HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/05/2017 - SECOND READING OF ORDINANCE NO. 165, 2017 CREATINGAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY December 5, 2017
City Council
STAFF
Patrick Rowe, Redevelopment Program Coordinator
John Duval, Legal
SUBJECT
Second Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business Improvement
District.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 21, 2017, creates and establishes the
Midtown Business Improvement District, appoints the initial members of the Board of Directors of the District,
approves the District's Initial Operating Plan and Budget; and designates the area as a location for new
business or commercial development.
The Initial Operating Plan has been revised between First and Second Reading of the Ordinance to address
issues that were raised by Council at First Reading. The revised Initial Operating Plan is attached as Exhibit
“E” to the Ordinance and the revisions are on page 6 of the Plan. The issues addressed in these revisions are
to clarify that: (1) the District will be operated in compliance with all applicable Colorado laws, including the Fair
Campaign Practices Act; (2) authorized District improvements will be available and open to the public in a non-
discriminatory manner; and (3) the District cannot provide security services now or in the future unless
authorized to so by the City Council.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 21, 2017 (w/o attachments) (PDF)
Agenda Item 25
Item # 25 Page 1
AGENDA ITEM SUMMARY November 21, 2017
City Council
STAFF
Patrick Rowe, Redevelopment Program Coordinator
John Duval, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business
Improvement District, Appointing the Initial Members of the Board of Directors of the District, Approving the
District's Initial Operating Plan and Budget; and Designating the Area as a Location for New Business or
Commercial Development.
EXECUTIVE SUMMARY
The purpose of this item is to conduct a public hearing on a petition for the creation of a business improvement
district within the Midtown area of Fort Collins. The purpose of the proposed Midtown Business Improvement
District (the “Midtown BID,” or “BID”) is to “leverage public sector investments and provide private sector
stakeholders in the area with a stronger platform through which to advocate for-and directly fund-needed
improvements as Midtown comes into a new era.”
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
A business owners group within Midtown Fort Collins desires to form the Midtown BID. Under Colorado’s
Business Improvement District Act (the “Act”), the Midtown BID can be created by the City Council by ordinance,
after conducting a noticed public hearing, if the organizers of the BID have presented to the City a petition
meeting certain form and content requirements required in the Act. The Act also requires that the petition must
be signed by property owners in the proposed boundaries of the BID who own properties that constitute not less
than 50% of the total assessed value of properties in the BID’s proposed boundaries and not less than 50% of
all the acreage in the BID.
The business owners group has circulated and submitted to the City Clerk a petition signed by 35 property
owners owning commercial property within the boundaries of the proposed Midtown BID. This petition is
attached. (Attachment 4)
The Petition meets the form and content requirements of the Act by: (1) stating the proposed name for the
Midtown BID; (2) providing a general description of the boundaries and service area of the BID; (3) providing a
general description of the types of services or improvements or both to be provided by the BID; (4) stating the
names of three persons who represent the petitioners and who have the power to enter into agreements
concerning the BID’s organization; and (5) stating a request for the organization of the Midtown BID.
The Petition also appears to be signed by persons and entities who own property within the proposed boundaries
representing 63% of the total assessed value within the Midtown BID’s proposed boundaries and 55% of the
total acreage within the boundaries. These percentages satisfy the Act’s two 50%-requirements for the creation
ATTACHMENT 1
Agenda Item 25
Item # 25 Page 2
of the Midtown BID and are evidenced in the attached “Midtown BID Assessed Values and Acreage
Spreadsheet”. (Attachment 5)
However, it should be noted that the signatures on the Petition are dated in June or July of 2016 except for one
Petition section which has a signature dated in June of 2015. Because these signatures are more than a year
old and due to the fact that the currently proposed Midtown BID boundaries were reduced in size from what was
proposed in the Petition as originally drafted, the proponents have also circulated an “Affirmation Concerning
the Boundaries and Service Area of the Proposed Midtown Business Improvement District in the City of Fort
Collins, Colorado” (“Affirmation”). Each of the attached Petition sections is accompanied by an Affirmation that
has been signed by a representative of the petitioning property owner to confirm that the property owner
continues to support the creation of the Midtown BID and does not object to the reduction of the BID’s
boundaries.
Under the Act, it is up to the City Council to determine whether the Petition satisfies the Act’s form, content and
signing requirements. If the Council determines that such requirements have been satisfied, it may, in its sole
discretion, adopt the Ordinance to create and organize the Midtown BID. If it determines, however, that any of
these requirements is not satisfied, it should decline to adopt the Ordinance. In the event the Council does not
adopt the Ordinance, staff will prepare for Council’s consideration at a later meeting a resolution setting forth the
Council’s findings and grounds for not adopting the Ordinance.
As proposed, the purpose of the Midtown BID is to “leverage public sector investments and provide private sector
stakeholders in the area with a stronger platform through which to advocate for - and directly fund - needed
improvements as Midtown comes into a new era.” The BID’s operations would be funded through a special
assessment based on frontage that would apply to the commercial properties along College Avenue and East
Foothills Parkway (the portion of Foothills Parkway that runs through the Foothills Mall) between Drake Road
and Boardwalk Drive (Attachment 1). Pursuant to the Act, no residential property is included within the BID’s
boundaries. (Note: The proposed boundary has been reduced in size from an earlier proposal to focus the
Midtown BID in the area with the strongest and most active support).
The proposed Midtown BID cites the following goals and objectives in its proposed Initial Operating Plan
(Attachment 2):
Create a collective voice to accomplish the goals of the neighborhood, provide leadership for the
neighborhood, and champion the vision of the Midtown.
Serve as the activator of the Midtown neighborhood, providing programming, marketing and activities
year-round.
