HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/21/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor
Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers
Ben Manvel, District 1 City Hall West
Lisa Poppaw, District 2 300 LaPorte Avenue
Aislinn Kottwitz, District 3
Wade Troxell, District 4 Cablecast on City Cable Channel 14
Gerry Horak, District 6 on the Comcast cable system
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Krajicek, City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to
the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance.
REGULAR MEETING
February 21, 2012
Proclamations and Presentations
5:30 p.m.
A. Proclamation Declaring February 19-25, 2012 as National Engineers Week.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
PROCLAMATION
WHEREAS, Engineers Week was started in 1951 by the National Society of Professional
Engineers to raise public awareness of engineers’ positive contributions to quality of life; and
WHEREAS, Engineers Week is celebrated in February at the time of George Washington’s
birthday, because he was an engineer as well as our nation’s first president; and
WHEREAS, each year Engineers Week reaches thousands of schools, businesses, and
community groups across the United States; and
WHEREAS, the important efforts of engineers help drive our economy, protect our
environment, and ensure public safety; and
WHEREAS, the engineers of the State of Colorado will actively help to maintain and sustain
the vital infrastructure of our civilized and natural environments; and
WHEREAS, engineers help America remain at the forefront of technological development
and contribute to countless breakthroughs that improve the quality of life for people throughout the
world.
NOW, THEREFORE, I Karen Weitkunat, Mayor of the City of Fort Collins, do hereby
proclaim February 19-25, 2012 as
NATIONAL ENGINEERS WEEK
in the city of Fort Collins.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort
Collins this 21st day of February, A.D. 2012.
__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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3. AGENDA REVIEW:
• City Manager Review of Agenda.
• Consent Calendar Review.
This Review provides an opportunity for Council and citizens to pull items from the Consent
Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent
Calendar and considered separately.
N Council opportunity to pull Consent Calendar items.
(will be considered under Item No. 23)
N Citizen opportunity to pull Consent Calendar items.
(will be considered under Item. No. 26)
4. CITIZEN PARTICIPATION
5. CITIZEN PARTICIPATION FOLLOW-UP
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen
Participation.
CONSENT CALENDAR
The Consent Calendar consists of Items 6 through 19. This Calendar is intended to allow the City Council
to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of
the Consent Calendar. The Consent Calendar consists of:
! Ordinance on First Reading that are routine
! Ordinances on Second Reading that are routine
! Those of no perceived controversy
! Routine administrative actions.
Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to
address the Council on items not specifically scheduled on the agenda must first be recognized by the
Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The
timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again
at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals
who wish to speak, the Mayor may reduce the time allowed for each individual.
! State your name and address for the record.
! Applause, outbursts or other demonstrations by the audience are not allowed
! Keep comments brief; if available, provide a written copy of statement to City Clerk
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6. Items Relating to the Safe Routes to School Program.
A. Second Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund for the FY 2011-12 Safe Routes to School Program.
B. Resolution 2012-006 Authorizing the Execution of an Intergovernmental Agreement Between
the City and the Colorado Department of Transportation for Infrastructure Funding of the
Safe Routes to School Program.
This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates a $50,176
federal grant received through the Colorado Department of Transportation (CDOT) for the FY
2011–12 Safe Routes to School program. This funding will allow the City of Fort Collins’ Safe Routes
to School Program (administered and staffed by the Transportation Planning Division) to provide new,
higher quality bike racks at public schools within the City of Fort Collins and roll out a new “Bicycle
Parking at Schools” educational program. The Resolution authorizes the execution of the agreement
with CDOT.
7. Second Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management,
and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth
Management Area Boundaries.
On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an
intergovernmental agreement regarding annexations, growth management, and related issues. The
agreement resolved certain differences that had arisen between the City and Town concerning a
variety of planning and growth management issues. The agreement set one-year deadlines for the
parties to amend their Growth Management Area boundaries and for Timnath to exercise an option
to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment
to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA
and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was
approved by the City and Timnath that extended the deadline for the parties to amend their Growth
Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo
property because Timnath decided not to move forward with the purchase. Another extension is
needed, and Ordinance No. 007, 2012, unanimously adopted on First Reading on February 7, 2012,
extends the period of time within which the parties’ Growth Management Area boundaries are to be
amended to February 12, 2013.
8. Second Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital
Projects Fund, Mason Corridor Project for the MAX Bus Rapid Transit Project.
In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX
Bus Rapid Transit Project. Previous Council actions appropriated $54,622,000 of FTA funds, and
$17,366,772 of funding designated for local match. This Ordinance, unanimously adopted on First
Reading on February 7, 2012, appropriates the remaining identified FTA funds of $14,845,076, to
achieve the total $86,833,848 project cost.
9. Second Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting
the Salary of the Municipal Judge.
City Council met in executive session on November 9, 2011, to conduct the performance review of
Municipal Judge Kathleen Lane. Ordinance No. 012, 2012, unanimously adopted on First Reading
on February 7, 2012, establishes the 2012 salary of the Municipal Judge at $95,436.
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10. Second Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting
the Salary of the City Attorney.
City Council met in Executive Session on January 17, 2012 to conduct the performance review of City
Attorney Steve Roy. Ordinance No. 013, 2012, unanimously adopted on First Reading on February
7, 2012, establishes the 2012 salary of the City Attorney at $165,691.
11. Second Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting
the Salary of the City Manager.
City Council met in executive session on November 9, 2011, to conduct the performance review of
City Manager Darin Atteberry. Ordinance No. 014, 2012, unanimously adopted on First Reading on
February 7, 2012, establishes the salary of the City Manager at $197,203.
12. Items Relating to the City’s Traffic Signal System Software.
A. Resolution 2012-007 Authorizing the Execution of an Intergovernmental Agreement Between
the City and the Colorado Department of Transportation to Use Federal Congestion Mitigation
Air Quality Funds for the Purpose of Procuring New Traffic Signal System Software.
B. First Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the Acquisition of New Traffic Signal System Software.
The City’s Traffic Operations Department has been awarded a $248,000 Federal Congestion
Mitigation Air Quality (CMAQ) grant to procure and install new traffic signal system software to replace
existing software in the City’s Traffic Operations Center and in traffic signal controllers at intersections
throughout the City. The current software is aging and the vendor has discontinued support.
Updating the system software provides the ability to utilize new technologies that were not available
previously. The installation process will be done in phases and the old software will be retired, once
full conversion is completed.
13. Items Relating to the North College Improvements Project - Conifer Street to Willox Lane.
A. Resolution 2012-008 Authorizing the Execution of an Intergovernmental Agreement with the
Colorado Department of Transportation for Funding for the North College Improvements
Project - Conifer Street to Willox Lane.
B. First Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the
Capital Projects Fund and Appropriating Prior Year Reserves and Authorizing the Transfer
of Existing Appropriations in the Keep Fort Collins Great Fund for the North College
Improvements Project - Conifer Street to Willox Lane.
The North Front Range Metropolitan Planning Organization (NFRMPO) has awarded the City of Fort
Collins $2,039,000 in federal funds to design improvements, and begin rights-of-way acquisition along
North College Avenue between Conifer Street and Willox Lane. This Resolution authorizes the Mayor
to sign an intergovernmental agreement with the Colorado Department of Transportation (CDOT)
authorizing the City of Fort Collins to receive this funding. The Ordinance will appropriate fiscal year
2012 federal funds into the Capital Project Fund for use on the North College Improvements Project
– Conifer to Willox. Keep Fort Collins Great (KFCG) funds are intended to be used as the local funds
required for the project as per the intergovernmental agreement with CDOT. This project is one of
the highest ranked roadway projects in the City’s Capital Improvements Plan.
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14. Items Relating to the Bryan Bridge Replacement Project.
A. Resolution 2012-009 Authorizing the Execution of an Intergovernmental Agreement Between
the City and the Colorado Department of Transportation in Support of the Bryan Avenue
Bridge Replacement Project.
B. First Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the
Capital Projects Fund for the City Bridge Program Project.
The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-
System Bridge Program. This intergovernmental agreement between the City and Colorado
Department of Transportation (CDOT) is for the replacement of the structurally deficient Bryan Avenue
Bridge over the Larimer County Canal No. 2, located just north of Poudre Fire Authority Fire (PFA)
Station 2 by City Park.
15. Resolution 2012-010 Adopting the Recommendations of the Cultural Resources Board Regarding
Fort Fund Disbursements.
The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide
grants to fund community events. This Resolution will adopt the recommendations from the Cultural
Resources Board to disburse these funds.
16. Resolution 2012-011 Supporting the City’s Application for a Local Parks and Outdoor Recreation
Grant from the State Board of the Great Outdoors Colorado Trust Fund for the Environmental
Education Sites at the Gardens on Spring Creek and Authorizing the Execution of a Grant Agreement.
The Gardens on Spring Creek is currently applying for a $350,000 Great Outdoors Colorado Local
Parks and Outdoor Recreation Grant. Staff is preparing an application for construction of the
Environmental Education Sites at The Gardens. These sites include: (1) Foothills Demonstration Site,
(2) Prairie Demonstration Site, (3) Wetland Demonstration Site, and (4) the Undaunted Garden, a
xeriscape demonstration garden.
As part of the application process, Great Outdoors Colorado requires a resolution which indicates the
City’s support for the project, verifies that matching funds must be secured, that the project will be
maintained in a high quality condition, the land for the project is City-owned, and designates an official
to sign the grant agreement.
17. Resolution 2012-012 Authorizing a Revocable Permit for Lafarge West, Inc. to Access and Complete
Initial Work to Repair a Breach in the Riverbank Within the Archery Range Natural Area.
Lafarge West, Inc. owns and operates the Port of Entry (POE) Gravel Mine adjacent to Running Deer
and Archery Range Natural Areas. During the spring runoff in 2011, Poudre River flows overtopped
the River bank on the northwest corner of the POE Pit and eroded the bank back to the River so
deeply that the River bank was breached and the River was completely diverted through the gravel
mine and back into the River at the southeast corner of the pit. The breach is partially located within
the Archery Range Natural Area. Lafarge has developed a plan to repair the breach and return the
Poudre River to its former channel prior to spring 2011 runoff. The revocable permit is needed to
allow Lafarge access to the City property and begin implementation of the plan within the time frame
being required by the Colorado Division of Reclamation, Mining, and Safety.
18. Resolution 2012-013 Approving a Two Year Extension of the Second Interim Intergovernmental
Agreement among the City, the Downtown Development Authority, the Downtown Business
Association and Progressive Old Town Square, LLC, Regarding the Maintenance and Management
of Old Town Plaza.
This Resolution authorizes the City to extend the current Old Town Plaza maintenance and
management agreement for two years by amending the existing agreement with the Downtown
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Development Authority (DDA), the Downtown Business Association (DBA), and Progressive Old Town
Square, LLC (POTS).
19. Routine Easements.
A. Easement for construction and maintenance of public utilities from PJM7, LLC, to install an
electric switch cabinet, located at 1611 South College Avenue
B. Easement for Johnson Investments, to relocate existing electric duct bank, located on South
College Avenue, Lot 1, Choice Center.
END CONSENT
20. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
21. Staff Reports.
- Canal Importation Ponds and Outfall Project Award
- Airport Update
22. Councilmember Reports.
23. Consideration of Council -Pulled Consent Items.
DISCUSSION ITEMS
The method of debate for discussion items is as follows:
! Mayor introduces the item number and subject; asks if formal presentation will be made
by staff
! Staff presentation (optional)
! Mayor requests citizen comment on the item (five-minute limit for each citizen)
! 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 citizens have an opportunity to speak. Please sign in at the table in the back of the room.
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.
Page 7
24. Second Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in
Chapter 2, Article II, Division 3 of the City Code Relating to the Procedures for Hearing Appeals to
the City Council. (staff: Steve Roy, Karen Cumbo, Ginny Sawyer; 10 minute staff presentation; 45
minute discussion)
This Ordinance, which is being presented on Second Reading, has been modified in several respects
in response to comments and concerns expressed during the public outreach process that has been
conducted since First Reading. The changes include: shortening the previously proposed period of
time within which the hearing on an appeal must be held; clarifying the form of notice of appeal;
eliminating the provision that would have allowed parties-in-interest to file a written response to the
notice of appeal; and changing to the provisions dealing with the introduction and handling of new
evidence. No changes have been made to two of the amendments that were proposed on First
Reading. The amendments that remain the same are: the amendment that would allow a
Councilmember to participate in hearing an appeal even if he or she had filed the appeal, and
amendments related to the site inspection process.
25. Items Relating to Medical Marijuana. (staff: Ginny Sawyer, Jerry Schiager, Medical Marijuana Staff
Team; 5 minute staff presentation; 30 minute discussion)
A. Second Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15,
Division 1, Article XVI of the City Code Relating to Medical Marijuana.
B. Second Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All
References to Medical Marijuana Businesses.
C. Second Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City
Code to Add Additional Provisions Regarding Medical Marijuana Patients and Primary
Caregivers (Option A or Option B).
On Second Reading of Ordinance No. 011, 2012, staff is presenting two options for Council to
consider that deal with the cultivation of medical marijuana in dwelling units that are located in two-
family and multi-family dwellings and their accessory structures. Option A would impose the same
twelve-plant limit for such structures that applies to single-family dwellings. Option B would entirely
prohibit the cultivation of medical marijuana in such structures. Staff is recommending Option A
pending further review of the issue.
At Council’s direction, staff is also exploring a possible amendment to Ordinance No. 010, 2012,
which deals with the permitted uses in various zone districts in the City. This Ordinance, if adopted
“as is” on Second Reading, will eliminate all references to medical marijuana businesses in the Land
Use Code, thereby also eliminating any zone districts in which the cultivation medical marijuana is
specifically permitted. The practical effect of this will be to leave only residential dwelling units as
permissible locations for such cultivation. Staff believes that it will be able to present a
recommendation to the Council on this subject within the next four to six months, following a public
outreach process and review by the Planning and Zoning Board.
These Ordinances were unanimously adopted on First Reading on February 7, 2012.
26. Consideration of Citizen-Pulled Consent Items.
27. Other Business.
28. Adjournment.
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Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced
before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by
majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items
of business. Any matter which has been commenced and is still pending at the conclusion of the Council
meeting, and all matters scheduled for consideration at the meeting which have not yet been considered
by Council, will be continued to the next regular Council meeting and will be placed first on the discussion
agenda for such meeting.
DATE: February 21, 2012
STAFF: Nancy Nichols
Kathleen Bracke
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 6
SUBJECT
Items Relating to the Safe Routes to School Program.
A. Second Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in the
Transportation Services Fund for the FY 2011-12 Safe Routes to School Program.
B. Resolution 2012-006 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation for Infrastructure Funding of the Safe Routes to School Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates a $50,176 federal grant
received through the Colorado Department of Transportation (CDOT) for the FY 2011–12 Safe Routes to School
program. This funding will allow the City of Fort Collins’ Safe Routes to School Program (administered and staffed
by the Transportation Planning Division) to provide new, higher quality bike racks at public schools within the City of
Fort Collins and roll out a new “Bicycle Parking at Schools” educational program. The Resolution authorizes the
execution of the agreement with CDOT.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Nancy Nichols
Kathleen Bracke
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 8
SUBJECT
Second Reading of Ordinance No. 006, 2012, Appropriating Unanticipated Grant Revenue in the Transportation
Services Fund for the FY 2011-12 Safe Routes to School Program.
EXECUTIVE SUMMARY
The City of Fort Collins Transportation Planning Division has received a $50,176 federal grant through the Colorado
Department of Transportation for the FY 2011–12 Safe Routes to School (SRTS) program. This funding will allow the
City of Fort Collins’ Safe Routes to School Program (administered and staffed by the Transportation Planning Division)
to provide new, higher quality bike racks at public schools within the City of Fort Collins and roll out a new “Bicycle
Parking at Schools” educational program.
BACKGROUND / DISCUSSION
The City of Fort Collins Transportation Planning staff develops and administers the local SRTS program. The success
of the program is based on collaborations with local partners, including Poudre School District (PSD), Healthier
Communities Coalition, Bicycle Colorado, Fort Collins Bike Co-op, Bike Fort Collins, various City departments (Traffic
Operations, Police, Engineering, FC Bikes), individual schools, and parents.
This project builds on a long-term partnership between the City and PSD to construct infrastructure improvements to
support walking and bicycling to school. In the past, this has included a complete streets policy, coordination on
sidewalk and bicycle parking provision, and installing signalized pedestrian crosswalks near schools. As a result, Fort
Collins has a growing number of students walking and biking to school.
The federal grant will be utilized as follows:
• Fund installation of 20 new bicycle racks at 10 Poudre School District elementary and middle schools within
the City of Fort Collins.
• Fund a “Bicycle Parking at School” program. The City and PSD will collaborate to teach students how to
efficiently and safely use the new bike rack design.
New Bicycle Racks
Providing convenient, high-quality storage for bicycles is a key component of getting more schoolchildren biking to
school. Most of the grant ($48,595) will fund the installation of 20 new bicycle racks at 10 Poudre School District
elementary and middle schools within the City. The following elementary schools have already been selected: Bacon,
Bauder, Bennett, Dunn and Zach. Lesher Middle School has also been selected. Four additional schools will be
selected in spring 2012 based on recommendations from PSD. The bicycle racks will expand on existing bicycle
parking at these schools.
The project is a pilot program to identify a new design for bicycle racks at elementary and middle schools within PSD.
Currently PSD uses A-frame racks due to ease of use and high capacity. However, these racks are widely known as
“wheel benders” due to the potential for damage to bikes when racks are overfilled, as is the case at many schools.
This project directly supports City Plan and the City’s Transportation Master Plan:
City Plan: Policy SW 2.3 - Support Active Transportation
Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
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February 7, 2012 -2- ITEM 8
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe
use, as outlined in the Pedestrian Plan and Bicycle Plan.
Transportation Master Plan: Policy T 8.1 – Support Active Transportation
Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike
and pedestrian safety education and encouragement programs, providing law enforcement, and
maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use.
The City has received national recognition as a gold-level Bicycle-Friendly Community from the League of American
Bicyclists (LAB). With so many cyclists in the community, the City and LAB have noted a major obstacle to continued
growth is end-of-trip facilities, including bike racks at schools. This project helps mitigate this issue in the community.
In addition to the bike racks, the project includes funding for installation pads when necessary (concrete pads to install
bolts). After installation, PSD Facility Services will maintain the bike racks; maintenance funding is dedicated in the
PSD operating budget.
“Bicycle Parking at School” Program
The grant will also fund an educational component, a “Bicycle Parking at School” program ($1,581 of the total grant).
The City’s new SRTS coordinator will collaborate with individual schools to educate students how to efficiently and
safely use the new bike rack design. School staff in charge of morning and afternoon supervision will assist with the
training. Students will learn, as they park their bicycles, how to properly load and unload bikes with respect for their
own and others’ bicycles. They will also learn how to safely secure their bikes to the racks to avoid theft. Spring Bike
to School Day will offer another opportunity to provide education on using the bike racks. In coordination with the non-
infrastructure SRTS program, the City and PSD hosts Spring Bike to School Day. As a part of this event, the City and
PSD will create encouragement activities specific to the new bike racks, such as a ribbon cutting with the principal and
parent-teacher organization president and bike decoration for students.
FINANCIAL / ECONOMIC IMPACTS
A bicycle is an economic investment for a family. If there is the potential that this investment may be damaged due
to the design and capacity of a bicycle rack, parents may be less enthusiastic about allowing their children to bike to
school. High-quality bike parking encourages more families to make this investment in active transportation. Many
of the bikes used by local schoolchildren are purchased at local bike shops, boosting the local economy as well.
The Colorado Department of Transportation (CDOT) is providing 100 percent of the funds for this project, with no
required local match. The funds will be allocated as outlined in the City Engineering Cost Estimate/CDOT-Approved
Scope of Work.
A purchase order from CDOT will identify a “start date” when the City can begin utilizing the grant funds. This date is
expected to be in March 2012.
ENVIRONMENTAL IMPACTS
More and more, public-health and environmental agencies are recognizing the connection between active
transportation alternatives and improved health of both people and the environment.
According to the Centers for Disease Control and Prevention:
“Expanding the availability of, safety for, and access to a variety of transportation options and
integrating health-enhancing choices into transportation policy has the potential to save lives by
preventing chronic diseases, reducing and preventing motor-vehicle-related injury and deaths,
improving environmental health, while stimulating economic development and ensuring access for
all people.
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February 7, 2012 -3- ITEM 8
With this goal in mind, the Centers for Disease Control and Prevention (CDC) has identified
transportation policies that can have a profound positive impact on health. CDC supports strategies
that can provide a balanced portfolio of transportation choices that supports health and reduces
healthcare costs. Transportation policies can:
• Reduce injuries associated with motor vehicle crashes
• Encourage healthy community design
• Promote safe and convenient opportunities for physical activity by supporting active
transportation infrastructure
• Reduce human exposure to air pollution and adverse health impacts associated with these
pollutants
• Ensure that all people have access to safe, healthy, convenient, and affordable transportation.”
Promoting active transportation to and from school will help reduce air pollution around schools as more students walk
or bike to school rather than get dropped off by motor vehicles. Programs such as SRTS, which promote safe, active
transportation, reduce pollution throughout the community while also promoting healthier, active lifestyles.
Project engineering will conform to PSD Sustainable Design Guidelines.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Bicycle Advisory Committee reviewed the 2011-12 SRTS grant application at its November 8, 2010, meeting prior
to submittal to CDOT. The BAC did not provide any comments at the meeting, but was invited to share any additional
thoughts with City staff via email. No additional comments were received.
PUBLIC OUTREACH
The 2011-12 SRTS infrastructure grant application was developed and written by the City’s Transportation Planning
staff with input from PSD, including its SRTS liaison and its facilities team. Input was also received from the Bicycle
and Pedestrian Education Coalition (BPEC), part of the Healthier Communities Coalition.
Public outreach began in early 2011 with a news release about the grant. Outreach will continue throughout the
remaining 2011–12 school year and the fall semester of the 2012–13 school year. Student, teacher, parent, and
principal feedback will be used to refine the current and future programs to be responsive to community needs.
ATTACHMENTS
1. City and CDOT Intergovernmental Agreement
2. Example of New Bike Rack Design
3. Photos of Existing Bike Racks at PSD Schools
4. PSD Letter of Responsibility
5. City Engineering Cost Estimate (CDOT-Approved Scope of Work)
6. Bicycle Advisory Committee minutes, November 8, 2010
ORDINANCE NO. 006, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE
TRANSPORTATION SERVICES FUND FOR THE FY 2011-2012
SAFE ROUTES TO SCHOOL PROGRAM
WHEREAS, the Safe Routes to School Program established by the Colorado Department of
Transportation (“CDOT”) is designed to promote the safety of students traveling to and from school
and to encourage more students to choose walking or bicycling to and from school; and
WHEREAS, the City’s Transportation Planning Division has received a Safe Routes to
School Program (the “Program”) grant in the amount of $50,176 from CDOT to provide new, higher
quality bike racks at public schools within the City and to initiate a new “Bicycle Parking at
Schools” educational program; and
WHEREAS, twenty new bicycle racks will be installed at ten Poudre School District
elementary and middle schools and the City and Poudre School District will collaborate on teaching
students how to efficiently and safely use the new bike rack design; and
WHEREAS, there is no requirement for local matching funds associated with the Program;
and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of grant funds totaling $50,176
will not cause the total amount appropriated in the Transportation Services Fund - FY 2011-2012
Safe Routes to School program to exceed the current estimate of actual and anticipated revenues
to be received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated grant revenue in the
Transportation Services Fund the sum of FIFTY THOUSAND ONE HUNDRED SEVENTY-SIX
DOLLARS ($50,176) to provide new, higher quality bike racks at public schools within the City of
Fort Collins and to initiate a new “Bicycle Parking at Schools” educational program.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
RESOLUTION 2012-006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY
AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
INFRASTRUCTURE FUNDING OF THE SAFE ROUTES TO SCHOOL PROGRAM
WHEREAS, federal funds in the amount of $50,176 have been made available to the City
from the Colorado Department of Transportation (CDOT) for the fiscal year 2011/2012 Safe Routes
to School Program; and
WHEREAS, this funding will allow the City’s “Safe Routes to School Program” to provide
new higher quality bike racks at public schools within the City and to establish a new “Bicycle
Parking at Schools” educational program; and
WHEREAS, the City Council has determined that the grant of $50,176 from CDOT to the
City in support of the Safe Routes to School Program is in the bests of the City and that the Mayor
should be authorized to execute an intergovernmental agreement between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with
CDOT for the purpose of acquiring $50,176 in federal funds to support the “Safe Routes to School
Program” and to institute a new “Bicycle Parking at Schools” educational program.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
DATE: February 21, 2012
STAFF: Darin Atteberry
Steve Roy
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 7
SUBJECT
Second Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins-Timnath
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues,
Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries.
EXECUTIVE SUMMARY
On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement
regarding annexations, growth management, and related issues. The agreement resolved certain differences that had
arisen between the City and Town concerning a variety of planning and growth management issues. The agreement
set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to
exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment
to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath
to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath
that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references
to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the
purchase. Another extension is needed, and Ordinance No. 007, 2012, unanimously adopted on First Reading on
February 7, 2012, extends the period of time within which the parties’ Growth Management Area boundaries are to
be amended to February 12, 2013.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Darin Atteberry
Steve Roy
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 9
SUBJECT
First Reading of Ordinance No. 007, 2012, Approving a Third Amendment to the Fort Collins-Timnath
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues,
Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries.
