encourage collaboration across water providers,
such as:
• Establish regular contact and information sharing between Fort Collins water
providers and Planning staff
• Integrate water into strategic plans and policies
• Support One Water efforts and an integrated demand management approach
3.1 Water Efficiency Goals
This WEP sets two water efficiency goals to guide Water Utilities, City, and customer actions
(Table 4). The goals reflect community feedback, staff input, and a commitment to act now to
build resilience and minimize future water shortage risks.
Goal 1 was set based on a “top-down” analysis of expected demand increase paired with a
“bottom-up” analysis of feasible savings: Staff estimated future water demand increases based
on a range of growth and climate conditions (“top down”), then set a reduction goal based on (1)
outperforming historical Water Conservation Division program savings of approximately 2%
each year, paired with (2) analysis of cumulative potential water savings from efficiency
strategies described in Section 4 of this WEP (“bottom up”).
The volume of savings associated with the 4% reduction in Goal 1 is determined based on
projected demands for Water Utilities’ customers under a range of future growth and climate
scenarios. Because demands vary year-to-year, for a specific percentage reduction target (i.e.,
4%) the volume (millions of gallons) of savings would go up or down based on variability in
consumption. Staff estimate that a 4% reduction in 2040 demand is estimated to require 290 –
350 MG (890 – 1,075 AF) of efficiency savings which reflects the range of estimated 2040
demands driven by different climate and growth scenarios. This level of savings would be an
increase of more than two times over average measured Water Conservation Division savings
from 2020-2024. To gradually progress to the final 2040 goal, interim annual targets will be
tracked from 2030-2040.
To illustrate this concept, Figure 17 shows recent historical customer treated water use (solid
blue line) and the projected range of future customer water demands without efficiency
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programs under different climate and growth scenarios (dashed blue lines). The green shading
represents how the projected customer demands could be lowered with successful attainment
of Goal 1. The green diamonds on Figure 17 represent average efficiency savings from interim
and final Goal 1 targets. It is important to note that the annual percent reduction targets do not
compound year-to-year and will not put Water Utilities on a track to zero water use in the future.
This approach acknowledges that overall Utility-wide demand is likely to increase over time due
to growth and climate change, even with increased efficiency actions and savings
Goal 2 was set based on collaborative discussions across City departments and alignment with
the two-year municipal budgeting cycle , with the intent to average one new landscape resilience
project with each two-year cycle.
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Table 4: Water efficiency goals
Goals Applicability Objectives Key Actions Metrics
Goal 1: Reach
4% annual
reduction in
water use by
2040 to reduce
risk of
shortages
Treated water use in
the Water Utilities water
service area, including
residential, commercial,
and City water use
• Gradually lower demand to minimize the
frequency and magnitude of water
shortages
• Offset a portion of increasing demand
driven by increasing temperatures from
climate change; we anticipate 320 MG
savings is expected to offset the demand
increases driven by an average increase
in monthly maximum temperature of
approximately 2°F by 2040, which is a
plausible future scenario for Fort Collins
based on climate models.
• Reduce barriers, expand access to
efficiency opportunities
• Target 1.1: By 2040,
lower overall annual
treated water use by
320 MG (980 AF)
below projected water
use
• Target 1.2: Double
the volume of savings
from efficiency
strategies by 2040,
relative to 2020-2024
average performance
• Target 1.3: Lower
treated water use at
City properties by a
total cumulative
volume of 5 MG (15
AF) by 2040 average
performance
From 2030 – 2040,
interim annual targets
will be tracked,
increasing to the 4%
reduction goal:
• 2030: 3%
reduction,
estimated at 220
MGY (675 AFY)
• 2035: 3.5%
reduction,
estimated at 270
MGY (830 AFY)
• 2040: 4%
reduction,
estimated at 320
MGY (980 AFY)
Goal 2:
Improve water
efficiency and
build resilience
on City-owned
landscapes, to
benefit the
community and
environment
City-owned landscapes
(not limited by location
or water source);
projects that lower
treated or raw water
use and/or build
landscape resilience on
City-owned properties
within the Fort Collins
GMA will count toward
this target
• Build resiliency in City-owned landscapes
to prepare for a hotter future
• Prioritize water use for landscapes and
places that most benefit the community
• Create highly visible projects that inspire
water-saving actions by individuals and
businesses
• Contribute to the overall WEP Goal 1 by
lowering the City’s water use
• Target 2.1: The City
will implement at least
1 new water saving
project in each 2-year
municipal budget
cycle, for at least 7
new projects on City
landscapes by 2040.
The number of
projects, associated
water savings, and
total project area will
be measured each
year.
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Figure note: Historical water use and projections include customer demands and non-revenue losses, and exclude
wholesale and contractual obligations.
3.2 Benefits of Water Efficiency
Water is both essential to life and limited in our region. Water efficiency strategies are cost-
effective means to manage water use in a way that minimizes water shortage risk, while
providing enough water to support the community’s values, including societal and environmental
benefits. Some conserved water can be stored for periods of drought, leased for agriculture, and
used for beneficial environmental enhancement efforts such as in -stream flow programs.
Increased storage provides a physical location for conserved water and enables Water Utilities
to take full advantage of savings achieved by customers. See Section 1.3 .2 for more information
on the role of storage in supply and demand management planning.
By updating water efficiency goals and strategies, Water Utilities aims to continue reducing
water use to lower the risk of shortages and increase resiliency for its customers. Among the
most significant benefits are the following.
Building Resilience to Drought and Climate Change
Efficiency efforts can help develop a community and landscape that is more resilient to drought
conditions, especially during times of declared water shortage, when water restrictions are
3%
3.5%4%
12,000
16,000
20,000
24,000
28,000
4,000
6,000
8,000
10,000
20
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5
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0
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s
Historic Demand
Projected demand range, without additional efficiency
Projected demand range, with Goal 1 reductions
Goal 1 interim and final targets
Range of
projected
demands
with
successful
attainment
of Goal 1
Figure 17. Water Efficiency Goal 1 interim targets and final 2040 goal
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enforced. Through support of drought planning and implementation of proactive mitigation
efforts, the actions proposed in this plan can help to reduce vulnerability, protect economic
health, and ease the effect of drought on individuals, businesses, and landscapes. By
increasing water efficiency where it makes sense, like building’s plumbing fixtures and unused
high water use grass areas, Water Utilities can help prioritize water availability for uses deemed
high value by the community, such as trees, which mitigate climate impacts and provide
numerous environmental benefits; sports fields, which provide social and physical health
benefits; as well as other multi-benefit purposes. Water Utilities could face significant challenges
in the years ahead managing both water demands and water supplies. With many uncertainties
regarding both water supply and demand, it is prudent to prepare for a wide range of conditions
in the future.
Business Stability through Service Continuity
Water efficiency supports long-term economic growth through service continuity that comes
from few periods of shortage or restrictions, reducing potentially costly or disruptive impacts to
business operations.
Fostering an Efficiency Ethic and Reducing Waste
The success of this plan depends on the cooperation and support of customers. Instilling a n
efficiency ethic is an important foundation for changing habits and attitudes toward water use.
Individual-customer actions make a big difference in protecting quality of life, including today’s
environment and for generations to come.
Demonstrating a Commitment to Sustainability
The City aims to be leaders in this effort. City properties use about 1.8% of all treated water use
in Water Utilities’ service area for buildings, recreational facilities, and landscape irrigation that
provide services to residents, businesses, and visitors. The City also uses 978 MG (3,000 AF)
of raw water to irrigate parks, golf courses, cemeteries, and other greenbelt areas. This WEP
update sets savings targets directed at the City’s water use.
Providing Water for Multiple Beneficial Purposes
Conservation efforts can help provide more water for beneficial uses beyond normal municipal
purposes. For example, the area around Fort Collins continues to be a productive agricultural
area, which in addition to representing economic activity, also provide s significant open space
that many residents desire. When possible, making some of Water Utilities’ surplus water
available for farmers and ranchers to rent provides supplemental revenue for Water Utilities and
its customers. The potential environmental benefits of conserved water are also important.
These can include providing additional flow for the local stream systems, supporting in-stream
flow programs, improving water quality, enhancing aquatic and riparian ecosystems and
recreational opportunities, among other benefits.
Minimizing Increases to Customer Costs
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While water rates are expected to rise over time , using less water can help mitigate the pace of
those increases by reducing overall system demand and operational costs. In addition to
lowering monthly water bills, water efficiency strategies may reduce other costs for a customer
when lower water use actions lead to a reduction in energy use, wastewater use, or landscape
maintenance.
Reducing Water Utilities Costs
Decisions about water supplies, treatment/distribution capacity needs, and storage facilities are
all made in consideration of projected water demand and peak capacity.
• Reduced or delayed acquiring of water rights: if Water Utilities need to acquire
additional water equivalent to the Goal 1 reduction targets, this would cost
significantly more than the cost associated with the Water Conservation Division
programs. Based on 2024 costs, staff estimated that acquiring new water rights
currently costs about $0.20 per gallon, while Water Conservation Division
programming costs less than $0.01 per gallon saved.
• Reduced treatment and distribution costs: Water efficiency can decrease costs by
reducing the amount of chemicals and energy used.
• Delay of capital expansion projects: Decreased wastewater flows have delayed the
expansions of the Drake Water Reclamation Facility treatment capacity from 2010 to
2028.
• Reduced Halligan Water Supply Storage project size: The original Halligan Reservoir
enlargement planned allotment for Fort Collins was 12,000 AF. Among other factors
considered in the federal permitting process, the role of efficiency and the downward
trend in per-person water use resulted in reducing the enlargement to 8,200 AF,
which represents millions of dollars saved.
• Extra Water Treatment Facility capacity: The Water Treatment Facility was last
expanded in 1999, prior to the significant increase in efficiency efforts prompted by
the 2002-03 drought. The total Water Treatment Facility treatment capacity of 87
MGD is larger than the expected future peak demand. In 2013, the City entered into
an agreement with Fort Collins-Loveland Water District to sell FCLWD up to 5 MGD
in excess water treatment capacity.
Avoiding Cost of Inaction
Insufficient action now could lead to future costs, often referred to as the “cost of inaction.” In
the 2023 Colorado Water Plan, the CWCB incorporates climate change into planning scenarios
and notes that climate change introduces substantial uncertainty. It may increase water demand
across all sectors, reduce overall supply, and pose resiliency challenges that must be
addressed in current planning. Although water efficiency activities require resources for program
materials, incentives, and staff, this investment in water efficiency supports long-term adaptation
to climate change, builds resilience, and avoids potential future climate -driven costs.
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Although these costs are hard to predict, one example is the potential damage to the Fort
Collins’ public trees, which have an estimated total replacement value of $112 million. Trees
provide essential ecological services, including air purification and heat island mitigation . In
addition to the environmental cost of services lost, replacing a single tree costs $350 - $450,
and each tree requires intensive care and maintenance for the first two years after planting.
At a broader scale, the CWCB’s Future Avoided Cost Explorer (FACE) calculator estimates that ,
under a medium climate change and moderate growth scenario, Larimer County will experience
a cost increase of 5.1 times the current cost due to climate-driven hazards. Estimated total
damages could reach $9.7 million--or $20 per person--based on projected impacts to livestock,
crops, and recreation.
3.3 Summary of Integrated Land Use Planning Strategies
Integrating water and land use planning minimizes risk of future water shortage by considering
water needs together with development and growth. In planning for future scenarios, it is critical
to consider the relationship between land use and water efficiency. Looking ahead, it is
anticipated that Water Utilities’ water service area will reach build -out near 2040, as described in
Section 2.4.1, while adjacent areas will continue to develop . Changes in housing density,
landscapes, and conversion of commercial spaces to mixed use or residential are all variables
that could influence future water demands but are hard to predict.
Most development activity within Water Utilities’ water service area is overseen by PDT, the City
of Fort Collins’ land use authority. The department plays a central role in managing land use,
zoning, and development proposals. Properties served by other water districts in Fort Collins
city limits (Figure 2) are subject to City land use authority. Larimer County or other municipalities
have land use authority over properties outside of Fort Collins’ City limit and may be served by
Water Utilities or one of the other Fort Collins water providers.
3.3.1 Current Strategies
The City and Water Utilities have prioritized integration of water and land use planning through
many long-term and current strategies, which are briefly listed in Section 4, with additional
details in Appendices C and D. These strategies are primarily focused around collaboration and
thoughtful policy, through actions such as cross-departmental participation in Sonoran Institute’s
Growing Water Smart workshops, basing WSRs for new development on business use and
landscape needs (see Section 1.3.4), and incorporating landscape, irrigation, and soil
ordinances into the City’s land use codes.
3.3.2 New Strategies
Water Utilities and PDT have reviewed and considered all strategies in the CWCB’s Best
Practices for Implementing Water Conservation and Demand Management Through Land Use
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Planning Efforts and have plans to develop the new land use-focused strategies identified and
described in Appendices C and D.
3.4 Equity in Water Use and Demand Management
Numerous City and State efforts support equity in water planning (see Appendix B). The City of
Fort Collins Office of Equity and Inclusion promotes a people-centered, community-focused
approach so that people of all identities can fully participate in City services and experience
equitable community outcomes. The Office of Equity and Inclusion defines equity as both a
process and an outcome: “A process by which policies, programs and tools are developed to
ensure the elimination of existing disparities and includes inclusive engagement that leverages
diversity. It becomes an outcome once a person's identity or identities no longer impacts their
ability to experience equality and access to services .” For water efficiency, Water Utilities and
the City can impact equity through processes, like updating this WEP, and through outcomes,
like efficiency program and policy strategies .
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Staff applied an equity
lens throughout the WEP
update process. This
helped create an inclusive
engagement process that
placed importance on
hearing from
disproportionately
impacted community
members, and in turn
elevated efficiency
strategies that resulted in
more equitable outcomes.
An important guiding
principle for the WEP
update is to develop
inclusive community-
driven water efficiency
goals and strategies
through broad
engagement, as well as
connecting with and
elevating input from
disproportionately
impacted community
members. This includes
community members who
might have the greatest
negative impacts from
water bill costs or climate
change and community
members who have lower
historic efficiency
participation rates. They
may also face barriers to both participating in and benefitting from water efficiency programs
and strategies. Together, Water Utilities refers to these as “disproportionately impacted groups”
in this WEP, which includes the 14 historically underrepresented groups identified in the City’s
Our Climate Future initiative, as well as renters, new residents, and English as a second
language customers.
What is a Disproportionately-Impacted
Group?
Leading with equity in process means asking who is most
impacted by a decision. The WEP update focused
engagement resources towards connecting with
• Community who might have the greatest
negative impacts from water bill increases or
rising temperatures,
• Community members with historically lower
participation rates in water efficiency programs,
including low income, communities of color,
renters, new residents, and non-English
speakers,
• The 14 historically underrepresented groups
identified in Our Climate Future (some of which
are also identified as having low participation):
o Communities of color
o Community members under age 29
o DACA students
o LGBTQIA+ communities
o Local indigenous communities
o Migrant communities
o Communities of disability
o Veterans
o Religious minorities
o People experiencing homelessness
o People living in manufactured homes
o Commuters
o Low-income communities
o Small businesses
These identities overlap and intersect. Water Utilities
recognizes that many people are part of multiple groups.
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3.4.1 Equity in Engagement
WEP engagement included paid community
consultants, input from the City’s Climate
Equity Committee, meetings with community
members who identify with one or more
EPGs, equity one-on-one interviews, an
equity question in the broad survey, and
reducing barriers to participation in WEP
engagement (Spanish translations, survey
paper format and tabling in public spaces,
providing food, childcare, and efficiency
giveaways at meetings). Further details about
all engagement activities conducted and
feedback received are presented in Section
3.5 and Appendix B. Participants provided
feedback that informed current and future
communications and marketing, educational
and incentive offerings, policy development,
equity evaluations, and outcome metrics.
Themes observed from engagement included key equity-related challenges for the community:
affordability, renter autonomy, accessibility to programs and services, and the need for long -
term relationship and trust building between the community and City organization .
3.4.2 Equity in Outcomes - Strategy Selection and Implementation Planning
To apply an equity lens to efficiency strategy selection, Water Utilities developed a two-step
equity evaluation tool to analyze, revise, and prioritize potential WEP strategies. To ensure
community input shaped how equity was defined and assessed in the equity evaluation tool, the
project team conducted a series of informational interviews with community leaders and with
City staff who have been involved in equity efforts.
The tool was designed to identify barriers and improve the accessibility of each strategy
evaluated. The evaluation consisted of two steps:
Step 1 - Barrier and Burden Assessment
Initial check of whether the strategy has obvious equity issues , based on staff knowledge of the
burden of compliance, unintended consequences, and barriers to participation. This assessment
was applied “midstream” in the efficiency strategy selection process to inform both final
selection of the short list of proposed strategies, as well as to identify which strategies might
need refinement to improve equitable access and positive outcomes. The following key
questions guided the assessment:
“It is expensive to be poor,
and our policies and
subsidies should seek to
combat this issue.
Subsidies and grants
should be easily available to
help people afford the
changes needed to reduce
water use — rebates don’t
go far enough to help those
who cannot afford the
upfront cost.”
- WEP Survey Respondent
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• Does the strategy have any fundamental barriers that prevent participation by
disproportionately impacted groups? (e.g., Internet or cell phone access, travel
requirements, home ownership, access to private outdoor space, expertise)
• Is this strategy a reimbursement program, where an upfront purchase is required to
participate?
• Could this strategy disproportionately place the burden of compliance on a
disproportionately impacted group?
• Could this strategy have negative unintended consequences that disproportionately
impact equity-priority groups? (e.g., Non-functional turf may not account for informal
uses of green space, rate increases passed on to renters rather than building owners
reducing consumption)
Step 2 - Potential to Support Positive Equitable Outcomes Evaluation
For the final list of proposed efficiency strategies, assess the extent to which each strategy can
support equitable outcomes for equity-priority groups. A range of questions were applied to
each strategy to assess whether the strategy was likely to have a high, medium, or low support
of the following desired equity outcomes:
• Preserving water for now and for future generations, including disproportionately
impacted community members
• Accessible participation for all, including disproportionately impacted community
members
• Investment in and partnership with disproportionately impacted community members
• Affordable water bills
• Minimizing financial water burden
The equity evaluation tool is designed for ongoing use, including before, during or after a water
efficiency activity is in place. Staff are considering how to incorporate it into annual project
planning and reviews, as well as regular learning opportunities with the community. The equity
work conducted for the WEP update is just a starting point. Staff will continue applying these
tools to improve access, participation, and efficiency benefits across the community.
3.5 Community Engagement
Water Utilities is committed to thoughtful planning and public participation in government , and
community input was vital in shaping the WEP and its associated efficiency goals and
strategies. Engagement strategies drew on the One Water integrated and collaborative planning
approach, with tactics to broadly engage all water customers while focusing resources on
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connecting with disproportionally impacted communities. This resulted in the development of
inclusive and community-driven water efficiency goals and strategies.
WEP Engagement Objectives
• Center engagement in diversity, equity, and inclusion.
• Center engagement in a One Water approach.
• Ground engagement in water conservation education opportunities that increase
awareness of current opportunities and recognition of the value of efficiency activities.
• Collaborate with City Staff to determine organizational water use goals and priorities for
efficiency strategies.
• Collaborate with specific people, including disproportionately impacted, marginalized and
historically excluded community members, to understand values, needs, and barriers.
From 2023 through June 2024, engagement captured over 5,000 touchpoints via :
• Survey (1,319 community responses)
• Our City web page
• Advertisements
• In-person meetings hosted by community consultants
• Focus groups and meetings with targeted water users including City departments,
HOAs and small businesses
• Meetings with community members who identify with one or more disproportionately
impacted groups
• Consultant-led one-on-one interviews
• Input from the City’s Climate Equity Committee14
Engagement tactics and results are presented in more detail in Appendix B.
3.5.1 Incorporating Feedback into Goals and Strategies
After evaluating raw data from community feedback, staff incorporated feedback from City departments
to create guiding themes for goal and strategy development. These themes were critical to developing
the WEP goals described in Section 3.2 and the strategy selection process described in Section 4.
The overarching community and staff engagement themes that guided efficiency goal and strategy
development were:
• Community values that inform efficiency goals
o Concerns about water scarcity and providing for future generations
o Willingness to take action
o Want all community members to take responsibility and action
o Support for landscape change away from turf grass
14 The Climate Equity Committee (CEC) was formed to support the equitable implementation of Our Climate Future.
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• Characteristics of efficiency strategies that are generally supported by the community
o Strategies should show impact by lowering demand at multiple water use levels:
individuals, highest users, and municipal.
o Support upgrades to water-efficient fixtures for both indoor (e.g., plumbing) and
outdoor (e.g., irrigation) uses by making them free or inexpensive , and providing
installation support.
o Reduce existing turf and encourage water-efficient landscapes
o Support customers with leak issues
o Use regulations to manage some water uses, including new growth, non -functional
turf, commercial users, and the highest water users
o Provide inexpensive actions that save money
o Provide more education for everyone, specifically:
▪ Target HOAs, landscapers, homeowners, and disproportionately impacted
communities with resources specific to them
▪ Remove barriers by coming to people in places and ways where they are
already gathering and comfortable
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“As climate change becomes more severe, water is going to be absolutely critical. I'm concerned
about cost of water in the future and how that will affect marginalized communities.”
“We would like to see the City offer some additional assistance or educational opportunities for
people so they can be a participant in the City's services and help to meet future challenges.”
“Equal access to safe drinking water at reasonable rates, as well as water to allow for green
spaces/trees in all neighborhoods.”
“What is the City of Fort Collins doing to lower its water usage? The City of Fort Collins needs to
lead by example.”
“HOAs would like to see the City share best practices shared with HOAs and contractors, so the
right things can happen at the right time, both have increased understanding.”
“Offer repair/replacement of dripping faucets, toilets, showers. Many inexpensive repairs can save
a lot of water for those without the wherewithal to do the work themselves.”
Many mobile home residents shared… “There is not help for infrastructure or pipes. If you have
leaky pipes, need a plumber, have a leak under your home, that’s all out of pocket and usually
avoided due to high cost.”
“I think the focus should be on people who can’t afford to do things like change out their shower
heads, replace grass with natural, local plants , etc. We did this with no support, but it was costly.
Our water bill is much lower because we use so much less but people who can’t afford this need
support.”
“There is a strong interest in learning more about xeriscaping and water -efficient landscaping
techniques, particularly how to adapt these practices to different yard sizes and business
properties.”
“New construction should be designed from the outset to use less water, since the cost of doing it
up front is much less. Beyond that, efforts should focus on the highest water users first.”
“The City needs better building codes so new apartment buildings don't have "freeze warning"
signs out when it is cold telling tenants to drip their faucets.”
“What will happen to our water availability as our population grows and temperatures increase?”
WHAT WE HEARD FROM THE COMMUNITY
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4 Selection of Water Efficiency Activities
The Water Conservation Division will continue to build on existing efficiency strategies and will develop
new strategies to meet efficiency goals and improve equitable outcomes. Strategies can impact the entire
service area, and the overall intent of strategy selection is to identify a diverse and balanced set of cost-
effective strategies that are expected to lower risk and meet the efficiency goals. Other strategies are
intended to cultivate a water efficient, adaptive, and knowledgeable customer base through education
and outreach.