Purposefully improve and advance Midtown and facilitate economic growth and overall increased vitality
in Midtown.
Develop and establish Midtown’s character and personality, communicate it succinctly, and bring it to
life.
Create synergistic relationships with the City to create an accessible and desirable place for locals and
visitors.
Find interesting, active and creative uses for shops, sidewalks and open spaces that can boost the
economy, thus diversifying the mix and adding new business opportunities.
Provide awareness, recognition, promotion and education about Midtown.
Keep Midtown safe, clean and welcoming.
Agenda Item 25
Item # 25 Page 3
Be an administrative umbrella that brings the neighborhood together and maximizes funding
opportunities for the future of Midtown.
Midtown BID’s operations and undertakings will be funded through a special assessment of properties within the
district boundary based on College Avenue and East Foothills Parkway frontage. The assessment is based on
$10 per linear foot of frontage, and is anticipated to raise approximately $170,000 annually. The BID will have
the ability to raise the assessment annually by an amount up to but not to exceed the consumer price index.
The Act authorizes the Council to appoint a board of between five (5) and eleven (11) members to govern the
Midtown BID. The initial BID board as proposed will consist of 9 members. The BID formation group has
recommended a list of individuals to be appointed as the initial board. The BID formation group made its
recommendation based on whom it believes to be interested and qualified, and whom will broadly represent the
BID’s interests (for a list of these individuals, please refer to pages 4 and 5 of Attachment 3). The term of office
shall be staggered to encourage continuity of governance. The length of the term is staggered between two (2)
and three (3) years. The Act provides that future board appointments are to be made by City Council.
BIDs in Colorado may exist in perpetuity. As proposed in the Initial Operating Plan, the Midtown BID will have
an initial ten-year term. This will allow stakeholders to evaluate the BID’s effectiveness at the end of this initial
term. If the BID is successful, as anticipated, it will request renewal from City Council.
The Act requires the Midtown BID to file an annual operating plan and budget with the City on or before
September 30th of each year. The City reviews and approves these documents as provided by law.
Midtown BID Formation Process
Key dates of the Midtown BID’s proposed formation schedule are as follows:
October 16, 2017 Completed petitions submitted to City (Occurred)
November 7, 2017 Public Hearing set for November 21, 2017 (Occurred)
November 21, 2017 Public Hearing and First Reading of BID formation ordinance (Tonight’s Item)
December 5, 2017 Second Reading of BID formation ordinance
Following formation, the Midtown BID will conduct a TABOR election to address the BID’s future revenues and
expenditures. The BID itself will conduct this election process in coordination with Larimer County.
CITY FINANCIAL IMPACTS
A business improvement district is an independent entity and will not impact the City financially.
Note: The City has agreed to loan the BID formation group up to $30,000 to assist with formation which will be
paid back upon formation and the BID’s first assessment collection. Consistent with completed milestones, to
date only $13,000 has been provided to the BID formation group. The balance will be made available following
formation and prior to the BID’s TABOR election.
PUBLIC OUTREACH
As required by the Act, all property owners within the Midtown BID’s proposed service area and boundaries have
been mailed formal notice of the public hearing and the general public has been notified through a notice
published in the Coloradoan on November 11, 2017.
Agenda Item 25
Item # 25 Page 4
ATTACHMENTS
1. Boundary Map (PDF)
2. Operating Plan (PDF)
3. Proposed Board (PDF)
4. BID petitions (PDF)
5. BID Assessed Valuations and Acreage (PDF)
6. Powerpoint presentation (PDF)
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ORDINANCE NO. 165, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CREATING AND ESTABLISHING THE MIDTOWN BUSINESS IMPROVEMENT
DISTRICT, APPOINTING THE INITIAL MEMBERS OF THE BOARD OF DIRECTORS
OF THE DISTRICT, APPROVING THE DISTRICT’S INITIAL OPERATING PLAN AND
BUDGET, AND DESIGNATING THE AREA AS A LOCATION FOR
NEW BUSINESS OR COMMERCIAL DEVELOPMENT
WHEREAS, the City Council (the “Council”) of the City of Fort Collins, Colorado (the
“City”), has received a petition for the organization (the “Petition”) of the Midtown Business
Improvement District (the “District”) within the City; and
WHEREAS, based upon the Petition and other evidence presented to Council, the
Council finds that Petition is in proper form and has been signed in conformity with the Business
Improvement District Act, C.R.S. Section 31-25-1201 et seq., as amended (the “Act”); and
WHEREAS, the Council further finds and determines that the signatures on the Petition
are genuine, and that the signatures of parties thereon represent the persons who own real or
personal property in the service area of the proposed District having a valuation for assessment
of not less than fifty percent of the valuation for assessment of all real and personal property in
the service area of the proposed District and who own at least fifty percent of the acreage in the
proposed District; and
WHEREAS, the Petition sets forth, among other things:
(a) The name of the proposed District, which is: “Midtown Business Improvement
District;”
(b) A general description of the boundaries and service area of the proposed District
which is: the boundaries include parcels fronting South College Avenue from Prospect Road in
the north to Harmony Road in the south, as well as those fronting East Foothills Parkway
between East Swallow Road and South College Avenue in the City. A map of the proposed
District’s boundary is also attached to the Petition and in the Petition is a statement that the
boundaries of the District include all properties within the service area perimeter which are
classified as commercial property as defined in C.R.S. Section 31-25-1203(2) of the Act, all of
which is located in the City (the “Service Area”);
(c) A general description of the types of services or improvements or both to be
provided by the proposed District;
(d) The names of three persons to represent the petitioners, who have the power to
enter into agreements relating to the organization of the District;
(e) A request that the Council appoint the initial members of the Board of Directors
of the District pursuant to C.R.S. Section 31-25-1209(1)(b);
