HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/05/2016 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Gino Campana, District 3
Kristin Stephens, District 4 Cablecast on City Cable Channel 14
Ross Cunniff, District 5 on the Comcast cable system
Carrie Daggett Darin Atteberry Wanda Winkelmann
City Attorney City Manager 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. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
January 5, 2016
(revised 1/4/16)
Proclamations and Presentations
5:30 p.m.
None.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
City of Fort Collins Page 2
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.
o Council-pulled Consent Calendar items will be considered before Discussion
Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion
Items.
CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
The presiding officer will determine and announce the length of time allowed for each speaker.
Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent 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. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
1. Consideration and Approval of the Minutes of the December 15, 2015 Regular Council Meeting.
The purpose of this item is to approve the minutes from the December 15, 2015 Regular Council
meeting.
City of Fort Collins Page 3
2. Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on
Maxwell Natural Area to the Board of Governors of the Colorado State University System.
This Ordinance unanimously adopted on First Reading on November 17, 2015, authorizes
conveyance of a ten-year renewable easement to Colorado State University on Maxwell Natural
Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural Area. The
Natural Areas Department proposed that the City grant a permanent easement to the Board of
Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The easement
will also enable CSU and its students to carry out two other group activities that currently require
annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural
Area and no additional impacts are anticipated. No other access rights are to be conveyed.
On First Reading, Council amended the Ordinance to authorize the City to enter into a ten-year
easement agreement with CSU that will automatically renew for successive ten-year terms unless
either party elects to terminate the easement after notice to the other party. Second Reading was
postponed to January 5, 2016 after CSU raised concerns regarding the easement terms. Those
issues have since been resolved and CSU is willing to accept the language as approved by City
Council on First Reading. Following First Reading minor edits were made to the Ordinance by the
City Attorney’s Office to improve the clarity of the Ordinance language. Those edits are shown in the
Second Reading Ordinance.
3. Items Relating to the Lodgepole Investments LLC Annexation and Zoning.
A. Second Reading of Ordinance No. 163, 2015, Annexing Property Known as the Lodgepole
Investments LLC Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Lodgepole Investments
LLC Annexation to the City of Fort Collins.
These Ordinances, unanimously adopted on First Reading on December 15, 2015, annex and zone
39.7 acres platted and approved in Larimer County as Fossil Creek Farm M.L.D., Tracts A and B.
There are two tracts of land included in this annexation, located southwest of the intersection of I-25
and State Highway 392. The requested zoning for this annexation is G-C, General Commercial
(10.0 acres) on Tracts A and (29.77 acres) on Tract B. The property is located within the Fossil
Creek Reservoir Area Plan boundary.
4. Second Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Lincoln Corridor
Improvements Project – Phase I.
This Ordinance, unanimously adopted on First Reading on December 15, 2015,authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct
improvements to Lincoln Avenue between the Poudre River Bridge and Lemay Avenue. Lincoln
Corridor Improvements Project - Phase I will construct road and intersection improvements,
multimodal enhancements, utility improvements, and access control improvements in accordance
with the Lincoln Corridor Plan. The project is planned to begin construction in the summer of 2016
and be completed in 2017. To construct these improvements, the City will need to acquire certain
property interests adjacent to the project area. The acquisitions include right-of-way, permanent
easements, and temporary easements from eleven property owners. Timely acquisition of the
property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in
good faith with the affected owners and is optimistic that all property negotiations can be completed
prior to the start of the Project. Staff is requesting authorization of eminent domain for all property
acquisitions for the Project only if such action is deemed necessary.
City of Fort Collins Page 4
5. Second Reading of Ordinance No. 166, 2015, Adopting Updates to the Larimer County Urban Area
Street Standards.
This Ordinance, unanimously adopted on First Reading on December 15, 2015, updates the Larimer
County Urban Area Street Standards (LCUASS). These updates include both technical/text updates,
and correction of inconsistencies identified by staff since the last major update, as well as updates to
the street cross-sections implementing recommendations from the 2014 Bicycle Master Plan.
Additionally language was added aligning the City's policy towards "complete streets", as identified in
City Plan and the Transportation Master Plan. This item corresponds to Strategic Plan Objectives;
Safe Community 5.6 and Transportation 6.1, 6.3, 6.4. Once the City approves these updates the
changes must also be approved by City of Loveland and Larimer County before they are
incorporated into LCUASS, as these are a shared set of standards between the three jurisdictions.
6. First Reading of Ordinance No, 001, 2016, Appropriating Revenue in the Community Capital
Improvement Fund for Initiation of the Various 2016 Approved Projects, Transferring a Portion of that
Appropriation to the Capital Projects Fund and a Portion thereof to the Cultural Services and
Facilities Fund for the Art in Public Places Program Contribution Associated with the 2016 Approved
Projects.
The purpose of this item is to appropriate $6,980,000 of Community Improvement Program funding
for 2016 to initiate ten projects and programs identified as those of the highest priority during
community outreach and guidance provided by City Council, and to transfer a portion of these
appropriated funds to the Capital Projects Fund from which a portion will also be then transferred to
the APP program.
7. First Reading of Ordinance No. 002, 2016, Appropriating Unanticipated Grant Revenue from the
Congestion Mitigation and Air Quality Grant for the Extension of FLEX Regional Route Service and
Authorizing Execution of Implementing Intergovernmental Agreements by the City Manager.
The purpose of this item is to request a 2016 appropriation in the amount of $475,000 to facilitate
additional service for the FLEX regional transit route. This additional service is being fully funded
through a Congestion Mitigation and Air Quality (CMAQ) grant that was awarded to Boulder County
for the extension of FLEX services to Boulder. Staff is not requesting any additional City funding
because the local match is being provided by existing Transportation Management Association
(TMA) partner contributions and by the City of Boulder. The additional service is set to begin in
January 2016 under a three-year pilot program. Transfort is acting in the capacity of pass-through
recipient of the CMAQ funding and will request from Council further appropriations for 2017 and
2018 service in the 2016 Budgeting for Outcomes (BFO) process. These further appropriations will
again be fully funded with external revenue.
8. First Reading of Ordinance No. 003, 2016, Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Police Services Victim Services Unit.
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family
members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month
grant in the amount of $37,000 for the period from January 1, 2016 to December 31, 2016, by the
Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services
provided by this team. These funds will be used for part of the salary for the victim advocate who
provides crisis intervention services during weekday hours and is housed in the Victim Services
office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour
a day, 7-day a week services to victims of crime in the community.
City of Fort Collins Page 5
9. Items Relating to Underage Possession and Consumption of Alcohol and Marijuana Offenses and
Consistency with State Law.
A. First Reading of Ordinance No. 004, 2016, Amending Chapter 17 of the Code of the City of Fort
Collins to Establish an Offense for Underage Possession or Consumption of Ethyl Alcohol.
The purpose of this item is to create a municipal misdemeanor offense that mirrors the state law on
underage possession and consumption of alcohol.
B. First Reading of Ordinance No. 005, 2016, Amending Chapter 17 of the Code of the City of Fort
Collins to Bring the Existing Underage Code Offenses for Possession or Consumption of
Marijuana into Conformity with State Law.
The purpose of this item is to bring the current underage possession and consumption of marijuana
municipal misdemeanor offenses into conformity with state law.
10. Items Relating to Revisions of Certain Detention and Development Policies in the Fort Collins
Stormwater Criteria Manual.
A. First Reading of Ordinance No. 006, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins and the Fort Collins Stormwater Criteria Manual to Modify the Criteria for Underground
Detention Systems.
B. First Reading of Ordinance No. 007, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins and the Fort Collins Stormwater Criteria Manual to Modify Provisions Implementing Low
Impact Development Principles.
The purpose of this item is to formally adopt two updates to the Stormwater Criteria Manual.
Ordinance No. 006, 2016, updates the criteria that govern when, where, and to what extent it is
appropriate to design and construct underground stormwater detention systems in the City of Fort
Collins. Ordinance No.007, 2016, updates the current Low Impact Development (LID) criteria. The
two policies are consistent with sustainability goals for the City of Fort Collins which center on three
themes: innovate, sustain and connect. The adoption of these updated policies will allow for more
efficient use of space, thus allowing the City to meet its sustainability goals, provide innovative
design flexibility for new development that will enhance community affordability and livability, and
allow a more compact development pattern in Fort Collins enhancing connectivity and reducing
sprawl.
11. First Reading of Ordinance No. 008, 2016, Authorizing the Release of a Covenant on the Murphy
Center Property.
The purpose of this item is to release a covenant that is no longer needed following the loan payoff
and Release of Deed of Trust for the Community Development Block Grant (CDBG) Public Facility
project regarding the Sister Mary Alice Murphy Center for Hope.
12. First Reading of Ordinance No. 009, 2016, Declaring Certain City-Owned Property on Running Deer
Natural Area as Road Right-of-Way.
The purpose of this item is to declare a strip of property owned by the City as road right-of-way. The
right-of-way will be used for the construction of a new Boxelder bridge, stormwater improvements,
and in the future for the ultimate 4-lane configuration of East Prospect Road. The City owns parcels
of property located at the southwest corner of East Prospect Road and Southwest Frontage Road.
The parcels are part of Running Deer Natural Area. The City of Fort Collins Utilities and Engineering
Departments are working in tandem on two stormwater improvement projects in the area that are
intended to eliminate the overtopping of Prospect Road during large flood events in Boxelder Creek
and to facilitate the eventual widening of Prospect Road to the ultimate 4-lane configuration.
Construction on the stormwater and Boxelder bridge improvements are anticipated to begin in spring
City of Fort Collins Page 6
2016 and will be completed late summer 2016. This Ordinance officially establishes the portion
needed for Prospect Road on the City’s property as public road right-of-way.
13. Resolution 2016-001 Adopting the City Fort Collins General Employees’ Retirement Plan as
Amended and Restated Effective January 1, 2016.
The purpose of this item is to consolidate two amendments, one made in October 2012 and the other
in February 2013, to the 2012 Restated General Employees’ Retirement Plan (the Plan) into a newly
restated Plan, effective January 1, 2016.
14. Resolution 2016-002 Making Appointments to Various Boards, Commissions and Authorities of the
City of Fort Collins.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Applications were solicited during
September and October. Council teams interviewed applicants in December. This Resolution
appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS-POSTPONED
A. Light and Power Reliability Update (staff: Tim McCollough, Chris Parton, Kevin Gertig; 10 minute
presentation)
Staff will provide an overview of the Utilities Light and Power Operations reliability improvement
efforts, opportunities, and accomplishments.
COUNCILMEMBER REPORTS
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
City of Fort Collins Page 7
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 (three 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.
15. First Reading of Ordinance No. 010, 2016, Amending Section 15-620 of the Code of the City of Fort
Collins Relating to Retail Marijuana Establishments' Hours of Operation. (staff: Ginny Sawyer: 2
minute staff presentation; 10 minute discussion)
The purpose of this item is to change the allowable operating hours of retail marijuana businesses
from 8:00 a.m. to 7:00 p.m. to 8:00 a.m. to 8:00 p.m.
16. First Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of Fort
Collins Regarding Landmark Preservation. (staff: Karen McWilliams; 10 minute staff presentation;
15 minute discussion)
The purpose of this item is to present to Council proposed changes to the landmark designation
procedure set forth in Article II, Chapter 14, of the City Code to make the landmark designation
process more efficient in cases where a property owner does not consent.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
ADJOURNMENT
A. Council will consider a motion to adjourn to 6:00 p.m., Tuesday, January 12, 2016.
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 the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Wanda Winkelmann, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 15, 2015 Regular Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the December 15, 2015 Regular Council meeting.
ATTACHMENTS
1. December 15, 2015 (PDF)
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City of Fort Collins Page 303
December 15, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Winkelmann
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted Item No. 12, Items Relating to the Lodgepole Investments LLC
Annexation and Zoning, is a public hearing.
CITIZEN PARTICIPATION
Thomas Edwards discussed the increase in Transfort ridership over bicycling and stated safe
cycling needs to be more of a priority for the City.
CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak noted CSU students have been a consistent funding source for Transfort
and stated it is a good option for students particularly on days with bad weather. The number of
citizens using bicycles in the community is increasing.
CONSENT CALENDAR
Mayor Troxell opened the public hearing for Item No 12, Items Relating to the Lodgepole
Investments LLC Annexation and Zoning.
Eric Sutherland withdrew Item Nos. 10, Second Reading of Ordinance No. 161, 2015, Amending
Section 2-581 of the Code of the City of Fort Collins and Setting the Compensation of the City
Attorney, 11, Second Reading of Ordinance No. 162, 2015, Amending Section 2-596 of the Code
of the City of Fort Collins and Setting the Compensation of the City Manager, 16, Resolution
2015-111 Approving an Art Project for the Utilities Administration Building and Approving
Expenditures from the Electric Utility Account to Commission an Artist to Create the Art Project
Pursuant to the Art in Public Places Program, 17, Resolution 2015-112 Supporting the
Improvement of Interstate 25 (I-25) as Proposed by the I-25 Coalition, and 22, Resolution 2015-
117 Extending by One Year the Work-Completion Deadline Established in Resolution 2014-005
Regarding Cooperation and a Partnership with Larimer County on the Use of Tax Increment
Financing, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
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Attachment: December 15, 2015 (3959 : Minutes-12/15)
December 15, 2015
City of Fort Collins Page 304
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the November 3, November 17 and December 1
Regular Council Meetings and the November 10, 2015 Adjourned Meeting. (Adopted)
The purpose of this item is to approve the minutes from the November 3, November 17 and
December 1, 2015 Regular Council meetings and the November 10, 2015 Adjourned Council
meeting.
2. Postponement of Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance
of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State
University System to January 5, 2016. (Adopted)
Staff requests postponement of Second Reading of Ordinance No. 149, 2015 until January 5, 2016,
so that Colorado State University staff can provide information on the University’s concerns
regarding termination language in the revised ordinance approved on First Reading on November
17, 2015.
3. Items Relating to Locker Renovations at Edora Pool Ice Center (EPIC) and an
Intergovernmental Agreement with CSU Department of Campus Recreation (Adopted)
A. Second Reading of Ordinance No. 150, 2015, Appropriating Unanticipated Revenue for Locker
Renovation at EPIC.
B. Resolution 2015-103 Authorizing an Intergovernmental Agreement with Colorado State
University Regarding the Construction of a Locker Room at the EPIC Ice Arena.
Ordinance No. 153, 2015, unanimously adopted on First Reading on December 1, 2015,
appropriates $57,012 for the construction cost of a locker room at EPIC. The funding for the locker
room construction was raised by the CSU club hockey team. Resolution 2015-103 provides an
intergovernmental agreement (IGA) between the City of Fort Collins and Colorado State University
(CSU) Department of Campus Recreation. The IGA provides for a renewable 10-year agreement to
provide a dedicated locker room for the hockey team. Because CSU is funding the improvements,
staff has proposed waiving certain maintenance costs for the new EPIC locker room during the initial
term of the IGA. However, it is expected that the University will continue to pay all standard rental
and user fees associated with reservation and use of ice time at EPIC.
4. Second Reading of Ordinance No. 152, 2015, Appropriating Prior Year Reserves in the Street
Oversizing Fund for the Reimbursement of the Construction of Roadway Improvements.
(Adopted)
This Ordinance, unanimously adopted on First Reading on December 1, 2015, appropriates
$1,250,000 from the Street Oversizing Fund Prior Year Reserves to cover anticipated
reimbursements for the construction by developers of oversized portions of arterial and collector
roadway improvements for 2015.
5. Second Reading of Ordinance No. 153, 2015, Adopting the 2016 Classified Employees Pay
Plan. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 1, 2015, changes the City's
Classified Employee Pay Plan based on results of the annual market analysis. The City of Fort
Collins utilizes a common compensation methodology to assess jobs, combine them into
occupational groups and establish pay range structures. The result of this work is a Classified
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Attachment: December 15, 2015 (3959 : Minutes-12/15)
December 15, 2015
City of Fort Collins Page 305
Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges within each
occupational group. A detailed analysis of benchmark data is conducted each year to determine if
the market is moving sufficiently to recommend structure adjustments. Actual employee pay
increases are awarded through a separate administrative process in accordance with the budgeted
amount approved by Council.
6. Second Reading of Ordinance No. 154, 2015, Adopting the 2015 Larimer County
Transportation Capital Expansion Fee Schedule. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 1, 2015, adopts the 2015
Larimer County Transportation Capital Expansion Fee Schedule (Regional Road Fee) as determined
by the Intergovernmental Agreement with Larimer County.
7. Second Reading of Ordinance No. 155, 2015, Making Various Amendments to the Land Use
Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 1, 2015, adopts a variety of
revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in
nature that have been identified since the last update in July 2015.
8. Second Reading of Ordinance No. 156, 2015, Conditionally Vacating Certain Rights-of-Way
Consisting of Portions of Prospect Court and the Alley as Dedicated on G.F. Wiard’s
Additional Plat at Reception No. 231427 of the Larimer County Records and Flinn’s
Resubdivision Plat of Lots 11, 12 and 13 in Block 1 of G.F. Wiard’s Addition at Reception No.
665972 of the Larimer County Records. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 1, 2015, vacates portions of
the alley and Prospect Court in the block south of Lake Street and north of Prospect Road that are
no longer needed.
9. Items Relating to the Compensation and Employment Agreement of the Municipal Judge.
(Adopted)
A. Second Reading of Ordinance No. 160, 2015 Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Compensation of the Municipal Judge.
B. Resolution 2015-108 Authorizing the Twelfth Addendum to the Municipal Judge’s Employment
Agreement.
City Council met in executive session on November 10, 2015, to conduct the performance review of
Municipal Judge Kathleen Lane. This Ordinance, unanimously adopted on First Reading on
December 1, 2015, establishes the 2015 salary of the Municipal Judge at $113,740. Resolution
2015-108 approves and authorizes the Mayor to sign an addendum to the Judge's contract to
increase annual vacation leave to from 30 to 32 days per year.
10. Items Relating to the Lodgepole Investments LLC Annexation and Zoning (Adopted)
A. Resolution 2015-109 Setting Forth Findings of Fact and Determinations Regarding the Lodgepole
Investments LLC Annexation.
B. Public Hearing and First Reading of Ordinance No. 163, 2015, Annexing Property Known as the
Lodgepole Investments LLC Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Lodgepole
Investments LLC Annexation to the City of Fort Collins.
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Attachment: December 15, 2015 (3959 : Minutes-12/15)
December 15, 2015
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The purpose of this item is to annex and zone 39.7 acres platted and approved in Larimer County as
Fossil Creek Farm M.L.D., Tracts A and B. The initiating resolution was adopted on November 3,
2015. There are two tracts of land included in this annexation, located southwest of the intersection
of I-25 and State Highway 392. The requested zoning for this annexation is G-C, General
Commercial (10.0 acres) on Tracts A and (29.77 acres) on Tract B. The property is located within the
Fossil Creek Reservoir Area Plan boundary.
11. First Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Lincoln
Corridor Improvements Project – Phase I. (Adopted)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements to Lincoln
Avenue between the Poudre River Bridge and Lemay Avenue. Lincoln Corridor Improvements
Project - Phase I will construct road and intersection improvements, multimodal enhancements, utility
improvements, and access control improvements in accordance with the Lincoln Corridor Plan. The
project is planned to begin construction in the summer of 2016 and be completed in 2017. To
construct these improvements, the City will need to acquire certain property interests adjacent to the
project area. The acquisitions include right-of-way, permanent easements, and temporary
easements from eleven property owners. Timely acquisition of the property is necessary to meet the
anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected
owners and is optimistic that all property negotiations can be completed prior to the start of the
Project. Staff is requesting authorization of eminent domain for all property acquisitions for the
Project only if such action is deemed necessary.
12. First Reading of Ordinance No. 166, 2015, Adopting Updates to the Larimer County Urban
Area Street Standards. (Adopted)
The purpose of this item is to bring forward a set of updates to the Larimer County Urban Area Street
Standards (LCUASS). These updates include both technical/text updates, and correction of
inconsistencies identified by staff since the last major update, as well as updates to the street cross-
sections implementing recommendations from the 2014 Bicycle Master Plan. Additionally language
was added aligning the City's policy towards "complete streets", as identified in City Plan and the
Transportation Master Plan. This item corresponds to Strategic Plan Objectives; Safe Community
5.6 and Transportation 6.1, 6.3, 6.4. Once the City approves these updates the changes must also
be approved by City of Loveland and Larimer County before they are incorporated into LCUASS, as
these are a shared set of standards between the three jurisdictions.
13. Resolution 2015-110 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Maverik First Annexation. (Adopted)
The purpose of this item is to annex the Maverik First Annexation. The applicant, Hanna DUL, Inc.,
has submitted a written petition requesting annexation of 1.26 acres located at 4333 East Mulberry
Street which is the existing hotel and property located at the southeast quadrant of I-25 and East
Mulberry Street. The site gains access from the Southeast Frontage Road. The requested zoning
for this annexation is C-G, General Commercial. The property is located within the East Mulberry
Corridor and I-25 Corridor Plans. In accordance with the Intergovernmental Agreement for the Fort
Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land
that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the
purpose of redeveloping the subject parcel. The subject parcel is part of a larger parcel which is
bordered on three sides by the Interchange Business Park which was annexed in 2005.
14. Resolution 2015-113 Adopting the 2015 Update to the Three-Mile Plan for the City of Fort
Collins. (Adopted)
The purpose of this item is to adopt the 2015 update to the Three-Mile Plan for the City of Fort
Collins (the Plan). The Plan is a policy document for coordinating future annexations and provision of
services and describes the general location, character, utilities, and infrastructure for areas within
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three-miles of the municipal boundary. Colorado Revised Statues requires municipalities to update
their Three-Mile Plans annually.
15. Resolution 2015-114 Adopting the City's 2016 Legislative Policy Agenda. (Adopted)
The purpose of this item is to consider and adopt the City's 2016 Legislative Policy Agenda. Each
year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis
of pending legislation and regulation. The Legislative Policy Agenda is used as a guide by Council
and staff to determine positions on legislation and regulation pending at the state and federal levels
and as a general reference for the City's state legislators and congressional delegation.
16. Resolution 2015-115 Approving and Adopting an Updated Energy Policy. (Adopted)
The purpose of this item is to adopt the 2015 Energy Policy (Policy), presented to Council at the
September 22, 2015 work session. The Policy will replace the existing 2009 Energy Policy. In
alignment with Ordinance No. 098, 2011, the scope of the Policy has expanded from past versions to
include various types of energy sources and end-uses delivered within the community, which include
electricity, natural gas and transportation fuels. The Policy update was timed to allow for coordination
with the Climate Action Plan Framework (CAP) and associated goals adopted by Council earlier in
2015. The Policy provides goals for the prioritization of decision making, programs and services
related to the quantity of use and the energy sources for electricity, thermal end-uses and
transportation. The Policy uses a systems approach to energy production and consumption, as well
as triple bottom line metrics (economy, society, and environment) guiding City government in the
development of plans promoting policy outcomes for residents, businesses and other type of
organizations.
This item was withdrawn from consideration on November 3, 2015 in order to make minor changes
to one section of the policy, incorporating recommendations of the Energy Board. These changes
are highlighted below and were approved for inclusion in the draft Policy by the Energy Board at its
November 5 meeting.
17. Resolution 2015-116 Making Appointments to Various Boards, Commissions and Authorities
of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Applications were solicited during
September and October. Council teams interviewed applicants during November and December.
This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution
does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised
as needed.
END CONSENT
Mayor Troxell closed the public hearing for Item No. 12, Items Relating to the Lodgepole
Investments LLC Annexation and Zoning.
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff noted he is in the process of collecting additional details regarding City
employee benefits.
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COUNCILMEMBER REPORTS
Councilmember Stephens reported on the Mental Health Matters program, hosted by Poudre
High School, and showed slides of resources available for people in need of assistance.
Councilmember Martinez reported on the lighting of the menorah in Old Town.
Mayor Troxell reported on the TubaChristmas event in Oak Street Plaza.
Mayor Pro Tem Horak stated he was recently elected the Chair of the North Front Range
Metropolitan Planning Organization.
DISCUSSION ITEMS
18. Items Relating to the Wood Street Second Annexation and Zoning. (Adopted on Second
Reading)
A. Second Reading of Ordinance No. 157, 2015, Annexing Property Known as the Wood Street
Second Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 158, 2015, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wood Street Second
Annexation to the City of Fort Collins, Colorado.
These Ordinances, adopted on First Reading on December 1, 2015 by a vote of 6-0 (Campana
recused), annex and zone a parcel in an enclave at 832 Wood Street. This is a City-initiated request
to annex 16.267 acres that became an enclave with the annexation of the Pateros Creek subdivision
on September 18, 2012. As of September 18, 2015, the City is authorized to initiate and annex the
enclave in accordance with Colorado Revised Statute 31-12-106. The Wood Street Second
Annexation abuts the City of Fort Collins Utilities building to the north. The requested zoning for this
annexation is the Urban Estate (U-E) zone district. The surrounding properties are existing
residential, office, park, and light industrial land uses in the City of Fort Collins.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 157, 2015, on Second Reading. Yeas: Martinez, Stephens, Overbeck, Troxell,
Cunniff and Horak. Nays: none.
RESULT: ORDINANCE NO. 157, 2015, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 158, 2015, on Second Reading.
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RESULT: ORDINANCE NO. 158, 2015, ADOPTED ON SECOND READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
RECUSED: Campana
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
19. Second Reading of Ordinance No. 161, 2015, Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Compensation of the City Attorney. (Adopted on Second
Reading)
City Council met in executive session on November 10, 2015, to conduct the performance review of
City Attorney Carrie Daggett. This Ordinance, unanimously adopted on First Reading on December
1, 2015, establishes the 2015 salary of the City Attorney at $180,841. The Ordinance has been
edited for Second Reading to also state the total annual compensation for the City Attorney,
consistent with the ordinances regarding the City Manager and Municipal Judge.
Eric Sutherland expressed concern regarding the level of praise given to the City Attorney by
Council and opposed the structure of the Boxelder Stormwater Authority.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 161, 2015, on Second Reading.
Councilmembers Campana and Martinez stated they stand by their comments of support for City
Attorney Daggett and her work.
Mayor Pro Tem Horak opposed the insinuation that City Attorney Daggett has failed to properly
interpret the law.
Mayor Troxell expressed support for City Attorney Daggett and her increased compensation.
RESULT: ORDINANCE NO. 161, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
20. Second Reading of Ordinance No. 162, 2015, Amending Section 2-596 of the Code of the City
of Fort Collins and Setting the Compensation of the City Manager. (Adopted on Second
Reading)
City Council met in executive session on November 10, 2015, to conduct the performance review of
City Manager Darin Atteberry. This Ordinance, unanimously adopted on First Reading on December
1, 2015, establishes the 2015 salary of the City Manager at $249,841.
Eric Sutherland stated the public interest has not been served by the City Manager and opposed
the funding of services which benefit Timnath.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 162, 2015, on Second Reading.
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Mayor Pro Tem Horak opposed Mr. Sutherland’s comments regarding the public interest and
stated Timnath is paying for the new fire station.
RESULT: ORDINANCE NO. 162, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
21. Resolution 2015-111 Approving an Art Project for the Utilities Administration Building and
Approving Expenditures from the Electric Utility Account to Commission an Artist to Create
the Art Project Pursuant to the Art in Public Places Program. (Adopted)
The purpose of this item is it to approve expenditures from the Art in Public Places Electric Utility
Account to commission an artist to create art for the Utility Administration Building Project. The
expenditures of $64,000 will be for design, materials, fabrication, and contingency for Andy Dufford
of Chevo Studios to create a series of wall reliefs for the new Utility Administration Building.
Eric Sutherland questioned whether or not the art project is being funded by repurposing rate-
payer reserves. Additionally, he asked if the Sustainability Services Department will be paying
rent or other compensation to the utility funds for use of the space in the utility building.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-111.
Councilmember Cunniff stated all public buildings in the City are required to have an Art in
Public Places component and these funds are coming from the same constructions funds for the
building. He asked if Sustainability Services is going to have office space in the building. City
Manager Atteberry replied in the affirmative and stated he will provide a memo regarding the
issue.
RESULT: RESOLUTION 2015-111 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
22. Resolution 2015-112 Supporting the Improvement of Interstate 25 (I-25) as Proposed by the I-
25 Coalition. (Adopted)
The purpose of this item is to provide a Resolution of support for the I-25 Coalition’s efforts to seek
timely improvements to the I-25 Corridor in Northern Colorado. This item supports Council Priority for
I-25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council legislative priority re: I-
25 funding.
Eric Sutherland opposed the consideration of a resolution in support of I-25 improvements that
does not include the possibility of providing the voters a chance to pay for the improvements by
raising fuel taxes.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2015-112.
Mayor Pro Tem Horak noted Section 2 of the proposed resolution includes an item regarding
support for new revenue streams adopted by a vote of electors. Additionally, he noted the
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subsequent agreement will include language addressing how the monies will legally be used for
road and bridge work in Fort Collins.
Councilmember Cunniff stated he would support the item but discussed the importance of
funding improvements attributable to new growth as appropriate.
RESULT: RESOLUTION 2015-112 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
23. Resolution 2015-117 Extending by One Year the Work-Completion Deadline Established in
Resolution 2014-005 Regarding Cooperation and a Partnership with Larimer County on the
Use of Tax Increment Financing. (Adopted)
The purpose of this item is to extend City staff’s work-completion deadline in Resolution 2014-103
from December 15, 2015, to December 15, 2016. Resolution 2013-045 was originally adopted by
City Council on May 7, 2013. Section 4 of that Resolution directs staff to work with Larimer County
and other northern Colorado municipalities and affected property tax levying entities to develop an
appropriate fiscal impact analysis model for evaluating financial impacts associated with the
formation of tax increment financing districts and the use of tax increment financing. Resolution
2014-005 extended the work-completion deadline set in Resolution 2013-045 from December 15,
2013, to December 15, 2014, and Resolution 2014-103 extended the work-completion deadline to
December 15, 2015.
A team made up of representatives from various municipalities and tax levying entities within the
County contracted with Economic Planning & Systems (EPS) to develop a “fiscal impact analysis
model”. Work has taken longer than anticipated and while a new quantitative direct cost impact
model and a qualitative indirect impact factors model have been developed, additional work is
required to finalize the assumptions and gain agreement across the team. The current timeline
anticipates completion summer/fall of 2016. As such, an extension to December 15, 2016 is
requested for the work-completion deadline established in Resolution 2014-103.
Eric Sutherland discussed the impact to Poudre School District of diverting tax increment
financing.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2015-117.
Councilmember Cunniff asked if there is a proposed timeline for completion of this project. City
Manager Atteberry replied it could be up to a year; however, staff is hoping it will be less. He
stated this has been value-added work and discussed the benefits of the entities meeting.
Councilmember Cunniff noted this resolution is mandated by events surrounding the Foothills
Mall agreement and asked if Poudre School District has been approached for feedback. Mike
Beckstead, Chief Financial Officer, replied the School District was invited to be a part of this
group, but declined the invitation and has not been in attendance at any of the meetings. City
Manager Atteberry noted the District Superintendent was involved in several meetings at the
beginning of the process.
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RESULT: RESOLUTION 2015-117 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
OTHER BUSINESS
Mayor Pro Tem Horak discussed the desire of retail marijuana shops to be able to stay open until
8:00 PM and noted staff has reported no concerns. He requested Council support for an
Ordinance addressing the issue.
Councilmember Campana noted the County will be reevaluating the issue in March or April and
questioned whether the City should wait until that evaluation is complete.
Mayor Troxell requested and received support for the possible inclusion of a budget offer
regarding evaluating the impacts to the community of both medical and retail marijuana
facilities.
Mayor Pro Tem Horak and Councilmembers Overbeck, Stephens, and Cunniff supported moving
ahead with the change to hours of operation, regardless of the County issue.
ADJOURNMENT
The meeting adjourned at 6:50 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
John Stokes, Natural Resources Director
SUBJECT
Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell
Natural Area to the Board of Governors of the Colorado State University System.
EXECUTIVE SUMMARY
This Ordinance unanimously adopted on First Reading on November 17, 2015, authorizes conveyance of a
ten-year renewable easement to Colorado State University on Maxwell Natural Area that will replace a 99-year
lease for access to maintain the Aggie “A” on the Natural Area. The Natural Areas Department proposed that
the City grant a permanent easement to the Board of Governors of the Colorado State University System
(CSU) on Maxwell Natural Area. The easement will also enable CSU and its students to carry out two other
group activities that currently require annual permits from Natural Areas. CSU’s current access typically has
minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be
conveyed.
On First Reading, Council amended the Ordinance to authorize the City to enter into a ten-year easement
agreement with CSU that will automatically renew for successive ten-year terms unless either party elects to
terminate the easement after notice to the other party. Second Reading was postponed to January 5, 2016
after CSU raised concerns regarding the easement terms. Those issues have since been resolved and CSU is
willing to accept the language as approved by City Council on First Reading. Following First Reading minor
edits were made to the Ordinance by the City Attorney’s Office to improve the clarity of the Ordinance
language. Those edits are shown in the Second Reading Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 17, 2015 (w/o attachments) (PDF)
2
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY November 17, 2015
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
John Stokes, Natural Resources Director
SUBJECT
First Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural
Area to the Board of Governors of the Colorado State University System.
EXECUTIVE SUMMARY
The purpose of this item is to authorize conveyance of a permanent easement to Colorado State University on
Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural
Area. The Natural Areas Department proposes that the City enter into a permanent easement agreement with
the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The
easement will replace a 99-year lease that provided CSU with access to maintain the Aggie “A” on the Natural
Area. The easement will also enable CSU and its students to carry out two other group activities that currently
require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural
Area and no additional impacts are anticipated. No other access rights are to be conveyed.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In the late 1970s, the City Parks and Recreation Department acquired more than 160 acres from the Maxwell
family (the property is part of Maxwell Natural Area and is owned/managed by the Natural Areas Department -
see Attachments 1 and 2). At the time the land was purchased, the property was already subject to an
existing 99-year lease (set to expire on December 19, 2022) between R.G. Maxwell and the State Board of
Agriculture. The lease gives the State Board of Agriculture and its successors the right of ingress and egress
to the Maxwell property for the purpose of constructing and repairing the Aggie “A”. The “A” was constructed in
1923 and has been registered since 1995 on the Colorado State Register of Historic Properties as an example
of hillside monograms which are distinctive landmarks in western states. (Note: The “A” is not a set structure
(e.g., concrete) but instead consists of rocks and vegetation painted white in the shape of the letter. It is
approximately 450 feet long and 210 feet across.)
Over the years, CSU’s use of Maxwell Natural Area has expanded from maintenance of the “A” to include two
additional student activities: the annual freshman hike to the “A” and the lighting of the “A” at homecoming.
These activities, including the painting of the “A”, have necessitated multiple permits on a yearly basis since
Natural Areas has made special allowances for off-trail use for large groups (the painting of the “A” involves
upwards of 70 people). At the request of the City Manager’s office, Natural Areas staff began exploring
alternatives to the lease and permit arrangement to simplify the process for CSU and for Natural Areas.
Natural Areas staff met with CSU representatives earlier this year and discussed several options, including an
updated lease, a potential land trade, and a permanent easement. The parties agreed that a permanent
easement would provide the best solution - the easement enables NAD to retain management responsibilities
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, November 17, 2015 (w/o attachments) (3916 : SR 149 Maxwell Easement)
Agenda Item 10
Item # 10 Page 2
and to conduct its own activities within the “A” area while eliminating the need for the annual permits and
updating the requirements for CSU’s activities. (A lease implies exclusive use of the property and could
potentially restrict Natural Area's ability to manage and maintain the land.)
The original lease contained very few details or parameters for CSU’s access to the “A”, simply stating the
State Board of Agriculture had “the right of ingress and egress to the said land for the purpose of constructing
and repairing the College letter “A”’”. The easement establishes the boundaries of CSU’s access and provides
ingress and egress to the “A” from County Road 23 via existing trails. (CSU is providing a survey of the
easement area. See Attachment 3 - Aerial Map of Proposed CSU Easement Area for a general depiction) In
addition, the easement outlines notification requirements and provides direction on the type of equipment and
paint used to light and paint the “A. The easement also spells out obligations for cleanup and repairs should
CSU’s activities generate debris or cause damage. All costs associated with construction, restoration or
maintenance of the “A” are to be borne by CSU.
Natural Areas is requiring low VOC latex paint and natural pigments to minimize the biological impacts of
continued use of the area by CSU. (The Environmental Protection Agency (EPA) defines low VOC latex paint
as that containing <251 g/L VOC.) The easement also includes a vegetation management plan by which CSU
may conduct minor vegetation maintenance in the area immediately adjacent to the “A” (e.g., pruning shrubs
such as Mountain Mahogany to a height of no less than 3 feet tall).
While staff appreciates the recommendation of the Land Conservation and Stewardship Board (LCSB) to enter
into a lease instead of a permanent easement, staff continues to recommend a permanent easement. Staff
believes that periodically renegotiating a lease defeats a key motivation for pursuing the easement, which is
relieving both the City and CSU from having to repeatedly revisit what both parties agree should be a long-
standing arrangement and agreement. Moreover, if the “A” should ever be abandoned by CSU, the City has
the right to terminate the easement with prior notice to CSU.
CITY FINANCIAL IMPACTS
NAD is requesting a nominal consideration for the easement in the amount of $100. There will be no additional
financial impact to NAD due to the fact that this is replacing an existing lease and that no new improvements
will be located on the property. Staff believes that this below market conveyance serves a bona fide public
purpose as required by Section 23-114 of the City Code because:
1. The use to which the Easement will be put promotes health, safety or general welfare and benefits a
significant segment of the citizens of Fort Collins, as the “A” has long been a major focal point for student
activities at CSU that help build the culture of the student body. Students comprise a significant portion of
our community and participation in “A”- related activities promotes community engagement and welfare.
2. The Easement and continued use and preservation of the “A” support the preservation of an historic
landmark and City Plan Principle LIV16: “The quality of life in Fort Collins will be enhanced by the
preservation of historic resources and inclusion of heritage in the daily life and development of the
community.”
3. The financial support provided by the City through the below-market disposition of the Easement will be
leveraged with other funding or assistance, including maintenance work by the CSU Alumni Association.
4. Conveyance of the Easement will not result in any direct financial benefit to any private person or entity,
except to the extent such benefit is only an incidental consequence and is not substantial relative to the
public purpose being served.