By updating water efficiency goals and strategies, Water Utilities aims to promote long-term reductions in
water demand through a variety of approaches to manage water use - behavioral, regulatory,
infrastructure, and economic (Figure 18).
Figure 18. Approaches to influence water demand and areas potentially impacted by efficiency strategies
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With input from customers and staff, Water Utilities identified key themes that informed strategy
selection, as described in Section 3.5 and Appendix B. By continuing effective strategies and gradually
implementing new strategies, Water Utilities is developing a portfolio of strategies that are expected to:
• Increase water savings and landscape resilience to lower risk and meet the WEP goals
• Provide opportunities for all customers, including disproportionately impacted groups and
those who have had low historical participation rates
• Reflect best practices and provide customized strategies to meet high -use and unique
customer sector needs
• Continue doing what works well and is liked by customers
• Lower City water use and implement projects to lead by example as a City
• Continue integration of water and land use planning
Water Utilities has a robust water efficiency approach with several efficiency activities that have been
implemented for years. Staff intend to continue many of these effective and liked activities within their
current portfolio of strategies. The efficiency strategies outlined in this WEP are likely to evolve over the
years and the exact specifics of each are subject to change as a result of changing state legislation,
regulations, technology, customer preferences, funding availability, appliance/fixture saturation rate, and
Water Utilities/City priorities. Water efficiency strategies are intended to be implemented , monitored
(Section 5) and refined over time to best serve Water Utilities customers.
4.1 Summary of Selection Process
In support of Goal 1, customer efficiency strategies are directed toward lowering customer treated water
demand while supporting equitable outcomes. Staff conducted a tiered selection process using the
following steps:
1. Identify strategies: Compile “long list” of all current and potential new strategies
2. Qualitative screening: Eliminate infeasible strategies based on staff input
3. Criteria-based screening: Screen remaining strategies based on selection criteria
4. Prioritize: Prioritize the highest-scoring strategies based on offering a diverse portfolio of
efficiency options with broad reach across customer sectors and a variety of approaches to
impact demand (Figure 18)
For City actions associated with lowering the City’s treated water use (supporting Goal 1) and advancing
efficiency and resilience on City-owned landscapes (supporting Goal 2), strategy identification and
selection was conducted through collaborative engagement and decision-making meetings with cross-
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departmental staff. The focus was on identifying efficiency and resilience actions that integrate with land
use planning and align with existing plans, policies, practices, and available funding.
4.1.1 Selection Process and Criteria
Strategy Identification
In addition to a review of existing activities, staff researched new and innovative activities to develop an
initial comprehensive “long list” of water efficiency strategies to consider. Potential activities were
identified from several sources including the CWCB’s technical resources, the Colorado WaterWise
Guidebook of Best Practices for Municipal Water Conservation in Colorado, a broad literature review,
exploration of other utility case studies, and input from the community and City staff, described in Section
3.5 and Appendix B,
Qualitative Screening
Water Conservation staff performed an initial qualitative screen to narrow down the initial comprehensive
list of potential new strategies by identifying and eliminating infeasible, duplicate, and low-impact
strategies. Staff qualitatively considered whether the new strategy concepts were likely to significantly
contribute to water savings, could feasibly be implemented with reasonable time and resources, were
likely to receive public acceptance, and were likely to improve equity by increasing accessibility to
efficiency programs.
For the new strategy concepts retained following this qualitative evaluation, staff developed brief high -
level program plans to develop scope, objectives, implementation requirements, and resource needs.
Criteria-based Screening
Current efficiency strategies and the potential new strategies that passed the qualitative screen were
scored based on six criteria, which were selected through a collaborative cross-departmental staff
process and informed by the WEP guiding principles. Staff developed a modified version of the
spreadsheet-based Alliance for Water Efficiency (AWE) Water Conservation Tracking tool to perform the
criteria-based screening process and tabulate a combined score for each existing and potential new
strategy evaluated.
The following screening criteria were evaluated to develop total numeric scores, based on weighted
averages of the following scores:
• Water savings potential: How effective is the activities in terms of gallons of water saved per
program dollar spent? The default AWE tool calculation method was used, informed by actual
or projected water savings and cost data.
• Cost: What are likely initial and ongoing program costs?
• Ease of implementation : How labor- and time-intensive is the program? Does Water Utilities
have the staff resources to properly support, monitor and evaluate the program? Staff
assigned a high, medium, or low score based on past project experience and the preliminary
program descriptions developed for potential new strategies.
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• Acceptance: Does this activity meet the needs and wants of Water Utilities water customers?
Does this activity support the social and economic health of customers? Staff assigned a high,
medium, or low score based on community engagement and past project experience.
• Co-benefits: Staff identified potential environmental (e.g., promote short -term drought
responses, lower greenhouse gas emissions) and social (e.g., improve water literacy, foster
positive interactions with government) co-benefits.
• Reach: How many customers could be impacted by this program? What types of customers
does it reach? Is it likely to reach previously unengaged customers? The default AWE tool
calculation method was used, informed by actual or projected participation information.
A subset of strategies were carried forward to final prioritization (Section 4.1.2) but were not evaluated in
the criteria-based screen because they were either required or an identified high priority :
• Existing strategies that were considered necessary to continue into the future due to external
requirements. These include required actions to support State requirements, like the Water
Loss Audit.
• Municipal strategies to lower the City’s treated water use in support of Goal 1 . As described in
Section 4.2, these were developed through collaborative discussions to align with existing
needs, practices, and objectives.
Strategies that were evaluated based on the screening criteria, but not selected for implementation at this
time, are tabulated in Appendix C. This includes historical and existing strategies that will be discontinued
and potential new strategies that were considered but not prioritized for implementation.
4.1.2 Prioritization Process
The existing and new strategies that were retained following the criteria -based screen were all practical
strategies to implement and the results of the process described here will be saved for future reference
and consideration. However, it is expected that not all of the strategies are necessary to attain the 4%
reduction identified in Goal 1, and it is not possible for the Water Conservation team to implement all of
these strategies in the near future. As a final step, staff prioritized the highest-ranking existing and
potential new strategies to create a cost-effective and balanced strategy portfolio that provides a mix of
behavioral, regulatory, infrastructure, and economic activities. Staff also sought a mix of programs that
are broadly available to all customers as well as those that are tailored to high water uses or
disproportionately impacted customers.
4.2 Strategies for Goal 1
If fully implemented, Water Utilities estimates that programs and projects outlined in this WEP will lower
treated water demand by up to 314 MG per year by 2040. Regulatory changes could lower annual
demands by an additional 46 MG per year, and other factors such as rate or fee changes could further
impact demands. Brief descriptions and a detailed tabular summary of existing and new efficiency
strategies are provided in Appendix C.
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Water Utilities currently manages or supports a wide variety of programs and policies aimed to lower
treated water demand through more efficient water use, build resilience, and increase community
awareness.
As described in Section 2, on average these strategies have lowered water demand by 130 – 180 MG
each year, up to 2.5% of treated water demand, and involved over 25,000 participants or community
touch points each year. Water Utilities is planning to gradually add 10 new strategies over the coming
years to expand program offerings and access and make additional progress toward the WEP goals.
The portfolio of water efficiency strategies selected to lower treated water demand in support of Goal 1 is
summarized below. New strategies are indicated with an asterisk (*). Strategies are organized according
to the primary approaches, or “levers,” of impact: behavioral, infrastructure, economic, and regulatory.
Table 5: Current and New Water Efficiency Strategies Supporting Goal 1
Approach Strategies
Behavioral strategies • Community educational programs and events for all ages
• Campaigns such as Fix a Leak Week and Imagine a Day without Water
• Garden Party / Eco Fest event with classes and native plant swap
• Xeriscape Demonstration Garden
• Efficiency equipment giveaways, including showerhead swaps
• Irrigation system assessments for single-unit residential
• Irrigation system assessments for commercial and HOA properties
• Indoor assessments and equipment direct installation for single -unit
residential
• Indoor equipment direct installation for multi-unit residences and small
businesses
• Indoor use assessments for commercial facilities
• Saving water hotline to report water waste
• Customized water use reports for residential and commercial accounts
• Customized single-unit residential water budgets
• Water use estimator spreadsheet tool for development concepts
• Waterwise landscape professionals network and support
• High bill evaluations*
• Wrap-around support for efficiency in large turf areas and HOAs*
• Rental tenant and owner/manager outreach and giveaways*
• Commercial water use benchmarking*
• Comprehensive conservation communications plan*
Infrastructure-based
strategies
• Advanced metering for all accounts
• Customer data portal
• Leak alerts and high-use notifications
• Monthly billing with rate codes that align with tiered rates and customer
type
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Approach Strategies
Economic strategies
• Indoor product rebates for residential and commercial customers
• Irrigation equipment rebates for residential and commercial customers
• Xeriscape Incentive Program rebates and grants for residential customers
• Xeriscape Incentive Program rebates and grants for large commercial and
HOA landscapes
• Garden in a Box discounts
• Custom rebates for commercial projects
• Conservation-oriented tiered/seasonal rate structures
• Conservation-oriented water supply requirement fee
• Allotments and excess water use surcharge for commercial accounts
• Plumbing repair assistance*
• On-bill financing for efficiency upgrades*
• Design assistance and incentives for new development and
redevelopment*
Regulatory strategies
• Wasting water ordinance and code enforcement
• Building codes and plumbing standards
• Landscape, irrigation, and soil codes
• Parkway landscaping regulations
• Stormwater criteria supports low impact development
• Review of irrigation plans during development review
• Graywater reuse for toilet/urinal flushing
• Water adequacy determination regulation
• Restrictive covenants ordinance
• Water Shortage Action Plan
• Daily sprinkler watering window*
• Examine existing land use regulations for barriers or conflicts to water
efficiency*
* indicates new strategies identified in this WEP.
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4.2.1 Examples of How Customers can Contribute to Goal 1 Reduction
Strategies can impact the entire community and this WEP identifies a set of strategies that not
only align with feedback from engagement but also target cost-effective water savings. The
portfolio of water efficiency strategies is diversified to collectively meet the WEP goals and
targets, and to support the WEP guiding principles listed in the Introduction. Strategies are
intended to be implemented, tracked, and refined over time. By cultivating a water efficient,
adaptive, and knowledgeable customer base through education and cost -effective water
efficiency programs, the community can help minimize water shortage risk and support the
City’s strategic objectives.
Figure 19 shows how the prioritized strategies work together to provide water savings through a
variety of approaches.
Figure 19. Summary of water efficiency impacts with full implementation of all current and new strategies.
Regulatory
17%
Economic
23%
Infrastructure
14%
Behavioral
46%
Strategy Distribution by Approach
Single-Unit
Residential
24%
Multi-Unit
Residential
21%
Commercial
18%
HOAs & Large
Landscapes
16%
City
Accounts
21%
Strategy Distribution by Customer
Sector
Indoor
38%
Outdoor
62%
Average Estimated Water Savings
Contribution by Use
Regulatory
17%
Economic
20%
Infrastructure
33%
Behavioral
30%
Average Estimated Water Savings
Contribution by Approach
(Water savings based on projected 2040 population and range of climate
and growth scenarios.)
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Water Utilities customers have a variety of options to lower their water use, including the
strategies outlined in this WEP. To illustrate how individual actions can collectively help achieve
the 4% reduction target in Goal 1, the following examples highlight actions different customers
might take overtime:
Residential customers
The average single-unit household in the Water Utilities service area uses about 80,800 gallons
of water a year. This means that the average residential customer can help meet the 4% WEP
goal by lowering their water use by about 3,200 gallons each year (relative to current average
use).
• Change Showers: Swapping out a 2.5 gallon-per-minute showerhead for a free
1.5 gallon-per-minute version (currently offered for free through the Water
Conservation Showerhead Swap program) and cutting shower from 12 to 8
minutes can save up to 1,500 gallons per year and save about $5 on water bills.
• Check Sprinklers: Outdoor water use spikes in the summer. Free irrigation
assessments save participating households an average of 5,000 gallons per year
and over $16 on water bills. Many lawns have correctable issues like inefficient
watering schedules and broken or tilted heads).
• Redo Landscapes: Native landscaping is water-smart, supports ecosystems, and
looks great. A 1,000 square-foot project can save 6,000 gallons annually and
lower water bills by about $20 annually. The average cost to Xeriscape Incentive
Program participants for a project of this size was $1,840 and rebates can cover
up to $1,000 of that cost. Additional savings are possible through the Garden in a
Box discounts.
Business customers
The typical water use and potential for water efficiency savings varies based on business type,
size, and other factors. The WEP includes a variety of commercial efficiency strategies,
including custom rebates that let a business identify what opportunities work best for them.
• Plumbing Upgrades: Replacing 10 older urinals with WaterSense models could
save a business between 26,000—60,000 gallons annually and up to $180 on
annual water bills. Even smaller changes—like upgrading five toilets—can cut
11,000 gallons a year. Rebates available for urinals and toilets typically offset
about 20% of the installation costs.
• Water Efficient Large Landscapes: Replacing bluegrass turf with native grass
species is a cost-effective strategy for reducing water use on large landscapes.
Converting 10,000 square feet can save approximately 70,000 gallons annually.
Water Utilities offers rebates up to $15,000 for qualifying proj ects.
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4.3 Strategies for Goal 2 and One Water Demand Management
In support of Goal 2, the City organization will continue refining current best practices while also
exploring new opportunities to improve water efficiency and build re silience across City-owned
landscapes. In some cases, these actions will also yield treated water savings that contribute to
Goal 1 targets while advancing integrated land use and water planning, as well as One Water
integration across Water Utilities and the City organization. Brief descriptions and a detailed
tabular summary of existing and new City strategies are provided in Appendix D.
City departments currently implement numerous best practices and operation strategies that
address distribution and treatment inefficiencies, lower treated and raw water use, improve
landscape resilience, or achieve a combination of these. New strategies to lower the City’s
treated water use (in support of Goal 1) and improve landscape resilience (in support of Goal 2)
were developed through collaborative discussions to align with existing needs, practices, and
objectives.
Strategies focused on lowering City treated water use and building landscape resilience ; new
strategies are indicated with an asterisk (*):
• System water loss audits
• Distribution line repair/replacement
• Efficiency incorporated in plans, policies, and best practices
• Irrigation application rates based on water need and system audits
• City landscape designs follow xeriscape principles and irrigation best practices
• Prioritize raw water sources for irrigation to lower treatment costs
• Track water use data for City buildings and properties
• Prioritize dedicated irrigation to trees
• Implement and update Municipal Sustainability Adaptation Plan
• Increase pace of plumbing retrofits in City buildings*
• Irrigation and landscape efficiency projects on City-owned properties*
• Increase pace of distribution line replacement/repair*
• Water Conservation Division provides technical and financial support for City
efficiency and resiliency projects*
• Establish regular contact between City planning departments and water
providers*
• Look for opportunities to expand Water Conservation Division involvement in
development review*
• Further integrate water and efficiency into strategic plans and policies*
• Support One Water efforts and integrated demand management*
• Use City properties to pilot efficiency activities (e.g., commercial use
benchmarking)*
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5 Implementation and Monitoring
This WEP presents a general implementation timeline and monitoring approach. Impactful water
efficiency requires ongoing, adaptive management to track progress, identify and respond to
changing conditions, and adjust the portfolio of efficiency strategies and/or implementation
tactics to progress towards goals and support City priorities.
5.1 Implementation
Implementation of new customer strategies will be staggered over the coming years to gradually
increase water savings, align with staff capacity, and allow time for planning. Some strategies
may also require City Council review and approval (e.g., policy changes) or funding acquisition
prior to implementation . For City actions related to lowering the City’s treated water demand or
building landscape resilience, staff aim to complete at least one new project for every 2-year
municipal budgeting cycle, for a total of at least 7 projects by 2040. Figure 20 presents a
conceptual implementation timeline.
Figure 20. Conceptual implementation timeline
Key activities that Water Conservation staff will generally apply to implement efficiency
strategies include:
• Determine if an approval process is necessary or desired; approval is required for
actions such as code changes or funding requests
• Develop and regularly update individual implementation plans
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040
Continue Existing
Strategies
Plan & Start New Strategies
Track Progress & Adjust
Strategies
4%
320 MGY
(980 AFY)
Interim and Final Goal 2
Targets: At least 1 new City
landscape resilience project
with every 2-year budget
cycle
7+ projects
completed
Update Water Efficiency
Plan (7-year renewal cycle)
Interim and Final Goal 1
Targets: Progress to
lowering projected annual
demand by 4% 2040
Water Efficiency Milestones
3.5%
270 MGY (830 AFY)
3%
220 MGY (675 AFY)
2.3% - 3%
> 155 MGY (> 480 AFY)
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• Identify and obtain needed resources such as staff time, funding15,
materials/supplies, or external expertise
• Seek community and partner input, as needed, to effectively plan, market, and refine
strategies
• Monitor strategy metrics such as water savings, participation rates and
demographics, units replaced, or area impacted.
• Adjust strategies to improve water savings and equitable outcomes, manage funds
and resources, or align with broader Water Utilities, City, state, or federal
requirements and objectives.
The Water Conservation Division will holistically evaluate the combined efficacy and balance of
the full suite of efficiency strategies to consider the best timing for bringing new strategies
online, making substantial modifications, or discontinuing activities.
Successful implementation of water efficiency strategies will benefit from ongoing alignment with
the engagement themes, development of an efficiency-focused communications and marketing
plan, and maintaining the community and staff relationships that were fostered during WEP
engagement. Staff will seek new opportunities to partner with broad -reaching organizations in
the community such as schools, higher education, and professional and community
organizations to share information and promote efficiency. This will facilitate water use
understanding and efficiency opportunities between Water Utilities and the community,
especially City departments and disproportionately impacted community members.
5.2 Monitoring
Water Utilities staff routinely monitor high-level metrics to evaluate water demand, efficiency
impact, and potential shortage risk. These metrics include:
• Total volume of water treated
• Total volume of water billed to customers
• Combined measurable Water Conservation program savings
• Average GPCD
• System water losses
15 The programs that ultimately are implemented will be a function of the City’s budgeting process or, in
some cases, securing grant funds. The City uses a Budgeting for Outcomes approach, which emphasizes
accountability, innovation, and partnerships. This is a two-year process that begins with updating the
City's Strategic Plan, which directly informs the funding choices in the budget. Throughout both phases of
this two-year cycle, community input is an important factor in setting the City's priorities and objectives.
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• Water supply indicators such as snowpack, storage levels, and other parameters
outlined in the Water Shortage Action Plan
• Climate influences on demand , including temperature, precipitation, and
evapotranspiration (ET)
• Difference between projected and actual water demand
Many of these metrics are posted online at fcgov.com/Water Utilities/water-availability-demand
to support transparency and community water literacy.
Additionally, Water Conservation Division staff track key performance indicators to quantify
individual and combined impacts of efficiency strategies. The following metrics will be tracked to
evaluate progress towards the WEP goals:
Goal 1 Metrics
• Treated water savings from individual efficiency strategies: This will be estimated
based on various strategies’ water savings as a result of completed projects,
participation, area, and other measurable methods.
• Total treated water savings: The cumulative measurable savings from individual
Water Conservation Division efficiency strategies. Indirect impacts associated with
education or other hard-to-measure effects are not included in these estimates.
• Total billed water demand, as well as:
• Billed treated water demand by various residential and commercial customer sectors,
evaluated by season and indoor/outdoor use
• Billed treated water use for City properties
• Area of residential and commercial water-efficient landscape improvements
• System water losses
• Program participation rates, disaggregated by demographics and/or geographic area
when possible
• Number of treated water efficiency projects on City properties and total City treated
water savings
• Reach and touchpoints from educational activities
• Strategy-specific metrics such as number and type of rebates issued, wasting water
calls, count of new development irrigation reviews completed, assessments
completed, leak notifications, portal registrations, or volunteer hours logged
• Strategy-specific customer feedback such as participant surveys
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Goal 2 Metrics
• Total number of City landscape resilience projects completed
• The number and square footage of irrigation efficiency projects completed on City -
owned landscapes
• The number and square footage of turf-to-low-water landscape conversion projects
completed on City-owned landscapes
The Water Conservation Annual Report provides a detailed overview of the impact of water
efficiency programs. It serves as a tool for accountability, keeping the community informed
about progress toward water efficiency goals, challenges faced, and the direction for the future.
The annual report is posted online in an accessible format and available in print form at events.
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6 Adoption, Public Review, and Formal Approval
6.1 Adoption of New Policy
City of Fort Collins City Council approved and adopted this WEP by resolution on September 2,
2025. This document replaces the previous WEP, which was approved in 2015.
6.2 Public Review Process
6.2.1 Public Review of WEP Document
Water Utilities conducted an extensive public engagement process as part of preparing this
WEP, as described in Section 3.5 and Appendix B. Public comments on the draft WEP were
received from April 23 – June 23, 2025. During this time, the draft WEP was posted online, and
community members could submit comments via an online form or through direct email to staff.
Although the draft was prepared in English only, translation via Google Translate was available,
and the online comment form was offered in both English and Spanish . Community members
could also request a mailed printed version of the draft WEP and comment form. The public
comment period was promoted through a bill insert, social media, emails, newsletters, websites,
and public events.
Eight online forms and one direct email were received during the public comment period and are
summarized as follows:
Goals
• Understandable: 3 Yes, 4 Somewhat, 0 No
• Reflect community values: 3.7 (out of 5)
• Appropriate for our community: 2 Yes, 4 Somewhat, 1 No
• Applicable to my life: 2 Yes, 4 Somewhat, 1 No
• Ambitious: 4 Yes, 3 Somewhat, 0 No
Strategies
• Understandable: 3 Yes, 4 Somewhat, 0 No
• Applicable to my life: 3 Yes, 4 Somewhat, 0 No
• Target right uses: 4 Yes, 3 Somewhat, 0 No
• Appropriate for our community: 3 Yes, 4 Somewhat, 0 No
• Adequately support customers: 2 Yes, 3 Somewhat, 2 No
Write-in comments generally aligned with the feedback received during WEP engagement
(Section 3.5 and Appendix B).
6.3 Local Adoption and State Approval Processes
Staff met with multiple Fort Collins advisory boards and commissions during the WEP
preparation phase, a s well as during the public comment period to seek final input and
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recommendations for approval. These meetings are described in Appendix B. The WEP was
presented to Fort Collins City Council at Work Sessions on Feb. 13, 2024, and Feb. 25, 2025.
At the regular session on September 2, 2025, Council adopted the plan by resolution.
Water Utilities staff maintained regular communication with CWCB staff during the WEP
preparation process. The CWCB reviewed the public comment. The Council-approved final
WEP was sent to CWCB for approval in the fall of 2025.
6.4 Periodic Review and Update
Progress towards the WEP goals will be monitored annually and reported in the Water
Conservation annual reports, which are publicly available and submitted to the Fort Collins
Water Commission for review. Water Utilities will develop an updated WEP at the frequency
required by state regulation. The next WEP update is expected to begin in 2032.
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7 References
Alliance for Water Conservation. Water Conservation Tracking Tool. Available online at:
allianceforwaterefficiency.org/resource/water-conservation-tracking-tool/
American Water Works Association . 2016. Water Audits and Loss Control Programs, Fourth
Edition. M36-2016.
