HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/28/2025Fort Collins City Council
Work Session Agenda
6:00 p.m., Tuesday, January 28, 2025
300 Laporte Avenue, Fort Collins, CO 80521
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City of Fort Collins Page 1 of 1
City Council
Work Session Agenda
January 28, 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
Council Information Center (CIC)
300 Laporte Avenue, Fort Collins
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Comcast
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
CITY COUNCIL WORK SESSION
6:00 PM
A) CALL MEETING TO ORDER
B) ITEMS FOR DISCUSSION
1. Staff Report: Civic Assembly Update.
The purpose of this item is to provide an update to Council and the community on the Civic
Assembly process and current and next steps.
2. Consideration of Creating an Airport Authority.
The purpose of this item is to provide an update on the work of the Airport Governance Committee
and to get feedback on the Committee recommendation to create an Airport Authority.
3. Council Priorities Mid-Cycle Update.
The purpose of this item is to review work and progress to date on Council Priorities.
4. Council Priority to Update and Modernize the City Charter.
The purpose of this item is to update Council on the Charter Update Project and obtain feedback
from Councilmembers on the proposed grouping and prioritization of amendments.
C) ANNOUNCEMENTS
D) ADJOURNMENT
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
Page 1
File Attachments for Item:
1. Staff Report: Civic Assembly Update.
The purpose of this item is to provide an update to Council and the community on the Civic
Assembly process and current and next steps.
Page 2
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 2
January 28, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Rupa Venkatesh, Assistant City Manager
Ginny Sawyer, Project and Policy Manager
SUBJECT FOR DISCUSSION
Staff Report: Civic Assembly Update.
EXECUTIVE SUMMARY
The purpose of this item is to provide an update to Council and the community on the Civic Assembly
process and current and next steps.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions do Councilmembers have regarding the Civic Assembly process?
BACKGROUND / DISCUSSION
One of the identified 2024-2026 Council priorities is to develop a Hughes Site Master Plan by engaging in
an inclusive process to determine desired future uses on the site. In addition, another priority is to make
government more accessible, approachable and fun by providing opportunities to connect with local
government and community in meaningful ways. Therefore, staff recommended the utilization of a civic
assembly process as one engagement tool in developing the site plan.
As part of a ballot measure, the City acquired this 164 acre parcel in 2021. After an initial outreach effort
conducted by staff and a consultant, Council in August 2024 supported piloting a Civic Assembly process
in partnership with Healthy Democracy, a non-profit organization that works with local governments to
design and coordinate civic assemblies through a lottery selected resident panel.
Staff has been working with Healthy Democracy and other partners in the design, promotion, and
implementation of a process that will occur in April and May 2025. Upcoming work includes:
Awareness and Promotion
A communications plan has been developed that includes standard outreach (newsletters, social
media, etc.); a video introduction to the process by the Mayor; creation of a short explainer video; and
a presence at the State of City.
Two OurCity sites have been created: one specific to the civic assembly process and an update to the
existing Hughes property page outlining the civic assembly process and how to engage.
Page 3
Item 1.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 2
Information Gathering
Prior to the assembly meetings, this process works to ensure that there has been thorough and
unbiased information gathering. An initial information gathering effort is done through Community
Guide work. The Colorado State University’s Center for Public deliberation (CPD) has developed a
facilitation guide to be used by Guides selected through an application process. These Guides are paid
for the conservations they facilitate and are utilized to reach interested groups who may not otherwise
have an opportunity to present to the assembly or awareness that this process is occurring.
Information from the Guides, as well as previously created materials or reports will be provided to an
Information Committee made up of four Board and Commission members (one each from Natural
Resources, Land Conservation and Stewardship, Parks and Recreation, and Youth Advisory boards),
four Community Guides and four at large community members who will tasked with reviewing and
finalizing an information packet that will be provided to the assembly. This information will also be
publicly available on Our City page.
Recruitment and Selection
Postcard invites to participate in the assembly will be mailed to 8000-8500 randomly selected
addresses in February.
Residents that opt in to the selection process will be asked to complete demographic information. The
key criteria for a representative panel will be:
o Age
o Geographic location (even split between Council Districts)
o Educational attainment
o Housing status
o Income
o Other languages spoken at home
o Interaction with government
A randomized panel selection event will occur in March.
Assembly Logistics
Once a panel has been selected, Healthy Democracy will run an intensive deliberation process that
will be held in 222 LaPorte Avenue over two weekends, one in April and one in May.
Ultimately the panel will make a recommendation which staff will then bring to Council (likely in June.)
NEXT STEPS
Community Guides will conclude their work by early March and the process for information gathering will
begin in parallel.
ATTACHMENTS
1. Presentation
Page 4
Item 1.
Headline Copy Goes Here
01-28-2025
Rupa Venkatesh
Assistant City Manager
Civic Assembly for Hughes
Project Update
Ginny Sawyer
Senior Policy Manager
Page 5
Item 1.
Headline Copy Goes HereWhy a Civic Assembly?
Page 6
Item 1.
Headline Copy Goes Here
3
High Level Overview
1 2
5 4
6 7
2021 June 2023
Aug 2024
June/July 2025 Aug 2025
Civic assembly
convenes
Civic assembly
provides
recommendation
With all inputs, Council
considers Hughes Site
Plan
Implementation
Council
approves use of
Civic assembly
April – May
2025
Ballot Measure
Passes
City acquires
site from CSU
3
City conducts engagement
regarding future uses
Page 7
Item 1.
Headline Copy Goes Here
4
Priority #9: Develop a Use Plan for the Hughes Property
SCOPING
Solidify outreach
mechanisms, confirm
guiding principles, and
discuss partnerships
APPROPRIATIONS INITIATION FINALIZE & LAUNCH
Bike park feasibility;
outreach and design
Planning and initiation
of determined
mechanism
(Civic Assembly)
Civic Assembly plan
finalized; project
initiated and launched
in the community
June 2024 July – Aug. 2024
Civic Assembly Council
Approval
(August 20, 2024)
Sept. 2024 – Feb. 2025 March-April 2025
Page 8
Item 1.
Headline Copy Goes HereDetailed Timeline
5
JANUARY FEBRUARY MARCH APRIL MAY
Planning/Launch
›Finalize funding
›Community
awareness &
outreach (website,
communications)
›Dec. 16 – Jan. 22
Community Guides
applications open
›January 17
Presentation to ELT
›January 28
Council Work
Session
Presentation
Implementation
›General
awareness and
targeted outreach
›Information
gathering
›Health Democracy
Open Office hours
›February 5 & 12
Community Guide
training with CPD
›February 7
Invitations mailed
Selection
›Tribal
conversation
›March 5
Response
deadline
›TBD
Selection event
›TBD
Information
Committee meets
Assembly Meets!
›April 12-13
First Civic
Assembly Meeting
Assembly Meets!
›May 2-4
Second Civic
Assembly Meeting
›TBD
Civic Assembly
delivers
recommendations
to City Staff
JUNE
Conclusion
›Staff deliver final
recommendations
to City Council
along with other
inputs received
Page 9
Item 1.
Headline Copy Goes Here
6
Community Awareness
Project updates to community (ongoing)
Invitation to Community Guides (Dec-Jan)
Invitation for Assembly (February)
Communications & Outreach:
•Our City & Healthy Democracy websites
•Joint social media promotions
•Video announcement by the Mayor
•Explainer video
•Partner collaborations
•Promote at State of the City
•Engaging our Native American communities
•Healthy Democracy “Office Hours”
Page 10
Item 1.
Headline Copy Goes Here
Page 11
Item 1.
Headline Copy Goes HereInvitations to the Community
•Invitation postcards to 8-12K randomly
selected residential addresses.
•Promotions via special interest groups, partners and
the Native American Community/Tribal nations
•Applications received online
Page 12
Item 1.
Headline Copy Goes HereThe City of Fort Collins in One Room
Demographic Representation:
•Location of Residence
•Income
•Age
•Other Languages
•Educational Attainment
•Housing Status
•Interaction with Government
Page 13
Item 1.
Headline Copy Goes HereCommunity Guides
10
•Coordinated through CSU’s CPD
•16+ Community Guides
•Selected through an application process
•Guides are compensated for participation
•Applications open Dec. 16 – Jan. 22
•Training scheduled February 5 & 12
Community Guides organize and conduct
conversations in their community. Data from these
conversations will be used to build out the
information that's provided to Assembly Delegates.
Page 14
Item 1.
Headline Copy Goes HereInformation Committee
•Helps to ensure neutral, unbiased
and organized information
•Committee comprised of:
(4) Community Guides
(4) Community Members
(4) B&C Representatives
•Work to occur in mid-late March.
The Information Committee is tasked with reviewing
and compiling information from all sources to be
provided to the Assembly.
Page 15
Item 1.
File Attachments for Item:
2. Consideration of Creating an Airport Authority.
The purpose of this item is to provide an update on the work of the Airport Governance
Committee and to get feedback on the Committee recommendation to create an Airport
Authority.
Page 16
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 4
January 28, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Ginny Sawyer, Project and Policy Manager
Dan Reimer, Special Counsel
John Kinney, Airport Director
SUBJECT FOR DISCUSSION
Consideration of Creating an Airport Authority.
EXECUTIVE SUMMARY
The purpose of this item is to provide an update on the work of the Airport Governance Committee and
to get feedback on the Committee recommendation to create an Airport Authority.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions do Councilmembers have regarding the Airport Governance Committee
recommendation?
2. What questions or suggestions do Councilmembers have regarding the proposed Resolution?
BACKGROUND / DISCUSSION
Historical Context
The Cities of Fort Collins and Loveland agreed in 1963 to jointly build and operate a regional airport. It
opened in 1964 under joint agreement and ownership and serves as an important niche in our
transportation infrastructure. In addition to its many benefits the airport has faced challenges over the
years, both financially and in the governance structure which has challenged the ability of the airport to
function at its greatest potential.
The airport is jointly owned and operated by the cities of Loveland and Fort Collins; full control and decision-
making authority is placed with the City Councils of both cities. Under the current governance structure,
updated in 2015, the Northern Colorado regional Airport Commission is charged with facilitating
communication between the cities and advising the Councils concerning Airport issues such as general
policies, land use, budget, capital improvements and strategic planning. The Commission is comprised of
two members each from Fort Collins and Loveland Council and staff and three resident members.
A historical search of airport related documents shows that the airport has tried a range of governance
structures, including an Airport Board, Ad Hoc Committee, Airport Authority (see note*) and Joint Steering
Page 17
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 4
Committee. Each governance model served its purpose at the time it was implemented and was changed
for various reasons at the time.
Changes in the growing cities and the airport facility itself have necessitated reassessments and updates
to the governance structure. However, one thing has remained constant: the joint ownership model is
difficult to manage. It remains an ongoing challenge to find a workable governance structure that effectively
balances the two cities’ desired level of control and decision-making with the delegation of responsibilities
needed to efficiently operate the Airport.
Note*: A 2007 memo states the following:
The Fort Collins-Loveland Airport was governed by an Airport Authority from 1983 – 1900, when it
disbanded of its own volition. The Authority had six members, three appointed by City Councils of each
City.
The 1991 Strategic Plan notes that the Authority “…suffered with a very serious and ultimately fatal flaw.
It had the responsibility for operating the Airport but not the authority.” The Fort Collins ordinance
establishing the Authority seems to support this statement. It specifies “Nothing in this ordinance shall be
construed to assign, convey or otherwise transfer to the Airport Authority any right, title or interest in the
Airport or any improvements situated thereon, nor to grant to the Authority any of the rights, privileges,
powers, duties or functions of an authority as they apply to said Airport, but, instead, all of such matters
are hereby reserved unto the Cities, except as may hereafter be granted by separate agreement or
instrument.” The lease was intended to give the Airport Authority some operating authority but it appears
that did not occur.
Airport Governance Report
In 2023, a new effort was initiated to identify and evaluate the full array of governance options available to
the airport and the Cities. As part of this work staff worked with Dam Reimer, joint special legal counsel,
who prepared a report (the Report) identifying and summarizing options. Following the release of the
Report, an Airport Governance Committee was formed consisting of two Councilmembers from each city
to review, discuss, and make recommendations.
The Airport Governance Committee (Committee) met four times in 2024 (notes attached.) The Committee
reviewed and discussed numerous options in consideration of the following goals:
Good steward for regional asset FNL infrastructure.
Limit liability of airport sponsors to acceptable level.
Consistency for staff and stakeholders (community) /Clarity to stakeholders on policy direction, day to
day operations, etc.
Streamlining of operation decision making was also considered.
Page 18
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 4
Necessary Approval Status Quo Amended IGA Authority
Daily Operation D D D
Budget AC, CC CC AA
Leases D, AC, CC D, CM or CC D, AA
Capital Procurement D, P, CM, AC, CC D, P, CM or CC D, AA
Land Acquisition & Disposal
(including utility Easements) AC, CC CC CC
IGA and Grant Agreements AC, CM, CC CM, CC AA
D = Airport Director
AC = Airport Commission
CM = City Mangers
CC = City Council
P = Purchasing Body
AA = Airport Authority
5 entities 4 entities 3 entities
At the fourth meeting the Commission was in agreement to recommend to each Council moving forward
with the creation of an Airport Authority (AA). The greatest benefits expressed were getting the needed
skill sets in place to run an airport and de-politicizing the decision-making. The greatest risks and
considerations expressed were avoiding financial burdens to the Cities; working to ensure AA success;
and maintaining ability to decommission if necessary.
NEXT STEPS
In outlining a high-level roadmap to AA creation, the following steps have been identified:
Work sessions with each Council to confirm support in moving towards AA creation.
Regular meeting to formalize support (Resolution)
2025 dedicated work in creating an IGA which would define and determine responsibilities, obligations,
financial support, bylaws, Conflict of interest standards, and Board member eligibility and selection
process.
Anticipate multiple touchpoints with Committee and Councils in 2025 while negotiating IGA.
2026 work would include Board recruitment and selection and all paperwork details for a 2027 start.
ATTACHMENTS
Page 19
Item 2.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 4
1. Committee Notes
2. Governance Report
3. Resolution Supporting Airport Authority (draft)
4. Presentation
Page 20
Item 2.
Page 1 of 2
AIRPORT GOVERNANCE
NOTES
Monday, July 8, 2024
2:00-3:00PM
Mayors: Jeni Arndt and Jacki Marsh
Councilmembers: Troy Krenning and Julie Pignataro
City Managers: Kelly DiMartino and Rod Wensing
Staff: Ryan Malarky, Francis Robbins, Ginny Sawyer, Brian Waldes, Laurie
Wilson, Amanda Worrell, Kate Morgan, Sarah Kane, Francis Robbins,
Katherine Morgan
Welcome and Introductions
Francis Robbins, Acting Airport Director, welcomed everyone and outlined some of the current
governance challenges which include delays in decision making and invoice and contract
logistics.
Discussion
- Confirm Purpose (Reach a Recommendation to present to respective Councils regarding
the Governance Structure for the FNL Airport.)
- Review previous Airport Governance Report and identify any outstanding questions and/or
needed information.
Discussion points included:
• The lack of authority of the Airport Commission to pay bills, tap into grant funding, state
infrastructure improvements, etc. The Commission can be a roadblock for both City
Councils to approve items.
• The Commission is comprised of elected officials who are not subject matter experts and
who turnover frequently with elections.
• The goal is for the two cities to be working together to maximize funding potential (for
example, the current IGA does not allow for debt financing).
• The City of Fort Collins’ Charter does not allow the Airport to be an Enterprise, however,
Loveland’s Charter does. Suggestion was to have Loveland’s Charter control in the
interim, to get to an Enterprise situation down the road.
Page 21
Item 2.
Page 2 of 2
• Another model could be an Airport Authority with the cities establishing the levels of
involvement they have (i.e. City and County of Pueblo). The Authority would have to
craft bylaws, governance structure, etc. and the cities would transfer ownership to the
Authority.
• Creating a District was also mentioned although this would potentially require a vote.
Attendees requested more information about having other jurisdictions at the table in this
conversation, such as Larimer and Weld County, Windsor, Timnath, Firestone, CSU, and
others. Want to ensure a solution that would function the best for the residents of Northern
Colorado. Others mentioned it could be a large economic driver in terms of attracting high-tech
aviation businesses.
Attendees asked for examples of other airport authorities across Colorado and how they
function. They also discussed DIA’s announcement of a “URA-like” aviation industry
surrounding the airport. Questions came up as to all regional governments’ involvement in that
process.
In summary: the group would like to look at the best way to leverage assets and funding
potential for the airport and understand the liability/risk, staffing, and regional engagement
opportunities? What is the process and timeline? Want more information on authority vs. utility
enterprise, in the short and long term.
Determine timelines and future meeting cadence to achieve outcome
The group would like a follow up meeting (and regular monthly cadence of meetings) to include
Dan Reimer, Special Counsel to Cities on Airport Matters (from DSR, LLC). Other entities such
as the County and other jurisdictions could be invited, even if just to listen. The group is in a
work session stage and not at the point to accept public comment, however, stakeholders and
others can reach out to the individual attendees at will. When the group is at a decision point,
then the public could be invited to provide comments.
The consensus was that Loveland and Fort Collins enjoy partnership on the Airport and want it
to be good for Northern Colorado.
Adjourn
Page 22
Item 2.
AIRPORT GOVERNANCE MEETING
NOTES
Monday, August 12, 2024
1:30-3:00PM
In Attendance:
Mayors: Jeni Arndt and Jacki Marsh
Councilmembers: Troy Krenning and Julie Pignataro
City Managers: Kelly DiMartino and Rod Wensing
Others: Carrie Daggett, Brian Waldes, Laurie Wilson, Francis Robbins, Katherine
Morgan, Dan Reimer, Max Valadez, Sylvia Tatman-Burruss, Sarah Kane
Welcome and Agenda Review
Purpose:
• Determine 1-3 governance models the Committee would like staff to further analyze and
report back on at next meeting.
• Three goals to achieve as the options are evaluated: 1. Good steward for regional asset
FNL infrastructure. 2. Limit liability of airport sponsors to acceptable level. 3.
Consistency for staff and stakeholders (community) /Clarity to stakeholders on policy
direction, day to day operations, etc.
Confirm next meeting dates:
Oct 10 at 3:30-5:00
Dec 16 at 4:00-5:30
Mayor Marsh nominated Mayor Arndt to be Chair. Committee Member Pignataro seconded.
Mayor Arndt accepted. Confirmed Ginny Sawyer to facilitate future meetings.
Discussion
Reviewed Governance Report provided by Dan Reimer. See memo and report for detail.
Specific Question focus -
Airport Authorities:
• Colorado Airport Authorities Act (1960’s) is the governing legislation.
• Jefferson and Adams County disbanded their Authorities; the communities didn’t have
the level of authority they wanted.
• Grand Junction was created in late 60’s and is still in existence. City of Grand Junction
and Mesa County, operating by IGA. Each has 3 appointments.
• Either a city or a county can create separately, or two political entities get together.
Page 23
Item 2.
Page 2 of 4
• In Colorado, the real estate is transferred to the Airport Authority.
• Airport Authorities are common throughout the US.