5. Conveyance of the Easement for less than fair market rent will not interfere with current City projects or
work programs, hinder workload schedules or divert resources needed for primary City functions or
responsibilities.
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Attachment: First Reading Agenda Item Summary, November 17, 2015 (w/o attachments) (3916 : SR 149 Maxwell Easement)
Agenda Item 10
Item # 10 Page 3
BOARD / COMMISSION RECOMMENDATION
The item was presented to the Land Conservation Stewardship Board (LCSB) on October 14, 2015. Five of nine
board members were present and voted unanimously to recommend that City Council consider a lease
arrangement instead of a permanent easement. The LCSB’s formal recommendation as outlined in a memo to
City Council dated November 3, 2015, is as follows:
1. The LCSB recommends to City Staff and to City Council that a permanent easement not be granted to CSU
or the State Board of Agriculture for access through the Maxwell Natural Area to the CSU "A."
2. That a new lease replace the remaining term of the 99-year lease that was established between the State
Board of Agriculture and the Maxwell family, which has an expiration date of 19 Dec 2022.
3. The new lease should be structured as an umbrella permit for uses that have required multiple special-use
permit applications from CSU and approval by City entities, thus removing the need for annual application and
approval, and should be specific about: (1) permitted routes and times (events) of access; (2) allowable
activities; (3) other conditions and restrictions that the Natural Areas Department (NAD) deems necessary.
(Attachments 4 and 5)
ATTACHMENTS
1. Location map (PDF)
2. Aerial map-Maxwell Natural Area (PDF)
3. Aerial map-proposed CSU easement area (PDF)
4. Land Conservation & Stewardship Board minutes, October 14, 2015 (PDF)
5. Land Conservation & Stewardship Board memo re: CSU access to Aggie "A" recommendation
(PDF)
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Attachment: First Reading Agenda Item Summary, November 17, 2015 (w/o attachments) (3916 : SR 149 Maxwell Easement)
ORDINANCE NO. 149, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EASEMENT ON
MAXWELL NATURAL AREA TO THE BOARD OF GOVERNORS
OF THE COLORADO STATE UNIVERSITY SYSTEM
WHEREAS, the City owns a parcel of real property located in Larimer County, Colorado
that is part of Maxwell Natural Area and is more particularly described as the SW 1/4 of the NW
1/4 of Section 20, Township 7 North, Range 69 West of the 6
th
P.M. less Book 849 Page 242,
and less Book 1182, Page 409 of the Larimer County Records (the “Property”); and
WHEREAS, when the City purchased the Property in 1979 it was subject to an existing
99 year lease between the owner, R.G. Maxwell, and the State Board of Agriculture (the “1923
Lease”); and
WHEREAS, the 1923 Lease was intended to allow Colorado State University (“CSU”) to
access, construct and repair the Aggie “A” painted on the hillside near Hughes Stadium, and is
set to expire in 2022; and
WHEREAS, the “A” is listed on the Colorado State Register of Historic Properties, and is
therefore considered a landmark subject to Chapter 14 of the City Code; and
WHEREAS, Section 14-53 of the City Code requires the owner of a site or object
designated as a landmark to maintain the site or object to prevent it falling into a state of
disrepair that would have a detrimental effect on its historic character; and
WHEREAS, over the years CSU’s activities surrounding the “A” have increased,
resulting in the City issuing multiple administrative permits every year for such activities; and
WHEREAS, the City Council desireshas determined that a ten-year easement
automatically renewed for successive ten-year terms, unless either party elects to terminate after
notice to the other party, which easement would replace the 1923 Lease, is the most appropriate
solution; and
WHEREAS, CSU has asked the City to grant it a non-exclusive, permanent easement
over the area described on Exhibit “A”, attached and incorporated herein by reference (the
“Easement”); and
WHEREAS, the Easement would spell out in more detail than the 1923 Lease what
activities CSU can conduct on the Property, what materials CSU can use on the Property, and
cleanup, restoration and maintenance obligations; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
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DESCRIPTION: Access Easement
An access easement located in Section 20, Township 7 North, Range 69 West of the 6th Principal
Meridian:
Considering the West line of the Northwest Quarter of said Section 20, as bearing South 00º14'03" West
and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of said Section 20; thence along the West line of the Northwest
Quarter of said Section 20, South 00º14’03” West, 508.00 feet to the POINT OF BEGINNING, said
point also being the centerline of a 6.00 foot wide access easement; thence along said centerline, South
52º37’36” East, 64.65 feet; thence, South 58º21’50” East, 48.46 feet; thence, South 41º18’05” East, 31.93
feet; thence, South 12º36’23” East, 28.32 feet; thence, South 24º35’26” East, 59.86 feet; thence, South
35º08’02” East, 48.93 feet; thence, South 44º53’35” East, 47.69 feet; thence, South 30º31’58” East, 39.55
feet; thence, South 47º11’43” East, 61.86 feet; thence, South 65º00’01” East, 45.30 feet; thence, South
48º10’58” East, 22.40 feet; thence, South 67º54’13” East, 52.09 feet; thence, South 75º40’04” East, 23.89
feet; thence, South 25º07’22” East, 26.45 feet; thence, South 08º54’03” West, 23.61 feet; thence, South
48º17’22” West, 41.27 feet; thence, South 29º36’44” West, 16.93 feet; thence, South 68º06’37” West,
35.28 feet; thence, South 39º10’09” West, 57.49 feet; thence, South 52º35’43” West, 25.22 feet; thence,
South 21º37’45” West, 27.43 feet; thence, South 39º39’14” West, 24.83 feet; thence, South 29º31’36”
West, 207.88 feet; thence, South 18º13’58” West, 24.12 feet; thence, South 44º58’07” West, 31.08 feet;
thence, South 21º18’25” West, 22.25 feet; thence, South 39º16’27” West, 23.68 feet; thence, South 18º
01’03” West, 38.43 feet; thence, South 46º14’55” East, 36.19 feet; thence South 57º24’00” East, 39.62
feet; thence, South 28º54’52” East, 26.59 feet; thence, South 59º24’46” East, 70.96 feet; thence, South
20º31’52” East, 29.65 feet; thence, South 59º25’14” East, 21.89 feet; thence, South 86º29’06” East, 14.97
feet; thence, South 64º09’48” East, 29.79 feet; thence, South 45º41’24” East, 62.58 feet; thence, South
36º19’02” East, 47.28 feet; thence, South 24º33’20” East, 62.82 feet; thence, South 03º42’53” East, 32.57
feet; thence, South 15º55’37” East, 31.26 feet; thence, South 00º19’18” East, 14.07 feet: thence, South
43º33’18” East, 11.89 feet; thence, South 23º15’19” East, 37.38 feet; thence, South 00º56’05” East, 16.49
feet; thence, South 36º11’07” East, 13.68 feet; thence South 13º46’53” East, 47.22 feet to the POINT
OF TERMINUS of said centerline of 6.00 foot wide easement, said point also being POINT “A”.
ALSO BEGINNING at aforementioned POINT “A”; thence, North 61º12’07” East, 410.55 feet; thence,
South 22º29’32” East, 131.95 feet; thence, South 13º20’03” East, 240.97 feet; thence, North 89º14’07”
West, 480.55 feet; thence, North 12º32’37” West, 131.56 feet; thence, 61º12’07” East 49.36 feet to the
POINT OF BEGNINNING “A”.
The above described parcel contains 127,944 square feet or 2.937 acres, more or less and is subject to all
easements and rights-of-way now on record or existing.
MAK
October 21, 2015
S:\Survey Jobs\232-036\Dwg\Exhibits\232-036 Easement Description.docx
EXHIBIT A
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City; and
WHEREAS, City staff has concluded that granting the easement to CSU is the best way
for the City to manage CSU’s access to the “A” on the Property; and
WHEREAS, NAD is proposing to chargeCity staff recommends charging only nominal
consideration for the Easement in the amount of $100; and
WHEREAS, under Section 23-114 of the City Code, any sale of City property interests
must be for an amount equal to or greater than the fair market value of such interest unless the
City Council determines that such sale serves a bona fide public purpose, based on the five
factors listed in Section 23-114; and
WHEREAS, staff believes that the conveyance of the Easement to CSU for less than fair
market value serves a bona fide public purpose because:
(1) The use to which the Easement will be put promotes health, safety or general
welfare and benefits a significant segment of the citizens of Fort Collins, as the
“A” has long been a major focal point for student activities at CSU that help build
the culture of the student body. Students comprise a significant portion of our
community and participation in “A”- related activities promotes community
engagement and welfare;
(2) The Easement and continued use and preservation of the “A” supports the
preservation of an historic landmark and City Plan Principle LIV16: “The quality
of life in Fort Collins will be enhanced by the preservation of historic resources
and inclusion of heritage in the daily life and development of the community;”
(3) The financial support provided by the City through the below-market disposition
of the Easement will be leveraged with other funding or assistance, including
maintenance work by the CSU Alumni Association;
(4) Conveyance of the Easement will not result in any direct financial benefit to any
private person or entity, except to the extent such benefit is only an incidental
consequence and is not substantial relative to the public purpose being served; and
(5) Conveyance of the Easement for less than fair market rent will not interfere with
current City projects or work programs, hinder workload schedules or divert
resources needed for primary City functions or responsibilities;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Packet Pg. 24
Section 1. That the City Council hereby finds that the City’s conveyance of the
Easement to the Board of Governors of the Colorado State University System as provided herein
is in the best interests of the City.
Section 2. That the City Council further finds that such conveyance for less than fair
market value serves a bona fide public purpose for the reasons stated in the recitals above.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to terminate the 1923 Lease and convey the Easement to the Board of Governors of the
Colorado State University System on terms and conditions consistent with this Ordinance,
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines are necessary or appropriate to protect the interests of the City,
including, but not limited to, any necessary changes to the legal descriptions of the Easement, as
long as such changes do not materially increase the size or change the character of the interest to
be conveyed.
Introduced, considered favorably on first reading, and ordered published this 17th day of
November, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_____________________________
Deputy City Clerk
Passed and adopted on final reading on this 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 25
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Items Relating to the Lodgepole Investments LLC Annexation and Zoning.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 163, 2015, Annexing Property Known as the Lodgepole Investments
LLC Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Lodgepole Investments LLC Annexation to
the City of Fort Collins.
These Ordinances, unanimously adopted on First Reading on December 15, 2015, annex and zone 39.7 acres
platted and approved in Larimer County as Fossil Creek Farm M.L.D., Tracts A and B. There are two tracts of
land included in this annexation, located southwest of the intersection of I-25 and State Highway 392. The
requested zoning for this annexation is G-C, General Commercial (10.0 acres) on Tracts A and (29.77 acres)
on Tract B. The property is located within the Fossil Creek Reservoir Area Plan boundary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (PDF)
2. Ordinance No. 163, 2015 (PDF)
3. Ordinance No. 164, 2015 (PDF)
3
Packet Pg. 26
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY December 15, 2015
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Items Relating to the Lodgepole Investments LLC Annexation and Zoning
EXECUTIVE SUMMARY
A. Resolution 2015-109 Setting Forth Findings of Fact and Determinations Regarding the Lodgepole
Investments LLC Annexation.
B. Public Hearing and First Reading of Ordinance No. 163, 2015, Annexing Property Known as the
Lodgepole Investments LLC Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Lodgepole Investments LLC
Annexation to the City of Fort Collins.
The purpose of this item is to annex and zone 39.7 acres platted and approved in Larimer County as Fossil
Creek Farm M.L.D., Tracts A and B. The initiating resolution was adopted on November 3, 2015. There are
two tracts of land included in this annexation, located southwest of the intersection of I-25 and State Highway
392. The requested zoning for this annexation is G-C, General Commercial (10.0 acres) on Tracts A and
(29.77 acres) on Tract B. The property is located within the Fossil Creek Reservoir Area Plan boundary.
This annexation request is in conformance with Section 30, Article II of the Colorado State Constitution, State of
Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the
Larimer County and City of Fort Collins Intergovernmental Agreements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and two Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Lodgepole Investments LLC Annexation includes two parcels owned by Lodgepole Investments, LLC, and
right-of-way owned by the Colorado Department of Transportation (Attachment 1). The requested zoning for
this annexation is the G-C District for the Lodgepole Investments LLC properties (Tract A and B) and a portion
of CDOT right-of-way. This zoning is consistent with the City of Fort Collins Structure Plan and the Fossil
Creek Reservoir Area Plan, and the I-25/SH 392 Corridor Activity Center (CAC) overlay area.
The Larimer County Transfer of Density Units Program (TDU) requirements are not applicable for this
commercial property. In accordance with the May, 2013 Amended Intergovernmental Agreement, the City of
Fort Collins and the Town of Windsor will share the property tax increment and sales tax increment generated
by properties and businesses located within the boundaries of the Corridor Activity Center.
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
ATTACHMENT 1
3.1
Packet Pg. 27
Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3951 : SR 163 164 Lodgepole Annexation)
Agenda Item 12
Item # 12 Page 2
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law. The Board of County Commissioners approved the
Special Review Application for this property on March 9, 2015, with a condition of approval that the applicants
petition the City of Fort Collins for annexation by September 30, which initiated this annexation process.
Contiguity
The subject property gains the required one-sixth contiguity to existing City limits from common boundaries in
the following manner:
Fossil Creek 392 Annexation (Ordinance No.139, 2009)
The Fossil Creek 392 Annexation includes approximately 41% of its property boundary contiguous with the
existing City boundary, thus satisfying the requirement that no less than one-sixth of the perimeter boundary
(1190’) be contiguous. This annexation request is in conformance with the State of Colorado Revised Statutes
as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of
Fort Collins Intergovernmental Agreements.
The surrounding zoning and land uses are as follows:
N: G-C; Vacant (South of 392)
S: A-P Airport; Vacant (County)
E: I-25
W: A-P Airport Eagle Ranch Estates (County)
Findings
1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
2. The annexation of this area is consistent with the policies and agreements between Larimer County and
the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth
Management Area.
3. The requested zoning, G-C General Commercial Parcels A and B, is in conformance with the policies of
the City's Comprehensive Plan, Structure Plan Map and the Fossil Creek Reservoir Area Plan
(Attachment 2).
4. The request is in conformance with Section 2.9, Amendment to the Zoning Map (Attachment 3), of the
City of Fort Collins Land Use Code.
5. On November 3, 2015, the City Council approved a resolution that accepted the annexation petition and
determined that the petition was in compliance with State law. The resolution also initiated the annexation
process for the property by establishing the date, time and place when a City Council public hearing would
be held regarding the readings of the Ordinances annexing and zoning the area.
6. The Annexation and Zoning of Lodgepole Investments LLC follows the approval by the County of the
Special Review Application for this property on March 9, 2015. As part of that approval, a condition was
included requiring the applicants petition the City of Fort Collins for annexation by September 30, which
initiated this annexation process.
7. The annexation of the subject property complies with Section 30, Article II of the Colorado State
Constitution, and all applicable sections of the Colorado Revised Statute 31-12-101 et seq.
3.1
Packet Pg. 28
Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3951 : SR 163 164 Lodgepole Annexation)
Agenda Item 12
Item # 12 Page 3
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation and zoning.
BOARD / COMMISSION RECOMMENDATION
At its November 12, 2015 regular meeting, the Planning and Zoning Board voted (6-0, Carpenter absent) to
recommend approval of the annexation. Further, the Board recommended that the property be placed into the
G-C General Commercial District. This unanimous action was taken as part of the Board’s consent agenda;
therefore, there are no minutes.
PUBLIC OUTREACH
As with the County Special Review Application process, there was significant public outreach, including a
neighborhood meetings and public hearings before the Larimer County Planning Commission and Board of
County Commissioners.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Structure Plan map (PDF)
3. Proposed Zoning (PDF)
4. Petition for Annexation (PDF)
3.1
Packet Pg. 29
Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3951 : SR 163 164 Lodgepole Annexation)
ORDINANCE NO. 163, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
LODGEPPOLE INVESTMENTS, LLC, ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2015-093, finding substantial compliance and initiating
annexation proceedings for the Lodgepole Investments, LLC, Annexation, as defined therein and
described below, has heretofore been adopted by the City Council; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
annex the Property to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby incorporates the findings of Resolution
2015-109 and further finds that it is in the best interests of the City to annex the Property to the
City.
Section 3. That the following described property (the “Property”), to wit:
TRACTS A AND B, FOSSIL CREEK FARM M.L.D. NO. 00-S1539 AND A PORTION OF
THE CARPENTER ROAD RIGHT-OF-WAY PER THE PLAT OF FOSSIL CREEK FARM
M.L.D. NO. 00-S1539, ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Considering the North line of the Northwest Quarter of said Section 22 as bearing North
89°40'32" East and with all bearings contained herein relative thereto:
Beginning at the Northwest corner of said Section 22; thence along the West line of the
Northwest Quarter of said Section 22 South 00°28'50" West 56.17 feet, more or less, to a point on
a non-tangent curve concave to the North having a central angle of 00°35'38" and a radius of
5790.00 feet, the long chord of which bears South 87°50'44" East a distance of 60.02 feet; said
point being on the Southerly Line of that certain parcel of land as described in Deed recorded at
Reception No. 92049221, records of said County and a point on the Southerly line of FOSSIL
CREEK RESERVOIR OPEN SPACE ANNEXATION, City of Fort Collins, County of Larimer,
State of Colorado and the TRUE POINT OF BEGINNING; thence departing said West line of the
Northwest Quarter of said Section 22 and along said Southerly Line of that certain parcel of land
as described in Deed recorded at Reception No. 92049221 and along said Southerly line of
FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and Easterly along the arc of
said curve 60.02 feet; thence departing said curve and said Southerly Line of that certain parcel of
land as described in Deed recorded at Reception No. 92049221 and departing said Southerly line
3.2
Packet Pg. 30
Attachment: Ordinance No. 163, 2015 (3951 : SR 163 164 Lodgepole Annexation)
of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and along the Westerly and
Southerly lines of FOSSIL CREEK 392 ANNEXATION, City of Fort Collins, County of
Larimer, State of Colorado South 00°28'50" West 566.63 feet and again North 89°34'58" East
2279.35 feet, more or less, to the Southeast corner of said FOSSIL CREEK 392 ANNEXATION;
said Southeast corner also being o point on the Westerly right-of-way line for Interstate Highway
No. 25 and the Northeast corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539; thence
departing said Southerly line of said FOSSIL CREEK 392 ANNEXATION and along the
Westerly lines of said right-of-way line for Interstate Highway No. 25 and along the Easterly
lines of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 South 18°25'02" East 193.89 feet
and again South 04°06'44" East 523.98 feet, more or less, to the Southeast corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Westerly line of said right-of-way
line for Interstate Highway No. 25 and said Easterly line of said FOSSIL CREEK FARM M.L.D.
NO. 00-S1539 and along the Southerly line of said FOSSIL CREEK FARM M.L.D. NO. 00-
S1539 South 89°40'57" West 2444.06 feet, more or less, to the Southwest corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Southerly line of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539 and along the Westerly line of said FOSSIL CREEK
FARM M.L.D. NO. 00-S1539 North 00°28'50" East 1272.45 feet, more or less, to a point on the
Southerly Line of that certain parcel of land as described in Deed recorded at Reception No.
92049221 and a point on said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE
ANNEXATION; said point being the TRUE POINT OF BEGINNING,
containing 39.77 Acres, more or less, and being subject to all easements and/or rights-of-way
now existing or of record
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Lodgepole Investments, LLC, Annexation, which annexation shall become effective upon
completion of the conditions contained in Section 31-12-113, C.R.S., including, without
limitation, all required filings for recording with the Larimer County Clerk and Recorder.
Section 4. That, in annexing the Property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service
lines, streets or any other services or utilities in connection with the Property hereby annexed
except as may be provided by ordinances of the City.
Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
3.2
Packet Pg. 31
Attachment: Ordinance No. 163, 2015 (3951 : SR 163 164 Lodgepole Annexation)
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
Packet Pg. 32
Attachment: Ordinance No. 163, 2015 (3951 : SR 163 164 Lodgepole Annexation)
ORDINANCE NO. 164, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE LODGEPOLE INVESTMENTS, LLC, ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes
the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, the City Council has determined that the proposed zoning of the Lodgepole
Investments, LLC, Annexation property, as described below (the “Property”) is consistent with
the City’s Comprehensive Plan and/or is warranted by changed conditions within the
neighborhood surrounding and including the subject property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property described below and has determined that the Property should be zoned as
hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Zoning Map of the City of Fort Collins adopted pursuant to
Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended
by including the property known as the Lodgepole Investments, LLC, Annexation to the City of
Fort Collins, Colorado, in the General Commercial (“C-G”) Zone District, which property (the
“Property”) is more particularly described as:
TRACTS A AND B, FOSSIL CREEK FARM M.L.D. NO. 00-S1539 AND A PORTION OF
THE CARPENTER ROAD RIGHT-OF-WAY PER THE PLAT OF FOSSIL CREEK FARM
M.L.D. NO. 00-S1539, ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Considering the North line of the Northwest Quarter of said Section 22 as bearing North
89°40'32" East and with all bearings contained herein relative thereto:
3.3
Packet Pg. 33
Attachment: Ordinance No. 164, 2015 (3951 : SR 163 164 Lodgepole Annexation)
Beginning at the Northwest corner of said Section 22; thence along the West line of the
Northwest Quarter of said Section 22 South 00°28'50" West 56.17 feet, more or less, to a point on
a non-tangent curve concave to the North having a central angle of 00°35'38" and a radius of
5790.00 feet, the long chord of which bears South 87°50'44" East a distance of 60.02 feet; said
point being on the Southerly Line of that certain parcel of land as described in Deed recorded at
Reception No. 92049221, records of said County and a point on the Southerly line of FOSSIL
CREEK RESERVOIR OPEN SPACE ANNEXATION, City of Fort Collins, County of Larimer,
State of Colorado and the TRUE POINT OF BEGINNING; thence departing said West line of the
Northwest Quarter of said Section 22 and along said Southerly Line of that certain parcel of land
as described in Deed recorded at Reception No. 92049221 and along said Southerly line of
FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and Easterly along the arc of
said curve 60.02 feet; thence departing said curve and said Southerly Line of that certain parcel of
land as described in Deed recorded at Reception No. 92049221 and departing said Southerly line
of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and along the Westerly and
Southerly lines of FOSSIL CREEK 392 ANNEXATION, City of Fort Collins, County of
Larimer, State of Colorado South 00°28'50" West 566.63 feet and again North 89°34'58" East
2279.35 feet, more or less, to the Southeast corner of said FOSSIL CREEK 392 ANNEXATION;
said Southeast corner also being o point on the Westerly right-of-way line for Interstate Highway
No. 25 and the Northeast corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539; thence
departing said Southerly line of said FOSSIL CREEK 392 ANNEXATION and along the
Westerly lines of said right-of-way line for Interstate Highway No. 25 and along the Easterly
lines of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 South 18°25'02" East 193.89 feet
and again South 04°06'44" East 523.98 feet, more or less, to the Southeast corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Westerly line of said right-of-way
line for Interstate Highway No. 25 and said Easterly line of said FOSSIL CREEK FARM M.L.D.
NO. 00-S1539 and along the Southerly line of said FOSSIL CREEK FARM M.L.D. NO. 00-
S1539 South 89°40'57" West 2444.06 feet, more or less, to the Southwest corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Southerly line of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539 and along the Westerly line of said FOSSIL CREEK
FARM M.L.D. NO. 00-S1539 North 00°28'50" East 1272.45 feet, more or less, to a point on the
Southerly Line of that certain parcel of land as described in Deed recorded at Reception No.
92049221 and a point on said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE
ANNEXATION; said point being the TRUE POINT OF BEGINNING,
containing 39.77 Acres, more or less, and being subject to all easements and/or rights-of-way
Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the
Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the
Property is not included in the Residential Neighborhood Sign District.
Section 4. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
3.3
Packet Pg. 34
Attachment: Ordinance No. 164, 2015 (3951 : SR 163 164 Lodgepole Annexation)
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.3
Packet Pg. 35
Attachment: Ordinance No. 164, 2015 (3951 : SR 163 164 Lodgepole Annexation)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Erika Keeton, Special Project Engineer
SUBJECT
Second Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Lincoln Corridor Improvements Project –
Phase I.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 15, 2015,authorizes the use of eminent
domain, if deemed necessary, to acquire property interests needed to construct improvements to Lincoln
Avenue between the Poudre River Bridge and Lemay Avenue. Lincoln Corridor Improvements Project - Phase
I will construct road and intersection improvements, multimodal enhancements, utility improvements, and
access control improvements in accordance with the Lincoln Corridor Plan. The project is planned to begin
construction in the summer of 2016 and be completed in 2017. To construct these improvements, the City will
need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way,
permanent easements, and temporary easements from eleven property owners. Timely acquisition of the
property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good
faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start
of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project
only if such action is deemed necessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (PDF)
2. Ordinance No. 165, 2015 (PDF)
4
Packet Pg. 36
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY December 15, 2015
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Erika Keeton, Special Project Engineer
SUBJECT
First Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Lincoln Corridor Improvements Project –
Phase I.
EXECUTIVE SUMMARY
The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed
necessary, to acquire property interests needed to construct improvements to Lincoln Avenue between the
Poudre River Bridge and Lemay Avenue. Lincoln Corridor Improvements Project - Phase I will construct road
and intersection improvements, multimodal enhancements, utility improvements, and access control
improvements in accordance with the Lincoln Corridor Plan. The project is planned to begin construction in the
summer of 2016 and be completed in 2017. To construct these improvements, the City will need to acquire
certain property interests adjacent to the project area. The acquisitions include right-of-way, permanent
easements, and temporary easements from eleven property owners. Timely acquisition of the property is
necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the
affected owners and is optimistic that all property negotiations can be completed prior to the start of the
Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if
such action is deemed necessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2014, the City developed the Lincoln Corridor Plan, which represented a 12-month planning effort to develop
the ultimate multi-modal roadway designed for Lincoln Avenue between Jefferson Street and Lemay Avenue
and to identify related neighborhood improvement projects. Key elements of the Plan within the scope of
Phase I of the corridor improvements include:
Two travel lanes
Buffered bike lanes
Wide sidewalks
Transit stops and shelters
Landscaped medians
Streetscape amenities such as gathering areas, lighting, and art in public places
Storm drainage enhancements
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3952 : SR 165 Lincoln Corridor ED)
Agenda Item 13
Item # 13 Page 2
The goals of the Lincoln Corridor Plan and this project are:
Improve multi-modal mobility
Improve safety
Create an active street environment
The necessary property interests include right-of-way, as well as, permanent and temporary easements.
Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff
has begun meeting with the affected property owners to discuss the project and the impacts to their property.
At the meetings, the property owners were notified that City staff would be requesting authorization to use
eminent domain to acquire necessary property interests, if needed. Staff fully intends to negotiate in good faith
with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure
that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent
domain.
The affected property owners were notified by certified mail of this request to Council for authorization of
eminent domain prior to the first reading of this Ordinance.
CITY FINANCIAL IMPACTS
The project is funded with local funds.
1st Street to Lemay Avenue - Reduced Plan $6.5M approved by Council on Second Reading, July 7, 2015
(General Fund, street oversizing, and developer’s local street obligation).
Poudre River Bridge (includes bridge replacement and street segment to 1st Street) - Reduced Plan $5.3M
funded in 2016 and 2017 budgets (BOB 2.0).
PUBLIC OUTREACH
Numerous public meetings were held as part of the Lincoln Corridor Plan development. More information on
the Plan can be found at: <http://www.fcgov.com/planning/lincoln.php>
ATTACHMENTS
1. Location Map (PDF)
2. Sustainability Assessment (PDF)
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Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3952 : SR 165 Lincoln Corridor ED)
ORDINANCE NO. 165, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN
CONNECTION WITH THE LINCOLN CORRIDOR IMPROVEMENTS PROJECT – PHASE I
WHEREAS, the City is scheduled to begin construction on the Lincoln Corridor
Improvements Project - Phase I (the “Project”) in 2016; and
WHEREAS, the Project involves constructing bridge improvements, medians, curbs,
gutters, bike lanes, sidewalks, and other necessary improvements; and
WHEREAS, the Project will improve the safety, operations, and multi-modal mobility of
Lincoln Avenue between the Poudre River bridge and Lemay Avenue; and
WHEREAS, to construct the Project, it is necessary for the City to acquire certain
property rights as described on Exhibits “A” through “R”, attached hereto and incorporated
herein by this reference (the “Property Rights”); and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Rights from the owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
construction of the Project, is in the City’s best interest, and enhances public health, safety, and
welfare; and
WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds and determines that is necessary in the
public interest to acquire the Property Rights described herein for the purpose of constructing the
Project.
Section 3. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
Section 4. The City Council further finds that, in the event acquisition by eminent
domain of the Property Rights or any of them is commenced, immediate possession is necessary
for the public health, safety and welfare.
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Attachment: Ordinance No. 165, 2015 (3952 : SR 165 Lincoln Corridor ED)
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 165, 2015 (3952 : SR 165 Lincoln Corridor ED)
Exhibit "A" Page 1 of 2
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Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Aaron Iverson, Senior Transportation Planner
SUBJECT
Second Reading of Ordinance No. 166, 2015, Adopting Updates to the Larimer County Urban Area Street
Standards.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 15, 2015, updates the Larimer County
Urban Area Street Standards (LCUASS). These updates include both technical/text updates, and correction of
inconsistencies identified by staff since the last major update, as well as updates to the street cross-sections
implementing recommendations from the 2014 Bicycle Master Plan. Additionally language was added aligning
the City's policy towards "complete streets", as identified in City Plan and the Transportation Master Plan. This
item corresponds to Strategic Plan Objectives; Safe Community 5.6 and Transportation 6.1, 6.3, 6.4. Once the
City approves these updates the changes must also be approved by City of Loveland and Larimer County
before they are incorporated into LCUASS, as these are a shared set of standards between the three
jurisdictions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (PDF)
2. Ordinance No. 166, 2015 (PDF)
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY December 15, 2015
City Council
STAFF
Aaron Iverson, Senior Transportation Planner
SUBJECT
First Reading of Ordinance No. 166, 2015, Adopting Updates to the Larimer County Urban Area Street
Standards.
EXECUTIVE SUMMARY
The purpose of this item is to bring forward a set of updates to the Larimer County Urban Area Street
Standards (LCUASS). These updates include both technical/text updates, and correction of inconsistencies
identified by staff since the last major update, as well as updates to the street cross-sections implementing
recommendations from the 2014 Bicycle Master Plan. Additionally language was added aligning the City's
policy towards "complete streets", as identified in City Plan and the Transportation Master Plan. This item
corresponds to Strategic Plan Objectives; Safe Community 5.6 and Transportation 6.1, 6.3, 6.4. Once the City
approves these updates the changes must also be approved by City of Loveland and Larimer County before
they are incorporated into LCUASS, as these are a shared set of standards between the three jurisdictions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Staff is recommending approval of the updates to the Larimer County Urban Area Street Standards.
- New section to Chapter 1 - Complete Streets in Fort Collins
- Updates and edits to Chapter 4 - Transportation Impact Study
- Updates and edits to Chapter 7 - Street Design and Technical Criteria
- Updates and edits to Chapter 8 - Intersections
- Updates and edits to Chapter 9 - Access Requirements and Design Criteria
- Updates and edits to Chapter 16 - Pedestrian Facilities Design and Technical Criteria
- Updated and edits to the following Figures:
7-1F 6-Lane Arterial Street
7-2F 4-Lane Arterial Street
7-3F 2-Lane Arterial Street
7-4F Major Collector Street
7-5F Minor Collector Street
7-6F Commercial Local Street
(New) 4-Lane Modified Arterial Street
7-7F Industrial Local Street
7-8F Connector Local Street
7-9F Residential Local Street
7-11 Bus Bay and Stop Standard
(New) 7-11A Bus Bay and Stop Standard
(New) 7-11B Bus Bay and Stop Standard
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3953 : SR 166 Larimer County Street Standards)
Agenda Item 14
Item # 14 Page 2
(New) 7-11C Bus Bay and Stop Standard
(New) 7-11D Bus Bay and Stop Standard
7-24 Widening Detail for Street Turns >600 (Local Streets Only)
(New) Appendix J, Bus Stop Design Standards and Guidelines (Fort Collins)
The 2011 Transportation Master Plan called for updates to LCUASS as an action item. Starting in 2014, City
staff from various departments came together to develop a recommended set of updates, edits and additions.
The resulting updates reflect direction the City has taken in regards to traffic, bicycling and transit over the last
few years. Staff also used this update process as an opportunity to fix errors or inconsistencies in the text that
were discovered since the last comprehensive update. The largest update was conducted to Chapter 4-
Transportation Impact Study. This chapter provides detailed guidance for the City and developers to assess
the impact of development (new construction or redevelopment of land uses) on traffic patterns and street
infrastructure. Traffic Operations Department, which oversees traffic studies, saw the need to clean up
outdated guidance while aligning the methodologies with national standards. The other significant update is to
the street cross-sections, incorporating recommendations from the 2014 Bicycle Master Plan.
The following summarizes the proposed updates to each chapter.
Chapter 1 - General Provisions
A new brief section was added describing the implementation of Complete Streets. Complete Streets are
designed and operated to enable safe access for all users, including pedestrians, bicyclists, motorists and
transit riders of all ages and abilities. The City of Fort Collins has been a leader in building streets for all modes
of travel. This section strengthens and reaffirms the need for considering Complete Streets within these
standards.
Chapter 4 - Transportation Impact Study
Chapter 4 provides guidance for the City and developers on how to assess impacts of development (new or
redevelopment) on multi-modal transportation including traffic patterns and street infrastructure. The updates
to Chapter 4 generally involve updating to current national standards, cleaning up inconsistencies, addressing
minor errors and adding missing information. The changes also include greater flexibility in identifying the
study area, and technical guidance on the analysis of intersection capacity. The Level of Service Standards
have been made easier to understand, and missing or new categories added (such as roundabouts and
unsignalized arterial/arterial intersections). The results of the changes are that applicants can better
understand how a development will be reviewed, and staff has a current and consistent document to utilize
with enough flexibility to address evaluation of our multi-modal system.
Chapter 7 - Street Design and Technical Criteria
Updates to Chapter 7 focused on fixing inconsistencies with current practices and incorporating
recommendations from the 2014 Bicycle Master Plan. The Bicycle Master Plan recommended incorporating
standards for buffered bike lanes and protected bike lanes. The street cross-sections (figures with the 7-Fx
designation) were updated to include these new bicycle facility types. This will allow implementation of the
adopted Bike Plan over time as new roads are built and existing roads are updated. Additionally Chapter 7
includes updated reference to bus stop design guidelines (a new appendix to LCUASS).
Chapter 8 - Intersections
The updates to Chapter 8 included minor text clarifications. The clarifications cleaned up confusion about lane
alignments, angle of intersections and how to apply curb return radii.
Chapter 9 - Access Requirements and Design Criteria
Updates to Chapter 9 were primarily cleanup of text that were inconsistent or had changed since the last
comprehensive update.
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Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3953 : SR 166 Larimer County Street Standards)
Agenda Item 14
Item # 14 Page 3
Chapter 16 - Pedestrian Facilities Design and Technical Criteria
The updates to Chapter 16 added a reference to bus stop design guidelines. These guidelines were adopted
by City Council in 2014, and include more robust design standards for stops.
New Appendix: Bus Stop Design Standards and Guidelines
This appendix incorporates the newly adopted Bus Stop design standards and guidelines into the LCUASS.
These guidelines provide detailed guidance for bus stop locations, bus stop types and amenities.
CITY FINANCIAL IMPACTS
These edits, updates and additions should have a minimal financial impact. The text edits will eliminate
potential confusion and ideally reduce time spent on plan development and review. The update to the cross-
sections with the new bicycle facilities were all done within the same amount of required right-of-way. There is
an increase in cost for buffered bike lanes (additional paint) and for protected bike lanes (additional vertical
feature to be built and maintained). The implementation of these features is new to the City as such costs are
still being evaluated
BOARD / COMMISSION RECOMMENDATION
The proposed updates were presented to the Bicycle Advisory Committee and the Transportation Board. The
Transportation Board recommended approval of the updates with three items to clarify in follow up. Staff
responded to these Transportation Board questions and a letter of support and the follow up letter are
attached.
PUBLIC OUTREACH
This is a collaborative document with the City of Loveland and Larimer County. As such, the edits were shared
and vetted with each of those agencies. The Bicycle Advisory Committee and the Transportation Board
provided significant public input. The proposed cross-section updates are an implementation item of the 2014
Bicycle Master Plan, which had extensive public input and support and was adopted by City Council.
ATTACHMENTS
1. LUCASS Modifications Summary Table (PDF)
2. Chapter 01 Update 2015 (PDF)
3. Chapter 04 Update 2015 (PDF)
4. Chapter 07 Update 2015 (PDF)
5. Chapter 08 Update 2015 (PDF)
6. Chapter 09 Update 2015 (PDF)
7. Chapter 16 Update 2015 (PDF)
8. Updated Figures 2015 (PDF)
9. Updated Bus Details 2015 (PDF)
10. Tramsportation Board Letter of Support (PDF)
11. Transportation Board minutes, November 18, 2015 (PDF)
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Attachment: First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (3953 : SR 166 Larimer County Street Standards)
ORDINANCE NO. 166, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING UPDATES TO THE LARIMER COUNTY
URBAN AREA STREET STANDARDS
WHEREAS, on January 2, 2001, the City Council adopted the Larimer County Urban
Area Street Standards (the “LCUASS”), with the adoption of Ordinance No. 186, 2000; and
WHEREAS, the LCUASS result from a cooperative effort between the City, the City of
Loveland, and Larimer County to standardize the design and construction of new and
reconstructed streets within municipal limits and the associated Growth Management Areas; and
WHEREAS, the LCUASS were concurrently adopted by the City of Loveland and
Larimer County; and
WHEREAS, the current version of the LCUASS was adopted by Council on February 6,
2007, with the subsequent adoption of revised Streetscape Standards in 2013, with the adoption
of Ordinance No. 151, 2012; and
WHEREAS, City staff, in collaboration with staff from the City of Loveland and Larimer
County, has prepared proposed amendments to the LCUASS contained in Exhibit “A,” attached
hereto and incorporated herein by reference; and
WHEREAS, final incorporation of the proposed amendments into the LCUASS requires
formal adoption by the City of Loveland and Larimer County in addition to the City; and
WHERAS, the Council has determined that the proposed amendments comport with the
principles and policies contained in City Plan, the Transportation Master Plan, and the Bicycle
Master Plan and are in the best interests of the City and should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby adopts the revisions to the LCUASS as set
forth in Exhibit “A,” attached hereto and incorporated herein by reference.