Bolinger, R.A., J.J. Lukas, R.S. Schumacher, and P.E. Goble, 2024: Climate Change in
Colorado, 3rd edition. Colorado State University. doi.org/10.25675/10217/237323.
City of Fort Collins. 2024. Water Conservation Annual Report.
City of Fort Collins. 2022. Water Resources Matters in the Fort Collins Growth Management
Area: Study Report Results. Prepared for City of Fort Collins by Brendle Group.
City of Fort Collins. 2021. Our Climate Future Plan.
City of Fort Collins. 2020. Water Shortage Action Plan .
City of Fort Collins. 2019. Water Supply Vulnerability Study. Prepared for Fort Collins Utilities by
Stantec, in association with RTI International.
City of Fort Collins. 2012. Water Supply and Demand Management Policy. Resolution 2012 -099
of the Council of the City of Fort Collins Adopting a Water Supply and Demand Management
Policy. Available online at: Water Supply and Demand Management Policy .
City of Fort Collins and Platte River Power Authority. 1978. Agreement for the Reuse of Water
for Energy Generation (The Reuse Plan).
Colorado Legislation. 2010. House Bill 10-1051. Concerning Additional Information Regarding
Covered Entities' Water Efficiency Plans .
Colorado Legislation. 2004. House Bill 04-1365. The Water Conservation Act of 2004.
Colorado Legislation. 1991. House Bill 91-1154. The Water Conservation Act of 1991.
Colorado Water Conservation Board. 2023. Department of Natural Resources. Colorado Water
Plan. Developed for Colorado Water Conservation Board by Brown and Caldwell and Wilson
Water Group. Available online at
dnrweblink.state.co.us/CWCB/0/edoc/219188/Colorado_WaterPlan_2023_Digital.pdf
Colorado Water Conservation Board. 2019. Best Practices for Implementing Water
Conservation and Demand Management Through Land Use Planning Efforts Addendum to
2012 Guidance Document. Prepared for Colorado Water Conservation Board by Anne J. Castle,
Getches-Wilkinson Center, University of Colorado and Erin Rugland, Babbitt Center for Land
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and Water Policy. Available online at:
dnrweblink.state.co.us/cwcbsearch/ElectronicFile.aspx?docid=208193&dbid=0
Colorado Water Conservation Board. 2019. Municipal Water Efficiency Plan Guidance
Document. Prepared for Colorado Water Conservation Board by AMEC. Available online at:
cwcb.colorado.gov/public-information/technical-tools/municipal-water-efficiency-plan-guidance-
document
Colorado WaterWise. 2024. Guidebook of Best Practices for Municipal Water Conservation in
Colorado. Second Edition. Available online at: https://indd.adobe.com/view/a66fdb02-50c6-
4ec3-8fea-4db473212faf
United Status Census Bureau. 2024. Quick Facts for Fort Collins, Colorado. Available online at:
census.gov/quickfacts/fact/table/fortcollinscitycolorado/IPE120223#IPE120223 .
United Status Census Bureau. 2024. American Community Survey. Available online
at: data.census.gov/profile/Fort_Collins_city,_Colorado?g=160XX00US0827425
Water Research Foundation. 2017. Blueprint for One Water. Water Research Foundation
Project 4660, developed by Brown and Caldwell.
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Appendix A: Brief History of Water Conservation
This WEP updates and builds on the past water demand management goals and efficiency
program strategies. Water Utilities has a long history of active water efficiency. Faced with a
drought in 1977, Water Utilities created a part-time water efficiency position. In 1989, the
position expanded to a full-time position. The first WSDMP in 1992 lead to an expansion of
efficiency projects and increased educational and outreach efforts. The 1992 policy set an
efficiency goal of 195 GPCD by the year 2010. Subsequent revisions of the WSDMP, followed
by the first Water Efficiency Plan in 2010, have set increasingly rigorous goals and planning
demand levels, as shown in Figure A-1 below.
Figure 21: Historical water demand management planning levels and goals for Fort Collins Water Utilities
Prompted by the drought of 2002 -03, Water Utilities made several efforts to increase
accountability and encourage efficient use of water , including fully metering every customer.
Water Utilities implemented an efficiency-oriented rate structure – a tiered rate structure – with a
seasonal component, created several new outreach and educational programs, and develop ed
its first Water Supply Shortage Response Plan as guidance during drought and other
emergency conditions.
Water Utilities’ Water Conservation program expanded again in 2010 with the development of a
formal Water Conservation Plan , which was approved by the Colorado Water Conservation
Board in early 2010 . This plan set the efficiency goal of 140 GPCD by 2020. The 2015 WEP
replaced the Water Conservation Plan and set a goal to lower demand to 130 GPCD by 2030.
City Council approved the budget for additional programs and staff outlined in the 2015 WEP.
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140 GPCD
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(2015 WEP
goal)
195 GPCD by 2010
(1992 WSDMP goal)
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The 2015 WEP identified five key areas of opportunity for greater water efficiency that guided
efficiency activities for the past several years:
• Leverage advanced meter Fort Collins data and capabilities
• Promote and support greater outdoor water efficiency
• Encourage greater integration of water efficiency into land use planning and building
codes
• Expand commercial and industrial strategies
• Increase community water literacy
Water Conservation Division programs, policies, and activities have centered around these
areas of opportunity since 2015 . Water Utilities’ per person demands declined significantly over
the last few decades. However, per capita consumption has remained fairly steady since 2017,
and Water Utilities met the previous 2015 WEP goal only once, in 2023. In that year, the service
experienced unusually high precipitation during irrigation months, which encouraged customers
to reduce their outdoor water use. In 2024, per-capita demand was 135 GPCD, similar to pre-
2023 levels.
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Appendix B: Alignment, Equity, and Engagement
Strategic Alignment
In addition to applying a One Water approach as described in Section 3, this WEP update
strives to align with key related policies and plans that provide direction and/or complement the
Water Utilities’ water efficiency efforts. Along with the most recent 2015 WEP, these documents
were considered by staff when developing this updated WEP and will also guide implementation
moving forward.
City of Fort Collins Strategic Plan (2024)
This document is a result of a planning process incorporating input from c ommunity members,
businesses, City Council, and City staff. It identifies the City’s key outcome areas as well as
several strategic objectives in each area; these are to guide the work in all City service areas.
Water efficiency aligns very strongly with Strategic Objective ENV 2, “Sustain the health of the
Cache la Poudre River and regional watersheds while delivering a resilient, economically
responsible and high -quality water supply for all Fort Collins residents.”
City of Fort Collins Administrative Policies (2024)
The City’s Administrative Policies include guidelines for water conservation in City operations.
The Policies reinforce the City’s commitment to a water conservation ethic and to using water
efficiently, as a model for wise water use throughout the communi ty. The Policies also note that,
whenever feasible, City activity located outside of the Water Utilities service area should also
follow Water Utilities guidelines and requirements, including but not limited to, the Water
Efficiency Plan and Water Shortage Action Plan.
Colorado Water Plan (2023)
The Colorado Water Plan provides a framework for helping Colorado meet its water challenges
through collaborative action around water development and water conservation. The Plan
guides future decision -making and supports local actions to address water challenges with a
collaborative, balanced, and solution-oriented approach that builds resilience. The Colorado
Water Plan includes actions in four main focus areas: Vibrant Communities, Robust Agriculture,
Thriving Watersheds, and Resilient Plannings.
Fort Collins City Council Priorities (2024 – 2026)
City Council Priority 7: Protect Community Water Systems in an Integrated Way to Ensure
Resilient Water Resources and Healthy Watersheds
Fort Collins City Plan (2019)
The City’s comprehensive plan, City Plan guides how the community is expected to grow over a
one- to two-decade horizon. City Plan includes guidance on future land-use and transportation.
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Municipal Sustainability Adaptation Plan (2019)
The Municipal Sustainability and Adaptation Plan is the employee roadmap to being a
sustainable organization. The City aims to be sustainable and resilient to continue to provide
world-class services and demonstrate excellence and innovation in daily work. With this pla n,
the City formally addresses climate adaptation and resilience, to prepare for the future.
Natural Areas Master Plan (2014)
This plan sets priorities for conserving land and water while providing meaningful education and
appropriate recreation opportunities.
One Water Framework (2025)
Opportunities for integrated water resource management will be identified through a One Water
evaluation and ongoing implementation of One Water principles. T he One Water Action
Framework advances collaborative and holistic water management approaches that promote
healthy watersheds, resilient communities, and water equity.
Our Climate Future (2021)
This plan guides the City toward a more sustainable future while focusing on the needs of
people and provides a high-level framework to achieve carbon emissions reduction objectives.
Big Move #3 – Climate Resilient Community addresses water as follows: Update the Water
Efficiency Plan, a Council-approved and State-required guiding document for water
conservation and efficiency. Adopt a holistic approach to integrated water resource planning
and management Explore and adopt water-wise landscaping standards. Explore incorporating
Nature-based Solutions in the planning and development of infrastructure and other City
projects. The plan also includes an action to adopt a holistic approach to integrated water
resource planning and management.
Parks Infrastructure Replacement Plan (2022) and Parks and Recreation Master Plan (2021)
These plans identify planning and infrastructure replacement priorities for the City’ parks, trails,
golf courses, swimming pools, and recreational facilities, including irrigation systems. These
priorities provide opportunities to align and collaborativel y address water efficiency and
landscape resilience targets set in this WEP. The Master Plan identifies goals and actions,
including prioritizing the use of raw water or other irrigation systems that conserve water
resources and build resiliency and targeting reduced water consumption.
Water Shortage Action Plan (2020)
This document identifies the restrictions and requirements intended to achieve progressively
higher levels of water savings under various projected water shortage conditions. The original
plan was approved by City Council in 2003 and update s were approved in 2014 and 2020.
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Water Supply and Demand Management Policy (2012)
This is the guiding document for water supply and demand management activities. The
objective is to provide a sustainable and integrated approach to 1) ensuring an adequate, safe,
and reliable supply of water for the beneficial use by customers and the comm unity, and 2)
managing the level of demand and the efficient use of a scarce and valuable resource
consistent with the preference of Water Utilities water customers and in recognition of the
region’s semi-arid climate. The original water supply-focused policy was developed and
approved in 1988; it was updated in 2003 and again in 2012, with the most up -to-date report
published in 2014. This policy defers to the latest Water Efficiency Plan to set the efficiency
goals. The policy also requires stable transparent water rate structures that provide an
economic incentive to use water efficiently.
Urban Forest Strategic Plan (2025)
This comprehensive plan guides management, protection, and improvement of Fort Collins’
urban forest and provides action recommendations to ensure that the urban forest remains
healthy and vibrant into the future. The plan includes water efficiency and drought resilience
actions including giving trees dedicated irrigation, creating a drought response plan, developing
educational resources for tree watering and drought-tolerant species selection, creating water -
smart landscapes on City properties.
Equity Considerations
The Water Conservation Division acknowledges equity concerns associated with water use and
efficiency, including efficiency program participation, and that costs are increasing and
vulnerable populations will be disproportionately impacted by climate. Removing barriers and
providing more equitable access to water efficiency program participation, will better customers
by reducing their water use and associated costs , increasing individual resilience to future water
shortages, and decreasing the entire community’s risk of future water shortage through overall
lower demands. Equity is integrated into the WEP update process and Water Conservation work
through (1) targeted engagement activities, (2) selection of efficiency strategies, and (3)
implementation and evaluation of efficiency strategies.
Numerous City and State efforts support equity in water planning, including:
City of Fort Collins 2024 Strategic Plan
(Strategic Objective: Neighborhood & Community Vitality 3)
Identify and remove systemic barriers and advance equity so that persons of all identities,
including race, ethnicity, religion, sexual orientation, gender identity, gender expression, age,
mental and physical abilities, and socioeconomic levels can access programs and services with
ease and experience equitable outcomes
2024-2026 City Council Priorities
Improve human and social health for vulnerable populations : Obstacles and barriers exist that
impede access to services for our underserved community members. We need to work with our
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regional partners and invest in a robust and accessible safety net to create conditions where
one is not needed.
2021 Our Climate Future Plan (Appendix I)
We designed Our Climate Future with the goal of equitable solutions that address a spectrum of
needs within our community…This approach is intentional about addressing barriers and
designing solutions that work for those most impacted, while also ensuring all community
members can benefit, participate, and influence outcomes.
2023 Colorado Water Plan
Recognizes that robust and inclusive water planning builds resilience to respond to water
challenges and advances equitable outcomes for all.
Importance of Equity in Water Conservation Planning
Accessibility
Currently, water efficiency programs underserve some groups in the community. Analysis of
efficiency program participation data relative to Census demographics revealed:
• Current programs underserve diverse and low -income areas.
• In addition to other races/ethnicities, Hispanic, non -white community members show
the largest gap in program participation
• Programs predominately serve homeowners while underserving renters
Housing and Water Utilities Costs
The cost of water is a key element of housing affordability – both the cost to develop housing
and the Water Utilities cost passed on to the future owner/occupant. The 2021 Fort Collins
Equity Indicators Final Report notes that the median annual combined water and electric utility
cost is about 1.8% of median income for City residents. Water Utilities affordability programs
aim to minimize this cost through programs that offer emergency and long -term assistance
through reduced utility rates and access to ef ficiency programs. As of 2024, approximately 570
Water Utilities water customers were enrolled in the Income Qualified Assistance Program.
Expanding water efficiency opportunities is also important as Water Utilities looks to the future
and strives to maintain affordability and quality of life across the community. Water utility rates
are predicted to increase in the coming years in response to critical infrastructure needs.
Climate Impacts
Climate change can worsen long-standing inequities, as noted in in the Fifth National Climate
Assessment16, “Some communities are at higher risk of negative impacts from climate change
due to social and economic inequities caused by ongoing systemic discrimination, exclusion,
and under- or disinvestment. Many such communities are also already overburdened by the
16 nca2023.globalchange.gov
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cumulative effects of adverse environmental, health, economic, or social conditions.” By
applying an equity lens to water demand management planning now, Water Utilities aims to
follow the approach laid out in the Our Climate Future plan, which acknowledges that l ocal
governments have the opportunity to prioritize actions that simultaneously address equity and
enhance community resilience - leading to better outcomes for all.
Equity in Engagement
When an equity lens is applied to interactions with the public, Water Utilities ensures that all
voices are heard and informed. Equity and inclusion work is especially focused on elevating the
voices of communities who have been disproportionately disadvantaged and historically
excluded. To increase public participation and quality civic eng agement, City staff worked to
better understand the circumstances and characteristics of the local community and
demographics and the positional power of municipal gover nment to influence who benefits
directly.
WEP Sections 3.4 and 3.5 described efforts to develop inclusive community-driven water
efficiency goals and strategies by engaging disproportionately impacted customers (including
those who have been historically and currently excluded and underserved), while also pursuing
broad general engagement. A variety of engagement tactics were implemented including a
widely promoted survey and numerous meetings. The most effective ways to receive feedback
from disproportionately impacted community members involved investing time and resources on
targeted group or one-on-one interactions and making it easier for people to participate. These
engagement efforts helped fill in information gaps remaining following the broader survey.
Water Utilities successfully collected a statistically significant number of survey responses
(1,319). Staff provided paper surveys at frequented community locations (e.g., libraries), tabling
at community events, meeting customers where they were (e.g., attending a student gathering),
and offering Spanish language versions. Five people responded in Spanish and 40 filled out the
paper version of the survey17. 58% of survey respondents answered demographic questions.
Comparison of respondent demographics to City-wide census demographics identified
demographic gaps in survey responses including residents who identified as Hispanic, Black, or
Asian, non-student renters and low-income residents, non-residential customers (including
businesses, organizations, and institutions), and people than age 30.
Themes observed from WEP engagement included these equity-related challenges for the
community:
Affordability
The most frequently mentioned equity issue dealt with the cost of water efficiency. Wealth
fundamentally offers high-income customers freedom of choice in how much water they use.
17 While these numbers may appear low relative to the overall response total, the consultants
recommended continuing to provide these alternative distribution channels for maximal accessibility of
future surveys.
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These customers can typically afford projects or technologies that help them reduce their water
use, which may be out of reach for lower -income customers. Lower-income customers, on the
other hand, were perceived to struggle more to afford basic water bill s and/or efficiency
upgrades, limiting their ability to use less water. Many respondents noted that wealthier
customers are more likely to have outdoor irrigation needs such as lawns and thus raised
excessive outdoor water use as an equity concern.
Renter Autonomy
Concerns arose around the ability of renters to participate in programs because they do not
have sole control over their water usage. From an infrastructure perspective, renters lack
access to water use information that may influence how efficient or conse rvative they are with
their water. Metering practices tie multiple customer’s irrigation water to a single bill or are only
accessible to the property owners or managers, and appliances and equipment that use water
are often selected by landlords. Depending on who pays water bills and how water costs are
determined, there can be conflicting incentives or little motivation for renters or property owners
to invest in water efficiency at a rental property. Water Conservation Division staff have also
observed a related concern: aging infrastructure in rental properties and mobile home parks can
lead to water leaks, service outages and high bills. Tenants have little power to change this .
Accessibility and Participation
Many survey respondents observed that water efficient technologies may be cost -prohibitive for
low-income residents or disallowed for renters. Some respondents expressed dissatisfaction
with the current rebate programs, which require upfront cost investmen t and can be complex or
time-consuming. These barriers may disproportionately dissuade customers from participating
in such programs.
Relationship Building
Equity-priority audiences prefer a variety of outreach methods. Every audience is different, and
Water Utilities should understand what works best for each by working directly with community
members or partner organizations. Reframing engagement from an aspect of the planning
process to long-term relationship-building will increase access to efficiency programs.
To better understand the community’s sentiments and values related to equity and water use,
the survey included an optional write-in response to the following question:
In the Water Efficiency Plan update process, we are focusing on equity. Equity means
considering individuals’ and communities’ histories, lived and living experiences, and needs.
It also means prioritizing and serving those most marginalized first and with deeper care.
When you think about equity as it relates to using water in Fort Collins, what comes to mind?
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The 523 responses to this question illustrated a
broad lack of consensus on the definition of the
word “equity” in this situation and the role that it
should play in Water Utilities’ work and approach
to providing services. Many respondents
(approximately one-third) discussed the structural
and systemic challenges to water efficiency: that
certain demographic groups such as renters, low-
income residents, and non-English speakers
would benefit from dedicated programming that
supports their access to clean, affordable water
and water efficiency.
Others (slightly over one -quarter of respondents)
responded critically to the question, suggesting that Water Utilities’ focus on “equity” is
misguided or unfair. These respondents preferred to treat all customers the same, believing that
targeted programs would draw resources away from others, the community, or the overarching
problem of water overconsumption.
These varied responses reflect a broad community dialog regarding equity versus equality and
the challenge of balancing equitable program delivery with programing equally accessible to all.
Equity in Conservation Strategy Selection and Implementation Planning
As described in WEP Section 3.4, staff and consultants developed a two -step equity evaluation
process to identify barriers and improve the accessibility of efficiency strategies. The project
team conducted a series of informational interviews with City staff and community leaders to
develop the evaluation tool.
Conservation strategy selection involved conducting a r ed flag assessment (step 1 of the equity
evaluation process). This is an initial check of whether the strategy has obvious equity issues ,
based on staff knowledge of the burden of compliance, unintended consequences, and barriers
to participation. This assessment was applied “midstream” in the efficiency strategy selection
process to inform both final selection of proposed strategies, as well as to identify which
strategies might need refinement to impr ove equitable access and positive outcomes.
In addition to the red flag assessment, the following criteria (Section 4.1.1) informed strategy
scoring and final selection:
• Acceptance: Does this activity meet the needs and wants of Water Utilities water
customers? Does this activity support the social and economic health of customers?
Staff assigned a high, medium, or low score based on community engagement and
past project experience.
• Reach: How many customers could be impacted by this program? What types of
customers does it reach? Is it likely to reach previously unengaged customers?
“This is a hard question to
answer. If we want all
customers to receive the
same high level of service,
regardless of their
background, then this
shouldn't matter.”
- WEP Survey Respondent
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The default AWE tool calculation method was used, informed by actual or projected
participation information.
• Co-benefits: Staff identified potential environmental (e.g., promote short -term drought
responses, lower greenhouse gas emissions) and social (e.g., improve water
literacy, foster positive interactions with government) co -benefits. Strategies with
more likely co-benefits received a slightly higher score.
The second step of the equity evaluation will be applied during implementation planning for the
full portfolio of existing and new efficiency strategies. This will involve evaluating each strategy’s
potential to support positive equitable outcomes and developing implementation plans intended
to maximize positive equitable outcomes for disproportionately impacted and underserved
groups. A range of questions will be applied to each strategy to assess whether the strategy is
likely to have a high, medium, or low support of the desired equity outcomes. Staff will work to
adjust program implementation over time to increase the likelihood of high support for positive
outcomes.
As noted in WEP Section 3.4, the efforts to elevate equity in both engagement and decision -
making should be considered the starting point of an ongoing approach to offering equitable
water efficiency activities that best serve all customers. Staff will continue applying and refining
the engagement tactics and equity evaluation methods in an effort to improve access,
participation, and efficiency benefits across the community. To the extent possible, program
participation will be tracked and compared to demographics or other indicators as one metric to
evaluate changes in participation and equity over time.
Engagement Activities
The following engagement activities were conducted during development of the WEP. Feedback
from these activities is summarized in Section 3.5.
Engagement with the Community
Feedback from community members was critical to the development of water efficiency goals,
selection and preliminary design of efficiency strategies, and development of the equity
evaluation tool. A wide variety of tactics were conducted over several months to foster both
broad participation and feedback from equity-priority groups. Community engagement activities
are summarized in Table 5 and included:
Community Consultants
The broader public engagement process began by hiring four community members to lead
engagement with equity priority stakeholder groups. Each of these community consultants
selected their target stakeholder groups based on their specific backgrounds and ex periences.
The community consultants’ program was integral to the engagement approach of this plan
update process. Designed to collect community insights and feedback authentically and through
trusted community brokers, the community consultants program em phasized meeting
communities where they are rather than inviting them to come to Water Utilities of the City.
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Meeting formats ranged from one-on-one phone calls and home visits to attending an existing
community meeting, deploying many of the engagement “best practices” described in the
engagement plan. Reaching over 110 community members in over 15 different locations across
the city and over the phone and in people’s homes.
Community-Wide Survey
Water Utilities and the consultant team also developed a community -wide survey to collect input
from the broader Fort Collins community on water efficiency priorities, concerns, and
opportunities. The bilingual survey was uploaded to the City’s online engagement platform, Our
City, and distributed in hard-copy form to two libraries, the Water Utilities Administration
Building, and events attended by Water Utilities staff. Water Utilities promoted the survey
digitally through several avenues, including Our C ity, social media, email distribution lists, and at
events attended by Water Utilities staff. The tabling events hosted by staff to promote the survey
included paper version with English and Spanish translation, efficiency-related giveaways, and
coloring books for kids. Ultimately the survey garnered 1,329 responses, including 40 hard copy
responses and five Spanish language responses.
Community Events
Water Utilities staff attended several community meetings throughout the process to collect
input and feedback from specific stakeholder groups. Over the course of six months, Water
Utilities staff presented at or organized eight meetings, to listen and collect feedback on water
efficiency goals, programs, and challenges.