EXECUTIVE SUMMARY
On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement
regarding annexations, growth management, and related issues. The agreement resolved certain differences that had
arisen between the City and Town concerning a variety of planning and growth management issues. The agreement
set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to
exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment
to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath
to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath
that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references
to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the
purchase. Another extension is needed, and Ordinance No. 007, 2012, will extend the period of time within which the
parties’ Growth Management Area boundaries are to be amended for an additional year.
BACKGROUND / DISCUSSION
In February 2009, the City Council adopted Ordinance No. 011, 2009, approving an intergovernmental agreement
between the City of Fort Collins and the Town of Timnath regarding Growth Management Areas (GMAs) for the two
communities and associated issues authorizing the disposition of certain properties (the “Intergovernmental
Agreement”). On February 17, 2009, the Intergovernmental Agreement was signed by both parties.
Section 2.2 of the Fort Collins-Timnath IGA deals with the City's GMA boundary. Specifically, Section 2.2(b) states
that the City shall within one year (by February 17, 2010) seek approval by Larimer County of an amendment to the
Fort Collins-Larimer County IGA changing the Fort Collins GMA boundary to be consistent with the boundary contained
in the Fort Collins-Timnath IGA. Section 2.2(b) goes on to say, "...irrespective of whether or not Larimer County
approves such amendment, Fort Collins shall within the same period of time (by February 17, 2010) take all actions
necessary to amend the boundaries of the Fort Collins GMA as it exists independently of the Intergovernmental
Agreement between Fort Collins and Larimer County..."
The City’s IGA with the County also establishes boundaries for the Fort Collins Growth Management Area (“FCGMA”).
The boundaries in that agreement conflict with the boundaries established in the Intergovernmental Agreement. In
addition, the City/County IGA states that Fort Collins will not amend its GMA boundaries without the consent of the
County. The County has expressed concerns about amending the FCGMA as proposed by the Intergovernmental
Agreement and having to provide urban level services on a long-term basis to areas which were, under the City/County
IGA, to be annexed into Fort Collins.
Because of the conflicting obligations of Fort Collins under these two agreements, Fort Collins requested in late 2009
that Timnath agree to extend the deadline imposed by the Intergovernmental Agreement upon Fort Collins pursuant
to Section 2.2(b) of the Intergovernmental Agreement for six months (with the possible extension for an additional six
months) to afford Timnath and Larimer County adequate time to resolve their differences and come to agreement
about the Timnath/Fort Collins growth management area boundary. In return, Timnath asked for an extension of
Article 6 of the IGA, which gives Timnath an option to purchase the Vangbo property from Fort Collins. Therefore, in
February 2010, the City and the Town approved a First Amendment to the IGA which extended both deadlines.
COPY
COPY
COPY
COPY
February 7, 2012 -2- ITEM 9
In February 2011, the City Council approved a Second Amendment to the IGA that extended the deadline for the
parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase
of the Vangbo property because Timnath decided not to move forward with the purchase.
Since that time, Timnath has been faced with a number of pressing issues that have made it difficult for Town officials
to bring to closure their discussions with the City, the County and affected property owners to resolve the County’s
concerns about the provision of urban level services to the properties that will be removed from the City’s GMA and
placed in Timnath’s GMA. Therefore, the parties have agreed to an additional one-year extension of the period of time
within which the Fort Collins and Timnath GMA boundaries will be amended. Timnath has also agreed that, within the
same period of time, it will actively pursue County approval of its own GMA with a western boundary that is consistent
with the Intergovernmental Agreement. On January 24, 2012, the Timnath Town Council adopted an Ordinance on
First Reading (see Attachment 1) adopting the third amendment to the Intergovernmental Agreement; Second Reading
is scheduled for February 14, 2012.
The extension agreement approved by this Ordinance extends the deadline for GMA boundary amendments for an
additional year (until February 12, 2013).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENTS
1. Town of Timnath Ordinance Approving A Third Amendment to the February 17, 2009 Intergovernmental
Agreement Entered Into Between The Town Of Timnath And The City Of Fort Collins
ORDINANCE NO. 007, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A THIRD AMENDMENT TO THE
FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT
REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT,
AND RELATED ISSUES, EXTENDING THE DEADLINES FOR THE CITY AND
TOWN TO AMEND THEIR GROWTH MANAGEMENT AREA BOUNDARIES
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related issues, which
agreement resolved certain differences that had arisen between the parties regarding a variety of
planning and growth management issues (the “Intergovernmental Agreement”); and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by February
17, 2010, Fort Collins seek the approval of Larimer County to amend the boundaries of the Fort
Collins Growth Management Area (the “FCGMA”) to match the boundaries that are specified in the
Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that
irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins
shall, within the same period of time, take all actions necessary to amend the boundaries of the
FCGMA independently of the intergovernmental agreement between Fort Collins and Larimer
County dated November 21, 2000 (the “City/County IGA”); and
WHEREAS, Section 2.3(b) of the Intergovernmental Agreement contains a similar provision
stating that Timnath shall, within one year, amend the boundaries of its Growth Management Area
(the “TGMA”) match the boundaries that are specified in the Intergovernmental Agreement; and
WHEREAS, due to a number of extenuating circumstances, the parties have not yet been
able to accomplish the amendment of their respective growth management area boundaries; and
WHEREAS, on March 3, 2010, the parties executed a First Amendment to
Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment
to Intergovernmental Agreement, both of which extended the periods of time within which Fort
Collins was to amend the FCGMA; and
WHEREAS, the parties wish to execute a third amendment to the Intergovernmental
Agreement to extend until February 12, 2013, the period of time within which both parties will
amend the boundaries of their growth management areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into a Third Amendment to the
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and
Related Issues in substantially the form attached hereto as Exhibit “A”, with such additional 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 purpose of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(“Amendment”) is made and entered into this ____ day of ______, 2012, by and between THE
TOWN OF TIMNATH, COLORADO, a Colorado home rule town (hereinafter referred to as
“Timnath”), and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule
municipal corporation (hereinafter referred to as “Fort Collins”).
RECITALS
WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an
intergovernmental agreement relating to annexation, growth management and related issues,
which agreement resolved certain differences that had arisen between the parties regarding a
variety of planning and growth management issues (the “Intergovernmental Agreement”); and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by
February 17, 2010, Fort Collins seek the approval of Larimer County to amend the boundaries of
the Fort Collins Growth Management Area (the “FCGMA”) to match the boundaries that are
specified in the Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that
irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins
shall, within the same period of time, take all actions necessary to amend the boundaries of the
FCGMA independently of the intergovernmental agreement between Fort Collins and Larimer
County dated November 21, 2000 (the “City/County IGA”); and
WHEREAS, Section 2.3(b) of the Intergovernmental Agreement contains a similar
provision stating that Timnath shall, within one year, amend the boundaries of its Growth
Management Area (the “TGMA”) match the boundaries that are specified in the
Intergovernmental Agreement; and
WHEREAS, due to a number of extenuating circumstances, the parties have not yet been
able to accomplish the amendment of their respective growth management area boundaries; and
WHEREAS, on March 3, 2010, the parties executed a First Amendment to
Intergovernmental Agreement and on February 2, 2011, the parties executed a Second
Amendment to Intergovernmental Agreement, both of which extended the periods of time within
which Fort Collins was to amend the FCGMA; and
WHEREAS, the parties wish to execute a third amendment to the Intergovernmental
Agreement to extend until February 12, 2013, the period of time within which both parties will
amend the boundaries of their growth management areas.
Page 1 of 3
EXHIBIT A
NOW, THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. Section 2.2(b) of the Intergovernmental Agreement is hereby amended to extend
the period of time within which Fort Collins must amend the FCGMA, so that such Section reads
in its entirety as follows:
(b) Fort Collins shall seek the approval of Larimer County to amend
the boundaries of the FCGMA in accordance with Section 2.2(a) above. In
addition, and irrespective of whether or not Larimer County approves such
amendment, Fort Collins shall, on or before February 12, 2013, take all actions
necessary to amend those boundaries to the FCGMA as it exists independently of
the Intergovernmental Agreement between Fort Collins and Larimer County,
Colorado dated November 21, 2000, to conform the FCGMA to the limitations of
Section 2.2(a) above, it being the intention of and agreement of the parties that
the requirements of Section 2.1 shall apply to the (as hereby described and
amended) FCGMA boundaries irrespective of any action by Larimer County.
2. Section 2.3(b) of the Intergovernmental Agreement is hereby amended to extend
the period of time within which Timnath must amend the TGMA, so that such Section reads in
its entirety as follows:
(b) Timnath shall amend the TGMA in accordance with Section 2.3(a)
above on or before February 12, 2013.
3. No Further Modification. Except as expressly amended by this Amendment,
the Intergovernmental Agreement is unmodified and shall continue in full force and effect.
4. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment
shall be binding upon them.
5. Amendments. This Amendment may only be amended, changed, modified or
altered in writing, signed by both parties hereto.
6. Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
7. Jointly Drafted; Rules of Construction. The parties hereto agree that this
Amendment was jointly drafted, and, therefore, waive the application of any law, regulation,
holding or rule of construction providing that ambiguities in an agreement or other document
will be construed against the party drafting such agreement or document.
8. Defined Terms. Capitalized terms used in this Agreement but not otherwise
defined herein shall have the meanings set forth in the Intergovernmental Agreement.
Page 2 of 3
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
THE TOWN OF TIMNATH, COLORADO
By: ____________________________________
Mayor
ATTEST:
________________________
Town Clerk
APPROVED AS TO FORM
________________________
Town Attorney
THE CITY OF FORT COLLINS, COLORADO
By: ____________________________________
Mayor
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM
________________________
City Attorney
Page 3 of 3
DATE: February 21, 2012
STAFF: Helen Migchelbrink
Kurt Ravenschlag
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 8
SUBJECT
Second Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund,
Mason Corridor Project for the MAX Bus Rapid Transit Project.
EXECUTIVE SUMMARY
In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid
Transit Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding
designated for local match. This Ordinance, unanimously adopted on First Reading on February 7, 2012, appropriates
the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012
(w/o attachments)
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Helen Migchelbrink
Kurt Ravenschlag
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
Items Relating to the Mason Corridor Bus Rapid Transit Project.
A. Resolution 2012-005 Authorizing the Execution of a Project Construction Grant Agreement between the City
and the Federal Transit Administration for the Construction of the Mason Corridor (MAX) Bus Rapid Transit
Project.
B. First Reading of Ordinance No. 008, 2012, Appropriating Unanticipated Revenue in the Capital Projects Fund,
Mason Corridor Project for the MAX Bus Rapid Transit Project.
EXECUTIVE SUMMARY
In 2009, the Federal Transit Administration (FTA) approved Small Starts funding to construct the MAX Bus Rapid
Transit (BRT) Project. Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of funding
designated for local match. This Ordinance appropriates the remaining identified FTA funds of $14,845,076, to achieve
the total $86,833,848 project cost. This Resolution authorizes the execution of the final contract for the Project
Construction Grant Agreement with the FTA.
BACKGROUND / DISCUSSION
The MAX Bus Rapid Transit Project is a north-south bus system located in the central area of Fort Collins. The Project
extends from the Downtown Transit Center at Maple Street to approximately 1/4 mile south of Harmony Road, with
a total length of approximately five miles. The BRT system is proposed within an exclusive bus-only guideway for 2.8
miles, with the remaining 2.2 miles intermixed with street traffic on portions of existing McClelland Drive and North
Mason Street. Along the entire length of the corridor, the BRT system runs parallel to the existing Burlington Northern
Santa Fe (BNSF) railroad tracks. The BRT system is just west of, and parallel to, College Avenue (US 287). Within
the BRT travel-way, there will be two Transit Centers and twelve stations/stops, including six park and ride locations.
The Project includes improvements to the existing Downtown Transit Center (the northern terminus for the BRT) and
the construction of the new South Transit Center (the southern terminus for the BRT). Lastly, the Project includes
expansion of the existing Transfort Maintenance Facility to accommodate six new exclusive BRT buses.
The implementation of the MAX BRT is an essential step to achieving the Transfort transit system vision. Removing
bus traffic from the highly congested College Avenue corridor and creating an exclusive guideway will provide the
backbone for the future transit system. The MAX BRT will provide the essential infrastructure to redesign the transit
system to improve effectiveness.
Project Schedule:
FTA Design Review: January 2012
Release Bid: February 2012
Begin Construction: Spring 2012
Begin Revenue Operations: Spring 2014
FINANCIAL / ECONOMIC IMPACTS
This Project Construction Grant Agreement between the Federal Transit Administration (FTA) and the City of Fort
Collins is for construction and acquisition of the Mason Corridor Bus Rapid Transit (MAX) Project. The Grant provides
for 80% of the funding from FTA, and 20% from Local Match:
80% FTA $69,467,076
20% Local Match $17,366,772
Total Project $86,833,848
COPY
COPY
COPY
COPY
February 7, 2012 -2- ITEM 16
Previous Council actions appropriated $54,622,000 of FTA funds, and $17,366,772 of Local Match. This Ordinance
appropriates the remaining identified FTA funds of $14,845,076, to achieve the total $86,833,848 project cost. The
Project Construction Grant Agreement is expected to be finalized in May 2012.
ENVIRONMENTAL IMPACTS
The construction of the MAX system was included in the National Environmental Policy Act (NEPA) Environmental
Assessment for the Mason Corridor Bus Rapid Transit Project. On September 9, 2008, the Federal Transit
Administration declared a Finding of No Significant Impact (FONSI) would result from the construction and operation
of the MAX Bus Rapid Transit Project. On December 21, 2010, the FTA affirmed that the 2008 EA and 2008 FONSI
are valid, and the changes in final design documented in the 2010 Environmental Re-Evaluation serve to amend the
2008 EA and 2008 FONSI.
The Environmental Assessment analyzed impacts on the following categories:
Land Use and Zoning Wildlife/Ecological Vegetation
Social Conditions Threatened and Endangered Species Noxious Weeds
Economic Conditions Visual Quality Construction
Environmental Justice Cultural Resources Transportation
Right-of-way Hazardous Materials
Air Quality Parks and Recreation Resources
Noise and Vibration Farmland
Water Resources and Water Quality Public Safety and Security
Wetlands Cumulative Impacts
Flooding and Floodplain Management
For more detailed information concerning the environmental impacts and mitigation measures, please refer to the
Mason Corridor Environmental Assessment located at: www.fcgov.com/mason/environment.php.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On September 20, 2000, the Transportation Board unanimously voted to approve the Mason Street Corridor Master
Plan, which included plans for the purchase of BRT buses and construction of the MAX transit route. Since 2000, staff
has regularly updated the Transportation Board regarding the progress of the Mason Corridor, most recently on May
18, 2011.
PUBLIC OUTREACH
Significant public outreach has been conducted since 1998 for the Mason Corridor project. The most recent public
outreach event was an open house held November 17, 2011. Information related to the scope, budget, alignment,
and two-way conversion of Mason Street were presented.
ATTACHMENTS
1. Project location map MAX Bus Rapid Transit
2 Project Construction Grant Agreement between Federal Transit Administration and City of Fort Collins
3 Transportation Board minutes, September 20, 2000
4 Transportation Board minutes, May 18, 2011
5. Powerpoint presentation
ORDINANCE NO. 008, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND,
MASON CORRIDOR PROJECT FOR THE MAX BUS RAPID TRANSIT PROJECT
WHEREAS, the MAX Bus Rapid Transit project (“MAX”) is a five-mile, north-south byway
extending from Cherry Street to approximately one quarter mile south of Harmony Road; and
WHEREAS, the City was awarded a grant from the Federal Transit Administration (“FTA”)
for the MAX project (the “Grant”); and
WHEREAS, MAX includes six park-n-ride locations, twelve stations/stops, and two transit
centers; and
WHEREAS, the MAX project also includes improvements to the existing Downtown Transit
Center, construction of the new South Transit Center, and expansion of the existing Transfort
maintenance facility to accommodate six new BRT buses; and
WHEREAS, the City Council adopted Resolution 2012-005 authorizing the Mayor to sign
the Project Construction Grant Agreement between the City and the FTA for the construction of the
MAX project; and
WHEREAS, the total construction cost for the MAX project is $86,833,848; and
WHEREAS, the Grant provides that 80% of the MAX project funding will come from the
FTA and 20% will come from local matching funds; and
WHEREAS, this Ordinance appropriates the remaining FTA funds of $14,845,076 resulting
in the total appropriated amount of $86,833,848 for the MAX project; and
WHEREAS, Article V, Section 9, of the City Charter authorizes the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the Grant funds will not
cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of
actual and anticipated revenues to be received in that fund during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund
the sum of FOURTEEN MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND SEVENTY-
SIX DOLLARS ($14,845,076) for expenditure in the Capital Projects Fund, Mason Corridor Project
for the MAX Bus Rapid Transit Project.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: February 21, 2012
STAFF: Janet Miller
Amy Sharkey
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 9
SUBJECT
Second Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the
Municipal Judge.
EXECUTIVE SUMMARY
City Council met in executive session on November 9, 2011, to conduct the performance review of Municipal Judge
Kathleen Lane. Ordinance No. 012, 2012, unanimously adopted on First Reading on February 7, 2012, establishes
the 2012 salary of the Municipal Judge at $95,436.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012
2. Comparison of 2011 and 2012 Total Compensation
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Janet Miller
Amy Sharkey
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 18
SUBJECT
First Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the Salary of the
Municipal Judge.
EXECUTIVE SUMMARY
City Council met in executive session on November 9, 2011, to conduct the performance review of Municipal Judge
Kathleen Lane. Ordinance No. 012, 2012, establishes the 2012 salary of the Municipal Judge.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and understandable.
The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal the City Council and the Municipal Judge meet twice a year to discuss performance
and set goals for the coming year.
In 2011, the total compensation paid to the Municipal Judge included the following:
2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary (0.8 FTE)
Medical Insurance
Dental Insurance
Life Insurance
Long Term Disability
ICMA (457)
ICMA (401)
$ 93,045
8,400
552
164
339
2,791
9,305
Vacation (30 days per year)
Holidays (11 days per year)
Total Monetary Compensation $ 114,596
Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney,
and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge
will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the
first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2012 salary.
STAFF RECOMMENDATION
Not applicable.
ATTACHMENTS
1. Powerpoint presentation
Prepared by Human Resources
February 7, 2012
Municipal Judge
Monetary Monetary
Base Salary 93,045 Base Salary 95,436
Medical Insurance 8,400 Medical Insurance 8,640
Dental Insurance 552 Dental Insurance 588
Life Insurance 164 Life Insurance 167
Long Term Disability 339 Long Term Disability 401
ICMA 457 2,791 ICMA 457 2,863
ICMA 401 9,305 ICMA 401 9,544
Non-Monetary Non-Monetary
Vacation 30 days Vacation 30 days
Holiday 11 days Holiday 11 days
One-Time Perf Award $1,125
Total Compensation 114,596 Total Compensation 118,764
Percent Increase 2.57%
2011 (.8 FTE) Projected 2012 (.8 FTE)
ATTACHMENT 2
ORDINANCE NO. 012, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-606 OF THE CODE
OF THE CITY OF FORT COLLINS AND
SETTING THE SALARY OF THE MUNICIPAL JUDGE
WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council (the
“Council”) is responsible for fixing the compensation of the Municipal Judge; and
WHEREAS, the City of Fort Collins is committed to compensating its employees in a
manner which is fair, competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes
not only base salary but also deferred compensation payments, vacation and holiday leave, and
amounts paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, each year the Council conducts a review of the past year's performance and
the next year’s goals of the Municipal Judge; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data, and is adjusting the salary of the
Municipal Judge to bring that salary more in line with the appropriate market data; and
WHEREAS, the City’s philosophy is to reward performance that meets or exceeds
expectations; and
WHEREAS, in lieu of additional market adjustments or merit increases, the City is
making one-time performance awards to employees who meet or exceed performance
expectations; and
WHEREAS, the Council has determined that the base salary of the Municipal Judge
should be established at the amount of $95,436, effective January 9, 2012, so that the total
compensation paid to the Municipal Judge in 2012 will be in the amount of $118,764.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 2-606 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-606. Salary of the Municipal Judge.
The base salary to be paid to the Municipal Judge for working 0.8 FTE shall be
ninety-five thousand four hundred thirty-six dollars ($95,436.) per annum,
payable in biweekly installments, which sum shall be charged to general
government expense.
Section 2. The Municipal Judge shall receive a one-time performance incentive
award for 2011 performance in the amount of $1,125.
Section 3. That the effective date of the salary adjustment and one-time performance
incentive award shall be January 9, 2012.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: February 21, 2012
STAFF: Janet Miller
Amy Sharkey
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 10
SUBJECT
Second Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the
City Attorney.
EXECUTIVE SUMMARY
City Council met in Executive Session on January 17, 2012 to conduct the performance review of City Attorney Steve
Roy. Ordinance No. 013, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the 2012
salary of the City Attorney at $165,691.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012
2. Comparison of 2011 and 2012 Total Compensation
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Janet Miller
Amy Sharkey
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 19
SUBJECT
First Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the Salary of the City
Attorney.
EXECUTIVE SUMMARY
City Council met in Executive Session on January 17, 2012 to conduct the performance review of City Attorney Steve
Roy. Ordinance No. 013, 2012, establishes the 2012 salary of the City Attorney.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and understandable.
The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss performance and
set goals for the coming year.
In 2011, the total compensation paid to the City Attorney included the following:
2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary
Medical Insurance
Dental Insurance
Life Insurance
Long Term Disability
ICMA (457)
ICMA (401)
$ 161,650
8,400
552
282
590
4,850
16,165
Vacation (32.5 days per year)
Holidays (11 days per year)
Total Monetary Compensation $ 192,489
Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney,
and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge
will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the
first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Attorney Roy’s 2012
salary.
STAFF RECOMMENDATION
Not applicable.
Prepared by Human Resources
February 7, 2012
City Attorney
Monetary Monetary
Base Salary 161,650 Base Salary 165,691
Medical Insurance 8,400 Medical Insurance 8,640
Dental Insurance 552 Dental Insurance 588
Life Insurance 282 Life Insurance 289
Long Term Disability 590 Long Term Disability 696
ICMA 457 4,850 ICMA 457 4,971
ICMA 401 16,165 ICMA 401 16,569
Non-Monetary Non-Monetary
Vacation 32.5 Vacation 32.5
Holiday 11 days Holiday 11 days
One-Time Perf Award $1,125
Total Compensation 192,489 Total Compensation 198,569
Percent Increase 2.50%
2011 Projected 2012
ATTACHMENT 2
ORDINANCE NO. 013, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE
OF THE CITY OF FORT COLLINS AND
SETTING THE SALARY OF THE CITY ATTORNEY
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council (the
“Council”) is responsible for fixing the compensation of the City Attorney; and
WHEREAS, the City is committed to compensating its employees in a manner which is fair,
competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes not
only base salary but also deferred compensation payments, vacation and holiday leave, and amounts
paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, the City Council met with the City Attorney to conduct a review and establish
next year’s goals; and
WHEREAS, the City Council supports a compensation philosophy of paying employees a
competitive salary based on established market data, and is adjusting the salary of the City Attorney
to bring that salary more in line with the appropriate market data; and
WHEREAS, the City’s philosophy is to reward performance that meets or exceeds
expectations; and
WHEREAS, in lieu of additional market adjustments or merit increases, the City is making
one-time performance awards to employees who meet or exceed performance expectations; and
WHEREAS, the City Council believes that the base salary of the City Attorney should be
established at the amount of $165,691 effective January 9, 2012, so that the total compensation paid
to the City Attorney in 2012 will be in the amount of $198,569.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-581 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the City Attorney shall be one hundred sixty-five
thousand six hundred ninety-one dollars ($165,691.) per annum, payable in biweekly
installments. Sixty (60) percent of such sum shall be charged to general government
expense, twenty (20) percent to the city water utility and twenty (20) percent to the
city electric utility.
Section 2. The City Attorney shall receive a one-time performance incentive award for
2011 performance in the amount of $1,125.
Section 3. That the effective date of the salary adjustment and one-time performance
incentive award shall be January 9, 2012.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: February 21, 2012
STAFF: Janet Miller
Amy Sharkey
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
Second Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the
City Manager.
EXECUTIVE SUMMARY
City Council met in executive session on November 9, 2011, to conduct the performance review of City Manager Darin
Atteberry. Ordinance No. 014, 2012, unanimously adopted on First Reading on February 7, 2012, establishes the
salary of the City Manager at $197,203.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012
2. Comparison of 2011 and 2012 Total Compensation
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Janet Miller
Amy Sharkey
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 20
SUBJECT
First Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the City
Manager.
EXECUTIVE SUMMARY
City Council met in executive session on November 9, 2011, to conduct the performance review of City Manager Darin
Atteberry. Ordinance No. 014, 2012, establishes the salary of the City Manager.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and understandable.
The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss performance and
set goals for the coming year.