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Attachment: Ordinance No. 166, 2015 (3953 : SR 166 Larimer County Street Standards)
Introduced, considered favorably on first reading, and ordered published this 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 166, 2015 (3953 : SR 166 Larimer County Street Standards)
EXHIBIT A
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BUS STOP DESIGN
STANDARDS &
GUIDELINES
July 21, 2015
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES
ACKNOWLEDGEMENTS:
Technical Advisory Committee
Noah Al Hadidi, CSU Student
Sarah Allmon, Barrier Busters Public Transportation Advisory Group (PTAG)
Vivian Armendariz, Citizen
Michael Devereaux, PTAG, Commission on Disability
Kathryn Grimes, Bike Advisory Commission
Jamie Rideoutt, Lamar Advertising Company
Ed Roberts, Transportation Board (past member)
Carol Thomas, Transfort Safety, Security and Training Manager
Project Management Team
Emma Belmont, Transfort — Transit Planner
Steve Gilchrist, Traffic — Traffic Engineer
Aaron Iverson, FC Moves — Senior Transportation Planner
Tim Kemp, Engineering — Civil Engineer III
Tom Knostman, Streets — Pavement Engineer
Kathleen Walker, Transfort — Operations Manager
Graphics and Formatting
Slate Communications
BHA Design Incorporated
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES
CONTENTS
1. OVERVIEW
1.1 PURPOSE
1.2 THE DEVELOPMENT OF THESE
STANDARDS AND GUIDANCE
1.3 INTEGRATION WITH OTHER
STANDARDS GUIDANCE
2. THE BIG PICTURE
2.1 INTRODUCTION
2.2 TRANSIT SYSTEM OVERVIEW
2.3 BUS STOP INSTALLATION AND
UPGRADE — HOW DOES IT HAPPEN?
2.4 OBSTACLES TO IMPROVING
TRANSIT INFRASTRUCTURE
2.5 BUS STOP MAINTENANCE
AND ADVERTISING
3. STREET-SIDE
CHARACTERISTICS
3.1 INTRODUCTION
3.2 STOP SPACING
3.3 STOP LOCATING
3.4 IN-STREET DESIGN
3.5 TECHNICAL DETAILS
4. CURB-SIDE
CHARACTERISTICS
4.1 INTRODUCTION
4.2 UNIVERSAL DESIGN AND
ADA ACCESSIBILITY
4.3 BUS STOP TYPES
4.4 AMENITIES
4.5 BUS STOP TYPE DETERMINATION
5. NEXT STEPS
5.1 INTRODUCTION
5.2 TRANSFORT BUS STOP
IMPROVEMENT PLAN
5.3 RECOMMENDED FUTURE ACTIONS
6. APPENDIX
6.1 BUS STOP DEVELOPMENT FORM
6.2 LAND USE CODE SECTION 3.6.5
6.3 TECHNICAL DESIGNS (As Incorporated into
Larimer County Urban Area Street Standards)
6.4 CITIZEN ADVISORY COMMITTEE
LETTER OF SUPPORT
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 1
1. OVERVIEW
1.1 PURPOSE
The purpose of the Bus Stop Design Standards and Guidelines document is to assist City staff,
developers, local partners and private property owners in locating and designing bus stops and
their associated passenger amenities within the City of Fort Collins as well as the greater Transfort
service area. The document consists of five chapters:
• Overview — discusses how to use the standards and guidance
• The Big Picture — discusses the transit network as it currently exists and the envisioned
future of transit service in Fort Collins
• Street-side Characteristics — discusses the factors associated with the roadway that
influence bus operations
• Curb-side Characteristics — discusses the factors associated with the comfort, safety and
convenience of patrons at bus stops
• Next Steps — discusses Transfort’s approach to pursue capital improvements and outlines
related action items related to bus stop accessibility
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 2
1.2 THE DEVELOPMENT OF THESE
STANDARDS AND GUIDANCE
This guidance document was created with the assistance of a Citizen Advisory Committee (CAC),
created by Transfort, comprised of local transit riders, cycling advocates, safety specialists, urban
designers, students, media professionals, Transfort staff and other interested parties. The CAC
members included individuals with a wide range of abilities and experiences with the transit network.
A project management team (PMT) of City staff also assisted in the development of this document.
This group focused on the technical components and safety considerations as they relate to bus
stops. The following City departments were represented in the PMT: Engineering, FC Moves,
Planning, Streets, Traffic, and Transfort.
In addition, Transit Cooperative Research Program (TCRP) Report 19 – Guidelines for the Location
and Design of Bus Stops, as well as various other transit agency bus stop design documents,
provided best practices and general guidance in the development of the standards and guidance
outlined in this document.
1.3 INTEGRATION WITH OTHER
STANDARDS AND GUIDANCE
There are various tools that work in tandem with this standards and guidance document. Within the
Transfort department, other important guidance tools that may provide guidance on facilities and
services include: Transfort Strategic Operating Plan (TSOP), Transfort Operating Manual (TOM),
and Transfort Service Standards. Additional documents that govern site development include:
Fort Collins Land Use Code (LUC) and Larimer County Urban Area Street Standards (LCUASS). If
conflicts arise between these documents, the more specific and/or stringent standard will apply.
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2. THE BIG PICTURE
2.1 INTRODUCTION
Bus stops are a critical part of the transit system as they serve as the first point of contact between
the customer and the service. In addition, bus stop placement throughout the community acts
to promote alternative modes of transportation to the traveling public. The spacing, location and
design all affect the operation of the transit system and, in turn, the transit patron’s satisfaction.
The standards and guidance in this document are intended to guide the design of transit stops that
complement their immediate surroundings, meet the transit patron’s comfort and safety needs,
and support an efficient transit network.
The placement of transit stops is guided by safety considerations, community context, patron’s
origins and destinations, opportunity, and Transfort’s strategic planning efforts. The TSOP is
Transfort’s long range planning tool; however, it is possible that community growth and change will
occur in ways not anticipated by the TSOP, and therefore routes and bus stops may be different from
those envisioned in the TSOP. The TSOP proposed long range routes are depicted in Figure 2 below.
2.2 TRANSIT SYSTEM OVERVIEW
The City of Fort Collins operates its own transit system, which is branded as Transfort. Transfort
operates fixed route transportation within the City of Fort Collins and in parts of unincorporated
Larimer County. Complementary paratransit service is contracted to and operated by Veolia
Transportation. A regional express route, known as FLEX, is provided through a partnership
between Fort Collins, Loveland, Berthoud, Longmont and Boulder County. Transfort bus stops
are located within Fort Collins city limits as well as in unincorporated Larimer County, the City of
Loveland, the Town of Berthoud, Boulder County and the City of Longmont.
Transfort’s route map (August 2015) is provided below in Figure 1. Following Figure 1 is a map
of the long range vision for transit service in and surrounding Fort Collins, Figure 2. This map
illustrates the TSOP vision for a full transition into a productivity-based grid system. It incorporates
the Phase 3 planned routes, along with additional recommendations from other adopted plans
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and new routes that have been added since the TSOP’s adoption. The purpose of this map is to
indicate where new bus stops will be located as development occurs throughout the city.
VINE DR.
MULBERRY ST.
PROSPECT RD.
DRAKE RD.
HORSETOOTH RD.
HARMONY RD.
OVERLAND TRAIL
TAFT HILL RD.
LEMAY AVE.
TIMBERLINE RD.
I-25
SHIELDS ST.
COLLEGE AVE.
LAPORTE AVE.
ELIZABETH ST.
6 19
91
33
18
16
14
12
10
9
92
81
7
5
32
31
DTC
CTC
STC
8
2
Figure 1 — Transfort All Routes Map (Effective August 2015)
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Figure 2 — Transfort Strategic Operating Plan Phase 3 Routes and Proposed Changes
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2.3 BUS STOP INSTALLATION AND
UPGRADE — HOW DOES IT HAPPEN?
There are just over 500 existing bus stops in the Transfort system; of these, some meet the
standards outlined in this document and some do not. In addition to existing bus stops that
Transfort currently serves, the TSOP sets forth a plan for expanded service which will require new
transit facilities throughout Transfort’s service area.
There are a variety of ways transit facilities are installed and upgraded throughout the Transfort
system, and they are described below:
• Transfort’s Capital Improvement Plan — The Improvement Plan, which is based on
location specific criteria, identified in the Bus Stop Development Form (Appendix 1) and
Section 4.5, prioritizes bus stop improvements in the Transfort Service Area. Transfort
anticipates an annual budget of $100,000, based on dedicated tax revenue (Building on
Basics), for bus stop improvements. It is estimated that this amount will fund approximately
7–10 bus stops annually. Transfort also pursues grants to fund additional improvements.
Improvements are generally implemented according to the Improvement Plan, but obstacles
do arise as described in Section 2.4.
• Transfort’s Service Agreement for Bus Stops — Transfort contracts with an advertising
company for the installation, provision of passenger amenities and maintenance of Transfort’s
bus stops. This agreement permits Transfort to request solid surface upgrades to bus stops
that are located within public right-of-way (ROW) and installation of passenger amenities
at bus stops in Transfort’s service area. In a typical year, this agreement provides for the
upgrade of approximately 10 bus stops.
• Development and/or Redevelopment — As properties develop and redevelop within city
limits the City’s Land Use Code (LUC) requires that the development accommodate both
the existing and planned transit network (LUC Section 3.6.5 text included in Appendix 2).
This requires developers to provide the necessary transit infrastructure and passenger
amenities, if applicable, on or adjacent to their property. Developer responsibilities may
include: dedicating additional public ROW; dedicating a Transit Easement; installation of a
bus stop solid surface; installation of a bus pullout; and installation of or payment in lieu for
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the applicable bus stop passenger amenities, all in accordance with the standards set forth
in this document.
Transfort does not have control over which stops are improved via this method. Bus stop
improvements may not be in accordance with the Improvement Plan Priorities set forth
in this document.
• City Capital Improvement and Street Maintenance Projects — Every year the
City’s Engineering and Streets Departments implement capital improvements and street
maintenance. These departments manage infrastructure improvements and work with
Transfort to help upgrade bus stops, as needed in the area of the project’s impact. Since
stops improved through this method are opportunistic, improvements may not reflect the
same priorities as listed in the Improvement Plan.
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2.4 OBSTACLES TO IMPROVING
TRANSIT INFRASTRUCTURE
Many obstacles exist outside of Transfort’s control, which makes providing quality transit facilities
challenging at times. Obstacles to improving bus stops include: available space (including public
ROW) for stop infrastructure (solid surface and passenger amenities); accessible neighborhood
sidewalks connecting to stops; accessible street crossings; and temporary obstacles such as those
due to weather events like snow, rain or hail. Transfort actively works with other City departments
to make improvements to the sidewalk network and to add accessible bus stops in conjunction
with City construction activities. However, it will take many years for all stops to be improved
because infrastructure deficiencies are widespread. Images 1, 2 and 3 below demonstrate some
of the obstacles that limit transit facility improvements.
Image 1 Image 2
Laporte and Overland Eastbound (EB)
Obstacles: • Limited public ROW
• No sidewalks
Shields and Swallow Northbound (NB)
Obstacles: • Limited public ROW
Image 3
Harmony and Corbett (EB)
Obstacles: • Covered section of ditch runs between sidewalk and edge of street
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2.5 BUS STOP MAINTENANCE
AND ADVERTISING
Transfort, like many transit agencies across the nation, utilizes advertising revenue to provide
both maintenance of and passenger amenities at bus stops. Transfort contracts this service with
an advertising contractor, allowing them to advertise at Transfort bus stops. In return, Transfort
benefits from a portion of the advertising revenue, as well as the contractor’s maintenance of bus
stops (including snow removal) and the contractor’s provision of passenger amenities and solid
surface installation at locations within public ROW. However, advertising is not permitted at all
bus stops within Transfort’s network. In single family residential areas, for example, advertising
is limited to side-yards. In addition, certain areas may not be appropriate for advertising, such as
historically significant sites. In such cases, Transfort has a limited number of non-advertising bus
stop benches and shelters that can be used if advertising is deemed to be incompatible with the
character of the area.
Images 4–7 below are examples of advertising at Transfort bus stops.
Image 4
Harmony and Timberline (EB)
Image 5
Image 6 Image 7
Harmony and Larkbunting (WB)
Rock Creek at Fossil Ridge High School (EB) Taft Hill and Drake (NB)
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3. STREET-SIDE CHARACTERISTICS
3.1 INTRODUCTION
This section discusses preferred and alternative street-side or in-street stop designs. Street-side
characteristics refer to features associated with the roadway that influence transit operations.
These features include elements such as: traffic speeds, street design, intersection design and
the location of acceleration/deceleration lanes. Street-side features influence the location of and
in-street design of bus stops. It is important to note that since stop designs were developed
based on standard roadway characteristics, the on-site context may call for locations or designs
that are tailored to that context. Ultimately, Transfort staff, with the input from the City’s Traffic,
Engineering and FC Moves Departments, will make the final decision on the location and design
that is appropriate for a given situation.
Image 8
Street-side
Characteristics
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3.2 STOP SPACING
Stop spacing refers to the distance between stops along a bus route. Stop spacing takes into
consideration the trade-offs between vehicle travel times and walking distances to bus stops.
While more frequently placed bus stops reduce walking distances, it also slows down bus service.
In contrast, longer distances between stops increases vehicle speed but may result in customers
having to walk longer distances to get to bus stops. This is described in TCRP’s Report 19 as trade-
offs between operating efficiencies and customer accessibility, as follows:
Table 1 — Trade-offs of Stop Spacing
TCRP Report 19 also describes the industry standards for bus stop spacing typically being
subdivided by land use types/densities or locating stops near major trip generators. This suggests
using closer spaced stops in more densely populated areas, such as the central business core,
and increasing space between stops when approaching more suburban and rural areas of the
community. In addition Bus Rapid Transit (BRT) type routes generally suggest an increased
distance between stops to decrease travel times. Table 2 below describes typical ranges for the
different land use environments.
Transfort uses these ranges as references, but in general the main considerations for bus stop
locating and spacing are safety, such as reducing bus and vehicle conflicts, and major trip
generators, such as, community activity centers and concentrations of residences and businesses.
Where feasible, stops shall be located approximately ¼ mile apart. In locations where stop spacing
is more then ⅓ mile apart, a midpoint stop may be considered if adjacent land uses warrant such
additional stop placement.
Close stops
(every block or
⅛ mile – ¼ mile spacing)
Further distance between stops
(Beyond ¼ mile spacing)
•Short walking distances
•More frequent stops, creating longer travel time
•Longer walking distances
•Less frequent stops, creating shorter travel time
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Table 2 — Recommended Bus Stop Spacing
3.3 STOP LOCATING
There are three location options for bus stops: near-side, far-side and mid-block, as shown in
Figure 3 below. Far-side stops are, in general, Transfort’s preferred stop location because they
are shown to be the safest for passengers exiting the bus and minimize conflicts with other
vehicles. However, a mid-block or near-side stop may be more appropriate in some situations.
Many factors influence the location of stops, such as site specific safety considerations, traffic
patterns, intersection geometry, passenger origins and destinations, pedestrian accessibility, route
design and available space. Transfort staff determine which stop location is most appropriate for
each individual situation, and Table 3 may be used to help make a decision based on the trade-
offs of each possible location.
Environment Route Type Spacing Range
Urban Area (within a City
Plan Activity Center, see
Figure 20 in Section 4.5)
Local Route ⅛ – ¼ Mile
Express or Bus Rapid Transit Route ½ – 1 Mile or As Needed
Suburban Area Local Route ¼ – ½ Mile
Express or Bus Rapid Transit Route 1 Mile or As Needed
Rural Area Local Route As Needed
Express or Bus Rapid Transit Route As Needed
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Figure 3 — Near-Side, Far-Side and Mid-Block Stops Locations
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STOP LOCATION ADVANTAGES DISADVANTAGES
NEAR-SIDE STOP
Use if:
• Destinations are
focused at the
near-side corner
• Route pattern calls for
near-side location
• Available space is
limited on far-side
• Allows passengers to access buses
close to the crosswalk
• Eliminates the potential for double
stopping — passenger loading can
occur when bus is stopped at
the signal
• Increases conflict with
right-turning vehicles
• May result in stopping buses
obscuring curbside traffic control
devices and crossing pedestrians
• May block the through traffic lanes
during peak hours
• May cause sight distance
problems for pedestrians
and motorists
• May increase rear-end accidents if
drivers aren’t anticipating the bus
stopping before the intersection
• Vehicles may attempt to turn in
front of a stopped bus that is
beginning to pull away
FAR-SIDE STOP
Use if:
• Destinations are on
both sides of street
or on the far side of
the intersection
• Minimizes conflicts between right-
turning vehicles and buses
• Allows for additional right-turn
capacity (because bus is not
stopping in the right turn lane)
• Minimizes sight distance
difficulties on approach
to intersections
• Encourages pedestrians to cross
behind the bus
• Bus can merge into traffic more
easily, taking advantage of gaps
• Stopped buses may block
intersections during
congested periods
• May cause a bus to stop twice in
short order: once at a red light
and once at the bus stop
• May increase rear-end accidents if
drivers do not anticipate the bus
stopping after the intersection
TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 15
3.4 IN-STREET DESIGN
The In-Street Design refers to the location that the bus stops in the street to approach the bus
stop, such as in a bus pullout, travel lane, bike lane or on a road shoulder. Determining what
design is appropriate depends on safety considerations, street design, available space, ridership
and other factors. Most of Transfort’s buses stop in bike or travel lanes, but bus pullouts may be
used in areas where there is high ridership, a large number of route transfers or where traffic is
considered to be high volume. Queue jumps refer to an intersection design that allows the bus
to move ahead of queueing traffic to progress through high congestion intersections quicker.
Queue jumps and bus pullouts typically originate from recommendations of a corridor, sub-area or
service-related planning effort (e.g. Harmony Road Enhanced Travel Corridor Alternatives Analysis,
Lincoln Corridor Plan, or West Central Area Plan). In addition, a bus pullout may be required when
multiple routes transfer at the location. Foothills Mall provides an example of such a situation.
In-Street Design alternatives are illustrated below in Figures 4 and 5. Bus pullouts, shall be designed
to the detail shown in LCUASS drawing 711. The flow chart in Figure 6 helps to determine what
In-Street Design is appropriate, and the trade-off of each design is described in Table 4.
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Figure 4 — In-Street Bus Stop Design Alternatives
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Figure 5 — Bus Stop Zone Dimensions (where on-street parking is present)
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Figure 6 — In-Street Design Recommendations
Is a design
recommended as part
of an adopted plan?
YES
Use design
identified
in the Plan
NO
Is the stop a
transfer location?
YES
What volume
of transfers are
anticipated?
NO
Is there on-street
parking?
YES NO
A Bulbout stop
is most likely
appropriate
A Curbside stop
is appropriate
HIGH VOLUME
(BRT connections or
more than 3 routes
serve the stop)
LOW VOLUME
(2-3 low frequency routes)
How many travel lanes are
on the adjacent road?
A Bus Pullout or
Open Bus Bay is
appropriate
1 in each
direction
A Bus Pullout or
Open Bus Bay is
appropriate
2 or more in
each direction
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STOP LOCATION ADVANTAGES DISADVANTAGES
CURBSIDE STOP
(Typical)
• Provides easy approach for bus
drivers and results in minimal
delay to the bus
• Simple design and inexpensive
to install
• Easy to relocate
• Can cause traffic delays since bus
stops in the travel lane
• May cause drivers to make unsafe
passing maneuvers
BUS PULLOUT
(Route transfer stop
and/or on roads with
two travel lanes)
• Bus is out of travel lane,
minimizing delay to traffic
• Passengers board/alight out
of traffic
• Re-entry into congested traffic can
be difficult and cause delays
• Expensive to install, making
relocation difficult/expensive
OPEN BUS BAY • Allows the bus to decelerate
in the intersection
• See Bus Pullout advantages
• See Bus Pullout disadvantages
QUEUE JUMP • Allows bus to bypass
queued traffic
• See Bus Pullout advantages
• May delay right turning vehicles
• See Bus Pullout disadvantages
BULBOUT/NUB
(For locations with
on-street parking)
• Removes fewer parking spaces
than others
• Decreases walking distances to
bus stops for pedestrians
• Provides additional sidewalk area
for passengers
• Results in minimal delay for buses
• Costs more to install compared to
curbside stops
• See Curbside Stop disadvantages
Table 4 — Recommended Bus Stop In-Street Design
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4. CURB-SIDE CHARACTERISTICS
4.1 INTRODUCTION
This section describes criteria that all bus stops shall meet, provides preferred layout of passenger
amenities at stops and recommends how amenities should be distributed throughout the Transfort
service area. Curbside characteristics refer to features associated with the comfort, safety and
convenience of customers at bus stops outside of the roadway. These features include factors like
sidewalk width, connections to adjacent land uses, and bus stop passenger amenities such as
shelters, benches, bike racks, trash and recycling receptacles and lighting. Newly constructed or
altered bus stops shall meet the standards in this section to the maximum extent feasible.
Image 9
Curb-side
Characteristics
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4.2 UNIVERSAL DESIGN AND
ADA ACCESSIBILITY
The Americans with Disabilities Act of 1990 regulated enforceable accessibility standards for
new construction and alterations to places of public accommodation, which include bus stops.
The 2010 ADA Standards for Accessible Design, the most recent guidance, outlines the following
four basic principles to accomplishing ADA accessibility at bus stops, as it applies to all newly
constructed or altered Transfort bus stops.
1) Surface — the bus stop boarding and alighting area shall have a firm, stable surface;
2) Dimensions — the bus stop boarding and alighting area shall provide a clear length of 8'
minimum, measured from the curb, and a clear width of 5' minimum, measured parallel to
the roadway.
Figure 6 — ADA Dimensions of Bus Boarding and Alighting Area
3) Connection — the bus stop boarding and alighting area shall be connected to streets, sidewalks,
or pedestrian paths by an accessible route, of at least 4' wide.
4) Slope — the slope of the bus stop boarding and alighting area shall be the same as the roadway
to the maximum extent practical, and not steeper than 1:48, a 2% grade.
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If a bus stop has a shelter, there shall be a minimum clear floor space of 30" wide by 48" deep inside
the shelter and an accessible path leading from the shelter to the boarding and alighting area.
Figure 7 — ADA Interior Bus Shelter Space
4.3 BUS STOP TYPES
Transfort has four typical stop types tailored to the context of each stop area. Higher ridership
areas or areas with high concentrations of youth, senior, disabled or low-income populations are
recommended to have a higher level of patron amenities such as a shelter, bench, bike rack,
trash receptacle and lighting. Lower ridership areas may have fewer amenities. The Bus Stop
Development Form (Appendix 1) will assist in determining what stop type is appropriate. The stop
types are described below:
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Figure 8
Type I Standard (Detached sidewalk)
Figure 9
Type I Constrained (Attached sidewalk)
Images 10 and 11 — Existing Type I Standard Stop Examples:
Shields and Rolland Moore Park SB Bus Stop Harmony and Taft Hill EB Bus Stop
• Type I – Sign Stop — A bus stop with a bus stop sign and basic ADA accessible landing
surface are the primary features of this stop type, meaning there is no bench or shelter. This
is the most basic stop type and is appropriate for low land-use density and low ridership areas.
Figures 8 and 9 and images 10 and 11 show standard and constrained options for this type of
stop, depending on the available right-of-way and sidewalk design.
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Figure 10
Type II Standard (Detached sidewalk)
Figure 11
Type II Constrained (Attached sidewalk)
Images 12 and 13 — Existing Type II Standard and Constrained Examples
(to comply with above design, these stops need the addition of a bike rack and trash receptacle)
Shields and Centre Avenue NB Bus Stop Lincoln Avenue and Buckingham Park WB
Bus Stop
• Type II – Bench Stop — This describes a bus stop with a stand-alone bench as the primary
feature, and which does not include a shelter. The stop should also have a bus stop sign, bike
rack and trash receptacle. The most appropriate use of Bench Stops is areas with low to mid
ridership potential. Figures 10 and 11 and images 12 and 13 show standard and constrained
options for Type II – Bench Stops.
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• Type III – Shelter Stop — This describes a bus stop with a shelter as the primary feature.
This stop type should also include a bus stop sign, at least one bench, a trash receptacle, one
or more bike racks, interior lighting and advertising panels. A Shelter Stop should be used in
areas with medium to high ridership potential, high concentrations of elderly, youth, disabled
and low-income populations and in areas with high exposure to the elements.
• There are four alternative designs for Type III stops. The alternative chosen depends on the
sidewalk design, public right-of-way and existing structures that may render the standard
design impractical. Transfort staff will assist in determining which design is appropriate
for each individual situation. Figures 12–19 and images 14–17 show examples of Type
III Shelter Stop configurations. The existing stop images aren’t necessarily compliant
with the organization/siting recommendations for passenger amenities in this section,
for the appropriate organization/siting of passenger amenities, see the “amenity detail”
following each Type III configuration.
Figure 12
Type III Standard (Detached sidewalk)
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Figure 13
Type III Standard (Detached sidewalk) — Amenity Detail
Figure 14
Type III Constrained (Detached sidewalk)
Figure 15
Type III Constrained (Detached sidewalk) — Amenity Detail
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Figure 16
Type III Constrained (Attached sidewalk)
Figure 17
Type III Constrained (Attached sidewalk) — Amenity detail
Figure 18
Type III Wide Parkway (Detached sidewalk)
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Figure 19
Type III Wide Parkway (Detached sidewalk bus stop) — Amenity detail
Image 14 and 15 Existing Type III Examples
* These do not meet the siting/organization of passenger amenity recommendations detailed in this section.
Over time stops will be upgraded to meet revised standards, see Section 5.2 for more information.
Images 16 and 17 — New Shelter Examples
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• Type IV – Station Stop — This describes a bus stop that has enhanced passenger amenities
such as a ticket vending machine, real time next bus LED and/or digital signage, a unique shelter
structure, as well as the standard passenger amenities provided at Type III stops. Elements
required at a Station Stop include those identified in Image 18 and Section 4.4 below. MAX
Stations are currently the only Station Stops in Transfort’s system. Stations should be used
on specialty routes, most often in Enhanced Travel Corridors as defined in the Transportation
Master Plan as “uniquely designed corridors that are planned to incorporate high frequency
transit, bicycling and walking as part of the corridor.”
Image 18 — Example Station Stop
Image 19 — Troutman Station (Concept) Image 20 — Troutman Station (Built)
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4.4 PASSENGER AMENITIES
Passenger amenities are a significant element in attracting people to use public transportation.
Shelters are the most preferred passenger amenity because they offer the best protection from
the elements. Other important amenities include: benches; customer information such as transit
maps; real-time bus arrival information and directional signage; lighting; bike racks; and trash and
recycling facilities. All passenger amenities should be located within public right-of-way or within
a dedicated transit easement. The Bus Stop Passenger Amenities required, based on Stop Type
described in Section 4.3, are provided in Table 5. In addition, see the Bus Stop Development Form
in Appendix 1 for determining stop type.
• Bus Stop Sign — All active bus stops (except Type IV Station Stops) are required to have a
Transfort bus stop sign. Signage includes a round bus stop sign and a routes served sign.
Transfort will arrange for the installation of the signage at the time service is initiated at a stop.
• Solid Surface and full ADA Accessibility — All newly constructed or altered bus stops shall
have a solid surface at least as large as the minimum size described in the Stop Types in
Section 4.3 and comply with the four dimensions of accessibility described in Section 4.2.
Newly implemented routes offer an exception to this rule, as sometimes stop locations need
to be monitored to ensure they are in the best location prior to making the full investment
upgrading the stop infrastructure. Final stop locations are generally finalized within two years.
• Bench – All new benches shall be selected from the options described in this section and
shall be powder coated in either RAL 7047 (for benches in shelters) or RAL 7039 (for
stand-alone benches), refer to the Shelter Paint Colors on page 31. Images 21-23 depict the
acceptable options.
Image 21 Image 22 Image 23
6' Stand-alone ad bench
REF RFB-14 4793-121
5–7' In-shelter non-ad bench
REF SFB-02 14001-121
5' In-shelter non-ad bench
REF SFB-08 12096-121
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• Shelter — All new shelters (not including Type IV Stations) shall be selected from the options
described in this section and be powder coated in RAL 7047 and RAL 6017 as depicted in
the examples below. Walls shall be either perforated metal or custom glass with the official
Transfort branded banner and routes served information as shown in images 24–27. A
double-sided advertising panel is the standard requirement. The non-ad shelter option is
only available upon Transfort’s approval. In addition, shelters are preferred to incorporate
solar panels for lighting or shall be directly wired for electric service.
Image 24 Image 25
14' Standard Non-advertising shelter
(Use must be approved by Transfort)
REF SIGNA-TFP14
15' Standard advertising shelter
REF SIGA-TFP15 25340-00
Image 26 Image 27
18' Upgraded ad shelter with V-ad Panels
REF SIGA-TFV 24343
15' Upgraded ad shelter with glass walls
REF SIGA-TFG15 25341-00
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RAL Paint Colors
SHELTER PAINT COLORS
GREEN: #RAL 6017 SILVER: #RAL 7047
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• Bike Racks — Bike racks are recommended at all bus stops and specifically required at
all type II–IV stops. The preferred bike rack style is a simple hitching post or inverted U, as
shown below, and should be powder coated in RAL 7047, RAL 7039 or RAL 6017.
Image 28 (2 bike) Image 29 (2 bike)Image 30 (4 or 5 bike)
REF SFM-05 25390-121 REF SFM-06 25391-121 REF SFM-10 25392-121
• Trash and Recycling Receptacles — Trash and recycling receptacles are required at all
Type III and IV stops and are an option at Type I and II stops. Lower ridership stops may
utilize a pole mounted trash receptacle, and higher ridership stops (projected over 25 daily
boardings) shall provide a stand-alone trash receptacle from the options below, and should
be powder coated in RAL 7047 or RAL 7039.
Image 31 Image 32
Pole Mounted
REF SFTR-10 25393-121 25394-121
32 Gallon Steel Strap
REF SFTR-11 25395-121 25396-121
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• Lighting — Solar lighting panels are included on the roof of the approved shelter options
described previously. Type I and II stops typically do not have their own lighting, and instead
utilize nearby street lights and lighting from neighboring businesses. Pole mounted lighting
may be an option for stops with limited nearby lighting.
• Transit System Map — Transfort installs transit system maps at high ridership Type III
stops (over 50 daily boardings). System maps are only installed at Type III stops because
the shelter provides a mounting location for the map display case.
• Transit Route Map/Schedules(s) — Transfort typically installs individual route maps at
high ridership Type III stops (over 50 daily boardings). Route maps are only installed at Type
III stops because the shelter provides a mounting location for the map display case.
• Ticket Vending Machine (TVM) — Ticket vending machines are included at MAX stations
and in the example Type IV Station Stop design, as shown in Images 18–20. However, while
TVMs remain a recommended element, the need for TVMs may be reduced as Transfort
moves towards mobile ticket purchase options.
• Digital Signage — Digital signage is recommended at all Type IV Station Stops and may be
installed by Transfort at high use and/or transfer bus stops. Digital signs, which are LED
panels and/or LCD screens, typically display real-time bus arrival information, rider alerts,
and other critical passenger information.
• Ground Mounted Tactile — Type IV Station Stops are recommended to include ground
mounted tactile surfaces adjacent to boarding and alighting areas.
• Paper Schedules — Paper schedules are typically provided just at transit centers, but
could be considered for high ridership stops as needed. This information would be provided
by Transfort.
• Security Cameras and Emergency Call Box — Security cameras and emergency call
boxes are recommended to be provided at Type IV Station Stops.
• Wind Screen — Wind screens are integrated into the standard shelter designs, but depending
on the orientation of the shelter, the standard wind screens may not be adequate for the
specific location. If wind is deemed to be an issue at a particular stop, a custom wind panel
should be considered in addition to or in lieu of the standard shelter wind panel.
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• Secure Bike Parking — Secure bike parking is an optional element at any stop, but should
be considered at high use stops, especially transit centers and/or park-n-rides.
• Braille Signage — Braille signage is not a standard element at bus stops, but has been
recommended to be evaluated further following the completion of this document. Section
5.3 discusses next steps related to Braille Signage.
• Wayfinding Signage — Wayfinding signage is optional at all bus stops but is recommended
at Type IV Station stops.
Bus Stop Amenities Type I Type II Type III Type IV
Bus Stop Sign
Solid Surface
5' x 8' Landing Pad
4' Path Connection to adjacent sidewalks
Minimal Slope
Bench
Shelter
Custom Shelter
Bike Rack(s)
(At least 1 rack recommended at all stops
[except Type I], additional racks may be
required based on projected ridership)
Trash and Recycling Facilities
Lighting
Transit System Map
Route Map/Schedule(s)
Ticket Vending Machine (TVM)
Digital Signage
Ground Mounted Tactile
Paper Schedules
Security Cameras and Emergency Call-box
Wind Screen
Secure Bike Parking
Braille Signage
Wayfinding Signage
Legend:
Required Amenity
Recommended Amenity
Optional Amenity
Table 5 — Bus Stop Amenities
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4.5 BUS STOP TYPE DETERMINATION
The selection of the appropriate stop type should consider both qualitative and quantitative
measures, such as:
• ridership potential and/or existing ridership,
• neighboring land uses, including concentrations of youth, seniors, disabled, and low-income
populations (e.g. schools, housing or social service agencies)
• proximity to defined activity centers (as part of City Plan), and
• exposure to the elements.
As new stops are developed, the following criteria should be used to determine the appropriate stop
type. Please refer to the Bus Stop Development Form in Appendix 1 for a site specific evaluation form.
Higher priority for upgrades should be given to bus stops with mid-high ridership (above 50
boardings per day), demographic considerations such as youth, senior, disabled and low-income
population concentrations within ¼ mile of the stop, and stops with high exposure to the elements.
Criterion Type I – Sign Type II – Bench Type III – Shelter Type IV – Station
Ridership Potential
(existing or projected)
Low Ridership
(<25 daily
boardings)
Low–Med
Ridership
(25–50 daily
boardings)
Med–High
Ridership
(>50 daily
boardings)
Very High
Ridership
(250+ daily
boardings)
Land Use Density
(Refer to Zoning Map)
RUL, UE, RF,
RL, or POL
NCL, NCB,
LMN, RC, RDR,
NC, CL, E, I
NCM, MMN,
HMN, D, CC,
CCN, CCR, CG,
CS, HC
Youth, Seniors or Disabled
Populations Concentrations
Within a ⅛ mile
of population
concentrations
Located in an Activity
Center (City Plan— Targeted
Infill and Redevelopment Area
map, see Figure 20 below)
Recommended
Located in an Enhanced
Travel Corridor
Recommended
High Exposure
to the Elements
Recommended
Table 6 — Bus Stop Type Criteria
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Figure 20 — Targeted Infill and Redevelopment Map, City Plan, 2010
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As noted previously, Transfort serves just over 500 bus stops; some of which meet the design and
amenity distribution standards outlined in Sections 3 and 4. This section is intended to describe
Transfort’s plan to bring bus stops into compliance with these standards as well as the City’s
Americans with Disabilities Act Transition Plan as adopted in 1992.
The Transition Plan set forth a five year approach to achieving full compliance with the Americans
with Disabilities Act standards. At that time, Transfort had a much smaller service area and
anticipated that full compliance could be achieved through a $17,000 investment in bus stop solid
surface improvements. The plan presumed that once existing stops were brought into compliance,
future stops would be developed in accordance with the ADA standards. However, that was not the
case and many of Transfort’s current stops are not compliant with ADA standards.
In 2013, a full inventory of bus stops was completed. This identified that only 32% of Transfort’s
stops met the ADA standards described in Section 4.2. Since 2013’s inventory, service has been
eliminated in some areas (College Avenue and Timberline Road) and new service has been added
to other areas (Mason Corridor, North Timberline Road, West Vine Drive, East Drake Road and
East Horsetooth Road). In addition, as of spring 2015, approximately 50 stops had been upgraded
to meet ADA standards. Transfort managed projects upgrading 27 stops, including 18 MAX
stations and nine stops throughout the community; private development upgraded upwards of
seven stops; and Transfort’s advertising contractor upgraded 16 stops. Based on this information
Transfort estimates that now approximately 35% of bus stops meet ADA accessibility requirements.
Inventorying of bus stops is ongoing and Transfort will have a more accurate understanding of ADA
compliance by the end of 2015.
Based on the previous estimate, approximately 330 bus stops in Transfort’s service area are not
in compliance with ADA standards. Many of these are located in areas with limited neighborhood
sidewalks. In addition to the cost of any necessary connecting sidewalks, bus stop improvements
can range between $2,500 to $30,000 depending on the available public ROW and other site
specific characteristics (an average is estimated at $10,000 for each stop). Stops on the low
5. NEXT STEPS
5.1 INTRODUCTION
5.2
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 39
end are generally within public ROW and have level grading to build on. Stops on the higher end
are in areas that often require negotiations with private property owners before any accessible
infrastructure can be installed and where drainage or grading challenges are present. The obstacles
to upgrading bus stops is described more thoroughly in Section 2.4.
This information leads Transfort to estimate that full compliance with ADA standards would cost
between $3,000,000 and $5,000,000 (in 2015 dollars). Transfort’s Bus Stop Improvement Plan, in
Section 5.2, describes Transfort’s phased approach to achieving (at a minimum) ADA accessibility
at all bus stops as well as compliance with the bus stop type and amenity distribution standards in
this document.
Section 2.3 — “Bus Stop Installation and Upgrade — How does it happen?” explains the four
primary ways that bus stops are upgraded:
• Transfort Bus Stop Improvement Plan
• Transfort’s Advertising Contractor
• Development and/or Redevelopment
• City Capital Projects and Street Maintenance Program
This section focuses on stops improved through the Transfort Bus Stop Improvement Plan and by
Transfort’s advertising contractor. Transfort’s Bus Stop Improvement Plan is not all inclusive of
every Transfort stop, since two other improvement methods, Development/Redevelopment and
City Capital Projects – Street Maintenance Projects, will also result in upgraded stops throughout
the community.