• Cities would never stop being co-sponsors. Every new grant has to get Cities to approve
as co-sponsors and resolution of approval. Obligation to serve as co-sponsors never
goes away. Grant agreements usually have 20-year life, tied to the useful life of the
improvement (snow plow). City of Boulder now in this. Some grants never expire.
• The Airport Authority is an eligible sponsor to apply for grants from FAA, other
transactions from TSA, Colorado Aeronautics, loan from State infrastructure bank, etc.
• the Airport Authority is a separate legal entity; can seek loans, has all financing tools
available.
Airport Authority Board:
• Not consistent. Elected vs appointed, etc. vary. It can be apolitical. Pendulum can swing
on this. Sponsoring members stand it up and retain the power of appointment; can
remove those they appointed and appoint themselves. May want people with relevant
experience.
• Professional staff don’t usually sit on Board although some power is delegated to
professional staff.
• If other municipalities joined they might have Board seats They would have to be co-
sponsors on federal grants.
• Other political subdivisions may not like the liabilities with only one member on the
Board.
• There is flexibility but you don’t want too many seats.
• Airport Authority makes their own decisions, set policy, etc. In terms of appointments to
the Board, look for local bankers, businesspeople, those who work in hospitality industry,
tenants at airport (risky), retired pilots, people with a knowledge about finance, managing
large assets, multi-year budgets, communications.
Liabilities:
• Landowners have certain liabilities. Co-sponsors/originators could still be named as
parties in event of an accident. Sovereign immunity from torte – injury/slipped on ice – in
Colorado, there is a very specific list of areas where sovereign immunity is waived.
Accidents on the runway or in parking lot – immunity has not been waived. Cities are
immune for a lot of accidents.
• In terms of fiscal responsibility – the cities don’t backstop the debt, don’t have obligation
to subsidize the Airport Authority. Mesa County and Grand Junction don’t give Airport
any funding.
Page 24
Item 2.
Page 3 of 4
• If Airport Authority (AA) are out of money/bankrupt, they disband. The originators would
be responsible for “figuring it out.” Someone has to pick up the pieces & steward the
resources due to FAA requirements. That’s why cities are co-sponsors.
• Airport Authorities can contract/sue and be sued, as an entity. Party executing the
contract is the AA distinct legal entity. Contracts are not signed by cities.
Miscellaneous Questions
• Tower and Future Operations: At the Airport Commission Subcommittee, Jared from
DBL went through sequences to get federal financing for them to pay 100% of tower
costs. Starts with 100’ runway. Jared to present to Airport Commission. Money would be
there, hinging on commercial flights, even 1 or 2 a day.
• Who pays Dan’s fees? Finances come through City of Loveland Legal; grants.
• How many employees does the Airport Authority in Grand Junction have? 60
employees approx. in Grand Junction. Jackson has 120. Depends on what do you do in
house, i.e., fire, janitorial staff. Various choices are made. Greeley/Weld has 8. They
also are tied to fixed based fuel. Their janitorial are employed by Airport Authority. One
person focuses on Payroll. They are general aviation only – no terminal to keep up.
• Considering that there is immunity on an accident on the property – what about getting
sued for poor management? Does that overflow to cities? Poor management decisions
are brought to FAA first. There are grant assurances. Anti-trust or constitutional
deprivation. The Airport Authority is the sponsor – if a complaint is filed, the Airport
Authority will be responsible for addressing. The Co-sponsors may have some liability or
responsibility but in practicality, not much.
• What is the average size of Airport Authority Board? Typically 5-9 members on the
Board.
• What about special districts. These are present in California. Examples in memo. The
legislature could create an independent entity, but it has not been done here. The
special district could levy taxes.
• What about tweaking the IGA? Next meeting to discuss IGA tweaking.
• Asked for Dan’s advice. Status quo or status quo + Commission. Could expand powers
of Commission, or lessen them. The other option is to get rid of commission structure
and amend to have advisory body. Or have intermediate step where contracts go to
another entity, then they make recommendation to both Councils.. It’s a “Neither fish nor
fowl” problem. Commission has some powers but not all. Some dissatisfaction from
cities, staff and Commission. Doesn’t get to the root problem: entity is not truly
independent nor dependent.
Page 25
Item 2.
Page 4 of 4
Committee Member general thoughts:
• 16 elected officials are tasked with making very minute decisions and with elected
officials there are shifting perspectives based on elections.
• Commercial flights failed 2 times –belief that failure was due to lack of tower. FAA would
pay for commercial tower if wider runways and commercial flights reached a certain
threshold. Avelo went out when fuel prices rose and Allegiant went out with safety
concerns.
• Thinking about attracting a larger airline with more financial stability. Constituents may
not like commercial air.
• Can see the reasons to go to an Airport Authority, to run the general aviation airport,
taxis, helicopters, new tech. Cities would maintain power.
• Request for detailed governance model based on Airport Authority, if possible.
• Airport Authority, continue, commission on steroids, buy FoCo out?
• Leaning toward taking what we have and improving it via IGA adjustments.
• Leaning toward not continuing to do what we’re doing. Adjust IGA with staff input.
• Someday Airport Authority might be ideal, but more difficult hurdle to clear.
• Can we bring back 2 scenarios? FNL is at pivot point. Want to look at 20-year
governance model, in additional to what we could agree on if we amend IGA? More
expertise closer to the FNL is goal. Souped up Commission model doesn’t seem to
help.
• Politicians don’t know/have enough time and expertise to really make these decisions.
Grateful to appointees.
• Could tweak IGA to back out the elected officials from sitting on the Board? Look at
subject-matter experts. Rely upon staff. Commission doesn’t currently have expertise
embedded.
Francis Robbins summarized – this group wants more info about 2 scenarios at next meeting:
1. Amend current IGA of how we could modify board make up and powers, (to achieve
good stewardship, limit liability, provide consistency to stakeholders).
2. Forming true independent Airport Authority, makeup of Board, how to run financing, etc.
Page 26
Item 2.
Page 1 of 3
AIRPORT GOVERNANCE
MEETING NOTES
Special Joint Committee to discuss, evaluate, and make a recommendation regarding
alternative modes of governance at the Northern Colorado Regional Airport.
Thursday, October 10, 2024
3:30-5:00PM
PURPOSE:
Follow-up on previous meeting requests related to an amended IGA and creation of an Airport
Authority. Determine next steps.
The options before the group were to expand the current Commission’s power, amend the IGA,
or look at developing an Airport Authority.
There was a question regarding any potential workload increase and which City Manager would
these powers be delegated to, by essentially creating a new department. City Manager
DiMartino responded that ideally it would be a partnership between the two City Managers
(Loveland and Fort Collins).
Dan Reimer elaborated on the 4 major steps to creating an Authority: Create the Airport
Authority, Transfer the assets and liabilities (the FAA has to be involved), Set up and start up,
and Develop key documents. These steps are all doable and considerations include: Support
services can be contracted (i.e. legal and HR) or provided by the Cities; existing documents
could be cut over to the new Authority; some new policies would need to be adopted; and a 12-
18 month minimum timeframe would be anticipated.
In response to a question, City Manager Wensing replied that the candidates for the Airport
Director position are very aware of the process and prepared to support it.
Dan Reimer Clarified that the Authority would need start-up money to pay bills and money
would be transferred to the Authority in the interim and that the co-sponsors of an Airport
Authority would have the power to undo it but would have to make provisions to “pick up the
pieces.”
Mayor Arndt asked the committee their preference. Julie Pignataro, Mayor Marsh and Mayor
Arndt said they’d prefer the Authority due to the expertise of staff to run it, etc.
Page 27
Item 2.
Page 2 of 3
If other entities/jurisdictions were invited to be partners, they would also absorb liability, in
addition to having a vote. Telluride has three jurisdictions, and the City and County of Greeley
are involved in their Airport, as examples. One challenge is an entity only getting one vote for
the amount of liability they’d take on. No one entity would get a majority. Typically, Authorities
appoint 5-9 members to the Board (i.e. 4 for each city plus 1 at-large, if 9) and 7-9 is ideal due
to the amount of work, subcommittees, etc. Regarding Board terms, they are usually 4-year
terms; some have term limits.
With mention of potential interest from Windsor or Larimer County there was discussion of the
necessary future commitments. Regarding other entities being interested, City Manager
DiMartino suggested this could be brought up at the Regional Elected Officials Meeting on
October 16 as an update of the committee’s work. If partners are interested, they can reach out.
Julie Pignataro will mention this at the Oct. 16 meeting.
Airport staff stated the creation of an Authority would involve paperwork, much of which they’re
already doing and that they appreciate the policy clarity and streamlining of administrative tasks
an Authority would offer. The Airport Commission is scheduled to talk about Airport
Governance during their November meeting.
City Manager DiMartino thought it would be helpful to look at the timeline and for the City
Councils to approve resolutions to support the process moving forward. Councilmember
Pignataro suggested not having a Council Work Session until this committee finishes its work
and then the Work Session could then be a package of timeline, schedule, work plan and state
the conclusions of the committee.
Public input: A mention that the Authority model is well used in other areas and it works; would
be a huge step forward. The Loveland Chamber representative noted they would be pleased
with the forward movement.
For the December 16 meeting, City Manager DiMartino suggested more depth of
recommendations, leading toward a Work Session in January. City Attorney Daggett noted this
group was originally charged with a formal recommendation.
There were requests for both startup costs and information on options to deconstruct the
Authority.
Mayor Marsh mentioned the November 7 Ribbon Cutting for the Airport Terminal.
Page 28
Item 2.
Page 3 of 3
Dan Reimer alerted the committee to the importance of eligibility of Authority Board members as
conflicts of interest are very prevalent in this space and it’s important to be up front because the
governing board has fiduciary requirements. Dan will provide samples that work well in other
places as well as bylaws of the existing 4 airport authorities in Colorado, and Jackson, WY and
samples of who sits on the board.
In response to a question, it was clarified that an Authority is subject to Open Meetings laws,
CORA requests, and the like, since it is considered a political division under the State statute.
Members who serve on the board are unpaid, although they can be reimbursed for eligible
expenses.
It was noted that sponsor entities have to agree on the governance up front and these details
that would be addressed in an IGA.
It was also noted that the Airport Director would not be on the Board. They would be an
employee of the Authority and have an employment contract with the Authority, etc. The Chair
of the Board would run the meetings. There would be a ledger of actions brought to the Board
each month, and some other items would be handled by the Director.
Ginny Sawyer summarized:
Use the Regional Elected Officials meeting on October 16 to update regional entities. At
December 16 meeting of this committee bring a roadmap to recommend and use the same
information for each Council to review details on what an Authority would mean for each City.
Provide a timeline.
Meeting adjourned at 4:40 p.m.
Next Meeting:
December 16, 4-5:30pm
Page 29
Item 2.
Page 1 of 3
AIRPORT GOVERNANCE SUBCOMMITTEE
NOTES
Special Joint Committee to discuss, evaluate, and make a recommendation regarding
alternative modes of governance at the Northern Colorado Regional Airport.
Monday, December 16, 2024
4:00-5:30PM
Mayors: Jeni Arndt and Jacki Marsh
Councilmembers: Troy Krenning and Julie Pignataro
City Managers: Kelly DiMartino and Rod Wensing
Others: Carrie Daggett, Brian Waldes, Laurie Wilson, John Kinney, Francis
Robbins, Katherine Morgan, Dan Reimer, Dalton Kelley, Ginny Sawyer
Meeting Notes:
Time: Meeting started at 4:03 pm and adjourned at 4:45 pm
Chair: Mayor Jeni Arndt
Key Attendees:
• Mayor Jeni Arndt
• Mayor Jackie Marsh
• Councilmember Julie Pignataro
• Councilmember Troy Krenning
• John Kinney, new Airport Director
• Francis Robbins, outgoing Interim Airport Director
• Other attendees included City staff from Fort Collins and Loveland, local stakeholders,
and interested community members, including 11 online viewers.
Meeting Highlights:
1. Introduction of New Airport Director:
o Mayor Arndt welcomed John Kinney as the new Airport Director and thanked
Francis Robbins for his service and interim role. Francis Robbins’ next role will
take him to Bangor, Maine.
2. Review of Airport Authority Progress:
o Ginny Sawyer presented a review of prior meetings. The group expressed
interest in pursuing the creation of an Airport Authority and using the same slide
deck to seek support from both Fort Collins and Loveland Councils.
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Item 2.
Page 2 of 3
o A timeline was discussed, with the target start date for the Authority being
January 1, 2027. This will require a new Intergovernmental Agreement (IGA),
transfer of assets/liabilities, Airport Authority start-up, and adoption of key
documents. Financial considerations are important.
o The Division of Local Government (under DOLA) will issue the certificate
recognizing the Airport Authority as a political subdivision.
3. Council Support and Scheduling:
o Fort Collins Council will have a work session on January 28, 2025, and Loveland
has a Study Session tentatively scheduled on February 11, 2025, to discuss
support for the Airport Authority.
4. Resolution and Ordinance Discussion:
o It was clarified that Fort Collins would need to use an ordinance to formally
create the Authority but a resolution would be initially needed to move forward
with this committee’s recommendations, etc. Loveland needs a resolution of
support.
o Discussion on the timing of the creation and transition process:
12 to 24-month timeline was discussed. Staff preferred a 24-month
timeline to ensure a thorough process, while some members expressed
concerns about prolonging operational issues.
It was determined that this process will be set on a 24-month timeline
based on the number of tasks with various entities involved, budgetary
considerations, steps to take regarding board member qualifications and
selection, etc.
The Subcommittee thought it would be best to have each City Council
give guidance on whether to keep this Airport Governance Subcommittee
meeting as needed, or have staff come to the full Councils at various
milestones in the process.
5. FAA and Governance Considerations:
o The FAA and other federal/local partners will need clear documentation on who
will be in charge during this interim period. The transition must be carefully
coordinated with federal regulations and agencies like TSA.
o The federal government operates on a different fiscal year than the Cities, and
FNL is forecasting a grant at the end of 2025, so a longer timeline will be better in
that regard.
Page 31
Item 2.
Page 3 of 3
6. Next Steps and Recommendations:
o There was consensus to draft a resolution for the creation of the Airport
Authority, which would be included in the work session materials for both
Councils.
o Members agreed that the staff should continue working on the IGA development
and that its work should be reported back to the Councils as needed.
o Staff was tasked with preparing a draft of the resolution for review and with
adding more details to the presentation slide deck.
o No additional meetings of this Airport Governance Subcommittee need to be
scheduled at this time.
7. Final Comments:
o Mayor Arndt expressed gratitude for the collaborative effort and the initial survey,
noting that the team is well-prepared for the next steps.
o The committee decided to proceed with drafting a resolution, with an
understanding that the timing and details would continue to evolve based on
Council support.
Meeting Adjourned: 4:45 pm
Page 32
Item 2.
TO: Fort Collins City Council
Loveland City Council
Kelly DiMartino, Fort Collins City Manager
Steve Adams, Loveland City Manager
Carrie Daggett, Fort Collins City Attorney
Moses Garcia, Loveland City Attorney
FROM: Dan Reimer, Special Counsel to Cities on Airport Matters
DSR LLC
DATE: October 30, 2023
SUBJECT: Airport Governance
I. Introduction
The Northern Colorado Regional Airport (“Airport” or “FNL”) is owned jointly by the Cities of Loveland and
Fort Collins (“Cities”), managed by the Northern Colorado Regional Airport Commission (“Commission”),
and operated by a professional airport staff, led by an Airport Manager.
The current allocation of responsibility has been in place since 2015. In the sixty-year history of the Airport,
multiple approaches to airport governance have been employed, adjusted and abandoned. In each of
these approaches, the Cities have been supported by a separate entity, alternately refer red to as a board,
ad hoc committee, airport authority, steering committee and, most recently, a commission, to provide
some level of responsibility to, for example, enter into agreements, promulgate rules, develop budgets
and expend funds. Nevertheless, the Cities consistently have reserved for themselves the roles of owner,
operator, proprietor and sponsor of the Airport.
The Cities wish to revisit Airport governance. A longstanding concern with joint ownership is that,
regardless of the precise scope of day-to-day responsibilities delegated to a commission or staff, it remains
cumbersome to seek and obtain approval from both Cities on policy-level and “big ticket” items. Also of
concern is the fact that the current approach necessarily means that decisio n-making and information
about the Airport is widely and unevenly dispersed among elected officials and staff of the two cities,
members of the Commission, and the professional Airport staff. This has led to continuing debate about
the appropriate allocation of responsibility and whether those asked to make decisions are up -to-speed
and fully equipped to do so.
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Item 2.
2
II. Short History
The Cities jointly acquired roughly 1,000 acres of private property in 1964 to construct the Airport, which
opened in 1965. The property remains owned by the Cities jointly.1
The chronology and sequence of Airport governance can be summarized as follows:
1965 – 1979 Airport managed with assistance of Airport Board, including representatives of Fort Collins,
Loveland and Larimer County
1979 – 1983 Airport managed with assistance of Ad Hoc Committee, consisting of two council members
and city managers of each city
1983 – 1990 Airport managed with assistance of Airport Authority; however, Cities reserved
considerable decision-making responsibilities (unlike how other airport authorities operate
in the State)
1990 – 2015 Airport managed with assistance of Steering Committee, with representation by both Cities
2015 – 2023 Airport managed with assistance of seven-member Commission, pursuant to the Amended
and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-
Loveland Municipal Airport (Jan. 2015), as amended
Although the Airport governance structure appears variable, governance of FNL has retained the same
two essential elements: (1) policy-making and big-ticket decision-making reserved to the two City
Councils, including decisions as to the disposition of Airport property jointly owned by the Cities; and (2)
some delegation of responsibility and advisory services from a distinct body, with representation by the
Cities and sometimes other stakeholders.
III. Short Survey of Trends in Airport Governance
Across the U.S., airports are owned and operated by a multiplicity of government types, at the state,
regional and local level. There are two summary reports on this topic published by the Transportation
Research Board of the National Academies of Sciences:
1. Airport Cooperative Research Program, Legal Research Digest 7, Airport Governance and
Ownership (2009).
2. Airport Cooperative Research Program, Research Report 245, Guide to Evaluating Airport
Governance Structures (2022).
1 Real property acquired after 1979 is held in equal (50/50) proportion by the Cities; however, real property acquired prior to
1979 is held one-third by Loveland and two-thirds by Fort Collins.
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Item 2.
3
These reports provide a breakdown on how airports across the country are governed. There is a
companion website to Research Report 245 that provides governance information for more than 3,000
airports.
In very short summary, there is no particular pattern; airports are gover ned by a variety of public entities
regardless of size, geography or other attributes. Colorado is a microcosm of this national phenomenon.
Some airports in the state are owned by a municipality, including Denver International Airport and
Colorado Springs Airport. Some airports are owned by a county, including Eagle County Regional Airport
and Aspen/Pitkin County Airport. Some airports are owned by a special purpose airport authority,
including Grand Junction Regional Airport and Centennial Airport. Two airports are owned jointly by a
County and City (Durango-La Plata County and Salida Harriet Alexander Field), although in both instances
the city operates the airport.
The principal debate on the subject of airport governance among academic researchers and a irport
professionals is whether airports governed by a special-purpose entity (airport authority, port authority or
special district) are more efficient and otherwise superior to airports governed by a general-purpose entity
(county or city).