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(f) A request that the Council consider the District’s initial operating plan and budget
for approval in accordance with Section 31-25-1211, C.R.S.; and
(g) A request that the Council approve the organization of the District; and
WHEREAS, the Council has determined that it appears the allegations of the Petition are
true; and
WHEREAS, the Council has determined that the types of services or improvements to be
provided by the proposed District are of the type which best satisfy the purposes of the Act; and
WHEREAS, the Petition was filed with a cash deposit in an amount sufficient to cover all
municipal expenses associated with these proceedings in case the organization of the proposed
District is not effected; and
WHEREAS, the Service Area of the proposed District is entirely within the City; and
WHEREAS, the Service Area of the proposed District is not located within any other
existing business improvement district; and
WHEREAS, a map of the boundaries of the Service Area of the proposed District is
attached hereto as Exhibit “A”, a legal description of the Service Area of the proposed District is
attached hereto as Exhibit “B”, and said exhibits are incorporated herein by reference.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That following a duly noticed and held public hearing, as described below,
and upon consideration of a recommendation from City staff that an ordinance be enacted
creating the District, the Council further finds and determines:
(a) That the proposed District was initiated by a Petition filed in the Office of the
City Clerk of the City of Fort Collins, on the 16th day of October 2017, that the Petition was
sufficient, that the allegations in the Petition are true, that the Petition is in due and regular form,
and the Petition was properly executed;
(b) That the Council has heretofore fixed a place and time for a hearing on the
Petition, which hearing was scheduled for Tuesday, November 21, 2017, at 6:00 p.m., in the City
Council Chambers, City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado;
(c) That the proponents of the District mailed notice of such hearing to each property
owner within the boundaries of the proposed District in accordance with C.R.S. Section 31-25-
1206 and as evidenced in the “Certification of Mailing of Public Notice of Hearing on Petition
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for the Organization of a Business Improvement District” attached as Exhibit “C” and
incorporated by reference;
(d) That a notice of the hearing was also duly published on November 11, 2017, in
the Fort Collins Coloradoan in accordance with C.R.S. Section 31-25-1206 and as evidenced in
the “Affidavit of Publication” attached as Exhibit “D” and incorporated by reference;
(e) That an initial operating plan (the “Initial Operating Plan”) and budget (the
“Budget”) were filed in the Office of the City Clerk of the City of Fort Collins as part of the
Petition and have been reviewed by the Council and are hereby approved; That the initial
operating plan and budget (the “Budget”) were filed in the Office of the City Clerk of the City of
Fort Collins, and that initial operating plan has been revised to read as shown in Exhibit “E”
attached hereto and incorporated herein by reference (the “Initial Operating Plan”);
(f) That the Initial Operating Plan, as shown in Exhibit “E”, and the Budget on file
with the City Clerk have been reviewed by the Council and are both hereby approved;
(fg) That the proposed District is lawful and necessary, should be created and
established, and that the proposed District does not include territory that is within any other
business improvement district; and
(gh) That the Service Area of the proposed District is hereby designated, after notice
and public hearing, as a location for new business or commercial development.
Section 3. The District is hereby created, organized, and established for the purposes
and shall have the powers set forth in the Act, except as otherwise modified in this Ordinance.
All services and improvements provided by the District shall be undertaken in accordance with
the Act and the District’s Initial Operating Plan, as the Plan may be amended from time to time
with the approval of the Council as provided in C.R.S. 31-25-1211. In addition, any
amendments to this Ordinance shall be effective only when approved by the Council.
Section 4. The Service Area of the District is depicted in Exhibit “A” and legally
described in Exhibit “B”. The District is located entirely within the City of Fort Collins and a
general description of the Service Area is as follows: the boundaries include parcels fronting
South College Avenue from Prospect Road in the north to Harmony Road in the south, as well as
those fronting East Foothills Parkway between East Swallow Road and South College Avenue in
the City. The boundaries of the proposed District shall consist of all “commercial property” now
or hereafter located within the Service Area, as that term is defined at C.R.S. Section 31-25-
1203(2), but specifically excluding all taxable personal property. The District may provide
services and improvements inside and outside of the Service Area as set forth in the District’s
Initial Operating Plan, as amended.
Section 5. Inclusion and exclusion of property into or from the District shall be
completed as provided in the Act.
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Section 6. The District shall be a quasi-municipal corporation and political
subdivision of the State of Colorado with all powers and responsibilities thereof. The District
shall hereafter have the corporate name specified in the Petition: Midtown Business
Improvement District.
Section 7. Pursuant to C.R.S. Section 31-25-1209(1)(b), the Board of Directors of the
District (the “Board”) shall consist of nine (9) electors of the District, appointed by the Mayor
and confirmed by City Council. Each member of the Board shall be an elector of the District, as
that term is defined at C.R.S. Section 31-25-1203(4)(a). The initial members of the Board are
hereby appointed and confirmed (and shall take office upon qualification):
(a) Steve Taylor for a term ending December 31, 2019,
(b) Rayno Seaser for a term ending December 31, 2020,
(c) Mike Dellenbach for a term ending December 31, 2019,
(d) David Fritzler for a term ending December 31, 2020,
(e) Spiro Palmer for a term ending December 31, 2019,
(f) Luke McFetridge for a term December 31, 2020,
(g) John Gaffney for a term ending December 31, 2019,
(h) Lauren DeRosa for a term ending December 31, 2020, and
(i) Carrie Baumgart for a term ending December 31, 2019.