In 2011, the total compensation paid to the City Manager included the following:
2011 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS
Salary
Medical Insurance
Dental Insurance
Life Insurance
Long Term Disability
ICMA (457)
ICMA (401)
Car Allowance
$ 190,571
8,400
552
332
696
5,717
19,057
9,000
Vacation (30 days per year)
Holidays (11 days per year)
Total Monetary Compensation $ 234,325
Resolution 2006-124, which establishes the process for evaluating the performance of the City Manager, City Attorney,
and Municipal Judge states that any change in compensation for the City Manager, City Attorney and Municipal Judge
will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the
first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin
Atteberry’s 2012 salary.
STAFF RECOMMENDATION
Not applicable.
Prepared by Human Resources
February 7, 2012
City Manager
Monetary Monetary
Base Salary 190,571 Base Salary 197,203
Medical Insurance 8,400 Medical Insurance 8,640
Dental Insurance 552 Dental Insurance 588
Life Insurance 332 Life Insurance 345
Long Term Disability 696 Long Term Disability 828
ICMA 457 5,717 ICMA 457 5,916
ICMA 401 19,057 ICMA 401 19,720
Car Allowance 9,000 Car Allowance 9,000
Non-Monetary Non-Monetary
Vacation 30 days Vacation 30 days
Holiday 11 days Holiday 11 days
One-Time Perf Award $1,125
Total Compensation 234,325 Total Compensation 243,365
Percent Increase 3.48%
2011 Projected 2012
ATTACHMENT 2
ORDINANCE NO. 014, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-596 OF THE CODE
OF THE CITY OF FORT COLLINS AND
SETTING THE SALARY OF THE CITY MANAGER
WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Manager; and
WHEREAS, the City is committed to compensating its employees in a manner which is
fair, competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes
not only base salary but also deferred compensation payments, vacation and holiday leave, and
amounts paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, the City Council met with the City Manager to conduct a review and
establish next year’s goals; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data, and is adjusting the salary of the City
Manager to bring that salary more in line with the appropriate market data; and
WHEREAS, the City’s philosophy is to reward performance that meets or exceeds
expectations; and
WHEREAS, in lieu of additional market adjustments or merit increases, the City is
making one-time performance awards to employees who meet or exceed performance
expectations; and
WHEREAS, the City Council believes that the base salary of the City Manager should be
established at the amount of $197,203 effective January 9, 2012, so that the total compensation
paid to the City Manager in 2012 will be in the amount of $243,365.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 2-596 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-596. Salary of the City Manager.
The base salary to be paid the City Manager shall be one hundred ninety-seven
thousand two hundred three dollars ($197,203.) per annum, payable in biweekly
installments. Forty (40) percent of such sum shall be charged to the city electric
utility, twenty (20) percent to the city water utility and forty (40) percent to
general government expense.
Section 2. The City Manager shall receive a one-time performance incentive award
for 2011 performance in the amount of $1,125.
Section 3. That the effective date of the salary adjustment and one-time performance
incentive award shall be January 9, 2012.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
DATE: February 21, 2012
STAFF: Ward Stanford
Joe Olson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
Items Relating to the City’s Traffic Signal System Software.
A. Resolution 2012-007 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation to Use Federal Congestion Mitigation Air Quality Funds for the
Purpose of Procuring New Traffic Signal System Software.
B. First Reading of Ordinance No. 015, 2012, Appropriating Unanticipated Grant Revenue in the Transportation
Services Fund for the Acquisition of New Traffic Signal System Software.
EXECUTIVE SUMMARY
The City’s Traffic Operations Department has been awarded a $248,000 Federal Congestion Mitigation Air Quality
(CMAQ) grant to procure and install new traffic signal system software to replace existing software in the City’s Traffic
Operations Center and in traffic signal controllers at intersections throughout the City. The current software is aging
and the vendor has discontinued support. Updating the system software provides the ability to utilize new technologies
that were not available previously. The installation process will be done in phases and the old software will be retired,
once full conversion is completed.
BACKGROUND / DISCUSSION
The City currently utilizes traffic signal system software developed in the late 1990s and early 2000s. The current
system began initial operation in 2003, with full implementation by 2005. Over time, operational issues have surfaced
that interfere with the system’s effectiveness. Specifically, there are issues in maintaining signal coordination;
uploading and downloading timing data, logging events, implementing holiday plans; and transitioning in/out of
preemption. In addition, important features such as signal monitoring, vehicle detector monitoring, and data archiving
are limited. The current system vendor has announced that it has developed new proprietary software and that no
additional upgrades are planned for the software operated by the City. Without software upgrades targeted at those
significant issues, the current system does not have a path forward.
Traffic management software has progressed technologically in many significant ways. GIS based mapping, web
based interfaces, enhanced security, enhanced system status reporting, improved database management, improved
detector utilization, and enhanced notification of system malfunctions are all available in modern systems.
The Traffic Operations Department is proposing to replace the current software with modern signal system software
to improve signal operations and provide modern tools and technology to continue the City’s traffic management
efforts. The project is for software only. No hardware changes (other than possible minor changes necessary for
software compatibility) are planned for this project.
FINANCIAL / ECONOMIC IMPACTS
The City has been awarded a $248,000 Federal Congestion Mitigation Air Quality (CMAQ) grant to procure and install
new traffic signal system software. The project is estimated to cost $400,000 with the funding coming from a Federal
CMAQ grant and City Local Overmatch funds. The Overmatch funds are available in the current Traffic Operations
equipment replacement budget.
Federal Funds: $248,000
City funds: $152,000
February 21, 2012 -2- ITEM 12
ENVIRONMENTAL IMPACTS
The purpose of the software upgrade is to enhance signal operational capabilities intended to ensure safe and efficient
travel. More efficient travel results in reduced emissions and reduced fuel consumption.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and of the Ordinance on First Reading.
RESOLUTION 2012-007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION
TO USE FEDERAL CONGESTION MITIGATION AIR QUALITY FUNDS
FOR THE PURPOSE OF PROCURING NEW TRAFFIC SIGNAL SYSTEM SOFTWARE
WHEREAS, the City’s Traffic Operations Department has been awarded a $248,000 Federal
Congestion Mitigation Air Quality (CMAQ) grant for the purpose of procuring and installing new
traffic signal system software to replace the existing software in the City’s operations center and in
traffic signal controllers at intersections throughout the City; and
WHEREAS, the current City software is aging, and the vendor for this software has
discontinued support for it; and
WHEREAS, updating the system software will provide the City with the ability to utilize
new and beneficial technologies not previously available; and
WHEREAS, the CMAQ grant also requires that the City provide matching funds in the
amount of $152,000, which funds are available in the City’s traffic operations equipment
replacement budget; and
WHEREAS, the City Council has determined that the grant in the amount of $248,000 from
CMAQ funds is in the best interests of the City and that the Mayor should be authorized to execute
an intergovernmental agreement with CDOT for the purpose of acquiring this grant.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with
CDOT to use Federal Congestion Mitigation Air Quality funds in the amount of $248,000, with City
matching funds in the amount of $152,000, for the purpose of procuring new signal system software.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 015, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION
SERVICES FUND FOR THE ACQUISITION OF NEW TRAFFIC SIGNAL SYSTEM
SOFTWARE
WHEREAS, the City has been awarded a Federal Congestion Mitigation Air Quality
(“CMAQ”) grant in the amount of $248,000 (the “Grant”); and
WHEREAS, the Grant is for the acquisition and installation of new software for the City’s
traffic signal system; and
WHEREAS, the current software is becoming obsolete because of operational issues, limited
features, and the discontinued support of the software by the vendor; and
WHEREAS, the total estimated cost to procure and install the new software is $400,000
which can be funded by the Grant and local matching funds consisting of appropriations in the
Transportation Services Fund for traffic operations; and
WHEREAS, the City Council has adopted Resolution 2012-007 authorizing the City to enter
into a contract with the Colorado Department of Transportation to obtain and use CMAQ funds to
procure the new software; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the Grant revenue as
described herein will not cause the total amount appropriated in the Transportation Services Fund
to exceed the current estimate of actual and anticipated revenues during fiscal year 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the
Transportation Services Fund the sum of TWO HUNDRED FORTY-EIGHT THOUSAND
DOLLARS ($248,000) for the acquisition of new traffic signal system software.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
DATE: February 21, 2012
STAFF: Kyle Lambrecht
Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
Items Relating to the North College Improvements Project - Conifer Street to Willox Lane.
A. Resolution 2012-008 Authorizing the Execution of an Intergovernmental Agreement with the Colorado
Department of Transportation for Funding for the North College Improvements Project - Conifer Street to
Willox Lane.
B. First Reading of Ordinance No. 016, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects
Fund and Appropriating Prior Year Reserves and Authorizing the Transfer of Existing Appropriations in the
Keep Fort Collins Great Fund for the North College Improvements Project - Conifer Street to Willox Lane.
EXECUTIVE SUMMARY
The North Front Range Metropolitan Planning Organization (NFRMPO) has awarded the City of Fort Collins
$2,039,000 in federal funds to design improvements, and begin rights-of-way acquisition along North College Avenue
between Conifer Street and Willox Lane. This Resolution authorizes the Mayor to sign an intergovernmental
agreement with the Colorado Department of Transportation (CDOT) authorizing the City of Fort Collins to receive this
funding. The Ordinance will appropriate fiscal year 2012 federal funds into the Capital Project Fund for use on the
North College Improvements Project – Conifer to Willox. Keep Fort Collins Great (KFCG) funds are intended to be
used as the local funds required for the project as per the intergovernmental agreement with CDOT. This project is
one of the highest ranked roadway projects in the City’s Capital Improvements Plan.
BACKGROUND / DISCUSSION
North College Avenue, also known as US Highway 287, is a major north-south, four lane arterial that runs through
north Fort Collins, providing both local and regional connectivity. Through previous planning efforts, City staff identified
the need to enhance the northern gateway to the city, improve multimodal travel while accommodating the large
volume of interstate truck traffic, and to address aging utility infrastructure and drainage issues. There was also a
desire to establish a strong connection between the growing North College corridor and the rest of the community, in
particular, the historic Old Town area as well as the locally and regionally significant Poudre River bicycle/pedestrian
trail.
The portion of North College Avenue north of Conifer Street to Willox Lane is typical of older state highway corridors;
it was constructed over many years in a fragmented approach aimed at accommodating development, minor roadway
improvements, and increased traffic flows. North College is, within this section, a four-lane highway with a striped
center left turn lane, has partially paved shoulders, sporadic curb and gutter, occasional drainage swales,
discontinuous sidewalks, no on-street bike lanes, and minimal defined accesses. Much of this section of North College
lacks defined business access points, creating a dangerous traveling environment, as well as impacting vehicular flow
for a defined truck route. In addition to high automobile and truck traffic volumes, many pedestrians and cyclists use
North College to access residential, employment, and commercial destinations.
Through previous improvement projects, much of the North College Corridor either has been constructed, or will be
constructed, to current City of Fort Collins street standards by the end of 2012. The section of North College from
Conifer Street to Willox Lane will be the only remaining section of North College within the city limits to be constructed
to complete the City’s vision for the corridor. In the summer of 2011, the NFRMPO awarded the City of Fort Collins
$2,039,000 in federal funds to design improvements and begin rights-of-way acquisition along North College Avenue
between Conifer Street and Willox Lane. The funding will be available over a four year period. Of the total federal
funds received for this project, $1,426,000 is currently available for use by the City. Per the intergovernmental
agreement, $326,481 is required from the City in 2012 as local match and over-match funds.
February 21, 2012 -2- ITEM 13
Goals for the roadway and streetscape improvements along North College Avenue between Conifer Street and Willox
Lane include:
• Creating a safe and effective travel corridor for all users including bicycles, pedestrians, transit users,
passenger vehicles, and heavy vehicles.
• Defining access points as highlighted in the US 287/SH14 Access Management Report.
• Maintaining compatibility with utilities, including stormwater, water, sewer, power, and communications.
• Supporting the economic viability of the project area.
• Upgrading the image of the North College Corridor while minimizing impacts to existing infrastructure.
• Maintaining compatibility with the intent of previous local planning efforts.
All of the planned improvements along North College Avenue will be designed in accordance with previous planning
efforts: the Larimer County Urban Area Street Standards (LCUASS), the CDOT Standard Specifications for Road and
Bridge Construction, the US 287/SH14 Access Management Report, and the North College Corridor Plan.
FINANCIAL / ECONOMIC IMPACTS
Ordinance No. 016, 2012, will authorize the appropriation of fiscal year 2012 Federal Grant Funds into the City of Fort
Collins Capital Project Fund to begin the design and right-of-way acquisition phases for the North College
Improvements Project – Conifer to Willox. The following is a summary of the funding appropriation:
Funding Summary (FY 2012)
Total Federal Funds $1,426,000
Local Agency Matching Funds (2011 unspent KFCG Funds) $226,000
Local Agency Match and Overmatch Funds (2012 budgeted KFCG Funds) $100,481
Total Budgeted Funds $1,752,481
The North College Improvements Project – Conifer to Willox was awarded a total of $2,039,000 from the NFRMPO.
The following is an anticipated schedule summary of the federal funding awarded to the project:
FY 2012 FY 2013 FY 2014 FY 2015 TOTAL
Federal Funds $1,426,000 $174,000 $19,000 $420,000 $2,039,000
One of the primary goals of this project is to support the economic viability of the project area by upgrading the image
and safety of the North College Corridor, while minimizing impacts to existing infrastructure. This is consistent with
adopted long-term plans for the area, including the North College Corridor Plan (2007) and Fort Collins City Plan
(2011). The project will address these goals through the design and construction of multimodal improvements, urban
design features, the consolidation and definition of accesses, and other improvements which target and encourage
redevelopment. The awarded federal funds will enable design development as well as partial right-of-way acquisition.
At this time no funds have been identified for construction. With a completed design, the project will be in a position
to compete for potential construction funding. The completion of these improvements will provide an economic benefit
to the North College area as well as to the City of Fort Collins as a whole with increased property values and sales
tax collection.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long-term air and storm water quality. The addition of improved bicycle and
pedestrian facilities will increase the number of people walking and biking along North College Avenue, resulting in
a clearly definable air quality improvement. The utility upgrades in this project include improvements to the stormwater
distribution system. Stormwater will ultimately be piped to water quality ponds where suspended solids and
February 21, 2012 -3- ITEM 13
hydrocarbon contaminants from roadway drainage will be removed prior to discharge into receiving waters.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Transportation Board will receive updates as the project progresses.
PUBLIC OUTREACH
The North Front Range Metropolitan Planning Organization has received a project overview presentation resulting in
awarding federal funds to the project.
The project team plans significant public outreach throughout the project, including public open houses, individual
meetings with property owners, regular updates to the North Fort Collins Business Association, and project updates
to be posted on the project’s website, http://www.fcgov.com/engineering/ncollege.php.
ATTACHMENTS
1. Location Map
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Project Location Map
¥
North College Avenue - Conifer Street to Willox Lane
0 750 1,500 3,000
Feet
1:10,825
North College Avenue
Improvement Area
E Vine Dr
Conifer St
Hickory St
Willox Ln Willox Ln
N College Ave
Cache la Poudre River
Legend
City Limits
ATTACHMENT 1
RESOLUTION 2012-008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT
OF TRANSPORTATION FOR FUNDING FOR THE NORTH COLLEGE
IMPROVEMENTS PROJECT - CONIFER STREET TO WILLOX LANE
WHEREAS, North College Avenue is a major four-lane arterial that also serves as the
gateway to the northern part of the City and provides both local and regional connectivity; and
WHEREAS, City staff has identified a need to enhance the northern gateway by improving
multi-modal travel and accommodating a large volume of interstate truck traffic as well as
addressing the aging utility infrastructure and drainage issues along the route; and
WHEREAS, the City also desires to establish a strong connection between the North College
corridor and the historic Old Town area as well as the Poudre River bicycle/pedestrian trail; and
WHEREAS, in furtherance of these goals, the North Front Range Metropolitan Planning
Organization (NFRMPO) has awarded the City $2,039,000 in federal funds to design improvements
and commence right-of-way acquisition along North College Avenue between Conifer Street and
Willox Lane, which project is one of the highest ranked roadway projects in the City’s Capital
Improvements Plan; and
WHEREAS, the intergovernmental agreement is to be entered into between the City and the
Colorado Department of Transportation (CDOT), which intergovernmental agreement calls for City
matching funds in the sum of $326,481; and
WHEREAS, all of the planned improvements along North College Avenue will be designed
in accordance with the Larimer County Urban Area Street Standards, the CDOT Standard
Specifications for Road and Bridge Construction and the US 287/SH 14 Access Management Report
as well as the North College Corridor Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement with
CDOT in order to provide federal funding to the City in support of the North College Improvement
Project between Conifer Street and Willox Lane in the sum of $2,039,000, with City matching funds
in the sum of $326,481.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February, A.D. 2012.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 016, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE CAPITAL
PROJECTS FUND AND APPROPRIATING PRIOR YEAR RESERVES AND
AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS
IN THE KEEP FORT COLLINS GREAT FUND FOR THE NORTH COLLEGE
IMPROVEMENTS PROJECT- CONIFER STREET TO WILLOX LANE
WHEREAS, as a result of previous capital improvement projects, much of North College
Avenue has been reconstructed or will be reconstructed to current City street standards by the end
of 2012; and
WHEREAS, the section of North College Avenue from Conifer Street to Willox Lane is the
remaining section of North College Avenue, within the City limits, that does not meet current City
street standards; and
WHEREAS, this portion of North College Avenue is a four-lane highway with a striped
center left turn lane, partially paved shoulders, sporadic curb and gutter, occasional drainage swales,
discontinuous sidewalks, no bike lanes, and undefined access to local business; and
WHEREAS, the North Front Range Metropolitan Planning Organization awarded the City
$2,039,000 in federal funds through the Colorado Department of Transportation (“CDOT”) to be
received over four years to design improvements and begin right-of-way acquisition for the North
College Improvements Project - Conifer Street to Willox Lane (the “Project”); and
WHEREAS, the City Council has adopted Resolution 2012-008 authorizing the City to enter
into a contract with CDOT for the Project; and
WHEREAS, $1,426,000 of the funds will be available for the Project in fiscal year 2012 and
the City will need to provide local matching funds in the amount of $326,481 for the Project; and
WHEREAS, $226,000 in matching funds is available in reserves in the Keep Fort Collins
Great Fund and an additional $100,481 is available for transfer to the Project from existing
appropriations in such fund for transportation capital needs; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current
estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate
by ordinance at any time during the fiscal year such funds for expenditure as may be available from
reserves accumulated in prior years, notwithstanding that such reserves were not previously
appropriated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That there is hereby appropriated from unanticipated federal grant revenue
in the Capital Projects Fund the sum of ONE MILLION FOUR HUNDRED TWENTY-SIX
THOUSAND DOLLARS ($1,426,000) for expenditure on the Project.
Section 2. That there is hereby appropriated for expenditure from prior year reserves in
the Keep Fort Collins Great Fund the sum of TWO HUNDRED TWENTY-SIX THOUSAND
DOLLARS ($226,000) for expenditure on the Project.
Section 3. That the unexpended appropriated amount of ONE HUNDRED THOUSAND
FOUR HUNDRED EIGHTY-ONE DOLLARS ($100,481) is authorized for transfer from the Keep
Fort Collins Great Fund operating budget to the Project.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
DATE: February 21, 2012
STAFF: Jin Wang
Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 14
SUBJECT
Items Relating to the Bryan Bridge Replacement Project.
A. Resolution 2012-009 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation in Support of the Bryan Avenue Bridge Replacement Project.
B. First Reading of Ordinance No. 017, 2012, Appropriating Unanticipated Grant Revenue in the Capital Projects
Fund for the City Bridge Program Project.
EXECUTIVE SUMMARY
The City has been awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-System Bridge
Program. This intergovernmental agreement between the City and Colorado Department of Transportation (CDOT)
is for the replacement of the structurally deficient Bryan Avenue Bridge over the Larimer County Canal No. 2, located
just north of Poudre Fire Authority Fire (PFA) Station 2 by City Park.
BACKGROUND / DISCUSSION
Bridges are an important element of the roadway network. An inadequate bridge can cause various capacity and
safety problems on roadways. A road will not be able to function if it is disconnected because of a bridge that has
failed. Based on federal bridge inspection standards, the Bryan Avenue Bridge is identified as structurally deficient
and is vehicle weight restricted. This means that the bridge is in advanced stages of deterioration and does not have
the desired load carrying capacity. Replacing this bridge will eliminate unsafe conditions that could potentially result
in property damage and loss of life.
This load posted, structurally deficient bridge, is located 500 feet north of the PFA Station 2, or 900 feet north of
Mulberry Street, along Bryan Avenue (Attachment 1). For any emergency call located north of the station, the
responding vehicles have to detour south to Mulberry Street and around the lake, to avoid driving across the load
posted bridge. The detour length is 3,600 feet compared to 500 feet going across the bridge to the same location.
Replacing this bridge will make a huge difference in the response time to any emergency north of the fire station.
The Bryan Avenue Bridge plays an important role to its surrounding area. This bridge is located by City Park, where
many social activities take place. The public generally accesses City Park, City Park Pool, City Park Nine golf course,
kids’ train depot and the park picnic shelter by going over the Bryan Avenue Bridge. This bridge is failing and will
continue to deteriorate. By replacing the failing Bryan Avenue Bridge, the City can continue to provide the necessary
access and level of service.
A Request For Proposal (RFP) for the design of a replacement bridge is currently underway, with construction
scheduled for Fall 2013.
FINANCIAL / ECONOMIC IMPACTS
The City was awarded a grant from federally funded Colorado Off-System Bridge Program for $522,000 to replace the
Bryan Avenue Bridge by City Park. The twenty percent local matching fund needed for the grant will come from the
City Bridge Program. The additional local overmatch will be funded with 2012 Keep Fort Collins Great (KFCG) funds
(2012 BFO Offer 146.15).
The estimated total cost of the Bryan Avenue Bridge Replacement Project is $1,040,000, which is to be funded as
follows:
February 21, 2012 -2- ITEM 14
Federal Funds $ 552,000
Local Agency Matching Funds (City Bridge Program) $ 138,000
Local Agency Overmatch Funds (KFCG Fund) $ 350,000
Total Project Funds $1,040,000
This bridge is classified as structurally deficient. It is failing and needs to be replaced. If allowed to fail, an emergency
bridge replacement can cost up to fifty percent more than a planned bridge replacement. The proactive completion
of bridge replacement will provide continued accessibility to businesses, parks and residences.
ENVIRONMENTAL IMPACTS
The project will have a positive impact on long term air quality. Vehicles that are currently restricted by the bridge
weight limit posted will be able to drive over the replacement bridge, instead of using a longer alternative route, thus
reducing greenhouse gas emission.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
A Request For Proposal (RFP) for the design of a replacement bridge is currently underway. The Transportation Board
will receive updates as the project progresses.
PUBLIC OUTREACH
The Project Team plans significant public outreach throughout the project, including public open houses and meetings
with different City departments and PFA. The team will also be working with utility companies that have services over
or under the existing bridge. Public outreach will be intensified prior to, and during, construction of the replacement
bridge.
ATTACHMENTS
1. Project Area Map
Sheldon Dr
City Park Dr
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Cook Dr
Homer Dr
City Park Ave
Westview Ave
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Lakeside Ave
Dale Ct
W Myrtle St
Homer Ct
S Bryan Ave
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W Mulberry St
Bryan Avenue Bridge Vicinity Map
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0 95 190 380 570 760
Feet
Bryan Ave. Bridge
Poudre Fire Authority
Station #2
Sheldon Lake
1:4,500
New Mercer Ditch
Larimer Canal #2
ATTACHMENT 1
RESOLUTION 2012-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY AND THE COLORADO DEPARTMENT OF TRANSPORTATION
IN SUPPORT OF THE BRYAN AVENUE BRIDGE REPLACEMENT PROJECT
WHEREAS, the Bryan Avenue Bridge (the “Bridge”) over the Larimer County Canal No.
2, located just north of the Poudre Fire Authority Station No. 2, is deteriorating and, according to
federal bridge inspection standards, is structurally deficient and weight restricted; and
WHEREAS, the condition of this Bridge is such that, in the event of an emergency call from
Fire Station No. 2, emergency equipment must detour south to Mulberry Street and avoid driving
across the Bridge; and
WHEREAS, because of the condition of the Bridge, the City has applied for and been
awarded a grant in the amount of $552,000 in federal funds from the Colorado Off-System Bridge
Program to be used for reconstruction of the Bridge; and
WHEREAS, the proposed intergovernmental agreement between the City and the Colorado
Department of Transportation (CDOT) in support of the Bryan Avenue Bridge Replacement Project
is in the amount of $552,000 federal funding, with local matching funds in the amount of $488,000;
and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Bryan Avenue Bridge Replacement Project be promptly pursued and that the Mayor be
authorized to execute an intergovernmental agreement between the City and CDOT in support
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into an intergovernmental agreement
between the City and CDOT for the purpose of acquiring $552,000 in federal funds from the
Colorado Off-System Bridge Program, and providing $488,000 in local matching funds in support
of the Bryan Avenue Bridge Replacement Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 017, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN
THE CAPITAL PROJECTS FUND FOR THE CITY BRIDGE PROGRAM PROJECT
WHEREAS, the City has been awarded a grant from the Colorado Department of
Transportation’s Off-System Bridge Program for $552,000 (the “Grant”); and
WHEREAS, the Grant is for the replacement of the Bryan Avenue Bridge (the “Bridge”)
over Larimer Canal No. 2, which bridge is located just north of the Poudre Fire Authority fire station
by City Park; and
WHEREAS, based on federal bridge inspection standards, the Bridge has been identified as
structurally deficient because it does not have the desired load carrying capacity; and
WHEREAS, the total estimated cost of the Bryan Avenue Bridge Replacement is $1,040,000,
which will be funded by the Grant, the existing appropriation of $138,000 in the Capital Projects
Fund - City Bridge Program which will meet the required local match for the Grant, and by the
existing appropriation of $350,000 in the Keep Fort Collins Great Fund - City Bridge Program
Project; and
WHEREAS, the City Council has adopted Resolution 2012-009 authorizing the City to enter
into a contract with the Colorado Department of Transportation for the construction of the Bryan
Avenue Bridge Replacement; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff have determined that the appropriation of the Grant revenue
described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed
the current estimate of actual and anticipated revenues during fiscal year 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund
the sum of FIVE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($552,000) for expenditure
in the Capital Projects Fund for the City Bridge Program Project.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2012, and to be presented for final passage on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of March, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
DATE: February 21, 2012
STAFF: Jill Stilwell
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
Resolution 2012-010 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund
Disbursements.
