HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/20/2025Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, May 20, 2025
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
May 20, 2025 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Delynn Coldiron
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of May 18-24, 2025 as EMS Week
PP 2. Declaring the Week of May 25-31, 2025 as Flood Awareness Week
PP 3. Declaring the Month of May 2025 as Asian, Pacific Islander, Desi American and Native
Hawaiians Heritage Month
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
C)PLEDGE OF ALLEGIANCE
D)ROLL CALL
E)CITY MANAGER'S AGENDA REVIEW
•City Manager Review of Agenda
•Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F)COMMUNITY REPORTS - None.
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
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• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments
on a particular agenda item during general public comment, that speaker will not also be entitled
to speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain
and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the May 6, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the May 6, 2025 Regular meeting.
2. Second Reading of Ordinance No. 074, 2025, Appropriating Unanticipated Philanthropic
Revenue, Appropriating Prior Year Reserves and Authorizing Transfer of Appropriations
for Various Gifts Received Through City Give.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, requests an
appropriation of $42,325 in philanthropic revenue received through City Give. These
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miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
3. Second Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant Funds for the Fort Collins Police Services Traffic Enforcement Unit.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, appropriates $20,000 of
unplanned revenue from the Colorado Department of Transportation (CDOT) for Police Services
to conduct the Click It Or Ticket program.
4. Second Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of
Federal Emergency Management Administration’s Building Resilient Infrastructure and
Communities Program Grant Funds and Authorizing Transfers for the Nature-Based
Solutions Plan and Stormwater Park Concept Plan Project.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, enables the City to
receive and expend federal funds for the Nature-Based Solutions Plan and Stormwater Park
Concept Plan Project (Project). The Colorado Division of Homeland Security and Emergency
Management, through the Colorado Department of Public Safety (CDPS), awarded the City of
Fort Collins $398,431 of unanticipated revenue to develop the Project. This award is part of the
Federal Emergency Management Administration’s (FEMA’s) Building Resilient Infrastructure and
Communities (BRIC) 2023 program, with the $398,431 awarded to the City being federal funds.
The City has a required cost share of $245,641 that will be met through City staff time. City staff
time will be used through the life of the grant funded Project, from 2025 through October 23, 2027.
Based on City staff time being part of annual ongoing fund budgets, the City will utilize budgets
as appropriated by City Council each annual fiscal year associated with such City staff time to
meet the required cost share requirement of this grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize
nature-based solutions and natural habitat design standards in their neighborhood developments
in Fort Collins. The purpose of this item is to support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the
Community Development and Neighborhood Services operating budget in the General fund into
this grant Project for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the
Stormwater Engineering operating budget in the Stormwater fund into this grant Project for staff
time.
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant
Project for staff time.
This item authorizes the Mayor to accept the grant funds and to commit the City to comply with
the terms and conditions of the intergovernmental grant agreement.
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5. Second Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and
Approving the Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins, Colorado, Downtown Development Authority Governing the Use of a Line of Credit
for the Financing of Downtown Development Authority Projects and Programs and
Delegating to the Downtown Development Authority Thereunder the Power to Incur Debt
in Relation Thereto as Authorized by State Law.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, approves an ordinance
to authorize the Mayor to sign an intergovernmental agreement between the City and Downtown
Development Authority (DDA) that will govern the processes for administering a line of credit for
financing DDA projects and programs for a six-year term from 2025 through 2030 and a maximum
pre-draw limit of $5 million. This item was previously approved by Ordinance No. 040, 2025;
however, the Exhibits A, B, and C-1 to C-5 attached to and part of the intergovernmental
agreement were not included in the meeting packet on March 18, 2025, for the second
reading of the Ordinance. The only changes on this item for its approval and replacement
of Ordinance No. 040, 2025, other than updating the dates, are the inclusion of the
intergovernmental agreement attachments.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf
of the DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to
renew this debt instrument with First National Bank of Omaha (FNBO) for another six-year term,
as it will be needed by the DDA to execute its projects and programs beginning in budget year
2025 and continuing through 2030. The renewal of the bank authorized Line of Credit is needed
by the DDA to satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for
bringing forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and
satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was
supportive of advancement of the IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s
approval of the IGA and the line of credit promissory note from First National Bank of Omaha.
The IGA is now advanced to Council and pursuant to the DDA Act requires adoption by ordinance.
6. First Reading of Ordinance No. 078, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for Broadband Buildout to Multi-Dwelling Units
and Customer Installations and Related Art in Public Places and Modifying the Terms of
Repayment for Prior Appropriations from the Light and Power Fund.
The purpose of this item is to request appropriation of $12 million of prior year reserves from the
Light & Power Fund for use in Broadband’s (herein referred to as “Connexion”) efforts to continue
new customer installations, including building out to multi-dwelling units (MDU’s) and mobile home
parks, and providing for asset management. These funds from Light & Power provide a significant
portion of the total funding need over the next 4 years and will be reimbursed to the Light & Power
Fund, including interest, from the cash flows generated by Connexion operations.
7. First Reading of Ordinance No. 079, 2025, Authorizing Transfers of Appropriations for the
Shields Street Protected Infrastructure – Lake Street to Stuart Street Project and the
Shields Street Separated Bike Lanes – Mulberry Street to Mountain Avenue Project.
The purpose of this item is to transfer Active Modes Plan Implementation funding to the Shields
Street Protected Infrastructure – Lake Street to Stuart Street and the Shields Street Separated
Bike Lanes – Mulberry Street to Mountain Avenue capital projects.
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8. First Reading of Ordinance No. 080, 2025, Making a Supplemental Appropriation of an
Additional Award from the Colorado Auto Theft Prevention Authority Grant for the Fort
Collins Police Services Property Crimes Unit.
The purpose of this item is to appropriate $19,011 of unanticipated revenue received from the
Colorado State Patrol Department of Public Safety as a modification to the previously awarded
FY 2025 BATTLE (Beat Auto Theft Through Law Enforcement) grant.
9. Items Relating to Civic Center Master Plan: Municipal Court Renovation & Parking Services
Move.
A. First Reading of Ordinance No. 081, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Parking Services Department Relocation Project and Related
Art in Public Places
B. First Reading of Ordinance No. 082, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Municipal Court Expansion Project and Related Art in Public
Places
The purpose of these items is to provide context for two related requested appropriations for
projects in the Civic Center Master Plan. The first will expand City service capacity by moving
Parking Services to the Civic Center Parking Structure in order to vacate space in the 215 North
Mason Street building to allow for the expansion of the City Municipal Court. The second
recommended appropriation provides initial construction costs for the expansion of the Municipal
Court in the 215 North Mason Street building.
Appropriation recommendations:
$450,000 from reserves in the Parking Fund to the Capital Projects Fund for the relocation of
Parking Services to the Civic Center Parking Structure
$400,000 from General Government Capital Expansion Fee reserves within the Capital
Expansion Fund for the relocation of Parking Services as a condition precedent to the Municipal
Court construction and expansion
$8,500 transfer from the Capital Projects Fund to the Art in Public Places Program in the Cultural
Services & Facilities Fund for the relocation of Parking Services.
$4,300,000 from General Governmental Capital Expansion Fee reserves within the Capital
Expansion Fund for the Municipal Court construction and expansion project
$43,000 transfer from the Capital Projects Fund to the Art in Public Places Program in the Cultural
Services & Facilities Fund for the Municipal Court construction and expansion project.
10. First Reading of Ordinance No. 083, 2025, Amending Sections 20-21 and 20-25 of the Code
of the City of Fort Collins for the Purpose of Clarifying Exceptions to the Noise Ordinance
for Agricultural Activities.
The purpose of this item is to further clarify the alignment of the municipal noise ordinance with
Colorado statutes relating to exceptions for agricultural operations.
11. First Reading of Ordinance No. 084, 2025, Designating as Non-Lapsing and Transferring
the Prior Appropriation of Philanthropic Revenue Received Through City Give by
Ordinance No. 055, 2025, for the Payment Assistance Fund.
The purpose of this item is to request that the lapsing appropriation approved by Council on its
passage of Ordinance No. 055, 2025, of $443,600 in philanthropic revenue received through City
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Give, be designated by this Ordinance as non-lapsing. These miscellaneous gifts to various City
departments support a variety of programs and services and are aligned with both the City’s
strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
12. Items Relating to the Vine Drive and Jerome Street Intersection Improvements Project.
A. Resolution 2025-057 Authorizing the Execution of an Intergovernmental Agreement Regarding
a Grant of Funds for Improvements to the Intersection of Vine Drive and Jerome Street Between
the City of Fort Collins and the Downtown Development Authority.
B. First Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Vine Drive
and Jerome Street Intersection Improvements Project and Related Art in Public Places.
The purpose of these items is to enable the City to receive and expend Downtown Development
Authority (DDA) grant funds and Urban Renewal Authority (URA) funds for the Vine Drive and
Jerome Street Intersection Improvements project (Project). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of Vine
Drive and Jerome Street. If approved, the items will: 1) authorize the Mayor to execute an
Intergovernmental Agreement (IGA) for the Project with the DDA; 2) transfer $135,200 of
Community Capital Improvement Program (CCIP) Bicycle Program funds to the Project; 3)
transfer $67,756.77 of Community Capital Improvement Program (CCIP) Pedestrian Program
funds to the Project; 4) appropriate $293,076 in URA funds to the Project; 5) transfer $146,472.87
in remaining 2050 Tax – Our Climate Future funds from previous appropriations to the Project; 6)
appropriate $144,000 of DDA grant funds to the Project; 7) appropriate $4,283.34 in
Transportation Capital Expansion Fee (TCEF) funds to the Project; 8) appropriate $87.42 of
Transportation Services Fund reserves to the Project; and 9) appropriate $4,370.76 (1%) of the
DDA grant and URA funds to the Art in Public Places (APP) program. The Conservation Trust
Fund will contribute $165,000 towards the Project as part of the 2026 annual budget process.
13. Resolution 2025-058 Approving Fort Fund Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Program Support Grant – March Deadline category, based upon the recommendations of
the Cultural Resources Board.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
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City of Fort Collins Page 7 of 9
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by
staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
14. Second Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the City
of Fort Collins for the Purpose of Repealing the 2021 International Fire Code and Adopting
the 2024 International Fire Code, with Amendments.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, repeals the 2021
International Fire Code and adopts the 2024 International Fire Code (IFC) with local amendments.
The International Code Council (ICC) publishes code updates every three years. The Poudre Fire
Authority (PFA) Board of Directors has reviewed and approved this code package and is
requesting the code be adopted as amended. Staff is requesting that Council make the
following motion to postpone Second Reading of this Ordinance to June 17, 2025, to allow
further time for the Building Review Commission to consider the proposed Code changes,
as well as the proposed amendments attached to this AIS:
Motion: “I move to postpone consideration of the Second Reading of Ordinance No. 051, 2025,
Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2021
International Fire Code and Adopting the 2024 International Fire Code, with Amendments, to June
17, 2025.”
15. Public Hearing and Resolution 2025-059 Approving a First Amendment to the Amended
and Restated Service Plan for Foothills Metropolitan District.
Per the City’s Financial Management Policy 10 – Metro Districts (the “Policy”), authorized by
Resolution 2021-045, the procedures for conducting a hearing on metropolitan district service
plan or plan amendment will be in accordance with the Council’s adopted procedures and Section
3.K. of the Policy, which sets the order of the proceedings on such a public hearing as follows:
1. Announcement of item;
2. Consideration of any procedural issues;
3. Explanation of the application by City staff;
4. Presentation by the applicant;
5. Public testimony regarding the application;
6. Rebuttal testimony by the applicant;
7. Councilmember questions of City staff and the applicant; and
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8. Motion, discussion and vote by City Council.
In 2012, the District was organized to redevelop the then existing Foothills Mall (approval of the
formation of the District and its original Service Plan by City Council was by Resolution 2012-
084). Council approved the current Amended and Restated Service Plan for the Foothills
Metropolitan District (the “District”) on May 7, 2013 (Resolution 2013-044).
Since the District’s formation and redevelopment, some of the planned activation has been
successful. However, several factors have affected the commercial leasing of all property, which
has impacted the revenues dedicated for debt service payment. To address the underperforming
aspects, MXD Fort Collins, LLC (the “Current Developer”) is currently designing a new
redevelopment plan. The First Amendment supports this new approach to redevelopment by:
1. Increasing the maximum amount of debt the District can have outstanding.
2. Extending the length of the debt the District is allowed to incur and clarifying refunding.
3. Making other changes to ensure consistency with the new redevelopment plan.
The First Amendment expands the list of eligible improvements but does not expand the list of
eligible improvements for which the City or the Fort Collins Urban Renewal Authority (the
“Authority”) are obligated to participate in or contribute revenues to finance. This item is related
to another item on the agenda, Resolution 2025-060, Approving a Development Agreement to
Secure Public Benefits for Foothills Mall Redevelopment, which, if adopted, would approve a
Public Benefits Agreement that would be effective upon the effective date of this Resolution 2025-
059.
16. Resolution 2025-060 Approving the Development Agreement to Secure Public Benefits for
the Foothills Mall Redevelopment.
The purpose of this item is to seek approval of a Development Agreement to Secure Public
Benefits for Foothills Mall Redevelopment. This item is related to another item on the agenda,
Resolution 2025-059 Approving a First Amendment to the Amended and Restated Service Plan
for Foothills Metropolitan District.
17. Items Relating to Motor Vehicle Noise.
A. First Reading of Ordinance No. 086, 2025, Adopting Section 1418, Unreasonable Vehicle
Noise Prohibited in the Fort Collins Traffic Code.
B. First Reading of Ordinance No. 087, 2025, Amending Section 17-129 of the Code of the City
of Fort Colins to Remove all Reference to Traffic Noise.
C. First Reading of Ordinance No. 088, 2025, Amending Section 225 of the Fort Collins Traffic
Code to Clarify the Different Types of Equipment Violations Related to Mufflers.
D. First Reading of Ordinance No. 089, 2025, Amending Section 1-15 of the Code of the City of
Fort Collins to Allow Some Specified Traffic Violations to be Designated as a Misdemeanor
Offense.
The purpose of these items is to present recommended changes to the City Code and Fort Collins
Traffic Code to address enforcement of unreasonable noise in the city related to Motor Vehicles.
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18. First Reading of Ordinance No. 090, 2025 Amending Section 9-23 of the Code of the City of
Fort Collins Regarding the Use of Fireworks.
The purpose of this item is to present recommended changes to the Fort Collins City Code Section
9-23 to address enforcement for violations related to fireworks.
P) RESUMED PUBLIC COMMENT (if applicable)
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
OB 2. Consideration of Motion for Executive Session for Legal Advice related to public
employee associations:
“I move that the City Council go into executive session pursuant to:
-City Charter Article Roman Numeral Two, Section 11(2),
-City Code Section 2-31(a)(2), and
-Colorado Revised Statutes Section 24-6-402 subsection (4)(b),
for the purpose of discussing with the City’s attorneys and appropriate management staff
specific legal questions related to public employee associations and the manner in which
particular policies, practices or regulations of the City related to public employee
associations may be affected by existing or proposed provisions of federal, state or local
law.”
R) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business commenced
before midnight may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to
adjournment, by majority vote, extend a meeting beyond m idnight for the purpose of considering additional items of
business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all
matters for consideration at the meeting that have not yet been considered by the Council, will be deemed continued
to the next regular Council meeting, unless Council determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited English
proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and
activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide advance notice.
Requests for interpretation at a meeting should be made by noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el
idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los
servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para
Relay Colorado). Por favor proporcione aviso previo cuando sea posible. Las solicitudes de interpretación en una
reunión deben realizarse antes del mediodía del día anterior.
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File Attachments for Item:
PP 1. Declaring the Week of May 18-24, 2025 as EMS Week
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PROCLAMATION
WHEREAS, the Emergency Medical Services (EMS) profession is a need everywhere,
responders are called to care in big cities and in small towns, in private homes, businesses, schools and
on our nation's roadways; and
WHEREAS, the members of EMS teams are ready to provide lifesaving care 24 hours a day, 7
days a week whether to the growing issues of e-scooter crashes and drug overdoses or providing CPR in
a home or basic life support after a fall off a cliff; and
WHEREAS, the roles and responsibilities of EMS workers are growing, and responders are
rising to the challenge -- from community paramedicine to preventive healthcare, they are tasked with
navigating new surroundings, mastering new technologies and continuous learning; and
WHEREAS, they are there for our community, whenever and wherever they are needed, lending
to this year’s EMS Week theme, “We Care. For Everyone;” and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sudden illness or injury; and
WHEREAS, the EMS system consists of medical technicians, paramedics, telecommunicators,
firefighters, data analysts, police officers, educators, administrators, nurses, physicians, community
members, and other out-of-hospital care providers; and
WHEREAS, it is important to recognize the value and the accomplishments of EMS providers
by designating EMS Week and celebrating their tireless work.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do hereby
proclaim the week of May 18-24, 2025, as
EMS WEEK
with the theme, “We Care. For Everyone.” I encourage the community to observe this week with
education, blood donation, and activities such as learning CPR or thanking a first responder.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 20th day of May, 2025.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk Page 11
Item PP 1.
File Attachments for Item:
PP 2. Declaring the Week of May 25-31, 2025 as Flood Awareness Week
Page 12
PROCLAMATION
WHEREAS, April to September is the season most commonly associated with snowmelt
flooding and thunderstorm flash flooding; and
WHEREAS, Fort Collins has experienced the social, economic and environmental
consequences of loss of life and damage to property caused by flood disasters; and
WHEREAS, emergency preparedness depends on the leadership and efforts of public
officials dedicated to public safety and requires the establishment of farsighted and proactive
public policy; and
WHEREAS, Fort Collins Utilities has received a Community Rating System Class 2
designation by the Federal Emergency Management Agency, recognizing the City’s
comprehensive Stormwater and Floodplain Management Program; and
WHEREAS, Fort Collins community members have benefited from past investment in
stormwater infrastructure, while additional infrastructure is still needed to continue to mitigate
flooding in areas that are not yet protected; and
WHEREAS, by being informed and prepared and taking proper protective action, the
residents of Fort Collins can reduce the potential for loss of life and damage to property when
threatened by these events.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem of the City of Fort Collins, do
hereby proclaim the week of May 25-31, 2025, as
FLOOD AWARENESS WEEK
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 20th day of May, 2025.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Page 13
Item PP 2.
File Attachments for Item:
PP 3. Declaring the Month of May 2025 as Asian, Pacific Islander, Desi American and Native
Hawaiians Heritage Month
Page 14
PROCLAMATION
WHEREAS, Asian, Pacific Islander, Desi American and Native Hawaiians, have enriched
American history for over five centuries, beginning with the arrival of the first Filipino immigrants to the
Americas in the 16th century; and
WHEREAS, Japanese immigrants arriving in 1843, Chinese laborers building the transcontinental
railroad in 1869, and Filipino farm workers partnering with Mexican American activists to form the United
Farm Workers Movement in 1965 represent a few of the countless contributions to American progress;
and
WHEREAS, diverse Asian, Pacific Islander, Desi American and Native Hawaiians immigrant and
refugee communities have formed a vital part of the American workforce, contributing significantly to the
nation's prosperity and enrich our local communities, states, and nation through contributions in the fields
of science, technology, the arts, government; and
WHEREAS, we continue to witness inspirational milestones achieved by members of these
communities, including the historic appointments and elections of leaders such as Vice President Kamala
Harris, astronaut Amanda Nguyen, and Senator Andy Kim of New Jersey; and
WHEREAS, these communities deserve equal opportunity, just treatment, and freedom from
stereotypes such as the "model minority" narrative that can mask real challenges and disparities; and
WHEREAS, the solidarity of allies standing with Asian, Pacific Islander, Desi American and
Native Hawaiians during both celebrations and challenging times fosters greater awareness and
strengthens our City’s collective commitment to inclusion, diversity, equity, and accessibility.
NOW, THEREFORE, I, Emily Francis, Mayor Pro Tem, do hereby proclaim the month of May
2025, as
ASIAN, PACIFIC ISLANDER, DESI AMERICAN AND NATIVE
HAWAIIANS HERITAGE MONTH
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins
this 20th day of May, 2025.
___________________________________
Mayor Pro Tem
ATTEST:
___________________________________
City Clerk
Page 15
Item PP 3.
File Attachments for Item:
1. Consideration and Approval of the Minutes of the May 6, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the May 6, 2025 Regular meeting.
Page 16
City Council Agenda Item Summary – City of Fort Collins Page 1 of 1
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 6, 2025 Regular meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the May 6, 2025 Regular meeting.
STAFF RECOMMENDATION
Staff recommends approval of the minutes.
ATTACHMENTS
1. Draft Minutes, May 6, 2025
Page 17
Item 1.
City of Fort Collins City Council Proceedings Page 224
May 6, 2025
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of May 11-17, 2025 as National Police Week.
PP 2. Declaring the Week of May 12-17, 2025 as Armed Forces Week.
PP 3. Declaring the Week of May 4-10, 2025 as Small Business Week.
PP 4. Declaring the Month of May 2025 as Wildfire Awareness Month.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City’s Zoom
platform.
C) PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D) ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
Page 18
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 225
E) CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
Items 1-15 on the Consent Calendar are recommended for adoption.
No Discussion Agenda.
Consideration of an Executive Session to discuss telecommunication facilities and services.
No consideration of an Executive Session regarding the Comcast Franchise as issues have
been resolved.
F) COMMUNITY REPORTS
None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Kevin Cross, Fort Collins Sustainability Group, spoke in support of a large methane user fee and noted
the City would need to take additional measures beyond those outlined in the road map that was
presented by staff in October of 2022 to meet the 2026 and 2030 climate pollution reduction goals. He
noted the large methane user fee would apply to approximately 730 facilities in the city and stated the
fee would complement and strengthen the Building Performance Standards policy. Cross provided
additional information on the benefits of a large methane user fee and electrification.
Ed Behan, Larimer Alliance for Health, Safety, and the Environment, spoke in support of a large
methane user fee. He stated the City has taken important steps that represent progress toward the
greenhouse gas emissions reduction goals; however, they do not apply to large industrial complexes
or institutional structures such as hospitals and schools. He requested Council direct staff to study the
ramifications of a large methane user fee, including analysis of how such a fee could serve to
compliment Building Performance Standards in Fort Collins. He urged Council to do what it can to
continue to protect our health and environment.
Peggy La Point, League of Women Voters of Larimer County, spoke in support of a large methane user
fee and the use of the fee dollars for incentive grants to subsidize building improvements. She stated
the League is requesting assurance that small business owners would be competitive in any process
employed for awarding those grants. Additionally, she stated the use of a large methane user fee is a
better alternative for raising revenues than requiring an across-the-board increase in residents’
franchise fees.
Geoff Taylor stated the trash hauling contract has a negative impact on his HOA’s streets and
maintenance budget as they maintain their own streets. He stated the trash hauler contract was written
with an overriding policy that negated the ability of the HOA to manage traffic on its own private roads.
He requested a formal review of the City’s policy and the return of control to HOA’s that have privately
maintained streets.
Chloe Williams noted she is a resident of a Housing Catalyst project and is disabled. She stated she
has been bullied, intimidated, and harassed by the management company for Oak 140 and discussed
abuse she suffered from maintenance staff four years ago at a different Housing Catalyst project. She
stated management staff is attempting to retaliate against her with an eviction, and she is begging to
be heard.
Page 19
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 226
Christina Swope stated she is a member of the Air Quality Advisory Board but is not speaking on its
behalf. She spoke in support of implementing a large methane user fee and stated it would help with
the City’s climate goals. She noted the City is not on track to meet its current goals and stated this fee
would complement the Building Performance Standards. She urged Council to move forward with the
study and implementation of the fee.
Adam Hirschhorn stated there is a problem in the City and the rate of living things dying on earth has
outpaced our ability to grow food. He discussed fish kills, degrading coral reefs, U.S. forests dying,
livestock (chicken and cattle) reducing in numbers, and pollinators in downturn. He requested a pilot
program along the Meridian/Centre corridor to help with these items. He stated Council must empower
youth engagement programs and have plans for food, water and necessities.
Elizabeth Hudetz noted we have air quality issues in the city and the world and spoke in support of the
large methane user fee. She stated it is a carrot to encourage businesses using exceeding amounts
to make changes to encourage smarter use of energy. She stated using the fees to make building
improvements will generate construction jobs and the fee would be a g ood complement to other City
efforts addressing greenhouse gas emissions and energy use. She encouraged the City to use the
money generated by the fee for air quality items only.
Julie Rowan-Zoch spoke in support of the large user methane fee and stated it could help companies
who are already willing to change. She also spoke in support of Ms. Williams, who spoke earlier, and
hoped the City could do something to help. Lastly, she spoke about the war in the Middle East and
urged Council to sign a ceasefire resolution.
Public comment concluded at 6:28 p.m.
H) PUBLIC COMMENT FOLLOW-UP
Councilmember Potyondy received assurance that a member of staff is working with Ms. Williams.
Councilmember Ohlson discussed the World Wildlife Fund study referenced by Mr. Hirschhorn
regarding the decline of global wildlife populations due to habitat destruction. He stated he will be
requesting Council support for initiating the study of a large methane user fee during Other Business.
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J) CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the April 15, 2025 Regular meeting.
The purpose of this item is to approve the minutes of the April 15, 2025 Regular meeting.
Approved.
2. Second Reading of Ordinance No. 070, 2025, Modifying Ordinance No. 023, 2025 with
Regard to Fund Identification for College Avenue-Trilby Road Capital Improvements.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, modifies a previous
appropriation to expense the Stormwater Utility’s share of the capital project in the Storm
Drainage Fund, as opposed to transferring stormwater funds to the Capital Project Fund as
detailed in Ordinance No. 023, 2025.
Adopted on Second Reading.
Page 20
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 227
3. Second Reading of Ordinance No. 071, 2025, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates $424,224,
of which $296,957 is proposed for Convention and Visitors Bureau, $106,056 is proposed for
Cultural Development and Programming Activities (Fort Fund), and $21,211 is proposed for
Tourism Programming (Fort Fund) all from unanticipated 2024 Lodging Tax revenue collections.
Lodging taxes are annually collected by the City for Cultural Development and Tourism
programming activities. Anticipated revenue is projected through each Budgeting for Outcomes
(BFO) cycle and then adjusted annually as needed based on final actual collections. For 2024,
total Lodging tax revenues collected came in $424,224 above projected collections.
Adopted on Second Reading.
4. Second Reading of Ordinance No. 072, 2025, Appropriating Prior Year Reserves in the
Natural Areas Fund and the Sales and Use Tax Fund for the Purpose of Land Conservation,
Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities not
included in the 2025 Adopted City Budget.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates
$6,066,078 in prior year reserves in the Natural Areas Fund and $112,957 in prior year reserves
in the Sales and Use Tax fund to be transferred to the Natural Areas Fund. These
appropriations are for land conservation, visitor amenities and restoration of wildlife habitat,
as well as other Natural Areas Department stewardship activities to benefit the residents of Fort
Collins.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 073, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Oak Street Stormwater Project and Related
Art in Public Places.
This Ordinance, unanimously adopted on First Reading on April 15, 2025, appropriates an
additional $1,515,000 appropriation from the Stormwater Utility Reserve Fund to supplement the
existing appropriated budget, including $15,000 for Art in Public Places. The Oak Street
Stormwater Project is currently under construction and progressing as planned. The additional
appropriation will fund remaining project support services as well as a minor contingency for
unanticipated costs to complete the project.
An Art in Public Places contribution, per Code, has been added to the total project supplemental
appropriation amount.
Adopted on Second Reading.
6. First Reading of Ordinance No. 074, 2025, Appropriating Unanticipated Philanthropic
Revenue, Appropriating Prior Year Reserves and Authorizing Transfer of Appropriations
for Various Gifts Received Through City Give.
The purpose of this item is to request an appropriation of $42,325 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
Page 21
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 228
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
7. First Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant Funds for the Fort Collins Police Services Traffic Enforcement Unit.
The purpose of this item is to appropriate $20,000 of unplanned revenue from the Colorado
Department of Transportation (CDOT) for Police Services to conduct the Click It Or Ticket
program.
Adopted on First Reading.
8. Items Relating to the Nature-Based Solutions Plan and Stormwater Park Concept Plan
Project.
A. Resolution 2025-049 Authorizing the Execution of an Intergovernmental Grant Agreement
Between the City of Fort Collins and the Colorado Department of Public Safety for the Nature-
Based Solutions Plan and Stormwater Park Concept Plan Project.
B. First Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of Federal
Emergency Management Administration’s Building Resilient Infrastructure and Communities
Program Grant Funds and Authorizing Transfers for the Nature-Based Solutions Plan and
Stormwater Park Concept Plan Project.
The purpose of these items is to enable the City to receive and expend federal funds for the
Nature-Based Solutions Plan and Stormwater Park Concept Plan Project (Project). The Colorado
Division of Homeland Security and Emergency Management, through the Colorado Department
of Public Safety (CDPS), awarded the City of Fort Collins $398,431 of unanticipated revenue to
develop the Project. This award is part of the Federal Emergency Management Administration’s
(FEMA’s) Building Resilient Infrastructure and Communities (BRIC) 2023 program, with the
$398,431 awarded to the City being federal funds. The City has a required cost share of $245,641
that will be met through City staff time. City staff time will be used through the life of the grant
funded Project, from 2025 through October 23, 2027. Based on City staff time being part of annual
ongoing fund budgets, the City will utilize budgets as appropriated by City Council each annual
fiscal year associated with such City staff time to meet the required cost share requirement of this
grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize
nature-based solutions and natural habitat design standards in their neighborhood developments
in Fort Collins. The purpose of this item is to support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the
Community Development and Neighborhood Services operating budget in the General fund
into this grant Project for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the
Stormwater Engineering operating budget in the Stormwater fund into this grant Project for
staff time.
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant
Project for staff time.
Page 22
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 229
This item authorizes the Mayor to accept the grant funds and to commit the City to comply with
the terms and conditions of the intergovernmental grant agreement.
Resolution Adopted.
Ordinance Adopted on First Reading.
9. First Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and
Approving the Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins, Colorado, Downtown Development Authority Governing the Use of a Line of Credit
for the Financing of Downtown Development Authority Projects and Programs and
Delegating to the Downtown Development Authority Thereunder the Power to Incur Debt
in Relation Thereto as Authorized by State Law.
The purpose of this item is to approve an ordinance to authorize the Mayor to sign an
intergovernmental agreement between the City and Downtown Development Authority (DDA) that
will govern the processes for administering a line of credit for financing DDA projects and
programs for a six-year term from 2025 through 2030 and a maximum pre-draw limit of $5 million.
This item was previously approved by Ordinance No. 040, 2025; however, the Exhibits A,
B, and C-1 to C-5 attached to and part of the intergovernmental agreement were not
included in the meeting packet on March 18, 2025, for the second reading of the Ordinance.
The only changes on this item for its approval and replacement of Ordinance No. 040, 2025,
other than updating the dates, are the inclusion of the intergovernmental agreement
attachments.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf
of the DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to
renew this debt instrument with First National Bank of Omaha (FNBO) for another six-year term,
as it will be needed by the DDA to execute its projects and programs beginning in budget year
2025 and continuing through 2030. The renewal of the bank authorized Line of Credit is needed
by the DDA to satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for
bringing forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and
satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was
supportive of advancement of the IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s
approval of the IGA and the line of credit promissory note from First National Bank of Omaha.
The IGA is now advanced to Council and pursuant to the DDA Act requires adoption by ordinance.
Adopted on First Reading.
10. Resolution 2025-050 Authorizing the Mayor to Execute a License Agreement with BNSF
Railway Company for Railroad Crossing Signal Equipment within the Public Right-of-Way
for North Timberline Road.
The purpose of this item is to authorize the execution of a License Agreement (the “License
Agreement”) for Railroad Signal Equipment covering 600 square feet (the “License Area”) located
within the boundaries of North Timberline Road at the intersection of Timberline and Vine for
BNSF Railway Company to install and operate railroad crossing signal equipment, controls, and
related infrastructure.
Adopted.
Page 23
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 230
11. Resolution 2025-051 Supporting the City’s Renewal as a Certified Bird City.
The purpose of this item is to renew Fort Collins’ designation as a Bird City. Renewal requires a
Council resolution, a public celebration of World Migratory Bird Day, and a submission of an
updated application documenting the City’s actions to support bird populations.
Adopted.
12. Resolution 2025-052 Concerning the Fort Collins Urban Renewal Authority and its Tax
Increment Revenue Refunding and Improvement Bonds (North College Tax Increment
Urban Renewal Area), Series 2025; Declaring the City Council’s Present Intent to
Appropriate Funds to Replenish the Reserve Fund Securing Such Bonds, if Necessary;
and Authorizing a Cooperation Agreement and Other Actions Taken in Connection
Therewith.
The purpose of this item is for the Council to consider a Replenishment Resolution, which both
provides a “Moral Obligation Pledge” to the Fort Collins Urban Renewal Authority (the “Authority”)
and approves a Cooperation Agreement between the City and Authority in connection with the
revenue bond issuance approved by the URA Board at its April 24, 2025, meeting.
The Authority will be issuing additional bonds against the North College projected tax increment
revenues. The bond proceeds will be used to fund the acquisition of blighted properties, support
blight remediation through redevelopment of the same properties, and invest in additional public
infrastructure. All proceeds will be expended by direction and with the approval of the Authority
board. As part of this bond issuance, the Authority is seeking a “Moral Obligation Pledge” from
the City of Fort Collins (the “City”). The pledge would result in improved bond ratings and reduced
debt service costs to the Authority.
Adopted.
13. Items Relating to Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project (Grant Award
and Services Agreement).
A. Resolution 2025-053 Authorizing the City Manager to Accept Grant Funds for Phase 2 of the
Michigan Ditch Pre-Fire Mitigation Project.
B. Resolution 2025-054 Authorizing the City Manager to Enter into an Agreement with the
Colorado State Forest Service for Phase 2 of the Michigan Ditch Pre-Fire Mitigation Project.
The purpose of these items is for Council to authorize the City Manager to: 1) accept grant funds
awarded in a grant award letter from the State of Colorado, Department of Natural Resources,
through Colorado Department of Natural Resource’s Colorado Strategic Wildfire Action Program
(“COSWAP”) (“Grant Award Letter”) and; 2) enter into an agreement with the Colorado State
Forest Service (“CSFS”) to perform certain forest health and pre-fire mitigation work (“Services
Agreement”).
Both Resolutions Adopted.
14. Resolution 2025-055 Supporting the Grant Application for Funding for Front Range
Passenger Rail Project Planning.
The purpose of this item is to obtain support for the City in applying for funding under the Colorado
Department of Local Affairs Energy and Mineral Impact Assistance Fund program.
Adopted.
Page 24
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 231
15. Resolution 2025-056 Making an Appointment to the Board of Directors of Housing Catalyst.
The purpose of this item is to fill one vacancy on the Board of Directors of Housing Catalyst that
has existed since December 31, 2024.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Potyondy, to approve the
recommended actions on items 1-15 on the Consent Calendar.
The motion carried 7-0.
K) CONSENT CALENDAR FOLLOW-UP
Councilmember Ohlson stated he was going to withdraw Item No. 8, Items Relating to the Nature-
Based Solutions Plan and Stormwater Park Concept Plan Project but instead opted to make
comments. He stated he believes the City has a historic lack of awareness, understanding, and
concern for natural surroundings and non-human habitat and is therefore skeptical of the proposal
related to this item.
Regarding Item No. 11, Resolution 2025-051 Supporting the City’s Renewal as a Certified Bird City,
Councilmember Ohlson noted bird species was a Council priority in 2021 and commented on the
number one reason for deterioration of songbird species being domestic cats. He suggested there
should be additional educational efforts regarding the impact of domestic cats and requested a staff
response. City Manager DiMartino replied the discussions have occurred several times and there has
been limited success in working with partners such as the Larimer County Humane Society. She
suggested the topic could be discussed as part of social media efforts but acknowledged there is no
organized communication campaign at this point. She stated she would regroup with the team on the
level of resourcing and options and will follow up with a memo.
Councilmember Gutowsky commented on Item No. 12, Resolution 2025-052 Concerning the Fort
Collins Urban Renewal Authority and its Tax Increment Revenue Refunding and Improvement Bonds
(North College Tax Increment Urban Renewal Area), Series 2025; Declaring the City Council’s Present
Intent to Appropriate Funds to Replenish the Reserve Fund Securing Such Bonds, if Necessary; and
Authorizing a Cooperation Agreement and Other Actions Taken in Connection Therewith, and
commended the work of the Urban Renewal Authority (URA) to help mitigate blight in the areas served
by the URA, particularly along North College.
L) STAFF REPORTS
None.
M) COUNCILMEMBER REPORTS
Councilmember Melanie Potyondy
Thanked those who recently participated in the city’s first civic assembly discussing the future of
the Hughes Stadium property. She stated the reflections were thoughtful and touching and stated
the process was a meaningful way to get a sense of the desires of the greater community.
Councilmember Tricia Canonico
Visit to Zach Elementary’s 4th graders.
Page 25
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 232
Thanked those involved with the emergency management training with the County and other
partners.
Commended the Historic Preservation Commission on hosting the 2025 Friend of Preservation
awards and congratulated the four award winners.
City Manager DiMartino introduced Caleb Weitz, the City’s new Chief Financial Officer.
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION – None.
P) RESUMED PUBLIC COMMENT (Since public comment did not exceed 90 minutes, this section was
not necessary at this meeting.)
Q) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
Councilmember Ohlson requested Council support directing staff to initiate a study of the
potential of a large methane user fee.
Mayor Pro Tem Francis questioned the depth of a study.
City Manager DiMartino suggested the prioritization of that work could be discussed at the next
work session given a full study would likely require some staff and funding resources.
Councilmember Ohlson stated he would wait until after the work session to request support
for initiating a study.
OB 2. Consideration of a motion to go into Executive Session:
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, that City Council
go into executive session:
1. to consider matters pertaining to issues of competition in providing telecommunication
facilities and services, including matters subject to negotiation, strategic plan, price, sales
and marketing, development phasing and any other related matters allowed under Colorado
Law, as permitted under Article Twelve, Section 7(d) of the City Charter and Section 2-
31(a)(5) of the City Code.
The motion carried 7-0.
Executive session ended at 7:20 p.m.
Page 26
Item 1.
May 6, 2025
City of Fort Collins City Council Proceedings Page 233
R) ADJOURNMENT
There being no further business before the Council, the meeting was adjourned at 7:20 p.m.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Page 27
Item 1.
File Attachments for Item:
2. Second Reading of Ordinance No. 074, 2025, Appropriating Unanticipated
Philanthropic Revenue, Appropriating Prior Year Reserves and Authorizing Transfer of
Appropriations for Various Gifts Received Through City Give.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, requests an
appropriation of $42,325 in philanthropic revenue received through City Give. These
miscellaneous gifts to various City departments support a variety of programs and services and
are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 28
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
Second Reading of Ordinance No. 074, 2025, Appropriating Unanticipated Philanthropic Revenue,
Appropriating Prior Year Reserves and Authorizing Transfer of Appropriations for Various Gifts
Received Through City Give.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 6, 2025, requests an appropriation of
$42,325 in philanthropic revenue received through City Give. These miscellaneous gifts to various City
departments support a variety of programs and services and are aligned with both the City’s strategic
priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver.
The City received several individual philanthropic donations in 2025 totaling $24,300 to support various
departments, and these funds are currently unappropriated. This item also requests the reappropriation of
$15,000 in philanthropic revenue for the 9-11 Memorial received through City Give in 2024 and an
administrative transfer request of $3,025 to correct the Fund noted on Ordinance No. 018, 2025, for the
gifts to the Payment Assistance Fund and demarcate them as non-lapsing. Both Section 2.5 of the City’s
Financial Management Policy 2 – Revenue, as approved by City Council, and the Administrative
Philanthropic Governance Policy 6.04, adopted by the City Manager, (together the “City Give Policies”),
provide the bases and processes for the responsible and efficient management of charitable donations to
the City.
Gifts totaling $24,300 have been received for various programs and services.
Page 29
Item 2.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
Fund Project Amount Lapsing/Non-lapsing
General Police Leaders Summit $5,000 Lapsing
General Veterans Plaza Entry sign $8,000 Lapsing
General Pollinators $2,000 Lapsing
Recreation Adaptive Recreation $300 Lapsing
Recreation Pool tables $750 Lapsing
Recreation Rainbow swim $5,225 Lapsing
Light & Power Payment Assistance Fund $25 Non-lapsing
FC Moves Open Streets $3,000 Lapsing
The respective donors have directed the City to use these generous donations for designated purposes
within and to benefit City service areas and programs.
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will: 1) appropriate in the current fiscal year into the General Fund,
Recreation Fund, Light and Power Fund, and the Transportation Fund new philanthropic revenue received
through City Give in the amount of $24,300 and authorize expenditures against those revenues for the
purposes and in the amounts as directed by donors and indicated above to support various City
departments; 2) appropriate revenue in the amount of $15,000 from philanthropic revenue held in prior
year reserves in the General Fund and authorize expenditures against those revenues for purposes of the
9-11 Memorial as directed by donors; and 3) transfer $3,025 in donated revenue (which was incorrectly
appropriated into the General Fund on Ordinance No. 018, 2025) to the Light & Power Fund and authorize
expenditures against those revenues for the purposes of the Payment Assistance program
The donations shall be expended from the designated fund solely for the donors’ directed intent. The funds
have been received and accepted per City Give Policies.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance No. 074, 2025
Page 30
Item 2.
-1-
ORDINANCE NO. 074, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED PHILANTHROPIC
REVENUE, APPROPRIATING PRIOR YEAR RESERVES AND
AUTHORIZING TRANSFER OF APPROPRIATIONS OF VARIOUS
GIFTS RECEIVED THROUGH CITY GIVE
A. The City has received generous donations in 2024 and 2025 through its City
Give program, both large and modest, as philanthropic gifts to the public and the City
programs and activities to serve the community.
B. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of supporting programs or capital
expenses throughout the city, including, but not limited to, public safety, parks and
recreation, utility payment assistance, and the 9-11 Memorial.
C. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
D. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
E. The City Manager has recommended the appropriations described in
Section 1 of this Ordinance and determined that the amount of each of these
appropriations is available and previously unappropriated from the respective funds
named in Section 1 will not cause the total amount appropriated in each such fund to
exceed the current estimate of actual and anticipated revenues to be received in th ose
funds during this fiscal year.
F. The City Manager has recommended the appropriation described in Section
2 of this Ordinance and determined that the amount of the appropriation is available and
previously unappropriated from reserves accumulated in prior years.
G. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or cap ital project in
Page 31
Item 2.
-2-
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
H. The City Manager has recommended the transfer of $3,025 from the
General Fund to the Light & Power Fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds, a federal, state or private grant or
donation, that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the donation or the
City’s expenditure of all funds received from such donation .
J. The City Council wishes to designate the appropriation herein for the
donations to the Payment Assistance Fund as appropriations that shall not lapse until the
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such donation.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from the following funds these amounts
of philanthropic revenue received in 2025 to be expended as designated by the donors in
support of the various City programs and services as described in the Agenda Item
Summary.
Section 2. There is hereby appropriated from the following funds these amounts
of philanthropic revenue held in prior year reserves to be expended as designated by the
donors in support of the various City programs and services as described in the Agenda
Item Summary.
Section 3. The unexpended and unencumbered appropriated amount of
THREE THOUSAND TWENTY-FIVE DOLLARS ($3,025) is authorized for transfer from
the General Fund to the Light & Power Fund and appropriated therein to be expended for
the Payment Assistance Fund.
General Fund $ 15,000
Recreation Fund $ 6,275
Light and Power Fund, donation to the
Payment Assistance Fund $ 25
Transportation Services Fund $ 3,000
General Fund $ 15,000
Page 32
Item 2.
-3-
Section 4. The appropriation herein for the donations to the Payment
Assistance Fund are hereby designated, as authorized in Article V, Section 11 of the City
Charter, as appropriations that shall not lapse at the end of this fiscal year but until the
earlier of the expiration of the donation or the City’s expenditure of all funds received from
such donation.
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Dianne Criswell
Page 33
Item 2.
File Attachments for Item:
3. Second Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant Funds for the Fort Collins Police Services Traffic Enforcement Unit.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, appropriates $20,000
of unplanned revenue from the Colorado Department of Transportation (CDOT) for Police
Services to conduct the Click It Or Ticket program.
Page 34
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Brandon Barnes, Police Special Operations, Corporal
David Lindsay, Police Special Operations, Sergeant
Joanne Cech, Fiscal Recovery Manager
SUBJECT
Second Reading of Ordinance No. 075, 2025, Making a Supplemental Appropriation of Colorado
Department of Transportation Colorado Highway Safety Office Click It or Ticket Grant Funds for
the Fort Collins Police Services Traffic Enforcement Unit.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 6, 2025, appropriates $20,000 of
unplanned revenue from the Colorado Department of Transportation (CDOT) for Police Services to conduct
the Click It Or Ticket program.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
The Fort Collins Police Services (FCPS) Traffic Enforcement Unit was awarded a Click It or Ticket (CIOT)
federal grant through the Colorado Department of Transportation Highway Safety Office (HSO) on March
26, 2025. The Click It or Ticket grant program (the Program) provides enforcement focused on driver and
passenger restraint system use. The Program runs three enforcement cycles during the following
timeframes in 2025: April 7 – April 13; May 12 – June 1; and July 21 – August 1. During these three
enforcement cycles officers are deployed to conduct traffic enforcement and specifically to enforce driver
and passenger restraint use. The enforcement of driver and passenger restraint system use aligns with the
City of Fort Collins Vision Zero goal to reduce and/or eliminate serious injury and fatal crashes. Driver and
passenger restraint systems have proven to save lives by keeping the restrained passengers inside the
vehicle in the event of a serious collision. According to CDOT, “Since Click It or Ticket was introduced in
Colorado in 2002, statewide seat belt use has increased from 72% to 88%.” The Program covers the period
from April 1, 2025, through September 30, 2025. The Police Department will utilize the grant funds to cover
personnel costs for implementing this program.
CITY FINANCIAL IMPACTS
The item appropriates $20,000 in program costs for the FCPS Traffic Enforcement Unit and other agency
personnel to deploy at their respective salary overtime rates during the three enforcement waves of Click
It or Ticket.
Page 35
Item 3.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
An executed grant agreement is not required for this award. The state has issued the Fort Collins Police
Department a $20,000 purchase order, and the award begins when Police Services requests
reimbursement against that purchase order.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance No. 075, 2025
Page 36
Item 3.
-1-
ORDINANCE NO. 075, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF COLORADO
DEPARTMENT OF TRANSPORTATION COLORADO HIGHWAY
SAFETY OFFICE CLICK IT OR TICKET GRANT FUNDS FOR
THE FORT COLLINS POLICE SERVICES TRAFFIC
ENFORCEMENT UNIT
A. On March 26, 2025, Fort Collins Police Services (“FCPS”) Traffic
Enforcement Unit was awarded a grant through the Colorado Department of
Transportation (HSO) Click It or Ticket program, which is a grant program that provides
high visibility enforcement focusing on enforcement of driver and passenger restraint
system use.
B. The Program runs three enforcement cycles starting in April, May, and July
of 2025. During these three enforcement cycles officers are deployed to conduct traffic
enforcement and specifically to enforce driver and passenger restraint use. The
enforcement of driver and passenger restraint system use aligns with the City of Fort
Collins Vision Zero goal to reduce and/or eliminate serious injury and fatal crashes.
C. The item appropriates $20,000 in unanticipated funds received through this
grant to help cover program costs for the FCPS Traffic Enforcement Unit and other
agency personnel to deploy at their respective salary overtime rates during the three
enforcement periods of Click It or Ticket.
D. Driver and passenger restraint systems have proven to save lives by
keeping the restrained passengers inside the vehicle in the event of a serious collision.
According to CDOT, “Since Click It or Ticket was introduced in Colorado in 2002,
statewide seat belt use has increased from 72% to 88%.” The Program covers the period
from April 1, 2025, through August 1, 2025.
E. The Police Department will utilize the grant funds to cover personnel costs
for implementing this program.
F. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of saving lives through education
and enforcement measures.
G. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
Page 37
Item 3.
-2-
H. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
I. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not la pse at the end of the fiscal year in which
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
J. The City Council wishes to designate the appropriation herein for the
Colorado Department of Transportation, Colorado Highway Safety Office Click It or Ticket
Grant as an appropriation that shall not lapse until the earlier of the expiration of the grant
or the City’s expenditure of all funds received from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of TWENTY THOUSAND DOLLARS ($20,000) to be expended in
the General Fund for the Fort Collins Police Services Traffic Enforcement Unit.
Section 2. The appropriation herein for the Colorado Department of
Transportation, Colorado Highway Safety Office Click It or Ticket Grant is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but con tinue until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant.
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Dawn Downs
Page 38
Item 3.
File Attachments for Item:
4. Second Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of
Federal Emergency Management Administration’s Building Resilient Infrastructure and
Communities Program Grant Funds and Authorizing Transfers for the Nature-Based
Solutions Plan and Stormwater Park Concept Plan Project.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, enables the City to
receive and expend federal funds for the Nature-Based Solutions Plan and Stormwater Park
Concept Plan Project (Project). The Colorado Division of Homeland Security and Emergency
Management, through the Colorado Department of Public Safety (CDPS), awarded the City of
Fort Collins $398,431 of unanticipated revenue to develop the Project. This award is part of the
Federal Emergency Management Administration’s (FEMA’s) Building Resilient Infrastructure
and Communities (BRIC) 2023 program, with the $398,431 awarded to the City being federal
funds. The City has a required cost share of $245,641 that will be met through City staff time.
City staff time will be used through the life of the grant funded Project, from 2025 through
October 23, 2027. Based on City staff time being part of annual ongoing fund budgets, the City
will utilize budgets as appropriated by City Council each annual fiscal year associated with such
City staff time to meet the required cost share requirement of this grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize
nature-based solutions and natural habitat design standards in their neighborhood
developments in Fort Collins. The purpose of this item is to support development of the Project
by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the
Community Development and Neighborhood Services operating budget in the General fund into
this grant Project for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the
Stormwater Engineering operating budget in the Stormwater fund into this grant Project for staff
time.
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant
Project for staff time.
This item authorizes the Mayor to accept the grant funds and to commit the City to comply with
the terms and conditions of the intergovernmental grant agreement.
Page 39
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Kirk Longstein, Senior Environmental Planner, Community Development and Neighborhood Services
Joanne Cech, Recovery Manager, Grants Administration
SUBJECT
Second Reading of Ordinance No. 076, 2025, Making a Supplemental Appropriation of Federal
Emergency Management Administration’s Building Resilient Infrastructure and Communities
Program Grant Funds and Authorizing Transfers for the Nature-Based Solutions Plan and
Stormwater Park Concept Plan Project.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 6, 2025, enables the City to receive and
expend federal funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project
(Project). The Colorado Division of Homeland Security and Emergency Management, through the
Colorado Department of Public Safety (CDPS), awarded the City of Fort Collins $398,431 of unanticipated
revenue to develop the Project. This award is part of the Federal Emergency Management Administration’s
(FEMA’s) Building Resilient Infrastructure and Communities (BRIC) 2023 program, with the $398,431
awarded to the City being federal funds. The City has a required cost share of $245,641 that will be met
through City staff time. City staff time will be used through the life of the grant funded Project, from 2025
through October 23, 2027. Based on City staff time being part of annual ongoing fund budgets, the City
will utilize budgets as appropriated by City Council each annual fiscal year associated with such City staff
time to meet the required cost share requirement of this grant.
Grant funds will enable the City in developing plans to support developers who seek to utilize nature-based
solutions and natural habitat design standards in their neighborhood developments in Fort Collins. The
purpose of this item is to support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s BRIC program;
Utilizing matching funds in the amount of $85,378 from existing 2025 appropriations in the Community
Development and Neighborhood Services operating budget in the General fund into this grant Project
for staff time;
Utilizing matching funds in the amount of $11,841 from existing 2025 appropriations in the Stormwater
Engineering operating budget in the Stormwater fund into this grant Project for staff time.
Utilizing matching funds in the amount of $5,957 from existing 2025 appropriations in the
Communications and Public Involvement operating budget in the General Fund into this grant Project
for staff time.
This item authorizes the Mayor to accept the grant funds and to commit the City to comply with the terms
and conditions of the intergovernmental grant agreement.
Page 40
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
This Project seeks to find a predictable solution for developers who wish to overlay natural habitat
protection zoning standards, nature based landscape designs and naturalized stormwater facilities. The
purpose of this Project is to create a comprehensive master plan that integrates Nature-Based Solutions
(NbS) to enhance stormwater management at the neighborhood level and protect ecologically significant
features identified by the Land Use Code and buffered from development.
The intent of the Project is to find an engineering and landscape design solution that enhances
neighborhoods in Fort Collins with a harmonious blend of nature, fostering a sense of place, environmental
stewardship, and community well-being. Through the integration of nature-based solutions and natural
habitat design standards, staff envision increased community benefit from future development scenarios.
Specifically, through:
Alignment of stormwater management design criteria and natural habitat buffer zones (NHBZs)
established by Citywide policy, codes and standards.
Added value from Utilities infrastructure and enhanced public benefit from developer requirements.
NbS and NHBZs providing improved water quality, improved stormwater runoff, and recharging
groundwater resources.
Council has specifically approved policies, work plan items, Land Use Code updates, stormwater criteria,
and priorities that this Department of Homeland Security FEMA BRIC award and the Project are in
furtherance of. The Project aligns with the following Council outcome areas and priorities:
Economic Health: Reliable infrastructure for electricity, water, wastewater and flood protection is
critical to ensure community resiliency amidst a changing climate;
Environmental Health: Sustain the health of the Cache la Poudre River and regional watersheds while
delivering a resilient, economically responsible and high-quality water supply for all Fort Collins
residents; and
Council Priority: Protect Community Water Systems in an Integrated Way to Ensure Resilient Water
Resources and Healthy Watersheds.
On Friday, April 4, 2025, CDPS received information from FEMA that this BRIC grant is already
awarded/obligated by FEMA. The FEMA guidance confirms that some communities are still working
toward full execution of the state/sub-recipient grant agreement, which does not impact already awarded
federal funds.
CITY FINANCIAL IMPACTS
This item appropriates $398,431 to support the costs for the Nature Based Solutions Plan and Stormwater
Park Concept Plan Project, from:
$398,431 from unanticipated revenue from the Colorado Department of Public Safety through
Department of Homeland Security, FEMA;
Additionally, required cost share in the amount of $85,378, $11,841 and $5,957 have already been
appropriated in the 2025 General Fund and 2025 Stormwater Fund, respectively. These funds will be
transferred from the 2025 Community Development and Neighborhood Services Department operating
budget within the General Fund, the Utilities Stormwater Department operating budget in the Stormwater
Page 41
Item 4.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
Fund, and the Communications and Public Involvement operating budget within the General Fund to the
grant funded Project (for staff time). This serves to support proper tracking of personnel time in meeting
the City’s required cost share.
City staff time will be used in subsequent year 2026.The City will request Council in 2026 to transfer the
value of City staff time in 2026 from the operating (lapsing) budget of both the General Fund, and the
Stormwater Fund, to the non-lapsing grant Project.
The award under FEMA’s BRIC program is a reimbursement type award, meaning General Fund expenses
will be reimbursed up to $398,431.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
The Project team is planning to establish a variety of avenues for community members to share requests,
inquiries, concerns and input. This flow of information is most effective when it works both ways and the
team is planning to foster this connection at each step.
The approach to public engagement is informed by the methods and best practices created by the
International Association for Public Participation (IAP2)—their principles also helped to develop the
Project’s milestones. Project team staff are trained through IAP2, and we constantly research and connect
with other communities to learn about new ideas. We work closely with CSU's Center for Public
Deliberation, professional trade organizations, non-governmental organizations and community partners
to help us better connect with impacted stakeholders. The team is excited to start its public engagement
with a presentation to the Land Conservation and Stewardship Board, along with affordable housing
providers. Prior to presenting a final deliverable, the Project team will ensure any future recommendations
align with a balanced community perspective.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance No. 076, 2025
Page 42
Item 4.
- 1 -
ORDINANCE NO. 076, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF FEDERAL
EMERGENCY MANAGEMENT ADMINISTRATION’S BUILDING
RESILIENT INFRASTRUCTURE AND COMMUNITIES PROGRAM
GRANT FUNDS AND AUTHORIZING TRANSFERS FOR THE
NATURE-BASED SOLUTIONS PLAN AND STORMWATER PARK
CONCEPT PLAN PROJECT
A. The purpose of this item is to enable the City to receive and expend federal
funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project
(the “Project”).
B. The Project seeks to find a predictable solution for developers who wish to
overlay natural habitat protection zoning standards, nature based landscape designs and
naturalized stormwater facilities in their neighborhood developments in Fort Collins. The
purpose of this Project is to create a comprehensive master plan that integrates Nature -
Based Solutions (“NbS”) to enhance stormwater management at the neighborhood level
and protect ecologically significant features identified by the Fort Collins Land Use Code
and buffered from development.
C. The intent of the Project is to find an engineering and landscape design
solution that enhances neighborhoods in Fort Collins with a harmonious blend of nature,
fostering a sense of place, environmental stewardship, and community well-being.
Through the integration of nature-based solutions and natural habitat design standards,
staff envision increased community benefit from future development scenarios through:
Alignment of stormwater management design criteria and natural habitat buffer
zones (“NHBZs”) established by Citywide policy, codes and standards;
Added value from Utilities infrastructure and enhanced public benefit from
developer requirements; and
NbS and NHBZs provide improved water quality, stormwater runoff, and
recharge groundwater resources.
D. The Colorado Division of Homeland Security and Emergency Management,
through the Colorado Department of Public Safety (“CDPS”), awarded the City of Fort
Collins $398,431 of unanticipated revenue to develop the Project and has proposed an
intergovernmental grant agreement with the City.
E. This award is part of the Federal Emergency Management Administration’s
(“FEMA’s”) Building Resilient Infrastructure and Communities (“BRIC”) 2023 program.
The $398,431 award is federal funds. The City has a required cost share of $245,641 that
will be met through City staff time. City staff time will be used through the life of the gra nt
funded Project, from 2025 through October 23, 2027. Based on City staff time being part
of annual ongoing fund budgets, the City will use budgets as appropriated by City Council
each annual fiscal year associated with such City staff time to meet the re quired cost
share requirement of this grant.
Page 43
Item 4.
- 2 -
F. Grant and cost share funds will support development of the Project by:
Appropriating $398,431 of unanticipated revenue awarded through FEMA’s
BRIC program;
Using matching funds in the amount of $85,378 from existing 2025
appropriations in the Community Development and Neighborhood Services
operating budget in the General Fund into this grant Project for staff time;
Using matching funds in the amount of $11,841 from existing 2025
appropriations in the Stormwater Engineering operati ng budget in the
Stormwater fund into this grant Project for staff time ;
Using matching funds in the amount of $5,957 from existing 2025
appropriations in the Communications and Public Involvement operating
budget in the General Fund into this grant Project for staff time; and
Using City staff time in subsequent year 2026 by requesting Council in 2026 to
transfer the value of City staff time in 2026 from the operating (lapsing) budget
of both the General Fund and the Stormwater Fund to the non -lapsing grant
Project.
G. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
H. The City Manager has recommended the appropriations described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the General Fund and that this appropriation will not cause the total
amount appropriated in the General Fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this Fund during this fiscal year.
I. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
J. The City Manager has recommended the transfer of $85,378 from the
Community Development and Neighborhood Services operating budget to the General
Fund Grant Project budget, $11,841 from the Stormwater Engineering operating budget
to the Stormwater Fund Grant Project budget, and $5,957 from the Communications and
Public Involvement operating budget to the General Fund Grant Project budget and
Page 44
Item 4.
- 3 -
determined that the purpose for which the transferred funds are to be expended remains
unchanged.
K. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant,
that such appropriation shall not lapse at the end of the fiscal year in which the
appropriation is made, but continue until the earlier of the expiration of the federal, state
or private grant or the City’s expenditure of all funds received from such grant.
L. The City Council wishes to designate the appropriation herein of the CDPS
BRIC grant funds for the Nature-Based Solutions Plan and Stormwater Park Concept
Plan Project as an appropriation that shall not lapse until the earlier of the expiration of
the grant or the City’s expenditure of all funds received from such grant.
M. These appropriations benefit the public health, safety, and welfare of the
residents of Fort Collins and serve the public purposes of facilitating design, developing
predictable solutions, and improving the City’s natural habitats and landscapes and
stormwater infrastructure relating to neighborhood development.
N. City Council has specifically approved policies, work plan items, Land Use
Code updates, stormwater criteria, and priorities that this FEMA BRIC award and the
Project are in furtherance of. The Project aligns with the following Council outcome areas
and priorities:
Economic Health: Reliable infrastructure for electricity, water, wastewater and
flood protection is critical to ensure community resiliency amidst a changing
climate;
Environmental Health: Sustain the health of the Cache la Poudre River and
regional watersheds while delivering a resilient, economically responsible and
high-quality water supply for all Fort Collins residents; and
Council Priority: Protect Community Water Systems in an Integrated Way to
Ensure Resilient Water Resources and Healthy Watersheds.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of THREE HUNDRED NINETY-EIGHT THOUSAND FOUR
HUNDRED THIRTY-ONE DOLLARS ($398,431) to be expended in the General Fund for
the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project.
Section 2. The unexpended and unencumbered appropriated amount of
EIGHTY-FIVE THOUSAND THREE HUNDRED SEVENTY-EIGHT DOLLARS ($85,378)
is authorized for transfer from the Community Development and Neighborhood Services
operating budget to the General Fund Grant Project budget and appropriated therein to
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Item 4.
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be expended for matching funds for the Nature-Based Solutions Plan and Stormwater
Park Concept Plan Project.
Section 3. The unexpended and unencumbered appropriated amount of
ELEVEN THOUSAND EIGHT HUNDRED FORTY-ONE DOLLARS ($11,841) is
authorized for transfer from the Stormwater Engineering operating budget to the
Stormwater Fund Grant Project budget and appropriated therein to be expended for
matching funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan
Project.
Section 4. The unexpended and unencumbered appropriated amount of FIVE
THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS ($5,957) is authorized for
transfer from the Communications and Public Involvement operating budget to the
General Fund Grant Project budget and appropriated therein to be expended for matching
funds for the Nature-Based Solutions Plan and Stormwater Park Concept Plan Project.
Section 5. The appropriation herein for the CDPS BRIC grant funds for the
Nature-Based Solutions Plan and Stormwater Park Concept Plan Project is hereby
designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation
that shall not lapse at the end of this fiscal year but continue until the earlier of the
expiration of the grant or the City’s expenditure of all funds received from such grant .
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Heather N. Jarvis
Page 46
Item 4.
File Attachments for Item:
5. Second Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and
Approving the Intergovernmental Agreement Between the City of Fort Collins and the
Fort Collins, Colorado, Downtown Development Authority Governing the Use of a Line of
Credit for the Financing of Downtown Development Authority Projects and Programs and
Delegating to the Downtown Development Authority Thereunder the Power to Incur Debt
in Relation Thereto as Authorized by State Law.
This Ordinance, unanimously adopted on First Reading on May 6, 2025, approves an ordinance
to authorize the Mayor to sign an intergovernmental agreement between the City and Downtown
Development Authority (DDA) that will govern the processes for administering a line of credit for
financing DDA projects and programs for a six-year term from 2025 through 2030 and a
maximum pre-draw limit of $5 million. This item was previously approved by Ordinance No.
040, 2025; however, the Exhibits A, B, and C-1 to C-5 attached to and part of the
intergovernmental agreement were not included in the meeting packet on March 18, 2025 ,
for the second reading of the Ordinance. The only changes on this item for its approval
and replacement of Ordinance No. 040, 2025, other than updating the dates, are the
inclusion of the intergovernmental agreement attachments.
The current Line of Credit (LOC) established in 2012 and renewed in 2018 by the City on behalf
of the DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to
renew this debt instrument with First National Bank of Omaha (FNBO) for another six-year term,
as it will be needed by the DDA to execute its projects and programs beginning in budget year
2025 and continuing through 2030. The renewal of the bank authorized Line of Credit is needed
by the DDA to satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for
bringing forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and
satisfy compliance with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was
supportive of advancement of the IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s
approval of the IGA and the line of credit promissory note from First National Bank of Omaha.
The IGA is now advanced to Council and pursuant to the DDA Act requires adoption by
ordinance.