Informational Interviews
Along with interviewing key staff and members of the Climate Equity Committee, five community
leaders were involved in a discussion about the equity evaluation process. These individuals
were identified by Water Utilities as key connectors and experts who could provide insight into
existing equity challenges in the City, on best practices for integrating equity into plans, and
from the perspectives of equity priority communities.
Table 6: WEP update community engagement activities
Audiences Reached Engagement Tactic
Community Consultant-Led Engagement: Over 110 engaged
Native American community Community Consultant-led activities including
meetings and tabling
Small business owners and managers
Wildlife Interest
Religious groups
Elderly
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Audiences Reached Engagement Tactic
Mobile Home residents
Colorado State University community
Spanish speakers
Students
Renters
WEP-Focused Meetings and Events: Over 200 engaged
Representatives from various City Boards and
Commissions
Presentations and feedback collection at City -
organized board and commission meetings
Water-wise landscaping professionals Presentation and feedback collection at
facilitated meeting of participants in Certified
Landscaping Professionals & Xeriscape
Incentive Program Ambassadors programs;
included meal
Spanish speakers in mobile home parks Facilitated engagement with participants in
Community Champions group; included
translation services, meal, and childcare
Colorado State community Defend Our Beer tabling event
Broad community Campus sustainability groups facilitated
workshop
People with disabilities People First
Small business owners Presentation and feedback collection at
facilitated meeting of NoCo Business Connect;
included meal and translation services
HOA residents who have completed water-wise
landscape projects
Presentation and feedback collection at
facilitated meeting of participants in Water
Utilities landscaping programs
Broad Community Outreach: Over 4,700 engaged
WEP community survey 1,319 (40 submitted via paper handouts, 1,279
submitted online; 5 in Spanish, rest in English)
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Audiences Reached Engagement Tactic
WEP information sharing at community events
including Earth Day, Eco Fest, Defend Our Beer
186 participants Feedback frames were used to
gain “Yes” or “No” votes on 12 water efficiency
strategies
WEP outreach and marketing including
bilingual movie theater ad, utility bill inserts,
customer emails, key accounts meeting, social
media, e-newsletters, university student
advertising, staffed info booths
3,216 hits on the public engagement website
about the WEP update
Engagement with City Advisory Groups
Staff sought input on water use, conservation, and efficiency from multiple advisory groups:
City Council
Water Utilities staff presented information about the WEP update process and proposed goals
and strategies at City Council Work Session meetings on February 13, 2024 , and February 25,
2025. Council provided feedback and comments that informed the final WEP goals and
strategies.
City Board and Commission Super Issues Meeting
City board and commission participants have the opportunity to participate in “Super Issues”
meetings to learn about and discuss broad topics that could affect the community at large.
Water Utilities staff presented an overview of the WEP and demand management strategies.
Feedback was collected through discussion and an informal questionnaire. General sentiment
was that the greatest opportunities for efficiency may exist with commercial customers
(including businesses, HOAs and commercially metered multifamily properties) with high
outdoor use. Participants suggested that engagement s hould include heavy incentives and light
regulations, or an even mix of incentives and regulations.
Water Commission
The City’s Water Commission advises the City Council on focuses on all aspects of water. Staff
met with Water Commission on April 6, 2023, and May 18, 2023, to seek early input on
efficiency strategies to consider for evaluation during the WEP update. An interactive voting
exercise and large group discussion indicated a high interest in turf restrictions, budget -based
water rates, and increased collaboration on efficiency programs. Staff met with the Water
Commission again on March 20, 2025 , and June 5, 2025, to provide an update and seek
feedback on proposed goals and strategies. They unanimously-approved a motion to support
the WEP at their July 17, 2025 meeting.
Natural Resources Advisory Board
The Natural Resources Advisory Board advises the City Council on all matters pertaining to the
sustainability of the City’s natural resources including water resources. On June 26, 2024, staff
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presented an overview of the WEP and led an engagement activity to seek input on water
efficiency strategies as they pertain to urban tree health/benefits and raw water irrigation. On
May 21, 2025, staff presented an overview of the WEP draft that was available during the public
comment period and solicited final input from Board members. The Natural Resources Advisory
Board provided a letter of support for the WEP update to City Council on June 18, 2025.
Parks and Recreation Advisory Board
The Parks and Recreation Advisory Board advises and makes recommendations for matters
pertaining to Parks and Recreation. On May 28, 2025, staff presented an overview of the WEP
draft that was available during the public comment period and solicited final input from Board
members. They provided specific comments, which staff addressed through revisions to the
WEP text and a comment response memorandum dated June 23, 2025. Staff returned to
address questions at the June 25, 2025 meeting. The Parks and Recreation Advisory Board
provided a letter of support for the WEP update to City Council on July 28, 2025.
Planning and Zoning Commission
Planning and Zoning Commission makes recommendations to the City Council regarding
zoning, annexations, major public and private projects and long-range planning activities. The
Commission is also the final decision -making authority regarding land use proposals including
development plans. On May 9 and May 15, 2025, staff presented an overview of the WEP draft
that was available during the public comment period and solicited final input from
Commissioners. They unanimously-approved a motion to support the WEP at their May 15,
2025 hearing.
Climate Equity Committee
The City’s foundational climate action plan, Our Climate Future, helped establish the Climate
Equity Committee (CEC), a citizen advisory group that advises the City on integrating equity into
its climate work. The CEC met with Water Utilities staff three times throughout the process and
provided deep feedback on the engagement process and equity evaluation.
Engagement with City Staff
A variety of engagement activities were conducted with City staff who work in departments that
use water for municipal purposes including parks, natural areas, cemeteries, open spaces,
streetscapes, municipal trees, municipal buildings, recreation centers, and pools. Staff feedback
informed organizational water use goals and strategy priorities, as well as alignment with
policies, plans, and practices. Staff enga gement tactics are summarized in Table 6 and
included:
Staff Core Team and Lead Team
The Strategic Leadership Team is made up of seven city staff members, with the goal of helping
to champion, learn, integrate, and support. This team stays informed on WEP progress and
helps to provide strategic guidance on the outcomes including the WEP go als, integration with
Our Climate Future, and Water Commission communications. Following the completion of WEP,
these champions will help to implement WEP strategies within teams across City organizations.
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The Staff Core Team consists of more than 10 city staff members. Like the Strategic Leadership
Team their goal is to stay informed and provide strategic guidance throughout the WEP update
process. The Core Team reviews, provides feedback and varying perspe ctive, guides overall
direction, ensures continuity of subgroup tasks and alignment with overall WEP efforts.
Following the completion of WEP, this team will help to facilitate implementation of WEP
strategies within teams across City organizations. Both t eams meet monthly or quarterly and at
key milestones.
Staff Road Shows
As a part of preliminary pre-engagement hundreds of staff and community members were
engaged in a dozen presentations or activities during this phase. Presentations were given by
Water Conservation staff to key departments across the City. The road shows were intended to
provide awareness of the WEP update effort and foundational information to City staff
departments, prior to facilitated meetings in Q1 -Q2 2024 with some departments to identify and
discuss water efficiency strategies.
Staff Focus Groups and Meetings
In April of 2024, Water Utilities hosted several City staff in a series of four focus groups intended
to collect feedback on the Water Utilities’ proposed strategies and goals. Additional small group
meetings were also held. Staff attendees were from various departments and divisions across
the City’s water users, including Parks, Operation Services, Engineering, Environmental
Services, Water Resources, Water Treatment, Field Operations, Planning, Recreation, Forestry,
Golf, Parks Planning, Natural Areas, Gardens on Spring Creek, Economic Health, Customer
Care and Technology, Energy Services, Utilities Affordability Programs, and Social
Sustainability.
Informational Interviews
A key aspect of this plan update process for Water Utilities was the development of an
evaluation by which strategies would be assessed for their potential equity impacts. This
evaluation was co-created by Water Utilities staff and the consultant team, then vetted through a
series of informational interviews with key staff members, members of the Climate Equity
Committee, and five community leaders. The community leaders were identified as key
connectors and experts who could provide insight on existing equ ity challenges in the City, on
the best practices for integrating equity into plans, and from the perspectives of equity priority
communities.
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Table 7: WEP update City staff engagement activities
Focus Area Engagement Tactic Date
WEP-Focused Staff Engagement: approximately 500 engaged
WEP Road Shows WEP overview and kick-off presentations
with at departmental all-staff meetings
Municipal Indoor Water Use Facilitated focus group feedback collection 4/1/2024
by consultant facilitator
Municipal Outdoor Water Use 3/21/2024
Municipal One Water and 3/21/2024
Conservation Opportunities,
Including Municipal Operations,
Distribution, and Stormwater
Land Use and Building Policies and 4/1/2024
Customer Impacts
Informational Interviews with staff 1:1 or small team interviews by consultant June 2024
working on equity, climate, and facilitator
sustainability topics
Information sharing meetings with Internal meetings to share information, seek Summer
staff from departments and collaboration opportunities, and align 2024
divisions including Parks, Operation municipal efforts
Services, Engineering,
Environmental Services, Water
Resources, Water Treatment, Field
Operations, Planning, Recreation,
Forestry, Golf, Parks Planning,
Natural Areas, Gardens on Spring
Creek, Economic Health, Customer
Care and Technology, Energy
Services, Utilities Affordability
Programs, and Social Sustainability
State of the Water and Parks Internal meetings to learn about practices Spring 2024,
departmental meetings and challenges, seek collaboration
opportunities, and align municipal efforts Spring 2025
Municipal water use goal and Meetings with key staff and managers for Summer –
strategy development (follow-up to departments connected to WEP municipal Fall 2024
facilitated focus groups) efficiency strategies
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Key Findings from WEP Engagement
Seven primary research questions were used to guide feedback collection across all
engagement tactics. Below is a summary of community member feedback as interpreted by the
project team, organized by the seven questions.
• What are the public’s top concerns about water efficiency, and how strongly are
those concerns held? Will those concerns drive public action?
o Long-term viability of Fort Collins’ water supply, especially given the changing
climate and population growth.
o Water scarcity and potential for rising water costs, which would exacerbate
equity and access issues.
o Financial cost of water efficiency upgrades, particularly around xeriscaping.
o Threats to water quality, especially for mobile home park residents and with
climate change.
o The issues of scarcity and sustainability were nearly universal.
o Some responded with desires to curtail population growth and development;
or require much more stringent regulations on water use for new
development.
o Others expressed broader support for public action.
• What water efficiency strategies (e.g., programs, incentives, policies, education) are
the public most interested in?
o Water efficient fixtures were the most mentioned incentive program followed
by xeriscaping and water audits.
o Education was a commonly mentioned strategy to promote water efficiency
with the public.
o Opportunities to tailor education and outreach for : landscapers as they are
key players in guiding homeowners; HOAs that set policies for outdoor
landscaping for their communities; homeowners and realtors to normalize
xeriscaping and water-wise landscaping; and equity priority communities to
promote participation in programs.
• What are the public’s values and sentiments related to equity as it pertains to water
efficiency and uses?
o Wealthy residents and businesses can afford to pay fines or higher rates.
o In contrast, low-income residents would struggle to pay for bills, fines, and
necessary upgrades.
o Landlords may pay water bills for their renters, which means tenants do not
necessarily benefit from water efficiency efforts.
o Low-income communities face higher leakage rates, older infrastructure, and
less efficient fixtures and appliances.
o Urban heat island effect and tree canopy coverage may suffer from water use
restrictions, which would disproportionately impact equity priority
communities.
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o Concern over the conflicting incentives between landlords and tenants, both
residential and business.
• What is the public’s appetite for mandates versus incentives?
o Greater interest in regulating large businesses, public spaces, HOAs and the
City’s operations. This was particularly strong in equity priority communities
and young people.
o More desire for incentives targeted at private residences, small businesses,
and mobile home parks.
• What are the gaps in the existing public outreach approach?
o Low-income renters.
o Spanish speaking community.
o HOAs, landscaping professionals, and realtors are important groups to
continue or begin engaging.
• What are the potential drivers for individual action on water efficiency?
o Increased transparency on City water efficiency efforts and major commercial
users.
o Understanding of the impact of individuals’ efficiency efforts.
• What are effective methods for reaching both general and priority audiences?
o Invest in building relationships and building in the time during engagement
processes to listen to people’s concerns first.
o Reframe engagement from an aspect of the planning process to long-term
relationship-building work. (Climate Equity Committee)
o Identify opportunities to streamline or leverage existing intervention points
such as when business owners receive their business licenses.
o Meeting community members at locations or times when they are already
meeting and attending community events.
o Engagement opportunities to continue building off including:
▪ Renewing Community Consultant contracts.
▪ Strengthening relationships with community groups.
Suggestions for Future Engagement
Water Utilities received many suggestions throughout the engagement process for opportunities
to improve or build on its engagement efforts. Central to these recommendations is the idea of
reframing engagement from an aspect of the planning process to long -term relationship-building
work. Every engagement should be treated as an opportunity and building block for creating
deeper relationships in the community. There was a strong desire throughout Water Utilities’
engagement with equity priority communities for the City generally to center engagement and
strategy development around their needs. Participants stressed the importance of identifying
groups missing from previous efforts and developing ways to craft culturally relevant, accessible
messaging and communications. To adapt a common refrain in public engagement, the
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community’s feedback suggests that simply “inviting them to the table” misses the opportunity to
meet them at their own table.
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Appendix C: Efficiency Strategies Supporting
Goal 1
Water efficiency strategies were identified and selected following the process described in WEP
Section 4. This process yielded a portfolio of both existing strategies that will be continued and
opportunities for new strategies to gradually implement.
In this WEP update, Water Utilities categorized water efficiency strategies based on the primary
approaches, or “levers,” of impact: behavioral, infrastructure, economic, and regulatory . These
categories are similar, but not identical, to the SWSI Levels Framework (foundational activities,
targeted technical assistance and incentives, ordinances and regulations, and educational
activities) outlined in the CWCB’s Municipal Water Efficiency Plan Guidance Document. The
SWSI level description for each strategy is listed to facilitate comparison to CWCB guidance.
The range of annual water savings for recent years is presented for those programs that have
tracked quantitative savings; however, many of the other programs listed have likely also
lowered overall community water use but are difficult to quantify (e.g., educational activities). As
described in Section 2, current Water Utilities’ programs with tracked program savings help
customers collectively reduce 155 MGY on average, an annual reduction of over 2.3% in water
demand.
Current Strategies Supporting Goal 1
This section provides a summary table (Table 7) and brief descriptions of the current Water
Conservation program activities that staff intend to continue to make progress towards Goal 1:
Reach 4% annual reduction in water use by 2040 to reduce risk of shortages . Additional
information about these strategies is provided in Table 7. Some strategies implemented on City-
owned properties, described in Appendix D, will also support Goal 1.
Behavioral Strategies
Community Education Programs and Events (1977)
Water Utilities conducts educational programs about Xeriscape landscaping, watering
techniques and practices, fixture replacements, and general water efficiency. A daily Lawn
Watering Guide is published on the City’s website during the watering season. Informati on is
disseminated via bill inserts, bus benches, billboards, events, newspaper articles, TV and radio
announcements, Water Utilities website information, social media, and more. The team also
serves as technical experts to help commercial customers with water use or billing questions.
Displays are set up at several community events. Staff regularly adjust the focus and content of
educational programs and materials based on community interest in need. Potential topics for
future education include the goals and strategies in this WEP, climate and resilience , and
regional water availability issues. (SWSI Educational activity) Key highlights of educational
activities include:
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• Student (K – 12) Education Programs (1977) – Led by Water Utilities Community
Engagement staff, presentations and hands -on activities are provided to school classes
on water topics, including the history of water in Fort Collins, water use and efficiency,
water chemistry and watersheds. (SWSI Educational activity)
• Water Conservation Annual Report (2012) – The annual report provides a detailed
overview of the impact of water the Water Conservation Division’s efficiency programs
over the past year. It serves as a tool for accountability, keeping the community informed
about progress toward water efficiency go als, challenges faced, and the direction for the
future. The report is posted online in ADA-accessible format and available in print form
at events.
• NoCo Bloom Articles and Advertisements (2016) – Articles and advertisements focused
on water-efficient landscape practices in a free three-times annually publication
produced collaboratively between the City, Colorado State University, and Larimer
County Extension. Article and advertisement content va ries year-to-year. (SWSI
Educational activity)
Campaigns (2016)
Fort Collins participates campaigns to promote efficiency, such as Imagine a Day Without Water
sponsored by the U.S. Water Alliance and Fix a Leak Week activities sponsored by U.S. EPA
WaterSense. Activities and promotions vary year-to-year and are conducted in partnership with
Water Utilities Community Engagement staff. (SWSI Educational activity)
Garden Party / Eco Fest Community Event (2003)
Annual one-day event with free classes, a native plant swap, live music, and numerous booths
staffed by local professionals, non-profits and City staff promoting water-wise landscaping.
Hundreds of people attend the event each year.
Xeriscape Demonstration Garden (1986)
Staff oversees maintenance of the City's Xeriscape Demonstration Garden and provides tours
at organized events and upon request. Water Utilities is also partnering to support various
demonstration gardens and other events at the Gardens on Spring Creek. (SWSI Educational
activity)
Efficiency Equipment Giveaways (1990)
Free indoor and/or outdoor water -saving devices and information are offered frequently to
customers during events. Giveaways vary, but have included shower timers, faucet aerators,
toilet tank banks, playing cards with conservation tips, hose timers, hose nozzles, and
gardening gloves. In 2024, giveaways were further promoted through the free Showerhead
Swap program. The showerhead swap program allows customers to exchange qualifying used
showerheads for free, new high -efficiency showerheads. This program was piloted in 2024 over
5 months. (SWSI Educational activity)
Irrigation Assessments – Residential (1999)
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Free assessments are offered to homeowners to help them improve sprinkler system efficiency.
Since 2024, this has been done in partnership with Resource Central. (SWSI Targeted
Technical Assistance and Incentives activity)
Irrigation Assessments – Commercial and HOA (2024)
Assessments are offered to businesses and HOAs to help them improve sprinkler system
efficiency. Since 2024, this has been done in partnership with Resource Central. (SWSI
Targeted Technical Assistance and Incentives activity)
Indoor Assessments and Direct Installation – Residential (2007)
Free inspection of home and installation of appropriate products based on a home's needs.
Products may include showerheads, aerators, toilets and energy -efficiency items. Since 2012,
this has been done in partnership with Larimer County Conservation Corps.
Direct Installation for Small Businesses and Multi-Unit Housing (2007)
No-cost installation of low-flow aerators, pre-rinse spray valves, and showerheads.
Indoor Assessments – Commercial (2004)
A free, whole facility energy and water assessment to help customers understand and manage
utility costs and identify savings opportunities.
Saving Water Hotline (2014)
Community members can submit an online notification or call a phone hotline to report leaks,
flowing, or pooling water. Water Conservation staff respond to the notifications and work with
customers to resolve the water waste concerns.
Water Reports – Residential (2014) and Commercial (2018)
Customers receive customized reports that display their water use and compare it to either
similar households (residential) or to historical use (commercial and a subset of residential).
(SWSI Educational activity)
Residential Water Budgets (2020)
Water budgets based on occupancy, irrigable area, and weather provide customized water use
targets to help single-unit and duplex customers understand and manage their water use.
Residential water budgets are managed and distributed through the MyWater dat a portal.
Water Use Estimator for Development (2022)
Born out of cross-collaboration between Water and PDT staff at a Growing Water Smart
workshop, this tool is used to estimate how much water a proposed development might use.
The tool can be used during Development Review to support project design choices and
decision-making that promotes water-wise development before development approval.
Waterwise Professionals Network and Support (2016)
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This program bridges the community with local landscape and irrigation professionals who are
well-versed in water-efficient practices, while also connecting these professionals to City
programs, training, and resources. A filterable public webpage lists businesses that have
attended the mandatory annual meeting, serving as a valuable resource that staff can direct
customers to for guidance.
Infrastructure (Including Operations)
Advanced Metering (2014)
Commercial and multi -unit units have been metered for decades; the Water Utilities fully
metered residential customers by 2003. The Water Utilities transitioned to advanced metering
infrastructure (AMI) in 2014. The data resolution is hourly intervals for water. (SWSI
Foundational activity)
Monthly Billing with Detailed Rate Codes (2001)
Customers are billed on in 30 -day increments according to the tiered rate structure and
customer type. Billing data is connected to advanced metering infrastructure readings for each
account. Customers can access their water use data through an online data portal and monthly
paper or electronic bills. Staff have multiple methods to analyze customer use data by sector to
support efficiency programming, while maintaining security of private customer information.
(SWSI Foundational activity)
Customer Data Portal (2014)
This web-based portal was developed to provide customers with near-real time access to their
historical and current electric and water usage and costs. The portal also provides comparisons
to the previous bill period, and illustrates which tier you are currently in. There are alert -based
features that a customer can use to provide automatic notifications when they reach a certain
usage level or cost level. A mobile version was launched in December 2014. (SWSI
Foundational activity)
Leak Alerts and High Use Notifications (a.k.a. Continuous Consumption Program; 2015)
This program uses a commercial software program to identify and notify customers who have
hourly water usage for 24 hours. Customers with the highest continuous flow rates are
contacted to make them aware of the continuous consumption and the likely leak. S taff
troubleshoots with the customer to try to find the source of continuous use. (SWSI Foundational
activity)
Economic Strategies
Indoor Product Rebates – Residential (2010)
Rebates for qualifying high -efficiency equipment including toilets, smart home monitors, and
showerheads. The type and model of fixtures rebated changes over time based on water
savings, availability, and interest
Indoor Product Rebates – Commercial (2003)
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Rebates for qualifying high -efficiency equipment including toilets, urinals, and commercial
kitchen and laundry appliances. The type and model of fixtures rebated changes over time
based on water savings, availability, and interest.
Irrigation Equipment Rebates – Residential (2018)
Irrigation equipment rebates are available to all customers, and incentivize the replacement of
old equipment with new, more efficient technology. Rebates are issued for qualifying equipment
including weather-based irrigation controllers, high-efficiency nozzles, drip irrigation
conversions, rain sensors and more.
Irrigation Equipment Rebates – Commercial (2019)
Irrigation equipment rebates are available to all customers, and incentivize the replacement of
old equipment with new, more efficient technology. Rebates are issued for qualifying equipment
including weather-based irrigation controllers, high-efficiency nozzles, drip irrigation
conversions, rain sensors and more.
Xeriscape Incentive Program Rebates – Residential (2010)
Residential accounts are eligible to receive a rebate for projects that reduce outdoor water
demand on the property through landscape renovation.
Xeriscape Incentive Program Rebates – Commercial (2020)
Commercial accounts are eligible to receive a rebate for projects that reduce outdoor water
demand on the property through landscape and irrigation renovation.
Xeriscape Grants (2024)
Grant funding for outdoor water efficiency projects such as irrigation repairs or efficiency
upgrades and low-water landscape installation
Garden in a Box Discounts (2017)
Through a partnership with Resource Central, customers receive discounts for professionally
designed, regionally appropriate, water -wise garden kits.