EXECUTIVE SUMMARY
The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund
community events. This Resolution will adopt the recommendations from the Cultural Resources Board to disburse
these funds.
BACKGROUND / DISCUSSION
The Fort Fund program, established in 1989, disburses funds from the City’s Cultural Development and Programming
Account and the Tourism Account in accordance with the provisions of Section 25-244 of the City Code, where 25%
of the revenue from the lodging tax is utilized for this program. Local non-profit organizations may apply to Fort Fund
for cultural event support. The City Council-appointed Cultural Resources Board reviews grant applications based on
approved guidelines and makes recommendations for Fort Fund disbursements to City Council, pursuant Section 2-
203(3) of the City Code.
Fort Fund grants support events that enrich the cultural life of the community, promote local heritage and diversity,
provide opportunities for cultural participation, help define Fort Collins as a cultural center and tourist destination, have
wide appeal for a significant part of the community, and promote the general welfare of the City’s inhabitants.
Fort Fund consists of a three-tiered funding system.
Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three
or more public events annually. These groups may apply for funding from Tier #1 each April.
Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events. Applications for
support from Tier #2 are accepted each January and June.
The Cultural Innovation Fund (CIF) Tier (formerly Tier #4) was established to further the goal of making Fort Collins
a cultural center and destination. The CIF Tier grants address a need in the cultural activity of Fort Collins, perpetuate
the Tourism Fund by generating over night stays in local hotels, and/or develop new arts, cultural, or heritage tourism
activities that have the potential to impact Fort Collins’ cultural and economic growth. Organizations may apply for
funding from the CIF Tier each April.
FINANCIAL / ECONOMIC IMPACTS
The Fort Fund program, established in 1989, disburses funds from the City’s Cultural Development and Program
Account and the Visitor Events Account in accordance with the provisions of Section 25-244 of the City Code, where
25% of the revenue from the lodging tax is designated for this use. Local non-profit organizations may apply to Fort
Fund for cultural event support and must match the grant amount. These funds were budgeted and appropriated in
the 2012 budget.
January 2012 Funding Session
At its January 25, 2012, regular meeting, the Cultural Resources Board reviewed applications submitted for Tier #2
funding. The Cultural Resources Board reviewed 21 applications with total requests equaling $67,600.
February 21, 2012 -2- ITEM 15
The following table summarizes the amount and sources of available funds in 2012:
FY 2012 AVAILABLE FUNDING
AMOUNT SOURCE
$182,166 FY 2012 Cultural Development and Programming Account (Fund 1)
$40,750 FY 2012 Tourism Programming Account (Fund 2)
$222,916 Total Funding Available for 2012
FUNDS ALLOCATED TO JANUARY 2012 FUNDING SESSION
20% % of Total FY 2012 Funds allocated to the January Funding Session
$44,583 Total Funds Allocated to the January Funding Session
$36,433 Amount from Cultural Development and Programming Account (Fund 1)
$8150 Amount from Tourism Programming Account (Fund 2)
The Cultural Resources Board scored each application using the eleven Funding Criteria outlined in the Fort Fund
Guidelines (Attachment 1) and discussed each application at the meeting. The Board discussion is outlined in the
January 25, 2012 draft minutes (Attachment 2). The Board is recommending disbursement of $32,000 from the City’s
Cultural Development and Programming account and $2,250 from the Tourism Programming account, totaling $34,250
to 21 applicants as outlined in Exhibit A to the Resolution. The requests totaled $67,600 and $44,583 was available.
Of the total amount requested and considered, 66% is being recommended for funding with available funds.
The following table summarizes the utilization of funds from all sources.
Recommended Funding % of Total Category
$32,000 72% Cultural Development and Programming Account
$2,250 5% Tourism Programming Account
$10,333 23% Unallocated
$44,583 100% Funds Allocated for January Funding Session
Economic Impact
The non-profit arts are a $15.9 million industry in Fort Collins (Arts & Economic Prosperity III - Americans for the Arts).
By awarding these grants, the City is partnering with 21 organizations to leverage a variety of cultural events that
contribute to this economic impact and add to the community’s quality of life.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BOARD / COMMISSION RECOMMENDATION
The Cultural Resources Board presents recommendations as to which events should receive funding from the
available Cultural Development and Programming and Tourism Accounts.
Exhibit A to the Resolution presents the allocations recommended by the Board to the City Council for Tier 2.
At its January 25, 2012 meeting, the Cultural Resources Board voted unanimously to recommend adoption of the
Resolution.
ATTACHMENTS
1. Fort Fund Guidelines
2. Cultural Resources Board minutes, January 25, 2012
1
The Cultural Development & Programming and Tourism Accounts (Fort Fund) is funded by an
allocation of the lodging tax revenues. Applications are reviewed by the Cultural Resources Board
of the City of Fort Collins and recommendations to fund events are submitted to the Fort Collins
City Council for final approval.
The objective of Fort Fund is to provide funds to foster, encourage, and promote 1) cultural
development and programming, and 2) economic and tourism development. The overarching
goal for Fort Fund is to serve as a catalyst in making Fort Collins a cultural center and
destination.
Fort Fund supports events that:
Enrich the cultural life of the Fort Collins community
Promote local heritage and diversity
Provide opportunities for community members to participate in, create, learn from or
experience arts and culture
Help to define Fort Collins as a destination for arts and culture
Elevate the community and broaden perspectives
Have wide appeal for a significant part of the community
Promote the general welfare of the inhabitants of the City.
The following will not be considered for funding:
Applications for funds solely to print brochures, magazines or promotional materials, or
for capital improvements.
Any event in which the net proceeds or profit from the event is donated by the sponsor
to another organization and/or individual.
Funds will not be disbursed directly after each funding session. Organizations recommended for
grant monies by the Cultural Resources Board must first be approved by the City Council.
ATTACHMENT 1
2
Funding Tiers & Application Deadlines
An organization and/or event may receive funding from one or more of the following three tiers
as described below. Specific application deadlines are listed immediately following each tier.
Requests must be for a minimum of $500. Funding is subject to the amount of available funds
per funding session. The Cultural Resources Board reserves the right to not fund an organization
if it does not fully meet the criteria.
Fort Fund will now only accept one application per organization per funding session.
Colorado State University organizations are required to submit their applications
through the Sponsored Programs Office.
All applications are to be submitted to the Lincoln Center Administration Office, 417
W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not
qualify. Please direct all questions regarding the application process to Gail Budner at
(970) 221-6737.
TIER # 1: Annual Programming Fund
Organizations are eligible to apply for funding from Tier #1 if they meet the following criteria:
1. The primary purpose of the organization is to present three or more different public
performances, events or exhibits per year.
2. The organization has proven annual program success for three previous years.
Organizations that meet the criteria may apply for up to $15,000 per year (July 1 - June 30). The
organization must submit a mission statement stating the organizations' officially accepted
primary purpose; provide evidence of having presented three or more performances, events, or
exhibits for three previous years; submit financial statements for the three most recently
completed fiscal years; provide a list of the organization's current Board of Directors, their
business/organizational affiliations, the date they were elected to the Board and their term limit
date; and submit a Tourism Impact form. Fort Fund will only accept one Tier #1 application per
organization per calendar year. Organizations that apply for this level of funding would have to
show that no more than 35% of their projected expenses are coming from Fort Fund.
Proposal Deadline for Tier #1: First Tuesday of April, 5:00 p.m.
Requests must be for a minimum of $500 and a maximum of $15,000
Request amount cannot exceed 35% of the total projected expenses
3
TIER # 2: Special Events Fund
Organizations that present event(s) may apply for up to $5,000 for a single event or series of
events per funding session. Events would have to be held within one year of the funding session.
Fort Fund will only accept one Tier #2 application per organization per funding session at which
Tier #2 applications are accepted. The organization must submit a financial statement from the
most recently completed fiscal year and submit a Tourism Impact form. Organizations funded
under Tier #1 could apply one time per calendar year for up to $5,000 under Tier 2, but the
event cannot also be funded under Tier 1. Organizations that apply for this level of funding would
have to show that no more than 50% of their projected expenses are coming from Fort Fund.
Proposal Deadline for Tier #2: First Tuesday of January, 5p.m.; First
Tuesday of June, 5p.m.
Requests must be for a minimum of $500 and a maximum of $5,000
Request amount cannot exceed 50% of the total event expenses
Cultural Innovation Fund (CIF) - Formerly Tier #4
Organizations are eligible to apply for up to $25,000 from the CIF if they seek funding for an
activity or event that will increase Fort Collins' identity as a cultural center and tourist destination.
The term 'activity' can mean event, projects, products, exhibits, festivals, programs, etc. and can
be in the area of arts, nature, heritage, recreation, science, and /or humanities. The event or
activity must meet the eligibility requirements and the strategies outlined below:
CIF Strategies: Proposals should address specific strategies to increase Fort Collins' identity as a
cultural center and tourism destination, resulting in at least one of the following benefits:
1. Address a need in the cultural activity of Fort Collins
2. Perpetuate the Tourism Fund by generating over night stays in local hotels
3. Develop new arts, cultural, or heritage tourism activities and products that have the
potential to impact Fort Collins cultural and economic growth.
These events or activities should enrich the cultural life available in the city because they will
serve as an attraction to visitors, represent new cultural offerings or can be described as unique,
innovative or inventive.
The organization must submit a mission statement stating the organizations' officially accepted
primary purpose; provide evidence of having been in existence for at least three years; submit
financial statements for the three most recently completed fiscal years; provide a list of current
Board members; and submit a Tourism Impact form. CIF applicants may also be required to
present an oral presentation to the Cultural Resources Board.
4
Fort Fund will only accept one CIF application per organization per calendar year. Request
amount cannot exceed 50% of the total activity expenses. Request amount requires a dollar-for-
dollar cash match. Neither in-kind contributions nor Fort Fund dollars from current or previous
grants may be used in calculating the organization's match. Activities funded under the CIF shall
not be simultaneously funded under Tiers #2 of Fort Fund. CIF funded activities can only apply
for a maximum of three years and must compete each time.
Proposal Deadline for the CIF: First Tuesday of April, 5:00p.m.
Requests must be for a minimum of $500 and a maximum of $25,000
Request amount cannot exceed 50% of the total activity expenses
All applications are to be submitted to the Lincoln Center Administration Office, 417
W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not
qualify. Please direct all questions regarding the application process to Gail Budner,
(970) 221-6737.
5
Eligibility Requirements
Organizations chartered in Colorado with IRS non-profit status may submit an application for
consideration. Written proof of this status must accompany all applications. All organizations that
fall under the same IRS non-profit tax status will be considered the same unit for funding.
For all Tiers, Fort Fund will only accept one application per organization per funding
session. Colorado State University organizations are required to submit their
applications through the Sponsored Programs office.
Applications must be submitted on the forms provided at www.fcgov.com/fortfund and
must arrive at the Lincoln Center administration office by the date/time listed as the
deadline. Postmarks are not valid. Late applications will not be reviewed.
Events must be held in Fort Collins or in the Fort Collins Growth Management Area.
Events must be open to the general public and efforts must be made to advertise and
make the public aware of the opportunity to attend and/or participate in the event.
Events or activities must provide a direct public benefit of a reasonably general character
to a significant number of City residents.
Events may occur no earlier than 45 days after the application deadline.
Events funded under Tier #1 must be completed by June 30th of the year following the
date of funding. Events funded under Tier #2 must be completed within one year of the
date of the funding session. Events funded under the CIF must be completed within 18
months of the funding session.
The applicant organization must be in good standing with the Fort Fund program. The
applicant must not be delinquent on any previous mid-year or final Fort Fund reports;
must have used the new Fort Fund logo on promotional materials; and must have listed
the funded event on the Fort Collins Convention and Visitors Bureau website calendar.
Organizations not in good standing will not be considered for funding for one calendar
year.
Religious, sectarian or faith-based organizations may apply for funding, but only for
events which are secular (non-religious) in nature. Fort Fund money may not be used for
events that promote religion.
Fort Fund does not consider applications for funds solely to print brochures, magazines
or promotional materials, or for general operating support or capital improvements.
Additional Eligibility Requirements for Tier #1 and the CIF:
The organization must have and submit an officially adopted mission statement
expressing their primary purpose.
The organization has been in existence for a minimum of three years, and provides
financial statements for the previous three completed fiscal years prior to the application
date.
For Tier #1, the organization must show evidence of having presented three or more
performances, events, or exhibits for three previous years.
6
Criteria For Funding
The following criteria are used by the Cultural Resourced Board to evaluate applications that have
met all the eligibility requirements. Funding is based on how well an event or activity meets
these criteria. Funding is subject to the amount of available funds per funding session. The
Cultural Resources Board reserves the right to not fund an organization if it does not fully meet
the criteria.
Fort Fund supports events that:
1. Are of the highest quality;
2. Bring awareness of the arts to the local community;
3. Aspire to bring regional and national recognition to Fort Collins;
4. Are engaging and innovative and/or original;
5. Build a wide range of arts and culture offerings;
6. Raise arts and culture quality and participation to a new level;
7. Have an impact on the community economically, culturally or both;
8. Present strong evidence of leveraging other funding sources;
All applicants are required to submit the Tourism Impact form. The information provided on the
form will be reviewed as part of the application.
7
Grant Requirements
Organizations applying for Tier #1 funding cannot apply for more than 35% of their total
projected annual expenses. Organizations applying for funding from Tier #2 may request funding
for no more than 50% of the total projected expenses for any event. Organizations applying for
the CIF cannot apply for more than 50% of their total projected expenses.
The amount requested under Tiers #1 and #2 must be matched with either cash or a
combination of cash and in-kind services. At least one-half of the matching funds must
be cash. For example, if an event is projected to cost $2,000, the amount requested from
Fort Fund may not exceed $1,000. A $1,000 request would have to be matched with
either $1,000 in projected cash revenues or at least $500 in cash and no more than $500
of in-kind services. The CIF requires the requested amount be matched dollar-for-dollar
in cash. Neither in-kind contributions nor Fort Fund dollars from current or previous
grants may be used in calculating the organization's match for the CIF.
Contracts for services with the City of Fort Collins must be signed prior to the issuance of
funds.
All funds must be used for direct costs of the event(s) within the time frame as required
by contract, or returned immediately to the Cultural Development and Programming
Account. If the event changes significantly, the Cultural Resources Board must be
notified in writing. Funding for the event may be re-evaluated at that time.
Organizations that receive funding must recognize the support of the City. All publicity
and advertisements (including posters, programs, banners, flyers, newspaper ads and
postcards) of the funded event must include the City's Fort Fund logo. If there is no
printed material, a Fort Fund banner must be exhibited at the event. Organizations must
also list the funded event on the Fort Collins Convention and Visitors Bureau website
calendar at www.visitftcollins.com/events.
Organizations funded under Tier #1 must submit a financial mid-year and annual report
by the date required in their contract. Organizations funded under Tier #2 and the CIF
must submit a written report within sixty (60) days of the completion of an event. These
reports, which evaluate estimated attendance, promotional materials, in-kind services,
actual cash expenses and actual revenues must be submitted to the Cultural Resources
Board through the Lincoln Center Administration Office. All reports must be signed by a
representative of the organization that receives funding, verifying their accuracy. Records
of the event need to be available for inspection upon request of the Cultural Resources
Board. If the financial reports are not completed as required by contract, your
organization's future funding may be effected. All organizations must provide a final
report for previously granted funds before the contract for any new funding will be
processed.
A member of the Cultural Resources Board may be assigned to each event to act as a
liaison between funded organizations and the Board. If tickets are required for admission
to an event and are not extended to the liaison as a courtesy, tickets will be purchased
from the Cultural Development and Programming Account.
If the activity or event changes significantly from what was proposed in the original
application, including date, location, or content, the organization must notify the Cultural
Resources Board in writing at 417 W. Magnolia St., Fort Collins, CO 80521. Funding, even
if already distributed, may be reevaluated at that time.
8
FORT FUND OVERVIEW
Fort Fund, the City of Fort Collins’ Cultural Development & Programming and Tourism
Accounts, is funded by an allocation of the lodging tax revenues collected within the city
limits of Fort Collins. Applications are reviewed three times a year by the City of Fort
Collins Cultural Resources Board and recommendations for funding are submitted to the
Fort Collins City Council for final approval.
The objective of Fort Fund is to foster, encourage, and promote cultural and/or tourism
activities in Fort Collins.
Fort Fund offers three tiers. Tiers 1 and 2 primarily fund events that are artistic, ethnic,
historic, educational or recreational in nature and reflect the values and traditions of Fort
Collins. Events of this type will have wide appeal for a significant part of the
community, thereby advancing the good of all. The resulting economic and noneconomic
benefits of these events will promote the general welfare of the inhabitants of
Fort Collins.
FORT FUND (FORMERLY TIER 4)
CULTURAL INNOVATION FUND
The Cultural Innovation Fund embodies the above, and is primarily focused on activities that will
increase Fort Collins’ identity as a cultural center and tourist destination. The term
“activity” can mean events, projects, products, exhibits, festivals, programs, etc. These activities
can be in the area of arts, nature, heritage, recreation, science, and/or humanities and shall be
designed to develop new arts, culture or heritage tourism activities and products that have the
potential to impact Fort Collins’ economic and cultural growth and perpetuate the Tourism Fund
by generating over night stays in the city’s hotels and lodges. These activities should enrich the
cultural life available in the city because they will serve as an attraction to visitors, represent new
cultural offerings or can be described as unique, innovative or inventive. The activities should be
designed to meet the strategies and criteria as listed below.
CIF ELIGIBILITY REQUIREMENTS:
1. The applicant organization must be a non-profit organization, or the governmental
equivalent. Written proof of this status must accompany all applications. All
organizations that fall under the same IRS non profit tax status will be considered the
same unit for funding.
2. The organization has an officially adopted mission statement expressing their
primary purpose.
3. The organization has been in existence for a minimum of three years.
4. The organization can provide financial statements for the previous three
completed fiscal years from their application date.
5. Activities funded under the CIF shall not be simultaneously funded under Tier 2
of Fort Fund.
6. Funding under the CIF shall be available for a maximum of three years to any one
activity and applicants must compete each time for funding.
7. Applicants must submit a completed Tourism Impact form with their application.
8. Activities must be held in Fort Collins or in such other location as will accomplish
the CIF strategies.
9. The activities may not commence prior to thirty days following the funding
session date (funding session is the fourth Wednesday of April).
9
10. Activities funded under the CIF must be completed within 18 months of the funding
session date (the fourth Wednesday of April).
11. Activities must benefit and be accessible and/or open to the general public.
12. Religious, sectarian or ‘faith-based’ organizations may apply for funding for
activities which are secular (non-religious) in nature. Fort Fund monies
may not be used to promote religion.
13. Activities must provide a direct public benefit of reasonably general character to a
significant number of Fort Collins’ residents and meet the strategies as outlined
below.
STRATEGIES:
Proposals should address specific strategies to increase Fort Collins’ identity as a
cultural center and tourism destination, resulting in at least two of the following
benefits:
1. Address a need in the cultural activity of Fort Collins
2. Perpetuate the Tourism Fund by generating over night stays in local hotels
3. Develop new arts, cultural, or heritage tourism activities and products that have
the potential to impact Fort Collins cultural and economic growth.
Fort Fund will not fund capital improvements or projects, or any activity in which the
net profit or proceeds from the activity is donated by the sponsor to another
organization and/or individual.
CIF GRANT REQUEST AMOUNT
• Maximum Request Amount: $25,000 (a higher amount may be considered)
• Minimum Request Amount: $500
• Funding is subject to the amount available per funding session. The Cultural
Resources Board reserves the right to not fund any organization if it does not
fully meet the criteria.
• Request amount cannot exceed 50% of the total activity expenses.
• Request amount requires a dollar-for-dollar cash match.
• In-kind contributions may not be used in calculating the organization’s match.
• Fort Fund monies, from current or previous funding sessions, may not be used in
calculating the organization’s match.
• Activities funded under the CIF cannot be simultaneously funded under Tier 2
of Fort fund.
• Funding under the CIF shall be available for a maximum of three years to any one
activity and applicants must compete each time for funding.
CIF APPLICATIONS DUE: First Tuesday of April by 5:00 p.m.
To the Lincoln Center Administration Office
417 West Magnolia Street, Fort Collins
LATE APPLICATIONS WILL NOT BE ACCEPTED
10
Notification of Award: The Cultural Resources Board will review applications on the
fourth Wednesday of April, provide a recommendation for funding to City Council, who
will then approve the recommendation at a regularly scheduled Council meeting in May.
Applicants will be notified by mail after the Council meeting.
GRANT AWARD REQUIREMENTS
• Contracts for services with the City of Fort Collins must be signed prior to the
issuance of funds. The funds must be spent on the activity within 18 months of the
funding session.
• All funds must be used for direct costs of the activity within the time frame as
required by contract, or returned immediately to the Cultural Development and
Programming Account.
• If the activity changes significantly, the Cultural Resources Board must be notified
in writing. Funding, even if already distributed to the organization, may be re-evaluated
at that time.
• Organizations that receive funding must recognize the support of the City. All
publicity and advertisement of the funded activity must include the Fort Fund
logo. Downloadable images are available on the Fort Fund website at
www.fcgov.com/fortfund and a Fort Fund banner to exhibit at the activity is available through
the Lincoln Center Administration Office. Organizations must also list the funded activity on
the Fort Collins Convention and Visitors Bureau website calendar at
www.visitftcollins.com/events.
• Organizations funded under the CIF must submit a written report within sixty (60)
days of the completion of an activity. These reports, which evaluate estimated
attendance, promotional materials, in-kind services, actual cash expenses and
actual revenues, must be submitted to the Cultural Resources Board through the
Lincoln Center Administration Office. All reports must be signed by a
representative of the organization that receives funding, verifying their accuracy.
Records of the activity need to be available for inspection upon request of the
Cultural Resources Board.
• A member of the Cultural Resources Board may be assigned to each organization
receiving a CIF Grant to act as liaison between funded organizations and the
Board. If tickets are required for admission to an activity and are not extended to the
liaison as a courtesy, tickets will be then purchased from the Cultural Development and
Programming Account.
Cultural Resources Board
Lincoln Center
417 W. Magnolia St
Fort Collins, CO 80521
970.221-6735
970.221-6373 – fax
.
DRAFT
CULTURAL RESOURCES BOARD MINUTES
Regular Meeting – Wednesday, January 25, 2012
5:00 p.m.
Lincoln Center, 419 W. Magnolia Street, Fort Collins, CO 80521
Council Liaison: Aislinn Kottwitz Staff Liaison: Jill Stilwell
Chairperson: Jan Gilligan Phone: 224-2481 (h)
Vice-Chair: Chris Clemmer
A regular meeting of the Cultural Resources Board was held on Wednesday, January 25, 2012 at 5:00 p.m.
The following members were present:
Board Members present: Janet Gilligan, Carol Ann Hixon, John Hayes,
Chris Clemmer, Diane Gaede, Maggie Dennis
Board Members absent: Francisco Gutierrez
Staff Members present: Jill Stilwell, Gail Budner
Guests Present: Katy Schneider, FCCVB
I. Call to Order: 5:07 p.m. - Ms. Jan Gilligan
II. Consideration of agenda: Item V will not be a discussion item at this meeting. The Annual
Report is still being amended. Ms. Stilwell will complete it and e-mail it to the Board for their
approval before its submission.
III. Consideration and approval of minutes from November 17, 2011 and December 15, 2011.
Ms. Hixon made a motion to accept the minutes as amended.
Mr. Hayes seconded the motion.
The motion passed unanimously.
IV. Public input: None
V. Approval of 2011 Annual Report: N/A
VI. Fort Fund - Discussion and funding recommendations:
Because of his current employment with KRFC Public Radio for the Front Range, Mr. Hayes
abstained from scoring their application.
Prior to reviewing and awarding grant monies to the Fort Fund applicants, the Board discussed
the quality and the eligibility of the applications and the available budget for this session. The
Board then reviewed 21 Tier 2 applications and developed their recommendations for funding
as outlined below and on the attached spreadsheet
ATTACHMENT 2
2
ALZHEIMER’S ASSOCIATION: Memories in the Making Art Auction
Location: Drake Centre , May 31, 2012
This event offers those with early to mid-stage Alzheimer’s disease and related dementias an outlook
for creative expression.
