HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 02/07/2012 - 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 7, 2012
Proclamations and Presentations
5:30 p.m.
None.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
Page 2
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. 15)
N Citizen opportunity to pull Consent Calendar items.
(will be considered under Item. No. 21)
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 11. 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. Consideration and Approval of the Minutes of the January 17, 2012 Regular Meeting.
7. Second Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to Modify the
Requirements for Arborist Licenses, Designate Additional Violations of Chapter 27 as Civil Infractions,
and Make Updates.
Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for
commercial gain or profit to have a City arborist license. The Colorado Department of Agriculture has
conducted a review of the City Code provisions and Forestry policies related to the regulation of
pesticides and pesticide application and notified the City Forester of its conclusion that this
requirement conflicts with state statutes regarding the regulation of pesticide applicators. This
Ordinance, unanimously adopted on First Reading on January 17, 2012, removes this conflict.
The Ordinance also decriminalizes most violations of Chapter 27 by making every violation of Chapter
27 a civil infraction instead of a misdemeanor with the exception of those pertaining to arborist
licenses; and updates a position title and cross references, and removes unnecessary detail
regarding department structure.
8. First 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.
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.
9. 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.
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.
10. Resolution 2012-003 Amending the Human Relations Commission 2012 Work Plan.
Council liaisons have reviewed the 2012 work plans submitted by boards and commissions. On
January 17, 2012, Council gave direction (under Other Business) to amend the Human Relations
Commission Work Plan.
11. Resolution 2012-004 Making an Appointment to the Land Conservation and Stewardship Board.
A vacancy currently exists on the Land Conservation and Stewardship Board due to the resignation
of Juli Germany. Councilmembers Wade Troxell and Aislinn Kottwitz reviewed the applications on
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file. The interview team is recommending Ed Reifsnyder to fill the vacancy with a term to begin
immediately and set to expire on December 31, 2012.
END CONSENT
12. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
13. Staff Reports.
14. Councilmember Reports.
15. 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.
16. Items Relating to the Mason Corridor Bus Rapid Transit Project. (staff: Helen Migchelbrink, Kurt
Ravenschlag; 10 minute staff presentation; 20 minute discussion)
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.
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.
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17. Items Relating to Medical Marijuana. (staff: Ginny Sawyer, Jerry Schiager, Medical Marijuana staff
team; 5 minute staff presentation; 1 hour discussion)
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.
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.
18. First Reading of Ordinance No. 012, 2012, Amending Section 2-606 of the City Code and Setting the
Salary of the Municipal Judge. (staff: Janet Miller, Amy Sharkey; 5 minute staff presentation; 10
minute discussion)
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.
19. First Reading of Ordinance No. 013, 2012, Amending Section 2-581 of the City Code and Setting the
Salary of the City Attorney. (staff: Janet Miller, Amy Sharkey; 10 minute discussion)
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.
20. First Reading of Ordinance No. 014, 2012, Amending Section 2-596 of the City Code and Setting the
Salary of the City Manager. (staff: Janet Miller, Amy Sharkey; 10 minute discussion)
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.
21. Consideration of Citizen-Pulled Consent Items.
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22. Other Business.
a. Motion Regarding Ethics Complaint filed by David Bell Against Gino Campana, Planning and
Zoning Boardmember.
b. Council will consider adjourning into Executive Session for the purpose of meeting with the
City Attorney and other affected members of City staff, as permitted under City Code Section
2-31(a)(2), regarding legal issues related to the reconstruction of the interchange at I-25 and
SH 392.
23. Adjournment.
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 7, 2012
STAFF: Wanda Krajicek
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 6
SUBJECT
Consideration and Approval of the Minutes of the January 17, 2012 Regular Meeting.
January 17, 2012
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 17,
2012, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell
and Weikunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
Eric Sutherland, 3520 Golden Currant, opposed the payment in-lieu of lands fees for Poudre School
District.
Gary Peterson, Fort Collins resident, supported medical marijuana availability and discussed
cannabis research results.
Don Willson, 950 Southridge Greens, Hearing Loss Chapter of Northern Colorado Coordinator,
thanked Council for its endorsement of his proposal to install hearing loops in the Chamber and
discussed the technology involved in the installation. He noted the hearing loops were installed
earlier this month and are now active.
Cheryl Distaso, 135 Sunset, Fort Collins Community Action Network, supported the formation of
a task force regarding future neighborhood relocation due to development. She announced a
community forum regarding the issue to be held Saturday, January 28th.
Kati Anderson, 7669 Vantage View Drive, discussed mobile gourmet food trucks and requested new
City regulations addressing the mobile food truck industry.
Matt Kenfield, 7669 Vantage View Drive, discussed mobile food truck regulations in other cities
and requested that mobile food trucks be able to operate during late night hours in Old Town, in
office parks, and on property of other businesses.
Ryan Martin, co-owner of a Pan-Asian cuisine food truck, supported the formation of mobile food
truck regulations.
Jessica Lau, co-owner of a Pan-Asian cuisine food truck, supported the mobile food truck concept.
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January 17, 2012
Citizen Participation Follow-up
Mayor Weitkunat stated the City is currently in the process of evaluating the City Code to provide
the licensing and permitting necessary for outdoor mobile food vendors. Pete Wray, City Planner,
is the lead staff member on the project and a work session on the topic is scheduled in April.
Karen Cumbo, Director of Planning, Development, and Transportation Services, stated the City’s
website contains a page for community input regarding the issue.
Mayor Pro Tem Ohlson stated he requested information on the issue 15 months ago. Cumbo replied
there had been discussions on the topic during the annual Land Use Code amendments in early 2010;
however, action was postponed until September 2011.
Councilmember Kottwitz supported the mobile food truck concept and the formation of appropriate
regulations. She thanked Mr. Willson and the Commission on Disabilities for work on the hearing
loop installation and asked about progress on installation at the Lincoln Center and other City
facilities and businesses within the City. Marty Heffernan, Director of Community Services, stated
funding issues have prevented the installation at the Lincoln Center; however, fundraising efforts
are now underway.
Councilmember Troxell expressed appreciation for the mobile food truck regulation process and
supported the economic and “uniquely Fort Collins” benefits of the industry. He thanked Mr.
Willson for his efforts regarding the hearing loop installation.
Councilmember Horak asked if the entire Lincoln Center will be outfitted with the hearing loop
technology. Heffernan replied he will provide information on the extent of the installation.
Councilmember Horak supported the installation of the technology in all new City facilities as well
as retrofits for existing facilities. Wendy Williams, Assistant City Manager, agreed with
Councilmember Horak.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the December 20, 2011 and January 3, 2012
Regular Meetings and the December 13, 2011 and January 10, 2012 Adjourned Meetings.
7. Second Reading of Ordinance No. 001, 2012, Appropriating General Fund Reserves for
Additional City Contribution to the Poudre Fire Authority Budget for the Year 2012 for
Operations and Maintenance.
This Ordinance, unanimously adopted on First Reading on January 3, 2012, outlines the
contribution from the City of Fort Collins to the Poudre Fire Authority for the Southwest
Enclave Annexation in the amount of $158,009 to contribute funding for operating and
maintenance of the Poudre Fire Authority.
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January 17, 2012
8. Second Reading of Ordinance No. 002, 2012, Appropriating Unanticipated Grant Revenue
in the General Fund for the Police Services Victim Services Team.
The City has received a grant in the amount of $30,000 from the Eighth Judicial District
Victim Assistance and Law Enforcement Board to help fund victim services activities. This
Ordinance, unanimously adopted on First Reading on January 3, 2012, appropriates the grant
funds. No cash match is required.
9. Second Reading of Ordinance No. 003, 2012, Appropriating Prior Year Reserves in the
Transportation Services Fund for the Construction of the East Harmony Road Maintenance
Improvements - College Avenue to Timberline Road.
The East Harmony Road Maintenance Improvements Project will provide congestion relief
and rehabilitate the pavement on East Harmony Road from College Avenue to Timberline
Road by completing the following major work items: turn lane construction, utility
relocations, asphalt overlay and restriping. Council approved this Project as part of the
2011/2012 Budgeting for Outcomes process. $2.4 million was allocated from the Harmony
Maintenance Fund for the 2011 calendar year. A portion of this money was spent in 2011
on maintenance, operations and engineering design. This Ordinance, unanimously adopted
on First Reading on January 3, 2012, appropriates the remaining $2,182,287 to the 2012
calendar year to be used for construction.
10. Second Reading of Ordinance No. 004, 2012, Amending Section 14-72(b)(6) of the City
Code to Correct an Error in the Procedures for Review of Applications for Demolition or
Relocation of Historic Structures.
This Ordinance, unanimously adopted on First Reading on January 3, 2012, amends Section
14-72(b)(6) of the City Code to correct an error regarding a citation cross-reference to
requirements for the final Landmark Preservation Commission hearing needed in the event
that the Landmark Preservation Commission fails to make a decision within 60 days of the
submittal of these requirements. As the City Code currently stands, this error requires the
Landmark Preservation Commission to make a decision regarding a historic structure
demolition application upon the submittal of only one part of a submittal requirement
outlined in 14-72(2)(b). This amendment corrects the error and requires the Landmark
Preservation Commission to make a decision pursuant to fulfillment of all the submittal
requirements.
11. First Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to
Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter
27 as Civil Infractions, and Make Updates.
Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for
commercial gain or profit to have a City arborist license. The Colorado Department of
Agriculture has conducted a review of the City Code provisions and Forestry policies related
to the regulation of pesticides and pesticide application and notified the City Forester of its
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January 17, 2012
conclusion that this requirement conflicts with state statutes regarding the regulation of
pesticide applicators. The proposed change to Chapter 27 would remove this conflict.
The other proposed changes to Chapter 27 are: (1) decriminalizing most violations of
Chapter 27 by making every violation of Chapter 27 a civil infraction instead of a
misdemeanor with the exception of those pertaining to arborist licenses; and (2) updating a
position title and cross references, and removing unnecessary detail regarding department
structure.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 001, 2012, Appropriating General Fund Reserves for
Additional City Contribution to the Poudre Fire Authority Budget for the Year 2012 for
Operations and Maintenance.
8. Second Reading of Ordinance No. 002, 2012, Appropriating Unanticipated Grant Revenue
in the General Fund for the Police Services Victim Services Team.
9. Second Reading of Ordinance No. 003, 2012, Appropriating Prior Year Reserves in the
Transportation Services Fund for the Construction of the East Harmony Road Maintenance
Improvements - College Avenue to Timberline Road.
10. Second Reading of Ordinance No. 004, 2012, Amending Section 14-72(b)(6) of the City
Code to Correct an Error in the Procedures for Review of Applications for Demolition or
Relocation of Historic Structures.
16. Second Reading of Ordinance No. 183, 2011, Authorizing the Lease of City-owned Property
at 430 North College Avenue and 100 Willow Street to the Colorado State University
Research Foundation.
Ordinances on First Reading were read by title by City Clerk Krajicek.
11. First Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to
Modify the Requirements for Arborist Licenses, Designate Additional Violations of Chapter
27 as Civil Infractions, and Make Updates.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt and approve
the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
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January 17, 2012
Councilmember Reports
Councilmember Horak requested information on the funding assistance to be provided by Larimer
County for the Bender Mobile Home Park residents through the Community Foundation. City
Manager Atteberry stated the information will be forthcoming.
Ordinance No. 183, 2011,
Authorizing the Lease of City-owned Property at 430 North College
Avenue and 100 Willow Street to the Colorado State
University Research Foundation, Adopted on Second Reading
The following is staff’s memorandum for this item.
“EXECUTIVE SUMMARY
Colorado State University (CSU) has leased the City-owned property known as the Old Power Plant
at 430 North College Avenue for the last 17 years. CSU has used this site as the Engines and
Energy Conversion Lab (EECL). This program has grown over the years and it is Colorado State
University Research Foundation’s (CSURF) desire to construct a new building that will be used to
house additional labs, office and incubator companies sharing the vision of the EECL. A new lease
agreement is necessary to accommodate these changes. This Ordinance, authorizing a new lease,
was unanimously adopted on First Reading on December 20, 2011 (6-0, Troxell withdrew due to
a conflict of interest).
Second Reading of Ordinance No. 183, 2011, was postponed from January 3 to January 17, 2012,
since Council expressed concern with portions of the Lease on First Reading. Staff has met with
CSURF to discuss the reduction of items in the River Buffer Zone and the proposed improvements
for the access drive to the east door of the existing building. New language for the Lease Agreement
is being drafted and CSURF is working on new exhibits showing suggested changes to the access
drive. This information will be provided to Council by January 17.”