Custom Rebates – Commercial (2011)
Rebate offering for any upgrade that has a documented water savings compared to current
process or equipment. E.g. Cooling tower conductivity control, car wash reuse, leak detection
and repair, custom appliance replacement, etc. (SWSI Targeted Technical As sistance and
Incentives activity)
Conservation -Oriented and Seasonal Rate Structures (2003)
Water Utilities implements a n efficiency-oriented rate structure for residential and commercial
customers. On a monthly basis, Water Utilities charges a fixed base charge and, in most cases,
a variable, tiered block rate based on volume of water used. There are 3 tiers for single and
double-unit housing accounts, 2 tiers for commercial accounts, and 1 tier for multi -unit
residences. Multi-unit residences and commercial taps have a seasonal rate increase from May
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to October when water use is higher due to irrigation. Current rates are posted online at
fcgov.com/Water Utilities. (SWSI Foundational activity)
Conservation -Oriented Water Supply Requirement Fee for Commercial Water Taps (2022)
The Water Supply Requirement (WSR) is a development fee collected to pay for the water
necessary to serve a new or upsized, commercial water tap. The WSR is determined by
calculating demand based on various factors depending on the property type, including
business type, number of beds, landscape area, and more. In general, the WSR fee varies for
commercial water taps such that lower-water-use developments pay less, while higher-water-
use developments pay more.
Allotments and Excess Water Use Surcharge for Commercial Accounts (1984)
Commercial water accounts are each assigned an annual allotment - the volume of water a tap
can use in a 12-month period before incurring an excess water use surcharge. The excess
water use surcharge is a volumetric charge based on water used through the r emainder of a 12-
month billing period once an account has exceeded the annual allotment. When appropriately
sized, allotments have potential to serve as a valuable efficiency tool.
Regulatory Strategies (Regulations and Ordinances)
Wasting Water Ordinance and Code Enforcement (1917)
Staff enforces the section of the City Code that prohibits wasting water. Wasting water
complaints are investigated. Complaints are used as an education tool, but enforcement by
ticketing is also an option.
Building Codes and Plumbing Standards (1978, 2012, 2019, 2022)
Historically, Water Conservation has recommended code updates and participated in and/or led
update proposals. Conservation-related code elements include: All construction within the City
of Fort Collins shall comply with adopted International codes, including but not limited to
Building Code, Energy Conservation Code, Plumbing code, and all local amendments adopte d
for each. Included in local amendments are specifications for maximum flow rate and
consumption for plumbing fixtures and fittings. In addition to historical efficiency-oriented code
changes, active Water Conservation leadership and involvement is expect ed for implementation
of recent efficiency-oriented code updates and upcoming proposals such as 2025 Plumbing
code updates and alignment with future State -level legislation. (SWSI Regulations and
Ordinances activity)
Landscape, Irrigation and Soil Preparation Codes (1994, 2003, 2025)
Historically, Water Conservation has recommended code updates and participated in and/or led
update proposals. Conservation -related code elements include new developments and
redevelopments on commercial properties require landscape and irrigation plans that comply
with adopted Land Use Code. Requirements include efficient design of irrigation, dedicated
irrigation to trees, an average gallon per square foot cap on outdoor water demand, and
minimums for plant coverage and tree canopy. A rain shut-off device and a post-installation
audit are required for commercial sprinkler systems. By City Code ordinance, all properties
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where areas are disturbed and proposed to hold plant material require soil loosening and soil
amendment. In addition to historical efficiency-oriented code changes, active Water
Conservation leadership and involvement is expected for implementation of recent efficiency -
oriented code updates and upcoming proposals such as alignment with pending State -level
legislation related to landscapes. Activities anticipated in coming years include actions related to
2025 Landscape, Irrigation, & Soil Code Amendments, Streetscape Standards, and Parkway
Landscaping Regulations.
Parkway Landscaping Regulations (2013)
Streetscape Standards detail standards for appropriate water -wise landscape designs in
parkways and medians on all road types. Residential and commercial streetscape landscape
plans require Development Review.
Stormwater Criteria Manual, including Low Impact Development Criteria (2011, 2013, 2016,
2018)
The City has stormwater and low impact development (LID) criteria, adopted by ordinance, that
set out landscape design standards to manage stormwater, and which can encourage efficiency
through practices such as mulching, native plants, and rain gardens
Development Review includes Water Conservation Review of Plans (2011)
The Water Conservation Division reviews irrigation plans for new commercial developments and
redevelopment to ensure irrigation systems and landscapes being installed meet municipal code
standards for water efficiency. Landscapes installed for new commercial development and
redevelopment are required to use less than 11 gallons of water per square foot per year.
Graywater for Limited Water Reuse Ordinance (2022)
Graywater (i.e., water used in a residential, commercial or industrial building that is collected
after the first use and put to a second use) can be collected from certain indoor bathing and
washing fixtures and use for toilet and urinal flushing.
Water Adequacy Determination Regulations (2023)
Water Adequacy Determination requires proof that new developments have secured sufficient
water supply. Updates to the policy over time have further outlined the process as a part of the
Development Review process. Limited supply and high cost of water resources have resulted in
developers pursuing more creative ways to provide water to their proposed developments,
particularly projects striving to provide affordable housing or the denser development p atterns
called for in the City Plan.
Restrictive Covenants Ordinance (2003)
City Code prohibits HOA covenants from banning the use of Xeriscape or requiring a
percentage of landscape area to be planted with turf, if the homeowner owns the property and
pays for the water that irrigates the landscape.
Water Shortage Action Plan (2003, 2020)
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The Water Shortage Action Plan includes a comprehensive list of tactics and restrictions for
customers to implement in the event of a water shortage. The WSAP also includes definitions of
shortage levels and guidelines for the City Manager to declare a shortage or restrictions.
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Table 8: Current efficiency strategies supporting Goal 1
Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
--: Indicates efficiency savings not quantitatively tracked or estimated.
Behavioral
Community education programs 1977 -- ✓
Student (K-12) education
programs
1997 -- ✓
NoCo Bloom articles and
advertisements
2016 -- ✓
Water Conservation programs
annual report
2012 -- ✓
Campaigns – Fix a Leak Week,
Imagine a Day Without Water
2016 -- ✓
Garden Party / Eco Fest
community event
2003 -- ✓
Xeriscape Demonstration
Garden
1986 -- ✓
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Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Efficiency equipment giveaways 1992 -- ✓
Showerhead swap 2024 875,000 ✓
Irrigation assessments –
residential
1999 153,000 –
2,045,000 ✓
Irrigation assessments –
commercial and HOA
2024 not available ✓
Indoor assessments and direct
installation – residential
2007 981,000 –
2,750,000 ✓
Direct installation for small
businesses and multi-unit
housing
2019 165,400 –
5,086,000
(multi-unit
housing);
12,465 –
92,500 (small
businesses)
✓
Indoor use assessments –
commercial
2017 6,000 –
670,000
✓
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Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Saving water hotline 2014 89 – 120
reports
received
annually;
volume of
savings not
available
✓
Water use reports – residential
and commercial
2014 24,000,000 –
75,000,000
✓
Water budgets – residential 2020 -- ✓
Water use estimator for
development
2022 -- ✓ ✓
Waterwise landscape and
irrigation professionals network
and support
2016 -- ✓
Infrastructure
Advanced metering for all
accounts
2014 -- ✓
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Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Customer data portal 2014 -- ✓
Leak alerts and high use
notifications (continuous
consumption program)
2015 40,500,000 –
110,500,000
✓
Monthly billing with rate codes
that align with tiered rates and
customer type
2014 -- ✓
Economic
Indoor product rebates –
residential
2010 2,100,000 –
3,400,000
✓
Indoor product rebates –
commercial
2003 12,400 –
1,027,000
✓
Irrigation equipment rebates –
residential
2018 1,007,000 –
1,740,000
✓
Irrigation equipment rebates –
commercial
2019 1,510,000 –
9,556,000
✓
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Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Xeriscape incentive program
rebates – residential
2010 448,900 –
661,300
✓
Xeriscape incentive program
rebates – commercial
2020 54,000 –
3,495,000
✓
Garden in a Box discounts 2017 310,000 –
529,000
Xeriscape grants 2024 -- ✓
Custom
rebates – commercial
2011 0 – 15,000,000
(average
3,100,000)
✓
Conservation-oriented and
seasonal rate structures
2003 -- ✓
Conservation-oriented water
supply requirement fee for
commercial water taps
2022,
most
recent
update in
2025
-- ✓ ✓
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114
Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Allotments and excess water
use surcharge for commercial
accounts
1984,
most
recent
update in
2024
-- ✓
Regulatory
Wasting water ordinance and
code enforcement
1917 -- ✓ ✓
Building codes and plumbing
standards
1978,
most
recent
update in
2022
-- ✓ ✓
Landscape, irrigation and soil
preparation codes
1994,
most
recent
update in
2025
1,700,000
(estimate of
annual savings
for most recent
update)
✓ ✓
Parkway landscaping
regulations
2013 -- ✓ ✓
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Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Stormwater Criteria Manual,
including Low Impact
Development criteria
2011,
most
recent
update in
2018
-- ✓ ✓
Development Review includes
Water Conservation review of
irrigation plans
2011 -- ✓ ✓
Graywater for limited water
reuse ordinance
2022 -- ✓
Water Adequacy Determination
regulations
2023 -- ✓ ✓
Restrictive covenants ordinance
prevents limits on xeriscape
and turf grass requirements
2003 -- ✓
Water Shortage Action Plan 2003,
most
recent
update in
2020
-- ✓
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116
Fort Collins Water Utilities
Efficiency Activities
Start
Year
Tracked
Estimated
Annual Water
Savings,
2020-2024
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Water Adequacy Determination
regulations
2023 -- ✓ ✓
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Planned New Strategies Supporting Goal 1
The following are descriptions of the new Water Conservation program activities identified for
likely implementation in support of WEP Goal 1: Reach 4% annual reduction in water use by
2040 to reduce risk of shortages. Additional information about these strategies is provided in
Table 8 and cumulative potential impact of these strategies is discussed in Section 4.
Behavioral
High Bill Evaluations for Residential Customers (Targeted start in 2028)
Identify and connect directly with residential customers with high water use. This strategy is
about pathways for behavior change and communicating throughout the journey. (SWSI
Targeted Technical Assistance and Incentives activity)
Wrap-around Support for Water Efficiency in Community Greenspaces or HOA and Large Turf
Areas (Targeted start in 2028)
A stepwise program to support HOAs and other large turf landscapes through irrigation
education, irrigation equipment upgrades, turf conversions, and ongoing maintenance. (SWSI
Targeted Technical Assistance and Incentives activity)
Rental Tenants and Owners/ Managers Efficiency Outreach & Giveaways (Targeted start in
2027)
Develop educational materials and resources for rental tenants and owners to increase water
efficiency awareness and support effective water use practices across rental properties.
Educational materials developed may include sample lease language, move -in efficiency
checklists, suggestions for behavior changes to lower water use, information on how to find and
read a water bill, and welcome packets that include leak detection kits and easy -to-install
fixtures like high-efficiency showerheads and faucet aera tors. Staff intend to consult and partner
with City’s Neighborhood Services department to implement this strategy. (SWSI Educational
activity)
Commercial Water Use Benchmarking (Targeted planning start in 2027)
Water use benchmarks are standards or reference points used to measure and compare water
consumption levels. They help to set goals for water efficiency and identify areas for
improvement. Establishing water use benchmarks for indoor and outdoor consumptio n can drive
efficiency efforts. A public-facing website would track and report water use for multi -unit housing
and commercial buildings to promote transparency and accountability. City buildings could be
used to pilot this strategy prior to general public application. (SWSI Educational activity)
Comprehensive Communications and Marketing Plan for Conservation Promotion (Targeted
start in 2026)
Comprehensive and cross-departmental approach to communication and marketing of efficiency
strategies, programs, and education about water or water -adjacent topics. Sharing the progress
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made toward community and municipal water goals, including projects and upgrades on City -
owned properties, must be included in messaging. (SWSI Educational activity)
Infrastructure (Including Operations)
No new infrastructure or operations -based opportunities were selected.
Economic
Plumbing Repair Assistance (Targeted start in 2028)
For under resourced customers, a financial assistance program for plumbing services such as
leak detection and repair, and high -efficiency appliance or fixture installation. This strategy also
intends to provide access to a network of plumbers who are equipped to identify and repair
leaks, install high-efficiency appliances, and align with Water Conservation's goals and
resources. (SWSI Targeted Technical Assistance and Incentives activity)
On-Bill Financing for Efficiency Upgrades (Targeted planning start in 2027)
This program is intended to support customers who experience water loss issues that require
costly fixes, such as service line repairs or replacements. Customers who meet certain
qualifications can receive a multi-year loan and make payments through the Water Utilities
billing system. (SWSI Targeted Technical Assistance and Incentives activity)
Design Assistance for New Development and Redevelopment (Targeted planning start in 2027)
Financial and/or technical assistance to encourage more water efficient designs during the
design phase of development. Also planned is better promotion of incentives and assistance
before and during project development. (SWSI Targeted Technical Assistance and Incentives
activity)
Regular Evaluation of Conservation -oriented Rate Structures with Water Conservation
Involvement (Targeted start in 2026)
Water Utilities implements an efficiency-oriented rate structure. On a monthly basis, Water
Utilities charges a fixed base charge and, in most cases, a variable, tiered block rate based on
volume of water used. There are 3 tiers for single - and double-unit housing accounts, 2 tiers for
commercial accounts, and 1 tier for multi -unit housing. Multi-unit housing and commercial taps
face a seasonal rate increase from May to October when water use is higher due to irrigation.
Water Conservation and Finance staff are committed to evaluating the rate structure to make
sure the utility is striking the right balance between cost recovery, resource efficiency, and
affordability. (SWSI Foundational activity)
Regulatory (Regulations and Ordinances)
Daily Sprinkler Watering Window (Targeted planning start in 2027)
To reduce evaporation and water loss due to drift, implement a daily watering window that
prohibits overhead irrigation between the hours of 10 a.m. and 6 p.m. Historically, daily watering
windows have only been implemented as a water shortage response act ion. (SWSI Regulations
and Ordinances activity)
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Examine Existing Land Use Regulations for Barriers, Conflicts to Water Efficiency (Targeted
start in 2028)
PDT and Water Conservation are working together to identify and improve Development Review
processes, such as the minor amendment, that may hinder and make more challenging the
approval of water-wise landscaping, landscape renovation projects on commercial properties
and landscaping on right-of-way property. (SWSI Regulations and Ordinances activity)
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Table 9: New efficiency strategies to support Goal 1
Fort Collins Water
Utilities Efficiency
Activities
Planned
Start Year
Potential Estimated
Annual Water
Savings by 2040
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
--: Indicates efficiency savings not quantitatively tracked or estimated.
Behavioral
High Bill Evaluations -
Residential
2028 200,000 ✓
Wrap-around Support for
Water Efficiency in
Community Greenspaces
or HOA and Large Turf
Areas
2028 2,700,000 –
4,200,000
✓
Rental Tenant and Owner/
Managers Efficiency
Outreach & Giveaways
2027 -- ✓
Commercial Water Use
Benchmarking
2027 -- ✓
Comprehensive
Communications and
Marketing Plan for
Conservation Promotion
2026 -- ✓
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Fort Collins Water
Utilities Efficiency
Activities
Planned
Start Year
Potential Estimated
Annual Water
Savings by 2040
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Economic
Plumbing Repair
Assistance
2028 890,000 ✓
On-bill financing for
efficiency upgrades
2028 -- ✓
Design Assistance and
incentives for New
Development and
Redevelopment
2027 13,400,000 –
49,200,000 ✓ ✓
Regular Evaluation of
Conservation-oriented
Rate Structures with
Regular Evaluation with
Water Conservation
Involvement
2026 -- ✓
Regulatory
Daily Sprinkler Watering
Window
2027 40,200,000 –
47,800,000
✓
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Fort Collins Water
Utilities Efficiency
Activities
Planned
Start Year
Potential Estimated
Annual Water
Savings by 2040
(gallons)
Land Use
Integration
Statewide Water Supply Initiative Level
Foundational
Activities
Targeted
Assistance
&
Incentives
Ordinances
&
Regulations
Educational
Activities
Examine existing land use
regulations for barriers,
conflicts to water efficiency
2028 -- ✓ ✓
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Efficiency Strategies Evaluated but Not Selected for Implementation
Some new efficiency activities received relatively high scores for one or more screening criterion
but were not included in the final set of new strategies identified as highest priority for
implementation over the time period of this WEP. These strategies are documented here to
support future consideration if conditions change. These are listed in following table:
Table 10: New efficiency strategies evaluated but not currently planned
Not Selected Fort Collins
Water Utilities Efficiency
Activities
SWSI Category Mechanism of
Impact
Reason for Not
Implementing at this
Time
Submetering incentives and
promotion
Targeted
Technical
Assistance and
Incentives
Behavioral Low combined screening
criteria score
Land development ratings
system
Education Behavioral Low combined screening
criteria score
Landscape water budgets
(update and expansion of
discontinued program)
Targeted
Technical
Assistance and
Incentives
Behavioral Low combined screening
criteria score; will be
considered as part of new
commercial water
benchmarking strategy
Cooling tower management
program
Targeted
Technical
Assistance and
Incentives
Behavioral Low combined screening
criteria score
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Discontinued Water Efficiency Strategies
Some efficiency activities have been discontinued over time. These are listed in following table:
Table 11: Discontinued water efficiency strategies
Discontinued
Activities
Time Period
Program
was Active
SWSI
Category
Mechanism
of Impact
Description
Dishwasher
rebates
2007 - 2018 Targeted
Assistance
& Incentives
Economic Residential customers purchasing
qualified ENERGY STAR ®
dishwashers received a bill credit of $25
Allotment
Management
Program
2019 - 2024 Targeted
Assistance
& Incentives
Economic Commercial customers with allotments
undersized for their landscape could
apply for a temporary waiver from the
Excess Water Use surcharge while
renovation projects to permanently
lower outdoor water demand were
completed.
Landscape
water budgets
for
commercial
customers
2018 - 2022 Targeted
Assistance
& Incentives
Behavioral Participants with at least one
commercial water tap received reports
comparing actual landscape water use
to the estimated landscape water
budget developed based on site visit
data collection.
Off by
October
irrigation
campaign
2021 - 2023 Educational Behavioral Campaign targeted toward residential
customers; customers who pledged to
turn off irrigation by Oct. 1 were eligible
for a $50 credit on their next Water
Utilities bill.
Hotel and
restaurant
efficiency
materials
2003 - 2014 Educational Behavioral A three-card set available for hotels and
other commercial customers to inform
guests about the importance of water
conservation to our area and to
encourage the reuse of towels and
linens.
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Discontinued
Activities
Time Period
Program
was Active
SWSI
Category
Mechanism
of Impact
Description
Watershed
tours
2012 - 2019 Educational Behavioral Educational bus tours of the Water
Utilities’ Cache la Poudre watershed;
involves information about drinking
water, protection of water resources,
water quality, and managing urban
watersheds.
Online water
use calculator
2012 -
YEAR
Educational Behavioral Customers could use an online
calculator with their household
parameters and historic water
consumption to identify ways to improve
efficiency and reduce use.
Home
efficiency
loans, Zero
Interest Loans
for
Conservation
Help
2010 - 2016 Technical
Assistance
and
Incentives
Economic Program for residential customers that
offered a low cost, no -money-down
financing option for up to 20 years.
Loans were repaid by the customer
through their monthly utility bill.
Children’s
Water Festival
1992 - 2022 Educational Behavioral Festival geared towards children in
grades 3-5 in which presenters and
exhibitors led activities and games for
children to learn about watershed health
and sustainability.
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Appendix D: Efficiency and Landscape
Resilience Strategies for Goal 2 and City One
Water Demand Management
The WEP includes a goal and strategies directed at City-owned properties: Goal 2: Improve
water efficiency and build resilience on City-owned landscapes, to benefit the community
and environment. Beneficial outcomes for actions on City-owned landscapes include
contributing to overall water efficiency (Goal 1) by lowering municipal water use, building
resiliency in our public landscapes to prepare for a hotter future, prioritizing water use for
spaces that most benefit the community, and creating highly -visible projects that inspire water-
saving actions by local individuals and businesses
The City organization will focus on continuing and improving current best practices (Table 11)
and seeking new opportunities (Table 12) to improve water efficiency and build resilience on
City-owned landscapes, in support of Goal 2. In some cases, these actions will also yield
treated water savings that contribute to Goal 1 targets and will support integrated land use and
water planning and One Water integration across Water Utilities and the City organization.
Current Activities Supporting Efficiency and Resilience on City-Owned Properties
In this WEP update, Water Utilities categorized water efficiency strategies based on the primary
approaches, or “levers,” of impact: behavioral, infrastructure, economic, and regulatory . These
categories are similar, but not identical, to the SWSI Levels Framework (foundational activities,
targeted technical assistance and incentives, ordinances and regulations, and educational
activities) outlined in the CWCB’s Municipal Water Efficiency Plan Guidance Document. The
SWSI level description for each strategy is listed to facilitate comparison to CWCB guidance
Current Activities and Best Practices for Managing Water Use on City -
Owned Properties
This section provides brief descriptions of best practices implemented by City of Fort Collins
departments. City departments currently implement numerous best practices and operations
which address distribution and treatment inefficiencies, lower treated water use, lower raw water
irrigation use, improve landscape resilience, or a combination of these. Note that this list
provides several examples but is not fully comprehensive of the many day-to-day best practices,
departmental policies, and operational de cisions that guide City water use and landscape
maintenance. Additional information about these strategies is provided in Table 11.
Reuse Plan (1985)
Treated wastewater from the Drake Water Reclamation Facility is pumped to Rawhide Power
Plant for landscaping and cooling water.
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Water Loss Auditing (1993)
Annual audit and reporting of Water Utilities treatment and distribution system for water loss,
also known as non-revenue water, following State House Bill 1051 requirements and the
American Water Works Association M36 methodology . The audit documents and analyzed data
about distribution line leaks, meter inaccuracies, and other physical losses or tracking
inaccuracies.
Backwash Water Recycling at Treatment Facility (2003)
Backwash water recycling equipment at the water treatment facility treats backwash water and
recycles it to the beginning of the treatment process.
Water Main Survey (1993)
Sonar equipment is used to listen for leaks in water main lines and to pinpoint their locations.
Crews monitor water leaks on an ongoing basis, with a two -year cycle to survey all water mains.
Catching leaks before they have surfaced saves water and costs of excavation and repairs and
supports the wasting water ordinance. (SW SI Foundational activity)
Growing Water Smart Workshop Participation (2018, 2024)
Water Utilities and PDT staff attended and participated collaboratively at Sonoran Institute’s
Growing Water Smart Workshop in both 2018 and 2024. Cross-departmental action items
emerged from those workshops, several of which are reflected in Current and Planned Land
Use Activities, WEP Sections 3.3.1 and 3.3.2.
Municipal Sustainability Adaptation Plan (2019)
The 2019 Municipal Sustainability and Adaptation Plan is the employee roadmap to being a
sustainable organization. The City aims to be sustainable and resilient to continue to provide
world-class services and demonstrate excellence and innovation in daily work. With this plan,
the City formally addresses climate adaptation and resilience, to prepare for the future.