Section 8. In accordance with C.R.S. Section 31-25-1209(1)(b), members of the
Board shall serve at the pleasure of the Council. Meetings of the Board shall be subject to the
Colorado Open Meetings Law. A majority of the Directors in office constitute a quorum.
Officers of the District shall include a Chairperson and President, Vice-President, Secretary,
Assistant Secretary and Treasurer. The Directors shall elect the District’s officers. Within thirty
(30) days after a vacancy occurs or as otherwise provided by law, a successor shall be appointed
by the Council by ordinance.
Section 9. Within thirty (30) days of the effective date of this Ordinance, or within
thirty (30) days of each subsequent appointment to the Board by the City Council by ordinance,
each member of the Board shall appear before an officer authorized to administer oaths and take
an oath that he or she will faithfully perform the duties of his or her office as required by law and
will support the constitution of the United States, the constitution of the State of Colorado, and
laws made pursuant thereto. The Board shall carry out the responsibilities required of such
Board by the Act and other applicable law.
Section 10. The Initial Operating Plan and the Budget are hereby approved by the City
as the District’s 2017 and 2018 operating plan and budget as required by the Act. The Board
will formally adopt the District’s annual budgets following the effective date of this Ordinance in
compliance with the Colorado Local Government Budget Law. Once formally adopted by the
Board, a copy of the District’s budgets will be provided to the City’s Economic Health Office.
The budgets for subsequent years shall be incorporated into the District’s annual operating plan
submitted to the City for review and approval on or before September 30th of each year
(commencing with September 30, 2018), as required by C.R.S. Section 31-25-1211. The District
is authorized to proceed with elections for any purpose authorized by the Act and the Initial
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Operating Plan. The District shall have the power to issue debt, subject to the limits and
restrictions on the same as set forth in the Initial Operating Plan and electoral approval. The
District shall have the power to provide improvements as defined in C.R.S. Section 31-25-
1203(5), and services as described in C.R.S. Section 31-25-1212, as limited by the Initial
Operating Plan.
Section 11. As provided in the Initial Operating Plan, the initial term of the District
shall be for ten (10) years from the effective date of this Ordinance (the “Termination Date”). If
the Council does not approve an amendment to the Initial Operating Plan and this Ordinance to
extend this initial term, the District’s existence shall cease on the Termination Date.
Section 12. The actions of the City Clerk and petitioner in setting and providing public
notice of the public hearing on the sufficiency of the Petition and in furtherance hereof are
hereby ratified and confirmed.
Introduced, considered favorably on first reading, and ordered published this 21st day of
November, 2017, and to be presented for final passage on the 5th day of December, 2017.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 5th day of December, 2017.
Mayor
ATTEST:
City Clerk
EXHIBIT B
EXHIBIT C
EXHIBIT D
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Midtown Business Improvement District (BID)
Initial Operating Plan
2017-2018
BID NAME
The BID shall operate as the Midtown Business Improvement District (BID).
LEGAL AUTHORITY
A BID in Colorado is organized pursuant to the Business Improvement District Act, Section 31-25-1201 et
seq., Colorado Revised Statutes. A BID is legally created via the following process:
Stakeholders acquire petition signatures of commercial property owners representing a majority of
the total assessed value and a majority of the total acreage of the proposed BID area.
The City adopts an ordinance establishing the district, following notice and a public hearing.
ABOUT MIDTOWN
Midtown is a growing, thriving hub in central Fort Collins. The properties adjacent to College Avenue,
from approximately Prospect Road south to Harmony Road, as well as the Foothills Mall, make up
Midtown. In total, the corridor spans slightly over three miles. Today, Midtown is an active place with a
wide range of commercial activities and a limited amount of residential and institutional uses.
Automobile dealerships make up a significant portion of the business mix, while big box retailers
dominate the shopping offer. Within the last few years, there has been renewed commitment to and
interest in supporting a revitalized Midtown with a focus on a long-term strategy to support the growth
of the district, both physically and economically.
THE VISION FOR MIDTOWN
Midtown is on the cusp of big change. With the opening of the new Foothills Mall and significant
investment taking place throughout the corridor, stakeholders envision a refreshed future for the
district, one that reinvigorates the area with destination retail, higher-density development, commercial
opportunities and unique urban living opportunities. A distinctive identity, placemaking, events,
activities and people-oriented uses will create a new shopping and entertainment hub in the heart of
Fort Collins, providing distinctive options and opportunities for locals and visitors to the community.
THE BID’S ROLE IN MIDTOWN
The development of the Midtown BID provides an opportunity to create a sustainable funding source to
leverage public sector investments and provide private sector stakeholders in the area with a stronger
platform through which to advocate for – and directly fund – needed improvements as Midtown comes
into a new era. The Midtown BID will:
Create a collective voice to accomplish the goals of the neighborhood, provide leadership for the
neighborhood, and champion the vision of Midtown.
Serve as the activator of the Midtown neighborhood, providing programming, marketing and
activities year-round.
Purposefully improve and advance Midtown and facilitate economic growth and overall increased
vitality in Midtown.
Develop and establish Midtown’s character and personality, communicate it succinctly, and bring it
to life.
Create synergistic relationships with the City of Fort Collins to create an accessible and desirable
place for locals and visitors.
EXHIBIT E
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Find interesting, active and creative uses for shops, sidewalks and open spaces that can boost the
economy, thus diversifying the mix and adding new business opportunities.
Provide awareness, recognition, promotion and education about Midtown.
Keep Midtown safe, clean and welcoming.
Be an administrative umbrella that brings the neighborhood together and maximizes funding
opportunities for the future of Midtown.