Councilmember Troxell withdrew from the discussion of Ordinance No. 183, 2011, Authorizing the
Lease of City-owned Property at 430 North College Avenue and 100 Willow Street to the Colorado
State University Research Foundation, due to a conflict of interest.
Bruce Hendee, Chief Sustainability Officer, introduced the item.
Ken Mannon, Operations Services Director, discussed the changes made to the Ordinance since First
Reading. Those changes include altering the language to require CSURF to commence construction
of the building within five years or the lease reverts back to a 10-year lease. Additionally, if the
building does not have a certificate of occupancy within eight years, the lease reverts back to a 10-
year term. Mannon discussed the river buffer requirements and necessary removal of equipment.
He stated Dr. Willson of the Engines and Energy Conversions Lab has requested that the removal
of the pavement within the buffer be delayed until after the building construction is complete in
order to use the area to stage part of the construction project.
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January 17, 2012
Dr. Bryan Willson, Engines and Energy Conversions Lab, requested the ability to maintain the
parking lot as a staging area for construction and delay its removal until the completion of the
construction.
Mayor Weitkunat asked if maintaining the parking lot throughout construction is written into the
lease or if that would be an amendment. Mannon replied the lease is currently written that all
equipment and the parking lot need to be removed and the ground planted with native grasses by
June 30, 2012; therefore an amendment would be required to change the lease.
Mayor Pro Tem Ohlson asked about the number of years after which the buffer would be required
to be restored. Hendee replied the lease has the intent of requiring CSURF to return the buffer zone
to a native state; however, the Attorney’s Office is working on exact wording. City Attorney Roy
stated that, although this is Second Reading, having the wording of the agreement finalized is not
as critical as having the wording of an Ordinance or Code provision finalized. Section 2 of the
Ordinance allows for changes in the substance or form of the agreement based upon direction from
Council.
Mayor Pro Tem Ohlson asked if the terms of the lease could be superseded by a major restoration
project of the Poudre River, in terms of restoration of the buffer zone. Hendee replied he would be
concerned that CSURF’s construction could potentially damage any earlier restoration projects.
Mayor Pro Tem Ohlson asked Dr. Willson to respond to the issue. Dr. Willson replied the removal
of the utilities could be done earlier if necessary.
Councilmember Manvel asked what funds would be used to deconstruct the existing building.
Mannon replied funds are available in the Operations Services budget.
Mayor Pro Tem Ohlson asked about the proposed concrete materials. Bob Hosanna, Neenan
Company, replied the concrete would be colored and scored in a designed pattern.
Mayor Pro Tem Ohlson asked if the trail will be relocated farther from the river. Hendee replied
that is the intent and will be shown on the final entitlement drawings for review.
Mayor Pro Tem Ohlson requested legal input regarding the amendments. Ingrid Decker, Senior
Assistant City Attorney, replied the agreement will require the removal of the Solix facilities but
will allow the asphalt parking lot to remain until the completion of the construction project, at which
time it will be removed and landscaped. However, if the construction project does not go forward
within five years, CSURF will be required to remove the parking lot and restore the area to native
grasses or appropriate landscaping. Additionally, should the City begin its own restoration project
within the Poudre River buffer within the five years, CSURF will be required to remove the 20%
of the utilities as part of the restoration project.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 183, 2011, on Second Reading.
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January 17, 2012
Councilmember Manvel supported the project and the Engines Lab.
Councilmember Horak supported the project.
Mayor Pro Tem Ohlson supported the project.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Weitkunat stated Council must propose specific amendments to boards and commissions
work plans at this meeting should it wish to make any changes.
Mayor Weitkunat suggested the Human Relations Commission collaborate and coordinate, and
perhaps consolidate, with some similar boards, particularly the Youth Advisory Board and the
Women’s Commission, given some duality in purpose. Council agreed and a resolution modifying
the Human Relations Commission work plan will be presented at the February 7, 2012 meeting.
Motion Concerning a Conflict of Interest Complaint
Mayor Weitkunat stated the City Clerk’s Office received a conflict of interest complaint on Friday,
January 13. The City Code requires that the complaint be placed on tonight’s meeting agenda and
that the Council, upon receiving the complaint, must decide whether to submit the complaint to the
Ethics Review Board for an advisory opinion as to whether an ethical violation has occurred and,
if so, recommend the action, if any, that should be taken with regard to the violation. However, the
City Code also states that the Council should not take any formal action at its meetings on items that
have not been the subject of public notice unless the Council first finds, by majority vote, that
postponing the item to a subsequent meeting would be contrary to the public interest. Mayor
Weitkunat requested a motion on the item.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to continue the item
to the next Council meeting on February 7, 2012. Yeas: Weitkunat, Manvel, Ohlson, Kottwitz,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell requested that the City Manager explain the City’s plan and process for
Section 108 federal financing. City Manager Atteberry replied he would explain the plan at a later
date.
Mayor Pro Tem Ohlson thanked staff for the exhibits on the Power Plant.
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January 17, 2012
Executive Session Authorized
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, that City Council go
into Executive Session for two purposes: (1) to confer with the City Attorney and other affected
members of City staff regarding potential litigation involving the City, as permitted under City Code
Section 2-31(A)(2); and (2) to discuss the performance and proposed compensation and benefits of
the City Attorney as permitted under City Code Section 2-31(A)(1)(a). Yeas: Weitkunat, Manvel,
Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
(**Secretary’s note: Council went into executive session at 7:35 and reconvened at 9:45 p.m.)
Adjournment
The meeting adjourned at 9:45 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
240
DATE: February 7, 2012
STAFF: Tim Buchanan
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 7
SUBJECT
Second Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to Modify the Requirements for
Arborist Licenses, Designate Additional Violations of Chapter 27 as Civil Infractions, and Make Updates.
EXECUTIVE SUMMARY
Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for commercial gain or profit
to have a City arborist license. The Colorado Department of Agriculture has conducted a review of the City Code
provisions and Forestry policies related to the regulation of pesticides and pesticide application and notified the City
Forester of its conclusion that this requirement conflicts with state statutes regarding the regulation of pesticide
applicators. This Ordinance, unanimously adopted on First Reading on January 17, 2012, removes this conflict.
The Ordinance also decriminalizes most violations of Chapter 27 by making every violation of Chapter 27 a civil
infraction instead of a misdemeanor with the exception of those pertaining to arborist licenses; and updates a position
title and cross references, and removes unnecessary detail regarding department structure.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - January 17, 2012
COPY
COPY
COPY
COPY
ATTACHMENT 1
DATE: January 17, 2012
STAFF: Tim Buchanan
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
First Reading of Ordinance No. 005, 2012, Amending Chapter 27 of the City Code to Modify the Requirements for
Arborist Licenses, Designate Additional Violations of Chapter 27 as Civil Infractions, and Make Updates.
EXECUTIVE SUMMARY
Section 27-34 of the City Code requires businesses that wish to apply pesticides to trees for commercial gain or profit
to have a City arborist license. The Colorado Department of Agriculture has conducted a review of the City Code
provisions and Forestry policies related to the regulation of pesticides and pesticide application and notified the City
Forester of its conclusion that this requirement conflicts with state statutes regarding the regulation of pesticide
applicators. The proposed change to Chapter 27 would remove this conflict.
The other proposed changes to Chapter 27 are: (1) decriminalizing most violations of Chapter 27 by making every
violation of Chapter 27 a civil infraction instead of a misdemeanor with the exception of those pertaining to arborist
licenses; and (2) updating a position title and cross references, and removing unnecessary detail regarding department
structure.
BACKGROUND / DISCUSSION
The Colorado Department of Agriculture has the authority to regulate commercial pesticide application in Colorado.
The Pesticide Program Manager with Colorado Department of Agriculture has conducted an evaluation of the City’s
requirement to license businesses that apply pesticides to trees. A letter was sent by the Colorado Department of
Agriculture to the City Manager on September 29, 2011 and included the following.
“Sections 35-10-112(3) and 35-10-112.5, C.R.S., prohibit local governments from adopting or
continuing in effect any ordinance regarding the use of any pesticide by commercial pesticide
applicators regulated by the Pesticide Applicators’ Act. The Department’s purpose in reviewing such
ordinances is to identify any inconsistencies with these state laws and suggest changes, if necessary,
to avoid conflict or confusion.
Any person acting as a commercial applicator must possess a valid commercial applicator business
license issued by the commissioner in accordance with this article and any rule and regulations
adopted pursuant thereto.
The additional city licensure requirement in section 27-34, therefore, conflicts with and is thus
preempted by section 35-10-112.5(2), C.R. S.”
The Colorado Commercial Applicators Act requires a commercial pesticide applicator license for businesses that apply
pesticides in Colorado. To obtain the state license, one must pass the general exam and at least one category exams.
There is also an insurance requirement. The state has a northern area inspector to provide review and enforcement.
The City has required an arborist license for businesses that apply pesticides to trees since 1971. Currently, an
arborist license is also required for businesses that prune or remove trees when cuts for pruning or removal work are
made 10 feet or greater above the ground. Revisions to Chapter 27 made in 2005 included the requirement for an
arborist license for businesses that make applications of pesticides to trees and for those that perform pruning and
removal work over 10 feet in height.
The recommended change to Chapter 27 would remove the Arborist License requirement for pesticide application to
trees, but retain the license requirement for tree pruning and removal work. This change will remove the conflict with
the state Pesticide Applicators Act.
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January 17, 2012 -2- ITEM 11
Section 27-62 of the City Code specifies that violation of several sections of Chapter 27 will be handled as a civil
infraction. Violations of the remaining provisions are misdemeanor offenses. After reviewing Chapter 27, Forestry
staff has concluded that most violations of Chapter 27 could be properly handled as civil infractions, with the exception
of violations of the provisions related to arborist licenses. Staff also wished to update position titles and department
and division names, and it was determined that two such references in Section 27-17 were unnecessary and could
simply be eliminated. In addition, two incorrect cross-references to other sections of the City Code are being updated.
ENVIRONMENTAL IMPACTS
Commercial pesticide applicators will still be regulated even without a local licensing requirement. The Colorado
Department of Agriculture requires a license for all commercial pesticide applicators in Colorado. The State has a
northern area inspector, based out of Fort Collins, to provide review and enforcement. The Forestry Department has
depended on the State office to investigate complaints and issues about commercial pesticide application to trees in
Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ORDINANCE NO. 005, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT COLLINS
TO MODIFY THE REQUIREMENTS FOR ARBORIST LICENSES, DESIGNATE
ADDITIONAL VIOLATIONS OF CHAPTER 27 AS CIVIL INFRACTIONS,
AND MAKE UPDATES
WHEREAS, Section 27-34 of the City Code requires businesses to have a City arborist
license if they wish to do work within the City that involves applying pesticides to trees, or pruning
or removing trees, for commercial gain or profit; and
WHEREAS, the Colorado Department of Agriculture (CDA) regulates commercial pesticide
application in Colorado; and
WHEREAS, the CDA recently reviewed the City’s Forestry Code provisions and regulations
and concluded that the City’s arborist license requirement for pesticide applicators was in conflict
with and preempted by Section 35-10-112.5 of the Colorado Revised Statutes, which declares
pesticide regulation to be a matter of statewide concern, and prohibits local governments from
adopting or continuing in effect any ordinance, rule, resolution, charter provision or statutes
regarding the use of any pesticide by pesticide applicators regulated under state law; and
WHEREAS, the City’s licensing requirements predate the state statutes cited by the CDA,
and City staff was not previously aware of the apparent conflict; and
WHEREAS, in order to resolve any conflict between the City Code provisions on arborist
licensing and the state laws on pesticide regulation, City Forestry staff is recommending that Section
27-34 of the City Code be amended to remove the licensing requirement for commercial pesticide
application; and
WHEREAS, on December 19, 2006, the City Council adopted Ordinance No. 198, 2006,
which decriminalized certain Code provisions, including several provisions of Chapter 27 related
to vegetation, and designated them as civil infractions in order to encourage compliance with Code
requirements pertaining to property nuisances; and
WHEREAS, on further review of Chapter 27, Forestry staff has determined that, in the
interests of fairness and consistency, all violations of Chapter 27 could properly be handled as civil
infractions with the exception of violations related to arborist licenses, and staff is recommending
that provisions of the City Code related to enforcement of and penalties for violations of Chapter
27 be amended accordingly; and
WHEREAS, staff is also recommending that outdated department names and titles in Chapter
27 be updated or removed and incorrect cross-references be corrected at the same time as the other
proposed amendments to Chapter 27.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 27-1 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-1. Definitions.