Page 47
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Matt Robenalt, Executive Director, Downtown Development Authority
Kristy Klenk, Finance & HR Manager, Downtown Development Authority
Adam Halvorson, Sr Analyst, Treasury, City of Fort Collins
SUBJECT
Second Reading of Ordinance No. 077, 2025, Replacing Ordinance No. 040, 2025, and Approving
the Intergovernmental Agreement Between the City of Fort Collins and the Fort Collins, Colorado,
Downtown Development Authority Governing the Use of a Line of Credit for the Financing of
Downtown Development Authority Projects and Programs and Delegating to the Downtown
Development Authority Thereunder the Power to Incur Debt in Relation Thereto as Authorized by
State Law.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 6, 2025, approves an ordinance to
authorize the Mayor to sign an intergovernmental agreement between the City and Downtown
Development Authority (DDA) that will govern the processes for administering a line of credit for financing
DDA projects and programs for a six-year term from 2025 through 2030 and a maximum pre-draw limit of
$5 million. This item was previously approved by Ordinance No. 040, 2025; however, the Exhibits A,
B, and C-1 to C-5 attached to and part of the intergovernmental agreement were not included in the
meeting packet on March 18, 2025, for the second reading of the Ordinance. The only changes on
this item for its approval and replacement of Ordinance No. 040, 2025, other than updating the
dates, are the inclusion of the intergovernmental agreement attachments.
The current Line of Credit (LOC) established in 2012 and r enewed in 2018 by the City on behalf of the
DDA expired at the end of 2024. The City and DDA began taking steps in early 2024 to renew this debt
instrument with First National Bank of Omaha (FNBO) for another six-year term, as it will be needed by the
DDA to execute its projects and programs beginning in budget year 2025 and continuing through 2030.
The renewal of the bank authorized Line of Credit is needed by the DDA to satisfy compliance with C.R.S.
§ 31- 25-807(3)(a)( II).
On November 6, 2024, the Council Finance Committee reviewed the purpose and approach for bringing
forth a third IGA to accommodate the DDA’s authorization to use a Line of Credit and satisfy compliance
with C.R.S. § 31- 25-807(3)(a)( II). The Council Finance Committee was supportive of advancement of the
IGA to Council.
On February 13, 2025, the DDA Board adopted Resolution 2025-02 authorizing the DDA’s approval of the
IGA and the line of credit promissory note from First National Bank of Omaha. The IGA is now advanced
to Council and pursuant to the DDA Act requires adoption by ordinance.
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
FIRST READING BACKGROUND / DISCUSSION
Title 31, Article 25, part 8, Colorado Revised Statues and Chapter 2, Article IV, Division 1 of the City Code
(the “DDA Statute”) has inherent processes that require the City and the DDA to work collaboratively to
achieve the purpose of the legislation. Among these expected collaborations is the process for financing
DDA activities. In 2012, Council adopted Ordinance No. 089, 2012, and the City and DDA established a
line of credit (LOC) with First National Bank to satisfy the statutory requirement to generate proceeds from
debt to be used by the DDA to execute its projects and programs and implement the DDA’s Plan of
Development. The tax increment revenues are generated each year by the increase in property values
within the boundaries of the DDA and the DDA Statutes require that those revenues be applied towards
debt, and it is the proceeds from the debt that is technically used to fund projects and programs of the DDA.
In 2018, Council adopted Ordinance No. 066, 2018, to renew the LOC for another six-year term from 2019
to 2024 year end. This LOC expired at the end of 2024. The DDA and City began taking steps in 2024 to
renew this debt instrument with First National Bank for another six-year term, as it will be needed by the
DDA to execute its projects and programs beginning in budget year 2025.
Additionally, in 2012, Council approved Resolution 2012-081 and the DDA and City created an
intergovernmental agreement (“2012 IGA”) that established the process by which the two organizations
would:
Initiate requests for a draw from the LOC
Verify tax increment revenue cash available to repay the debt
Account for the loan proceeds released from the LOC, and
Execute repayment with tax increment within 7 days of the initial LOC draw
A second Intergovernmental Agreement Governing a Line of Credit for Financing Downtown Development
Authority Projects and Programs was approved by City Council by Resolution 2018-046 to reflect the terms
of the renewed LOC (“2018 IGA”).
What is New for 2025?
In 2023, Senate Bill 23-175 (“SB23-175”) was signed into law, amending state law to provide a new
hybridized option for meeting the statutory requirements for financing the projects and programs of
downtown development authorities. SB23-175 authorizes downtown development authorities to incur debt
to be repaid by tax increment revenues if an intergovernmental agreement is in place between the
municipality and the downtown development authority. Prior to SB23-175, the statute required that all debt
issued for the benefit of the development authority be exclusively the debt of the municipality.
Many of the downtown development authorities in Colorado use the same line of credit financing approach
as the Fort Collins DDA and City of Fort Collins. Because the approach has some steps that amount to
busy-work for municipal finance staff, there was wide support to create an option to transfer much of the
administrative burden to development authorities by allowing them to incur their own debt, pursuant to
SB23-175.
To implement the authority granted by SB23-175, the staff of the City and the DDA began discussions as
the 2018 IGA term ended on the steps necessary to establish a new line of credit. Staff also conferred with
legal counsel serving the DDA and the City, as well as the bank thr ough which the previous line of credit
was issued, First National Bank. Based on these discussions, staff and legal counsel have drafted a third
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
intergovernmental agreement to clearly define the scope of authority being delegated to the DDA and to
establish the necessary procedural steps between the City, DDA and bank.
The draft 2025 intergovernmental agreement (the “2025 IGA”) and the line of credit loan promissory note
from First National Bank of Omaha were approved by the DDA Board on February 13, 2025. The 2025 IGA
has now advanced to Council for approval. This schedule for adoption is several months ahead of when
the City will receive the distribution of the 2025 tax increment revenues from the County Treasurer that
would be applied to pay off any draws from a new line of credit established pursuant to the 2025 IGA, and
this timing is supportive of the DDA's cashflow timing needs for projects it will be funding in 2025.
The purpose of this item is to correct an omission from the second reading meeting packet of Ordinance
No. 040, 2025. This Ordinance and the 2025 IGA attached hereto as Exhibit “A”, if approved, will replace
Ordinance No. 040, 2025 and the version of 2025 IGA which was attached thereto Exhibit “A”. On March
18, 2025, the version of the 2025 IGA before Council on second reading of Ordinance No. 040, 2025, was
not complete because Exhibits A, B, and C-1 to C-5 attached to and part of the 2025 IGA were not included
in the meeting packet. Other than changing the dates of action on and effective dates of this Ordinance
and the proper inclusion of Exhibits A, B, and C-1 to C-5 to the 2025 IGA, this Ordinance, the 2025 IGA
attached thereto as Exhibit “A”, and other explanatory and supporting materials (including this Agenda Item
Summary) are the same as those presented to Council for its consideration on second reading and final
passage of Ordinance No. 040, 2025 on March 18, 2025.
CITY FINANCIAL IMPACTS
When the DDA and City began using the LOC financing approach in 2012, it provided benefits and positive
impacts over the much more expensive forms of financing such as issuance of traditional revenue bonds,
certificates of participation, or private-placement financing with banks and other investors. Using the LOC
approach to finance DDA projects and programs results in a significantly shorter period of time in which
the debt incurs interest. The savings on financing costs means that more funding is available to invest
directly into projects and programs in the downtown, and less is spent on finance fees and interest
expenses.
DDA staff analyzed the savings from this approach used between 2012-2024 against that of the other forms
of traditional financing used by the City and DDA in the past. The financial savings is significant. Since
2012, the LOC total interest and financing fees for $46,758,242 of principal debt was $19,006. In contrast,
the total interest and finance fees for the City/DDA financing approach that traditionally used certificates of
participation and private placement bonds for $15,279,063 of principal debt was $3,412,065.
Other benefits and positive impacts using the LOC include:
Strong expression of fiduciary stewardship of public funds;
Recognition that investment of tax increment funds, derived from property tax assessments of
overlapping tax entities, creates positive growth in assessed value and thereby increased the value of
the property tax base for all overlapping entities. (82% of the DDA tax increment comes from tax entities
other than the City such as Larimer County and Poudre School District who benefit financially from the
DDA’s automatic share back of tax increment and the rising value of base assessed valuation in the
district);
Funding partnerships of the DDA undertaken with the City and private sector require no cost of capital
charges assessed to the projects because the DDA has found a very inexpensive method to finance
its debt used to support these partnerships; and
Every draw made on the LOC is paid off within seven (7) days, which means no effect at the end of the
calendar year on the City’s fund balance or City Annual Comprehensive Financial Report, in which the
DDA’s finances are reported.
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Item 5.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At its November 6, 2024 meeting, the Council Finance Committee was supportive of bringing the 2025 IGA
forward to accommodate the renewal of the bank authorized Line of Credit to be used by the DDA and
satisfy compliance with C.R.S. §31-25-807(3)(a)(II).
DDA Board
At its regular meeting on February 13, 2025, the DDA Board of Directors adopted Resolution 2025-02,
recommending to the Fort Collins City Council the renewal of a Line of Credit with First National Bank of
Omaha for a six (6) year period with a maximum per-draw limit of five million dollars ($5,000,000) to be
placed in the Downtown Development Authority’s Financing Activity Fund for expenditure on certain
projects and programs in accordance with the Downtown Development Authority Plan of Development and
the approval of the Intergovernmental Agreement governing the Line of Credit.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance No. 077, 2025
2. Exhibit A to Ordinance
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Item 5.
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ORDINANCE NO. 077, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPLACING ORDINANCE NO. 040, 2025, AND
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND THE FORT
COLLINS, COLORADO, DOWNTOWN DEVELOPMENT
AUTHORITY GOVERNING THE USE OF A LINE OF CREDIT FOR
THE FINANCING OF DOWNTOWN DEVELOPMENT AUTHORITY
PROJECTS AND PROGRAMS AND DELEGATING TO THE
DOWNTOWN DEVELOPMENT AUTHORITY THEREUNDER THE
POWER TO INCUR DEBT IN RELATION THERETO AS
AUTHORIZED BY STATE LAW
A. On April 21, 1981, City Council approved Ordinance No. 046, 1981 to
establish the Fort Collins, Colorado, Downtown Development Authority (“DDA”), pursuant
to the provisions of Title 31, Article 25, part 8, Colorado Revised Statutes and Chapter 2,
Article IV, Division 1 of the City Code (the “DDA Statute”).
B. The DDA Statute requires that the organization of downtown development
authorities will serve a public use; promote the health, safety, prosperity, security, and
general welfare of the inhabitants thereof and of the people of this state; halt or prevent
deterioration of property values or structures within central business districts; halt or
prevent the growth of blighted areas within such districts; and assist municipalities in the
development and redevelopment of downtowns and in the overall planning to restore or
provide for the continuance of the health thereof.
C. The primary means of financing DDA projects and programs is through a
property tax increment collected within the DDA boundaries, and C.R.S. § 31-25-
807(3)(a)(II) requires that the City or DDA must incur some form of debt in order to finance
such projects and programs of the DDA using property tax increment revenues collected
within the DDA boundaries.
D. The property tax revenues of the DDA, once distributed to the City by
Larimer County, Colorado, are deposited into an account held by the City (the “DDA Debt
Service Fund”).
E. On October 15, 2012, the City and the DDA entered into an
intergovernmental agreement to establish a line of credit drawn from the account in which
property tax increment revenues were deposited in order to finance DDA projects and
programs with a six-year term (the “2012 IGA”).
F. On September 19, 2018, the City and the DDA entered into a second
intergovernmental agreement to extend agreement for another six-year term and to
increase the per-draw line of credit to $5,000,000 (the “2018 IGA”).
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Item 5.
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G. Effective August 7, 2023, C.R.S. § 31-25-807(3)(a)(II) was amended by
Senate Bill 23-175 to provide that a city, pursuant to an intergovernmental agreement
with a downtown development authority and approved by city ordinance, may delegate to
a downtown development authority the power to incur loans or indebtedness or obtain
advances and to pledge tax increment money for the payment of any loans, advances, or
indebtedness.
H. The City desires to delegate to the DDA the power to incur such
indebtedness by establishing a line of credit with First National Bank of Omaha on the
same general terms as the City under the 2012 IGA and 2018 IGA (the “DDA Line of
Credit”), as authorized by C.R.S § 31-25-807(a)(3)(II), as amended, which will allow for
the shifting of certain administrative burdens related to the financing of DDA projects and
programs from the City to the DDA, which is beneficial to the City and which the DDA is
willing and able to perform.
I. In order to update and replace the line of credit arrangement established in
the 2018 IGA, and to shift the administrative burden related to the financing of DDA
operations from the City to the DDA, staff of the City and the DDA have negotiated a new
intergovernmental agreement regarding the financing of DDA projects and programs
using the DDA Line of Credit, in the form attached hereto as Exhibit “A” (the “2025 IGA”),
which has a term of six years and provides for a maximum per-draw limit of five million
dollars.
J. The Board of Directors of the DDA, through the adoption of Resolution
2025-02, has expressed its willingness to perform the administrative burdens of financing
its operations, as described in the 2025 IGA, and recommends to the City Council
approval of the 2025 IGA.
K. A line of credit established by the DDA with a financial institution, as
authorized by the City under the 2025 IGA, meets the requirements of C.R.S. § 31-25-
807(3)(a)(II), as amended, and the costs and interest associated with such a line of credit
are much lower than would be the case with other types of financing.
L. A line of credit does not create a multi-fiscal year direct or indirect debt or
financial obligation on the part of the City or the DDA within the meaning of Colorado
Constitution Article X, Section 20 or any other constitutional or statutory provision.
M. It is in the best interests of both the City and the DDA to reduce financing
costs of DDA project and programs to preserve the maximum amount of property tax
increment revenues for DDA projects and programs within its boundaries.
N. The City is authorized to enter into intergovernmental agreements to
provide any function, service, or facility under Article II, Section 16 of the Charter of the
City of Fort Collins and C.R.S. § 29-1-203, and the City desires to enter into the 2025
IGA.
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Item 5.
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O. This Ordinance and the 2025 IGA attached hereto as Exhibit “A” replaces
Ordinance No. 040, 2025 and the version of 2025 IGA which was attached thereto Exhibit
“A”. The version of the 2025 IGA before Council on second reading of Ordinance No.
040, 2025 was not complete because Exhibits A, B, and C-1 to C-5 attached to and part
of the 2025 IGA were not included in the meeting packet. Other than changing the dates
of action on and effective dates of this Ordinance and the proper inclusion of Exhibits A,
B, and C-1 to C-5 to the 2025 IGA, this Ordinance, the 2025 IGA attached thereto as
Exhibit “A”, and other explanatory and supporting materials are the same as those
presented to Council for its consideration on second reading and final passage of
Ordinance No. 040, 2025, on March 18, 2025.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to execute the 2025 IGA on behalf
of the City in substantially the form attached hereto as Exhibit “A”, and incorporated in by
this reference with such modifications as the City Manager, in consultation with the City
Attorney, determines to be necessary and appropriate to protect the interests of the City
or effectuate the purposes of this Ordinance.
Introduced, considered favorably on first reading on May 6, 2025, and approved
on second reading for final passage on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Dianne Criswell
Page 54
Item 5.
THIRD INTERGOVERNMENTAL AGREEMENT
GOVERNING A LINE OF CREDIT FOR FINANCING
DOWNTOWN DEVELOPMENT AUTHORITY
PROJECTS AND PROGRAMS
This INTERGOVERNMENTAL AGREEMENT (“IGA”) is entered into this _____ day
of _______________, 2025, by and between the FORT COLLINS, COLORADO DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the “DDA”) and the CITY OF
FORT COLLINS, COLORADO, a Colorado municipal corporation (the “City”).
WITNESSETH:
WHEREAS, the DDA has been created pursuant to the provisions of Title 31, Article 25,
part 8, Colorado Revised Statutes, and Chapter 2, Article IV, Division 1 of the City Code (the
“DDA Statute”); and
WHEREAS, the DDA Statute has declared that the organization of downtown development
authorities will serve a public use; promote the health, safety, prosperity, security, and general
welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration
of property values or structures within central business districts; halt or prevent the growth of
blighted areas within such district, and assist municipalities in the development and redevelopment
of downtowns and in the overall planning to restore or provide for the continuance of the health
thereof; and
WHEREAS, the DDA provides an invaluable service to the City by promoting the health,
safety, prosperity, security and general welfare of those living and working within its boundaries;
and
WHEREAS, pursuant to C.R.S. § 31-25-808(1)(f), the DDA is empowered to enter into
contracts with governmental agencies and public bodies in furtherance of the statutory mission of
the DDA; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council of the
City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services or enter into cooperative or joint
activities with other governmental bodies; and
WHEREAS, the primary means of financing DDA projects and programs is through the
use of property tax increment collected within the DDA boundaries, and C.R.S. §31-25-
807(3)(a)(II) requires that the City or DDA incur some form of debt in order to finance such
projects and programs using property tax increment revenues collected within the DDA
boundaries; and
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 55
Item 5.
WHEREAS, such property tax increment revenues, once remitted to the City by Larimer
County, Colorado, are deposited into an account held by the City (the “DDA Debt Service Fund”);
and
WHEREAS, on October 15, 2012, the parties entered in that certain agreement entitled
“Intergovernmental Agreement Governing a Line of Credit for Financing Downtown
Development Authority Projects and Programs” which established a line of credit to finance
certain DDA projects and programs and defined the process for use of such line of credit (the
“2012 IGA”); and
WHEREAS, the 2012 IGA had a term of six (6) years and expired on December 31, 2018;
and
WHEREAS, on September 19, 2018, the parties entered in that certain agreement entitled
“Second Intergovernmental Agreement Governing a Line of Credit for Financing Downtown
Development Authority Projects and Programs” which extended the term of the line of credit
established under the 2012 IGA and increased the per-draw limit under the line of credit to
$5,000,000 (the “2018 IGA”); and
WHEREAS, the 2018 IGA had a term of six (6) years and expired on December 31, 2024;
and
WHEREAS, under both the 2012 IGA and the 2018 IGA, the line of credit was established
between the City and First National Bank of Omaha (“First National Bank”) through execution of
a line of credit agreement and promissory note, consistent with the DDA Statute, which at the time
required that the City incur the debt necessary to finance DDA projects and programs using
property tax increment revenues under C.R.S. § 31-25-807(3)(a)(II); and
WHEREAS, effective August 7, 2023, C.R.S. § 31-25-807(3)(a)(II) was amended by
Senate Bill 23-175 to provide that a city, pursuant to an intergovernmental agreement with a
downtown development authority, approved by ordinance of the city, may delegate to a downtown
development authority the power to incur loans or indebtedness or obtain advances and to pledge
tax increment money for the payment of any loans, advances, or indebtedness; and
WHEREAS, the City, under this IGA, desires to delegate to the DDA the power to incur
the indebtedness evidenced by the line of credit agreement and promissory note, and related
assignment of deposit account, described in Section 2 below, which will allow for the shifting of
certain administrative burdens related to the financing of DDA operations from the City to the
DDA, which is beneficial to the City and which the DDA is willing and able to perform; and
WHEREAS, the parties desire to enter into this IGA for the purpose of replacing the line
of credit established under the 2012 IGA and the 2018 IGA, for a term of six (6) years, on the same
general terms and conditions contained in the 2012 IGA and the 2018 IGA, except as described
above and as depicted on Exhibit B (“Exhibit B” being defined and described in Section 3.4
below); and
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
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Item 5.
WHEREAS, a line of credit established by the DDA with a financial institution, as
authorized by the City pursuant to this IGA, meets the requirements of C.R.S. § 31-25-
807(3)(a)(II), as amended, and the costs and interest associated with such a line of credit are much
lower than would be the case with other types of financing; and
WHEREAS, it is in the best interests of both the DDA and the City to reduce financing
costs of DDA projects and programs in order to preserve the maximum amount of property tax
increment revenues for DDA projects and programs within its boundaries.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
as hereafter provided and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the parties agree as follows:
1.TERM.
The term of this IGA shall commence upon execution by the parties and continue through
December 31, 2030 (“Term”), unless earlier terminated by mutual agreement.
2.LINE OF CREDIT.
Attached hereto as Exhibit A, and incorporated herein by reference, is a copy of the
Promissory Note and Agreement, and related Assignment of Deposit Account (collectively, the
“LOC Agreement”), between the DDA and First National Bank establishing an annual revolving
line of credit, renewable each fiscal year of the Term for the benefit of the DDA, and which, in
addition to other terms and conditions for its use, provides for a maximum per-draw limit of Five
Million Dollars ($5,000,000) (the “Line of Credit”).
3.REQUIREMENTS FOR DRAWS ON LINE OF CREDIT.
Any draw on the Line of Credit by the DDA during the Term shall be in accordance with
all of the following requirements:
3.1 The DDA Board shall annually adopt a resolution approving its budget and shall
adopt a resolution recommending the City Council of the City appropriate DDA monies to fund
the DDA budget; and
3.2 The City Council of the City shall annually approve the DDA budget and by
ordinance appropriate funds therefor, including funds for debt service for the Line of Credit and
expenditure of the Line of Credit proceeds, as applicable; and
3.3 Any draw on the Line of Credit shall be used only to pay the costs of DDA projects
and programs approved in the annual DDA budget and for which funds have been appropriated by
the City; and
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 57
Item 5.
3.4 The sequence of steps for drawing on the line of credit shall be as depicted in the
flowchart contained in Exhibit B, attached hereto and incorporated herein by reference; and
3.5 At least fourteen (14) days prior to any draw on the Line of Credit, the DDA’s
Executive Director shall determine and report to the City’s Chief Financial Officer the current
level of total debt that has at that time been issued under the existing voter authorization for DDA
debt and further shall verify and report to the City’s Chief Financial Officer that there are sufficient
tax increment monies in the DDA’s Debt Service Fund to replenish the Line of Credit in the
amount of the draw and the interest cost. The DDA’s Executive Director shall supply the City’s
Chief Financial Officer with documentation supporting such determinations and reporting, with
examples of the documentation to be supplied being depicted in Exhibits C-1 through C-5,
attached hereto and incorporated herein by reference. The DDA shall also notify the City’s Chief
Financial Officer of the date on which the DDA intends to make a draw request. The City’s Chief
Financial Officer shall review such information and documentation reported, and shall promptly
notify the DDA of any errors or deficiencies identified; and
3.6 The DDA shall have the authority to request any draw on the Line of Credit
consistent with the LOC Agreement and this IGA; provided, however, that the DDA shall make
no draw on the Line of Credit in excess of available debt authorization, available tax increment
monies, or which would result in the repayment of the Line of Credit after the then fiscal year. The
DDA shall notify the City’s Chief Financial Officer of any draw request no later than twenty-four
(24) hours after making any such request; and
3.7 At the time of a draw request by the DDA, the City’s Chief Financial Officer shall
initiate such action as is necessary to repay the draw using funds from the DDA’s Debt Service
Fund within seven (7) business days of the DDA’s receipt of the draw, such that the Line of Credit
is fully replenished to its Five Million Dollars ($5,000,000) limit of available credit within seven
(7) business days of receipt of each such draw; and
3.8 Upon receipt from First National Bank, the DDA shall transfer the proceeds from
the related Line of Credit draw into the City-held DDA Financing Activity Fund, and the City’s
Chief Financial Officer shall cause such funds to be available to the DDA.
4.EARLY TERMINATION
In the event that for any reason the Line of Credit is terminated, the parties agree that
they will work together in good faith to secure another line of credit that meets the purposes
of this IGA, subject to such City Council and DDA Board approval as may be required. In
such event, any such new letter of credit shall be subject to the provisions of, but shall not
require an amendment to, this IGA. The parties acknowledge that the tax increment funds that
comprise the DDA’s Debt Service Fund are held in a First National Bank account owned by the
City and that, under the section of the LOC Agreement entitled “Conditions Precedent to an
Advance,” the City must continue to hold such funds in a First National Bank account in order for
the Line of Credit to remain in effect. In recognition thereof, the City agrees to notify the DDA, as
soon as is practicable, of any decision to change banking providers, to allow the parties sufficient
time to negotiate a replacement for the Line of Credit with the City’s new banking provider.
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 58
Item 5.
5.NOTICE.
All notices to be given to parties hereunder shall be in writing and shall be sent by certified
mail to the addresses specified below:
DDA: Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to: Joshua C. Liley
Liley Law, LLC
2627 Redwing Road, Suite 342
Fort Collins, CO 80526
CITY: City of Fort Collins
Attn: Chief Financial Officer
215 North Manson Street
Fort Collins, CO 80524
With a copy to: City of Fort Collins
Attn: City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
6.THIRD PARTY BENEFICIARIES.
This IGA shall not be construed as or deemed to be an agreement for the benefit of any
third party or parties, and no third party or parties shall have any right of action hereunder for any
cause whatsoever.
7.INTERPRETATION.
Nothing in this IGA is intended or shall be deemed or construed as creating any multiple-
fiscal year direct or indirect debt or financial obligation on the part of the City or the DDA within
the meaning of Colorado Constitution Article X, Section 20 or any other constitutional or statutory
provision.
8.GOVERNING LAW/SEVERABILITY.
The laws of the State of Colorado shall govern the construction, interpretation, execution
and enforcement of this IGA. In the event any provision of this IGA shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this IGA.
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 59
Item 5.
IN WITNESS WHEREOF, the parties have executed this IGA the day and year first above
written.
CITY OF FORT COLLINS, COLORADO,
a Colorado municipal corporation
By: ____________________________________
Jeni Arndt, Mayor
APPROVED AS TO FORM:
____________________________________
Dianne Criswell, Senior Assistant City Attorney
ATTEST:
____________________________________
Name: ___________ Title: ______________
THE FORT COLLINS, COLORADO,
DOWNTOWN DEVELOPMENT
AUTHORITY, a body corporate and politic
By: ____________________________________
David Lingle, Chair
ATTEST:
_____________________________________
Cheryl Zimlich, Secretary
EXHIBIT A TO ORDINANCE NO. 077, 2025
(IGA with its Exhibits attached)
Page 60
Item 5.
EXHIBIT
A TO IGA
*tf:##.######000000000000577812052024 *
PROMISSORY NOTE
AND
AGREEMENT
Borrower: Fort Collins, Colorado, Downtown Development
Authority Lender: First National Bank of Omaha
Branch #001
19 Old Town Square, Suite #230
Fort Collins, CO 80524
Principal Amount: $5,000,000.00
1620 Dodge Street
Omaha, NE 68197
Date of Note: February 5, 2025
THIS PROMISSORY NOTE AND AGREEMENT (the "Note") is entered into effective the Date of the Note set forth above by Borrower and
Lender identified herein. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby state and
agree as follows:
PROMISE TO PAY. Fort Collins, Colorado, Downtown Development Authority ("Borrower") promises to pay to First National Bank of Omaha
("Lender"), or order, in lawful money of the United States of America, the principal amount of Five Million & 00/100 Dollars ($5,000,000.00) or
so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance and any other fees and
charges which may be due. Interest shall be calculated from the date of each Advance until repayment of each Advance. The maturity date of
this Note shall be December 31, 2025. The maturity date of this Note will be automatically extended one year for five consecutive years,
ending December 31, 2030, so long as Borrower fully repays all outstanding Indebtedness as of each maturity date, and so long as no Event
of Default shall have occurred during the preceding year.
LINE OF CREDIT. Lender agrees to make Advances to Borrower from time to time from the date of this Note until the maturity date, provided that the
aggregate amount of such Advances outstanding at any time does not exceed the maximum principal amount of this Note. This Note evidences a
revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's accounts, may be requested either orally or in
writing by Borrower or as provided in this paragraph. Lender may, but need not, require that all oral requests be confirmed in writing. Each Advance
shall be conclusively deemed to have been made at the request of and for the benefit of Borrower when (A) advanced in accordance with the
instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. Each Advance will be deposited into a deposit account
(account number ___ __, maintained with Lender by the Borrower and pledged by Borrower as Collateral for this Note and Loan (the "Pledged
Deposit Account"). The Pledged Deposit Account shall be subject to a hold prohibiting any withdrawals from the Pledged Deposit Account until Borrower
has repaid the amount of all Advances and any other outstanding amounts payable in accordance with the terms of this Note to Lender. Upon
Borrower's satisfaction of any such payments, Lender will release the hold on the Pledged Deposit Account and Borrower shall be entitled to withdraw
any funds in the Pledged Deposit Account. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this
Note or by Lender's internal records, including daily computer print-outs.
CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement
shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth in this Note and in the Related Documents.
Loan Documents. Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender
security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) together with all such
Related Documents as Lender may require for the Loan; all in form and substance satisfactory to Lender and Lender's counsel.
Payment of Fees and Expenses. Borrower shall have paid to Lender all fees, charges, and other expenses which are then due and payable as
specified in this Note or any Related Document.
Representations and Warranties. The representations and warranties set forth in this Note, in the Related Documents, and in any document or
certificate delivered to Lender under this Agreement are true and correct.
No Event of Default. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this Note or under
any Related Document.
Deposit of Tax Increment Funds. Tax Increment Funds or cash deposits of an amount in excess of the requested Advance and any and all
outstanding and unpaid amounts of principal and interest due under this Note shall be held in the depository account (account number ending in x739)
maintained with the Lender by the City of Fort Collins, Colorado.
PAYMENT. Borrower will pay this loan according to the following payment schedule: Borrower will pay the principal amount of each Advance
made hereunder within seven (7) business days from the date of that Advance, together with interest accrued on that Advance, and any fees
and expenses owing on that Advance. In addition, on December 31st of each year, Borrower shall pay to Lender a maturity payment of all
outstanding principal, interest, and other fees and expenses which may then be due and owing to Lender under the Note. Interest will accrue
on each Advance at the Variable Interest Rate set forth below, subject to a minimum finance charge per Advance of Five Hundred and 00/100
dollars ($500.00). Unless otherwise agreed or required by applicable law, payments will be applied to interest, principal, and expenses owing
under the Note in an order determined by Lender. Borrower will pay Lender at Lender's address shown above or at such other place as
Lender may designate in writing.
VARIABLE INTEREST RA TE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is
the U.S. Prime Rate as published by the Wall Street Journal and currently is determined by the base rate on corporate loans posted by at least seventy
percent (70%) of the nation's ten (10) largest banks (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the
Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the
current Index rate upon Borrower's request. The interest rate change will not occur more often than each day during the term of the loan. Borrower
understands that Lender may make loans based on other rates as well. The Index currently is 7.500% per annum. Interest on the unpaid principal
balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate equal to the Index, adjusted if
necessary for any minimum and maximum rate limitations described below, resulting in an initial rate of 7.500% per annum based on a year of 360 days.
NOTICE: Under no circumstances will the interest rate on this Note be less than 3.000% per annum or more than the maximum rate allowed by
applicable law.
INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis; that is, by applying the ratio of the interest rate
over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding. All interest payable under this Note is computed using this method.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject
to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may
pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve
Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance
due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment,
Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to
Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the
payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a
disputed amount must be mailed or delivered to: First National Bank of Omaha, Branch #001, 1620 Dodge Street, Omaha, NE 68197.
LATE CHARGE. If a payment is 10 days or more late, Borrower will be charged 5.000% of the regularly scheduled payment or $25.00, whichever is
greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an
additional 6.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that
would have applied had there been no default. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable
law.
Page 61
Item 5.
Page 62
Item 5.
Page 63
Item 5.
Page 64
Item 5.
Page 65
Item 5.
Page 66
Item 5.
Page 67
Item 5.
EXHIBIT B TO IGA
DDA/City Line of Credit Flowchart
Larimer County Treasurer
tax increment revenue
1)DDA verifies cash available in
DDA Debt Service Fund
City
DDA 3)DDA notifies City for Loan repayment w/ tax
increment revenue
6)Proceeds transferred to DDA Financing Activity Fund
4)Loan repayment
w/ tax increment
revenue within 7
days of loan
2)LOC Draw Request Bank
5)Line of Credit Proceeds Released
DDA LOC Proceeds
Account w/Bank
Special Fund of Municipality
DDA Debt Service Fund
Fund 101823
DDA Financing Activity Fund
Fund 101215
A)Step 1 - DDA verifies cash available
in Debt Service Fund
(Responsible party: DDA)
B)Step 2 & 3 - DDA initiate loan
transfers with Bank and repayment from
City. DDA provides documentation as
verification:
• Cash Flow Statement
• Tax Warrant from LarCo Assessor
• Payment Schedule(s)
• List of Projects/Programs to be
funded
with loan
(Responsible party: DDA)
C)Step 4 - City repayment of LOC Loan
(Responsible party: City)
D)Step 5 & 6 - DDA receives proceeds
from bank, transfers proceeds to DDA
Financing Activity Fund
(Responsible party: DDA)
Page 68
Item 5.
A B C D E F G H I J K
1 Sep 2023 for FY24 Mar 2024 for FY24 Sep 2024 for FY25
2 Actuals Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast
3 Budget Year 2023 2024 2024 2025 2026 2027 2028 2029 2030 2031
FUND SOURCES
4 Debt Service Accounting/ACFR Fund Balance 243,968 263,723 187,110 257,335
5 Less: Unrealized Gain/Add: Unrealized Loss (Budget Year Only)57,774 -
6 TOTAL DEBT SERVICE CASH FUND BALANCE 243,968 263,723 244,884 257,335 254,854 233,569 270,615 307,691 357,315 406,987
7 Business Marketing and Communications Program & Gift Card Program Carryover 161,601
8 Capital Asset General Maintenance 2023 Carryover 174,307
9 Capital Asset Reserves 2023 384,583
10 TOTAL BMC, CAPITAL ASSET GENERAL MAINTENANCE & RESERVES 2023 504,158 720,491
REVENUES
11 Tax Increment 6,240,806 8,416,289 8,074,540 8,115,031 8,105,517 8,605,869 9,133,490 9,689,867 10,276,566 10,895,240
12 Plus: Woodward Tax Increment 591,248 591,248 591,248 591,248 1,075,254 1,075,254 1,075,254 1,075,254 1,075,254 1,075,254
13 Interest Revenue 52,075 0 0 0 0 0 0 0 0 0
14 TOTAL REVENUES 6,884,129 9,007,537 8,665,788 8,706,279 9,180,771 9,681,123 10,208,744 10,765,121 11,351,820 11,970,494
15 Woodward Bond Issue Debt 431,611 431,611 431,611 431,611 731,173 731,173 731,173 731,173 731,173 731,173
16 Parking Garage IGA (Old Firehouse Parking Structure)300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000
17 Housing Catalyst/FC DDA LLC Loan (Oak 140)121,869 121,869 121,869 121,869 121,869
18 Total Multi Year Reimbursements After Savings + Collections 534,254 617,431 617,264 665,760 798,524 743,119 598,042 408,918 400,859 344,082
19 TOTAL COMMITMENTS 1,387,734 1,470,911 1,470,744 1,519,240 1,951,566 1,774,292 1,629,215 1,440,091 1,432,032 1,375,255
PM FEES & BMC/GC & MAINTENANCE FUNDS
20 Project Management Fees 257,719 54,826 64,826 134,411 Developed Annually
21 DDA 5 Mill Property Tax TIF Revenue to O&M 402,056 397,699 400,030 Developed Annually
22 Business Marketing and Communications Program & Gift Card Program 350,200 107,000 318,743 328,305 338,154 348,299 358,748 369,510 380,596 392,014
23 Capital Asset General Maintenance 563,659 942,589 832,771 802,086 1,157,930 1,245,402 1,415,092 1,522,588 1,731,464 1,863,644
24 Capital Asset Reserve 306,505 444,691 449,191 395,571 419,362 523,805 486,306 637,396 514,689 510,357
25 Capital Asset Replacement Annual Program Contribution 141,695 189,300 262,900 211,200 Developed Annually
26 TOTAL PM FEES, BUSINESS MARKETING/GC, & MAINTENANCE FUNDS 1,619,778 2,140,462 2,326,130 2,271,603 1,915,447 2,117,506 2,260,146 2,529,495 2,626,749 2,766,014
27 UNCOMMITTED DISCRETIONARY FUNDS 4,437,633 5,396,033 5,576,956 4,917,919 5,335,043 5,752,280 6,282,307 6,745,912 7,243,367 7,942,478
28 FUND BALANCE 187,110 263,854 257,335 254,854 233,569 270,615 307,691 357,315 406,987 293,734
Page 1
EXHIBIT C - 1 TO IGA
Page 69
Item 5.
A B C D E F G H I J K
1 Sep 2023 for FY24 Mar 2024 for FY24 Sep 2024 for FY25
2 Actuals Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast
3 Budget Year 2023 2024 2024 2025 2026 2027 2028 2029 2030 2031
FUND BALANCE ALLOCATIONS
Reserves
29 Multi-year Reimbursements (5.5% of next year)33,950 46,400 46,400 43,919 40,872 32,892 22,490 22,047 18,925 -
30 Committed - Half of Next Year Commitments 210,935 210,935 210,935 210,935 150,000 150,000 150,000 150,000 150,000 0
31 Reserves Total 244,884 257,335 257,335 254,853 190,872 182,892 172,490 172,047 168,925 0
32 Balance - Uncommitted for following year 0 0 42,698 87,722 135,201 185,268 238,063 293,734
33 Cash Fund Balance 244,884 257,335 257,335 254,854 233,569 270,615 307,690 357,315 406,988 293,734
34 Adjustment for previous year
35 Unrealized gain/(loss) for budget year (57,774)
36 Accounting/ACFR Fund Balance 187,110
NOTES:
Woodward Bond $6,050,000 bond (2013) - Current rate of 1.65%, reset each September 26th anniversary; Principal Bal = $2,899,150.99 as of 1/1/2024
Legend Projected Property Tax Revenue Projected Approval of Continuation of LOC Projected Addition of New Alleys
Tax Increment Revenue
Page 2
EXHIBIT C - 1 TO IGA
Page 70
Item 5.
Base
Increment
Total Assessed
FORT COLLINS DOWNTOWN DEV. AUT 112,926,987
159,883,441
272,810,428
05
Auth AuthorityName Area
%
Share
Back%
Effective
Increment *
Effective
Base *
Total
Assessed
TIF
Levy
Total
Revenue
Entity
Revenue
TIF
Revenue
TIF Tax Warrant 12/20/2024
uthorit #
2 2
006 POUDRE R-1 SCHOOL DISTRICT 100.000000% 50 79,941,720 192,868,708 272,810,428 57.37 15,651,134 11,064,878 4,586,256
028 LARIMER COUNTY 100.000000% 50 79,941,720 192,868,708 272,810,428 22.461 6,127,595 4,332,024 1,795,571
032 CITY OF FORT COLLINS 100.000000% 0 159,883,441 112,926,987 272,810,428 9.797 2,672,724 1,106,346 1,566,378
054 HEALTH DISTRICT OF NORTHERN LARIMER CNTY 100.000000% 50 79,941,720 192,868,708 272,810,428 2.167 591,180 417,946 173,234
058 FORT COLLINS DOWNTOWN DEVELOPMENT AUTH 100.000000% 50 79,941,720 192,868,708 272,810,428 5 1,364,052 964,343 399,709
059 FORT COLLINS G.I.D. NO. 1 50.440043% 0 80,645,276 56,960,421 137,605,697 4.924 677,570 280,473 397,097
064 LARIMER COUNTY PEST CONTROL 84.637462% 50 67,660,643 163,239,179 230,899,822 0.142 32,788 23,180 9,608
095 BOXELDER SANITATION DISTRICT 5.113900% 50 4,088,140 9,863,112 13,951,252 0 0 0 0
110 EAST LARIMER COUNTY WATER DISTRICT 19.070858% 50 15,245,572 36,781,718 52,027,290 0 0 0 0
112 POUDRE RIVER PUBLIC LIBRARY DISTRICT 100.000000% 50 79,941,720 192,868,708 272,810,428 3.015 822,523 581,499 241,024
117 NORTHERN COLORADO WATER CONS DISTRICT 100.000000% 50 79,941,720 192,868,708 272,810,428 1 272,810 192,868 79,942
* Base and increment values certified to taxing entities
$9,248,819Total TIF Rev
EXHIBIT C-2 TO IGA
Page 71
Item 5.
Woodward Loan
2013 6,050,00 Public
2014 - Facades Improv % PI
Reimbursement Amount 6,050,000 Start Date 1-Sep-13 Phase I 1,500,000 6,050,00 80%
Matures 1-Sep-31 Phase II 800,000 6,050,00 73%
Years 18 Phase III 900,000 6,050,00 68%
Phase IV 600,000 6,050,00 68%
3,800,000
Time in
Years Date Payment Interest Principal Balance Phase I and II
Phase I, II
plus III and IV
online in
2020
Phase I and
II Phase III Phase IV
Total Tax
Increment
Façade PM
if only I and
II
Façade PM
w/ I, II, III &
IV
10 Year
Tbill
Interest
Rate Calc % increase
1-Dec-13 6,050,000 2013 2.65%0.25%
1 1-Dec-14 - 15,125 - 6,050,000 2014 2.51%0.25%
2 1-Dec-15 - 15,125 - 6,050,000 2015 2.18%0.25%
3 1-Dec-16 305,325 15,125 259,950 5,790,050 302,405 302,405 414,253 414,253 111,848 111,84 2016 1.63%0.25%
4 1-Dec-17 411,830 14,475 397,355 5,392,695 411,83 411,83 564,151 564,151 152,321 152,321 2017 2.37%0.25%
5 1-Dec-18 411,830 13,482 398,348 4,994,347 411,83 411,83 564,151 564,151 152,321 152,321 2018 3.00%0.35% 26.7%
6 1-Dec-19 431,611 17,480 414,131 4,580,216 431,611 431,611 591,24 591,248 159,637 159,63 2019 4.00%1.35% 33.3%
7 1-Dec-20 431,611 61,833 369,778 4,210,438 431,611 431,611 591,24 591,248 159,637 159,63 2020 4.70%2.05% 17.5%
8 1-Dec-21 431,611 86,314 345,297 3,865,141 431,611 530,031 591,24 73,82 114,385 779,457 159,637 249,42 2021 5.20%2.55% 10.6%
9 1-Dec-22 431,611 98,561 333,050 3,532,091 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2022 5.56%2.91% 7.0%
10 1-Dec-23 431,611 102,784 328,827 3,203,264 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2023 5.90%3.25% 6.0%
11 1-Dec-24 431,611 104,106 327,505 2,875,759 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2024 6.21%3.56% 5.3%
12 1-Dec-25 431,611 102,377 329,234 2,546,525 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2025 6.52%3.87% 5.0%
13 1-Dec-26 431,611 98,551 333,061 2,213,464 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2026 6.52%3.87% 0.0%
14 1-Dec-27 431,611 85,661 345,950 1,867,514 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2027 6.52%3.87% 0.0%
15 1-Dec-28 431,611 72,273 359,338 1,508,176 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2028 6.52%3.87% 0.0%
16 1-Dec-29 431,611 58,366 373,245 1,134,931 431,611 731,173 591,24 369,621 114,385 1,075,254 159,637 344,081 2029 6.52%3.87% 0.0%
17 1-Dec-30 463,744 43,922 419,822 715,109 463,74 1,013,09 591,24 369,621 114,385 1,075,254 127,504 62,16 2030 6.52%3.87% 0.0%
18 1-Dec-31 591,248 27,675 563,573 151,536 591,24 1,075,25 591,24 369,621 114,385 1,075,254 ‐ 2031 6.52%3.87% 0.0%
6,931,698 1,033,234 5,898,464 6,928,778 10,457,048 9,228,779 3,770,034 1,258,235 14,257,04 2,300,000 3,800,000 AVG 4.82% 2.33%
Time in
Years Date Payment Interest Principal Balance
1-Dec-13 6,050,00 Key assumptions:
1 1-Dec-14 - 15,125 - 6,050,000
2 1-Dec-15 - 15,125 - 6,050,000
3 1-Dec-16 305,325 15,125 259,950 5,790,050 * In scenarios III and IV, assumes online during tax year 2020, payment year 2021
4 1-Dec-17 411,830 14,475 397,355 5,392,695
5 1-Dec-18 411,830 13,482 398,348 4,994,347
6 1-Dec-19 431,611 17,480 414,131 4,580,216 * Phase I and II TIF figures are from latest calculation. Figures are capped per contract
7 1-Dec-20 431,611 61,833 369,778 4,210,438 * Phase III and IV TIF figures are from exhibits to original agreement.
8 1-Dec-21 530,031 86,314 443,717 3,766,721
9 1-Dec-22 731,173 96,051 635,121 3,131,600
10 1-Dec-23 731,173 91,130 640,043 2,491,557
11 1-Dec-24 731,173 80,976 650,197 1,841,359
12 1-Dec-25 731,173 65,552 665,620 1,175,739
13 1-Dec-26 731,173 45,501 685,672 490,068
14 1-Dec-27 731,173 18,966 712,207 (222,140)
15 1-Dec-28 731,173 (8,597) 739,770 (961,909)
16 1-Dec-29 731,173 (37,226) 768,399 (1,730,308)
17 1-Dec-30 1,013,094 (66,963) 1,080,057 (2,810,365)
18 1-Dec-31 1,075,254 (108,761) 1,184,015 (3,994,380)
10,459,968 415,588 10,044,380
Façade PaymentTax Increment Revenue
* T-bill rate is most significant input. Assumes 2017 rate of 2.37% which is the 2/27 rate at 3:30
Eastern, plus growth rates in yellow to align with original agreement
* Model is built based on annual 12/1 payments. Actual note reflects a 9/26 interest-only payment
and 12/1 P&I. Difference for purposes of GF reserve projections is negligible.
Phase I and II - 10 Year Tbill Reimbursement & Interest
Phase I, II plus III and IV online in 2020
EXAMPLE
EXHIBIT 3-C
TO IGA
Page 72
Item 5.
Year Contribution Interest Total
Dec 1 2019 $300,000.00 $0.00 $300,000.00
Dec 1 2020 300,000.00 0.00 300,000.00
Dec 1 2021 300,000.00 0.00 300,000.00
Dec 1 2022 300,000.00 0.00 300,000.00
Dec 1 2023 300,000.00 0.00 300,000.00
Dec 1 2024 300,000.00 0.00 300,000.00
Dec 1 2025 300,000.00 0.00 300,000.00
Dec 1 2026 300,000.00 0.00 300,000.00
Dec 1 2027 300,000.00 0.00 300,000.00
Dec 1 2028 300,000.00 0.00 300,000.00
Dec 1 2029 300,000.00 0.00 300,000.00
Dec 1 2030 300,000.00 0.00 300,000.00
Dec 1 2031 300,000.00 0.00 300,000.00
$3,900,000.00 $0.00 $3,900,000.00EXAMPLE
EXHIBIT C-4 TO IGA
Page 73
Item 5.
Draw #1: 5/28/2024
Projects/Programs to be Funded:
Alley Capital General Maintenance 258,076.00
Alley Enhancements 2024-2025 (E Myrtle to Mulberry, Chesnut to Pine)1,100,000.00
Equipment One-time Purchase 215,000.00
Façade Grant Program 26,531.00
FCDDA Loan 121,869.00
Holiday Lights 35,000.00
Interactive Light Display in Old Town Square 93,000.00
Multi-year reimbursement 617,264.00
Old Firehouse Alley Garage IGA 300,000.00
Old Town Square General Maintenance 200,000.00
Old Town Square Capital Reserve/Replacement 92,960.00
Surveillance Camera Operations 4,295.00
Warehouse 70,300.00
Project Management Fees 64,826.00
5 Mill Property Tax TIF Revenue 397,699.00
2024 Projects and Programs Reserve aka Uncommitted Discretionary Funds 1,403,180.00
Total Line of Credit Draw #1 for 2024 5,000,000.00
Final Draft Draw #2: 12/26/2024
2024 Projects and Programs Reserve aka Uncommitted Discretionary Funds 1,490,504.00
Alley Enhancements 2024-2025 (E Myrtle to Mulberry, Chesnut to Pine)1,550,000.00
Total Line of Credit Draw #2 for 2024 3,040,504.00
Total Line of Credit Draws 2024 8,040,504.00
Downtown Development Authority
2024 Line of Credit Draws
EXHIBIT C-5 TO IGA
Page 74
Item 5.
File Attachments for Item:
6. First Reading of Ordinance No. 078, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for Broadband Buildout to Multi-Dwelling Units
and Customer Installations and Related Art in Public Places and Modifying the Terms of
Repayment for Prior Appropriations from the Light and Power Fund.
The purpose of this item is to request appropriation of $12 million of prior year reserves from the
Light & Power Fund for use in Broadband’s (herein referred to as “Connexion”) efforts to
continue new customer installations, including building out to multi-dwelling units (MDU’s) and
mobile home parks, and providing for asset management. These funds from Light & Power
provide a significant portion of the total funding need over the next 4 years and will be
reimbursed to the Light & Power Fund, including interest, from the cash flows generated by
Connexion operations.
Page 75
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Chad Crager, Connexion Executive Director
Jeff Rochford, Connexion FP&A Manager
Joe Wimmer, Utilities Finance Director
SUBJECT
First Reading of Ordinance No. 078, 2025, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for Broadband Buildout to Multi-Dwelling Units and Customer
Installations and Related Art in Public Places and Modifying the Terms of Repayment for Prior
Appropriations from the Light and Power Fund.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of $12 million of prior year reserves from the Light &
Power Fund for use in Broadband’s (herein referred to as “Connexion”) efforts to continue new customer
installations, including building out to multi-dwelling units (MDU’s) and mobile home parks, and providing
for asset management. These funds from Light & Power provide a significant portion of the total funding
need over the next 4 years and will be reimbursed to the Light & Power Fund, including interest, from the
cash flows generated by Connexion operations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Assumptions Update
To date, Connexion is seeing a 44% residential take rate. This adoption is well above the 28% target
identified in the original business plan and is indicative of the position as market leader that Connexion
currently holds, offering unparallelled quality and superior customer service. The Connexion team wishes
to take advantage of this and continue investing in rapidly making available its products and services.
With continued focus on building out to the remaining MDU and mobile home premises the team is now
projecting to reach a substantial higher number than originally forecasted by 2035. However, that buildout
will be capital intensive and current projections have established a funding need for new installations and
associated asset management over the next 4 years. After 2030, current projections show Connexion
reaching a customer count and corresponding annual revenue to fully fund all capital and operating
expenses as well as all debt obligations.
Page 76
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
Staff have researched additional funding options including bond restructuring, removal of debt ceiling, and
if strong demand continues, will return to Council at a later date to present one or more as an additional
round of capital financing.
Funding Requirements and Financing Options
Through April 2025 the total capital spent for Connexion’s work to build out network, install MDU’s, and
provide service to customers, totaled $175 million, inclusive of three rounds of bond financing ($150
million), $20 million of earlier Light & Power loans, and redeployment of operational budget funds.
Light & Power staff have identified $12 million of available reserves that can be appropriated to the
Connexion Fund as an intrafund loan, as the entities legally operate as a single electric utility enterprise.
In 2022, Light & Power loaned $20 million to Connexion which was scheduled to be paid back with interest
by 2029. With this new round of financing, a new completion date of January 1, 2036 will be set for both
loans. Based on preliminary year-end financials, the Light & Power Fund has $37 million of available
reserves (above minimum required and appropriated amounts). The $12 million loan amount has been
determined as available without causing major impacts to L&P operational and capital planning during the
repayment timeline.
The loan will be structured as line of credit, with fund withdraws occurring as dictated by Connexion capital
demands. In any month Connexion’s month-end cash balance falls below zero, a transfer from Light &
Power to Connexion will be made in the amount required to return Connexion’s cash balance to zero.
Repayment of the loans will occur in any month Connexion’s month-end cash balance is greater than zero,
with a transfer of such amount from Connexion to Light & Power. Loan interest will be calculated annually
and will set as the greater of the current investment earnings rate on existing reserve balances or the 10 -
year AA- bond rate, plus a 1.0% administrative fee to ensure an advantageous investment for Light &
Power operations.
The $12 million intrafund loan is intended to be appropriated as follows:
Fund Amount Lapsing
Y/N
Connexion Capital Fund $11,300,000 N
Connexion Operating
Fund
$700,000 Y
Additionally, both the prior $20 million intrafund loan from 2022 and the current $12 million intrafund loan
will be rescheduled for principal and interest to be paid in entirety by January 1, 2036.
CITY FINANCIAL IMPACTS
With adequate reserves in the Light & Power Fund, this item is not projected to impact Light & Power
operational or capital planning in the short term and will have positive financial impacts to both enterprise
operations over the long term. Connexion’s growth resulting from this investment affords a competitive
interest rate to Light & Power until the intrafund loans are paid in full. The amount of $113,000 will be
contributed to the Art in Public Places program.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 77
Item 6.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 078, 2025
Page 78
Item 6.
- 1 -
ORDINANCE NO. 078, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR BROADBAND
BUILDOUT TO MULTI-DWELLING UNITS AND CUSTOMER
INSTALLATIONS AND RELATED ART IN PUBLIC PLACES AND
MODIFYING THE TERMS OF REPAYMENT FOR PRIOR
APPROPRIATIONS FROM THE LIGHT AND POWER FUND
A. Broadband is requesting an appropriation of $12,000,000 of reserves from
the Light & Power Fund for use in Broadband’s efforts to continue new customer
installations, including infrastructure buildout to multi-dwelling units and mobile home
parks, and providing for asset management.
B. Multi-dwelling units and mobile home parks infrastructure buildout will be
capital intensive and current projections have established a funding need for new
installations and associated asset management over the next four years.
C. The funds from Light & Power will provide a significant portion of the total
funding need over the next four years and will be reimbursed to the Light & Power Fund,
including interest, from the cash flow generated by Broadband operations.
D. City Council adopted Ordinance No. 034, 2022, approving the appropriation
of $20,000,000 from the prior year reserves available in the Light and Power Fund to
Broadband, which is currently scheduled to be paid back with interest by 2029. Both the
prior $20,000,000 loan from 2022, and the current $12,000,000 loan will be scheduled to
be repaid in full, with interest and an administrative fee, to the Light and Power Fund by
January 1, 2036.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of making Broadband’s products
and services available to multi-dwelling units and mobile home parks.
F. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
G. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Light and Power Fund and that this appropriation will not cause
the total amount appropriated in the Light and Power Fund to exceed the current estimate
of actual and anticipated revenues and all other funds to be received in this Fund during
this fiscal year.
Page 79
Item 6.
- 2 -
H. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance a ny unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
I. The City Manager has recommended the transfer of $12,000,000 from the
Light and Power Fund to the Broadband Fund and determined that the purpose for which
the transferred funds are to be expended remains unchanged.
J. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places program (“APP Program”).
K. The Infrastructure Buildout project cost of $11,300,000 has been used to
calculate the contribution to the APP program.
L. The amount to be contributed in this Ordinance will be $1 13,000. The
amount to be transferred to the Cultural Services and Facilities Fund will be $2 4,860 as
contribution to operations and maintenance of the APP Program. The remaining $88,140
will remain in the Broadband Fund as contribution to artwork for the APP Program.
M. Contributions to the APP Program by each City utility for art projects is kept
and spent in such utility’s own fund, the utility contributes its share of the APP Program’s
costs for maintenance, administration, repair and display to the Cultural Services and
Facilities Fund as provided in City Code Section 23-303(c).
N. In accordance with Article V, Section 10 of the City Charter, the
appropriation for the Project from the Broadband Fund and the transfer of a portion of
those unexpended and unencumbered appropriated funds to the APP Program as
provided in City Code Section 23-304(c) will be used for Broadband purposes and
improvements in connection with the Project that provide a betterment to the Utility and
provide a specific utility purpose that is beneficial to the Utility’s ratepayers.
O. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made but continue until the completion of the capital project.
P. The City Council wishes to designate the appropriation herein for the
Broadband Infrastructure Buildout project as an appropriation that shall not lapse until the
completion of the project.
Page 80
Item 6.
- 3 -
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the Light
and Power Fund the sum of TWELVE MILLION DOLLARS ($12,000,000) to be expended
in the Light and Power Fund for transfer to the Broadband Fund and appropriated therein
to be expended for operations and the buildout of the Broadband infrastructure.
Section 2. The unexpended and unencumbered appropriated amount of
TWENTY-TWO THOUSAND SIX HUNDRED DOLLARS ($22,600) in the Broadband
Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein for the operation costs of the APP Program.
Section 3. The unexpended and unencumbered appropriated amount of TWO
THOUSAND TWO HUNDRED SIXTY DOLLARS ($2,260) in the Broadband Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein for the maintenance costs of the APP Program.
Section 4. The appropriation herein for Broadband Infrastructure Buildout
project is hereby designated, as authorized in Article V, Section 11 of the City Charter, as
an appropriation that shall not lapse at the end of this fiscal year but continue until the
completion of the project.
Section 5. It is intent of Council, and direction to the City Manager and the City
Financial Officer, that this amount appropriated be reimbursed annually to the Light and
Power Fund in the amount the Connexion revenues collected exceed Connexion’s
expenses and debt obligations for that fiscal year, toge ther with an interest factor which
is the greater of the Light and Power Fund’s average investment earnings for its reserve
balance for that year or the average ten- year AA- bond rate for that year, plus a one
percent administrative fee, until this appropriated amount with such interest has been paid
in full, which payment in full is to be completed on or before January 1, 2036. In addition,
when the City Manager is setting under City Code Section 26 -573 the rates, fees and
charges for furnishing telecommunication facilities and services to Connexion
subscribers, the City Manager shall do so taking into consideration this reimbursement of
the Light and Power Fund as provided in this Section 5.
Section 6. It is also the City Council’ s intent that, in the event the City or the
Electric Utility Enterprise hereafter issues any bonds or incurs any other financial
obligation to be used to reimburse the Light and Power Fund for the Connexion’ s
expenditure of this appropriation for the Project, this Ordinance is intended to be a
declaration of “ official intent” to reimburse these expenditures within the meaning of
Treasury Regulation §1.150-2.
Page 81
Item 6.
- 4 -
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Yvette Lewis-Molock
Exhibits: None
Page 82
Item 6.
File Attachments for Item:
7. First Reading of Ordinance No. 079, 2025, Authorizing Transfers of Appropriations for
the Shields Street Protected Infrastructure – Lake Street to Stuart Street Project and the
Shields Street Separated Bike Lanes – Mulberry Street to Mountain Avenue Project.
The purpose of this item is to transfer Active Modes Plan Implementation funding to the Shields
Street Protected Infrastructure – Lake Street to Stuart Street and the Shields Street Separated
Bike Lanes – Mulberry Street to Mountain Avenue capital projects.
Page 83
City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
John Gerwel, Project Manager
Cortney Geary, Active Modes Manager
Dana Hornkohl, Capital Projects Manager
SUBJECT
First Reading of Ordinance No. 079, 2025, Authorizing Transfers of Appropriations for the Shields
Street Protected Infrastructure – Lake Street to Stuart Street Project and the Shields Street
Separated Bike Lanes – Mulberry Street to Mountain Avenue Project.
EXECUTIVE SUMMARY
The purpose of this item is to transfer Active Modes Plan Implementation funding to the Shields Street
Protected Infrastructure – Lake Street to Stuart Street and the Shields Street Separated Bike Lanes –
Mulberry Street to Mountain Avenue capital projects.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City’s adopted Active Modes Plan (AMP) and Transportation Capital Projects Prioritization Study
(TCPPS) recommended improvements within the Shields Street corridor. Between Mountain Avenue and
Mulberry Street, a road diet was recommended that would remove one northbound vehicular travel lane
and restripe this section of Shields Street to include separated bike lanes. Protected intersection
infrastructure was recommended at the intersections with Prospect Road and Stuart Street, as well as
separated bike lanes between the intersections. A protected intersection is a type of intersection design
that prioritizes the safety and comfort of pedestrians and cyclists by providing them with physical separation
from motorized vehicles. Upon reviewing these high priority recommendations, it was determined the
proposed work could be implemented with two projects.
1. The Shields Street Separated Bike Lanes – Mulberry Street to Mountain Avenue (SSBL) project could
be accomplished utilizing City forces in conjunction with street resurfacing and restriping.
2. The Shields Street Protected Infrastructure – Lake Street to Stuart Street (SPI) capital project would
require consulting assistance and a phased approach with robust outreach, design, right -of-way
acquisition, and construction. City Staff determined as they were conceptualizing the SPI project that
extending the northern boundary of the project from Prospect Road to Lake Street would provide better
connectivity between separated bike lanes on Shields Street and Lake Street. The City received a
federal Safe Streets and Roads for All grant to construct separated bike lanes on Lake Street from
Shields Street to College Avenue.
Page 84
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
A key theme that arose from engagement during the AMP and TCPPS efforts was resident desire for direct
routes with infrastructure that is physically separated from vehicular traffic. Constructing separated bike
lanes and protected intersections (providing user comfort) is critical to achieving the AMP goal of 50%
active mode share of all trips by 2032. These improvements would meaningfully advance Our Climate
Future Big Move 4: Convenient Transportation Choices and would result in greenhouse gas and air
pollution reduction.
FC Moves Department staff successfully sought funding through the 2025 -2026 budget process to
implement the SSBL project ($580,000) and perform design on the SPI project ($1,100,000). Staff from the
Engineering and Traffic Operations Departments have begun working with FC Moves to implement these
projects. There is a need to transfer the funding to designated capital projects that will allow for future grant
funding to be received and tracked for reporting requirements.
These projects support the City’s Strategic Plan Goals (TM1) and the 2024-2026 City Council Priorities (4
and 8). These projects also address needs for Safe Routes to Schools for Dunn Elementary, Bennett
Elementary, two preschools, and Colorado State University.
• (TM1) Make significant progress toward the City’s Vision Zero goal to have no serious injury or fatal
crashes for people walking, biking, rolling or driving in Fort Collins.
• (4) Advance a 15-minute city by igniting neighborhood centers.
• (8) Advance a 15-minute city by accelerating our shift to active modes.
Specific project elements that will be evaluated for use in the projects include the following:
• In-street separated bike lanes with vertical barriers such as curbs and delineator posts between the
bike lane and the vehicular travel lane (SSBL).
• Raised, separated bike lanes, elevated above the roadway, are often at sidewalk level but separate
from the sidewalk (SPI).
• Protected intersections with dedicated cycle and pedestrian paths through the intersection (SPI).
The projects will include robust outreach and public engagement. Travel times through these corridors may
be impacted (during construction and post construction) to accommodate the additional infrastructure for
vulnerable road users and improve roadway safety for all users. Setting expectations with community
members who use these corridors will be key to the projects’ success. If approved, this item will transfer
funding that has already been appropriated to these two capital projects.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for implementation of the Shields Street Separated
Bike Lanes – Mulberry Street to Mountain Avenue capital project, as well as the design of the Shields Street
Protected Infrastructure – Lake Street to Stuart Street capital project.
Page 85
Item 7.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
The total fund amount projected for these projects is $1,663,200 composed of prior appropriated funds.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The projects were identified as part of the AMP adopted by Council in December 2022 and the TCPPS
adopted by Council in August 2023. The AMP and TCPPS were presented to the Transportation Board as
part of the adoption process.
PUBLIC OUTREACH
Staff will develop and implement a public engagement plan for the projects in conjunction with the
Communications and Public Involvement Office.
ATTACHMENTS
1. SSBL Mulberry Street to Mountain Avenue Vicinity Map
2. SPI Lake Street to Stuart Street Vicinity Map
3. Ordinance No. 079, 2025
2050 Tax - Our Climate Future 1,680,000$
Transfer to Art in Public Places (16,800)$
TOTAL PRIOR APPROPRIATION 1,663,200$
Shields Street Protected Infrastructure - Lake Street to Stuart Street 574,200$
Shields Street Separated Bike Lanes - Mulberry Street to Mountain Avenue 1,089,000$
Total Funds to be Transferred per this Action 1,663,200$
Total Proposed Capital Projects Funds 1,663,200$
Prior Appropriated Funds
Funds to be Transferred per this Action to Capital Projects
Page 86
Item 7.
SSBL Mulberry Street to Mountain Avenue Vicinity Map
Page 87
Item 7.
SPI Lake Street to Stuart Street Vicinity Map
Page 88
Item 7.
- 1 -
ORDINANCE NO. 079, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
SHIELDS STREET PROTECTED INFRASTRUCTURE – LAKE
STREET TO STUART STREET PROJECT AND THE SHIELDS
STREET SEPARATED BIKE LANES – MULBERRY STREET TO
MOUNTAIN AVENUE PROJECT
A. The purpose of this item is to transfer Active Modes Plan Implementation
funding that has already been appropriated to the Shields Street Protected Infrastructure
– Lake Street to Stuart Street and the Shields Street Separated Bike Lanes – Mulberry
Street to Mountain Avenue capital projects.