5.2 TRANSFORT BUS STOP
IMPROVEMENT PLAN
This April, City of Fort Collins residents approved a 10-year 0.25% sales tax for Capital Projects. In
addition to other City Capital Projects, this tax includes a dedication of an average of $100,000 a year
to bus stop improvements in the Transfort service area. It is anticipated that this will fund an average
of 10 stops a year over the next 10 years for a total of 100 stops (between 2016 and 2026). This
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 40
funding can also serve as local as leverage for grants for additional stop improvements. In addition,
Transfort can work with their advertising contractor to upgrade additional stops within public ROW.
Based on this identified funding source and Transfort’s working relationship with their advertising
contractor, Transfort projects an average of 15–20 stops be improved to meet the new design standards
each year based on the priorities described in Section 4.5. To reiterate, priority for bus stop upgrades
are given to areas that do not meet ADA requirements and meet the following criteria:
• Mid-high ridership (above 50 boardings per day),
• Demographic considerations such as youth, senior, disabled and low-income population
concentrations within ¼ mile of the stop
• Stops with high exposure to the elements
5.3 RECOMMENDED FUTURE ACTIONS
• Grant Funding — The City should pursue grant funding to leverage the limited local funding
to accelerate the Transfort Bus Stop Improvement Plan.
• Snow Removal on Adjacent Sidewalks — The inconsistent removal of snow surrounding
bus stops was a point of concern for the Citizen Advisory Committee that helped guide the
development of this document. Transfort would not be the appropriate leader to initiating
this discussion, but the City’s Street Maintenance and Code Enforcement Departments will
be made aware of the concerns expressed.
• Braille Signage — Braille signage was identified as an element of interest by the Citizen
Advisory Committee that guided the development of this document. Following the adoption
of this document, Transfort will establish a group of interested transit users to help determine
how Braille signage could be implemented and what the Braille signage should say.
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6. APPENDIX
THIS PAGE INTENTIONALLY LEFT BLANK
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 42
6.1 BUS STOP DEVELOPMENT FORM
Is a design
recommended as part
of an adopted plan?
YES
Use design
identified
in the Plan
NO
Is the stop a
transfer location?
YES
What volume
of transfers are
anticipated?
NO
Is there on-street
parking?
YES NO
A Bulbout stop
is most likely
appropriate
A Curbside stop
is appropriate
HIGH VOLUME
(BRT connections or
more than 3 routes
serve the stop)
LOW VOLUME
(2-3 low frequency routes)
How many travel lanes are
on the adjacent road?
A Bus Pullout or
Open Bus Bay is
appropriate
1 in each
direction
A Bus Pullout or
Open Bus Bay is
appropriate
2 or more in
each direction
Transfort Bus Stop Checklist
To be filled out by Transfort Staff
Location (cross streets): __________________________________________________
Block Location: Near-side Far-side Mid-block
Service: On Existing Transit Route Future Transit Route
Street-Side Design Considerations:
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Curb-side Design Considerations:
Projected Ridership (boardings)
Low Ridership (<25 daily boardings) – 0 points
Moderate Ridership (25–50 daily boardings) – 2 points
High Ridership (>50 daily boardings) – 5 points
Very High Ridership (200+ daily boardings) – 10 points
Land Use Density (Zoning)
Low Density (RUL, UE, RF, RL, POL or County) – 0 points
Medium Density (NCL, NCB, LMN, RC, RDR, NC, CL, E, I) – 2 points
Higher Density (NCM, MMN, HMN, D, CC, CCN, CCR, CG, CS, HC) – 5 points
Youth, Senior, Disabled or Low-income Population Concentrations
(includes schools, dedicated housing, and social service entities)
Within a ¼ mile of population concentrations – 2 points
Within a ⅛ mile of population concentrations – 5 points
Activity Center
Within a designated Activity Center or on CSU’s campus – 2 points
Enhanced Transportation Corridor (ETC)
Located along an ETC – 2 points
Designated as Station in an ETC plan – 15 points
High Exposure to Elements
In areas with exposure to wind, rain, high traffic speed, etc. – 5 points
TOTAL
Scoring
Type I Stop — Basic accessibility required
Type II Stop — Basic accessibility and bench required
Type III
Type III – Basic accessibility, standard shelter, trash and 1 bike rack (2 bikes)
Type III – Basic accessibility, standard shelter, trash and 2 bike racks (4 bikes)
Optional Type IV (upon consideration by transit provider)
Score Range
0 – 1
2 – 4
5 – 10
11 – 15
>15
In-street and Curb-side Design
Recommended In-Street Design: Curb-side Stop Bulbout Stop
Bus Pullout Stop Open Bay Stop Queue Jump Stop
Recommended Curb-side Stop Type: Type I (Sign Stop) Type II (Bench Stop)
Type III (Shelter Stop) Type III (Shelter Stop – 2 bike racks) Type IV (Station Stop)
5.2
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 44
6.2 LAND USE CODE SECTION 3.6.5
3.6.5 Bus Stop Design Standards (update in progress)
(A) Purpose. The purpose of this Section is to ensure that new development adequately
accommodates existing and planned transit service by integrating facilities designed and located
appropriately for transit into the development plan.
(B) General Standard. All development located on an existing or planned transit route shall install
a transit stop and other associated facilities on an easement dedicated to the City or within public
right-of-way as prescribed by the City of Fort Collins Bus Stop Design Standards and Guidelines
in effect at the time of installation, unless the Director of Community Services determines that
adequate transit facilities consistent with the Transit Design Standards already exist to serve the
needs of the development. All development located on existing transit routes will accommodate
the transit facilities by providing the same at the time of construction. All development located on
planned routes will accommodate said facilities by including the same in the development plan
and escrowing funds in order to enable the city or its agents to construct the transit facilities at the
time transit service is provided to the development. All facilities installed shall, upon acceptance
by the City, become the property of the City and shall be maintained by the City or its agent.
(C) Location of Existing and Planned Transit Routes. For the purposes of application of this
standard, the location of existing transit routes shall be defined by the Transfort Route Map in
effect at the time the application is approved. The location of planned transit routes shall be
defined according to the Transfort Strategic Operating Plan, as amended.
5.2
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 45
6.3 TECHNICAL DESIGNS (As Incorporated into
Larimer County Urban Area Street Standards)
5.2
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5.2
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TRANSFORT BUS STOP DESIGN STANDARDS AND GUIDELINES 48
6.4 CITIZEN ADVISORY COMMITTEE
LETTER OF SUPPORT
5.2
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Lawrence Pollack, Budget & Performance Measurement Manager
Mike Beckstead, Chief Financial Officer
SUBJECT
First Reading of Ordinance No, 001, 2016, Appropriating Revenue in the Community Capital Improvement
Fund for Initiation of the Various 2016 Approved Projects, Transferring a Portion of that Appropriation to the
Capital Projects Fund and a Portion thereof to the Cultural Services and Facilities Fund for the Art in Public
Places Program Contribution Associated with the 2016 Approved Projects.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $6,980,000 of Community Improvement Program funding for 2016 to
initiate ten projects and programs identified as those of the highest priority during community outreach and
guidance provided by City Council, and to transfer a portion of these appropriated funds to the Capital Projects
Fund from which a portion will also be then transferred to the APP program.
STAFF RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
BACKGROUND / DISCUSSION
In April 2015, City of Fort Collins voters approved a dedicated quarter-cent sales and use tax pursuant to
Ordinance No. 013, 2015. It extended the expiring quarter-cent sales and use tax used to fund the capital
projects Building on Basics program which expired on December 31, 2015.
The tax is effective from January 1, 2016 to December 31, 2025. Total revenue is estimated at approximately
$85 million. The ballot language set the voter-approved projects and programs. Based on community
outreach and guidance from City Council, the following programs were identified as high priority and will
commence in 2016.
The Projects are subject to all applicable provisions of the City Code relating to Art in Public Places (APP).
Project amounts applicable to Art in Public Places vary based on what the project includes. For example the
cost of real property acquisition, vehicles and equipment not affixed to public property are not subject to APP
funding requirements, per City Code Section 23-302. See Attachment 1 for APP amounts for 2016 Projects.
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Agenda Item 6
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2016 Community Improvement Project Expenditures
Project
2016 Project
Cost
Affordable Housing $200,000
Arterial Intersection Improvements 350,000
Bicycle Infrastructure Improvements 300,000
Bike / Pedestrian Grade Separated Crossing 1,500,000
Bus Stop Improvements 100,000
City Park Train 350,000
Club Tico Renovation 250,000
Lincoln Avenue Bridge * 2,730,000
Nature in the City 200,000
Pedestrian Sidewalk / ADA Compliance 1,000,000
Total $6,980,000
* The Lincoln Avenue Bridge total project cost is approximately $5,530,000 and will be completed in 2017.
Below is a summary of the ten projects that were prioritized to receive funding in 2016.
2016 Community Improvement Program Projects
A. Affordable Housing: $200K
This fund provides a revenue source for contribution to the costs of development or rehabilitation of one or
more housing projects designated specifically for low income individuals and families. The contribution may be
combined with or leverage other sources of income directly related to housing affordability including funds from
the Housing Bank, licensing fees, Affordable Housing fund, grants, etc. This project amount will be expended
directly from the Community Capital Improvement Fund.
B. Projects to be funded by transfers to the Capital Projects Fund-
C. Arterial Intersection Improvements: $350K
This project provides funding for improvements to arterial intersections prioritized by congestion and safety
improvements for all travel modes. Previous funding for these projects was highly successful as matching
funds for grants and the dollars were doubled over the life of the tax. The fund is a direct and effective way to
address citizen concerns regarding worsening traffic, congestion and roadway safety.
D. Bicycle Infrastructure Improvements: $300K
This package provides funding to be used toward stand-alone bicycle infrastructure projects as well as add-on
elements to other projects that complete or enhance the City’s bicycle network. Projects will enhance safety,
provide wayfinding, and improve comfort for bicyclists.
E. Bike/Pedestrian Grade Separated Crossings: $1.5M
This project establishes an annual fund that would construct top priority grade-separated bicycle and
pedestrian crossings across arterial roadways. Potential locations include the Power Trail crossing at Harmony
Road, crossing Shields Street west of the CSU Main Campus, crossing Prospect Road near Center Avenue,
and major arterial crossings by the Mason Trail.
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Agenda Item 6
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F. Bus Stop Improvements: $100K
Currently there are more than 200 bus stops within the Transfort system that do not meet Americans with
Disabilities Act (ADA) access requirements. This funding would allow Transfort to upgrade 10 bus stops per
year to be ADA accessible and improve mobility options for disabled residents of Fort Collins.
G. City Park Train: $350K
This project brings back the much loved City Park train in a new, expanded location east of the playground.
H. Club Tico Renovations: $250K
This project completes the renovation of Club Tico at City Park by renovating the kitchen and restrooms and
adding a second story deck on the south side of the facility.
I. Lincoln Avenue Bridge: $2.73M
This project will fund design, right-of-way acquisition, and construction of improvements to the west segment of
Lincoln Avenue located between the Union Pacific Railroad Tracks just north of Jefferson Street to 1st Street,
including the Poudre River Bridge. The total project cost is approximately $5,530,000 and will be completed in
2017.
J. Nature in the City: $200K
The City is transitioning from a large, suburban town to a small, urban city with a projected 255,000 residents.
As this happens, it is critical that we protect access to nature and the key open spaces that define our
community. Natural spaces within our urban setting are valuable not only as habitats and for aesthetics, but
they are also key to preserving quality of life, and the sense of place that makes Fort Collins unique. To
achieve the vision set forth in the Nature in the City strategic plan, this project will: (1) fill in gaps either to
achieve a 10-minute walk or to enhance species connectivity, and (2) enhance existing sites to provide greater
habitat variety and natural experiences.
K. Pedestrian Sidewalk/ADA Compliance: $1M
The Pedestrian Sidewalk and ADA Compliance Program is based on the 2013 accessible travel assessment
and the program cost has been quantified into a multi-year program. With this program, the City is embarking
on a long term effort to be in compliance with all Americans with Disabilities Act requirements. With the $134
million Sidewalk and ADA Compliance Program needs, a sustainable and predictable revenue source is
needed to implement the overall cost of construction of the multi-year compliance program.
Transfers to APP: $62,950
Pursuant to Chapter 23, Art. XII of the City Code, City construction projects with a cost greater than $250,000
must contribute to the City’s Art in Public Places (APP) program an amount equal to 1% of the project
construction costs. Identified under this Ordinance is $62,950 in appropriations available for transfer to the
Capital Projects Fund to be appropriated in the APP program to satisfy the City Code requirements, consisting
of $49,101 for artwork acquisition and $13,849 for maintenance and operations.
CITY FINANCIAL IMPACTS
Projected revenue from the quarter-cent sales and use tax for 2016 is $7,688,825 while the projected
expenditure for the 2016 projects is $6,980,000. This would leave a reserve balance of $708,825. Any
associated operations and maintenance expenses for the capital projects will begin in 2018.
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Agenda Item 6
Item # 6 Page 4
BOARD / COMMISSION RECOMMENDATION
See Public Outreach section below.
PUBLIC OUTREACH
After an 18-month community conversation and ballot referral by City Council, in April 2015 voters approved a
10-year, quarter cent sales and use tax for specific community improvements. Since the adoption staff
conducted an on-line questionnaire, hosted an open house, and presented to City Council at two work
sessions to determine the timing of projects.
Between September 2013 and January 2014, staff met with eight City boards, the Visit Fort Collins Board, the
Chamber Legislative Committee, and a CityWorks Alumni group to seek feedback on both process and
projects.
Major public outreach began in August 2014 and included an interactive website, a board and commission
“Super Meeting,” a CityWorks Alumni Forum, a public open house, a Community Issues Forum, a “mini” drop-
in at the Senior Center, and a booth at the Sustainable Living Fair. In late October 2014 the on-line tool was
converted to a calculator tool that allowed citizens to select up to $75 million in projects. Staff also continued
to meet with City boards and the Chamber Legislative Committee.
ATTACHMENTS
1. Art in Public Places amounts for 2016 Projects (PDF)
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Art in Public Places amounts for 2016 Projects
2016 Project 2016 Amount
Amount
Applicable to
APP APP Amount
Affordable Housing $ 200,000 $ - $ -
Arterial Intersection Improvements 350,000 315,000 3,150
Bicycle Infrastructure Improvements 300,000 300,000 3,000
Bike/Ped Grade Separated Crossing Fund 1,500,000 1,500,000 15,000
Bus Stop Improvements 100,000 100,000 1,000
City Park Train 350,000 350,000 3,500
Club Tico Renovation 250,000 - -
Lincoln Avenue Bridge 2,730,000 2,730,000 27,300
Nature in the City 200,000 - -
Pedestrian Sidewalk / ADA-Compliance 1,000,000 1,000,000 10,000
Totals $ 6,980,000 $ 6,295,000 $ 62,950
ATTACHMENT 1
6.1
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Attachment: Art in Public Places amounts for 2016 Projects (3818 : Community Improvement Program Projects for 2016)
ORDINANCE NO. 001, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING REVENUE IN THE COMMUNITY CAPITAL
IMPROVEMENT FUND FOR INITIATION OF THE VARIOUS 2016 APPROVED
PROJECTS, TRANSFERRING A PORTION OF THAT APPROPRIATION TO THE
CAPITAL PROJECTS FUND AND A PORTION THEREOF TO THE CULTURAL
SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM
CONTRIBUTIONS ASSOCIATED WITH THE 2016 APPROVED PROJECTS
WHEREAS, at a regular City election held on April 7, 2015, the voters of the City of Fort
Collins approved the extension of the expiring twenty-five hundredths percent (0.25%) capital
projects sales and use tax for a period of ten years; and
WHEREAS, the purpose of the tax, as outlined more specifically in the ballot measure, is
the planning, design, real property acquisition, and construction of seventeen capital projects and
related operation and maintenance, referred to as the Community Improvement Program (“CIP”);
and
WHEREAS, based on community guidance, ten of the CIP projects have been identified
as of the highest priority to receive initial funding in 2016; and
WHEREAS, the value of construction associated with the selected 2016 CIP projects
requires contributions to the Art in Public Places Program, pursuant to Chapter 23, Article XII of
the City Code; and
WHEREAS, staff has identified $49,101 and $13,849 in the amount appropriated to the
Capital Projects Fund available for transfer and appropriation to satisfy Art in Public Places
artwork acquisition and operation and maintenance contributions, respectively, associated with
the approved 2016 CIP projects; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated out of revenues in the Community
Capital Improvement Fund of the City of Fort Collins, for the fiscal year beginning January 1,
2016, and ending December 31, 2016, the sum of SIX MILLION NINE HUNDRED EIGHTY
THOUSAND DOLLARS ($6,980,000) in community capital improvement sales and use tax
revenues to be divided and appropriated for ten CIP projects, as set forth in Sections 3 and 4.
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Section 3. That of the appropriated amount, the sum of SIX MILLION SEVEN
HUNDRED EIGHTY THOUSAND DOLLARS ($6,780,000) is further authorized for transfer to
the Capital Projects Fund for expenditure on the CIP projects described in Section 4, leaving
$200,000 to be expended in the Community Capital Improvement Fund, as follows:
COMMUNITY CAPITAL IMPROVEMENT FUND
Affordable Housing $ 200,000
Transfer to the Capital Projects Fund 6,780,000
TOTAL CITY FUNDS $6,980,000
Section 4. That there is hereby appropriated out of revenues of the City of Fort
Collins in the Capital Projects Fund, for the fiscal year beginning January 1, 2016, and ending
December 31, 2016, the sum of SIX MILLION SEVEN HUNDRED EIGHTY THOUSAND
DOLLARS ($6,780,000), to be divided and expended for CIP projects, as follows:
CAPITAL PROJECTS FUND
Community Improvement Program Projects
Arterial Intersection Improvements $350,000
Bicycle Infrastructure Improvements 300,000
Bike / Pedestrian Grade Separated Crossing Fund 1,500,000
Bus Stop Improvements 100,000
City Park Train 350,000
Club Tico Renovation 250,000
Lincoln Avenue Bridge 2,730,000
Nature in the City 200,000
Pedestrian Sidewalk / ADA Compliance 1,000,000
Total Transfer from the Community Capital Improvement Fund $6,780,000
Section 5. That the unexpended appropriated amount in the Capital Projects Fund of
FORTY NINE THOUSAND ONE HUNDRED AND ONE DOLLARS ($49,101) is authorized
for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public
Places Art projects associated with the construction components of the approved CIP projects.
Section 6. That the unexpended appropriated amount in the Capital Projects Fund of
THIRTEEN THOUSAND EIGHT HUNDRED FORTY-NINE DOLLARS ($13,849) is
authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for
operation and maintenance of the Art in Public Places projects associated with the construction
components of the approved CIP projects.
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Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Karl Gannon, Financial Analyst
Kurt Ravenschlag, Transfort/DAR General Manager
SUBJECT
First Reading of Ordinance No. 002, 2016, Appropriating Unanticipated Grant Revenue from the Congestion
Mitigation and Air Quality Grant for the Extension of FLEX Regional Route Service and Authorizing Execution
of Implementing Intergovernmental Agreements by the City Manager.
EXECUTIVE SUMMARY
The purpose of this item is to request a 2016 appropriation in the amount of $475,000 to facilitate additional
service for the FLEX regional transit route. This additional service is being fully funded through a Congestion
Mitigation and Air Quality (CMAQ) grant that was awarded to Boulder County for the extension of FLEX
services to Boulder. Staff is not requesting any additional City funding because the local match is being
provided by existing Transportation Management Association (TMA) partner contributions and by the City of
Boulder. The additional service is set to begin in January 2016 under a three-year pilot program. Transfort is
acting in the capacity of pass-through recipient of the CMAQ funding and will request from Council further
appropriations for 2017 and 2018 service in the 2016 Budgeting for Outcomes (BFO) process. These further
appropriations will again be fully funded with external revenue.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Transfort is seeking an appropriation in the amount of $475,000 for the payment of costs related to additional
FLEX regional service to the City of Boulder. In 2015, Boulder County was awarded a three-year CMAQ grant
for the extension of FLEX services to the University of Colorado campus in Boulder. As the provider of existing
FLEX service to Longmont, Boulder County has requested that Transfort extend its service under a contractual
services agreement with Boulder County. An intergovernmental agreement with the City of Boulder with
respect to the extended service is currently being negotiated. The Ordinance also authorizes the City Manager
to execute implementing intergovernmental agreements with governmental service partners, including the City
of Boulder.
Funding for this project is being supplied by a three-year CMAQ grant that was awarded to Boulder County in
2015. The amount awarded for the initial year of extended service is $380,000 with a further local match
amount of $95,000 being funded with TMA partner contributions, City of Boulder contributions, and fares. Staff
is not requesting any additional funds from the City to undertake the additional service. Appropriations for the
subsequent years' awards for 2017 and 2018 will be requested in the 2016 BFO process where staff again will
not be requesting any additional City funds.
The new extension trips into Boulder represent new trips on the FLEX route (as opposed to extending the
existing trips). These trips will run as a complement to the existing FLEX trips between Fort Collins and
Longmont, which will remain with their existing run times and with the same destinations. SH 119 is one of the
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Agenda Item 7
Item # 7 Page 2
most congested corridors in the region and was identified in the RTD Northwest Area Mobility Study (NAMS)
as one of two highest priority corridors for future Bus Rapid Transit (BRT) service. Providing frequent and
convenient transit service in this corridor is critical to providing alternatives to driving, and for setting the stage
for future BRT service.
Currently, there is no direct bus service in operation that provides a single seat ride on public transit service
between the cities of Fort Collins/Loveland to Boulder. Residents trying to get from Boulder to Fort
Collins/Loveland must currently take an RTD bus from Boulder to Longmont and then transfer to the FLEX
route to reach Fort Collins/Loveland. The need for the transfer can add additional time/complexity to making
such a trip, in addition to the added confusion of paying multiple fares and riding multiple transit routes
operated by two different service providers. This interregional bus service would provide a one-seat ride
between the cities of Fort Collins/Loveland and Boulder to help eliminate this barrier. The FLEX extension will
utilize the existing routing of the FLEX between Fort Collins/Loveland to Longmont.
The newly added trips resulting from the CMAQ grant will provide new service into the City of Boulder via
Highway 119. People traveling between Fort Collins/Loveland and Longmont will go from having nine
weekday round-trips to having fourteen round-trips available. Destinations for the route within Boulder include:
Boulder Junction (30th and Pearl), Boulder Transit Center/ downtown Boulder (14th and Walnut), and the
University of Colorado at Boulder campus. The FLEX extension will help to further goals outlined by many of
the regional communities: to create interregional bus services to connect communities throughout the state.
CITY FINANCIAL IMPACTS
The cost of the additional service will be borne fully by CMAQ funds (80%), by partner funding, in-kind services
and generated fares (20%). Transfort is not requesting any additional funding from the City.
7
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ORDINANCE NO. 002, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE
FROM THE CONGESTION MITIGATION AND AIR QUALITY
GRANT FOR THE EXTENSION OF FLEX REGIONAL ROUTE SERVICE AND
AUTHORIZING EXECUTION OF IMPLEMENTING INTERGOVERNMENTAL
AGREEMENTS BY THE CITY MANAGER
WHEREAS, State Highway 119 is one of the most congested corridors in the region and
was identified in the RTD Northwest Area Mobility Study as one of two highest priority
corridors for future Bus Rapid Transit service; and
WHEREAS, there is currently no existing single-seat, uninterrupted bus route between
the City of Fort Collins and the City of Boulder; and
WHEREAS, Boulder County has received funding from a Congestion Mitigation & Air
Quality (CMAQ) grant for three years; and
WHEREAS, FLEX is a regional bus route serving stops between Fort Collins, Loveland,
Berthoud and Longmont, made possible through a regional partnership and operated by
Transfort; and
WHEREAS, at Boulder County’s request and utilizing the CMAQ grant, Transfort will
extend FLEX services along State Highway 119 in order to provide an uninterrupted bus route
between Fort Collins and the City of Boulder; and
WHEREAS, the new extension trips into Boulder represent new trips on the FLEX route
(the “Boulder Service Extension”), and these trips will run as a complement to the existing
FLEX trips between Fort Collins and Longmont, which will remain with their existing run times
and with the same destinations; and
WHEREAS, this appropriation in the amount of FOUR HUNDRED AND SEVENTY-
FIVE THOUSAND DOLLARS ($475,000) will be the first year of a three year grant for the
extended FLEX services; and
WHEREAS, the Boulder Service Extension is scheduled to commence on January 18,
2016 and appropriate intergovernmental agreements related to this expanded service are being
negotiated.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Packet Pg. 312
Section 2. That there is hereby appropriated for expenditure unanticipated revenue in
the Transit Services Fund the sum of FOUR HUNDRED AND SEVENTY-FIVE THOUSAND
DOLLARS ($475,000) for the additional bus services described in this Ordinance.
Section 3. That the City Manager is hereby authorized to execute such
intergovernmental agreements with governmental service partners, including the City of Boulder,
as may be necessary or appropriate to establish the terms and conditions of the Boulder Service
Extension, which agreements shall be in a form reasonably sufficient to implement the intent of
this Ordinance and protect the interests of the City as determined by the City Manager, after
consultation with the City Attorney.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 313
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Melissa Funk, Victim Services Supervisor
John Hutto, Police Chief
SUBJECT
First Reading of Ordinance No. 003, 2016, Appropriating Unanticipated Grant Revenue in the General Fund for
the Fort Collins Police Services Victim Services Unit.
EXECUTIVE SUMMARY
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy
services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort
Collins Police Services Victim Services Unit has been awarded a 12-month grant in the amount of $37,000 for
the period from January 1, 2016 to December 31, 2016, by the Eighth Judicial District Victim Assistance and
Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part
of the salary for the victim advocate who provides crisis intervention services during weekday hours and is
housed in the Victim Services office. These funds will also pay for a portion of the operational expenses
needed to provide 24-hour a day, 7-day a week services to victims of crime in the community.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Victim Services Unit has received funding from the VALE grant since the inception of the program in 1996.
Services have been provided to thousands of victims and their family members who have become victims of
violent crime in the community. Council has approved appropriations of the grant revenue every year. Services
to the community would be drastically cut without this grant award.
CITY FINANCIAL IMPACTS
The City has received a grant in the amount of $37,000 from the Eighth Judicial District Victim Assistance and
Law Enforcement Board to help fund victim services activities. This grant requires no local cash match.
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ORDINANCE NO. 003, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN
THE GENERAL FUND FOR THE FORT COLLINS POLICE
SERVICES VICTIM SERVICES UNIT
WHEREAS, Fort Collins Police Services has been awarded a grant in the amount of
$37,000 (the “Grant”) for the period from January 1, 2016 to December 31, 2016 by the Eighth
Judicial District Victim Assistance and Law Enforcement (“VALE”) Board to support the Fort
Collins Police Services Victim Services Unit (“Victim Services”); and
WHEREAS, Victim Services provides crisis intervention, resources and referral services
to victims of violent crime and other traumatic situations; and
WHEREAS, the Grant will be used to fund a part of the salary for the victim advocate
who provides crisis intervention services, and to partially pay for operational expenses needed to
provide 24-hour a day, 7-day a week services to victims of crime in the community; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the Grant from the VALE
Board to support Victim Services will not cause the total amount appropriated in the Police
Services fund to exceed the current estimate of actual and anticipated revenues to be received in
that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from unanticipated grant revenue in the
General Fund the sum of THIRTY SEVEN THOUSAND DOLLARS ($37,000) for expenditure
in the General Fund for the Fort Collins Police Services Victim Services Unit.
Packet Pg. 315
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 316
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Jeremy Yonce, Police Lieutenant
SUBJECT
Items Relating to Underage Possession and Consumption of Alcohol and Marijuana Offenses and Consistency
with State Law.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 004, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to
Establish an Offense for Underage Possession or Consumption of Ethyl Alcohol.
The purpose of this item is to create a municipal misdemeanor offense that mirrors the state law on underage
possession and consumption of alcohol.
B. First Reading of Ordinance No. 005, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to
Bring the Existing Underage Code Offenses for Possession or Consumption of Marijuana into Conformity
with State Law.
The purpose of this item is to bring the current underage possession and consumption of marijuana municipal
misdemeanor offenses into conformity with state law.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Staff desires to deter under-age drinking to improve the health and safety of our Community. The proposed
MIP ordinance enables staff to have a municipal option for underage drinking that mirrors State law and
provides consistent standards to under-age persons who possess or consume alcohol as well as marijuana.
Illegal possession and consumption of alcohol by persons under twenty-one years of age is a problem across
the nation, as well as in the City of Fort Collins. The following is some of the data that has been collected:
(1) According to the Center for Disease Control, a survey of high school students found that
34.9% drank at least 1 day during the 30 days prior to the survey given.
(2) According to the Office of Juvenile Justice and Delinquency Prevention, people aged 12 to 20
years drink 11% of all alcohol consumed in the United States. More than 90% of this alcohol
is consumed in the form of binge drinks.
(3) According to CSU Extension, a division of the Office of Engagement, teens across Colorado
are no different than those across the United States. 81% of Colorado’s youth state that they
have tried alcohol at some point in their life by the 12th grade. Almost 19% had their first drink
prior to age 13.
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Packet Pg. 317
Agenda Item 9
Item # 9 Page 2
Fort Collins Police officers have firsthand knowledge of the impact underage drinking has in our Community.
They routinely witness things such as an increase in disruptive behaviors, noise, kids roaming through
neighborhoods, vandalism, urinating in public, medical emergencies, violent crimes, rape, altercations, DUI’s
,etc. that are directly attributable to underage alcohol consumption.
Some of the benefits of having a municipal MIP ordinance are listed below:
1. The ability to include MIP when other municipal violations are being charged, which allows for focus on
the issue of underage drinking.
2. The ability to include underage drinking as one of the charges/issues in our holistic approach with the
police, city prosecutor, municipal judge, CSU, and other partners in addressing illegal, risky and disruptive
behaviors with alternative sentences, educational classes, and CSU intervention/sanctions.
3. Affords minors the opportunity to have the case adjudicated in municipal court for the City’s policies
and priorities to influence the process.
4. Reduces the chances that a defendant would receive charges in both municipal court and county
court.
Finally, the reason for the proposed ordinance regarding underage marijuana offenses is to bring existing code
language into consistency with state law with respect to sealing of records and exceptions to the prohibition on
underage possession.
CITY FINANCIAL IMPACTS
There may be a financial impact on the Municipal Court and on City Attorney’s Office prosecutions staffing due
to the staff time necessary to process the additional caseload, monitor condition compliance depending upon
the volume of cases, seal records, and report to the state Department of Motor Vehicles when necessary. The
level of impact will depend upon the level of enforcement activity. The Court will likely recommend the adoption
of a new fee to offset the additional staff expense in the near future.
9
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ORDINANCE NO. 004, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS
TO ESTABLISH AN OFFENSE FOR UNDERAGE POSSESSION
OR CONSUMPTION OF ETHYL ALCOHOL
WHEREAS, Section 17-141 of the City Code prohibits all persons from carrying or
drinking liquor or fermented malt beverages in certain places; and
WHEREAS, the City Code does not currently include a provision related to underage
possession or consumption of alcohol; and
WHEREAS, incidents of illegal possession and consumption of alcohol by persons under
twenty-one years of age in the City have increased; and
WHEREAS, the City seeks to deter such incidents by including a specific provision in
the City Code designed to apply to persons under twenty-one years of age who possess or
consume alcohol.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 17-141 of the Code of the City of Fort Collins is hereby
amended by the addition of two new definitions, “Ethyl alcohol” and “Possession of ethyl
alcohol” which read in their entirety as follows:
Ethyl alcohol shall mean any substance which is or contains ethyl alcohol and includes
fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in
the Colorado Beer Code and the Colorado Liquor Code.
Possession of ethyl alcohol shall mean that a person has or holds any amount of ethyl
alcohol anywhere on his or her person, or that a person owns or has custody of ethyl
alcohol, or has ethyl alcohol within his or her immediate presence and control.
Section 3. That Chapter 17 of Article IX of the Code of the City of Fort Collins is
hereby amended by the addition of a new Section 17-167 which reads in its entirety as follows:
Sec. 17-167. Underage possession or consumption of alcohol prohibited.
(a) No person under twenty-one (21) years of age may:
(1) Obtain or attempt to obtain any ethyl alcohol by misrepresentation of age
or by any other method in any place where ethyl alcohol is sold; or
Packet Pg. 319
(2) Possess or consume any ethyl alcohol anywhere in the City.
(b) A violation of any provision of subsection (a) of the section shall be a strict
liability offense. It shall be an affirmative defense to the offenses described in subsection
(a)(1) and (a)(2) above that the ethyl alcohol was possessed or consumed by a person
under twenty-one (21) years of age under the following circumstances:
(1) The person was legally upon private property with the knowledge and
consent of the owner or legal possessor of such private property and the ethyl
alcohol was possessed or consumed with the consent of his or her parent or legal
guardian who was present during such possession or consumption;
(2) The existence of ethyl alcohol in a person's body was due solely to the
ingestion of a confectionery which contained ethyl alcohol within the limits
prescribed by section 25-5-410(1)(i)(II), C.R.S.; or the ingestion of any substance
which was manufactured, designed, or intended primarily for a purpose other than
oral human ingestion; or the ingestion of any substance which was manufactured,
designed, or intended solely for medicinal or hygienic purposes; or solely from
the ingestion of a beverage which contained less than one-half of one percent of
ethyl alcohol by weight;
(3) The person was a student who tasted but did not imbibe an alcohol
beverage only while under the direct supervision of an instructor. Such instructor
must have been at least twenty-one (21) years of age and employed by a post-
secondary school. Such student shall have been enrolled in a university or a post-
secondary school accredited or certified by an agency recognized by the United
States department of education, or a nationally recognized accrediting agency or
association, or the "Private Occupational Education Act of 1981", article 59 of
title 12, C.R.S. Such student must have participated in a culinary arts, food
service, or restaurant management degree program, and must have tasted but not
imbibed the alcohol beverage for instructional purposes as a part of a required
course in which the alcohol beverage, except the portion the student tasted,
remained under the control of the instructor;
(4) The possession or consumption takes place for religious purposes
protected by the First Amendment of the United States Constitution; or
(5) The person is participating in a supervised and bona fide investigation
conducted by a law enforcement agency.
(c) An underage person shall be immune from criminal prosecution under this section
if he or she establishes the following:
(1) The underage person called 911 and reported in good faith that another
underage person was in need of medical assistance due to alcohol
consumption;
Packet Pg. 320
(2) The underage person who called 911 provided his or her name to the 911
operator;
(3) The underage person was the first person to make the 911 report; and
(4) The underage person who made the 911 call remained on the scene with
the underage person in need of medical assistance until assistance arrived and
cooperated with medical assistance or law enforcement personnel on the scene.
(d) The testimony regarding the label of a bottle, can or other container will not
constitute hearsay.
(e) A label which identifies the contents of any bottle, can or other container as
“beer,” “ale,” “malt beverage,” “fermented malt beverage,” “malt liquor,” “wine,”
champagne,” “whiskey,” “gin,” “vodka,” “tequila,” “schnapps,” “brandy,” “cognac,”
“liqueur,” “cordial,” “alcohol,” or “liquor” shall constitute primae facie evidence that the
contents of the bottle, can or other container was composed in whole or part of ethyl
alcohol.
(f) Evidence that the defendant was under the age of twenty-one (21) years, and
manifested any of the characteristics commonly associated with ethyl alcohol intoxication
or impairment while present anywhere in the City, shall be prima facie evidence of the
violation of subsection (a) (2).
(g) The Municipal Court shall report violations of this Section and the failure to
complete an alcohol education program to the Colorado Department of Revenue pursuant
to C.R.S., 42-2-131.
(h) Upon dismissal of a case after a completion of a deferred judgment or diversion or
any other action resulting in dismissal of the case or upon completion of the court-
ordered substance abuse education and payment of any fine for a first conviction of this
Section, the Municipal Court shall immediately order the case sealed and provide to the
underage person and the prosecutor a copy of the order sealing the case for distribution
by the appropriate party to all law enforcement agencies.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 321
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 322
ORDINANCE NO. 005, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS
TO BRING THE EXISTING UNDERAGE CODE OFFENSES FOR POSSESSION OR
CONSUMPTION OF MARIJUANA INTO CONFORMITY WITH STATE LAW
WHEREAS, the City Council is considering Ordinance No. 004, 2016, which would
prohibit persons under twenty-one years of age from consuming and possessing alcohol; and
WHEREAS, persons under twenty-one years of age are currently prohibited from
consuming and possessing recreational marijuana, and medical marijuana without proper
credentials; and
WHEREAS, the state law prohibits the illegal possession and consumption of alcohol and
marijuana by underage persons, allows for specific exceptions to criminal prosecution, details
instances of prima facie evidence, and imposes a requirement upon the court to automatically
seal underage records; and
WHEREAS, proposed Ordinance No. 004, 2016, is consistent with such state law
provisions as they relate to alcohol; and
WHEREAS, the current City Code prohibiting persons under twenty-one years of age
from consuming and possessing marijuana does not include such provisions; and
WHEREAS, staff recommends adoption of the provisions provided herein to mirror the
state law on underage marijuana consumption and possession; and
WHEREAS, City Council has determined that the proposed amendments to City Code
Section 17-191 are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 17-191 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-191. - Consumption and possession of marijuana.
(a) Any consumption of recreational marijuana that is conducted openly and publicly
is prohibited.
(b) Any consumption of medical marijuana that is in plain view of, or in a place open
to, the general public is prohibited.
Packet Pg. 323
(c) No person under twenty-one (21) years of age shall consume or possess
recreational marijuana.
(d) No person under twenty-one (21) years of age shall consume or possess medical
marijuana unless he or she is a patient or primary caregiver in possession of a valid
registry identification card pursuant to Article XVIII, Section 14 of the Colorado
Constitution.
(e) No person shall possess more than one (1) ounce of recreational marijuana or
more than two (2) ounces of medical marijuana.
(f) The possession or consumption of marijuana shall not constitute a violation of
subsections (c) and (d) if such possession or consumption takes place for religious
purposes protected by the first amendment to the United States Constitution.
(g) An underage person shall be immune from criminal prosecution under this section
if he or she establishes the following:
(1) The underage person called 911 and reported in good faith that another
underage person was in need of medical assistance due to marijuana
consumption;
(2) The underage person who called 911 provided his or her name to the 911
operator;
(3) The underage person was the first person to make the 911 report; and’
(4) The underage person who made the 911 call remained on the scene with the
medical assistance or law enforcement personnel on the scene.