BID BOUNDARIES
The Midtown BID includes parcels fronting South College Avenue from Drake Road in the north to
Boardwalk Drive in the south, as well as those fronting East Foothills Parkway between East Swallow
Road and South College Avenue in the City of Fort Collins, County of Larimer, State of Colorado, and
illustrated by the boundary attached in EXHIBIT A. These boundaries are more particularly described by
the attached database of parcels within the BID boundaries and their legal descriptions as EXHIBIT B.
BID SERVICES
The specific services that the BID will fund have been developed and prioritized by the business and
property owners of Midtown, and include:
Midtown Promotion, Management, and Business Support: The BID will be the go-to resource for
Midtown, providing leadership and business support, while championing stakeholders’ needs to
create an environment that’s welcoming to the larger community and visitors. Projects to support
the stakeholders will include:
- Dedicated staff that can manage Midtown, advocate for Midtown needs, and focus on
leveraging resources and improvements for the area.
- Promotion of Midtown commercial sector development that supports strategic economic
growth and creates a vibrant environment in which Midtown businesses can thrive.
- Supplementing the BID budget and identifying strategic funding opportunities to leverage and
enhance the base assessments collected from year to year.
- Building partnerships and developing strategies to increase community participation, leadership
and coordination, including specifically partnerships with the City of Fort Collins, the Fort Collins
Downtown Development Authority, and the Downtown Fort Collins Business Association.
- Providing business support for Midtown businesses, serving as the “concierge” for all things
Midtown and helping businesses succeed by providing them with useful tools and resources,
including tracking policies, data, and other useful information.
- Shaping the retail, restaurant and overall storefront experience in Midtown by developing and
implementing a strategy for strengthening the offer on the ground level and enhancing the
existing business mix in Midtown.
Midtown Branding, Marketing, and Activation: The BID will develop and deliver a unique
experience that encourages locals and visitors to explore Midtown and establish a strong identity
that is recognizable and highlights the distinctive Midtown offer. Projects will include:
- Development of an authentic, compelling and clear brand for Midtown that uniquely identifies
its offer and potential.
- Producing targeted marketing and messaging to the community and visitors.
- Developing year-round programming, events and activities that draw in diverse demographic
groups to experience and explore Midtown and give them a reason to stay, explore and spend
money in the district.
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- Facilitating events that drive traffic into businesses and leveraging partnerships with Midtown
stakeholders.
- Public and community relations in support of growing the Midtown corridor that help promote
why Midtown is a destination in its own right.
Midtown Placemaking and Maintenance: The BID will work to activate the public realm in Midtown
and develop a clean, safe and friendly environment, offering enhancements and amenities that
create a welcoming destination and support larger-scale infrastructure projects proposed for the
area. Projects will include:
- Creation of a unique Midtown ambiance and sense of place that is safe, accessible, walkable and
easy to park.
- Development of a unifying aesthetic for Midtown’s public spaces and right of way through the
addition of public realm amenities throughout Midtown, including more benches, bike racks,
public art and trash/recycling cans.
- Investments in unique Midtown wayfinding signage and gateways that create a sense of place
and help guests explore the area whether by car, by bicycle, or on foot.
- Adding color and vibrancy to the district by funding banners, holiday lighting and public art.
- Sidewalk cleaning and power washing, litter and weed cleanup and graffiti removal as well as
snow removal at intersections and critical public access areas.
- Greening, including planting and maintaining flowers, pocket parks and other green spaces.
- Working with City of Fort Collins to complement existing projects and maintenance efforts and
to establish new synergistic opportunities.
BID ASSESSMENT METHOD AND BUDGET
The BID will utilize an assessment method that is based upon linear frontage of a property on College
Avenue and Foothills Parkway within the BID boundary. The initial assessment will be $10 per linear
foot, annually. Only commercially-assessed properties will be included. The BID will raise approximately
$170,000 in its first year of operations.
Additionally, the BID will have the ability to raise the assessment annually not to exceed the Consumer
Price Index for all Urban Consumers (CPI-U) for the Denver-Boulder-Greeley, Colorado metropolitan
area. This decision will be at the discretion of the BID board.
In the first year of BID operations, it is proposed that the BID would invest resources to undertake the
following five key projects:
1. Develop the Midtown brand and identity
2. Establish a Midtown-branded wayfinding and signage program, including installing gateways into
the Midtown area
3. Hire full-time staff to work specifically for Midtown, serving as a liaison to stakeholders and an
advocate to the City of Fort Collins on matters critical to Midtown’s future
4. Develop and implement a program of year-round events to be produced in partnership with local
stakeholders
5. Design and implement placemaking enhancements, including holiday lighting, public art, banners
and flowers
Bringing in revenue and contributions in addition to the BID assessment will increase impact and help
the organization to best leverage investments into Midtown. To that end, the BID will work to procure
supporting funding from the City of Fort Collins as well as grants, donations, sponsorships,
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memberships, fee-for-service projects, crowdsourcing and partnerships on top of the BID special
assessment. The BID Board, with City approval, would determine the annual operating budget each year
of BID operations, based upon the priorities set out in this plan.
Properties adjacent to, but not within the BID boundaries, may elect to participate in the BID. Upon
request, the BID would provide technical assistance to help. To do so, the owners of such properties
would be required to file a written petition with the City of Fort Collins, requesting that their property
be included in the BID. The petition shall be accompanied by a deposit of money sufficient to pay all
costs of the inclusion or exclusion proceedings. Public notice will be given, a public hearing will be held
and an ordinance may be adopted by Fort Collins City Council. The determination of assessment for
properties joining the BID which do not have frontage on either College Avenue or Foothills Parkway
shall be assessed the same frontage rate as the rest of the BID for their particular frontage on the street
they are located.