As used herein, the term Director refers to the Director of Community
Services.
Section 2. That Section 27-17 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-17. Powers and Duties of City Forester.
The City Forester shall have the power to establish and enforce rules,
regulations, standards and specifications concerning the cutting, trimming, spraying,
removing, planting, pruning and other treatment of trees and shrubs upon the right-
of-way of any street, alley, sidewalk or other City-owned property in the City, and
concerning the performance of such work on public or private property within the
City by licensees under this Article. Such rules, regulations, standards and
specifications shall be in writing and shall not be effective until approved by the City
Manager. Copies of such rules, regulations, standards and specifications shall be
available to the public through the office of the City Forester.
Section 3. That Section 27-34 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-34. Arborist license required for tree services.
(a) It shall be unlawful for any business to engage in the following
activities within the City for commercial gain or profit without first procuring an
arborist license from the City Forester in accordance with the provisions of this
Division: cutting, trimming, pruning or removing of trees when the cuts necessary
for such cutting, trimming, pruning or removal are made at a height of ten (10) feet
or greater above the ground.
(b) Any licensee under this Article must perform all cutting, trimming,
pruning, removing or other treating of trees on public or private property within the
City in accordance with the rules, regulations, standards and specifications
established by the City Forester and approved by the City Manager, as provided for
in § 27-17 of this Article. Any licensee not complying with this requirement may
have its license suspended or revoked pursuant to the provisions of this Article.
-2-
(c) The provisions of this Section shall not apply to the production and
maintenance of trees in a nursery setting.
Section 4. That Section 27-56 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-56. Right of entry.
In order to accomplish the purposes of this Division, the City Forester,
officers as defined in § 19-63 or a contractor hired by the City Forester are hereby
authorized to go upon any public or private property within the City for the purpose
of inspecting trees or shrubs. Subject to the notice and hearing requirements of this
Division, the City Forester or a contractor hired by the City Forester is also
authorized to go upon any public or private property in the City for the purpose of
cutting, trimming, pruning and/or removing trees or shrubs that the City Forester has
determined present a danger to persons using, or property located upon, the public
rights-of-way or other City-owned property within the City, or in order to treat or
eliminate a destructive or communicable disease or insect infestation.
Section 5. That Section 27-59 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-59. Notice of violation; removal authority and procedure lien on
property.
(a) The City Forester or officers as defined in § 19-63 may give notice to any
property owner or occupant who is in violation of any provision of this Article. .
Such notice shall be personally served upon such person or, if not personally served,
conspicuously posted upon the property and also deposited in the United States mail,
addressed to the owner of record at the address on the assessment roll of the County
Assessor or at such other, more recent address as may be available to the City. With
respect to occupants, notice may be mailed to the address of the property so
occupied.
. . .
Section 6. That Section 27-62 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-62. Violations and Penalties.
Any person who violates any provision of this Article except §§ 27-34 to 27-
40 regarding arborist licensing commits a civil infraction and is subject to the penalty
provisions of Subsection 1-15(f).
-3-
Introduced, considered favorably on first reading, and ordered published this 17th day of
January, A.D. 2012, and to be presented for final passage on the 7th day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 7th day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-4-
DATE: February 7, 2012
STAFF: Nancy Nichols
Kathleen Bracke
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 8
SUBJECT
First 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
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.
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
ATTACHMENT 1
Printed on recycled paper
www.dero.com 1.800.298.4915
The Dero Campus Rack was created in cooperation with the
City of Madison to provide superior bike support, orderly bike
parking and high security. The design of the rack supports both
the wheel and frame of the bike, and university campuses love
its orderly and efficient bike parking. The single sided model
keeps bikes parked on one side of the rack, making it ideal
for sidewalk placement. The Dero Campus Rack’s complete
welded construction means easier installation, and thieves
cannot disassemble the rack.
• Orderly single or double sided parking
• Great for sidewalk placement
• Multiple configurations available
Campus RaCk
DERO
ATTACHMENT 2
Appendix: Bicycle Rack Photos
Bennett IB World School – East Bike Racks (November 2010)
Bennett IB World School – West Bike Racks on Bike to School Day (Spring
2008)
1
ATTACHMENT 3
Bauder Elementary School (November 2010)
Bacon Elementary School (November 2010)
2
Zach Core Knowledge (November 2010)
Zach Core Knowledge (November 2010)
3
Zach Core Knowledge (November 2010)
Lesher Middle School (November 2010)
4
Dunn IB World School – North Bike Racks (November 2010)
Dunn IB World School – South Bike Racks (November 2010)
5
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
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
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.
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 7, 2012
STAFF: Wanda Krajicek
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 10
SUBJECT
Resolution 2012-003 Amending the Human Relations Commission 2012 Work Plan.
EXECUTIVE SUMMARY
Council liaisons have reviewed the 2012 work plans submitted by boards and commissions. On January 17, 2012,
Council gave direction (under Other Business) to amend the Human Relations Commission Work Plan.
BACKGROUND / DISCUSSION
City Code requires all boards and commissions to file work plans on or before November 30 for the following year.
The Boards and Commissions Manual provides the following procedure for Council review of annual work plans:
• Work Plans for Boards and Commissions must be filed with the City Clerk on or before November 30.
• City Clerk’s Office forwards to Council liaisons and the City Manager specific work plans with comment
form.
• Council liaison comments are forwarded to the Clerk’s Office by the end of December.
• Clerk’s Office circulates all work plans with Council liaison comments to the full Council.
• Councilmembers propose amendments to work plans (if any) at the second City Council meeting in
January. Support of three Councilmembers needed to initiate changes.
• Resolution to make amendments (if any) to work plans presented at the first City Council meeting in
February.
Absent any further input from Council, the Human Relations Commission 2012 Work Plan will be amended to include
a change to the tasks of the Educational Outreach Committee to pursue opportunities to coordinate and collaborate
with City boards that have similar functions, such as the Youth Advisory Board, Commission on Disability, and the
Women’s Commission and investigate the feasibility of consolidation of those boards with the Human Relations
Commission.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE HUMAN RELATIONS COMMISSION
2012 WORK PLAN
WHEREAS, the City Code requires each board and commission of the City to prepare and
submit annual work plans to City Council; and
WHEREAS, the Council Liaisons review and submit comments regarding the annual work
plans to the City Clerk’s office, which comments are forwarded to the City Council for consideration
and possible modification of the proposed work plan; and
WHEREAS, any such proposed modifications are to be approved by the Council by
resolution at the first Council meeting in February; and
WHEREAS, the Council desires to amend the Human Relations Commission Work Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Human Relations Commission 2012 Work Plan is amended as described in
“Exhibit A,” attached hereto and incorporated herein by this reference.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of February A.D. 2012.
Mayor
ATTEST:
City Clerk
1
Fort Collins Human Relations Commission
2012 Work Plan
As Community leaders and advisors to City Council, we research, deliberate and
take proactive and responsive measures to promote the dignity of individuals and
groups in Fort Collins. HRC Mission Statement
For 2012, the Fort Collins Human Relations Commission will continue with a
broad plan for supporting Human issues that are pertinent to the City of Fort
Collins. Responsibilities are divided amongst its four Committees but are not
exclusive to that Committee. Our Commission has pledged to become informed
about human relations issues and events within Fort Collins and recommend
appropriate action to City Council.
The EXECUTIVE COMMITTEE shall…
Call special meetings when problem resolution of urgent issues is needed.
Delegate issues for resolution to standing or to special committees.
Provide support to other HRC committees as needed.
Determine meeting agendas for monthly HRC meetings and special meetings.
The GOVERNMENT RELATIONS COMMITTEE shall…
Act as primary point of contact for the Citizen Liaisons Program which assists
citizens in filing complaints with Fort Collins Police Services. Coordinate with
Police Services to train people in the Citizen Liaison Program and to allow
effective utilization of the program within the complaint process. Maintain a list of
interpreters to assist with translation in filing complaints.
Keep a calendar of City Council meetings and solicit HRC members to monitor
City Council agendas and attend or view meetings as appropriate, specifically
monitoring the Community Open Mike period at the beginning of Council
sessions. Address City Council as needed.
Attend Citizen Review Board meetings and provide assistance upon its request.
EXHIBIT A
Keep a calendar of City Council meetings and solicit HRC members to monitor
City Council agendas and attend or view meetings as appropriate, specifically
monitoring the Community Open Mike period at the beginning of Council
sessions. Address City Council as needed.
Attend Citizen Review Board meetings and provide assistance upon its request.
Help to educate citizens and recommend actions which promote positive
relations among community members, Fort Collins Police Services and the
Citizen Review Board.
Review proposed legislation, policy changes or other governmental action at the
federal, state or local level which may affect human rights and civil liberties in the
city and make recommendations regarding the same.
Research and recommend actions necessary to achieve: equal employment
opportunities; equal housing opportunities; equal public accommodation
opportunities and the best possible Fort Collins government/community relations
in all fields of government.
Maintain regular communication with our HRC City Council Liaison and City
Council.
The MEDIA/COMMUNITY RECOGNITION COMMITTEE shall…
Foster cooperative relations with media to increase visibility of HRC’s work.
Draft necessary articles or communication pieces to support the work of the
HRC.
Plan and execute the Annual HRC Citizen’s Awards (which commend
individuals, groups, companies or organizations for inspiring contributions and
leadership on behalf of minority or disadvantaged citizens).
Update the HRC website, working with the city staff.
Streamline the publicity process for event planning.
Compile and generate a media resources plan and kit.
The EDUCATIONAL OUTREACH COMMITTEE shall…
Create a better understanding of issues involving cultural, ethnic, racial, gender,
age, disability or diversity through the use of educational programs and/or
events.
Keep the Commission current on topics involving diversity and equality and to
move on action items that parallel the HCR mission and strategic plan.
Increase our collaboration with new and existing committees and organizations
in Fort Collins as well as work with other City Boards and Commissions who deal
with issues related to human relationspursue opportunities to coordinate and
collaborate with City boards that have similar functions. Investigate the feasibility
of consolidation of the Human Relations Commission, the Youth Advisory Board,
the Commission on Disability, and the Women’s Commission and include
analysis of findings in the 2012 Human Relations Commission Annual Report.
Continue to update our general presentation and brochure and assist the
community by providing basic presentations on diversity topics and case studies
as well as partnering with other organizations to assist in outreach programming
and direct responsiveness to queries and situations.
2
EXHIBIT A
DATE: February 7, 2012
STAFF: Wanda Krajicek
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
Resolution 2012-004 Making an Appointment to the Land Conservation and Stewardship Board.
EXECUTIVE SUMMARY
A vacancy currently exists on the Land Conservation and Stewardship Board due to the resignation of Juli Germany.
Councilmembers Wade Troxell and Aislinn Kottwitz reviewed the applications on file. The interview team is
recommending Ed Reifsnyder to fill the vacancy with a term to begin immediately and set to expire on December 31,
2012.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AN APPOINTMENT TO THE
LAND CONSERVATION AND STEWARDSHIP BOARD
WHEREAS, a vacancy currently exists on the Land Conservation and Stewardship Board due
to the resignation of Juli Germany; and
WHEREAS, the City Council desires to make an appointment to fill the vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the following named person is hereby appointed to fill the current vacancy on the
Land Conservation and Stewardship Board, with a term to begin immediately and to expire as set
forth after the name:
Land Conservation and Stewardship Board Expiration of Term
Ed Reifsnyder December 31, 2012
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day
of February A.D. 2012.
Mayor
ATTEST:
City Clerk
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
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
ATTACHMENT 1
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
PROJECT CONSTRUCTION GRANT AGREEMENT
(FTA PCGA-02, October 1, 2011)
On the date the authorized official of the Federal Transit Administration (FTA), U.S.
Department of Transportation, signs this Project Construction Grant Agreement, the
Government (FTA) has Awarded Federal assistance in support of the Project described
below. Upon Execution of this Project Construction Grant Agreement by the Grantee
named below, the Grantee affirms this Award by the Government (FTA) and enters into
this Project Construction Grant Agreement with FTA. The following documents are
incorporated by reference and made part of this Project Construction Grant Agreement:
(1) “Federal Transit Administration Master Agreement,” FTA MA(17), October 1, 2011,
http://www.fta.dot.gov/documents/17-Master.pdf;
(2) The Certifications and Assurances applicable to the Project that the Grantee has
selected and provided to FTA; and
(3) Any Award notification containing special conditions or requirements, if issued.