(h) Prima facie evidence of a violation of subsections (c) and (d) shall consist of:
(1) Evidence that the defendant was under twenty-one (21) years of age and
possessed or consumed marijuana anywhere in the City.
(2) Evidence that the defendant was under twenty-one (21) years of age and
manifested any of the characteristics commonly associated with marijuana
impairment while present anywhere in the City.
(i) Upon dismissal of a case after a completion of a deferred judgment or diversion or
any other action resulting in dismissal of the case or upon completion of the court-
ordered substance abuse education and payment of any fine for a first conviction of this
subsection (c) or subsection (d), the Municipal Court shall immediately order the case
sealed and provide to the underage person and the prosecutor a copy of the order sealing
the case for distribution by the appropriate party to all law enforcement agencies.
Packet Pg. 324
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 325
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Basil Hamdan, Civil Engineer II
Ken Sampley, Stormwater/Floodplain Program Mgr
Kevin Gertig, Utilities Executive Director
Jon Haukaas, Water Engr Field Operations Mgr
SUBJECT
Items Relating to Revisions of Certain Detention and Development Policies in the Fort Collins Stormwater
Criteria Manual.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 006, 2016, Amending Chapter 26 of the Code of the City of Fort Collins
and the Fort Collins Stormwater Criteria Manual to Modify the Criteria for Underground Detention Systems.
B. First Reading of Ordinance No. 007, 2016, Amending Chapter 26 of the Code of the City of Fort Collins
and the Fort Collins Stormwater Criteria Manual to Modify Provisions Implementing Low Impact
Development Principles.
The purpose of this item is to formally adopt two updates to the Stormwater Criteria Manual. Ordinance No.
006, 2016, updates the criteria that govern when, where, and to what extent it is appropriate to design and
construct underground stormwater detention systems in the City of Fort Collins. Ordinance No.007, 2016,
updates the current Low Impact Development (LID) criteria. The two policies are consistent with sustainability
goals for the City of Fort Collins which center on three themes: innovate, sustain and connect. The adoption of
these updated policies will allow for more efficient use of space, thus allowing the City to meet its sustainability
goals, provide innovative design flexibility for new development that will enhance community affordability and
livability, and allow a more compact development pattern in Fort Collins enhancing connectivity and reducing
sprawl.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Updated Underground Detention Policy
The City of Fort Collins adopted an updated Stormwater Criteria Manual (Manual) on December 20, 2011 (Ord.
No. 174, 2011), adopting by reference certain portions of the Urban Storm Drainage Criteria Manual, 2001
Edition published by the Denver Urban Drainage and Flood Control District, a widely applied and referenced
set of storm water-related standards along with a separately codified set of extensive amendments
customizing the standards, policies and practices of the Urban Drainage Manual for use in Fort Collins (“Fort
Collins Amendments”), all as set forth in City Code Section 26-500. Unless an amendment to the Manual is a
purely technical revision in nature, modification of the Fort Collins Amendments must be approved by City
Council. The Utilities Executive Director may otherwise approve limited technical revisions to the Manual.
10
Packet Pg. 326
Agenda Item 10
Item # 10 Page 2
Currently, under the City Code and the Manual, underground detention is only allowed at the discretion of the
Utilities Executive Director as an exception, with such approval subject to separate construction, operation,
and maintenance conditions. The City can advance the interest of its Stormwater Utility customers and
facilitate development in the community by adjusting the current underground detention policy in the Manual to
recognize an explicit set of system criteria that ensure construction and maintenance of such systems are
conducted in a consistent, safe, maintainable, and effective manner.
Purpose and Benefits of Underground Detention
The need to revise the policy involving underground detention facilities arose in conjunction with adoption of
the Low Impact Development (LID) Policy by the City in March 2013. The LID policy is aimed at encouraging
sustainable practices in stormwater management. LID practices, sometimes also referred to as “Green
Infrastructure” (GI), generally encourage infiltration of runoff to reduce volume and improve water quality.
LID or GI is a comprehensive land planning and engineering design approach to managing stormwater runoff
with a goal of replicating natural systems that existed prior to development. LID techniques treat and control
stormwater at its source, thereby reducing the need for large structures or end-of-pipe treatment.
Since LID practices encourage infiltration systems, prohibition of underground detention is contrary to that
goal, which has led to the current proposed update to the underground detention policy.
Proposed Underground Detention Policy
The proposed underground detention policy is intended for use only where surface detention is deemed
impracticable. When applicable, the proposed policy allows underground detention under the following
conditions:
It must be safe, i.e., it must not cause flooding to nearby public or private property
It must be efficient, i.e., it must provide effective water quality treatment.
It must be accompanied by an approved Standard Operations Procedures (SOPs) manual that will
ensure appropriate maintenance practices are followed by all owners of the facility
It must have a gravity driven outfall system
It must be relatively small in volume, i.e., not exceed 1 acre-foot
It must preserve downstream water rights
It must be inspected regularly
It must be designed with maintenance in mind
It must comply with all other technical criteria as specified
Updated Policy Development Process
The underground detention policy was developed after extensive consultation in coordination with practicing
stormwater engineering and development professionals in the City of Fort Collins. The City’s Water Board
reviewed the proposed policy at its regular meeting on November 19, 2015, and voted unanimously to
recommend City Council adopt the updated policy, including additional technical criteria specified by the
Board. (Attachment 1).
Updated Low Impact Development Criteria
As discussed above, an element of the integrated stormwater management system established under the Fort
Collins Stormwater Criterial Manual is the application of LID criteria to facilitate distributed and landscaping-
based stormwater runoff management. In conjunction with the updated underground detention policy, staff has
recommended the LID criteria set forth in Section 3.1 of Volume 3, Chapter 2, Paragraph K of the Fort Collins
Amendments be clarified as to when they are applied.
10
Packet Pg. 327
Agenda Item 10
Item # 10 Page 3
The focus of the updated criteria is to clarify that LID techniques need to be applied on any newly developed or
redeveloped site and any modification of impervious area on a previously developed site for which a
development construction permit is required under City codes and regulations.
Background
Fort Collins Utilities staff has met with the Chamber of Commerce and representatives from the development
community and engineering consultants to consider updates to the LID Policy in response to concerns raised
to City Council and the Chamber of Commerce in the last several months. Meeting summary notes from the
Chamber presentation are appended as Attachment 3. Staff also engaged community roundtables on
November 18 and December 16, 2015, after which further revisions were made to the proposed LID Policy
update (see Roundtable summary memo, Attachment 2). The main concern presented to staff during these
engagements has been the high initial cost for the permeable pavement component of the existing policy.
The current LID Policy was adopted in February 2013 and has been in effect since March 1, 2013. It is
outlined in Volume 3 Chapter 3 of the Fort Collins’ Stormwater Criteria Manual, as reflected in Attachment 4.
The current policy states: at least fifty percent (50%) of a site must be treated by an LID technique when a
minimum of twenty-five percent (25%) of the driving or parking area in parking lots is constructed with a
permeable pavement system that functions as an LID technique. An alternative compliance clause is also
included that allows variation from these standards when these conditions cannot be met due physical site
constraints, and an equal or better alternative is provided.
When the policy was first adopted in 2013, initial cost issues were considered; however, the decision to
proceed with the current regulations as stated in the policy were driven by life cycle costs analysis and
considerations which show that over the life cycle of the project the LID treatment type design tends to be
more economical than conventional solutions.
Proposed Policy
In response to development concerns, the City is proposing a revision to the LID criteria providing options that
offer a wider range of design solutions to better fit the type of development under consideration (i.e.
“greenfield” versus highly-developed infill).
The proposed policy will ensure the technologies used in the treatment of proposed developments are still in
concert with the City’s overall sustainability goals. Under the updated LID policy, three options would be
allowed:
Under the first option the required amount of LID treatment is increased from 50 to 75% of the new
development and redevelopment area and removes the permeable pavement requirement when a
75% LID treatment level is provided.
The second option allows the amount of LID treatment to remain at the currently required 50% level,
provided a permeable pavement system is constructed on at least 25% of the drivable pavement area
in any development. This option was added to encourage this type of technology when space
constraints do not allow for a higher level of LID treatment and encourages the dual use of parking lots
as a usable development area as well as a water quality treatment component. It is also based on
studies that show that permeable pavement in general provides a higher level of pollutant removal
rates.
The third option maintains the alternative compliance option that allows the Utilities Executive Director
to vary some of the requirements when site engineering constraints do not allow the for the
construction of LID techniques as prescribed in the first two options. This allows for a staff level
interpretation of the LID regulations, as long as an “equal or better” level of water quality treatment is
deemed to be achieved and increases the level of flexibility in how that level is accomplished. This is
an important consideration when designing an LID treatment system because site conditions often
dictate what can be constructed based on constraints unique to each site.
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Agenda Item 10
Item # 10 Page 4
This LID Policy update taken in conjunction with the Underground Detention Policy update will provide an
incentive for developers to use pervious pavement system as a water quality treatment option when land costs
are a major consideration.
BOARD / COMMISSION RECOMMENDATION
At its regular November 19, 2015 meeting, the Water Board considered staff’s recommendation regarding the
underground detention policy, and voted unanimously to recommend City Council adopt the updated policy,
including additional technical criteria specified by the Board. (Attachment 1).
At its December 17, 2015 meeting, the Water Board considered staff’s recommendation regarding the LID
updates and unanimously voted to recommend Council adopt the updated LID criteria for the Fort Collins
Stormwater Criterial Manual, with some suggested language changes. The Water Board’s suggested changes
and clarifications have been incorporated into the proposed ordinance language.
PUBLIC OUTREACH
Staff has met with Councilmembers, the Fort Collins Chamber of Commerce and representatives of the
development industry and design professionals (Attachment 3). A LID Policy Roundtable meeting was held on
November 18, 2015. Staff listened to concerns from the Chamber of Commerce on December 4, 2015 and
has responded to the issues that were brought up at that meeting.
After meeting with Roundtable participants again on December 16, 2015, staff made further revisions to the
LID Policy update based on those discussions (Attachment 2). Staff presented the revised LID policy for
Water Board review and discussion on December 17, 2015, at which time the Board recommended Council
approval of the revised policy. Staff intends to continue discussions with key stakeholders in the upcoming
months to work on further updates to the policy, if needed.
ATTACHMENTS
1. Water Board minutes, November 19, 2015 (draft) (PDF)
2. LID Policy Update Roundtable Discussion, November 18, 2015 (PDF)
3. Chamber of Commerce Discussion notes, December 4, 2015 (PDF)
4. Current LID Policy (PDF)
5. Water Board Minutes, December 17, 2015 (draft) (PDF)
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Excerpt from Unapproved Water Board Minutes – November 19, 2015
Underground Detention Policy Update
(Attachments available upon request)
Stormwater Quality Engineer Basil Hamdan of the Environmental Regulatory Affairs Division
gave an overview of underground detention policies in the City. Currently, underground
detention is only allowed on an exception basis and the Utilities Executive Director must
approve all requests. Staff intends to streamline the approval process by amending City policy to
adopt criteria that mirrors the City’s sustainability goals.
The proposed policy update intends to increase storage below grade through the adoption of
criteria that grants easier approval to design and construction of underground stormwater
detention facilities in the City of Fort Collins. As described in the presentation, underground
detention allows increase in detention of onsite runoff, without tying up additional surface area.
The intent of the underground detention policy is targeted toward smaller facilities, and should
not be the exclusive method of stormwater control on larger projects.
To be effective, underground detention structures must be maintained in accordance with
developed standard operating procedures. In order to address the maintenance requirements, the
new policy will require facilities with underground detention structures to inspect their own
facilities twice per year. The City will visually inspect all structures approximately every two
years for proper operation. Staff feels this is an appropriate mechanism to control stormwater and
wants to place into City Code.
Highlights of the Discussion
A board member sought clarification on the types of impervious areas that will be
targeted with the policy update. Mr. Hamdan replied that it will generally be parking
areas and other areas that must maximize the available surface area, without storing water
above ground.
A board member inquired about the maintenance required with underground detention
structures. Mr. Hamdan indicated that maintenance and operations procedures
recommend cleaning and vacuuming on a six-month schedule that will be required in the
new regulations.
A board member inquired if the life-cycle of underground storage structures were less
than other above ground structures. It was communicated that the stability and durability
of the systems is high, which allows long life spans of the structures.
Freezing and thawing is not an issue due to the design of the system and the associated
porous nature of the structure and air movement.
A board member identified a concern regarding potential of system degradation due to
excessive use. Staff emphasized the importance of maintenance and reiterated that
maintenance standards will be built into the regulations and must be followed to ensure
an effective structure.
Approximately every two years, Utilities staff will conduct a visual inspection to evaluate
the effectiveness of the drainage structure. In addition, as part of the standard operating
procedures, the facility must inspect their own facilities twice per year.
There have been 20 to 30 approvals of underground storage structures in recent history.
ATTACHMENT 1
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Attachment: Water Board minutes, November 19, 2015 (draft) (3870 : Underground Detention and Low Impact Development Policy Updates)
A board member sought assurances that any new policies associated with underground
detention structures will be vetted through the Water Board and City Council. As
described by Mr. Hamdan, all policy changes require Water Board and City Council
approval. Future technical aspects can be changed administratively through Utilities staff
approval.
A board member inquired if mosquitoes were a concern with underground detention
structures. Due to the 72-hour detention maximum, and lack of standing water,
mosquitoes are not an issue.
A board member recommended that any violations requiring corrective measures to a
structure be consistent with City code. Previous corrective measures with a time
stipulation have led to discussion among the Water Board in the past.
A board member recommended that the overarching guidance regarding underground
storage structures be presented with the materials for ease of understanding.
Board Member Brian Brown moved that the Water Board recommend City Council
approve the Underground Detention Criteria Policy amendment to the Stormwater
Criteria Manual.
Board Member Phyllis Ortman seconded the motion. There was no discussion.
Vote on the motion: The motion passed unanimously, 8-0.
10.1
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Attachment: Water Board minutes, November 19, 2015 (draft) (3870 : Underground Detention and Low Impact Development Policy Updates)
ATTACHMENT 2
10.2
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Attachment: LID Policy Update Roundtable Discussion, November 18, 2015 (3870 : Underground Detention and Low Impact Development Policy
10.2
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Attachment: LID Policy Update Roundtable Discussion, November 18, 2015 (3870 : Underground Detention and Low Impact Development Policy
Chamber Dec. 4
LIDs
x What are the challenges costs, such as soil replacement present both pros and cons
x Being paired with streetscape standards lids got lost with the other efforts recommend a more
singular focus with LID is it part of streetscape thus paired with other sustainable efforts and did
not receive the focus necessary
x Pigeon hole terminable pavers, other options allow permeability why not allow other types of
terminable.
x Why isn’t the city putting in permeable pavers on roadways as well?
x Brower county some major arterials have pavers at intersections.
x Why pavers in urban densely populated areas only – up for discussion
x What is life span of pavers, such as spaulding assume same problems in parking lots
x What is average life of concrete is about 10 years; pavers parking lot lifespan 25 years with
maintenance
x Every 6 months to vacuum for maintenance of pavers
x Spreadsheet that shows costs side by side to LLAC
x Cost to use machine on square foot basis about $500 twice a year with vehicle; City will allow
using machine
x Does it remove gravel or just dirt; mostly just dirt
x Rule has passed any thought given to incentivizing, would a developer want to put in versus
detention was there a reason we had to make them a law? Are they not that good so we
mandated.
x Changing regulations to have more flexibility does not have to be technology developers
provided more flexibility. Convening panel of experts to discuss options to modify LIDs.
Relaxing regulations when in economic benefit. No money other breaks within development
city does not need to pay for projects just more other benefits in other aspects of the
development
x Basic reason is water quality what is difference of quality of output using non-permeable versus
requiring pavers significant of water does it matter if soaks in immediately versus retention
improvement from 15% increase benefit but increasing cost 2 times
x Slide 7 where are the mandatory percentages come from? question the percentage with less
than 50% mandate for the benefit be flexible with percentages going forward to meet water
quality need
x System works better with soil types so when discuss paver’s costs look at what other treatments
must be done to soils additional costs preparing for pavers. Filter water before SW system
treating on-site versus at treatment facility.
x Whether cheaper to treat in regional versus individual development
x CSU monitoring copy of report email to ANN
ATTACHMENT 3
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Attachment: Chamber of Commerce Discussion notes, December 4, 2015 (3870 : Underground Detention and Low Impact Development Policy
x Cleaning every six months how regulated new City employee – there are three year inspections
performed from employee. Oil spills, containments dropped or leaked monitoring direct to rip
out and redo
x Further opening dialogue of next steps adjust as needed what is present and future right sizing
regulations
x Old town already developed already maximized the impermeable surface, why reduce demand
if impermeable surface is maximized?
x What are the next steps for continued feedback from public want to be part of solutions –
guideline booklet/toolkit suggestions or requirements your option to how to meet.
performance based achieve results of better water quality/permeability
x Performance based are guidelines include specific tactics to achieve per existing regulations
x If considering relaxing 25% targets how handle current in cue for approval or under construction
in March, April, May – enforce City Code today. If approved in February project in April redesign
to meet modified City Code if have not resubmit as a minor amendment. Revise construction as
a minor amendment If approved plan start processing amendment soon but may not pass
x Contractor south Florida pavers issues image not interlocking pavers; interlocking pavers butt
abut against each other seems to be a lot less O&M moving forward pavers have O&M last piece
soil conditions vary quite bit. Soil test to engineering firm no run off to adjoining properties. Do
not broad stroke this situation
x Focus on outcome
x Open to make comments at Water Board
x The cost of doing this solution raises the initial cost then raises the permit fee consider fee to
incentive solution from clients and developers
x Charge costs water costs if systems not maintained SW runoff not happening should be fairly
easy to track LID technology ahead of maintenance
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Attachment: Chamber of Commerce Discussion notes, December 4, 2015 (3870 : Underground Detention and Low Impact Development Policy
Volume 3, Chapter-3 - Calculating the WQCV and Volume Reduction
(1) Section 1.0 is amended to read as follows:
1.0 Introduction
This chapter presents the hydrologic basis and calculations for the Water Quality Capture Volume
(“WQCV”) and discusses the benefits of attenuating this volume. This chapter also describes various
methods for quantifying volume reduction when using LID practices. Use of these methods should begin
during the planning phase for preliminary sizing and development of the site layout. The calculations and
procedures in this chapter allow the engineer to determine effective impervious area, calculate the
WQCV, and more accurately quantify potential volume reduction benefits of BMPs.
(2) Section 2.4 is deleted in its entirety.
(3) A new Section 3.1 is added, to read as follows:
3.1 Low Impact Development (LID) Criteria
Once the WQCV has been calculated in accordance with the specifications of Section 3.0 of this chapter
the total WQCV must be treated by one or more of the methods outlined in Volume 3, Chapter 4,
Treatment BMPs. In addition, the requirements set forth below in this section, referred to as Low Impact
Development (LID) Criteria must be met. For the purposes of this section, the LID methods and
techniques described in Volume 3, Chapter 1, Section 4.1, Runoff Reduction Practices, together with any
methods or techniques determined by the Executive Director to be functionally equivalent, shall be
considered LID techniques.
(a) The LID Criteria are as follows:
(1) No less than fifty percent (50%) of any newly added impervious area must be treated using
one or a combination of LID techniques; and
(2) No less than twenty five percent (25%) of any newly added pavement areas must be treated
using a permeable pavement technology that is considered an LID technique.
(b) If, in the judgment of the Executive Director, one or more requirements of this section cannot be
met due to site engineering constraints, then a design alternative will be allowed, provided that
the design results in equal or better stormwater quality than would compliance with the otherwise
applicable requirement.
ATTACHMENT 4
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Attachment: Current LID Policy (3870 : Underground Detention and Low Impact Development Policy Updates)
From Unapproved Draft Minutes – December 17, 2015 Water Board
From Unapproved Draft Minutes – December 17, 2015 Water Board
Low-Impact Development (LID) Policy Update
(Attachments available upon request)
Stormwater Quality Engineer Basil Hamden and Water Utilities Engineering Manager Ken
Sampley presented a summary of the Low Impact Development (LID) Policy Update. LID is
green infrastructure that helps maintain historic flows and filter pollutants. The City plan calls
for a specific prescriptive approach that should be updated. The new recommendations come
from a data-driven approach that involved multiple pilot projects. The main benefits are more
efficient use of space, improved water quality, resiliency, improved groundwater recharge,
reduced energy demand, and enhanced property values and aesthetics.
Key Goals
x Provide a more flexible performance measures instead of just technology restrictions
x Respond to initial cost issues
x Clarify terminology
Current Key Regulations
x Minimum of 50% of new impervious surfaces must be LID-type device or technology
and 25% must be treated with pervious pavement
x Or, new development must meet equal or better LID standard as judged by staff
(Alternative Compliance)
Key Changes to Regulations
(See Executive Summary)
x No less than 75% of new or redeveloped area impervious surfaces must be LID-type device
or technology
x Or, No less than 50% of new or redeveloped area impervious surfaces must be LID-type
device or technology when permeable pavers are 25% of drivable land cover
City Council adoption is expected in January 2016 with continued outreach throughout the year.
Discussion Highlights
x A board member suggested using “at least as much as” “instead of “no less than.”
x A board member suggested making these codes more accessible.
x A board member expressed concern that a small driveway using pavers will reduce the
LID requirements from 75% to 50% even though the pavers will do very little. This may
be a loophole for developers.
ATTACHMENT 5
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Attachment: Water Board Minutes, December 17, 2015 (draft) (3870 : Underground Detention and Low Impact Development Policy Updates)
From Unapproved Draft Minutes – December 17, 2015 Water Board
x A board member suggested changing “private development property.”
x Water Engineering Field Operations Manager Jon Haukaas expressed the idea that this is
a policy, and not a bright-line rule for each case, thus it contains additional flexibility and
broadness.
Board Member Brian Brown moved that the Water Board recommends that Council
approve an update to the low impact development (LID) policy to allow more flexibility in
how the LID criteria can be met in accordance with Attachment Two and amended per the
Water Board discussion.
Board Member Kent Bruxvoort seconded the motion.
Vote on the motion: It passed unanimously, 11-0.
10.5
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Attachment: Water Board Minutes, December 17, 2015 (draft) (3870 : Underground Detention and Low Impact Development Policy Updates)
ORDINANCE NO. 006, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
AND THE FORT COLLINS STORMWATER CRITERIA MANUAL
TO MODIFY THE CRITERIA FOR UNDERGROUND DETENTION SYSTEMS
WHEREAS, on December 20, 2011, the City Council adopted Ordinance No. 174, 2011,
which amended certain sections of Chapter 26 of the City Code and adopted a set of technical
criteria governing the design and performance of stormwater improvements and related practices
by adopting by reference certain portions of the Urban Drainage and Flood Control District
(“UDFCD”) Criteria Manual, 2001 Edition, published by the Denver Urban Drainage and Flood
Control District, as modified by the Fort Collins Amendments, also adopted by Ordinance No.
174, together referred to and codified as the Fort Collins Stormwater Criteria Manual (the
“Manual”); and
WHEREAS, the Manual, including the separately codified Fort Collins Amendments, has
been modified from time to time by limited technical revisions adopted administratively by the
Utilities Executive Director and filed with the City Clerk as authorized by in City Code Section
26-500; and
WHEREAS, as adopted with the Fort Collins Amendments, the Manual currently
prohibits underground detention as a stormwater management practice, except upon special
review and exception granted at the discretion of the Utilities Executive Director; and
WHEREAS, as part of recent reviews of the City's Municipal Separate Stormwater
System, and in an effort to align the Manual with Low Impact Development policies adopted by
City Council in March 2013, City staff has developed a new amendment to the Manual that
establishes detailed underground detention system criteria (“UDS amendment”); and
WHEREAS, the purpose of the UDS amendment is to facilitate appropriate use of
underground stormwater detention as a best management practice, ensuring predictable, safe,
maintainable, and effective construction and maintenance of such systems; and
WHEREAS, the UDS amendment was presented to the Water Board at its November 18,
2015, regular meeting, and the Board voted unanimously to recommend City Council adoption
of the amendment; and
WHEREAS, the City Council finds that amending the Manual to facilitate predictable
and appropriate construction and maintenance of underground stormwater detention systems,
based on documented review criteria, benefits the City’s citizens and Stormwater Utility
customers by creating a regular process to accommodate such systems.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings set forth in recitals above.
Section 2. That Paragraph 4.16 of Volume 2, Chapter 10, Section H of the Fort
Collins Amendments, which is a component of the Fort Collins Stormwater Criteria Manual, is
hereby amended to read as follows:
4.16 Underground Detention
4.16.1 Policy
The use of structural underground detention is generally discouraged, except when the criteria set
forth in 4.16.2 are satisfied. Underground BMPs should not be considered for detention storage
when surface-based systems are practicable. For most areas of new urban development or
significant redevelopment, it is feasible and desirable to provide the required storage on the
surface. The responsible partysystem owner must demonstrate that surface-based detention or
other BMPs have been thoroughly evaluated and found to be infeasible before an underground
system is proposed. In the event where If an underground storage system is proposed, a system
owner must seek approval of such a system by written request for approval of such a system
must be submitted by the Owner describing the system in detailing. Tthe Utilities Executive
Director, who may approve such a system upon a determination that the requirements of this
4.16.2 provision have been met are satisfied and that no adverse impacts are expected to result
from the proposed system. For any underground detention, runoff must flow through a pre-
treatment facility before it enters the underground detention facility. A standard operating
procedures manual must be submitted and approved by the City for all underground facilities. A
final copy of the approved standard operating procedures manual must be provided to City and
must be maintained on-site by the entity responsible for the facility maintenance. Annual reports
must also be prepared and submitted to the City discussing the results of the maintenance
program (i.e. inspection dates, inspection frequency, volume loss due to sedimentation,
corrective actions taken, etc.)
4.16.2 Underground Detention Criteria.
The purpose of this subsection is to set forth technical criteria to be utilized for the use of
underground stormwater detention as a structural BMP to meet water quality and/or
stormwater runoff detention requirements.
(a) All systems.
Any proposed underground stormwater detention system, including gravel
reservoirs in porous interlocking concrete pavement (PICP) systems and
chambers or pipes, shall satisfy the following design and operating criteria:
1. The system owner shall provide to the City a Standard Operating
Procedures (SOPs) Manual detailing the operation and maintenance of the
proposed system. The SOPs Manual must comply with approved and
updated operational and maintenance procedures maintained by the City
for different types of underground detention systems. The SOPs Manual
must be submitted to and approved in written form by the Utilities
Executive Director prior to system approval and operation. A final copy of
Packet Pg. 340
the approved SOPs Manual must be maintained on-site by the party
responsible for facility maintenance. Annual reports must be prepared and
submitted to the City detailing the results of the maintenance program (i.e.
inspection dates, inspection frequency, volume loss due to sedimentation,
corrective actions taken, etc.);
2. Runoff must flow through a pre-treatment facility before it enters the
underground detention system;
3. A gravity outfall is required at the invert, i.e. lowest point, of the
underground detention system;
4. An observation well is required at the downstream end with a perforated
stand pipe, as well as a redundant overflow inlet located in a sump
condition. The redundant inlet must be designed with pre-sedimentation
control at the upstream end of the inlet;
5. The water table level must be documented to be at least one foot (1’)
below reservoir bottom during the high groundwater period of the calendar
year;
6. Where underdrain drainage systems are needed, due to underlying soil
conditions, the underdrain pipe diameter shall be at least eight inches (8”).
Underdrain cleanouts are required at all changes in direction or elevation
locations. If the minimum underdrain size (8”) results in a release rate
larger than allowed under this Manual, a restrictor plate must be added at
the point of outflow;
7. Potential lateral movement of detained storage water outside the limits of
the detention storage reservoir must be controlled, accounted and designed
for in a manner that ensures the structural integrity of adjacent structures
and infrastructure;
8. Infiltration testing must be performed during installation of open
bottom/infiltrating systems, after excavation is complete and before rock
placement in reservoir. These results must be submitted to the City and
approval obtained before commencement of construction activities on the
underground detention facility(ies). If the underground detention reservoir
is intended to allow for infiltration, the bottom of the reservoir must be
protected during construction to minimize compaction;
9. Annual visual inspection is required for all underground detention
systems. Documentation verifying inspection and performance must be
provided to the City within four (4) weeks after completion of annual
inspection. These inspection reports must be filed and available at the City
of Fort Collins Utilities office;
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10. The underground detention system owner must submit for review a deed
restriction on the affected real property, incorporating the SOPs and
penalties specified for lack of performance. SOPs must be included in the
site’s Development Agreement, as well as in the deed restriction, subject
to review by the City Attorney’s Office. The deed restriction must
provide for the continued, long term operation and maintenance of the
underground detention system by subsequent owners of the affected
property and must be fully executed by the owners of the affected property
and recorded prior to system approval and operation; and
11. The deed restriction must also provide that if the City deems that the
underground detention system is not being maintained in accordance with
the SOPs specified in the deed restriction, and the system owner has been
given written notice and at least ten (10) days to cure and has not done so,
the City shall have the right of entry to the property in order to maintain
the system. The City may then charge the owner the time and material
costs incurred by the City to take corrective action and maintain the
system, in addition to any administrative costs incurred by the City.
(b) Detention reservoirs located in gravel void spaces of PICP systems.
In addition to the criteria set forth in 4.16.2 (a), the following additional criteria
apply to any Porous Interlocking Concrete Pavement (PICP) system with a gravel
layer void space:
1. The maximum water quantity detention volume allowed in the subsurface
void space is the greater of 0.2 acre-feet or 20% of the total water quantity
and water quality detention required. The maximum total detention storage
volume to be accounted for in the void space of gravel reservoirs shall be
less than 1.0 acre-foot. Additional storage volume is allowed in chambers
or pipes or a combination of all the system methods;
2. The material specified in the reservoir storage layer must comply with
ASTM Number 2 specifications for rock aggregate, or an alternate
approved in writing by the Utilities Executive Director. A 30% ratio for
available storage volume in the reservoir layer must be used in volume
calculations in order to account for potential sedimentation;
3. A minimum 13,500 pound-force vibratory plate compactor with a
compaction indicator and/or a minimum 10-ton vibratory roller must be
used to compact the system;
4. A PICP parking lot surface must be designed with a minimum 0.5% slope.
All systems must be designed to account for volume detained based on the
physical site characteristics and the ability of the system to intercept that
volume; and
Packet Pg. 342
5. Maintenance vacuuming must be performed in accordance with the
approved SOPs for the system. Any infiltration test on the system must be
done in accordance with ASTM C1781. Surface infiltration testing
locations must be indicated on a site map provided to the City pursuant to
Section 4.16. If testing shows an average infiltration rate in excess of one
hundred inches per hour (100”/hr.), vacuuming may occur at six month
intervals. In no instance shall a system be vacuumed less than once each
calendar year.
(c) Detention storage in chambers or pipes.
In addition to the criteria set forth in 4.16.2 (a), the following additional criteria
apply to any storage system using underground chambers and/or pipes:
1. All chambers or pipes must be placed with a minimum slope of 0.2%;
2. Maintenance access must be provided at point of inflow and point of
outflow into the system. The access must be such that it would allow
human access to inspect the functioning of the storage;
3. All pipes or chambers must be vacuum truck accessible through manholes;
4. An underdrain system is recommended for open bottom chambers if the
soil underlying the storage reservoir does not consist of either Type A or
Type B soils;
5. The minimum pipe size allowed for detention in pipes is fifteen inches
(15”);
6. The structural system capacity must be designed to support AASHTO
HS20 (fire truck) loading, as well as anticipated lifetime AASHTO 18,000
lb. equivalent single axle loads (ESALs); and
7. The system must be inspected at least once every five (5) years using
remote video technology. A written record of this inspection must be
submitted to the Utilities Executive Director.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 19th day of January, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 007, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
AND THE FORT COLLINS STORMWATER CRITERIA MANUAL
TO MODIFY PROVISIONS IMPLEMENTING
LOW IMPACT DEVELOPMENT PRINCIPLES
WHEREAS, on December 20, 2011, the City Council adopted on second reading
Ordinance No. 174, 2011, amending certain sections of Chapter 26 of the City Code to adopt a
set of technical criteria governing the design and performance of stormwater improvements and
related practices, referred to as the "Fort Collins Stormwater Criteria Manual"; and
WHEREAS, the Fort Collins Stormwater Criteria Manual consists of certain portions of
the Urban Storm Drainage Criteria Manual, 2001 Edition published by the Denver Urban
Drainage and Flood Control District (the "Urban Drainage Manual"), a widely applied and
referenced set of storm water-related standards adopted by reference, and a separately codified
set of extensive amendments customizing the standards, policies and practices of the Urban
Drainage Manual for use in Fort Collins (the “Fort Collins Amendments”), all as set forth in
Section 26-500 of the City Code; and
WHEREAS, the Fort Collins Stormwater Criterial Manual, including the separately
codified Fort Collins Amendments, has been modified from time to time by limited technical
revisions adopted administratively by the Utilities Executive Director and filed with the City
Clerk, as authorized by Section 26-500 of the City Code; and
WHEREAS, one element of the integrated, sustainable stormwater management system
established under the Fort Collins Stormwater Criterial Manual is the use of low impact
development (“LID”) criteria to require and encourage more distributed and landscaping-based
stormwater runoff management and control relying on filtration and infiltration to treat and
manage stormwater runoff; and
WHEREAS, staff has recommended that the LID criteria set forth in Section 3.1 of
Volume 3, Chapter 2, Section K of the Fort Collins Amendments be amended to clarify the Low
Impact Development Criteria set forth therein; and
WHEREAS, the City’s Water Board considered staff’s recommendation at the Board’s
regular meeting on December 17, 2015, and voted to recommend City Council adopt such
amendments to the LID criteria in the Fort Collins Stormwater Criteria Manual; and
WHEREAS, Council has determined that the adoption and implementation of this
Ordinance amending the LID criteria set forth in the Fort Collins Amendments to the Urban
Drainage Manual will promote the purposes of the Stormwater Utility and the City and will
further facilitate the holistic and integrated management of stormwater in Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 3.1 of Volume 3, Chapter 2, Section K of the Fort Collins
Amendments, which is a component of the Fort Collins Stormwater Criteria Manual, is hereby
amended to read as follows:
3.1 Low Impact Development Criteria
Once the WQCV has been calculated in accordance with the specifications of Section 3.0
of this chapter, the total WQCV must be treated by one or more of the methods outlined
in Volume 3, Chapter 4, Treatment BMPs. In addition, the requirements set forth below
in this Section, referred to as Low Impact Development (LID) Criteria, must be met. For
the purposes of this Section, the LID methods and techniques described in Volume 3,
Chapter 1, Section 4.1, Runoff Reduction Practices, together with any methods or
techniques determined by the Utilities Executive Director to be functionally equivalent,
shall be considered LID techniques.
(a) The LID Criteria are as follows:
(1)(a) No less than fifty percent (50%) seventy five percent (75%) of any
newly added impervious area developed or redeveloped area, and
any modification on a previously developed area for which a
construction permit is required under City codes and regulations,
must be treated using one or a combination of LID techniques.; and
or
(2)(b) No less than twenty five percent (25%) fifty percent (50%) of any
newly added pavement areas developed or redeveloped area, and
any modification on a previously developed area for which a
construction permit is required under City codes and regulations,
must be treated using a permeable pavement technology that is
considered an LID technique one or a combination of LID
techniques, when a permeable pavement area covering at least
twenty five (25%) of the drivable surface area on private
development property is constructed as one of the components of
the LID treatment techniques used on that site.
(b)(c) If, in the judgment of the Utilities Executive Director, one or more
requirements of this Section cannot be met due to site engineering
constraints, then a design alternative will be allowed, provided that
the design results in equal or better stormwater quality than would
compliance with the otherwise applicable requirement.
Packet Pg. 346
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 347
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Heidi Phelps, CDBG/HOME Program Administrator
SUBJECT
First Reading of Ordinance No. 008, 2016, Authorizing the Release of a Covenant on the Murphy Center
Property.
EXECUTIVE SUMMARY
The purpose of this item is to release a covenant that is no longer needed following the loan payoff and
Release of Deed of Trust for the Community Development Block Grant (CDBG) Public Facility project
regarding the Sister Mary Alice Murphy Center for Hope.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2004, United Way of Larimer County, representing a group of larger community interests, was awarded a
$70,500 Community Development Block Grant (CDBG) loan towards the purchase of land, which would
eventually support the Sister Mary Alice Murphy Center for Hope. The loan was granted subject to a Recipient
Contract for Community Development Block Grant Funding and was secured by a promissory note and deed
of trust. The terms of the deed of trust required the loan to be repaid if the property was ever sold. Although
United Way acted as the fiduciary agent and interim property owner, it contracted out daily operations of the
facility to another agency, SummitStone (formerly TouchStone) Health Partners. Touchstone was responsible
for oversight until June 2013, when United Way transferred the property to Serve 6.8, a local faith-based
organization, which also assumed responsibility for daily operations.
When United Way conveyed the Murphy Center property to Serve 6.8, the City allowed Serve 6.8 to assume
the loan on the property rather than require it to be repaid. As a condition of permitting Serve 6.8 to assume
the loan, the City required Serve 6.8 to sign a Memorandum of Understanding and Covenant that required
Serve 6.8 to use the property only for serving those experiencing homelessness or at risk for becoming
homeless, and providing only services meeting CDBG requirements. The covenant also required the consent
of the City and United Way for any future transfers of the property.
Serve 6.8 transferred the property to Murphy Center LLC, an entity formed by Bohemian Foundation, on
December 6, 2015, with the City's consent, after Serve 6.8 redirected its mission towards serving under-
resourced community members through a more preventive framework at another facility. At present,
Bohemian Foundation is leasing the facility to Homeless Gear, the agency overseeing daily operations.
Community partners such as Catholic Charities, Neighbor to Neighbor, and others, continue to provide direct
service to clients at the Murphy Center facility. As part of this transfer, the City's loan was paid off and the City
now wishes to release the property from the covenant. Because a covenant is an interest in real property, City
Council's authorization is required to release the covenant.
11
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Agenda Item 11
Item # 11 Page 2
CITY FINANCIAL IMPACTS
A loan payoff and subsequent release of Deed of Trust occurred. The loan payoff returns $74,025 to the City
in CDBG Program Income. Those funds will be primarily available for allocation to a successful affordable
housing proposal through the 2016 Spring Competitive Process.