The academic research, including studies cited in the two TRB publications, indicates that there is no
“best” airport governance model. Nevertheless, there is a persistent belief that special-purpose entities
like airport authorities can provide distinct advantages. Commonly cited advantages include a dedicated
and focused governing body, reduced political influence, greater flexibility in hiring professional staff and
setting compensation, and more flexibility in contracting and procurement to meet market demands.
There are three discernable trends in airport governance over the last twenty-five years.
1. Most of the completed changes in governance involved transfer from a general-purpose
government to a special-purpose airport authority. Examples include the creation of the Syracuse
Regional Airport Authority, Connecticut Airport Authority, Des Moines Airport Authority, Wayne
County Airport Authority, and Allegheny County Airport Authority.
2. There have been several contested efforts by state legislatures to forcibly regionalize the
governance of airports located in large metropolitan areas. Such efforts have occurred in Atlanta,
Georgia; Charlotte, North Carolina; Jackson, Mississippi; and Nashville, Tennessee.
3. Very few airports in the U.S. have been privatized, notwithstanding Congressional support for
privatization. The only airport to privatize in recent years is the Luis Muñoz Marin International
Airport in San Juan, Puerto Rico. This issue is discussed below in the discussion of available options
for FNL.
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Item 2.
4
IV. Identification of Continuing Concerns
In order to identify the nature and extent of concerns with the current governance structure, I conducted
interviews with each of the seven City Councilmembers from the City of Fort Collins (September 6-7, 2023)
and nine City Councilmembers from the City of Loveland (September 13 and 15, 2023).
Notes from the sixteen Councilmember interviews are attached at Attachment B. While it is not surprising
that there was not unanimity among sixteen elected officials, the following key points came across in the
interviews:
1. There appears to be consensus that the current governance structure is not working. Both Cities
agree that Loveland has greater influence over Airport-related matters and that Loveland derives
greater benefit from the Airport. And, a common refrain during the interviews was that the Cities
are very different, resulting in different views on the Airport and approach to Airport matters.
2. The two cities do not (currently) have a shared vision for the future of the Airport. This is manifest
primarily in only modest belief by Fort Collins about the prospects for commercial passenger
service and greater interest in use of the Airport as a multi-modal transit hub. Loveland
representatives generally were more optimistic about the prospects for the Airport, including
commercial passenger service.
3. There is a desire to change the governance structure. There was virtually no support for the status
quo alternatives, summarized below. City Council members appear very open to a change,
including through detailed examination of available options and further engagement in the
process. Some Council members observed that this is not the highest priority item in the
community, which may make it difficult to find the time and resources necessary to make a change.
4. There was no immediate consensus on an alternative governance structure. Admittedly, these
interviews occurred before Council members had been presented with available options (including
this memorandum). However, there was some interest in delegating responsibility to a dedicated
board (the airport authority and special district options summarized below ). There was some
interest in transferring the Airport to Loveland, but no interest in transferring the Airport to Fort
Collins.
V. Options, Transfer Process and End State
At various points, the Cities have received internal and external recommendations on the best or most
efficient approach to governance, some of which have led to changes, as summarized above. The current
effort avoids recommendations and instead focuses on the options, the mechanics of transfer, and a
discussion of the conditions after transfer, to help the Cities reach their own conclusions on a path forward.
The attached matrix (Attachment A) organizes the options into five groups: (A) maintaining the current
structure, (B) creating an airport authority, (C) transferring to one general-purpose government, (D)
creating a special district, and (E) privatizing the Airport or aspects of it.
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Item 2.
5
To supplement the matrix, the following information is offered on the five options:
A. Maintain Current Structure
The Cities can continue to operate the Airport in accordance with the 2015 Intergovernmental Agreement,
as amended in 2016 and 2019. Alternatively, the Cities could revisit and amend the Intergovernmental
Agreement to reallocate responsibility among the Cities, Commission and Airport staff, based on recent
experiences and identified concerns with the current allocation of responsibility.
This option further would permit the Cities to make changes outside the IGA. For example, the noted
concern with a lack of information and input could be addressed through more regular briefings, joint
information meetings by the two City Councils, etc. And, concerns with Airport management could be
addressed by increasing the Airport budget, increasing staff, etc.
B. Airport Authority
The Colorado Public Airport Authority Act, C.R.S. Section 41-3-103 – 41-3-108, authorizes municipalities,
counties and combinations (such as two municipalities) to create a separate political subdivision to own,
operate, manage and improve airports. Airport authorities have virtually all of the hallmarks of political
subdivisions, including the power to contract, sue-and-be-sued, hold property, incur debt and issue bonds.
Importantly, airport authorities have no power to impose taxes. The originating local governments have
the power to appoint members to the governing body (comprised of 5 to 9 members) and also retain the
power to dissolve an airport authority that they created.
In the last legislative session, the Colorado Legislature enacted and the Governor signed HB 23-1156, which
included extensive updates to the Public Airport Authority Act that clarified and altered the powers of
airport authorities. While not expressly intended to make airport authorities more attractive as an airport
governance model, HB 23-1156 does enhance certain advantages of airport authorities.
Airport authorities largely are independent of their originating local governments. There is one important
caveat: the FAA requires originating local governments to serve as co-sponsors for purposes of the
terms, conditions and assurances of grant agreements for planning and improving airports. The essential
reason is that the FAA must be assured, in the event the originators dissolve the airport authority, that
there will be an entity responsible for continuing to operate the airport, complete unfinished work, and
satisfy the other contractual obligations. The FAA’s power to make such a demand was challenged and
upheld in a case involving the Grand Junction Regional Airport Authority.2 The legal and practical
consequences of co-sponsorship are untested.
The process for transferring the Airport to an airport authority would include the following steps:
i. The Cities would enter into an intergovernmental agreement to create an airport authority.
That entity would establish Bylaws and other governing documents.
2 Walker Field, Colorado, Public Airport Authority v. Adams, 606 F.2d 290 (10th Cir. 1979).
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Item 2.
6
ii. The Cities and the newly created airport authority would enter into an assignment and
assumption agreement by which the airport authority would assume the real and personal
property, assets and liabilities associated with the Airport, including the obligations under FAA
grant agreements. Most likely, the Cities would enter into a separate real estate transaction to
transfer their respective interests in Airport real property to the newly-created airport
authority. Typically, there is no money paid by the newly created airport authority for the real
and personal property and other assets of the Airport.
iii. The airport authority would have to apply to the FAA for a new Airport Operating Certificate to
accommodate commercial passenger service, consistent with the current Airport plans.
iv. The airport authority would have to hire or contract for its own support services (e.g., human
resources, legal, law enforcement, etc.).
As reflected in the matrix, there are three permutations of an airport authority:
i. The Cities could establish a “true” airport authority created under the Colorado Public Airport
Authority Act, similar to the other four airport authorities in the state , which would include
transfer of ownership of the Airport and full decision -making authority.
ii. The Cities could reestablish a municipal authority, consistent with the governance structure
during the period 1983 to 1990. Under that approach, the Cities would not transfer ownership
of the Airport to the airport authority and would retain decision -making authority for policy-
level and big-ticket items.
iii. The Cities could lobby the Colorado legislature for a further amendment to the Colorado Public
Airport Authority Act that would make it possible for the Cities to avoid serving as co-sponsors,
and create an airport authority under the amended law. This might be possible if, for example,
the originating local governments were prohibited from dissolving an airport authority that
they created. The precise details of such a statutory amendment have not been fully explored;
however, preliminary discussions with FAA officials suggest that there may not be any way to
amend the Act that will satisfy FAA.
C. Transfer to One General Purpose Government
In some ways, the most straightforward option is for one city to transfer its ownership interest in the
Airport to the other city. The City of Loveland would be a good candidate since (i) it currently provides
most of the central support services for the Airport, and (ii) the Airport is located in the City of Loveland
and surrounded by Loveland neighbors. The City of Fort Collins would be a good candidate since (i) it is
the larger of the two cities, (ii) it has a larger staff and budget, and (iii) its residents may be users of the
Airport and/or affected by Airport operations. As a third choice, the Cities could divest of the Airport
altogether and transfer the Airport to Larimer County, which represents the broader constituency of
Airport users and those impacted by the Airport.
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Item 2.
7
In any of these approaches, the Cities would transfer ownership of the Airport, which currently is held
jointly by the Cities. Typically, no money is paid when transferring airports from one public entity to
another, in part because sale proceeds are considered airport revenue under federal law and FAA policy
and thus must be used exclusively for airport purposes. The Cities would enter into an assignment and
assumption agreement, as necessary to transfer the Airport to an airport authority. Unlike an airport
authority, the city divesting its share of the Airport would be able to relinquish its obligations to the FAA.
The single entity made responsible for holding the Airport would have to provide for staffing (likely through
the creation of a Department of Aviation) and administrative support (human resources, finance, legal,
etc.).
The obvious downside with this option is that it would leave either or both cities with less representation
in the governance and management of the Airport. There may be ways to mitigate this risk, such as creating
an advisory committee, with regional representation.
D. Special District
In some states, the state legislature both provides for local governments to establish special-purpose
airport authorities and also creates special-purpose entities to govern specific airports. This has not been
the experience in Colorado; however, I am not aware of any legal impediment that would prohibit the
Colorado Legislature from doing so.
Establishing a special district through Airport-specific legislation would (i) allow the legislature to compose
the governing body in a way that best reflects the longstanding interests of the Cities; (ii) delegate specific
powers to the district, such as the power to impose taxes, not available to airport authorities; and (iii)
possibly constitute the district in such a way that FAA would not require the Cities to remain co -sponsors.
E. Privatization
It is possible to privatize portions or all of an airport. There are two summary reports on this topic
published by the Transportation Research Board.
1. Airport Cooperative Research Program, Report 66, Considering and Evaluating Airport Privatization
(2012).
2. Airport Cooperative Research Program, Research Report 227, Evaluating and Implementing Airport
Privatization and Public-Private Partnerships (2021).
As reflected in the matrix, there are three permutations of this option:
i. Private airport manager. The Cities could contract with a private company to manage the
Airport. The Cities would remain co-sponsors, and both the Cities and Commission would retain
oversight. However, this option might allow the Cities to delegate further responsibility to the
private airport manager than currently provided to Airport staff.
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Item 2.
8
ii. Management agreement and lease. This option is similar in that it entails contracting with a
private company to manage the Airport. However, the Cities further would lease portions of
the Airport to the private company to allow that entity to also be responsible for developing
and operating specific facilities. This might be a way, for example, for a private company to
assume responsibility to construct and operate a new passenger terminal.
iii. Full privatization. Federal law provides a mechanism for local governments to sell or lease
airports to private entities, known as the Airport Investment Partnership Program. The
advantage of privatizing under the Program, as compared to other approaches to privatization,
is that it allows the airport owner to transfer sponsorship to the private entity and to extract
revenue from the sale or lease of the airport. Interest in the Program has been low, in part
because full privatization strips the airport owner and community of control over a vital
transportation and economic asset. Most communities to consider changes in governance have
opted for a less dramatic approach, including creation of airport authorities and contracting
with private entities for less than full control.
VI. Conclusions and Recommendations
Based upon the work and analysis performed to date, the conclusions and recommendations of the
project team, comprised of the consultant and Cities Staff, are as follows:
1. The analysis yielded twelve (12) viable options for go-forward governance of the Airport.
2. Based on the history of the Airport and perspectives shared to date, the options recommended for
continued evaluation are: (i) Airport Authority, (ii) Special District, and (iii) Fort Collins divestiture.
3. The Cities should refine alternatives and identify an option for consideration and adoption by the
City Councils.
4. Further coordination between the Cities could include joint meetings of both City Councils or
meetings among Council-appointed representatives. These discussions could be supported by
Cities Staff, a facilitator or mediator, and myself.
5. The Cities should develop a public participation plan to solicit input from key stakeholders,
including the Airport Commission, Airport tenants and community members.
* * * *
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Item 2.
9
Attachment A
Menu of FNL Governance Options
No. Option Description Examples Pros Cons
Maintain Current Structure
1.A Status Quo Maintain current
governance
structure, meaning
Cities continue to
own FNL and set
policy, with certain
powers delegated
to the Commission
and Airport staff,
pursuant to the
2015
Intergovernmental
Agreement, as
amended
FNL Today • Stability and
consistency
• Recognizes that
some perceived
problems can be
addressed
outside IGA
(e.g.,
transparency
and
communication)
• Not likely to
address core
concerns with
efficiency and
political
accountability
1.B Amend 2015
IGA
Execute third
amendment to IGA
to adjust powers of
Cities and
Commission.
Potential
amendments
include (1)
withdrawing
powers delegated
to Commission, (2)
expanding powers
delegated to
Commission, or (3)
abolishing
Commission and re-
establishing
advisory committee
(as used
historically).
FNL (1979 –
1983 and
1994 – 2015)
• Allows
rebalancing of
obligations while
maintaining
stability
• Flexible; allows
variety of
adjustments to
expand or
contract
Commission’s
powers
• Not likely to
address core
concerns with
efficiency and
political
accountability
Page 41
Item 2.
10
No. Option Description Examples Pros Cons
Airport Authority
2.A “True”
Airport
Authority
Cities form Airport
Authority pursuant
to C.R.S. § 41-3-102
as a separate
political subdivision
and abolish
Commission; Cities
remain co-sponsors
for purposes of
federal grant
agreements
GJT, APA,
TEX, GXY
• Increased
efficiency
• Definitive
solution to joint
ownership
• Retains influence
by Cities,
through board
member
appointments
• Loss of direct
control
• Cities would
remain co-
sponsors
• Loss of
financial back-
stop for Airport
2.B Municipal
authority
Cities retain
ownership but
delegate
responsibility to
Commission or
newly-created
entity to serve as
the Cities’ agent for
operating and
improving the
Airport
FNL (June
1983 – May
1990)
Many states
expressly
permit
municipal
commissions
(see e.g.,
Iowa Code §
330.17 –
330.24)
• Increased
efficiency
through
additional
delegation
• Cities retain
some measure
of control
• Tried in the
past and
rejected
2.C Authority
pursuant to
proposed
revised Act
Cities lobby for
change in Colorado
Public Airport
Authority Act that
would allow Cities
to transfer
ownership and
control to an
Airport Authority
without Cities also
having to serve as
co-sponsors
N/A • Theoretical
means of
allowing Cities to
avoid obligations
of co-sponsors
• Many
uncertainties
(political
support, FAA
support)
Page 42
Item 2.
11
No. Option Description Examples Pros Cons
Transfer to One General Purpose Government
3.A Transfer to
City of
Loveland
Options for
transfer: (1) Fort
Collins transfers all
interest in Airport
to Loveland and
parties terminate
IGA, or (2) Cities
amend IGA to
delegate full
responsibility to
Loveland to operate
and improve
Airport. Loveland
could govern and
manage Airport
directly or with
support of advisory
committee, as
reflected in other
options.
DEN, COS,
LMO, BDU,
SBS, PUB
• Resolves joint
ownership
• Increased
efficiency
• Reflects that
Loveland
currently
provides more
administrative
support
• Reflects that
Airport is located
in Loveland
• Airport
neighbors also
are located in
Loveland
• Eliminates Fort
Collins’ control
and influence
• No likely
financial gain
for Fort Collins
3.B Transfer to
City of Fort
Collins
Same options for
transfer as above,
only directed to
Fort Collins rather
than Loveland
DEN, COS,
LMO, BDU,
SBS, PUB
• Resolves joint
ownership
• Increased
efficiency
• Fort Collins is
larger of two
cities
• Fort Collins has
larger
administration
to support the
Airport
• Does not
recognize
Loveland’s
historical and
currently active
role in
managing and
supporting
Airport
• Loveland would
retain taxing
and land use
jurisdiction
• Neighbors in
Loveland might
feel loss of
representation
Page 43
Item 2.
12
No. Option Description Examples Pros Cons
3.C Transfer to
Larimer
County
Cities transfer
property ownership
and control to
Larimer County
EGE, ASE,
MTJ, BJC,
CFO, RIL
• Reflects regional
interest in
Airport
• County has had
representation
historically
• Avoids fight over
which city would
assume control
• County is not
presently part
of airport
governance
• County has no
experience
managing
airport
• Suffers from
some of same
problems as
transfer to Fort
Collins
Special District
4 Creation of
Special
District by
Colorado
Legislature
Colorado
Legislature creates
special district, with
particular powers
(rather than create
airport authority
under Public
Airport Authority
Act)
Truckee
Tahoe
Airport (CA),
Monterey
Regional
Airport (CA)
• Might allow for
novel structure
to address some
or all perceived
problems with
status quo and
other options
• Might be means
to convey taxing
power to airport
district
• Untested in
Colorado
• Uncertain
advantages
over airport
authority
created under
current law
Privatization
5.A Private
Airport
Manager
Cities amend or
terminate IGA and
contract with a
private airport
manager to operate
the Airport; Cities
would remain co-
sponsors and
remain responsible
for improving the
Airport
Los Angeles
County (CA)
airports,
Teterboro
Airport (NY),
Bob Hope
Airport (CA)
• Delegates
control to
professional
airport
management
firm
• Might enhance
tenant and
community
confidence
• Might limit
Cities’ financial
risk
• Significant loss
of control
Page 44
Item 2.
13
No. Option Description Examples Pros Cons
5.B Management
Agreement
and Lease
Cities amend or
terminate IGA and
enter into (1) a
management
agreement with a
private entity to
manage the
Airport, and (2) a
lease with the same
private entity to
improve and
operate portions of
the Airport (e.g., a
new passenger
terminal); Cities
would remain co-
sponsors
Tweed-New
Haven
Airport (CT)
U.S. Virgin
Islands
(planned)
• Means to
address both
governance and
new terminal
• Limited
experience
with model in
the U.S.
• Significant loss
of control
5.C Full
Privatization
Cities transfer (by
sale or lease)
Airport to private
entity to manage
and improve the
Airport under
Airport Investment
Partnership
Program; private
entity becomes co-
sponsor
Luis Muñoz
Marin
International
Airport, San
Juan, Puerto
Rico
• Cities can extract
revenue from
Airport
• Limits future
contributions
• Improves
performance
and efficiency by
relying on
professional
airport operator
• Transfer
sponsorship
• Limited interest
and support in
U.S.
• Significant loss
of control
Page 45
Item 2.