FTA AWARD
The Government (FTA) hereby awards a Project Construction Grant as follows:
Project Number(s): CO-03-0206-01
Grantee: City of Fort Collins
Statutes Authorizing the Project: 49 U.S.C. §§ 5309(b), 5309(e)
Estimated Net Project Cost: $86,833,848
Maximum FTA Amount Awarded: $65,575,908
Amount of This FTA Award: $54,505,728
Maximum Federal Small Starts Financial Contribution: $65,575,908
Maximum Percentages of FTA Participation: 80.0%
Maximum Percentages of Section 5309 Small Starts Participation: 75.52%
Dates of U.S. Department of Labor Certifications of Public Transportation Employee
Protection Arrangements:
ATTACHMENT 2
1
Original Project
(or Amendment)
Numbers Certification Dates
CO-03-0206-01 11/30/2011
Revenue Operations Date: May 31, 2014
Project Description: The Mason Corridor Express (MAX) Bus Rapid Transit (BRT)
project is a north-south BRT system located in the central area of Fort Collins,
Colorado. The project extends from Maple Street adjacent to the existing Downtown
Transit Center on the north to approximately ¼ mile south of Harmony Road, with a total
length of approximately five miles. The BRT system is proposed within an exclusive
guideway for 2.8 miles with the remaining 2.2 miles intermixed with street traffic on
portions of McClelland Drive and Mason Street. Along the entire length of the corridor,
the BRT system runs parallel to the existing Burlington Northern Santa Fe (BNSF)
railroad tracks; however, at varying locations, the BRT system is proposed within a
combination of property owned by the BNSF, City of Fort Collins, Colorado State
University, and private land owners. 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 12 Stations/Stops, including 6 park and ride locations. The project includes
improvements to the existing Downtown Transit Center – the northern terminus for the
project - and the construction of the new South Transit Center - the southern terminus
for the BRT. Lastly, the project includes expansion of the existing Bus Fleet
Maintenance Facility to accommodate the new BRT buses. For a more detailed
description, see Attachments 1 and 2 to the Project Construction Grant Agreement.
2
TABLE OF CONTENTS
Page
Project Construction Grant Agreement …………………… 2
Project Construction Grant Agreement Terms and Conditions ………………....... 5
Section 1 Definitions …………………… 6
Section 2 Previous Federal Grants and Documents …………………… 7
Section 3 Baseline Cost Estimate …………………… 8
Section 4 Net Project Cost …………………… 8
Section 5 Estimated Net Project Cost …………………… 9
Section 6 Limitations of the Federal Funding Commitment …………………… 9
Section 7 Federal Funding – Other Sources …………………...11
Section 8 Local Financial Commitment – Capital Costs …………………...11
Section 9 Authorization to Advance Project Without Prejudice …………………...12
Section 10 Local Financial Commitment – Operation and
Maintenance Costs …………………...12
Section 11 Obligation to Complete the Project …………………...13
Section 12 Baseline Schedule …………………...13
Section 13 Revenue Operations Date …………………...13
Section 14 Environmental Protection …………………...14
Section 15 Applicable Law and Federal Requirements …………………...14
Section 16 Notices …………………...14
Section 17 Creation, Contents and Execution of the Agreement
and Amendments to the Agreement …………………...15
Execution by the Grantee
Affirmation by the Grantee’s Attorney
Attachment 1 Scope of the Project
Attachment 1A Vicinity Map
Attachment 1B Project Map
Attachment 2 Project Description
Attachment 3 Baseline Cost Estimate
Attachment 3A Project Budget
Attachment 4 Baseline Schedule
Attachment 5 Prior Grants and Related Documents
Attachment 6 Schedule of Federal Funding
Attachment 7 Environmental Mitigation
Attachment 8 “Before and After” Study Plan
3
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINSTRATION
PROJECT CONSTRUCTION GRANT AGREEMENT
Terms and Conditions
THIS FEDERAL TRANSIT ADMINISTRATION PROJECT CONSTRUCTION GRANT
AGREEMENT (Agreement) is entered into by the City of Fort Collins (Grantee) and the
United States of America, acting through the Federal Transit Administration of the
United States Department of Transportation (FTA or Government).
WHEREAS, the Grantee has determined through its local planning process that
construction and acquisition of the Mason Corridor Bus Rapid Transit (MAX) Project
(hereafter, the “Project”) will serve the transportation needs of the Fort Collins
metropolitan area;
WHEREAS, the Grantee has developed a Financing Plan, as defined herein, using a
combination of local, state, and Federal funds to finance the costs of the Project, and in
accordance with that plan, has requested a Grant, as defined herein, of Federal
financial assistance for the Project;
WHEREAS, the Government has determined that the Project is based on the results of
planning and alternatives analysis; justified based on the Government’s review of the
local land use policies supportive of public transportation, the cost effectiveness of the
Project, and the Project’s effect on local economic development; and supported by an
acceptable degree of local financial commitment;
WHEREAS, the Government has decided to enter into this Agreement to support the
Grantee’s development and construction of the Project up to a Maximum Federal Small
Starts Financial Contribution of $65,575,908 in capital funds, subject to all the terms and
conditions herein; and
WHEREAS, the Government and the Grantee have agreed that their respective duties
and responsibilities for completion of the Project shall be determined by and under the
terms and conditions of this Agreement and this Agreement shall be recognized as the
sole understanding between the Government and the Grantee in consideration of the
mutual promises set forth herein;
THEREFORE, the Government and the Grantee agree to the specific terms, conditions,
and provisions set forth in this Agreement including, in particular, the specific terms of
the following Sections and Attachments:
4
SECTION 1. DEFINITIONS
“Agreement” means this Federal Transit Administration Project Construction Grant
Agreement (PCGA) and consists of all parts and documents identified in Section 17 of
this Agreement, “Creation, Contents and Execution of Agreement and Amendments to
the Agreement,” and will include all future addenda, substitutions, modifications and
amendments as and when legally executed and effective.
“Baseline Cost Estimate” means the document described in Section 3 of this
Agreement and set forth in Attachment 3 to this Agreement. The Baseline Cost
Estimate reflects the total anticipated cost of the Project as of the Date of this
Agreement.
“Complete the Project” means to accomplish all of the scope and activities of the
Project as described in Attachment 1 to this Agreement, “Scope of the Project,” and
Attachment 2 to this Agreement, “Project Description.”
“Date of this Agreement” means the date the Government awards this Project
Construction Grant Agreement.
“Estimated Net Project Cost” means the amount that is calculated by subtracting the
cost that can reasonably be financed from the Grantee’s revenue from the total
anticipated cost of the Project as reflected in the “Baseline Cost Estimate,” Attachment
3 to this Agreement. The Estimated Net Project Cost is set forth in Section 5 of this
Agreement.
“Financing Plan” means the plan accepted by the Government that describes the
Grantee’s financial condition and demonstrates the Grantee’s capability to Complete the
Project, and to maintain and operate the Project together with its existing public
transportation system. This Financing Plan includes all explanatory, supporting and
supplementary documents, commitments, and agreements accepted or approved and
relied upon by the Government.
“Government” means the United States of America, acting through the Federal Transit
Administration of the United States Department of Transportation.
“Grantee” means the City of Fort Collins, Colorado.
“Grant” means the obligation and award of Federal financial assistance pursuant to 49
U.S.C. Chapter 53.
“Local Share” means that portion of the Grantee’s local financial commitment that is
the Grantee’s required share of the Net Project Cost under this Agreement.
“Master Agreement” means the standards terms and conditions applicable to
recipients of Federal financial assistance pursuant to 49 U.S.C. Chapter 53. The
5
Master Agreement is updated and published annually. The Master Agreement is
incorporated by reference and made part of this Agreement; in Federal Fiscal Year
2012, it is identified as FTA Form MA(17)(October 1, 2011).
“Maximum Federal Small Starts Financial Contribution” means the limit of Federal
capital “Small Starts” financial participation in the Project through the award of funding
pursuant to 49 U.S.C. § 5309(e). The amount of the “Maximum Federal Small Starts
Financial Contribution” is set forth in Section 6 of this Agreement, “Limitations of the
Federal Funding Commitment.”
“Net Project Cost” means the cost of the Project that cannot reasonably be financed
from the Grantee’s revenues.
“Project” means the public and multi-modal transportation improvements the Grantee
has promised to carry out as a condition of this Project Construction Grant. A
description of the Project is set forth in Attachment 1, “Scope of the Project.” Activities
to carry out the project scope are set forth in Attachment 2, “Project Description.”
“Project Costs” mean all costs eligible for Federal financial participation under the
terms of this Agreement and consistent with the cost principles set forth in Section 9 of
the Master Agreement, “Payments.”
“Revenue Operations Date” means the date certain by which the Grantee shall
commence revenue operations of the Project as defined in Section 13 of this
Agreement.
SECTION 2. PREVIOUS FEDERAL GRANTS AND DOCUMENTS
(a) Federal law, procedure, and policy require the completion of a project development
process and environmental and historic preservation reviews prior to the award and
execution of this Agreement. Prior grants of Federal funds for these reviews and other
project activities are described in Attachment 5 to this Agreement. These grants (and
any other previous documents identified in Attachment 5, including Letters of No
Prejudice) are incorporated by reference and made part of this Agreement, except for
the terms and conditions thereof specifically superseded by this Agreement. Further, in
executing this Agreement, the Grantee assures the Government that the certifications
and assurances made by the Grantee (or on behalf of the Grantee by a third party)
upon which the Government relied in these prior actions were made in good faith and to
the best of the Grantee’s knowledge and belief, and that the Grantee has no present
knowledge of facts or circumstances substantially affecting the continued validity of
these certifications and assurances that the Grantee has not formally conveyed to the
Government prior to the Government’s awards of funding set forth in this Agreement.
(b) This Agreement does not discharge or rescind any of the terms, conditions, or
obligations established under the documents set forth in Attachment 5 unless
specifically stated otherwise herein. Furthermore, the terms, conditions and obligations
6
of this Agreement take precedence over the provisions of all prior agreements between
the Government and the Grantee related to the Project and will be controlling for all
actions related to the Project taken after the Date of this Agreement, unless specifically
stated otherwise herein.
(c) No amendments will be sought or approved to increase the amount of funds in the
prior Grants listed in Attachment 5 beyond the amounts described in this Agreement as
available to the Project.
SECTION 3. BASELINE COST ESTIMATE
The Baseline Cost Estimate (BCE) is set forth at Attachment 3 to this Agreement. The
BCE is comprised of all activities necessary to Complete the Project and reflects the
total anticipated costs of the Project as of the Date of this Agreement. The BCE is
derived from the most recent cost estimates of the individual third party contracts and
force account work and reflects appropriate escalation and contingencies, and the
milestones set forth in Attachment 4 to this Agreement, “Baseline Schedule.” The BCE
will not be amended or modified during the construction of the Project. The
Government will use the BCE to monitor the Grantee’s construction of the Project and
the Grantee’s compliance with certain terms and conditions of this Agreement. The
Grantee will submit cost reports as required by this Agreement and in a format
consistent with the units set forth in the BCE so that the Government can, with
reasonable diligence, reconcile the Grantee’s reports with the BCE.
SECTION 4. NET PROJECT COST
(a) This Grant is to assist in the payment of actual eligible costs within the scope of the
Project under this Agreement, minus any amount that can reasonably be financed from
revenues of the Grantee. If the funds awarded under this Grant exceed the amount
necessary to finance the Federal share, the excess funds are not available to the
Grantee for payment of costs beyond the scope of this Project supported by this Grant.
(b) The portion of the Net Project Cost that may be financed by the Government with
capital small starts funds may not exceed the amount of the Maximum Federal Small
Starts Financial Contribution for this Project as stated in Section 6 of this Agreement,
“Limitations of the Federal Funding Commitment.”
(c) The Grantee acknowledges that Federal funds may be used only to reimburse
eligible expenses for the Project. Should the Government determine that Federal funds
have been used to reimburse any expenses that were ineligible for Federal
reimbursement, the Government will direct the Grantee either to reimburse the
Government with local funds not already committed to the Project or to reduce the total
project costs by the amounts found to have been ineligible.
7
SECTION 5. ESTIMATED NET PROJECT COST
(a) The Government’s determination to provide financial assistance for the Project is
based in significant part upon the Grantee’s estimated costs as set forth in the Baseline
Cost Estimate, Attachment 3 to this Agreement. The Estimated Net Project Cost
reported in Attachment 3 is $86,833,848.