BID BONDING
As allowed by law, the BID may issue bonds or other multiple-year financial obligations only if the BID is
authorized to do so by its operating plan, budget and its voters in a future election. The election must
comply with all applicable state requirements, including the TABOR Amendment, and would limit the
amount of debt that may be issued to no more than the amount that is approved by the BID voters.
BID GOVERNANCE
The BID statute allows for a board of 5 to 11 members who are BID electors. The Midtown BID board will
initially consist of nine appointed members from the Midtown BID area. The Midtown BID recommends
that City Council appoint the following initial board members:
Board Member Affiliation Rationale for Inclusion on
Board
Steve Taylor Hot Corner Concepts
Long standing Fort Collins
business owner and resident
who has participated in the
Old Town DDA and will help
represent the restaurant users
along the corridor
Rayno Seaser The Egg & I
Long standing Fort Collins
business owner and resident
who has participated and will
also help represent the
restaurant users along the
corridor
Mike Dellenbach Dellenbach Chevrolet
Long standing Fort Collins
business owner and resident
who will help represent the
car dealers along the corridor
David Fritzler BBVA Compass
Well established and
respected member of the
business community who will
help represent the financial
5
institutions along the corridor
Spiro Palmer Palmer Properties
Long standing Fort Collins
business owner and resident
who will help represent the
shopping centers and general
businesses along the corridor
Luke McFetridge NewMark Merrill Mountain States
President of the SFCBA
leading the efforts to form the
BID and will remain on the
Board to see the vision
through
John Gaffney Foothills Mall
GM of Foothills Mall,
representing a catalyst project
in Midtown and
demonstrating the Mall’s
commitment to the BID by
serving on the board
Lauren DeRosa Wild Birds
Long standing resident and
business owner in Fort Collins
and will help represent the
business lessees
Carrie Baumgart Markley Motors
Chief Operating Officer of
Markley Motors representing
the car dealers in the district
The terms of office shall be staggered to encourage continuity in BID governance. The maximum length
of a term is three (3) years and the consecutive term limit shall be two (2) terms. After a member has
fulfilled two consecutive terms, that person may not be a member of the Midtown BID governing body
for three (3) years before being reappointed.
BID MANAGEMENT STRUCTURE
The Midtown BID expects to work with the South Fort Collins Business Association (SFCBA) to deliver its
services and hire staff. The SFCBA is a 501(c)(6) organization that supports the development of Midtown
Fort Collins.
BID TERM
BIDs in Colorado may be perpetual. However, the Midtown BID will have an initial ten-year term. This
will allow for property and business owners to evaluate the BID’s effectiveness at the end of the term. If
the BID is deemed successful, the BID Board will request that the City Council renew the BID by
ordinance after the initial period. If the BID is not considered to be successful, it will sunset at the end of
the initial term.
CITY SERVICES
BID services will be designed to supplement existing City services and will be in addition to City services
that are currently provided in Midtown. BID services will not replace any existing City services.
6
The Midtown BID will provide a number of benefits to the City of Fort Collins, including:
A collective leader and champion for the vision of Midtown, and clear partner with which the City
can work
Help the City of Fort Collins advance its key strategic objectives
Clear economic benefits, including but not limited to:
- Increased sales revenue through the activation, marketing and promotion of Midtown creating
more visitors and more spending in the area
- Development of Midtown as an entertainment and shopping hub
- Interesting, active and creative uses for shops, sidewalks and open spaces
Opportunity to further demonstrate the commitment to Midtown outlined in the City’s Midtown
Plan
Create a second activity center in Fort Collins and a “place” beyond downtown in Fort Collins for
visitors and locals
Beautification of the City through a refreshed and invigorated area
ANNUAL REVIEW
The BID Act requires the BID to file an annual operating plan and budget with the City on or before
September 30 of each year. The City will review and approve the operating plan and budget as provided
by law.
DISSOLUTION
Under Colorado law, the BID may be dissolved following a public hearing if property owners
representing at least 50% of acreage within the BID and at least 50% of total assessed value within the
BID submit petitions for dissolution to City Council. City Council also retains discretion to initiate
dissolution proceedings if the BID fails to submit an operating plan and budget for two successive years.
COMPLIANCE WITH APPLICABLE LAWS
The BID is a quasi-municipal corporation and political subdivision of the State of Colorado. Accordingly,
in addition to the specific requirements of the BID Act and this operating plan, the BID shall comply with
all applicable state laws including but not limited to the Colorado Open Meetings Law (Sec. 24-6-401, et
seq., C.R.S.), the Local Government Budget Law of Colorado (Sec. 29-1-101, et seq., C.R.S.), the Colorado
Local Government Audit Law (Sec. 29-1-601, et seq., C.R.S.), the Colorado Open Records Act (Sec. 24-72-
201, et seq., C.R.S.), and the Colorado Fair Campaign Practices Act (Sec. 1-45-101, et seq., C.R.S.).
PUBLIC IMPROVEMENTS
The BID Act authorizes business improvement districts to acquire, construct, finance, install, and operate
“improvements,” which are defined in the BID Act to mean “public improvements” (Sec. 31-25-1203(5),
C.R.S.), but only to the extent such improvements are authorized in an approved operating plan. In
conformance with the BID Act, the BID shall only acquire, construct, finance, install, and operate those
improvements authorized in this operating plan and any such authorized improvements shall be
available and open to the public in a non-discriminatory manner.
SECURITY SERVICES
The BID may not provide security services as permitted by the BID Act in 2017 or 2018 or in the future
without the City Council authorizing such services in an amendment of this operating plan or in a future
operating plan approved by Council.