B. The City’s adopted Active Modes Plan (“AMP”) and Transportation Capital
Projects Prioritization Study (“TCPPS”) recommended improvements within the Shields
Street corridor. The recommended improvements between Mountain Avenue and
Mulberry Street included removing one northbound vehicular travel lane and restriping a
section of Shields Street to include separated bike lanes. The recommendations also
included providing protected infrastructure improvements at the intersections between
Prospect Road and Stuart Street to provide pedestrians and cyclists with physical
separation from motorized vehicles, as well as separated bike lanes between the
intersections.
C. The two capital projects, the Shields Street Protected Infrastructure – Lake
Street to Stuart Street (“SPI”) project and the Shields Street Separated Bike Lanes –
Mulberry Street to Mountain Avenue (“SSBL”) project have been developed to implement
the recommended improvements.
D. The SSBL project could be accomplished using City forces in conjunction
with street resurfacing and restriping. The SPI project would require consulting assistance
and a phased approach with robust outreach, design, right -of-way acquisition, and
construction.
E. City Staff determined as they were conceptualizing the SPI project that
extending the northern boundary of the project from Prospect Road to Lake Street would
provide better connectivity between separated bike lanes on Shields Street and Lake
Street. The City received a federal Safe Streets and Roads for All grant to construct
separated bike lanes on Lake Street from Shields Street to College Avenue.
F. AMP and TCPPS efforts revealed residents’ desire for direct routes with
infrastructure that is physically separated from vehicular traffic. Constructing separated
bike lanes and protected intersections is critical to achieving the AMP goal of 50% active
mode share of all trips by 2032. These improvements would meaningfully advance Our
Climate Future Big Move 4: Convenient Transportation Choices and would result in
greenhouse gas and air pollution reduction.
Page 89
Item 7.
- 2 -
G. These projects support the City’s Strategic Plan Goals (TM1) and the 2024-
2026 City Council Priorities (4 and 8). These projects also address needs for Safe Routes
to Schools for Dunn Elementary, Bennett Elementary, two preschools, and Colorado
State University:
(TM1) Make significant progress toward the City’s Vision Zero goal to have no
serious injury or fatal crashes for people walking, biking, rolling or driving in
Fort Collins;
(4) Advance a 15-minute city by igniting neighborhood centers; and
(8) Advance a 15-minute city by accelerating our shift to active modes.
H. Specific project elements that will be evaluated for use in the projects
include in-street separated bike lanes with vertical barriers such as curbs and delineator
posts between the bike lane and the vehicular travel lane (SSBL project); raised,
separated bike lanes, elevated above the roadway—often at sidewalk level but separate
from the sidewalk (SPI project); protected intersections with dedicated cycle and
pedestrian paths through the intersection (SPI project).
I. FC Moves Department staff successfully sought funding through the 2025 -
2026 budget process to implement the SSBL project ($580,000) and perform design on
the SPI project ($1,100,000). Staff from the Engineering and Traffic Operations
departments have begun working with FC Moves to implement these projects. Staff has
concluded that there is a need to transfer the funding to designated capital projects that
will allow for future grant funding to be received and tracked for reporting requirements.
J. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
K. The City Manager has recommended the transfer of $1,663,200 from the
2050 Tax Parks Rec Transit OCF fund to the Capital Projects fund and determined that
the purpose for which the transferred funds are to be expended remains unchanged.
L. These projects involve construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places (“APP”) program.
M. All of the funds appropriated in this Ordinance for the projects are ineligible
for use in the APP program due to previously contributing to the program.
Page 90
Item 7.
- 3 -
N. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital projec t, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
O. The City Council wishes to designate the appropriations herein for the
Shields Street Protected Infrastructure – Lake Street to Stuart Street project and the
Shields Street Separated Bike Lanes – Mulberry Street to Mountain Avenue project as
appropriations that shall not lapse until the completion of the projects.
P. The appropriations in this Ordinance benefit public health, safety, and
welfare of the residents of Fort Collins and the traveling public and serve the public
purpose of improving multimodal transportation infrastructure, safety, and accessibility
within the City.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of FIVE
HUNDRED SEVENTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($574,200) is
authorized for transfer from the Active Modes Plan Implement Project In the 2050 Tax
Parks Rec Transit OCF fund to the Capital Projects fund and appropriated therein to be
expended for Shields Street Protected Infrastructure – Lake Street to Stuart Street
project.
Section 2. The unexpended and unencumbered appropriated amount ONE
MILLION EIGHTY-NINE THOUSAND DOLLARS ($1,089,000) is authorized for transfer
from the Active Modes Plan Implement Project In the 2050 Tax Parks Rec Transit OCF
fund to the Capital Projects fund and appropriated therein to be expended for Shields
Street Separated Bike Lanes – Mulberry Street to Mountain Avenue project.
Section 3. The appropriations herein for the Shields Street Protected
Infrastructure – Lake Street to Stuart Street project and the Shields Street Separated Bike
Lanes – Mulberry Street to Mountain Avenue project are hereby designated, as
authorized in Article V, Section 11 of the City Charter, as appropriation s that shall not
lapse at the end of this fiscal year but continue until the completion of the projects.
Page 91
Item 7.
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Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Heather N. Jarvis
Exhibits: None
Page 92
Item 7.
File Attachments for Item:
8. First Reading of Ordinance No. 080, 2025, Making a Supplemental Appropriation of an
Additional Award from the Colorado Auto Theft Prevention Authority Grant for the Fort
Collins Police Services Property Crimes Unit.
The purpose of this item is to appropriate $19,011 of unanticipated revenue received from the
Colorado State Patrol Department of Public Safety as a modification to the previously awarded
FY 2025 BATTLE (Beat Auto Theft Through Law Enforcement) grant.
Page 93
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jason Lang, Police Services
Joanne Cech, Fiscal Recovery Manager
SUBJECT
First Reading of Ordinance No. 080, 2025, Making a Supplemental Appropriation of an Additional
Award from the Colorado Auto Theft Prevention Authority Grant for the Fort Collins Police Services
Property Crimes Unit.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $19,011 of unanticipated revenue received from the Colorado
State Patrol Department of Public Safety as a modification to the previously awarded FY 2025 BATTLE
(Beat Auto Theft Through Law Enforcement) grant.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In December 2024 the Colorado State Patrol (CSP) awarded Fort Collins Police Services $80,790 in
capacity as a partner agency of the Beat Auto Theft Through Law Enforcement (BATTLE) Task Force. The
$80,790 award was appropriated in Ordinance No. 011, 2025, under the BATTLE program’s FY25 cycle
and includes $30,361 for camera system equipment. On April 24, 2025, Police Services was awarded an
additional $19,011 to cover anticipated fiscal year costs for equipment to support CSP’s plan to reduce
auto theft for the North Region for the FY25 grant cycle. This brings the total equipment allocation under
the FY25 BATTLE award to $49,372 and the total grant award to $99,801.
CITY FINANCIAL IMPACTS
This item appropriates $19,011 in unanticipated revenue from the Colorado State Patrol for the camera
system equipment in support of Police Services FY25 BATTLE program’s Colorado Auto Theft Prevention
Authority (CATPA) grant award.
No matching funds are required for this award.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 94
Item 8.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Signed Award Letter
2. Ordinance No. 080, 2025
Page 95
Item 8.
Date: April 24, 2025
Ft. Collins Police Department
Project Director Lieutenant Adam Ruehlen
Transmitted by Electronic Mail
RE: Change in Funding Award Letter for State Fiscal Year (SFY) 2025 – Modification #3
Dear Lieutenant Ruehlen,
This letter is to notify you that, effective as of April 24, 2025, your funding allocation in support of CSP’s
Beat Auto Theft Through Law Enforcement (BATTLE) House Bill 1430 grant project has been modified
per CSP’s Internal Modification #3 to cover anticipated fiscal year costs for your agency and is to be used
in support of the reduction of auto theft in the State of Colorado as follows. This modification is as
follows:
Modification #3 - Purpose: Equipment –Increase in Equipment allocation as needed in support of
CSP’s Strategic Plan to Reduce Auto Theft for the North Region for the FY25 grant cycle.
Ft. Collins Police Department - SFY25 BATTLE CORRECTED BUDGET MOD #3
BUDGET CATEGORY ORIGINAL
ALLOCATION REVISION MODIFIED
ALLOCATION
Overtime
Supplies & Operating - - -
Travel - - -
Equipment 30,361.00 19,011.00 49,372.00
TOTAL 30,361.0 19,011.00 49,372.00
Please return your signed Funding Award agreement no later than May 2, 2025 (or 10 business days after
the date of this letter). Failure to sign your award may result in delayed reimbursements. Return to CSP
via the following email: battlepayments@state.co.us.
Please refer to your initial funding letter for all Requirements, Special Conditions, and Other Terms and
Conditions. If you have any questions regarding this change in allocations, please contact Captain Wesley
Kartus at wesley.kartus@state.co.us or 303-277-8660 or Trina Larsen at Trina.Larsen@state.co.us or
(720) 202-3418 if you have any questions.
We appreciate your continued efforts in the fight against auto theft!
Best Regards,
Wesley Kartus
Captain, Colorado State Patrol
BATTLE Project Director
Aleah Bachtel, Financial Officer
Docusign Envelope ID: 2A0F0823-CEF4-431E-995D-A016F6E09DFE
Page 96
Item 8.
Return:
The Partner Agency will sign a copy of the Funding Award and return the agreement to the CSP
BATTLE email. Once CSP obtains all signatures, the Partner Agency will receive a copy of this
agreement.
The parties hereto have executed this binding Funding Award.
SIGNATURES
PARTNER AGENCY COLORADO STATE PATROL
Ft. Collins Police Department
Legal Name of Partner Agency
Kelly DiMartino, City Manager Wesley Kartus, Captain
BATTLE Project Director
______________________________________
Date Signed Date signed
4-25-25
Docusign Envelope ID: 2A0F0823-CEF4-431E-995D-A016F6E09DFE
Page 97
Item 8.
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ORDINANCE NO. 080, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING A SUPPLEMENTAL APPROPRIATION OF AN
ADDITIONAL AWARD FROM THE COLORADO AUTO THEFT
PREVENTION AUTHORITY GRANT FOR THE FORT COLLINS
POLICE SERVICES PROPERTY CRIMES UNIT
A. Fort Collins Police Services (FCPS) is a member of the Beat Auto Theft
Through Law Enforcement (BATTLE) program created by Colorado State Patrol (CSP).
The purpose of BATTLE is for member agencies to collaborate and work with other law
enforcement agencies around the state to investigate and respond to motor vehicle theft
related crimes, which has seen a steady growth within the City over the past five years.
B. CSP manages the BATTLE program and provides grant funding
opportunities to member agencies to help cover personnel costs for the time that is
needed to prevent auto theft crimes.
C. In December 2024, CSP awarded FCPS $80,790 in capac ity as a partner
agency of the BATTLE Task Force. On February 18, 2025, through Ordinance No. 011,
2025, the $80,790 award was appropriated.
D. On April 24, 2025, FCPS was awarded an additional $19,011 to cover
anticipated fiscal year costs for equipment to support CSP’s plan to re duce auto theft for
the North Region for the FY25 grant cycle.
E. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of the prevention and investigation
of motor vehicle theft crimes.
F. Article V, Section 9 of the City Charter permits the City Council, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
G. The City Manager has recommended the appropriation described herein
and determined that this appropriation is available and previously unappropriated from
the General Fund and will not cause the total amount appropriated in the General Fund
to exceed the current estimate of actual and anticipated revenues and all other funds to
be received in this Fund during this fiscal year.
H. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a federal, state or private grant
or donation, that such appropriation shall not lapse at the end of the fiscal year in which
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Item 8.
-2-
the appropriation is made, but continue until the earlier of the expiration of the federal,
state or private grant or the City’s expenditure of all funds received from such grant.
I. The City Council wishes to designate the appropriation herein for the
Colorado Auto Theft Prevention Authority Grant as an appropriation that shall not lapse
until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from new revenue or other funds in the
General Fund the sum of NINETEEN THOUSAND ELEVEN DOLLARS ($19,011) to be
expended in the General Fund for the Fort Collins Police Services Property Crimes Unit.
Section 2. The appropriation herein for the Colorado Auto Theft Prevention
Authority Grant is hereby designated, as authorized in Article V, Section 11 of the City
Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the earlier of the expiration of the grant or the City’s expenditure of all funds received
from such grant.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dawn Downs
Exhibits: None
Page 99
Item 8.
File Attachments for Item:
9. Items Relating to Civic Center Master Plan: Municipal Court Renovation & Parking
Services Move.
A. First Reading of Ordinance No. 081, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Parking Services Department Relocation Project
and Related Art in Public Places
B. First Reading of Ordinance No. 082, 2025, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Municipal Court Expansion Project and Related
Art in Public Places
The purpose of these items is to provide context for two related requested appropriations for
projects in the Civic Center Master Plan. The first will expand City service capacity by moving
Parking Services to the Civic Center Parking Structure in order to vacate space in the 215 North
Mason Street building to allow for the expansion of the City Municipal Court. The second
recommended appropriation provides initial construction costs for the expansion of the
Municipal Court in the 215 North Mason Street building.
Appropriation recommendations:
$450,000 from reserves in the Parking Fund to the Capital Projects Fund for the relocation of
Parking Services to the Civic Center Parking Structure
$400,000 from General Government Capital Expansion Fee reserves within the Capital
Expansion Fund for the relocation of Parking Services as a condition precedent to the Municipal
Court construction and expansion
$8,500 transfer from the Capital Projects Fund to the Art in Public Places Program in the
Cultural Services & Facilities Fund for the relocation of Parking Services.
$4,300,000 from General Governmental Capital Expansion Fee reserves within the Capital
Expansion Fund for the Municipal Court construction and expansion project
$43,000 transfer from the Capital Projects Fund to the Art in Public Places Program in the
Cultural Services & Facilities Fund for the Municipal Court construction and expansion project.
Page 100
Council Agenda Item Summary – City of Fort Collins Page 1 of 5
May 20, 2025
AGENDA ITEM SUMMARY
Choose an item.
STAFF
Sylvia Tatman-Burruss, Senior Project Manager
SUBJECT
Items Relating to Civic Center Master Plan: Municipal Court Renovation & Parking Services Move.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 081, 2025, Appropriating Prior Year Reserves and Authorizing Transfers
of Appropriations for the Parking Services Department Relocation Project and Related Art in Public Places
B. First Reading of Ordinance No. 082, 2025, Appropriating Prior Year Reserves and Authorizing Transfers
of Appropriations for the Municipal Court Expansion Project and Related Art in Public Places
The purpose of these items is to provide context for two related requested appropriations for projects in
the Civic Center Master Plan. The first will expand City service capacity by moving Parking Services to the
Civic Center Parking Structure in order to vacate space in the 215 North Mason Street building to allow for
the expansion of the City Municipal Court. The second recommended appropriation provides initial
construction costs for the expansion of the Municipal Court in the 215 North Mason Street building.
Appropriation recommendations:
$450,000 from reserves in the Parking Fund to the Capital Projects Fund for the relocation of Parking
Services to the Civic Center Parking Structure
$400,000 from General Government Capital Expansion Fee reserves within the Capital Expansion
Fund for the relocation of Parking Services as a condition precedent to the Municipal Court construction
and expansion
$8,500 transfer from the Capital Projects Fund to the Art in Public Places Program in the Cultural
Services & Facilities Fund for the relocation of Parking Services.
$4,300,000 from General Governmental Capital Expansion Fee reserves within the Capital Expansion
Fund for the Municipal Court construction and expansion project
$43,000 transfer from the Capital Projects Fund to the Art in Public Places Program in the Cultural
Services & Facilities Fund for the Municipal Court construction and expansion project.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
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Item 9.
Council Agenda Item Summary – City of Fort Collins Page 2 of 5
BACKGROUND / DISCUSSION
Civic Center Planning History, Pre-2021
The Civic Center Master Plan is a dynamic document created to respond to the changing conditions while
providing a vision and guidelines for future buildings, renovations, and place making activity in the civic
core.
In 1996, City Council adopted, by Resolution 1996-86, the Civic Center Master Plan, as an amendment to
the Downtown Plan, which was an element of the City’s Comprehensive Plan; the 1996 Civic Center Master
Plan was prepared in cooperation with Larimer County to guide the development of a twelve-block area of
downtown. In 2014, specific planning for City buildings on two blocks within the Civic Center Master Plan
area was set forth in the Block 32/42 Civic Center Vision Plan.
Trends Driving Municipal Court Caseloads and Service Demands, from 2000 to Present
The Municipal Court was housed in the County Justice Center from 2000, when the building opened, until
2007, when County space capacity demands necessitated that the Municipal Court be moved into the 215
North Mason Street building. However, the area of the 215 North Mason Street building in which the Court
was moved was not designed or constructed for purposes of the administration and conduct of a municipal
court. Therefore, the area in the 215 North Mason Street building used by the Municipal Court has had
numerous retrofits over time to accommodate security, functionality, and user experience.
The office space in the 215 North Mason Street building used for the Municipal Court has become
increasingly inadequate to meet demands of a growing city. The City’s population has grown from
approximately 140,000 in 2007 to 178,000 today. From 2000-2007, Municipal Court staff consisted of
approximately seven (7) FTE positions. Today, staffing of the Municipal Court requires approximately thirty-
one (31) FTE positions. Based on growth, customer service demands, security needs, an expansion of the
Municipal Court in its current location is the most reasonable and efficient near- to long-term capital project
solution.
Approved Capital Improvement Plans & Funding for Municipal Court Expansion & Parking Services
Relocation, 2021 and thereafter
In 2021, Council funded an update to the 2014 Civic Center Vision Plan, called the Civic Center Master
Plan (the “2021 CCMP”), which focused planning on two blocks (rather than the twelve block area of the
1996 plan). The 2021 CCMP created a long-term plan for the future facilities and amenities as well as
current buildings, including the Municipal Court. The CCMP building summary of 215 North Mason Street
noted the following, “Functionally, the building struggles to separate the higher safety risk Municipal Court
customer service components from the lower risk customer service areas and internal offices.” City Council
adopted the 2021 CCMP, by Resolution 2021-105, as an amendment to the 2017 Downtown Plan and the
2019 City Plan, finding that the 2021 CCMP was considered a capital improvement plan for purposes of
general government capital expansion fee revenues for purposes of Section 7.5-31 of the City Code.
In 2022, Council appropriated $700,000, $693,000 from General Fund Reserves and $7,000 from Cultural
Services & Facilities Fund, by adopting Ordinance No. 066, 2022, to address the initial, urgent capital
needs from the increased demands on the Municipal Court.
In 2023, in order to set the project scope and evaluate costs and options, Ordinance No. 005, 2023,
appropriated $1,507,500 from the General Government Capital Expansion Fund for the purpose of space
planning and design associated with utilizing the first floor of 215 North Mason Street building for a fifteen-
year (the “15-Year Project Plan”) Municipal Court expansion and to move Parking Services to the Civic
Center Parking (Ordinance No. 005, 2023, attached).
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Item 9.
Council Agenda Item Summary – City of Fort Collins Page 3 of 5
On June 6, 2024, the Council Finance Committee reviewed options for continued progress on these
projects, the Municipal Court expansion and relocation of Parking Services, within the framework of the
CCMP. The options presented by staff included:
Option A. Continue moving forward on the next steps of the 15-Year Project Plan to utilize the entire
1st floor and part of the 2nd floor for the Municipal Court and Prosecution group in the City Attorney’s
Office;
Option B. Shift the plan to smaller renovations to accommodate increased demands for five years
next step to a five-year renovation, while continuing to negotiate with Larimer County about the
possibility of partnership as part of a Justice Center expansion; or
Option C. Build an entirely new facility purposely designed and constructed for current and long-
term Municipal Court operations.
At that June 6th Finance Committee meeting, Councilmembers indicated that Option B (which provided
near-term additional space for the Municipal Court and a lower-cost approach; and an opportunity to
continue negotiations with Larimer County to partner with Larimer County in a Justice Center expansion)
was the preferred approach. Materials presented by staff did not include an estimated project cost for
Option B; however, as a temporary measure, Option B would have the least cost to the City of the three
options. Option B was preferred over Option A, because Option A had a higher cost (likely in excess of $18
million). Like Option A, Option C was not preferred to Option B, because of the higher project costs of
Option C, likely between $25 million and $30 million depending on design. Option C would also require a
temporary approach, like Option B, as a near-term strategy for managing immediate capital needs in order
to allow an entirely new facility to be designed and constructed. Further, appropriations for some of project
work described under Option B were previously appropriated by Ordinance No. 005, 2023 (described
above).
Table of Previous Project Appropriations to Date and Overview of Ordinances for this Item
Date Ordinance No. Description of Project, Amount of Appropriation, Fund Source
6/7/2022 Ordinance No.
066, 2022
Municipal Court Urgent Needs, $700,000 General Fund Reserves
1/17/2023 Ordinance No.
005, 2023
15- year Municipal Court design $1,507,500, Capital Expansion Fund
11/19/2024 Ordinance No.
163, 2024
2025-2026 City Biennial Budget, Budget Offer 16.7, appropriating
$600,000 in each year from the General Fund for Operation Services
Required Building Modifications, of which $183,000 will be used to for
the Parking Services Relocation Project
Proceeding on the Municipal Court Expansion & Parking Services Relocation Projects
Parking Services is currently located on the first floor of the 215 North Mason Street building. The Parking
Services relocation would not only facilitate the Municipal Court expansion but will provide more space for
staff, easy access to electric charging of enforcement vehicles in the garage, and a convenient walk-in site
for customers (the “Parking Services Relocation Project”).
The next update to the Civic Center Master Plan was scheduled for presentation at the May 13, 2025
Council Work Session, including the Parking Services Relocation Project and the Municipal Court
expansion.
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Item 9.
Council Agenda Item Summary – City of Fort Collins Page 4 of 5
A needed first step in the Parking Services Relocation Project is to move Parking Services into the Civic
Center Parking Structure. Staff recommends an appropriation totaling $850,000, with $450,000 from
Parking Services reserves and $400,000 from Capital Expansion Fees to complete the full move. Council
previously approved Budget Offer 16.7 for the 2025-2026 City Biennial Budget, of which $183,000 (of the
$1,200,000 for that Budget Offer 16.7) will be used to construct a gender-neutral bathroom in the new
space. If Council approved these recommended appropriations, with the previously approved budget offer,
the total amount currently appropriated for the Parking Services Relocation Project would be $1,033,000.
For the Municipal Court expansion (above as Option B), staff believes that the City is ready to proceed with
the implementation and construction project and recommends that Council consider an appropriation of
$4,300,000 from the General Government Capital Expansion Fund for this phase of the project. This
appropriation would be in addition to the amounts previously appropriated in 2022 from General Fund
Reserves and in 2023 from the General Government Capital Expansion Fund. The total project cost for
construction of a permanent home for Municipal Court operations is indeterminate at this time, because it
has not been decided whether a partnership with Larimer County is feasible, or if the City would build a
new facility on its own. Future plans yet to be determined, including seeking any updated estimated or
approximated costs for Options A and C described above; however, it is anticipated that General
Government Capital Expansion Fee revenues will likely be a portion of the overall source of capital funds
for a permanent facility for Municipal Court operations.
CITY FINANCIAL IMPACTS
The requested funding breakdown is as follows:
Funding Amount
Parking Fund Reserves to be transferred to the Capital Projects Fund for the Parking
Services Department Relocation Project
$450,000
General Government Reserves within the Capital Expansion Fund to be transferred
to the Capital Projects Fund for the Parking Services Relocation Project
$400,000
Supplemental Appropriation for Item A, Ordinance No 081, 2025 $850,000
General Government Reserves within the Capital Expansion Fund to be transferred
to the Capital Projects Fund for the Municipal Court Expansion Project. Presented as
Option B to the June 6, 2024 Council Finance Committee.
$4,300,000
Supplemental Appropriation for Item B, Ordinance No. 082, 2025 $4,300,000
Upon adoption, Ordinance No. 081, 2025 will appropriate $450,000 from the Parking Services Reserve
Fund and $400,000 from the General Government Capital Expansion Fund in the current fiscal year and
authorize expenditures against those revenues for the purposes of the Parking Services Relocation
Project.
Upon adoption, Ordinance No. 082, 2025 will appropriate $4,300,000 in the current fiscal year from the
General Government Capital Expansion Fund and authorize expenditures against those revenues for the
purposes of the Municipal Court expansion project, presented as Option B to the June 6, 2024, Finance
Committee.
In the Ordinances above, the Parking Services Relocation Project will contribute $8,500 for the Art in Public
Places (“APP”) Program and the Municipal Court Expansion Project will contribute $43,000 to APP.
The City Manager has also determined that these appropriations are available and previously
unappropriated from their designated City Fund and will not cause the total amount appropriated in those
Funds to exceed the current estimate of actual and anticipated revenues
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Item 9.
Council Agenda Item Summary – City of Fort Collins Page 5 of 5
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
At a Council Finance Committee meeting on June, 6, 2024, Councilmembers indicated that Option B (which
provided near-term additional space for the Municipal Court and a lower-cost approach; and an opportunity
to continue negotiations with Larimer County to partner with Larimer County in a Justice Center expansion)
as the preferred approach.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 081, 2025
2. Ordinance No. 082, 2025
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Item 9.
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ORDINANCE NO. 081, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE PARKING
SERVICES DEPARTMENT RELOCATION PROJECT AND
RELATED ART IN PUBLIC PLACES
A. Parking Services is currently located in City’s office building at 215 North
Mason Street, along with other programs and departments, including the Municipal Court.
B. On November 16, 2021, Council adopted Resolution 2021 -105, approving
the November 10, 2021, Civic Center Master Plan as part of the Downtown Plan and as
the capital improvements plan for purposes of Section 7.5-31 of the City Code, regarding
use of general government capital expansion fee revenues. The approved Civic Center
Master Plan (the “2021 CCMP”) indicated the 215 North Mason Street Building as the
planned location of the Court and related purposes, including phased renovation and
future expansion.
C. On June 21, 2022, Council appropriated $700,000 from General Fund
Reserves, by adoption of Ordinance No. 066, 2022, to address urgent capital needs of
the Court in the 215 North Mason Street Building. This appropriation was provided to
address immediate safety, security, client, and accessibility needs while larger plans were
being developed for the full expansion of the Court within the 215 North Maston Street
Building, which was not designed or constructed for the purposes of the administration of
the Court.
D. On February 2, 2023, Council appropriated $1,507,700 from the Capital
Expansion Fund, by adoption of Ordinance No. 005, 2023, for the 215 North Mason
Municipal Court 15-year buildout design project.
E. On June 6, 2024, staff presented to the Council Finance Committee three
options to continue progress on the 215 North Mason Municipal Court 15 -year buildout
design project, which included the relocation of Parking Services, as per the 2021 CCMP.
The Finance Committee supported Option B, which addressed the urgent capital
expansion needs of the Court for a five-year period to explore the possibility of partnering
with Larimer County to include the Municipal Court as part of a Justice Center expansion.
F. On November 19, 2024, Council approved the 2025 -2026 City Biennial
Budget, by adoption of Ordinance No. 163, 2024, which appropriated $600,000 in each
year from the General Fund for Operation Services Required Building Modifications
(“Budget Offer 16.7”).
G. On May 1, 2025, staff presented additional information to the Council
Finance Committee on Option B, including the progress on the design and estimated
costs to relocate Parking Services from the 215 North Mason Street Building to the Civic
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Item 9.
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Center Parking Structure (the “Parking Services Relocation Project”) and the costs of
construction and expansion of the Court within the 215 North Mason Street Building (the
“Municipal Court Expansion Project”). Staff further explained that $183,000 from current
appropriations for Budget Offer 16.7 will also be used for the Parking Services Relocation
Project. The Finance Committee supported bringing the recommended appropriation s for
the projects to the full Council for consideration.
H. The amount now requested for the Parking Services Relocation Project is
$850,000.
I. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purposes of promoting public safety by
vacating space that is necessary for the Municipal Court Expansion Project and providing
expanded capacity from the Parking Services Relocation Project to meet increasing
demands and complexity in enforcement from population growth.
J. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
K. The City Manager has recommended the appropriations described herein
and determined that these appropriations are available and previously unappropriated
from the Parking Services Fund and the Capital Expansion Fund, as applicable, and that
these appropriations will not cause the total amount appropriated in the Parking Services
Fund or the Capital Expansion Fund, as applicable, to exceed the current estimate of
actual and anticipated revenues and all other funds to be received in these funds during
this fiscal year.
L. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
M. The City Manager has recommended the transfer of $8,500 from the Capital
Projects Fund to the Cultural Services and Facilities Fund and determined that the
purpose for which the transferred funds are to be expended remains unchanged.
N. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
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Item 9.
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be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places program (“APP Program”).
O. The total project cost of $850,000 has been used to calculate the
contribution to the APP program.
P. The amount to be contributed to the APP Program through this Ordinance
will be $8,500.
Q. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
R. The City Council wishes to designate the appropriation herein for the
relocation of Parking Services and renovation of the Civic Center Parking Structure
Project as an appropriation that shall not lapse until the completion of the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the Parking
Fund the sum of FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) to be
expended in the Parking Fund for transfer to the Capital Projects Fund and appropriated
therein to be expended for the relocation of Parking Services and renovation of the Civic
Center Parking Structure Project.
Section 2. There is hereby appropriated from prior year reserves in the General
Government Reserve within the Capital Expansion Fund the sum of FOUR HUNDRED
THOUSAND DOLLARS ($400,000) to be expended in the Capital Expansion Fund for
transfer to the Capital Projects Fund and appropriated therein to be expended for the
relocation of Parking Services and renovation of the Civic Center Parking Structure
Project.
Section 3. The unexpended and unencumbered appropriated amount of SIX
THOUSAND SIX HUNDRED THIRTY DOLLARS ($6,630) in the Capital Projects Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein to fund art projects under the APP Program.
Section 4. The unexpended and unencumbered appropriated amount of ONE
THOUSAND SEVEN HUNDRED DOLLARS ($1,700) in the Capital Projects Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and
appropriated and expended therein for the operation costs of the APP Program.
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Item 9.
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Section 5. The unexpended and unencumbered appropriated amount of ONE
HUNDRED SEVENTY DOLLARS ($170) in the Capital Projects Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein for the maintenance costs of the APP Program.
Section 6. The appropriation herein for the relocation of Parking Services and
renovation of the Civic Center Parking Structure Project is hereby designated, as
authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not
lapse at the end of this fiscal year but continue until the completion of the project.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dianne Criswell
Exhibits: None
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Item 9.
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ORDINANCE NO. 082, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE MUNICIPAL
COURT EXPANSION PROJECT AND RELATED ART IN PUBLIC
PLACES
A. In 2007, the Municipal Court moved to its current location on the first floor
of the City’s office building at 215 North Mason Street when the leased space the Court
formerly occupied in the Justice Center at 201 Laporte Avenue was needed for use by
the Colorado Judicial Department.
B. From the 2007 until recently, minimal changes were made to the 215
building to address immediate issues, but not to address increased demands on the Court
from growth in caseloads and programming.
C. On November 16, 2021, Council adopted Resolution 2021-105, approving
the November 10, 2021, Civic Center Master Plan as part of the Downtown Plan and as
the capital improvements plan for purposes of Section 7.5-31 of the City Code, regarding
use of general government capital expansion fee revenue s. The approved Civic Center
Master Plan (the “2021 CCMP”) indicated the 215 North Mason Street Building as the
planned location of the Court and related purposes, including phased renovation and
future expansion to address needs driven by caseload growth and attendant increases in
City staffing to meet growing demands.
D. On June 21, 2022, Council appropriated $700,000 from General Fund
Reserves, by adoption of Ordinance No. 066, 2022, to address urgent capital needs of
the Court in the 215 North Mason Street Building. This appropriation was provided to
address immediate safety, security, client, and accessibility needs while larger plans were
being developed for the full expansion of the Court within the 215 North Maston Street
Building, which was not designed or constructed for the purposes of the administration of
the Court nor suitable for the increased demands on the Court.
E. On February 2, 2023, Council appropriated $1,507,700 from the Capital
Expansion Fund, by adoption of Ordinance No. 005, 2023, for the 215 North Mason
Municipal Court 15-year buildout design project.
F. On June 6, 2024, staff presented to the Council Finance Committee three
options to continue progress on the 215 North Mason Municipal Court 15 -year buildout
design project, which included the relocation of Parking Services, as per the 2021 CCMP.
The Finance Committee supported Option B, which addressed the urgent capital
expansion needs of the Court, the City officials and employees working in the Court, and
members of the public using the facilities for a five-year period to explore the possibility
of partnering with Larimer County to include the Municipal Court as part of a Justice
Center expansion.
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Item 9.
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G. On May 1, 2025, staff presented additional information to the Council
Finance Committee on Option B, including the progress on the design and estimated
costs to relocate Parking Services from the 215 North Mason Street Building to the Civic
Center Parking Structure (the “Parking Services Relocation Project”) and the costs of
construction and expansion of the Court within the 215 North Mason Street Building (the
“Municipal Court Expansion Project”). The Finance Committee supported bringing the
recommended appropriations for the projects to the full Council for consideration.
H. The amount requested for the Municipal Court Expansion Project is
$4,300,000.
I. This appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of providing near-term adequate
and necessary space and security for City officials, employees, and public users of the
Municipal Court as Court caseloads grow and demands increase.
J. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
K. The City Manager has recommended the appropriation described herein
and determined that the funds to be appropriated are available and previously
unappropriated from the Capital Expansion Fund and that this appropriation will not cause
the total amount appropriated in the Capital Expansion Fund to exceed the current
estimate of actual and anticipated revenues and all other funds to be received in this Fund
during this fiscal year.
L. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
M. The City Manager has recommended the transfer of $43,000 from the
Capital Projects Fund to the Cultural Services and Facilities Fund and determined that
the purpose for which the transferred funds are to be expended remains unchanged.
N. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
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Item 9.
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be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in
Public Places program (“APP Program”).
O. The total project cost of $4,300,000 has been used to calculate the
contribution to the APP program.
P. The amount to be contributed to the APP Program through this Ordinance
will be $43,000.
Q. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital projec t, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
R. The City Council wishes to designate the appropriation herein for the
Municipal Court Expansion Project as an appropriation that shall not lapse until the
completion of the project.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. There is hereby appropriated from prior year reserves in the General
Government Reserve within the Capital Expansion Fund the sum of FOUR MILLION
THREE HUNDRED THOUSAND DOLLARS ($4,300,000) to be expended in the Capital
Expansion Fund for transfer to the Capital Projects Fund and appropriated therein to be
expended for the Municipal Court Expansion Project.
Section 2. The unexpended and unencumbered appropriated amount of
THIRTY-THREE THOUSAND FIVE HUNDRED FORTY DOLLARS ($33,540) in the
Capital Projects Fund is hereby authorized for transfer to the Cultural Services and
Facilities Fund and appropriated and expended therein to fund art projects under the APP
Program.
Section 3. The unexpended and unencumbered appropriated amount of EIGHT
THOUSAND SIX HUNDRED DOLLARS ($8,600) in the Capital Projects Fund is hereby
authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein for the operation costs of the APP Program.
Section 4. The unexpended and unencumbered appropriated amount of EIGHT
HUNDRED SIXTY DOLLARS ($860) in the Capital Projects Fund is hereby authorized
for transfer to the Cultural Services and Facilities Fund and appropriated and expended
therein for the maintenance costs of the APP Program.
Section 5. The appropriation herein for the Municipal Court Expansion Project
is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an
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Item 9.
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appropriation that shall not lapse at the end of this fiscal year but continue until the
completion of the project.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dianne Criswell
Exhibits: None
Page 113
Item 9.
File Attachments for Item:
10. First Reading of Ordinance No. 083, 2025, Amending Sections 20-21 and 20-25 of the
Code of the City of Fort Collins for the Purpose of Clarifying Exceptions to the Noise
Ordinance for Agricultural Activities.
The purpose of this item is to further clarify the alignment of the municipal noise ordinance with
Colorado statutes relating to exceptions for agricultural operations.
Page 114
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Lori F. Schwarz, PDT Deputy Director, Community Development and Neighborhood Services
John Hernandez, Senior Code Compliance Supervisor
SUBJECT
First Reading of Ordinance No. 083, 2025, Amending Sections 20-21 and 20-25 of the Code of the
City of Fort Collins for the Purpose of Clarifying Exceptions to the Noise Ordinance for Agricultural
Activities.
EXECUTIVE SUMMARY
The purpose of this item is to further clarify the alignment of the municipal noise ordinance with Colorado
statutes relating to exceptions for agricultural operations.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
At the April 22, 2025, City Council Work Session, staff presented a “Sounds of the City” item for feedback
and direction relating to a phased approach for addressing updates to City Code. As part of the first phase,
staff recommended alignment of the existing municipal Noise Ordinance with Colorado statutes for
agricultural operations. Currently, the noise ordinance provides a brief reference for exceptions as “noise
from agricultural activities”.
In order to clarify this exception, explanatory language is being added under Section 20-21 and 20-25 that
defines “agriculture”. Further, this amendment describes what qualifies as an agricultural exception under
the Noise Ordinance consistent with the State’s “Right to Farm Law,” 35-3.5-101 and 102 Colorado Revised
Statutes (CRS). The recommended language does not change current exceptions under this provision but
simply provides greater clarity and transparency for residents, businesses and staff.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
Page 115
Item 10.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 083, 2025
Page 116
Item 10.
-1-
ORDINANCE NO. 083, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 20-21 AND 20-25 OF THE CODE OF THE
CITY OF FORT COLLINS FOR THE PURPOSE OF CLARIFYING
EXCEPTIONS TO THE NOISE ORDINANCE FOR
AGRICULTURAL ACTIVITIES
A. Colorado Revised Statutes (“C.R.S.”) Section 35-3.5-102 limits when
agricultural operations in Colorado may be found to be a nuisance. That statute provides
that an agricultural operation may not be found to be a public or private nuisance if the
agricultural operation employs methods or practices that are commonly or reasonably
associated with agricultural production, except when a municipality enacts a nuisance law
that applies to agricultural operations that were located with the municipality’s limits on
July 1, 1981, or that were voluntarily annexed into the municipality on or after July 1, 1981.
C.R.S. Section 35-3.5-102 protects agricultural operations from public nuisance liability.
B. Section 20-23 of the City Code sets maximum permissible noise levels in
the City (the “Noise Law”). Exceeding these limits constitutes an unlawful noise
disturbance, but Section 20-25 provides exceptions to the Noise Law. Specifically,
Section 20-25(2) of the City Code exempts “noise from agricultural activities” from the
Noise Law.
C. The City Council seeks to clarify the agricultural activities exemption from
the Noise Law. More particularly, the City Council seeks to provide for a straightforward,
generally applicable exemption to the Noise Law that comports with C.R.S. Section 35 -
3.5-102. To that end, this Ordinance will amend the Noise Law to provide that noise from
agricultural activities is exempt from the Noise Law if the noise emanates from agricultural
activities that are commonly or reasonably associated with agricultural production,
regardless of whether the agricultural activities occur as a result f rom change in
ownership, nonpermanent cessation or interruption of farming, participation in any
government sponsored agricultural program, employment of new technology, or change
in the type of agricultural product produced
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. Section 20-21 of the Code of the City of Fort Collins is hereby
amended by the addition of a new definition “Agriculture” which reads in its entirety as
follows:
Agriculture means the science and art of production of plants and animals useful to
people, including, to a variable extent, the preparation of these products for use and their
disposal by marketing or otherwise, and includes horticulture, floriculture, viticulture,
forestry, dairy, livestock, poultry, bee, and any and all forms of farm products and farm
production.
Page 117
Item 10.
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Section 2. Section 20-25(2) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 20-25. - Exceptions.
The provisions of this Article shall not apply to:
. . .
(2) Noise from agricultural activities; if the noise emanates from agricultural
activities that are commonly or reasonably associated with agricultural production,
regardless of whether the agricultural activities occur as a result of any of the
following activities or conditions:
a. Change in ownership;
b. Nonpermanent cessation or interruption of farming;
c. Participation in any government sponsored agricultural program;
d. Employment of new technology; or
e. Change in the type of agricultural product produced.
. . .
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorneys: Ted Hewitt/Travis Winter
Exhibits: None
Page 118
Item 10.
File Attachments for Item:
11. First Reading of Ordinance No. 084, 2025, Designating as Non-Lapsing and
Transferring the Prior Appropriation of Philanthropic Revenue Received Through City
Give by Ordinance No. 055, 2025, for the Payment Assistance Fund.
The purpose of this item is to request that the lapsing appropriation approved by Council on its
passage of Ordinance No. 055, 2025, of $443,600 in philanthropic revenue received through
City Give, be designated by this Ordinance as non-lapsing. These miscellaneous gifts to various
City departments support a variety of programs and services and are aligned with both the
City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Page 119
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Nina Bodenhamer, City Give Director
SUBJECT
First Reading of Ordinance No. 084, 2025, Designating as Non-Lapsing and Transferring the Prior
Appropriation of Philanthropic Revenue Received Through City Give by Ordinance No. 055, 2025,
for the Payment Assistance Fund.
EXECUTIVE SUMMARY
The purpose of this item is to request that the lapsing appropriation approved by Council on its passage of
Ordinance No. 055, 2025, of $443,600 in philanthropic revenue received through City Give, be designated
by this Ordinance as non-lapsing. These miscellaneous gifts to various City departments support a variety
of programs and services and are aligned with both the City’s strategic priorities and the respective donors’
designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-
partisan governance structure for the acceptance and appropriations of charitable gifts.
STAFF RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City has long been the beneficiary of local generosity and has a valuable role in our community’s
philanthropic landscape. Generosity is demonstrated in both large and modest gifts, each appreciated for
its investment in the mission and the range of services the City strives to deliver. The respective donors
have directed the City to use these generous donations for designated purposes within and to benefit City
service areas and programs.
The item requests to properly designate as non-lapsing an appropriation approved by Ordinance No. 055,
2025, which appropriated revenues from donations received through City Give and authorized
expenditures against those revenues for the Utilities Emergency Fund program within the Payment
Assistance Fund. Both Section 2.5 of the City’s Financial Management Policy 2 – Revenue, as approved
by City Council, and the Administrative Philanthropic Governance Policy 6.04, adopted by the City
Manager, (together the “City Give Policies”), provide the bases and processes for the responsible and
efficient management of charitable donations to the City.
Page 120
Item 11.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
Upon adoption, this Ordinance will designate as non-lapsing the revenues appropriated in the current fiscal
year by Ordinance No. 055, 2025 into the Light & Power Fund revenue for the purposes of the Utilities
Emergency Fund program within the Payment Assistance Fund.
The donations shall be expended from the designated fund solely for the donors’ directed intent. The funds
have been received and accepted per City Give Policies.
In support of Ordinance No. 055, 2025, the City Manager determined that these appropriations were
available and had not been previously unappropriated from their designated Light & Power Fund and did
not cause the total amount appropriated in those Light and Power Fund to exceed the current estimate of
actual and anticipated revenues during fiscal year 2025. For this item, the City Manager has recommended
the transfer of $443,600 from the lapsing account to the non-lapsing account in the Light & Power Fund
and determined that the purpose for which the transferred funds are to be expended remains unchanged.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Ordinance No. 084, 2025
Page 121
Item 11.
-1-
ORDINANCE NO. 084, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DESIGNATING AS NON-LAPSING AND TRANSFERRING THE PRIOR
APPROPRIATION OF PHILANTHROPIC REVENUE RECEIVED THROUGH CITY
GIVE BY ORDINANCE NO. 055, 2025, FOR THE PAYMENT ASSISTANCE FUND
A. In the last five years, the City has received generous donations to the
Utilities Payment Program account (the “Payment Assistance Fund”), established in
Section 26-722 of the City Code, both large and modest, as philanthropic gifts to City
residents.
B. On April 15, 2025, Council approved Ordinance No. 055, 2025,
appropriated from prior year reserves into the Payment Assistance Fund $443,600 to be
expended for the public purpose of supporting the Utilities Emergency Fund program to
benefit qualified utility customers needing financial assistance for electrical and water
utilities.
C. The approval of Ordinance No. 055, 2025 by Council was made pursuant
to Article V, Section 9 of the City Charter, which permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriate.
D. In support of Ordinance No. 055, 2025, the City Manager recommended the
appropriation described therein and determined that the funds to be appropriated were
available and had not been previously unappropriated from the Light and Power Fund
and that that appropriation did not cause the total amount appropriated in the Light and
Power Fund to exceed the current estimate of actual and anticipated revenues and all
other funds to be received in this Fund during this fiscal year.
E. The City Manager recommends the transfer of $443,600 from the lapsing
account to the non-lapsing account in the Light & Power Fund and has determined that
the purpose for which the transferred funds are to be e xpended pursuant to Ordinance
No. 055, 2025 remains unchanged.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of FOUR
HUNDRED FORTY-THREE THOUSAND SIX HUNDRED DOLLARS ($443,600) is
authorized for transfer from the lapsing account to the non-lapsing account in the Light &
Power Fund and appropriated therein to be expended for the Payment Assistance Fund.
Section 2. The appropriation by Ordinance No. 055, 2025 for the donations to
the Payment Assistance Fund are hereby designated, as authorized in Article V, Section
Page 122
Item 11.
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11 of the City Charter, as appropriations that shall not lapse at the end of this fiscal year
but until the earlier of the expiration of the donation or the City’s expenditure of all funds
received from such donation.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dianne Criswell
Exhibits: None
Page 123
Item 11.
File Attachments for Item:
12. Items Relating to the Vine Drive and Jerome Street Intersection Improvements
Project.
A. Resolution 2025-057 Authorizing the Execution of an Intergovernmental Agreement
Regarding a Grant of Funds for Improvements to the Intersection of Vine Drive and Jerome
Street Between the City of Fort Collins and the Downtown Development Authority.
B. First Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the Vine
Drive and Jerome Street Intersection Improvements Project and Related Art in Public Places.
The purpose of these items is to enable the City to receive and expend Downtown Development
Authority (DDA) grant funds and Urban Renewal Authority (URA) funds for the Vine Drive and
Jerome Street Intersection Improvements project (Project). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of Vine
Drive and Jerome Street. If approved, the items will: 1) authorize the Mayor to execute an
Intergovernmental Agreement (IGA) for the Project with the DDA; 2) transfer $135,200 of
Community Capital Improvement Program (CCIP) Bicycle Program funds to the Project; 3)
transfer $67,756.77 of Community Capital Improvement Program (CCIP) Pedestrian Program
funds to the Project; 4) appropriate $293,076 in URA funds to the Project; 5) transfer
$146,472.87 in remaining 2050 Tax – Our Climate Future funds from previous appropriations to
the Project; 6) appropriate $144,000 of DDA grant funds to the Project; 7) appropriate $4,283.34
in Transportation Capital Expansion Fee (TCEF) funds to the Project; 8) appropriate $87.42 of
Transportation Services Fund reserves to the Project; and 9) appropriate $4,370.76 (1%) of the
DDA grant and URA funds to the Art in Public Places (APP) program. The Conservation Trust
Fund will contribute $165,000 towards the Project as part of the 2026 annual budget process.
Page 124
City Council Agenda Item Summary – City of Fort Collins Page 1 of 4
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Florian Fiebig, Project Manager, Engineering
Dana Hornkohl, Capital Projects Manager, Engineering
SUBJECT
Items Relating to the Vine Drive and Jerome Street Intersection Improvements Project.
EXECUTIVE SUMMARY
A. Resolution 2025-057 Authorizing the Execution of an Intergovernmental Agreement Regarding a Grant
of Funds for Improvements to the Intersection of Vine Drive and Jerome Street Between the City of Fort
Collins and the Downtown Development Authority.
B. First Reading of Ordinance No. 085, 2025, Making Supplemental Appropriations and Appropriating Prior
Year Reserves and Authorizing Transfers of Appropriations for the Vine Drive and Jerome Street
Intersection Improvements Project and Related Art in Public Places.
The purpose of these items is to enable the City to receive and expend Downtown Development Authority
(DDA) grant funds and Urban Renewal Authority (URA) funds for the Vine Drive and Jerome Street
Intersection Improvements project (Project). The funds will be used for outreach, design, right-of-way
acquisition, and construction for improvements at the intersection of Vine Drive and Jerome Street. If
approved, the items will: 1) authorize the Mayor to execute an Intergovernmental Agreement (IGA) for the
Project with the DDA; 2) transfer $135,200 of Community Capital Improvement Program (CCIP) Bicycle
Program funds to the Project; 3) transfer $67,756.77 of Community Capital Improvement Program (CCIP)
Pedestrian Program funds to the Project; 4) appropriate $293,076 in URA funds to the Project; 5) transfer
$146,472.87 in remaining 2050 Tax – Our Climate Future funds from previous appropriations to the Project;
6) appropriate $144,000 of DDA grant funds to the Project; 7) appropriate $4,283.34 in Transportation
Capital Expansion Fee (TCEF) funds to the Project; 8) appropriate $87.42 of Transportation Services Fund
reserves to the Project; and 9) appropriate $4,370.76 (1%) of the DDA grant and URA funds to the Art in
Public Places (APP) program. The Conservation Trust Fund will contribute $165,000 towards the Project
as part of the 2026 annual budget process.
STAFF RECOMMENDATION
Staff recommend adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
East Vine Drive and Jerome Street intersect in northeast Fort Collins, just north of the Poudre River
Whitewater Park (Attachment 1). The City’s current Master Street Plan (adopted December 2023)
designates Vine Drive and Jerome Street as two-lane collectors. Jerome is stop-controlled at Vine, and
there are no crossing facilities at the intersection. The City’s Active Modes Plan (adopted December 2022)
Page 125
Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 4
recommends pedestrian and bicycle crossing improvements at the intersection (Interactive Web Map). The
City’s North College MAX Bus Rapid Transit Plan also recommends a roadway crossing improvement at
Vine Drive and Jerome Street as a key improvement to support active mode use in the North College area
and improve access to public transportation. The City’s Strategic Trails Plan (in development and
scheduled to go before Council for adoption on July 1, 2025) includes a proposed trails map that depicts a
trail connection between northeast Fort Collins and the Whitewater Park through this intersection. This
regional trail extension was originally identified in the 2013 Paved Recreational Trails Plan and has been
carried over through the update of the Strategic Trails Plan.
This intersection is a gateway and connection point between northeast Fort Collins and destinations such
as the Whitewater Park, the Poudre River Trail, and Old Town Fort Collins. The City has reviewed recent
development proposals in the immediate area of the intersection (Attachment 2), and as northeast Fort
Collins continues to grow, the number of people walking, biking, and rolling will increase through this
intersection. An active modes traffic count and observation study was performed in August of 2024. The
following observations were noted during the data collection process, indicating the need for intersection
crossing improvements:
36% of bicyclists observed cut diagonally through the intersection, crossing the yellow road centerline
rather than completing a full turn (see Figure 1)
26% of all bicyclists observed riding on the sidewalk
Wrong way riding in the Vine bike lane to access sidewalk ramp
Traveling the wrong way in a bike lane
Pedestrian crossing where no sidewalk exists (see Figure 2)
Figure 1 - Cutting across intersection Figure 2 - Pedestrian crossing where no sidewalk exists
In June 2021, a person riding a bike was killed in a crash at this intersection (Bike Fort Collins Ride of
Silence 2022). The Active Modes Plan was under development at the time and numerous community
engagement comments indicated the need for crossing improvements at this location. In 2022, the City
was awarded a 2024 Highway Safety Improvement Program (HSIP) grant to perform crossing
improvements at this intersection. The Powerhouse 2 development was going through development review
at the time and the developer agreed to contribute funding and construct the improvements as part of their
development. The developer approached URA staff to inquire if the URA could participate in helping to
fund the crossing improvements; however, grant funds could not be utilized to reimburse the developer for
the City’s portion of construction costs. Staff proposed utilizing local funding for developer reimbursement
and seeking approval from the Colorado Department of Transportation (CDOT) to substitute a new location
for the Vine and Jerome HSIP award. CDOT agreed to this proposal. Unfortunately, the Powerhouse 2
development has not moved forward, and the substitute location was ultimately withdrawn from the HSIP
award due to significant inflation of construction costs.
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Item 12.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 4
In the interim, staff representing FC Moves, Park Planning and Development, Traffic Operations, and
Engineering have developed a conceptual proposed plan (Attachment 3) to advance the Project and seek
additional funding. The conceptual plan includes the following:
1. Two-way pedestrian crossing of Vine Drive on the east side of Jerome Street.
2. Bicycle crossings (northbound and southbound) of Vine Drive on either side of Jerome Street.
3. Rectangular Rapid Flashing Beacons (RRFBs) with push buttons for pedestrians and cyclists.
4. Protected bike corner island on the west side of Jerome Street intended to reduce right turn speeds
and protect cyclists waiting to activate the beacon and cross the street.
5. Improved and widened sidepath (trail) on the south side of the intersection (Vine Drive) with Americans
with Disabilities Act (ADA) compliant ramps, connecting to the Whitewater Park and Poudre River Trail.
6. Widened sidepath (trail) on the east side of Jerome Street to serve as the northeast trail extension.
7. New striping, signing, and marking of the intersection to safely facilitate pedestrian and bicycle
movements.
The Project plan does not include pedestrian improvements on the west side of Jerome Street. There is no
existing sidewalk infrastructure on this side of Jerome. New development would be responsible for building
this infrastructure. The Project would accommodate this future infrastructure with minimal signing and
striping changes.
Portions of the Project site lie within the North College URA, north of Vine Drive and the DDA boundary,
south of Vine Drive. Staff went before the URA Board in January 2025 to present the Project and request
financial participation in the Project. The URA has agreed to contribute $293,076 toward the Project. Staff
went to the DDA’s Director’s Meeting in February 2025 to present the Project and request financial
participation. The DDA agreed to contribute $82,659 toward the Project as well as $61,341 toward urban
design elements for the active modes gateway to Old Town. The total DDA contribution is $144,000, and
the DDA and the City have negotiated an IGA to provide the terms of the grant funding.
The remaining Project funding includes traditional transportation capital project funding from CCIP bicycle
and pedestrian funds, TCEF, and Transportation Services funds. The Conservation Trust Fund is
contributing funding for elements of the northeast trail system included in the Project. Transfers of the 2050
Tax – Our Climate Future funds from two similar and completed active modes related projects (1. Centre
Avenue Crossing Improvements and 2. Laporte Avenue Bike Lanes) will also help fund the Project. The
Our Climate Future Executive Committee was consulted on these transfers and agrees with the alignment
between the original projects and this Project.
Outreach, design, and right-of-way acquisition are scheduled to be completed in 2025. Construction would
begin in early 2026.
CITY FINANCIAL IMPACTS
The following table is a summary of the proposed funding appropriation for the Vine Drive and Jerome
Street Intersection Improvements project.
The Project funding amount used to calculate the APP program contribution is $437,076. This is the funding
contributed to the Project by the URA and DDA. All other funding sources made their APP contribution as
part of their original appropriation. The TCEF and Transportation Services Fund Reserves are for the APP
contribution.
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City Council Agenda Item Summary – City of Fort Collins Page 4 of 4
The total fund amount proposed for the Project is $951,505.64 composed of funds appropriated with this
action.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The URA Board supports the Project and authorized a contribution of $293,076 to the Project on January
23, 2025 (Attachment 4). The DDA Directors support the Project and authorized a contribution of $144,000
to the Project on February 13, 2025 (Attachment 5). The Project was identified as part of the Active Modes
Plan adopted by City Council in December 2022. The Transportation Board recommended Council
adoption of the Active Modes Plan.
PUBLIC OUTREACH
Staff will work with the DDA and the Communications and Public Involvement Office to develop and
implement a comprehensive public engagement plan for the Project.
ATTACHMENTS
1. Vicinity Map
2. Area Map
3. Proposed and Existing Plans
4. URA Board Regular Meeting Minutes, January 23, 2025
5. DDA Regular Directors’ Meeting February 2025 Minutes
6. Resolution 2025-057
7. Ordinance No. 085, 2025
Community Capital Improvement Program (CCIP) Bicycle
Program (previously appropriated)135,200.00$
Community Capital Improvement Program (CCIP) Pedestrian
Program (previously appropriated)67,756.77$
Urban Renewal Authority (URA) Funds 293,076.00$
2050 Tax - Our Climate Future Transfers 146,472.87$
Downtown Development Authority (DDA) Funds - Project 82,659.00$
Downtown Development Authority (DDA) Funds - Urban Design 61,341.00$
Transportation Capital Expansion Fee (TCEF) Funds 4,283.34$
Transportation Services Funds Reserves 87.42$
Total Funds to be Appropriated per this Action 790,876.40$
Proposed Transfer to Art in Public Places 4,370.76$
Proposed Transfer from Conservation Trust Fund (to
be appropriated via the 2026 budget)165,000.00$
Total Proposed Project Funds 951,505.64$
Funds to be Appropriated per this Action
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Vicinity Map
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VINE & JEROME CROSSING IMPROVEMENTS
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FUTURE DEVELOPMENT
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Know what's below .
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AHOLTZCLAW
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07-24-083
9/4/2024
AS NOTED
J-U-B ENGINEERS, INC.
Fort Collins, CO 80528
2809 E. Harmony Rd., Suite 300
Phone: 970.377.3602
281 N College Ave
Fort Collins, CO 80524
Phone: (970) 221-6605
Fax: (970) 221-6378
City of
Engineering
fcgov.com/engineering
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AHOLTZCLAW
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9/4/2024
AS NOTED
J-U-B ENGINEERS, INC.
Fort Collins, CO 80528
2809 E. Harmony Rd., Suite 300
Phone: 970.377.3602
281 N College Ave
Fort Collins, CO 80524
Phone: (970) 221-6605
Fax: (970) 221-6378
City of
Engineering
fcgov.com/engineering
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Item 12.
January 23,2025
URBAN RENEWAL AUTHORITY BOARD
Regular Meeting —5:00 PM
A)CALL MEETING TO ORDER
Vice Chair Kristin Stephens called the regular meeting to order at 5:01 p.m.in the CIC room at 300
Laporte Avenue,Fort Collins,Colorado,with hybrid participation available via the City’s Zoom
platform.
B)ROLL CALL
PRESENT
Vice Chair Kristin Stephens
Boardmember Susan Gutowsky
Boardmember Julie Pignataro
Boardmember Malanie Potyondy
Boardmember Emily Francis
Boardmember Kristin Draper (arrived at 5:09 p.m.)
Boardmember Dan Sapienza
Boardmember Mall Schild (arrived at 5:05 p.m.)
Boardmember Tricia Canonico (remote/non-voting)
ABSENT
Chair Jeni Arndt
Boardmember Melanie Potyondy
Boardmember Kelly Ohlson
STAFF PRESENT
Acting Executive Director Josh Birks
Assistant Secretary Amani Chamberlin
C)EXECUTIVE DIRECTORS’AGENDA REVIEW
Acting Executive Director Josh Birks provided an overview of the agenda,including:
•Updates to previous sets of minutes were sent out today.
•No other changes to the published agenda.
•Possible executive session.
D)PUBLIC PARTICIPATION
None.
E)PUBLIC PARTICIPATION FOLLOW-UP
None.
F)COMMISSIONER REPORTS
None.
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Item 12.
G)DISCUSSION ITEMS
1.Consideration and Approval of the Minutes for the September 26,2024,October 24,2024,
and the December 2,2024 Urban Renewal Authority Board Meetings.
The purpose of this item is to approve the minutes of the September26,2024,October24,2024,
and the December 2,2024 Urban Renewal Authority Board meetings.
Boardmember Gutowsky moved,seconded by Boardmember Potyondy,to approve the
amended minutes of the September26,2024,October 24,2024,and December 2,2024.
The motion carried 8-0.
2.Public Hearing and Consideration of Resolution No.140 Adopting a Supplemental Budget
Resolution for Vine &Jerome Intersection Improvements.
The purpose of this item is to consider a resolution authorizing a funding contribution to the Cit/s
Vine Drive and Jerome Street Intersection Improvements Project (Project),and if so,what level
of contribution is agreeable.
Andy Smith,Redevelopment Program Manager, noted this item was presented to the Finance
Committee late last year and the Committee offered support for full consideration by the Board.
Dana Hornkohl, Engineering Department,stated this item relates to authorizing a funding
contribution to the City’s Vine Drive and Jerome Street Intersection Improvements Project.He
noted both roadways are two-lane connectors and there are currently no crossing facilities for
either bicycles or pedestrians at the intersection.Hornkohl noted there has been a fatality at the
intersection and many of the improvements are meant to address the way in which that occurred
as well as observed undesirable behaviors in the intersection.
Hornkohl outlined the proposed improvements that would be part of this project and showed some
renderings of the completed intersection.He noted staff is recommending the URA offer a
contribution to the base project, which does not include improvements on the west side and which
is based on the amount of the project that is within the URA boundary,in the amount of $293,000.
Hornkohl noted staff is not recommending a contribution to the west side improvements as that
includes an additional significant cost due to the necessary right-of-way acquisition and significant
construction costs, and would total approximately an extra $449,000.
PUBLIC COMMENT
None.
BOARD DISCUSSION
Boardmember Pignataro asked if the DDA is amenable to contributing funds to the project.
Hornkohl replied they have provided positive feedback for a base level contribution and noted
staff will be going before that board in February.Additionally,the DDA has proposed some
amenities such as screening of the south properties and wayfinding it would fund in whole to add
to the project.
Boardmember Pignataro asked about the proposed developments on the west side. Hornkohl
replied Powerhouse II is proposed at the corner of Vine and Jerome and Jerome Street Station is
proposed on the parcel just north of that.
Boardmember Francis expressed support for the base project funding contribution.
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Item 12.
Vice Chair Stephens concurred and stated it is important to move ahead with the safety
improvements even if the west side improvements are not part of the project.
Boardmember Schild asked about the bike traffic pattern if only the east side improvements are
made.Hornkohl replied there are bike improvements on both sides,but only pedestrian
improvements on the east side.
Boardmember Gutowsky expressed support for funding the project,particularly given the fatality
that occurred.
Boardmember Pignataro moved,seconded by Boardmember Francis,to adopt Resolution
Na 140 Adopting a Supplemental Budget Resolution for Vine &Jerome Intersection
Improvements inserting the amount of $293,076.
The motion carried 8-0~
3.Potential executive session pursuant to C.R.S.§24-6-402(4)(a),(b)and (e)to discuss
the potential purchase or acquisition of real property interests,to receive legal advice
on specific legal questions,and to determine positions relative to matters that may be
subject to negotiations related to property in the North College Urban Renewal Plan area.
Boardmember Potyondy moved,seconded by Boardmember Francis,that the Fort Collins
Urban Renewal Authority go into executive session pursuant to:C.R.S.§24-6-402(4)(a),
(b)and (e)for the purpose of discussing with the Authority’s attorneys and appropriate
management staff the following items,all related to property in the North College Urban
Renewal Plan Area.
The motion carried 8-0.
4.Public Hearing and Consideration Resolution No.141 Authorizing the Acquisition
of Property at 1513 N.College Ave.and Adopting a Supplemental 2025 Budget Resolution
to Authorize Funds to Acquire Said Property
The owner of the property located at 1513 North College Ave (Property)has signed a
Purchase and Sale Agreement (PSA)now before the URA Board of Commissioners for
consideration.If the Board agrees with the PSA terms,a resolution authorizing the URA Acting
Executive Director to sign the PSA and closing documents on behalf of the URA as Buyer is
presented for Board approval (Exhibit A).If the PSA is signed by the Acting Executive Director,
the URA will then have certain rights to inspect and purchase the Property per the terms of the
PSA. The resolution does not require the URA to purchase the Property.
Andy Smith,Redevelopment Program Manager, stated this item relates to a purchase and sale
agreement (PSA)to acquire the property located at 1513 North College Avenue,the Budget Host
Motel.Smith noted the motel has 31 rooms,approximately ten of which have been red tagged
due to methamphetamine contamination,on 0.72 acres and is currently enrolled in the public
nuisance ordinance program with the City.
Smtih stated the seller has signed the PSA and noted the document only provides for the right to
purchase the property,but does not obligate the URA to do so.Smith outlined some of the details
of the PSA,including the price of $2.15 million,120 days of inspection,and a closing 35 days
after the end of the due diligence period,or later if the property is not cleared of all property and
tenants.Smith also noted one of the allowed activities of the URA is the acquisition of property
to prevent blight.
PUBLIC COMMENT
None.