(b) The Estimated Net Project Cost financed under this Agreement is limited by the
amount of the Maximum FTA Amount Awarded. The amount of the Estimated Net
Project Cost and the Maximum FTA Amount Awarded are stated on the first page of this
Agreement. The amount reimbursable by the Government is limited to the lesser of
either the Maximum FTA Amount Awarded or the maximum percentage of FTA
participation permitted by Federal law and regulation. Additional funds will not be
provided until a Grant amendment awarding additional funds and amending this Project
Construction Grant Agreement is executed.
SECTION 6. LIMITATIONS OF THE FEDERAL FUNDING COMMITMENT
(a) With its Award set forth in this Agreement the Government obligates
$54,505,728 in Federal capital small starts financial assistance for the Project.
The sources of this Federal financial assistance are set forth in the “Project Budget,”
Attachment 3 to this Agreement. These funds are in addition to all previous Federal
financial commitments to the development of the Project as set forth in the schedule of
“Prior Grants and Related Documents,” Attachment 5 to this Agreement.
(b) The Maximum Federal Small Starts Financial Contribution for this Project under the
capital small starts category of funds is limited to $65,575,908 which is the sum of the
amounts set forth in Paragraph (a) this Section 6.
SECTION 7. FEDERAL FUNDING – OTHER SOURCES
The Maximum Federal Small Starts Financial Contribution specified in Section 6(c) of
this Agreement does not include funds from Federal sources other than the capital small
starts program under 49 U.S.C. § 5309. Should such other Federal funds be provided
for the Project in addition to the Federal capital small starts funds set forth in
Attachment 6 to this Agreement, the limitation of the Federal funding commitment set
forth in Section 6 of this Agreement shall not apply to those funds. Accordingly, such
additional funds shall be excluded from the calculation of the Maximum Federal Small
Starts Financial Contribution. Additional federal contributions include $3,891,168 in
5309 Bus and Bus Facility funds. Funds awarded pursuant to this Section will be subject
to all other terms, conditions and obligations set forth in the Agreement.
SECTION 8. LOCAL FINANCIAL COMMITMENT – CAPITAL COSTS
(a) As a condition precedent to the Government’s Award of this Project Construction
Grant, the Grantee has developed and adopted a Financing Plan for funding all Project
8
Costs necessary to Complete the Project. In addition to the amount of Federal funds
requested, the Financing Plan includes a statement identifying the State, local and
private sources of funding and the amount of funds available for and committed to the
Project from each such source. This Financing Plan, as accepted and relied upon by
the Government, is hereby incorporated by reference and made part of this Agreement,
together with the supporting documentation identified in the Financing Plan, including
formal funding agreements and third-party commitments.
(b) The Grantee hereby commits and certifies that it will provide funds in an amount
sufficient to ensure full and timely payment of Project Costs as necessary to Complete
the Project, together with the Federal contribution as identified and limited by Section 6
of this Agreement.
(c) The Grantee hereby commits and certifies that the Local Share portion of its
financing commitment will be provided from funding sources other than Federal funds
(except as may otherwise be authorized by Federal statute), receipts from the use of
Project facilities or equipment (except as may otherwise be authorized by Federal
statute), or revenues of the public transportation system in which such facilities or
equipment are used.
(d) Given the Estimated Net Project Cost as set forth in Section 5 of this Agreement,
the Grantee’s financial commitment to the Net Project Cost is estimated to total
$17,366,772. This amount constitutes the Local Share needed to match the Maximum
Federal Small Starts Financial Contribution for the Project and Other Federal Sources.
(e) The Grantee agrees to notify the Government of any change in circumstances or
commitments that adversely affects the Grantee’s plan to fund the Project Costs
necessary to Complete the Project as set forth in the Financing Plan. In its notification,
the Grantee shall advise the Government of what actions the Grantee has taken or
plans to take to ensure adequate funding resources and reaffirm its commitment to the
Government as set forth in Paragraph (b) of this Section 8.
SECTION 9. AUTHORIZATION TO ADVANCE PROJECT WITHOUT PREJUDICE
The Grantee may incur costs or expend local funds for all phases of the Project as is
reasonably necessary to advance the Project prior to an award of Federal financial
assistance without prejudice to possible future Federal participation in or reimbursement
of the Project Costs to the extent that such costs are incurred in accordance with all
applicable Federal requirements and this Agreement. It is understood that the authority
conferred on the Grantee to advance the Project without prejudice does not constitute a
legal commitment by the Government to obligate and award Federal funds.
9
SECTION 10. LOCAL FINANCIAL COMMITMENT – OPERATION AND
MAINTENANCE COSTS
(a) As a condition precedent to the Government’s Award of this Project Construction
Grant, the Grantee has developed and adopted a Financing Plan for funding the future
operation and maintenance of the Project that also takes into consideration the
Grantee’s continuing financial responsibilities to operate, maintain and reinvest in its
existing public transportation system. This Financing Plan, as accepted by the
Government, is hereby incorporated by reference and made part of this Agreement,
together with the supporting documentation identified in the Financing Plan, including
formal funding agreements and third-party commitments, and serves to demonstrate
stable and dependable funding sources, which are an essential part of the Grantee’s
Application for this Project Construction Grant.
(b) With the Execution of this Agreement the Grantee assures the Government that it
has stable and dependable funding sources, sufficient in amount and degree of
commitment, to operate and maintain its entire public transportation system at an
adequate and efficient level of service, including the future operation and maintenance
of the Project without additional Federal assistance beyond the amounts set forth in the
Financing Plan. The foregoing assurance does not preclude the Grantee from altering
service through contracts with private providers of public transportation services.
(c) The Grantee agrees to notify the Government of any change in circumstances or
commitments that adversely affects the Grantee’s plan to fund the operation and
maintenance costs of the Project as set forth in the Financing Plan. In its notification,
the Grantee shall advise the government of what actions the Grantee has taken or plans
to take to ensure adequate funding resources and reaffirm its commitment to the
Government as set forth in Paragraph (b) of this Section 10.
SECTION 11. OBLIGATION TO COMPLETE THE PROJECT
The Government has no obligation to provide any financial assistance for the Project
beyond the Maximum Federal Small Starts Financial Contribution. If the total Federal
funding provided under Section 6 of this Agreement, Limitations of the Federal Funding
Commitment, is insufficient to undertake revenue operation of the Project and the
subsequent activities necessary to Complete the Project, the Grantee agrees to
Complete the Project and accepts sole responsibility for the payment of any additional
costs (overruns).
SECTION 12. BASELINE SCHEDULE
The Baseline Schedule is set forth in Attachment 4 to this Agreement. The Baseline
Schedule demonstrates how the Grantee intends to Complete the Project and meet the
Revenue Operations Date. The Government will use the Baseline Schedule to monitor
the Grantee’s construction of the Project and compare planned to actual Project
implementation. Accordingly, the Baseline Schedule will not be amended or modified
10
during the construction of the Project, although the actual schedule of the Project may
be modified from time to time as necessary and appropriate. The Grantee agrees to
notify the Government of any change in circumstances or commitments that may affect
the Grantee’s ability to achieve the Revenue Operations Date, and what actions the
Grantee has taken or plans to take to minimize any further slippage in its construction of
the Project.
SECTION 13. REVENUE OPERATIONS DATE
(a) The Grantee agrees to achieve revenue operations of the Project on or before May
31, 2014, the Revenue Operations Date, in accordance with the terms and conditions of
this Agreement.
(b) The Revenue Operations Date is a significant term of this Agreement. The
Grantee’s failure to achieve the operational functions of the Project on or before the
Revenue Operations Date will constitute a breach of this Agreement. Upon the
Grantee’s request, the Government may determine, in its sole discretion, to waive a
breach or an anticipatory breach of this Agreement and extend the Revenue Operations
Date, provided that there is an unavoidable delay in achieving the operational goals of
the Project resulting from an event or circumstance beyond the control of the Grantee,
or the Government determines that allowing the delay is in the best interests of the
United States and the success of the Project. Requests by the Grantee for waiver of a
breach or anticipatory breach of this Agreement and extension of the Revenue
Operations Date shall be submitted promptly to the Government, in writing, with
appropriate documentation. In the exercise of its sole discretion to waive the breach
and extend the Revenue Operations Date, the Government will take into consideration
the actions and measures taken by the Grantee to meet its commitment to achieve the
operational goals of the Project on or before the scheduled Revenue Operations Date.
(c) Delays in appropriations of funds from the Congress shall not constitute a basis for
extension of the Revenue Operations Date.
(d) The Government’s consent to extend the Revenue Operations Date pursuant to
Paragraph (b) of this Section 13 does not constitute a basis for additional Federal
financial assistance beyond the Maximum Federal Small Starts Financial Contribution.
SECTION 14. ENVIRONMENTAL PROTECTION
As a condition precedent to this Agreement the Government and the Grantee have
assessed the environmental impacts of the Project, as required by the National
Environmental Policy Act and other applicable law. The results of this assessment and
the mitigation measures adopted for this Project are set forth in Attachment 7 to this
Agreement, Environmental Mitigation. The Grantee acknowledges that it shall not
withdraw or substantially change any of the mitigation measures set forth in either
Attachment 7 or the Government’s environmental record for the Project without express
written approval from the Government. On a periodic basis the Grantee will provide the
11
Government a written report on the Grantee’s progress in carrying out these mitigation
measures.
SECTION 15. APPLICABLE LAW AND FEDERAL REQUIREMENTS
All awards of Federal financial assistance for this Project are governed by the Federal
statutory, regulatory, and program requirements identified in the Master Agreement,
FTA MA(17), dated October 1, 2011, which is incorporated by reference and made part
of this Project Construction Grant Agreement. The Master Agreement will continue to
govern the Project unless and until it is modified by FTA. If neither Federal statute nor
regulation nor Federal common law governs the interpretation of the provisions of this
Agreement, the state law of the State of Colorado will apply. This provision is intended
only to supplement Section 2.c of the Master Agreement, “Application of Federal, State,
and Local Laws, Regulations, and Directives.”
SECTION 16. NOTICES
Notices required by this Agreement will be addressed as follows:
As to the Government:
Terry J. Rosapep
Regional Administrator
Federal Transit Administration, Region VIII
12300 West Dakota Avenue
Suite 310
Lakewood, Colorado 80228
As to the Grantee:
Darin Atteberry
City Manager
City of Fort Collins
300 Laporte Avenue
Fort Collins, Colorado 80522
SECTION 17. CREATION, CONTENTS, AND EXECUTION OF THE AGREEMENT
AND AMENDMENTS TO THE AGREEMENT
(a) This Project Construction Grant Agreement consists of the text of this Agreement,
the several Attachments to this Agreement, the Master Agreement, the Grantee’s
application for Federal financial assistance, and the Government’s environmental record
for the Project.
(b) There are several identical counterparts of this Agreement in typewritten hard copy;
each counterpart is to be fully executed in writing by the parties and each counterpart is
12
deemed to be an original having identical legal effect. When signed and dated by the
authorized official of the Government, this instrument will constitute an Award that
should be executed by the Grantee within ninety (90) days of the date of the
Government’s Award (FTA Award). The Government may withdraw its Award of
financial assistance and obligation of funds if this Agreement is not executed within the
ninety (90) day period. Upon full execution of this Agreement by the Grantee, the
effective date will be the date the Government awarded funding under this Agreement
as set forth below.
(c) Simultaneous to the execution of this Agreement in typewritten hard copy, the
Agreement will be executed by electronic means through FTA’s electronic award and
management system. To the extent any discrepancy may arise between the typewritten
version and the electronic version of this Agreement, the typewritten version will prevail.
Any inconsistency between the Grantee’s application and the terms and conditions of
this Agreement will be resolved according to the clear meaning of the provisions of this
Agreement and the Attachments hereto.
(d) Amendments to any of the documents referenced in this Section 17 will be made in
accordance with the requirements and procedures set forth in FTA Circular 5010.1D,
“FTA Project Management Guidelines” (November 1, 2008), as may be amended from
time to time.
THE GOVERNMENT HEREBY AWARDS THIS PROJECT CONSTRUCTION GRANT
THIS _____ DAY OF ____________, 2012.
Signature: ______________________________
Peter Rogoff
Federal Transit Administrator
United States Department of Transportation
13
EXECUTION BY GRANTEE
The Grantee, by executing this Agreement, affirms this FTA Award; adopts and ratifies
all statements, representations, warranties, covenants, and materials the Grantee has
submitted to FTA; consents to this Award; and agrees to all terms and conditions set
forth in this Agreement.
THE GRANTEE HEREBY EXECUTES THIS PROJECT CONSTRUCTION GRANT
THIS _____ DAY OF _______________, 2012.