14
Attachment B
City Council Interview Notes
City of Loveland City of Fort Collins
Key Themes:
1. The current governance structure is not
working
2. Airport is an asset to the community, but
governance structure makes it difficult to
realize potential
3. Support for commercial passenger service and
planned new terminal
4. Loveland derives greater benefits from Airport
than Fort Collins
5. Cities (and City Councils) are very different
Key Themes:
1. Current governance structure is not working
2. City of Loveland has greater control/influence
3. Cities (and city councils) are very different
4. Uncertain vision for Airport (perhaps lack of
vision)
Other Comments:
1. Differing views about prospects for air service
development (e.g., likely destinations, intra-
state service, ability to market Northern
Colorado as destination)
2. Disappointment in the lack of coordination
and consensus on the Cities’ financial
contributions to the new terminal
3. Some disappointment in virtual tower and
Landline
4. Uncertain vision (or lack of vision) about
Airport’s future
5. Airport currently serves largely private
interests but efforts should be made to
enhance public benefit
6. Need for more marketing and messaging
about services and benefits of the Airport
7. Fort Collins has less incentive to invest in
Airport
8. Some concern that Loveland City Council
members, who do not also serve on the
Airport Commission, are not fully up-to-speed
on Airport matters
Other comments:
1. Lack of confidence that commercial passenger
service is a realistic goal
2. Interest in transit hub (intercity bus, rail, etc.)
3. Disappointment in Landline (to date),
including lack of approval to bypass security
screening at DEN
4. Disappointment in virtual tower (to date),
including disappointment in the lack of a
contingency plan if virtual tower is not
approved
5. Disappointment in process for new hangar
development, including lack of competitive
solicitation
6. Concern that City Council is not provided
regular and adequate information
7. Concern that differences in how Cities operate
(coupled with the structure of the IGA) give
Loveland greater control over management of
Airport
8. Concern that Airport currently is serving
largely private interests (who may not be
paying their fair share) and belief that public
benefits of Airport should be maintained and
enhanced
Page 46
Item 2.
15
City of Loveland City of Fort Collins
9. Only bring in City Council when required
under 2015 IGA or need money
10. Loveland derives financial benefit from tax
revenue (the extent of which is unclear), but
Fort Collins does not
11. Loveland has disproportionate control
through land use, zoning and building
jurisdiction
12. Airport does not provide direct benefit to Fort
Collins
13. Might benefit from broader community
participation (e.g., Windsor)
14. Airport, like the region, is growing and would
benefit from more professional management
15. Cities are not aligned in positions on and
support for growth (commercial and
residential)
Comments on Governance:
1. Support for transfer to Loveland
2. Support for airport authority
3. Some support for special district, including
ability to give entity taxing power and make
governing body an elected position
4. Some support for private airport manager
5. Some support for multi-step process (e.g.,
transfer to Loveland, followed by creation of
authority, advisory board or private manager)
6. No support for transfer to Fort Collins
7. Some concern with Fort Collins continuing to
play a role in Airport governance
8. Need to study options
a. Need better understanding of
composition of new governing body
(authority or district)
b. Need better understanding of financial
issues, including whether Fort Collins
would/could be compensated in some
way if Airport is transferred to
Loveland
Comments on Governance:
1. No consensus
2. Some support for airport authority (but not
uniform)
a. NOTE: There was considerable
interest in understanding the
composition of an airport authority’s
governing body, including whether
elected officials, city staff and/or
Airport staff could serve as airport
commissioners
3. Some support for transfer to Loveland, but
also some opposition
4. No support for transfer to Fort Collins
5. No interest in privatization
6. No support for “Do Nothing”
7. Need to study options
Page 47
Item 2.
16
Page 48
Item 2.
- 1 -
RESOLUTION 2023-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPOINTING TWO COUNCILMEMBERS TO A JOINT COMMITTEE
WITH LOVELAND REGARDING AIRPORT GOVERNANCE FOR THE
NORTHERN COLORADO REGIONAL AIRPORT AND AUTHORIZING
RELEASE OF A RELATED CONFIDENTIAL LEGAL MEMORANDUM
WHEREAS, in 1963, the City of Fort Collins and the City of Loveland (the "Cities") agreed
to establish a regional general aviation facility and became owners and operators of the Fort
Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the
"Airport"); and
WHEREAS, the Airport is operated as a joint venture between the Cities, with each city
retaining a 50% ownership interest, sharing equally in policy-making and management, and each
assuming responsibility for 50% of the Airport's capital and operating costs; and
WHEREAS, pursuant to the Amended and Restated Intergovernmental Agreement for
the Joint Operation of the Fort Collins-Loveland Municipal Airport dated January 22, 2015, and
the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint
Operation of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado
Regional Airport dated June 7, 2016, (collectively, the "IGA"), the Airport Manager is
responsible for directing the operation of the Airport, including preparing the Airport's annual
operating budget and submitting it to the Cities for their approval; and
WHEREAS, in recent years questions have arisen as to whether the current structure and
governance of the Airport is optimal to achieve the goals of the Cities for the Airport; and
WHEREAS, in light of this, during 2023 staff has been working to identify the full array
of possible options for possible changes to governance at the Airport in order to facilitate and
support further discussion by the Cities and particularly by the City Councils of the Cities; and
WHEREAS, as part of the review process, staff worked with joint special legal counsel
Dan Reimer, an expert in airport matters, who prepared a confidential and privileged legal
memorandum in early October identifying and summarizing the alternatives for Airport
governance (the “Reimer Memo”); and
WHEREAS, based on the initial review of the most likely alternatives for updated
governance for the Airport, staff has recommended that the two Cities form a joint committee
comprised of two representatives from each City Council, to meet to discuss and refine alternatives
and, if practicable, provide recommendations about Airport governance; and
WHEREAS, in light of this the Council wishes to designate two Councilmembers to
represent the City on said Joint Committee, as set for the below; and
Page 49
Item 2.
- 2 -
WHEREAS, in order to facilitate a fuller discussion of the options and considerations for
Airport governance, the Council wishes to waive the attorney-client privilege and release the
Reimer Memo to the public.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the Council hereby approves the formation of a Joint Committee With
Loveland Regarding Airport Governance for the Northern Colorado Regional Airport.
Section 3. That the Council hereby designates ____________________ and
____________________ to said Joint Committee, with such appointments to begin immediately
and continue until such time as the Council terminates or modifies such appointments.
Section 4. That, subject to the completion of a similar waiver and release by the City
Council of the City of Loveland, the Council hereby waives the attorney-client privilege and
confidentiality to which the Reimer Memo is subject, and authorizes and directs the City Attorney
and City Manager to release and make available to the public the Reimer Memo.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of November, 2023.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Page 50
Item 2.
Headline Copy Goes Here
Airport Governance Committee
January 28, 2025
Follow-up and Recommendation
•Ginny Sawyer, Project and Policy Manager
•Dan Reimer, Special Counsel
•John Kinney, Airport Director
Page 51
Item 2.
Headline Copy Goes Here Direction Sought 2
What questions do Councilmembers
have regarding the Governance
Committee recommendation?
2
1
What questions or suggestions do
Councilmembers have regarding the
proposed Resolution?
Page 52
Item 2.
Headline Copy Goes Here
3
Airport Governance Background
Cities co-owners since 1963. Joint venture with 50/50 ownership and responsibility.
•13 Intergovernmental Agreements (IGAs) enacted between 1981 and 2016.
Major Governance related actions:
•1986 –City of Loveland annexes the Airport and conducts feasibility study into acquiring Fort
Collins’ interest in the Airport. Concludes Loveland should not assume full responsibility for the
Airport.
•1990 –Work session for the purpose of discussing governance of the Airport.
•1990 –IGA adopted for the Joint Operation of the Fort Collins-Loveland Municipal Airport.
•1994 –IGA affirming original agreement. Also adds Airport Steering Committee.
•2015 –IGA establishing the Northern Colorado Regional Airport Commission.
•2023 –Each City appoints 2 members to participate on a Governance Committee.
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4
Airport Governance
•2023 effort to identify and evaluate alternatives to Airport Governance.
•Worked with special legal counsel, Dan Reimer, an expert in airport matters.
•Following release of summary memo on alternatives and trade-offs Cities created
Joint Governance Committee.
•Committee charged with meeting to discuss and refine alternatives and, if
practicable, provide recommendations about Airport governance.
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5
Governance Meetings-July/August
July
•Grounding in task
•Review of memo and options
•Talk of including other jurisdictions
•Request for information from other regional airports
August
•Focus on 3 goals:
o Good steward for regional asset FNL infrastructure
o Limit liability of airport sponsors to acceptable level
o Consistency for staff and stakeholders (community) /Clarity to stakeholders on policy direction, day to day
operations, etc.
•Discussion on formation of Airport Authority and further amending the IGA
Page 55
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6
Governance Meetings -October
IGA: Current -Amended and Restated in 2015
•Cities agreed to continue to jointly own and operate the Northern Colorado Regional Airport
•Created the Northern Colorado Regional Airport Commission (“Commission”)
•Delegated certain authority to the Commission with the goal of easing administration
•Amended in 2016 to further expand Commission authority
•Amended in 2019 to stagger citizen Commissioner terms
Current Commission Authority (cannot legally give Commission more authority than it currently has)
•Enter into Airport agreements (leases, service/construction contracts)
•Adopt/revise Airport rules and regulations, including Minimum Standards
•Develop budgets, reserve policies, propose capital projects
•Establish Airport service levels, rates, charges and fees
•Develop Airport operating plan, including security and emergency plans
•Sign grant agreements, with certain limitations
•Provide recommendations to the Cities regarding Airport policy issues
Page 56
Item 2.
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7
Governance Meetings -October
Amending IGA:
Reduce/Remove Commission Power
•Allow the City Councils to delegate more authority to the City Managers
•Revise the Commission to be advisory only; results in:
•Direct reporting relationship between City Managers and their respective City Councils
•Fewer steps and greater clarity to gain approval of items
•Leaves the question of what role the advisory Commission plays
Cities Could Further Evaluate and Adjust City Duties
•Division of responsibilities between the Cities past, present and future
•Are we using each organization most effectively?
•What does delegation to the City Managers include?
Page 57
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8
Governance Meetings -October
Necessary Approval Status Quo Amended IGA Authority
Daily Operation D D D
Budget AC, CC CC AA
Leases D, AC, CC D, CM or CC D, AA
Capital Procurement D, P, CM, AC,
CC
D, P, CM or
CC D, AA
Land Acquisition & Disposal
(including utility Easements)AC, CC CC CC
IGA and Grant Agreements AC, CM, CC CM, CC AA
D = Airport Director
AC = Airport Commission
CM = City Mangers
CC = City Council
P = Purchasing Body
AA = Airport Authority
5 entities 4 entities 3 entities
Page 58
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9
Governance Meetings -October
Creating an Authority
Create Airport Authority
•Resolution/Ordinance, IGA, Certificate, Bylaws
Transfer Airport assets and liabilities
•Assignment and Assumption Agreement
•AOC and ASP
•Transfer contracts, real property, and personal
property
Airport Authority start-up
•Financial systems and controls
•Employees
•Required services
Adopt Key Documents
•Recycle existing policies and adopt new policies
•New contracts
Page 59
Item 2.
Headline Copy Goes HereGovernance Meetings -December
10
2025
Creation & Negotiations
•Resolution/Ordinance by both Councils
expressing support to pursue an Authority.
•Continued financial analysis to determine
Authority needs short to midterm.
•Begin creation of an IGA that would outline
responsibilities, obligations, timelines for financial
support, and Board member eligibility and
selection process.
•Creation of draft bylaws, including conflict of
interest standards.
2026
Approvals, Transfers, Board Selection
•Review and approval of key documents including
IGA.
•Applications for Authority Board appointments
made available.
•Appointment of Authority Board.
•Transfer of real estate, leases, etc. January 1,
2027 (designed to align with calendar budgets).
Creating an Authority -Recommended
Page 60
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Forming an Airport Authority
11
Page 61
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12
Create Airport Authority
•Resolution: (Q1 2025) Adopted by both Councils expressing support to pursue an
Authority
•IGA Development: Address operational logistics, such as
•Level of cooperation and ongoing financial responsibility
•Assignment of Airport assets and liabilities
•Co-sponsorship for FAA grants
•Board eligibility and selection process
•Approval by both Councils of formation of the Authority and the IGA
•Certificate: Issued by Colorado Division of Local Government
•Appointing Board members and adoption of bylaws
Page 62
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13
Transfer Assets and Liabilities
This work would occur after an IGA is created and approved.
Transfers are paper transactions/no payments are involved.
Includes addressing:
•New Airport Operating Certificate: Approved by FAA
•New Airport Security Program: TSA requirement
•Assign Contracts and Agreements: This can also be addressed in the IGA
•Transfer Real Property: transfer by warranty deed to the Authority
•Transfer Vehicles, Equipment, and Personal Property
•Assignment and Assumption Agreement: Required by FAA
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14
Airport Authority Start-Up
Establish Financial Systems and Controls –likely completed in partnership with Cities
•Obtain federal employer identification number, Unique Entity ID (formerly DUNS)
•Set up new bank accounts and transfer funds from existing airport accounts
•Adopt a budget and submit to DOLA
•Adopt a Statement of Investment Policy and establish investment account (e.g., COLOTRUST)
•Adopt a signature policy
•Hire insurance broker and purchase insurance
Hire Employees –existing employees transfer to the Authority
•Negotiate employment agreement with Executive Director
•Hire Airport employees
•Adopt Employee Handbook
•Issue credentials, keys, purchasing cards, etc.
Provide For All Required Services –Cities may continue to provide until not needed/desired
•Law enforcement and first responders (police, fire, medical)\
•Finance, admin, legal, HR
•Other outsourced services (landscaping, janitorial, maintenance, etc.)
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15
Adopt Key Documents
Recycle Pre-Existing Airport Policies –Immediate action
•Schedule of Rates and Fees
•Rules and Regulations
•Minimum Standards
•Airport Land Use and Design Standards
•Airport Development Guide
Adopt New Policies –Future action
•Strategic Action Plan
•Delegation of Authority
•Purchasing and Procurement Policy
•Code of Conduct
•Airport Business Plan
New Contracts for Services –Future action
•Negotiate and draft any new contracts and agreements for professional and other services
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16
Financial Support –Current & Future
Future (will be outlined in the IGA)
Need to evaluate options with goal of setting
Authority up for success.
Considerations include:
-Continue subsidizing support services until
Authority chooses to outsource
-Airport’s financial capacity to fund capital
improvement plan
-Airport’s timeline for revenue increases
-Increasing cost reimbursement to cities over
time
-Considering support services as loan to be
paid back
Current
•City of Loveland providing bulk of support
services at greatly reduced cost (full cost
~$300-400k)
•City of Fort Collins providing property
insurance coverage ($60k)
•Cities (both) 10-year capital contributions
($4M 2014-2023)
•Airport currently operates with balanced
operating budget, limited ability to increase
reimbursement of city services in near term
Page 66
Item 2.
Headline Copy Goes Here Direction Sought 17
What questions do Councilmembers
have regarding the Governance
Committee recommendation?
2
1
What questions do Councilmembers
have regarding the proposed
Resolution?
Page 67
Item 2.
File Attachments for Item:
3. Council Priorities Mid-Cycle Update.
The purpose of this item is to review work and progress to date on Council Priorities.
Page 68
City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 6
January 28, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Ginny Sawyer, Project and Policy Manager
SUBJECT FOR DISCUSSION
Council Priorities Mid-Cycle Update.
EXECUTIVE SUMMARY
The purpose of this item is to review work and progress to date on Council Priorities.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What questions or feedback do Councilmembers have on Priority work to date?
BACKGROUND / DISCUSSION
Every two years, following a Council election, the newly seated Council participates in a planning retreat
to identify priorities and confirm strategic direction. City Council adopted 11 priorities for the 2024-2026
term. These priorities were intentionally developed by Council to encompass both on-going work,
previously identified strategic initiatives, and opportunities to accelerate workstreams.
Work streams and timelines were further discussed at work sessions in February and May 2024. Council
also resourced Priority work through the budgeting process. Priority updates are provided quarterly, and
the 2024 updates are included as attachments.
Updates and Touchpoints
Priority 1: Operationalize City resources to build and preserve affordable housing
Major on-going efforts under this priority include implementing land use code changes, most notably the
allowance of ADUs, work to streamline permitting for affordable housing, analyze and articulate fee impacts
and trade-offs, and utilize means across the City to address affordability.
Touchpoints:
Council Finance and full Council meetings through mid-year to consider capital tax renewal and the
inclusion of an Affordable Housing Fund.
Fee methodology update discussion February 11, 2025.
Page 69
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 6
March 2025 work session focused on ADUs, fees, and the impact of fees, and broader housing
production strategies.
Progress and Actions to date:
2025/26 funding for housing and fee credit programs.
Basic Development Review for affordable projects in place. Expedited review process work underway.
Priority 2: Improve Human and Social Health for Vulnerable Populations
Ongoing work under this priority is broad and includes environmental services air quality work, including
monitoring and advancing the closure and reclamation of the Prospect Energy wells, as well as direct
support programs and continued Citywide equity work through all departments and services.
Touchpoints:
Priority 2 work session February 25, 2025.
Progress and Actions to date:
2025/26 funding for Immigration Legal fund, eviction Legal fund, and Mobile Home Park programs.
Healthy Homes enhancement program funded.
Engagement staff for equity and Inclusion Office funded.
Prospect Energy wells are shut-in and awaiting permanent plugging and reclamation. The City is
working towards a purchase agreement for contaminated property.
Priority 3: Pursue an Integrated, Intentional Approach to Economic Health
The recent adoption of the Economic Health Strategic plan addresses and outlines much of the on-going
work in this space including partnerships within the City and the community.
Touchpoints:
2025 work session TBD – Economic Health update.
Progress and Actions to date:
Multicultural Business and Entrepreneur Center (MBEC) funded.
Barriers to Business study underway.
$25K grant to support semiconductor and advanced industry ecosystem.
Priority 4: Advancing a 15-minute City by Igniting our Neighborhood Centers
The land use work is a major part of this priority. Staff has conducted on-site outreach which will inform
place-based assessment. Other work includes City-initiated efforts to draw the community to neighborhood
centers such as Open Streets and Bike to Wherever events.
Page 70
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 6
Touchpoints:
April 22, 2025 work session on land use work and workplan.
There will be Council items scheduled throughout the year with an intentional goal of having this
Council adopt any changes.
Progress and Actions to date:
Small Business Technical Assistance Program funded.
Permitting improvements funded and implementation underway.
Continued steps towards acquiring the former Albertson’s property and possible expansion of URA
work.
Priority 5: Accelerate Zero Waste Infrastructure and Policies
The bulk of work in this area involves other partners including Larimer County and republic Services. Staff
is also utilizing grant funding and consultants to complete research and baseline assessments.
Touchpoints:
April 8, 2025 work session on zero waste priority.
Progress and Actions to date:
Trash contract initiated and implemented. This is first step towards increased yard trimming collections.
Ongoing discussion with the County on a construction and demolition facility.
Priority 6: Electrification of Buildings, Fleet, and City Small Engine Equipment
Staff continues to make strides in City operations towards electrification. In broader efforts that will impact
the community work continues through development of the Zero Carbon New Construction Code and
finding/offering community facing resources.
Touchpoints:
April 8, 2025 staff report on EV Roadmap and Readiness.
Progress and Actions to date:
Budget funding to advance the Virtual power plant.
Budget funding to work towards electrify municipal buildings.
$11M grant to build out charging infrastructure.
Budget funding for small engine replacement. Seven replacement electric utility carts in operation in
Parks through 2050 funding.
Page 71
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 6
Priority 7: Protect Community Water Systems in an Integrated way to ensure Resilient Water
Resources and Healthy Watersheds
This body of work is broad and includes both policy and ordinance development and adoption. The City is
working regionally on water issues including Northern projects and on a state funded Wildfire Ready
Watersheds Action Plan.
Touchpoints:
February 25, 2025 work session on Water Efficiency Plan.
Progress and Actions to date:
Updated water supply requirements and allotment assignments in place.
Halligan 1041 permit application has been submitted.