EXHIBIT A
Midtown Business Improvement District (BID) Boundary
PARCEL NUMBER LEGAL DESCRIPTION
9725308010 TR K, SOUTHMOOR VILLAGE 5TH, FTC
9725243001 ALL BLK 2, THUNDERBIRD EST 9TH, TOG WITH VAC 30 FT RD ADJ SD BLK ON W, TOG WITH VAC S 30 FT DEL CLAIR RD ADJ SD BLK ON N, FTC
9725267003 LOT 3, BLK 1, REPLAT OF PT BLK 1, THUNDERBIRD EST 9TH SUB, TOG WITH VAC N 30 FT DEL CLAIR RD ADJ SD LOT ON S, FTC
9725222007 LOT 7, THUNDERBIRD EST 6TH, FTC (COMBINE 97252-22-102)
9726425001 LOT B, VILLA PUD, FTC; LESS 20140008729
9726415001 ALL POUDRE VALLEY MOTORS, FTC; LESS ROW TO FTC PER 20130064802
9726433002 LOT 2, MOURNING SUB, 2ND FIL, FTC
9736234001 TR A, SHOPKO PUD, FTC
9736205005 TR '5', OBSERVATORY HTS, FTC, LESS RD PER 832-248, LESS RD PER 95052252; LESS PALMER RETAIL MINOR SUB, FTC
9736215001 LOT 1 & W 38 FT OF LOT 2, FEENEY SUB, FTC; LESS RD ROW PER 20050011076
9726127001 LOT 1 LESS N 82 FT, & LOT 2 WALTERS, FTC
9726122001 LOT 1, HARVARD 1ST, FTC
9725312004 PT LOT 1, STRACHAN SUB, 2ND, FTC, BEG N 89 45' 30" E 111.8 FT; TH N 0 27' 15" W 31.62 FT; TH N 45 34' 15" W 26.14 FT FROM SW COR 25-7-69; TH N 45 34' 15" W 44.78 FT; TH N
0 24' 45" W 155.52 FT; TH N 89 45' 30" E 401.28 FT, TH S 0 14' 30" E 187 FT; TH S 8
9725222012 LOT 12, THUNDERBIRD EST 7TH, FTC
9726131001 LOTS 1 & 2, & E 30 FT OF LOT 3, REPLAT OF SWALLOW, FTC
9735119005 LOT 5B, CREGER PLAZA 2ND REPLAT, FTC
9735150002 LOT 2, MORELAND SUB, FTC
9726114001 LOT 1, GHENT, FTC; LESS 96030371; LESS POR TO CITY PER 20150057258.
9726100016 TR IN NE 1/4 26-7-69, BEG AT PT WH BEARS N 89 30' W 118.46 FT; S 0 30' W 30 FT; S 44 34' E 69.60 FT; S 0 19' E 257.12 FT FROM NE COR; SD PT LY ON WRLY R/W LN HWY 1; TH S 0
19' E 60 FT ALG SD WRLY R/W LN, N 89 30' W 362.4 FT; N 0 19' W 60 FT; S 89 30' E 3
9726138001 LOT 1, ED CARROLL VOLKSWAGEN-AUDI PUD, FTC
9726127004 N 82 FT LOT 1, WALTERS, FTC
9725244001 LOT 1, BLK 3, THUNDERBIRD EST 9TH, FTC
9735156001 LOT 1, OLIVE GARDEN MINOR SUB, FTC
9726423003 LOT 3, MOURNING, FTC; ALG W TR SE 1/4 26-7-69 DESC; BEG PT S LN LOT 3, MOURNING SUB N 89 43' 00" W 50 FT TO PT W LN US HWY 287, S 0 19' 00" W 870.81 FT ALG SD W LN, N 89 45'
00" W 183.33 FT FRM E 1/4 COR SD SEC 26; TH S 0 15' 00" W 35 FT, N 89 45' 00" W
9725222005 W 168 FT OF LOT 5 & THE W 18 FT OF LOT 6, THUNDERBIRD EST 6TH, FTC; LESS 20040063975
9726132001 TR A & B, SOUTH COLLEGE COMMERCIAL, FTC AND ALSO ROW VACATED BY 20110028779
9725222015 S 55 FT OF LOT 11, THUNDERBIRD EST 7TH, FTC
9725267002 LOT 2, BLK 1 REPLAT PT OF BLK 1 THUNDERBIRD EST 9TH SUB, FTC
9726414003 LOTS 3, 4, 5, 8, 9, 10, 27, 28, 29 & S 26 FT LOTS 2 & 7& S 36.91 FT LOT 30 & PT VAC MASON ST, S MESA SUB FTC, DESC AS BEG SW COR LOT 27, N 0 54' E 345.96 FT, N 89 55' E 341.14
FT, S 89 54' E 385 FT, S 0 5' E 334.95 FT, TH ALG ARC 15 FT RAD CUR R, 23.61 F
9726414001 LOT 1, LOT 6, PT LOTS 2, 7, AND 32, PT VAC S MASON ST, HIGH ST, AND S COLLEGE FRONTAGE RD, SOUTH MESA SUB FTC DESC: BEG AT SW COR SD LOT 32, TH N 89 55' 00" E 338.24 FT; TH
S 00 05' 00" E 169.11 FT; TH S 89 54' 00" E 395.74 FT; TH N 09 57' 30" E 22.91 FT
9726414011 LOT 11 & E 9 FT OF LOT 12, S MESA, FTC
9725330002 LOT 2, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9735150001 LOT 1, MORELAND SUB, FTC
9735110002 COMM AT NE COR OF LOT 1, BLK 1, REPLAT OF LOTS 1, 2, 3 & 4, CREGER PLAZA SUB; TH S 45 04' 34" E 42.14 FT; TH S 00 01' 26" W 601.79 FT; TH ALG TH ARC OF A CURVE TO R, RAD 15
FT, C/A 90 22' 55", L/C BEARS S 45 12' 54" W 21.28, A DIST OF 23.66 FT; TH N 89 3
9735110001 COMM AT NE COR OF LOT 1, BLK 1, REPLAT OF LOTS 1, 2, 3 & 4, CREGER PLAZA SUB; TH N 89 43' 14" W 63.38 FT TPOB; TH S 27 27' 45" E 70.37 FT; TH S 40 53' 13" E 83.72 FT; TH S