Signature: ______________________________
Name: Darin Atteberry
Title of Grantee Official: City Manager
Name of Grantee Organization: City of Fort Collins, Colorado
ATTESTED BY:
Signature: ______________________________
Name: Wanda Krajicek
Title of Attesting Official: City Clerk
Name of Organization: City of Fort Collins
14
AFFIRMATION BY GRANTEE’S ATTORNEY
As the undersigned Attorney for the Grantee, I affirm to the Grantee that I have
examined this Agreement and the proceedings taken by the Grantee relating to this
Agreement. As a result of my examination I hereby affirm to the Grantee the Execution
of the Agreement by the Grantee is duly authorized under State and local law. In
addition, I find that in all respects the Execution of this Agreement is due and proper
and in accordance with applicable State and local law. Further, in my opinion, this
Agreement constitutes a legal and binding obligation of the Grantee in accordance with
the terms of the Agreement. Finally, I affirm to the Grantee that, to the best of my
knowledge, there is no legislation or litigation pending or imminent that might adversely
affect the full implementation of the Project in accordance with the terms thereof.
DATED THIS _____ DAY OF _______________, 2012.
AFFIRMED BY:
Signature: ___________________________________
Name: Paul Eckman
Title of Official: Deputy Assistant City Attorney
Name of Organization: City of Fort Collins
15
Attachment 1
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Scope of the Project
The MAX project is a north-south Bus Rapid Transit (BRT) system located in the central area of
Fort Collins, Colorado. The project extends from Maple Street adjacent to the existing
Downtown Transit Center on the north to approximately ¼ mile south of Harmony Road, with a
total length of approximately five miles. The BRT system is proposed within an exclusive
guideway for 2.8 miles with the remaining 2.2 miles intermixed with street traffic on portions of
existing McClelland Drive and N. Mason Street. Along the entire length of the corridor, the BRT
system runs parallel to the existing Burlington Northern Santa Fe (BNSF) railroad tracks;
however, at varying locations, the BRT system is proposed within a combination of property
owned by the BNSF, City of Fort Collins, and Colorado State University. The BRT system is
located just west of and parallel to College Avenue (US 287).
The MAX project includes 12 stations and stop locations. Of the seven stations, six will consist
of center-loaded platforms stations and one will consist of split-platforms. Each of the five stop
locations will consist of two curb-side stops.
The Project scope includes the existing Downtown Transit Center (DTC), a new South Transit
Center (STC), and expansion of the Transfort maintenance facility. The existing DTC
improvements will include two new BRT bus bays with Intelligent Transportation Systems
(ITS), information kiosks and real-time passenger information. The STC will include parking, a
Kiss-N-Ride drop-off area, and access to the Mason Trail. The STC is designed to accommodate
additional local bus operations for existing and future routes, which will utilize eight of the 11
bus bays. The BRT system will use the remaining three bus bays.
The MAX project will include six park and ride locations totaling approximately 380 parking
spaces. Combined with existing parking at the Downtown Transit Center, the MAX project will
provide approximately 480 parking spaces for BRT system.
The 2.2 miles of intermixed operations of BRT and mixed-traffic will occur on segments of
McClelland Drive and N. Mason Street. Bus operations along N. Mason Street will require a
two-way conversion of N. Mason Street and Howes Street to allow mixed-traffic BRT operations
Downtown. The two-way conversion along Mason Street is from Maple Street south to
University Avenue. The BRT will also operate in mixed traffic between Horsetooth Road and
Drake Road on McClelland Drive.
The MAX project operating plan proposes 10-minute headways in the A.M. peak, mid-day and
P.M. peak periods, with 15-30 minute headways in the off-peak period. Service hours are
planned from 5:30 a.m. to 12:00 p.m. Monday through Saturday. Intersection enhancements,
16
including signalization priority where applicable, signal coordination, and safety enhancements
at railroad crossing locations are part of the project.
The revenue operations date for the project is May 31, 2014.
17
Attachment 1A
Vicinity Map
18
Attachment 1B
Project Map
19
Attachment 2
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Project Description
Narrative Description
The MAX Project (Project) consists of the design and construction of a five-mile (2.8 miles of
exclusive guideway and 2.2 miles of mixed-flow lanes). The Project is a north-south Bus Rapid
Transit (BRT) system, located in the central area of Fort Collins, Colorado, which will extend
from Maple Street adjacent to the existing Downtown Transit Center on the north to
approximately ¼ mile south of Harmony Road. This BRT system runs parallel to the existing
Burlington Northern Santa Fe (BNSF) railroad tracks and will be located within a combination of
property owned by the BNSF, City of Fort Collins, and Colorado State University.
Project Description by Standard Cost Category
The following provides a description of the Project as described by Standard Cost Category
(SCC). These SCCs are the basis for the Build Cost Estimate (BCE) and the Baseline Schedule,
which are contained in the Attachment 3 and Attachment 4, respectively.
SCC 10 - Guideway and Track Elements
This SCC encompasses all civil roadway construction along the alignment. It includes all
elements of the fixed guideway and mixed-traffic guideway improvements including:
procurement, installation and bridges. Guideway improvements include, but are not limited to,
the furnishing of new and existing roadway improvements including pavement (asphalt and
concrete), pedestrian crossings, curb and gutter, guardrails, and all construction materials, labor,
tools and supplies.
SCC 10 includes the following applicable subcategories:
• At-grade exclusive right-of-way: The Project includes 2.8 miles of exclusive guideway
from the South Transit Center to Horsetooth Road and from Drake Road to University
Avenue.
• At-grade semi-exclusive (allows cross-traffic): The Project includes intersection
improvements at Harmony Road, Horsetooth Road, Swallow Road, Drake Road, Prospect
Road, Pitkin Street, Lake Street and University Avenue.
• At-grade in mixed traffic: The Project includes roadway improvements for 2.2 miles of
existing roadways that will be utilized by the BRT system from Horsetooth to Drake and
from University Avenue to Maple Street. This section includes costs for existing
roadway improvements including curb and gutter, asphalt overlays and concrete
pavement.
20
• Aerial structure: The Project includes two bridge structures. One new structure allowing
the BRT to cross Mail Creek and an upgraded bridge structure at the Larimer Canal No. 2
(irrigation conveyance) to accommodate additional BRT traffic loads on McClelland
Drive.
• Retained cut or fill: Within the exclusive guideway portion of the project, there is
approximately 30,000 cubic yards of cut and fill, as well as 2,000 cubic yards of concrete
for retaining walls.
SCC 20 - Stations, Stops, Terminals, Intermodal
This SCC category encompasses the South Transit Center, Downtown Transit Center, and all
station and stop procurement and construction.
SCC 20 includes the following applicable subcategories:
• At-grade station, stop, shelter, mall, terminal, platform: The project includes platforms,
station structure, conduit installation, platform finishes, station canopies, required ramps
and railings, signage, and other elements for the construction of a BRT transit station and
stops at the following locations:
o Mountain Stop (2 Curb-side Stops)
o Olive Stop (2 Curb-side Stops)
o Mulberry Stop (2 Curb-side Stops)
o Laurel Stop (2 Curb-side Stops)
o University Station (Center-loaded Platforms)
o Prospect Station (Center-loaded Platforms)
o Bay Farm/NRRC Station (Split-platforms)
o Drake Station (Center-loaded Platforms)
o Swallow Stop (2 Curb-side Stops)
o Horsetooth Station (Center-loaded Platforms)
o Troutman Station (Center-loaded Platforms)
o Harmony Station (Center-loaded Platforms)
• Other stations, landings, terminals: Project includes a new South Transit Center as the
southern terminus for of the MAX BRT project:
o 11 Bus Bays
o Covered passenger waiting areas
o Customer service counter
o Public restrooms
• and improvements to the existing Downtown Transit Center, as follows:
o 2 Additional Bus Bays
o Covered passenger waiting areas
SCC 30 - Support Facilities: Yards, Shops and Administration Buildings
This SCC provides for the purchase and construction of all related items required to expand
Transfort’s existing Maintenance Facility to house and provide maintenance operations for the 6
21
new BRT buses. The improvements at the existing Maintenance Facility also include site
improvements for a BRT bus training area.
SCC 30 includes the following applicable subcategories:
• Light Maintenance Facility: Includes service, inspection, and storage facilities and
equipment.
SCC 40 - Site Work and Special Conditions
This SCC provides for the following applicable subcategories:
• Demolition, Clearing, Earthwork: Includes construction activities to allow guideway,
Station, Stop and South Transit Center construction.
• Site Utilities, Utility Relocation: Project includes but is not limited to storm water
drainage, sanitary sewer, water facility adjustments, and power.
• Hazardous material: A minor amount of hazardous material located at the PSCo Building
just north of Prospect has been identified and will need to be removed prior to demolition
to make way for a new Station.
• Environmental mitigation: Mitigation costs for replacing permanent and temporary
wetland areas as prescribed by the City of Fort Collins.
• Site structures including retaining walls, sound walls: There are multiple locations where
retaining walls are required to support the guideway. This section includes the
construction and procurement of materials to construct the proposed retaining walls.
• Pedestrian/bike access and accommodations, landscaping: Includes curb extensions and
pedestrian cross-walk improvements as well as landscaping for the BRT Stations and
Stops.
• Automobile, bus, van access-ways including roads, parking lots: Includes relocated or
modified ADA accessible ramps at the downtown intersections near Stop locations:
o Bay Farm/NRRC Station (10 Parking Spaces)
o Drake Station (80 Parking Spaces)
o Swallow Stop (60 Parking Spaces)
o Horsetooth Station (50 Parking Spaces)
o Troutman Station (20 Parking Spaces)
o South Transit Center (160 Parking Spaces)
• Temporary facilities and other indirect costs during construction: Project includes
Railroad Flagging Services, temporary shoring and traffic control.
22
SCC 50 - Systems
This SCC includes train controls and signals for railroad improvements to allow BRT traffic to
operate in railroad Right-of-Way as well as BRT and vehicular traffic signal modifications and
installations. This section also includes the necessary communication systems to allow for
passenger information on buses and at Stations, including the fare collection systems and support
equipment.
SCC 50 includes the following applicable subcategories:
• Train Controls and Signals.
• Traffic Signals and Crossing Protection.
• Communications: Includes passenger information systems at stations and on vehicles
(real time travel information; static maps and schedules). Includes equipment to allow
communications among vehicles and with central control.
• Fare Collection System and Equipment.
SCC 60 - ROW, Land, Existing Improvements
This SCC includes the purchase of temporary and permanent easements in addition to property
acquisition necessary for the BRT system. This includes the purchase of necessary real-estate
interests from 65 private property owners, Colorado State University and BNSF Railway
Company.
SCC 70 - Vehicles
This SCC includes the purchase of six new BRT articulated buses for use on the BRT System.
SCC 80 - Professional Services
This SCC encompasses the costs of all professional, technical and management services,
intergovernmental agreements and related costs during the preliminary engineering, final
engineering, construction and start-up phases of the Project.
• Final design includes the professional engineering, architectural design and management
services to complete all aspects of the design.
• Project management for design, construction, and construction administration and
management, which includes the cost of the City of Fort Collins staff and related
expenses, contracted project management, community relations and outreach, and other
contracted professional services required to manage the project.
• Construction administration and management for management oversight of construction
related activities which includes the cost of the City of Fort Collins staff and related
expenses, contracted construction management, and other contracted professional
services required for construction oversight of the project.
23
• Survey, testing, inspection includes survey by professional services contractor including
survey oversight from the City Surveyor, quality assurance and inspection by the City of
Fort Collins inspectors (supported by professional services) and quality control by
Construction Manger and City Support Staff as well as the General Contractor.
• Startup costs will include the inspection and testing of the overall BRT system including
initial training of Transfort personnel for BRT operations.
SCC 90 - Unallocated Contingency
This SCC represents the unallocated contingency for the project. It provides a funding source to
cover unknown but anticipated additional project execution costs and uncertainty due to risk
factors such as unresolved design issues, unanticipated site conditions, market fluctuations, and
change orders. This line item also is expected to cover unforeseen expenses as well as variances
between estimates and actual costs.
SCC 100 - Finance Charges
There are no anticipated finance charges for the Project at this time.