Amount Requested: $1,500 Amount Recommended: $600
ARCINDA: JAVA and Beyond….An Ultimate in Diversity
Location: CSU, September 8, 2012
This event includes an information session about Indonesian culture, a demo on playing Gamelan, an
Indonesian product booth, a stage performance, and Javanese Gamelan music, songs and dance.
Amount Requested: $1,400 Amount Recommended: $500
ARTISTS ASSOCIATION OF N. COLORADO: 21ST Annual National Art Exhibit & Auction
Location: AANC/CoCOA Galleries, April 21 – May 26, 2012
Up to 400 local, regional, national and international artists will be entered in this art exhibition. They
will also present a public educational lecture and demonstration.
Amount Requested: $3,200 Amount Recommended: $2,500
CENTER FOR FINE ART PHOTOGRAPHY: Center Forward 2012
Location: Center for Fine Art Photography, September 7 – October 20, 2012 / DIA exhibit,
November 2012 – March 2013
This annual event includes photography exhibitions, artist and photographic expert lectures,
receptions and portfolio reviews
Amount Requested: $3,000 Amount Recommended: $1,200
CITY OF FORT COLLINS RECREATIONAL DEPT.: Kites in the Park Kite Festival
Location: Spring Canyon Community Park, April 29, 2012
This is a free community event. Highlights include kite making, professional kite flyers and
performers, and a presentation featuring cultural clubs from CSU.
Amount Requested: $3,000 Amount Recommended: $2,700
COLORADO BACH ENSEMBLE: 2012 – 2013 Season
Location: Griffin Hall, CSU, June 29, 2012
This event will be the organization’s inaugural performance. They are a unique professional group
dedicated to the study and performances of the music of Johann Sebastian Bach.
Amount Requested: $5,000 Amount Recommended: $500
CUS – UNIVERSITY ART MUSEUM: Colorado’s Valentine
Location: University Art Museum, October 1 – December 14, 2012
This is an exhibit planned for the Art Museum’s fall exhibition featuring a survey of the work of artist
De Wain Valentine, who was born and raised in Fort Collins.
Amount Requested: $5,000 Amount Recommended: $4,500
CROSSROADS SAFEHOUSE, INC.: Crossroads Half-Marathon & 5K
Location: Buckingham Park, September 16, 2012
This race generates funds for Crossroads Safehouse services and attracts runners from all of the
country and throughout Colorado.
Amount Requested: $800 Amount Recommended: $250
3
DANCE EXPRESS: Dance Express Fest
Location: Bas Bleu Theatre, July 20 – 21, 2012
Audiences for these performances will be those interested in dance, music and performing arts in
diverse experiences for persons with disabilities.
Amount Requested: $3,500 Amount Recommended: $700
DISABLED RESOURCE SERVICES: Wine Fest 30
Location: Fort Collins Hilton, March 23, 2012
This is an annual Northern Colorado premier wine tasting event with a silent auction. The proceeds
benefit Disabled Resource Services.
Amount Requested: $1,500 Amount Recommended: $600
JUNIOR LEAGUE OF FORT COLLINS: 30th Annual Garden Tour
Location: Warren Shores neighborhood, June 16, 2012
The Tour showcases the possibilities of outdoor living spaces designed by both homeowners and
gardening professionals. It is the League’s longest running major fundraising event.
Amount Requested: $3,000 Amount Recommended: $1,500
KRFC PUBLIC RADIO FOR THE FRONT RANGE: KRFC 9th Annual Birthday Bash
Location: Lincoln Center, March 10, 2012
KRFC’s intent is to create a birthday event that will serve as a celebration of local music and also as
an outreach event to interest people in KRFC and their new and diverse local music lineup.
Amount Requested: $5,000 Amount Recommended: $1,000
LINCOLN CENTER SUPPORT LEAGUE: Fort Collins Studio Tour
Location: The Lincoln Center and various artists’ studios, June 23 – 24, 2012
This self-guided tour will engage the public directly with local artists in Fort Collins, Bellvue and
LaPorte, and reveals the diversity of creative, professional artists living and working in our
community.
Amount Requested: $3,000 Amount Recommended: $2,700
NORTHERN COLORADO INTERTRIBAL POWWOW ASSOCIATION: 20th Annual Spring
Contest Powwow and Indian Art Market / High Plains Society for Applied Anthropology Conference
Location: Colorado State University Moby Arena and Lory Student Center, April 18 – 22, 2012
NCIPA is collaborating with High Plains Society for Applied Anthropology in presenting a joint
conference, powwow, lectures and seminars. Events include literary, performing and visual arts.
Amount Requested: $5,000 Amount Recommended: $4,000
OPENSTAGE THEATRE: Casino Royale
Location: Lincoln Center, March 24, 2012
This is OpenStage Theatre’s annual fundraising event. It provides its regular patrons, along with new
audiences, a unique event with casino gaming and a costume contest.
Amount Requested: $5,000 Amount Recommended: $1,000
4
OPERA FORT COLLINS: Afternoon Tea with a Diva
Location: Fort Collins Country Club, April 29, 2012
This is a fundraising event for Opera Fort Collins. It is a unique event for all ages that combines a
British tea and a live opera performance.
Amount Requested: $3,000 Amount Recommended: $1,500
POUDRE LANDMARKS FOUNDATION: PLF’s 40th Anniversary / Dazzling Decades
Location: Lincoln Center, May 26, 2012
This event celebrates the organization’s founding in the 1970’s. It will feature member recognition,
music, fashion, food, memorabilia and fads from the 70’s era.
Amount Requested: $3,000 Amount Recommended: $2,400
POUDRE RIVER PUBLIC LIBRARY DISTRICT: History Comes Alive @ Your Library, Series 2
Location: Front Range Community College, June 29 – November 20, 2012
This free series reinforces the Library District’s new emphasis on literature, readers and writers, and
fills a niche for local Chautauqua-quality programming.
Amount Requested: $2,700 Amount Recommended: $2,100
ROCKY MOUNTAIN RAPTOR PROGRAM: 2nd Chance at Freedom Dinner and Auction
Location: Fort Collins Hilton, February 25, 2012
This event is for people interested in wildlife and the environment. Attendees are given the
opportunity to see the raptors up close and personal in a gala setting with music, dinner and a live and
silent auction.
Amount Requested: $2,000 Amount Recommended: $400
SPOKESBUZZ FORT COLLINS: BandSwap
Location: Hodi’s Half Note, Avogadro’s, and TBD, October 1, 2012
This is a unique event promoting the Fort Collins music scene nationwide by importing music fans to
Fort Collins while exporting local musicians to partner cities.
Amount Requested: $5,000 Amount Recommended: $3,000
SUSTAINABLE LIVING ASSOCIATION: Earth Day Fort Collins
Location: Civic Center Park, April 21, 2012
This Earth Day celebration provides activities and events for the entire family to encourage and
inspire the community to honor the Earth and to make efforts toward conservation and preservation of
our planet.
Amount Requested: $3,000 Amount Recommended: $600
Total Funding Requested by Applicants: $67,600
Total Funding Recommended for disbursement by CRB: $34,250
Total Unfunded Balance: $33,350
% of Requests Funded: 53%
Ms. Hixon made a motion to submit these recommendations for Fort Fund disbursements to
City Council as outlined below
Dr. Gaede seconded the motion.
The motion passed unanimously.
RESOLUTION 2012-010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE RECOMMENDATIONS OF THE CULTURAL
RESOURCES BOARD REGARDING FORT FUND DISBURSEMENTS
WHEREAS, the City disburses funds from 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 through its Fort Fund Program; and
WHEREAS, the City’s Cultural Resources Board reviews applications for Fort Fund monies
and makes recommendations to the City Council in accordance with the provisions set forth in
Section 2-203(3) of the City Code, and in accordance with the administrative guidelines for the Fort
Fund program (the “Fort Fund Guidelines”); and
WHEREAS, pursuant to Section 25-244 of the City Code, the Cultural Development and
Programming Account was established for the purpose of funding cultural development and
programming activities and the Tourism Programming Account was established for the purpose of
funding tourist-related special events; and
WHEREAS, at its regular meeting on January 25, 2012, the Cultural Resources Board
recommended funding for various proposals as set forth on Exhibit “A”, attached and incorporated
herein by this reference, based upon the criteria and considerations set forth in Section 2-203 and
the Fort Fund Guidelines; and
WHEREAS, the proposals recommended by the Cultural Resources Board provide a public
benefit to the Fort Collins community by supporting cultural development and programming
activities, and promote the utilization of public accommodations within the City; and
WHEREAS, the City Council wishes to adopt the recommendations of the Cultural
Resources Board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that funds in the total amount of THIRTY TWO THOUSAND DOLLARS ($32,000.) in
the City’s Cultural Development and Programming Account and TWO THOUSAND TWO
HUNDRED FIFTY DOLLARS ($2,250.) in the City’s Tourism Programming Account be
distributed in accordance with the recommendations of the Cultural Resources Board as set forth on
Exhibit “A”.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
EXHIBIT A
FORT FUND TIER 2 PERCENT OF
FUNDING UNFUNDED REQUEST
APPLICANT PROPOSED EVENT/DATE REQUEST FUND 1 FUND 2 BALANCE FUNDED
ALZHEIMER'S ASSOCIATION Memories in the Making Art Auction
Location: Drake Centre May 31, 2012 $1,500 $600 $0 $900 40%
This event offers those with early to mid-stage Alzheimer's disease and related dementias an
outlook for creative expression.
ARCINDA JAVA and Beyond…an Ultimate in Diversity
Location: CSU September 8, 2012 $1,400 $500 $0 $900 36%
The event includes an informational session about Indonesian culture, a demo on playing Gamelan, an
Indonesian product booth, a stage performance, and Javanese Gamelan music, songs and dance.
ARTISTS ASSOC. OF N. COLORADO 21st Annual National Art Exhibit & Auction
Location: AANC/CoCOA Galleries April 21 - May 26, 2012 $3,200 $2,500 $0 $700 78%
Up to 400 local, regional, national and international artists will be entered in this art exhibit.
They will also present a public educational lecture and demonstration.
CENTER FOR FINE ART PHOTOGRAPHY Center Forward 2012
Location: Center for Fine Art Photography September 7 - October 20, 2012 $3,000 $1,200 $0 $1,800 40%
DIA Exhibit November 2012 - March 2013
This annual event includes photography exhibitions, artist and photographic expert lectures,
receptions and portfolio reviews
CITY OF FC RECREATIONAL DEPT. Kites in the Park Kite Festival
Location: Spring Canyon Community Park April 29, 2012 $3,000 $2,700 $0 $300 90%
This is a free community event. Highlights include kite making, professional kite flyers & performers,
and a presentation featuring cultural clubs from CSU.
COLORADO BACH ENSEMBLE 2012 - 2013 Season
Location: Griffin Hall, CSU June 29, 2012 $5,000 $500 $0 $4,500 10%
This event will be the organization's inaugural performance. They are a unique professional group
dedicated to the study and performances of the music of Johann Sebastian Bach.
CSU - UNIVERSITY ART MUSEUM Colorado's Valentine
Location: University Art Museum October 1 - December 14, 2012 $5,000 $4,500 $0 $500 90%
This is an exhibit planned for the Art Museum's fall exhibition featuring a survey of the work of
artist De Wain Valentine, who was born and raised in Fort Collins.
CROSSROADS SAFEHOUSE, INC. Crossroads Half-Marathon & 5K
Location: Buckingham Park September 16, 2012 $800 $0 $250 $550 31%
This race generates funds for Crossroads Safehouse services and attracts runners from all over
the country and throughout Colorado.
DANCE EXPRESS Dance Express Fest
Location: Bas Bleu Theatre July 20 - 21, 2012 $3,500 $700 $0 $2,800 20%
Audiences for these performances will be those interested in dance, music and performing arts in
diverse experiences for persons with disabilities.
DISABLED RESOURCE SERVICES Wine Fest 30
Location: Fort Collins Hilton March 23, 2012 $1,500 $600 $0 $900 40%
This is an annual Northern Colorado premier wine tasting event with a silent auction. The proceeds
benefit Disabled Resource Services
JUNIOR LEAGUE OF FORT COLLINS 30th Annual Garden Tour
CULTURAL RESOURCES BOARD
RECOMMENDATION
FORT FUND GRANT PROGRAM
January 2012
Location: Warren Shores neighborhood June 16, 2012 $3,000 $1,500 $0 $1,500 50%
The tour showcases the possibilities of outdoor living spaces designed by both homeowners and
gardening professionals. It is the League's longest running major fundraising event
KRFC PUBLIC RADIO/FRONT RANGE KRFC 9th Annual Birthday Bash
Location: Lincoln Center March 10, 2012 $5,000 $1,000 $0 $4,000 20%
KRFC's intent is to create a birthday event that will serve as a celebration of local music and also as
an outreach event to interest people in KRFC and their new and diverse local music lineup.
LINCOLN CENTER SUPPORT LEAGUE Fort Collins Studio Tour
Location: Lincoln Center & various artists' studios June 23 -24, 2012 $3,000 $2,700 $0 $300 90%
This self-guided tour will engage the public directly with local artists in Fort Collins, Bellvue and
LaPorte, and reveals the diversity of creative, professional artists living and working in our community.
N. COLO. INTERTRIBAL POWWOW ASSOC. 20TH Annual Spring Contest Powwow & Indian
Location: CSU Moby Arena/Lory Student Ctr Art Market - April 22, 2012 $5,000 $2,000 $2,000 $1,000 80%
NCIPA is collaborating with Hiigh Plains Society for Applied Anthropology in presenting a joint
conference, powwow, lectures and seminars. Events include literary, performing and visual arts.
OPENSTAGE THEATRE Casino Royale
Location: Lincoln Center March 24, 2012 $5,000 $1,000 $0 $4,000 20%
This is OpenStage Theatre's annual fundraising event. It provides its regular patrons, along with new
audiences, a unique event with casino gaming and a costume contest.
OPERA FORT COLLINS Afternoon Tea with a Diva
Location: Fort Collins Country Club April 29, 2012 $3,000 $1,500 $0 $1,500 50%
This is a fundraising event for Opera Fort Collins. It is a unique event for all ages that combines
a British tea and a live opera performance.
POUDRE LANDMARKS FOUNDATION PLF's 40th Anniversary: Dazzling Decades
Location: Lincoln Center May 26, 2012 $3,000 $2,400 $0 $600 80%
This event celebrates the organization's founding in the 1970's. It will feature member recognition,
music, fashion, food, memorabilia and fads from the 70's era.
POUDRE RIVER PUBLIC LIBRARY DIST. History Comes Alive @ Your Library Series 2
Location: Front Range Community College June 29 - November 20, 2012 $2,700 $2,100 $0 $600 78%
This free series reinforces the Library District's new emphasis on literature, readers and writers, and
fills a niche for local Chautauqua-quality programming.
ROCKY MOUNTAIN RAPTOR PROGRAM 2nd Chance at Freedom Dinner & Auction
Location: Fort Collins Hilton February 25, 2012 $2,000 $400 $0 $1,600 20%
This event is for people interested in wildlife and the environment. Attendees are given the opportunity
to see the raptors up close and personal in a gala setting with music, dinner and a live and silent auction.
SPOKESBUZZ FORT COLLINS BandSwap
Location: Hodi's Half Note, Avogadro's, & TBD October 1, 2012 $5,000 $3,000 $0 $2,000 60%
This is a unique event promoting the Fort Collins music scene nationwide by importing music fans to
Fort Collins while exporting local musicians to partner cities.
SUSTAINABLE LIVING ASSOCIATION Earth Day Fort Collins
Location: Civic Center Park April 21, 2012 $3,000 $600 $0 $2,400 20%
This Earth Day celebration provides activities & events for the entire family to encourage and inspire the
community to honor the Earth and to make efforts toward conservation and preservation of our planet.
Total Funding Requested by Applicants $67,600
Total Funding Recommended for disbursement by CRB $32,000 $2,250
Total Unfunded Balance $33,350
% of Requests Funded 53%
DATE: February 21, 2012
STAFF: Michelle Provaznik
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
Resolution 2012-011 Supporting the City’s Application for a Local Parks and Outdoor Recreation Grant from the State
Board of the Great Outdoors Colorado Trust Fund for the Environmental Education Sites at the Gardens on Spring
Creek and Authorizing the Execution of a Grant Agreement.
EXECUTIVE SUMMARY
The Gardens on Spring Creek is currently applying for a $350,000 Great Outdoors Colorado Local Parks and Outdoor
Recreation Grant. Staff is preparing an application for construction of the Environmental Education Sites at The
Gardens. These sites include: (1) Foothills Demonstration Site, (2) Prairie Demonstration Site, (3) Wetland
Demonstration Site, and (4) the Undaunted Garden, a xeriscape demonstration garden.
As part of the application process, Great Outdoors Colorado requires a resolution which indicates the City’s support
for the project, verifies that matching funds must be secured, that the project will be maintained in a high quality
condition, the land for the project is City-owned, and designates an official to sign the grant agreement.
BACKGROUND / DISCUSSION
Great Outdoors Colorado (GOCO) provides grant opportunities for eligible government agencies. In the past, the City
has been successful in obtaining numerous GOCO grants, including a $200,000 grant for the Children’s Gardens at
the Gardens on Spring Creek.
Construction of the Foothills, Prairie and Wetland Demonstration Sites and the Undaunted Garden completes over
two acres of The Gardens Master Plan. These areas will be designed to educate the public about local eco-systems;
inspire residents to add native or xeric plants to their own landscapes; and connect people to nature.
Estimated cost of the project is $554,000.
FINANCIAL / ECONOMIC IMPACTS
The Gardens staff in conjunction with the Friends of the Gardens on Spring Creek board of directors has been raising
funds for this project. Currently, $100,000 has been raised in addition to pledged in-kind contributions of $24,000.
The Gardens and the Friends are seeking remaining funds of $80,000, through grant opportunities and donations.
If this funding is not secured, the project will be scaled back accordingly.
Operation and maintenance funding of the project will be approximately $50,000 per year. These O&M costs will be
budgeted in The Gardens future budgets and will be raised by earned revenues generated by the facility.
ENVIRONMENTAL IMPACTS
The Environmental Educational Sites will replace the alfalfa field north of the new Rock Garden. These sites will
improve plant diversity at The Gardens and provide additional wildlife habitat.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
February 21, 2012 -2- ITEM 16
PUBLIC OUTREACH
The Friends of the Gardens on Spring Creek, the 501(c)3 partner of The Gardens, and the Grants Committee is aware
of, and supportive of the grant application.
In 1999 – 2000, significant public outreach was done to create the Master Plan of the Gardens on Spring Creek. Each
of the Sites proposed are a part of that Master Plan.
RESOLUTION 2012–011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING THE CITY’S APPLICATION FOR A LOCAL PARKS AND OUTDOOR
RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND FOR THE ENVIRONMENTAL EDUCATION SITES
AT THE GARDENS ON SPRING CREEK AND AUTHORIZING
THE EXECUTION OF A GRANT AGREEMENT
WHEREAS, the City is applying for a Local Parks and Outdoor Recreation Grant from
the State Board of the Great Outdoors Colorado Trust Fund (GOCO) for the City’s horticulture
program in the amount of $350,000 to fund construction of four environmental education sites at
the Gardens on Spring Creek (the “Project”); and
WHEREAS, as part of its grant application process, GOCO requires that the governing
body of any entity applying for grant funds show its support for the grant application, and its
awareness of the obligations a grant creates, through a resolution of the governing body; and
WHEREAS, such resolution is to include a statement of support for the proposed project;
a recognition of the need to provide matching funds; a statement verifying that the project will
be properly maintained after completion; verification that the real property necessary for the
project will be under the control of the applicant or a project partner for at least 25 years; and a
statement authorizing a designated official to sign a grant agreement with Great Outdoors
Colorado if the grant is awarded; and
WHEREAS, City staff and the Friends of the Gardens on Spring Creek have already
secured approximately $100,000 of the funds necessary to complete the Project, and the City
acknowledges that, should it receive a GOCO grant, it would be responsible for providing the
necessary matching funds for the Project in order to meet the obligations of the grant application
and agreement; and
WHEREAS, the Project is to be built on property owned by the City and, upon
completion, it is the City’s intent that the Project will be owned by the City for at least 25 years,
subject to the discretion of future City Councils; and
WHEREAS, should the City receive a GOCO grant for the Project and complete the
Project as planned, the City intends to maintain the Project in high quality condition, subject to
the annual appropriation by the City Council of funds sufficient and intended for such purpose,
in its discretion; and
WHEREAS, the annual maintenance cost for the Project is estimated to be $50,000; and
WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a
grant agreement, to provide any function, service or facility, under Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
(1) That in light of the foregoing, the City Council hereby states its support for the
City’s application for a GOCO Local Parks and Outdoor Recreation Grant in the amount of
$350,000 for the Project.
(2) That, should the City be awarded the GOCO grant described in this Resolution,
the City Manager is hereby authorized to enter into a grant agreement with the GOCO Board
obligating the City to use the grant proceeds to construct the Project, on terms and conditions
consistent with this Resolution together with such other terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the best interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
DATE: February 21, 2012
STAFF: John Stokes, Mark Sears
Daylan Figgs
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
Resolution 2012-012 Authorizing a Revocable Permit for Lafarge West, Inc. to Access and Complete Initial Work to
Repair a Breach in the Riverbank Within the Archery Range Natural Area.
EXECUTIVE SUMMARY
Lafarge West, Inc. owns and operates the Port of Entry (POE) Gravel Mine adjacent to Running Deer and Archery
Range Natural Areas. During the spring runoff in 2011, Poudre River flows overtopped the River bank on the
northwest corner of the POE Pit and eroded the bank back to the River so deeply that the River bank was breached
and the River was completely diverted through the gravel mine and back into the River at the southeast corner of the
pit. The breach is partially located within the Archery Range Natural Area. Lafarge has developed a plan to repair
the breach and return the Poudre River to its former channel prior to spring 2011 runoff. The revocable permit is
needed to allow Lafarge access to the City property and begin implementation of the plan within the time frame being
required by the Colorado Division of Reclamation, Mining, and Safety.
BACKGROUND / DISCUSSION
The Colorado Division of Reclamation, Mining and Safety (CDRMS) conducted a site inspection of the POE Pit and
determined that Lafarge was in violation of state mining regulations. In January 2012, the Colorado Mined Land
Reclamation Board stated that it would issue an order and requiring a technical revision be submitted within thirty days
from the date of the written order describing Lafarge’s plans to return the Cache la Poudre River to the channel that
existed prior to the breach. It is anticipated that the order, which has yet to be issued, will also require that substantial
steps be taken towards the implementation of the technical revision no later than thirty days from the approval date
of the technical revision.
Lafarge has developed a plan to repair the breach and return the Poudre River to its former channel. The revocable
permit is needed to allow Lafarge to access the City property and begin implementation of the plan within the time
frame outlined by CDRMS.
A complicating factor to this project is the location of breach; it is located within a River segment that has significant
river bank stability issues, primarily due to the historic gravel mining adjacent to the River. Following a series of River
breaches in the area in 1997 and again in 1999, the City funded a River Stability Study in 2001 to better understand
the bank stability issues and look at methods to address the issues. The City shared the results with the landowners,
mining permit holders, and other potentially affected parties in the area, and hosted several meetings in an attempt
to develop a comprehensive approach to addressing the bank stability issues. Unfortunately this effort did not result
in a comprehensive plan to stabilize the River banks and as a result, breaches like the ones that occurred in 1997 and
1999 have continued.
It is important to note that Lafarge’s repair of this breach will not address the overall bank stability issues; as such this
project is considered the first phase of a larger project that will occur in the future. The primary focus of Phase I is to
repair the breach in the embankment and redirect the River back into its former channel before spring runoff begins
in 2012. The City will continue to work with Lafarge and potentially others on the design and implementation of a more
comprehensive project addressing the stability issues.
In the Phase I project, Lafarge will reconstruct approximately 200 feet of river embankment that occurs both on Lafarge
property and Archery Range NA. The embankment side slope will be constructed at a 3:1 slope and armored with rock
riprap from the toe of the slope to the top of the River bank. Material used to construct the embankment will be covered
with topsoil and seeded to native vegetation. Additional work will occur within the River bed to fill areas scoured out
during the breach and remove sediment deposited downstream of the breach. Redirecting the River flow back into
the channel will help protect the cottonwood trees and riparian habitat within Running Deer and Archery Range Natural
Area.
February 21, 2012 -2- ITEM 17
Phase II of the project will be designed after the completion of Phase I and is anticipated to include additional work
both on and off the City Property. As part of Phase II, Lafarge will be required to obtain from the City any permanent
easements required and meet compensation and mitigation required by the Natural Areas and Conserved Lands
Easement Policy. The revocable permit will require Lafarge to obtain a permanent easement for Phase I including
all compensation and mitigation requirements. Staff expects to present the Phase I and Phase II easements to the
City Council for approval at the same time, and depending upon the details of the work, the terms and conditions for
Phase I and Phase II may be consolidated into one easement document.
Natural Areas staff recognizes that not having a fully executed easement in place at the time of the repair may pose
some risk to the City; however, staff believes that the risk is less than the risk of not allowing the repair to be made
until after an easement can be executed. If Lafarge were to wait until after an easement could be executed, it would
likely delay the repair to after spring runoff. Staff is concerned that allowing the 2012 runoff event to flow through the
gravel pit will cause the breach to enlarge, continue to erode the River bed upstream, and increase the damage to the
River channel. Further, the existing River channel is effectively dewatered and continuing this condition may cause
irreversible damage to the cottonwood trees and riparian habitat.