City Administrative Policies (2024)
The City’s administrative policies include a section focused on water efficiency which sets out
guidelines including metering and monitoring water use, report and resolve water waste and
leaks, indoor water efficiency upgrades, placing a high priority on water eff iciency in
landscaping, and operating irrigation systems for water efficiency. The policies recognize that
there are City operations and facilities located in various water providers’ service areas within
City limits, each with its own plans and requiremen ts. The policies state that, whenever feasible,
City activity located outside of the City-governed Water Utilities water service area should also
follow Water Utilities guidelines and requirements, including but not limited to, the Water
Efficiency Plan and Water Shortage Action Plan.
Track Water Use Data for City Buildings and Properties (2009)
The Operations Services department tracks and reports building utility usage (water, electricity,
natural gas, and sewer).
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Prioritize Raw Water Sources for Irrigation of City Landscapes
Raw water is used to irrigate the majority of the City’s parks, cemeteries, and golf courses ,
which lowers treatment and operations costs and lowers overall treated water demands .
Irrigation Application Rates Based on Evapotranspiration and Irrigation Audits
Continue using evapotranspiration to guide irrigation application rates on City parks, such that
the irrigation rate is less than the water need based on measured evapotranspiration and
precipitation; perform water audits on parks with an irrigation application rates that exceed
evapotranspiration-based targets.
Landscape Designs Follow Xeriscape Principles and Best Irrigation Practices
Practices include minimizing high -water use turf grasses in areas other than those with high foot
traffic and playing fields, incorporating smart controllers, and installing dedicated irrigation to
trees. City-owned landscapes will also follow all municipal landscape and streetscape codes
such as limits on nonfunctional turf and soil amendment requirements.
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Table 12: Current City of Fort Collins activities and best practices for managing water use and landscapes on City -owned properties and facilities
Fort Collins Efficiency and
Landscape Resilience
Activities
Start
Year
Tracked or
Estimated Annual
Water Savings
(gallons)
Land Use
Integration Area of Impact
System
Water Loss
(Goal 1)
City Treated
Water Use
(Goal 1)
City Landscape
Resilience
(Goal 2)
City Raw
Water Use
Distribution system water loss
audits
1993 -- ✓
Water distribution line survey
and leak repair
2009 700,000 –
1,400,000
✓
Track water use data for City
buildings and properties
2009 -- ✓ ✓
Municipal Sustainability
Adaptation Plan
2019 -- ✓ ✓ ✓ ✓
City Administrative Policies
include water efficiency
2018,
most
recent
update in
2024
-- ✓ ✓ ✓
Irrigation application rates
based on evapotranspiration
and irrigation audits
-- 8,600,000 (for
treated water
irrigation in Water
Utilities service
area)
✓ ✓
Prioritize raw water sources
for irrigation of City
landscapes
-- -- ✓ ✓ ✓
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Fort Collins Efficiency and
Landscape Resilience
Activities
Start
Year
Tracked or
Estimated Annual
Water Savings
(gallons)
Land Use
Integration Area of Impact
System
Water Loss
(Goal 1)
City Treated
Water Use
(Goal 1)
City Landscape
Resilience
(Goal 2)
City Raw
Water Use
Landscape designs follow
xeriscape principles and best
irrigation practices
-- -- ✓ ✓ ✓ ✓
Growing Water Smart
Workshop participation
2018,
most
recent
workshop
in 2024
-- ✓ ✓
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Opportunities for City Organization Water Efficiency, Landscape
Resilience, and Land Use Planning/Development
This section describes opportunities for new actions to lower the City’s treated water use (in
support of Goal 1) and improve landscape resilience (in support of Goal 2), which were
developed through collaborative staff discussions to align with existing needs, practices, and
objectives. Additional information is provided in Table 12.
Increase Pace of Plumbing Retrofits in Municipal Buildings
City best practices include replacing old plumbing fixtures with high-efficiency models when
other changes are made. This strategy involves fast-tracking efficiency upgrades when possible
to more quickly increase water efficiency savings and lower treated water use.
Increased Pace of Distribution Line Leak Repair
Water main lines are regularly inspected for potential leaks. This strategy involves fast-tracking
leak repairs and line replacement for high-risk main line sections to lower physical water loss
following treatment and before customer taps.
Targeted Irrigation-Efficiency Upgrades on City-Owned Properties
Aging or inefficient irrigation infrastructure will be updated or replaced on up to seven City-
owned properties by 2040. This strategy is expected to improve landscape resilience and has
potential to lower either treated or raw water use.
Targeted Turf-to-Xeric Conversions on City-Owned Properties
Non-functional, high-water-use turf will be removed and replaced with water-efficient landscapes
on up to seven City-owned properties by 2040. This strategy is expected to improve landscape
resilience and has potential to lower either treated or raw water use. These projects also have
the potential to incorporate co-benefits such as insect and pollinator habitat and native plant
restorage.
Establish Regular Contact and Information Sharing between Water Providers and PDT Staff
Following the Growing Water Smart Workshop in fall 2024, a team of staff including members
from Water Utilities and PDT have committed to meeting quarterly for an indefinite amount of
time to share data and department information, as well as make progress on action items
identified at the workshop. One of those actions includes developing a half -day workshop in
2025 with the other water providers in Fort Collins to build better partnerships.
Look For Opportunities to Expand Water Conservation’s Role in Development Review Process
This strategy expands the role of Water Conservation during the Development Review process.
Improvements to procedures for post-occupancy monitoring and enforcement include
requesting funding to hire a Zoning Inspector for Water Conservation who would specialize in
landscape design review and inspection and other water efficiency code requirements. Pending
funding approval, the Water Conservation Inspector would serve as a designated representative
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included in the early planning stages of all large scale residential and non -residential
development and redevelopment projects for the purpose of providing information about water
efficiency advantages and opportunities. This could look like using the Wat er Wise Estimator
Tool, promoting WSR incentives, or connecting developers with other technical assistance.
Integrate Water into Strategic Plans and Policies
PDT and Water Utilities staff are committed to working together to include water efficiency in
strategic plans and policies. This includes but is not limited to elevating the importance of water
in the next update to City Comprehensive Plan.
Technical and Financial Support for City Efficiency Projects from Water Conservation
The Water Utilities Water Conservation Division will allocate staff time and a portion of the
annual budget to support water efficiency and landscape resilience project completion on City-
owned properties, as well as water use data tracking and reporting, project planning, cross-
departmental collaboration, and marketing to highlight the City’s efficiency activities and lessons
learned for customer benefit.
Align, Track, and Publicly Display Water Supply and Demand Data Including Municipal Uses
Water Utilities and PDT are working together to identify different ways to track and present
water supply and demand data to support conversations with leadership, elected officials, and
the community, including data visualization for public consumption. This effort also priorit izes
presenting municipal water use publicly to increase visibility and transparency for water use on
city-owned properties and progress toward municipal strategies in the WEP.
Prioritize Dedicated Irrigation to Trees
When landscape or irrigation changes are occurring on existing City landscapes or new
designs, prioritize dedicated irrigation to trees separate from surrounding turf or other
landscapes. Dedicated irrigation valves or zones allows for deeper watering of trees than the
rest of the landscape requires. The City is shifting to dedicated irrigation to trees in anticipation
of a warmer climate in the future. All public Capital Improvement Projects along streets and in
new parks now include dedicated irrigation t o trees. This strategy is expected to improve
landscape resilience and has potential to lower either treated or raw water use.
Use City Properties to Pilot Efficiency Activities
Staff will seek opportunities to pilot efficiency activities on City properties to contribute to City
efficiency efforts and to test and refine strategies before customer participation. Areas of
opportunity include testing commercial water use benchmarking on City -owned office,
recreational, and industrial facilities, as well as irrigation and landscaping efficiency activities.
Update to Municipal Sustainability Adaptation Plan
Water Conservation staff will participate in the future update to the 2019 Municipal Sustainability
and Adaptation Plan, which is the employee roadmap to being a sustainable organization. The
City aims to be sustainable and resilient to continue to provide world-class services and
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demonstrate excellence and innovation in daily work. With this plan, the City formally addresses
climate adaptation and resilience, to prepare for the future.
Support One Water Efforts and Integrated Demand Management Approach
Water Conservation staff will actively participate in collaborative, integrated One Water demand
management activities and will seek opportunities to increase efficiency through operations.
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Table 13: New strategy opportunities for managing water use on City-owned properties and facilities
City of Fort Collins
Efficiency and Landscape
Resilience Strategies
Planned
Start Year
Potential Estimated
Annual Water
Savings (gallons)
Land Use
Integration
Potential Area of Impact
System
Water Loss
(Goal 1)
Municipal
Treated
Water Use
(Goal 1)
Municipal
Landscape
Resilience
(Goal 2)
Municipal
Raw Water
Use
Technical & Financial Support
for City Efficiency Projects
within Water Utilities service
area from Water
Conservation Division
2025 -- ✓ ✓ ✓ ✓
Look for Opportunities to
Expand Water Conservation
Division's role in
Development Process
2025 -- ✓ ✓
Establish regular contact and
information sharing between
Water providers across the
growth management area
and Planning staff
2025 -- ✓ ✓
Integrate Water into Strategic
Plans and Policies
2028 -- ✓ ✓
Support One Water efforts
and integrated demand
management approach
2025 -- ✓ ✓
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City of Fort Collins
Efficiency and Landscape
Resilience Strategies
Planned
Start Year
Potential Estimated
Annual Water
Savings (gallons)
Land Use
Integration
Potential Area of Impact
System
Water Loss
(Goal 1)
Municipal
Treated
Water Use
(Goal 1)
Municipal
Landscape
Resilience
(Goal 2)
Municipal
Raw Water
Use
Prioritize dedicated irrigation
to trees
2026 -- ✓ ✓ ✓
Align, track and publicly
display water supply and
demand data, including
municipal uses
2025 -- ✓ ✓ ✓
Use City properties to pilot
efficiency activities
2028 -- ✓ ✓ ✓
Increase pace of Plumbing
Retrofits in Municipal
Buildings
2027 130,000 - 400,000 ✓
Increased Pace of
Distribution Line Leak Repair
To be
determined
700,000 -1,400,000
(over existing annual
loss reduction)
✓
Targeted Irrigation Efficiency
Upgrades on City-Owned
Properties
2028 275,000+ ✓ ✓ ✓
Targeted turf-to-xeric
conversions on City-Owned
Properties
2028 275,000+ ✓ ✓ ✓
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Item 18.
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136
Appendix E: Glossary
Acre-Foot or Acre-Feet (AF): Volume of water equal to about 326,000 gallons; one acre-foot can
supply around three to four single-unit homes in Fort Collins per year
Active Capacity: Usable capacity of a reservoir for storage and regulation of inflows and
releases that does not include any capacity below the reservoir’s lowest outlet (which is known
as dead capacity/pool)
Allotment: The volume of water a tap can use in a 12 -month period (Dec. 1 – Nov. 30) before
incurring an excess water use surcharge. Allotments only apply to non -residential taps.
Carryover: Ability to save water in storage for use at a later time ; often used in reference to
storage
Climate Change: Long-term shifts in weather patterns including rising temperatures, increased
frequency and intensity of extreme events, and changes in precipitation patterns
Colorado-Big Thompson (C-BT) Project: Bureau of Reclamation project that brings water from
the Colorado River basin to the east side of the continental divide via a system of tunnels and
reservoirs; operated by Northern Water
Conservation : Water savings through behavior (e.g., choosing to take a shorter shower). For
simplicity and consistency with the division name, the term “efficiency” is used throughout this
WEP to refer to both behavioral and technology -based water demand management; however, in
practice, efficiency generally refers to technology -based solutions (e.g., a high -efficiency
showerhead), while efficiency focuses on the water savings through behavior (e.g., choosing to
take a shorter shower).
Efficiency Strategies: Actions such as policies, programs, incentives, and education that
promote water efficiency
Demand Management: Extension of water supplies through activities that reduce water
demands, lower losses and inefficiencies, or substitute alternative supplies such as reuse.
Direct Flow Right: Water rights under prior appropriation taken directly from the surface stream
and used immediately for beneficial use.
Drought: Period of below average runoff that can last one or more years and is often measured
by its duration, average annual shortage and cumulative deficit below the average .
Drought Criterion: Criterion adopted in the current WSDMP that defines the level of risk for the
City’s water supply system. The drought criterion states that in a 1 -in-50 year drought the Water
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Utilities should be able to meet the planning demand level. A 1-in-50 drought corresponds to a
dry period that is likely to occur, on average, once every 50 years .
Efficiency: Water savings through technology-based solutions (e.g., a high-efficiency
showerhead)
Evapotranspiration (ET): Water lost from the soil through evaporation from the soil surface and
transpiration from the leaves of the plant; affected by temperature, relative humidity, wind and
air movement, soil moisture availability, and type s of plant
Firm Yield: Measure of the ability of a water supply system to meet water demands through a
series of drought years
Growth Management Area (GMA): Planned boundary of the City of Fort Collins’ future city limits
Gallons per Capita per Day (GPCD): Measurement of municipal water use; for Water Utilities,
GPCD is calculated based on the total annual treated water produced at the Water Treatment
Facility for use by all Water Utilities water customers (minus large contractual customers and
other sales or exchange agreements) divided by the estimated population of the Water Utilities
service area and 365 days
Infrastructure Leak Index (ILI): Ratio that compares the water loss volume to the unavoidable
annual real losses for a system. A ratio of 1.0 indicates that the utility has reduced losses to the
lowest level theoretically possible, given its annual average water pressure.
Light Detection and Ranging (LiDAR): Remote sensing technology that can be used in large -
scale landscape analysis
Northern Colorado Water Conservancy District (Northern Water): Organization that maintains
the Colorado-Big Thompson (C-BT) Project and several other regional water projects
North Poudre Irrigation Company (NPIC): Irrigation company that supplies water to farmers
north of Fort Collins; currently owns all water stored in Halligan Reservoir
Planning Demand Level: Reference water demand used for water supply planning purposes
Return Flow Obligation (RFO): Legal requirement to mimic the historical return of water to a
river basin after the official water use has been changed in court
Senior Water Rights: Water rights that have high priority in a river basin relative to Colorado’s
prior appropriation system
Storage Reserve Factor (SRF): Commonly-used engineering principle in designing water supply
systems to address short-term supply interruptions; the current SRF from the WSDMP
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mandates having 20 percent of annual demands in storage through a 1-in-50 drought, which
equates to about 3.5 months of winter (indoor) demands or 1.5 month of summer demands
Data Validity Score: Unitless measurement indicating confidence in the audit input data
Treatable Yield: Amount of water that can be diverted each year after deductions from legal,
natural, and operational factors
Water Loss/Connection/Day: Metric used to scale total apparent and real losses based on
accounts served; does not indicate an actual loss of water at an individual tap
Water Rights Portfolio : Collection of water rights owned by a water provider
Water Supply and Demand Management Policy (WSDMP): Document that guides Water
Utilities’ efforts in balancing its water resources
Water Supply Requirement (WSR): Condition set by Water Utilities for new development;
developers must provide water rights or cash-in-lieu of water rights to support the water needs
of their developments
Winter Quarterly Average (WQA): Average of water demands in the winter months (December –
February)
Yield: Amount of water that is produced from a water right
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Item 18.
File Attachments for Item:
19. Resolution 2025-081 Approving Participation in the Settlement with An
Additional Opioid Defendant, Purdue, and a Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the
Colorado Opioids Settlement with Purdue by granting approval to sign an additional participation
agreement and waiver of claims for opioid-related damages. This is in follow-up to prior
approvals of settlements with multiple other opioid defendants, negotiated through national
settlement efforts coordinated through the State of Colorado.
Page 404
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
SUBJECT
Resolution 2025-081 Approving Participation in the Settlement with An Additional Opioid
Defendant, Purdue, and a Related Waiver of Claims.
EXECUTIVE SUMMARY
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado Opioids
Settlement with Purdue by granting approval to sign an additional participation agreement and waiver of
claims for opioid-related damages. This is in follow-up to prior approvals of settlements with multiple other
opioid defendants, negotiated through national settlement efforts coordinated through the State of
Colorado.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Through extensive negotiations, local governments and the Colorado Attorney General’s Office negotiated
a Memorandum of Understanding (MOU) to govern how opioids settlement funds will be allocated in
Colorado, to maximize recovery from the variety of lawsuits filed by the state and local governments across
the nation along with the Subdivision Settlement Participation Forms.
To date, Colorado is on track to receive over $880 million in opioids settlement funds, including $75 million
from the proposed Purdue settlement. However, the amount the State recovers from the settlements is
determined in part by the rate of participation of local governments, including both cities and counties, in
the settlement agreement.
More information about the State of Colorado settlements and framework for distribution and use of the
settlement funds can be found at: https://coag.gov/opioids/ .
• The Colorado framework allocates to participating local governments 20% of the total settlement funds.
• The framework allocates 60% of the settlement funds to 19 regional opioid abatement councils to be
distributed for eligible projects.
o Larimer County is one of the regions that receives and then distributes the regional funds.
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Item 19.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
o The Larimer County Regional Opioid Abatement Council has received applications for and allocated
approximately $5.5 million for 2022-2024.
o The City had designated Beth Yonce, Social Sustainability Director, to serve as its representative
on the Council. In Resolution 2022-055, City Council authorized the City Manager to modify and
make subsequent appointments to this role. Assistant City Manager Rupa Venkatesh has served
as the alternate representative for the City and the City Manager has now designated her to replace
Ms. Yonce as the lead representative for the City.
o More on the Larimer County Regional Opioid Abatement Council can be found at:
https://www.larimer.gov/bocc/regional-opioid-abatement-council#/list/.
• The framework allocates 10% of the settlement proceeds to an Infrastructure Fund that is allocated by
the Colorado Opioid Abatement Council.
• The framework allocates 10% of the settlement proceeds to the State of Colorado, managed by the
Colorado Department of Law.
In 2021, Council adopted Resolution 2021-113, approving participation in the Colorado Opioids Settlement
and authorizing execution of related agreements. In 2022, Council adopted Resolution 2022-055,
authorizing the execution of an intergovernmental agreement (IGA) regarding regional opioids settlement
implementation and designating a representative to the Larimer Regional Opioid Council.
On March 21, 2023, Council adopted Resolution 2023-028, authorizing the execution of participation
agreements and waivers of claims for the City to participate in the additional settlements negotiated on
behalf of the State of Colorado and participating local governments with opioid defendants Teva, Allergan,
Walmart, CVS and Walgreens.
Most recently, on August 20, 2024, Council adopted Resolution 2024-096, authorizing the execution of
participation of agreements and waivers of claims for the City to participate in additional settlements
negotiated on behalf of the State of Colorado and participating local governments with opioid defendants
Kroger.
CITY FINANCIAL IMPACTS
By approving the settlements from this additional defendant (Purdue), the City and the Larimer County
region stand to receive an undetermined amount over a period of fifteen years. The State will not know the
full amount to be received by the State and allocated until all communities that choose to participate have
formalized their participation. The total amount over the fifteen-year period of the settlement with Purdue
nationwide is $7.4 billion and the total amount the State of Colorado is expected to receive from Purdue is
around $75 million.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Resolution 2025-081
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Item 19.
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RESOLUTION 2025-081
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING PARTICIPATION IN THE SETTLEMENT WITH AN
ADDITIONAL OPIOID DEFENDANT, PURDUE, AND A RELATED
WAIVER OF CLAIMS
A. Communities throughout the State of Colorado, including the City of Fort
Collins (“City), are suffering from an epidemic of opioid addiction.
B. The opioid epidemic has not only affected individuals and families across
the country, but it has also burdened the local and state governments charged with
providing the services needed to address the wave of addiction.
C. Local and state governments across the nation, including in Colorado, have
filed lawsuits against opioid manufacturers, distributors, and pharmacies for creating the
opioid epidemic.
D. The parties to the various opioid lawsuits have been negotiating settlement
agreements to resolve the litigation which include incentive payments for maximizing
participation by local governments.
E. Through extensive negotiations, local governments and the Colorado
Attorney General’s Office negotiated a Memorandum of Understanding to govern how
opioids settlement funds will be allocated in Colorado, to maximize recovery from the
variety of lawsuits filed by the state and local governments across the nation (“MOU”),
along with the Subdivision Settlement Participation Forms to address opioid defendants
Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson .
F. On December 7, 2021, the City Council approved Resolution 2021-113,
approving participation in the Colorado Opioids Settlement and authorizing execution of
related agreements, which were signed and submitted to the Colorado Attorney General
in December 2021.
G. On May 3, 2022, the City Council approved Resolution 2022 -055,
authorizing the execution of an intergovernmental agreement regarding regional opioids
settlement implementation (“IGA”) and designating a City representative to the Larimer
Regional Opioid Council. Resolution 2022-055 appointed Social Sustainability
Department Director, Beth Yonce, as the City’s representative to the Larimer Regional
Opioid Council until such time as the City Manager designates a different City
representative. Assistant City Manager Rupa Venkatesh has served as the alternate
representative and will replace Ms. Yonce as the City Manager’s appointee.
H. The City entered into the IGA and it has since been amended to add
participation by the Town of Estes Park, pursuant to City Council’s Resolution 2023-011,
adopted on January 17, 2023.
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Item 19.
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I. On March 21, 2023, the City Council adopted Resolution 2023-028,
approving additional settlements with opioid defendants Teva, Allergan, Walmart, CVS
and Walgreens.
J. On August 20, 2024, the City Council approved Resolution 2024-096
approving additional settlements with opioid defendant Kroger.
K. A national settlement has now been negotiated on behalf of the State of
Colorado and participating local governments with additional opioid defendant, Purdue,
and the City may participate in th is settlement and receive settlement payments by
executing a participation form for this opioid defendant, including an associated waiver of
claims.
L. The City desires to participate in the Colorado opioids settlement to
increase recoveries for Colorado government entities and so the City is eligible to receive
settlement funds to be used for approved purposes to abate the opioid epidemic as
defined in the MOU for the benefit of the residents of the City.
M. Accordingly, the City Council desires to approve participation in the Purdue
settlement and authorize execution of a Purdue participation form consistent in content
with the sample form attached to this Resolution as Exhibit A and incorporated herein by
this reference.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council approves the City’s participation in the Purdue
settlement.
Section 2. The Mayor is authorized and directed to execute on behalf of the City
a participation form consistent with this Resolution and in a final form recommended and
presented by the City Manager and approved by the City Attorney.
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Item 19.
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Passed and adopted on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 2, 2025
Approving Attorney: Jenny Lopez Filkins
Exhibit: Exhibit A – Participation Form
Page 409
Item 19.
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: Fort Collins city State: CO
Authorized Signatory: /officialname_purdue/
Address 1: /address1_purdue/
Address 2: /address2_purdue/
City, State, Zip: /cit_pd//state_pd//zi_pd/
Phone: /phone_purdue/
Email: /email_purdue/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the “Agreement”)1, and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1.The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804,
the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in the form found at https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Agreement
solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as and to the extent provided in, and for resolving disputes to the extent provided in, the
1 Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
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Item 19.
Agreement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Agreement.
7.The Governmental Entity has the right to enforce the Agreement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Agreement, including without limitation all provisions of Article 10
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action, including, without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to
which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is
otherwise a legally relevant factor (each such release, as it pertains to the Shareholder
Released Parties, the “Shareholder Released Claims”, and as it pertains to the Released
Parties other than the Shareholder Released Parties, the “Released Claims”). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors (whether or not such party has brought such action or proceeding) in
any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9.As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term “Shareholder Released
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Item 19.