24
Attachment 3
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Baseline Cost Estimate
Table 1 - BCE by Standard Cost Category
Applicable Line Items Only YOE Dollars
Total
10 GUIDEWAY & TRACK ELEMENTS (route miles) 12,898,824
10.01 Guideway: At-grade exclusive right-of-way 5,351,454
10.02 Guideway: At-grade semi-exclusive (allows cross-traffic) 283,203
10.03 Guideway: At-grade in mixed traffic 3,354,870
10.04 Guideway: Aerial structure 592,549
10.08 Guideway: Retained cut or fill 3,316,748
20 STATIONS, STOPS, TERMINALS, INTERMODAL (number) 8,891,495
20.01 At-grade station, stop, shelter, mall, terminal, platform 3,831,958
20.04 Other stations, landings, terminals: Intermodal, ferry, trolley, etc. 5,059,537
30 SUPPORT FACILITIES: YARDS, SHOPS, ADMIN. BLDGS 3,223,073
30.02 Light Maintenance Facility 3,223,073
40 SITEWORK & SPECIAL CONDITIONS 15,037,009
40.01 Demolition, Clearing, Earthwork 1,639,312
40.02 Site Utilities, Utility Relocation 5,411,363
40.03 Haz. mat'l, contam'd soil removal/mitigation, ground water treatments 121,995
40.04 Environmental mitigation, e.g. wetlands, historic/archeologic, parks 121,995
40.05 Site structures including retaining walls, sound walls 237,455
40.06 Pedestrian / bike access and accommodation, landscaping 2,332,070
40.07 Automobile, bus, van accessways including roads, parking lots 412,823
40.08 Temporary Facilities and other indirect costs during construction 4,759,996
50 SYSTEMS 11,572,611
50.01 Train control and signals 3,458,880
50.02 Traffic signals and crossing protection 1,933,286
50.05 Communications 4,516,061
50.06 Fare collection system and equipment 1,664,384
Construction Subtotal (10 - 50) 51,623,012
25
Attachment 3 (Cont’d)
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Baseline Cost Estimate (Cont’d)
Table 1 - BCE by Standard Cost Category
Applicable Line Items Only YOE Dollars
Total
60 ROW, LAND, EXISTING IMPROVEMENTS 14,243,168
60.01 Purchase or lease of real estate 14,243,168
70 VEHICLES (number) 5,238,673
70.04 Bus 5,238,673
80 PROFESSIONAL SERVICES (applies to Cats. 10-50) 11,970,815
80.02 Final Design 4,156,108
80.03 Project Management for Design and Construction 1,465,126
80.04 Construction Administration & Management 3,174,790
80.05 Professional Liability and other Non-Construction Insurance 732,563
80.06 Legal; Permits; Review Fees by other agencies, cities, etc. 488,024
80.07 Surveys, Testing, Investigation, Inspection 1,221,641
80.08 Start up 732,563
Subtotal (10 - 80) 83,075,668
90 UNALLOCATED CONTINGENCY 3,758,180
Subtotal (10 - 90) 86,833,848
100 FINANCE CHARGES 0
Total Project Cost (10 - 100) 86,833,848
26
Attachment 3 (Cont’d)
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Project Budget
Table 2 - Inflated Cost to Year of Expenditure
Base Year
Dollars w/o
Contingency
Base Year
Dollars
Allocated
Contingency
Base Year
Dollars
TOTAL
Inflation
Factor
YOE Dollars
TOTAL
10 GUIDEWAY & TRACK ELEMENTS
(route miles) 10,574,000 1,268,000 11,842,000 1.0892 12,898,824
20 STATIONS, STOPS, TERMINALS,
INTERMODAL (number) 7,421,000 742,000 8,163,000 1.0892 8,891,495
30 SUPPORT FACILITIES: YARDS,
SHOPS, ADMIN. BLDGS 2,690,000 269,000 2,959,000 1.0892 3,223,073
40 SITEWORK & SPECIAL CONDITIONS 12,327,000 1,478,000 13,805,000 1.0892 15,037,009
50 SYSTEMS 9,702,000 971,000 10,673,000 1.0843 11,572,611
60 ROW, LAND, EXISTING
IMPROVEMENTS 11,586,000 2,317,000 13,903,000 1.0245 14,243,168
70 VEHICLES (number) 4,574,000 229,000 4,803,000 1.0907 5,238,673
80 PROFESSIONAL SERVICES (applies
to Cats. 10-50) 10,466,000 891,000 11,357,000 1.0540 11,970,815
90 UNALLOCATED CONTINGENCY 3,488,000 1.0775 3,758,180
100 FINANCE CHARGES 0 0.0000 0
Total Project Cost (10 - 100) 80,933,000 1.0721 86,833,848
27
Attachment 3 – Table 3
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Source of Funding
Table 3 - BCE by Source of Funding
Total Project
Cost in YOE
Dollars
Double Check
Total
Federal 5309
New Starts Federal Other Local
10 GUIDEWAY & TRACK ELEMENTS
(route miles) 12,898,824 12,898,824 10,319,059 0 2,579,765
20 STATIONS, STOPS, TERMINALS,
INTERMODAL (number) 8,891,495 8,891,495 7,113,196 0 1,778,299
30 SUPPORT FACILITIES: YARDS,
SHOPS, ADMIN. BLDGS 3,223,073 3,223,073 0 2,578,458 644,615
40 SITEWORK & SPECIAL CONDITIONS 15,037,009 15,037,009 12,029,607 0 3,007,402
50 SYSTEMS 11,572,611 11,572,611 7,945,378 1,312,710 2,314,523
60 ROW, LAND, EXISTING
IMPROVEMENTS 14,243,168 14,243,168 11,394,534 0 2,848,634
70 VEHICLES (number) 5,238,673 5,238,673 4,190,938 0 1,047,735
80 PROFESSIONAL SERVICES (applies
to Cats. 10-50) 11,970,815 11,970,815 9,576,652 0 2,394,163
90 UNALLOCATED CONTINGENCY 3,758,180 3,758,180 3,006,544 0 751,636
100 FINANCE CHARGES 0 0 0 0 0
Total Project Cost (10 - 100) 86,833,848 86,833,848 65,575,908 3,891,168 17,366,772
28
Attachment 3 – Table 3 (Cont’d)
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Source of Funding (Cont’d)
Sources of Federal Funding and Matching Share Ratios
Costs
Attributed to
Source of
Funds
Federal/
Local
Matching
Ratio within
Source
All
Federal
Funds
Local Funds
Federal 5309 New Starts 81,969,887 80% / 20% 65,575,908 16,393,979
Federal Other (5309) 4,863,961 80% / 20% 3,891,168 972,793
Total 86,833,848 69,467,076 17,366,772
Overall Federal Share of Project 80.00%
New Starts Share of Project 75.52%
29
Attachment 3 – Table 3a
City of Fort Collins
Fort Collins, Colorado
Mason Corridor Bus Rapid Transit Project (MAX)
Source of Funding
Scope and Activity Description
Scope
Code
ALI
Code Scope and Activity Line Item Descriptions Qty Federal 5309 New Starts Federal Other Project Totals
Check Total
Project Cost in
YOE Dollars
Total
Federal
%
Federal Local Total Federal Local Total Federal Local Total
14010 140110 GUIDEWAY & TRACK ELEMENTS 3.83 80% 10,319,059 2,579,765 12,898,824 0 0 0 10,319,059 2,579,765 12,898,824 12,898,824
14020 140220 STATIONS, STOPS, TERMINALS,
INTERMODAL 19 80% 7,113,196 1,778,299 8,891,495 0 0 0 7,113,196 1,778,299 8,891,495 8,891,495
14030 140330 SUPPORT FACILITIES, YARDS, SHOPS,
ADMIN. BLDGS. 80% 0 0 0 2,578,458 644,615 3,223,073 2,578,458 644,615 3,223,073 3,223,073
14040 140440 SITEWORK & SPECIAL CONDITIONS 80% 12,029,607 3,007,402 15,037,009 0 0 0 12,029,607 3,007,402 15,037,009 15,037,009
14050 140550 SYSTEMS 80% 7,945,378 1,986,345 9,931,723 1,312,710 328,178 1,640,888 9,258,088 2,314,523 11,572,611 11,572,611
14060 140660 ROW, LAND, EXISTING IMPROVEMENTS 80% 11,394,534 2,848,634 14,243,168 0 0 0 11,394,534 2,848,634 14,243,168 14,243,168
14070 VEHICLES 6 80% 4,190,938 1,047,735 5,238,673 0 0 0 4,190,938 1,047,735 5,238,673 5,238,673
13.13.20 Light Rail Cars 0
13.__.__
14080 140880 PROFESSIONAL SERVICES 80% 9,576,652 2,394,163 11,970,815 0 0 0 9,576,652 2,394,163 11,970,815 11,970,815
14090 140990 UNALLOCATED CONTINGENCY 80% 3,006,544 751,636 3,758,180 0 0 0 3,006,544 751,636 3,758,180 3,758,180
14100 141010 FINANCE CHARGES 0% 0 0 0 0 0 0 0 0 0 0
Total Project Cost (10 - 100) 80% 65,575,908 16,393,979 81,969,887 3,891,168 972,793 4,863,961 69,467,076 17,366,772 86,833,848 86,833,848
30
Attachment 4
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Baseline Schedule
31
Attachment 5
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Prior Grants and Related Documents
I. Prior Grants (Not Included in the PCGA)
The table below reflects the prior grants receive by the City of Fort Collins – Mason Corridor
Bus Rapid Transit Project (MAX).
II. Related Documents
1. Project Development Approval, Mason Street BRT Project - November 20, 2007
2. Environmental Assessment - May 31, 2008
3. Finding of No Significant Impact (FONSI) - September 9, 2008
4. Letter of No Prejudice (Mason-Howes Two-Way Conversion) – April 14, 2009
4. Project Final Design Approval, Mason Street BRT Project - August 17, 2009
5. Letter of No Prejudice (Mason-Howes BNSF Safety Improvements) - May 24, 2010
6. Environmental Re-Evaluation - December 15, 2010
7. FTA Concurrence and Approval, MAX BRT Re-evaluation - December 21, 2010
III. PCGA Grant History
(Grants under PCGA)
Project No.
Obligation
Date Federal Amount
Funding
Source Purpose
CO-03-0206-00 8/17/2009 $11,070,180.00
– Small
Starts
Preliminary
and Final
Engineering
32
Attachment 6
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Schedule of Federal Funds
Section 201(o) of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244; 122
Stat. 1572; June 6, 2008) authorizes FTA to award Federal capital new starts funds for
construction of the Mason Corridor Bus Rapid Transit Project (MAX) [the “Project”] in the City
of Fort Collins, Colorado. In accordance with the Federal Transit Law, 49 U.S. C. Chapter 53
and FTA Circular 5200.1A, Full Funding Grant Agreements Guidance (December 5, 2002), by
the execution of this Agreement the Government is limiting its commitment to provide funding
for the Project to those funds that have been or may be appropriated under SAFETEA-LU and
subsequent authorizations. The Government and the Grantee recognize, moreover, that the period
of the time necessary to complete the Project may extend beyond the expiration of SAFETEA-
LU, as evidenced by Attachment 4 to the Agreement (Baseline Schedule).
Currently, the Government and the Grantee anticipate that the Federal capital small starts funds
will be provided for the Project as follows:
Mason Corridor Bus Rapid Transit Project (MAX)
Proposed Schedule of Federal Funds
Fiscal
Year
Section 5309 Small
Starts Funds
Other
Federal
Funds Local Funds Total
2011
and
prior $65,575,908 $3,891,168 $17,366,772 $86,833,848
Total $65,575,908 $3,891,168 $17,366,772 $86,833,848
33
Attachment 7
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
Measures to Mitigate Environmental Impacts
The environmental record for the Project includes the following documents:
1. Environmental Assessment - May 31, 2008
2. Finding of No Significant Impact (FONSI) - September 9, 2008
3. Environmental Re-Evaluation - December 21, 2010
4. FTA Concurrence and Approval, MAX BRT Re-evaluation - December 21, 2010
The mitigation measures and other Project features that reduce the adverse environmental and
community impacts, to which the City of Fort Collins committed in the environmental record,
must be implemented under this Project Construction Grant Agreement (PCGA). Such
mitigation measures may not be eliminated from the Project or altered except by FTA’s written
consent and in accordance with applicable laws and regulations (23 CFR 771.130). These
mitigation measures include, but are not limited to, any commitment in the environmental record
to perform further consultation with an agency or community on environmental or related
matters.
A summary of committed mitigation measures for the Project is contained in Table 1 –
Mitigation Measures of FTA’s September 9, 2008 Finding of No Significant Impact (FONSI)
and FTA’s December 21, 2010 Re-Evaluation Concurrence and Approval Letter as part of the
Project’s environmental record. The City of Fort Collins shall periodically revise this list to add
any measures resulting from required consultations, permit approvals, and FTA-approved
changes and to update the implementation status of the measures.