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RESOLUTION 2025-057
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT REGARDING A GRANT OF FUNDS FOR
IMPROVEMENTS TO THE INTERSECTION OF VINE DRIVE AND
JEROME STREET BETWEEN THE CITY OF FORT COLLINS AND THE
DOWNTOWN DEVELOPMENT AUTHORITY
A. The purpose of this item is to enable the City to receive and expend
Downtown Development Authority (“DDA”) grant funds for the Vine Drive and Jerome
Street Intersection Improvements project (“Project”). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of
Vine Drive and Jerome Street.
B. East Vine Drive and Jerome Street intersect in northeast Fort Collins, just
north of the Poudre River Whitewater Park. The City’s current Master Street Plan
(adopted December 2023) designates Vine Drive and Jerome Street as two -lane
collectors.
C. Currently, traffic on Jerome Street is controlled by a four way stop sign at
the intersection of Jerome Street and Vine Drive, but there are no crossing facilities at the
intersection. The City’s Active Modes Plan (adopted December 2022) recommends
pedestrian and bicycle crossing improvements at the intersection. The City’s North
College MAX Bus Rapid Transit Plan also recommends a roadway crossing improvement
at Vine Drive and Jerome Street as a key improvement to support active mode use in the
North College area and improve access to public transportation.
D. The City’s Strategic Trails Plan, which is in development and scheduled to
go before City Council for adoption on July 1, 2025, includes a proposed trails map that
depicts a trail connection between northeast Fort Collins and the Whitewater Park through
this intersection. This regional trail extension was originally identified in the 2013 Paved
Recreational Trails Plan and has been carried over through the update of the Strategic
Trails Plan.
E. As northeast Fort Collins continues to grow, the number of people walking,
biking, and engaged in other active modes of transportation will increase through this
intersection, which is a gateway and connection point between northeast Fort Collins and
destinations such as the Whitewater Park, the Poudre River Trail, and Old Town Fort
Collins.
F. An active modes traffic count and observation study was performed in
August of 2024. The observations in the study indicate the need for intersection crossing
improvements. These observations include data establishing that 36% of bicyclists
observed cut diagonally through the intersection, crossing the yellow road centerline
rather than completing a full turn; 26% of all bicyclists observed rode on the sidewalk;
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bicyclists rode the wrong way in the Vine bike lane to access a sidewalk ramp; bicyclists
traveled the wrong way in a bike lane; and pedestrians crossed where no sidewalk exists.
G. In June 2021, a person riding a bike was killed in a crash at this intersection .
H. City staff representing FC Moves, Park Planning and Development, Traffic
Operations, and Engineering have developed the Project to address these safety and
infrastructure concerns. A conceptual proposed plan for the Project includes the following:
Two-way pedestrian crossing of Vine Drive on the east side of Jerome Street
Bicycle crossings (northbound and southbound) of Vine Drive on either side of
Jerome Street;
Rectangular Rapid Flashing Beacons (“RRFBs”) with push buttons for
pedestrians and cyclists;
Protected bike corner island on the west side of Jerome Street intende d to
reduce right turn speeds and protect cyclists waiting to activate the beacon and
cross the street;
Improved and widened sidepath (trail) on the south side of the intersection
(Vine Drive) with Americans with Disabilities Act (“ADA”) compliant ramps,
connecting to the Whitewater Park and Poudre River Trail;
Widened sidepath (trail) on the east side of Jerome Street to serve as the
northeast trail extension; and
New striping, signing, and marking of the intersection to safely facilitate
pedestrian and bicycle movements.
I. Portions of the Project site lie within the North College Urban Renewal
Authority (“URA”) area, north of Vine Drive and the DDA boundary, south of Vine Drive.
J. Staff attended the URA Board in January 2025, presented the Project, and
requested financial participation in the Project. The URA voted to contribute $293,076
toward the Project.
K. Staff went to the DDA’s Director’s Meeting in February 2025, presented the
Project, and requested financial participation. The DDA voted to contribute $82,659
toward the Project as well as $61,341 toward urban design elements for the active modes
gateway to Old Town.
L. Project funding also includes traditional transportation capital project
funding from Community Capital Improvement Program (“CCIP”) bicycle and pedestrian
funds, Transportation Capital Expansion Fees, and Transportation Services funds. The
Conservation Trust Fund is contributing funding for elements of the northeast trail system
included in the Project. Transfers of the 2050 Tax – Our Climate Future funds from two
similar and completed active modes related projects (Centre Avenue Crossing
Improvements and Laporte Avenue Bike Lanes) will also help fund the Project. The Our
Climate Future Executive Committee was consulted on these transfers an d agrees with
the alignment between the original projects and this Project.
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M. For the DDA funding, the DDA has proposed an IGA with the City, approved
by the DDA’s Board of Directors on February 13, 2025, to cooperate in the preparation
and design for the Project.
N. The IGA funds are anticipated to be appropriated via Ordinance
No. 085, 2025, and used for outreach, design, right-of-way acquisition, and construction
for the Project.
O. Colorado Revised Statutes Section 29-1-203 provides that governments
may cooperate or contract with one another to provide certain services or facilities when
the cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve.
P. City Charter Article II, Section 16 empowers the City Council, by ordinance
or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services or enter into cooperative or joint activities
with other governmental bodies.
Q. City Code Section 1-22 requires the City Council to approve
intergovernmental agreements that require the City to make a direct, monetary payment
over $50,000, and funds anticipated to be appropriated pursuant to this IGA and for the
overall Project amount to $955,876.40. City staff recommends that the City Council
appropriate funds in this amount by separate ordinance.
R. The City Council finds and determines that the Project and the DDA grant
funding are in the best interests of the City, that they advance the public’s health, safety,
and welfare by facilitating improvement of the City’s multimodal transportation safety and
infrastructure and streetscapes, and that the Mayor be authorized to execute the IGA
between the City and the DDA in support thereof.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council authorizes the Mayor to execute, on behalf of the
City, the intergovernmental agreement with the Downtown Development Authority, in
substantially the form attached hereto as Exhibit A, with additional or modified terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purposes
of this Resolution.
Section 2. The City Council hereby authorizes the City Manager to approve and
execute future amendments to the intergovernmental agreement with the Downtown
Development Authority relating to the Project that the City Manager, in consultation with
the City Attorney, determines to be necessary and appropriate to facilitate completion of
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the Project, so long as such amendments do not increase the cost of the Project,
substantially modify the purposes of the intergovernmental agreement, increase the
allocation or amount of funding for the Project funded by the City, or otherwise increase
the obligations and responsibilities of the City as set forth in the intergovernmental
agreement.
Passed and adopted on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 20, 2025
Approving Attorney: Heather N. Jarvis
Exhibit A: Intergovernmental Agreement with the Downtown Development Authority
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Item 12.
INTERGOVERNMENTAL AGREEMENT REGARDING
A GRANT OF FUNDS FOR IMPROVEMENTS TO THE
INTERSECTION AT JEROME STREET AND VINE DRIVE
This Intergovernmental Agreement (“Agreement”) is made and entered into on the date of
last signature below, by and between the CITY OF FORT COLLINS, COLORADO, a Colorado
municipal corporation (the “City”), and th e FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate and politic (the “DDA”).
WITNESSETH:
WHEREAS, pursuant to C.R.S.§31-25-808(1)(g), the DDA is empowered to make
contributions, grants, and loans to the City which will further the statutory mission of the DDA;
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council of the
City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish
governmental services and make charges for such services or enter into cooperative or joint
activities with other governmental bodies;
WHEREAS, C.R.S. §29-1-203 also provides that governments may cooperate or contract
with one another to provide certain services or facilities when such cooperation or contracts are
authorized by each party thereto with the approval of its legislative body or other authority having
the power to so approve;
WHEREAS, the City intends to construct certain improvements to the intersection of
Jerome Street and Vine Drive (the “Jerome -Vine Intersection Project”), which would ordinarily
be done in accordance with Larimer County Urban Area Streetscape Standards (“LCUASS”);
WHEREAS, the DDA desires to contribute eighty-two thousand six hundred fifty-nine
dollars ($82,659) to the Jerome-Vine Intersection Project for the purpose of enabling the City to
construct enhanced improvements that exceed the requirements of LCUASS, which enhanced
improvements are described in the budget table attached hereto and incorporated herein as
“Exhibit A”, consisting of one (1) page, and include ten-feet (10’) wide sidewalks, pedestrian
signal crossings, and wayfinding signage (the “Enhanced Intersection Features”);
WHEREAS, the DDA and the City desire to incorporate into the Jerome-Vine Intersection
Project a feature along the south side of Vine Drive that will highlight the area as a pedestrian and
bicycle gateway to downtown Fort Collins, which the parties agree will contain as an element
decorative fencing and which will be complimentary in design to the existing Poudre River
Whitewater Park monument sign located to the west of the intersection at Jerome Street and Vine
Drive (the “Gateway Fencing Feature”);
WHEREAS, the DDA desires to contribute to the City the sum of four thousand five
hundred dollars ($4,500) for the preparation of designs for the Gateway Fencing Feature, and the
sum of fifty-six thousand eight hundred forty-one dollars ($56,841) for construction of the
EXHIBIT A TO RESOLUTION 2025-057
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Item 12.
a.Grant of Funds – Enhanced Intersection Features. The DDA shall transfer to the
City the sum of eighty-two thousand six hundred fifty-nine dollars ($82,659) upon
execution of this IGA, which funds may be used by the City solely for the following
purposes: (i) payments to the City’s Jerome-Vine Intersection Project contractor for
construction of the Enhanced Intersection Features; and (ii) to cover costs incurred
by the City which are directly related to the contract therefor, including, but not
limited to, materials, printing, and document and/or data production or reproduction.
For the avoidance of doubt, the City understands and agrees that it shall not receive
any funds for City staff time spent working on the Jerome-Vine Project, including
the Enhanced Intersection Features, or in relation thereto.
b.Grant of Funds – Gateway Fencing Feature. The DDA shall transfer to the City the
sum of four thousand five hundred dollars ($4,500) upon execution of this IGA,
which funds may be used by the City solely to pay the cost of having a third-party
contractor prepare designs for the Gateway Fencing Feature. The selection of the
design contractor shall be done in accordance with the City’s purchasing policies.
Once such designs have been completed and a contract has been awarded by the City
to a third-party contractor for the construction of the Gateway Fencing Feature,
which may be the Jerome-Vine Intersection Project contractor or another third-party
EXHIBIT A TO RESOLUTION 2025-057
Gateway Fencing Feature;
WHEREAS, the Jerome-Vine Intersection Project, including the Gateway Fencing Feature,
is located within the boundaries of the DDA and such project is consistent with the statutory goals
and purposes of the DDA as set forth in C.R.S.§31-25-801, et seq., and the DDA’s adopted plan
of development;
WHEREAS, the Jerome-Vine Intersection Project will further the mission of the DDA by
increasing safety, improving traffic flow, and creating a more visually appealing and attractive
pedestrian environment along Vine Drive;
WHEREAS, the Board of Directors of the DDA, at a meeting held on May 8, 2025,
approved the contribution to the City of up to one hundred forty-four thousand dollars ($144,000)
for construction of the Enhanced Intersection Features and the design and construction of the
Gateway Fencing Feature, on the terms and conditions set forth herein; and
WHEREAS, by Resolution 2025-057, the City Council of the City authorized the Mayor to
execute this Agreement.
NOW, THEREFORE, in consideration of the mutual promises herein and other valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties adopt the
foregoing recitals and agree as follows:
1. Grant of DDA Funds. The DDA shall grant to the City the sum of up to one hundred
forty-four thousand dollars ($144,000) for the Jerome-Vine Intersection Project (the “Grant
Funds”) under, and subject to, the following terms and conditions:
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Item 12.
contractor selected in accordance with the City’s purchasing policies, the DDA shall
transfer to the City the sum of fifty-six thousand eight hundred forty-one dollars
($56,841), which funds may be used by the City solely for the following purposes:
(i) payments to the contractor for construction of the Gateway Fencing Feature; and
(ii) to cover costs incurred by the City which are directly related to the contract
therefor, including, but not limited to, materials, printing, and document and/or data
production or reproduction. For the avoidance of doubt, the City understands and
agrees that it shall not receive any funds for City staff time spent working on the
Gateway Fencing Feature or in relation thereto. If the actual cost to construct the
Gateway Fencing Feature is less than the amount of the DDA’s contribution under
this Section 1(b), the City shall return to the DDA the remaining balance of such
funds within a reasonable period of time after completion of such project.
c.Accounting. The City shall periodically provide to the DDA copies of contractor
invoices and other documentation sufficient for the DDA to determine that the Grant
Funds have been expended by the City in a manner consistent with this Agreement.
The frequency with which the City shall provide such information shall be as
reasonably determined by the parties, but in no case more often than once every sixty
(60) days.
d.Expiration of Grant Funds. Any Grant Funds not expended by the City for the
above-stated purposes by December 31, 2027, shall be promptly returned to the
DDA.
e.Maximum Amount of Grant Funds under Agreement. The maximum amount of
DDA funds that shall be disbursed to the City pursuant to this Agreement shall be
$144,000.
2.DDA Involvement in Design Development - Gateway Fencing Feature. The City
agrees to provide the DDA with a meaningful opportunity to participate in the design development
process for the Gateway Fencing Feature to include, but not be limited to, providing the DDA with
copies of draft and final designs as they are delivered to the City, and the opportunity to attend
meetings at which designs are presented and discussed. The City further agrees to in good faith
consider feedback provided by DDA staff on the designs.
3.Notice. All notices to be given to parties hereunder shall be in writing and shall be
sent by certified mail to the addresses specified below:
DDA: Downtown Development Authority
Attn: Executive Director
19 Old Town Square, Suite 230
Fort Collins, CO 80524
With a copy to: Liley Law, LLC
Attn: Joshua C. Liley
2727 Redwing Road, Suite 342
EXHIBIT A TO RESOLUTION 2025-057
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Item 12.
Fort Collins, CO 80526
CITY: City of Fort Collins
Attn: Director of Infrastructure Services
215 N. Mason Street
Fort Collins, CO 80521
With a copy to: City of Fort Collins
Attn: City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
4.Governing Law. This Agreement shall be governed by, and its terms construed
under, the laws of the State of Colorado.
5.Annual Appropriations. Any financial obligations of the DDA or the City arising
under this Agreement which are payable after the current fiscal year are contingent upon funds for
that purpose being annually appropriated, budgeted, and otherwise made available by the City
Council of the City, in its discretion, and/or the DDA Board, in its discretion, as applicable
6.No Third-Party Beneficiaries. It is the mutual intent of the parties that this
Agreement shall inure to the benefit of only the parties hereto. Accordingly, nothing in this
Agreement shall be construed as creating any right or entitlement which inures to the benefit of
any third party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
of the last signature below written.
CITY OF FORT COLLINS, COLORADO,
a Colorado municipal corporation
By: ____________________________________
Jeni Arndt, Mayor
Date: ____________________________________
ATTEST:
____________________________________
Delynn Coldiron, City Clerk
EXHIBIT A TO RESOLUTION 2025-057
Page 146
Item 12.
APPROVED AS TO FORM:
____________________________________
Heather N. Jarvis, Assistant City Attorney
FORT COLLINS, COLORADO, DOWNTOWN
DEVELOPMENT AUTHORITY, a body corporate
and politic
By: ____________________________________
David Lingle, Chair
Date: ____________________________________
ATTEST:
_________________________________
Cheryl A. Zimlich, Secretary
EXHIBIT A TO RESOLUTION 2025-057
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Item 12.
Exhibit A
EXHIBIT A TO RESOLUTION 2025-057
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ORDINANCE NO. 085, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS AND
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING
TRANSFERS OF APPROPRIATIONS FOR THE VINE DRIVE AND
JEROME STREET INTERSECTION IMPROVEMENTS PROJECT
AND RELATED ART IN PUBLIC PLACES
A. The purpose of this item is to appropriate grant monies received pursuant
to an intergovernmental agreement (“IGA”), authorized by Resolution 2025-057, between
the City and the Downtown Development Authority (“DDA”) for the Vine Drive and Jerome
Street Intersection Improvements project (“Project”). The funds will be used for outreach,
design, right-of-way acquisition, and construction for improvements at the intersection of
Vine Drive and Jerome Street.
B. East Vine Drive and Jerome Street intersect in northeast Fort Collins, just
north of the Poudre River Whitewater Park. The City’s current Master Street Plan
(adopted December 2023) designates Vine Drive and Jerome Street as two -lane
collectors.
C. Currently, traffic on Jerome Street is controlled by a four way stop sign at
the intersection of Jerome Street and Vine Drive, but there are no crossing facilities at the
intersection. The City’s Active Modes Plan (adopted December 2022) recommends
pedestrian and bicycle crossing improvements at the intersection. The City’s North
College MAX Bus Rapid Transit Plan also recommends a roadway crossing improvement
at Vine Drive and Jerome Street as a key improvement to support active mode use in the
North College area and improve access to public transportation.
D. The City’s Strategic Trails Plan, which is in development and scheduled to
go before City Council for adoption on July 1, 2025, includes a proposed trails map that
depicts a trail connection between northeast Fort Collins and th e Whitewater Park through
this intersection. This regional trail extension was originally identified in the 2013 Paved
Recreational Trails Plan and has been carried over through the update of the Strategic
Trails Plan.
E. As northeast Fort Collins continues to grow, the number of people walking,
biking, and engaged in other active modes of transportation will increase through this
intersection, which is a gateway and connection point between northeast Fort Collins and
destinations such as the Whitewater Park, the Poudre River Trail, and Old Town Fort
Collins.
F. An active modes traffic count and observation study was performed in
August of 2024. The observations in the study indicate the need for intersection crossing
improvements. These observations include data establishing that 36% of bicyclists
observed cut diagonally through the intersection, crossing the yellow road centerline
rather than completing a full turn; 26% of all bicyclists observed rode on the sidewalk;
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bicyclists rode the wrong way in the Vine bike lane to access a sidewalk ramp; bicyclists
traveled the wrong way in a bike lane; and pedestrians crossed where no sidewalk exists.
G. In June 2021, a person riding a bike was killed in a crash at this intersection .
H. City staff representing FC Moves, Park Planning and Development, Traffic
Operations, and Engineering have developed the Project to address these safety and
infrastructure concerns. A conceptual proposed plan for the Project includes the following:
Two-way pedestrian crossing of Vine Drive on the east side of Jerome Street;
Bicycle crossings (northbound and southbound) of Vine Drive on either side of
Jerome Street;
Rectangular Rapid Flashing Beacons (“RRFBs”) with push buttons for
pedestrians and cyclists;
Protected bike corner island on the west side of Jerome Street intended to
reduce right turn speeds and protect cyclists waiting to activate the beacon and
cross the street;
Improved and widened sidepath (trail) on the south side of the intersection
(Vine Drive) with Americans with Disabilities Act (“ADA”) compliant ramps,
connecting to the Whitewater Park and Poudre River Trail;
Widened sidepath (trail) on the east side of Jerome Street to serve as the
northeast trail extension; and
New striping, signing, and marking of the intersection to safely facilitate
pedestrian and bicycle movements.
I. Portions of the Project site lie within the North College Urban Renewal
Authority (“URA”) area, north of Vine Drive and the DDA boundary, south of Vine Drive.
J. Staff attended the URA Board in January 2025, presented the Project for
the URA Board’s recommendation, and requested financial participation in the Project.
The URA voted to contribute $293,076 toward the Project.
K. Staff attended the DDA’s Director’s Meeting in February 2025, presented
the Project, and requested financial participation. The DDA voted to contribute $82,659
toward the Project as well as $61,341 toward urban design elements for the active modes
gateway to Old Town.
L. Project funding also includes traditional transportation capital project
funding from Community Capital Improvement Program (“CCIP”) bicycle and pedestrian
funds, Transportation Capital Expansion Fees, and Transportation Services funds. The
Conservation Trust fund is contributing funding for elements of the northeast trail system
included in the Project. Transfers of the 2050 Tax – Our Climate Future funds from two
similar and completed active modes related projects (Centre Avenue Crossing
Improvements and Laporte Avenue Bike Lanes) will also help fund the Project. The Our
Climate Future Executive Committee was consulted on these transfers and agrees with
the alignment between the original projects and this Project.
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M. Article V, Section 9 of the City Charter permits the City Coun cil, upon
recommendation of the City Manager, to make a supplemental appropriation by ordinance
at any time during the fiscal year, provided that the total amount of such supplemental
appropriation, in combination with all previous appropriations for that fiscal year, do not
exceed the current estimate of actual and anticipated revenues and all other funds to be
received during the fiscal year.
N. The City Manager has recommended the appropriations described in
Section 7 and Section 8 and determined that the funds to be appropriated in those
Sections are available and previously unappropriated from the Capital Projects fund that
these appropriations will not cause the total amount appropriated in the Capital Projects
fund to exceed the current estimate of actual and anticipated revenues and all other funds
to be received in this fund during this fiscal year.
O. Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations by ordinance
at any time during the fiscal year from such revenues and funds for expenditure as may
be available from reserves accumulated in prior years, notwithstanding that such reserves
were not previously appropriated.
P. The City Manager has recommended the appropriations described in
Section 9 and Section 10 and determined that the funds to be appropriated in those
Sections are available and previously unappropriated from Transportation Services fund
and the Transportation Capital Expansion Fee fund and that these appropriations will not
cause the total amount appropriated in the Transportation Services fund and the
Transportation Capital Expansion Fee fund to exceed the current estimate of actual and
anticipated revenues and all other funds to be received in this fund during this fiscal year.
Q. Article V, Section 10 of the City Charter authorizes the City Council, upon
recommendation by the City Manager, to transfer by ordinance any unexpended and
unencumbered appropriated amount or portion thereof from one fund or capital project to
another fund or capital project, provided that the purpose for which the transferred funds
are to be expended remains unchanged, the purpose for which the funds were initially
appropriated no longer exists, or the proposed transfer is from a fund or capital project in
which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance.
R. The City Manager has recommended the transfers of appropriations in
Sections 1 through 6 and Sections 11 through 13, including the transfer of $135,200 from
the Bicycle CCIP capital project account in the Capital Projects fund to the Vine Drive and
Jerome Street Intersection Improvements Project in the Capital Project fund, $165,000
from the Conservation Trust fund to the Capital Projects fund, $65,757 from the
Pedestrian CCIP capital project account in the Capital Projects fund to the Vine Drive and
Jerome Street Intersection Improvements Project in the Capital Projects fund, $293,076
in the Urban Renewal Authority fund to the Capital Projects fund, $146,473 from the 2050
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Tax Parks Rec Transit OCF fund to the Capital Projects fund, $4,283 from the
Transportation Capital Expansion Fee fund to the Capital Projects fund, $87 from the
Transportation Services fund to the Capital Projects fund and $4,370 from the Capital
Projects fund to the Cultural Services fund and determined that the purpose for which the
transferred funds are to be expended remains unchanged.
S. This Project involves construction estimated to cost more than $250,000
and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities fund for a contribution to the Art in
Public Places (“APP”) program.
T. The project cost of $437,000, that originated from the URA and DDA
contributions, has been used to calculate the contribution to the APP program.
U. The remainder of the project cost being appropriated in this Ordinance is
ineligible for use in the APP Program due to previously contributing to the APP program.
V. The amount to be contributed in this Ordinance will be $4,370.
W. Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital projec t, that such
appropriation shall not lapse at the end of the fiscal year in which the appropriation is
made, but continue until the completion of the capital project.
X. The City Council wishes to designate the appropriation s herein for the Vine
Drive and Jerome Street Intersection Improvements Project as appropriations that shall
not lapse until the completion of the Project.
Y. The appropriations in this Ordinance benefit public health, safety and
welfare of the residents of Fort Collins and serve the public purpose s of improving
multimodal transportation and streetscape infrastructure and safety within the City.
In light of the foregoing Recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The unexpended and unencumbered appropriated amount of ONE
HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED DOLLARS ($135,200) is
authorized for transfer from the Bicycle CCIP capital project account in the Capital
Projects fund to the Vine Drive and Jerome Street Intersection Improvements Project
account in the Capital Projects fund and appropriated therein to be expended for the Vine
Drive and Jerome Street Intersection Improvements Project.
Section 2. The unexpended and unencumbered appropriated amount ONE
HUNDRED SIXTY-FIVE THOUSAND DOLLARS ($165,000) is authorized for transfer
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from the Conservation Trust fund to the Capital Projects fund and appropriated therein to
be expended for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 3. The unexpended and unencumbered appropriated amount of
SIXTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-SEVEN DOLLARS ($67,757) is
authorized for transfer from the Pedestrian CCIP capital project account in the Capital
Projects fund to the Vine Drive and Jerome Street Intersection Improvements Project
project account in the Capital Projects fund and appropriated therein to be expended for
the Vine Drive and Jerome Street Intersection Improvements Project.
Section 4. The unexpended and unencumbered appro priated amount of TWO
HUNDRED NINETY-THREE THOUSAND SEVENTY-SIX DOLLARS ($293,076) is
authorized for transfer from the Urban Renewal Authority fund to the Capital Projects fund
and appropriated therein to be expended for the Vine Drive and Jerome Street
Intersection Improvements Project.
Section 5. The unexpended and unencumbered appropriated amount of ONE
HUNDRED FOUR THOUSAND TWO HUNDRED NINE DOLLARS ($104,209) is
authorized for transfer from the Bike/Ped Crossing Project in the 2050 Tax Parks Rec
Transit OCF fund to the Capital Projects fund and appropriated therein to be expended
for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 6. The unexpended and unencumbered appropriated amount of
FORTY-TWO THOUSAND TWO HUNDRED SIXTY-THREE DOLLARS: ($42,263) is
authorized for transfer from the Laporte Ave Bike Lanes Project in the 2050 Tax Parks
Rec Transit OCF fund to the Capital Projects fund and appropriated therein to be
expended for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 7. There is hereby appropriated from new revenue or other funds from
the DDA contribution in the Capital Projects fund the sum of EIGHTY-TWO THOUSAND
SIX HUNDRED FIFTY-NINE DOLLARS ($82,659) to be expended in the Capital Projects
fund for the Vine Drive and Jerome Street Intersection Improvements Project .
Section 8. There is hereby appropriated from new revenue or other funds from
the DDA contribution in the Capital Projects fund the sum of SIXTY-ONE THOUSAND
THREE HUNDRED FORTY-ONE DOLLARS ($61,341) to be expended in the Capital
Projects fund for the Vine Drive and Jerome Street Intersection Improvements Project.
Section 9. There is hereby appropriated from prior year reserves in the
Transportation Capital Expansion fund the sum of FOUR THOUSAND TWO HUNDRED
EIGHTY-THREE DOLLARS ($4,283) to be expended in the Transportation Capital
Expansion Fee fund for transfer to the Capital Projects fund to be used for the APP
contribution for the Vine Drive and Jerome Street Improvements Project.
Section 10. There is hereby appropriated from prior year reserves in the
Transportation Services fund the sum of EIGHTY-SEVEN DOLLARS ($87) to be
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Item 12.
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expended in the Transportation Services fund for transfer to the Capital Projects fund to
be used for the APP contribution for the Vine Drive and Jerome Street Intersection
Improvements Project.
Section 11. The unexpended and unencumbered appropriated amount of
THREE THOUSAND FOUR HUNDRED NINE DOLLARS ($3,409) in the Capital Projects
fund is hereby authorized for transfer to the Cultural Services and Facilities fund and
appropriated and expended therein to fund art projects under the APP program.
Section 12. The unexpended and unencumbered appropriated amount of EIGHT
HUNDRED SEVENTY-FOUR DOLLARS ($874) in the Capital Projects fund is hereby
authorized for transfer to the Cultural Services and Facilities fund and appropriated and
expended therein for the operation costs of the APP program.
Section 13. The unexpended and unencumbered appropriated amount of
EIGHTY-SEVEN DOLLARS ($87) in the Capital Projects fund is hereby authorized for
transfer to the Cultural Services and Facilities fund and appropriated and expended
therein for the maintenance costs of the APP program.
Section 14. The appropriations herein for the Vine Drive and Jerome Street
Intersection Improvements Project are hereby designated, as authorized in Article V,
Section 11 of the City Charter, as appropriations that shall not lapse at the end of this
fiscal year but continue until the completion of the Project.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Heather N. Jarvis
Exhibits: None
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Item 12.
File Attachments for Item:
13. Resolution 2025-058 Approving Fort Fund Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community
events in the Program Support Grant – March Deadline category, based upon the
recommendations of the Cultural Resources Board.
Page 155
City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Solara Clark, Project Coordinator
Eileen May, Cultural Services Director
SUBJECT
Resolution 2025-058 Approving Fort Fund Grant Disbursements.
EXECUTIVE SUMMARY
The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming
Account and the Tourism Programming Account for the selected community events in the Program Support
Grant – March Deadline category, based upon the recommendations of the Cultural Resources Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and the Tourism Programming Account in accordance
with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax fund
is applied to the Cultural Development and Programming Account and 5% of revenue from lodging t ax is
dedicated to the Tourism Programming Account. Local non-profit organizations may apply to Fort Fund for
cultural and/or tourism event support. The Cultural Resources Board is authorized to review grant
applications based on approved guidelines and make recommendations for Fort Fund disbursements to
Council, pursuant to Section 2-145 (b) of the City Code. There are three funding categories available and
a total of five deadlines: Special Event Grant (January and June deadlines), Program Support Grant (March
and August deadlines), and Cross-Sector Impact Grant (October deadline).
Fort Fund grants support arts and cultural events that enrich the creative vitality of the community, promote
local heritage and diversity, and provide opportunities for arts and cultural participation. The grants help
promote Fort Collins as a creative center and tourist destination and promote the health and well-being of
all residents and visitors.
April 24, 2025, Funding Session
At their April 24, 2025, funding session, the Cultural Resources Board reviewed 30 Program Support Grant
– March Deadline applications with total requests equaling $626,078. Thirty applications were found eligible
and recommended for funding for $275,000.
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Item 13.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
The following table summarizes the Program Support Grant – March Deadline requests, available funds
and grant award amounts:
Grant Requests Available Funds Grant Awards
$626,078 $275,000 $275,000
The Cultural Resources Board scored each application using the funding criteria outlined in the Fort Fund
Guidelines and discussed the applications at its April 24, 2025, meeting. The Board’s approval and
discussion is outlined in the draft minutes. (Attachment 1) The Board is recommending disbursement of
$275,000 to the eligible applicants as outlined in Exhibit A to the Resolution.
CITY FINANCIAL IMPACTS
The Fort Fund grant program, established in 1989, disburses lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and Tourism Programming Account in accordance with
the provisions of Section 25-244 of the City Code. This Resolution would distribute $275,000 from the
Cultural Development and Programming Account and Tourism Programming Account to local non-profit
organizations. Each grantee organization must provide funds to match the grant amount. These funds were
budgeted and appropriated in the 2025 budget. Lodging tax is collected pursuant to Section 25-242 of the
City Code.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
The Cultural Resources Board is presenting these recommendations to Council for programs and
organizations to receive funding at the recommended grant amounts from the Cultural Development and
Programming Account and Tourism Programming Account.
Exhibit A to the Resolution presents the allocations recommended by the Cultural Resources Board to the
Council for Program Support Grant – March Deadline funding.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Cultural Resources Board Minutes (draft)
2. Resolution 2025-058
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Item 13.
Cultural Resources Board
REGULAR MEETING
Thursday, April 24, 2025 – 5:30 PM
Visit Fort Collins Office
CALL TO ORDER: 5:37 PM
ROLL CALL
• Board Members Present –Sheri Emerick (Chair), Conner Horak-Flood (Vice-
Chair), Cori Hixon, Eleanor VanDeusen
• Board Members Remote – Leslie Walker
• Board Members Absent – Jessica MacMillan
• Staff Members Present – Solara Clark
• Guest(s) – Claire Addington, Kelly Mosher, Logan Webb
AGENDA REVIEW
PUBLIC PARTICIPATION
• Claire Addington and Logan Webb, students from Colorado State University,
attended the meeting as part of their honors seminar on Community Resiliency.
They introduced themselves to the Board.
• Kelly Mosher, a previous Cultural Resources Board member attend the meeting
to say a final farewell to the Board.
APPROVAL OF MINUTES
• Approval of February 2025 minutes. Conner Horak-Flood made a motion to
accept the minutes. Leslie Walker seconded the motion. The motion passed
unanimously. Approved by roll call, Ayes: Sheri Emerick, Conner Horak-
Flood, Cori Hixon , Eleanor VanDeusen, Leslie Walker.
UNFINISHED BUSINESS
• Kelly Mosher, a former board member, was thanked for her contributions to the
board, particularly her thorough scoring and participation in meetings.
NEW BUSINESS
• New Member Introductions – Cori Hixon and Eleanor VanDeusen
Cori Hixon and Eleanor Van Dusen were introduced as new board
members. They each shared their backgrounds and reasons for
joining the board.
The Board welcomed the new members.
• Katy Schneider, Visit Fort Collins – Update
Katy Schneider provided updates on tourism and grants received from
the Colorado Tourism Office, including a $75,000 music grant and a
$20,000 public art trail grant.
Katy Schneider provided and update on the lodging tax for February,
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Item 13.
noting an increase over the previous months.
• Grantee Presentation – LuneAseas, Leah Casper
Leah Casper from Lun eAseas presented on the organization's
activities and achievements, supported by Fort Fund grants, including
performances and workshops.
• 2025 Program Support Grant: March Deadline – Discussion and Funding
Recommendations
Solara Clark explained the funding recommendations based on the
Board’s scoring to the Board and guests.
Leslie Walker made a motion to approve the funding
recommendations for City Council for the Program Support – March
Deadline Grants. Cori Hixon seconded the motion.
▪ The Board discussed the funding recommendations. Conner
Horak-Flood raised a question about funding sister nonprofit
organizations such as the Friends of the Gardens on Spring
Creek. The Board was inf ormed that starting in 2026, City
facility sister nonprofit organizations will no longer apply for
Fort Fund grants.
The motion passed unanimously. Approved by roll call, Ayes: Sheri
Emerick, Conner Horak-Flood, Cori Hixon, Eleanor VanDeusen,
Leslie Walker.
• LuneAseas Cross-Sector Grant Discussion
LuneAseas recieved a $3,974 cross-sector grant for a program that
was not executed in February. LuneAseas has requested that the
grant be transferred a new project in June. The board discussed
whether to allow the funds to be used for a new project or to request
the funds be returned.
After discussion, Cori Hixon made a motion to allow the funds to be
transferred to the new project. Eleanor VanDeusen seconded the
motion. The motion passed unanimously. Approved by roll call, Ayes:
Sheri Emerick, Conner Horak-Flood, Cori Hixon, Eleanor VanDeusen,
Leslie Walker.
Staff will follow up with LuneAseas and will inform them of the
approval. The organization will be informed that the Board requests
the incident not repeat itself in future grants.
DIRECTOR’S REPORT
• Solara Clark informed the Board that she will give a brief Director’s Report in place of
Eileen May who was unable to attend the meeting due to sickness. She informed the
Board that Eileen plans to send a detailed report before the next meeting.
• Solara Clark provided an update on the merging of the Art and Public Places Board and
the Cultural Resources Board, including the timeline and process for the merge.
BOARD MEMBER REPORTS
• Sheri Emerick attended a performance by the Canyon Concert Ballet.
• Vicki Fogel Mykles was not able to attend the meeting, but Solara Clark read her report
that was emailed prior to the meeting. Vicki Fogel Mykles attended the Northern
Colorado Intertribal Powwow Association’s powwow event.
OTHER BUSINESS
• Sheri Emerick informed the Board that there are complimentary tickets available for
the May 10th performance by the Centennial Children's Chorus. She asked that if
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Item 13.
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RESOLUTION 2025-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING FORT FUND GRANT DISBURSEMENTS
A. Providers of lodging accommodations in the city are required by Section 25-
242 of the City Code to pay three percent of all revenues derived from such lodging
accommodations to the City as a lodging tax.
B. The Fort Fund Grant Program (“Fort Fund”) supports projects and activities
that provide arts and cultural programming to the Fort Collins community and visitors.
Established in 1989, Fort Fund distributes lodging tax revenues deposited in the City’s
Cultural Development and Programming Account and the Tourism Programming Account
in accordance with the provisions of Section 25-244 of the City Code.
C. Local non-profit organizations may apply to Fort Fund for cultural and
tourism event support. There are three Fort Fund funding programs available for
applicants: Special Events; Program Support; and Cross-Sector Impact.
D. The City's Cultural Resources Board reviews applications from the
community for Fort Fund monies and makes recommendations to the City Council in
accordance with Section 2-145(b) of the City Code and the administrative guidelines for
Fort Fund (the “Fort Fund Guidelines”).
E. At its meeting on April 24, 2025, the Cultural Resources Board
recommended funding for various proposals in the Program Support category based on
the criteria and considerations set forth in Section 2-145(b) of the City Code and the Fort
Fund Guidelines.
F. The use of lodging tax revenues will provide a public benefit to the Fort
Collins community by supporting cultural development and public programming activities
within the city that promote the use of public accommodations within the city.
G. The City Council has determined it will advance these purposes to approve
Fort Fund grant disbursements as shown on Exhibit A, attached hereto and incorporated
herein by this reference.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby finds that the distribution of funds through
the Fort Fund program as set forth on Exhibit A will promote the cultural and economic
health of the community and in doing so will serve a recognized and valuable public
purpose.
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Item 13.
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Section 2. Funds in the total amount of Two Hundred Seventy-Five Thousand
Dollars ($275,000), from the City's Cultural Development and Programming Account and
the Tourism Programming Account, are hereby approved for distribution as set forth in
Exhibit A.
Passed and adopted on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 20, 2025
Approving Attorney: Ted Hewitt
Exhibit A: Fort Fund Grant Disbursements
Page 161
Item 13.
APPLICANT PROPOSED EVENT
FUNDING DEVELOPMENT & TOURISM UNFUNDED REQUEST
Bas Bleu Theatre Company
Blast N Scrap
Canyon Concert Ballet 2025-2026 Season
Centennial Children's Chorus
Colorado Bach Ensemble 2025-2026 Fort Collins Programs
DANCE Arts Network & Continuing Education Front Range Classical Ballet Academy Dance Enrichment
$10,000.00 $4,077 $5,923 41%
Dance Express
Debut Theatre Company 2025-2026 Season
Foothills Symphonic Band
Fort Collins Children's Theatre 2025-2026 Season
Fort Collins Symphony Association
Fort Collins Wind Symphony
Friends of the Gardens on Spring Creek Community Events at The Gardens on Spring Creek
Front Range Chamber Players
Gregory Allicar Museum of Art (CSU)
Hatton Gallery (CSU)
Health and Wellness Community Orchestra (FRCC)
FORT FUND GRANT PROGRAM
Program Support: March Deadline
Approved Funding
Approved/Funded Applications
EXHIBIT A TO RESOLUTION 2025-058
Page 162
Item 13.
Howdy Neighbor Events FoCo Comic Con, Founded in FoCo, BrainChange, Create
Your Own Superhero $30,000.00 $13,760 $16,240 46%
International Odyssiad & Keyboard Festival
Larimer Choral Society 2025-2026 Season
Laudamus Chamber Chorale
Launch: Community Through Skateboarding
LuneAseas Phases of LuneAseas
Museum of Art Fort Collins
New Horizons Band of Northern Colorado 2025-2026 Season
Off the Hook Arts
OpenStage Theatre & Company, Inc.
Poudre Landmarks Foundation Poudre Landmarks Foundation Programs
Public Radio for the Front Range (KRFC 88.9 FM)KRFC 88.9 FM Music Programming: A Celebration of Local
$30,000.00 $12,995 $17,005 43%
Sound Affects Music
$626,078.00 $351,078 43%
Scores are based on application materials and Fort Fund's "Criteria for Funding."
Totals $275,000
EXHIBIT A TO RESOLUTION 2025-058
Page 163
Item 13.
File Attachments for Item:
14. Second Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the
City of Fort Collins for the Purpose of Repealing the 2021 International Fire Code and
Adopting the 2024 International Fire Code, with Amendments.
This Ordinance, unanimously adopted on First Reading on March 18, 2025, repeals the 2021
International Fire Code and adopts the 2024 International Fire Code (IFC) with local
amendments. The International Code Council (ICC) publishes code updates every three years.
The Poudre Fire Authority (PFA) Board of Directors has reviewed and approved this code
package and is requesting the code be adopted as amended. Staff is requesting that Council
make the following motion to postpone Second Reading of this Ordinance to June 17,
2025, to allow further time for the Building Review Commission to consider the proposed
Code changes, as well as the proposed amendments attached to this AIS:
Motion: “I move to postpone consideration of the Second Reading of Ordinance No. 051, 2025,
Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the
2021 International Fire Code and Adopting the 2024 International Fire Code, with Amendments,
to June 17, 2025.”
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Shawn McGaffin, Fire Marshal/Division Chief
Kevin Sullivan, Assistant Fire Marshal
Katie Quintana, Assistant Fire Marshal
SUBJECT
Second Reading of Ordinance No. 051, 2025, Amending Chapter 9 of the Code of the City of Fort
Collins for the Purpose of Repealing the 2021 International Fire Code and Adopting the 2024
International Fire Code, with Amendments.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 18, 2025, repeals the 2021 International
Fire Code and adopts the 2024 International Fire Code (IFC) with local amendments. The International
Code Council (ICC) publishes code updates every three years. The Poudre Fire Authority (PFA) Board of
Directors has reviewed and approved this code package and is requesting the code be adopted as
amended. Staff is requesting that Council make the following motion to postpone Second Reading
of this Ordinance to June 17, 2025, to allow further time for the Building Review Commission to
consider the proposed Code changes, as well as the proposed amendments attached to this AIS:
Motion: “I move to postpone consideration of the Second Reading of Ordinance No. 051, 2025, Amending
Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2021 International Fire
Code and Adopting the 2024 International Fire Code, with Amendments, to June 17, 2025.”
STAFF RECOMMENDATION
Staff recommends postponing adoption of the Ordinance on Second Reading to June 17, 2025.
FIRST READING BACKGROUND / DISCUSSION
Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC in the City
of Fort Collins, Town of Timnath and unincorporated areas of Larimer and Weld Counties within the Poudre
Valley Fire Protection District boundaries. Every three years, the IFC is updated by the ICC with the most
recent update having been published in 2024. PFA routinely reviews new codes, proposes local
amendments, and then seeks adoption of IFC changes and local amendments by Council
At the April 23, 2024, PFA Board meeting, the Board approved the recommended appointment of the Fire
Code Review Committee (Committee). This volunteer committee is comprised of community and industry
stakeholders who reviewed the 2024 IFC and proposed local amendments in order to make a
recommendation for adoption. The Committee completed their work on Thursday, October 17, 2024, with
a unanimous recommendation to adopt the 2024 IFC along with the accompanying local amendments. At
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the February 25, 2025 meeting, the PFA Board unanimously approved the IFC adoption and local
amendments. This item was also unanimously approved by the Poudre Valley Fire Protection District Board
at its February 25, 2025, meeting.
The Committee’s primary goal was to limit the number of local amendments to the 2024 IFC, while still
providing comprehensive life safety codes that are clear, relevant, and aligned with current practices. The
Committee was able to accomplish this and focus on the amendments that were brought forward on local
community needs. The local amendment for fire sprinklers has been maintained, as it has been since the
1980’s, and as adopted by the local building departments. Of note, many other fire jurisdictions in Northern
Colorado have, or are considering, similar amendments to specify fire suppression systems.
Several local 2021 amendments were eliminated due to the new 2024 published codes addressing the
issues that had been a local amendment in the past.
There are changes to the published code that the Committee also supported. The most significant items
in the 2024 IFC (as published) that have been changed from the 2021 IFC include:
Adding provisions to address heating and cooking in temporary membrane structures, construction
sites and wildfire areas.
Adding temporary housing code (shelters).
Adding new provisions specific to lithium-ion battery storage.
Adding new provisions specific to Powered Micromobility Devices (E-bikes, Scooters).
Updating provisions on Emergency Responder Communication Enhancement Systems to meet new
technology.
Recognizing a Hybrid Fire Extinguishing System as based out of National Fire Protection Agency
(NFPA) 770.
Items of note for the 2024 IFC proposed local amendments include:
Appendix A, Board of Appeals is being adopted as published with local amendments to create an
appeal process over which PFA has jurisdiction. This differs from previous code adoptions, in which
Appendix A had been deleted and replaced in its entirety to direct the appeals process with the Building
Department having jurisdiction.
The term “fire alarm” was defined to expand and elaborate on types and circumstances of such fire
alarms.
A provision was added to impose a fee when multiple unwanted alarms occur at the same location.
Changes were made to the requirements for storage and use of lithium-ion batteries in factories.
Requirements for letter sizes on signage were added.
Valet trash service was removed from PFA’s jurisdiction.
Additional section added in Appendix D requiring schools to use a consistent numbering process on
exterior doors for faster response in emergency situations.
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CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Adoption of the 2024 IFC as amended was unanimously recommended by the Fire Code Review
Committee. The Poudre Fire Authority Board of Directors and the Poudre Valley Fire Protection District
Board of Directors reviewed these amendments at their respective February 25, 2025, meetings, and each
board unanimously voted to recommend adoption of the 2024 IFC, as amended, to the City of Fort Collins.
PUBLIC OUTREACH
None.
ATTACHMENTS
First Reading attachments not included.
1. Ordinance excerpts showing proposed Second Reading amendments to be considered by the Building
Review Commission
2. Ordinance No. 051, 2025
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103.1 Creation of agency. Pursuant to Section 1.2 of the January 1, 2025,
Intergovernmental Agreement establishing the Poudre Fire Authority (“PFA” or
“fire department”), the City has granted PFA the power and authority to enforce
this code, and PFA’s Fire Chief, directly or through delegation to the PFA Fire
Marshal, shall be known as the fire code official. The function of PFA shall be
the implementation, administration, and enforcement of the provisions of this
code.
3.Section 104.8 Liability is amended to read as follows:
104.8 Liability. The fire code official, member of the board of appeals, officer
or employee charged with the enforcement of this code, while acting for the
jurisdiction, in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, shall not thereby be
rendered personally liable, either civilly or criminally, and is hereby relieved
from all personal liability for any damage accruing to persons or property as a
result of an act or by reason of an act or omission in the discharge of official
duties, unless such act or omission is determined by a court of competent
jurisdiction to be willful and wanton, as provided in the Colorado Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S.
4.Section 104.8.1 Legal defense is deleted in its entirety and amended to read
as follows:
104.8.1 Legal defense. Any civil suit instituted against any PFA director,
officer or employee, including the fire code official, because of an act or
omission performed by that director, officer, employee, or fire code official, PFA
shall provide for the defense of such individual to the extent required or
permitted by the Colorado Government Immunity Act, Section 24-10-101, et
seq., C.R.S.
5.Section 112.1 General is amended to read as follows, and Section
112.3 Qualifications is deleted in its entirety:
112.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of
appeals. The board of appeals shall be appointed by the applicable governing
authority in accordance with Appendix A and shall hold office at its pleasure.
Membership of the board shall be as set forth in Appendix A. The board shall
conduct business and procedures in accordance with Appendix A.
6.Section 202 General Definitions is amended to read as follows:
. . .
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4th Edition, February 2020 Recommended Fire
Protection Practices
For Distilled Spirits Beverage Facilities ………5001.1,
5701.2
______________________________________________________________________
. . .
Larimer County Engineering
200 W Oak Street
Fort Collins, CO 80524
Standard Reference Title Code
Reference
Enacted August 1, 2021 Larimer County Urban
Area Street Standards
………….……….….………D105.6
______________________________________________________________________
. . .
83.APPENDIX A BOARD OF APPEALS is deleted in its entirety and replaced
with the following:
APPENDIX A
BOARD OF APPEALS
SECTION A101
GENERAL
A101.1 Scope. Pursuant to the provisions of Section 112 of this code, upon
the filing of an application for appeal of a decision of the fire code official as to
the application and/or interpretation of this code, a board of appeals shall be
established in accordance with Section A101.3. The board shall be established
and operated in accordance with this Section A101 and shall be authorized to
hear evidence from appellant(s) and the fire code official pertaining to the
application and intent of this code for the purpose of issuing a decision pursuant
to these provisions.
A101.2 Application for appeal. Any person or entity shall have the right to
appeal a decision of the fire code official to the board. An application for appeal
shall be based on a claim that the intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted and/or applied, the provisions of
LCUASS
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this code do not fully apply, or an equally good or better form of construction is
proposed. The board has the right to dismiss an application for appeal upon
receipt which on its face does not demonstrate plausible grounds that the fire
code official made an incorrect interpretation and/or application, the provisions
of this code do not fully apply, or an equivalent or better form of construction
should be considered. A person wishing to submit an appeal shall request an
application via email or letter to the fire code official. The completed application
shall be filed within 90 days after the date the fire code official’s decision was
issued. The board will not consider an appeal that is not filed within 90 days of
the fire code official’s decision.
A101.2.1 Limitation of authority. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
A101.2.2 Stays of enforcement. Appeals of notice and orders, other than
Imminent Danger notices, shall stay the enforcement of the notice and order
until the board dismisses the application for appeal pursuant to Section A101.2,
or it issues a decision on the appeal.
A101.3 Membership of board. The board shall consist of the Chair of the
PFA Board of Directors or their appointee, the Fort Collins City Manager or
their appointee, and the City’s Chief Building Official. The members of the
board shall not be employees of PFA. In the event any of the officials listed is
unavailable or recused, the individual who would normally stand in as that
official’s substitute in other matters shall take their place.no less than three
voting members appointed by the fire code official. Each member will be
selected based on their expertise in the field of which the appellant is
challenging the application and/or interpretation of this code. The board
members will be selected within 20 business days of the fire code official’s
receipt of the appellant's application for appeal. The fire code official shall be
an ex officio member of the board but shall not vote on any matter before the
board.
A101.3.1 Qualifications. All members of the board shall be trained on quasi-
judicial proceedings. To ensure the board is competent to decide the appeal
before them, the board may designate qualified experts to educate and assist
the board as necessary. Qualified experts shall mean personsThe board shall
consist of members who are qualified by experience and training to pass on
matters pertaining to hazards of fire, explosions, hazardous conditions, or fire
protection systems, and are not employees of the jurisdictionCity of Fort Collins
or PFA.
A101.3.2 Chairperson. The Chair of the PFA Board of Directors or their
appointee shall act board shall select one of its members as the chairperson of
the board, unless otherwise designated by the board. The chairperson will
present in writing the board’s dismissal of or decision on an appeal.
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A101.3.3 Secretary. The fire code official shall designate a qualified clerk to
serve as secretary to the board. The secretary shall post required notices and
prepare the agenda for all board meetings, cause the board’s meetings to be
recorded, and prepare minutes that provide submit a detailed record of all
proceedings to the chief appointing authority and the fire code official, which
shall set forth the reasons for the board’s decision, the vote of each member,
the absence of a member, and any members abstaining from voting.
A101.3.4 Conflict of interest. A member with any personal, professional, or
financial interest in a matter before the board shall declare such interest and
shall recuse themself from the board with respect to that matter.
A101.3.5 Compensation of members. Compensation of members shall be
determined by law.
A101.3.5A101.3.6 Board decision and dissolution. The board’s decision,
containing detailed findings of fact, conclusions of law, and order, shall be
promptly submitted in writing to the fire code official and the individual(s), entity,
or entities that initiated the appeal. The board shall automatically dissolve 10
business days after it issues its decision if no post-decision issues have been
brought to its attention. The board’s decision is final and conclusive for
purposes of exhaustion of administrative remedies.
A101.4 Rules and procedures. The board shall follow the applicable policies
and procedures of the PFA in carrying out its duties consistent with the
provisions of this code and applicable state law.In carrying out its duties, the
board shall follow the Fort Collins Code of Conduct policy applicable to quasi-
judicial commissions, as well as applicable policies and procedures of the PFA
consistent with the provisions of that policy, Fort Collins’ Charter and City Code,
and applicable state law. The procedures shall not require compliance with
strict rules of evidence but shall mandate that only relevant information be
presented.
A101.5 Notice of meetings. The board shall meet upon notice from the
chairperson within 20 calendar days of the last board member being selected
by the fire code official or at stated periodic intervals.The board’s secretary shall
provide notice to the board of the need to meet and shall schedule the meeting
no less than 10 business days and no more than 35 business days after the
filing of an application for appeal. Written notice of the date, time and place of
the meeting shall be mailed by the secretary to the appellant no less than 10
business days prior to the date of said meeting. As required under Colorado
law, public notice shall be provided in advance of any meeting of the board.
84.APPENDIX B FIRE-FLOW REQUIREMENTS is adopted in its entirety, with the
following amendments:
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the number of the door in closest proximity on the first floor or primary
access level.
5.Doors which do not provide access to the greater interior portion of
any building or structure, such as for electrical or mechanical access,
shall not require an emergency identification number but shall be
identified on the emergency response map and labeled as a utility
room with a designation as (UR).
6.Elevators shall not require an emergency identification number but
shall be identified on the emergency response map and labeled as
an elevator with a designation as (ELV).
Section 4. Section 9-3 of the Code of the City of Fort Collins is deleted in its
entirety.
Section 4Section 5. The City Attorney and the City Clerk are authorized to
modify the formatting and to make such other amendments to this Ordinance as
necessary to facilitate publication in the Fort Collins Municipal Code; provided, however,
that such modifications and amendments shall not change the substance of the Code
provisions.
Introduced, considered favorably on first reading on March 18, 2025, and
approved on second reading for final passage on May 20, 2025.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Madelene Shehan
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ORDINANCE NO. 051, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 9 OF THE CODE OF THE CITY OF FORT COLLINS FOR THE
PURPOSE OF REPEALING THE 2021 INTERNATIONAL FIRE CODE AND
ADOPTING THE 2024 INTERNATIONAL FIRE CODE, WITH AMENDMENTS
A. As early as 1958, the City has reviewed, amended and adopted the latest
nationally recognized fire protection standards available for the times.
B. The City previously adopted the 2021 International Fire Code, with local
amendments, to minimize human suffering and property loss from fire.
C. The 2024 edition of the International Fire Code represents the most current
version now available.
D. A Fire Code Review Committee (“Committee”), formed by the Poudre Fire
Authority (“PFA”) in 2024 for the purpose of reviewing the 2024 International Fire Code,
has recommended unanimously that the jurisdictions being served by PFA adopt the 2024
International Fire Code with certain local amendments tailored to the circumstances in
Fort Collins.
E. The Fire Prevention Bureau staff of the PFA, working in conjunction with the
Committee, also has reviewed the 2024 International Fire Code and the local
amendments proposed by the Committee and has recommended that the jurisdictions
being served by the PFA adopt the 2024 International Fire Code with the local
amendments.
F. On February 25, 2025, the PFA Board of Directors unanimously voted to
recommend that the 2024 International Fire Code with proposed local amendments be
adopted by those jurisdictions being served by PFA.
G. The City Council has determined that it is in the best interests of the health,
safety, and welfare of the city and its citizens that the 2024 International Fire Code, in
substantially the form recommended by the Fire Code Review Committee and the PFA
staff, be adopted, with local amendments as set forth in this Ordinance.
H. Pursuant to City Charter Article II, Section 7, City Council may enact any
ordinance which adopts a code by reference in whole or in part provided that before
adoption of such ordinance the Council hold a public hearing thereon and that notice of
the hearing shall be published twice in a newspaper of general circulation published in
the City, with one of such publications occurring at least eight (8) days preceding the
hearing and the other publication occurring at least fifteen (15) days preceding the
hearing.
I. In compliance with City Charter, Article II, Section 7, the City Clerk
published in the Fort Collins Coloradoan such notice of hearing concerning adoption of
the 2024 International Fire Code on February 23, 2025, and March 2, 2025.
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J. Exhibit “A,” attached hereto and incorporated herein by reference is the
Notice of Public Hearing dated February 23, 2025, that was so published and which the
Council hereby finds meets the requirements of Article II, Section 7 of the City Charter.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council repeals the 2021 International Fire Code (“IFC”) and
adopts the 2024 IFC as amended by this Ordinance.
Section 2. Section 9-1 of the Code of the City of Fort Collins is amended to
read as follows:
Section 9-1. - Adoption of the International Fire Code, 20214 Edition.
Pursuant to the authority conferred by Article II, Section 7 of the Charter and by
Section 31-16-201 et seq., C.R.S., there is hereby adopted by reference as the fire
code of the City, for the purposes of safeguarding of life and property from fire and
explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises, the International Fire Code,
20214 Edition, as promulgated by the International Code Council (hereafter, “this
code” or “this fire code”). Except as to any portion of this fire code that is herein
after added to, deleted, modified or amended in this Chapter, this fire code shall
include all articles and appendices in the International Fire Code, 20214 Edition.
Not less than three (3) copies of this fire code shall be on file in the office of the
Fire Marshal and may be inspected at regular business hours and purchased from
the Fire Prevention Bureau at a price not to exceed one hundred dollars ($100.00)
per copy. The provisions of this fire code shall be controlling within the limits of the
City of Fort Collins.
Section 3. Section 9-2 of the Code of the City of Fort Collins is repealed and
reenacted to read as follows:
Section 9-2 - Amendments and deletions to the 2024 International Fire Code.
The 2024 International Fire Code adopted in §9-1 is amended to read as follows:
1. Section 101.1 Title is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of
Fort Collins, hereinafter referred to as “this code.”
2. Section 103.1 Creation of Agency is deleted in its entirety and replaced with
the following:
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Item 14.
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103.1 Creation of agency. Pursuant to Section 1.2 of the January 1, 2025,
Intergovernmental Agreement establishing the Poudre Fire Authority (“PFA” or
“fire department”), the City has granted PFA the power and authority to enforce
this code, and PFA’s Fire Chief, directly or through delegation to the PFA Fire
Marshal, shall be known as the fire code official. The function of PFA shall be
the implementation, administration, and enforcement of the provisions of this
code.
3. Section 104.8 Liability is amended to read as follows:
104.8 Liability. The fire code official, member of the board of appeals, officer
or employee charged with the enforcement of this code, while acting for the
jurisdiction, in good faith and without malice in the discharge of the duties
required by this code or other pertinent law or ordinance, shall not thereby be
rendered personally liable, either civilly or criminally, and is hereby relieved
from all personal liability for any damage accruing to persons or property as a
result of an act or by reason of an act or omission in the discharge of official
duties, unless such act or omission is determined by a court of competent
jurisdiction to be willful and wanton, as provided in the Colorado Governmental
Immunity Act, Section 24-10-101, et seq., C.R.S.
4. Section 104.8.1 Legal defense is deleted in its entirety and amended to read
as follows:
104.8.1 Legal defense. Any civil suit instituted against any PFA director,
officer or employee, including the fire code official, because of an act or
omission performed by that director, officer, employee, or fire code official, PFA
shall provide for the defense of such individual to the extent required or
permitted by the Colorado Government Immunity Act, Section 24-10-101, et
seq., C.R.S.
5. Section 112.1 General is amended to read as follow:
112.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the fire code official relative to the application and
interpretation of this code, there shall be and is hereby created a board of
appeals. The board of appeals shall be appointed by the applicable governing
authority in accordance with Appendix A and shall hold office at its pleasure.
The board shall conduct business and procedures in accordance with Appendix
A adopt rules of procedure for conducting its business and shall render all
decisions and findings in writing to the appellant with a duplicate copy to the
fire code official.
6. Section 202 General Definitions is amended to read as follows:
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. . .
BARREL. A charred wooden process vessel made of bent staves held together
with steel hoops, with the greatest diameter being at the center of the staves,
known as the “bilge.” The ends, known as “heads,” are flat, and the rim formed
by staves overlapping the heads is known as the “chime.”
. . .
CASK. See “Barrel.”
. . .
DWELLING. A building that contains one or two dwelling units used, intended
or designed to be used, rented, leased, let or hired out to be occupied for living
purposes. A building used exclusively for residential occupancy and for
permitted accessory uses, including single-family dwellings, two-family
dwellings and multi-family dwellings. The term dwelling shall not include hotels,
motels, homeless shelters, seasonal overflow shelters, tents or other structures
designed or used primarily for temporary occupancy. Any dwelling shall be
deemed to be a principal building.
DWELLING UNIT. A single unit providing complete, independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation. One or more rooms and a single
kitchen and at least one bathroom, designed, occupied or intended for
occupancy as separate quarters for the exclusive use of a single family for
living, cooking and sanitary purposes, located in a single-family, two-family or
multi-family dwelling, or mixed-use building.
. . .
FALSE ALARM. The willful and knowing initiation or transmission of a signal,
message or other notification of an event of fire when no such danger exists.
See Unwanted Alarm.
. . .
MALICIOUS ALARM. Any unwanted activation of an alarm initiating device
caused by a person acting with malice.
. . .
MAZE. Temporary or permanent passageways constructed within agricultural
crops such as corn, or within vegetation such as hedges, or constructed such
as with hay bales, or by other means and methods, and where passageways
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are occupied for amusement, entertainment, and are arranged in a manner to
intentionally confound or bewilder identification of the means of egress, or
otherwise make the means of egress path not readily available because of the
nature of the attraction or mode of conveyance through passageways.
. . .
NUISANCE ALARM. An alarm caused by mechanical failure, malfunction,
improper installation or lack of proper maintenance, or an alarm activated by a
cause that cannot be determined. Any unwanted activation of a signaling
system or an alarm initiating device in response to a stimulus or condition that
is not the result of a potentially hazardous condition. This includes such matters
as mechanical failure, malfunction, improper installation or lack of proper
maintenance, or an alarm for which the cause cannot be determined.
. . .
ROOM, SLEEPING (BEDROOM). A habitable room within a dwelling or other
housing unit designed primarily for the purpose of sleeping. The presence of a
bed, cot, mattress, convertible sofa or other similar furnishing used for sleeping
purposes shall be prima facie evidence that such space or room is a sleeping
room. The presence of closets or similar storage facilities shall not be
considered relevant factors in determining whether or not a room is a sleeping
room.
. . .
TOWNHOUSE. A building that contains three or more attached townhouse
units. A single-family dwelling unit constructed as part of a group of two or more
attached individual dwelling units, each of which is separated from the other
from the foundation to the roof and is located entirely on a separately recorded
and platted parcel of land (site) bounded by property lines, which parcel is
deeded exclusively for such single-family dwelling.
. . .
UNWANTED ALARM. Any alarm that occurs that is not the result of a
potentially hazardous condition. This includes malicious alarms, nuisance
alarms, and unintentional alarms in accordance with National Fire Protection
Association (NFPA) 72.
. . .
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UNINTENTIONAL ALARM. An unwanted activation of an alarm initiating
device caused by a person acting without malice.
. . .
7. Section 304.1.1 Valet trash is amended to read as follows:
304.1.1 Valet Trash. Valet trash collection shall be permitted only where
approved. The owner and valet trash collection service provider shall comply
with the rules and limitations established by the jurisdiction prohibited.
8. A new Section 307.2.2 Time and Atmospheric Restrictions is added to read
as follows:
307.2.2 Time and Atmospheric Restrictions. Open burning shall be
performed only when time and atmospheric conditions comply with the limits
set forth in the Open Burning Permit.
9. Section 307.4.1 Bonfires is deleted in its entirety and replaced with the
following:
307.4.1 Bonfires. A bonfire shall not be conducted within 50 feet (15 240 mm)
of a structure or combustible material unless the fire is contained in a barbecue
pit. Conditions that could cause a fire to spread within 50 feet (15 240 mm) of
a structure shall be eliminated prior to ignition Bonfires are prohibited unless
specifically approved and permitted by the fire code official.
10. Section 307.4.2 Recreational Fires is deleted in its entirety and replaced with
the following:
307.4.2 Recreational fires. Recreational fires shall not be conducted within 25
feet (7620 mm) of a structure or combustible material. Conditions that could
cause a fire to spread within 25 feet (7620 mm) of a structure shall be
eliminated prior to ignition Recreational fires are prohibited.
Exception: Recreational fires may be conducted at campgrounds, open
camping areas, parks, open lands or similar areas in accordance with the
rules and restrictions set forth by the authority having jurisdiction at such
locations, provided that such fires do not have a fuel area that exceeds 2
feet in height and are not conducted within 25 feet of a structure or
combustible material.
11. Section 307.4.3 Portable outdoor fireplaces is deleted in its entirety and
replaced with the following:
307.4.3 Portable and Fixed Outdoor Fireplaces. Portable outdoor fireplaces
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shall be used in accordance with the manufacturer’s instructions and shall not
be operated within 15 feet (3048 mm) of a structure or combustible material.