Claims” and “Released Claims”) are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be a
complete bar to any Shareholder Released Claim and Released Claims.
10.To the maximum extent of the Governmental Entity’s power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12.In connection with the releases provided for in the Agreement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
§1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her, would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the Agreement.
13.Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of, or bar against, liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14.Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
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I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:/signer_1_purdue/
Name:/name_1_purdue/
Title:/title_1_purdue/
Date:/date_1_purdue/
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Item 19.
File Attachments for Item:
Staff Report: Access Fort Collins Demonstration.
The purpose of this item is to provide a demonstration of the Access Fort Collins platform.
Page 414
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Amanda King, Chief Communications and Engagement Officer
SUBJECT
Staff Report: Access Fort Collins Demonstration.
EXECUTIVE SUMMARY
The purpose of this item is to provide a demonstration of the Access Fort Collins platform.
ATTACHMENTS
1. Presentation
Page 415
Headline Copy Goes Here
Amanda King
Chief Communications Officer
Access Fort Collins –Application Demo
Page 416
Headline Copy Goes Here
2
Access Fort Collins
Ways to Connect
•Desktop (fcgov.com/accessfortcollins)
•Mobile App (Apple & Android)
New Features
•Streamlined interface
•View nearby requests
•Enhanced monitoring dashboard and
metrics for staff
Page 417
Headline Copy Goes HereDashboard
3
Page 418
Headline Copy Goes Here
4
Metrics
Page 419
Headline Copy Goes Here
Questions?
5
Page 420
File Attachments for Item:
20. Second 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.
This Ordinance, adopted on First Reading on August 19th, 2025, by a vote of 6-1 (Nay:
Gutowsky), supports the Civic Assembly’s recommendations presented to Council on May 27,
2025, and adds additional specification to those recommendations.
Page 421
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Project and Policy Manager
SUBJECT
Second 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
This Ordinance, adopted on First Reading on August 19th, 2025, by a vote of 6-1 (Nay: Gutowsky),
supports the Civic Assembly’s recommendations presented to Council on May 27, 2025, and adds
additional specification to those recommendations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
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;
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 5
Outdoor education and interpretation should be included;
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 provide 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
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 5
funding allow;
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.
SECOND 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;
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.
During the first reading of the Ordinance during the August 19 Council meeting, wildlife conservation and
wildlife rescue were added to the language. 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 provide e nvironmental education
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City Council Agenda Item Summary – City of Fort Collins Page 4 of 5
and wildlife conservation partnership opportunities, to include but not be limited to wildlife rescue and
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;
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.
Also based on Council feedback, Council will consider referring the Ordinance as a ballot measure at the
September 2 Council meeting.
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 were included in the Council packet on August 14.
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.
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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
First Reading attachments available in August 19, 2025, agenda materials at the following link:
https://fortcollins-co.municodemeetings.com/.
1. Ordinance No. 141, 2025
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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.
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Item 20.
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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 and wildlife conservation partnership
opportunities, to include but not be limited to, wildlife rescue and
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
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Item 20.
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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 429
Item 20.
File Attachments for Item:
21. Resolution 2025-082 Referring 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 to a Vote of the Registered Electors of
the City at the Next Regular General Election on November 4, 2025.
This item has been amended to include 6 protests received on September 1, 2025, before the
noon deadline.
The purpose of this item is to refer Ordinance No. 141, 2025, relating to the recommendations
of the Civic Assembly for the use and management of the Hughes Stadium Site, to the
November 2025 ballot.
Pursuant to Section 7-156 of the City Code, any registered elector desiring to protest the
proposed ballot title or submission clause for this item, must file such protest with the City Clerk
no later than noon on Monday, September 1, 2025. The form and additional information on how
to file a protest is located at this link: fcgov.com/elections/ballot-title-protest.
Because this date falls on a holiday:
By Email: Protests may be emailed to cityclerk@fcgov.com by the noon deadline on September
1.
In Person: Protests intended for in-person delivery may be submitted by 5:00 p.m. on Friday,
August 29 or an appointment may be scheduled for the September 1 holiday by contacting 970-
221-6515 before 5:00 p.m. on August 29.
If a protest is filed, a hearing on the protest will be added to the agenda item and will take place
before City Council adopts the Resolution setting the ballot title and submission clause.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
September 2, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Policy and Project Manager
SUBJECT
Resolution 2025-082 Referring 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 to a Vote of the Registered Electors of the City at the Next
Regular General Election on November 4, 2025.
EXECUTIVE SUMMARY
This item has been amended to include 6 protests received on September 1, 2025, before the noon
deadline.
The purpose of this item is to refer Ordinance No. 141, 2025, relating to the recommendations of the Civic
Assembly for the use and management of the Hughes Stadium Site, to the November 2025 ballot.
Pursuant to Section 7-156 of the City Code, any registered elector desiring to protest the proposed ballot
title or submission clause for this item, must file such protest with the City Clerk no later than noon on
Monday, September 1, 2025. The form and additional information on how to file a protest is located at this
link: fcgov.com/elections/ballot-title-protest.
Because this date falls on a holiday:
By Email: Protests may be emailed to cityclerk@fcgov.com by the noon deadline on September 1.
In Person: Protests intended for in-person delivery may be submitted by 5:00 p.m. on Friday, August 29 or
an appointment may be scheduled for the September 1 holiday by contacting 970-221-6515 before 5:00
p.m. on August 29.
If a protest is filed, a hearing on the protest will be added to the agenda item and will take place before City
Council adopts the Resolution setting the ballot title and submission clause.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
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
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
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?”
In 2021, voters approved a ballot measure related to the Hughes Stadium Site. As a reminder, the voter -
approved 2021 ballot measure is as follows:
“Shall the City enact an ordinance requiring the City Council of the City of Fort Collins to immediately rezone
upon passage of the ordinance a 164.56-acre parcel of real property formerly home to the Hughes Stadium
from the Transition District to the Public Open Lands District, and requiring the City to acquire the property
at fair market value to use said property for parks, recreation, and open lands, natural areas, and wildlife
rescue and restoration, and further prohibiting the City from de- annexing, ceasing acquisition efforts or
subsequently rezoning the property without voter approval of a separate initiative referred to the voters by
City Council, and granting legal standing to any registered elector in the City to seek injunctive and/or
declaratory relief in the courts related to City noncompliance with said ordinance?”
Based on Council feedback from the May 27 and July 8, 2025, Work Sessions and the August 19, 2025,
Council regular meeting, staff is proposing the following ballot language for consideration.
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 “Council-
Adopted Ordinance”), was adopted by the City Council on September 2, 2025, and differs from the Citizen-
Initiated Ordinance on the November 2025 ballot (which would require 100% of the Hughes Site to be
designated as a City Natural Area) by:
requiring multi-use development and management for the approximately 165-acre Hughes Site;
requiring the City to consult with Native American tribes and the Indigenous community throughout the
process;
requiring site plans to feature native and xeric vegetation and a naturalistic architectural palette, and
include the following new amenities for the Hughes Site:
o a City natural area, up to 60 acres;
o dedicated space and facilities for environmental education and wildlife conservation, to include
wildlife rescue and rehabilitation, up to 30 acres;
o a trail system throughout the site connected to nearby City natural areas and parks;
o a City park with a community bike park up to 35 acres, a community gathering area and appropriate
related facilities;
including continuing existing uses, such as disc golf and winter sledding; and
requiring the City to manage these uses over time as planning, design and funding allow, in accordance
with regular City planning and review processes, and consistent with the Public Open Lands zoning.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Shall the Council-Adopted Ordinance for multi-use of the Hughes Site be approved?
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
During their regular meeting on July 23, 2025, the Land Conservation and Stewardship Board
recommended that Council not adopt the Civic Assembly recommendations and Council not refer the
Resolution to the ballot. The Board minutes were included in the August 14, 2025, Council packet.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Protest – Babbit
2. Protest – Dubiel 1 et al
3. Protest – Dubiel 2 et al
4. Protest – Farnsworth et al
5. Protest – Patterson
6. Protest - Rosas
7. Presentation
8. Resolution 2025-082
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Item 21.
__Az
REC’D BY CITY CLERK
For City Clerk’s Use Only:Date Filed:
Return this completed form to:
City Clerk’s Office,300 LaPorte Avenue,Fort Collins,CO 80521,or email to citvclerk@fcgov.com
NOTICE OF BALLOT TITLE AND/OR SUBMISSION CLAUSE PROTEST
rotestor In ormation*:Name,address,telephone number(s),and email address of the protestor (who must be a registered electo
Name:Patricia K.Babbitt Phone #:970-581-1827
Address:309 Scoff Aye,Fort Collins 80521 I Email:chaang61@gmail.com
Date of Proposed CityProtesto?s Signature:
~Council Action:09/02/2025
GROUNDS FOR PROTEST
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Item 21.
Protest of Proposed Ballot Title and/or Submission Clause (as permitted under Municipal Code Section 7-156).
Title of Ordinance or Resolution being protested:
RESOLUTION NO 2025-082 REFERRING 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 TO A VOTE OF THE REGISTERED ELECTORS
OF THE CITY ATTHE NEXT REGULAR GENERAL ELECTION ON NOVEMBER 4,2025.
The Grounds of the Protest (with particularity):
The intent of the original Hughes initiative was to keep
Hughes as a protected OPEN SPACE.The Citizen
Assembly recommendations to divide the OPEN
SPACE into parcels “not to exceed”60 acres (Natural
Area),30 acres (environmental education/wildlife
conservation),35 acres (bike park)and an unspecified
amount of acreage for “supporting facilities,including
restrooms,shade structures,trash collection,and
parking have been presented in such a way as to allow
the City free reign of the Hughes parcel and should not
be approved.
(Attach additional sheets as necessary)
A protest of proposed ballot title and/or submission clause,in accordance with Section 7-156,must be
filed with the City Clerk no later than noon on the Monday immediately preceding the date upon which
the City Council will consider the ordinance on First reading,or resolution,setting the ballot title and
submission clause.
lf more than one protestor,please provide the name,address,telephone number(s),email address,and signature of
each protestor on the back of this form or on additional sheets.
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Item 21.
Protest of Ballot Title and Submission Clause included in Resolution 2025-082
Submitted by Kathryn Dubiel, registered elector of Fort Collins
The basis of this protest is the inconsistency in words used to describe the role and use of the
Hughes site by the Indigenous members of our community.
The changing use of words makes the reader question what the Indigenous community can
assert as their role and use of the land without having to make a legal challenge. Tracing the
changing word usage suggests that the City Council is not making a commitment to the
Indigenous community commensurate with the Recommendations of the Civic Assembly. .
The Final Report of the Civic Assembly delivered to the City Council at the May 27, 2025 work
session references Indigenous roles and uses multiple times and shows the Civic Assembly’s
intention to have the Indigenous community play a key role in the site’s development and use.
The Concept of Indigenous use received 100% support as well as the Minor Element of
consultation with indigenous leaders to plan for the twin Cottonwoods. The delegates regarded
no other group’s use or involvement in planning as highly.
Part 1. Supermajority Recommendations – Concepts
Bullet #1 Indigenous use (100% support)
Bullet #3 Indigenous groups should be consulted in each step of the development of the entire
property (95% support)
Bullet #10 Designate a portion of the site for cultural/educational opportunities with emphasis
on indigenous voices (79% support)
Part 1. Supermajority Recommendations – Major Uses
Bullet #3 A portion of the site set aside to educate and inform about the historical and cultural
practices of indigenous people (89% support)
Explanatory text added by Healthy Democracy consultants and included with post-Civic
Assembly revised report 5/9/2025: Outreach to indigenous groups would better inform site
development.
Bullet #4 Multi-use center for public gatherings, wildlife rehabilitation (i.e. wildlife hospital
facility), learning and education, and Indigenous cultural representation (79% support)
Part 1. Supermajority Recommendations – Minor Elements
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Item 21.
Bullet #2 Local indigenous leaders should be consulted regarding the use and preservation of
the twin Cottonwood trees on the site (100% support)
Civic Assembly rated the Indigenous community’s interests
The Council’s Ordinance No. 141, 2025 paints a different picture. The Recitals reflect the tone
of the Civic Assembly with strong, supportive, inclusive and wording:
Recital D (b) Include Indigenous/Native American consultation, and provide support and
opportunities for Indigenous communities
Recital D (e) Include a multi-use center for public gatherings, wildlife rehabilitation . . . and
Indigenous cultural representation
Recitals rated the Indigenous community’s interests
Compare how the Enacting Clause weakens the language:
Enacting Clause #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;
Enacting Clauses rated the Indigenous community’s interests
Note that it’s the Enacting Clauses (BE IT ORDAINED) that are key to the adopted law and its
enforcement. As in the case of the 2021 Citizen-Initiated Ordinance for Keeping Hughes Open
Space, the Recitals did not carry the weight that the Enacting Clauses did unless brought to
adjudication in the Courts. The Indigenous community would not have grounds to enforce the
Civic Assembly’s Recommendations nor the commitments mentioned in the Recitals without
engaging the City in a legal challenge on legislative intent.
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Item 21.
Finally, compare the wording used in the Submission Clause.
The voter will read stronger words in the Submission Clause than are used in the Enacting
Clause (BE IT ORDAINED). The Submission Clause should not mislead the voter nor
misrepresent the fact that a weaker word, ENDEAVOR, is used in the Enacting Clause.
Submission Clause
Bullet #2 “requiring the City to consult with Native American tribes and the Indigenous
community throughout the process”
100% support of the Concept for indigenous use
95% support for consulting at each step of development on the entire property
79% designate a portion of the site for use with an emphasis on indigenous voices
89% a portion of the site set aside
79% support for a Multi-use center that includes Indigenous cultural representation
100% support for being consulted regarding the use and preservation of twin cottonwood
trees that have significance to the Native People
Recitals: include and provide
Enacting Clause: ENDEAVOR
Voter-facing Submission Clause: requiring the City to consult with Native American tribes and
the Indigenous community throughout the process
The remedy sought is to present the voter with a word similar to ENDEAVOR so that they will
not be misled. The Submission Clause should not differ so significantly from the Ordinance.
Additionally while three major uses have been named and have been designated with “up to”
acreage sizes, the set aside for indigenous people’s use of the site is not one of those three. See
the Concepts and Major Use Supermajority Recommendations of the Civic Assembly. If Council
members want to use the Civic Assembly as the basis for this multi-use plan, then the Council
should include a major use “set aside” for the Indigenous community’s use.
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The grounds of this protest of Resolution 2025-082 Submission Clause are that elements of the
presentation of information for the voters is not clear and is misleading.
First Instance
Before the Council-Referred Ordinance is presented in detail by the Submission Clause, the
voter reads a confusingly worded comparison of the Council-Referred Ordinance to the “Citizen-
Initiated Ordinance on the November 2025 ballot.” The Citizen-Initiated Ordinance is then
described parenthetically. The Citizen-Initiated Ordinance is not identified with a number even
though there are two Ordinances put on the ballot by Citizen Initiative.
What is the purpose for the Submission Clause to create this comparison before the voter reads
anything further?
The Submission Clause is required to be a clear statement of the Enacting Clause of the
Council’s Ordinance for the voter’s consideration. Yes, the two Ballot Measures are competing
but to create this as a starting point for the Submission Clause is misleading. It might lead a
voter to misunderstand that if they vote in favor of the first on the ballot, they can’t vote in
favor of the other.
Remedy sought: If the intention of the Council is to point out that the two ordinances can’t
both take effect, then state it that way. And put it below the Submission Clause as a disclaimer
like it appears in the Resolution.
Second Instance
The third bullet point provides a brief presentation of the site plan concepts and identifies four
“new amenities.” The first one listed is a City natural area, up to 60 acres, followed by space
and facilities for environmental and wildlife purposes, up to 30 acres, a trail system, and a City
park with community bike park up to 35 acres . . . and appropriate related facilities.
The order of these “new amenities” does not give the voter a vision of what will be significant
changes. The property is currently without any structures or any type of development impact.
Listing the City natural area first may mislead the voter from considering that the multi-use plan
has uses that are far different from what exists at the Hughes site now. Listing these
development-oriented new amenities first makes sense because of the way the character of the
site will change. Listing the City natural area first and with an “up to 60 acres” size potentially
makes the voter view the multi-use new amenities with a feeling that the plan “balances” out.
The development-dependent uses such as the bike skills park and the facilities for the
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Item 21.
environmental and wildlife campus as well as the parking lots, shelters, restrooms and paving
and concrete surfaces have a significant impact on the overall site even with a portion for use as
a Natural Area. These new amenities listed now as #2 and #4 should be listed as #1 and #2 with
the Natural Area being listed as #4.
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//
For City Clerk’s Use Only:Date Filed:REC’D aWitI~3V CLERK
Return this completed form to:SEPi’25p~~i1O:~5
City Clerk’s Office,300 LaPorte Avenue,Fort Collins,CO 80521,or email tocityclerk@fcgov.com
NOTICE OF BALLOT TITLE AND/OR SUBMISSION CLAUSE PROTEST
Protestor Informationt:Name,address,tele hone number(s),and email address of the protestor (who must be a registered elector)
Name:Phone #:Thomas Farnsworth 970-213-1822
Address:Email:
2707 Dixon Creek Lane Fort Coins CO 80526 farns2707@msn.com
Protestor’s
Signature:~‘c~~~44~/hø1 Date of Proposed :~aozS.—City Council Action
GROUNDS FOR PROTEST
Protest of Proposed Ballot Title and/or Submission Clause (as permitted under Municipal Code Section 7-156).
Title of Ordinance or Resolution being protested:
Ordinance #141,2025 Expressing Support for the Recomendations of the Civic Assembly And Adopting
a Conceptual Framework for the use and Management of the Hughes Stadiun Site.
The Grounds of the Protest (with particularity):
Protest is centered on Council failing to apply clear and consistent terminology in documenting their
application of Civic Assembly recomendations,resulting in faulty and misleading statements and
treatment of electors and of recomendations of the Civic Assembly.
(Attach additional sheets as necessary)
A protest of proposed ballot title and/or submission clause,in accordance with Section 7-156,must be
filed with the City Clerk no later than noon on the Monday immediately preceding the date upon which
the City Council will consider the ordinance on First reading,or resolution,setting the ballot title and
submission clause.
*lf more than one protestor,please provide the name,address,telephone number(s),email address,and signature of
each protestor on the back of this form or on additional sheets.
Page 473
Item 21.
Protest of Ordinance #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.
Tom Farnsworth
2707 Dixon Creek Lane
Fort Collins CO 80526
9/1/25
To:CityClerk
City of Fort Collins
300 La Porte Ave
Fort Collins CO 80521
RE:Ballot Protest —Ordinance #141,2025 Expressing Support for the Recomendations of
the Civic Assembly and Adopting a Conceptual Framework for the use and Management of
the Hughes Stadium Site.
I Thomas Farnsworth,a registered elector of the City of Fort Collins,hereby file this written
protest pursuant to Colorado Law and the Fort Collins City Charter.
Identification of the Ballot Measure/Petition:Ordinance #141,2025 Expressing Support for
the Recomendations of the Civic Assembly and Adopting a Conceptual Framework for the
use and Management of the Hughes Stadium Site.
Filing Date -9/1/2025
Grounds for protest.I respectfully protest the sufficiency of this ballot issue on the
following grounds.
1.June 11,2024—Fort Collins City Council Work Meeting.Council went to great
lengths to clearly define recreation,wildlife rescue and restoration,natural areas,
parks -terms on the 2021 Hughes ballot —explained to me by Councilmember
Potyandy as a fair way to clearly understand what the writers of the ballot really
intended as the purpose for the Hughes property.Exact terminology was essential
in this dissecting of that ballot terminology -explained to me as a fair process for
citizens,in order to determine the precise intent and provisions of the ballot words.
Page 474
Item 21.
2.July 8,2025 Fort Collins City Council Working Meeting.In discussion of how to deal
with highly rated (supermajority)recommendations from the Civic Assembly,
Councilmember Ohlson introduced a discussion on a supermajority rated area —
‘WiLdlife Rescue and Rehabilitation’.He introduced the term “EnvironmentaL
Education Partnership,saying that these two terms were cLosely associated and
that ‘EnvironmentaL Education and Partnership’couLd be conveniently included
(optionaLly)on the Supermajority list,aLong with WiLdlife Rescue and RehabiLitation,
and included in the baLlot to be voted on this November.
3.July 8,2025 Fort Collins City Council Working Meeting.In a continued discussion
about Supermajority Items for the ballot,Mayor Pro Tem Francis informed attendees
that,while the activity called ‘Bike Park’was rated Less than 50%by the Civic
Assembly,since it had been mentioned along with other activities in discussions of
the multiuse ‘recreation”alternative in discussion that “Bike Park”should be
included on the list of Ballot items for November,i.e.should be elevated from under
50%approval to supermajority status (from ‘may’to a more certain status,as she
framed it).
4.In discussions w/Ms Potyandy subsequent to that 2024 work session,I tried to
explain the intent of the petition for the purchase of the Hughes property —that it be
preserved as a unique,one-of-a-kind property,as part of a range of Natural Areas.I
was told repeatedly (as were many others)that writers should clearly define the
intent of their initiative,and if,for example,the group really wanted a Natural area,
that was what the ballot should have clearly stated.At this point it only made sense
for Council to explore in their work sessions what was allowed by those precise
ballot words.
Relief requested:Considering the disparate and inconsistent terminology
employed by some Council Members (reflected above)and its inclusion on the 2025
ballot and in related public discussions,the clear and concise recommendations of
the Citizen Assembly (and Council’s own considerations)are being skirted.Any
ballot developed by City Council must exhibit the same precision as they applied to
the last Hughes election results -City Council should be compelled to include only
the exact terminology,categories and activities employed by the Civic Assembly
Supermajority recomendations.Claims that other items were associated with or
otherwise considered by Council members as linked to Supermajority items should
be identified and discarded.Council suggestions and claims to those associations
Page 475
Item 21.
and their inclusion on a ballot for citizen voting cannot override the precise
recommendations of the Civic Assembly as originalty endorsed by Council.These
specific findings and recommendations clearly announce to the electorate in the
title of this Ordinance that supermajority recommendations cannot be
compromised,especially by their elected representatives.Any ballot statement or
other public information that does otherwise must be publicly invalidated,removed,
and not certified for the election.Thank You.
Page 476
Item 21.
I am a Fort Collins eLector adding my name as co-signer to the protests tiled by Fort Collins
electors on or before the flUng deadline on September 1,2025 that address
Resolution 2025-082 specificaLLy the Proposed Ballot TitLe and Submission Clause.This is
Item 21 on the September 2,2025 City CounciL meeting agenda.
Name RobertFLasala
Address 7109 Housmer Park.Dr Fort Collins,Co 80525
Phone number (303)249-2817
Email address bob.lasala@icloud.com
Signature —Robert LaS&a (Sep 1.,2025 07:15:58 GMT+3,
09/01/2025
Page 477
Item 21.
I am a Fort Collins elector adding my name as co-signer to the protests tiled by Fort Collins
electors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specificaLly the Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2,2025 City Council meeting agenda.