The release of the Memorandum of Understanding and Covenant will also relieve the City of staffing costs
associated with the long-term monitoring and compliance requirements attached to oversight of the federal
loan for this project.
BOARD / COMMISSION RECOMMENDATION
This action is a housekeeping item and does not require board or commission recommendation.
11
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ORDINANCE NO. 008, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE RELEASE OF A COVENANT ON
THE MURPHY CENTER PROPERTY
WHEREAS, in 2004 the City of Fort Collins and United Way of Larimer County
(“United Way”) entered into a Recipient Contract for Community Development Block Grant
(“CDBG”) Funding (the “Contract”) for the acquisition of land described as Lot 2, A Minor Sub
of Conifer Industrial Park (the “Conifer Property”), as the future site of a facility now known as
the Sister Mary Alice Murphy Center for Hope (“the Murphy Center”); and
WHEREAS, the Contract provided for a distribution by the City to United Way of a due
on sale loan in the amount $70,500, plus 5% simple interest on the principal (the “Loan”), made
available to the City from the United States Government under Title I of the Housing and
Community Development Act of 1974, and secured by a Promissory Note and Deed of Trust in
favor of the City on the Conifer Property dated January 21, 2005; and
WHEREAS, in 2007 the Conifer Property was replatted, and the City agreed to release
the 2005 Promissory Note and Deed of Trust in exchange for a new Promissory Note and Deed
of Trust dated August 21, 2008, encumbering a portion of the former Conifer Property described
as Lot 2, United Way Housing Services Day Center (the “Murphy Center Property”); and
WHEREAS, in 2013, with the City’s consent and cooperation, United Way transferred
the Murphy Center Property to Serve 6.8, a Colorado nonprofit corporation (“Serve 6.8”); and
WHEREAS, as part of this transfer the City permitted Serve 6.8 to assume the Loan and
the Contract from United Way, on condition that Serve 6.8 execute a Memorandum of
Understanding and Covenant, a copy of which is attached hereto as Exhibit “A” and incorporated
herein by reference (the “Covenant”); and
WHEREAS, the purpose of the Covenant was to help the City ensure that Serve 6.8
complied with the federal requirements associated with the Contract and Loan by requiring Serve
6.8 to use the Murphy Center Property solely for the purpose of case management and a range of
related services for community members who are experiencing homelessness, or who are at risk
of becoming homeless, with a majority (51%) of clients being provided direct services falling
below 80% of local Area Median Income, and 100% of the services provided being CDBG-
eligible, public service activities as described in 24 CFR 570.201(e); and
WHEREAS, the Covenant also says that SERVE 6.8 may not allocate office or
administrative space at the Murphy Center to any entity other than the entity responsible for
daily operations of the Murphy Center, or agencies providing on-site, direct services to clients,
nor permit the use of such space for any purpose other than the daily operation of the Center or
the provision of allowable, on-site direct services, and it requires the consent of the City and
United Way to any future transfers of the Murphy Center Property; and
Packet Pg. 350
WHEREAS, on December 6, 2015, Serve 6.8, with the City’s consent, transferred the
Murphy Center Property to Murphy Center LLC, a new, single-member LLC formed by the
Bohemian Foundation (the “LLC”); and
WHEREAS, as part of the conveyance by Serve 6.8 the Loan was paid off, the 2008
Deed of Trust on the Murphy Center Property was released, and the Contract terminated; and
WHEREAS, because the requirements of the Loan and the Contract no longer apply to
the Murphy Center Property, the LLC would like the City to release the Covenant, as it is an
interest in real property that encumbers the LLC’s title to the Murphy Center Property; and
WHEREAS, City staff has no objection to releasing the Covenant as its purpose has been
served, and removing the Covenant will relieve City staff from the time and cost associated with
monitoring the LLC for compliance with the requirements of the Covenant; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
City Council first finds, by ordinance, that such sale or other disposition is in the best interests of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City’s release of the Covenant
on the Murphy Center Property as described herein is in the best interests of the City.
Section 3. That the City Manager is hereby authorized to execute a release of the
Covenant in a form that the City Manager, in consultation with the City Attorney, determines is
necessary or appropriate to protect the interests of the City and effectuate the purposes of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 351
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 352
EXHIBIT A
1
Packet Pg. 353
Attachment: Exhibit A (3944 : Murphy Center Property Covenant ORD)
1
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Attachment: Exhibit A (3944 : Murphy Center Property Covenant ORD)
1
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Attachment: Exhibit A (3944 : Murphy Center Property Covenant ORD)
1
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Attachment: Exhibit A (3944 : Murphy Center Property Covenant ORD)
1
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Attachment: Exhibit A (3944 : Murphy Center Property Covenant ORD)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Tawnya Ernst, Real Estate Specialist III
John Stokes, Natural Resources Director
Mark Sears, Natural Areas Program Manager
SUBJECT
First Reading of Ordinance No. 009, 2016, Declaring Certain City-Owned Property on Running Deer Natural
Area as Road Right-of-Way.
EXECUTIVE SUMMARY
The purpose of this item is to declare a strip of property owned by the City as road right-of-way. The right-of-
way will be used for the construction of a new Boxelder bridge, stormwater improvements, and in the future for
the ultimate 4-lane configuration of East Prospect Road. The City owns parcels of property located at the
southwest corner of East Prospect Road and Southwest Frontage Road. The parcels are part of Running Deer
Natural Area. The City of Fort Collins Utilities and Engineering Departments are working in tandem on two
stormwater improvement projects in the area that are intended to eliminate the overtopping of Prospect Road
during large flood events in Boxelder Creek and to facilitate the eventual widening of Prospect Road to the
ultimate 4-lane configuration. Construction on the stormwater and Boxelder bridge improvements are
anticipated to begin in spring 2016 and will be completed late summer 2016. This Ordinance officially
establishes the portion needed for Prospect Road on the City’s property as public road right-of-way.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City owns parcels of property located at the southwest corner of East Prospect Road and Southwest
Frontage Road that are managed by the Natural Areas Department. The Utilities and Engineering
Departments are working on two stormwater improvement projects designed to reduce flooding hazards on
Prospect Road and to accommodate the future 4-lane configuration of Prospect Road. Construction is
anticipated to begin in the spring of 2016 and will be completed late summer 2016. Both projects are identified
on Attachment 1.
The Prospect Road Bridge Replacement Project is being directed by the Fort Collins Engineering Department.
The project is taking advantage of the proposed Prospect Road closure in mid-2016 associated with the
Boxelder Creek Outfall Project* to replace the failing Prospect Road Bridge at Boxelder Creek with a new
structure. The new structure will consist of two 14-foot wide by 5-foot high reinforced concrete box culverts
(RCBCs), will incorporate a “riparian habitat” crossing feature, and will accommodate the eventual widening of
Prospect Road to the ultimate 4-lane configuration. The proposed structure and eventual road widening work
will require road right-of-way on property managed by Natural Areas. As such, staff requests that the full area
of the ultimate improvement of Prospect Road be declared road right-of-way. The additional road right of way
on Running Deer Natural Area contains 1,924 square feet or 0.044 acres.
12
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Agenda Item 12
Item # 12 Page 2
*The Boxelder Creek Overflow Project, directed by the Fort Collins Utilities Department, is intended to
accommodate flows in excess of a 50-year flood event in Boxelder Creek, which historically would spill over
Prospect Road. An “overflow” channel will be constructed that will divert a significant portion of the flood flows
away from Boxelder Creek to a proposed Prospect Road culvert crossing structure. This project is part of a
wider regional project, the Boxelder Creek Flood Mitigation Project that is intended to address flood impacts in
the Boxelder Creek Basin which affect Timnath and Fort Collins.
CITY FINANCIAL IMPACTS
There is no financial impact to Natural Areas from this project. Engineering will pay the Natural Areas
Department $2,886 ($1.50/sq. ft. for 1,924 sq. ft.) for the value of the right-of-way and reimburse Natural Areas
for staff time involved in the project.
BOARD / COMMISSION RECOMMENDATION
This item was presented to the Land Conservation Stewardship Board (LCSB) on September 9, 2015. Eight of
nine board members were present and a majority (6-2) voted to recommend City Council approve the
dedication of road right-of-way for the Prospect Road bridge widening.
ATTACHMENTS
1. Project location map (PDF)
2. Land Conservation & Stewardship Board minutes, September 9, 2015 (PDF)
12
Packet Pg. 359
Environmental
Learning Center
Running Deer
Natural Area
E. Prospect Rd
Running Deer
Natural Area
!"`$
Right of Way
Project Area
Project Location Map
Attachment 1
12.1
Packet Pg. 360
Attachment: Project location map (3941 : Running Deer Natural Area ROW)
$WWDFKPHQW
12.2
Packet Pg. 361
Attachment: Land Conservation & Stewardship Board minutes, September 9, 2015 (3941 : Running Deer Natural Area ROW)
12.2
Packet Pg. 362
Attachment: Land Conservation & Stewardship Board minutes, September 9, 2015 (3941 : Running Deer Natural Area ROW)
12.2
Packet Pg. 363
Attachment: Land Conservation & Stewardship Board minutes, September 9, 2015 (3941 : Running Deer Natural Area ROW)
12.2
Packet Pg. 364
Attachment: Land Conservation & Stewardship Board minutes, September 9, 2015 (3941 : Running Deer Natural Area ROW)
ORDINANCE NO. 009, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY ON
RUNNING DEER NATURAL AREA AS ROAD RIGHT-OF-WAY
WHEREAS, the City owns certain parcels of property located at the southwest corner of
East Prospect Road and Southwest Frontage Road, which are part of Running Deer Natural Area
(the “City Property”); and
WHEREAS, as part of the eventual widening of Prospect Road, the City will need to use
a portion of the City Property, as more specifically described on Exhibit “A”, attached hereto and
incorporated herein by this reference, for new road improvements; and
WHEREAS, in order to establish a public record that this portion of the City Property is
intended for use by the City as right-of-way for a public roadway and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and such other related purposes as may now or in the future be
determined appropriate, staff recommends that the City Council declare such property to be
right-of-way; and
WHEREAS, the City’s Engineering Department would compensate the Natural Areas
Department $2,886 for the value of the property being converted to right-of-way and reimburse
Natural Areas for staff time involved in this project; and
WHEREAS, converting a piece of property owned by the City in fee simple to right-of-
way constitutes a conveyance of an interest in the property, as doing so creates certain public
rights in the property that would not otherwise exist on City-owned property; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of any interests in real property owned by the
City, provided the City Council first finds, by ordinance, that such sale or other disposition is in
the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby declares that the real property described on
Exhibit “A” shall constitute right-of-way for Prospect Road and related improvements, including
without limitation public utilities, pedestrian, transit and bicycle access and improvements,
landscaping, and such other related purposes as may now or in the future be determined
appropriate, and hereby finds that such declaration is in the best interest of the City.
Packet Pg. 365
Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes
effective in accordance with Article II Section 7 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 366
EXHIBIT A
Packe
Packe
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
John Voss, Controller/Assistant Financial Officer
SUBJECT
Resolution 2016-001 Adopting the City Fort Collins General Employees’ Retirement Plan as Amended and
Restated Effective January 1, 2016.
EXECUTIVE SUMMARY
The purpose of this item is to consolidate two amendments, one made in October 2012 and the other in
February 2013, to the 2012 Restated General Employees’ Retirement Plan (the Plan) into a newly restated
Plan, effective January 1, 2016.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Prior Amendments
Since the last restatement of the Plan in 2012, City Council has approved two amendments to the Plan. The
amendments were adopted to incorporate the technical changes related to military service of Plan members
and to change the make-up of the General Employee Retirement Committee.
History
The City created the Plan in 1971. The Plan is a defined benefit plan in which the retirement benefit is
determined by the number of years of service and the final average monthly compensation of the employee.
The Plan was closed to new participants, effective January 1, 1999. Since the Plan was first adopted, the City
has applied for and received tax qualified plan status from the IRS. By maintaining the tax-qualified status of
the Plan, members and beneficiaries do not have additional tax obligations until benefit payments are made.
Current Plan Participants
According to the January 1, 2015 actuarial valuation report, the Plan provides retirement benefits for
approximately 205 retirees and beneficiaries. The Plan has 113 active members and 113 former members
who have vested benefits.
CITY FINANCIAL IMPACTS
There are no significant financial or economic impacts associated with the adoption of this Resolution.
BOARD / COMMISSION RECOMMENDATION
At its meeting on December 10, 2015, the General Employees’ Retirement Committee recommended City
Council approve the January 1, 2016 restatement of the Plan.
13
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Agenda Item 13
Item # 13 Page 2
ATTACHMENTS
1. General Employee Retirement Committee minutes, December 10, 2015 (PDF)
13
Packet Pg. 370
General Employees Retirement
Committee
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
GENERAL EMPLOYEES’ RETIREMENT COMMITTEE
MINUTES – REGULAR MEETING
DECEMBER 10, 2015
1:15 – 3:00 P.M.
215 N MASON STREET – CONFERENCE ROOM 2A
COMMITTEE MEMBERS PRESENT: Angelina Sanchez-Sprague
Bill Switzer
Dave Cox
John Lindsay
John Voss
COMMITTEE MEMBERS ABSENT:
OTHERS PRESENT: Jenny Lopez-Filkins
Janie Appleton
Harold Hall
Nancy James
__________________________________________________________________________________
Meeting called to order at 1:19 p.m.
Approval of Minutes from November 12 and 23, 2015
Bill Switzer moved to approve the minutes from the November 12
th
and 23
rd
meetings,
with the correction of showing John Lindsay attending the November 23
rd
meeting via
phone. John Lindsay seconded the motion. The motion was approved unanimously.
Review amended and restated GERC Plan and Consider a Motion to Recommend
Adoption by the City Council
Jenny stated that the changes in the Plan were submitted to the Committee on Tuesday
for their reference. These substantive changes to the Plan document have already
been approved by this Committee and City Council. The purpose of taking this to the
City Council is have the City Council approve the plan as amended and restated in one
document, so it can be submitted to the IRS along with our application for a
determination letter.
John Voss moved to recommend the adoption of the amended and restated GERC plan
to the City Council. Dave Cox seconded the motion. The motion was approved
unanimously.
ATTACHMENT 1
13.1
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Attachment: General Employee Retirement Committee minutes, December 10, 2015 (3868 : GERP)
2
Review 2015 Annual Report
Harold stated that the Committee did everything on the work plan that we stated we
were going to accomplish.
John Lindsay moved to approve the 2015 Annual Report. John Voss seconded the
motion. The motion passed unanimously.
Status of GERC Applications
Angelina stated that she spoke with Christine this week. John had his interview to
renew his membership on December 10
th
, 2015. A discussion took place regarding
specifically if Christine could send out letters to active GERC members. It was
determined that it would be nice to have a full committee due to quorum requirements.
Angelina will follow-up with Christine on issuing personal letters of request to serve on
the committee.
Monthly Investment and Other Reports
Harold stated that there hasn’t been a big change since last month. Through Nov. 30
the year to date return is 1.03%, a little short of our expectation for the year. We are
seeing a lot of volatility. The total GERP Portfolio as of November 30, 2015 is
$43,684,103.26. The domestic fund category is at 55.9% with an upper limit of 55%.
The International Fund is at 15.3% with an upper limit of 25%. Fixed income is at
28.8% with an upper limit of 50%. Harold further stated that we will be receiving cash
from the quarterly supplemental payment in December and that he will likely have to sell
approximately ¾ of a million dollars of equity to bring the portfolio back into policy
compliance, which he will do next week.
Other Business
The meeting was adjourned at 1:44 p.m.
Angelina Sanchez-Sprague, Chair Nancy James, Staff Liaison
13.1
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Attachment: General Employee Retirement Committee minutes, December 10, 2015 (3868 : GERP)
RESOLUTION 2016-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING THE CITY OF FORT COLLINS GENERAL
EMPLOYEES' RETIREMENT PLAN AS AMENDED
AND RESTATED, EFFECTIVE JANUARY 1, 2016
WHEREAS, the City Council adopted, effective January 1, 1971, a qualified defined
benefit pension plan known as the City of Fort Collins Employees' Retirement Plan (the "Plan"),
for the purpose of providing retirement benefits for certain of its employees; and
WHEREAS, the City Council has amended and restated the Plan from time to time in
order to make improvements to the Plan and to maintain compliance with both state and federal
law; and
WHEREAS, on May 15, 2012, the federal Internal Revenue Service issued a favorable
determination letter for the Plan, as amended, subject to the adoption of technical changes
associated with limitations on benefits required by final Treasury Regulations under Internal
Revenue Code Section 415; and
WHEREAS, the General Employees' Retirement Committee (the "Committee"), as
created by and functioning pursuant to Chapter 21, Article V. of the City Code, has reviewed the
current provisions of the Plan as restated effective January 1, 2012, and subsequently amended,
and has determined that the adoption of a new amended and restated Plan is necessary in order
to: (a) consolidate two amendments to the Plan, (b) ensure continued compliance with state and
federal laws, and (c) clarify that the Plan fund is held in trust by the Committee in order to
facilitate the investment of Plan funds in the name of the Trust; and
WHEREAS, the Committee has reviewed the proposed amended and restated Plan dated
January 1, 2016, a copy of which is on file with the City Clerk's office, and has recommended its
adoption to the City Council; and
WHEREAS, the proposed amended and restated Plan consolidates two amendments to
the Plan into one Plan document for ease of use, makes the technical changes required by the
federal Internal Revenue Code, and clarifies that the Plan fund is held in trust by the Committee
for the exclusive benefit of the participating employees and their beneficiaries.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City of Fort Collins General Employees' Retirement Plan as
amended and restated January 1, 2016, a copy of which is attached hereto as Exhibit “A”, is
hereby adopted effective January 1, 2016.
Packet Pg. 373
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of January, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 374
{00270991:}
CITY OF FORT COLLINS
GENERAL EMPLOYEES'
RETIREMENT PLAN
As Amended and Restated
Effective January 1, 2016
EXHIBIT A
1
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Attachment: Exhibit A (3936 : GERP RESO)
{00270991:}
CITY OF FORT COLLINS GENERAL EMPLOYEES' RETIREMENT PLAN
TABLE OF CONTENTS
Page
ARTICLE I Purpose ........................................................................................................................ 1
ARTICLE II Definitions ................................................................................................................. 2
ARTICLE III Membership ........................................................................................................... 10
ARTICLE IV Retirement Fund; Method Of Funding ................................................................... 11
ARTICLE V Contributions............................................................................................................ 13
ARTICLE VI Credited Service ..................................................................................................... 14
ARTICLE VII Retirement Dates ................................................................................................... 17
ARTICLE VIII Retirement Benefits ............................................................................................. 19
ARTICLE IX Retirement Benefits and Rights Inalienable ........................................................... 22
ARTICLE X Optional Forms of Benefits ...................................................................................... 24
ARTICLE XI Death Benefits ........................................................................................................ 27
ARTICLE XII Vesting and Severance Benefits ............................................................................ 29
ARTICLE XIII Direct Rollovers ................................................................................................... 31
ARTICLE XIV Modification Or Termination Of Plan.................................................................. 33
ARTICLE XV Limitations ............................................................................................................. 35
ARTICLE XVI Retirement Committee. ........................................................................................ 39
ARTICLE XVII Administration Of The Plan; Investment of Fund .............................................. 42
1
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Attachment: Exhibit A (3936 : GERP RESO)
{00270991:}
ARTICLE I
Purpose
Effective as of January 1, 2016, the City Council of the City of Fort Collins adopted the
amended and restated Plan (as defined in Article II, Section 2.u.), as set forth herein, to continue
and replace the Plan previously in effect, which was effective January 1, 2012. The Plan and the
Retirement Fund (as defined in Article II, Section 2. bb.) are intended to meet the requirements
of IRS Code Sections 401(a) and 501(a).
The Plan and the separate related Retirement Fund forming a part hereof were established
and shall be maintained for the exclusive benefit of the eligible Employees of the City of Fort
Collins and their Beneficiaries. No part of the Retirement Fund can ever revert to the City
except as hereinafter provided, or be used for or diverted to purposes other than the exclusive
benefit of the Employees of the City and their Beneficiaries.
This amendment and restatement of the Plan shall not, in any way, affect the rights of
former Employees who participated in said Plan and who either retired or otherwise terminated
their employment prior to January 1, 2016. The rights, if any, of such former Employees and of
their Beneficiaries and the amounts of their benefits, if any, shall continue to be governed by the
provisions of the Plan as it was in effect on December 31, 2015, or the date, if earlier, of their
retirement or termination of employment, unless specifically provided for otherwise herein, or as
the result of future amendments to this restated Plan.
This Plan is a governmental Plan established pursuant to IRS Code Section 414(d). As
such, it is not subject to the requirements of the Employee Retirement Income Security Act of
1974.
1
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Attachment: Exhibit A (3936 : GERP RESO)
{00270991:} 2
ARTICLE II
Definitions
Section 1. Name. The Retirement Income Plan as set forth in this Ordinance shall be
known as the City of Fort Collins General Employees' Retirement Plan (As Amended and
Restated Effective January 1, 2012) and is hereinafter referred to as the Plan.
Section 2. Definitions. Unless the context otherwise requires, the definitions and
general provisions contained in this Section govern the construction of this restated Plan.
a. "Accrued Benefit" means the benefit determined under the Plan expressed in the form
of a monthly single life annuity, commencing at Normal Retirement Date.
b. "Actuarial Equivalence (or Actuarially Equivalent)" means equality in value of the
aggregate amounts expected to be received under different forms of payment based on interest
rate and mortality assumptions as defined below unless otherwise specifically provided in the
Plan:
(1) Interest rate assumption for alternative periodic benefits. The interest rate
used for purposes of computing alternative periodic forms of benefits shall be 7.5%, unless
otherwise specifically provided in the Plan.
(2) Interest rate assumption for single-sum payments. The interest rate used for
purposes of computing single-sum benefits shall be one of the following, as specifically
designated in the Plan:
(a) the immediate annuity rate (subject to adjustment as required for
deferred annuities) used by the Pension Benefit Guaranty Corporation as of the January 1
coincident with or preceding the date as of which the amount of the alternative form of benefit is
being determined hereunder;
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(b) the investment return rate used by the Retirement Committee for
purposes of the Plan actuarial valuation as of the December 31 coincident with or preceding the
date as of which the amount of the alternative form of benefit is being determined hereunder.
(3) Mortality assumption. Effective January 1, 2008, the mortality assumption for
calculations based upon the mortality of a Member or Beneficiary shall be a unisex rate that is
50% male, 50% female, taken from the 1983 Group Annuity Table, or such other Group Annuity
Table designated by the Committee which meets the minimum standards as set forth in IRS Code
Section 417(e). Notwithstanding the foregoing sentence, solely for the purposes of determining
applicable benefit limitations under IRS Section 415, the Plan shall use the applicable mortality
table under Treas. Regs. Section 1.417(e)-1(d)(2) that is effective for the Retirement Benefit
commencement date.
On or before December 31, 2007, the mortality assumption for calculations based
upon the mortality of a Member or Beneficiary shall be a unisex rate that is 50% male, 50%
female, taken from the 1983 Group Annuity Table, or such other Group Annuity Table
designated by the Committee which meets the minimum standards as set forth in IRS Code
Section 417(e).
c. "Beneficiary" means the person or persons entitled to receive benefits hereunder upon
the death of a Member or former Member, pursuant to Article X, Section 6 hereof.
d. "City" shall mean the City of Fort Collins, State of Colorado.
e. "City Council" shall mean the City Council of the City.
f. "Committee" or "Retirement Committee" means the body designated as the
primary fiduciary of the Fund, appointed and serving in accordance with Article XVI
hereunder, which shall have primary responsibility for the management, investment and
administration of the Plan and the Retirement Fund.
g. "Compensation" means the total cash remuneration paid to an Employee for a
calendar year by the City for personal services including performance pay as reported on the
Employee’s income tax withholding statement or statements (Form W-2, or its subsequent
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equivalent), excluding bonuses, compensatory time recorded as additional hours, overtime pay,
lump-sum payments for accrued vacation time, worker’s compensation, taxable fringe benefits
including life insurance in excess of $50,000 and any contribution by the City under this or any
other qualified Plan, but including any pre-tax Employee contributions to qualified retirement
plans of the City and any amounts contributed by the City pursuant to a salary reduction
agreement which were excludable from the Employee's gross income under Code Section 125,
Code Section 132(f)(4), Code Section 402(a)(8), Code Section 403(b), Code Section 402(h), or
Code Section 457. However, for Plan Years beginning before January 1, 1998, such amounts
contributed by the City pursuant to a salary reduction agreement which were excludable from the
Employee's gross income shall not be included in Compensation for the purpose of applying the
limitations on allocations and benefits under Code § 415. Solely for the purpose of applying the
limitations on allocations and benefits under Code Section 415, for Plan Years beginning on or
after January 1, 2009, any “differential wage payments” made by the Employer to an Employee,
as defined in Code Section 3401(h)(2), shall be included in the Employee’s Compensation. The
amount of Compensation for purposes of the Plan during any Plan Year shall not exceed
$200,000, subject to the cost-of-living adjustments in accordance with IRS Code Section 415(d),
as amended and then in effect. [Amended 2013; Res. 2013-005]
h. "Covered Employment" means the employment categories for which the Plan is
maintained, more particularly described as follows:
(1) all nonfirefighters who perform clerical and technical duties for Poudre Fire
Authority;
(2) any employment with the City in a classified position as defined by the City
Personnel Policies and Procedures, excluding police officers, paid firefighters, emergency
services dispatchers (police and fire);
(3) any Member in the Plan as defined by Article II, Section 2.m, Paragraph (3)
"Employee".
Excluded are leased employees within the meaning of IRS Code Section 414(n).
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i. "Credited Service" means the period of service rendered by an Employee as a
Member, for which credit is allowed. Credited Service will cease when a Member’s service as
an Employee terminates.
j. "Disability" means a physical or mental condition which:
(1) in the judgment of the City’s long-term disability insurance company,
qualifies the Member’s condition as totally disabled and entitles the Member to receive
Disability Benefits;
(2) in the judgment of the Federal Social Security Administration, qualifies the
Member’s condition as totally disabled within the meaning of the Social Security Act and entitles
the Member to receive Disability Benefits; or
(3) in the judgment of the City’s designated worker’s compensation physician,
administrative law judge or, if appealed, the court issuing the final judgment, qualifies the
Member’s condition as a permanent total disability and entitles the Member to receive Disability
Benefits.
k. "Disability Benefits" means monetary payment for disability received from any
one or more of the following sources:
(1) the City’s long term disability plan;
(2) the Federal Social Security Administration;
(3) the City’s workers’ compensation plan.
l. "Effective Date of this Plan" means January 1, 1971. Subsequent restatements of
the Plan occurred on May 2, 1977, September 1, 1981, January 1, 1982, January 1, 1985,
January 1, 1990, January 1, 1992, December 31, 2001, and January 1, 2012. This Amended and
Restated Plan is effective January 1, 2016.
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m. "Employee" means:
(1) any person who is hired to fill a classified position as defined by the City
Personnel Rules and Regulations;
(2) all nonfirefighter personnel who perform clerical and technical duties for
Poudre Fire Authority;
(3) any employee of the City who qualifies under the following criteria:
(a) the employee became a Member in the Plan while in a classified
position;
(b) either (i) the Employee’s classified position was thereafter converted
to an unclassified position, or (ii) the Employee thereafter transferred from a classified position
into an unclassified management position; and
(c) at the time of the conversion or transfer into an unclassified
management position, the Employee elected to remain a Member and continue to accrue
Credited Service.
(4) leased employees within the meaning of IRS Code Section 414(n)(2), if such
leased employees constitute twenty percent or more of the employer’s non-highly compensated
workforce within the meaning of IRS Code Section 414(n)(5)(C)(ii).
All phrases such as "employment with the City" (or "employment with the City of Fort
Collins") and "Employees of the City" (or "Employees of the City of Fort Collins") are hereby
deemed to include "employment with Poudre Fire Authority as nonfirefighter, clerical and
technical Employees of Poudre Fire Authority."
n. "Final Average Monthly Compensation" means 1/60th of a Member’s total
Compensation during the 60 consecutive full calendar months of Credited Service out of the last
120 calendar months of Credited Service, which will produce the highest average monthly
compensation. If a Member has less than 60 consecutive full calendar months of Credited
Service, the Final Average Monthly Compensation shall be the average of the total
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Compensation during all full calendar months of Credited Service. In the event that a Member
has been employed on a part-time basis (less than an annualized 2080 hours) during any portion
of the period used to calculate the Final Average Monthly Compensation and therefore has
received less than full-time Credited Service during that period, the Member’s part-time
Compensation for that period of time shall be converted to its full time equivalent for the
purposes of calculating the Final Average Monthly Compensation.
o. "Funding Agent" means the financial officer of the City, any insurance company
or trustee appointed by the Retirement Committee as provided in Article IV, or the Retirement
Committee, if no designation has been made.
p. "Funding Agreement" means the insurance contract with the insurance company
or the trust agreement with the trustee as approved by the Retirement Committee for the purpose
of the investment and management of Retirement Fund assets.
q. "Insurance Company" means any insurance company or companies authorized to
do business in the state and appointed by the Retirement Committee as provided in Article IV.
r. “Investment Manager” means the individual(s) and/or company(ies), if any,
appointed by the Retirement Committee to serve as a fiduciary of the Fund and to provide
investment advice to the Retirement Committee, implement Retirement Committee funding
directives, or otherwise manage and invest the assets of the Fund.
s. "IRS Code" means the Internal Revenue Code of 1986 as amended.
t. "Member" means any person included in the membership of this Plan as provided
in Article III hereof, including an Employee who qualifies for Disability as defined in Article II,
Section 2., Subsection j.
u. "Plan" means the City of Fort Collins General Employees' Retirement Plan (as
Amended and Restated Effective January 1, 2012) as it may be amended.
v. "Plan Year" means the calendar year.
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w. "Qualified Domestic Relations Order" means a domestic relations order that has
been determined, pursuant to procedures established by the Retirement Committee, to be a
qualified domestic relations order as defined in Colorado Revised Statutes § 14-10-113.
x. "Qualified Military Service" shall have the meaning set forth in IRS Code Section
414(u), as amended. Notwithstanding any provision to the contrary, contributions, benefits and
vesting service credit with respect to Qualified Military Service will be provided in accordance
with the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended
(USERRA), the Heroes Earnings Assistance and Relief Tax Act of 2008, as amended (HEART
Act), and IRS Code Section 414(u) with respect to Members who perform Qualified Military
Service on or after December 12, 1994. Military service will be counted for purposes of
contributions, benefits and vesting service credit, provided all of the following conditions are
satisfied:
(1) A Member must have reemployment rights under USERRA in order for
periods of Qualified Military Service to be recognized.
(2) A Member must have worked at least one thousand (1,000) hours in Covered
Employment before entering Qualified Military Service.
(3) A Member must have earned at least forty (40) Hours of Service in the three
(3) months prior to the first day of Qualified Military Service.
No more than five (5) years of Qualified Military Service may be recognized for any
purpose, except as required by law. [Amended 2013; Res. 2013-005]
y. "Required Beginning Date" means April 1 of the calendar year following the later
of the calendar year in which the Member attains age 70 1/2 or the calendar year in which the
Member retires.
(1) For this purpose, a Member shall be deemed retired upon having one calendar
month elapse with no hours worked in Covered Employment, provided that such month is
concurrent with or follows the April following the calendar year in which the Member attains
age seventy and one-half (70½).
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z. "Retired Member" means a former Member whose employment terminated by
reason of retirement or Disability and who is receiving or is entitled to receive, or whose
Beneficiary or estate is entitled to receive, benefits under this Plan.
aa. "Retirement Benefit" or "Pension" means any retirement benefit provided for in
Article VIII hereof.
bb. "Retirement Fund" or "Fund" means the "City of Fort Collins General Employees'
Retirement Fund," maintained by the Retirement Committee and the Funding Agent in
accordance with the terms of this Plan and any Funding Agreement.
cc. "Service" shall mean service rendered as a Covered Employee of the City.
dd. "Trustee" shall mean any qualified and acting Trustee appointed by the
Retirement Committee as a named fiduciary for the investment and management of Plan assets.
ee. "Vested Member" means a former Member whose Credited Service has
terminated by reason other than retirement or Disability and who is entitled to receive, or whose
Beneficiary or estate is entitled to receive, benefits under this Plan.
Section 3. Construction. Words used in the singular shall include the plural unless
the context clearly indicates the contrary. Words such as "hereof," "herein," and "hereunder,"
shall refer to the entire Plan, not to any particular provision or Section. The Plan and Funding
Agreement shall each form a part of the other by reference and terms used therein shall be
interchangeable.
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ARTICLE III
Membership
Section 1. Employees on January 1, 1971. Every person who was an Employee of
the City of Fort Collins on January 1, 1971 became a Member in the Plan on such date.
Section 2. Employees Hired After December 31, 1970, but before January 1, 1999.
Each Employee of the City hired after December 31, 1970, but before January 1, 1999, shall
become a Member in the Plan on their date of employment. However, effective January 1, 1990,
an Employee must also be in Covered Employment to become a Member. Employees hired after
December 31, 1998 will not be eligible for Membership in the Plan.
Section 3. Termination. Membership of any Member shall terminate (except as a
Vested Member) if and when he or she ceases to be in Covered Employment for any reason,
except as provided in Article VI, Section 2.
Section 4. Withdrawal. Unless an Employee withdraws from Membership in the Plan
pursuant to a specific authorization herein, once an Employee has become a Member of the Plan,
such Employee may not withdraw from Membership in the Plan except when he or she ceases to
be an Employee.
Section 5. Employment Not Guaranteed. This Plan is not and shall not be deemed
to constitute a contract between the City and any Employee or to be a consideration for, or
inducement to, or a condition of, the employment of the Employee. Nothing contained in this
Plan shall give or be deemed to give an Employee the right to be retained in the employment of
the City or to interfere with the right of the City to discharge or retire any Employee at any time.
Participation in the Plan shall not give any Employee the right or claim to Retirement Benefits,
except to the extent such right or claim is specifically provided for under the terms of this Plan.
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ARTICLE IV
Retirement Fund; Method Of Funding
Section 1. Retirement Fund; Establishment of Trust. The City and the Retirement
Committee established the Fund to hold all contributions made by the City to the Plan, and the
investment earnings thereon. The Fund is intended to be a qualified plan trust under Internal
Revenue Code Section 401(a) and exempt from taxation under Internal Revenue Code Section
501(a).
a. Fund Purpose. The assets held by the Fund shall be used for the exclusive
purpose of providing benefits to Members and their beneficiaries, as determined by the
Retirement Committee, and shall further provide the means for payment of the reasonable
expenses of administering and operating the Plan and the Fund. Notwithstanding any other
provisions hereof or any amendment hereto to the contrary, at no time shall any assets of the
Fund revert to, or be recoverable by, the City or be used for, or diverted to, purposes other than
for the exclusive benefit of Members, Retired Members, Vested Members, or their Beneficiaries
under the Plan except such funds which upon termination of the Plan are in excess of the amount
required to fully fund the Plan and which are due to erroneous actuarial assumptions.
b. Name of Fund. The Fund established hereunder shall be known as the "City
of Fort Collins General Employees’ Retirement Fund".
Section 2. Retirement Committee to Hold Retirement Fund. The Retirement
Committee shall receive contributions paid by the City; shall purchase, invest and reinvest in
securities, insurance contracts or other properties; shall disburse benefits directly from the Fund
or shall provide for the disbursement thereof by the purchase and delivery of insurance contracts,
policies or certificates; and shall take all such actions pursuant to and in accordance with the
terms of the Plan. Notwithstanding the foregoing sentence, the Retirement Committee has
delegated to the Funding Agent certain powers and duties with respect to holding, administering
and investing the Fund pursuant to the policies adopted by the Retirement Committee, as set
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forth in Article XVII, Section 6. If an insurance company, a Trustee, or another funding vehicle
is serving as a successor Funding Agent, the assets of the Plan shall be held pursuant to a
Funding Agreement. The Retirement Committee shall comply with the purchasing and
contracting provisions of the City Code when entering into a Funding Agreement.
Section 3. Expenses of the Fund. The expenses of the Fund, including but not
limited to (i) the fees of consultants, actuaries, accountants, attorneys and other persons
engaged by the Retirement Committee, (ii) the costs of investing the Fund, (iii) premium or
other payments under insurance contracts or policies purchased by the Retirement Committee
for the Fund, (iv) the fees and expenses of such Corporate Trustee as may be appointed by
the Retirement Committee, and (v) the expense of maintaining bank accounts and safety
deposit boxes, shall be paid from the Fund. Retirement Committee Members shall receive no
compensation for their services as Retirement Committee Members, but they may be
reimbursed from the Fund for any expenses which they may incur in the performance of their
duties.
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ARTICLE V
Contributions
Section 1. Member Contributions. Members are not required or permitted to make
contributions under this Plan.
Section 2. City Contributions. The City shall make contributions to the Fund
adequate to finance the benefits which the Plan provides on a sound actuarial basis. The required
contributions to the Plan shall be determined by a competent actuary. The City expects to
continue such contributions to the Plan, but assumes no responsibility to do so and reserves the
right to suspend or to reduce contributions at any time upon appropriate action by an amendment
to the Plan by the City Council.
Section 3. Application of Forfeitures. Any amount forfeited because of termination
of employment of a Member prior to their having become 100% vested in their Retirement
Benefits (because of their death or for any other reason), shall not be applied to increase the
benefits provided by the Plan unless such benefits are increased by appropriate amendment, as
provided in Article XIV, but shall be used to offset the City's contribution to the Plan.
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ARTICLE VI
Credited Service
Section 1. Credited Service. A Member’s Credited Service shall be used to
determine their Accrued Benefit and eligibility for benefits under the Plan.
a. A Member’s Credited Service is the elapsed time period from their date of
employment with the City, as an Employee, to their date of termination of such employment,
except as limited within this Section. A Member shall receive one year of Credited Service for
each full year the Member receives Compensation for 2080 hours of Covered Employment. A
Member who receives Compensation for less than 2080 hours of Covered Employment in a year
shall accrue Credited Service on a pro rata basis based on the number of hours for which
Compensation is paid. For example, a Member who was a part-time Employee and worked 520
hours for six months (half-time) and 1040 hours for six months (full-time) in a year would
receive .75 year of Credited Service for that year.
b. A Member shall also accrue Credited Service under the Plan for any period of
time during which the Member meets all of the following:
(1) is qualified for either:
(a) a total Disability as defined in Article II, Section 2., Subsection j.,
Paragraphs 1, 2, or 3; or
(b) a temporary total disability in the judgment of the City’s
designated worker’s compensation physician;
(2) is receiving Disability Benefits; and
(3) is not receiving any payment from this Plan.