To ensure that all mitigation commitments in the environmental record are fulfilled during final
design and construction, the City of Fort Collins shall establish within the Project Management
Plan a process for: (a) assigning responsibility for each mitigation commitment to a contract or
to a City of Fort Collins official; and (b) monitoring the status of the implementation of each
mitigation commitment. The City of Fort Collins will report periodically to FTA during
quarterly review meetings the status of implementation of these mitigation commitments.
34
Attachment 8
City of Fort Collins
Mason Corridor Bus Rapid Transit Project (MAX)
Fort Collins, Colorado
“Before and After” Study Plan
The City of Fort Collins will assemble information and conduct analyses to identify the
actual performance of the Mason Corridor Bus Rapid Transit Project (MAX) in terms of
its costs and impacts, evaluate the reliability of technical methods used during the
planning and development of the Project, and identify potentially useful improvements to
those methods. Specifically, the plan will address the following requirements:
I. Required Information
The City of Fort Collins will assemble information on five key characteristics of the
Project and its associated transit services:
a) Project scope: Changes to the physical components of the Project, including
environmental mitigation and other related information, from early planning phases to
Project implementation;
b) Service levels: The operating service characteristics of the fixed guideway, feeder bus
services, and other bus services in the corridor taken from travel forecasting model
assumptions, before Project construction and/or implementation, and two years
following the beginning of revenue service;
c) Capital costs: Final costs of the project and cost estimates from the Project
Development and Construction Management Grant Agreement phases;
d) Operation and maintenance costs: Actual operation and maintenance costs for the
Project for the first full year of revenue service, and O&M cost estimates from early
planning and project development stages; and
e) Ridership patterns: Trip patterns, trip purposes, modes of access, transfer rates, transit
rider profile, and other related information taken before, and two years after, the
beginning of revenue service.
II. Milestones
The City of Fort Collins will assemble those data items that are available at three key
milestones in the development and operation of the Project.
35
a) Predictions: Project information available in environmental or other project or agency
documents will be reviewed. Published predictive information will be summarized.
b) Before conditions: Transit service levels and characteristic, operating and
maintenance costs, and ridership patterns immediately prior to any significant
changes in transit service levels caused by either the construction or opening of the
Project will be measured.
c) After conditions: Project data collected two years following the beginning of revenue
service will be analyzed in relation to the “before” transit conditions in the Project
area and predicted information from various phases of the Project’s planning and
development.
III. Performance
The City of Fort Collins will maintain communication with FTA and its contractors
on progress in implementing the Plan and provide opportunities for early review and
comment on draft products. The City of Fort Collins must obtain approval in advance
of any changes in the scope or schedule for the Before-and-After Study as defined in
the FTA-approved Plan.
.
36
ATTACHMENT 3
ATTACHMENT 4
1
1
2
Mason Corridor MAX Bus
Rapid Transit Project
City Council Action Items
February 7, 2012
ATTACHMENT 5
2
3
Mason Corridor
4
Mason Corridor MAX Bus
Rapid Transit Project
• Resolution authorizes execution of PCGA
(Project Construction Grant Agreement)
between the City and FTA (Federal Transit
Administration)
• Ordinance appropriates remaining funding
for MAX (first reading)
3
5
Mason Corridor MAX Bus
Rapid Transit Project
• Previous appropriations
– $54,622,000 FTA
– $17,366,772 Local Match
• Proposed appropriation
– $14,845,076 FTA
• Total project funding for MAX
– $86,833,848 FTA and Local Match
6
Project Update
MAX BRT Construction – Pre-Award
Activities
– Light and Power Duct Bank Relocation
• Drake to Prospect
– Tree transplanting
• February through April 2012
– Two-Way conversion of Mason Street
Downtown
4
7
Two-Way Conversion
• Phased Construction
– Conduit installation completed – fall
2011
– Railroad and traffic signal facilities-
spring and summer 2012
– Railroad reconstruction with a seven-
day closure in late July
• Two-way vehicle traffic begins in August
2012
8
Project Update
•Next Steps
– Bid Construction
Contract –
March 2012
– Finalize PCGA –
April 2012
– Public Outreach
5
9
Proposed Art Outreach
10
Stay Connected
fcgov.com/mason
– Request a
presentation to
groups
– Sign up for e-
newsletter
–FAQ’s
RESOLUTION 2012-005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
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
WHEREAS, in 2009, the Federal Transit Administration (“FTA”) approved Small Starts
funding to construct the MAX Bus Rapid Transit (BRT) Project (the “Project”); and
WHEREAS, the construction of the Project was included in the National and Environmental
Policy Act (“NEPA”) environmental assessment for the BRT: and
WHEREAS, on September 9, 2008, the FTA declared a Finding of No Significant Impact
(“FONSI”) regarding the construction and operation of the Project which FONSI was affirmed on
December 21, 2010, following authorization of certain changes in the final design; and
WHEREAS, following significant public outreach and upon the favorable recommendation
of the Transportation Board, the City Council has determined that the Project is in the best interests
of the City; and
WHEREAS, the implementation of the Project is an essential step in achieving the Transfort
Transit System vision by removing bus traffic from College Avenue and creating an exclusive
guideway which will provide the backbone for future transit system needs along the City’s
north/south spine; and
WHEREAS, the Construction Grant Agreement for the Project between the FTA and the City
provides and allows for the construction and acquisition of the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute a Project Construction Grant Agreement
between the City and the FTA for the construction of the Mason Corridor (MAX) Bus Rapid Transit
Project upon condition of the passage of Ordinance No. 008, 2012, appropriating funds for the
Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of February, A.D. 2012.
Mayor
ATTEST:
City Clerk
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 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.
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
1
1
Three Proposed Ordinances
Related to the
Medical Marijuana Ban
City Council Meeting
February 7, 2012
Agenda Item 17
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 1
2
3
Background
Voters approved a measure banning all medical
marijuana related businesses in Fort Collins.
All businesses must cease operations by February 14,
2012.
Ordinances address changes necessary due to the ban.
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. 011, 2012
Clarifies and adds State regulations specific to
primary caregivers and their patients and the
release of liability for the City of Fort Collins.
4
7
Proposed Ordinances
Bring consistency to both the Municipal Code and the
Land Use Code as the City moves forward in enacting a
ban on medical marijuana related businesses.
Including primary caregiver and medical marijuana
patient provisions allows for more effective local
enforcement.
8
Discussion
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
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;.
(5) Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility;
Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as
follows:
2
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:
. . .
(h) medical marijuana businesses ("MMBs"), as defined in Section 15-451
of the City Code, except that those MMBs that were issued a home
occupation license by the City prior to December 11, 2009, may
continue to operate as an office use for two (2) years from the date of
issuance of such license; provided that no medical marijuana in any
form is kept on the premises of such business and there is no
cultivation of marijuana plants on such premises upon the expiration of
ten (10) calendar days after the date that any of the following events
occurs: (i) the owner of the MMB fails to apply, on or before June 30,
2010, for a MMB license as required by Section 15-452 of the City
Code and Section 4 of Ordinance No. 025, 2010; (ii) such an
application is timely filed and is denied by the City; or (iii) such an
application is timely filed and a provisional MMB license is issued by
the City pursuant to Section 7 of Ordinance No. 025, 2010.
Section 3. That the table contained in Section 4.16(B)(2(C) of the Land Use Code is
hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
C. COMMERCIAL
. . .
Medical marijuana centers BDR BDR BDR
. . .
Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
3
2. Medical marijuana-infused product manufacturers.
Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to
read as follows:
(B) Permitted Uses.
. . .
4
C. COMMERCIAL/RETAIL
. . .
Medical marijuana centers Not permitted BDR
. . .
Section 9. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 10. That Section 4.24(B)D of the Land Use Code is hereby amended to read as
follows:
(B) Permitted Uses.
. . .
D. INDUSTRIAL Riverside Area All Other Areas
. . .
Medical marijuana optional premises cultivation operations Not permitted BDR
Medical marijuana-infused product manufacturers Not permitted BDR
Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Industrial Uses:
5
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
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 as follows:
Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3,
C.R.S., to operate a business as directed in Section 12-43-402, C.R.S., that sells medical
marijuana to registered patients or primary caregivers as defined in Section 14 of Article
XVIII of the State Constitution, but is not a primary caregiver.
Medical marijuana-infused products manufacturer shall mean a person licensed pursuant
to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-
403, C.R.S.
Medical marijuana optional premises cultivation operation shall mean a person licensed
pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section
12-43.3-404, C.R.S.
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
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, requires 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, 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.
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:
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.
(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) 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.
-2-
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
-3-
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
1
1
SETTING THE SALARY OF THE:
MUNICIPAL JUDGE
CITY ATTORNEY
CITY MANAGER
2012
2
CITY’’S CITY S PAY PHILOSOPHY
• The City’s philosophy is to provide a program that
will be competitive in attracting and retaining
quality employees needed to execute the City’s
vision and mission
• Average actual salaries paid in other public and
private organizations are targeted as the basis for
setting the pay range midpoints
• The goal is to pay employees, on average, at or
slightly above market based on performance
ATTACHMENT 1
2
3
COUNCIL EMPLOYEE REVIEW AND
PAY PROCESS
• Mid-year review
• Formal annual review with final comments and
ratings per Resolution 2006-124
• Market data gathered from National and Colorado
Front Range organizations and supplied to
Council
– Municipal Judge – 2.57% behind market
– City Attorney – 3.32% behind market
– City Manager – 8.50% behind market
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 $ , effective January 9, 2012, so that
the total compensation paid to the Municipal Judge in 2012 will be in the amount of $ .
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-three thousand forty-five dollars
($93,045 ) 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 $_________.
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 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.
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 $_________ effective January 9, 2012, so that the total compensation
paid to the City Attorney in 2012 will be in the amount of $___________.
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-one
thousand six hundred fifty dollars ______________($161,650.______) 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 $_________.
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 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.
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 $ effective January 9, 2012, so that the total
compensation paid to the City Manager in 2012 will be in the amount of $ .
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
thousand five hundred seventy-one dollars
($190,571 .) 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 $____________.
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 7, 2012
STAFF: Steve Roy
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 22a
SUBJECT
Motion Regarding Ethics Complaint filed by David Bell Against Gino Campana.
EXECUTIVE SUMMARY
On January 13, 2012, Mr. David Bell filed a written complaint with the City questioning the propriety of Gino Campana’s
participation as a member of the Planning and Zoning Board in discussions pertaining to a proposed Land Use Code
change regarding buffer zones along rivers. Mr. Bell alleges that Mr. Campana should have recused himself since
he is a land developer, and was negotiating the purchase of land for a development along the Poudre River.
Section 2-569(d)(1) provides that:
(d) Complaints and inquiries shall be submitted to the Review Board only according to the following
procedures:
(1) Complaints.
a. Any person who believes that a Councilmember or board and commission member
has violated any provision of state law or the Charter or Code pertaining to ethical
conduct may file a complaint with the Mayor, who shall immediately notify the
chairperson of the Review Board. The complaint shall be placed on the agenda for
the next special or regular City Council meeting for review and possible action by the
City Council.
b. Upon receipt of any such complaint, the City Council shall decide by majority vote
whether to submit the complaint to the Review Board for an advisory opinion as to
whether the violation alleged in the complaint has occurred and, if so, the action, if
any, that should be taken with regard to such violation. In the event that such
complaint is not submitted to the Review Board, the City Council may decide what,
if any, other action pertaining to the same is appropriate.
. . .
The Council’s decision as to whether to refer the complaint to the Ethics Review Board must be made by a majority
vote, but does not require a resolution and may be decided by motion. If the Council decides to refer the matter to the
Ethics Review Board, then the Board will convene at a later date and conduct its review and investigation in
accordance with Section 2-569. If the Council decides not to submit the matter to the Ethics Review Board, it still may
(but is not required to) decide what, if any, other action pertaining to the complaint is appropriate. For example, the
Council could:
• take no action;
• direct the Council liaison to the Planning and Zoning Board to discuss the issue with the Planning and
Zoning Board;
• send a letter from the Council to the Planning and Zoning Board reminding its members to confer with the
City Attorney’s Office regarding any potential conflicts of interest;
• request the City Attorney’s Office to conduct a workshop with the Board to discuss the conflict of interest
provisions applicable to Board members; or
• take any other action that the Council thinks is appropriate.
ATTACHMENTS
1. Compliant filed by David Bell
2. City Code Section 2-569