FINANCIAL / ECONOMIC IMPACTS
Lafarge has agreed to pay $1,500 to cover the cost to administer the Phase I Revocable Permit.
Prior to implementing Phase II Lafarge will be required to obtain any permanent easements required and compensate
Natural Areas for future administrative fees, the value of the easements, and ecological good and service values as
outlined in the Easement Policy.
ENVIRONMENTAL IMPACTS
Impacts that occur during Phase I construction activities will be restored to the current version of the Natural Areas
and Conserved Lands Resource Protection Standards. The loss in ecological services that results from granting the
revocable permit will be considered in Phase II of the project. Natural Areas will be compensated for this impact
through mitigation efforts, cash, or a combination of both as outlined in the Easement Policy.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BOARD / COMMISSION RECOMMENDATION
At its February 8, 2012 meeting, the Land Conservation and Stewardship Board discussed this topic and voted
unanimously to recommend authorization of the revocable permit to LaFarge, Inc.
PUBLIC OUTREACH
Several meetings have occurred to discuss this project and have involved Larimer County, City of Fort Collins Natural
Areas and Utilities Departments, Boxelder Sanitation District, Colorado Department of Water Resources, and the
Colorado Division of Reclamation, Mining, and Safety. In addition, this topic was discussed at the Colorado Mined
Land Board in January 2012.
ATTACHMENTS
1. Location map
2. Land Conservation and Stewardship Board minutes, February 8, 2012
RUNNING DEER NATURAL AREA
ARAPAHO BEND NATURAL AREA
RIVERBEND PONDS NATURAL AREA
VANGBO PROPERTY
ENVIRONMENTAL LEARNING CENTER
KINGFISHER POINT NATURAL AREA
CATTAIL CHORUS NATURAL AREA
COTTONWOOD HOLLOW NATURAL AREA
ARCHERY RANGE NATURAL AREA
EAGLE VIEW NATURAL AREA
PROSPECT PONDS NATURAL AREA
THE COTERIE
TIMBERLINE
HARMONY
ZIEGLER
PROSPECT
DRAKE
HORSETOOTH
HORSETOOTH
MAIN
4TH
KECHTER
COUNTY ROAD 5
BUSS GROVE
PROSPECT
LINCOLN
COUNTY ROAD 7
COUNTY ROAD 9
COUNTY ROAD 36
PRIVATE DRIVE
RIVERSIDE
COUNTY ROAD 5
HIGHWAY 14
MULBERRY
MULBERRY
INTERSTATE 25
INTERSTATE 25
Archery Range Natural Area Location Map
Natural Areas General
City Natural Areas
City Open Lands
Other Agency Natural Areas
Created by City of Fort Collins Natural Areas - 2012
Water Bodies ¹
City Natural Areas
City Open Lands
Other Agency Natural Areas
0 0.25 0.5 1
Miles
ARCHERY RANGE NATURAL AREA
ATTACHMENT 1
River Leaves Existing Channel
River Returns to Existing
Channel
F L O W
RESOLUTION 2012-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR LAFARGE WEST, INC.,
TO ACCESS AND COMPLETE INITIAL WORK TO REPAIR A BREACH IN THE
RIVERBANK WITHIN THE ARCHERY RANGE NATURAL AREA
WHEREAS, Lafarge West, Inc. (“Lafarge”), owns and operates a gravel mine in Larimer
County known as the Port of Entry Pit (the “POE Pit”); and
WHEREAS, during spring runoff in 2011, flows in the Cache La Poudre River overtopped
the riverbank near the northwest corner of the POE Pit, and the erosive effect of the flows into the
POE Pit resulted in a breach of the riverbank that diverted flows from the riverbed into the POE Pit;
and
WHEREAS, the breach of the riverbank is located on a portion of the City’s Archery Range
Natural Area, described on Exhibit “A”, attached and incorporated herein by this reference (the
“Permit Area”); and
WHEREAS, the Colorado Division of Reclamation, Mining and Safety (“CDRMS”), which
permits and regulates mining activities in the State, has determined that the breach constitutes a
violation of the legal requirements applicable to Lafarge’s mining of the POE Pit; and
WHEREAS, CDRMS has presented its findings to the Colorado Mined Land Reclamation
Board at that Board’s January 2012 meeting, and as a result of that discussion of the issue, Lafarge
has been directed to develop plans for immediate steps to repair the breach before the 2012 spring
runoff, and to prepare a technical permit revision for CDRMS approval; and
WHEREAS, although additional analysis and more extensive work will be required to
address the river stability issues caused by the proximity of the POE Pit to the river, immediate work
is needed in order to prevent aggravation of the existing condition by high flows in the coming
months; and
WHEREAS, Lafarge has committed to working with the City and with other affected
property owners in the vicinity to design and implement more comprehensive measures to address
the river stability issues; and
WHEREAS, in order to carry out the immediate work to repair the breach, Lafarge has
requested that the City grant a revocable permit for access, to and reconstruction of, the riverbank
within the Permit Area, consistent with plans to be approved by the City; and
WHEREAS, the revocable permit will require that Lafarge cover the reconstructed area with
topsoil and suitable native vegetation, and otherwise perform its work in accordance with the City’s
Natural Areas and Conserved Lands Resource Protection Standards; and
WHEREAS, Lafarge will be required to pay $1,500 to cover City administrative costs
associated with processing the requested revocable permit; and
WHEREAS, Lafarge will further be required to enter into a permanent easement agreement
for ongoing maintenance and repair of the riverbank, and to obtain a permanent easement from the
City in order to carry out the future obligations on, and in the vicinity of, the Permit Area; and
WHEREAS, it is in the City’s interest for the riverbank to be repaired and reconstructed prior
to high flows in spring 2012, and the granting of a revocable permit as described herein will enable
that work to proceed; and
WHEREAS, Article XI, Section 10 of the City Charter authorizes the City Council to permit
the use of occupation of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the granting of a
revocable permit, as described herein, is for the benefit of the citizens of Fort Collins and in the
interest of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as are
necessary to grant a revocable permit to Lafarge, consistent with the terms of this Resolution,
together with such additional 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 to
effectuate the purposes of this Resolution, including any necessary corrections to the legal
descriptions thereof that do not result in a material increase or change in character of the Permit
Area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
ARCHERY RANGE NATURAL AREA
RUNNING DEER NATURAL AREA
¹
Lafarge Breach POE Pit Project Location
Created by City of Fort Collins Natural Areas - 2012
Project Area
Larimer County
Project Boundary
Natural Areas
0 50 100 200 300 400
Feet
EXHIBIT A
Project Location
DATE: February 21, 2012
STAFF: J.R. Schnelzer
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 18
SUBJECT
Resolution 2012-013 Approving a Two Year Extension of the Second Interim Intergovernmental Agreement among
the City, the Downtown Development Authority, the Downtown Business Association and Progressive Old Town
Square, LLC, Regarding the Maintenance and Management of Old Town Plaza.
EXECUTIVE SUMMARY
This Resolution authorizes the City to extend the current Old Town Plaza maintenance and management agreement
for two years by amending the existing agreement with the Downtown Development Authority (DDA), the Downtown
Business Association (DBA), and Progressive Old Town Square, LLC (POTS).
BACKGROUND / DISCUSSION
The Old Town Plaza was developed in 1983-84 by a private developer to enhance the businesses in the Old Town
area and provide a walking mall for shoppers. The DDA is the owner of this public plaza. In July 1993, Resolution
1993-161 authorized an intergovernmental agreement between the City of Fort Collins, and the DDA and the Fort
Collins Old Town Limited Liability Company (FCOT) regarding the maintenance and management of Old Town Plaza,
and established a payment in lieu of taxes, in the event the City did not receive a specified minimum tax increment
from FCOT. The initial agreement ran for a period of 25 years, with two ten year periods. On October 29, 1993, the
City, DDA and Progressive Old Town Square Limited Liability Company (POTS), successor in interest to FCOT,
entered into an agreement pursuant to Resolution1993-161. The agreement was for a period of 25 years, with two
ten-year extension periods.
There were two amendments to the October 29, 1993 agreement: one on May 20, 1994, concerning the provision of
electrical energy supply to lights and signs; and another dated August 14, 2000, which provided for enhanced
maintenance and capital improvements for Old Town Plaza.
On July 13, 2005, the City, DDA and POTS entered into an Interim Agreement redefining and modifying the roles,
responsibilities and financial commitments of each of the parties with regard to the use, operation, maintenance and
repair of Old Town Plaza and adjacent rights-of-way. The Interim Agreement was for a one-year term while the parties
worked on a new permanent agreement to replace the 1993 agreement. All parties met their responsibilities under
the Interim Agreement, even after its expiration. A second Interim Agreement, which also included the DBA, was
entered into on April 21, 2010, effective retroactively to June 15, 2006, and expiring on December 31, 2011. The
parties have not yet been able to negotiate a new permanent agreement, and now wish to enter into an amendment
that would extend the Second Interim Agreement, continuing each party’s responsibilities for Old Town Plaza and
adjacent rights-of-way for up to another two years, expiring on December 31, 2013. The City, DDA and POTS will
each contribute funds for maintenance and repair work, which will be performed by the City.
FINANCIAL / ECONOMIC IMPACTS
Under the terms of the Second Interim Agreement, the DDA and City each contributed $59,645 as their share of the
costs for maintaining Old Town Plaza and the adjacent rights-of-way; POTS contributed $54,566 in 2011 as its share.
These amounts will be adjusted annually based on the Consumer Price Index.
The agreement provides for the maintenance of the Old Town Plaza. The level of maintenance provided by the City’s
Parks Department is superior to the level of maintenance provided before the Parks Department’s involvement. A well-
maintained Plaza is an essential element to an attractive and vital Downtown. The success of downtown businesses
is enhanced by an attractive Old Town Plaza and their success improves the economic health of the community.
February 21, 2012 -2- ITEM 18
ENVIRONMENTAL IMPACTS
The current environment of the Old Town Plaza is developed around high intensity use, consisting of raised planter
beds, a water feature and hardscape consisting of pavers. The proposed extension of the Interim Agreement will
maintain the integrity of the hard surfaces by periodic power washing where all reclaimed water is captured. Flower
beds will be installed and maintained, utilizing annual planting and backed up with perennial plants. Watering will be
kept to a minimum with needed amounts determined by the weather and temperature. Fertilization will conform to
sustainable practices, utilizing organic material as much as possible, and recycled wood products. Staff in the core
area will utilize a bicycle mode of transportation as much as possible for the majority of the daily work.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BOARD / COMMISSION RECOMMENDATION
The DDA, DBA and POTS have all approved and executed the First Amendment to Second Interim Agreement, which
would extend the agreement for two additional years.
ATTACHMENTS
1. Map of service area
2. Scope of work
3. Downtown Development Authority minutes, January 12, 2012
1
Attachment 2
Extension of Second Interim Agreement
“Scope of Services”
A. The City shall be responsible for the following maintenance tasks in Old Town
Plaza, Trimble Court, Tenney Court, and the Rights-of-Way (collectively the
“Service Area”):
1. Routine Cleaning and Maintenance. The City will be responsible for
cleaning of all surfaces within the Service Area, including but not limited to
maintaining the cleanliness of flagstone and concrete surfaces, light
standards, trash receptacles, cigarette receptacles, movable planters, flag
poles and benches. The City will provide one power washing per week for
surfaces in areas where food vendors are permitted to operate, and eight
power washings per year for other paver surfaces. The City will repair
movable fixtures, including but not limited to benches and trash receptacles.
The City is not responsible under this Agreement for repairing permanent
fixtures, including but not limited to light standards and flag poles. The DDA
agrees to be responsible for repair and replacement of such permanent
fixtures, for replacement of all movable fixtures, and for repair or
replacement of infrastructure. The DDA may arrange with the City to provide
these additional services at the DDA’s expense.
2. Routine Cleaning and Maintenance of the Fountain. The City will apply
chemicals, change filters, and be responsible for turning on and shutting off
the fountain in Old Town Plaza. The city will drain, clean and refill the
fountain as needed. The DDA will be responsible for pump repairs,
replacement of fountain components and infrastructure and annual
underground pipe cleaning and/or replacement. The DDA may arrange
with the City to provide these additional services at the DDA’s expense.
3. Snow Removal. The City will provide snow removal services within the
Service Area up to $12,000 per calendar year. The cost of snow removal
services in excess of $12,000 per calendar year shall be paid for by the DDA.
The City will provide notice to the DDA when snow removal costs have
exceeded $9,600 per calendar year.
4. Flower Beds, Movable Planters, Hanging Baskets. The City will design,
purchase, install and provide routine maintenance of all plant materials,
including seasonal plantings, water, fertilizer, and fall cleanup for beds, planters
and hanging baskets located within the Service Area, based on the quantity of
materials provided the previous year. Any significant increase or decrease in
2
plantings from the previous year will only be by mutual agreement of the parties.
The City will replace plant materials damaged or destroyed by vandalism.
Should the DDA request that annual plants be installed prior to May 15 (average
date of last frost), the DDA will bear the cost of replacing annual plants
damaged by frost, snow, ice or freezing temperatures. The DDA or event
sponsor will also reimburse the City for the cost of replacement required as a
result of damage during special events, as described in Section D, below, or
extreme weather.
5. Routine Litter Control. The City will be responsible for litter control and debris
removal within the Service Area, except for special events where the event
sponsor is contractually responsible for cleanup, and except as described in
Section D, below. While performing its obligations under this Agreement, the
City shall be entitled to use the POTS dumpsters located behind Building 11, Old
Town Square, at no charge.
6. Statuary. The City will consult with POTS about any maintenance to be done
by the City for statuary owned by POTS within the Service Area, and the costs of
any such maintenance shall be the responsibility of POTS. The City will consult
with the DDA about maintenance to be done by the City for statuary owned by
the DDA within the Service Area, and the costs of any such maintenance shall
be the responsibility of the DDA.
7. Other. Any other maintenance requests beyond those listed in this Scope of
Services can be arranged for between the City and DDA at an additional cost
based on time and materials.
B. Building 13, Old Town Square. The DDA is responsible for routine
maintenance of Building 13, Old Town Square (the “Kiosk”) under the DDA Lease
Agreement with POTS. The DDA has arranged for the City to provide janitorial
services for the Kiosk under a separate IGA dated August 24, 2007. The City shall
have no other responsibility for maintenance of the Kiosk.
C. Flags and Holiday Decorations. The City will not be responsible for providing
or maintaining holiday decorations, banners or flags, other than holiday lighting
as stipulated in the separate Holiday Lighting Agreement dated December 1,
2008, or as the parties may otherwise agree. The City will not be responsible for
repairing any vandalism to decorations, banners or flags. The City will assist in
set up and removal of holiday decorations, Santa’s House banners or flags, if
requested, at an additional cost for time and materials.
D. Special Events. If a DDA-or DBA-authorized special event held in the Service
Area requires higher than normal levels of trash pickup, repair or replacement of
damaged plantings and fixtures, the need for additional power washing, or
other cleaning or maintenance services beyond regularly scheduled day-to-day
3
levels in order to return the Service Area to the approximate condition it was in
prior to the special event, the City may bill the DDA for such additional services.
The DDA must notify the City Parks Department in advance of all DDA- or DBA-
scheduled special events occurring within the Service Area, including the
expected size and length of the event.
E. Level of Service. The City will provide the level of maintenance and repair,
snow removal services, and quantity, quality and type of plant materials that it
normally and customarily provides in its own programs, and the City, in
consultation with the DDA, will make the determination of any needed repair or
replacement or the type and manner of such repair or replacement. Repairs
and replacements shall be generally consistent with the design of similar
improvements in the Old Town Plaza. Beginning on June 30, 2009 and by the
same date in each succeeding year during the Term, the City will provide the
DDA with a description of services being performed in Old Town Plaza and the
Rights-of-Way by the City under this Scope of Services and a breakdown of the
cost of each service, and shall further identify any modifications to the levels of
service that have been affected by changes in the City’s customary service
levels.
F. No POTS Responsibility. In accordance with Paragraph 3.2 of the Second
Interim Agreement and notwithstanding any limitations on the City’s Scope of
Services as set forth in this Exhibit D, POTS shall have no responsibility for
maintenance, repair or replacement of improvements within the Old Town Plaza
or the Rights-of-Way during the Term hereof provided that it is current in making
its required payments under the Second Interim Agreement.
Attachment #2: Service area defined.
RESOLUTION 2012-013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A TWO-YEAR EXTENSION OF THE SECOND INTERIM AGREEMENT
AMONG THE CITY, THE DOWNTOWN DEVELOPMENT AUTHORITY,
THE DOWNTOWN BUSINESS ASSOCIATION AND PROGRESSIVE OLD TOWN
SQUARE, LLC, REGARDING THE MAINTENANCE
AND MANAGEMENT OF OLD TOWN PLAZA
WHEREAS, the Downtown Development Authority (DDA) is the owner of certain real
property located in Fort Collins, Colorado, known as “Old Town Plaza”, as shown on Exhibit “A”,
attached and incorporated herein by reference; and
WHEREAS, Old Town Plaza was developed by a private developer in 1983-84 to enhance
the Old Town area by providing a pedestrian mall for shoppers; and
WHEREAS, Progressive Old Town Square Limited Liability Company (POTS) is the owner
of private buildings adjacent to Old Town Plaza, as shown on Exhibit A; and
WHEREAS, the Downtown Business Association (DBA) manages Old Town Plaza on
behalf of the DDA; and
WHEREAS, the City is the owner of certain rights-of-way adjacent to and abutting both Old
Town Plaza and the POTS property, as shown on Exhibit A; and
WHEREAS, in July, 1993, the City Council approved Resolution 1993-161, authorizing an
agreement between the City, the DDA, and POTS’ predecessor in interest; and
WHEREAS, on October 29, 1993, in accordance with Resolution 1993-161, the City, DDA
and POTS entered into an agreement regarding the maintenance and management of Old Town Plaza
and establishing a payment in lieu of taxes (the “1993 Agreement”); and
WHEREAS, the parties have since executed two amendments to the 1993 Agreement, the
first of which, dated May 20, 1994, had to do with the provision of electricity to lights and signs,
and the second, dated August 14, 2000, provided for payments for enhanced maintenance and capital
improvements for Old Town Plaza; and
WHEREAS, On July 13, 2005, the City, DDA and POTS entered into an agreement
modifying the roles, responsibilities and financial commitments of each party with regard to the use,
operation, maintenance and repair of Old Town Plaza and adjacent rights-of-way (the “First Interim
Agreement”); and
WHEREAS, on April 21, 2010, the City, DDA, DBA and POTS entered into a revised
agreement regarding Old Town Plaza and the adjacent rights-of way (the “Second Interim
Agreement”); and
WHEREAS, under the Second Interim Agreement the City and DDA each agreed to
contribute $58,931 annually and POTS agreed to contribute $4,500 per month, as their respective
shares of the maintenance costs, with these amounts being adjusted annually to reflect changes in
the consumer price index; and
WHEREAS, the First and Second Interim Agreements were meant to remain in place only
until the parties negotiated a new agreement to replace the 1993 Agreement; and
WHEREAS, the Second Interim Agreement expired on December 31, 2011; and
WHEREAS, the parties have not yet negotiated a new agreement and now wish to extend
the Second Interim Agreement on the same terms and conditions; and
WHEREAS, a proposed First Amendment to the Second Interim Agreement, which would
extend the Second Interim Agreement for up to three more years, is attached and incorporated herein
as Exhibit “B”; and
WHEREAS, the First Amendment to the Second Interim Agreement has been approved by
the DDA, DBA and POTS; and
WHEREAS, under the Second Interim Agreement, the City, DDA and POTS would each
continue to contribute funds to pay for maintenance and repair work for Old Town Plaza and the
rights-of-way, with the City performing the work; and
WHEREAS, pursuant to Section 1-22 of the City Code, the City Council is being asked to
approve the First Amendment to the Second Interim Agreement by resolution because it is, in part,
an intergovernmental agreement between the City and the DDA, and the direct monetary payments
to be made by the City exceed $50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to execute the First Amendment to the Second
Interim Agreement in substantially the form as is shown in Exhibit “B”, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney, deems
necessary and appropriate to protect the interests of the City or to effectuate the purposes of this
Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
Exhibit B
DATE: February 21, 2012
STAFF: Patti Teraoka
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 19
SUBJECT
Routine Easements.
EXECUTIVE SUMMARY
A. Easement for construction and maintenance of public utilities from PJM7, LLC, to install an electric switch
cabinet, located at 1611 South College Avenue
B. Easement for Johnson Investments, to relocate existing electric duct bank, located on South College Avenue,
Lot 1, Choice Center.
FINANCIAL IMPACTS
A. PJM7, LLC will be reimbursed $480.
B. Johnson Investments will be reimbursed $12,017.
STAFF RECOMMENDATION
Staff recommends adoption of these routine easements.
ATTACHMENTS
1. PJM7, LLC Location Map
2. Johnson Investments Location Map
DATE: February 21, 2012
STAFF: Steve Roy, Karen Cumbo,
Ginny Sawyer
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 24
SUBJECT
Second Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II,
Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council.
EXECUTIVE SUMMARY
This Ordinance, which is being presented on Second Reading, has been modified in several respects in response to
comments and concerns expressed during the public outreach process that has been conducted since First Reading.
The changes include: shortening the previously proposed period of time within which the hearing on an appeal must
be held; clarifying the form of notice of appeal; eliminating the provision that would have allowed parties-in-interest to
file a written response to the notice of appeal; and changing to the provisions dealing with the introduction and handling
of new evidence. No changes have been made to two of the amendments that were proposed on First Reading. The
amendments that remain the same are: the amendment that would allow a Councilmember to participate in hearing
an appeal even if he or she had filed the appeal, and amendments related to the site inspection process.
BACKGROUND
When this Ordinance was presented to Council on First Reading, there were two proposed amendments that the
Council modified before voting in favor of the Ordinance. The first Council modification was to the proposed
amendment that would allow parties-in-interest who were opposed to an appeal to file a written response to the notice
of appeal. The Council modified that proposal by expanding the group of persons who could file a written response
to the notice of appeal so as to include any party-in-interest, rather than just those who were opposed to the appeal.
The second change that Council made was to reject a proposed amendment that would have allowed members of the
general public to participate in the hearing on an appeal.
Second Reading of the Ordinance was postponed in order to allow time for additional public outreach. Staff has
conducted three different outreach meetings—two with the general public and one with the Chamber of Commerce--
and additional changes to the proposed Ordinance have been made in response to citizen comments received at these
meetings. Summaries of the comments received at each of those meetings are attached.
Several concerns raised during the meetings have been addressed by additional revisions to the proposed Ordinance.
The concerns expressed and the revisions suggested by staff are as follows:
• That the new period of time that staff had suggested for scheduling the hearing on an appeal was
too long. Under the Code as presently written, an appeal must be heard no less than 30 nor more
than 60 calendar days after the date of filing of the notice of appeal. This time frame has created
problems because the City Clerk is sometimes unable to find a date within 60 days that is
acceptable to the parties-in-interest and that accommodates the other business that is scheduled
for Council’s consideration during that period of time. On First Reading, staff had suggested
expanding the period to 120 days. Because of concerns that this expanded time frame would
cause undue delay in the processing of a development application, staff is now recommending
that the hearing be set as soon as reasonably practicable but no more than 75 days after the date
of filing of the notice of appeal.
• That the form of the notice of appeal should be clarified. In order to ensure that the notice of appeal
contains all the requisite information and does not introduce new information into the appeal process, staff
is recommending that language be added to Section 2-49, pertaining to the filing of the notice of appeal,
clearly stating that no information other than that specified in the revised version of that section may be
included in or attached to the notice of appeal or submitted to or received by the City prior to the hearing
on the appeal. In addition, a standardized form has been prepared for the notice of appeal.
February 21, 2012 -2- ITEM 24
• That it would be a mistake to allow parties-in-interest to file a written response to an appeal. While
a written response could help better frame the issues, the primary concern expressed was that
those responses would likely contain new evidence, which would create a need to either disallow
the responses or have them modified. Another concern was that adding an opportunity for a
written response would lengthen and complicate the process. Staff believes that these concerns
have merit; therefore, staff is no longer recommending that parties-in-interest be allowed to file
a written response.
• That Councilmembers who file an appeal should not participate in hearing the appeal. The
concern here is that if a Councilmember feels strongly enough about a decision made by a board
or commission or hearing officer to appeal the decision, he or she may not be able to be impartial
in deciding the appeal. While staff believes that this concern may have merit, the Council directed
that this change be brought forward, so it is still included in the proposed amendments. From a
strictly legal standpoint, there is a strong presumption under the relevant case law that
administrative decision makers will be impartial. Consequently, it is unlikely that a decision on
appeal would be overturned on the grounds of bias merely because one or more Councilmembers
who participated in the appeal hearing had asked the Council to review the decision by filing an
appeal.
• That the way in which new evidence is handled at appeal hearings is confusing and unpredictable.
The Ordinance addresses this concern in the following ways.