Name Carlos Bonilla
Address 3013 Eindborough Drive,Fort Collins,CO 80525
Phone number 970-443-4247
Email address debussyscat@gmail.com
Signature C&’1~0S tOfll’lla
CarloseonIIa fAug3l.2025 fl:4O:4~MOTI
08/31/2025
Page 478
Item 21.
I am a Fort ColLins elector adding my name as co-signer to the protests tiled by Fort CoLLins
electors on or before the filing deadLine on September 1 •2025 that address
Resolution 2025-082 specificaLly the Proposed BaLlot Title and Submission Clause.This is
Item 21 on the September 2,2025 City CounciL meeting agenda.
Name Charles Kopp
Address 501 Hanna St.,Fort Collins,CO 80521
Phone number 970-872-8597
Email address charleskoppOl@gmail.com
Signature C~zw1eS KDpp
Charles Kopp jAug 31.202 19 124 M~T~
08/31/2025
Page 479
Item 21.
I am a Fort Collins elector adding my name as co-signer to the protests filed by Fort Collins
electors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specifically the Proposed Ballot Title and Submission Clause.This is Item
21 on the September 2,2025 City Council meeting agenda.
Name Dianna Murphy
Address 2500 Leghorn Dr Fort Collins Co 80526
Phone number 9708466933
Email address seaofcortez16@gmail.com
Signature diaMa
dia,v,a murphy 1Aug31 20 18.1 3 MOP
08/31/2025
Page 480
Item 21.
I am a Fort Collins eLector adding my name as co-signer to the protests filed by Fort Collins
electors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specificalLy the Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2.2025 City Council meeting agenda.
Name Guadalupe Sandoval
Address 3220W.Prospect Rd
Phone number 970-988-6417
Email address nurseloop@gotmail.com
Signature Guadalupe Sandoval (Aug 31.202519:31:36 MDT.
08/31/2025
Page 481
Item 21.
I am a Fort Collins eLector adding my name as co-signer to the protests filed by Fort Collins
electors on or before the filing deadline on September 1 •2025 that address
ResoLution 2025-082 specifically the Proposed BalLot Title and Submission Clause.This is
Item 21 on the September 2,2025 City CounciL meeting agenda.
Name Holly J Young
Address 2207 Kiowa Ct
Phone number 970-691-0895
Email address holly080459@gmail.com
Signature 1/oU~i Yowij
Holly Voun Aug31 202 1-29:02 M0
Page 482
Item 21.
I am a Fort Collins elector adding my name as co-signer to the protests filed by Fort ColLins
electors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specifically the Proposed BalLot Title and Submission Clause.This is
Item 21 on the September 2,2025 City Council meeting agenda.
Name Janine Gentile
Address 2901 Garrett Dr.,Fort Collins,CO 80526
Phone number 9703913961
Email address j9gentile@gmail.com
Signature
Ja ineGenti ug 31,2025 2135:50 MDI
08/31/2025
Page 483
Item 21.
lam a Fort Collins elector adding my name as co-signer to the protests filed by Fort Collins
eLectors on or before the filing deadLine on September 1 •2025 that address
ResoLution 2025-082 specifically the Proposed Ballot Title and Submission CLause.This is
Item 21 on the September 2.2025 City Council meeting agenda.
Name Kathryn Dubiel
Address 2936 Eindborough Drive Fort Collins Co 80525
Phone number 970 658 7233
Email address tm.kldubieL@gmail.com
Signature A2itht~in .ZWiiet
K.,ilirvti Diit,iel op I.m7G35 ~IDT
09/01/2025
Page 484
Item 21.
I am a Fort Collins elector adding my name as co-signer to the protests filed by Fort Collins
electors on or before the filing deadline on September 1,2025 that address
ResoLution 2025-082 specificaLlythe Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2,2025 City Council meeting agenda.
Name Mary Rundquist
Address 2211 west mulberry lot 219
Phone number 9704207738
Email address marywndquist@gmail.com
Signature Mary Rundquist (Aug 31,202520:19:55 MOT’
08/31/2025
Page 485
Item 21.
I am a Fort ColLins elector adding my name as co-signer to the protests filed by Fort CoLLins
electors on or before the filing deadLine on September 1 •2025 that address
ResoLution 2025-082 specifically the Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2,2025 City CounciL meeting agenda.
Name Nancy Eckardt
Address 2836 Skimmerhorn St.,Fort Collins,CO 80526
Phone number 9708173472
EmaiL address nan.eckardt@gmail.com
Signature
Nancy Eckardt (Aug 31.2025 18:27:41.NOT)
08/31/2025
Page 486
Item 21.
I am a Fort CoLlins elector adding my name as co-signer to the protests filed by Fort Collins
eLectors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specificalLy the Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2.2025 City Council meeting agenda.
Name Paul Patterson
Address 2936 Eindboroug
Phone number 970-420-5611
Email address plpatterson3@outlook.com
Signature ?wd 1.Patterson /1/
Paul I Patterson Ill 1Aug31 2025 20:3916 MDI
08/31/2025
Page 487
Item 21.
I am a Fort ColLins elector adding my name as co-signer to the protests filed by Fort CoLLins
electors on or before the filing deadline on September 1,2025 that address
ResoLution 2025-082 specificaLlythe Proposed BalLot Title and Submission Clause.This is
Item 21 on the September 2,2025 City CounciL meeting agenda.
Name Renee Walkup
Address 3514 Pratolina court
Phone number 404 2717438
Email address walkup@salespeak.com
Signature Renee Walkup (ug 31.202521:53:28 MDTI
08/3 112025
Page 488
Item 21.
I am a Fort Collins eLector adding my name as co-signer to the protests filed by Fort Collins
electors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specifically the Proposed Ballot Title and Submission CLause.This is
Item 21 on the September 2,2025 City Council meeting agenda.
Name TAMRA MEURER
Address 4021 spruce dr
Phone number 970-388-5588
Email address Tamra.meurer@outlook.com
Signature 4 ~Tamra Meurer (Aug 31.202519:27:03 MDE
08/31/2025
Page 489
Item 21.
I am a Fort Collins eLector adding my name as co-signer to the protests filed by Port Collins
eLectors on or before the filing deadline on September 1,2025 that address
Resolution 2025-082 specifically the Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2,2025 City Council meeting agenda.
Name Thomas Farnsworth
Address 2707 Dixon Creek Lane
Phone number 970 213 1822
Email address farns2707@msn.com
Signature 7hoMtas tFaJ.i1swoI~h
Thomas Fan’sworth Sep 1,2025001446 MOT
09/01/2025
Page 490
Item 21.
I am a Fort Collins elector adding my name as co-signer to the protests fiLed by Fort Collins
electors on or before the filing deadline on September 1,2025 that address
ResoLution 2025-082 specificaLly the Proposed Ballot Title and Submission Clause.This is
Item 21 on the September 2,2025 City Council meeting agenda.
Name Victoria IA.McLane
Address 1607 Ticonderoga Drive
Phone number 970-226-1006
EmaiL address vmhmclane@gmail.com
Signature 1*toi-üz M Alctswe
Victoria M McI ~ne (Aug 31.2025 2003:54 MOT’
08/31)2025
Page 491
Item 21.
For City Clerk’s Use Only: Date Filed: Initials:
Return this completed form to:
City Clerk’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521, or email to cityclerk@fcgov.com
NOTICE OF BALLOT TITLE AND/OR SUBMISSION CLAUSE PROTEST
Protestor Information*: Name, address, telephone number(s), and email address of the protestor (who must be a registered elector)
Name:
Phone #:
Address:
Email:
Protestor’s
Signature:
Date of Proposed
City Council Action:
GROUNDS FOR PROTEST
Protest of Proposed Ballot Title and/or Submission Clause (as permitted under Municipal Code Section 7-156).
Title of Ordinance or Resolution being protested:
The Grounds of the Protest (with particularity):
(Attach additional sheets as necessary)
A protest of proposed ballot title and/or submission clause, in accordance with Section 7-156, must be
filed with the City Clerk no later than noon on the Monday immediately preceding the date upon which
the City Council will consider the ordinance on First reading, or resolution, setting the ballot title and
submission clause.
*If more than one protestor, please provide the name, address, telephone number(s), email address, and signature of
each protestor on the back of this form or on additional sheets.
Page 492
Item 21.
Timeline of Fort Collins Rodeo Detention Pond
06/07/2000: Non-Exclusive Easement Agreement filed. Reception # 2000038106; (now designated Reception #
20000038106 for searches in the Clerk and Recorders database.
6/26/2023: Survey. Reception # 20230026547. No pages 2 and 3, 06/07/2000 Reception # 2000038106 show on
map.
6/30/2023: Special Warranty Deed. Reception # 20230027767. In Exhibit B, Permitted Encumbrances, Item 11
0607, 2000 Easement listed.
Page 493
Item 21.
Exhibit A – Patterson Protest Council-Referred Ordinance
Snipped from page 8 of Non-Exclusive Easement Agreement, Reception # 2000038106 (labeled
20000038106 in Clerk and Recorder Database).
Page 494
Item 21.
Exhibit B – Patterson Protest Council-Referred Ordinance
Snipped from page 3 of June 26, 2023 Survey, Reception # 20230026547
Page 495
Item 21.
Exhibit C – Patterson Protest Council-Referred Ordinance
Snipped from page 6 of June 30, 2023, Special Warranty Dead, Reception # 2023000027767
Page 496
Item 21.
Argument that the Disc Golf course is a current guaranteed use of the dedicated easement, Rodeo
Detention Pond.
On July 5, 2011, The Council passed Resolution 2011-053 and Ordinance No. 078, 2011 which authorized The
City to develop the disc golf at Hughes Stadium in conjunction with CSU. The course was to be in the
stormwater detention basin.
In 2012 the Board was the Grantor and City the Grantee for the stormwater detention pond. Based on the
statements in the easement agreement, the Disc Golf course, which is the playing field where Disc Golf is
played, became a guaranteed use of the easement.
The easement, with the guaranteed use, was transferred to the City in the Special Warranty Deed.
Page 497
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For City Clerk’s Use Only: Date Filed: Initials:
Return this completed form to:
City Clerk’s Office, 300 LaPorte Avenue, Fort Collins, CO 80521, or email to cityclerk@fcgov.com
NOTICE OF BALLOT TITLE AND/OR SUBMISSION CLAUSE PROTEST
Protestor Information*: Name, address, telephone number(s), and email address of the protestor (who must be a registered elector)
Name:
Phone #:
Address:
Email:
Protestor’s
Signature:
Date of Proposed
City Council Action:
GROUNDS FOR PROTEST
Protest of Proposed Ballot Title and/or Submission Clause (as permitted under Municipal Code Section 7-156).
Title of Ordinance or Resolution being protested:
The Grounds of the Protest (with particularity):
(Attach additional sheets as necessary)
A protest of proposed ballot title and/or submission clause, in accordance with Section 7-156, must be
filed with the City Clerk no later than noon on the Monday immediately preceding the date upon which
the City Council will consider the ordinance on First reading, or resolution, setting the ballot title and
submission clause.
*If more than one protestor, please provide the name, address, telephone number(s), email address, and signature of
each protestor on the back of this form or on additional sheets.
Melissa Rosas 562 888-0487
3520 Pratolina Court mrosas50375@gmail.com
September 2, 2025
Title and submission clause of Ordinance No. 141, 2025
I am a registered elector of the City of Fort Collins. I object to the City's title and submission clause of
Ordinance No. 141, 2025. Please see the attached document which describes the full protest and
grounds for this protest.
Page 513
Item 21.
Protest regarding City’s title and submission clause for its ballot measure related to the
Hughes Stadium Site
The City’s proposed title and submission clause for its Hughes ballot measure are flawed,
misleading, and contrary to Colorado election law in several ways:
(1) The title does not accurately summarize what is in the underlying
Ordinance 141, 025 (“Ordinance”). The third bullet point of the title indicates
the use and management of the Hughes site would “include the following new
amenities for the Hughes Site: a City natural area, up to 60 acres; dedicated
space and facilities for environmental education and wildlife conservation, to
include wildlife rescue and rehabilitation, up to 30 acres; a trail system
throughout the site connected to nearby City natural areas and parks; a City park
with a community bike park up to 35 acres, a community gathering area and
appropriate related facilities.” In contrast, subsection (F)(6) of the Ordinance
indicates “the City will develop and manage the remaining acreage as a park, to
include but not be limited to the following amenities…” A plain reading of the
title would lead the average voter to believe the only amenities allowed under the
ballot measure would be a natural area, environmental and wildlife facilities, a
trail system, a community bike park, and a community gathering area. The
Ordinance states otherwise by indicating specific amenities may “include, but
not be limited to” the amenities currently listed in the title. It is misleading to the
voters for the title to specifically list amenities and not reflect the flexibility the
City’s Ordinance builds in for the development of other future amenities. The title
should be amended to reflect the fact that the City does not necessarily intend to
limit the new amenities it will build on the Hughes property to the amenities
specifically listed in the title.
(2) The City title’s reference and contrast to the Hughes citizens’ initiative is
unlawful advocacy. The Hughes citizens’ initiative is a separate and distinct
matter already approved for the 2025 election. The City did not participate in the
citizens’ initiative in any way, other than placing obstacles in the way of signature
gathering and rejecting the adoption of the language once enough signatures
were ultimately gathered. The incorporation of a compare-and-contrast
Page 514
Item 21.
mechanism in the City’s title constitutes an inappropriate and biased attempt by
the City to advocate against a citizens’ initiative. The voters do not need the
City’s title to contrast itself with the citizens’ initiative as the voters can and
should figure that out for themselves. Any reference in the City’s ballot measure
to another ballot measure should be excluded entirely. Additionally, the
underlying Ordinance contains no reference to the citizens’ initiative so the City’s
title does not accurately summarize the Ordinance. It is misleading to the voters
to include a reference to the citizens’ initiative in the title when none exists in the
Ordinance.
(3) The City’s title reference to the Hughes citizens’ initiative is misleading for
several reasons. Even if the incorporation of the title’s compare-and-contrast
language was appropriate, the way it compares itself to the citizens’ initiative is
incorrect. The City’s comparisons do not fairly or accurately summarize the
impacts of the citizens’ initiative, and could mislead voters into supporting the
City’s ballot measure while opposing the citizens’ initiative. For example:
(a) The City’s title makes a false comparison by implying existing uses like
disc golf and sledding would be prohibited by the passage of the citizens’
initiative, when in fact they would not. The City can designate parts of
Natural Areas for disc golf and sledding and would not be prohibited from
doing so after the passage of the citizens’ initiative.
(b) The City’s title makes a false comparison by implying the passage of the
citizen’s initiative would do something other than requiring the City to
manage “uses over time as planning, design and funding allow, in
accordance with regular City planning and review processes, and
consistent with the Public Open Lands zoning.” The citizens’ initiative
does not make any changes in how the city would conduct its regular
planning and review processes, nor does it change the existing Public
Open Lands zoning.
(c) The City’s title makes several references to the “multi-use” development
of the Hughes property. The title’s compare-and-contrast language
implies the citizens’ initiative would prohibit multiple uses of the Hughes
property. This is also misleading because the classification of the entire
Hughes property into a Natural Area, as proposed in the citizens’
Page 515
Item 21.
initiative, would not prohibit multiple uses. The citizens’ initiative would
allow multiple types of light uses already authorized by City code in
Natural Areas, but not the heavy and impactful uses and development the
City proposes in its ballot measure.
(4) The City’s title language and submission clause are materially inconsistent.
The title accurately reflects the Ordinance by indicating the passage of the City’s
ballot measure would require “multi-use development and management for the
approximately 165-acre Hughes Site.” However, the submission clause only
indicates “shall the Council-Adopted Ordinance for multi-use of the Hughes Site
be approved?” The submission clause leaves out essential language, which is
whether the multi-use of the Hughes property would be accompanied by
development and management of that property, as already admitted to in the
title. To be consistent, and not misleading to the voters, the submission clause
should read “shall the Council-Adopted Ordinance for multi-use development
and management of the Hughes Site be approved?” It would be arbitrary for the
City to accurately include an acknowledgement of necessary development and
management of the Hughes Site in the title while excluding it in the submission
clause.
(5) The City’s references to “expressing support for the recommendations of
the civic assembly” in the title and the Ordinance are misleading.
Subsection D of the Ordinance indicated the civic assembly recommended the
development and management of the Hughes Site “for multiple uses to include a
combination of bike park, open spaces, natural area, trails, and
conservation/education features.” In fact, the civic assembly did not specifically
recommend the construction of a bike park or a conservation center. Those two
recommendations failed to achieve the required vote threshold. To accurately
reflect the outcome of the civic assembly process, the City should indicate the
civic assembly did recommend multiple uses (multiple uses would also be
consistent with a Natural Area designation, as explained above), but the City
Council itself decided to include a bike park and a conservation center despite
the failure of those two standalone proposals at the civic assembly. It is
misleading in the Ordinance, which was then incorporated in the City’s title, to
Page 516
Item 21.
indicate the City’s support for the civic assembly’s recommendations included
recommendations the civic assembly did not actually make.
Page 517
Item 21.
Headline Copy Goes Here
Policy and Project Manager
Ginny Sawyer
Assistant City Manager
Rupa Venkatesh
Referring Civic
Assembly
Recommendations
for the Hughes site
to Nov 2025 ballot
09-02-2025
Page 518
Item 21.
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 519
Item 21.
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 520
Item 21.
Headline Copy Goes Here
4
2021 Ballot Measure
Shall the City enact an ordinance requiring the City Council of the City of Fort
Collins to immediately rezone upon passage of the ordinance a 164.56 -acre
parcel of real property formerly home to the Hughes Stadium from the
Transition District to the Public Open Lands District, and requiring the City to
acquire the property at fair market value to use said property for parks,
recreation, and open lands, natural areas, and wildlife rescue and
restoration, and further prohibiting the City from de-annexing, ceasing
acquisition efforts or subsequently rezoning the property without voter
approval of a separate initiative referred to the voters by City Council, and
granting legal standing to any registered elector in the City to seek injunctive
and/or declaratory relief in the courts related to City noncompliance with said
ordinance?
Page 521
Item 21.
Headline Copy Goes Here
5
Proposed November 2025 Ballot Question
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 “Council -Adopted Ordinance”), was adopted by the City Council on
September 2, 2025, and differs from the Citizen -Initiated Ordinance on the November 2025 ballot (which would require 100% of the
Hughes Site to be designated as a City Natural Area) by:
•requiring multi-use development and management for the approximately 165 -acre Hughes Site;
•requiring the City to consult with Native American tribes and the Indigenous community throughout the process;
•requiring site plans to feature native and xeric vegetation and a naturalistic architectural palette, and include the followi ng new
amenities for the Hughes Site:
o a City natural area, up to 60 acres;
o dedicated space and facilities for environmental education and wildlife conservation, to include wildlife rescue and rehabili tation, up
to 30 acres;
o a trail system throughout the site connected to nearby City natural areas and parks;
o a City park with a community bike park up to 35 acres, a community gathering area and appropriate related facilities;
•including continuing existing uses, such as disc golf and winter sledding ; and
•requiring the City to manage these uses over time as planning, design and funding allow, in accordance with regular City plan ning
and review processes, and consistent with the Public Open Lands zoning.
Shall the Council-Adopted Ordinance for multi-use of the Hughes Site be approved?
Page 522
Item 21.
-1-
RESOLUTION 2025-082
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REFERRING 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 TO A VOTE OF THE REGISTERED ELECTORS OF THE
CITY AT THE NEXT REGULAR GENERAL ELECTION ON
NOVEMBER 4, 2025
A. On September 2, 2025, City Council adopted Ordinance No. 141, 2025 , on
second reading. Ordinance No. 141, 2025, sets out Council’s intent to establish use and
management plans for the Hughes Stadium Site based on the recommendations of the
City’s Civic Assembly.
B. City Council desires to refer Ordinance No. 141, 2025 (the “Council-
Adopted Ordinance”), to a vote of the registered electors of the City at the next regular
municipal election on November 4, 2025, pursuant to Article X, Section 9 of the City
Charter.
C. In 2025, Fort Collins community members circulated an initiative petition
and gathered enough signatures to initiate an ordinance about the Hughes Stadium Site.
On July 15, 2025, through Resolution 2025-073, the City Council referred that ordinance
(the “Citizen-Initiated Ordinance”) to a vote of the registered electors at the November 4,
2025, regular municipal election. If approved by a majority of the electorate, the Citizen-
Initiated Ordinance would require the designation and use of the Hughes Stadium Site as
100% City Natural Area.
D. The Council-Adopted Ordinance and the Citizen-Initiated Ordinance
irreconcilably conflict about how the Hughes Stadium Site would be developed and
managed. The Council-Adopted Ordinance requires the City’s Natural Areas Department
to “acquire, maintain and restore a portion of the Hughes Site as a Natural Area, not to
exceed 60 acres” and for other areas of the Hughes Site to be developed and managed
for non-Natural Area purposes, including as a City park. In contrast, the Citizen-Initiated
Ordinance requires the Hughes Stadium Site to be used entirely as a City Natural Area.
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:
Section 1. There is hereby referred to the registered electors of the City at the
next regular City election to be held on November 4, 2025, the question of whether
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, which Council adopted on
September 2, 2025, as set forth below, should be approved:
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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.
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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 H ughes
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 notes 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 and wildlife conservation partnership
opportunities, to include but not be limited to, wildlife rescue and
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
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11) ensure compliance with all current standards (e.g. stormwater, lighting,
etc.); and
12) 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.
Section 2. Ordinance No. 141, 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, with the following title and submission clause:
COUNCIL-REFERRED ORDINANCE
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 “Council-Adopted Ordinance”), was
adopted by the City Council on September 2, 2025, and differs from the Citizen-
Initiated Ordinance on the November 2025 ballot (which would require 100% of the
Hughes Site to be designated as a City Natural Area) by:
requiring multi-use development and management for the approximately
165-acre Hughes Site;
requiring the City to consult with Native American tribes and the Indigenous
community throughout the process;
requiring site plans to feature native and xeric vegetation and a naturalistic
architectural palette, and include the following new amenities for the Hughes
Site:
o a City natural area, up to 60 acres;
o dedicated space and facilities for environmental education and wildlife
conservation, to include wildlife rescue and rehabilitation, up to 30 acres;
o a trail system throughout the site connected to nearby City natural areas
and parks;
o a City park with a community bike park up to 35 acres, a community
gathering area and appropriate related facilities;
including continuing existing uses, such as disc golf and winter sledding; and
requiring the City to manage these uses over time as planning, design and
funding allow, in accordance with regular City planning and review
processes, and consistent with the Public Open Lands zoning.
Shall the Council-Adopted Ordinance for multi-use of the Hughes Site be approved?
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Item 21.
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YES/FOR _____
NO/AGAINST _____
Section 3. The Council finds that the Council-Adopted Ordinance (Ordinance
No. 141, 2025), and the Citizen-Initiated Ordinance (referred in Resolution 2025-073)
irreconcilably conflict. Pursuant to Article X, Section 10(d) of the City Charter, if the ballot
questions regarding each of these Ordinances are adopted or approved by the registered
electors of the City at the November 4, 2025, regular municipal election, the Ordinance
receiving the highest affirmative vote will be effective and the other Ordinance will not be
effective.
Passed and adopted on September 2, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: September 2, 2025
Approving Attorney: Ted Hewitt
Exhibit: None
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