Portable and fixed outdoor fireplaces, including fire tables, shall be used in
accordance with the manufacturer’s instructions. Outdoor fireplaces for public
use must be listed for commercial use. Outdoor fireplaces shall not be placed
closer to combustible materials than what is stated in the manufacturer’s
instructions. If the manufacturer’s instructions are not available or do not
establish a distance, outdoor fireplaces shall not be operated within 15 feet
(4572 mm) of a combustible structure or combustible material. Outdoor
fireplaces shall not be operated underneath a combustible structure of any
type. Outdoor fireplaces shall be gas or liquid-fueled unless otherwise
approved by the fire code official.
Exception: Portable outdoor fireplaces used at one- and two-family
dwellings Outdoor fireplaces at one and two-family dwellings may use
approved solid fuels.
12. Section 308.1.7 Sky lanterns is amended to read as follows:
308.1.7 Sky lanterns. A person shall not release or cause to be released an
tethered or untethered sky lantern.
13. Section 401.3 Emergency Responder Notification is amended to read as
follows:
401.3 Emergency Responder Notification. Notification of emergency
responders shall be in accordance with Sections 401.3.1 through 401.3.34.
. . .
401.3.4 Reporting Emergencies. In the event a fire occurs or upon the
discovery of a fire, smoke, or unauthorized release of flammable, combustible,
or hazardous materials on any property, the owner, the owner’s authorized
representative, or the occupant shall, without delay, report such condition to
the fire department.
14. Section 401.5 Making false report is amended to read as follows:
401.5 Making false report. A person shall not give, signal or transmit a false
alarm. False alarms shall be subject to enforcement in accordance with Section
401.9 Unwanted alarms.
15. A new Section 401.9 Unwanted alarms is added to read as follows:
401.9 Unwanted alarms. All unwanted alarms shall be subject to enforcement
as per PFA’s policies and procedures and adopted fee schedule.
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16. Section 402.1 Definitions is amended to read as follows:
402.1 Definitions. The following terms are defined in Chapter 2:
EMERGENCY EVACUATION DRILL.
LOCKDOWN.
MALICIOUS ALARAM.
NUISANCE ALARAM.
UNINTENTIONAL ALARM.
UNWANTED ALARM.
17. Section 503.1 Where required is amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and
maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix
D Fire Apparatus Access Roads.
18. Section 503.1.1 Buildings and facilities is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall
be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility.
Exceptions:
1. The fire code official is authorized to increase the dimension of 150
feet (45 720 mm) up to 300 feet (91440 mm) where any of the
following conditions occur:
1.1. The building is equipped throughout with an approved
automatic sprinkler system installed in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2. Fire apparatus access roads cannot be installed because of
location on property, topography, waterways, nonnegotiable
grades or other similar conditions, and an approved
alternative means of fire protection is provided.
1.3. There are not more than two Group R-3 or Group U
occupancies.
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2. Where approved by the fire code official, fire apparatus access roads
shall be permitted to be exempted or modified for solar photovoltaic
power generation facilities.
19. Section 503.2 Specifications is amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed and
arranged in accordance with Sections 503.2.1 through 503.2.8 and Appendix
D Fire Apparatus Access Roads.
20. Section 503.2.1 Dimensions is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet (6096 mm), exclusive of shoulders, except for
approved security gates in accordance with Section 503.6, and an
unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm)14
feet (4267 mm).
21. Section 503.2.4 Turning Radius is amended to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access
road shall be determined by the fire code official 25 feet (7.6 m) inside radius
and 50 feet (15.2 m) outside radius.
22. Section 503.2.7 Grade is amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the
limits established by the fire code official based on the fire department’s
apparatus not exceed 10 percent in grade.
Exception: Where approved by the fire code official, grades steeper than
10 percent due to geographic or location conditions may be permitted.
23. Section 503.2.8 Angles of approach and departure is amended to read as
follows:
503.2.8 Angles of approach and departure. The angles of approach and
departure for when entering or exiting fire apparatus access roads shall be
within the limits established by the fire code official based on the fire
department’s apparatus not exceed a 10 percent angle of approach or
departure.
24. Section 503.6 Security gates is amended to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus
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access road shall be approved by the fire code official. Where security gates
are installed, they shall have an approved means of emergency operation. The
security gates and the emergency operation shall be maintained operational at
all times. Electric gate operators, where provided, shall be listed in accordance
with UL 325. Gates intended for automatic operation shall be designed,
constructed and installed to comply with the requirements of ASTM F2200 and
shall comply with the requirements of Appendix D 103.5.
25. Section 505.1 Address identification is amended to read as follows:
Section 505.1 Address identification. New and existing buildings or facilities
shall be provided with approved address identification. The Aaddress
identification shall be legible and placed in a position that is visible from the
street or road fronting the property. Address identification characters shall
contrast with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall not be spelled out. Each character shall be
not less than 4 inches (102 mm) high with a minimum stroke width of ½ inch
(12.7 mm). Where required by the fire code official, address identification shall
be provided in additional approved locations to facilitate emergency response.
Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address identification shall be maintained.
26. A new Section 505.1.1 Address assignment and standards is added to read
as follows:
505.1.1 Address assignment and standards. Addresses shall be assigned
by the governmental entity having jurisdiction (Fort Collins, Timnath, Weld
County or Larimer County) and shall comply with the Larimer County Street
Naming and Addressing Standards as contained in the Larimer County Urban
Area Street Standards.
27. A new Section 505.1.2 Location and size is added to read as follows:
505.1.2 Location and size. The address numbers and letters for any
commercial or industrial buildings shall be placed at a height to be clearly
visible from the street. The minimum height and stroke shall be in accordance
with Table 505.1.2.
A new TABLE 505.1.2 Location and size is added to read as follows:
TABLE 505.1.2
LOCATION AND SIZE
Distance from street curb to
building
Letter/number height
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1 8 in.– 12 in. numbers shall be a minimum 1 in. stroke
2 13 in.– 20 in. numbers shall be a minimum 1 ½ in. stroke
3 21 in. and larger shall have proportional strokes to ensure visibility
28. A new Section 505.1.3 Posting on one- and two-family dwellings is added
to read as follows:
505.1.3 Posting on one- and two-family dwellings. The address numbers
and letters for one- and two-family dwellings shall be a minimum of four inches
in height with a minimum ½ inch stroke and shall be posted on a contrasting
background. If bronze or brass numerals are used, they shall only be posted
on a black background for visibility.
29. A new Section 505.1.4 Monument signs is added to read as follows:
505.1.4 Monument signs. Monument signs may be used in lieu of address
numbers and letters on the building as approved by the fire code official. The
address numbers and letters for monument signage shall be a minimum of four
(4) inches in height with a minimum ½ inch stroke unless otherwise approved
by the fire code official. The address letters and numbers shall also be located
at a minimum height of 22 inches above the surface or grade directly below.
30. A new Section 505.1.5 Unit identifiers is added to read as follows:
505.1.5 Unit identifiers. Buildings with multiple suites, apartments or units shall
have the individual suites, apartments or units provided with individual
identification numbers in sequential order.
1. Suite identifiers accessed from the exterior of the building shall be a
minimum of four inches in height with a minimum ½ inch stroke.
2. Suite identifiers accessed from the interior of the building shall be a
minimum of two inches in height with a minimum ¼ inch stroke.
3. Suites, apartments, or units located on the first floor shall be identified by
numbers within the 100 or 1000 range or series. Suites, apartments or
units located on the second floor shall be identified by numbers within
the 200 or 2000 range or series. Suites, apartments or units located on
Fire Code
Official3
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the third floor shall be identified by numbers within the 300 or 3000 range
or series. Higher floors shall follow this same numbering sequence.
31. A new Section 505.1.6 Multiple address postings is added to read as follows:
505.1.6 Multiple address postings. Buildings, either individually or part of a
multi-building complex, that have emergency access lanes on sides other than
on the addressed street side, shall have the address numbers and street name
on each side that fronts a fire lane. Buildings that are addressed on one street
but are accessible from another street, shall have the address numbers and
street name on each side that is adjacent to another street.
32. A new Section 505.1.7 Interior wayfinding is added to read as follows:
505.1.7 Interior wayfinding. Approved wayfinding signage shall be posted in
conspicuous locations within buildings to provide clear direction to locate any
suite, apartment, or unit within the building. Interior wayfinding signage shall be
a minimum of two inches in height with a minimum ¼ inch stroke.
33. A new Section 505.1.8 Exterior wayfinding is added to read as follows:
505.1.8 Exterior wayfinding. Multiple-building complexes must have
approved signage as needed to direct first responders to individual buildings.
34. A new Section 505.1.9 Campus addressing is added to read as follows:
505.1.9 Campus addressing. Multiple-building complexes that have a single
street address for the entire complex shall utilize alpha or numeric characters
to identify the individual buildings. Such identification shall be assigned to the
buildings in a sequential order following a clockwise direction starting at the
main entrance to the complex.
35. Section 507.2 Type of water supply is amended to read as follows:
507.2 Type of water supply. A water supply shall consist of pressure tanks,
elevated tanks, water mains or other fixed systems capable of providing the
required sustainable fire flow.
36. Section 507.5 Fire hydrant systems is amended to read as follows:
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections
507.5.1 through 507.5.6 and Appendix C.
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37. Section 507.5.1 Where required is amended to read as follows:
507.5.1 Where required. Where a the furthest portion of the a facility or
building or portion thereof hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) 300 feet (91 m) from a hydrant on a
fire apparatus access road, as measured by an approved route around the
exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the fire code official.
Exceptions:
1. For Group R-3, one- and two-family dwellings, and Group U
occupancies, the distance requirement shall be 600 feet (183 m) 400
feet (121 m).
2. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2, the distance requirement shall be 600 feet (183m).
38. Section 605.3 Chimneys and vents is amended to read as follows:
605.3 Chimneys and vents. Masonry chimneys shall be constructed in
accordance with the International Building Code. Factory-built chimneys and
vent systems serving solid-fuel-fired appliances or oil-fired appliances shall be
installed in accordance with the International Mechanical Code. Metal
chimneys shall be constructed and installed in accordance with the
International Mechanical Code. Factory-built chimneys and vent systems
serving gas-fired appliances shall be installed in accordance with the
International Fuel Gas Code. Means for arresting sparks must be in compliance
with the Wildland Urban Interface (WUI) Code.
39. Section 606.3 Operations and maintenance is amended to read as follows:
606.3 Operations and maintenance Commercial cooking systems shall be
operated, inspected and maintained in accordance with Sections 606.3.1
through 606.3.4. As outlined in NFPA 96, cooking appliances shall not be
moved, modified, or rearranged without prior re-evaluation of the fire
extinguishing system by the system installer or qualified servicing agent, unless
otherwise allowed by the design of the fire extinguishing system. Any
movement, modification, or rearrangement of system components shall require
an approved permit from PFA prior to the work being conducted.
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40. A new Section 606.5 Solid fuel-fired cooking appliances is added to read
as follows:
606.5 Solid fuel-fired cooking appliances. Solid fuel-fired commercial
cooking appliances shall comply with applicable provisions of National Fire
Protection Association (NFPA) 96.
41. Section 901.4.7.1 Access is amended to read as follows:
901.4.7.1 Access. Automatic sprinkler system risers, fire pumps and
controllers shall be provided with ready access. Where located in a fire pump
room or automatic sprinkler system riser room, the door shall be permitted to
be locked provided that the key is available at all times. The clear door opening
shall be 32 inches wide and 80 inches high, or a size large enough to
accommodate the largest piece of equipment, whichever is larger.
42. Section 903.2.1.1 Group A-1 is amended to read as follows:
903.2.1.1 Group A-1. An automatic sprinkler system shall be provided
throughout stories containing Group A-1 occupancies and throughout all stories
from the Group A-1 occupancy to and including the levels of exit discharge
serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 12,000 5,000 square feet (1115 464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
4. The fire area contains a multiple-theater complex.
43. Section 903.2.1.3 Group A-3 is amended to read as follows:
903.2.1.3 Group A-3. An automatic sprinkler system shall be provided
throughout stories containing Group A-3 occupancies and throughout all stories
from the Group A-3 occupancy to and including the levels of exit discharge
serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 12,000 5,000 square feet (1115 464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge
serving such occupancies.
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44. Section 903.2.1.4 Group A-4 is amended to read as follows:
903.2.1.4 Group A-4. An automatic sprinkler system shall be provided
throughout stories containing Group A-4 occupancies and throughout all stories
from the Group A-4 occupancy to and including the levels of exit discharge
serving that occupancy where one of the following conditions exists:
1. The fire area exceeds 12,000 5,000 square feet (1115464.5 m2).
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than a level of exit discharge serving
such occupancies.
45. Section 903.2.2 Group B is amended to read as follows:
903.2.2 Group B. An automatic sprinkler system shall be provided for Group B
occupancies where the fire area exceeds 5,000 square feet (464.5 m2) as
required in Sections 903.2.2.1 and 903.2.2.2.
46. Section 903.2.3 Group E is amended to read as follows:
903.2.3 Group E. An automatic sprinkler system shall be provided for Group
E occupancies as follows:
1. Throughout all Group E fire areas greater than 12,000 5,000 square feet
(1115464.5 m2) in area.
2. The Group E fire area is located on a floor other than a level of exit
discharge serving such occupancies.
Exception: In buildings where every classroom has not fewer than
one exterior exit door at ground level, an automatic sprinkler
system is not required in any area below the lowest level of exit
discharge serving that area.
3. The Group E fire area has an occupant load of 300 or more.
47. Section 903.2.4 Group F-1 is amended to read as follows:
903.2.4 Groups F-1 and F-2. An automatic sprinkler system shall be provided
throughout all buildings containing a Group F-1 or F-2 occupancy where one of
the following conditions exists:
1. A Group F-1 or F-2 fire area exceeds 12,000 5,000 square feet
(1115464.5 m2).
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2. A Group F-1 or F-2 fire area is located more than three stories above
grade plane.
3. The combined area of all Group F-1 or F-2 fire areas on all floors,
including any mezzanines, exceeds 24,000 square feet (2230 m2).
4. A Group F-1 occupancy is used to manufacture lithium-ion or lithium
metal batteries.
5. A Group F-1 occupancy is used to manufacture vehicles, energy storage
systems or equipment containing lithium-ion or lithium metal batteries
where the batteries are installed as part of the manufacturing process.
48. Section 903.2.6 Group I is amended to read as follows:
903.2.6 Group I. An automatic sprinkler system shall be provided throughout
buildings with a Group I fire area.
Exceptions:
1. An automatic sprinkler system installed in accordance with Section
903.3.1.2 shall be permitted in Group I-1, Condition 1 facilities.
2. An automatic sprinkler system is not required where Group I-4 day
care facilities are at the level of exit discharge and where every room
where care is provided has not fewer than one exterior exit door and
the fire area does not exceed 5,000 square feet (464.5 m2).
3. In buildings where Group I-4 day care is provided on levels other than
the level of exit discharge, an automatic sprinkler system in
accordance with Section 903.3.1.1 shall be installed on the entire
floor where care is provided, all floors between the level of care and
the level of exit discharge and all floors below the level of exit
discharge other than areas classified as an open parking garage.
49. Section 903.2.7 Group M is amended to read as follows:
903.2.7 Group M. An automatic sprinkler system shall be provided throughout
buildings containing a Group M occupancy where one of the following
conditions exists:
1. A Group M fire area exceeds 12,0005,000 square feet (1115 464.5 m2).
2. A Group M fire area is located more than three stories above grade
plane.
3. The combined area of all Group M fire areas on all floors, including any
mezzanines, exceeds 24,000 square feet (2230 m2).
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50. Section 903.2.9 Group S-1 is amended to read as follows:
903.2.9 Group S-1. An automatic sprinkler system shall be provided
throughout all buildings containing a Group S-1 occupancy where one of the
following conditions exists:
1. A Group S-1 fire area exceeds 12,0005,000 square feet (1115464.5 m2).
2. A Group S-1 fire area is located more than three stories above grade
plane.
3. The combined area of all Group S-1 fire areas on all floors, including any
mezzanines, exceeds 24,0005,000 square feet (2230464.5 m2).
4. A Group S-1 fire area used for the storage of commercial motor vehicles
where the fire area exceeds 5,000 square feet (464.5 m2).
5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal
powered vehicles where the fire area exceeds 500 square feet (46.4 m2).
51. Section 903.2.9.1 Repair garages is amended to read as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be provided
throughout all buildings used as repair garages in accordance with Section
406.8 of the International Building Code, as shown:
1. Buildings having two or more stories above grade plane, including
basements, with a fire area containing a repair garage exceeding 10,000
5,000 square feet (929464.5 m2).
2. Buildings not more than one story above grade plane, with a fire area
containing a repair garage exceeding 12,000 5,000 square feet
(1115464.5 m2).
3. Buildings with repair garages servicing vehicles parked in basements.
4. A Group S-1 fire area used for the repair of commercial motor vehicles
where the fire area exceeds 5,000 square feet (464 m2).
5. A Group S-1 fire area used for the storage of lithium-ion or lithium metal
powered vehicles where the fire area exceeds 500 square feet (46.4
m2).
52. Section 903.2.10 Group S-2 parking garages is amended to read as follows:
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903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be
provided throughout all buildings classified as parking garages containing a
Group S-2 occupancy where any of the following conditions exists:
1. Where the fire area of the enclosed parking garage, in accordance with
Section 406.6 of the International Building Code, exceeds 12,000
square feet (1115 m2). Where a Group S-2 fire area exceeds 5,000
square feet (464.5 m²).
2. Where the enclosed parking garage, in accordance with Section 406.6
of the International Building Code, is located beneath other groups.
Exception: Enclosed parking garages located beneath Group R-3
occupancies.
3. Where the fire area of the open parking garage, in accordance with
Section 406.5 of the International Building Code, exceeds 48,000
square feet (4460 m2).
4. A Group S-2 fire area is located more than three stories above grade
plane.
53. Section 903.2.11.1.3 Basements is amended to read as follows:
903.2.11.1.3 Basements. Where any portion of a basement is located more
than 75 feet (22 860 mm) from openings required by Section 903.2.11.1, or
where walls, partitions or other obstructions are installed that restrict the
application of water from hose streams, the basement shall be equipped
throughout with an approved automatic sprinkler system.
54. Section 903.3.1.2.3 Attics is amended to add subsection 5 and its Exceptions
to read as follows:
. . .
5. In buildings containing dwelling or sleeping units where automatic fire
sprinklers are required in attics, the automatic fire sprinkler system shall
be designed and installed in accordance with NFPA 13, regardless of
the fire sprinkler installation standard allowed for other portions of the
building.
Exceptions:
1. Buildings that do not contain more than 6 individual dwelling
units or sleeping units and the units are separated from each
other with a 1-hour fire barrier.
2. Buildings that do not contain more than 12 individual dwelling
units or sleeping units and is divided into no more than 6
individual dwellings units (complying with number 1 above) by
a minimum 2-hour fire wall.
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3. Buildings containing only Group R-3 occupancy.
55. A new Section 903.3.1.4 Core and shell buildings is added to read as
follows:
903.3.1.4 Core and shell buildings. Automatic fire sprinkler systems in
buildings constructed to house future tenant spaces that are not assigned an
occupancy shall have minimum hazard classification of Ordinary Hazard 2 in
accordance with NFPA 13.
56. Section 903.4.3 Alarms is amended only as to the Exception to read as
follows:
903.4.3 Alarms.
. . .
Exception: Automatic sprinkler systems protecting one- and two-family
dwellings, unless such dwellings are arranged so that it is unclear which
automatic sprinkler system has activated, and for these conditions an
approved audible and visual sprinkler waterflow device, located on the
exterior of the building in an approved location shall be provided for each
fire sprinkler system installed.
57. Section 906.1 Where required, Exception 1 in paragraph 1 is deleted in its
entirety and replaced to read as follows:
906.1 Where required. Portable fire extinguishers shall be installed in all of the
following locations:
. . .
Exceptions:
1. In Group R-2 occupancies, portable fire extinguishers shall be
required in approved common spaces that are readily accessible to
the occupants of dwelling units. Portable fire extinguishers shall have
a minimum rating of 2-A:10-B:C, with a maximum travel distance of
75 feet (22860 mm) as measured from the entry doors of dwelling
units to the mounted portable fire extinguisher. Unless otherwise
specified by a law or regulation, it shall be the responsibility of the
property owner of their authorized designee to maintain portable fire
extinguishers in accordance with this code and NFPA 10.
. . .
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58. Section 907.2.11 Single-and multiple-station smoke alarms is amended to
read as follows:
907.2.11 Single- and multiple-stations smoke alarms. Listed single- and
multiple-station smoke alarms complying with UL 217 shall be installed in
accordance with Sections 907.2.11.1 through 907.2.11.7, NFPA 72 and the
manufacturer’s instructions. Where one or more sleeping rooms are added or
created in existing Group R Occupancies, the entire building shall be provided
with smoke detectors located and installed as required for new Group R
Occupancies described herein.
59. Section 907.5.2.1.3.2 Smoke alarm signal in sleeping rooms is amended to
read as follows:
907.5.2.1.3.2 Smoke alarm signal in sleeping rooms. In sleeping rooms of
Group R-1, R-2 and I-1 occupancies that are required by Section 907.2.8 or
907.2.9 to have a fire alarm system, the audible alarm signal activated by
single- or multiple-station smoke alarms in the dwelling unit or sleeping unit
shall be a 520-Hz signal complying with NFPA 72 or an alternative means
approved by the fire code official.
Where a sleeping room smoke alarm is unable to produce a 520-Hz alarm
signal, the 520-Hz alarm signal shall be provided by a listed notification
appliance or a smoke detector with an integral 520-Hz sounder.
60. A new Section 907.8.5 Excessive false alarms is added to read as follows:
907.8.5 Excessive false alarms. An excessive number of false alarms shall
be defined as two (2) alarm activations for a fire alarm system within a sixty
(60) day period, provided that any such activations are not the result of a cause
reasonably beyond the control of the owner, tenant, or operator of the building.
In the event of an excessive number of false alarms, the fire code official may
order the building owner, tenant, operator of the building or party responsible
for the building to take reasonable actions necessary to prevent false alarms.
These actions may include repair or replacement of the faulty alarm
components, addition of tamper proof devices, modification of system design
and repair of other building components which affect alarm system
performance. The fire code official also may require the building owner, tenant,
operator of the building or party responsible for the building to obtain an
approved maintenance contract with a qualified fire alarm maintenance
technician as required by NFPA 72 to provide continuous maintenance service
of the system.
61. Section 1010.1.4 Floor elevation is amended to read as follows:
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1010.1.4 Floor elevation. There shall be a floor or landing on each side of a
door. Such floor or landing shall be at the same elevation on each side of the
door. Landings shall be level except for exterior landings, which are permitted
to have a slope not to exceed 0.25 unit vertical in 12 units horizontal (2-percent
slope). All exterior steps, slabs, walks, decks and patios serving as exterior
door landings or exterior stairs shall be adequately and permanently secured
in place by approved methods to prevent such landings or stairs from being
undermined or subject to significant displacement due to improper placement
of supporting backfill or due to inadequate anchoring methods.
Exceptions:
. . .
7. Exterior doors serving individual dwelling units, other than the main
entrance door to a dwelling unit, may open at one intervening exterior
step that is equally spaced between the interior floor level above and
exterior landing below, provided that the step has a minimum tread
depth of 12 inches (30.48 cm), a maximum riser height of 7¾ inches
(19.68 cm), and a minimum width equal to the door width and,
provided further that the door does not swing over the step.
62. Section 1011.11 Handrails is amended to read as follows:
1011.11 Handrails. Flights of stairways of more than one riser shall have
handrails on each side and shall comply with Section 1014. Where glass is
used to provide the handrail, the handrail shall comply with Section 2407 of the
International Building Code.
. . .
63. Section 1015.8 Window openings is amended to read as follows:
1015.8 Window openings. Windows in Group R-2 and R-3 buildings including
dwelling units, where the bottom of the clear opening of an operable window is
located less than 3624 inches (914610 mm) above the finished floor and more
than 72 inches (1829 mm) above the finished grade or other surface below on
the exterior of the building, shall comply with one of the following:
. . .
64. A new Section 1015.9 Below grade openings is added to read as follows:
1015.9 Below grade openings. All area wells, stair wells, window wells and
light wells attached to any building that are located less than 36 inches from
the nearest intended walking surface and deeper than 30 inches below the
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surrounding ground level shall have guards or approved covers for fall
protection.
65. Section 1031.2 Where required is amended only as to Exceptions 1 and 5 to
read as follows:
. . .
Exceptions:
1. Basements with a ceiling height of less than 8072 inches
(20321828.8 mm) and that do not contain habitable space, shall not
be required to have emergency escape and rescue openings.
. . .
5. Within individual dwelling and sleeping units in Groups R-2 and R-3,
where the building is equipped throughout with an automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 or
903.3.1.3, sleeping rooms in basements shall not be required to have
emergency escape and rescue openings provided that the basement
has one of the following:
5.1. One means of egress and one emergency escape and
rescue opening.
5.2. Two means of egress.
66. Section 1031.3 Emergency escape and rescue openings is amended to
read as follows:
1031.3 Emergency escape and rescue openings. Emergency escape and
rescue openings shall comply with Sections 1031.3.1 through 1031.3.34.
67. A new Section 1031.3.4 Emergency escape and rescue openings shall be
added to read as follows:
1031.3.4 Minimum height from floor. Emergency escape and rescue window
openings that are located more than 72 inches (1829 mm) above the finished
grade shall have a sill height of not less than 24 inches (609 mm) measured
from the finished interior side floor.
68. Section 1103.2 Emergency responder communications enhancement in
existing buildings is amended to read as follows:
1103.2 Emergency responder communications enhancement in existing
buildings. Existing buildings other than Group R-3 that do not have approved
in-building emergency response communications enhancement for emergency
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responders in the building based on existing coverage levels of the public
safety communication systems, shall be equipped with such coverage
according to one of the following:
1. Where an existing wired communication system cannot be repaired
or is being replaced, or where not approved in accordance with
Section 510.1, Exception 1.
2. Within a time frame established by the adopting authority. In all
buildings exceeding 10,000 sq.ft. and any Type V construction
exceeding 15,000 sq.ft.
Exception: Where it is determined by the fire code official that the in-building
emergency responder communications enhancement system is not needed.
69. Section 1205.3 Other than Group R-3 buildings is amended to read as
follows:
1205.3 Other than Group R-3 buildings. Access to systems for buildings,
other than those containing Group R-3 occupancies, shall be provided in
accordance with Sections 1205.3.1 through 1205.3.3.
Exception: Where it is determined by the fire code official that the roof
configuration is similar to that of a Group R-3 occupancy, and the building
does not exceed three stories and does not require aerial fire apparatus
access in accordance with Appendix D, the residential access and
ventilation requirements in Section 1205.2.1.1 through 1205.2.1.3 are a
suitable alternative.
. . .
70. Section 3102.1 Definitions is amended to read as follows:
3102.1 Definitions. The following terms are defined in Chapter 2:
. . .
MAZE.
71. A new Section 3105.9 Mazes is added to read as follows:
3105.9 Mazes. Mazes, including but not limited to, outdoor corn stalk or hedge-
mazes, or similar indoor or outdoor conditions, shall be in accordance with
requirements established by the fire code official and the PFA’s special event
policies and procedures.
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72. Section 3307.1.2 Stairways required is amended to read as follows:
3307.1.2 Stairways required. Where building construction exceeds 4020 feet
(12 1926096 mm) or one-story in height above the lowest level of fire
department vehicle access, a temporary or permanent stairway shall be
provided to all floors that have secured decking or flooring. As construction
progresses, such stairway shall be extended to within one floor of the highest
point of construction having secured decking or flooring.
73. Section 5001.1 Scope is amended only as to Exception 10 to read as follows:
. . .
10. The production, processing and storage of beer, distilled spirits and
wines in barrels and casks when the facility is in conformance with
the Distilled Spirits Council of the United States (“DISCUS”)
“Recommended Fire Protection Practices for Distilled Spirits
Beverage Facilities” and NFPA 13.
. . .
74. Section 5601.1.3 Fireworks is amended to read as follows:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling
and use of fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Section
5605.
32. The use of fireworks for fireworks displays as allowed in Section
5608.
4. The possession, storage, sale, handling and use of specific types of
Division 1.4G fireworks where allowed by applicable laws,
ordinances and regulations, provided that such fireworks and
facilities comply with the 2006 edition of NFPA 1124, CPSC 16 CFR
Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185, as
applicable for consumer fireworks.
75. Section 5701.2 Nonapplicability is amended only as to numbered item 10 to
read as follows:
. . .
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10. The production, processing and storage of beer, distilled spirits and
wines in barrels and casks when the facility is in conformance with the
DISCUS “Recommended Fire Protection Practices for Distilled Spirits
Beverage Facilities” and NFPA 13.
. . .
76. Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited
is amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage
of Class I and II liquids in above-ground tanks outside of buildings is prohibited
within the limits established by law as set forth in the fire code adoption
ordinance or other regulation adopted by the jurisdiction the limits of districts in
which such storage is prohibited in accordance with the City of Fort Collins
Land Use Code.
77. Section 5706.2.4.4 Locations where above-ground tanks are prohibited is
amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. The
storage of Class I and II liquids in above-ground tanks is prohibited within the
limits established by law as set forth in the fire code adoption ordinance or other
regulations adopted by jurisdiction the limits of districts in which such storage
is prohibited in accordance with the City of Fort Collins Land Use Code.
78. Section 5806.2 Limitations is amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in stationary
containers outside of buildings is prohibited within the limits established by law
as set forth in the fire code adoption ordinance or other regulation adopted by
jurisdiction the limits of districts in which such storage is prohibited in
accordance with the City of Fort Collins Land Use Code.
79. Section 6104.2 Maximum capacity within established limits is amended to
read as follows:
6104.2 Maximum capacity within established limits. For the protection of
heavily populated or congested areas, storage of liquified petroleum gas shall
not exceed an aggregate capacity in any one installation of 2,000 gallons (7570
L) within the limits established by law as set forth in the fire code adoption
ordinance or other regulation adopted by the jurisdiction and in accordance with
the City of Fort Collins Land Use Code.
Exception: In particular installations, this capacity limit shall be determined
by the fire code official, after consideration of special features such as
topographical conditions, nature of occupancy, and proximity to buildings,
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capacity of proposed LP-gas containers, degree of fire protection to be
provided and capabilities of the local fire department.
80. Section 6109.13 Protection of containers is amended to read as follows:
6109.13 Protection of containers. LP-gas containers shall be stored within a
suitable enclosure or otherwise protected against tampering. Vehicle impact
protection shall be provided as required by Section 6107.4.
Exception: Vehicle impact protection shall not be required for protection of
LP-gas containers where the containers are kept in lockable, ventilated
cabinets of metal construction.
81. A new CHAPTER 68 APPENDIX ADOPTION STATUS is added to read as
follows:
APPENDIX TITLE STATUS
A Board of Appeals
B Fire-flow Requirements for Buildings
C Fire Hydrant Locations and Distribution
D Fire Apparatus Access Roads
E Hazard Categories Adopted as reference
F Hazard Ranking Adopted
G Adopted as reference
H Adopted as reference
I Not Adopted
J Building Information Sign
K
L Adopted
M High-rise Buildings—Retroactive
Automatic Sprinkler Requirements Not Adopted
N Indoor Trade Shows and Exhibitions Adopted
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O Not Adopted
82. CHAPTER 80 REFERENCED STANDARDS is amended by adding the
following additional referenced standards:
. . .
CHAPTER 80
REFERENCED STANDARDS
______________________________________________________________________
Distilled Spirits Council of the United States
1250 Eye Street, NW Suite 400
Washington, DC 20005
Standard Reference Title Code
Reference
4th Edition, February 2020 Recommended Fire
Protection Practices
For Distilled Spirits Beverage Facilities ………5001.1,
5701.2
______________________________________________________________________
. . .
Larimer County Engineering
200 W Oak Street
Fort Collins, CO 80524
Standard Reference Title Code
Reference
Enacted August 1, 2021 Larimer County Urban
Area Street Standards
………….……….….………D105.6
______________________________________________________________________
. . .
83. APPENDIX A BOARD OF APPEALS is deleted in its entirety and replaced
with the following:
APPENDIX A
DISCUS
LCUASS
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BOARD OF APPEALS
SECTION A101
GENERAL
A101.1 Scope. Pursuant to the provisions of Section 112 of this code, upon
the filing of an application for appeal of a decision of the fire code official as to
the application and/or interpretation of this code, a board of appeals shall be
established in accordance with Section A101.3. The board shall be established
and operated in accordance with this Section A101 and shall be authorized to
hear evidence from appellant(s) and the fire code official pertaining to the
application and intent of this code for the purpose of issuing a decision pursuant
to these provisions.
A101.2 Application for appeal. Any person or entity shall have the right to
appeal a decision of the fire code official to the board. An application for appeal
shall be based on a claim that the intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted and/or applied, the provisions of
this code do not fully apply, or an equally good or better form of construction is
proposed. The board has the right to dismiss an application for appeal upon
receipt which on its face does not demonstrate plausible grounds that the fire
code official made an incorrect interpretation and/or application, the provisions
of this code do not fully apply, or an equivalent or better form of construction
should be considered. A person wishing to submit an appeal shall request an
application via email or letter to the fire code official. The completed application
shall be filed within 90 days after the date the fire code official’s decision was
issued. The board will not consider an appeal that is not filed within 90 days of
the fire code official’s decision.
A101.2.1 Limitation of authority. The board shall not have authority to waive
requirements of this code or interpret the administration of this code.
A101.2.2 Stays of enforcement. Appeals of notice and orders, other than
Imminent Danger notices, shall stay the enforcement of the notice and order
until the board dismisses the application for appeal pursuant to Section A101.2,
or it issues a decision on the appeal.
A101.3 Membership of board. The board shall consist of no less than three
voting members appointed by the fire code official. Each member will be
selected based on their expertise in the field of which the appellant is
challenging the application and/or interpretation of this code. The board
members will be selected within 20 business days of the fire code official’s
receipt of the appellant's application for appeal. The fire code official shall be
an ex officio member of the board but shall not vote on any matter before the
board.
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A101.3.1 Qualifications. The board shall consist of members who are qualified
by experience and training to pass on matters pertaining to hazards of fire,
explosions, hazardous conditions, or fire protection systems, and are not
employees of the jurisdiction.
A101.3.2 Chairperson. The board shall select one of its members as the
chairperson of the board. The chairperson will present in writing the board’s
dismissal of or decision on an appeal.
A101.3.3 Secretary. The fire code official shall designate a qualified clerk to
serve as secretary to the board. The secretary shall submit a detailed record of
all proceedings to the chief appointing authority and the fire code official, which
shall set forth the reasons for the board’s decision, the vote of each member,
the absence of a member, and any members abstaining from voting.
A101.3.4 Conflict of interest. A member with any personal, professional, or
financial interest in a matter before the board shall declare such interest and
shall recuse themself from the board with respect to that matter.
A101.3.5 Compensation of members. Compensation of members shall be
determined by law.
A101.3.6 Board decision and dissolution. The board’s decision shall be
promptly submitted in writing to the fire code official and the individual(s), entity,
or entities that initiated the appeal. The board shall automatically dissolve 10
business days after it issues its decision if no post-decision issues have been
brought to its attention. The board’s decision is final and conclusive for
purposes of exhaustion of administrative remedies.
A101.4 Rules and procedures. The board shall follow the applicable policies
and procedures of the PFA in carrying out its duties consistent with the
provisions of this code and applicable state law. The procedures shall not
require compliance with strict rules of evidence but shall mandate that only
relevant information be presented.
A101.5 Notice of meetings. The board shall meet upon notice from the
chairperson within 20 calendar days of the last board member being selected
by the fire code official or at stated periodic intervals.
84. APPENDIX B FIRE-FLOW REQUIREMENTS is adopted in its entirety, with the
following amendments:
Section B105.1 One-and two-family dwellings, Group R-3 and R-4
buildings and townhouses is amended to read as follows, with Table
B105.1(1) being deleted in its entirety:
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B105.1 One- and two-family dwellings, Group R-3 and R-4 buildings and
townhouses. The minimum fire-flow and flow duration requirements for one-
and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall
be as specified in Tables B105.1(1) and B105.1(2) 1000 gpm with residual
pressure of 20 psi for a duration of one (1) hour.
Exception: One- and two-family dwellings, Group R-3 and R-4 buildings
and townhouses located outside of the City of Fort Collins Growth
Management Area shall provide a minimum fire-flow of 500 gpm with
residual pressure of 20 psi for a duration of one (1) hour.
Section B105.2 Buildings other than one- and two-family dwellings,
Group R-3 and R-4 buildings and townhouses is amended to read as
follows, with Table B105.2 being deleted in its entirety:
B105.2 Buildings other than one- and two-family dwellings, Group R-3
and R-4 buildings and townhouses. The minimum fire-flow and flow duration
for buildings other than one- and two-family dwellings, Group R-3 and R-4
buildings and townhouses shall be as specified in Tables Table B105.1(2) and
B105.2.
Exception: A reduction in required fire flow of up to 75%, as approved, is
allowed when the building is protected with an automatic fire suppression
system in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting
fire-flow shall not be less than 1,500 gpm for the prescribed duration as
specified in Table B105.1(2).
85. APPENDIX C FIRE HYDRANT LOCATIONS AND DISTRIBUTION is deleted
in its entirety and replaced with the following:
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C101
GENERAL
C101.1 Scope. In addition to the requirements of Section 507.5.1, fire hydrants
shall be provided along public roads and required fire apparatus access roads
in accordance with this appendix for the protection of buildings, or portions of
buildings, hereafter constructed or moved into the jurisdiction.
SECTION C102
NUMBER OF FIRE HYDRANTS
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C102.1 Fire hydrants available. The number of fire hydrants available to a
building, complex or subdivision shall be not less than that determined by
spacing requirements listed in Table C102.1 when applied to fire apparatus
access roads and adjacent public streets from which fire operations could be
conducted.
TABLE C102.1 – REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS.f
APPLICATION
FIRE FLOW
REQUIREMENTS
(gpm)
SPACING
BETWEEN
HYDRANTS
(feet)a,b,c
MAXIMUM
DISTANCE FROM
FURTHEST POINT
ON A BUILDING TO
A
HYDRANT (feet)e
Commercial/
Multifamily
Value as calculated
in accordance with
section B105.2
600
300d
One- &Two-
Family Dwelling
1,000
800
400
One- &Two-
Family Dwelling
500
800
400
a. Reduce by 100 feet for dead-end streets or roads.
b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or
are arterial streets, hydrant spacing shall average 500 feet on each side of the street and be arranged on an
alternating basis.
c. Where new water mains are extended along streets where hydrants are not needed for protection of structures
or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for
transportation hazards.
d. For buildings equipped with a standpipe, see Section 507.5.1.1.
e. For the purposes of determining distance from a building to a hydrant, hydrants located across 2- and 4-lane
arterial roads shall not be considered available unless the building is protected with an approved automatic
fire suppression system. Hydrants located across 6 lane arterial roads shall not be considered available.
f. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site-specific
constraints and hazards.
SECTION C103
FIRE HYDRANT SPACING
C103.1 Hydrant spacing. The average spacing between fire hydrants shall
not exceed that listed in Table C102.1. Regardless of the average spacing, fire
hydrants shall be located such that all points on streets and access roads
adjacent to a building are within the distances listed in Table C102.1.
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Exception: The fire code official is authorized to accept a deficiency of up
to 10 percent where existing fire hydrants provide all or a portion of the
required fire hydrant service.
SECTION C104
CONSIDERATION OF EXISTING FIRE HYDRANTS
C104.1 Existing fire hydrants. Existing fire hydrants on public streets are
allowed to be considered as available to meet the requirements of Sections
C102 and C103. Existing fire hydrants on adjacent properties shall not be
considered available unless fire apparatus access roads extend between
properties and easements are established to prevent obstruction of such roads.
86. APPENDIX D FIRE APPARATUS ACCESS ROADS is deleted in its entirety and
replaced with the following:
APPENDIX D
FIRE APPARATUS ACCESS ROADS
SECTION D101
GENERAL
D101.1 Scope. Fire apparatus access roads shall be in accordance with this
appendix and all other applicable requirements of the International Fire Code
adopted by the City of Fort Collins, including all local amendments.
SECTION D102
REQUIRED ACCESS
D102.1 Access, construction, and loading. Facilities, buildings, or portions
of buildings hereafter constructed shall be accessible to fire department
apparatus by way of an approved fire apparatus access road. All access roads
must be an all-weather driving surface constructed of asphalt, concrete, or
compacted road base and engineered to support the imposed load of fire
apparatus weighing at least 80,000 pounds (36,287 kg).
D102.2 [Reserved].
D102.2.1 Temporary emergency access. Compacted road base or chip shall
only be used for a temporary emergency access. Temporary access shall be
available as long as the site is under construction. Thereafter, permanent fire
lanes shall be accessible and unobstructed at all times.
D102.2.2 Permanent emergency access. All permanent points of access
shall be hard decks consisting of asphalt or concrete designed to HS 20 or to
support 80,000 pounds (36,287 kg). Compacted road base or other surfaces
engineered and capable of supporting the imposed loads may be approved by
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the fire code official for ground mounted solar installations, cell towers and
similar isolated facilities and structures.
D102.2.3 Installation timing. All required access roads must be installed and
serviceable before above-ground construction begins unless otherwise
approved by the fire code official.
SECTION D103
MINIMUM SPECIFICATIONS
D103.1 Access road width with a hydrant. Where a fire hydrant is located on
a fire apparatus access road, the minimum road width shall be 26 feet (7,925
mm), exclusive of shoulders (see Figure 103.1).
FIGURE D103.1 – DEAD END FIRE APPARATUS ACCESS ROAD TURNAROUND
D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent in
grade.
Exception: Grades steeper than 10 percent as approved by the fire code
official. (See section D105.5 for aerial fire apparatus access roads.)
D103.3 Turning radius. The minimum turning radius shall be 25 feet inside
radius and 50 feet outside radius and 18 inches of clearance from the curb is
required.
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150
feet (46 m) shall be provided with width and turnaround provisions in
accordance with Table D103.5.
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TABLE D103.4 - REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS
ROADS
LENGTH
(feet)
WIDTH
(feet) TURNAROUNDS REQUIRED
0-150 20 None required
151-660 20 de-sac in accordance with Figure
Over 660 Special Approval Required
D103.4.1 Additional Points of Access Required. Additional points of access
shall be required where a required access roadway exceeds 660 feet (201 m)
in length.
Exception: Where the access road does not exceed 1320 feet (402 m) in
length and all dwelling units beyond 660 feet (201 m) are equipped
throughout with an approved automatic sprinkler system in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 access from two directions shall
not be required.
D103.4.2 Remoteness. Where two or more points of access are required, they
shall be placed a distance apart equal to not less than one half of the length of
the maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses.
D103.5 Fire apparatus access road gates. Gates securing the fire apparatus
access roads shall comply with all of the following criteria:
1. Where a single gate is provided, the gate width shall be not less than 20
feet (6,096 mm). Where a fire apparatus access road consists of a
divided roadway, the gate shall be not less than 12 feet (3,658 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation
by one person.
4. Gate components shall be maintained in an operative condition at all
times and replaced or repaired when defective.
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5. Electric gates shall be equipped with a means of opening the gate by
fire department personnel for emergency access. Emergency opening
devices must be approved by the fire code official.
6. Methods of locking the gate must be approved by the fire code official.
7. Manual opening gates shall not be locked with a padlock or chain and
padlock unless the padlock is approved by the fire code official and is
compatible with the approved Key Boxes in use by the fire department.
8. Gate design and locking device specifications shall be submitted for
approval by the fire code official prior to installation.
9. Electric gate operators, where provided, shall be listed in accordance
with UL325.
10. Gates intended for automatic operation shall be designed, constructed,
and installed to comply with the requirements of ASTM F 2200.
D103.6 Signs. Where required by the fire code official, fire apparatus access
roads shall be marked with permanent NO PARKING-FIRE LANE signs
complying with Figure D 103.6 or other approved sign. Signs shall have a
minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high
and have red letters on a white reflective background. Signs shall be posted on
one or both sides of the fire apparatus road as required by Sections D103.8.1
or D103.8.2.
FIGURE D103.6 – FIRE LANE SIGNS
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D103.7 Angle of Approach/Departure. Grade changes upon a fire apparatus
access road or when entering or exiting from or to a fire apparatus access road
shall not exceed a 10 percent angle of approach or angle of departure.
SECTION D103.8
FIRE LANE SIGNS
D103.8.1 Roads 20 to 26 feet in width. Fire lane signs as specified in D103.6
shall be posted on both sides of fire apparatus access roads that are 20 to 26
feet wide (6,096 to 7,925 mm).
D103.8.2 Roads more than 26 feet in width. Fire lane signs as specified in
D103.6 shall be posted on one side of fire apparatus access roads more than
26 feet wide (7,925 mm) and less than 32 feet wide (9,754 mm).
D103.9 Minimum Overhead Clearance. Fire access roads shall have a
minimum overhead clearance for the entire width of the access road of not less
than 14 feet (4,267 mm).
D103.10 Fire Apparatus Access Roads. Fire apparatus access roads shall
not be located on an arterial street, as defined by the LCUASS Standards for
arterial roads.
Exception: Buildings, structures, facilities and premises located on multiple
arterial roads may use one arterial road defined as less than six lanes.
SECTION D104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories or 30 feet in height. Buildings or
facilities exceeding 30 feet (9144 mm) or three stories in height shall have at
least two means of fire apparatus access for each structure.
Exception: Buildings or facilities exceeding 30 feet (9144 mm) or three
stories in height that have a single approved fire apparatus access road
where the buildings are equipped throughout with approved automatic
sprinkler systems.
D104.2 Buildings exceeding 62,000 square feet in area. Buildings or
facilities having a gross building area of more than 62,000 square feet (5760
m2) shall be provided with two separate and approved fire apparatus access
roads.
Exception: Projects having a gross building area of up to 124,000 square
feet (11 520m2) that have a single approved fire apparatus access road
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where all buildings are equipped throughout with approved automatic
sprinkler systems.
D104.3 Remoteness. Where two fire apparatus access roads are required,
they shall be placed a distance apart equal to not less than one half of the
length of the maximum overall diagonal dimension of the lot or area to be
served, measured in a straight line between accesses.
SECTION D105
AERIAL FIRE APPARATUS ACCESS ROADS
D105.1 Where required. Where the vertical distance between the grade plane
and the highest roof surface exceeds 30 feet (9,144 mm), approved aerial fire
apparatus access roads shall be provided. For purposes of this section, the
highest roof surface shall be determined by measurement to the eave of a
pitched roof, the intersection of the roof to the exterior wall, or the top of parapet
walls, whichever is greater.
Exception: Where approved by the fire code official, building of Type IA,
Type IB or Type IIA construction equipped throughout with an automatic
sprinkler system in accordance with Section 903.3.1.1 and having firefighter
access through an enclosed stairway with Class I Standpipe from the lowest
level of fire department vehicle access to all roof surfaces.
D105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the
immediate vicinity of the building or portion thereof if the fire apparatus access
road is not a dead end. Dead end fire apparatus access roads for aerial
apparatus access shall be a minimum of 30 feet (9144 mm) wide.
D105.3 Proximity to building. One or more of the required access roads
meeting this condition shall be located within a minimum of 15 feet (4572 mm)
and a maximum of 30 feet (9144 mm) from the building and shall be positioned
parallel to one entire side of the building. The side of the building on which the
aerial fire apparatus access road is positioned shall be approved by the fire
code official.
D105.4 Obstructions. Overhead utility and power lines shall not be located
over the aerial fire apparatus access road or between the aerial fire apparatus
access road and the building. Other obstructions may be permitted to be placed
only if approved by the fire code official.
D105.5 Grade. Aerial fire apparatus access roads adjacent to the building shall
not exceed 5 percent in grade.
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D105.6 Road type. Aerial fire apparatus access roads shall not be located on
an arterial streets as defined by the LCUASS standards for arterials.
Exception: Buildings or facilities located on multiple arterial roads can use
one arterial road defined as less than six (6) lanes. Or approved by the fire
code official..
SECTION D106
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be equipped
throughout with two separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single
approved fire apparatus access road when all buildings, including
nonresidential occupancies, are equipped throughout with approved
automatic sprinkler systems installed in accordance with Section 903.3.1.1
or 903.3.1.2.
D106.2 Projects having more than 200 dwelling units. Multiple-family
residential projects having more than 200 dwelling units shall be provided with
two separate and approved fire apparatus access roads regardless of whether
they are equipped with an approved automatic sprinkler system.
D106.3 Remoteness. Where two fire apparatus access roads are required,
they shall be placed a distance apart equal to not less than one half of the
length of the maximum overall diagonal dimension of the lot or area to be
served, measured in a straight line between accesses.
SECTION D107
ONE- OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential developments.
Developments of one- or two-family dwellings where the number of dwelling
units exceeds 30 shall be provided with two separate and approved fire
apparatus access roads that comply with Section D103.5.2.
Exception: Where there are more than 30 dwelling units on a single public
or private fire apparatus access road not exceeding 1320 feet (402 m) in
length and all dwelling units are equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2
or 903.3.1.3 access from two directions shall not be required.
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D107.2 Future connection. The number of dwelling units on a single fire
apparatus access road shall not exceed 30 dwelling units unless fire apparatus
access roads will connect with future development, as determined by the fire
code official.
D107.3 Remoteness. Where two access roads are required, they shall be
placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured
in a straight line between accesses.
SECTION D108
REFERENCED STANDARDS
D108.1 General. See Table D108.1 for standards that are referenced in various
sections of this appendix. Standards are listed by the standard identification
with the effective date, standard title, and the section or sections of this
appendix that reference the standard.
TABLE D108.1
REFERENCED STANDARDS
ACRONYM HEREIN
ASTM F 2200—14
Standard Specification for
Automated Vehicular Gate
D103.5
UL 325—02
Door, Drapery, Gate,
Louver, and Window
Operators and Systems,
with Revisions through
May 2015
D103.5
SECTION D109
SCHOOL EMERGENCY IDENTIFICATION NUMBERS
AND EMERGENCY RESPONSE MAP
D109.1 Scope. New and existing buildings, structures, mobile rooms, and
auxiliary buildings as part of any public school, institute charter school, and
junior college meeting 8 CCR 1507-30, shall be provided with approved
emergency identification numbering and an approved emergency response
map. Emergency identification numbers shall be placed on the exterior, top left
corner of each door in an approved clockwise sequence for each building or
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Item 14.
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structure. Numbers shall be Arabic and numerically displayed as opposed to
spelled out. Each number shall be a minimum of 5 inches (127 mm) high with
a minimum stroke of 3/4 inch (19.05 mm). Emergency identification numbers
which serve doors that do not have electronic access are permitted to be of any
color scheme other than the color red, provided the numbers contrast with their
background and are readily distinguishable. Emergency identification numbers
which serve doors that do have electronic access shall have numbers that are
green in color with a white background and shall be of a reflective quality.
Emergency identification numbers shall be permanent and durable. Emergency
identification numbers shall be maintained.
D109.2 Emergency Response Map. An emergency response map shall be
required to be provided to the PFA and any responding law enforcement
agency. The map shall display an aerial view of all buildings and structures.
The boundary of each building or structure shall be clearly distinguishable with
the corresponding emergency identification numbers displayed.
Exceptions:
1. Where it is impractical to post emergency identification numbers on
or above a door frame, such as for glass doors, posting in the top left
corner of the glass or spandrel panel within the door is permissible.
2. Where more than one door is provided as part of an assembly, only
one door is required to have an emergency identification number.
3. Where multiple doors or assemblies of doors are provided, they
occur along the same wall, and they serve the same common area,
only one door is required to have an emergency identification
number.
4. Doors which serve floors above the first floor or primary access level,
shall have an emergency identification number to correspond with
the number of the door in closest proximity on the first floor or primary
access level.
5. Doors which do not provide access to the greater interior portion of
any building or structure, such as for electrical or mechanical access,
shall not require an emergency identification number but shall be
identified on the emergency response map and labeled as a utility
room with a designation as (UR).
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Item 14.
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6. Elevators shall not require an emergency identification number but
shall be identified on the emergency response map and labeled as
an elevator with a designation as (ELV).
Section 4. The City Attorney and the City Clerk are authorized to modify the
formatting and to make such other amendments to this Ordinance as necessary to
facilitate publication in the Fort Collins Municipal Code; provided, however, that such
modifications and amendments shall not change the substance of the Code provisions.
Introduced, considered favorably on first reading on March 18, 2025, and approved
on second reading for final passage on May 20, 2025.
________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Effective Date: May 30, 2025
Approving Attorney: Madelene Shehan
Exhibit A: Notice of Public Hearing dated February 23, 2025
Page 213
Item 14.
NOTICE OF PUBLIC HEARING
NOTICE is hereby given of a public hearing to be held before the City Council of the City
of Fort Collins,Colorado,on the 18th day of March,2025,at 6:00 p.m.,or as soon thereafter as
the matter may come on for hearing,in the Council Chambers at the City Hall,300 Laporte
Avenue,Fort Collins,Colorado for the purpose of considering the adoption of ordinances adopting
by reference the 2024 International Fire Code,together with local amendments,promulgated by
the International Code Council.
Not less than one (1)copy of said Codes has been,and now is on file in the Office of the
City Clerk of the City of Fort Collins and is available for public inspection.
The purpose of the International Fire Code adopted by said ordinance is to provide for
protection of public health and safety and general welfare regarding fire prevention and
suppression.
Individuals who wish to address Council via remote public participation can do so through
Zoom at https://zoom.us/i/98241416497.(The link and instructions are also posted
at www.fc ov.comlcouncilcomments.)Individuals participating in the Zoom session should
watch the meeting through that site,and not via FCTV,due to the streaming delay and possible
audio interference.
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 (VITDD:Dial 711 for Relay
Colorado)for assistance.Please provide 48-hour advance notice when possible.
A petición,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 Ia Ciudad.Para asistencia,
Ilame al 970.221.6515 (VITDD:Marque 711 para Relay Colorado).Por favor proporcione 48
horas de aviso previo cuando sea posible.
This notice is given and published by order of the City of Fort Collins,Colorado.
Dated at Fort Collins,Colorado this 23rd day of February,2025
~LlZA A
De1ynj~oldiron
City Clerk
EXHIBIT A TO ORDINANCE NO. 051, 2025
Page 214
Item 14.
File Attachments for Item:
15. Public Hearing and Resolution 2025-059 Approving a First Amendment to the
Amended and Restated Service Plan for Foothills Metropolitan District.
Per the City’s Financial Management Policy 10 – Metro Districts (the “Policy”), authorized by
Resolution 2021-045, the procedures for conducting a hearing on metropolitan district service
plan or plan amendment will be in accordance with the Council’s adopted procedures and
Section 3.K. of the Policy, which sets the order of the proceedings on such a public hearing as
follows:
1. Announcement of item;
2. Consideration of any procedural issues;
3. Explanation of the application by City staff;
4. Presentation by the applicant;
5. Public testimony regarding the application;
6. Rebuttal testimony by the applicant;
7. Councilmember questions of City staff and the applicant; and
8. Motion, discussion and vote by City Council.
In 2012, the District was organized to redevelop the then existing Foothills Mall (approval of the
formation of the District and its original Service Plan by City Council was by Resolution 2012-
084). Council approved the current Amended and Restated Service Plan for the Foothills
Metropolitan District (the “District”) on May 7, 2013 (Resolution 2013-044).
Since the District’s formation and redevelopment, some of the planned activation has been
successful. However, several factors have affected the commercial leasing of all property, which
has impacted the revenues dedicated for debt service payment. To address the
underperforming aspects, MXD Fort Collins, LLC (the “Current Developer”) is currently
designing a new redevelopment plan. The First Amendment supports this new approach to
redevelopment by:
1. Increasing the maximum amount of debt the District can have outstanding.
2. Extending the length of the debt the District is allowed to incur and clarifying refunding.
3. Making other changes to ensure consistency with the new redevelopment plan.
The First Amendment expands the list of eligible improvements but does not expand the list of
eligible improvements for which the City or the Fort Collins Urban Renewal Authority (the
“Authority”) are obligated to participate in or contribute revenues to finance. This item is related
to another item on the agenda, Resolution 2025-060, Approving a Development Agreement to
Secure Public Benefits for Foothills Mall Redevelopment, which, if adopted, would approve a
Public Benefits Agreement that would be effective upon the effective date of this Resolution
2025-059.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 8
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Josh Birks, Deputy Director, Sustainability Services and Acting Executive Director, Fort Collins Urban
Renewal Authority
SUBJECT
Public Hearing and Resolution 2025-059 Approving a First Amendment to the Amended and
Restated Service Plan for Foothills Metropolitan District.
EXECUTIVE SUMMARY
Per the City’s Financial Management Policy 10 – Metro Districts (the “Policy”), authorized by Resolution
2021-045, the procedures for conducting a hearing on metropolitan district service plan or plan amendment
will be in accordance with the Council’s adopted procedures and Section 3.K. of the Policy, which sets the
order of the proceedings on such a public hearing as follows:
1. Announcement of item;
2. Consideration of any procedural issues;
3. Explanation of the application by City staff;
4. Presentation by the applicant;
5. Public testimony regarding the application;
6. Rebuttal testimony by the applicant;
7. Councilmember questions of City staff and the applicant; and
8. Motion, discussion and vote by City Council.
In 2012, the District was organized to redevelop the then existing Foothills Mall (approval of the formation
of the District and its original Service Plan by City Council was by Resolution 2012-084). Council approved
the current Amended and Restated Service Plan for the Foothills Metropolitan District (the “District”) on
May 7, 2013 (Resolution 2013-044).
Since the District’s formation and redevelopment, some of the planned activation has been successful.
However, several factors have affected the commercial leasing of all property, which has impacted the
revenues dedicated for debt service payment. To address the underperforming aspects, MXD Fort Collins,
LLC (the “Current Developer”) is currently designing a new redevelopment plan. The First Amendment
supports this new approach to redevelopment by:
1. Increasing the maximum amount of debt the District can have outstanding.
2. Extending the length of the debt the District is allowed to incur and clarifying refunding.
3. Making other changes to ensure consistency with the new redevelopment plan.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 8
The First Amendment expands the list of eligible improvements but does not expand the list of eligible
improvements for which the City or the Fort Collins Urban Renewal Authority (the “Authority”) are obligated
to participate in or contribute revenues to finance. T his item is related to another item on the agenda,
Resolution 2025-060, Approving a Development Agreement to Secure Public Benefits for Foothills Mall
Redevelopment, which, if adopted, would approve a Public Benefits Agreement that would be effective
upon the effective date of this Resolution 2025-059.
STAFF RECOMMENDATION
Staff recommends consideration by Council, after conducting a hearing on Resolution 2025-059, of action
on Resolution 2025-059.
BACKGROUND / DISCUSSION
Legal and Procedural Requirements
Part 2, Article 1 of Title 32 of the Colorado Revised Statutes (“C.R.S.”) authorizes the formation of a
metropolitan district within the City by approval of Council of the district’s proposed service plan, after a
hearing on the proposed service plan which sets forth the public improvements and services which the
district will provide, by adoption of a resolution and subsequent voter approval in favor of the organization
of the district, per Part 3, Article 1 of Title 32, C.R.S.
Amendments to service plans which constitute a “material modification” of the originally approved service
plan require additional approval and process that is similar to those upon formation of a district, including
a public hearing on the proposed service plan amendments. C.R.S. § 32-1-207.
The City’s Financial Management Policy 10 – Metro Districts (the “Policy”), as authorized by City Council
Resolutions 2021-045, 2019-016, 2018-079, and 2008-069, further establishes the criteria, guidelines, and
processes for the City in considering applications for service plans for proposed metropolitan districts and
amendments to those plans. The Policy was originally adopted in 2008 and revised in both 2018 and 2021.
The Policy sets expectations that metropolitan districts will provide broad public benefits, requires applicant
assurances and specific commitments, and provides for enforcement of these public benefits by inclusion
of related terms in district service plans, development agreements and other contracts. Policy Section 10.1
and Exhibit provide guidance to applicants on the evaluation of public benefits, including the delivery of
housing that meets City priorities as articulated in various plans, including affordable housing (permanent,
80% AMI), workforce housing (permanent, 81%-120% AMI), infill/redevelopment projects, and projects that
serve the City’s economic health.
History of the Foothills Mall Redevelopment
Prior to redevelopment, the owner of Foothills Mall – Alberta Development Partners, in partnership with
Walton Street Capital (the “Original Developer”) – requested the formation of a Metropolitan Districts as
allowed by Title 32 of the Colorado Revised Statues. On May 7, 2013, Council approved, by Resolution
2013-44, an Amended and Restated Service Plan for Foothills Metropolitan District (the “District”) to
operationalize significant components of the Redevelopment and Reimbursement Agreement (the
“Agreement”) between the City of Fort Collins (the “City”), Fort Collins Urban Renewal Authority, Walton
Foothills Holdings VI, LLC and the District.
The Original Developers undertook a comprehensive redevelopment of the Foothills Fashion Mall (the
“Original Project”). The Original Project included mixed use redevelopment with a commercial/retail
component, a commercial parking structure and 402 multi-family dwelling units on 76.3 acres. Construction
of the Project was completed in 2016.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 3 of 8
Previous Public Finance Package
The original redevelopment effort was supported by a bond issued by the District which facilitated $53
million of net bond proceeds to fund public infrastructure improvements, the Foothills Mall Activity Center,
and an underpass beneath College Avenue connecting the Original Project to the MAX Bus Rapid Transit.
The bond was supported by a public finance package that included five revenue sources: (a) Metro District
Capital Mills; (b) Metro District Specific Ownership Tax; (c) Property Tax Increment; (d) a Public
Improvement Fee; and (e) Sales Tax Increment.
All revenues were pledged to the District for the duration of the tax increment collection period (2014 to
2038) to support repayment of the bond. The pledge of the sales tax revenue was intended to support the
bond debt service only if needed and to fill a supplemental reserve account required by bond terms. Any
pledged sales tax increment revenue more than that commitment was to be remitted back to the City.
Currently, the City has not received any excess sales tax increment revenue.
Current Situation
Since its completion, the Original Project has been able to consistently lease out the retail shops along
College Avenue at approximately 90 percent occupancy. However, the interior portion of the property – the
enclosed retail shops – have struggled to achieve similarly high rates of occupancy with only 49 percent
occupancy today. Further, since 2016, there have been international and national trends that have
impacted consumer and other market behaviors within the bounds of the Current Project, including retail
consolidation, the 2020 COVID pandemic, rising construction costs, increasing housing costs. These
international and national trends are major considerations that factor into renewed investm ent in the site.
In the near term, activities within Original Project are not generating robust tax and increment revenues.
Presently, the pledged revenues, all together, are just sufficient for repayment of annual debt service. The
Current Developer’s bond underwriter’s forecast indicates that pledged revenues may not be sufficient for
annual debt service payments sometime in calendar year 2028. To address a potential insufficiency of
revenues under the present financing structure, the Current Developer is proposing changes necessary to
refinance the debt. To accomplish this, the existing principal balance of the original bonds, approximately
$62 million, would be refunded. Then, to align revenues with the debt obligation, the Current Developer is
requesting the ability to issue new bonds based on revised and to pledge new revenue sources to support
a second approach at redevelopment.
CURRENT PROPOSED PROJECT
The proposed project builds upon a previous redevelopment seeking to address inefficiencies of the current
site as well as additional redevelopment not possible under the previous attempt due to outstanding leases
and property ownership, namely the redevelopment of the Macy’s building). As a result, the proposed
project will include the following major components:
A 32 percent reduction in existing retail square footage with a significant reimagining of the current
enclosed mall portion of the property. The goal is to “right size” the amount of retail to position the site
for long-term success.
Approximately 300 new housing units across a range of types including townhomes, stacked
condominiums and affordable rental.
Around 11 acres of new public space and trails.
PROPOSED AMENDMENT
The proposed First Amendment to the Amended and Restated Service Plan for the Foothills Metropolitan
District (the “First Amendment”) changes several aspects of the current service plan, the Amended and
Restated Service Plan for the Foothills Metropolitan District (the “Current Service Plan”).