Phase 1 of the One Water Strategic Plan completed at the end of January 2025.
Stream restoration funded through budget.
Priority 8: Advancing a 15-minute City by Accelerating our Shift to Active Modes
Touchpoints:
May 13, 2025 work session on Which Wheels go Where: Micromobility.
Progress and Actions to date:
Well attended Asphalt Art and Open Street events.
Hosted the National Safe Routes to School Conference.
Awarded approximately $1.7 million in funding from the Federal Safe Streets for All program which will
advance a Codes and Standards Audit focused on Active Modes, a Harmony Road Study to design
active modes facilities for Harmony, and the Lake Street Demonstration Project to enhance active
modes through CSU.
23 lane miles of buffered/improved bike lanes; 4 lane miles of protected bike lanes ;6 improved
intersections for bike and ped safety; 8+ schools served by safer routes.
Priority 9: Develop a Use Plan for the Hughes Property
Touchpoints:
January 28, 2025 staff report.
Council will be included on event dates and invites.
Outcome report and recommendation anticipated in June 2025.
Progress and Actions to date:
Project team underway and contract in place with Healthy Democracy.
Page 72
Item 3.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 6
Priority 10: Make Government More Accessible, Approachable and Fun
Work streams supporting this priority include both very tactical work to ensure web accessibility and
website revamp as well as Citywide project team considerations when engaging the public.
Touchpoints:
Staff will continue to work with Councilmembers regarding community events, listening sessions, and
addressing website development and community feedback.
Progress and Actions to date:
City Manager report revamp completed.
Digital Platform upgrades are underway including website navigation, eNewsletters, legislative
management, and 311 services.
Priority 11: Modernize and Update the City Charter
Staff hired outside Counsel to help advance this work.
Touchpoints:
There was a work session in December 2025 to review 5 main areas of charter updates.
Staff will work to bring back items in a time frame that let’s Council take action by spring 2025.
Progress and Actions to date:
Potential changes identified and initial Council discussion complete.
NEXT STEPS
Upcoming Council work sessions:
January 28: Hughes
Civic Assembly Update
All Priorities Update
February 25: Water Resources and Vulnerable Populations
Staff Report: One Water
Water Efficiency Plan
March 25: Housing
ADU Discussion
Impact of Fees on Affordable Housing
Operationalize City Resources to Build & Preserve Affordable Housing
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 6 of 6
April 8: Electrification, Zero Waste & Vulnerable Populations
Staff Report: EV Readiness Roadmap
Zero Waste
MHP Local Enforcement Options
Staff will continue to provide quarterly updates and bring forward progress and Priority related decisions
throughout 2025.
ATTACHMENTS
1. 2024 Updates
2. Presentation
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City Manager’s Office
City Hall
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
DATE: September 10, 2024
TO: Mayor and Councilmembers
THROUGH: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
FROM: Ginny Sawyer, Lead Project Manager
RE: Council Priorities – Q2-2024 Update
Every two years, following a Council election, the newly seated Council participates in a
planning retreat to identify priorities and confirm strategic direction. City Council adopted 11
priorities for the 2024-2026 term. These priorities were intentionally developed by Council to
encompass both on-going work, previously identified strategic initiatives, and opportunities to
accelerate workstreams.
Updates are provided quarterly through memo and website updates.
(https://www.fcgov.com/council/)
Priority Updates
1. Operationalize City Resources to Build and Preserve Affordable Housing
• Work is underway to develop an expedited review process for affordable housing
projects. First step will be utilizing grant funds to get a consultant on board.
• The development of a regional Homelessness Response Plan is underway. This work is
also grant funded.
• Staff has initiated the development review process for the winter Seasonal Overflow
Shelter at 117 N. Mason. Anticipated opening day is November 1.
• As Citywide impact fees are being evaluated (and increased) a parallel effort is
underway to identify fee relief opportunities. This effort includes staff from Social
Sustainability, Finance, and Utilities.
• Staff is researching innovative ways to leverage potential housing funding within a
Community Capital Tax renewal.
Council touchpoints:
Community Capital Tax discussions at October 3 Council Finance Committee and
November 12 Council work session.
2. Improve Human and Social Health for Vulnerable Populations
• Mobile Home Park focused work continues with 14 mobile home repair projects being
completed. Projects totaled $85,210 with funding provided through the 2050 tax,
Innovate Fort Collins Challenge monies, and ARPA funding. Work included roof
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replacements, new air conditioners, electrical projects, furnace and stair/handrail
replacement. Four projects were for seniors and 2 projects were for homeowners who
primarily speak Spanish. recipients have an income below 50% AMI.
• The most recent round of Neighborhood Mini-Grants awarded $14,000 to 17
neighborhoods. 42% went to Designated Opportunity Neighborhoods through CARE
Housing and Neighbor to Neighbor.
• The settlement with Prospect Energy will result in the ending of oil and gas operations in
Fort Collins. Staff will be shifting focus from monitoring and partner enforcement efforts
to remediation and reclamation efforts.
• Appropriation of CDPHE grant funds in August 2024; Received 2050 Tax funds in May
2024 resulting in:
o 28 in-home assessments (6 in Spanish, 22 in English)
o 52 DIY assessments completed
o 9 events focused on Healthy Homes and radon
• By the numbers:
o $1.1M distributed through 43 human service grant awards
o 9 focus groups completed as part of the Human Services Priorities Platform effort
o Monthly conversations with Community Spanish Language Group continue
o 1893 new/renewed Get FOCO applications
o 842 Digital Equity participants
o 200 individuals assisted through the Immigration Legal Fund
o 57 clients represented through the Eviction Legal Fund
o 4 Community Consultants on-boarded for mobile home park work
o 8 Equity Readiness Assessments completed (City Departments)
Council touchpoints:
Equity Indicator Council work session October 22
3. Pursue an Integrated, Intentional Approach to Economic Health
• The Economic Health Office (EHO) was awarded a $25,000 marketing grant as part of
the Colorado Chips Community Support Program (CCCSP) offered by the Colorado
Office of Economic Development and International Trade (OEDIT) with the purpose of
supporting the growth of the semiconductor and advanced industry ecosystem in
Colorado. This will be done through a Marketing Attraction Plan, advertising in Site
Selection magazine, and other targeted work.
• EHO has made it through the accreditation process of Earning Accredited Economic
Development Organization (AEDO) which ensures that the EHO meets the universal
quality standard for economic development organizations. A follow-up report will give
insight on how to better communicate goals and related actions to the community along
with the final accreditation decision.
• Work continues on a partnership with the Institute for Justice to conduct a barriers to
business study in Fort Collins.
Council touchpoints:
4. Advancing a 15-minute City by Igniting our Neighborhood Centers
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• The continued work on the Land Use Code is scoped and underway. Immediate next
steps include selection of a consultant team and developing community engagement
strategy.
• Plan, Permit, and Inspection process improvements are underway. Do date these have
included website updates and implementation of standard and consistent business
hours. Negotiations for acquiring and implementing an improved digital system for
licensing, permitting, and code enforcement continue.
• The Place-Based Assessment scope has been completed and will focus on the context,
opportunities and challenges of specific neighborhood centers throughout the city.
• In an effort to do more neighborhood scale engagement such as Shift Your Ride
neighborhood with University Park and more engagement with groups such as las
Chicas en Bicicletas resources have been shifted and from two Open Streets events to
one.
Council touchpoints:
November 12 Council work session on LUC community engagement and prioritization
Place Based Assessment memo update Q4 2024
5. Accelerate Zero Waste Infrastructure and Policies
• Staff continue to work on three specific fronts to accelerate zero waste infrastructure and
policies:
o Support the launch and community rollout of the single hauler contract with Republic,
which includes:
Weekly check-in meetings with Republic’s implementation leadership team.
Weekly updates to the City Manager’s office regarding progress.
Community engagement and customer support during the transition period.
o Collaborate with the County on development of Memorandum of Understanding
(MOU). Items under consideration for the MOU are:
Interim commitments to work together as a new Intergovernmental Agreement is
developed, which includes considerations for flow control.
Development of cost and pricing frameworks to give parties necessary
information for decision making on policies and infrastructure investments.
Identifying financially feasible diversion strategies that assist Fort Collins in
achieving its waste reduction goals.
o Launch the technical assistance grant through the C3 Program (formerly called the
Front Range Waste Diversion (FRWD) Enterprise.) The focus of the grant is to help
identify pathways to greater construction and demolition materials diversion and the
feasibility of diverting food scraps. Estimated completion date is June of 2025.
Periodic updates to Council will be scheduled at appropriate intervals.
Council touchpoints:
Update memo sent August 14, 2024
Future memo updates planned
6. Reduce Climate Pollution and Air Pollution Through Best Practices, Emphasizing
Electrification
Staff continue to refine existing initiatives and accelerate new efforts for this Council Priority:
• Electrification of Buildings:
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o The Building Performance Standard (BPS) project to adopt and enhance regulatory
policies for existing building energy use is on track and focusing on developing
resources in coordination with community building owners.
o The team is on course with the work toward adopting and supporting the 2030 Zero
Carbon Construction Code for building codes. Staff has accepted DOE grant funding,
are working to execute sub-recipient agreements, and the data exchange has been
completed.
o Utilities will continue to evaluate infrastructure (physical and software) and optimize
economic levers (Incentives and rates) needed to support community electrification.
• Electrification of Transportation/Fleet Vehicles:
o The process to update the previous Electric Vehicle Readiness Roadmap (EVRR) is
on track.
o Operation Services, Utilities and Finance departments have partnered to implement
phase 1 of the awarded SMART Grant and has submitted the phase 2 proposal
seeking $11M for fleet vehicle and electric vehicle charging infrastructure.
• Conversion of Small Engine Equipment:
o Staff is focused on compliance with CDPHE Air Pollution and Control Division
(APCD) Regulation 29 (restricting summer use of certain gas-powered landscaping
equipment, beginning 2025).
o Environmental Regulatory Affairs (ERA) is leading compliance planning efforts.
o Staff are leveraging funding from the 2050 Tax to convert utility task vehicles (UTVs)
to electric (2024 Mini-BFO), and all orders are complete.
o Parks and NAD have completed working inventories of City-owned "small engine"
equipment.
Council touchpoints:
Staff to provide Council an Our Climate Future update memo in Q4 2024
Building Performance Standards Council work session late 2024
7. Protect Community Water Systems in an Integrated Way to Ensure Resilient Water
Resources and Healthy Watersheds
• Staff provided a Halligan project status update at the 7/9 Council Work Session. Current
work includes modeling to support 401 Water Quality Certification application,
construction cost refinement, and engineering design. City staff are evaluating the
project's eligibility for federal and state loan programs as well as grant opportunities.
• Council also provided direction on Water Supply Requirements (WSR), Allotments &
Excess Water Use Surcharges provided direction at the 7/9 Work Session which
included proceeding with revised hybrid methodology for calculating WSR and the
schedule for issuing allotments to commercial accounts established prior to 1984.
• Water Efficiency Plan Update (WEP) update is anticipated to be complete in Q1 2025.
Most of the engagement efforts are complete. Recent milestones include completion of
new service area-wide and municipal water conservation goals and ongoing
development of a water demand model, which will help evaluate climate impacts and
water conservation strategies on water demand.
• Wildfire Ready Watersheds Action Plan (WRWAP): The City has been awarded State
grant funds to complete a collaborative WRWAP for critical water supply infrastructure in
the Upper Poudre Basin in partnership with Water Supply and Storage Company and
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City of Greeley. This plan will identify post-wildfire hazards and mitigation strategies to
protect these assets, which include the City’s Joe Wright Reservoir.
Council touchpoints:
Water Supply Requirement ordinance scheduled for October 15 regular meeting
Water Efficiency Plan update scheduled for November 12 work session
8. Advancing a 15-minute City by Accelerating our Shift to Active Modes
• There is significant support and opportunity to advance this Priority through The
Strategic Trails Plan and the upcoming 10-Year Transportation Capital Improvement
Plan (TCIP). Both efforts are foundational in guiding policy and millions of dollars in
investment.
• Staff completed the 23/24 school year safety assessments and identified several
improvements such as crosswalks, signage, pavement markings, education and
enforcement. We are now working with PSD to determine the schools for the 24/25
school year.
• By the numbers:
o 23 lane miles of buffered/improved bike lanes
o 4 lane miles of protected bike lanes
o 6 improved intersections for bike and ped safety
o 8+ schools served by safer routes
Council touchpoints:
Draft TCIP at Council work session in Q4 2024
9. Develop a Use Plan for the Hughes Property
Council has supported partnering with American Public Trust, Healthy Democracy and
others to host a Civic Assembly process for the development of a site use plan for the
Hughes property. Staff will be working with these partners to develop a project plan and
timeline. Work includes ensuring any and all interested residents will be able and prepared
to participate.
Council touchpoints:
Staff will provide updates through memos.
10. Make Government more Accessible, Approachable & Fun
• The digital accessibility team worked with consultants, Nelnet, to assist with developing
a Digital Accessibility Plan and helped ensure all required elements for the extended
compliance period were in place by July 1, 2024.
• The development of the new digital experience platform (website, legislative mgmt, etc.)
kicked off in early 2024. Discovery was completed, including analysis of the current
website and a feedback questionnaire to staff and community to inform the design and
development of the new website. Design and information architecture are underway.
• Customer Experience (CX) work continued with the BlastX consulting team to analyze
the various metrics the City uses to measure customer satisfaction and help build a
more consistent approach and framework to measurement using department and
Citywide dashboards. Additionally, eight common customer journeys including small
business onboarding, outdoor permitting and contesting a parking citation were mapped
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to explore the community's experience and identify pain points and opportunities for
improvement.
• Q2 is the season of FUN around the City with numerous community events and
engagement opportunities like Kids in the Park, 4th of July celebration, Lagoon Concert
Series, Bike to Work or Wherever Day and so much more. Check out the fun on the
City's Flickr page: https://www.flickr.com/photos/fortcollinsgov/albums
Council touchpoints:
Council listening sessions at various community events
11. Modernize the City Charter
• The City Attorney has retained Geoff Wilson of the firm Wilson Williams Fellman Dittman
to provide special expertise and assistance with the review of the Charter and
preparation of proposed updates and modernizing amendments. There have been
several coordination meetings to discuss and initiate the work, and to plan the process.
The work will consist of a full review of the City Charter for inconsistencies internal to the
Charter and with modern practices, for outdated language and unclear and cumbersome
provisions.
Council touchpoints:
December 10 Council work session
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City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: November 21, 2024
To: Mayor and Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
From: Ginny Sawyer, Project Manager
RE: Council Priorities – Q3-2024 Update
Every two years, following a Council election, the newly seated Council participates in a
planning retreat to identify priorities and confirm strategic direction. City Council adopted 11
priorities for the 2024-2026 term. These priorities were intentionally developed by Council to
encompass both ongoing work, previously identified strategic initiatives, and opportunities to
accelerate workstreams.
Updates are provided quarterly through memo and website updates.
(https://www.fcgov.com/council/)
Priority Updates
1. Operationalize City Resources to Build and Preserve Affordable Housing
A consultant team has been selected for a grant funded local planning capacity "fast track
processing" project. The project kicked off in November and initial work will include conducting a
process mapping exercise to find efficiencies.
Larimer County’s Landlord engagement program is underway, and the County will pay a portion
of the City rental registration fees for participating Landlords.
$400,000 in Utility Fee Offset grants were awarded to 3 sustainable Affordable Housing Projects
with 2050 Tax funding. Staff is exploring ways to support on-going Utility fee relief and an
affordable housing impact fee.
Land Bank Program
Currently considering if a redeploy of ARPA dollars could allow the Land Bank Program to
exercise an option to purchase 2-acres at 1900 Laporte from the Natural Areas Department.
Any action would ensure Natural Areas remains whole.
The ARPA funding spend deadline has been extended for the Montava Land Bank 5-acre
purchase via a Memorandum of Understanding between the City Manager's Office and the
Social Sustainability Department.
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Tilden Land Bank analysis underway to determine whether it is ready to develop.
Council touchpoints:
February 2025 Council Finance meeting will discuss community capital package and
potential of a revolving loan fund for housing.
March 2025 work session focused on Priority 1.
2. Improve Human and Social Health for Vulnerable Populations
Staff has completed drafting and seeking public review on the Human Services &
Homelessness Priority Platforms and anticipates finalizing the documents in December. These
new guiding documents will influence Social Sustainability Department (SSD) staff work plans
and FY25 competitive grant funding.
The Equity Office continues work with City departments and external partners both in the Equity
Readiness space through assessments and through the maturing of the Equity Indicator work.
This is ongoing work and will continue well into the new year.
Staff is engaging underserved communities through events and relationship building. The
Community Connectors Spanish Language Group meets monthly and has been focused on
Strategic Outcome Areas and Council Priorities. In October, the Gardens hosted a community
celebration of Latiné & Hispanic Heritage Month with a day full of free events highlighting this
culture that enriches our community. The installation of the rainbow Crosswalk was unveiled on
October 11 to celebrate National Coming Out Day.
Year 1, of 3, monitoring of air toxics through EPA grant is complete. Sites have been prioritized
based on community interest, such as oil and gas operations and sites with odor complaints.
Prospect Energy wells are shut-in and awaiting permanent plugging and reclamation. The City
is working towards a purchase agreement for contaminated property and working with the
Energy & Carbon Management Commission orphan well program on appropriate winterization
for well sites and subsequent prioritization for reclamation.
The Mobile Home Park Program continues to be impactful through both physical home
improvements and educational workshops and mini-grant offerings. These programs touch
seniors, Spanish speakers, and low-income populations. Home repairs and funding are
allocated based on the life/health/safety risk of repairs needed and the eligibility requirements of
each funding source. Projects were completed in 4 mobile home parks.
Buy the numbers:
2,364 Grocery Tax Rebate applications processed in Q1+Q2 +Q3 with $445k in rebates
provided YTD.
Healthy Homes: Recruited and trained 5 new Healthy Homes Educators, conducted 27 in-
home assessments (11 in Spanish, 16 in English), with 14 HVAC inspections and 20
weatherization projects, repaired and/or replaced multiple furnaces in homes where there
were safety and health risks.
Get FoCo: 947 FC households currently receiving discounted Connexion Internet services.
2,981 FC households enrolled in one or more Get FoCo programs in 2024. Gardens on
Spring Creek income-qualified program added to Get FoCo bring total to 5 programs
available.
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Immigration Legal Fund: 8 new work authorizations, 50 people reached through
educational/self-advocacy sessions, supported 4 asylum cases, 8 Temporary Protected
Status applications, and 4 Special Immigrant Juvenile Status cases. In Q3, two removal
proceedings were dismissed for clients arriving as unaccompanied minors. ILF is actively
managing 35 cases.
Eviction Legal Fund: Attorneys represented 42 clients in non-court appearances, reached
171 renters through Know Your Rights trainings, distributed educational materials to 193
people, trained 14 eviction mediation and housing hotline volunteers, and served 190
renters and 16 landlords.
Council touchpoints:
Council work session focusing on Priority 2 February 11, 2025. Work session will include
mobile home park local and state enforcement discussion.
Council will receive a memo in Q1-2025 when the Priority Platforms are complete.
Council will be updated when a Purchase and Sale Agreement with the former oil & gas
operator is available for consideration.