00 00' 00" E 17.16 FT; TH N 90 00' 00" W 63.49 FT; TH N 00 00' 00" E 9.70 FT; TH N
9726434001 LOT 1, MATTERHORN PUD, FTC
9736232001 BEG AT NW COR LOT 7, OBSERVATORY HTS, FTC, S 138.4 FT ALG SEC LN, S 89 51' E 56.4 FT TO E LN HWY 287 TPOB, S 89 51' E 301 FT, S 0 39' E 140.2 FT, N 70 22' W 109.63 FT, S 85
37' W 200.8 FT TO E LN HWY 287, N 0 24' E 119.47 FT TPOB; LESS ROW MITCHELL DR P
9726434002 LOT 2, MATTERHORN PUD, FTC
9726139001 TRACT A, PASTOR SUB, FTC
9725222001 LOT 1, THUNDERBIRD EST 6TH, FTC; LESS 97024358
9726124001 ALL NATIONAL, FTC
9726439001 LOT 1, RICHIE`S EXPRESS CARWASH SUBDIVISION, FTC (2001063512); LESS 20140013073
9736249003 LOT 1, TR C, 1ST REPLAT SHOPKO PUD, FTC
9726137002 LOT 1B LESS N 10 FT, REPLAT OF LOT 1, HARVARD SUB, 2ND,FTC
9726137001 LOT 1A & N 10 FT LOT 1B, REPLAT OF LOT 1, HARVARD SUB, 2ND, FTC
9735109005 E 135 FT OF LOT 5, RCD PLAZA SOUTH SUBDIVISION, PUD, FTC
9736215003 LOTS 3 & 4, FEENEY SUB, FTC
9725222016 PT LOT 14, THUNDERBIRD EST 7TH, FTC, ALSO PT THUNDERBIRD EST 9TH, FTC DESC AS BEG AT PT WH BEARS S 0' 45" E 1379.56 FT, E 95 FT FROM NW COR 25-7-69, E 120 FT, S 150 FT, W
135 FT, N 0 0' 45" W 135 FT, TH ALG ARC 15 FT RAD CUR R, 23.57 FT, L/C N 44 59' 38"
9725312002 PT OF LOT 1, STRACHAN SUB 2ND, FTC, DESC: BEG AT A PT ON N LN OF E HORSETOOTH RD WH BEARS N 89 45' 30" E 111.80 FT & N 00 27' 15" W 31.62 FT & N 45 34' 15" W 26.14 FT & N
89 45' 30" E 368.97 FT FROM SW COR OF 25-7-69, TH N 00 14' 30" W 187 FT
9725331010 TRACT J, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725330017 LOT 17, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725333003 TRACT C, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510); LESS POR IN TAX DISTRICT 11002 ON PARCEL 97253-33-018
9725332011 LOT 11, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510)
9725332019 LOT 19, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510)
9725330009 LOT 9, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725330016 LOT 16, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725332018 LOT 18, FOOTHILLS MALL REDEVELOPMENT SUB FIL NO 2, FTC (20150020510)
9725330010 LOT 10, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9736248001 LOT 1, FIRST REPLAT, 1ST CHOICE BANK OF FORT COLLINS, FTC
9736232001 TR A, TOYS "R" US/WESTERN AUTO PUD, FTC
9726123002 LOT 2, HARVARD 2ND, FTC
9726100034 TR IN 26-7-69, BEG AT E 1/4 COR, N 89 43' W 50 FT TO W ROW HWY 287 (S COLLEGE AVE), N 0 19' E ALG W ROW LN 818.33 FT TPOB, N 0 19' E ALG SD W ROW LN 200 FT, N 89 43' W 370
FT, S 0 19' W 200 FT, S 89 43' W 370 FT, S 0 19' W 200 FT, W 89 43' E 370 FT TPOB,
9725222008 LOT 8, THUNDERBIRD EST 6TH, FTC
9725300003 LOT 3, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725327001 LOT 1, STRACHAN SUB, 5TH FIL, FTC
9725267001 LOT 1, BLK 1, REPLAT PT OF BLK 1 THUNDERBIRD EST 9TH SUB, FTC
9725222010 LOTS 10 AND 11, THUNDERBIRD EST 7TH, FTC, LESS S 55 FT SD LOT 11
9726100022 TR IN NE 1/4 26-7-69 BEG AT PT ON WRLY R/W LN HWY 287 WH BEARS N 89 30' W 118.46 FT, S 0 30' W 30 FT, S 44 34' E 69.6 FT, S 0 19' W 757.1 FT, S 10 59' 30" E 102 FT, S 0 19'
W 1020.66 FT FROM NE COR, S 0 19' W 70 FT ALG SD R/W TO NE COR TR DESC IN 1357-33
9725222004 LOT 4, THUNDERBIRD EST 6TH, FTC
9725330014 LOT 14, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725330013 LOT 13, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725330015 LOT 15, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
9725330012 LOT 12, FOOTHILLS MALL REDEVELOPMENT SUB, FTC (20140028776)
EXHIBIT B
Midtown Business Improvement District (BID)
Legal Description of Parcels