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 4 of 8
The first set of proposed changes occurs in Section II of the current Amended and Restated Service Plan
(Definitions) and includes:
Add-On PIF Revenues – Amends the definition (“Add-On PIF Revenues”) by adding the following in
underlines: “has the same meaning as in the Redevelopment Agreement, subject to adjustment as to
amount as provided in the PIF Covenant. Throughout the term of the Redevelopment Agreement, the
amount of the Add-On PIF Revenue shall not be reduced below 1.00%.” This change enables the
Current Developer to adjust the PIF amount to raise additional revenue to support the District’s
ability to take on expanded debt. The proposed First Amendment caps the PIF at 3.00%. The Current
Developer plans to increase the total Add-On PIF Revenue to 1.25%.
o The PIF is a private fee added to the price of goods at the point of sale pledged to support the
repayment of District bonds. As a private fee, this component does not require approval by the
City Council. However, recognizing that a 1.00% fee was pledged as part of the original agreement.
Therefore, it is important to ensure that the amount never falls below this threshold, otherwise it
would require additional use of Tax Increment revenues (both property and sales tax).
Named Developer – Changes the named developer from Walton Foothills Holding VI, LLC to MXD Fort
Collins, LLC, and from a Colorado limited liability company to a Delaware limited liability company. This
change updates the Current Service Plan to reflect the Current Developer/property owner.
Eligible Improvements – Expands the list of improvements eligible to be funded by the District to
include those described in Attachment 1 to the proposed First Amendment. With some additional
contingency making the total eligible expenditure $75 million. The original list of eligible improvements
remains intact as they were funded with the Foothills Mall Fund. This change increases the value of
the eligible improvements from the original $53 million to approximately $128 million. The
expansion of the list of eligible improvements does not increase the obligation of the City or the Fort
Collins Urban Renewal Authority (the “Authority”) to participate in or contribute revenues to finance the
newly identified eligible improvements.
Financial Plan – Updates the definition to reflect the Financial Plan attached to the proposed First
Amendment as Attachment 2 rather than the Financial Plan attached to the original District Service Plan.
As the Financial Plan describes how the Eligible Improvements are to be financed and how the debt is
expected to be incurred, it requires updating based on new revenue sources and other changes. This
change swaps out the old Financial Plan for a revised plan based on the new revenue and debt
anticipated by the Current Developer.
The rest of the proposed changes to the District’s Current Service Plan occur in Section VI (Financial Plan)
of the proposed First Amendment and only the stated aspects of this section change the rest remain in
effect as written. The changes are intended to enable the Current Developer to ask the District to
incur additional debt enabling it to finance the updated list of Eligible Improvements. The ability to
incur additional debt is created by the following changes (summarized in Table 1, below):
Maximum Debt Authorization – Increases the previous amount of $72.95 million to $166.00 million.
This change enables the District to incur additional debt generating approximately $75 million in
net new proceeds to fund Eligible Improvements. The net new proceeds number exceeds the current
estimated cost of the Eligible Improvements to provide cushion for interest rate fluctuations, reserve
fund needs, project delays, and unforeseen cost overruns. As below, this increased maximum debt
authorization intended to provide new debt authority to be financed by non-City and non-Authority,
District revenues.
Total & Annual Net Debt Service – Increases the previous amount from $180.00 million to $350.00
million. Net Debt Service is the sum of all principal and interest payments on the debt. Thus, an increase
in the Maximum Debt Authorization requires a corresponding change to both the total and annual Net
Debt Service amounts. This change supports the District’s ability to incur additional debt to fund
additional Eligible Improvements as part of the proposed redevelopment.
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 5 of 8
Maximum Debt Maturity Term – Increases the previous maximum term from twenty-five (25) to forty (40)
years from the date of issuance of the debt. This change extends the length of the debt incurred by
the District. Allowing the Debt Service Mill Levy of fifty (50) mills to be leveraged over a longer
period resulting in additional revenue and debt expense. Couple this change with the proposed
increase in the Add-On PIF and together they create the revenue necessary to support additional debt.
Table 1
Amendments to Section VI – Financial Plan
Item Previous Amended
Maximum Debt Authorization $72.95 M $166.00 M
Total Net Debt Service $180.00 M $350.00 M
Maximum Debt Maturity Term 25 Years
(from
issuance)
40 Years
(from
issuance)
Application of the 2013 Redevelopment and Reimbursement Agreement
The First Amendment does not propose to change the commitments of the City under the 201 3
Redevelopment and Reimbursement Agreement, approved by adoption of Resolution 2013-042, which
defined the projects to be financed (the “eligible improvements”), the pledged revenues by the parties, and
set a “cap amount” of $53 million.
Urban Renewal Authority
This proposal does not change the commitments of the Authority under the 2013 Redevelopment and
Reimbursement Agreement, nor does the proposed amendment, by its terms, call for changes to the Urban
Renewal Plan.
Furthermore, the purpose of the Urban Renewal Plan, which is the remediation of blight and the prevention
of its further spread, may align with the high-level plans presented by the Current Developer to the City.
Other conditions arising since the completion of the Original Project may be relevant to a determination of
blight, including the vacancy of the former anchor tenant location of the core, legacy shopping center.
These conditions may arguably be remediated the continued development of the site by shifting from
enclosed retail space, which may be considered an outmoded form of development, to a more flexible and
viable form of development. Therefore, the First Amendment and the plans presented for the site by the
Current Developer may be consistent with the purposes for which the Authority and the Urban Renewal
Plan were established.
METRO DISTRICT POLICY
As above, the City adopted its Policy for reviewing service plans for metropolitan districts. The 2021 Policy
revisions focused on emphasizing disclosure and transparency requirements and add an evaluation points
system for the public benefits provided by metropolitan districts (“Metro Districts”) serving primarily
residential development.
CITY FINANCIAL IMPACTS
When City and FCURA originally considered the approval of the 2013 Amended and Restated Service
Plan and associated public finance package, staff prepared an estimate of the total amount of incremental
sales tax anticipated to be invested in the project. The 2013 staff estimate relied on several assumptions,
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Item 15.
City Council Agenda Item Summary – City of Fort Collins Page 6 of 8
many of which have not been borne out in the development of national and global markets and trends
since that time. While experience (and optimism) informed the assumption that overall growth would
moderate the potential maximum City reimbursement pledge, the 2013 Redevelopment and
Reimbursement Agreement did not include a hard cap or other limitation; rather, the agreement pledged
100 percent of the sales tax increment associated with the then 2.25% General Fund tax rate. Please note
that, while the City’s General Fund sales tax rate increased, the original rate of 2.25% that was committed
to the project did not increase.
In May 2013, staff estimated that the total incremental sales tax invested in the project would total
approximately $8.8 million, see Table 2 below. To date, the City has contributed $3.5 million significantly
below the original estimate due to several factors including:
Lower than expected financing costs – the original bond closed at 5.92%, which was lower than the
rate assumption of 7.00% when estimates were developed.
Higher than expected property values – Actual property values of the Original Project were assessed
higher than original estimates resulting in higher-than-expected property tax revenue collections – both
increment and metro district – from 2015 to 2023.
Lower than expected sales tax increment revenue – Due to the market conditions described below,
actual retail sales performance of the project from 2015 to 2023 came in much lower than originally
estimated resulting in less sales tax increment revenue to remit to the project.
Table 2
Original Sales Tax Estimates, May 2013
To evaluate the impact on the City, staff evaluated the following: (1) the impacts of the proposed First
Amendment on revenues pledged to repayment of Debt through the Redevelopment and Reimbursement
Agreement (the “Agreement”), and (2) the estimated sales tax “invested” towards repayment of debt
because of the tax increment pledge.
Impact on the City’s Debt Obligation
The First Amendment does not propose to alter the nature of the obligation of the City to participate in the
repayment of current debt, because it does not require or condition is approval on amendment of the 2013
Redevelopment and Reimbursement Agreement or otherwise create new obligations for the City. The
proposed First Amendment, further, does not change the pledged revenues of either the City or Authority.
The property tax increment pledge remains 100 percent until its expiration in 2038. Additionally, the sales
tax increment remains limited to the 2.25 percent portion of the rate, excluding recent increases to the
General Fund rate and all dedicated sales taxes. The current pledge of the City of its sales tax increment
is unchanged by the First Amendment, so will remain 100 percent of the increment until the plan expires.
Therefore, the proposed First Amendment does not, by its terms, change the City’s or Authority’s obligation
to participate in the repayment of the debt; however, please see the below discussion on revenues.
Year
Metro
District
Revenue
City Sales Tax
Revenue
Non-Pledged
Sales Tax
Pledged
Increment
Bond
Payments &
Reserve
Increment
Returned to City
City
Contribution
2012 4.8
2015 2.1 5.0 5.0 2.5 4.6 - 2.5
2016 2.3 5.3 5.3 3.1 5.4 - 3.1
2017 6.5 5.4 5.4 3.2 9.7 - 3.2
2018 6.5 8.8 5.5 3.3 6.0 3.3 -
2019 6.7 9.0 5.6 3.4 5.7 3.4 -
TOTAL 15.4 6.6 8.8
Original Assumptions
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Impact on Estimated Sales Tax
While the City’s obligation is not changed in the First Amendment, the estimated City sales tax revenues
that will be applied towards the repayment of the project debt requires additional evaluation.
Please note that the May 2013 estimates of sales tax revenue necessary to meet the City’s pledge were
presented to provide context and perspective for policymakers. Widely accepted economic assumptions
that were applied in 2013 did not include the subsequent structural changes in national and international
retail markets, such as the growing share of retail sales by remote sellers and other global shifts in
consumer behavior. The May 2013 estimates were conservative and based on general economic
assumptions during the term of the debt repayment; but the estimate was not a limit on the City’s sales tax
revenue obligation. The assumed early “retirement” of the sales tax increment, in whole or part, beginning
in 2018 were not realized. With or without the First Amendment, the City’s pledge of its sales tax increment
will extend well into the debt repayment term.
The activities and properties within the District do not currently generate robust sales and property tax
revenue for debt payment under the current financing structure. When actual pledge revenues are less
than those forecasted, it is common to consider restructuring debt, including refunding the initial bonds and
then refinancing the project. Here, refunding the initial bonds would likely increase the City revenues
pledged for its sales tax increment – in part because the overall cost of financing will increase based on
rate assumptions. Therefore, the City’s pledged sales tax revenues from the current agreement will likely
exceed the original estimate of $8.8 million – it is unclear by how much. Again, the City’s pledge will likely
exceed this amount, with or without the First Amendment.
It is possible, however, to more clearly estimate the amount of City sales tax revenue which may be
necessary to meet the City’s pledge per the Redevelopment and Reimbursement Agreement under the
proposed First Amendment. Based on the Financial Plan attached to the proposed First Amendment, the
estimated sales tax increment “invested” into the project would be approximately $30.5 million, see Table
3 below. However, it should be noted that the same conditions apply to the current sales tax pledge that
applied when the Redevelopment and Reimbursement Agreement was put in place in 2013. This current
estimate is moderated by a larger assumption that economic conditions for the entire term of the pledge
cannot be forecasted through the period of the City’s pledge, ending in 2038.
As additional context, it is important to note that the City’s sales tax increment pledge was designed to
increase overall revenue to the City, both in the near and long term, from increased retail sales. Currently,
it is estimated that the City may realize $78.4 million in non-pledged and base sales tax; however, if
vacancy rates and other trends in the area continue to deteriorate, the City may not receive the estimated
non-pledged sales tax receipts. Setting aside dynamics and trends outside of local control, one of the larger
purposes that may be served in refinancing the debt of the District would be to redevelop the site to increase
the likelihood of continued, robust activities in this area.
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City Council Agenda Item Summary – City of Fort Collins Page 8 of 8
Table 3
Revised Sales Tax Estimates, 2025
At the Council Finance Committee, there was a request for additional details on the revenue received to-
date by the metro district and additional anticipated revenues to be received by the metro district. Agenda
Item Summary (AIS) Attachment 1 provides the requested detailed information on the metro district
revenue and debt.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Presented to the Council Finance Committee on February 6, 2025, with a recommendation to refer to
Council for consideration with additional information on district revenues, firm details on affordable housing
commitment, and clarity on the Public Improvement Fee amount.
PUBLIC OUTREACH
Public notice of the First Amendment was provided consistent with statutory requirements of Title 32,
C.R.S. and the City Metropolitan District Policy (see AIS Attachment 2, “Certificate of Mailing Notice of
Hearing and Publication”).
ATTACHMENTS
1. Staff Summary of Metropolitan District Revenue and Debt
2. Certificate of Notice of Public Hearing
3. Staff Presentation
4. Applicant Presentation
5. Resolution 2025-059
Tax Revenue
Year
Est. Taxable
Sales
City Sales Tax
Revenue
(@ 4.35%)
Dedicated &
Non-Pledged
Taxes
(2.10% rate)
Pledged
Sales Tax
(2.25% rate)
LESS:
Collection
Admin Fee
LESS: Base
Collections
(2.25% rate)
Pledged
Increment
(2.25% Rate)
2025 119.7$ 5.2$ 2.5$ 2.7$ 0.0$ 1.8$ 0.8$
2026 75.3$ 3.3$ 1.6$ 1.7$ 0.0$ 1.8$ -$
2027 75.3$ 3.3$ 1.6$ 1.7$ 0.0$ 1.8$ -$
2028 164.3$ 7.1$ 3.5$ 3.7$ 0.1$ 1.8$ 1.8$
2029-2038
(Annually)208.1$ 9.1$ 4.4$ 4.7$ 0.1$ 1.8$ 2.8$
Total 2,515.6$ 109.4$ 52.8$ 56.6$ 0.8$ 25.6$ 30.5$
Page 223
Item 15.
[xxx Department]
[xxx physical address]
PO Box 580, Fort Collins, CO 80522
[970-xxx-xxxx]
[xx email@fcgov.com]
CC: [list any additional recipients]
MEMORANDUM
Date: May 20, 2025
To: Mayor and City Councilmembers
From: Josh Birks, Deputy Director, Sustainability Services
Subject: Overview of Foothills Metropolitan District Financials (Actuals & Forecast)
This memorandum responds to a request from the Council Finance Committee meeting on
February 6, 2025, for details on revenues of the Foothills Metropolitan District (“Metro District”)
received to-date and anticipated under the proposed amendments.
ACTUAL REVENUES (2014 TO 2024)
The Metro District has received a total of $41.1 million in revenue since 2014. The source of this
revenue includes:
Sales tax increment from the two and a quarter percent (2.25%) tax rate, which was the
effective non-pledged rate at the time of the tax increment pledge. A total of $3.4 million
has been remitted to the Metro District, or 8.3 percent of all revenue.
Property tax increment from the redevelopment project, including a portion dedicated to
operations and maintenance of the Metro District owned infrastructure. A total of $21.6
million has been remitted to the Metro District, or 52.6 percent of all revenue.
Personal property tax and specific ownership tax collected from within the Metro District.
A total of $7.3 million has been remitted to the Metro District, or 17.8 percent of all
revenue.
A privately collected Public Improvement Fee (“PIF”). A total of $8.7 million has been
collected by the Metro District, or 21.3 percent of all revenue.
Page 224
Item 15.
Table 1
Metro District: Actual Revenues, 2014 to 2024
Therefore, to-date Tax Increment Revenue (“TIF”) has accounted for approximately $25 million
in revenue or approximately 61% of all revenues remitted and collected by the Metro District.
FORECAST REVENUE: REST OF AUTHORITY REMITTANCE (2025 TO 2038)
The Foothills Tax Increment District (“TIF District”) has pledged to remit both sales tax
increment and property tax increment to the Metro District through 2038. Based on projections
provided by the developer’s financial advisor, the total additional sales tax increment anticipated
to be remitted to the Metro District is $30.5 million. An additional, $57.5 million in property tax
increment is anticipated to be remitted to the Metro District. Therefore, the district under the
proposed refunding will likely receive an additional $88.0 million in TIF, or approximately 50.9
percent of the anticipated revenue through the rest of the TIF District’s life.
Type District Private
Source Sales Tax Property Tax
Oper. & Maint.
Property Tax
Personal Property +
Specific Ownership PIF Total
Details 2.25% Rate Less: County & URA
Admin Fee Not Related to Debt Taxes 1.00% Rate
2014 -$ -$ -$ -$
2015 -$ -$ 541,290$ 361,032$ 902,322$
2016 -$ -$ 660,927$ 805,485$ 1,466,412$
2017 212,972$ 1,122,130$ 80,849$ 776,349$ 854,178$ 3,046,478$
2018 339,422$ 2,456,075$ 328,352$ 892,133$ 912,732$ 4,928,714$
2019 476,928$ 2,813,373$ 204,333$ 845,853$ 930,928$ 5,271,415$
2020 426,675$ 2,628,100$ 163,477$ 666,329$ 639,267$ 4,523,848$
2021 -$ 3,490,470$ 313,177$ 1,041,539$ 971,397$ 5,816,583$
2022 661,753$ 2,945,865$ 310,352$ 692,878$ 1,166,269$ 5,777,117$
2023 807,962$ 2,894,485$ 320,295$ 692,435$ 1,078,036$ 5,793,213$
2024 479,362$ 1,295,985$ 242,689$ 515,582$ 1,017,495$ 3,551,113$
Total 3,405,074$ 19,646,483$ 1,963,524$ 7,325,315$ 8,736,819$ 41,077,215$
Percent 8.3%47.8%4.8%17.8%21.3% 100.0%
Tax Increment
Page 225
Item 15.
Table 2
Metro District: Forecasted Revenues, 2025 to 2038
FORECAST REVENUE: METRO DISTRICT ONLY (2039 TO 2061)
If City Council supports the requested amendment, starting in 2039 no additional sales tax
increment or property tax increment would be remitted to the Metro District. However, the Metro
District could continue to collect property tax from the debt service mills; approximately $134.3
million over the period. In addition, the PIF would continue to be pledged towards debt service;
approximately $59.8 million in projected revenue.
Type Metro District Private All
Source Sales Tax Property Tax Property Tax PIF Total
Details 2.25% Rate Less: County & URA
Admin Fee Adjusted Per Agreement 1.00% Rate
2025 825,000$ 1,084,259$ 1,226,210$ 1,250,000$ 4,385,469$
2026 -$ 1,240,944$ 1,400,118$ 941,614$ 3,582,676$
2027 -$ 1,234,427$ 1,400,118$ 941,614$ 3,576,159$
2028 1,813,375$ 2,044,551$ 2,319,380$ 2,054,225$ 8,231,531$
2029 2,783,037$ 3,105,254$ 3,135,545$ 2,601,129$ 11,624,965$
2030 2,783,037$ 4,862,674$ 4,475,548$ 2,601,129$ 14,722,388$
2031 2,783,037$ 5,222,103$ 4,749,671$ 2,601,129$ 15,355,940$
2032 2,783,037$ 5,387,438$ 4,881,397$ 2,601,129$ 15,653,001$
2033 2,783,037$ 5,376,087$ 4,881,397$ 2,601,129$ 15,641,650$
2034 2,783,037$ 5,495,073$ 4,979,024$ 2,601,129$ 15,858,263$
2035 2,783,037$ 5,483,495$ 4,979,024$ 2,601,129$ 15,846,685$
2036 2,783,037$ 5,604,859$ 5,078,605$ 2,601,129$ 16,067,630$
2037 2,783,037$ 5,593,048$ 5,078,605$ 2,601,129$ 16,055,819$
2038 2,783,037$ 5,716,838$ 5,180,178$ 2,601,129$ 16,281,182$
Total 30,468,745$ 57,451,050$ 53,764,820$ 31,198,743$ 172,883,358$
Percent 17.6%33.2%31.1%18.0% 100.0%
Tax Increment
Page 226
Item 15.
Table 3
Metro District: Forecasted Revenues, 2029 to 2061
Type Metro District Private All
Source Sales Tax Property Tax Property Tax PIF Total
Details 2.25% Rate Less: County & URA
Admin Fee Adjusted Per Agreement 1.00% Rate
2039 -$ -$ 5,180,178$ 2,601,129$ 7,781,307$
2040 -$ -$ 5,283,781$ 2,601,129$ 7,884,910$
2041 -$ -$ 5,283,781$ 2,601,129$ 7,884,910$
2042 -$ -$ 5,389,457$ 2,601,129$ 7,990,586$
2043 -$ -$ 5,389,457$ 2,601,129$ 7,990,586$
2044 -$ -$ 5,497,246$ 2,601,129$ 8,098,375$
2045 -$ -$ 5,497,246$ 2,601,129$ 8,098,375$
2046 -$ -$ 5,607,191$ 2,601,129$ 8,208,320$
2047 -$ -$ 5,607,191$ 2,601,129$ 8,208,320$
2048 -$ -$ 5,719,335$ 2,601,129$ 8,320,464$
2049 -$ -$ 5,719,335$ 2,601,129$ 8,320,464$
2050 -$ -$ 5,833,721$ 2,601,129$ 8,434,850$
2051 -$ -$ 5,833,721$ 2,601,129$ 8,434,850$
2052 -$ -$ 5,950,395$ 2,601,129$ 8,551,524$
2053 -$ -$ 5,950,395$ 2,601,129$ 8,551,524$
2054 -$ -$ 6,069,404$ 2,601,129$ 8,670,533$
2055 -$ -$ 6,140,512$ 2,601,129$ 8,741,641$
2056 -$ -$ 6,263,322$ 2,601,129$ 8,864,451$
2057 -$ -$ 6,263,322$ 2,601,129$ 8,864,451$
2058 -$ -$ 6,388,588$ 2,601,129$ 8,989,717$
2059 -$ -$ 6,388,588$ 2,601,129$ 8,989,717$
2060 -$ -$ 6,516,360$ 2,601,129$ 9,117,489$
2061 -$ -$ 6,516,360$ 2,601,129$ 9,117,489$
Total -$ -$ 134,288,886$ 59,825,967$ 194,114,853$
Tax Increment
Page 227
Item 15.
ALL REVENUES DEDICATED TO DEBT REPAYMENT
If Council approves the proposed amendment, the Metro District could receive approximately
$408 million over the life of the debt allowed under this change. This revenue comes from a
variety of sources:
Sales tax increment of approximately $33.9 million, or approximately 8.3% of total
revenues.
Property tax increment of approximately $79.1 million, or approximately 19.4% of the
total revenues.
Metro district property tax from debt mills of $195.4 million, or approximately 47.9% of
total revenues.
A privately imposed PIF of $99.8 million, or 24.4 percent of total revenues.
Therefore, the proposed amendment allows for additional debt that will be primarily funded by
Metro district property taxes and PIF (combined total of approximately 72.3% of total revenues.
Additionally, $367 million (approximately 90% of total revenues) of the anticipated $408 million
in total revenues will be enabled by the proposed amendment and through the current pledge of
TIF.
Table 4
Metro District: Revenues Summary, 2014 to 2061
Type Metro District Private All
Source Sales Tax Property Tax Tax PIF Total
Details 2.25% Rate Less: County & URA
Admin Fee Adj. Per Agreement 1.00% Rate
Actuals
(2014-2024 )3,405,074$ 21,610,007$ 7,325,315$ 8,736,819$ 41,077,215$
Forecast
(Remaining Plan Area:
2025-2038 )30,468,745$ 57,451,050$ 53,764,820$ 31,198,743$ 172,883,358$
Forecast
(Rest of Service Plan
Debt Term: 2039-2061 )-$ -$ 134,288,886$ 59,825,967$ 194,114,853$
Total 33,873,819$ 79,061,057$ 195,379,021$ 99,761,529$ 408,075,426$
Percent 8.3%19.4%47.9%24.4% 100.0%
Tax Increment
Page 228
Item 15.
USE OF FUNDS SUMMARY
The anticipated $367 million in revenue will be used to support two bond Series: Senior Series
2026A and Subordinate Series 2026B. The Series 2026A bonds will refund (i.e., refinance) the
existing 2014 Bond balance (approximately $62.7 million) and generate $57.1 million in new
project proceeds. The Series 2026B bonds will be subordinate to the Senior bonds and provide
an additional $17.8 million in project proceeds. The two series combined will provide $75 million
in new project funding to support the developer’s planned redevelopment of the site. The result
will be a total of approximately $166.1 million in outstanding debt.
Table 5
Metro District: Bond Details.
The combined cost of the two bond series will be $345.3 million in principal and interest costs.
These costs are anticipated to be funded by revenue generated throughout the rest of the life of
the TIF District ($163.6 million) as well as the extension of the Property Tax Debt Mill’s
contemplated extension beyond the District ($181.7 million). The anticipated $30.5 million in
additional sales tax increment pledge and $57.5 million (see Table 4, above) in additional
property tax increment pledge. The combined total of $87.9 million in TIF will support 25.5
percent of the total debt cost, if authorized through the proposed amendment.
Status Refunding New New Total
Item 2014 Bonds 2026 Bonds 2026 Bonds All
Position Senior Senior Subordinate ---
Name Series 2026A Series 2026A Series 2026B ---
Net Proceeds 69,940,000$ 78,000,000$ 18,160,000$ 166,100,000$
Use of Funds
New Money 756$ 57,170,742$ 17,832,934.00$ 75,004,432$
Repay Existing Bonds 62,692,556$ -$ -$ 62,692,556$
Capitalized Interest -$ 12,747,450$ -$ 12,747,450$
Reserve Fund 6,336,752$ 7,067,010$ -$ 13,403,762$
Soft Costs 909,936$ 1,014,798$ 327,066.00$ 2,251,800$
Total Use of Funds 69,940,000$ 78,000,000$ 18,160,000$ 166,100,000$
Page 229
Item 15.
Table 6
Metro District: Use of Funds, 2025 to 2061
Status Refunding New New Total
Item 2014 Bonds 2026 Bonds 2026 Bonds All
Position Senior Senior Subordinate ---
Name Series 2026A Series 2026A Series 2026B ---
URA Plan Area
(2025-2038)94,813,316$ 52,052,088$ 16,737,467$ 163,602,870$
Metro District Only
(2039-2061)5,527,088$ 133,492,450$ 42,676,000$ 181,695,538$
Total 100,340,403$ 185,544,538$ 59,413,467$ 345,298,407$
Page 230
Item 15.
CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO
CERTIFICATION OF MAILING NOTICE OF HEARING AND PUBLICATION
IN RE THE FIRST AMENDMENT TO AMENDED AND RESTATED SERVICE PLAN FOR
FOOTHILLS METROPOLITAN DISTRICT, CITY OF FORT COLLINS, LARIMER COUNTY,
STATE OF COLORADO
IT IS HEREBY CERTIFIED by the undersigned, as follows:
1.That, the City Council of the City of Fort Collins, set a public hearing for the 20th day of
May, 2025, at 6:00 p.m., in the Council Information Center, 300 LaPorte Ave., Fort Collins,
Colorado 80521, for the purpose of considering a First Amendment to Amended and
Restated Service Plan for Foothills Metropolitan District (the "District").
2.That, as a part of said action, directions were given that copies of the Notice of Public
Hearing be mailed, by first class mail, not less than thirty days prior to said hearing, to
interested persons, defined as follows: (1) the owners of record of all property within the
Title 32 special district as such owners of record are listed in the Larimer County
Assessor's records; (2) the Division of Local Government; (3) the governing body of any
municipality or special district which has levied an ad valorem tax within the next
preceding tax year, and which has boundaries within a radius of three (3) miles of the
District's boundaries.
3.That, in compliance with said directions, a copy of the Notice of Public Hearing, attached
as Exhibit A, was deposited in the United States first class mail on April 18, 2025 to
owners of record of all property within the Title 32 special districts; the Division of Local
Government; and the governing body of any municipalities and special district which has
levied an ad valorem tax within the next preceding tax year and which has boundaries
within a three (3) mile radius of the District's boundaries, as per the listings attached as
Exhibit B.
4.That, as a part of said action, directions were given that the Notice of Public Hearing be
published one time in a newspaper of general circulation within the District. In
compliance with said directions, a copy of the Notice of Public Hearing, attached as
Exhibit A, was published on April 18, 2025, in the Fort Collins Coloradoan, an Affidavit
o f Publication is attached as Exhibit C.
Page 231
Item 15.
Page 232
Item 15.
EXHIBIT A
NOTICE OF PUBLIC HEARING
Page 233
Item 15.
STATE OF COLORADO, CITY OF FORT COLLINS, LARIMER COUNTY
NOTICE OF PUBLIC HEARING
IN RE THE FIRST AMENDMENT TO AMENDED AND RESTATED SERVICE PLAN FOR FOOTHILLS
METROPOLITAN DISTRICT
PUBLIC NOTICE IS HEREBY GIVEN that there has been filed with the City Clerk or the City of
Fort Collins (the “City”), Larimer County, Colorado, a First Amendment to the Amended and Restated Service
Plan (the “First Amendment to Service Plan”) and related documents for the existing Foothills Metropolitan
District (the “District”). A map of the District and the proposed First Amendment to Service Plan are now on
file in the office of the City Clerk, City Hall West, 300 LaPorte Ave., Fort Collins, Colorado 80521, and are
available for public inspection.
NOTICE IS HEREBY FURTHER GIVEN that the City Council of the City of Fort Collins (the
“City Council”), Larimer County, State of Colorado, will hold a public hearing at 6:00 P.M., on Tuesday, the
20th day of May, 2025, in the Council Information Center, 300 LaPorte Ave., Fort Collins, Colorado 80521
and accessible online via FCTV Broadcast at https://reflect-vod-fcgov.cablecast.tv/Cablecast
PublicSite/watch-now?site=1; via Zoom at https://zoom.us/j/98241416497; and via telephone
conference at 1-346-248-7799, Meeting ID: 982 4141 6497, for the purpose of considering the adequacy
of the First Amendment to Service Plan and to form a basis for adopting a resolution approving, disapproving
or conditionally approving the First Amendment to Service Plan for the District.
The District is a metropolitan district as that term is defined in Section 32-1-103(10), C.R.S. The
District is located entirely within the City of Fort Collins, Larimer County, Colorado. The general boundaries
of the District are East Swallow Road on the north, East Monroe Drive on the south, Stanford Road on the East
and East College Avenue on the west, being bisected in part by East Fort Collins Parkway and generally
comprising the area of the existing Foothills Mall.
The primary purposes of the District is to finance, construct, acquire, own, operate and maintain certain
eligible improvements, including but not limited to, land acquisition, parking structures, demolition/abatement,
furniture, fixture and amenities, Foothills Activity Center, pedestrian crossing/culvert, relocation of Larimer
County Canal No. 2, site work, sanitary sewer, storm water, water, fire water, and all necessary equipment and
appurtenances incident thereto. The maximum mill levy that may be imposed for debt service shall not exceed
fifty (50) mills as adjusted to take into account legislative or constitutionally imposed adjustments in assessed
values or their method of calculation so that, to the extent possible, the revenue produced by such mill levy is
neither diminished nor reduced as a result of such change.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to Section 32-1-203(3.5), C.R.S., as
amended, an owner of real property within the District may file a petition with the City Council, requesting that
such real property be excluded from the District. Such petition may be filed no later than ten (10) days before
the day fixed for the public hearing on the First Amendment to Service Plan, but the City Council shall not be
limited in its action with respect to the exclusion of territory based upon such request. All protests and
objections must be submitted in writing to the City Council at or prior to the hearing or any continuance or
postponement thereof in order to be considered. Any request for exclusion shall be acted upon before final
action of the City Council. All protests and objections to the District must be submitted in writing to the City
Council at or prior to the hearing or any continuance or postponement thereof in order to be considered. All
protests and objections to the District shall be deemed waived unless presented at the time and in the manner
specified.
Dated this 18th day of April 2025.
Page 234
Item 15.
Published in: Fort Collins Coloradoan
Published on: April 18, 2025
Page 235
Item 15.
EXHIBIT B
FOOTHILLS METROPOLITAN DISTRICT
Property Owners within the Boundaries of the District
Taxing Entities within a 3-mile radius of the Boundaries of the District
Division of Local Government
Page 236
Item 15.
CYCLE PROPERTY OWNER LLC
1100 W IDAHO ST, STE 630
BOISE, ID 83702-5661
MXD FORT COLLINS LLC
C/O MCWHINNEY REAL ESTATE SERVICES INC
1800 WAZEE ST, STE 200
DENVER, CO 80202-2526
CITY OF FORT COLLINS
300 LAPORTE AVE
FORT COLLINS, CO 80521
HEALTH DISTRICT OF NORTHERN
LARIMER COUNTY
120 BRISTLECONE DR
FORT COLLINS, CO 80524
LARIMER COUNTY
PO BOX 1190
FORT COLLINS, CO 80522
LARIMER COUNTY PEST CONTROL
C/O LARIMER COUNTY NATURAL RESOURCES
PO BOX 1190
FORT COLLINS, CO 80522
NORTHERN COLORADO WATER CONSERVANCY
DISTRICT
120 BRISTLECONE DR
FORT COLLINS, CO 80524
POUDRE R-1 SCHOOL DISTRICT
DIRECTOR OF BUSINESS SERVICES
2407 LAPORTE AVE
FORT COLLINS, CO 80521
POUDRE RIVER PUBLIC LIBRARY DISTRICT
301 E OLICE ST
FORT COLLINS, CO 80524
MIDTOWN URA FOOTHILLS MALL
C/O CITY CLERKS OFFICE
PO BOX 580
FORT COLLINS, CO 80522
POUDRE VALLEY FIRE PROTECTION DISTRICT
102 REMINGTON ST
FORT COLLINS, CO 80524
LARIMER CONSERVATION DISTRICT
2150 CENTRE AVE, BUILDING A
FORT COLLINS, CO 80526
EAST LARIMER COUNTY WATER DISTRICT
C/O MIKE SCHEID
PO BOX 2044
FORT COLLINS, CO 80522
BOXELDER SANITATION DISTRICT
C/O BRIAN ZICK
PO BOX 1518
FORT COLLINS, CO 80522
Page 237
Item 15.
FORT COLLINS – LOVELAND WATER DISTRICT
C/O MIKE DITULLIO
5150 SNEAD DR
FORT COLLINS, CO 80525
SOUTH FORT COLLINS SANITATION DISTRICT
C/O MIKE DITULLIO
5150 SNEAD DR
FORT COLLINS, CO 80525
LARIMER CO P.I.D. NO. 71
ROCKVIEW WILDFLOWER RIDGE
C/O LARIMER COUNTY ENGINEERING DEPT
PO BOX 1190
FORT COLLINS, CO 80522
LARIMER COUNTY G.I.D. NO. 1
IMPERIAL ESTATES
C/O LARIMER COUNTY ENGINEERING DEPT
PO BOX 1190
FORT COLLINS, CO 80522
LARIMER CO P.I.D. NO. 24 WESTRIDGE
C/O LARIMER COUNTY ENGINEERING DEPT
PO BOX 1190
FORT COLLINS, CO 80522
MIDTOWN URA PROSPECT SOUTH
C/O CITY CLERKS OFFICE
PO BOX 580
FORT COLLINS, CO 80522
FORT COLLINS G.I.D. NO. 1
C/O CITY CLERKS OFFICE
PO BOX 580
FORT COLLINS, CO 80522
LARIMER COUNTY G.I.D. NO. 15
SKYVIEW SOUTH
C/O CITY CLERKS OFFICE
PO BOX 580
FORT COLLINS, CO 80522
COLLEGE AND DRAKE URBAN RENEWAL PLAN
C/O CITY CLERKS OFFICE
PO BOX 580
FORT COLLINS, CO 80522
RED FEATHER LAKES FIRE PROTECTION
DISTRICT
PO BOX 67
FORT COLLINS, CO 80545
LARIMER COUNTY G.I.D. NO. 13A
RED FEATHER LAKES
C/O LARIMER COUNTY ENGINEERING DEPT
PO BOX 1190
FORT COLLINS, CO 80522
RED FEATHER MOUNTAIN LIBRARY
C/O LIBRARY DIRECTOR
PO BOX 123
FORT COLLINS, CO 80545
DIVISION OF LOCAL GOVERNMENT
1313 SHERMAN ST, RM 521
DENVER, CO 80203
Page 238
Item 15.
EXHIBIT C
AFFIDAVIT OF PUBLICATION
Page 239
Item 15.
Page 240
Item 15.
Page 241
Item 15.
Headline Copy Goes Here
Deputy Director, Sustainability Services
Josh Birks
Amendment to the
Service Plan for the
Foothills Metro
District
05.20.2025
Page 242
Item 15.
Headline Copy Goes HereTonight’s Action
1.Public Hearing on the proposed amendment to the
Foothills Metropolitan District
2.Consideration of a resolution approving a First
Amendment to the Amended and Restated Service
Plan for the Foothills Metropolitan District.
Enabling the issuance of additional debt.
Supporting the reinvestment and redevelopment
in the former Foothills Mall site.
2
Page 243
Item 15.
Headline Copy Goes HereHistory
3
•District formed May 2013 at request of the Original
Developer
•Intended to support a comprehensive
redevelopment of the site
•$53 million in net bond proceeds to fund:
•Public infrastructure improvements
•The Foothills Mall Activity Center
•An underpass connecting to the MAX Bus Rapid Transit
•Bond Supported by five revenue sources
•Metro District Capital Mills (50)
•Metro District Specific Ownership Tax
•Property Tax Increment
•Add-On Public Improvement Fee Revenue
•Sales Tax Increment
•Incremental revenues were pledged 100% from 2014
to 2038
Page 244
Item 15.
Headline Copy Goes HereCurrent Situation
4
•College Avenue shops ~ 90% leased (consistent)
•Enclosed retail shops ~ 49% occupancy
•Since 2016 significant international and national
trends have impacted consumer behaviors
•Five revenue sources currently are just sufficient
for debt service
•Current Developer’s underwriter forecasts
revenues may not be sufficient by 2028
•Requesting refunding and additional debt to
facilitate a renewed attempt at redevelopment
and repositioning of the site
Page 245
Item 15.
Headline Copy Goes HereEvolution of the Proposed Project
5
Initial Discussions
McWhinney acquires property in 2021
Community discussions occur (2021/2022)
Request to consider resetting the Urban Renewal
Plan Area and clock (2023)
Original Project Proposal
“Right size” the retail (approx. 32% reduction)
Proposed 600 +/-residential units (urban flats,
walk-up townhomes, luxury brownstones, attainable
condos)
Potential for 70,000 square feet of office
11 acres of open space
Current Discussions
Began in 2024; pivot to Metro District Amendment
Need to refund debt and obtain additional capital for
public improvements
Extend the debt period and amount for the District
Current Project Proposal
Right size” the retail (approx. 32% reduction)
Proposed up to 300 residential units
30,000 square feet of land donated/contributed to
Affordable Housing; (approximately 14-28 units)
Page 246
Item 15.
Headline Copy Goes HereMetro District Policy
6
Staff does not recommend strictly
enforcing the 2021 Metro District
policy:
•District approved in 2013 prior to policy
revisions
•It serves primarily as a financial conduit
•Primary purpose is not to serve/facilitate
residential development
•Delivers on the public benefit of
infill/redevelopment
Page 247
Item 15.
Headline Copy Goes HereProposed Amendment
7
Definitions:
•Add-On PIF Revenues –allows the Current Developer to
adjust the amount to raise additional revenue; 1.0%
percent floor with 3.0% ceiling; anticipated at 1.25%
•Eligible Improvements –expands the list to include
additional improvements associated with the proposed
plan; total now $113 million
•Financial Plan –swaps for a revised plan based on the
proposed development plan, revenue, and debt anticipated
Financial Plan:
•Maximum Debt Authorization –increased to $166 million
•Annual & Total Net Debt Service –increased to an
average of $11.5 & $350 million, respectively
•Maximum Debt Maturity Term –increased from 25 to 40
years
Page 248
Item 15.
Headline Copy Goes HereCity/Authority Debt Obligation
8
Amendment does not alter the obligations:
•City has never had an obligation for the debt
•Property Tax Increment: Remains 100%;
terminates in 2038 (payable in 2039)
•Sales Tax Increment: Remains 100% of the
2.25% rate; terminates in 2038; first dollars out if
no longer needed for debt service
Page 249
Item 15.
Headline Copy Goes Here
9
Estimated Sales Tax: Proposed Amendment
Tax Revenue
Year
Est. Taxable
Sales
City Sales Tax
Revenue
(@ 4.35%)
Dedicated &
Non-Pledged
Taxes
(2.10% rate)
Pledged
Sales Tax
(2.25% rate)
LESS:
Collection
Admin Fee
LESS: Base
Collections
(2.25% rate)
Pledged
Increment
(2.25% Rate)
2025 119.7$ 5.2$ 2.5$ 2.7$ 0.0$ 1.8$ 0.8$
2026 75.3$ 3.3$ 1.6$ 1.7$ 0.0$ 1.8$ -$
2027 75.3$ 3.3$ 1.6$ 1.7$ 0.0$ 1.8$ -$
2028 164.3$ 7.1$ 3.5$ 3.7$ 0.1$ 1.8$ 1.8$
2029-2038
(Annually)208.1$ 9.1$ 4.4$ 4.7$ 0.1$ 1.8$ 2.8$
Total 2,515.6$ 109.4$ 52.8$ 56.6$ 0.8$ 25.6$ 30.5$
Updated estimate: $30.5 Million ♦Anticipated non-pledged & base revenues: $78.4 million Page 250
Item 15.
Headline Copy Goes HereProposed Bond Details
10
Status Refunding New New Total
Item 2014 Bonds 2026 Bonds 2026 Bond All
Position Senior Senior Subordinate ---
Name Series 2026A Series 2026A Series 2026B ---
Net Proceeds $69.9 $78.0 $18.2 $166.1
Use of Funds
New Money $0.0 $57.2 $17.8 $75.0
Repay Existing $62.7 $0.0 $0.0 $62.7
Capitalized Interest $0.0 $12.7 $0.0 $12.7
Reserve Fund $6.3 $7.1 $0.0 $13.4
Soft Costs $0.9 $1.0 $0.3 $2.3
Total Use of Funds $69.9 $78.0 $18.2 $166.1Page 251
Item 15.
Headline Copy Goes Here
Thank you!
11
Page 252
Item 15.
Headline Copy Goes HereImpact on Urban Renewal Plan & Agreement
12
Reviewed by outside legal Counsel for the
Authority
•Conclusion: Neither the Plan nor the
Agreement require changes
The purpose of Urban Renewal continues to be
achieved:
•Blight Remediation: Vacant Macy’s Building
•Prevention: Reposition an out-of-date and
underperforming retail center with additional
housing and a broader mixture of uses
Page 253
Item 15.
Headline Copy Goes HereEstimated Sales Tax: Original
13
Year
Metro
District
Revenue
City Sales Tax
Revenue
Non-Pledged
Sales Tax
Pledged
Increment
Bond
Payments &
Reserve
Increment
Returned to City
City
Contribution
2012 4.8
2015 2.1 5.0 5.0 2.5 4.6 - 2.5
2016 2.3 5.3 5.3 3.1 5.4 - 3.1
2017 6.5 5.4 5.4 3.2 9.7 - 3.2
2018 6.5 8.8 5.5 3.3 6.0 3.3 -
2019 6.7 9.0 5.6 3.4 5.7 3.4 -
TOTAL 15.4 6.6 8.8
Original Assumptions
May 2013 estimates provided context and perspective
•Assumed early “retirement” of sales tax increment in 2018; not realized
•Significant market challenges (international and national trends; consumer behavior; COVID)
•Despite estimate, the pledge has always been 100% of increment –2014 to 20238
•Without renewed redevelopment efforts, remains likely the pledge will exceed 2013 estimate
Page 254
Item 15.
Headline Copy Goes Here
14
Revenues Received by Metro District: 2014 to 2024
Source Amount
(Millions)
Percentage
of Total
Sales Tax Increment $3.4 8.3%
Property Tax Increment $19.6 47.8%
O&M Property Tax $2.0 4.8%
District Personal Property Tax & Specific Ownership $7.3 17.8%
Public Improvement Fee $8.7 21.3%
Total $41.1 100.0%
Page 255
Item 15.
Headline Copy Goes Here
15
Revenue Forecast for Metro District: 2025 to 2038
Source Amount
(Millions)
Percentage
of Total
Sales Tax Increment $30.5 17.6%
Property Tax Increment $57.5 33.2%
Metro District Other: O&M, Personal Property & Specific
Ownership
$53.8 31.1%
Public Improvement Fee $31.2 18.0%
Total $172.9 100.0%
Page 256
Item 15.
Headline Copy Goes Here
16
Revenue Forecast for Metro District: 2039 to 2061
Source Amount
(Millions)
Percentage
of Total
Sales Tax Increment $0.0 0.0%
Property Tax Increment $0.0 0.0%
Metro District Other: O&M, Personal Property & Specific
Ownership
$134.3 69.2%
Public Improvement Fee $59.8 30.8%
Total $194.1 100.0%
Page 257
Item 15.
Headline Copy Goes Here
17
Revenue Actual & Forecast for Metro District: 2014 to 2061
Source Amount
(Millions)
Percentage
of Total
Sales Tax Increment $33.9 8.3%
Property Tax Increment $79.1 19.4%
Metro District Other: O&M, Personal Property & Specific
Ownership
$195.4 47.9%
Public Improvement Fee $99.8 24.4%
Total $408.1 100.0%
Page 258
Item 15.
Headline Copy Goes Here
18
Will the Tax Increment Fund Additional Improvements?
What is the Total value of the Tax Increment Pledge (2025 forward)?
•Total Tax Increment = Property Tax Increment + Sales Tax
•$91.4 million = $57.5 million + $33.9 million
What is the total cost of the refunding portion of the Series 2026A bonds?
•Total cost = Net Proceeds + Interest
•$101.0 Millions = $69.9 million + $31.1 million
Comparing total Tax Increment Pledge to Refunding Cost?
•Tax Increment Pledge <=> Refunding Cost
•$91.4 million < $101.0 million
The Tax Increment Pledge alone is
not sufficient to fund the Refunding Cost Page 259
Item 15.
Fort Collins, Colorado May 20, 2025
Page 260
Item 15.
2
1
3
4
5
Ranking of importance
to the community
ART / CULTURE
LOCAL BUSINESSES
PUBLIC SPACE
SUSTAINABILITY
SAFETY / SECURITY
Programming & community
activations desired at Foothills
2
1
3
4
5
BEER & WINE FESTIVALS
FARMERS MARKET
CONCERTS
ART / CULTURAL EVENTS
ACTIVITIES FOR KIDS
42%41%
17%
When I visit
Foothills I spend
the most time at:
COLLEGE SHOPS INTERIORMALL OUTDOOR SPACES
Midtown Fort Collins needs
more of the following:
S
T
R
O
N
G
L
Y
D
I
S
A
G
R
E
E
S
T
R
O
N
G
L
Y
A
G
R
E
E
RENTAL HOUSING OPTIONS
4.7
FOR SALE OPTIONS
5.3
CIVIC/ CULTURAL VENUES
7.2
BETTER DINING OPTIONS
8.5
OFFICE EMPLOYMENT OPTIONS
5.3
A BOUTIQUE HOTEL
4.9
OUTREACH & COMMUNITY ALIGNMENT Community driven design
Conducted
in field
surveys with
over 900
respondents
Hosted over
10 town halls,
community
outreach events
and group
presentations
• More open & gathering space
• Emphasis on arts & culture
• Desire for more and better food &
beverage options
• Desire for community event space
• Range of housing opportunities
• Focus on Sustainability
COMMUNITY ENGAGEMENT
6 KEY TAK EAWAYS:
2The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.Page 261
Item 15.
Foothills today represents traditional suburban
development... despite a $300+M renovation less
than 10 yrs ago, the indoor portion is trending toward
obsolescence. Fort Collins deserves better.
Current Conditions
• Sprawling parking fields
• Anchor tenants vacating
• Under-utilized parking structure
• Poor connections to surrounding neighborhoods
Foothills represents a generational opportunity to
transform 62+ acres in the heart of midtown into a vibrant,
mixed-use urban neighborhood and lifestyle district that is
rooted in the culture and community of Fort Collins.
Redevelopment Approach
• Retain entities that are successful (College Ave. shops, Cinemark, existing restaurants)
• Align land use with public desires and city goals
• Create room for a host of new experiences and complimentary uses that ensure long-term success
EXISTING CONDITIONS MASSING STUDY
3The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.Page 262
Item 15.
Existing Building to be removed
Existing Building to remain
OVERALL REDUCTION
RETAIL REIMAGINED
AMOUNT OF CURRENT RETAIL
32%
±444,000 sf
662,619 sf
FOOTHILLS BY THE NUMBERS Adaptive reuse over demolition
Goal = ‘right size’ the amount of retail
to position for long term success
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
4Page 263
Item 15.
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130 VACANT130 VACANT
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RETAIL F&B OFFICE RESIDENTIAL
OF RETAIL / F&B
±444,000 sf
NEW RESIDENTIAL UNITS
OF OPEN SPACE & NATURE TRAILS
±300
11 acres
FOOTHILLS BY THE NUMBERS
OF NEW WORKPLACE OPPORTUNITIES
40,000 sf
Townhomes
Affordable Apartments
Condominiums
FOOTHILLS BY THE NUMBERS Repurposed & reimagined to resonate.
FAC
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
5Page 264
Item 15.
RETAIL & F&B
RETAIL & F&B
TOWNHOMES / BROWNSTONES
OFFICE OVER RETAIL
CINEMARK AFFORDABLE APARTMENTS
FAC
VILLAGE GREEN
CONDOMINIUMS
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
6Page 265
Item 15.
Adaptive reuse of interior mall corridor
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
7Page 266
Item 15.
Crafted outdoor dining experiences
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
8Page 267
Item 15.
Dynamic tenant offerings rooted in the culture of Fort Collins
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
9Page 268
Item 15.
Transformative open spaces that unite the community
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 0Page 269
Item 15.
OF WORKPLACE
OPPORTUNITIES
±40,000 sf
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 1Page 270
Item 15.
UNITED BY COMMUNITY & NATURE Residential District
NEW RESIDENTIAL UNITS
± 300
"WE'RE CREA T I NG AN EXCEPTIONAL NEW RESIDENTIAL NEIGHBORHOOD THAT PU T S NATURE AND THE PEDESTRIAN FIRST" – CHAD MCWHINNEY
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 2Page 271
Item 15.
Elevated
Brownstones
Affordable
Apartments
RESIDENTIAL DISTRICTWelcome to the Neighborhood
FAC
Park
i
n
g
Gara
g
e
Walkup
Townhomes
Attainable
Condominiums
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 3Page 272
Item 15.
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FAC
RESIDENTIAL DISTRICTNature is calling, and it's right outside your door
Climbing Wall Play Feature
Climbing Wall Play Feature
Climbing Wall Play Feature
Oversized Swings
Paving Variation at Entry Plaza
Movable Seating at Entry Plaza
In-Ground Lighting at Entry Plaza
Linear Park Look and Feel
In-Ground Lighting at Entry Plaza
Lighting Procession at Entry Plaza
Seating Nooks
Key Map
Precedent Imagery - Residential Entry Plaza
Climbing Wall Play Feature
Climbing Wall Play Feature
Climbing Wall Play Feature
Oversized Swings
Paving Variation at Entry Plaza
Movable Seating at Entry Plaza
In-Ground Lighting at Entry Plaza
Linear Park Look and Feel
In-Ground Lighting at Entry Plaza
Lighting Procession at Entry Plaza
Seating Nooks
Key Map
Precedent Imagery - Residential Entry Plaza
Lawn Loungers
Dog Park with Artificial Lawn
Built-in Furnishings
Curved Seatwalls with Tops
Movable Tables and Chairs
Seatwalls with Planting Backdrop
Walk-up Patios for Residences
Hammocks
Oversized Furnishings
Look and Feel
Oversized Furnishings
Oversized Furnishings
Key Map
Precedent Imagery - Linear Park
FLEXIBLE SEATING SPACES
CLIMBING WALL /DYNAMIC ART
OVERSIZED SEATING
DOG PARK
ADVENTURE PLAY ZONE
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 4Page 273
Item 15.
Environmental Sustainability Outcomes
FROM CAR-CENTRIC, SINGLE-USE SUBURBAN
PROTOTYPE TO WALKABLE, URBAN-SCALED
MIXED-USE VILLAGE
E
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P
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ADAPTIVE RE-USE VS. DEMOLITION
ALL DESIGNED TO GET PEOPLE OUT OF THEIR
CARS = NATURAL REDUCTION IN GHGS
NEW BIKE AND PEDESTRIAN INFRASTRUCTURE
NEARLY 3X AMOUNT OF OUTDOOR, LANDSCAPED
OPEN SPACE
INTEGRATED LANDSCAPING TO PROMOTE
LEARNING AND PLAY
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 5Page 274
Item 15.
S
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Existing Parking Garage
Cinemark
Cycle Cycle
Cycle
Cycle
Cycle
FAC
EAST CONNECTOR DRIVE
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UP
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Underpass to Mason Trail
Reduce connection length
MAX Station
MA
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RESIDE NTIAL WAY
EAST CONNECTOR DRIVE
Existing Parking Garage
Cinemark
FAC
MAX Underpass
Bike Parking Garden
10’ Multi- Modal Path
Bikeway/Bike lane
Sharrow lane
Legend:
Critical Public Infrastructure
NEW STREET/ALLEY NETWORK
CREATE SMALLER, URBAN-
SCALED BLOCKS FOR NEW USES
RE-ORGANIZE SURFACE PARKING
UPGRADE PUBLIC
PARKING STRUCTURE
NEARLY 3X AMOUNT OF
LANDSCAPED, PROGRAMMED
COMMUNITY OPEN SPACE
FOOTHILLS ACTIVITY CENTER
= RENOVATE EXTERIOR/MAKE
MORE VISIBLE
IMPROVE CONNECTION TO
ADJACENT MARRIOTT
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 6Page 275
Item 15.
Smart Growth Management
INCREASE DENSITY WITHIN AN
IDENTIFIED TOD DISTRICT
LEVERAGE EXISTING UNDER-UTILIZED
GARAGE
STRENGTHEN CONNECTION TO TRANSIT
WALKABILITY AND PEDESTRIAN FRIENDLINESS
CO-LOCATION OF JOBS, HOUSING,
RETAIL, DINING AND SERVICES =
A “10-MIN CITY”
PUBLIC/COMMUNITY-GATHERING SPACES
1 7The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.Page 276
Item 15.
Strategic Priorities
DEDICATED SITE FOR
AFFORDABLE RENTAL HOUSING
ATTACHED, FOR-SALE HOUSING –
RANGE OF PRODUCT TYPES AND PRICE POINTS
INFILL REDEVELOPMENT,
SERVED BY EXISTING INFRASTRUCTURE
ECONOMIC HEALTH OUTCOMES –
MALL IS FAILING;
CURRENT BONDS WILL GO INTO DEFAULT
1
2
3
4
The information contained in this proposal is conceptual in nature and provided for general information purposes only. Plans, specifications, amenities, features, availability, amounts, land uses, timing, programming, owners/tenants, target brands, and other elements are subject to change, modification or cancellation without notice. Plans, photos, maps, and drawings are intended for informational
and illustrative purposes only and are not to be relied on. All images used within this document are for internal use only and are not to be published or shared with third-parties.
1 8Page 277
Item 15.
The information contained in this proposal is conceptual in nature and provided for general information purposes only. The proposal is subject to change
by McWhinney Real Estate Services, LLC or its affiliates without notice. The final terms and conditions of any development or other matters related to the
project will be set forth in the definitive agreements among the relevant parties. While we endeavor to provide information which is up to date and correct,
we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with
respect to the information or related graphics contained in this proposal. Financial information, expenses, and projections include estimates, assumptions,
and forward looking statements which may not prove to be correct and which involve risks. Plans, specifications, amenities, features, availability, amounts,
prices, land uses, timing, dimensions, materials and other elements are also subject to change, modification or cancellation. Scenes, pictures, drawings,
illustrations and/or views shown may be artist renderings and may be locations or activities not on, or related to, the property or development. Actual
views may vary, and views described or depicted cannot be relied upon. Maps are not to scale and are for relative location purposes only. There is no
guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted in this proposal will
be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted.
Ownership or lease of a space in a depicted community or mixed-use development does not guarantee access to, or the right to use, amenities, which, if
available, may require separate payment and may be subject to other conditions on use. Please Note: All images used within this document are for internal
use only. Prism and McWhinney do not have the copyright for the various images used and therefore are not to be published or shared.
Page 278
Item 15.
-1-
RESOLUTION 2025-059
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A FIRST AMENDMENT TO THE
AMENDED AND RESTATED SERVICE PLAN FOR
FOOTHILLS METROPOLITAN DISTRICT
A. The Colorado Special District Act authorizes the formation of a metropolitan
district within the City by approval of the district’s service plan by adoption of a resolution
of Council and subsequent voter approval at the organizing election.
B. Part 2, Article 1 of Title 32 of the Colorado Revised Statutes (C.R.S.) further
specifies the requirements and procedures, including a hearing before the Council, for
approval of a proposed service plan or any amendment thereto that constitutes a material
modification thereof.
C. The City’s Financial Management Policy 10 – Metro Districts (the “Metro
District Policy”), as authorized by City Council Resolutions 2021-045, 2019-016, 2018-
079, and 2008-069, further establishes the criteria, guidelines, and processes for the City
in considering applications for service plans for proposed metropolitan dis tricts and
amendments to those plans. The Policy sets expectations that metropolitan districts will
provide broad public benefits, requires applicant assurances and specific commitments,
and provides for enforcement of these public benefits by inclusion of related terms in
district service plans, development agreements and other contracts.
D. On September 4, 2012, Council held a public hearing on the formation of a
metropolitan district, the proposed areas and boundaries of which were wholly within the
corporate limits of the City. Council approved the formation of the Foothills Metropolitan
District (the “District”), by adoption of Resolution 2012-084, which included the findings of
Council regarding the need for organized service in the proposed area, the capability of
the District to provide economical and sufficient services, and determining that a condition
was the approval of a future amendment to the original service plan, which was general
in nature, in which the District would set forth details of its financial plans and plan of
improvements.
E. The District was organized by Order and Decree Organizing District, issued
on November 30, 2012, and recorded on January 10, 2013.
F. On May 7, 2013, Council approved, by adoption of Resolution 2013 -043, a
Redevelopment and Reimbursement Agreement (the “Redevelopment Agreement”) by
and between the City, the Fort Collins Urban Renewal Authority, the District, and the
previous developer of the Foothills Mall property within the boundaries of the District.
G. MXD Fort Collins, LLC, a Delaware limited liability company (the
“Developer”) is the current owner of real property, which is a mixed-use development
formerly referred to as the Foothills Mall.
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Item 15.
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H. On May 7, 2013, Council held a public hearing on amendments that
proposed material modifications to the 2012 District service plan, including the provision
of detailed financial plans and plan of improvements for the District (the “Amended and
Restated Service Plan”). Council approved the Amended and Restated Service Plan for
the District by adoption of Resolution 2013-044.
I. Since 2013, the District exercised its authority, per the Amended and
Restated Plan, to issue debt and levy taxes to provide eligible improvements for the
benefit of property owners and taxpayers within the District. Eligible improvements
provided by the District facilitated a mixed-use redevelopment of property within the
District service plan area, including construction of a commercial parking structure, retail
and commercial property development, and construction of multi-family dwelling units.
J. Over the last ten years, robust economic activity within some portions of the
District service plan area generated revenues to contribute to repayment of the debt
issued to finance the public infrastructure improvements of the District. However, during
that period, the interior portions of the legacy Foothills Mall fell below expectations due to
lower than estimated occupancy rates. Further, since 2016, there have been international
and national trends impacting consumer and other market behaviors within the District
boundaries, including retail consolidation, the COVID pandemic, rising construction costs,
and increasing housing costs.
K. Recently, the impacts of these local, national, international trends have
necessitated an evaluation of the revenues pledged for repayment of the annual debt
service of the District. Further, the changing economic landscape has required an
examination of the changes that may be necessary to refinance the current debt of the
District, and the consideration of future public infrastructure improvements that may be
necessary for the continued redevelopment within the service plan area of the District.
L. On December 18, 2024, the Board of Directors of the District requested,
pursuant to Section XI of the Amended and Restated Plan, that the City consider material
modifications in the form of a proposed First Amendment to the Amended and Restated
Service Plan (the “First Amendment”) to increase the debt cap for the District, to extend
the maximum debt term of the District, to add additional eligible improvements to the
District service plan to facilitate continued redevelopment, to raise additional revenues for
the District pursuant to its existing authority and the Redevelopment Agreement, and for
the District to issue additional debt.
M. On February 6, 2025, staff presented the proposed First Amendment to the
Council Finance Committee with a recommendation to refer the First Amendment to
Council for consideration, with additional information on District revenues, firm details on
the affordable housing commitment of the Developer, and clarity on the public
improvement fee amount.
N. On April 18, 2025, notice of a public hearing on the First Amendment was
made by publication in the Fort Collins Coloradoan and by sent by United States first
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Item 15.
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class mail to all owners of record within the District, to the Division of Local Government,
and to the governing bodies of any municipality and special district levying an ad valorem
tax in the next preceding tax year and which has boundaries within a three mile radius of
the District’s boundaries.
O. On May 20, 2025, Council held a public hearing on the proposed First
Amendment, at which Council reviewed the First Amendment and considered the
testimony and evidence presented at the public hearing.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The Council hereby determines that the changes proposed in the
First Amendment constitute material modifications of the Amended and Restated Service
Plan for the District, per Section XI thereof, for which notice, a hearing, and action by
resolution are required, pursuant to C.R.S. §§ 32-1-204.5 and 32-1-207(2) and the Metro
District Policy.
Section 2. The Council hereby determines that the notification requirements of
the Metro District Policy, as well as the statutory notification requirements in Part 3, Article
1 of Title 32, C.R.S., have been complied with regarding the public hearing on the First
Amendment.
Section 3. The Council, after considering the testimony and evidence
presented, and after its review of the First Amendment, hereby finds that the First
Amendment contains, or sufficiently provides for, the items described in C.R.S. § 32-1-
202(2).
Section 4. The Council’s findings are based solely upon the evidence in the First
Amendment presented at the public hearing and the City has not conducted any
independent investigation of the evidence. The City makes no guarantee as to the
financial viability of the District or the achievability of the desired results.
Section 5. The Council hereby approves the First Amendment, attached hereto
as Exhibit A and incorporated herein by this reference.
Section 6. The approval of Council of the First Amendment is not a waiver or a
limitation upon any power that the City Council is legally permitted to exercise with respect
to the property within the District.
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Item 15.
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Passed and adopted on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 20, 2025
Approving Attorney: Dianne Criswell
Exhibit A: First Amendment to the Amended and Restated Service Plan for Foothills
Metropolitan District.
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Item 15.
FIRST AMENDMENT TO
AMENDED AND RESTATED SERVICE PLAN
FOR
FOOTHILLS METROPOLITAN DISTRICT
City of Fort Collins, Colorado
Prepared by:
Icenogle Seaver Pogue, P.C.
4725 South Monaco Street, Suite 360
Denver, Colorado 80237
December 18, 2024
EXHIBIT A TO RESOLUTION 2025-059
Page 283
Item 15.
I.INTRODUCTION
The Amended and Restated Service Plan dated May 7, 2013 (the “Service Plan”) for the
Foothills Metropolitan District (the “District”) was approved by the Council of the City of Fort
Collins (the “City”) on May 7, 2013, pursuant to Resolution No. 2013-044. The District was
organized by Order of the District Court in Larimer County on November 30, 2012, and
subsequently recorded in the office of the Larimer County Clerk and Recorder on January 10, 2013.
The District was organized to redevelop the existing Foothills Mall in order to adapt to changing
market demands and maintain the Foothills Mall as a competitive retail development.
Redevelopment of the Foothills Mall has not gone as anticipated and MXD Fort Collins, LLC (the
“Developer”) is currently working on a new redevelopment plan better suited to accomplish the
goals of the District.
The Board of Directors of the District (the “Board”) is requesting that the City approve this
First Amendment to allow the Board to adapt to the unanticipated changes required for the
redevelopment of the Foothills Mall. This includes: 1) increasing the Maximum Debt
Authorization, the total Net Debt Service, the annual Net Debt Service; 2) extending the Maximum
Debt Maturity Term and clarifying refundings of Debt; and 3) making corresponding changes to
ensure consistency with the revised redevelopment plans, the Service Plan and the Redevelopment
Agreement.
This First Amendment to the Amended and Restated Service Plan for Foothills Metropolitan
District (the “First Amendment”) is intended to be read in conjunction with the Service Plan.
The District seeks to make these changes in accordance with Service Plan Section XI,
Material Modifications.
II.FIRST AMENDMENT
1.Section II of the Service Plan (Definitions) is hereby amended and replaces the
following terms in the Service Plan, which appear in a capitalized format and shall have the
meanings indicated below, unless the context clearly requires otherwise. All capitalized terms not
otherwise defined herein shall have the meaning given them in the Service Plan and
Redevelopment Agreement.
Add-On PIF Revenues: has the same meaning as in the Redevelopment
Agreement, subject to adjustment as to amount as provided in the PIF Covenant.