3. Pursue an Integrated, Intentional Approach to Economic Health
The Economic Health Office (EHO) is working in multiple areas to ensure effective programing
and to bolster the success of local business.
Some current efforts include working to stand-up the Barriers to Business study which will help
EHO better understand and address business challenges in the community. Similarly, Economic
Impact Studies are being developed to understand the economic impact of Housing Catalyst
and the sports economy locally. This data will help prioritize future funding and strategic
investments to ensure that resources are being devoted where they are needed the most, as
well as where the return on investment yields higher results.
The Multicultural Business and Entrepreneur Center (MBEC) recently received the gold award
from the International Economic Development Council for Entrepreneurship Programs and
following the 2025-26 budget adoption future planning and strategy development is underway to
continue the good work.
EHO is collaborating with the Land Use Code team to engage the business community in the
discussions and working to better understand our community’s usage of neighborhood centers.
Of note, the Larimer County labor force study conducted by TIP Strategies is in discussion for
being updated to see the changes in today’s workforce and trends moving forward.
Council touchpoints: No items currently scheduled.
4. Advancing a 15-minute City by Igniting our Neighborhood Centers
Assessing Commercial Corridors and Centers
Land Use Code (LUC) and Place Based Assessment:
City selected a vendor to integrate a diagnostic of the LUC and the more general needs and
opportunities for our centers and corridors. This will yield a Place Based Assessment by Q1
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2025 and inform the LUC updates to be finalized in Q4 of 2025. The Economic Health Office
(EHO) has been comparing Permitted Uses in the LUC against the retail landscape of Fort
Collins to better understand how our community utilizes our neighborhood centers and what
gaps need filling to better support our 15-Minute City goals. EHO has been looking at data for
visitation to Neighborhood Centers overlaid with traffic patterns to see which Neighborhood
Centers are currently being utilized at a higher rate by multi-modal transportation. This can help
us understand if specific Commercial Uses drive higher visitation by alternative modes. This
effort also promotes opportunities to collaborate with Planning, Development, and
Transportation (PDT) to better understand how small changes in permitted uses, access, and
Right of W ay infrastructure could increase alternative modes visitation.
Simplifying the Permitting Experience:
A vendor has been selected for enterprise software implementation and change management.
Process improvement workshops across the different business units, focused on simplifying
process, are the next step.
Budget Note: The liaison for businesses navigating the permitting process was not funded in
the 25/26 budget, however PDT and EHO are collaborating on potential solutions.
Council touchpoints:
November 19 regular meeting, 1st Reading consideration of software appropriation
Q1 2025: Provide Council Place Based Assessment Report
5. Accelerate Zero Waste Infrastructure and Policies
Staff continues to work on the following elements to accelerate zero waste infrastructure and
policies:
Increasing yard trimmings collection is a major component of City zero waste goals. The launch
of the residential hauling contract with Republic, which includes weekly seasonal yard trimmings
collection, is a major part of this effort. Staff will continue to collaborate with Republic, as well as
supporting community education and customer support.
The identification of pathways for food scraps and construction & demolition (C&D) materials
infrastructure is continuing through conversations with Larimer County to determine partnership
opportunities and the potential for recycling or composting infrastructure. Grant-funded
consultants are also engaged to take a fresh look at potential pathways to infrastructure for
these materials. Consultants will provide a high-level comparative analysis of potential paths for
at the end of January. The City will then select one path for a deeper dive into costs and
implementation needs. That work is anticipated to be completed in June. Staff will discuss these
elements with City Council during a work session in April 2025.
Council touchpoints:
Work session April 8, 2025
6. Reduce Climate Pollution and Air Pollution Through Best Practices, Emphasizing
Electrification
Buildings:
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Staff continues to develop a local Building Performance Standards (BPS) Policy framework
and will be at a Council work session in January. Recent focus has been on community
facing resources to help with awareness and understanding of the policy framework and
what it will mean when implemented.
The Zero Carbon New Construction Code project team is on track with the development and
planned adoption of the building energy code. Staff have finalized two of the three sub-
recipient agreements, are nearing completion of baseline building performance analysis,
and are starting work on development of building energy use and emissions reduction code
targets. In addition, the project team is formalizing the establishment of the
stakeholder/community advisory group, planning a kick-off meeting first quarter of 2025, and
has bolstered building efficiency and zero energy industry workforce training through
industry scholarships and partnerships with Front Range Community College and Northern
Colorado Construction Sector Partnership.
Incentive programs continue to have success, although at a declining rate due to decreased
"low hanging fruit" options left for buildings. Incentives for natural gas appliances and other
equipment have been phased out. Staff continue to evaluate infrastructure (distribution grid
and operational technology) necessary to support energy transition and grid of the future.
Transportation/Fleet Vehicles:
Updating the previous Electric Vehicle Readiness Roadmap (EVRR) is on track to deliver a
final report with recommendations by end of year. Staff will begin moving into
implementation of the EVRR recommendations/strategies in Q1 of 2025.
Phase 1 of Panasonic SMART grant pilot project is underway and continues until March
2025. Operation Services, Utilities and Finance departments are awaiting notification of an
$11M award for Phase 2 fleet vehicle and electric vehicle charging infrastructure.
Small Engine Equipment:
Environmental Regulatory Affairs (ERA) and Environmental Services staff are leading efforts
for compliance with CDPHE Air Pollution and Control Division (APCD) Regulation 29
(restricting City and City contractor use of specified gas-powered landscaping equipment
under 10 horsepower from June 1 through August 31 annually, beginning 2025.)
Parks Staff received 7 electric utility carts replacing 7 gas-powered carts utilizing $200K
awarded from the 2050 tax. The gas-powered carts are being removed from service.
Parks and Natural Areas landscaping equipment fleets are approximately 85% and 80%
electric, respectively.
Council touchpoints:
Council work session on Building Performance Standards January 14, 2025
Council work session on this Priority scheduled for April 8, 2025
7. Protect Community Water Systems in an Integrated Way to Ensure Resilient Water
Resources and Healthy Watersheds
Halligan Water Supply Project
Funding Strategy: An updated budget model has been completed and presented to the City
Finance team. Currently, the master schedule is being updated along with needed cash flow
projections. Two State-administered programs have been identified as potential primary
funding sources (Water Project Loan Program and Water Revenue Bond Program), in
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addition to the issuance of municipal bonds. Federal grant opportunities continue to be
investigated but are expected to be limited in scope and opportunity.
Permitting: Larimer County 1041 Permit application has been submitted, approval hearings
with County Planning Commission and the County Commissioners scheduled for Spring of
2025. 401 Water Quality Certification Application to the State expected in early 2025.
Water Supply Requirements (WSR) & Non-Residential Water Allotments
WSR – In November, Council adopted an updated Water Supply Requirement Fee and
Excess Water Use Surcharge which will change the Water Supply Requirement fee to
$63,800 per acre-foot and the excess water use surcharge to $15.59 per 1,000 gallons for
2025
Allotments: Council also approved Annual Water Allotments for Nonresidential Water
Services which will assign water allotments to nonresidential customers that do not have
one.
These ordinances will go into effect January 1, 2025.
Water Efficiency Plan Update
Engagement is 90% complete. Municipal and service-area wide goals and strategies are
being developed with input from engagement and with support from City Staff. The water
demand model is 75% complete.
One Water Strategic Plan Development, Phase I
Information gathering has occurred through plan review, staff interviews, focus groups and
workshops. Work on Phase I is 75% complete, with the development of summary status
report (final deliverable) to be completed by January 31, 2025. Phase 2 planning will
commence February 2025.
Council touchpoints:
Council work session for Water Efficiency Plan February 25, 2025
8. Advancing a 15-minute City by Accelerating our Shift to Active Modes
Fun/Engaging Methods for Neighborhood Safety:
The asphalt art project at Canyon, Sherwood, and Magnolia accomplished the narrowing of
vehicular travel lanes, shortened pedestrian crossing distances and improved sightlines.
16,000 square feet in curb-extensions were defined by traffic striping, plastic delineator
posts, asphalt art and ADA compliant infrastructure. Using these applications together
created a large expanse of asphalt for pedestrian refuge and encourages reduced traffic
speeds. Converting this five-point intersection into a four-way intersection and a separate T
intersection improved sightlines for road users and addressed long-standing concerns of
right-of-way confusion.
The City hosted one of the biggest Open Streets events to date on September 15th along
Sheilds street. This was the first event hosted on an arterial roadway since 2015, and an
estimated 14,000 participants attended nearly doubling previous attendance records.
Fort Collins hosted the National Safe Routes to School Conference in October. The event
brought professionals from around the country to share best practices in the world of safe
routes to school, and to see first-hand the amazing work being done here in Fort Collins.
This included numerous mobile workshops around Fort Collins and at CSU.
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Funding Obtained:
Fort Collins was awarded approximately $1.7 million in funding from the Federal Safe
Streets for All program this past September. This funding includes a Codes and Standards
Audit focused on Active Modes, a Harmony Road Study to design active modes facilities for
Harmony, and the Lake Street Demonstration Project to enhance active modes through
CSU.
Budget Note: Active modes were well resourced in the 2025/2026 Budget. In the next two
years we will advance significant improvements such as increasing maintenance of our active
mode infrastructure, implementing quick build solutions for neighborhood and school safety,
continuing the asphalt art program, and advancing larger scale safety improvements of our high
injury network such as Prospect and Shields.
Council touchpoints:
Council work session January 14, 2025 to discuss 10-year Transportation Capital Improvement
Plan framework and evaluation.
Council work session January 14, 2025 to discuss Strategic Trails Plan community feedback
and initial draft of goals and strategies for feedback.
9. Develop a Use Plan for the Hughes Property
Staff is working in concert with Healthy Democracies, American Public Trust, and the Center for
Public Deliberation to plan and execute a Civic Assembly to develop a use plan for the Hughes
property. Current focus is on developing a communications plan, creation of an informational
packet to be used for discussion guides, and development of representative lottery process.
Assembly is anticipated to occur in May 2025.
A related effort is also underway to determine bile park feasibility across the community. This
study will evaluate potential bike park locations (including Hughes), associated capital and on-
going costs, identification of park amenities and features, and a community engagement
process.
The goal is to complete the bike park feasibility study and have it available for the Civic
Assembly.
Council touchpoints:
Council work session January 28, 2025 to provide an update on civic Assembly
Council work session March/April 2025 timeframe for feasibility update.
10. Make Government more Accessible, Approachable & Fun
The City's Digital Accessibility Team and partner Nelnet helped each department prioritize their
top digital communications platforms/tools to assist with an audit plan to assess accessibility
concerns or gaps. The team is finalizing specific guidance for PDFs to ensure accessibility
across City documents. Nelnet is also building a training plan for City staff to ensure everyone
understands the digital accessibility requirements and how they can ensure compliance.
Digital Experience Platform (DXP) implementation continued with website navigation testing to
inform the final navigation structure, sitemap and design. Additional DXP modules have also
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kicked off design/development, including legislative management, 311 services and
eNewsletters.
The City Manager's Quarterly report was revamped in 2024 and continues to be optimized for
easy storytelling on City achievements and cross-promotion in other City channels. Beginning
with the Q2 report, a link to Council Priority updates was added to the report.
The BlastX team worked with the City to create a Customer Journey Mapping playbook to be
used as a guide for the City to create and maintain customer journey maps and are working to
gather current data sourcing information from each City department. Several City staff from
each department participated in the journey mapping training.
Late summer and early fall brought another round of fun opportunities for the community to
connect with the City and each other, including the Poudre River Fest, Neighborhood Night Out,
the Volunteer Engagement Summit, Open Streets and many more.
Council touchpoints:
Council listening sessions at various community events
Council feedback on website navigation
11. Modernize the City Charter
Staff from the City Attorney’s Office, City Clerk’s Office and City Manager’s Office have been
working with special legal counsel retained for this project, Geoff Wilson of the law firm Wilson
Williams Fellman Dittman LLP, to identify aspects of the City Charter to be modernized,
reconciled with statutory and other legal changes, simplified and revised for readability.
One or more corrections to the election-related articles of the Charter will also be part of this
discussion. In particular there is a correction needed to the increase the total number of days
allowed for circulation of initiative petitions to match the 77 days intended by Council in its
Charter work last summer.
Preparations for the December 10 work session are underway.
Council touchpoints:
December 10 Council work session
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Item 3.
Headline Copy Goes Here
2024-25 Council
Priorities Update
January 28, 2025
Page 89
Item 3.
Headline Copy Goes Here2024 –2026 Council Priorities
2
Economic Health
•Pursue an Integrated,
Intentional Approach to Economic
Health
•Advance a 15-minute City by
Igniting Neighborhood Centers
Environmental Health
•Accelerate Zero Waste
Infrastructure and Policies
•Reduce Climate Pollution and Air
Pollution Through Best Practices,
Emphasizing Electrification
•Protect Community Water Systems in an
Integrated Way to Ensure Resilient
Water Resources and Healthy
Watersheds
High Performing Government
•Develop a Hughes Site Master Plan
•Make Government More Accessible, Approachable and Fun
•Modernize and Update the City Charter
Neighborhood
& Community Vitality
•Operationalize City Resources
to Build and Preserve Affordable
Housing
•Improve Human and Social
Health for Vulnerable Populations
Transportation & Mobility
•Advance a 15-minute City by Accelerating
Our Shift to Active Modes
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Item 3.
Headline Copy Goes Here
3
Council Priority Work Sessions 2025
Tonight
•Staff Report:Civic Assembly Update (Hughes Master Plan)
•Charter Amendments & Modernization
February 11
•Solid Waste Partnership
February 25
•Staff Report: One Water
•Water Efficiency Plan
•Mobile Home Park –Local Oversight
March 25
•Operationalize Housing (including impact fees)
•ADU Supportive Community
April 8
•Staff Report: EV Readiness & Electrification Roadmap
•Zero Waste
•Improve Human & Social Health for Vulnerable Populations update
April 22
•Future of Commercial Corridors and Centers (15 Minute City)
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Item 3.
Headline Copy Goes HerePriority 1: Operationalize City Resources to Build and Preserve Affordable Housing
4
Identified Objectives Highlights
Expedite review of affordable housing projects to achieve decisions within 90
days or less; and to encourage development of more affordable housing
Progress and Action to date:
•2025/26 funding for
housing and fee credit
programs.
•Basic Development
Review for affordable
projects in place.
•Expedited review process
work underway.
Expand programs for healthy and stable housing –particularly for unhoused
or precariously housed residents, renters, and lower-income homeowners
Reduce fees for affordable housing projects and evaluate all newly proposed
City regulations and fees for anticipated impact on cost to build housing
Create sustainable, long-term source(s) of dedicated local funding for housing
Identify City resources that could be dedicated to affordable housing; work with
housing authority and partners to leverage resources into new/preserved units
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Headline Copy Goes HerePriority 2: Improve Human and Social Health for Vulnerable Populations
5
Identified Objectives Highlights
Expand human services funding; align with top
community needs
Progress and Action to date:
•2025/26 funding for Immigration
Legal fund, eviction Legal fund,
and Mobile Home Park programs.
•Healthy Homes enhancement
program funded.
•Engagement staff for equity and
Inclusion Office funded.
•Prospect Energy wells are shut-in
and awaiting permanent plugging
and reclamation. The City is
working towards a purchase
agreement for contaminated
property.
Embed equity throughout City programming and
operations; monitor progress
Address environmental concerns including air quality
and oil & gas policies
Continue and expand programs that provide direct
support to vulnerable populations
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Item 3.
Headline Copy Goes HerePriority 3: Pursue an Integrated, Intentional Approach to Economic Health
6
Identified Objectives Highlights
Expand Business Retention and Expansion Program to
Include Attraction (BREA) –establish foundational groundwork
for effective BREA within targeted industries
Progress and Action to date:
•Multicultural Business and
Entrepreneur Center (MBEC)
funded.
•Barriers to Business study
underway.
•$25K grant to support
semiconductor and advanced
industry ecosystem.
Understand barriers to businesses to support small businesses
(policy, MBEC, navigation of City processes)
Develop a high-performing business research team to support
the region with access to quality economic and market data
for decision-making
Support and accelerate workforce training programs focused
on reskilling and upskilling, including underserved and
underrepresented communities, to unlock new opportunities
Coordinate and leverage economic opportunities in
innovation with institutional partners to leverage historic federal
funding to address workforce and economic upward mobility
within targeted industries
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Item 3.
Headline Copy Goes HerePriority 4: Advancing a 15-minute City by Igniting our Neighborhood Centers
7
Identified Objectives Highlights
Develop scope, process and timeline for Land Use Code
Update: Commercial Corridors and Centers
Progress and Action to date:
•Small Business Technical
Assistance Program funded.
•Permitting improvements
funded and implementation
underway.
•Continued steps towards
acquiring the former Albertson’s
property and possible
expansion of URA work.
•Completed first draft of Place-
Based Assessment
•Initiating conversations
with PSD
Improve business processes and tools to simplify the
permitting experience for our customers
Assess emerging opportunities and current conditions
for neighborhood centers in our community
Explore and determine optimal private/public
partnerships and identify effective implementation actions
Continue to test fun and engaging methods with Council to
raise community awareness and support for using active
modes to access nearby goods and services
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Item 3.
Headline Copy Goes HerePriority 5: Accelerate Zero Waste Infrastructure and Policies
8
Identified Objectives
Identify pathways to local or regional construction & demolition
(C&D) materials sorting facility and food scrap composting
facility
Progress and Action to date:
•Trash contract initiated and
implemented. This is first step
towards increased yard
trimming collections.
•Ongoing discussion with the
County on a construction and
demolition facility.
Leverage existing infrastructure to increase yard trimmings
composted
Develop additional waste and recycling measurement
approaches
Increase municipal industrial materials reuse and recycling
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Item 3.
Headline Copy Goes HerePriority 6: Reduce Climate and Air Pollution Through Best Practices,
Emphasizing Electrification
9
Identified Objectives Highlights
Electrification of Buildings
Progress and Action to date:
•Budget funding to advance the Virtual
power plant.
•Budget funding to work towards electrify
municipal buildings.
•$11M grant to build out charging
infrastructure.
•Budget funding for small engine
replacement. Seven replacement electric
utility carts in operation in Parks through
2050 funding.
Electrification of Transportation/Fleet Vehicles
Electrification of Small Engine Equipment
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Item 3.
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10
Identified Objectives Highlights
Development of a One Water Framework for the Water Utility
and community. Continue to
build internal & external alignment and awareness around
One Water.
Progress and Actions to date:
•Updated water supply
requirements and allotment
assignments in place.
•Halligan 1041 permit
application has been
submitted.
•Phase 1 of the One Water
Strategic Plan completed at
the end of January 2025.
•Stream restoration funded
through budget.
Identify and prioritize initiatives and projects that support a
One Water Utility and community
Maintain existing and develop new partnerships with entities
with potential to impact Fort Collins water resources and
watersheds.
Through the application of One Water principles, be able to
leverage partnerships to find beneficial solutions to address
needed community wide water system challenges.
Poudre Flows
Priority 7: Protect Community Water Systems in an Integrated way to ensure
Resilient Water Resources and Healthy Watersheds
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11
Identified Objectives Highlights
Highlight the connections and prioritization of Safe
Routes to School (SRTS) in Active Mode Investments and
Programs
Progress and Action to date:
•Well attended Asphalt Art and Open
Street events.