- The opportunity for parties-in-interest to file written materials in advance of the hearing has
been eliminated. At present, Section 2-54(b) states that such materials may be filed in the
office of the City Clerk up until noon on the Wednesday prior to the hearing as long as any
new evidence contained in the materials is limited to that which responds to an allegation that
the original decision maker considered evidence that was substantially false or grossly
misleading. This provision has proven to be confusing to parties-in-interest and has led to
the misconception that written materials other than those permitted under this section can be
presented to the Council prior to the hearing on the appeal.
- Section 2-57(b), which describes the extent to which new evidence may be considered on
appeal, has been amended by the addition of a new subparagraph stating that any new
evidence offered by the appellant at the hearing shall be limited to the new evidence that is
either described in the notice of appeal or offered in response to Council questions.
- A provision has been added to Section 2-57 stating that any party-in-interest may object to
the introduction of new evidence at the hearing, and the objection will be ruled on by the
Mayor, subject to being overridden by the majority of the Council.
• That the changes being recommended to the section relating to site inspections should not allow
for individual site inspections without staff or parties-in-interest being present. The changes to the
provision relating to site inspections are being recommended in response to questions and
concerns that were raised by a citizen during the appeal of the Planning and Zoning Board’s
decisions regarding The Grove ODP and PDP. The revised language would, among other things,
allow Councilmembers to inspect the site of a proposed development plan either alone or in the
company of staff and any parties-in-interest who wish to attend the inspection. Concern was
expressed that, if Councilmembers inspect the site without staff present (other than by simply
driving by the site), their observations might somehow compromise the integrity of the process
and/or lead to misimpressions about the development proposal or its impact upon adjacent
properties. However, staff continues to believe that the proposed changes are appropriate, that
they will allow for more flexibility in the site inspection process, and that this flexibility is necessary
because it is often difficult to find a date and time when all Councilmembers who are interested
in viewing the site can attend as a group.
In combination, staff believes that the proposed amendments will improve the appeals process and are responsive
to the concerns that have been raised during the public outreach. Because a considerable period of time has elapsed
since First Reading, the Ordinance shows in blue the changes that have been made since First Reading as well as
in comparison to the existing language of the Code.
February 21, 2012 -3- ITEM 24
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board discussed the proposed changes at its February 10, 2012 work session and will make
a recommendation at its February 16 meeting. This recommendation will provided to Council in the February 21 read
before packet.
PUBLIC OUTREACH
Following First Reading of Ordinance No. 131, 2011, staff hosted a public meeting on November 30, 2011 seeking
feedback on the proposed changes. Based on citizen feedback additional changes were made to the Ordinance. On
January 27, 2012, staff presented proposed changes to the Chamber Legislative Affairs Committee and on February
1, 2012 another public meeting was held. General notes from all meetings are included as attachments.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - October 4, 2011
(w/o attachments)
2. New form for Notice of Appeal
3. Public Outreach meeting notes, November 30, 2011
4. Chamber Legislative Affairs Committee meeting notes, January 27, 2012
5. Public Outreach meeting notes, February 1, 2012
6. Powerpoint presentation
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: October 4, 2011
STAFF: Steve Roy
Karen Cumbo
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
First Reading of Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II,
Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council.
EXECUTIVE SUMMARY
This Ordinance makes several changes to the way in which appeals to the City Council are handled. The changes
are in response to concerns and suggestions of persons who have participated in recent land use appeals, and to
direction provided by the City Council at a Council work session. The changes deal with the following topics: the
scheduling of the appeal hearing; the ability of Councilmembers who file an appeal to participate in hearing the appeal;
the ability of opponents of an appeal to present their views in writing in addition to presenting argument at the hearing;
the manner in which site visits are conducted; the submission of written materials to the Council; and expanding the
group of persons who can participate in appeal hearings.
BACKGROUND / DISCUSSION
Chapter 2, Article II, Division 3 of the City Code establishes a procedure whereby the final decisions of certain boards
and commissions and other decision makers can be appealed to the City Council. Most frequently, this appeal process
is used for considering appeals from the decisions of the Planning and Zoning Board or the City’s administrative
hearing officer on applications for approval of land use proposals. Over the recent past, parties on both sides of the
appeal process have expressed concerns about the process and have suggested ways in which it could be improved.
On June 14, 2011, at a City Council work session, the Council considered a number of these issues, including the
possibility of establishing a “de novo” appeal process in place of the existing “on the record” appeal process. Under
a de novo process, the Council would conduct an entirely new hearing on the matter that had been decided by the
initial decision maker rather than limiting the evidence at the appeal hearing to the record that was established at the
hearing before the initial decision maker. At the conclusion of the work session discussion, the Council indicated a
preference for retaining the current appeal process but making several revisions. The proposed revisions to be
included in this Ordinance were the following:
• eliminating the current provision that prevents Councilmembers who file an appeal from participating in
hearing the appeal;
• expanding the period of time within which the hearing on an appeal must be scheduled; and
• expanding the group of persons who are entitled to speak at an appeal hearing to include members of the
general public.
Those changes are included in the proposed Ordinance. In addition, City staff has recommended the following
additional changes:
• creating an opportunity for parties opposed to an appeal to file a statement in opposition to the appeal;
• clarifying the extent to which new evidence may be contained in written materials presented to the Council
prior to the hearing and in presentations made at the hearing;
• clarifying the purpose and procedure for conducting inspections of the site that is the subject of an appeal.
COPY
COPY
COPY
COPY
October 4, 2011 -2- ITEM 17
The primary purpose behind allowing opponents of an appeal to file a written statement in opposition to the appeal
is to give the parties on both sides of the appeal early notice of the other party’s position. In that way, the parties can
better prepare and focus their remarks at the appeal hearing. This change should also shorten the time needed at
the appeal hearing for the parties to make their oral presentations, especially in the case of appeals that are complex
in nature.
STAFF RECOMMENDATION
Staff is supportive of all of the proposed changes with the exception of expanding participation in the appeal process
to allow comment at the appeal hearing by members of the general public in addition to parties-in-interest. Staff is
concerned about that proposal for several reasons.
First, the City’s decision whether to approve a land use proposal is made through a “quasi judicial” process in which
the decision maker (both the initial decision maker and the City Council), determine the rights of particular parties who
are directly and immediately affected by the proposal. The decision must be based upon established criteria. Those
who have been involved in the process prior to the Council appeal hearing and who are directly affected by a
development proposal are more likely to focus their remarks on the facts in the record and the relevant criteria rather
than on general policy consideration.
Second, the City Code already defines “parties-in-interest” to include not only the applicant, the interest holder in the
property that is the subject of the application, and those who live close to the site, but also those members of the
general public who sent comments to the initial decision maker or appeared at the hearing before the initial decision
maker. Thus, the general public is already able to participate in the process for reviewing land use applications.
Third, allowing the general public to speak at the appeal hearing would likely make it more difficult for the Council to
hear all persons who wish to speak at the hearing within the limited period of time that is available for presentations
at the hearing.
Finally, this change could be construed as expanding the group of persons who would have legal “standing” to
challenge the Council’s decision in court, in which case, then even nonresidents of the City who have no direct stake
in the approval or denial of the particular application could bring such a challenge. Therefore, if the Council decides
to make this change, staff recommends that additional language be added on Second Reading expressly stating that
the ability of members of the public to speak at the appeal hearing should not be construed as giving those members
of the public the right to challenge the City Council’s decision in court.
ATTACHMENTS
1. Chart of Appeal Timeline
2. Powerpoint presentation
NOTICE OF APPEAL
Action Being Appealed:
Board, Commission, or Other Decision Maker:
Date of Action:
Grounds for Appeal (U all that apply):
The board, commission or other decision maker committed one (1) or more of the
following errors:
G Failure to properly interpret and apply relevant provisions of the City Code,
the Land Use Code and Charter. List Code and/or Charter sections (by
section number only) below:
G Failure to conduct a fair hearing in that:
G The board, commission or other decision maker exceeded its authority
or jurisdiction as contained in the Code or Charter;
G The board, commission or other decision maker substantially ignored
its previously established rules of procedure;
G The board, commission or other decision maker considered evidence
relevant to its findings which was substantially false or grossly
misleading; (see attached description of any new evidence appellant
wishes to submit at the hearing in support of this allegation); or
G The board, commission or other decision maker improperly failed to
receive all relevant evidence offered by the appellant.
(For each allegation marked above, please attach a separate summary of the facts contained in the
record which support the allegation. Each summary is limited to two pages, Times New Roman 12
point font. Please restate allegation at top of first page of each summary.)
Appellant Representative (if more than one appellant):
Name, address, and telephone number(s) of individual appellant authorized to receive, on behalf of all appellants, any
notice required to be mailed by the City to the appellants regarding the City Attorney’s review of the notice of appeal
(City Code Section 2-50).
ATTACHMENT 2
Please describe the nature of the relationship of each appellant to the subject of the action of
the Board, Commission or other Decision Maker:
If appellant has alleged that the decision maker considered evidence relevant to its findings
that was substantially false or grossly misleading, describe any new evidence the appellant
intends to submit at the hearing on the appeal in support of this allegation. NO NEW
EVIDENCE WILL BE RECEIVED AT THE HEARING IN SUPPORT OF THIS
ALLEGATION UNLESS IT IS EITHER DESCRIBED BELOW OR OFFERED IN
RESPONSE TO QUESTIONS PRESENTED BY COUNCILMEMBERS AT THE
HEARING.
Appellants:
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Appellants:
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
Phone ______________________________
Date ______________________________
Signature ______________________________
Name ______________________________
Address ______________________________
1
Ordinance 131‐Changes to the Appeals Process
Public Outreach Meeting
Wednesday, November 30 from 6 p.m. to 7 p.m.
14 people in attendance
Comments related to the Ordinance:
Allows Council members who file an appeal to participate in hearing the appeal.
What is the rationale for this?
Seems strange (and concerning) that someone could appeal and then be a decision making on same
appeal.
Allows parties‐in‐interest to file a response or statement.
Is this reactionary and maybe unnecessary?
Responses need legal review and need to be redacted prior to the hearing.
Who would know in a timely manner at a hearing if new information was being presented?
Does this add too many days to the process?
Does this improve any legal standing of the appeal or the findings?
Who determines if a response is from a Party‐in‐Interest?
By inviting all Parties‐in‐Interest into the appeal process does it mislead people to think it will be a “re‐
hearing” as opposed to an “appeal hearing?”
If Parties‐in‐Interest can write a response will that limit the speaking time at the hearing?
Expands the time within which an appeal hearing must be scheduled. (Changes from 60 to 120 days.)
120 days is excessive.
75 to 90 days is more acceptable.
120 days could require a new appraisal or re‐submittal of all financial information.
120 days is punitive and is equivalent to an entire construction season.
The timing of this is bad considering the incredibly difficult financing climate.
What is the standard in other communities?
Clarifies the extent to which new information may be presented to Council prior to and during the hearing.
Concerned about what is considered new or reconfigured. Referred to past case where applicant claimed
they did not have time to review documents.
Define reconfigured.
Clarifies the purpose and procedure for conducting site inspections.
Why is this needed?
General Ord. 131 Comments
Timing isn’t good. Public should have been involved prior to First Reading.
It would be good to have a problem statement (backed up with data) showing what the problem is we’re
trying to fix.
This ordinance may not help the process.
ATTACHMENT 3
2
General Appeal Process Comments
Since we do so few appeals maybe training for Council ahead of time to ensure the process is followed
and runs smoothly.
Need a handout or materials outlining the appeal process and objective.
Have a neighborhood meeting prior to an appeal hearing.
The applicant should always be held to a higher standard than the neighbors (they know the process.)
Need a forum for people to voice non LUC related issues and concerns.
Appeal vs. Re‐hearing. Need to be clear and careful in messaging.
Will there be any change to the exparte rule to allow greater dialogue between residents and neighbors?
Need to create assurance amongst public tat the process is good and fair.
Need process changes to limit the length of hearings. No one should be expected to perform well and
think clearly at a 6‐8 hour meeting late into the night.
Before anything can move forward we must address the failure of the process and must uphold the LUC.
Verbal arguments at hearing should only address specific elements of the LUC. Can Council control this?
Ordinance 131‐Changes to the Appeals Process
Chamber Legislative Meeting
Friday, January 27, 2012
Comments related to the Ordinance:
Allows Council members who file an appeal to participate in hearing the appeal.
Strong concern about this.
Bad public perception.
Is this a change? Was it previously not allowed? What is the history?
Why an exemption for Council to appeal rather than only allowing a Party‐in Interest?
What if it took 3 Councilmembers to appeal?
Allows parties‐in‐interest to file a response or statement.
Support this change.
Expands the time within which an appeal hearing must be scheduled. (Changes from 60 to 120 days.) 75 days
Support this change and are good with timeline.
Clarifies the extent to which new information may be presented to Council prior to and during the hearing.
No discussion on this.
Clarifies the purpose and procedure for conducting site inspections.
Concerned about Council inspecting on their own without opportunity for technical explanations and
background.
Suggested scheduling inspections at time of appeal (future date) that could be included in the notice and
whomever can and wants to attend does so.
General Comments
Try to do outreach on the frontend, not between 1st and 2nd readings.
Can an attorney attend on February 1 to better explain technical aspects of the changes?
Consider having a 3rd party moderator at appeal hearing to run the meeting. This would take pressure off
the Mayor to remember all protocol and manage time and comments.
ATTACHMENT 4
Ordinance 131‐Changes to the Appeals Process
Public Outreach Meeting
Wednesday, February 1, 2012
Comments related to the Ordinance:
Allows Council members who file an appeal to participate in hearing the appeal.
Strong concern about this.
Bad public perception. Feels like a slippery slope.
Is this a change? Was it previously not allowed? What is the history? Why the change?
Suggest that at it take at least 3 or 4 Councilmembers to appeal.
Allows parties‐in‐interest to file a response or statement.
Support this change although also see why those involved would want to respond in writing. If written
appeals were allowed, ideally it would help (shorten, clarify, keep on track) the entire hearing process.
Expands the time within which an appeal hearing must be scheduled. (Changes from 60 to 120 days.) 75 days
Support this change and are good with timeline.
Clarifies the extent to which new information may be presented to Council prior to and during the hearing.
There are still questions and concerns regarding who determines what is new evidence during the
hearing. Anything not addressing what is included in the filed appeal should not be discussed.
Sec. 2‐57 might need another look. With this language would the pro‐Grove neighbors be allowed to
speak as they did at the Grove hearing?
Clarifies the purpose and procedure for conducting site inspections.
Concerned about Council inspecting on their own without opportunity for technical explanations and
background. Want to ensure that even if Councilmembers go alone that property owners would be
notified (particularly if there are residents at the property.)
Who would “police” a solo visit? Now the visits are somewhat regulated and procedural as to method
and discussion.
Why the word “inspection” vs “visit?”
General Comments
Multiple comments regarding procedure and the need and responsibility for Council to keep the appeal
on track (only addressing the merits of the filed appeal) and well run. Appeals should not be a new
hearing. Suggestions included a pre‐meeting with all parties to cover the appeal process and what is and is
not allowed. Equal time for all parties, no extensions.
Is this an over‐reaction to the Grove appeal?
What are the real improvements in this ordinance?
Over all process needs to be clearly laid out ahead of time (brochure in laymen terms available with
appeal paperwork.) Particularly need to address the ex parte issue. People are still not clear what is
allowed, when. Freedom of speech issue was raised.
Feeling that Council does not have a good understanding of what quasi‐judicial means and their role.
ATTACHMENT 5
1
1
Ordinance No. 131, 2011
Amending the Procedures for Hearing
Appeals to the City Council
City Council Meeting
February 21, 2012
Agenda Item 2244
2
Council Appeal Process
Council hears appeals from boards, commissions and
hearing officers that make “quasi‐judicial” decisions.
City’s appeal process is based on the record of the
hearing before the initial decision maker—not an
entirely new hearing.
Different than a “de novo” hearing.
ATTACHMENT 6
2
3
Background
Council heard Ord. No. 131 in October 2011.
The ordinance proposed numerous changes to
the appeal process.
Council requested public outreach and input on
proposed changes before a second reading.
4
Staff conducted a public meeting in November
2011.
Changes were made based on feedback.
New changes were presented to the Chamber
Legislative Affairs Committee, the P & Z Board,
and at a public meeting.
Background
3
5
Proposed amendments
Councilmembers who file an appeal may participate in
hearing the appeal. (No Change)
More time for holding appeal hearing –increased
from 60 days to 75 days after filing of notice of appeal.
(Changed from original recommendation of 120 days.)
6
Revised ordinance:
‐ Limits the information that may be included in a
notice of appeal and requires the use of City form.
‐ Eliminates previous recommendation that parties‐in‐
interest have opportunity to file written response.
‐ Clarifies provisions related to new evidence by:
‐ Eliminating submission of written materials prior to
hearing on appeal.
– Clarifying process for presenting and objecting to
any new evidence at the hearing.
‐ Clarifies procedures for site inspections. (No change.)
Proposed amendments
4
7
Notice of Appeal
Internal Review
Must be filed within 14 calendar days of date of
decision subject to appeal.
Within 5 working days of filing of Notice of Appeal –
City Attorney reviews.
Within 7 working days of filing of Notice of Appeal –
City Attorney’s comments are mailed to Appellant.
Within 14 working days of filing of Notice of Appeal -
Appellant may file an amended appeal.
Site Inspection? Within 10 calendar days of filing of Notice of Appeal,
Council may request a site inspection.
Notice of Hearing No less than 10 calendar days prior to the hearing
date – Notice of Hearing is mailed to parties-in-
interest.
Hearing Must be held within 75 calendar days of filing of Notice
of Appeal.
8
Staff Recommendation
Approval of all changes
Changes made between First and Second Reading are in blue
ORDINANCE NO. 131, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE APPEALS PROCEDURE CONTAINED IN CHAPTER 2,
ARTICLE II, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO PROCEDURES FOR HEARING APPEALS TO THE CITY COUNCIL
WHEREAS, Chapter 2, Article II, Division 3 of the City Code establishes a procedure
whereby the final decisions of boards, commissions and other decision makers can be appealed to
the City Council (the “Appeals Procedure”); and
WHEREAS, City staff has identified a number of issues related to the appeal process that
warrant Council consideration, some of which were considered and discussed by the City Council
in a work session held on June 14, 2011; and
WHEREAS, the issues discussed by the City Council at the work session and the additional
issues that have been identified by City staff include the following:
• the period of time within which the hearing on an appeal must be scheduled;
• the fact that parties-in-interest to an appeal do not have an opportunity to respond in
writing to the allegations contained in the notice of appeal that is filed by appellants;
• the process for scheduling site inspections;
• the role of the public in appeal hearings; and
• whether Councilmembers who file an appeal should be able to participate in hearing
the appeal; and
WHEREAS, the City Council has determined that these issues should be addressed by
amendments to the Appeals Procedure.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-48(c) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-48. Appeal of final decision permitted; effect of appeal; grounds for
appeal.
. . .
(c) Appeals filed by members of the City Council need not include specific
grounds for appeal, but shall include a general description of the issues to be
considered on appeal. Upon the filing of any such appeal, the director of the affected
City service area shall identify the specific Code provisions that may pertain to the
issues raised by such appeal and shall provide such information to the City Clerk
prior to the date that the notice of hearing on the appeal is to be mailed by the City
Clerk to parties-in-interest under § 2-54. Said information shall then be mailed to the
parties-in-interest together with the notice of hearing. Councilmembers who file an
appeal shall not participate in deciding the appeal. Such Councilmembers may,
however, participate in the appeal hearing in the same manner as other appellants,
notwithstanding the provisions of Paragraph 2-568(c)(2)Councilmembers who file
an appeal may participate in hearing such an appeal in the same manner as they
participate in hearing appeals filed by other parties-in-interest.
Section 2. That Section 2-49 of the Code of Fort Collins is hereby amended to read as
follows:
Sec. 2-49. Filing of notice of appeal; No other written materials.
(a) An appeal shall be taken by filing a notice of appeal of the final decision of
a board, commission or other decision maker to which this Division applies with the
City Clerk within fourteen (14) calendar days after the action which is the subject of
the appeal. Such notice of appeal shall be on a form provided by the City Clerk, shall
be signed by all appellants and shall include the following:
(1) The action of the board, commission or other decision maker which
is the subject of the appeal;
(2) The date of such action;
(3) The name, address, telephone number and relationship of each
appellant to the subject of the action of the board, commission or
other decision maker;
(4) ForIn all appeals except those filed by members of City Council, the
grounds for the appeal, including specific allegations of error and a
summary of the facts contained in the record on appeal which support
those allegations; and
(5) For anyIn the case of an appeal alleging under Subsection 2-48(2)c
that a board, commission or other decision maker considered
evidence relevant to its findings whichthat was substantially false or
grossly misleading, any new evidence the appellant wishes to submit
at the hearing on the appeal that tends to prove or disprove such in
support of this allegation; and
-2-
(65) In the case of an appeal filed by more than one (1) appellant, the
name, address and telephone number of one (1) such appellant who
shall be authorized to receive, on behalf of all appellants, any notice
required to be mailed by the City to the appellants under the
provisions of § 2-50; and
(7) any other information required by the City Clerk.
(b) No information other than that specified in subsection (a) of this Section shall
be included in or attached to the notice of appeal, nor shall any additional written
materials be submitted to or received by the City prior to or during the hearing on an
appeal.
Section 3. That the Code of the City of Fort Collins is hereby amended by the addition
of a new Section 2-53 which reads in its entirety as follows and all subsequent section are hereby
renumbered accordingly:
Sec. 2-53. Submissions related to appeal.
(a) Any party-in-interest opposed to the appeal who wishes to respond
in writing to the allegations contained in the notice of appeal or amended notice of
appeal, as applicable, may do so by filing a written statement with the City Clerk no
later than ten (10) days after the date of mailing of notice of the appeal hearing
pursuant to Subsection 2-54(a). No new evidence shall be contained within such
response unless such new evidence falls within the exception contained in
Subsection 2-57(b)(1). Any new evidence contained in the response that does not fall
within such exception shall be disregarded by the Council in deciding the appeal,
unless that same information is independently provided to the City Council at the
hearing under the exceptions contained in Subsection 2-57(2) or (3).
(b) Other than the notice of appeal, or amended notice of appeal, as
applicable, and a responsive statement filed by one or more parties-in-interest in
opposition to an appeal pursuant to Subsection (a) of this Section, no written
materials may be submitted by parties-in-interest in advance of the appeal hearing
in connection with an appeal.
(c) Parties-in-interest may provide copies of, or direct the City Council
to, specific evidence in the record of an appeal, but may not reconfigure, revise or
otherwise modify materials from the record for the purpose of presentation at the
hearing on the appeal.
Section 4. That Section 2-54 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-54. Scheduling of the hearing.
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(a) In the event of an appeal, the City Clerk shall schedule a date forthe
hearing on the appeal for a date as early as reasonably practicable but no less than
thirty (30) nor more than sixty (60)one hundred twenty (120) more than seventy-five
(75) calendar days after the date of filing of the notice of appeal. Written notice of
the date, time and place of the hearing shall be mailed by the City Clerk to the
appellant and all other parties-in-interest no less than thirty ten (130)ten (10)
calendar days prior to the date of said hearing. Said notice shall also include a copy
of the notice of appeal or amended notice of appeal, as applicable, and shall inform
the parties-in-interest of the period of time within which additional issues may be
identified under § 2-56.
(b) Any written materials that any party-in-interest may wish the City
Council to consider in deciding the appeal and that fall within the exception to new
evidence contained in Paragraph 2-57(b)(1) shall be submitted to the City Clerk no
later than 12:00 p.m. on the Wednesday immediately preceding the date upon which
the hearing on the appeal is scheduled to be held. Such materials shall then be
included by the City Clerk in the agenda materials pertaining to the appeal.
Section 5. That Section 2-55 of the Code of the City of Fort Collins is amended to read
as follows:
Sec. 2-55. Site visitsinspection/no ex parte contacts.
(a) If a Councilmember wishes to inspect the site of a project
development plan or other proposal that is the subject of an appeal, he or she may no
later than ten (10) days prior to the date of the hearing on the appeal request that the
City Manager schedule such inspection.Councilmembers may inspect the site of an
overall development plan, project development plan, or other proposal that is the
subject of an appeal, either alone or with City staff present, for the purpose of
gaining a better understanding of the physical characteristics of the site and the
surrounding area, as well as the issues on appeal. If a Councilmember wishes to
schedule a site inspection with City staff present, he or she shall, no later than ten
(10) days after the filing of the notice of appeal, request that the City Manager
schedule such inspection. Upon receipt of such a request, the City Manager shall
forthwith schedule the inspection for a date and time when he or she believes that
thea majority of the Councilmembers wishing to inspect the site will be able to
attend. The City Clerk shall, no less than five (5) days prior to the date of the hearing
on the appealsite inspection, mail notice of the proposed sitesuch inspection to the
appellant and to all parties-in-interest to whom notice of the appeal hearing was sent
by the City Clerk under Subsection 2-54(a) of this Article. The appellant and all
other parties-in-interest shall be entitled to attend such scheduled inspection, along
with any members of City staff whose presence is requested by the City Manager.
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(b) Any Councilmembers conducting a site inspection under thisthe
provisions of Subsection (a) above, either alone or with City staff present, shall, at
the hearing on the appeal, state on the record any observations they made or
conversations they had at the site which they believe may be relevant to their
determination of the appeal. The requirements of this provision shall not apply to
observations made of the site by Councilmembers during the course of their travels
within public rights-of-way adjacent to the site, but only to site inspections
conducted for the express purpose of gathering additional information that may assist
them in determining the appeal.