Throughout the term of the Redevelopment Agreement, the amount of the Add-On PIF
Revenues shall not be reduced below 1.00%.
...
Developer: means MXD Fort Collins, LLC, a Delaware limited liability company.
...
Eligible Improvements: means those improvements, activities and costs described
in the Redevelopment Agreement and as further depicted and described in Attachment 1
to this First Amendment, as well as those improvements and purposes permitted to be
funded by the District through the Foothills Mall Fund.
EXHIBIT A TO RESOLUTION 2025-059
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Item 15.
...
Financial Plan: means a Financial Plan, including the provisions of Section VI and
the attached Attachment 2, as well as those provisions included herein by reference to
the Redevelopment Agreement. The Financial Plan describes how the Eligible
Improvements are to be financed and how the Debt is expected to be incurred.
The Financial Plan is intended to represent an example of debt issuance and financing
structure that may be used by the District. The Finance Plan attached as Attachment
2 amends and replaces Exhibit E to the Service Plan.
...
2.The following provisions of Section VI of the Service Plan (Financial Plan) arehereby amended and replaced in their entirety as set forth below. All provisions of Section VI
of the Service Plan not amended as set forth below shall remain in effect as written in the Service
Plan.
A.General
The District shall be authorized to provide for the planning, design, acquisition,
construction, installation, relocation and/or redevelopment of the Financed Eligible
Improvements, as defined in the Redevelopment Agreement, from the Pledged Revenue,
by and through the Proceeds of Debt to be issued by the District, as is generally described
in Attachment 2, and all other legally available revenues of the District. The Financial
Plan is summarized as follows:
1. The District may issue Debt in an amount not-to-exceed (a) One Hundred
Sixty-Six Million One Hundred Thousand Dollars ($166,100,000) to fund the
costs of the Eligible Improvements, as defined in the Service Plan and the
Redevelopment Agreement, and (b) the Costs of Issuance (the “Maximum Debt
Authorization”).
2.The Debt shall be paid from the Pledged Revenue and other legally available
revenues of the District.
3.The total Net Debt Service shall not exceed Two Hundred Sixty Million
Dollars ($260,000,000).
4.The annual Net Debt Service shall not exceed the amounts set forth in
Attachment 2.
5.The Maximum Debt Service Mill Levy is fifty (50) mills, as may be
adjusted in accordance with the Service Plan and the Redevelopment Agreement.
6.The Maximum Debt Maturity Term is forty (40) years from the date of
issuance of the Debt.
The Redevelopment Agreement sets forth the sources of revenues available to the
District to satisfy the District’s financial obligations arising out of its administrative and
operations and maintenance activities. The Redevelopment Agreement further
EXHIBIT A TO RESOLUTION 2025-059
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Item 15.
establishes the Foothills Mall Fund, which fund revenues shall be available to the District
to finance continued upgrades and enhancements within the boundaries of the District,
as limited by the “Permitted Uses of Foothills Mall Fund” Exhibit to the Redevelopment
Agreement; provided, however, that improvements funded through the Foothills Mall
Fund are only permitted to be funded from those revenue sources identified for the
Foothills Mall Fund in the Redevelopment Agreement and not from District Debt.
Debt that is refunded shall not count against the Maximum Debt
Authorization. The District anticipates issuing Debt in fiscal year 2026 in a par amount
of One Hundred Sixty Six Million One Hundred Thousand Dollars ($166,100,000) for
the financing of the Eligible Improvements and refunding existing Bonds. All
Bonds and other Debt issued by the District may be payable from the Pledged
Revenue and all other legally available revenues of the District, except as otherwise
limited in the Redevelopment Agreement.
...
D. Debt Issuance and Maturity.
The scheduled final maturity of any Debt or series of Debt issued by the District
from time to time shall be limited to forty (40) years (the “Maximum Debt Maturity
Term”). Refundings of the Debt are permitted in accordance with the provisions of the
Redevelopment Agreement, while such Redevelopment Agreement is in effect. The
Maximum Debt Maturity Term shall apply to refundings, from the date of issuing the
refunding bonds such that the scheduled final maturity of all refundings shall be forty
(40) years from the date of issuance of the refunding obligations.
The District shall not issue new Debt except as provided in the Redevelopment
Agreement, so long as the Redevelopment Agreement is in effect, or as otherwise
approved by the City Council during the term of the Redevelopment Agreement.
III. EFFECT OF FIRST AMENDMENT
Except as specifically amended as set forth above, all other provisions of the Service Plan
shall remain in full force and effect. To the extent there are any inconsistencies between this First
Amendment and the Service Plan, this First Amendment shall control. This First Amendment
shall be effective on the date of the effective date of the City’s Resolution approving this First
Amendment.
EXHIBIT A TO RESOLUTION 2025-059
Page 286
Item 15.
Attachment 1
Eligible Improvements
EXHIBIT A TO RESOLUTION 2025-059
Page 287
Item 15.
07.16.2024
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Master PlanMaster Plan
0 80’160’320’
EXHIBIT A TO RESOLUTION 2025-059
Page 288
Item 15.
Attachment 2
Finance Plan
EXHIBIT A TO RESOLUTION 2025-059
Page 289
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Indicative Financing Results
Refunding -
Seniors Seniors Subordinates
Issuance Date 9/1/2026 9/1/2026 9/1/2026
First Call Date 12/1/2031 12/1/2031 12/1/2031
Final Maturity 12/1/2056 12/1/2056 12/15/2056
Discharge Date 12/1/2066 12/1/2066 12/15/2066
Par Amount $69,940,000 $78,000,000 $18,160,000 $166,100,000
Premium / Discount $0 $0 $0 $0
Funds on Hand $0 $0 $0 $0
$69,940,000 $78,000,000 $18,160,000 $166,100,000
New Money Proceeds $756 $57,170,742 $17,832,934 $75,004,431
Refunding Escrows $62,692,556 $0 $0 $62,692,556
Capitalized Interest $0 $12,747,450 $0 $12,747,450
Debt Service Reserve Fund $6,336,752 $7,067,010 $0 $13,403,763
Costs of Issuance $210,536 $234,798 $54,666 $500,000
Underwriter's Discount $699,400 $780,000 $272,400 $1,751,800
$69,940,000 $78,000,000 $18,160,000 $166,100,000
Senior Debt Service Coverage 1.25x 1.25x N/A
Tax Status Tax-Exempt Tax-Exempt Tax-Exempt
Bond Rating Non-Rated Non-Rated Non-Rated
All-in TIC 5.00-5.50%5.00-5.50%7.50%6.66%
District Debt Mill Levy 50 mills (adjusted)
District Debt Mill Levy Expiration N/A
Property Tax TIF Expiration 2038
Property Tax TIF Mills 91.274 Mills
Sales Tax Increment Expiration 2038
Sales Tax Increment Rate 2.250%
PIF Expiration 2055
PIF Rate 1.250%
SOT 3.000%
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 290
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Coverage Analysis - 2026 Bonds
Series 2026 Senior Bonds
Year
Revenues
Available for Rated 2026A Refunding 2026A New Money Interest on 2014
Coverage at
Aggregate
2025 4,378,469 6,068,325 - - - -
2026 3,575,676 6,129,009 874,716 1,062,288 3,534,238 1,811,791 83,774 3,575,676 1.00
2027 3,569,159 6,190,299 3,498,863 4,249,150 3,843,760 335,094 3,569,159 1.00
2028 8,224,530 6,252,202 3,498,863 4,249,150 - 335,094 7,412,918 1.11
2029 11,617,964 6,314,724 8,603,863 4,249,150 7,091,899 335,094 5,426,019 2.14
2030 14,715,388 6,377,871 7,903,613 4,249,150 335,094 11,817,668 1.25
2031 15,348,940 6,441,650 8,410,613 4,249,150 335,094 12,324,668 1.25
2032 15,646,001 6,506,066 8,650,613 4,249,150 335,094 12,564,668 1.25
2033 15,634,651 6,571,127 8,640,113 4,249,150 335,094 12,554,168 1.25
2034 15,851,264 6,636,838 8,815,363 4,249,150 335,094 12,729,418 1.25
2035 15,839,686 6,703,206 8,806,363 4,249,150 335,094 12,720,418 1.25
2036 16,060,630 6,770,238 8,981,113 4,249,150 335,094 12,895,168 1.25
2037 16,048,819 6,837,941 8,974,613 4,249,150 335,094 12,888,668 1.25
2038 16,274,182 6,906,320 9,154,613 4,249,150 335,094 13,068,668 1.25
2039 7,774,307 6,975,383 2,330,863 4,249,150 335,094 6,244,918 1.24
2040 7,877,910 7,045,137 2,412,113 4,249,150 335,094 6,326,168 1.25
2041 7,877,910 7,115,589 784,113 5,879,150 335,094 6,328,168 1.24
2042 7,983,586 7,186,744 - 6,748,575 335,094 6,413,481 1.24
2043 7,983,586 7,258,612 - 6,747,863 335,094 6,412,768 1.24
2044 8,091,375 7,331,198 - 6,835,063 335,094 6,499,968 1.24
2045 8,091,375 7,404,510 - 6,830,188 335,094 6,495,093 1.25
2046 8,201,320 7,478,555 - 6,922,438 335,094 6,587,343 1.25
2047 8,201,320 7,553,341 - 6,921,300 335,094 6,586,206 1.25
2048 8,313,464 7,628,874 - 7,012,150 335,094 6,677,056 1.25
2049 8,313,464 7,705,163 - 7,012,325 335,094 6,677,231 1.25
2050 8,427,850 7,782,214 - 7,100,950 335,094 6,765,856 1.25
2051 8,427,850 7,860,037 - 7,102,525 335,094 6,767,431 1.25
2052 8,544,525 7,938,637 - 7,195,900 335,094 6,860,806 1.25
2053 8,544,525 8,018,023 - 7,195,300 335,094 6,860,206 1.25
2054 8,663,533 8,098,204 - 7,289,850 335,094 6,954,756 1.25
2055 8,734,641 8,179,186 - 7,348,500 335,094 7,013,406 1.25
2056 8,857,451 8,260,977 - 20,852,075 13,738,857 7,113,218 1.25
2057 8,857,451 8,343,587 - -
2058 6,381,588 8,427,023 - -
2059 6,381,588 8,511,293 - -
2060 6,509,360 8,596,406 - -
2061 6,509,360 8,682,370 - -
Total 356,334,700 100,340,403 185,544,538 12,747,450 23,540,358 253,131,370
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 291
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Surplus Analysis - 2026 Bonds
Year
Revenues
Cumulative Interest on
2025 - 0 - -
2026 3,575,676 3,575,676 - 0 - -
2027 3,569,159 3,569,159 - 0 - -
2028 8,224,530 7,412,918 811,612 0 811,612 -
2029 11,617,964 5,426,019 6,191,945 0 7,003,557 -
2030 14,715,388 11,817,668 2,897,720 0 9,901,277 -
2031 15,348,940 12,324,668 3,024,272 0 12,925,549 -
2032 15,646,001 12,564,668 3,081,333 2,938,213 13,068,668 -
2033 15,634,651 12,554,168 3,080,482 3,080,482 13,068,668 -
2034 15,851,264 12,729,418 3,121,846 3,121,846 13,068,668 -
2035 15,839,686 12,720,418 3,119,267 3,119,267 13,068,668 -
2036 16,060,630 12,895,168 3,165,462 3,165,462 13,068,668 -
2037 16,048,819 12,888,668 3,160,151 3,160,151 13,068,668 -
2038 16,274,182 13,068,668 3,205,513 3,205,513 13,068,668 -
2039 7,774,307 6,244,918 1,529,388 1,529,388 13,068,668 -
2040 7,877,910 6,326,168 1,551,742 1,551,742 13,068,668 -
2041 7,877,910 6,328,168 1,549,742 1,549,742 13,068,668 -
2042 7,983,586 6,413,481 1,570,105 1,570,105 13,068,668 -
2043 7,983,586 6,412,768 1,570,818 1,570,818 13,068,668 -
2044 8,091,375 6,499,968 1,591,407 1,591,407 13,068,668 -
2045 8,091,375 6,495,093 1,596,282 1,596,282 13,068,668 -
2046 8,201,320 6,587,343 1,613,977 1,613,977 13,068,668 -
2047 8,201,320 6,586,206 1,615,114 1,615,114 13,068,668 -
2048 8,313,464 6,677,056 1,636,408 1,636,408 13,068,668 -
2049 8,313,464 6,677,231 1,636,233 1,636,233 13,068,668 -
2050 8,427,850 6,765,856 1,661,995 1,661,995 13,068,668 -
2051 8,427,850 6,767,431 1,660,420 1,660,420 13,068,668 -
2052 8,544,525 6,860,806 1,683,719 1,683,719 13,068,668 -
2053 8,544,525 6,860,206 1,684,319 1,684,319 13,068,668 -
2054 8,663,533 6,954,756 1,708,777 1,708,777 13,068,668 -
2055 8,734,641 7,013,406 1,721,235 1,721,235 13,068,668 -
2056 8,857,451 7,113,218 1,744,233 14,812,901 - -
2057 8,857,451 - 8,857,451 - - -
2058 6,381,588 - 6,381,588 - - -
2059 6,381,588 - 6,381,588 - - -
2060 6,509,360 - 6,509,360 - - -
2061 6,509,360 - 6,509,360 - - -
351,956,231 253,131,370 98,824,861 64,185,513 344,290,037 0
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 292
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Subordinate Cash Flow - 2026 Bonds
Available for
Subordinate Debt Subordinate
Less Payments
Toward Sub Bond Interest on
Less Payments
Toward Accrued Balance of
Less Payments
Toward Bond
Balance of
Subordinated Surplus Cash
2025 0 0 0 0 0 0 18,160,000 0 0
2026 0 340,500 0 0 0 340,500 0 18,160,000 0 0
2027 0 1,362,000 0 25,538 0 1,728,038 0 18,160,000 0 0
2028 0 1,362,000 0 129,603 0 3,219,640 0 18,160,000 0 0
2029 0 1,362,000 0 241,473 0 4,823,113 0 18,160,000 0 0
2030 0 1,362,000 0 361,734 0 6,546,847 0 18,160,000 0 0
2031 0 1,362,000 0 491,014 0 8,399,860 0 18,160,000 0 0
2032 2,938,213 1,362,000 1,362,000 629,990 1,576,213 7,453,637 0 18,160,000 0 2,938,213
2033 3,080,482 1,362,000 1,362,000 559,023 1,718,482 6,294,178 0 18,160,000 0 3,080,482
2034 3,121,846 1,362,000 1,362,000 472,063 1,759,846 5,006,395 0 18,160,000 0 3,121,846
2035 3,119,267 1,362,000 1,362,000 375,480 1,757,267 3,624,608 0 18,160,000 0 3,119,267
2036 3,165,462 1,362,000 1,362,000 271,846 1,803,462 2,092,991 0 18,160,000 0 3,165,462
2037 3,160,151 1,362,000 1,362,000 156,974 1,798,151 451,815 0 18,160,000 0 3,160,151
2038 3,205,513 1,362,000 1,362,000 33,886 485,701 0 1,357,812 16,802,188 0 3,205,513
2039 1,529,388 1,260,164 1,260,164 0 0 0 269,224 16,532,964 0 1,529,388
2040 1,551,742 1,239,972 1,239,972 0 0 0 311,770 16,221,194 0 1,551,742
2041 1,549,742 1,216,590 1,216,590 0 0 0 333,152 15,888,042 0 1,549,742
2042 1,570,105 1,191,603 1,191,603 0 0 0 378,502 15,509,540 0 1,570,105
2043 1,570,818 1,163,215 1,163,215 0 0 0 407,602 15,101,938 0 1,570,818
2044 1,591,407 1,132,645 1,132,645 0 0 0 458,761 14,643,176 0 1,591,407
2045 1,596,282 1,098,238 1,098,238 0 0 0 498,043 14,145,133 0 1,596,282
2046 1,613,977 1,060,885 1,060,885 0 0 0 553,092 13,592,041 0 1,613,977
2047 1,615,114 1,019,403 1,019,403 0 0 0 595,711 12,996,330 0 1,615,114
2048 1,636,408 974,725 974,725 0 0 0 661,683 12,334,647 0 1,636,408
2049 1,636,233 925,099 925,099 0 0 0 711,134 11,623,513 0 1,636,233
2050 1,661,995 871,763 871,763 0 0 0 790,231 10,833,282 0 1,661,995
2051 1,660,420 812,496 812,496 0 0 0 847,923 9,985,359 0 1,660,420
2052 1,683,719 748,902 748,902 0 0 0 934,817 9,050,542 0 1,683,719
2053 1,684,319 678,791 678,791 0 0 0 1,005,528 8,045,013 0 1,684,319
2054 1,708,777 603,376 603,376 0 0 0 1,105,401 6,939,612 0 1,708,777
2055 1,721,235 520,471 520,471 0 0 0 1,200,764 5,738,848 0 1,721,235
2056 14,812,901 430,414 430,414 0 0 0 5,738,848 0 8,643,639 6,169,262
2057 0 0 0 0 0 0 0 0 0 0
2058 0 0 0 0 0 0 0 0 0 0
2059 0 0 0 0 0 0 0 0 0 0
2060 0 0 0 0 0 0 0 0 0 0
2061 0 0 0 0 0 0 0 0 0 0
Total 26,482,752 10,899,122 18,160,000 55,541,874
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 293
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Aggregate Revenues
Available for Debt Service
Tax Rev Property Tax - Sales Taxes - Less: Trustee Projected
0 2024 2025 816,196 410,014 1,084,259 825,000 1,250,000 4,385,469 -7,000 4,378,469
1 2025 2026 981,903 418,215 1,240,944 0 941,614 3,582,676 -7,000 3,575,676
2 2026 2027 981,903 418,215 1,234,427 0 941,614 3,576,159 -7,000 3,569,159
3 2027 2028 1,892,801 426,579 2,044,551 1,813,375 2,054,225 8,231,530 -7,000 8,224,530
4 2028 2029 2,708,966 426,579 3,105,254 2,783,037 2,601,129 11,624,964 -7,000 11,617,964
5 2029 2030 3,854,034 621,514 4,862,674 2,783,037 2,601,129 14,722,388 -7,000 14,715,388
6 2030 2031 3,854,034 895,637 5,222,103 2,783,037 2,601,129 15,355,940 -7,000 15,348,940
7 2031 2032 3,931,115 950,282 5,387,438 2,783,037 2,601,129 15,653,001 -7,000 15,646,001
8 2032 2033 3,931,115 950,282 5,376,087 2,783,037 2,601,129 15,641,651 -7,000 15,634,651
9 2033 2034 4,009,737 969,287 5,495,073 2,783,037 2,601,129 15,858,264 -7,000 15,851,264
10 2034 2035 4,009,737 969,287 5,483,495 2,783,037 2,601,129 15,846,686 -7,000 15,839,686
11 2035 2036 4,089,932 988,673 5,604,859 2,783,037 2,601,129 16,067,630 -7,000 16,060,630
12 2036 2037 4,089,932 988,673 5,593,048 2,783,037 2,601,129 16,055,819 -7,000 16,048,819
13 2037 2038 4,171,731 1,008,447 5,716,838 2,783,037 2,601,129 16,281,182 -7,000 16,274,182
14 2038 2039 4,171,731 1,008,447 0 0 2,601,129 7,781,307 -7,000 7,774,307
15 2039 2040 4,255,165 1,028,616 0 0 2,601,129 7,884,910 -7,000 7,877,910
16 2040 2041 4,255,165 1,028,616 0 0 2,601,129 7,884,910 -7,000 7,877,910
17 2041 2042 4,340,269 1,049,188 0 0 2,601,129 7,990,586 -7,000 7,983,586
18 2042 2043 4,340,269 1,049,188 0 0 2,601,129 7,990,586 -7,000 7,983,586
19 2043 2044 4,427,074 1,070,172 0 0 2,601,129 8,098,375 -7,000 8,091,375
20 2044 2045 4,427,074 1,070,172 0 0 2,601,129 8,098,375 -7,000 8,091,375
21 2045 2046 4,515,616 1,091,575 0 0 2,601,129 8,208,320 -7,000 8,201,320
22 2046 2047 4,515,616 1,091,575 0 0 2,601,129 8,208,320 -7,000 8,201,320
23 2047 2048 4,605,928 1,113,407 0 0 2,601,129 8,320,464 -7,000 8,313,464
24 2048 2049 4,605,928 1,113,407 0 0 2,601,129 8,320,464 -7,000 8,313,464
25 2049 2050 4,698,046 1,135,675 0 0 2,601,129 8,434,850 -7,000 8,427,850
26 2050 2051 4,698,046 1,135,675 0 0 2,601,129 8,434,850 -7,000 8,427,850
27 2051 2052 4,792,007 1,158,388 0 0 2,601,129 8,551,525 -7,000 8,544,525
28 2052 2053 4,792,007 1,158,388 0 0 2,601,129 8,551,525 -7,000 8,544,525
29 2053 2054 4,887,848 1,181,556 0 0 2,601,129 8,670,533 -7,000 8,663,533
30 2054 2055 4,924,033 1,216,479 0 0 2,601,129 8,741,641 -7,000 8,734,641
31 2055 2056 5,022,514 1,240,808 0 0 2,601,129 8,864,451 -7,000 8,857,451
32 2056 2057 5,022,514 1,240,808 0 0 2,601,129 8,864,451 -7,000 8,857,451
33 2057 2058 5,122,964 1,265,624 0 0 0 6,388,588 -7,000 6,381,588
34 2058 2059 5,122,964 1,265,624 0 0 0 6,388,588 -7,000 6,381,588
35 2059 2060 5,225,423 1,290,937 0 0 0 6,516,360 -7,000 6,509,360
36 2060 2061 5,225,423 1,290,937 0 0 0 6,516,360 -7,000 6,509,360
Totals $151,316,761 $36,736,942 $57,451,049 $30,468,743 $80,620,205 $356,593,700 -$259,000 $356,334,700
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 294
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Assessed Value - Commercial Existing
Bi-Re Rate 2%
Y AV Set
Tax Rev Beginning Comm Value Biennial Cumulative
Total
Assessed
1 2024 2025 54,835,893 0 54,835,893 15,902,409 64,351 15,966,760
2 2025 2026 54,835,893 11,178,024 66,013,917 19,144,036 64,351 19,208,387
3 2026 2027 66,013,917 0 66,013,917 19,144,036 64,351 19,208,387
4 2027 2028 66,013,917 61,667,982 127,681,899 37,027,751 0 37,027,751
5 2028 2029 127,681,899 0 127,681,899 37,027,751 0 37,027,751
6 2029 2030 127,681,899 0 2,553,638 130,235,537 37,768,306 0 37,768,306
7 2030 2031 130,235,537 0 130,235,537 37,768,306 0 37,768,306
8 2031 2032 130,235,537 0 2,604,711 132,840,248 38,523,672 0 38,523,672
9 2032 2033 132,840,248 0 132,840,248 38,523,672 0 38,523,672
10 2033 2034 132,840,248 0 2,656,805 135,497,053 39,294,145 0 39,294,145
11 2034 2035 135,497,053 0 135,497,053 39,294,145 0 39,294,145
12 2035 2036 135,497,053 0 2,709,941 138,206,994 40,080,028 0 40,080,028
13 2036 2037 138,206,994 0 138,206,994 40,080,028 0 40,080,028
14 2037 2038 138,206,994 0 2,764,140 140,971,134 40,881,629 0 40,881,629
15 2038 2039 140,971,134 0 140,971,134 40,881,629 0 40,881,629
16 2039 2040 140,971,134 0 2,819,423 143,790,556 41,699,261 0 41,699,261
17 2040 2041 143,790,556 0 143,790,556 41,699,261 0 41,699,261
18 2041 2042 143,790,556 0 2,875,811 146,666,367 42,533,247 0 42,533,247
19 2042 2043 146,666,367 0 146,666,367 42,533,247 0 42,533,247
20 2043 2044 146,666,367 0 2,933,327 149,599,695 43,383,911 0 43,383,911
21 2044 2045 149,599,695 0 149,599,695 43,383,911 0 43,383,911
22 2045 2046 149,599,695 0 2,991,994 152,591,689 44,251,590 0 44,251,590
23 2046 2047 152,591,689 0 152,591,689 44,251,590 0 44,251,590
24 2047 2048 152,591,689 0 3,051,834 155,643,522 45,136,622 0 45,136,622
25 2048 2049 155,643,522 0 155,643,522 45,136,622 0 45,136,622
26 2049 2050 155,643,522 0 3,112,870 158,756,393 46,039,354 0 46,039,354
27 2050 2051 158,756,393 0 158,756,393 46,039,354 0 46,039,354
28 2051 2052 158,756,393 0 3,175,128 161,931,521 46,960,141 0 46,960,141
29 2052 2053 161,931,521 0 161,931,521 46,960,141 0 46,960,141
30 2053 2054 161,931,521 0 3,238,630 165,170,151 47,899,344 0 47,899,344
31 2054 2055 165,170,151 0 165,170,151 47,899,344 0 47,899,344
32 2055 2056 165,170,151 0 3,303,403 168,473,554 48,857,331 0 48,857,331
33 2056 2057 168,473,554 0 168,473,554 48,857,331 0 48,857,331
34 2057 2058 168,473,554 0 3,369,471 171,843,025 49,834,477 0 49,834,477
35 2058 2059 171,843,025 0 171,843,025 49,834,477 0 49,834,477
36 2059 2060 171,843,025 0 3,436,861 175,279,886 50,831,167 0 50,831,167
37 2060 2061 175,279,886 0 175,279,886 50,831,167 0 50,831,167
Totals $72,846,006 $47,597,987
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 295
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Revenues Available for Debt Service - Commercial
Tax Rev
Total
Assessed
Debt
Service Specific
Less Fees and
Collections
Tax Revenue
Available for
1 2024 2025 15,966,760 50.363 804,134 24,124 12,062 816,196
2 2025 2026 19,208,387 50.363 967,392 29,022 14,511 981,903
3 2026 2027 19,208,387 50.363 967,392 29,022 14,511 981,903
4 2027 2028 37,027,751 50.363 1,864,829 55,945 27,972 1,892,801
5 2028 2029 37,027,751 50.363 1,864,829 55,945 27,972 1,892,801
6 2029 2030 37,768,306 50.363 1,902,125 57,064 28,532 1,930,657
7 2030 2031 37,768,306 50.363 1,902,125 57,064 28,532 1,930,657
8 2031 2032 38,523,672 50.363 1,940,168 58,205 29,103 1,969,270
9 2032 2033 38,523,672 50.363 1,940,168 58,205 29,103 1,969,270
10 2033 2034 39,294,145 50.363 1,978,971 59,369 29,685 2,008,656
11 2034 2035 39,294,145 50.363 1,978,971 59,369 29,685 2,008,656
12 2035 2036 40,080,028 50.363 2,018,550 60,557 30,278 2,048,829
13 2036 2037 40,080,028 50.363 2,018,550 60,557 30,278 2,048,829
14 2037 2038 40,881,629 50.363 2,058,921 61,768 30,884 2,089,805
15 2038 2039 40,881,629 50.363 2,058,921 61,768 30,884 2,089,805
16 2039 2040 41,699,261 50.363 2,100,100 63,003 31,501 2,131,601
17 2040 2041 41,699,261 50.363 2,100,100 63,003 31,501 2,131,601
18 2041 2042 42,533,247 50.363 2,142,102 64,263 32,132 2,174,233
19 2042 2043 42,533,247 50.363 2,142,102 64,263 32,132 2,174,233
20 2043 2044 43,383,911 50.363 2,184,944 65,548 32,774 2,217,718
21 2044 2045 43,383,911 50.363 2,184,944 65,548 32,774 2,217,718
22 2045 2046 44,251,590 50.363 2,228,643 66,859 33,430 2,262,072
23 2046 2047 44,251,590 50.363 2,228,643 66,859 33,430 2,262,072
24 2047 2048 45,136,622 50.363 2,273,216 68,196 34,098 2,307,314
25 2048 2049 45,136,622 50.363 2,273,216 68,196 34,098 2,307,314
26 2049 2050 46,039,354 50.363 2,318,680 69,560 34,780 2,353,460
27 2050 2051 46,039,354 50.363 2,318,680 69,560 34,780 2,353,460
28 2051 2052 46,960,141 50.363 2,365,054 70,952 35,476 2,400,529
29 2052 2053 46,960,141 50.363 2,365,054 70,952 35,476 2,400,529
30 2053 2054 47,899,344 50.363 2,412,355 72,371 36,185 2,448,540
31 2054 2055 47,899,344 50.363 2,412,355 72,371 36,185 2,484,725
32 2055 2056 48,857,331 50.363 2,460,602 73,818 36,909 2,534,420
33 2056 2057 48,857,331 50.363 2,460,602 73,818 36,909 2,534,420
34 2057 2058 49,834,477 50.363 2,509,814 75,294 37,647 2,585,108
35 2058 2059 49,834,477 50.363 2,509,814 75,294 37,647 2,585,108
36 2059 2060 50,831,167 50.363 2,560,010 76,800 38,400 2,636,810
37 2060 2061 50,831,167 50.363 2,560,010 76,800 38,400 2,636,810
Totals $77,377,083 $2,321,312 $1,160,656 $78,799,837
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 296
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Assessed Value - Residential
Bi-Re Rate 2%
Vacant
Tax Rev Beginning Market New Market Market Value Biennial Gross Market Market Value Market Value
Total
Assessed
1 2024 2025 112,179,985 0 112,179,985 8,020,869 0 0 0 8,020,869
2 2025 2026 112,179,985 0 0 2,243,600 114,423,585 8,181,286 0 0 8,181,286
3 2026 2027 114,423,585 0 0 114,423,585 8,181,286 0 0 8,181,286
4 2027 2028 114,423,585 0 0 2,288,472 116,712,056 8,344,912 0 0 8,344,912
5 2028 2029 116,712,056 51,000,000 0 116,712,056 8,344,912 0 0 8,344,912
6 2029 2030 116,712,056 75,000,000 51,000,000 2,334,241 170,046,298 12,158,310 0 0 12,158,310
7 2030 2031 170,046,298 10,050,000 75,000,000 245,046,298 17,520,810 0 0 17,520,810
8 2031 2032 245,046,298 0 10,050,000 4,900,926 259,997,224 18,589,801 0 0 18,589,801
9 2032 2033 259,997,224 0 0 259,997,224 18,589,801 0 0 18,589,801
10 2033 2034 259,997,224 0 5,199,944 265,197,168 18,961,598 0 0 18,961,598
11 2034 2035 265,197,168 0 265,197,168 18,961,598 0 0 18,961,598
12 2035 2036 265,197,168 0 5,303,943 270,501,111 19,340,829 0 0 19,340,829
13 2036 2037 270,501,111 0 270,501,111 19,340,829 0 0 19,340,829
14 2037 2038 270,501,111 0 5,410,022 275,911,134 19,727,646 0 0 19,727,646
15 2038 2039 275,911,134 0 275,911,134 19,727,646 0 0 19,727,646
16 2039 2040 275,911,134 0 5,518,223 281,429,356 20,122,199 0 0 20,122,199
17 2040 2041 281,429,356 0 281,429,356 20,122,199 0 0 20,122,199
18 2041 2042 281,429,356 0 5,628,587 287,057,943 20,524,643 0 0 20,524,643
19 2042 2043 287,057,943 0 287,057,943 20,524,643 20,524,643
20 2043 2044 287,057,943 0 5,741,159 292,799,102 20,935,136 20,935,136
21 2044 2045 292,799,102 0 292,799,102 20,935,136 20,935,136
22 2045 2046 292,799,102 0 5,855,982 298,655,084 21,353,839 21,353,839
23 2046 2047 298,655,084 0 298,655,084 21,353,839 21,353,839
24 2047 2048 298,655,084 0 5,973,102 304,628,186 21,780,915 21,780,915
25 2048 2049 304,628,186 0 304,628,186 21,780,915 21,780,915
26 2049 2050 304,628,186 0 6,092,564 310,720,750 22,216,534 22,216,534
27 2050 2051 310,720,750 0 310,720,750 22,216,534 22,216,534
28 2051 2052 310,720,750 0 6,214,415 316,935,165 22,660,864 22,660,864
29 2052 2053 316,935,165 0 316,935,165 22,660,864 22,660,864
30 2053 2054 316,935,165 0 6,338,703 323,273,868 23,114,082 23,114,082
31 2054 2055 323,273,868 0 323,273,868 23,114,082 23,114,082
32 2055 2056 323,273,868 0 6,465,477 329,739,345 23,576,363 23,576,363
33 2056 2057 329,739,345 0 329,739,345 23,576,363 23,576,363
34 2057 2058 329,739,345 0 6,594,787 336,334,132 24,047,890 24,047,890
35 2058 2059 336,334,132 0 336,334,132 24,047,890 24,047,890
36 2059 2060 336,334,132 0 6,726,683 343,060,815 24,528,848 24,528,848
37 2060 2061 343,060,815 0 343,060,815 24,528,848 24,528,848
Totals $136,050,000 $136,050,000 $94,830,830 $0 $0
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 297
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Revenues Available for Debt Service - Residential
Tax Rev
Total
Assessed
Debt
Service
Debt Service
Mill Levy
Less Fees
and
Collections
Tax Revenue
Available for
1 2024 2025 8,020,869 50.363 403,955 12,119 6,059 410,014
2 2025 2026 8,181,286 50.363 412,034 12,361 6,181 418,215
3 2026 2027 8,181,286 50.363 412,034 12,361 6,181 418,215
4 2027 2028 8,344,912 50.363 420,275 12,608 6,304 426,579
5 2028 2029 8,344,912 50.363 420,275 12,608 6,304 426,579
6 2029 2030 12,158,310 50.363 612,329 18,370 9,185 621,514
7 2030 2031 17,520,810 50.363 882,401 26,472 13,236 895,637
8 2031 2032 18,589,801 50.363 936,238 28,087 14,044 950,282
9 2032 2033 18,589,801 50.363 936,238 28,087 14,044 950,282
10 2033 2034 18,961,598 50.363 954,963 28,649 14,324 969,287
11 2034 2035 18,961,598 50.363 954,963 28,649 14,324 969,287
12 2035 2036 19,340,829 50.363 974,062 29,222 14,611 988,673
13 2036 2037 19,340,829 50.363 974,062 29,222 14,611 988,673
14 2037 2038 19,727,646 50.363 993,543 29,806 14,903 1,008,447
15 2038 2039 19,727,646 50.363 993,543 29,806 14,903 1,008,447
16 2039 2040 20,122,199 50.363 1,013,414 30,402 15,201 1,028,616
17 2040 2041 20,122,199 50.363 1,013,414 30,402 15,201 1,028,616
18 2041 2042 20,524,643 50.363 1,033,683 31,010 15,505 1,049,188
19 2042 2043 20,524,643 50.363 1,033,683 31,010 15,505 1,049,188
20 2043 2044 20,935,136 50.363 1,054,356 31,631 15,815 1,070,172
21 2044 2045 20,935,136 50.363 1,054,356 31,631 15,815 1,070,172
22 2045 2046 21,353,839 50.363 1,075,443 32,263 16,132 1,091,575
23 2046 2047 21,353,839 50.363 1,075,443 32,263 16,132 1,091,575
24 2047 2048 21,780,915 50.363 1,096,952 32,909 16,454 1,113,407
25 2048 2049 21,780,915 50.363 1,096,952 32,909 16,454 1,113,407
26 2049 2050 22,216,534 50.363 1,118,891 33,567 16,783 1,135,675
27 2050 2051 22,216,534 50.363 1,118,891 33,567 16,783 1,135,675
28 2051 2052 22,660,864 50.363 1,141,269 34,238 17,119 1,158,388
29 2052 2053 22,660,864 50.363 1,141,269 34,238 17,119 1,158,388
30 2053 2054 23,114,082 50.363 1,164,094 34,923 17,461 1,181,556
31 2054 2055 23,114,082 50.363 1,164,094 34,923 17,461 1,216,479
32 2055 2056 23,576,363 50.363 1,187,376 35,621 17,811 1,240,808
33 2056 2057 23,576,363 50.363 1,187,376 35,621 17,811 1,240,808
34 2057 2058 24,047,890 50.363 1,211,124 36,334 18,167 1,265,624
35 2058 2059 24,047,890 50.363 1,211,124 36,334 18,167 1,265,624
36 2059 2060 24,528,848 50.363 1,235,346 37,060 18,530 1,290,937
37 2060 2061 24,528,848 50.363 1,235,346 37,060 18,530 1,290,937
Totals $35,944,817 $1,078,344 $539,172 $36,736,942
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 298
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Assessed Value - Commercial
Bi-Re Rate 2%
Y AV Set
Tax Rev Beginning Market New Market Market Value Biennial Gross Market
1 2024 2025 0 0 0 0 0
2 2025 2026 0 0 0 0 0 0
3 2026 2027 0 0 0 0 0
4 2027 2028 0 53,475,125 0 0 0 0
5 2028 2029 0 71,475,125 53,475,125 53,475,125 15,507,786
6 2029 2030 53,475,125 0 71,475,125 1,069,503 126,019,753 36,545,728
7 2030 2031 126,019,753 0 0 126,019,753 36,545,728
8 2031 2032 126,019,753 0 2,520,395 128,540,148 37,276,643
9 2032 2033 128,540,148 0 128,540,148 37,276,643
10 2033 2034 128,540,148 0 2,570,803 131,110,951 38,022,176
11 2034 2035 131,110,951 0 131,110,951 38,022,176
12 2035 2036 131,110,951 0 2,622,219 133,733,170 38,782,619
13 2036 2037 133,733,170 0 133,733,170 38,782,619
14 2037 2038 133,733,170 0 2,674,663 136,407,833 39,558,272
15 2038 2039 136,407,833 0 136,407,833 39,558,272
16 2039 2040 136,407,833 0 2,728,157 139,135,990 40,349,437
17 2040 2041 139,135,990 0 139,135,990 40,349,437
18 2041 2042 139,135,990 0 2,782,720 141,918,709 41,156,426
19 2042 2043 141,918,709 0 141,918,709 41,156,426
20 2043 2044 141,918,709 0 2,838,374 144,757,084 41,979,554
21 2044 2045 144,757,084 0 144,757,084 41,979,554
22 2045 2046 144,757,084 0 2,895,142 147,652,225 42,819,145
23 2046 2047 147,652,225 0 147,652,225 42,819,145
24 2047 2048 147,652,225 0 2,953,045 150,605,270 43,675,528
25 2048 2049 150,605,270 0 150,605,270 43,675,528
26 2049 2050 150,605,270 0 3,012,105 153,617,375 44,549,039
27 2050 2051 153,617,375 0 153,617,375 44,549,039
28 2051 2052 153,617,375 0 3,072,348 156,689,723 45,440,020
29 2052 2053 156,689,723 0 156,689,723 45,440,020
30 2053 2054 156,689,723 0 3,133,794 159,823,517 46,348,820
31 2054 2055 159,823,517 0 159,823,517 46,348,820
32 2055 2056 159,823,517 0 3,196,470 163,019,987 47,275,796
33 2056 2057 163,019,987 0 163,019,987 47,275,796
34 2057 2058 163,019,987 0 3,260,400 166,280,387 48,221,312
35 2058 2059 166,280,387 0 166,280,387 48,221,312
36 2059 2060 166,280,387 0 3,325,608 169,605,995 49,185,739
37 2060 2061 169,605,995 0 169,605,995 49,185,739
Totals $124,950,250 $124,950,250 $44,655,745
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 299
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Projected Revenues Available for Debt Service - New Commercial
Tax Rev
Total
Assessed
Debt
Service
Debt Service
Mill Levy
Less Fees and
Collections
Tax Revenue
Available for
1 2024 2025 0 50.363 0 0 0 0
2 2025 2026 0 50.363 0 0 0 0
3 2026 2027 0 50.363 0 0 0 0
4 2027 2028 0 50.363 0 0 0 0
5 2028 2029 15,507,786 50.363 781,019 23,431 11,715 816,164
6 2029 2030 36,545,728 50.363 1,840,553 55,217 27,608 1,923,377
7 2030 2031 36,545,728 50.363 1,840,553 55,217 27,608 1,923,377
8 2031 2032 37,276,643 50.363 1,877,364 56,321 28,160 1,961,845
9 2032 2033 37,276,643 50.363 1,877,364 56,321 28,160 1,961,845
10 2033 2034 38,022,176 50.363 1,914,911 57,447 28,724 2,001,082
11 2034 2035 38,022,176 50.363 1,914,911 57,447 28,724 2,001,082
12 2035 2036 38,782,619 50.363 1,953,209 58,596 29,298 2,041,103
13 2036 2037 38,782,619 50.363 1,953,209 58,596 29,298 2,041,103
14 2037 2038 39,558,272 50.363 1,992,273 59,768 29,884 2,081,926
15 2038 2039 39,558,272 50.363 1,992,273 59,768 29,884 2,081,926
16 2039 2040 40,349,437 50.363 2,032,119 60,964 30,482 2,123,564
17 2040 2041 40,349,437 50.363 2,032,119 60,964 30,482 2,123,564
18 2041 2042 41,156,426 50.363 2,072,761 62,183 31,091 2,166,035
19 2042 2043 41,156,426 50.363 2,072,761 62,183 31,091 2,166,035
20 2043 2044 41,979,554 50.363 2,114,216 63,426 31,713 2,209,356
21 2044 2045 41,979,554 50.363 2,114,216 63,426 31,713 2,209,356
22 2045 2046 42,819,145 50.363 2,156,501 64,695 32,348 2,253,543
23 2046 2047 42,819,145 50.363 2,156,501 64,695 32,348 2,253,543
24 2047 2048 43,675,528 50.363 2,199,631 65,989 32,994 2,298,614
25 2048 2049 43,675,528 50.363 2,199,631 65,989 32,994 2,298,614
26 2049 2050 44,549,039 50.363 2,243,623 67,309 33,654 2,344,586
27 2050 2051 44,549,039 50.363 2,243,623 67,309 33,654 2,344,586
28 2051 2052 45,440,020 50.363 2,288,496 68,655 34,327 2,391,478
29 2052 2053 45,440,020 50.363 2,288,496 68,655 34,327 2,391,478
30 2053 2054 46,348,820 50.363 2,334,266 70,028 35,014 2,439,308
31 2054 2055 46,348,820 50.363 2,334,266 70,028 35,014 2,439,308
32 2055 2056 47,275,796 50.363 2,380,951 71,429 35,714 2,488,094
33 2056 2057 47,275,796 50.363 2,380,951 71,429 35,714 2,488,094
34 2057 2058 48,221,312 50.363 2,428,570 72,857 36,429 2,537,856
35 2058 2059 48,221,312 50.363 2,428,570 72,857 36,429 2,537,856
36 2059 2060 49,185,739 50.363 2,477,141 74,314 37,157 2,588,613
37 2060 2061 49,185,739 50.363 2,477,141 74,314 37,157 2,588,613
Totals $69,394,185 $2,081,826 $1,040,913 $72,516,924
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 300
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Tax Increment Revenues - Property Tax
Tax Rev Base Year Aggregate Net Total Gross URA Admin & Adjustments to
Tax Revenue
Available for
1 2024 2025 23,987,629 8,296,803 15,690,826 91.274 1,432,165 -21,482 -326,424 1,084,259
2 2025 2026 27,389,673 9,431,372 17,958,301 91.274 1,639,126 -24,587 -373,595 1,240,944
3 2026 2027 27,389,673 9,525,686 17,863,988 91.274 1,630,518 -24,458 -371,633 1,234,427
4 2027 2028 45,372,663 15,784,986 29,587,677 91.274 2,700,586 -40,509 -615,527 2,044,551
5 2028 2029 60,880,449 15,942,836 44,937,613 91.274 4,101,637 -61,525 -934,859 3,105,254
6 2029 2030 86,472,344 16,102,264 70,370,080 91.274 6,422,961 -96,344 -1,463,942 4,862,674
7 2030 2031 91,834,844 16,263,287 75,571,557 91.274 6,897,720 -103,466 -1,572,151 5,222,103
8 2031 2032 94,390,116 16,425,920 77,964,197 91.274 7,116,106 -106,742 -1,621,927 5,387,438
9 2032 2033 94,390,116 16,590,179 77,799,937 91.274 7,101,113 -106,517 -1,618,509 5,376,087
10 2033 2034 96,277,918 16,756,081 79,521,838 91.274 7,258,278 -108,874 -1,654,331 5,495,073
11 2034 2035 96,277,918 16,923,641 79,354,277 91.274 7,242,984 -108,645 -1,650,845 5,483,495
12 2035 2036 98,203,477 17,092,878 81,110,599 91.274 7,403,291 -111,049 -1,687,383 5,604,859
13 2036 2037 98,203,477 17,263,807 80,939,670 91.274 7,387,690 -110,815 -1,683,827 5,593,048
14 2037 2038 100,167,546 17,436,445 82,731,102 91.274 7,551,201 -113,268 -1,721,095 5,716,838
15 2038 2039 100,167,546 17,610,809 0
16 2039 2040 102,170,897 17,786,917 0
17 2040 2041 102,170,897 17,964,786 0
18 2041 2042 104,214,315 18,144,434 0
19 2042 2043 104,214,315 18,325,879 0
20 2043 2044 106,298,602 18,509,137 0
21 2044 2045 106,298,602 18,694,229 0
22 2045 2046 108,424,574 18,881,171 0
23 2046 2047 108,424,574 0
24 2047 2048 110,593,065 0
25 2048 2049 110,593,065
26 2049 2050 112,804,926
27 2050 2051 112,804,926
28 2051 2052 115,061,025
29 2052 2053 115,061,025
30 2053 2054 71,013,425
31 2054 2055 71,013,425
32 2055 2056 72,433,694
33 2056 2057 72,433,694
34 2057 2058 73,882,368
35 2058 2059 73,882,368
36 2059 2060 75,360,015
37 2060 2061 75,360,015
Totals $75,885,377 -$1,138,281 -$17,296,047 $57,451,049
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 301
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
Sales Tax Revenues - Increment
Tax Rev New Taxable Total Sales Tax
1 2024 2025 119,741,255 0 119,741,255 2.25%2,694,178 1,828,766 40,413 825,000
2 2025 2026 119,741,255 0 75,329,128 2.25%1,694,905 1,828,766 25,424 0
3 2026 2027 75,329,128 0 75,329,128 2.25%1,694,905 1,828,766 25,424 0
4 2027 2028 75,329,128 43,752,375 164,337,975 2.25%3,697,604 1,828,766 55,464 1,813,375
5 2028 2029 164,337,975 43,752,375 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
6 2029 2030 208,090,350 0 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
7 2030 2031 208,090,350 0 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
8 2031 2032 208,090,350 0 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
9 2032 2033 208,090,350 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
10 2033 2034 208,090,350 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
11 2034 2035 208,090,350 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
12 2035 2036 208,090,350 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
13 2036 2037 208,090,350 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
14 2037 2038 208,090,350 208,090,350 2.25%4,682,033 1,828,766 70,230 2,783,037
15 2038 2039 208,090,350 0
16 2039 2040 0 0
17 2040 2041 0 0
18 2041 2042 0 0
19 2042 2043 0 0
20 2043 2044 0 0
21 2044 2045 0 0
22 2045 2046 0 0
23 2046 2047 0 0
24 2047 2048 0 0
25 2048 2049 0 0
26 2049 2050 0 0
27 2050 2051 0 0
28 2051 2052 0
29 2052 2053 0
30 2053 2054 0
31 2054 2055 0
32 2055 2056 0
33 2056 2057 0
34 2057 2058 0
35 2058 2059
36 2059 2060
37 2060 2061
Totals $87,504,750 $2,515,640,986 $56,601,922 $25,602,718 $849,029 $30,468,743
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 302
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
PIF Revenues
Tax Rev New Taxable
1 2024 2025 100,000,000 0 100,000,000 1.25%1,250,000 1,250,000
2 2025 2026 100,000,000 0 75,329,128 1.25%941,614 941,614
3 2026 2027 75,329,128 0 75,329,128 1.25%941,614 941,614
4 2027 2028 75,329,128 43,752,375 164,337,975 1.25%2,054,225 2,054,225
5 2028 2029 164,337,975 43,752,375 208,090,350 1.25%2,601,129 2,601,129
6 2029 2030 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
7 2030 2031 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
8 2031 2032 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
9 2032 2033 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
10 2033 2034 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
11 2034 2035 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
12 2035 2036 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
13 2036 2037 208,090,350 0 208,090,350 1.25%2,601,129 2,601,129
14 2037 2038 208,090,350 208,090,350 1.25%2,601,129 2,601,129
15 2038 2039 208,090,350 208,090,350 1.25%2,601,129 2,601,129
16 2039 2040 208,090,350 208,090,350 1.25%2,601,129 2,601,129
17 2040 2041 208,090,350 208,090,350 1.25%2,601,129 2,601,129
18 2041 2042 208,090,350 208,090,350 1.25%2,601,129 2,601,129
19 2042 2043 208,090,350 208,090,350 1.25%2,601,129 2,601,129
20 2043 2044 208,090,350 208,090,350 1.25%2,601,129 2,601,129
21 2044 2045 208,090,350 208,090,350 1.25%2,601,129 2,601,129
22 2045 2046 208,090,350 208,090,350 1.25%2,601,129 2,601,129
23 2046 2047 208,090,350 208,090,350 1.25%2,601,129 2,601,129
24 2047 2048 208,090,350 208,090,350 1.25%2,601,129 2,601,129
25 2048 2049 208,090,350 208,090,350 1.25%2,601,129 2,601,129
26 2049 2050 208,090,350 208,090,350 1.25%2,601,129 2,601,129
27 2050 2051 208,090,350 208,090,350 1.25%2,601,129 2,601,129
28 2051 2052 208,090,350 208,090,350 1.25%2,601,129 2,601,129
29 2052 2053 208,090,350 208,090,350 1.25%2,601,129 2,601,129
30 2053 2054 208,090,350 208,090,350 1.25%2,601,129 2,601,129
31 2054 2055 208,090,350 208,090,350 1.25%2,601,129 2,601,129
32 2055 2056 208,090,350 208,090,350 1.25%2,601,129 2,601,129
33 2056 2057 208,090,350 208,090,350 1.25%2,601,129 2,601,129
34 2057 2058
35 2058 2059
36 2059 2060
37 2060 2061
Totals $87,504,750 $6,449,616,381 $80,620,205 $80,620,205
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 303
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
12/31/1901 12/31/1901 12/31/1901 $540,000 $600,000 $750,000
24 24 24 0.00%0.00%0.00%
Total Condos Townhomes Brownstones Condos Townhomes Brownstones Total Market Value
2024 - 1.00 2024 $0 $0 $0 $0
2025 - 2.00 2025 $0 $0 $0 $0
2026 - 0 3.00 2026 $0 $0 $0 $0
2027 - 0 4.00 2027 $0 $0 $0 $0
2028 86 50 20 16 5.00 2028 $27,000,000 $12,000,000 $12,000,000 $51,000,000
2029 122 50 40 32 6.00 2029 $27,000,000 $24,000,000 $24,000,000 $75,000,000
2030 15 8 7 7.00 2030 $0 $4,800,000 $5,250,000 $10,050,000
2031 - 8.00 2031 $0 $0 $0 $0
2032 - 9.00 2032 $0 $0 $0 $0
2033 - 10.00 2033 $0 $0 $0 $0
2034 - 11.00 2034 $0 $0 $0 $0
2035 - 12.00 2035 $0 $0 $0 $0
223 100 68 55 $54,000,000 $40,800,000 $41,250,000 $136,050,000
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 304
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
29%
AV Set
Collection
Year
Value of New
Lots
Less: Lots to
Final
Net Value with
Lag Adjustments
Cumulative
Finished Lot Value 100% Lot Value
Assessed
Value of Lots
2023 2024 $0 $0 $0 $0 $0 $0
2024 2025 $0 $0 $0 $0 $0 $0
2025 2026 $0 $0 $0 $0 $0 $0
2026 2027 $0 $0 $0 $0 $0 $0
2027 2028 $5,100,000 $0 $0 $0 $0 $0
2028 2029 $7,500,000 -$5,100,000 $5,100,000 $5,100,000 $5,100,000 $1,479,000
2029 2030 $1,005,000 -$7,500,000 $2,400,000 $7,500,000 $7,500,000 $2,175,000
2030 2031 $0 -$1,005,000 -$6,495,000 $1,005,000 $1,005,000 $291,450
2031 2032 $0 $0 -$1,005,000 $0 $0 $0
2032 2033 $0 $0 $0 $0 $0 $0
2033 2034 $0 $0 $0 $0 $0 $0
2034 2035 $0 $0 $0 $0 $0 $0
$13,605,000 -$13,605,000
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 305
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
12/31/1901 12/31/1901 $450 $550
24 24 0.00%0.00%
Total Office Retail Office Retail Total Market Value
2023 - #2023 $0 $0 $0
2024 - #2024 $0 $0 $0
2025 - #2025 $0 $0 $0
2026 - #2026 $0 $0 $0
2027 97,228 97,228 #2027 $0 $53,475,125 $53,475,125
2028 137,228 40,000 97,228 #2028 $18,000,000 $53,475,125 $71,475,125
2029 - #2029 $0 $0 $0
2030 - #2030 $0 $0 $0
2031 - #2031 $0 $0 $0
2032 - #2032 $0 $0 $0
2033 - #2033 $0 $0 $0
2034 - #2034 $0 $0 $0
2035 - #2035 $0 $0 $0
234,455 40,000 194,455 $18,000,000 $106,950,250 $124,950,250
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 306
Item 15.
Preliminary Financing Analysis:
Foothills Metropolitan District
City of Fort Collins, Colorado
29%
AV Set
Collection
Year
Value of New
Lots
Less: Lots to
Homes
Net Value with
Lag Adjustments
Cumulative
Finished Lot Value 100% Lot Value
Assessed
Value of Lots
2022 2023 $0 $0 $0 $0 $0 $0
2023 2024 $0 $0 $0 $0 $0 $0
2024 2025 $0 $0 $0 $0 $0 $0
2025 2026 $0 $0 $0 $0 $0 $0
2026 2027 $5,347,513 $0 $0 $0 $0 $0
2027 2028 $7,147,513 -$5,347,513 $5,347,513 $5,347,513 $5,347,513 $1,550,779
2028 2029 $0 -$7,147,513 $1,800,000 $7,147,513 $7,147,513 $2,072,779
2029 2030 $0 $0 -$7,147,513 $0 $0 $0
2030 2031 $0 $0 $0 $0 $0 $0
2031 2032 $0 $0 $0 $0 $0 $0
2032 2033 $0 $0 $0 $0 $0 $0
2033 2034 $0 $0 $0 $0 $0 $0
2034 2035 $0 $0 $0 $0 $0 $0
$12,495,025 -$12,495,025
11/14/2024
EXHIBIT A TO RESOLUTION 2025-059
Page 307
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 1
SOURCES AND USES OF FUNDS
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
Dated Date 09/01/2026
Delivery Date 09/01/2026
2026A Senior 2026A New 2026B
Sources:Refunding Money Subordinate Total
Bond Proceeds:
Par Amount 69,940,000.00 78,000,000.00 18,160,000.00 166,100,000.00
69,940,000.00 78,000,000.00 18,160,000.00 166,100,000.00
2026A Senior 2026A New 2026B
Uses:Refunding Money Subordinate Total
Project Fund Deposits:
New Money 57,167,065.87 17,832,934.13 75,000,000.00
Refunding Escrow Deposits:
Cash Deposit 62,692,556.25 62,692,556.25
Other Fund Deposits:
DSRF 6,336,752.39 7,067,010.11 13,403,762.50
Reserve/Capitalized Interest Fund 12,747,450.00 12,747,450.00
6,336,752.39 19,814,460.11 26,151,212.50
Delivery Date Expenses:
Cost of Issuance 210,535.82 234,798.31 54,665.87 500,000.00
Underwriter's Discount 699,400.00 780,000.00 272,400.00 1,751,800.00
909,935.82 1,014,798.31 327,065.87 2,251,800.00
Other Uses of Funds:
Contingency (COI or Bond Fund)755.54 3,675.71 4,431.25
69,940,000.00 78,000,000.00 18,160,000.00 166,100,000.00
EXHIBIT A TO RESOLUTION 2025-059
Page 308
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 2
UNIVERSAL BOND SOLUTION
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
Universal Bond Solution Component
Period Proposed Proposed Debt Service Total Adj Revenue Unused Debt Service
Ending Principal Debt Service Adjustments Debt Service Constraints Revenues Coverage
12/15/2026 1,937,003 (1,146,061)790,942 3,575,676 2,784,734 452.08%
12/15/2027 7,748,013 (4,584,244)3,163,768 3,569,159 405,390 112.81%
12/15/2028 7,748,013 (4,584,244)3,163,768 8,224,530 5,060,762 259.96%
12/15/2029 5,105,000 12,853,013 (3,521,957)9,331,056 11,617,964 2,286,908 124.51%
12/15/2030 4,660,000 12,152,763 (335,094)11,817,668 14,715,388 2,897,720 124.52%
12/15/2031 5,400,000 12,659,763 (335,094)12,324,668 15,348,940 3,024,272 124.54%
12/15/2032 5,910,000 12,899,763 (335,094)12,564,668 15,646,001 3,081,333 124.52%
12/15/2033 6,195,000 12,889,263 (335,094)12,554,168 15,634,651 3,080,482 124.54%
12/15/2034 6,680,000 13,064,513 (335,094)12,729,418 15,851,264 3,121,846 124.52%
12/15/2035 7,005,000 13,055,513 (335,094)12,720,418 15,839,686 3,119,267 124.52%
12/15/2036 7,530,000 13,230,263 (335,094)12,895,168 16,060,630 3,165,462 124.55%
12/15/2037 7,900,000 13,223,763 (335,094)12,888,668 16,048,819 3,160,151 124.52%
12/15/2038 8,475,000 13,403,763 (335,094)13,068,668 16,274,182 3,205,513 124.53%
12/15/2039 2,075,000 6,580,013 (335,094)6,244,918 7,774,307 1,529,388 124.49%
12/15/2040 2,260,000 6,661,263 (335,094)6,326,168 7,877,910 1,551,742 124.53%
12/15/2041 2,375,000 6,663,263 (335,094)6,328,168 7,877,910 1,549,742 124.49%
12/15/2042 2,585,000 6,748,575 (335,094)6,413,481 7,983,586 1,570,105 124.48%
12/15/2043 2,720,000 6,747,863 (335,094)6,412,768 7,983,586 1,570,818 124.50%
12/15/2044 2,950,000 6,835,063 (335,094)6,499,968 8,091,375 1,591,407 124.48%
12/15/2045 3,100,000 6,830,188 (335,094)6,495,093 8,091,375 1,596,282 124.58%
12/15/2046 3,355,000 6,922,438 (335,094)6,587,343 8,201,320 1,613,977 124.50%
12/15/2047 3,530,000 6,921,300 (335,094)6,586,206 8,201,320 1,615,114 124.52%
12/15/2048 3,815,000 7,012,150 (335,094)6,677,056 8,313,464 1,636,408 124.51%
12/15/2049 4,025,000 7,012,325 (335,094)6,677,231 8,313,464 1,636,233 124.50%
12/15/2050 4,335,000 7,100,950 (335,094)6,765,856 8,427,850 1,661,995 124.56%
12/15/2051 4,575,000 7,102,525 (335,094)6,767,431 8,427,850 1,660,420 124.54%
12/15/2052 4,920,000 7,195,900 (335,094)6,860,806 8,544,525 1,683,719 124.54%
12/15/2053 5,190,000 7,195,300 (335,094)6,860,206 8,544,525 1,684,319 124.55%
12/15/2054 5,570,000 7,289,850 (335,094)6,954,756 8,663,533 1,708,777 124.57%
12/15/2055 5,935,000 7,348,500 (335,094)7,013,406 8,734,641 1,721,235 124.54%
12/15/2056 19,765,000 20,852,075 (13,738,857)7,113,218 8,857,451 1,744,233 124.52%
147,940,000 285,884,941 (36,287,808)249,597,133 317,316,883 67,719,751
EXHIBIT A TO RESOLUTION 2025-059
Page 309
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 3
BOND PRICING
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
Maturity
Bond Component Date Amount Rate Yield Price
2026A Senior Refunding, 2040:
12/01/2029 5,105,000 5.000% 5.000% 100.000
12/01/2030 4,660,000 5.000% 5.000% 100.000
12/01/2031 5,400,000 5.000% 5.000% 100.000
12/01/2032 5,910,000 5.000% 5.000% 100.000
12/01/2033 6,195,000 5.000% 5.000% 100.000
12/01/2034 6,680,000 5.000% 5.000% 100.000
12/01/2035 7,005,000 5.000% 5.000% 100.000
12/01/2036 7,530,000 5.000% 5.000% 100.000
12/01/2037 7,900,000 5.000% 5.000% 100.000
12/01/2038 8,475,000 5.000% 5.000% 100.000
12/01/2039 2,075,000 5.000% 5.000% 100.000
12/01/2040 2,260,000 5.000% 5.000% 100.000
69,195,000
2026A Senior Refunding, 2046:
12/01/2041 745,000 5.250% 5.250% 100.000
12/01/2046 5.250% 5.250% 100.000
745,000
2026A New Money, 2046:
12/01/2041 1,630,000 5.250% 5.250% 100.000
12/01/2042 2,585,000 5.250% 5.250% 100.000
12/01/2043 2,720,000 5.250% 5.250% 100.000
12/01/2044 2,950,000 5.250% 5.250% 100.000
12/01/2045 3,100,000 5.250% 5.250% 100.000
12/01/2046 3,355,000 5.250% 5.250% 100.000
16,340,000
2026A New Money, 2056 Term Bond (Senior):
12/01/2047 3,530,000 5.500% 5.500% 100.000
12/01/2048 3,815,000 5.500% 5.500% 100.000
12/01/2049 4,025,000 5.500% 5.500% 100.000
12/01/2050 4,335,000 5.500% 5.500% 100.000
12/01/2051 4,575,000 5.500% 5.500% 100.000
12/01/2052 4,920,000 5.500% 5.500% 100.000
12/01/2053 5,190,000 5.500% 5.500% 100.000
12/01/2054 5,570,000 5.500% 5.500% 100.000
12/01/2055 5,935,000 5.500% 5.500% 100.000
12/01/2056 19,765,000 5.500% 5.500% 100.000
61,660,000
2026B Subordinate, 2053 Cash Flow Bond (Subordinate):
12/15/2056 18,160,000 7.500% 7.500% 100.000
166,100,000
Dated Date 09/01/2026
Delivery Date 09/01/2026
Par Amount 166,100,000.00
Original Issue Discount
Production 166,100,000.00 100.000000%
Underwriter's Discount (1,751,800.00) (1.054666%)
Purchase Price 164,348,200.00 98.945334%
Accrued Interest
Net Proceeds 164,348,200.00
EXHIBIT A TO RESOLUTION 2025-059
Page 310
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 4
BOND SUMMARY STATISTICS
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
2026A Senior 2026B Subordinate
Refunding 2026A New Money Aggregate
Dated Date 09/01/2026 09/01/2026 09/01/2026 09/01/2026
Delivery Date 09/01/2026 09/01/2026 09/01/2026 09/01/2026
First Coupon 12/01/2026 12/01/2026 12/15/2026 12/01/2026
Last Maturity 12/01/2041 12/01/2056 12/15/2056 12/15/2056
Arbitrage Yield 5.642493%5.642493%5.642493%5.642493%
True Interest Cost (TIC)5.152929%5.531204%7.629081%5.741802%
Net Interest Cost (NIC)5.119815%5.502129%7.549523%5.788071%
All-In TIC 5.197773%5.553927%7.655096%5.770460%
Average Coupon 5.004676%5.462510%7.500000%5.732036%
Average Life (years)8.685 25.241 30.289 18.822
Weighted Average Maturity (years)8.685 25.241 30.289 18.822
Duration of Issue (years)6.969 13.782 12.227 10.948
Par Amount 69,940,000.00 78,000,000.00 18,160,000.00 166,100,000.00
Bond Proceeds 69,940,000.00 78,000,000.00 18,160,000.00 166,100,000.00
Total Interest 30,400,403.13 107,544,537.50 41,253,466.67 179,198,407.30
Net Interest 31,099,803.13 108,324,537.50 41,525,866.67 180,950,207.30
Bond Years from Dated Date 607,440,000.00 1,968,775,000.00 550,046,222.22 3,126,261,222.22
Bond Years from Delivery Date 607,440,000.00 1,968,775,000.00 550,046,222.22 3,126,261,222.22
Total Debt Service 100,340,403.13 185,544,537.50 59,413,466.67 345,298,407.30
Maximum Annual Debt Service 9,154,612.50 20,852,075.00 19,522,000.00 40,374,075.00
Average Annual Debt Service 6,579,698.57 6,133,703.72 1,961,559.79 11,400,167.52
Underwriter's Fees (per $1000)
Average Takedown 10.000000 10.000000 15.000000 10.546659
Other Fee
Total Underwriter's Discount 10.000000 10.000000 15.000000 10.546659
Bid Price 99.000000 99.000000 98.500000 98.945334
Par Average Average PV of 1 bp
Bond Component Value Price Coupon Life Duration change
2040 69,195,000.00 100.000 5.000% 8.614 6.947 69,886.95
2046 17,085,000.00 100.000 5.250% 17.945 11.802 21,185.40
2056 Term Bond (Senior)61,660,000.00 100.000 5.500% 27.141 14.335 90,023.60
2053 Cash Flow Bond (Subordinate) 18,160,000.00 100.000 7.500% 30.289 12.341 21,610.40
166,100,000.00 18.822 202,706.35
All-In Arbitrage
TIC TIC Yield
Par Value 166,100,000.00 166,100,000.00 166,100,000.00
+ Accrued Interest
+ Premium (Discount)
- Underwriter's Discount (1,751,800.00) (1,751,800.00)
- Cost of Issuance Expense (500,000.00)
- Other Amounts
Target Value 164,348,200.00 163,848,200.00 166,100,000.00
Target Date 09/01/2026 09/01/2026 09/01/2026
Yield 5.741802%5.770460%5.642493%
EXHIBIT A TO RESOLUTION 2025-059
Page 311
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 5
BOND DEBT SERVICE BREAKDOWN
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
Period 2026A Senior 2026B
Ending Refunding 2026A New Money Subordinate Total
12/15/2026 874,715.63 1,062,287.50 393,466.67 2,330,469.80
12/15/2027 3,498,862.50 4,249,150.00 1,362,000.00 9,110,012.50
12/15/2028 3,498,862.50 4,249,150.00 1,362,000.00 9,110,012.50
12/15/2029 8,603,862.50 4,249,150.00 1,362,000.00 14,215,012.50
12/15/2030 7,903,612.50 4,249,150.00 1,362,000.00 13,514,762.50
12/15/2031 8,410,612.50 4,249,150.00 1,362,000.00 14,021,762.50
12/15/2032 8,650,612.50 4,249,150.00 1,362,000.00 14,261,762.50
12/15/2033 8,640,112.50 4,249,150.00 1,362,000.00 14,251,262.50
12/15/2034 8,815,362.50 4,249,150.00 1,362,000.00 14,426,512.50
12/15/2035 8,806,362.50 4,249,150.00 1,362,000.00 14,417,512.50
12/15/2036 8,981,112.50 4,249,150.00 1,362,000.00 14,592,262.50
12/15/2037 8,974,612.50 4,249,150.00 1,362,000.00 14,585,762.50
12/15/2038 9,154,612.50 4,249,150.00 1,362,000.00 14,765,762.50
12/15/2039 2,330,862.50 4,249,150.00 1,362,000.00 7,942,012.50
12/15/2040 2,412,112.50 4,249,150.00 1,362,000.00 8,023,262.50
12/15/2041 784,112.50 5,879,150.00 1,362,000.00 8,025,262.50
12/15/2042 6,748,575.00 1,362,000.00 8,110,575.00
12/15/2043 6,747,862.50 1,362,000.00 8,109,862.50
12/15/2044 6,835,062.50 1,362,000.00 8,197,062.50
12/15/2045 6,830,187.50 1,362,000.00 8,192,187.50
12/15/2046 6,922,437.50 1,362,000.00 8,284,437.50
12/15/2047 6,921,300.00 1,362,000.00 8,283,300.00
12/15/2048 7,012,150.00 1,362,000.00 8,374,150.00
12/15/2049 7,012,325.00 1,362,000.00 8,374,325.00
12/15/2050 7,100,950.00 1,362,000.00 8,462,950.00
12/15/2051 7,102,525.00 1,362,000.00 8,464,525.00
12/15/2052 7,195,900.00 1,362,000.00 8,557,900.00
12/15/2053 7,195,300.00 1,362,000.00 8,557,300.00
12/15/2054 7,289,850.00 1,362,000.00 8,651,850.00
12/15/2055 7,348,500.00 1,362,000.00 8,710,500.00
12/15/2056 20,852,075.00 19,522,000.00 40,374,075.00
100,340,403.13 185,544,537.50 59,413,466.67 345,298,407.30
EXHIBIT A TO RESOLUTION 2025-059
Page 312
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 6
RESERVE/CAPITALIZED INTEREST FUND
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
Scheduled
Date Deposit Interest Principal Draws Balance
12/15/2026 12,747,450 1,062,287.50 1,062,287.50 11,685,162.50
12/15/2027 4,249,150.00 4,249,150.00 7,436,012.50
12/15/2028 4,249,150.00 4,249,150.00 3,186,862.50
12/15/2029 3,186,862.50 3,186,862.50
12,747,450 0 12,747,450.00 12,747,450.00
Average Life (years):1.7500
Arbitrage Yield:5.6424933%
Value of Negative Arbitrage: 1,168,599.79
EXHIBIT A TO RESOLUTION 2025-059
Page 313
Item 15.