•Hosted the National Safe Routes to
School Conference.
•Awarded approximately $1.7 million in
funding from the Federal Safe Streets
for All program which will advance a
Codes and Standards Audit focused
on Active Modes, a Harmony Road
Study to design active modes facilities
for Harmony, and the Lake Street
Demonstration Project to enhance
active modes through CSU.
•Strategic Trails Plan completed draft
goals and guiding principles
Continue and complete school safety assessments
focused on specific traffic operations at school campuses
Leverage funding opportunities to accelerate investment
in active mode infrastructure and Safe Routes to School
improvements
Assess and update policies, standards and guidelines to
remove barriers to active mode and safe routes projects
Update Strategic Trails Plan to integrate our paved trail
system into our citywide active mode vision
Continue testing fun and engaging methods with Council to
raise awareness and support
Priority 8: Advancing a 15-minute City by Accelerating our Shift to Active Modes
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Item 3.
Headline Copy Goes HerePriority 9: Develop a Use Plan for the Hughes Property
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Identified Objectives Highlights
Determine Engagement Process and Find Funding
Progress and Action to date:
•Project team underway and
contract in place with
Healthy Democracy.
Contract with Healthy Democracy and engage other
partners
Pilot the Civic Assembly Process and bring
recommendation
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13
Identified Objectives Highlights
Ensure compliance with State digital accessibility rules (HB
21-1110)
Progress and Action to date:
•Digital Accessibility Transition
Plan created and training in
development
•City Manager report revamp
completed
•Digital Experience Platform
upgrades are underway
including website,
eNewsletters, legislative
management, and 311
services
•"City in :60" social media
video series launch
Simplify, streamline and enhance the digital experience by
implementing an updated website and legislative
management application
Simplify and improve opportunities for the community to engage
with the City by investing in a citywide customer experience
program
Invest in alternative communications/engagement tools and
platforms to more effectively reach all members of the Fort
Collins community
Identify and promote meaningful opportunities for Council and
community members to connect and have fun
Priority 10: Make Government More Accessible, Approachable and Fun
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14
Identified Objectives Highlights
Comprehensive review of City Charter to align with state law
and legal developments
Progress and Action to date:
•Potential changes
identified and initial
Council discussion
complete.
Update language in Charter to be inclusive
Focus on cleanup and modernization rather than policy
changes
Evaluate form and timing options for presenting updates to
voters
Fresh look at how Charter language is presented for ease of
reading and clarity
Priority 11: Modernize the City Charter
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Item 3.
Headline Copy Goes HereQuarterly Updates
15
Report Focus:
•Updates
•Council touchpoints
Updates found here:
https://www.fcgov.com/council/
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16
Items of Importance and Actions
Council requests from Retreat:
Staff recommendations on strategies to address active modes
•Follow-up work session on May 14, 2024
Staff recommendations on strategies to lower food waste with community partnerships and diversion
Ex: composting
•Work session scheduled April 8, 2025
Information about current City efforts around DEI
•Equity and Inclusion work session on October 22, 2024
Information about current cross-departmental efforts
•Staff has approached all priorities with a focus on cross departmental work and tradeoffs
Information about current City regulation and the definition of a “puppy mill”
•Memo provided and ultimate ordinance banning sales brought forward and passed.
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Item 3.
Headline Copy Goes HereCouncilmember Questions
17
What questions or feedback do
Councilmembers have on Priority work to
date?
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Item 3.
File Attachments for Item:
4. Council Priority to Update and Modernize the City Charter.
The purpose of this item is to update Council on the Charter Update Project and obtain
feedback from Councilmembers on the proposed grouping and prioritization of amendments.
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 1 of 6
January 28, 2025
WORK SESSION AGENDA
ITEM SUMMARY
City Council
STAFF
Sara Arfmann, Assistant City Attorney
Delynn Coldiron, City Clerk
Jenny Lopez Filkins, Senior Deputy City Attorney
With Geoff Wilson, Special Legal Counsel
SUBJECT FOR DISCUSSION
Council Priority to Update and Modernize the City Charter.
EXECUTIVE SUMMARY
The purpose of this item is to update Council on the Charter Update Project and obtain feedback from
Councilmembers on the proposed grouping and prioritization of amendments.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. What feedback do Councilmembers have about the proposed grouping and prioritizing of
amendments?
2. What feedback do Councilmembers have about specific provisions?
3. What feedback do Councilmembers have about the number of ordinances or groupings of ballot
questions to be presented at the Council’s April 1, 2025, meeting?
BACKGROUND / DISCUSSION
On February 27, 2024, Council adopted eleven resolutions establishing 2024-2026 Council Priorities.
Among the adopted resolutions is Resolution 2024-024, Adopting a 2024-2026 Council Priority to
Modernize and Update the City Charter. The Resolution describes the Priority as follows:
Modernize and Update the City Charter
Although small parts of the Charter get reviewed and updated on a regular basis, due to changes in state
laws and election procedures, there is a need to modernize and update the City Charter, which has not
been done in a comprehensive way in over 25 years.
The Council further discussed this Priority at the May 14 and December 10 Work Sessions, identifying as
the objectives for this work:
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 2 of 6
1. Comprehensive review of City Charter to align with state law and legal developments;
2. Update language in Charter to be inclusive;
3. Focus on cleanup and modernization rather than policy changes;
4. Evaluate form and timing options for presenting updates to voters; and
5. Fresh look at how Charter language is presented for ease of reading and clarity.
6. Further discussion is needed about the following provisions:
a. Ideas for how to approach Council meeting vacancies;
b. Alternative ways to publish;
c. Ideas for conflict of interest, sales to the City and real estate dealings in sales from
Councilmembers;
7. Establish groupings and priorities for presenting amendments.
Staff from the City Attorney’s Office, City Clerk’s Office and City Manager’s Office have been working with
special legal counsel retained for this project, Geoff Wilson of the law firm Wilson Williams Fellman Dittman
LLP, to identify aspects of the City Charter to be modernized, reconciled with statutory and other legal
changes, simplified and revised for readability.
The Election Code Committee is also working on one or more corrections to the election-related articles of
the Charter.
A. Reformatting for Ease of Reading and Replacing Outdated or Unclear Language
Staff recommends and has received Council feedback suggesting that making revisions and updates to
Charter language that promote ease of reading and clarity is needed. Staff seeks feedback about moving
forward with reformatting for readability, replacing outdated language for gender neutrality and eliminating
unclear uses of the term “shall” in any ballot language presented in ordinances under Council
consideration.
B. Suggested Topical Grouping and Prioritizing for Presentation to the Voters
Staff is interested in feedback from Council about the suggested topical grouping and prioritizing of various
Charter changes noted below. The items are topically grouped as single subjects. Please note that staff is
interested in Council feedback that includes discussion about removing specific items mentioned in a
grouping from that group or from consideration altogether.
1. Group and Priority 1—Corrections: These provisions require corrections following the changes made
in the November 2024 election to ensure that they properly represent Council’s intent, reflect how rank
choice voting will impact the process, and ensure uniformity across the Charter.
a. Art. X, Sec. 2 (e)(1) Initiative: change the deadline to file an initiative petition from 63 days to 77
days
b. Art. IX, Sec. 2(e)(2) Recall: correct for rank choice voting, “percentage of first choice votes cast”
to reflect how rank choice voting will impact the voting process
c. Art. VIII, Sec. 7(a) –the newly revised Article VIII adopts the Municipal Election Code for contests
of officers duly elected, we will need to conform the timelines set in Art. II Sec 2 (d) for protest of
qualifications
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Item 4.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 3 of 6
2. Group and Priority 2—Alignment with amended or further developed laws and removing
inconsistencies: These Charter provisions relate to areas law that continue to evolve. To avoid the
likely recurring need to update our Charter with those developments, and to avoid confusion for the
public, it will be more efficient to align these sections now.
a. Art II, Sec.11 Meetings, quorum, executive session: this will allow City Council to hold executive
sessions for a list of purposes identified in state law
b. Art. II, Sec. 18 Vacancies: align with state law re timeline for filling an open spot and clarify that
Council appoints the replacement officeholder unless the appointment is too late to allow for
candidates to seek nomination for the office at the next regular election, in which case the
appointment would wait until after the new Council is sworn in after the regular election
c. Art. IV, Sec. 5: Records to be public: align language about availability of city records with the
Colorado Open Records Act
d. Art. VIII, Sec. 8: Campaign contributions: align restrictions on Council campaign contributions
with federal & state constitutions and statutes
3. Group and Priority 3 –Modernizing publication requirements
a. Art. IV, Sec. 7: Publication: as discussed below, modernizing publication requirements will
ensure more efficient notice to the public.
b. Art. II, Sec. 6 Ordinances, publication, effective date: the goal is to update this provision with
formatting to improve ease of reading and to remove a single Councilmember’s option to request
that an ordinance be read in full. Council permits the City administration to impose administrative
penalties, without Council’s approval, in emergency situations.
4. Group and Priority 4: Modernizing conflicts of interest: modernizing both the language regarding
council financial conflicts of interest and potential prohibitions on staff renting or leasing City property
is recommended. This is a lower priority as it is a limited experience. Also, this grouping is a lower
priority because the Council adopted Code language that defines the term “purchases from the city” to
exclude payments by an employee to the city pursuant to an agreement for housing in which the
employee is required to live as a condition of employment with the city. A copy of the ordinance
adopting this language is attached.
a. Art. IV, Sec. 9 (b)(1)(a): Conflicts of interest, sales to the City: modernize exceptions
regarding financial conflicts for councilmembers and their family
b. Art IV, Sec. 9 (b)(2): Conflicts of interest, purchases from the City: modernize language to
clearly state that staff can rent or lease City property
5. Priority 5 – Art. II, Sec. 18 Vacancies: as discussed below, clarifications can be made to add clear
exceptions or clarify when the clock starts, stops, and when it is paused.
6. Group and Priority 6: Repeal provisions made unnecessary due to changes in law or
circumstances-- these provisions either no longer apply because of TABOR or there are no members
of staff they could apply to. Staff do not see these as a high priority as they have no effect while they
remain in the Charter.
a. Art IV, Sec 3 Residency requirements: only affects department heads hired prior to March 6,
1986, no such department heads exist.
b. Art V, Sec. 6 Maximum mill levy: dead-letter following TABOR
c. Art V, Sec.19.3 Revenue securities: dead-letter following TABOR
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Item 4.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 4 of 6
d. Art. XIV Transitional provisions: unnecessary
C. Discussion and Ideas about Specific Provisions
At the December 10 work session, the several items were noted for additional discussion with Council.
Councilmembers requested the opportunity, at an upcoming work session, to review options, discuss draft
language, and revisit the topics noted in section A. below.
1. Campaign contributions. Charter currently limits direct and indirect campaign contributions by City
employees, among others, from having interests in City contracts or franchises. The following are options
that staff recommends to Council and seeks Council feedback:
a. Align with federal and state constitutions and statutes:
[Draft: The Council shall act by ordinance to establish a limit on the amount that any person or
entity may contribute in support of a candidate for Council on the ballot at any city election.
City confidential or policy-level employees are prohibited from contributing any money or other
valuable thing to assist in the election or defeat of any candidate.
It is unlawful for any political party, public service corporation, or any other person, firm or
corporation, owning, interested in, to contribute any money or other valuable thing, directly or
indirectly, to assist in the election or defeat of any candidate, except as required under the
Constitution of the United States or the Constitution of the State of Colorado.]
b. Another option: include restrictions on confidential and policy-level employees plus separate out
language about prohibition on political party contributions, and prohibit contributions by any
corporation or other person or other entity except as required by law, removing the language
“interested in.”
c. Another option: include restrictions on confidential and policy-level employees plus remove
prohibitions on political parties completely from the Charter and address those restrictions via
Council approved ordinance while prohibiting direct contributions from the remainder of the entities,
as allowable by law.
2. Absences from Council meetings create a Council seat vacancy: Charter currently states that a
vacancy exists when a Councilmember “fails to attend all regular and special meetings of the council for
sixty (60) consecutive days unless excused by Council resolution.” Staff seeks Council feedback options:
a. Add an exception to the vacancy rule for canceled meetings;
[Draft: “A vacancy exists when a Councilmember fails to attend all regular and special meetings of
the council for sixty (60) consecutive days unless excused by Council resolution or a meeting is
canceled by the City Council by resolution.”]
b. City Council may pass a resolution excusing a Councilmember or all Councilmembers from their
attendance at an upcoming Council meeting at the time they pass a resolution to cancel a meeting;
or
c. Change the requirement to a specific number of missed Council meetings in a 12-month period.
[Draft: “A vacancy exists when a Councilmember fails to attend five or more regular and special
meetings of the council in a twelve-month period unless excused by Council resolution or a meeting
is canceled by the City Council by resolution.”]
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City Council Work Session Agenda Item Summary – City of Fort Collins Page 5 of 6
d. Start the 60-day period the day of the first missed meeting and run for 60 days, regardless of any
canceled meetings outside of their control.
[Draft: “A vacancy exists when a Councilmember fails to attend all regular and special meetings of
the council for sixty (60) consecutive days, beginning on the date of the first missed meeting, unless
excused by Council resolution.]
3. Publication provisions in Charter (ordinances and legal notices): Provisions about publication of
both ordinances and legal notices currently require publication both on the City website and the local
newspaper.
Staff looked at other municipal charters to present ideas to Council. A few have pulled the publication
requirement out of their charters and state that publication will be in accordance with the applicable
procedures adopted by council via ordinance. A few others provide multiple methods for publication
including the local newspaper, the city library, the city website or other technologies adopted by the
city. One municipality’s charter requires, when an emergency exists or newspapers are unavailable,
posting at city hall, the city library, recreation center, and one additional location that meets specific
accessibility requirements.
The following are options that staff recommends to Council and seeks Council feedback:
a. Require publication only on City website;
b. Require publication on City website and posted at City Hall or Poudre River Library or both;
c. Maintain publication on City website and in local newspaper; or
d. Remove both types of publication from the Charter and address in City Code, using one of the
listed options. This option allows more flexibility.
4. Conflicts of interest, sales to the City (Article IV, Sec. 9(b)(1)(a)): This provision prohibits any
councilmember or employee, or their relative, from having a financial interest in the sale to the City of
any real or personal property, etc. Staff recommends providing some exceptions to this prohibition. An
absolute prohibition may not be necessary considering the general requirements for conflicts disclosure
and recusal from the decision-making process.
Circumstances may arise where the City needs a particular real property to carry out City purposes
or projects (subject to the conflicts disclosure requirements).
[Draft: Sales to the city. Except where the City needs a particular real property to carry out City
purposes or projects or elects to exercise its power of eminent domain, no officer or employee, or
relative of such officer or employee, shall have a financial interest in the sale to the city of any real
or personal property, equipment, material, supplies or services, except personal services provided
to the city as an officer or employee.]
5. Conflicts of interest, purchases from the City (Article IV, Sec. 9 (b)(2)): This provision prohibits
employees or their relatives from directly or indirectly purchasing any real property from the city, except
such property as is offered for sale at an established price, on the same terms and conditions as to all
members of the public. The City allows a few employees to lease residences on City natural areas
properties at a reduced price when the employees must live on site to carry out their job duties. This
Charter language arguably prohibits an employee from renting or leasing City provided housing.
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Item 4.
City Council Work Session Agenda Item Summary – City of Fort Collins Page 6 of 6
Staff requests Council feedback about an exception for rentals or leases to employees so long as
the renting/leasing employee is not involved in the decision making.
[Draft: Purchases from the city. No officer, employee or relative shall, directly or indirectly, purchase
any real or personal property from the city, except:
a. such property as is offered for sale at an established price, and not by bid or auction, on the
same terms and conditions as to all members of the general public; or
b. such property is leased to an employee by an objective decision maker for reasons beneficial
to the city and related to their employment.]
D. Number of Ordinances or Groupings of Ordinances to be Presented
Staff plans to present ordinances with ballot language for the November 2025 ballot to City Council on
April 1, 2025. Council feedback about the number of ordinances or groupings of ordinances to be
presented to the Council would be helpful.
NEXT STEPS
Based on the work session discussion, staff will prepare ordinances for Council to consider that will refer
Charter changes to the voters on the November 2025 ballot.
ATTACHMENTS
1. Relevant Fort Collins Charter language
2. Ordinance No. 057, 2020
3. Presentation
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Item 4.
Art. X, Sec. 2 (e) Petition deadlines and submittal.
(1) To be valid, the initiative petition must be filed no more than sixty-three (63) days after the
City Clerk’s approval of the form for circulation.
Art. IX, Sec. 2(e) Number of signatures required.
(2) Subsequent recall attempts. After one (1) recall petition and election, a recall petition filed
against the same officer during the same term for which elected must be signed by registered
electors equal in number to at least fifty (50) percent of the total of first choice votes cast at the
last preceding regular city election for the office to which the incumbent sought to be recalled was
elected.
Art. VIII, Sec. 7 Certification of election results.
(a) No later than the date specified by Council by ordinance and, after verifying the total
number of legal votes cast for each candidate and measure voted upon, the Board of Elections
must complete a certificate declaring the results of the election. The candidate receiving the
highest number of votes for a particular office, as determined pursuant to this Section 7, will be
declared elected to that office. In event of a tie, the selection will be made by the Board of Elections
by lot after notice to the candidates affected. The City adopts the applicable requirements and
procedures outlined in the Colorado Municipal Election Code of 1965, as amended, for contests
to officers declared duly elected. In case the candidate elected is disqualified by court order after
the date of issuance of the certificate of election, tabulation of results in that contest shall be rerun
with the disqualified candidate being eliminated prior to any tabulation and the candidate with the
resulting highest vote shall be elected. If there is no other elected successor who qualifies or if
the vote tabulation can no longer be rerun, the office will be deemed vacant, and will be filled by
appointment by the remaining members of the council, as provided in Article II, Section 18. In the
event of a mandatory recount or recount by request in a City-administered election, the Board of
Elections must complete an amended certificate declaring the results of the election by no later
than five (5) business days after the completion of the recount.
Art II, Sec.11 Meetings, quorum, executive session.
The Council shall hold regular meetings at such time and place as it may prescribe by ordinance
and shall prescribe the manner in which special meetings may be called. Notice of any special
meeting shall be given to all Councilmembers no less than one (1) day prior to such meeting. All
meetings shall be open to the public. A majority of the members of Council shall constitute a
quorum sufficient to transact business. A smaller number can adjourn a meeting to a later date
and time, and in the absence of all members, the City Clerk may adjourn any meeting for not
longer than one (1) week. In the event of an emergency, natural disaster, or unforeseen
circumstance that renders the holding of a meeting undesirable or impracticable, the City Manager
may, with agreement of the Mayor, cancel a City Council meeting and shall make a reasonable
attempt to notify the public and the other members of Council of such cancellation before the
scheduled time of the meeting. No other action, except to adjourn, may be taken by the Council
in the absence of a quorum, unless the absence of a quorum is due to the filing of conflict of
interest disclosure statements by all absent members, in which event at least three (3) remaining
members may transact business. By majority vote of those present and voting, the Council may
approve any action of the Council except the passage of emergency ordinances and the approval
of executive sessions. By two-thirds (2/3) vote of those present and voting, the Council may go
into executive session, which shall be closed to the public. Executive sessions may only be held
to:
(1) discuss personnel matters; or
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(2) consult with attorneys representing the city regarding specific legal questions involving
litigation or potential litigation and/or the manner in which particular policies, practices or
regulations of the city may be affected by existing or proposed provisions of federal, state
or local law; or
(3) consider water and real property acquisitions and sales by the city; or
(4) consider electric utility matters if such matters pertain to issues of competition in the
electric utility industry.