(c) Nothing in this Section shall be construed to authorize any
Councilmember or other officer or employee of the City to enter upon any parcel of
real property that is not open to the public without the permission of the owner of
such property or the permission of such other person or entity as may be lawfully in
possession of the property.
(bd) In order to afford all parties-in-interest a fair opportunity to respond
to the information upon which the City Council is to base its decision on appeal, and
in order to preserve the impartiality of Councilmembers hearing the appeal, all
Councilmembers who intend to participate in hearing the appeal shall, to the extent
reasonably possible, avoid communications with parties-in-interest and members of
the general public regarding the merits of the appeal prior to the hearing on the
appeal.
Section 6. That Section 2-56(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-56. Procedure at the hearing.
(a) At the hearing on the appeal by the City Council, the presentation of
argument on the merits of the appeal shall be made in the following order, subject
to such limitations in time and scope as may be imposed at the discretion of the
Mayor:
(1) Explanation of the nature of the appeal and presentation by City staff;
(2) Comments by Councilmembers who have visitedinspected the site
pursuant to Subsection 2-55(a);
(3) Presentation of argument by the appellant and any party-in-interest
and/or other member of the public in support of the appeal;
(4) Presentation of argument by any party-in-interest and/or other
member of the public who is an opponent of the appeal;
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(5) Rebuttal presentation by the appellant and any party-in-interest
and/or other member of the public in support of the appeal;
(6) Rebuttal presentation by any party-in-interest and/or other member
of the public who is an opponent of the appeal;
(7) Councilmember questions of City staff and parties-in-interest; and
(8) Motion, discussion and vote by City Council.
(b) Factors to be considered in determining the period of time for the
presentation of argument on the merits of an appeal shall include, but not be limited
to, the complexity of the issues raised in the notice of appeal, the length of the record
on appeal, the potential impact that the determination of the appeal may have on the
community at large, and the number of parties-in-interest who wish to address the
Council with regard to the merits of the appeal.
(c) Prior to hearing the presentation of argument on the merits of the appeal, the
Mayor may, in his or her discretion, establish a separate period of time during which
the Council may first consider and determine, by majority vote, any procedural
issues related to the hearing of the appeal, including, but not limited to, the possible
introduction or exclusion of certain evidence, the period of time to be allowed by the
Mayor for presentation of argument on the merits of the appeal, and any concerns or
objections related to the record on appeal.
(bd) No person making a presentation to the City Council shall be subject to cross-
examination except that members of the City Council and the City Attorney may
inquire of such person for the purpose of eliciting information and for the purpose
of clarifying information presented.
(ce) In the event of multiple appeals involving the same decision of a board,
commission or other decision maker, the Mayor, in his or her discretion, may modify
the procedure contained in Subsection (a) above so as to expedite the hearing of such
appeals.
Section 7. That Section 2-57(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-57. New evidence; scope of review; alternative actions available to
the City Council; date of final action.
(a) The City Council shall consider an appeal based upon the record on
appeal, the relevant provisions of the Code and Charter, and the grounds for appeal
-6-
cited in the notice of appeal, together with and the arguments in favor of and
opposing the appeal submitted or presented in accordance with the terms of this
Article.made by parties-in-interest at the hearing on the appeal; provided however,
that Iissues raised during the presentation of argument but not raised in the notice of
appeal shall not be considered by the City Council in deciding the appeal.
(b) New evidence shall not be considered on appeal except under the
following circumstances:
(1) When offered in support of or in opposition to an allegation under
Subparagraph 2-48(2)c that a board, commission or other decision
maker considered evidence relevant to its findings which was
substantially false or grossly misleading;
(2) When offered by City staff or parties-in-interest in response to
questions presented by Councilmembers under Subsection 2-56(a) or
(b);
(3) When offered by Councilmembers after inspecting the site of the
project development plan or other proposal that is the subject of an
appeal pursuant to the provisions of Subsection 2-55(a).
(c) New evidence offered under subsection (b)(1) above shall be limited
to any new evidence that is either described in the notice of appeal or offered in
response to questions presented by Councilmembers.
(d) Any party-in-interest who believes that new evidence has been
improperly introduced into the appeal hearing may, at any time during the hearing,
object to the Council’s consideration of such evidence. The Mayor shall rule on such
objection, after consultation with the City Attorney if necessary, and the evidence
shall either be received and considered by the Council or disregarded by the Council
in accordance with the ruling of the Mayor; provided, however, that the Mayor’s
ruling on this or any other procedural issue raised during the course of the hearing
may be overridden by a majority of the Council.
(ce) In considering an allegation that a board, commission or other
decision maker failed to properly interpret and apply the relevant provisions of the
Code or Charter asserted under Paragraph 2-48(1), the City Council shall determine
how such provisions should, in the City Council's judgment, be applied to the
evidence contained in the record on appeal.
(df) At the conclusion of such hearing, the City Council shall uphold,
overturn or modify the decision of the board, commission or other decision maker;
provided, however, that:
-7-
(1) The City Council shall instead remand the matter for rehearing if it
finds that the appellant was denied a fair hearing before the board,
commission or other decision maker for any of the reasons stated in
Paragraph 2-48(2).
(2) The City Council may also remand the matter for rehearing in order
for the board, commission or other decision maker to receive and
consider additional information with regard to any issue raised on
appeal. Any such remand shall include direction from the City
Council to the board, commission or other decision maker as to the
issues to be considered at the rehearing.
(eg) No later than the date of its next regular meeting, the City Council
shall adopt, by resolution, findings of fact in support of its decision. The date of
passage of such resolution shall be the date of final action of the City Council for the
purpose of any subsequent judicial review of the decision of the City Council.
Introduced, considered favorably on first reading, and ordered published this 4th day of
October, A.D. 2011, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk
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Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-9-
DATE: February 21, 2012
STAFF: Ginny Sawyer, Jerry Schiager
Medical Marijuana Staff Team
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 25
SUBJECT
Items Relating to Medical Marijuana.
A. Second Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI
of the City Code Relating to Medical Marijuana.
B. Second Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to
Medical Marijuana Businesses.
C. Second Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add
Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers (Option A or Option B).
EXECUTIVE SUMMARY
On Second Reading of Ordinance No. 011, 2012, staff is presenting two options for Council to consider that deal with
the cultivation of medical marijuana in dwelling units that are located in two-family and multi-family dwellings and their
accessory structures. Option A would impose the same twelve-plant limit for such structures that applies to single-
family dwellings. Option B would entirely prohibit the cultivation of medical marijuana in such structures. Staff is
recommending Option A pending further review of the issue.
At Council’s direction, staff is also exploring a possible amendment to Ordinance No. 010, 2012, which deals with the
permitted uses in various zone districts in the City. This Ordinance, if adopted “as is” on Second Reading, will
eliminate all references to medical marijuana businesses in the Land Use Code, thereby also eliminating any zone
districts in which the cultivation medical marijuana is specifically permitted. The practical effect of this will be to leave
only residential dwelling units as permissible locations for such cultivation. Staff believes that it will be able to present
a recommendation to the Council on this subject within the next four to six months, following a public outreach process
and review by the Planning and Zoning Board.
These Ordinances were unanimously adopted on First Reading on February 7, 2012.
BACKGROUND
When Council approved these ordinances on First Reading, it gave staff direction to explore two possible changes on
Second Reading. The first had to do with Ordinance No. 011, 2012, which contains certain regulations pertaining to
the cultivation of medical marijuana by primary caregivers and patients. The Code section that contains these
regulations, Section 15-501, limits the number of plants that can be cultivated or kept within, or on the same legal
parcel as, a single-family dwelling to twelve plants, only six of which may be mature. However, the Code is silent as
to whether cultivation activities may be undertaken in two-family and multi-family dwellings and their accessory
structures.
When staff first presented this Code section to Council for adoption in March of 2011, staff recommended that the
cultivation of medical marijuana in these kinds of structures be prohibited. However, the Council decided against
adopting such a prohibition and instead amended the ordinance on second reading to delete the proposed prohibition,
thus leaving the Code silent with regard to cultivation in such structures.
On Second Reading staff has presented for Council’s consideration two options for dealing with this subject. Option
A would impose the same twelve-plant limit for dwelling units in two-family and multi-family dwellings and their
accessory structures as exists for single-family dwellings. Option B would ban cultivation in such structures as
recommended in March 2011. Staff recommends adoption of Option A. The reason for this recommendation is to
ensure that, pending further study, all patients and primary caregivers have the same opportunity to cultivate at their
residences.
February 21, 2011 -2- ITEM 25
The second issue that staff has been directed to pursue has to do with the areas of the City in which medical marijuana
may be cultivated by primary caregivers and patients. In response to the voter-approved ban on medical marijuana
businesses that went into effect February 14, 2012, Ordinance No. 010, 2012, amends the City’s Land Use Code to
delete all references to such businesses. The effect of this amendment to the LUC is that residential dwelling units
will now be the only locations in the City where medical marijuana may be cultivated. At the hearing on First Reading,
several primary caregivers and one of their representatives asked that Council reconsider this situation and make
available additional areas in the City where they and their patients may lawfully cultivate medical marijuana.
Because any additional amendment to the LUC dealing with this issue would require review by the Planning and
Zoning Board, and because additional research and outreach will need to be conducted in order for staff to formulate
a recommendation on this subject, no other amendments to Ordinance No. 010, 2012, are being recommended at this
time. Instead, staff intends to return to Council with a recommendation within the next four to six months. At that point
in time, staff will present a comprehensive recommendation to the Council with regard to a system of regulation for
the cultivation of medical marijuana by primary caregivers and patients.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments)
2. Medical Marijuana Timeline
3. Powerpoint presentation
MMJ Timeline
In late 2009 Medical Marijuana (MMJ) dispensaries and home businesses came to the attention of City
staff. There were no local or State regulations in place and therefore people were growing in their
homes (any amount legal to them under amendment 20), opening dispensaries (as commercial retail),
and operating grows in warehouse environments (as a light industrial use.)
Without regulation and definitions, if police were called to investigate a grow there was not much they
could do if the home owner or occupant showed paperwork for patients and their associated plant
counts which at a minimum could be 36 plants and could be more if a doctor recommended more than
6 plants for any one patient.
In December 2009 Council passed a 3 month moratorium on any new MMJ licenses (which at that time
meant a sales tax license.)
January 2010‐public outreach included individual interviews with MMJ business operators, focus groups
with patients, business operators, community members, and a public open house. The LUC changes
went to the Planning and Zoning Board February 18, 2010.
February 9, 2010‐Council work session
March 2, 2010‐ staff took the first licensing ordinance and Land Use Code (LUC) amendments to Council.
This ordinance also included the 12 plant limit. The LUC amendments, for the first time, defined MMJ
businesses. Prior to this time, a dispensary was considered to be a retail store and a cultivation facility
was considered a light industrial use. The intent of both ordinances was to effectuate the Colorado
Medical Marijuana Code which regulates the retail businesses ‐‐ not caregivers.
March 16, 2010‐Second Reading, included numerous clarifying changes.
April 20, 2010‐First Reading of three ordinances addressing location requirements, combined dispensary
and cultivation facilities, and clarifying existing businesses eligible for licensing.
May 4, 2010‐Second Reading
June 1, 2010‐First Reading of an ordinance addressing MMJ business models and maintaining “existing
businesses.”
June 15, 2010‐Second Reading
August 17, 2010‐First Reading of a resolution postponing a grandfathering decision and an ordinance
amending our Code to be consistent with State Code.
September 7, 2010‐Second Reading.
February 22, 2011‐First Reading of 3 ordinances addressing continued operation (grandfathering),
amendments to existing licensing regulations to bring local provisions in line with State law, and
associated changes to the LUC.
March 15, 2011‐Second Reading with amendments.
Staff can provide Agenda Items for all meetings if further detail and background is needed.
ATTACHMENT 2
1
1
Second Reading
Proposed Ordinances
Related to the
Medical Marijuana Ban
City Council Meeting
February 21, 2012
Agenda Item 25
2
Proposed Ordinances
Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15,
Division 1, Article XVI of the City Code Relating to Medical
Marijuana.
Ordinance No. 010, 2012, Amending the Land Use Code to Delete
Medical Marijuana Businesses from the Definitions, Permitted
Use List, and Other References.
Ordinance No. 011, 2012, Amending Chapter 15, Article XVII of
the City Code to Add Additional Provisions Regarding Medical
Marijuana Patients and Primary Caregivers.
ATTACHMENT 3
2
3
Background
All three ordinances were approved on First Reading.
Staff is bringing two options related to Ord. No. 011.
4
Repeals the sections of the City Code that
were enacted to regulate such businesses and
reenacts the chapter provisions in a manner
consistent with the adopted ballot language.
Ordinance No. 009, 2012
3
5
Ordinance No. 010, 2012
Addresses changes specific to the Land Use
Code. This Ordinance will delete such
businesses from the permitted use lists in
Article 4, delete definitions from Article 5, and
delete all references in Articles 1 and 3.
6
Ordinance No. 010, 2012
Will limit cultivation by caregivers and patients
to residential units.
Staff will undertake research and outreach and
present a recommendation as to whether any
other locations should be made available for
non‐commercial grows.
4
7
Ordinance No. 011, 2012
Clarifies regulations applicable to primary
caregivers and their patients.
8
Option A
Up to 12 plants allowed in single‐family dwelling units
and in dwelling units located in two‐family and multi‐
family dwellings.
Option B:
No cultivating in two‐family and multi‐family dwellings
or accessory structures.
Ordinance No. 011, 2012
5
9
Recommendation
Staff recommends approval of all three
ordinances with Option ““AA”” for
Ordinance No. 011, 2012
ORDINANCE NO. 011, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE
OF THE CITY OF FORT COLLINS TO ADD ADDITIONAL PROVISIONS
REGARDING MEDICAL MARIJUANA PATIENTS AND PRIMARY CAREGIVERS
WHEREAS, Chapter 15, Article XVII of the City Code establishes limitations for medical
marijuana patients and primary caregivers in the City; and
WHEREAS, Chapter 15, Division 1, Article XVI of the City Code authorizes the licensing
and regulation of medical marijuana businesses; and
WHEREAS, on November 1, 2011, a majority of the registered electors of the City approved
a citizen-initiated ordinance that, in effect, required medical marijuana centers, optional premises
cultivation operations, and medical marijuana infused products manufacturers to cease operation
within the City limits on or before February 14, 2012; and
WHEREAS, the closure of those businesses has occurred; and
WHEREAS, several provisions currently contained in Chapter 15, Division 1, Article XVI
of the City Code are also applicable to medical marijuana patients and primary caregivers; and
WHEREAS, the City Council therefore believes it to be in the best interests of the City to
modify this article of the City Code to incorporate those provisions; and
WHEREAS, in addition, the City Code provisions pertaining to patients and primary
caregivers currently establish a limit on the number of plants that may be cultivated or kept within,
or on the same legal parcel as, a single-family dwelling but they are silent as to whether such
cultivation activities may be conducted within, or on the same legal parcel as, a two-family or multi-
family dwelling unit; and
WHEREAS, the City Council believes that, pending further staff evaluation and
recommendations regarding such cultivation activities, Section 15-501 should be amended to
address that subject.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 15, Article XVII of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE XVII.
MEDICAL MARIJUANA PATIENTS AND
PRIMARY CAREGIVERS
Sec. 15-500. Definitions.
The following words, terms and phrases, when used in this Article, shall have the
meanings ascribed to them in this Section:
Cultivation or cultivate shall mean the process by which a person grows a
marijuana plant.
Mature plants means a flowering medical marijuana plant that is taller than eight
inches and wider than eight inches produced from a cutting, clipping, or seedling and
that is in a growing container that is no smaller than two inches wide and two inches
tall that is sealed on the sides and bottom.
Medical marijuana means marijuana that is grown and sold pursuant to the
provisions of the Colorado Medical Marijuana Code and for a purpose authorized by
section 14 of article XVIII of the state constitution.
Patient shall mean a person who has a debilitating medical condition as defined
in Article XVIII, Section 14 of the Colorado Constitution.
Primary caregiver shall mean a person, other than the patient and the patient's
physician, who is eighteen (18) years of age or older and has significant
responsibility for managing the well-being of a patient who has a debilitating
medical condition.
Sec. 15-501. Limitations.
Primary caregivers who cultivate, possess or dispense medical marijuana for use
by patients, and patients who cultivate or possess medical marijuana for their own
medical use, shall be subject to the following limitations:
(1) All cultivation of medical marijuana shall be conducted entirely within a
building or other fully enclosed structure.
OPTION A:
(2) Not more than twelve (12) marijuana plants, including no more than six (6)
mature plants, may be cultivated or kept within, or on the same legal parcel
as, any single-family dwelling.
(3) No more than twelve (12) marijuana plants, including no more than six (6)
mature plants, may be cultivated or kept within any dwelling unit in a two-
family or multi-family dwelling. No such plants may be cultivated within
any other structure that is located on the same legal parcel as a two-family
or multi-family dwelling.
(34) In no event shall a patient or primary caregiver keep, cultivate, grow or
process more medical marijuana than such person is entitled to possess
under Article XVIII, Section 14 of the Colorado Constitution.
-2-
OPTION B:
(2) Not more than twelve (12) marijuana plants, including no more than six (6)
mature plants, may be cultivated or kept within, or on the same legal parcel
as, any single- family dwelling.
(3) No medical marijuana plants may be cultivated within any dwelling unit in
a two-family or multi-family dwelling, or within any other structure that is
located on the same legal parcel as a two-family or multi-family dwelling.
(34) In no event shall a patient or primary caregiver keep, cultivate, grow or
process more medical marijuana than such person is entitled to possess
under Article XVIII, Section 14 of the Colorado Constitution.
Sec. 15-502. Violations and penalties.
Any person, including, but not limited to, any medical marijuana patient or
primary caregiver who violates any of the provisions of this Article, shall be guilty
of a misdemeanor punishable in accordance with § 1-15 of this Code.
Sec. 15-503. No defense or immunity.
The practice of providing medical marijuana pursuant to this Article shall not
be deemed to create an exception, defense or immunity to any person in regard to
any potential criminal liability the person may have under federal law for the
cultivation, possession, sale, distribution or use of marijuana
Sec. 15-504. Severability.
If any section, sentence, clause, phrase, word or other provision of this Article
is for any reason held to be unconstitutional or otherwise invalid, such holding shall
not affect the validity of the remaining sections, sentences, clauses, phrases, words
or other provisions of this Article or the validity of this Article as an entirety, it being
the legislative intent that this Article shall stand, notwithstanding the invalidity of
any section, sentence, clause, phrase, word or other provision.
-3-
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-4-
ORDINANCE NO. 009, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING CHAPTER 15, DIVISION 1, ARTICLE XVI
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO MEDICAL MARIJUANA
WHEREAS, in 2010 and 2011, the City Council adopted a series of ordinances adopting and
revising a comprehensive system for licensing and regulating medical marijuana businesses in the
City; and
WHEREAS, a majority of the registered electors of the City that cast votes in the November
1, 2011 City election approved a citizen-initiated ordinance banning medical marijuana businesses
in the City limits, with the ban to take effect 90 days after the date of certification of the results of
the election; and
WHEREAS, on November 16, 2011, the results of the City’s special election were certified,
which, under the citizen initiated ordinance, set the date by which all medical marijuana businesses
must cease operation within the City as February 14, 2012, at midnight; and
WHEREAS, Article II, Section 9 of the City Charter requires that all permanent ordinances
of the City be codified; and
WHEREAS, accordingly, staff has recommended that Chapter 15, Division 1, Article XVI
of the Code be repealed and reenacted consistent with the wishes of the registered electors.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Sections 15-450 through 15-493 of Article XVI, Division 1 of the Code
of the City of Fort Collins are hereby repealed and the following sections reenacted to read as
follows:
ARTICLE XVI.
MEDICAL MARIJUANA
DIVISION 1. IN GENERAL
Sec. 15-450. Title; purpose.
(a) This Division shall be known and cited as the “Fort Collins Medical
Marijuana Ordinance.”
(b) The provisions of this Division have been enacted by the City Council for
the purpose of implementing and codifying that certain citizen-initiated ordinance
adopted by the registered electors of the city as Question 300 at the November 1,
2011, special election.
Sec. 15-451. Medical marijuana businesses prohibited.
As of 12:01 am on February 15, 2012, no person shall operate a medical
marijuana business in the city. For the purposes of this provision, medical marijuana
business shall mean a medical marijuana center, optional premises cultivation
operation, or medical marijuana-infused products manufacturer as defined in the
Colorado Medical Marijuana Code.
Sec. 15-452. Violations and penalties.
Any person who violates any of the provisions of this Division shall be guilty of
a misdemeanor punishable in accordance with § 1-15.
Secs. 15-453 - 15-499. Reserved.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012., and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: February 7, 2012
STAFF: Ginny Sawyer, Jerry Schiager
Medical Marijuana Staff Team
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
Items Relating to Medical Marijuana.
A. First Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of
the City Code Relating to Medical Marijuana.
B. First Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to Medical
Marijuana Businesses.
C. First Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add
Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers.
EXECUTIVE SUMMARY
These Ordinances address actions needed as a result of the citizen initiated and voter approved ban on medical
marijuana related business.
Ordinance No. 009, 2012, repeals the sections of the Code that were enacted to license and regulate such businesses
and reenacts those provisions in a manner consistent with the adopted ballot language. The new language bans all
medical marijuana business in the City as of 12:01 am, February 15, 2012.
Ordinance No. 010, 2012, addresses changes specific to the Land Use Code. It deletes such businesses from the
list of permitted uses in Article 4, deletes definitions from Article 5, and deletes all references in Articles 1 and 3.
Ordinance No. 011, 2012, adds certain provisions to the Code sections dealing with primary caregivers and their
patients.
BACKGROUND / DISCUSSION
A citizen initiated measure to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation
Operations, and Medical Marijuana-Infused Product Manufacturing within the City of Fort Collins Corporate Limits was
approved by the voters on November 1, 2011. All such businesses must close on or before February 14, 2012.
The three Ordinances presented bring consistency to both the City Code and the Land Use Code as the City moves
forward in implementing the ban on medical marijuana related businesses.
Changes are also being made to the provisions dealing with primary caregivers and medical marijuana patients. These
provisions would state that:
- any person who violates the regulations dealing with patients and primary caregivers commits a misdemeanor
criminal offense;
- the fact that the City is regulating the use of medical marijuana by patients and primary caregivers should not
be construed as creating an exception, defense or immunity for those persons under federal law; and
- if any of the provisions dealing with patients and primary caregivers is invalidated by a court, that holding shall
not affect the validity of the remaining provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
COPY
COPY
COPY
COPY
February 7, 2012 -2- ITEM 17
BOARD / COMMISSION RECOMMENDATION
At its regular meeting on January 19, 2012, as part of its Consent Agenda, the Planning and Zoning Board voted
unanimously to recommend that City Council adopt Ordinance No. 010, 2012, amending the Land Use Code.
ATTACHMENTS
1. Powerpoint presentation
ORDINANCE NO. 010, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO DELETE ALL
REFERENCES TO MEDICAL MARIJUANA BUSINESSES
WHEREAS, on November 1, 2011, the voters of the City approved a citizen-initiated
ordinance that requires all medical marijuana businesses to cease operations in the City on or
before February 14, 2012; and
WHEREAS, the Land Use Code currently defines three types of medical marijuana
businesses in Article 5 and lists them as permitted uses in a number of zoning districts in Article
4; and
WHEREAS, additional references and regulations pertaining to medical marijuana
businesses are contained in Articles 1 and 3 of the Land Use Code; and
WHEREAS, because these uses will, as of February 14, 2012, be prohibited in the City,
staff has, with the concurrence of the Planning and Zoning Board, prepared an ordinance for the
purpose of deleting from the Land Use Code all of these references to medial marijuana
businesses; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Land Use Code be amended to delete all references to medical marijuana businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended to read as
follows:
1.3.4 Addition of Permitted Uses
. . .
(4) Such use is compatible with the other listed permitted uses in the zone district
to which it is added.
Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as
follows:
3.8.3 Home Occupations
A home occupation shall be allowed as a permitted accessory use, provided that all of the
following conditions are met:
2
. . .
Section 3. That the table contained in Section 4.16(B)(2)C of the Land Use Code is
hereby amended to delete Medical marijuana centers from the section as follows:
Land Use Old City Center Canyon Avenue Civic Center
C. COMMERCIAL
. . .
. . .
Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to
delete Medical marijuana centers from the section as follows:
(B) Permitted Uses.
. . .
3
C. COMMERCIAL/RETAIL
. . .
. . .
Section 9. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 10. That Section 4.24(B)(2)D of the Land Use Code is hereby amended to
delete Medical marijuana option premises cultivation operations and Medical marijuana infused
product manufacturers from the section as follows:
(B) Permitted Uses.
. . .
D. INDUSTRIAL Riverside Area All Other Areas
. . .
Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 12. That the definitions “Medical marijuana center”, “Medical marijuana-
infused products manufacturer” and “Medical marijuana optional premises cultivation operation”
contained in Section 5.1.2 of the Land Use Code are hereby deleted .
4
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Phone ______________________________
Date ______________________________
ATTACH ADDITIONAL SIGNATURE SHEETS AS NECESSARY