Nov 14, 2024 10:55 am Prepared by Wells Fargo Securities (TEW)(c:\...\desktop\Foothills MD 11.14.24 (SP):11_14SP-2026) Page 7
SUMMARY OF BONDS REFUNDED
Foothills Metropolitan District
(In the City of Fort Collins, Colorado)
2026 Financing
2026A Senior Bonds and 2026B Subordinate Cash Flow Bonds
**** Preliminary ****
Maturity Interest Par Call Call
Bond Date Rate Amount Date Price
2014, 2014, 2030, 2030:
12/01/2026 5.750% 2,365,000 09/01/2026 100.000
12/01/2027 5.750% 2,600,000 09/01/2026 100.000
12/01/2028 5.750% 2,895,000 09/01/2026 100.000
12/01/2029 5.750% 3,160,000 09/01/2026 100.000
12/01/2030 5.750% 3,490,000 09/01/2026 100.000
14,510,000
2014, 2014, 2038, 2038:
12/01/2031 6.000% 3,800,000 09/01/2026 100.000
12/01/2032 6.000% 4,180,000 09/01/2026 100.000
12/01/2033 6.000% 4,540,000 09/01/2026 100.000
12/01/2034 6.000% 4,970,000 09/01/2026 100.000
12/01/2035 6.000% 5,385,000 09/01/2026 100.000
12/01/2036 6.000% 5,870,000 09/01/2026 100.000
12/01/2037 6.000% 6,340,000 09/01/2026 100.000
12/01/2038 6.000% 12,180,000 09/01/2026 100.000
47,265,000
61,775,000
EXHIBIT A TO RESOLUTION 2025-059
Page 314
Item 15.
File Attachments for Item:
16. Resolution 2025-060 Approving the Development Agreement to Secure Public
Benefits for the Foothills Mall Redevelopment.
The purpose of this item is to seek approval of a Development Agreement to Secure Public
Benefits for Foothills Mall Redevelopment. This item is related to another item on the agenda,
Resolution 2025-059 Approving a First Amendment to the Amended and Restated Service Plan
for Foothills Metropolitan District.
Page 315
City Council Agenda Item Summary – City of Fort Collins Page 1 of 5
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Josh Birks, Deputy Director, Sustainability Services and Acting Executive Director, Fort Collins Urban
Renewal Authority
SUBJECT
Resolution 2025-060 Approving the Development Agreement to Secure Public Benefits for the
Foothills Mall Redevelopment.
EXECUTIVE SUMMARY
The purpose of this item is to seek approval of a Development Agreement to Secure Public Benefits for
Foothills Mall Redevelopment. This item is related to another item on the agenda, Resolution 2025-059
Approving a First Amendment to the Amended and Restated Service Plan for Foothills Metropolitan
District.
STAFF RECOMMENDATION
Staff recommends consideration by Council, after conducting a hearing on Resolution 2025-059, of action
on this related item, Resolution 2025-060.
BACKGROUND / DISCUSSION
Legal and Procedural Requirements
Part 2, Article 1 of Title 32 of the Colorado Revised Statutes (“C.R.S.”) authorizes the formation of a
metropolitan district within the City by approval of Council of the district’s proposed service plan, after a
hearing on the proposed service plan which sets forth the public improvements and services which the
district will provide, by adoption of a resolution and subsequent voter approval in favor of the organization
of the district, per Part 3, Article 1 of Title 32, C.R.S.
Amendments to service plans which constitute a “material modification” of the originally approved service
plan require additional approval and process that is similar to those upon formation of a district, including
a public hearing on the proposed service plan amendments. C.R.S. § 32-1-207.
The City’s Financial Management Policy 10 – Metro Districts (the “Policy”), as authorized by City Council
Resolutions 2021-045, 2019-016, 2018-079, and 2008-069, further establishes the criteria, guidelines, and
processes for the City in considering applications for service plans for proposed metropolitan districts and
amendments to those plans. The Policy was originally adopted in 2008 and revised in both 2018 and 2021.
The Policy sets expectations that metropolitan districts will provide broad public benefits, requires applicant
assurances and specific commitments, and provides for enforcement of these public benefits by inclusion
of related terms in district service plans, development agreements and other contracts. Policy Section 10.1
and Exhibit provide guidance to applicants on the evaluation of public benefits, including the delivery of
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housing that meets City priorities as articulated in various plans, including affordable housing (permanent,
80% AMI), workforce housing (permanent, 81%-120% AMI), infill/redevelopment projects, and projects that
serve the City’s economic health.
History of the Foothills Mall Redevelopment
Prior to redevelopment, the owner of Foothills Mall – Alberta Development Partners, in partnership with
Walton Street Capital (the “Original Developer”) - requested the formation of a Metropolitan Districts as
allowed by Title 32 of the Colorado Revised Statues. On May 7, 2013, Council approved, by Resolution
2013-44, an Amended and Restated Service Plan for Foothills Metropolitan District (the “District”) to
operationalize significant components of the Redevelopment and Reimbursement Agreement (the
“Agreement”) between the City of Fort Collins (the “City”), Fort Collins Urban Renewal Authority, Walton
Foothills Holdings VI, LLC and the District.
The Original Developers undertook a comprehensive redevelopment of the Foothills Fashion Mall (the
“Original Project”). The Original Project included mixed use redevelopment with a commercial/retail
component, a commercial parking structure and 402 multi-family dwelling units on 76.3 acres. Construction
of the Project was completed in 2016.
Previous Public Finance Package
The original redevelopment effort was supported by a bond issued by the District which facilitated $53
million of net bond proceeds to fund public infrastructure improvements, the Foothills Mall Activity Center,
and an underpass beneath College Avenue connecting the Original Project to the MAX Bus Rapid Transit.
The bond was supported by a public finance package that included five revenue sources: (a) Metro District
Capital Mills; (b) Metro District Specific Ownership Tax; (c) Property Tax Increment; (d) a Public
Improvement Fee; and (e) Sales Tax Increment.
All revenues were pledged to the District for the duration of the tax increment collection period (2014 to
2038) to support repayment of the bond. The pledge of the sales tax revenue was intended to support the
bond debt service only if needed and to fill a supplemental reserve account required by bond terms. Any
pledged sales tax increment revenue more than that commitment was to be remitted back to the City.
Currently, the City has not received any excess sales tax increment revenue.
Current Situation
Since its completion, the Original Project has been able to consistently lease out the retail shops along
College Avenue at approximately 90 percent occupancy. However, the interior portion of the property – the
enclosed retail shops – have struggled to achieve similarly high rates of occupancy with only 49 percent
occupancy today. Further, since 2016, there have been international and national trends that have
impacted consumer and other market behaviors within the bounds of the Current Project, including retail
consolidation, the 2020 COVID pandemic, rising construction costs, increasing housing costs. These
international and national trends are major considerations that factor into renewed investment in the site.
In the near term, activities within Original Project are not generating robust tax and increment reve nues.
Presently, the pledged revenues, all together, are just sufficient for repayment of annual debt service. The
Current Developer’s bond underwriter’s forecast indicates that pledged revenues may not be sufficient for
annual debt service payments sometime in calendar year 2028. To address a potential insufficiency of
revenues under the present financing structure, the Current Developer is proposing changes necessary to
refinance the debt. To accomplish this, the existing principal balance of the original bonds, approximately
$62 million, would be refunded. Then, to align revenues with the debt obligation, the Current Developer is
requesting the ability to issue new bonds based on revised and to pledge new revenue sources to support
a second approach at redevelopment.
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CURRENT PROPOSED PROJECT
The proposed project builds upon a previous redevelopment seeking to address inefficiencies of the current
site as well as additional redevelopment not possible under the previous attempt due to outstanding leases
and property ownership, namely the redevelopment of the Macy’s building. As a result, the proposed
project will include the following major components:
A 32 percent reduction in existing retail square footage with a significant reimagining of the current
enclosed mall portion of the property. The goal is to “right size” the amount of retail to position the site
for long-term success.
Approximately 300 new housing units across a range of types including townhomes, stacked
condominiums and affordable rental.
Around 11 acres of new public space and trails.
PROPOSED AMENDMENT
The First Amendment to the Amended and Restated Service Plan for the Foothills Metropolitan District
(the “First Amendment”) proposes several aspects of the current service plan. Please refer to the materials
on that related item for additional information on the proposed First Amendment, Resolution 2025-059.
METRO DISTRICT POLICY
As above, the City adopted its Policy for reviewing service plans for metropolitan districts. The 2021 Policy
revisions focused on emphasizing disclosure and transparency requirements and add an evaluation points
system for the public benefits provided by metropolitan districts (“Metro Districts”) serving primarily
residential development.
Residential Evaluation Point System
As above, the District was approved by Council in 2012 and later amended in 2013. The District primarily
exists as a financial conduit to create public financing to offset the cost of infrastructure required by the
redevelopment project. As such, its primary purpose is not to serve residential development; however, it
clearly funds significant infrastructure that will support residential development. The original project
included 402 multifamily units, and the current proposal will increase that number by approximately 300
units.
The original District was adopted before the 2021 policy revisions. Additionally, the proposed project builds
upon a previous redevelopment not starting from scratch. As such, staff does not recommend strictly
enforcing the residential evaluation point system. However, the project vision does deliver on several
aspects of the residential point evaluation system. Below is an overview of the public benefits delivered by
the proposed project:
Environmental Sustainability Outcomes
1. Green House Gas Reduction: shifting to a walkable urban-scaled village potentially reducing
reliance on the car and reducing overall greenhouse gas emissions; adaptive re-use of
existing structure over demolition; focus on recycling and re-use programs.
2. Water and/or Energy Conservation: committed to LEED certification of new construction.
3. Multimodal Transportation: Strengthen pedestrian and bike connections to College Ave
underpass to Max BRT; provide additional dedicated bike lanes and related bike
infrastructure; provide six new “bike gardens” throughout the site; 20-30% reduction in
overall surface parking.
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4. Enhance Community Resiliency: Repair and improve existing Low-Impact Development and
district-wide stormwater management systems; dramatically increase precent of permeable
area.
Smart Growth Management
1. Increase Density: Densify a designated TOD site with approximately 300 new attached
housing units (range of product types: townhomes, stacked condominiums, and affordable
rental); leverage existing parking structure to achieve higher densities.
2. Walkability & Pedestrian Friendliness: Remove sprawling surface parking lots that act as a
barrier between the commercial core and surrounding residential areas; provide new
protected pedestrian connections between commercial core and College Avenue Shops.
3. Public Space: Re-envision east plaza; provide a new flexible “band shell” adjacent to the
village green to enhance opportunities for activation; remove portions of the mall roof to
create more outdoor shopping experience.
Strategic Priorities
1. Affordable Housing: Commitment to set aside approximately 30,000 square foot lot adjacent
to the existing parking structure at no cost for a 50–60-unit affordable housing project; project
can leverage the district owned garage reducing the cost to construct higher density product.
2. Attainable Housing: No deed restricted for-sale homes are proposed; however, the project is
anticipated to provide a range of attached housing types at a range of price points.
3. Infill/Redevelopment: Focus on 15-minute city design; redevelopment of 62 acres in the heart
of midtown; consistent with Midtown Plan (2013); served by existing infrastructure; no threat
to open space, farmland, or other greenfield sites that contribute to sprawl.
AFFORDABLE HOUSING PLEDGE
The Current Developer has offered a donation or contribution pledge of a 30,000 square foot parcel of land
for the “the exclusive use of Affordable Housing.” Based on zoning and average densities, the Current
Developer believes such a parcel could support between fourteen (14) and twenty-eight (28) units. These
units would be deed restricted in perpetuity and meet the following definition of “Affordable Housing” –
affordable for households earning eighty percent (80%) of the area median income for a family of four for
the Fort Collins/Loveland Metropolitan Statistical Area published annually by the U.S. Department of
Housing and Urban Development (“AMI”). The units constructed on the parcel will remain affordable in
perpetuity through a restrictive covenant or deed restriction.
This pledge would be secured by a Development Agreement to Secure Public Benefits for the Foothills
Mall Redevelopment (“Public Benefits Agreement” or “PBA”) between the City and the Current Developer,
by adoption of this Resolution. The Public Benefits Agreement, if approved, would be effective at the same
time the First Amendment is effective, and obligate the Current Developer to taking actions to designate a
parcel upon the approval of its Final Development Plan (“FDP”) by the City. The Current Developer may,
pursuant to the PBA, fulfill its obligation in one of the two ways:
1. By executing a contract to donate or contribute the parcel to a non-profit or for-profit builder for the
purpose of developing Affordable Housing; or
2. By making a reservation of the property by the Current Developer for the benefit of and legally
enforceable by the City for the eventual donation or contribution to an entity for development of
affordable housing.
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City Council Agenda Item Summary – City of Fort Collins Page 5 of 5
The result of the pledge, if approved by this Resolution and taking effect upon the First Amendment, by
adoption of Resolution 2025-059, and as further specified by actions conditional for approval of the FDP,
would be a dedication by the Current Developer of an affordable housing pledge that would constitute of
four percent (4%) to nine percent (9%) of the total potential residential units of up to three hundred (300)
units, as per the Current Developer at the Council Finance Committee meeting on February 6, 2025.
CITY FINANCIAL IMPACTS
None; but please see information related to the connected item, Resolution 2025-059.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
Information related to the connected item, Resolution 2025-059, was presented to the Council Finance
Committee on February 6, 2025, with a recommendation to refer to Council for consideration with additional
information on district revenues, firm details on affordable housing commitment, and clarity on the Public
Improvement Fee amount.
PUBLIC OUTREACH
None; but please see information related to the connected item, Resolution 2025-059.
ATTACHMENTS
1. Presentation
2. Resolution 2025-060
Page 320
Item 16.
Headline Copy Goes Here
Deputy Director, Sustainability Services
Josh Birks
Public Benefit
Agreement for the
Foothills Metro
District
05.20.2025
Page 321
Item 16.
Headline Copy Goes HereTonight’s Action
1.Consideration of Resolution 2025 -XXX Approving the
execution of a Public Benefits Agreement.
Codifies Affordable Housing Pledge.
2
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Item 16.
Headline Copy Goes HereMetro District Policy
3
Staff does not recommend strictly enforcing the
2021 Metro District policy:
•District approved in 2013 prior to policy revisions
•It serves primarily as a financial conduit
•Primary purpose is not to serve/facilitate residential
development
•Delivers on the public benefit of infill/redevelopment
•Project still delivers on several aspects of the
residential point evaluation system, notably:
•Increased density: additional residential units (fewer than in 2023)
•Enhanced public space
•Affordable housing: set aside land for 14-28 affordable
housing units in the project
•Infill/Redevelopment: 15-minute city design, 62 acres in the
heart of midtown; consistent with Midtown Plan (2013)
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Item 16.
Headline Copy Goes HereProposed Public Benefits Agreement
4
•Obtain and FDP including approximately 300 attached
and multifamily dwelling units
•Designate approximately 30,000 square feet for
exclusive use of Affordable Housing (up to 80% AMI)
•Anticipate 14 to 28 units
•Units will remain affordable in perpetuity
•Developer will transfer or reserve the parcel for
affordable housing using one of two mechanism
(or any other mutually agreed upon)
•Execution of a contract for donation/contribution of
the parcel to a non-profit or for-profit for development
as Affordable Housing
•Reservation of the parcel for the benefit and legally
enforceable by the City for eventual donation/
contribution
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Item 16.
Headline Copy Goes Here
5
Affordable Housing Parcel –Anticipated Location
Affordable Parcel
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Item 16.
Headline Copy Goes Here
Thank you!
6
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Item 16.
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RESOLUTION 2025-060
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE DEVELOPMENT AGREEMENT TO SECURE
PUBLIC BENEFITS FOR THE FOOTHILLS MALL REDEVELOPMENT
A. On September 4, 2012, Council approved the formation of the Foothills
Metropolitan District (the “District”), by adoption of Resolution 2012-084. On May 7, 2013,
Council approved, by adoption of Resolution 2013-043, a Redevelopment and
Reimbursement Agreement (the “Redevelopment Agreement”) by and between the City,
the Fort Collins Urban Renewal Authority, the District, and the previous developer of the
Foothills Mall property within the boundaries of the District. On May 7, 2013, Council
approved the Amended and Restated Service Plan for the District by adoption of
Resolution 2013-044.
B. MXD Fort Collins, LLC, a Delaware limited liability company (the
“Developer”) is the owner of real property, which is a mixed-use development formerly
referred to as the Foothills Mall (the “Property”) and intends to submit to the City a final
development plan for the redevelopment of the Property. The Property is located within
the boundaries of the District.
C. On December 18, 2024, the Board of Directors of the District requested,
pursuant to Section XI of the Amended and Restated Plan, that the City consider a
proposed First Amendment to the Amended and Restated Service Plan (the “First
Amendment”) to restructure current debt and to provide additional financing authority.
D. On February 6, 2025, staff presented the proposed First Amendment to the
Council Finance Committee with a recommendation to refer the First Amendment to
Council for consideration, with additional information on District revenues, firm details on
the affordable housing commitment of the Developer, and clarity on the public
improvement fee amount.
E. Pursuant to the February 6, 2025, meeting of the Council Finance
Committee, and the public benefit requirements set forth in the City’s Financial
Management Policy 10 – Metro Districts (the “Metro District Policy”), the Developer has
offered a pledge of a 30,000 square foot parcel of land, supporting between fourteen and
twenty-eight housing units, to be restricted in perpetuity by deed as affordable housing
(defined as households earning eighty percent of the area medium income for a family of
four), and delivered either by executing a contract to donate or contribute the parcel to a
third party for the purpose of developing t he affordable housing units or by a reservation
of the property for the eventual donation for the same purpose. This pledge is set forth in
the Development Agreement to Secure Public Benefits for the Foothills Mall
Redevelopment (“Public Benefits Agreement”), attached hereto as Exhibit A to the
Resolution.
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Item 16.
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F. On May 20, 2025, after a public hearing at which Council reviewed the First
Amendment and considered the testimony and evidence presented at the public hearing,
Council approved the First Amendment, by adoption of Resolution 2025 -059.
G. The City Council finds and determines that adoption of this Resolution and
approval of Public Benefits Agreement is in the City’s best interest and advances the
public’s health, safety and welfare by facilitating the Developer’s delivery of the agreed
upon public benefits.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The City Council hereby approves the Public Benefits Agreement
attached to this Resolution as Exhibit A.
Section 2. The Mayor is authorized to execute the Public Benefits Agreement
on behalf of the City in substantially the same form attached to this resolution as Exhibit
A, subject to minor modifications as the Mayor, in consultation with the City Attorney, may
determine to be necessary and appropriate to protect the interests of the City or to
effectuate the purposes of this Resolution.
Section 3. A copy of this resolution with all attachments shall be recorded in the
Office of the Larimer County Clerk and Recorder promptly after the effective date of this
resolution with all recording fees paid by the Developer.
Passed and adopted on May 20, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: May 20, 2025
Approving Attorney: Dianne Criswell
Exhibit A: Development Agreement to Secure Public Benefits for the Foothills Mall
Redevelopment
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EXHIBIT A TO RESOLUTION 2025-060
1
DEVELOPMENT AGREEMENT TO
SECURE PUBLIC BENEFITS FOR
FOOTHILLS MALL REDEVELOPMENT
THIS DEVELOPMENT AGREEMENT TO SECURE PUBLIC BENEFITS FOR
FOOTHILLS MALL REDEVELOPMENT (the “Agreement”) is made and entered into this
_______ day of ______, 2025, by and between the CITY OF FORT COLLINS, COLORADO, a
home rule municipality of the State of Colorado (“City”) and MXD FORT COLLINS, LLC, a
Delaware limited liability company (“Developer”).” The City and the Developer shall be
collectively referred to herein as the “Parties.”
WITNESSETH:
WHEREAS, the Developer is the owner of the real property described on Exhibit A
attached hereto and incorporated herein by this reference (the “Property”), which is the retail
development formerly referred to as the Foothills Mall; and
WHEREAS, the Developer desires to finance the necessary public improvements to
redevelop the Property (the “Redevelopment”) and has caused to be submitted to the City all
documents required for the approval of an amendment to the Service Plan (“Service Plan
Amendment”) for the Foothills Metropolitan District (the “District”); and
WHEREAS, under the provisions of Article 1 of Title 32 of the Colorado Revised Statutes,
the Council, by Resolution No. 2013-044, approved the Amended and Restated Service Plan for
the District on May 7, 2013, and by Resolution 2025-059 approved the First Amendment to the
Amended and Restated Service Plan (the “Service Plan Amendment”) for the District on May 20,
2025;
WHEREAS, on May 20, 2025, the Council approved this Agreement by Resolution 2025-
060, to establish the manner by which public benefits are to be secured in conjunction with
approval of the Service Plan Amendment and the Redevelopment; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
of the Parties contained herein, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the Parties agree as follows:
I. PUBLIC BENEFITS
A. Affordable Housing.
1. The Developer intends to submit to the City all plans, reports and other
documents required for approval of a Final Development Plan (the “FDP”) for the Redevelopment,
and the FDP is projected to include approximately three hundred (300) attached and multi-family
dwelling units within the Property. A preliminary site plan of the Redevelopment is included as
Exhibit B attached hereto and incorporated herein by this reference.
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EXHIBIT A TO RESOLUTION 2025-060
2
2. At the time Developer submits the FDP to the City, it will designate an
approximately 30,000 square foot parcel (the “Affordable Housing Parcel”) for the exclusive use
of Affordable Housing (defined below) generally located in the area depicted on Exhibit C
attached hereto and incorporated herein by this reference. Developer estimates that approximately
fourteen (14) to twenty-eight (28) Affordable Housing units could be constructed on such
Affordable Housing Parcel. As used herein, “Affordable Housing” shall be defined as affordable
for households earning eighty percent (80%) of the area median income for a family of four for
the Fort Collins/Loveland Metropolitan Statistical Area published annually by the U.S.
Department of Housing and Urban Development (“AMI”), whether owner-occupied or leased.
3. The units on the Affordable Housing Parcel must remain as Affordable
Housing in perpetuity and this requirement must be secured by a restrictive covenant or deed
restriction (the “Affordability Restriction”) in a form reasonably acceptable to the City that is for
the City's benefit and enforceable by the City at law and in equity and recorded with the Larimer
County Clerk and Recorder.
4. Concurrent with approval of the FDP by the City, Developer will transfer
or reserve the Affordable Housing Parcel using one of the following mechanisms or any other
mechanism mutually agreed upon by the Developer and the City:
a. Execution of a contract for the donation or contribution of the
Affordable Housing Parcel by the Developer to a non-profit or for-profit builder
and the subsequent development of that land by such builder as the Affordable
Housing with a legally enforceable contract obligation to the City in a form
reasonably acceptable to the City to develop such land as Affordable Housing and
to impose the Affordability Restriction.
b. A reservation of the Affordable Housing Parcel within the Property
by the Developer for the benefit of and legally enforceable by the City at law and
in equity for the eventual donation or contribution to an entity for development of
the Affordable Housing.
5. Notwithstanding anything in this Agreement to the contrary, the Developer
and the City may agree to a different definition of AMI if it provides a better incentive for
achieving a particular Affordable Housing project.
B. City & Developer Acknowledgement. The City and Developer specifically
acknowledge and agree that the public benefits as described and secured in Section I.A. above
shall only be deemed to have occurred if and when the contingency in Section II.R. below is
satisfied.
II. MISCELLANEOUS
A. City Findings. The City hereby finds and determines that the approval of this
Agreement is in the best interests of the public health, safety and general welfare of the City.
B. City Approvals. Where this Agreement requires the City's future approval or
consent, such approval or consent may be given by the City Manager of the City within his or her
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EXHIBIT A TO RESOLUTION 2025-060
3
sole discretion. Where this Agreement requires Council approval or consent, such approval or
consent shall be within the Council's sole discretion.
C. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed to be an original and all of which taken together shall constitute one and
the same agreement.
D. Covenants/Binding Effect. This Agreement shall run with the Property, including
any subsequent platting of all, or a portion of the Property. This Agreement shall also be binding
upon and inure to the benefit of the Parties, their respective personal representatives, heirs,
successors, grantees and assigns. The Parties agree that all improvements required pursuant to this
Agreement touch and concern the Property regardless of whether such improvements are located
on the Property. Assignment of interest within the meaning of this section shall specifically
include, but not be limited to, a conveyance or assignment of any portion of the Developer's legal
or equitable interest in the Property, as well as any assignment of the Developer's rights to develop
the Property under the terms and conditions of this Agreement.
E. Default.
1. Notice; Cure. If any party defaults under this Agreement, a non- defaulting
party may deliver written notice to the defaulting party of such default in accordance with
Section II.L, and the defaulting party shall have thirty (30) days from and after receipt of
such notice to cure such default. If such default is not of a type which can be cured within
such thirty (30) day period and the defaulting party gives written notice to the non -
defaulting party within such thirty (30) day period that it is actively and diligently pursuing
such cure, the defaulting party shall have a reasonable period of time given the nature of
the default following the end of such thirty (30) day period to cure such default, provided
that such defaulting party is at all times within such additional time period actively and
diligently pursuing such cure and provided further that in no event shall such cure period
exceed a total of six (6) months. Notwithstanding the cure period set forth in this
Section II.E.1, Developer, its successors and assigns, shall have the right to include a claim
for breach of this Agreement in any action brought under C.R.C.P. Rule 106 if Developer,
its successors and assigns, believes that the failure to include such claim may jeopardize
its ability to exercise its remedies with respect to this Agreement at a later date. Any claim
for breach of this Agreement brought before the expiration of the applicable cure period
set forth in this Section II.F. shall not be prosecuted by any Party, its successors and assigns,
until the expiration of such cure period except as set forth in this Agreement, and shall be
dismissed by such Party, its successors and assigns, if the default is cured in accordance
with this Section II.E.
2. Remedies. If any default under this Agreement is not cured as described
above, any non-defaulting party shall have the right to enforce the defaulting party's
obligation hereunder by an action at law or in equity, including, without l imitation,
injunction and/or specific performance, and shall be entitled to an award of any damages
available at law or in equity.
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F. Governing Law. This Agreement shall be construed under and governed by the
laws of the State of Colorado.
G. Integration: Amendment. This Agreement represents the entire agreement between
the Parties with respect to the subject matter hereof and there are no oral or collateral agreements
or understandings. The Parties agree that this Agreement may be amended only by an instrument
in writing signed by the City and the Developer, and successors and permitted assigns of the
Developer to whom the Developer has granted in writing the right to consent to any such
amendments.
H. Jurisdiction and Venue. The Parties, on behalf of themselves and their successors
and assigns, stipulate and agree that in the event of any dispute arising out of this Agreement, the
courts of the State of Colorado shall have exclusive jurisdiction over such dispute and venue shall
only be proper in Larimer County, Colorado. The Parties hereby submit themselves to jurisdiction
of the State District Court, 8th Judicial District, County of Larimer, State of Colorado.
I. Multiple-Fiscal Year Obligations. To the extent that any of the obligations of the
City contained in this Agreement are or should be considered multiple-fiscal year obligations under
TABOR or the City's Charter or Code, such obligations shall be subject to annual appropriation
by the Council, in its sole discretion.
J. No Joint Venture or Partnership. No form of joint venture or partnership exists
between the Developer and the City, and nothing contained in this Agreement shall be construed
as making the Developer and the City joint venturers or partners.
K. No Third-Party Beneficiaries. Except as otherwise provided in this Agreement,
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the City, the Developer and its successors and assigns,
and nothing contained in this Agreement shall give or allow any such claim or right of action by
any third party. Except as otherwise provided in this Agreement, it is the express intention of the
City, the Developer and its successors and assigns that any other person receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
L. Notices. Any notice or communication required under this Agreement between the
City and Developer must be in writing and may be given either personally, by regis tered or
certified mail, return receipt requested, by Federal Express or other reliable courier service that
guarantees next day delivery or by facsimile transmission (followed by an identical hard copy via
registered or certified mail). If personally delivered, a notice shall be deemed to have been given
when delivered to the party to whom it is addressed. If given by any other method, a notice shall
be deemed to have been given and received on the first to occur of: (a) actual receipt by any of
the addressees designated below as the party to whom notices are to be sent; or (b) as applicable:
(i) three (3) days after a registered or certified letter, return receipt requested, containing such
notice, properly addressed, with postage prepaid, is deposited in the United States mail; (ii) the
following business day after being sent via Federal Express or other reliable courier service that
guarantees next day delivery; or (iii) the following business day after being sent by facsimile
transmission (provided that such facsimile transmission is promptly followed by an identical hard
copy sent via registered or certified mail, return receipt requested). Any party hereto may at any
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time, by giving written notice to the other party hereto as provided in this Secti on II.L, designate
additional persons to whom notices or communications shall be given and designate any other
address in substitution of the address to which such notice or communication shall be given. Such
notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Fort Collins
ATTN: City Manager
300 LaPorte Avenue
Fort Collins, CO 80521
Email: ________________
With a copy to: City of Fort Collins
ATTN: City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
Email: ________________
If to Developer: MXD Fort Collins, LLC
c/o McWhinney Real Estate Services, LLC
ATTN: Will Little
1800 Wazee Street, Suite 200
Denver, CO 80202
Email: will.little@mcwhinney.com
With copies to: McWhinney Real Estate Services, LLC
ATTN: Legal Department
1800 Wazee Street, Suite 200
Denver, CO 80202
Email: legalnotices@mcwhinney.com
Brownstein Hyatt Farber Schreck, LLP
ATTN: Carolynne White & Abby Kirkbride
675 15th Street, Suite 2900
Denver, CO 80202
Email: Cwhite@bhfs.com; Akirkbride@bhfs.com
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Item 16.
EXHIBIT A TO RESOLUTION 2025-060
6
M. Recording. The City shall record this Agreement with the Larimer County Clerk
and Recorder, and the Developer shall pay the cost of the same.
N. Section Captions. The captions of the sections are set forth only for the
convenience and reference of the Parties and are not intended in any way to define, limit or describe
the scope or intent of this Agreement.
O. Severability. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall continue in full force.
P. Survival. The covenants, representations and warranties and agreements to be
performed or complied with under this Agreement by the respective Parties shall be continuing
obligations of the respective Parties until fully complied with or performed, respectively.
Q. Waiver. No waiver of one or more of the terms of this Agreement shall constitute
a waiver of other terms. No waiver of any provision of this Agreement in any instance shall
constitute a waiver of such provision in other instances.
R. Effective Date and Termination. This Agreement shall become effective on the
date that City Council Resolution 2025-059, approving the Service Plan Amendment, takes effect.
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Item 16.
EXHIBIT A TO RESOLUTION 2025-060
7
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first
written above.
CITY: CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By:
Mayor
Date: , 2025
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _______ day of _______,
2025, by _______as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires:
Notary Public
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Item 16.
EXHIBIT A TO RESOLUTION 2025-060
8
DEVELOPER: MXD FORT COLLINS, LLC,
a Delaware limited liability company
By: MXD Fort Collins Partners, LLC,
a Delaware limited liability company,
its Manager
By: McWhinney Real Estate Services, Inc.,
a Colorado limited liability company,
its Manager
By:
STATE OF COLORADO )
)
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ______ day of _______, 2025, by
_______as _______of McWhinney Real Estate Services, Inc., a Colorado limited liability
company, as Manager of MXD Fort Collins Partners, LLC, a Delaware limited liability company,
as Manager of MXD Fort Collins, LLC, a Delaware limited liability company.
Witness my hand and official seal.
My commission expires: _________________
_________________________________
Notary Public
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Item 16.
EXHIBIT A TO RESOLUTION 2025-060
Exhibit A
Description of the Property
Page 337
Item 16.
EXHIBIT A TO RESOLUTION 2025-060
Exhibit B
Preliminary Redevelopment Site Plan – Foothills Mall
Page 338
Item 16.
EXHIBIT A TO RESOLUTION 2025-060
Exhibit C
Affordable Housing Parcel – Foothills Mall
Page 339
Item 16.
File Attachments for Item:
17. Items Relating to Motor Vehicle Noise.
A. First Reading of Ordinance No. 086, 2025, Adopting Section 1418, Unreasonable Vehicle
Noise Prohibited in the Fort Collins Traffic Code.
B. First Reading of Ordinance No. 087, 2025, Amending Section 17-129 of the Code of the
City of Fort Colins to Remove all Reference to Traffic Noise.
C. First Reading of Ordinance No. 088, 2025, Amending Section 225 of the Fort Collins Traffic
Code to Clarify the Different Types of Equipment Violations Related to Mufflers.
D. First Reading of Ordinance No. 089, 2025, Amending Section 1-15 of the Code of the City
of Fort Collins to Allow Some Specified Traffic Violations to be Designated as a Misdemeanor
Offense.
The purpose of these items is to present recommended changes to the City Code and Fort
Collins Traffic Code to address enforcement of unreasonable noise in the city related to Motor
Vehicles.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 3
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jeff Swoboda, Police Chief
Kristy Volesky, Assistant Chief
SUBJECT
Items Relating to Motor Vehicle Noise.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 086, 2025, Adopting Section 1418, Unreasonable Vehicle Noise
Prohibited in the Fort Collins Traffic Code.
B. First Reading of Ordinance No. 087, 2025, Amending Section 17-129 of the Code of the City of Fort
Colins to Remove all Reference to Traffic Noise.
C. First Reading of Ordinance No. 088, 2025, Amending Section 225 of the Fort Collins Traffic Code to
Clarify the Different Types of Equipment Violations Related to Mufflers.
D. First Reading of Ordinance No. 089, 2025, Amending Section 1-15 of the Code of the City of Fort
Collins to Allow Some Specified Traffic Violations to be Designated as a Misdemeanor Offense.
The purpose of these items is to present recommended changes to the City Code and Fort Collins Traffic
Code to address enforcement of unreasonable noise in the city related to Motor Vehicles.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
A work session was conducted on April 22, 2025, addressing a phased approach to addressing updates
to the City Code related to traffic, fireworks and other sound-related issues in the city. Phase 1 focused on
low effort to implement but high impact as it relates to educatio n and enforcement and Phase 2 will focus
on amplified noise, requiring further research and community outreach.
Phase 1: Police Services – Traffic Noise
Fort Collins Police Services (FCPS) staff continue to receive numerous reports from community members
regarding noise occurrences throughout the City. These reports span a variety of sources, with examples
including party complaints, general noise complaints, vehicle related noise complaints, and fireworks. In
response, police staff have reviewed reported incidents and citations related to noise violations from 2023
to 2024. The goal was to assess how effectively current ordinances are being used in enforcement and
what code updates would better assist police in enforcement of these violations. Through this analysis, two
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City Council Agenda Item Summary – City of Fort Collins Page 2 of 3
primary areas related to traffic were identified and presented to the Council at the April 22 work session,
adding a new unreasonable traffic noise ordinance and amending the current muffler ordinance in the Fort
Collins Traffic Code.
Unreasonable Traffic Noise (Section 1418 Fort Collins Traffic Code)
The first recommendation is to establish a new ordinance within the City’s Traffic Code specifically
addressing prohibited actions related to the operation of motor vehicles. While the existing Unreasonable
Noise Prohibited section touches on some aspects of vehicle noise, it primarily focuses on residential noise
occurrences. A dedicated ordinance would provide clearer, more targeted language, enabling more
effective enforcement. This recommendation is driven by a noticeable increase in complaints about vehicle-
related noise, including loud stereos, ineffective mufflers, engine revving, and similar concerns.
In the proposed new ordinance, unreasonable traffic noise would mean any sound of such level or duration
as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the
enjoyment of life or property. Several factors such as time of day, location, and the type of noise generated
will be taken into consideration when an officer makes a prima facie determination as to whether a noise
is unreasonable. This change would also allow officers to write tickets more efficiently using the same
process as other traffic violations.
Unreasonable Noise (Section 17-129 City Code)
The second recommendation is to update Section 17-129- Unreasonable Noise Prohibited in the City Code
to remove any reference of traffic noise. This update will provide clarity regarding which ordinance applies
to traffic related noise violations vs all other general noise violations such as parties. The traffic noise
provisions in the current code will be relocated into the new Unreasonable Traffic Noise Prohibited
ordinance.
Mufflers (Section 225 Fort Collins Traffic Code)
The third recommendation involves clarifying and restructuring the current muffler ordinance listed in
Section 225 of the Fort Collins Traffic Code. Updating the muffler language will enhance clarity and allow
police staff to apply the ordinance more effectively during enforcement efforts. Specifically, the ordinance
is broken out into sections adding clarity for officers to enforce equipment violations related to noise.
General Penalties Traffic Offenses (Section 1-15 City Code)
The final recommendation is to update City Code Section 1-15- General penalty and surcharges for
misdemeanors offenses, petty offenses, traffic offenses, and traffic and civil infractions. The current code
states that for all traffic offenses that do not have a state equivalent shall be deemed a traffic infraction.
The new proposed unreasonable traffic noise ordinance does not have a state equivalent charge and
therefore would be penalized as an infraction with a fine set by the Court’s fine schedule that can be paid
online and does not require an appearance in court. The proposed update would allow specified code
provisions, such as unreasonable traffic noise, to be classified as a misdemeanor offense instead of a
traffic infraction. This change will require the driver to appear in court where the prosecution can meet with
the driver to encourage changed behaviors and future compliance with the law.
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
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City Council Agenda Item Summary – City of Fort Collins Page 3 of 3
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Work Session Summary: Sounds of the City
2. Presentation
3. Ordinance No. 086, 2025
4. Ordinance No. 087, 2025
5. Ordinance No. 088, 2025
6. Ordinance No. 089, 2025
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Item 17.
City Manager’s Office
300 Laporte Avenue
PO Box 580, Fort Collins, CO 80522
CC: David Lindsay, Kevin Cronin, Lori Schwarz, John Hernandez, Eileen May
WORK SESSION MEMORANDUM
Date: May 1, 2025
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
From: Rupa Venkatesh, Assistant City Manager
Kristy Volesky, Assistant Chief of Fort Collins Police Services
Subject: April 22, 2025 Work Session Summary: Sounds of the City
BOTTOM LINE
The purpose of this memo is to document the summary of discussions during the April 22, 2025
Work Session, “Sounds of the City.” All Councilmembers were present.
DISCUSSION SUMMARY
• Discussed types of sound that current regulations are effective in enforcing when they
become noise issues to include chronic animal sounds, construction activities, house
parties, lawn care activities, etc.
• Discussed regulations that staff are recommending amendments to in order to enforce
certain types of sounds more effectively including agricultural operations, fireworks and
traffic/vehicle sounds. These recommendations can be brought forward more
immediately in Phase 1.
• Discussed types of sounds, including ambient and amplified, that would require more
staff research and neighborhood engagement before bringing forward information and
recommendations for Council consideration. This is Phase 2.
• Recommended bringing forward Phase 1 amendments to the May 20th not May 6th
Council meeting in order to give more time to realize implications of HB 1147 should it
pass.
• For Phase 1, feedback was provided to explore educational opportunities with driver’s
education programs and ASCSU; and local shops that do modifications.
• For Phase 1, feedback to explore potential vehicle quiet zones to be established
downtown.
• For Phase 2, feedback provided to look at the application for block parties, particularly
any questions that require people to know decibel levels
• For Phase 2, feedback to research other comparable cities that are similar in size and
culture
NEXT STEPS
• Staff will bring forward amendments to Municipal Code related to agricultural
exemptions, unreasonable traffic noise, mufflers, and fireworks for Council consideration
on first reading on May 20th.
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Item 17.
• Staff will conduct general outreach and noise level readings this summer through fall
with the intention of providing findings and recommendations to Council during an
October 2025 Work Session. Depending on feedback, first reading of proposed Code
changes could be considered in November 2025.
FOLLOW-UP ITEMS
In the Agenda Item Summary, it was stated that automated noise level tracking through red-light
camera technology is currently prohibited under Colorado state law. This was not accurate as
current state law does not prohibit use of this technology; however, state law has not authorized
the use of automated devices for traffic violations that carry DMV consequences outside of
speeding and redlight violations as outlined in the current AVIS statute and Municipal Code.
The City could draft a Municipal Ordinance to allow the use of noise cameras to detect decibel
sound violations since those do not carry state DMV consequences. However, as outlined below
staff believe adding a sound detection system is something that should be considered in the
future based on some challenges for implementation now.
There have been a couple pilot projects done in Colorado and one in New York using
automated noise detection traffic enforcement devices. In Colorado, the City of Longmont
conducted two 30-day tests of a noise meter and camera system installed adjacent to a
roadway. During those time periods, when the noise meter detected a noise above 85 decibels,
the camera took a photo of the vehicle and license plate.
Throughout the testing periods, the city discovered several issues, including:
1. The readability of license plates was not very good. The device could only read about
50% of the vehicles passing through the area and the issue became more problematic at
night. Only about 2% of license plates on motorcycles were able to be read.
2. The system showed an inability to distinguish which vehicle was the violator when more
than one vehicle was in proximity.
Reportedly, those issues have been resolved, and Longmont is planning on running another test
trial.
There are several additional considerations regarding using this type of technology to impact
sound:
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Item 17.
- The ability of the system to obtain necessary information from the noise meter and camera at
this time and whether improvements in technology over time will occur.
- A review of the current allowable decibel levels in Fort Collins and whether adjustments need
to be made.
- An understanding of where this technology best fits – police services vs. code compliance.
- An understanding of technology limitations of these systems such as location, speed limits,
multi-lane roadways, other ambient noise, etc.
- Cost associated with implementation of a new camera system and vendor.
Based on the current challenges faced by other cities who utilize or have conducted studies of
the sound detection systems, staff recommend gathering additional information and research as
more reliable technology becomes available in the future.
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Item 17.
Headline Copy Goes Here
Police Services
Chief Jeff Swoboda
Assistant Chief Kristy Volesky
Traffic Code Update
First Reading
May 20, 2025
Page 347
Item 17.
Headline Copy Goes Here
2
Traffic Noise
•FCPS and City of Fort Collins staff receive numerous reports from community
members regarding unreasonable traffic noise.
•Staff have reviewed current code and propose an ordinance be added as it relates
to unreasonable traffic noise and clarification in other traffic ordinances.
•In addition to having the ability to enforce code changes, FCPS will work to
educate community members regarding traffic noise as it relates to the behavior
and operations of motor vehicles.
•Social Media
•PSD
•Driving School
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Item 17.
Headline Copy Goes Here
3
Suggested Code Updates
•The following 4 noise related code updates are being requested:
1.Adopt newly created Section 1418, Unreasonable Vehicle Noise Prohibited in the Traffic Code
to address specific noise violations related to the operation of a vehicle.
2.Amend Section 17-129 of the Municipal Code to remove all reference of traffic noise and
relocate those provisions to the newly created Unreasonable Vehicle Noise Prohibited in
Section 1418 above.
3.Amend Section 225, Mufflers in the Traffic Code to Clarify the different types of equipment
violations related to mufflers.
4.Amend Section 1-15 of the Municipal Code to allow some specified traffic violations that do not
have a state equivalent charge to be designated as a misdemeanor offense, such as the newly
created Section 1418 regarding Unreasonable Vehicle Noise Prohibited.
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Item 17.
Headline Copy Goes HereUnreasonable Traffic Noise
4
•Add municipal ordinance specific to
unreasonable TRAFFIC noise with criteria,
including:
•Officer looks at all factors to determine
reasonableness
•Location
•Duration
•Type of noise
•Time of day
•Etc.
•Decibel reading not necessary
•Increases efficiency for officer –eliminates need
for criminal report
•Addresses Behavior
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Item 17.
Headline Copy Goes Here
5
Mufflers
•New ordinance provides clarity in the code
•Sections re-organized to add clarity and to distinguish potential issues with mufflers so an officer
can base enforcement decision on independent, usable subsections.
•Fine schedule to be determined by the court in summer, 2025.Clarity in ordinance
•Recommendation to increase amount fined.
•Based on equipment, not operation/behavior.
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Item 17.
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ORDINANCE NO. 086, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING SECTION 1418, UNREASONABLE VEHICLE NOISE PROHIBITED IN
THE FORT COLLINS TRAFFIC CODE
A. Fort Collins Police Services (FCPS) staff continue to receive numerous
reports from community members regarding noise occurrences throughout the city. These
reports span a variety of sources including vehicle-related noise complaints.
B. In response, FCPS has reviewed reported incidents and citations related to
noise violations from 2023 to 2024. The goal was to assess how effectively current
ordinances are being used in enforcement and what code updates would better assist
police in enforcement of these violations.
C. Based on this analysis, FCPS developed these proposed amendments to
the Fort Collins Traffic Code to specifically address prohibited noise-related actions due
to the operation of a motor vehicle. This proposed new provision, Unreasonable Vehicle
Noise Prohibited, was presented to the Council as an option to consider at the April 22,
2025, work session.
D. While existing City Code Section 17-129, entitled Unreasonable Noise
Prohibited, touches on some aspects of vehicle noise, it primarily focuses on residential
noise occurrences. A dedicated Traffic Code provision is proposed to provide clearer,
more targeted language, enabling more effective enforcement.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Fort Collins Traffic Code is hereby amended by the addition of
a new Section 1418 which reads in its entirety as follows:
1418. Unreasonable vehicle noise prohibited.
(1) No person shall make, continue or cause to be made or continued any
unreasonable noise in, from, or upon any vehicle; and no person shall
knowingly permit such unreasonable noise in, from, or upon any vehicle
owned or possessed by such person; and no person shall operate a vehicle,
regardless of ownership, in a manner or with equipment that makes or
causes unreasonable noise.
(2) For purposes of this Section, unreasonable noise means any sound of such
level or duration as to be or tend to be injurious to human health or welfare,
or which would unreasonably interfere with the enjoyment of life or property.
A peace officer enforcing this provision is empowered to make a prima facie
determination as to whether a noise is unreasonable based upon
consideration of any of the following factors:
(a) The time of day;
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Item 17.
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(b) Location where the vehicle is being operated;
(c) The presence of pedestrians, bystanders, or other vehicles ;
(d) The continuous or repeated sounding of any horn or signal device of
a motor vehicle for an unnecessary or unreasonable amount of time,
except as a danger signal;
(e) Operation of a motor vehicle in a manner that causes excessive or
unreasonable noise, including, but not limited to one or more of the
following: unnecessary or rapid acceleration, deceleration, steering
or turning of the vehicle, revving the engine, or tire squeal;
(f) Operation of a vehicle with equipment installed, not installed
properly, removed, or otherwise altered so as to produce
unreasonable or excessive noise. Such equipment includes, but is
not limited to one or more of the following: an unlawful, defective or
modified exhaust system, no exhaust system or muffler; or any other
modification to any part of the vehicle;
(g) The presence or absence of noise amplification equipment; or any
use of a stereo or audio system at an unreasonable volume level;
(h) Any other factors tending to show the magnitude and/or disruptive
effect or impact of the noise.
(3) Any person who violates this Section commits a misdemeanor offense.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dawn Downs
Exhibits: None
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Item 17.
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ORDINANCE NO. 087, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-129 OF THE CODE OF THE CITY OF
FORT COLLINS TO REMOVE ALL REFERENCE TO TRAFFIC
NOISE
A. Fort Collins Police Services (FCPS) staff continue to receive numerous
reports from community members regarding noise occurrences throughout the city. These
reports span a variety of sources including vehicle-related noise complaints.
B. In response, FCPS has reviewed reported incidents and citations related to
noise violations from 2023 to 2024. The goal was to assess how effectively current
ordinances are being used in enforcement and what code updates would better assist
police in enforcement of these violations.
C. Based on this analysis, FCPS developed proposed amendments to the
Traffic Code and the City Code, including the addition of a new Section to the Fort Collins
Traffic Code, Section 1418- Unreasonable Vehicle Noise Prohibited, to address vehicle
noise violations specifically, which is also under consideration on this date, as Ordinance
No. 086, 2025.
D. With the addition of a new Section 1418 to the Traffic Code to address
unreasonable vehicle noise, it is necessary to amend City Code Section 17-129, entitled
Unreasonable Noise Prohibited, to remove the references to vehicle noise.
E. Establishing a specific Traffic Code provision will prevent confusion as to
the distinction between traffic-related noise violations and other general noise violations
such as parties.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 17-129 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-129. - Unreasonable noise prohibited.
(a) No person shall make, continue or cause to be made or continued
any unreasonable noise; and no person shall knowingly permit such noise upon any
premises or in or upon any vehicle owned or possessed by such person or under such
person's control or operation.
. . .
(d) With regard to the operation of motor vehicles, and without limiting the generality
of Subsection (a) above, unreasonable noise shall include, but not be limited to:
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(1) The continuous or repeated sounding of any horn or signal device of a motor
vehicle, except as a danger signal. For the purposes of this
Subsection, continuous shall mean continuing for an unnecessary
or unreasonable period of time.
(2) The operation of any motor vehicle in a manner which causes
excessive noise as a result of an unlawful, defective or modified exhaust system,
or as a result of unnecessary rapid acceleration, deceleration, revving the engine
or tire squeal.
(ed) Any person who violates this § 17-129 commits a petty offense punishable by a
fine in accordance with §1-15(h) unless such violation is a second or subsequent violation
within a twelve (12) month period. Any person who commits a second or subsequent
violation of this § 17-129 within a twelve (12) month period shall be guilty of a
misdemeanor punishable by a fine or jail in accordance with § 1-15(a).
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dawn Downs
Exhibits: None
Page 355
Item 17.
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ORDINANCE NO. 088, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 225 OF THE FORT COLLINS TRAFFIC CODE TO CLARIFY
THE DIFFERENT TYPES OF EQUIPMENT VIOLATIONS RELATED TO MUFFLERS
A. Fort Collins Police Services (FCPS) staff continue to receive numerous
reports from community members regarding noise occurrences throughout the City.
These reports span a variety of sources including vehicle-related noise complaints.
B. In response, FCPS has reviewed reported incidents and citations related to
noise violations from 2023 to 2024. The goal was to assess how effectively current
ordinances are being used in enforcement and what code updates would better assist
police in enforcement of these violations.
C. Based on this analysis, an amendment to the current muffler ordinance was
identified and presented to the Council as an option to consider at the April 22, 2025,
work session.
D. Amending the muffler ordinance language in Section 225 of the Fort Collins
Traffic Code will enhance clarity and allow police staff to apply the ordinance more
effectively during enforcement efforts. Specifically, the ordinance is broken out into
sections adding clarity for officers to enforce equipment violations related to noise.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 225 of the Fort Collins Traffic Code is hereby amended to
read as follows:
225. - Mufflers - prevention of noise.
(1) EveryNo person shall operate a motor vehicle subject to registration and
operated on a highwayroadway shall at all times be equipped withwithout
an adequate muffler in constant operation andthat is properly maintained to
prevent any excessive or unusual noise.
(2) No person shall operate a motor vehicle with a muffler or exhaust system
that is equipped with a straight pipe exhaust system, a cut -off, bypass or
similar device.
(3) No person shall modify the exhaust system of a motor vehicle in a manner
which will amplify or increase the noise emitted by the motor of such vehicle
above that emitted by the muffler originally installed on the vehicle, and such
original muffler shall comply with all of the requirements of this Section.
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(24) Any commercial vehicle, as defined in Section 42 -4-235, C.R.S., subject to
registration and operated on a highwayroadway, that is equipped with an
engine compression brake device is required to have a muffler.
(35) For the purposes of this Section, muffler shall mean a device consisting of
a series of chamber or baffle plates or other mechanical design for the
purpose of receiving exhaust gas from an internal combustion engine and
effective in reducing noise. Straight pipe exhaust system shall mean any
straight muffler that does not contain baffles, including but not limited to
glass packs, steel packs and straight pipes.
(46) This Section shall not apply to electric motor vehicles.
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dawn Downs
Exhibits: None
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Item 17.
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ORDINANCE NO. 089, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 1-15 OF THE CODE OF THE CITY OF
FORT COLLINS TO ALLOW SOME SPECIFIED TRAFFIC
VIOLATIONS TO BE DESIGNATED AS A MISDEMEANOR
OFFENSE
A. Current City Code Section 1-15, regarding general penalty and surcharges
for misdemeanors offenses, petty offenses, traffic offenses, and traffic and civil
infractions, states that all traffic offenses that do not have a state equivalent charge shall
be deemed a traffic infraction.
B. New Section 1418, Unreasonable Vehicle Noise Prohibited under
consideration in Ordinance No. 086, 2025, does not have a state equivalent charge and
therefore would be penalized as an infraction with a possible penalty of a fine of up to
$3,000.
C. The specific fine for each traffic infraction is typically set at a specific amount
as adopted in the Court’s fine schedule. All fines for traffic infractions can be paid online
and do not require a court appearance.
D. The proposed amendment to Section 1-15 of the City Code would allow
specified traffic offenses, such as violation of Unreasonable Vehicle Noise Prohibited, to
be classified as a misdemeanor offense instead of a traffic infraction. The penalty range
for a misdemeanor is a fine up to $3,000 and/or up to 180 days in jail.
E. By amending this section of the code, any traffic code provisions that are
designated as a misdemeanor offense will require the driver to appear in court. Their
appearance will allow the prosecution and court an opportunity to meet with the offenders
and encourage changed behaviors for these types of violations.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 1-15(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 1-15. General penalty and surcharges for misdemeanors offenses, petty
offenses, traffic offenses, and traffic and civil infractions
. . .
(b) A violation of any provision of Chapter 28, Vehicles and Traffic, in this Code or the
Fort Collins Traffic Code, shall be deemed to be a traffic infraction if, at the time of the
commission of the violation, its counterpart violation under the provisions of Article 4 in
Title 42 of the Colorado Revised Statutes, if any, is designated by state law as being a
traffic infraction. If no counterpart violation exists under state law, the violation shall be
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deemed to be a traffic infraction unless otherwise designated. All other violations
under Chapter 28 of this Code or the Fort Collins Traffic Code shall be considered
misdemeanors punishable as described in Subsection (a) above. Any person against
whom judgment is entered for a traffic infraction under this Code shall be subject to the
penalty of a fine and any surcharge, the total of which is not to exceed three thousand
dollars ($3,000), and shall not be subject to imprisonment on account of such judgment.
. . .
Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dawn Downs
Exhibits: None
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Item 17.
File Attachments for Item:
18. First Reading of Ordinance No. 090, 2025 Amending Section 9-23 of the Code of the
City of Fort Collins Regarding the Use of Fireworks.
The purpose of this item is to present recommended changes to the Fort Collins City Code
Section 9-23 to address enforcement for violations related to fireworks.
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City Council Agenda Item Summary – City of Fort Collins Page 1 of 2
May 20, 2025
AGENDA ITEM SUMMARY
City Council
STAFF
Jeff Swoboda, Police Chief
Kristy Volesky, Assistant Chief
SUBJECT
First Reading of Ordinance No. 090, 2025 Amending Section 9-23 of the Code of the City of Fort
Collins Regarding the Use of Fireworks.
EXECUTIVE SUMMARY
The purpose of this item is to present recommended changes to the Fort Collins City Code Section 9-23
to address enforcement for violations related to fireworks.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A Council work session was conducted on April 22, 2025, outlining a phased approach to addressing
updates to the municipal code related to traffic, fireworks and other sound-related issues in the City. Phase
1 focused on low effort to implement but high impact as it relates to education and enforcement and Phase
2 will focus on amplified noise, requiring further research and community outreach.
Phase 1: Police Services – Fireworks
Fort Collins Police Services (FCPS) staff continue to receive numerous reports from community members
regarding noise occurrences throughout the City. These reports span a variety of sources, including
fireworks. In response, police staff have reviewed areas for consideration and potential updates were
identified and presented to Council at the April 22 work session.
The update related to fireworks code includes amending City Code Section 9-23 to enable police staff to
address and hold the person(s) that have a possessory interest in a location accountable for illegal
fireworks being used. The current ordinance presents limitations in enforcement, often requiring police to
identify the specific person who ignited the fireworks. This approach can present challenges identifying the
specific person responsible when police respond to calls for service after the fireworks have already been
used. The updated Code language would help improve accountability and support more effective
regulation of fireworks within City limits. Specifically, the ordinance will allow an owner, occupant, tenant
or person otherwise having any possessory control of any private place where fireworks are being used to
be held accountable if they are present when fireworks are being used at that location. Exceptions still
exist, including permitted events which meet the requirements of the International Fire Code and City Code.
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Item 18.
City Council Agenda Item Summary – City of Fort Collins Page 2 of 2
CITY FINANCIAL IMPACTS
None.
BOARD / COMMISSION / COMMITTEE RECOMMENDATION
None.
PUBLIC OUTREACH
None.
ATTACHMENTS
1. Presentation
2. Ordinance No. 090, 2025
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Item 18.
Headline Copy Goes Here
Police Services
Chief Jeff Swoboda
Assistant Chief Kristy
Volesky
Fireworks Code
update
First Reading
May 20, 2025
Page 363
Item 18.
Headline Copy Goes Here
2
Fireworks Noise
•FCPS and City of Fort Collins staff receive numerous reports from community
members regarding noise and negative effects from the use of fireworks.
•Staff have reviewed current code and propose an ordinance be added as it relates
to fireworks.
•Municipal code 9-23 addresses fireworks.
•In addition to having the ability to enforce an added code, FCPS will work to
educate community members regarding the negative impact fireworks use may
have on others.
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Item 18.
Headline Copy Goes HereMunicipal Code Section 9-23: Prohibited Open Fires and Open Burning
3
•Ordinance will allow an owner, occupant,
tenant or person otherwise having any
possessory control who is present when
fireworks are being used to be held
accountable.
•Exceptions still exist, including for
permitted events which meet International
Fire and Municipal Code requirements.
•Currently officers must observe
fireworks being used in order to cite.
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Item 18.
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ORDINANCE NO. 090, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 9-23 OF THE CODE OF THE CITY FORT
COLLINS REGARDING THE USE OF FIREWORKS
A. Fort Collins Police Services (FCPS) staff continue to receive numerous
reports from community members regarding noise occurrences throughout the City.
These reports span a variety of sources, including fireworks.
B. In response, police staff have reviewed a reas for consideration and
potential updates were identified and presented to City Council at the April 22, 2025, work
session.
C. Amending the current fireworks ordinance in Section 9-23 of the Fort Collins
Municipal Code enable police staff to address and hold the person(s) that have a
possessory interest in a location accountable for illegal fireworks being used.
D. The current ordinance presents limitations in enforcement, often requiring
police to identify the specific person who ignited the fireworks. Th is approach can present
challenges identifying the specific person responsible when police respond to calls for
service after the fireworks have already been used.
E. The proposed amended Code language would help improve accountability
and support more effective regulation of fireworks within City limits.
In light of the foregoing recitals, which the Council hereby makes and adopts as
determinations and findings, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that Section 9-23 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 9-23. - Prohibited open fires and open burning.
The following types of open fires and open burning are prohibited in the City at all times:
. . .
(2) Use of fireworks, except as allowed under Section 9-2.65.Any person using
fireworks, or the owner, occupant, tenant or person otherwise having any
possessory control, individually or jointly with others, who is present where
fireworks are being used, except as allowed in the International F ire Code as
adopted by City Council in this Chapter or by a special events permit issued by the
City.
. . .
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Item 18.
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Introduced, considered favorably on first reading on May 20, 2025, and approved
on second reading for final passage on June 3, 2025.
______________________________
Mayor
ATTEST:
______________________________
City Clerk
Effective Date: June 13, 2025
Approving Attorney: Dawn Downs
Exhibits: None
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Item 18.