Art. II, Sec. 18 Vacancies.
(a) A vacancy exists when a Councilmember:
(1) dies, resigns, or moves from the city or the District from which elected or appointed;
(2) assumes another elective office;
(3) fails to attend all regular and special meetings of the Council for sixty (60) consecutive
days unless excused by Council resolution;
(4) is judicially declared mentally incompetent;
(5) is convicted of a felony that disqualifies the Councilmember from serving in public office
in Colorado under the Colorado Constitution, or is declared by the City Clerk, more than
sixty (60) days after the date of issuance of the certificate of election of such
Councilmember, to have previously been convicted of a disqualifying felony pursuant to a
written protest filed under Section 2 of this article; or
(6) in the case of an appointed member of the Council, is declared by the City Clerk to lack
any qualification for the office of Councilmember.
Except for the office of Mayor, any vacancy on the Council shall be filled within forty-five (45) days
by appointment of the Council. The person so appointed shall serve until the next regular election,
when the electors will select a person to fill the vacancy for the remainder of the term, if any. This
selection process shall be subject to the following exception: If the time for filling the vacancy by
appointment would fall within forty-five (45) days prior to any regular election, and the remaining
unexpired term of the Councilmember to be replaced is more than two (2) years, then the vacancy
shall be filled by the newly constituted Council following their election, within forty-five (45) days
after their terms of office begin.
Under this exception, the term of office of the Councilmember appointed shall run for the
remainder of the replaced Councilmember's term. Any person appointed to fill a Councilmember's
vacated position shall have all the qualifications required of regularly elected Councilmembers. In
the case of a vacancy representing a member elected from a District, any person appointed or
elected to fill such vacancy shall be from the same District, as such District is constituted at the
time of the appointment or election.
(b) The following shall apply to filling vacancies in the office of Mayor:
(1) If the position of Mayor becomes vacant more than forty-five (45) days prior to the next
regular election, the Mayor Pro Tem shall become Acting Mayor, and the Council shall
elect a new Mayor Pro Tem. Both the Acting Mayor and Mayor Pro Tem shall serve until
the next regular election, at which time the office of Mayor shall be filled by the electors
for a new term, and the Acting Mayor and Mayor Pro Tem shall resume their duties as
Councilmembers for the remainder of their unexpired terms of office, if any. The vacancy
on the Council created by the Mayor Pro Tem assuming the office of Mayor shall be filled
in accordance with the provisions of Section 18(a) above.
(2) If the position of Mayor becomes vacant within the forty-five (45) days prior to any regular
election, the duties of the Mayor shall be immediately assumed by the Mayor Pro Tem,
who shall serve as Acting Mayor until said regular election, at which time the office of
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Mayor shall be filled by the electors for a new term. Pending the election and the
commencement of the term of the newly elected Mayor, the Council shall consist of six (6)
members, and the Council shall elect an interim Mayor Pro Tem. After the election, the
Acting Mayor and Interim Mayor Pro Tem shall resume their duties as Councilmembers
for the remainder of their unexpired terms of office, if any.
(3) Nothing herein shall preclude the Mayor Pro Tem or any Councilmember from standing for
election to the office of Mayor.
Art. IV, Sec. 5: Records to be public.
All city records shall be available for public inspection, subject only to reasonable restrictions.
Upon payment of a reasonable fee, a copy or a certified copy of any city record shall be furnished
by the custodian thereof. A certified copy of any city record shall be prima facie evidence of its
contents.
Art. VIII, Sec. 8: Campaign contributions.
The Council will act by ordinance to establish a limit on the amount that any person or entity may
contribute in support of a candidate for Council on the ballot at any city election.
No political party or city employee, directly or indirectly, and no public service corporation, nor any
other person, firm or corporation, owning, interested in, or intending to apply for any franchise or
contract with the city may contribute or expend any money or other valuable thing, directly or
indirectly, to assist in the election or defeat of any candidate.
Art. IV, Sec. 7: Publication.
Whenever legal notice or other publication is required by this Charter, or by ordinance, rule, or
regulation, such notice shall be published at least once in a local newspaper of general circulation
in the city, which is devoted to dissemination of news of a general character, unless a different
form of notice is specified in this Charter or in the ordinance, rule, or regulation requiring the
notice.
Art. II, Sec. 6 Ordinances, publication, effective date.
The Council shall act by ordinance, resolution, or motion. The ayes and nays shall be recorded
on the passage of all ordinances, resolutions, and motions. Every Councilmember present shall
vote; if a member fails to vote when present, he or she shall be recorded as voting in the
affirmative. All legislative enactments and every act creating, altering, or abolishing any agency
or office, fixing compensation, making an appropriation, authorizing the borrowing of money,
levying a tax, establishing any rule or regulation for the violation of which a penalty is imposed, or
placing any burden upon or limiting the use of private property, shall be by ordinance, which shall
not be so altered or amended on the final passage as to change the original purpose.
All ordinances, except the annual appropriation ordinance and any ordinance making a general
codification of ordinances, shall be confined to one (1) subject which shall be clearly expressed
in the title. All ordinances shall be formally introduced at a regular or special Council meeting in
written or printed form by any member of the Council and considered on first reading and action
taken thereon. No ordinance, except an emergency ordinance, shall be finally passed on the first
reading or at the meeting at which it is first introduced. An emergency ordinance may be formally
introduced at a special Council meeting and action taken thereon, including final passage at such
special meeting. Reading of an ordinance shall consist only of reading the title thereof, provided
that copies of the full ordinance proposed shall have been available in the office of the City Clerk
at least forty-eight (48) hours prior to the time such ordinance is introduced for each member of
the City Council, and for inspection and copying by the general public, and provided further that
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any member of the City Council may request that an ordinance be read in full at any reading of
the same, in which case such ordinance shall be read in full at such reading. Final passage of all
ordinances except emergency ordinances shall be at a regular Council meeting. Emergency
ordinances shall require for passage the affirmative vote of at least five (5) members of the Council
and shall contain a specific statement of the nature of the emergency. No ordinance granting any
franchise or special privilege which involves a benefit to any private person or entity shall ever be
passed as an emergency ordinance.
The enacting clause of all ordinances passed by the Council shall be as follows: "Be it ordained
by the Council of the City of Fort Collins."
Art IV, Sec 3 Residency requirements.
Directors of a city service area or a group of city service areas, deputy city managers, and
assistant city managers shall reside within the Fort Collins Urban Growth Area during their tenure
in office, but need not reside within the Fort Collins Urban Growth Area prior to their appointment.
City department heads may live outside the Urban Growth Area during their tenure in office, but
only if their places of residence are within five miles of the city limits, as measured by a straight
line connecting the parcel of property upon which the residence is situated to the nearest
boundary line of the city. City department heads appointed prior to March 6, 1985, shall not be
subject to this residency requirement.
Art V, Sec. 6 Maximum mill levy.
The mill levy shall not exceed fifteen (15) mills on each dollar of assessed valuation of taxable
property within the city for all purposes. Any mill levy in excess of the fifteen (15) mills aforesaid
shall be absolutely void as to the excess and it shall be unlawful for the Assessor to extend and
for the Treasurer to collect any such excess.
Art V, Sec.19.3 Revenue securities.
(a) The city, by Council action and without an election, may issue securities made payable
solely from revenues derived from the operation of the project or capital improvement acquired
with the securities' proceeds, or from other projects or improvements, or from the proceeds of any
sales tax, use tax or other excise tax, or solely from any source or sources or any combination
thereof other than ad valorem taxes of the city.
(b) The Council may, by ordinance, establish any one or more of the city's water, wastewater,
storm drainage or electrical utilities as an enterprise of the city. The Council may also, by
ordinance, authorize any such city-owned enterprise, acting by and through the Council, sitting
as the board of the enterprise, to issue its own revenue bonds or other obligations (including
refunding securities) on behalf of the city, which revenue bonds or other obligations shall be
payable solely from the net revenues (including special assessments) derived from the operation
of the enterprise. Such revenue bonds or other obligations may be additionally secured by
mortgages on or security interests in any real or personal property of the city used in the operation
of the enterprise. Such revenue bonds or other obligations shall be issued by ordinance of the
board of the enterprise, adopted in the same manner and subject to referendum to the same
extent as ordinances of the Council.
The Council shall not appoint any persons other than its own members to serve on the board of
the enterprise or delegate to any other person or entity the powers reserved to the board of the
enterprise hereunder. Neither shall the Council authorize the board of the enterprise to acquire,
construct or install or hold title to or dispose of any city-owned property used in the operation of
the enterprise, to impose or adjust rates, fees, tolls or charges for the use of any such property or
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for any service or commodity furnished by the enterprise, to levy special assessments or to
exercise any power reserved to the Council or other city officials by this Charter or otherwise
(other than the power to issue revenue bonds and other obligations).
Art. XIV Transitional provisions.
Section 1. - Purpose and status of this article.
The purpose of this Article is to provide an orderly transition from the Commission form of
government of the city to the Council-Manager form of government under provisions of this
Charter and to prevent the impairment of any contractual relationships between the city and
the beneficiaries of any retirement plans of the city in effect on the effective date of this Charter
or the owners of any municipal bonds of the city then outstanding. This Article shall constitute
a part of the Charter only to the extent and for the time required to accomplish that purpose.
Section 2. - Transitional period.
The period from the effective date of this Charter to April 12, 1955, shall be known as the
transitional period. During the transitional period the former Charter of the City shall remain in
effect, except that for the purpose of nominating and electing members of the Council, or filling
vacancies thereon, Article VIII of this Charter shall be immediately operative. This Charter
shall be fully operative at the close of the transitional period.
Section 3. - Retirement plans.
This Charter shall not affect any contractual relationships existing on the effective date of this
Charter between the city and any officers or employees by reason of any retirement plans
then in effect.
Section 4. - Outstanding and authorized bonds.
The provisions of this Charter shall not affect municipal bonds outstanding on the effective
date of this Charter. Failure to observe requirements of the former Charter, as amended,
governing city elections shall not invalidate any bonds authorized at any election held prior to
the effective date of this Charter. Bonds authorized at an election held prior to the effective
date of this Charter may be issued in accordance with the provisions of this Charter and when
so issued shall be the lawful and binding obligations of the city in accordance with their import.
Section 5. - Saving clause.
This Charter shall not affect any suit pending in any court on the effective date of its adoption.
Nothing in this Charter shall invalidate any existing contracts between the city and individuals,
corporations, or public agencies.
Art. IV, Sec. 9 (b)(1)(a): Conflicts of interest, sales to the City.
(b) Rules of conduct concerning conflicts of interest.
(1) Sales to the city. No officer or employee, or relative of such officer or employee, shall have
a financial interest in the sale to the city of any real or personal property, equipment,
material, supplies or services, except personal services provided to the city as an officer
or employee, if:
a. such officer or employee is a member of the Council;
Art IV, Sec. 9 (b)(2): Conflicts of interest, sales to the City.
(b) Rules of conduct concerning conflicts of interest.
(2) Purchases from the city. No officer, employee or relative shall, directly or indirectly,
purchase any real or personal property from the city, except such property as is offered
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for sale at an established price, and not by bid or auction, on the same terms and
conditions as to all members of the general public.
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Special Legal Counsel
Geoff Wilson
Delynn Coldiron
City Clerk
Sara Arfmann and Jenny Lopez Filkins
City Attorney’s Office
City Charter Update
and Modernization
Project
01-28-25
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Council Priority to Modernize and Update City Charter
Resolution 2024-024, Adopted a 2024-2026 Council
Priority to Modernize and Update the City Charter:
Modernize and Update the City Charter
Although small parts of the Charter get reviewed and
updated on a regular basis, due to changes in state laws
and election procedures, there is a need to modernize and
update the City Charter, which has not been done in a
comprehensive way in over 25 years.
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3
Questions for Council
•What feedback do Councilmembers have about proposed
grouping and prioritizing of amendments?
•What feedback do Councilmembers have about specific
provisions?
•What feedback do Councilmembers have about the number of
ordinances or groupings of ballot questions to be presented at
the Council’s April 1, 2025, meeting?
•What feedback do Councilmembers have about any of the potential cleanup or clarification items identified?
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Topics for Discussion
A.Reformatting for Ease of Reading and Replacing Outdated or
Unclear Language
B.Suggested Topical Grouping and Prioritizing for Presentation to
Voters
C.Specific Provisions Identified for More Discussion at December
10,2024 Work Session
D.Number of Ordinances or Groupings of Ordinances to be
Presented to Voters for November 2025 Election
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Reformatting and Replacing Outdated or Unclear Language
•Staff recommends reformatting and replacing language in
any portion of the Charter presented for consideration for
amendment.
•What is Council’s feedback to staff’s recommendation to:
1)Reformat for ease of reading and clarity?
2)Replacing outdated language for gender neutrality
and eliminating unclear uses of the term “shall”?
•Alternatively, a ballot question seeking authorization to
make these changes throughout the Charter would be
needed.
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6
GROUP/PRIORITY ONE: corrections that reflect Council’s
intent and ensure uniformity throughout Charter.
Article X, Sec. 2 (e)(1) Initiative –63 days to 77 days
Article IX, Sec. 2 (e)(2) Recall -% of first choice votes
cast
Article VIII, Sec. 7 (a) Qualifications protest –align
timelines with newly revised Article VIII
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Suggested Topical Grouping and Prioritizing for Presentation to Voters
GROUP/PRIORITY TWO: align with amended law and
remove inconsistencies.
Art. II, Sec. 11 –allow Council to hold executive
sessions for list of purposes identified in state law
Art. II, Sec. 18 –align with state law re timeline with
filling an open Council seat and clarify Council appoints
replacement officeholder unless appointment is too late
to allow for candidates to seek nomination for the office
at next regular election. If too late, appointment
delayed to time new Council sworn in (continued)
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Suggested Topical Grouping and Prioritizing for Presentation to
Voters
GROUP/PRIORITY TWO (cont’d): align with amended
law and remove inconsistencies.
Art. IV, Sec. 5 –align language about availability of
City records with state law
Art. VIII, Sec. 8 –align restrictions on Council
campaign contributions with federal and state
constitutions and statutes (note:Council may want to
discuss whether to combine or separate this
amendment from others)
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Suggested Topical Grouping and Prioritizing for Presentation to
Voters
GROUP/PRIORITY THREE: modernize publication requirements
to ensure more efficient notice to the public.
Art. IV, Sec. 7 –whenever legal notice or other publication
is required
Art. II, Sec. 6 –publication of ordinances, remove
Councilmember’s option to request that ordinance be read
in full during Council meeting
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Suggested Topical Grouping and Prioritizing for Presentation to
Voters
GROUP/PRIORITY FOUR: modernizing conflicts of interest.
Art IV, Sec. 9 (b)(1)a. –modernize exceptions regarding financial conflict
for councilmembers and their family when selling property to the City in
specific circumstances
Art IV, Sec. 9 (2) –modernize language to clarify that staff can rent or
lease City property in specific circumstances (not critical due to
ordinance approved by City Council to exclude housing agreements
where an employee is required to live as a condition of City
employment)
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Suggested Topical Grouping and Prioritizing for Presentation to
Voters
GROUP/PRIORITY FIVE: vacancies created by meeting
absences.
Art II, Sec. 18 –clarification or exceptions added to rule that a Council
seat is vacated when a member fails to attend meetings for sixty
consecutives days
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Suggested Topical Grouping and Prioritizing for Presentation to
Voters
GROUP/PRIORITY SIX: repeal provisions made unnecessary due
to changes in law or circumstances.
Art. IV, Sec. 3 –residency requirements refer to department heads hired
prior to March 6, 1986 and no such department heads exist
Art. V, Sec. 6 –maximum mill levy –dead-letter after TABOR
Art. V, Sec. 19.3 –revenue securities –dead-letter after TABOR
Art. XIV transitional provisions –gave effect to prior Charter until April
12, 1955
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Discussion About Specific Provisions
Additional Council discussion requested at last work session:
Campaign contributions
Council seat vacancy due to meetings absences
Publication provisions for legal notice, other forms of
publication and publication of ordinances
Conflicts of interest, sales to the City by both
Councilmembers and employees
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Discussion About Specific Provisions
Campaign contributions:
Option 1: Confidential and policy-level employees are prohibited
from contributing to Council campaigns, and continue to prohibit
contributions from parties, corporations, and persons except as
required under federal and state constitutions and state statutes
Option 2: Confidential and policy-level employees are prohibited
from contributing to Council campaigns, and separately prohibit
contributions by any political party, plus prohibit contributions by any
other party, except as required by law
Option 3: Same for employees plus remove prohibitions on political
parties completely from Charter and address restrictions via Council
ordinance, plus maintain limits on contributions from all other parties
except as required by law
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Discussion About Specific Provisions
Council seat vacancy due to meetings absences:
Add clarification that canceled meetings are excluded
from the 60-day period
Council cancels meetings by resolution rather than
motion and excuses a Councilmember from attendance
with the resolution
Change to specific number of missed meetings in 12-
month period
Clarify that 60-day period begins on the date of the first
missed meeting
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Discussion About Specific Provisions
Publication provisions –legal notices, other publications and
ordinances:
Only on City website
On City website, posted at City Hall or Library or both
Maintain requirement as is, no Charter change (website
and local newspaper)
Remove both types of publication from Charter and
address in City Code, using one of the listed options
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Discussion About Specific Provisions
Conflicts of interest, sales to City:
Provision currently prohibits any Councilmember or
employee from having a financial interest in the sale to the
City of any real property
City may need property owned by Councilmember or
employee
Add exception “except where City needs a particular real
property to carry out City purposes or projects or elects to
exercise its power of eminent domain”
General requirements for conflicts disclosure and recusal
from decision-making remain in place
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Discussion About Specific Provisions
Conflicts of interest, purchases from the City:
Provision currently prohibits any employee from
purchasing any real property from the City except where
such property is offered to public on similar terms
The City requires some employees to reside on site for
their work. They have housing agreements allowing them
to pay rent at less than market value where their job
duties require them to live on site (rangers, caretakers)
To clarify the limit, add exception “property is leased to
an employee for reasons beneficial to the City and related
to their employment”
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Number of Ordinances or Groupings of Ordinances to be
Presented
Staff seeks Council feedback about the number of ordinances
or topical groupings of ordinances to be presented to City
Council.
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Questions for Council
•What feedback do Councilmembers have about proposed grouping
and prioritizing of amendments?
•What feedback do Councilmembers have about specific provisions?
•What feedback do Councilmembers have about the number of
ordinances or groupings of ballot questions to be presented at the
Council’s April 1, 2025, meeting?
•What feedback do Councilmembers have about any of the potential cleanup or clarification items identified?
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