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c. A Member may also accrue Credited Service under the Plan for any period of
time up to a maximum accrual of two (2) years during which the Member meets all of the
following:
(1) is qualified for a permanent partial disability in the judgment of the City’s
designated worker’s compensation physician, administrative law judge or, if appealed,
the court issuing the final judgment;
(2) is not working as an Employee in Covered Employment;
(3) is receiving Disability Benefits; and
(4) is not receiving any payment from this Plan.
d. A Member who accrues Credited Service because of a Disability pursuant to
Subsections b. or c., above, shall accrue Credited Service at the pro rata rate based upon the
number of hours for which Compensation was paid as of the date of disablement.
e. In the event a Member receives a lump sum disability benefit payment in lieu of
ongoing payments, the period of accrual of Credited Service shall be the period of entitlement
which provided the basis for calculation of the lump sum amount.
Section 2. Credited Service.
a. Except as set forth in Subsection b. of this Section, Credited Service lost due to
termination of Covered Employment occurring after December 31, 1998, shall not be reinstated
upon the Member's return to Covered Employment. A Member who terminated Covered
Employment prior to January 1, 1999, may be eligible for restoration of Credited Service upon a
return to Covered Employment within five years of the termination of Covered Employment
pursuant to the provisions of the Plan as it existed on December 31, 1998.
b. A member who leaves Covered Employment to undertake Qualified Military
Service and meets the requirements specified in Article II, Section 2.x. shall be entitled to the
accrual of Credited Service for the time spent in the Qualified Military Service providing the
Member has not chosen to withdraw from the Plan and receive a benefit.
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Section 3. Effect of Other Plans. Credited Service shall not include any period on
the basis of which a retirement benefit is payable under any other defined benefit retirement or
pension plan to which the City made contributions, other than benefits payable under the Federal
Social Security Act.
Section 4. Miscellaneous. No period of Credited Service shall be deemed to be
increased or extended by overtime.
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ARTICLE VII
Retirement Dates
Section 1. Normal Retirement. The Normal Retirement Date of a Member shall be
their 65th birthday upon which date they shall become fully vested in their Accrued Benefit. For
purposes of the commencement of payment of a Retirement Benefit, Normal Retirement Date
shall mean the first of the month coincident with or following a Member’s 65th birthday.
Section 2. Early Retirement. A Member or Vested Member who has attained the
age of 55 years and has completed at least two years of Credited Service may elect to retire as of
the first day of any calendar month, which shall not be more than 90 days after the filing of
written notification with the Retirement Committee.
Section 3. Delayed Retirement. A Member may continue in the employment of the
City after their Normal Retirement Date. If the retirement of a Member is delayed under this
Section, their "Delayed Retirement Date" shall be the first of the month coincident with or
following the Member's retirement.
Notwithstanding the foregoing paragraph, after a Member reaches his or her
Required Beginning Date, required minimum distributions must be made to the Member in
accordance with IRS Code Section 401(a)(9), as further set forth in Section 1 of Article X of the
Plan.
Section 4. Disability Retirement. If a Member’s Covered Employment by the City
terminates by reason of their Disability, they shall be eligible for a Disability Benefit
commencing on the first day of the month, coincident with or next following their 65th birthday,
or upon termination of his or her long-term disability insurance benefits, if later.
Disability shall be considered to have ended if, prior to their 65th birthday, the Member
loses their qualification for Disability and is no longer entitled to any additional Credited Service
under Article VI, Section 1 for their Disability. If Disability ceases prior to the Member’s 65th
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birthday, no Disability Benefits shall be paid to or for such Member. If the Member’s Disability
ceases prior to their 65th birthday (and if they are not reemployed by the City as an Employee)
and if they have met the requirements for an Early or Deferred Retirement Benefit pursuant to
Articles VII or XII on the date of their recovery from Disability, they shall be entitled to receive
a benefit equal in amount to the Early or Deferred Retirement Benefit to which they would have
been entitled as of the date of their recovery, considering their Final Average Monthly
Compensation at the date Disability commenced and their Credited Service on the date of their
recovery from Disability.
In lieu of accruing additional Credited Service pursuant to the provisions of Article VI,
Section 1, and in lieu of becoming eligible for a Disability Retirement or any other benefits
described in the Plan, a Member whose Covered Employment by the City terminates by reason
of their Disability may elect to receive:
a. an Early Retirement Benefit if the Member is otherwise qualified for such benefit,
even though such Member remains Disabled. Such Early Retirement Benefit shall be based on
consideration of their Final Average Monthly Compensation as of the date that their Disability
commenced instead of the annual rate of Compensation as of the date of disablement; or
b. a single lump sum benefit described in Article XII, Section 3, if the Member is
otherwise qualified for such benefit, even though such Member remains Disabled.
Section 5. Retirement Date. A Member’s "Retirement Date" shall be on their
Normal Retirement Date, their Early Retirement Date, their Delayed Retirement Date, or their
Disability Retirement Date, whichever is applicable.
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ARTICLE VIII
Retirement Benefits
Section 1. Normal or Delayed Retirement. Upon retirement at or after their Normal
Retirement Date, each Retired Member shall receive a monthly Retirement Benefit equal to 1
1/2% of the Member’s Final Average Monthly Compensation multiplied by the total number of
years of the Member’s Credited Service.
Section 2. Early Retirement. A Member or Vested Member, eligible for early
retirement and retiring prior to their Normal Retirement Date, shall be entitled to a reduced
Retirement Benefit which shall be their vested Accrued Benefit on their Early Retirement Date,
reduced by 1/180 for each of the first 60 months and 1/360 for each additional month by which
the payments commence prior to the first of the month following their Normal Retirement Date.
Section 3. Disability Retirement. The Disability Retirement benefit of a Member
eligible therefor shall be their Accrued Benefit on the date their Benefit commences, based on
their annual rate of Compensation on their date of disablement, and the Credited Service as
defined in Article VI, Section 1, unless the Member's disability ceases prior to age 65 (see
Article VII, Section 4). In the event that a Member was employed on a part-time basis (less than
an annualized 2080 hours) at the date of disablement and therefore has received less than full-
time Credited Service during that period, the Member’s part-time Compensation shall be
converted to its full time equivalent for the purposes of calculating the annual rate of
Compensation at the time of disablement.
Section 4. Payment of Benefits. The basic monthly Retirement Benefit, computed as
set forth above, shall be paid in equal monthly payments commencing on the last day of the
month of their Retirement Date, and continuing at monthly intervals for the Retired Member’s
lifetime thereafter. If a Retired Member or Beneficiary should die during a monthly interval, a
partial monthly payment shall be paid.
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Notwithstanding the above, if the value of a terminated Member's vested Accrued Benefit
derived does not exceed $1,000, the entire vested benefit shall be paid to such Member in a
single lump sum, regardless of when the Member terminated Covered Employment.
Section 5. Minimum Monthly Payment. If the amount of the monthly Retirement
Benefit payable to a retired Member is less than $100, the retired Member shall be paid a single-
sum equal to the Actuarial Equivalent of such Retirement benefit. For retired Members who
commenced Covered Employment prior to June 1, 1998, said Actuarial Equivalent specified in
this Section 5 shall be as defined by Article II, Section 2, Subsections b(2)(a) and b(3) of this
Plan. For retired Members who commenced Covered Employment on or after June 1, 1998, said
Actuarial Equivalent specified in this Section 5 shall be as defined by Article II, Section 2,
Subsections b(2)(b) and b(3) of this Plan.
Section 6. Accrued Credits and Vested Benefits Under the Previous Plan
Preserved.
a. The restatement of the previous Plan by this Plan shall not operate to exclude,
diminish, limit or restrict the payment or continuation of the payment of benefits accrued prior to
the Effective Date of this Plan. The amount and payment of any such previous Plan benefits,
shall be continued by the Funding Agent under the Funding Agreement forming a part of this
Plan, in the same manner, undiminished, preserved, and fully vested under this Plan, except as
provided in this Article VIII, Sections 6c, 7, 8, 9 and 10.
b. The eligibility for, and amount of, any benefit of any kind, payable under this
Plan to or for any person who was a Member of a previous Plan and who became a Member of
the January 1, 1992 restated Plan, as amended, and as it is amended and restated December 31,
2001, and as it may be amended and restated in the future, shall be determined under the
provisions of this Plan.
c. The methods of calculating Credited Service, Final Average Monthly
Compensation, and annual rate of Compensation for Disability Retirement, as amended effective
July 1, 2003, shall be applied retroactively in order to better align benefits with the contributions
to the Plan based on the Member’s actual Compensation. However, this retroactive application
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shall not result in a Member’s benefit under the Plan being less than the benefit the Member
would have been eligible to receive if the Member had terminated Employment on June 30,
2003, under the terms of the Plan then in effect.
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ARTICLE IX
Retirement Benefits and Rights Inalienable
Section 1. Inalienability. Members, Retired Members, Vested Members and their
Beneficiaries under the Plan are hereby restrained from selling, transferring, anticipating,
assigning, hypothecating, or otherwise disposing of their Retirement Benefit, prospective
Retirement Benefit, or any other rights or interest under the Plan, and any attempt to anticipate,
assign, pledge, or otherwise dispose of the same shall be void. Said Retirement Benefit,
prospective Retirement Benefit and rights and interests of said Members, Retired Members,
Vested members or Beneficiaries shall not at any time be subject to the claims of creditors or
liabilities or torts of said Members, Retired Members, Vested Members or Beneficiaries, nor be
liable to attachment, execution, or other legal process. Notwithstanding the foregoing, the
Retirement Committee may approve payment to an alternate payee based upon any assignment
for child support purposes as provided for in sections 14-10-118(1) and 14-14-107 C.R.S., as
they existed prior to July 1, 1996; any income assignments for child support purposes pursuant to
section 14-14-111.5, C.R.S.; any writ of garnishment which is the result of a judgment taken for
arrearages for child support or for child support debt; and any payments made in compliance
with a properly executed court order approving a written agreement entered into pursuant to
section 14-10-113(6), C.R.S., and such payment shall not be deemed to be a prohibited alienation
of benefits. Such Qualified Domestic Relations Orders shall be binding on all Members,
Beneficiaries and other parties. In no event shall the existence or enforcement of an Order cause
the Trust Fund to pay benefits with respect to a Member in excess of the actuarial present value
of the Member's benefits without regard to the Order, and benefits otherwise payable under the
Plan shall be reduced by the actuarial present value of any payment required pursuant to an
Order.
Section 2. Bankruptcy. If any Member, Retired Member, Vested Member or
Beneficiary shall become bankrupt or attempt to anticipate, assign or pledge any benefits under
this Plan, then such benefits shall cease, and in that event the Retirement Committee shall have
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the authority to cause the same, or any part thereof, to be held or applied to or for the benefit of
such Member, their spouse, children, or other dependents, in such manner and in such
proportions as the Retirement Committee shall decide.
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ARTICLE X
Optional Forms of Benefits
Section 1. General. Subject to such uniform rules and regulations as the Retirement
Committee may prescribe and the spousal consent as required in this Article X, Section 6, a
Member or Vested Member may, in lieu of the basic Retirement Benefits provided in
Article VIII, elect one of the following forms of Retirement Benefits which shall be the Actuarial
Equivalent of the benefit to which they would otherwise be entitled. The Member or Vested
Member must make any election of an optional form of benefit in writing, and such election
must be filed with the Retirement Committee at least 30 days prior to the due date of the first
payment of their Retirement Benefits under this Plan. The election of an optional form of benefit
may be changed at any time prior to 30 days preceding the due date of the first payment of
Retirement Benefits under the Plan.
Notwithstanding any provision of this Plan to the contrary, any payment under the Plan
pursuant to an optional form of benefit shall be made in accordance with IRS Code Section
401(a)(9) and the regulations established thereunder, as they are amended, including the
following rules:
a. To the extent required by IRS Code Section 401(a)(9) and the regulations
promulgated thereunder, payment of the benefits of a Member shall begin not later than the
Required Beginning Date.
b. No payment option may be selected by a Member unless the amounts payable to
the Member are expected to be at least equal to the minimum distribution required under IRS
Code Section 401(a)(9).
c. The amounts payable must satisfy the minimum distribution incidental benefit
requirements of IRS Code Section 401(a)(9)(G).
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d. Distributions in the event of a Member's death are subject to the minimum
distribution rules of IRS Code Section 401(a)(9) and the regulations thereunder.
Section 2. 100% Joint and Survivor Benefit. The Member may elect a 100% Joint
and Survivor Benefit which provides reduced monthly Retirement Benefit payments during the
Retired Member’s life, and, upon their death after retirement, continues payments in the same
reduced amount to a designated Beneficiary during the life of such Beneficiary.
Section 3. 50% Joint and Survivor Benefit. The Member may elect a 50% Joint and
Survivor Benefit which provides reduced monthly Retirement Benefit payments during the
Retired Member’s life, and, upon their death after retirement, continues payments in an amount
equal to one-half of the amount of such reduced payment to a designated Beneficiary during the
life of such Beneficiary.
Section 4. 120 Months Certain and Life Benefit. The Member may elect a 120
Months Certain and Life Benefit which provides reduced monthly Retirement Benefit payments
during the Retired Member’s life, and in the event they die prior to receiving 120 monthly
payments, the same reduced amount shall be continued to their Beneficiary until a total of 120
monthly payments have been made.
Section 5. Single-Sum Benefit. The Member may elect as an optional form of
benefit a single-sum benefit equal to the Actuarial Equivalent of the basic Retirement Benefit, as
defined by Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan. If so elected, such
single-sum shall be paid within 90 days of eligibility for receipt of a Retirement Benefit.
Section 6. Beneficiary. Each active, Vested or Retired Member may designate a
Beneficiary to receive any benefit that may become payable under this Plan by reason of their
death. However, if a married Member wishes to designate someone other than their spouse to be
their Beneficiary, such designation will not become effective unless their spouse (if the spouse
can be located) consents in writing to such designation, acknowledges the effect of such
designation and has such consent and acknowledgment witnessed by a Plan representative or a
notary public. Such designation shall not become effective until filed with the Retirement
Committee.
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If any Member shall fail to designate a Beneficiary, or if the one designated by them
predeceases them, then the Retirement Committee is hereby empowered to designate a
Beneficiary (or Beneficiaries) on their behalf, but only from among the following with priority in
the order named below, which shall include persons legally adopted:
a. their spouse, or if none;
b. their children and children of deceased children, by right of representation, or if none;
c. their parents, or if none;
d. their brothers and sisters and nephews and nieces who are children of deceased
brothers and sisters, by right of representation, or if none;
e. their estate.
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ARTICLE XI
Death Benefits
Section 1. Death of an Active Member, a Disabled Member or a Vested Member
Prior to Normal Retirement Date. In the event that a Member who is actively employed in
Covered Employment or a Disabled Member dies prior to the commencement of their
Retirement Benefit, a single-sum death benefit will be paid to the Member’s Beneficiary. The
single-sum death benefit will be determined such that it is equal to 47% of the Actuarial
Equivalent value of the life annuity benefit which would have been paid had the Member
separated from service at the earlier of the actual time of separation or death, survived until the
earliest retirement age (or date of death, if later) and retired with a life annuity. If the
Beneficiary is the Member’s spouse, the spouse may elect a monthly benefit which is the
Actuarial Equivalent of the single-sum death benefit. The monthly benefit to the surviving
spouse shall commence on the last day of the month following the later of the Member’s 55th
birthday or the Member’s date of death and be payable for the spouse’s life. If the Member was
not married at the time of death, the Beneficiary will receive the Single-Sum Death Benefit. If
no Beneficiary exists, the estate will receive the Single-Sum Death Benefit.
For Beneficiaries of Members who commenced Covered Employment prior to June 1,
1998, the Actuarial Equivalence for the single-sum death benefit will be determined by using the
interest rate specified in Article II, Section 2, Subsections b(1) and b(3) of this Plan. For
Beneficiaries of Members who commenced Covered Employment on or after June 1, 1998, the
Actuarial Equivalence for the Single-Sum Death Benefit will be determined by using the interest
rate specified in Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan.
In the event that a Vested Member who became such after January 1, 1994, and, thus,
accrued Credited Service after December 31, 1993, dies prior to commencement of their
Retirement Benefit, a death benefit will be paid. This death benefit shall be paid as set forth in
the first paragraph of this Section. Death Benefits, if any, payable to any Vested Member who
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became such prior to January 1, 1994 and did not accrue any Credited Service after
December 31, 1993 shall be determined in accordance with the provisions of the Plan as of the
date the Member ceased to be in Covered Employment.
Section 2. Death of a Retired Member. In the event a Retired Member dies while
receiving Retirement Benefit payments, their death benefit, if any, will be determined by the
form of Retirement Benefit being paid. If a Retired Member or Beneficiary should die during a
monthly interval, a partial monthly payment shall be paid.
Section 3. Uniform Simultaneous Death Act. The provisions of any State law
providing for the distribution of estates under the Uniform Simultaneous Death Act shall govern
the distribution of money payable under this Plan when applicable.
Section 4. Minimum Monthly Payment. If the amount of the monthly benefit
payable to a Beneficiary is less than $100, the Beneficiary shall be paid a single-sum equal to the
Actuarial Equivalent of such benefit. For Beneficiaries of Members who commenced Covered
Employment prior to June 1, 1998, said Actuarial Equivalent specified in this Section 4 shall be
as defined by Article II, Section 2, Subsections b(1) and b(3) of this Plan. For Beneficiaries of
Members who commenced Covered Employment on or after June 1, 1998, said Actuarial
Equivalent specified in this Section 4 shall be as defined by Article II, Section 2,
Subsections b(2)(b) and b(3) of this Plan.
Section 5. Death During Qualified Military Service. If a Member’s death occurs on
or after January 1, 2007 while the Member is performing Qualified Military Service, the
Member's Beneficiary is entitled to any additional benefits (other than benefit accruals relating to
the period of qualified military service) provided under the Plan as if the Member had resumed
employment and then terminated employment on account of death. Moreover, the Plan will
credit the Member's Qualified Military Service as service for vesting purposes, as though the
Member had resumed employment under USERRA immediately prior to the Member's death.
[Amended 2013; Res. 2013-005]
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ARTICLE XII
Vesting and Severance Benefits
Section 1. Coverage. Benefits shall be paid to a Member under this Article if their
employment with the City of Fort Collins terminates for reasons other than retirement or death.
Section 2. Vesting Schedule. In the event a Member’s employment terminates prior
to their Normal Retirement Date, and they have two or more years of Credited Service, they shall
become a Vested Member. A Vested Member shall be entitled to a deferred Retirement Benefit
which shall be the vested portion (as shown in the table below) of their Accrued Benefit on the
date of the termination of their Credited Service.
Completed Years
of Credited Service
Percent of Vested
Accrued Benefit
Less than 2 0%
2 40%
3 60%
4 80%
5 or more 100%
Such deferred Retirement Benefit shall be payable at the Vested Member’s Normal
Retirement Date.
In lieu of receiving a deferred Retirement Benefit upon their Normal Retirement Date, the
Vested Member may elect to receive a reduced Retirement Benefit beginning upon the last day
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of any month subsequent to their attainment of age 55. The reduction shall be 1/180 for each of
the first 60 months and 1/360 for each additional month beyond the first 60 months by which
payments commence prior to the first of the month following their Normal Retirement Date.
Section 3. Single Lump Sum Benefit. Following termination of employment with
the City of Fort Collins and in lieu of receiving a monthly Retirement Benefit upon their Normal
or Early Retirement Date, a Vested Member has the option of receiving a single lump sum
benefit equal to the Actuarial Equivalent of the Member’s deferred Retirement Benefit as defined
by Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan. To receive this lump sum
benefit, the Vested Member must make a written request for this benefit at or after the time of
termination of employment but not less than 30 days prior to the due date of the first payment of
the Normal or Early Retirement Benefit. If so requested, this lump sum benefit shall be paid
within 90 days of the receipt of the written request. If the value of a terminated Vested
Member's derived Accrued Benefit does not exceed $1,000, the entire vested benefit shall be
paid to such Member in a single lump sum, regardless of when the Member terminated
employment with the City of Fort Collins.
If the deferred Retirement Benefit to which a Vested Member will be entitled at their
Normal Retirement Date is less than $100.00 per month, the Vested Member shall not have the
election set forth in the previous paragraph and they shall be paid, within 90 days of termination
of employment with the City of Fort Collins, a single-sum equal to the Actuarial Equivalent of
such deferred Retirement Benefit, in lieu of all other benefits due to such Vested Member under
this Plan. For Vested Members who commenced Covered Employment prior to June 1, 1998,
said Actuarial Equivalent specified in this paragraph shall be as defined by Article II, Section 2,
Subsections b(2)(a) and b(3) of this Plan. For Vested Members who commenced Covered
Employment on or after June 1, 1998, said Actuarial Equivalent specified in this paragraph shall
be as defined by Article II, Section 2, Subsections b(2)(b) and b(3) of this Plan.
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ARTICLE XIII
Direct Rollovers
Section 1. Distributions Made On or After January 1, 1993. This Section applies to
distributions made on or after January 1, 1993. Notwithstanding any provision of the Plan to the
contrary that would otherwise limit a Distributee's election under this Section, a Distributee may
elect, at the time and in the manner prescribed by the Retirement Committee, to have any portion
of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover.
Section 2. Definitions
a. "Direct Rollover" means a payment by the Plan to the Eligible Retirement Plan
specified by the Distributee.
b. “Distributee” means a Member or Retired Member. In addition a Member's or
Retired Member’s surviving spouse and the Member’s or Retired Member’s spouse or former
spouse who is the alternate payee under a Qualified Domestic Relations Order as defined in
Article II, Section 2.w, are Distributees with regard to the interest of the spouse or former
spouse. Further, a Member’s or Retired Member’s Beneficiary that is a person other than a
spouse or former spouse is a Distributee with respect to the Beneficiary’s interest in the Plan.
c. “Eligible Retirement Plan” means an individual retirement account described in IRS
Code Section 408(a), an individual retirement annuity described in IRS Code Section 408(b), a
Roth IRA described in IRS Code Section 408A (subject to applicable income tax requirements),
an annuity described in IRS Code Section 403(a), an annuity described in IRS Code Section
403(b), an eligible plan under IRS Code Section 457(b) which is maintained by a state, political
subdivision of a state, or any agency or instrumentality of a state or political subdivision of a
state and which agrees to separately account for amounts transferred into such plan from this
Plan, or a qualified trust described in IRS Code Section 401(a), that accepts the Distributee's
Eligible Rollover Distribution. The definition of Eligible Retirement Plan shall also apply to the
case of a distribution to a surviving spouse of a Member or Retired Member, or to a spouse or
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former spouse of a Member or Retired Member who is the alternate payee under a Qualified
Domestic Relations Order as defined in Article II, Section 2.w. In the case of a distribution to a
Beneficiary other than a spouse or former spouse of a Member or Retired Member, an Eligible
Retirement Plan shall only be an individual retirement account described in IRS Code Section
408(a) or an individual retirement annuity described in IRS Code Section 408(b) that is treated as
an inherited IRA in accordance with the provisions of IRS Code Section 402(c)(11).
d. "Eligible Rollover Distribution" means a distribution of all or any portion of the
balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not
include:
(i) any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of the
Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's
designated Beneficiary; or for a specified period of 10 years or more;
(ii) any distribution to the extent such distribution is required under IRS Code
Section 401(a)(9); and
(iii) the portion of any distribution that is not includible in gross income.
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ARTICLE XIV
Modification Or Termination Of Plan
Section 1. Expectation. It is the expectation of the City Council that it will continue
this Plan and the payment of its contributions hereunder indefinitely, but continuance of the Plan
is not assumed as a contractual obligation of the City.
Section 2. Amendment. The City Council reserves the right to alter, amend, or
terminate the Plan or any part thereof in such manner as it may determine, and such alterations,
amendment or termination shall take effect upon notice thereof from the City Council to the
Retirement Committee; provided that no such alteration or amendment shall permit any part of
the Fund to revert to or be recoverable by the City or to be used for or diverted to purposes other
than for the exclusive benefit of Members, Retired Members, Vested Members or Beneficiaries
under the Plan, except such monies, if any, that may remain after termination of the Plan and the
funding agreement (and after satisfaction of all liabilities with respect to Members, Retired
Members, Vested Members and Beneficiaries under the Plan) and which are due solely to
erroneous actuarial assumptions.
Section 3. Approval Under the Internal Revenue Code. The Plan is intended to
comply with the requirements of the applicable provisions of IRS Code Section 401(a) as now in
effect or as hereafter amended, and any modification or amendment of the Plan may be made
retroactive, as necessary or appropriate, to establish and maintain such compliance.
Section 4. Discontinuance. The City Council reserves the right at any time and for
any reason satisfactory to it to discontinue permanently all contributions under this Plan. Such
discontinuance shall be deemed to be a complete termination of the Plan.
Section 5. Termination. In the event of a partial or complete termination of the Plan,
all affected monies covered by the Plan and the funding agreement shall be allocated to
Members, Retired Members, Vested Members and Beneficiaries in proportion to the actuarial
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reserves for each Member’s (or Beneficiary’s) Accrued Benefit at the date of termination of the
Plan.
Section 6. Distribution. When the monies covered by the Plan and the Funding
Agreement have been allocated as indicated above, the distribution may be made in the form of
cash or nontransferable annuity contracts as determined by the Retirement Committee, provided
that any monies remaining after the satisfaction of all liabilities to Members, Retired Members,
Vested Members and Beneficiaries under the Plan may be withdrawn by the Retirement
Committee from the Fund and refunded to the City.
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ARTICLE XV
Limitations
Section 1. Limitation of Benefits. Notwithstanding any other provision contained
herein to the contrary, the benefits payable to a Member from this Plan provided by City
contributions shall be subject to the limitations of Code Section 415 in accordance with
subparagraphs a. through e. below:
a. Any annual Pension payable to a Member hereunder shall not exceed the “defined
benefit dollar limitation” under IRS Code Section 415(b), which is $160,000, as adjusted under
IRS Code Section 415(d) in such manner as the Treasury Secretary shall prescribe, and payable
in the form of a straight life annuity.
b. Determining Limitation if Benefit Not Single Life Annuity: If the form of benefit
is other than a single life annuity, such form must be adjusted to an Actuarially Equivalent single
life annuity. For Limitation Years beginning on or after July 1, 2007:
1. The Actuarial Equivalent of a Plan benefit payable in a form not subject to
Code Section 417(e)(3) means the actuarially equivalent straight life annuity equal to the greater
of the annual amount of the straight life annuity payable to the Member under the Plan
commencing on the same date as the Member’s form of benefit and the annual amount of the
straight life annuity commencing on the same date that has the same actuarial present value as
the Member’s form of benefit, computed using a five percent (5%) interest rate assumption and
the mortality assumption set forth in Section 2.b. of Article II.
2. The Actuarial Equivalent of a Plan benefit payable in a form subject to
Code Section 417(e)(3) means the actuarially equivalent straight life annuity equal to the greater
of the benefit computed using the Plan’s interest rate and mortality table used for Actuarial
Equivalence for the particular form of benefit payable to the Member on the benefit
commencement date and the benefit computed using a five and one-half percent (5.5%) interest
rate assumption and the mortality assumption set forth in Section 2.b. of Article II, commencing
at the same date. For Plan Years beginning after December 31, 2005, the Actuarial Equivalent of
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a Plan benefit payable in a form subject to Code Section 417(e)(3) means the actuarially
equivalent straight life annuity payable on the Member’s benefit commencement date equal to
the benefit computed using the mortality assumption set forth in Section 2.b. of Article II and an
interest rate assumption that is the greatest of:
i. Five and one-half percent (5.5%);
ii. the rate that provides a benefit that is not more than one hundred five
percent (105%) of the benefit that would be provided if the “applicable interest rate” under Code
Section 417(e)(3) were the interest rate assumption; or
iii. the rate used for Actuarial Equivalence for the particular form of benefit
payable.
No adjustment is required for the following: qualified joint and survivor annuity
benefits; pre-retirement disability benefits; pre-retirement death benefits; and post-retirement
medical benefits.
(c) Effective January 1, 2008, the maximum annual Pension shall be adjusted when
required, as provided in paragraph 1. below, and if applicable, 2. or 3. below).
(1) Adjustment for Less than Ten (10) Years of Service or Participation: If the
Member has fewer than ten (10) years of participation in the Plan, the defined benefit dollar
limitation shall be multiplied by a fraction, (i) the numerator of which is the number of years (or
part thereof) of participation in the Plan and (ii) the denominator of which is ten (10). If the
Member has fewer than ten (10) years of service with the Employer, the defined benefit
compensation limitation shall be multiplied by a fraction, (i) the numerator of which is the
number of years (or part thereof) of service with the City and (ii) the denominator of which is ten
(10). The provisions of this subparagraph 1. shall not apply to distributions made on account of a
Member’s Disability or Death.
(2) Payment Beginning Before Age 62. If payment to a Member commences
before the Member attains age sixty-two (62), the defined benefit dollar limitation applicable to
the Member at such earlier age is an annual benefit payable in the form of a straight life annuity
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beginning at the earlier age that is the Actuarial Equivalent of the defined benefit dollar
limitation applicable to the Member at age sixty-two (62) (adjusted under paragraph 1. above, if
required). The defined benefit dollar limitation applicable at an age before age sixty-two (62) is
determined as the lesser of:
(i) the Actuarial Equivalent (using the Member’s age based upon
completed calendar months as of the commencement of Retirement Benefits) of the defined
benefit dollar limitation computed using a 5% interest rate and the mortality table specified in
Section b.(3) of Article II of the Plan, and
(ii) the product of the defined benefit dollar limitation multiplied by the
ratio of (1) the annual Retirement Benefit of the Member as of the date of commencement of
Retirement Benefits, to (2) the annual Retirement Benefit of the Member at age 62, with
components (1) and (2) of the ratio computed without regard to the limitations of IRS Code
Section 415.
Any decrease in the defined benefit dollar limitation determined in accordance with this
paragraph (b) shall not reflect a mortality decrement if benefits are not forfeited upon the death
of the Member. If any benefits are forfeited upon death, the full mortality decrement is taken into
account.
(3) Payment Beginning After Age 65. If payment to a Member commences
after the Member attains age sixty-five (65), the defined benefit dollar limitation applicable to
the Member at the later age is the annual benefit payable in the form of a straight life annuity
beginning at the later age that is the Actuarial Equivalent of the defined benefit dollar limitation
applicable to the Member at age sixty-five (65) (adjusted under paragraph 1. above, if required).
The Actuarial Equivalent of the defined benefit dollar limitation applicable at an age after age
sixty-five (65) is determined as the lesser of:
(i) the Actuarial Equivalent (using the Member’s age based upon
completed calendar months as of the commencement of Retirement Benefits) of the defined
benefit dollar limitation computed using a 5% interest rate and the mortality table specified in
Section b.(3) of Article II of the Plan, and
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(ii) the product of the defined benefit dollar limitation multiplied by the
ratio of (1) the annual Retirement Benefit of the Member as of the date of commencement of
Retirement Benefits, to (2) the annual Retirement Benefit of the Member at age 65, with
components (1) and (2) of the ratio computed without regard to the limitations of IRS Code
Section 415.
For these purposes, mortality between age sixty-five (65) and the age at which benefits
commence shall be ignored.
(d) In no event shall a Member’s maximum annual Pension allowable under this
Section be less than the annual amount of Pension (including Early Retirement Benefits and
qualified joint survivor annuity amounts) duly accrued by such Member under IRS Code Section
415 limitations then in effect as of December 31, 1982 (disregarding any Plan changes or cost-
of-living adjustments occurring after July 1, 1982, as to the 1982 accrued amount).
(e) Aggregation of Employer Plans. In applying the limits of this Article XV,
Section 1, all defined benefit plans sponsored by the Employer are treated as a single plan.
Benefits payable under any other plan with respect to a Member shall be reduced to the extent
possible before any reduction will be made in such Member's benefits under this Plan, if
necessary to observe these limits.
Section 2. Consolidation or Merger. This Plan shall not be merged or consolidated
with, nor shall any assets or liabilities be transferred to any other Plan, unless the benefits
payable to each Member (if the Plan were terminated immediately after such action) would be
equal to or greater than the benefits to which such Member would have been entitled if this Plan
had been terminated immediately before such action.
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ARTICLE XVI
Retirement Committee.
Section 1. Appointment and Term of Retirement Committee Members. The
Retirement Committee shall be composed of six (6) members. The City's Chief Financial
Officer or his or her designee within Financial Services shall be a member of the Retirement
Committee and shall keep all records and minutes of meetings. The other five (5) members of
the Retirement Committee shall be appointed by the City Council to serve at its pleasure and for
overlapping terms designated by the City Council. Of the five (5) appointed members, four (4)
shall be either an employee of the City who is covered by the Plan, a terminated-vested Member
of the Plan, or a retired Member of the Plan who is receiving a monthly retirement benefit. The
fifth appointee shall be either an employee of the City who is covered by the Plan or a tax-paying
elector of the City. [Amended effective 10-2-12 by Ord. 099-2012]
Section 2. Resignation of Retirement Committee Member. Any Retirement
Committee Member may resign at any time upon giving written notice thereof to the City Clerk.
Such resignation shall become effective immediately upon the receipt of such written notice by
the City Clerk.
Section 3. Removal of Retirement Committee Member. Any Retirement Committee
Member may be removed at any time for any reason, with or without cause, by the City Council
so notifying the Retirement Committee Member in writing. Such removal shall be effective
immediately upon the Retirement Committee Member receiving any such notice.
Section 4. Rights as Successor Retirement Committee Members. Each successor
Retirement Committee Member appointed as provided in Section 1 of this Article shall upon
succeeding as such Retirement Committee Member be vested with all of the rights, powers and
discretions herein vested in and imposed upon the Retirement Committee Members.
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Section 5. Responsibility of Successor Retirement Committee Member for Acts of
Predecessors. No successor Retirement Committee Member shall have any duty to examine the
accounts or doings of his predecessors. Any successor Retirement Committee Member shall be
responsible only for the money and property known to him to comprise the principal and income
of the Fund and shall in no way be liable or responsible for anything done or omitted to have
been done by his predecessors or by the Retirement Committee prior to the date of the successor
Retirement Committee Member’s appointment.
Section 6. Use of Corporate Trustee. At any time and from time to time the
Retirement Committee may appoint, as Corporate Trustee, a bank or trust company located in the
United States which has capital and surplus aggregating not less than $500,000,000.00, as shown
by its last published statement. The Retirement Committee may delegate to the Corporate
Trustee (i) the power to hold all or any part of the Fund as sole trustee of a trust separate from
the Fund created by this Agreement (and not as agent of the Retirement Committee or as Co-
Fiduciary hereunder with the Retirement Committee), (ii) the power to invest and reinvest the
Fund in the Corporate Trustee's sole discretion, and (iii) such other duties and powers as the
Retirement Committee may deem advisable. The Retirement Committee may enter into and
execute a trust agreement with the Corporate Trustee, which agreement shall contain such
provisions as the Retirement Committee may deem advisable. The Corporate Trustee shall have
no obligations under this Agreement or under the Plan and its powers and duties shall be limited
to those set forth in the agreement between it and the Retirement Committee. Upon execution of
an agreement with the Corporate Trustee, the Retirement Committee may transfer and convey to
the Corporate Trustee any part or all of the assets of the Fund acceptable to the Corporate
Trustee, and thereupon, the Retirement Committee shall be released and discharged from any
responsibility or liability with respect to the assets so transferred as to any period subsequent to
such transfer and with respect to the investment and reinvestment thereof by the Corporate
Trustee during the time the Fund is in the hands of the Corporate Trustee. Notwithstanding
such transfer, the Retirement Committee shall continue to carry out its administrative
functions under the Plan in accordance with the provisions of the Plan.
Section 7. Removal of Corporate Trustee. Any Corporate Trustee appointed as
provided in Section 6 may be removed at any time, with or without cause, by majority vote of the
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Retirement Committee and upon written notice thereof being furnished to such Corporate
Trustee as provided by the terms of the Corporate Trustee or Co-Trustee Agreement previously
entered into by the Retirement Committee with such Corporate Trustee or Co-Trustee. If and
when so removed, such Corporate Trustee or Co-Trustee shall, cause to be transferred to the
Retirement Committee any and all Fund property, assets and records then in its possession.
Section 8. Meetings and Procedures of Retirement Committee. The meetings and
procedures of the Retirement Committee shall be as set forth in the City Code and the Boards
and Commissions Manual adopted by City Council, as the same may be amended from time to
time by City Council.
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ARTICLE XVII
Administration Of The Plan; Investment of Fund
Section 1. Retirement Committee. The Retirement Committee shall administer the
Plan.
Section 2. Management of the Plan. The Retirement Committee shall have all
powers necessary to effect the management and administration of the Plan in accordance with its
terms, including, but not limited to, the following:
a. To designate a Funding Agent, which may be the Retirement Committee, the
financial officer of the City, an insurance company, or a trustee, to manage the Retirement Fund.
b. To establish rules and regulations for the administration of the Plan, for managing and
discharging the duties of the Committee, for the Committee’s own government and procedure in
so doing, and for the preservation and the protection of the Funds.
c. To interpret the provisions of the Plan and to determine any and all questions arising
under the Plan or in connection with the administration thereof. A record of such actions and all
other matters properly coming before the Committee shall be kept and preserved.
d. To determine all considerations affecting the eligibility of any Employee to be or
become a Member of the Plan.
e. To determine the Credited Service of any Member and to compute the amount of
Retirement Benefit, or other sum, payable under the Plan to any person.
f. To authorize and direct all disbursements of Retirement Benefits and other sums
under the Plan.
g. With the advice of its actuary, to adopt, such mortality and other tables as it may
deem necessary or appropriate for the operation of the Plan from time to time.
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h. To make or arrange for valuations and appraisals of Fund assets held under the Plan,
and, with the advice of the actuary, to determine the liabilities of the Plan.
i. To hold assets of the Plan in a special account entitled "Retirement Plan Fund," and
invest and reinvest the same and to make such withdrawals therefrom as are authorized by the
Plan for the payment of Retirement Benefits and the expenses of the Committee and the
members thereof.
j. To maintain such records and accounts and to render such financial statements and
reports as may be required by the City Council.
k. To authorize one or more members of the Retirement Committee to sign all legal
documents and reports on behalf of the Retirement Committee.
Section 3. Miscellaneous Administrative Provisions. All proper expenses incurred
by the Retirement Committee in the administration of the Plan, if not paid by the City, shall be
paid from the Fund when authorized by the Retirement Committee.
The Retirement Committee shall have no power to add to, subtract from or modify any of
the terms of the Plan, nor to change or add to any benefits provided by the Plan, nor to waive or
fail to apply any requirements of eligibility for Retirement Benefits under the Plan. A member
of the Retirement Committee shall not vote on any matter relating solely to such Member's rights
or benefits under the Plan. If a Committee Member is so disqualified to act and the remaining
Members cannot agree, the City Council shall appoint a temporary substitute member to exercise
all of the powers of the disqualified Member concerning the matter in which such disqualified
Member is disqualified.
The decision of the Retirement Committee and any action taken by it in respect to the
management of the Plan shall be conclusive and binding upon any and all Employees, officers,
former Employees and officers, Members, Retired Members, Vested Members, their
Beneficiaries, heirs, distributees, executors, and administrators and upon all other persons
whomsoever, but the Committee at all times shall act in a uniform and nondiscriminatory
manner. Neither the establishment of this Plan nor any modifications thereof or any action taken
thereunder or any omission to act, by the Retirement Committee, the City Council or any of their
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members shall be construed as giving to any Member or other person any legal or equitable right
against the City or any officer or employee thereof or against the Retirement Committee, the City
Council, or any of their members.
Section 4. Investment Powers and Duties. Notwithstanding any delegation of
investment powers by the Retirement Committee to the Funding Agent or to an Investment
Manager hereunder, the Retirement Committee reserves the ultimate power to direct the
investment and/or reinvestment any and all money or property of any description at any time
held by it and constituting a part of the Fund.
The Retirement Committee shall at all times direct the investment of all money and
property held by the Fund in accordance with the investment policy duly adopted by the
Retirement Committee, as the same may be modified from time to time, and with the Colorado
Uniform Prudent Investor Act, Article 1.1, of Title 15, C.R.S., as amended.
Section 5. Fund Management Powers and Duties of Retirement Committee. The
Retirement Committee shall have the power to do any of the following:
a. Investment. The Retirement Committee may hold such amount of uninvested
cash as the Retirement Committee in its discretion deem appropriate and may invest and
reinvest the principal and income of the Fund in any property or undivided interest in
property, wherever located, including bonds, secured and unsecured notes, stocks of
corporations regardless of class and including investment companies, real estate or any
interest in real estate and interest in trusts, including common trust funds, in such amounts or
proportions as the Retirement Committee shall determine without being limited by any
present or future statute or rule of law of the State of Colorado or any other jurisdiction
concerning investments by the Retirement Committee, nor shall the Retirement Committee
be limited to the amount or type of any investment by its relations to the amount or type of
investments constituting the Fund as a whole. The Retirement Committee may elect in each
case either to exercise or to sell any subscription rights received as the result of any such
investments. Notwithstanding the foregoing paragraph, the Retirement Committee shall
exercise its investment authority hereunder in accordance with its investment policy, as the
same may be modified from time to time.
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b. Conflict of Interest. No member, officer, or employee of the City or of a local
public body during his tenure or six months thereafter shall have any interest, direct or
indirect, in the Fund or the proceeds thereof, other than the benefits to which an employee
shall or may become entitled pursuant to the Plan.
c. Purchase of Insurance Contracts. The Retirement Committee may enter into
such insurance contracts and policies, make such premium or other payments thereon, make
such elections thereunder and take such actions with respect thereto, as are authorized,
directed or contemplated by the Plan and as the Retirement Committee shall, in the exercise
of the discretion given to it under the Plan, determine, but in no event may the amount of
insurance be greater than one hundred times the anticipated monthly annuity of a Plan
Member.
d. Sale of Property. The Retirement Committee may sell for cash or on credit, at
public or private sale, any property included in the principal or income of the Fund, or
exchange any such property for other property, or grant options to acquire such property, and
the Retirement Committee may determine the prices and terms of all such sales, exchanges
and options and may execute contracts, conveyances and other instruments, including
instruments containing covenants and warranties binding upon the Fund and containing
provisions excluding the personal liability of the Retirement Committee Members.
e. Bank Accounts. The Retirement Committee may establish such bank accounts
and make deposits to and withdrawals from such accounts and may delegate the right and
power to make such deposits and withdrawals to members of the Retirement Committee or
the Funding Agent.
f. Enforcement, Settlement and Litigation. The Retirement Committee may take
any and all actions it deems necessary or advisable to enforce and protect the property, rights
and interests of the Fund, including enforcing the performance of any insurance contracts or
policies or other contracts or commitments of and with the Fund. The Retirement Committee
may take any and all actions with respect to conserving or realizing upon the value of any
property included in the principal or income of the Fund and with respect to foreclosures,
reorganizations or other charges affecting such property, which an individual owner of such
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property could take. The Retirement Committee may arbitrate, compromise, settle or
abandon claims by or against the Fund, as the Retirement Committee shall, in its sole
discretion, deem best.
g. Assistants and Agents. The Retirement Committee may employ attorneys,
auditors, depositaries, real estate managers and agents with or without discretionary powers,
may vote any stocks or other property included in the principal of the Fund either in person
or by proxy and may keep any property in the name of a Retirement Committee Member or
nominee, with or without disclosure of any fiduciary relationship, or in bearer form. The
Retirement Committee may delegate to voting Retirement Committee Members, bondholders'
committees and any other person any duties which the Retirement Committee deem it
desirable to delegate for the preservation of the principal or income of the Fund.
h. Trust Expenses. The Retirement Committee shall pay promptly out of the Fund
all taxes and expenses incurred in the administration of the Fund and may pay any amount
necessary to preserve the principal or income of the Fund and any amounts incidental to the
exercise of any of the powers, or to the performance of any of the duties, given to the
Retirement Committee hereunder.
i. Construction of Trust Provisions of Plan. The Retirement Committee may interpret
and construe the trust provisions hereunder and may adopt reasonable regulations not
inconsistent herewith and such interpretation and construction of the Retirement Committee
shall be binding on all concerned, whomsoever.
Section 6. Delegation of Fund Management and Investment Duties to Funding
Agent. The Retirement Committee delegates the performance of the following of its duties
hereunder to the financial officer of the City, acting as the Funding Agent hereunder, who shall
be a co-fiduciary of the Fund:
a. The Funding Agent shall receive from the City, all contributions to the Fund
therein established.
b. The Funding Agent shall receive all of the income from the Fund.
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c. The Funding Agent shall pay out of the Fund, upon written instructions from
the Retirement Committee or its agents, the funds required for payments under the Plan.
d. The Funding Agent shall invest and reinvest the corpus and income of the
Fund, subject to the requirements of the Plan, in accordance with the investment policies of
the Retirement Committee, as the same may be modified from time to time.
e. The Funding Agent shall maintain such records and accounts of the Fund, and
shall render such financial statements and reports thereof, as may be required from time to
time by the City Council or the Retirement Committee.
f. The Funding Agent may, by specific written authorization, delegate to a City
finance department employee any of the powers and duties of the Funding Agent set forth in
this Section, including, but not limited to, the power to carry out and manage the investments
of the Fund.
Section 7. Delegation of Investment Powers to Investment Manager. The
Retirement Committee shall have full discretion and authority with regard to the investment of
the Fund, as provided in Section 4, except to the extent it has delegated such discretion and
authority to the Funding Agent and/or an Investment Manager with respect to Fund assets under
the Funding Agent’s or Investment Manager's control or direction, as the case may be.
a. Appointment of Investment Manager. The Retirement Committee may appoint
one or more Investment Managers to manage the assets of all or any part of the Fund. Each such
Investment Manager shall be either:
(i) registered as an investment adviser under the Investment Advisers Act of
1940;
(ii) a bank, as defined in such Act; or
(iii) an insurance company qualified to perform the services of Investment
Manager under the laws of more than one state.
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Attachment: Exhibit A (3936 : GERP RESO)
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The Retirement Committee shall obtain from any Investment Manager a written
statement:
(i) acknowledging that if ERISA applied to the Plan, such Investment
Manager would be or on the effective date of its appointment would become a fiduciary within
the meaning of ERISA Section 3(21)(A) with respect to the Fund assets under its management;
and
(ii) certifying that it is either an investment adviser, a bank, or an insurance
company, which is qualified to be appointed as an Investment Manager hereunder.
The Retirement Committee shall enter into a written contract or agreement with each
such Investment Manager in connection with its appointment as such, and such contract shall be
subject to such terms and conditions and shall grant to the Investment Manager such authority
and responsibilities as the Retirement Committee deems appropriate under the circumstances.
The Retirement Committee shall not be responsible for any investment decision made by an
Investment Manager unless the Retirement Committee or an individual Member actually makes
the investment decision.
b. Investment Manager Communications with Retirement Committee. Any
investment directions or notifications from an Investment Manager to the Retirement Committee
may be made orally or in writing, or in such manner as shall be agreed upon between the
Investment Manager and the Retirement Committee; provided, in the event the Investment
Manager gives the Retirement Committee oral recommendations, directions or notifications, the
Investment Manager shall confirm such directions or notifications in writing immediately
thereafter.
c. Conflict with Fiduciary Duties. Notwithstanding the foregoing, if, in the
Retirement Committee's sole discretion, the execution of any instruction with respect to, or the
continued holding of any assets in, an investment managed by an Investment Manager would be
in violation of the Retirement Committee's fiduciary responsibilities, the Retirement Committee
may refuse to execute such instruction or may dispose of such asset or assets, respectively;
provided, the Retirement Committee shall not be responsible for the acts or omissions of such
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Investment Manager. In any such case, the Retirement Committee shall promptly notify the
Investment Manager of such situation.
d. Failure to Invest Portion of Fund Assets. In the event that an appointed
Investment Manager shall fail to invest all or any portion of the assets under its management, the
Retirement Committee shall be responsible for the investment of such assets. If an appointed
Investment Manager shall fail to give the Retirement Committee instructions or directions-
relating to the voting of shares held pursuant to an investment directed by the Investment
Manager or the execution and delivery of proxies, or relating to the purchase and sale of
fractional shares or the exercise of any other ownership right, the Retirement Committee shall
take such action as it deems to be in the best interest of the Fund, provided such action is
consistent with the then existing Investment Policy Statement established by the Retirement
Committee.
e. Termination of Appointment. Upon termination of the appointment of an
Investment Manager, the Retirement Committee may appoint a successor Investment Manager
with respect to the investments formerly under the management of the terminated Investment
Manager or may merge or combine such investments with other investments or Trust assets
within the guidelines of the Retirement Committee’s investment policy.
f. Asset Transfer. If the Retirement Committee directs an Investment Manager to
hold a portion of the assets of the Fund as well as make the investment decisions for such assets,
the Retirement Committee shall enter into such contractual or other arrangements as are
necessary for the transfer and custody of such assets of the Fund. If the Retirement Committee
terminates such Investment Manager, it shall take such action to recapture and take directly into
the Fund any assets so transferred.
g. Reports and Valuations. An Investment Manager who has custody of any portion
of the assets of the Fund shall keep accurate and detailed books and records on all investments,
receipts, disbursements and other transactions for such account and shall determine the fair
market value of the assets of such account as of each reporting date determined by the
Retirement Committee, and, further, shall file a copy of such books and records and valuations
with the Retirement Committee on or before such deadlines as the Retirement Committee shall
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{00270991:} 50
reasonably set. The Retirement Committee also shall have the right to request that any person
who is responsible for making the investment decisions for an investment account determine the
fair market value of any asset, or all of the assets, held for that account and file a copy of such
valuation with the Retirement Committee before such deadlines as the Retirement Committee
reasonably shall set, and each such person shall comply with any such request.
Section 8. Retirement Committee May Rely Upon Documents Which Are
Apparently Genuine. The Retirement Committee shall be fully protected in relying upon any
written instrument purporting to be signed by a duly authorized officer of the City or by any
other person authorized to sign for the City, or in reliance upon a certified copy of resolutions of
the City Council or in reliance upon the sworn statements of any duly authorized representatives
of the City, any of which the Retirement Committee, in good faith, believes to be genuine.
Section 9. Fiduciary Responsibilities. The Retirement Committee is empowered to
allocate fiduciary responsibilities among the Retirement Committee Members and to designate
persons other than Retirement Committee Members, including the Funding Agent, to carry out
fiduciary responsibilities as provided in the Plan. The power to allocate fiduciary responsibility
shall not apply to the allocation of the responsibility to manage the assets of the Fund other than
the power to appoint the Funding Agent or the Investment Manager or Managers.
Section 10. Liability and Insurance.
a. Limitation of Liability. The Retirement Committee is hereby empowered to do all acts
whether or not expressly authorized herein which the Retirement Committee may deem
necessary to accomplish the general objective of maintaining the Fund solely in the interests of
the Plan Members and beneficiaries for the exclusive purpose of (1) providing benefits to
Members and beneficiaries; and (2) defraying reasonable expenses of administering, managing
and investing the Plan and the Fund. Such actions shall be taken with care, skill, prudence, and
diligence required by the Colorado Uniform Prudent Investor Act, Article 1.1, of Title 15,
C.R.S., as amended. Such actions shall include the diversification of the investments of the Plan
so as to minimize the risk of large losses unless under the circumstances it is clearly prudent not
to do so, and all such actions shall be in accordance with documents and instruments governing
the Plan insofar as such documents and instruments are consistent with applicable law. If an
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Investment Manager or Managers have been duly appointed in accordance with the terms
hereunder, no Retirement Committee Member shall be liable for the acts or omissions of such
Investment Manager or Managers or under an obligation to invest or otherwise manage any
asset of the Plan which is subject to the management of such Investment Manager or Managers.
b. Errors and Omissions Insurance. The Retirement Committee may authorize the
purchase of errors and omissions insurance for the Members collectively and/or individually
and for any other fiduciary to the Retirement Fund, including the Funding Agent, to cover
liability or losses occurring by reason of the act or omission of a fiduciary. Payment for said
errors and omissions insurance, where permissible by law, may be made out of the Fund.
c. Indemnity. The City shall indemnify and hold harmless each Retirement
Committee Member and any City Employee serving as the Funding Agent from any and all
claims, losses, damages, expense (including attorneys' fees approved by the Retirement
Committee or the Funding Agent), and liability (including any amounts paid in settlement
with the Retirement Committee's or the Funding Agent’s approval) arising from any act or
omission of such Retirement Committee Member or such Funding Agent, if all of the
following circumstances exist:
(1) The claim against the Retirement Committee Member or the Funding
Agent arises from an act or omission of the Retirement Committee Member or the Funding
Agent occurring during the performance of the his or her duties and within the scope of the
his or her employment with the City;
(2) The Retirement Committee Member’s or the Funding Agent's act or
omission was not "willful and wanton," that is, conduct purposely committed which he or she
must have realized as dangerous, done heedlessly and recklessly, without regard to
consequences, or the of the rights and safety of others, particularly the person injured;
(3) The defense of sovereign or governmental immunity is not available under
the Colorado Governmental Immunity Act to bar the claim against the Retirement Committee
Member or the Funding Agent (this circumstance, however, shall not apply to the City's
obligation under this Section to pay the defense costs of its employees);
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(4) The Retirement Committee Member or the Funding Agent has not
compromised or settled the claim without the consent of the City;
(5) If the civil claim is asserted in a lawsuit filed against the Retirement
Committee Member or the Funding Agent that does not name the City as a co-defendant, the
Retirement Committee Member or the Funding Agent has notified the City in writing about
the lawsuit within fifteen (15) days after being served with the summons and complaint;
(6) The Retirement Committee Member or the Funding Agent has not
willfully and knowingly failed to notify the City of the incident or occurrence which led to
the claim within a reasonable time after such incidence or occurrence, if such incidence or
occurrence could reasonably have been expected to lead to a claim; and
(7) If there exists any other prerequisite under the Colorado Governmental
Immunity Act to the City's obligations to defend and indemnify the Retirement Committee
Member or the Funding Agent, he or she has satisfied that prerequisite.
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The Retirement Committee and the Funding Agent hereby accept the terms of and
execute this Amended and Restated Plan this ____ day of _____________________, 20____.
RETIREMENT COMMITTEE
Date
Date
Date
Date
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RETIREMENT COMMITTEE (cont)
Date
Date
FUNDING AGENT
Date
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
SUBJECT
Resolution 2016-002 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort
Collins.
EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards,
commissions, and authorities due to resignations of board members and vacancies to be created upon the
expiration of terms of current members. Applications were solicited during September and October. Council
teams interviewed applicants in December. This Resolution appoints individuals to fill current vacancies and
expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be
advertised as needed.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Section 1 of this Resolution makes 4 appointments to 4 boards and commissions to fill current vacancies with
terms to begin immediately. Names of those individuals recommended to fill current vacancies have been
inserted in the Resolution with the expiration date following the names.
Section 2 of this Resolution makes 27 appointments to 13 boards and commissions to fill expired terms to
begin on January 1, 2016. Names of those individuals recommended to fill expired terms have been inserted
in the Resolution with the expiration date following the names.
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RESOLUTION 2016-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS
BOARDS, COMMISSIONS, AND AUTHORITIES
OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist on various boards, commissions, and authorities of
the City due to resignations by board members and vacancies will be created due to the
expiration of the terms of certain members; and
WHEREAS, the City Council desires to make appointments to fill the vacancies which
exist on the various boards, commissions, and authorities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following named persons are hereby appointed to fill current
vacancies on the boards, commissions, and authorities hereinafter indicated, with terms to begin
immediately and to expire as set forth after each name:
Affordable Housing Board Expiration of Term
Jennifer Bray December 31, 2017
Economic Advisory Commission Expiration of Term
Glen Colton December 31, 2016
Energy Board Expiration of Term
Bob McDonald December 31, 2018
Senior Advisory Board Expiration of Term
Gosha Croitor December 31, 2017
Section 2. That the following named persons are hereby appointed to fill expired terms
on boards, commissions, and authorities hereinafter indicated, with terms to begin January 1,
2016 and to expire as set forth after each name:
Affordable Housing Board Expiration of Term
Jeff Johnson December 31, 2019
Kristin Fritz December 31, 2019
Packet Pg. 432
Commission on Disability Expiration of Term
Michael Marr December 31, 2019
John Morris December 31, 2019
Economic Advisory Commission Expiration of Term
Ann Hutchison December 31, 2018
Alan Curtis December 31, 2018
General Employees Retirement Committee Expiration of Term
John Lindsay December 31, 2019
Golf Board Expiration of Term
John Lyttle December 31, 2019
Kathy Meyer December 31, 2019
Land Conservation Stewardship Board Expiration of Term
Joe Piesman December 31, 2019
Vicky McLane December 31, 2019
Landmark Preservation Commission Expiration of Term
Kristin Gensmer December 31, 2019
Sarah Payne December 31, 2019
Natural Resources Advisory Board Expiration of Term
Katherine de Leon December 31, 2019
Drew Derderian December 31, 2019
Jay Adams December 31, 2019
Packet Pg. 433
Parking Advisory Board Expiration of Term
Eleanor Hill December 31, 2019
Bob Criswell December 31, 2019
George Newman December 31, 2019
Parks and Recreation Board Expiration of Term
Kenneth Layton December 31, 2019
Ragan Adams December 31, 2019
Senior Advisory Board Expiration of Term
Alan Beatty December 31, 2019
Sarah Schliz December 31, 2019
Gregory Wells December 31, 2019
Transportation Board Expiration of Term
Gary Thomas December 31, 2019
Cari Brown December 31, 2019
Women’s Commission Expiration of Term
Hannah Little December 31, 2019
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of January, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
SUBJECT
First Reading of Ordinance No. 010, 2016, Amending Section 15-620 of the Code of the City of Fort Collins
Relating to Retail Marijuana Establishments' Hours of Operation.
EXECUTIVE SUMMARY
The purpose of this item is to change the allowable operating hours of retail marijuana businesses from 8:00
a.m. to 7:00 p.m. to 8:00 a.m. to 8:00 p.m.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Since the adoption of local retail marijuana regulations, changes have been made to operating hours at the state
level; Larimer County has adopted 8:00 a.m. to 8:00 p.m. operating hours for retail marijuana businesses in the
County.
To maintain consistency and to address a perceived advantage to County located businesses, staff is
recommending the proposed change in operating hours.
PUBLIC OUTREACH
Licensed businesses will be notified if the amendment is adopted.
ATTACHMENTS
1. Powerpoint presentation (PDF)
15
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Retail Marijuana-Hours of Operation
City Council Regular Meeting
January 5, 2015
15.1
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Attachment: Powerpoint presentation (3954 : Marijuana Hours of Operation)
Amendment for Consideration
- Amendment changes operating hours from
8 a.m.- 7 p.m. to 8 a.m.- 8 p.m.
- Consistent with County businesses
- Within the Rules and Regulations promulgated by the
Marijuana Enforcement Division
- Requested by marijuana local businesses
2
15.1
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Attachment: Powerpoint presentation (3954 : Marijuana Hours of Operation)
Updates
City currently has 12 businesses totaling 43 licenses:
• 5 medical marijuana only centers
• 7 combined retail store and medical center
• 20 licensed grow and 4 MIP facilities (Manufactured
Infused Products)
Continue to get inquiries and applications for MIPs and
associated grows since there is no cap on the number Fort
Collins will allow.
3
15.1
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Attachment: Powerpoint presentation (3954 : Marijuana Hours of Operation)
Updates
• Just completed a first round of annual renewals with no
issues
• 7 medical disciplinary actions resulting in fines, days of
closure, and 2 surrendered licenses
• No retail disciplinary actions
• Police Services has a new dedicated marijuana officer-
Jim Lenderts
• Clerk’s Office new licensing coordinator-early February
4
15.1
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Attachment: Powerpoint presentation (3954 : Marijuana Hours of Operation)
Updates
• Largest unresolved issue statewide is
unlicensed/caregiver grows.
• New legislation in 2017 will help…some.
• Staff team developing regulations to address these
grows. Could come back in Q1 2016.
• Staff looking at assessment and possible BFO offer.
5
15.1
Packet Pg. 440
Attachment: Powerpoint presentation (3954 : Marijuana Hours of Operation)
Amendment for Consideration
Amendment changes operating hours from
8 a.m.- 7p.m. to 8 a.m. - 8 p.m.
6
15.1
Packet Pg. 441
Attachment: Powerpoint presentation (3954 : Marijuana Hours of Operation)
ORDINANCE NO. 010, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 15-620 OF THE CODE OF THE CITY OF FORT COLLINS
RELATED TO RETAIL MARIJUANA ESTABLISHMENTS’ HOURS OF OPERATION
WHEREAS, Article XVII of the City Code establishes regulations for retail marijuana
establishments; and
WHEREAS, such regulations make it unlawful to sell marijuana or marijuana products at
any other time than between the hours of 8:00 a.m. and 7:00 p.m. daily; and
WHEREAS, the current closing time restriction is more restrictive than that in Larimer
County, which allows said sales until 8:00 p.m., placing in-City businesses at a competitive
disadvantage; and
WHEREAS, the City Council has determined that the recommended City Code
amendment is in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 15-620 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 15-620. Prohibited acts.
. . .
(h) It shall be unlawful for any licensee to sell marijuana or marijuana products at a
licensed retail marijuana store at any time other than between the hours of 8:00
a.m. and 7:00 p.m. 8:00 p.m. daily.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 442
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 443
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
SUBJECT
First Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of Fort Collins
Regarding Landmark Preservation.
EXECUTIVE SUMMARY
The purpose of this item is to present to Council proposed changes to the landmark designation procedure set
forth in Article II, Chapter 14, of the City Code to make the landmark designation process more efficient in
cases where a property owner does not consent.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
As a result of recent applications, improvements to the landmark designation process have been identified
when a designation is proposed without the consent of all property owners (“non-consensual designation”).
These improvements would shorten the timeline for action to come before Council when existing information is
already available and create predictability for the property owner as to when a hearing would be scheduled
before Council. The Code revisions would apply to properties currently designated on the National Register of
Historic Places and/or the State Register of Historic Properties, either individually or as a part of a district.
PROPOSED CODE CHANGES
1. Currently, when a non-consensual landmark designation is initiated, staff has fifteen (15) days to
contact the owner(s) of the landmark or landmark district to outline the reasons and effects of
designation as a landmark and, if possible, secure the owner's consent to such designation.
The proposed code changes would allow the fifteen (15) day period to be waived with the consent of
all non-consenting owners of the property.
2. Currently, the LPC holds two public hearings on the designation. The first hearing requires a minimum
thirty (30) days’ notice and is to determine if the property qualifies for landmark designation, and if so,
whether to proceed without an owner’s consent. Proceeding beyond the first hearing requires the
affirmative vote of six (6) members of the LPC. The second hearing, if held, also requires a minimum
thirty (30) days’ notice. After the second hearing, the LPC has up to thirty-five days to adopt a
recommendation for Council regarding the designation. Such recommendation must then be
transmitted to Council within fifteen days. Council has the discretion to hold a public hearing on the
designation and may designate a property by ordinance.
The proposed Code changes would allow the LPC at the first public hearing, upon the affirmative vote
of at least six (6) members, to adopt a resolution to forward the designation matter to the City Council
with a recommendation for non-consensual designation. The LPC may choose to forward the
16
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Agenda Item 16
Item # 16 Page 2
designation matter only where the eligibility of the site, structure, object, or district is supported by its
current individual or district listing on the Colorado State Register of Historic Properties or the National
Register of Historic Places, or both. This would eliminate the time required in the current process by at
least the minimum thirty (30) days’ notice for the second hearing and would eliminate the additional
time allowed for the adoption of a recommendation and transmittal of such recommendation to
Council.
3. Currently, when a non-consensual landmark designation is initiated, the LPC directs staff to investigate
the benefits to the City of landmark designation. While not codified, this generally results in the same
information as that contained in a Colorado Cultural Resource Survey Architectural Inventory Form: a
property history and architectural and construction details of the buildings and structures.
The proposed Code changes would allow staff to provide this information if available. If an inventory is
not available, the Community Development and Neighborhood Services Department (CDNS), at its
own cost, shall commission an expert to complete an inventory provided that sufficient time to
complete the inventory exists prior to any hearing and the property owner consents to allowing the
expert to enter onto the property.
4. Chapter 14 of the City Code does not provide a date by which City Council must consider the
designation upon referral by the LPC.
The proposed Code changes would require that Council consider the designation within seventy-five
days of the receipt of any LPC recommendation. The seventy-five day period may be extended upon
majority vote of the Councilmembers present at the time the vote is taken.
A chart comparing timelines for the current and proposed processes for local designation of a state or federal
landmark without owner(s) consent is provided (Attachment 1).
CITY FINANCIAL IMPACTS
These Code changes provide for an alternative review processes to facilitate the review of certain non-
consensual landmark designations, saving citizens time.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission will discuss the proposed code changes at it January 13, 2016,
meeting.
PUBLIC OUTREACH
Due to timing considerations, no public outreach has occurred.
ATTACHMENTS
1. Comparison of Timelines (PDF)
2. Powerpoint presentation (PDF)
16
Packet Pg. 445
COMPARISON OF TIMELINES FOR CURRENT AND PROPOSED PROCESSES FOR LOCAL
LANDMARK DESIGNATION OF STATE OR FEDERAL LANDMARKS WITHOUT PROPERTY
OWNER(S) CONSENT
(CITY CODE CHAPTER 14)
PROCESS STEP DESCRIPTIONS
APPROXIMATE TIMES –
EXISTING CODE
APPROXIMATE TIMES –
PROPOSED CODE
AMENDMENTS
Initiation of Process
Day 1 Day 1
Director’s initial mailed notice
to Property Owner(s)
15 days minimum 0 days
IF Property Owner(s)
waive the mailed notice
Required Notice prior to LPC
Hearing #1
30 days minimum 30 days minimum
Required Notice prior to LPC
Hearing #2
30 days minimum 0 days
IF LPC adopts
resolution at Hearing #1
to forward designation
recommendation
directly to Council
without LPC Hearing #2
Continuance of LPC Hearing #2 if
at least 6 LPC members not
present at Hearing #2
14 days maximum 0 days
IF LPC adopts
resolution at Hearing #1
to forward designation
recommendation
directly to Council
without LPC Hearing #2
Time after LPC Hearing #2 for
LPC to adopt recommendation
to Council
35 days maximum
0 days
IF LPC adopts
resolution at Hearing #1
to forward designation
recommendation
directly to Council
without LPC Hearing #2
Time after adoption of
recommendation for LPC to
transmit it to Council
15 days maximum
0 days
IF LPC adopts
resolution at Hearing #1
to forward designation
recommendation
directly to Council
Total Approximate Time for LPC
Recommendation to Reach
Council
139 days 30 days minimum
IF Property Owner(s)
waive initial mailed
notice and IF LPC adopts
resolution at Hearing #1
to forward designation
recommendation
directly to Council
without LPC Hearing #2
Time for Council to Reach
Decision After Receiving LPC
Recommendation
No time limit
Council may hold public
hearings (discretionary)
75 days maximum
After receipt of LPC
recommendation
Total Approximate Time from
Initiation to Council’s Decision*
139 days plus no time limit for
Council’s decision
105 days
*These total approximate times will vary depending on LPC and Council meeting schedules,
whether or not the full maximum times are used, and how quickly the minimum time periods
are satisfied.
16.1
Packet Pg. 447
Attachment: Comparison of Timelines (3958 : Landmark Preservation Changes)
Landmark Designation Code Revisions
Karen McWilliams, Historic Preservation Manager
1-5-16
ATTACHMENT 2
16.2
Packet Pg. 448
Attachment: Powerpoint presentation (3958 : Landmark Preservation Changes)
Purpose
Municipal Code Chapter 14, Landmark Preservation
Improve Process:
• Shorten timeline for action
• Create more predictability
Applicability:
• Non-consensual landmark designations
• State and National Register properties
2
16.2
Packet Pg. 449
Attachment: Powerpoint presentation (3958 : Landmark Preservation Changes)
Proposed Code Changes
• Fifteen (15) day consent period may be waived;
• Allows LPC to adopt a resolution at first meeting to
forward the designation matter to City Council; saves
minimum of thirty (30) days;
• Provides process for obtaining property information
if not already available;
• Upon LPC’s referral to Council, defines time by which
Council must consider the designation application
3
16.2
Packet Pg. 450
Attachment: Powerpoint presentation (3958 : Landmark Preservation Changes)
Recommendation
Staff recommends that these Code revisions be
adopted on First Reading.
4
16.2
Packet Pg. 451
Attachment: Powerpoint presentation (3958 : Landmark Preservation Changes)
ORDINANCE NO. 011, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS
REGARDING LANDMARK PRESERVATION
WHEREAS, Chapter 14 of the Code of the City of Fort Collins contains provisions
regarding the preservation of historic sites, structures, objects, and districts; and
WHEREAS, Chapter 14, Article II, of the Code of the City of Fort Collins details the
procedure for designating a historic site, structure, objects, or area (“Property”) as a Fort Collins
Landmark or Fort Collins Landmark District; and
WHEREAS, the procedure for Property owners who consent to designation allows the
Landmark Preservation Commission (“LPC”) to quickly forward a recommendation to City
Council; and
WHEREAS, the procedure for Property owners who do not consent to designation
(“Non-Consensual Designation Procedure”) is a much lengthier process including two public
hearings, lengthy notice periods, and an additional period of time in which the LPC may adopt a
recommendation and forwards it to City Council; and
WHEREAS, the Non-Consensual Designation Procedure to date has been rarely utilized;
and
WHEREAS, it is anticipated that the Non-Consensual Designation Procedure may be
increasingly utilized as a result of increased development and redevelopment within the City in
the vicinity of Property; and
WHEREAS, staff is proposing to amend the Non-Consensual Designation Procedure to
shorten the process for any Property that is currently listed on the State or Federal historic
registers and is, therefore, more clearly eligible for Fort Collins Landmark or Landmark District
status than an unlisted Property; and
WHEREAS, the amended procedure would allow the LPC to forward a Property to City
Council after the LPC’s first public hearing; and
WHEREAS, the City Council has determined that the proposed changes are in the best
interests of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Packet Pg. 452
Section 2. That Section 14-22 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 14-22. - Hearing process.
. . .
(b) If all owners of the property to be designated do not consent to designation of the
property within fifteen (15) days from the date of receipt of the request for consent to
designation, the Commission shall hold a hearing at a specified time, date and place,
following the giving of notice as described in § 14-23 below. The fifteen (15) day period
may be waived with the consent of all non-consenting owners of the property.
(1) The purpose of said hearing shall be to determine whether to proceed with
consideration of the designation process without the consent of one (1) or more
owners of the property. Upon the affirmative vote of at least six (6) of its
members at the hearing, the Commission may adopt a resolution stating that the
preliminary investigation by the Commission indicates that the described property
is eligible for designation as a landmark or landmark district, and stating the
reason the Commission feels that it should further consider the possible
designation of the property without the consent of the owners. The Commission
shall then schedule a second public hearing as described in Subsection (c) below.
(2) Alternatively, upon the affirmative vote of at least six (6) members at the
hearing, the Commission may adopt a resolution to forward the designation matter
to the City Council with a recommendation that the site, structure, object, or
district proposed for landmark or landmark district designation be designated
without the consent of one (1) or more owners of the property. The Commission
may adopt such a resolution forwarding the designation matter to City Council
only where the eligibility of the site, structure, object, or district is supported by
its current individual or district listing on the Colorado State Register of Historic
Properties or the National Register of Historic Places, or both. The Commission
may recommend modification of any proposed designation, but no proposal may
be extended beyond the boundaries of the land described during the initiation of
the designation process unless such initiation and hearing procedures are repeated
for the enlarged boundaries. The Commission shall set forth in its resolution the
findings of fact that constitute the basis for its recommendation. If such a
resolution is adopted, no second public hearing nor any additional action by the
Commission shall be required.
In the event that the Commission does not approve a resolution as described in either (1)
or (2) above, the designation procedure shall be terminated.
(c) Upon determination by the Commission under Subsection (b)(1) that it should
further consider the designation of the property, and following the giving of notice as
described in § 14-23 below, the Commission shall hold a second hearing. At least six (6)
Packet Pg. 453
members of the Commission must be present at such hearing. If at least six (6) members are
not present, the members present shall adjourn the meeting to another date within two (2)
weeks. If at least six (6) members are not present at such adjourned meeting, the hearing
shall be canceled and the designation procedure terminated. If any hearing is continued, the
time, date and place of the continuation shall be established and announced to those present
when the current session is to be adjourned. Such information shall be promptly forwarded,
by regular mail, to the owners of record as established and addressed pursuant to § 14-23.
. . .
Section 3. That Section 14-24 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 14-24. - Department of Community Development and Neighborhood Services
review.
(a) The Department of Community Development and Neighborhood Services
(“CDNS”) shall review the proposed designation with respect to:
(1) Its relationship to the zoning ordinance of the City and the Comprehensive
Plan of the City;
(2) The effect of the designation upon the surrounding neighborhood;
(3) Such other planning considerations as may be relevant.
(b) The Department of Community Development and Neighborhood Services CDNS
shall provide information to the Commission regarding whether the site, structure, object,
or district is currently listed individually or as a district on the Colorado State Register of
Historic Properties or the National Register of Historic Places. Additionally, if available,
CDNS shall provide the Commission with a current Colorado Cultural Resource Survey
Architectural Inventory Form (“Inventory”). If an Inventory is not available, CDNS at its
own cost shall commission an expert to complete an Inventory provided that sufficient
time to complete the Inventory exists prior to any hearing scheduled pursuant to 14-22(b)
and the property owner consents to allowing such expert to enter onto the property.
CDNS shall provide all information related to any application to demolish or alter the
site, structure, or object pursuant to Article IV of this Chapter. CDNS may recommend
approval, rejection or modification of the proposed designation and its recommendation
shall contain a statement of the basis for the recommendation. The recommendation shall
be delivered to the Commission in written form at or prior to any hearing held under
Subsection 14-22(c) above.
Section 4. That Section 14-26 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 14-26. - Transmittal to City Council.
Packet Pg. 454
(a) Within fifteen (15) days after reaching its decision under Subsection 14-22(c)
above, the Commission shall transmit to the City Council its recommendation on the
designation of a landmark or landmark district, including the description of the property
involved and the findings upon which the recommendation was based.
. . .
Section 5. That Section 14-27 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 14-27. - City Council action.
Upon receipt of any the recommendations regarding a proposed designation transmitted
by the Commission, the City Council shall schedule the designation for consideration on
a date as early as reasonably practicable but no more than seventy-five (75) calendar days
after receipt of the recommendation. Such seventy-five (75) day period may be extended
upon majority vote of the City Council members present at the time the vote is taken.
The City Council may by ordinance designate property as a landmark or landmark
district. Due consideration shall be given to the written view of owners of affected
property, and in its discretion the City Council may hold public hearings on any proposed
landmark or landmark district designation. If the City Council does not so designate a
property, then any pending application for a permit to alter or demolish the structure on
the property may be approved without the necessity of compliance with Article IV of this
Chapter.
Section 6. That the approved amendments to Chapter 14 of the Code of the City of
Fort Collins contained herein shall apply to all landmark designations initiated pursuant to
Section 14-21 of the Code of the City of Fort Collins on or after January 1, 2016.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2016, and to be presented for final passage on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 455
Passed and adopted on final reading on the 19th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 456
without LPC Hearing #2
ATTACHMENT 1
16.1
Packet Pg. 446
Attachment: Comparison of Timelines (3958 : Landmark Preservation Changes)
5.2
Packet Pg. 283
Attachment: Ordinance No. 166, 2015 (3953 : SR 166 Larimer County Street Standards)
MID-BLOCK STOP
Use if:
• Block size is large
and/or destinations
are focused
mid-block
• Route pattern calls
for mid-block stop
• Minimizes sight distance
difficulties at intersections
• Removes the influence of
traffic congestion occurring at
intersections
• Encourages passengers to cross
mid-block (jaywalk)
• Increases walking distance for
patrons to cross at intersections
Table 3 — Recommended Bus Stop Location
5.2
Packet Pg. 261
Attachment: Ordinance No. 166, 2015 (3953 : SR 166 Larimer County Street Standards)