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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/17/2015 - RESOLUTION 2015-037 AUTHORIZING THE MAYOR TO EXECUAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Karen Cumbo, Director of PDT Jeff Mihelich, Deputy City Manager SUBJECT Resolution 2015-037 Authorizing the Mayor to Execute an Intergovernmental Agreement with Colorado State University Regarding Infrastructure Improvements and Event Day Operations Related to an On-Campus Stadium. EXECUTIVE SUMMARY The purpose of this item is to approve an intergovernmental agreement between the City of Fort Collins and Colorado State University regarding infrastructure improvements and event day operations related to an on- campus stadium. CSU is moving forward with plans to build a new on-campus stadium for football and other events. Construction and operation of the stadium will have significant impacts on nearby residents and the community in general, and representatives of the City and CSU have been negotiating an intergovernmental agreement to outline measures to mitigate that impact and establish the commitment of CSU to take specific steps to mitigate those impacts. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On December 2, 2014, Council approved a Mitigation Report (Attachment 1) for an on-campus stadium, and stated the City’s intent to enter into an intergovernmental agreement (IGA) with CSU that identifies key impacts and mitigation strategies, and determines responsibilities for costs incurred. The Resolution and attached Mitigation Report provide a comprehensive look at the needs and recommendations by technical staff, including general cost estimates. The mitigation report includes information on operations, infrastructure and community and neighborhood character. Sub-topics include: transportation, parking, transit and police services, multi-modal transportation, utilities, neighborhood impacts and relations, noise and lighting, and environmental impacts. In January, representatives from CSU and the City initiated discussions on an intergovernmental agreement, and drew on the information in that Mitigation Report as well as other studies and data available on the stadium. In addition, technical staff updated the work on transportation, parking and utilities infrastructure. On February 24, 2015, Deputy City Manager Jeff Mihelich, and Planning, Development and Transportation Director Karen Cumbo presented a general outline of the process and mitigation efforts to the Council. The Work Session Summary (Attachment 5) includes responses to Council comments at the work session as well as an item by item description of the differences between the December Mitigation Report and the items that are outlined in the proposed IGA. The proposed IGA identifies key stadium-related infrastructure improvements, and financial responsibility or shared responsibility between CSU and the City. Key elements of event-related operations are also addressed, Agenda Item 11 Item # 11 Page 2 although at a less specific level until such time a more formal operation plans are developed. While the impacts of events at an on-campus stadium cannot be completely eliminated, the intent of the IGA is to mitigate the impacts, to the degree possible, with a combination of infrastructure improvements and coordinated operational plans. In addition, the agreement proposes a clear, structured opportunity for community voices to be heard through the Stadium Advisory Group. Key Provisions of the Proposed Intergovernmental Agreement 1. Term: Agreement extends to June 2020, with automatic extension for 5 year terms. 2. Uses: No Major External Events, such as ticketed, public concerts, for the first 2 years after completion, no more than one the third year, two in the fourth year, three in the fifth. Notice of at least 60 days for each, and joint CSU/City review both before and after each event. 3. Coordination: City and CSU, and other relevant agencies will jointly work on operating plans. 4. Law Enforcement: CSU will coordinate and pay for additional costs, as they have in the past. 5. Traffic and Parking: CSU and the City will encourage walking, bicycling and transit modes, and will work with the City to develop and update traffic and parking plans, including parking enforcement. 6. Transit services: CSU agrees to provide notice, and to pay for, any supplementary transit services. 7. Litter and Trash: CSU agrees to establish and implement a Litter Abatement plan, including recycling education and receptacles. 8. Stadium Advisory Group: CSU and the City will establish a Stadium Advisory Group of seven members, four of whom will not be affiliated with the City or CSU, two from CSU, one from the City, jointly appointed by the City Manager and the President of the University. This group will meet at least twice yearly to examine actual impacts and community interactions. 9. Good Neighbor Fund: A fund will be established to support efforts to lessen undesirable or unanticipated effects on neighborhoods. Until a full endowment is established through fundraising, CSU commits $37,500 annually. 10. Infrastructure: All improvements to be built to City standards, and all construction work will be coordinated to minimize impacts.  Utilities: Technical work on design and modeling is continuing, but CSU has committed to build all improvements that are necessary for the stadium. This includes wastewater, stormwater, electrical, and natural gas.  Transportation: CSU agrees to construct or fund the construction of the following improvements: (1) Improvements at Prospect Road and Centre Avenue: a. Addition of a second left turn lane on both the northbound and southbound intersection approaches; b. Grade-separated crossing of Prospect for pedestrians and bicycles; (2) Improvements at Elizabeth Street and Shields Street: a. Lane improvements; (3) Improvements at College Avenue and Lake Street: a. Modification of left turn geometry on northbound College at Lake Street; (4) Improvements at Washington Street and Laurel Street: a. Enhanced pedestrian crossing; (5) Improvements as Sherwood Street and Laurel Street: a. Enhanced pedestrian crossing; (6) Improvements on Lake Street: a. Bike/pedestrian improvements; (7) Main Campus Pedestrian Improvements a. Sidewalk improvements on Whitcomb St. between Prospect Road and Lake Street; b. Sidewalk improvements on Pitkin Street; (8) Parking Improvements (Independent of the Stadium) i. Continued operation of main campus Lake Street parking garage; ii. Construction of additional main campus parking garage (no fewer than 400 net new parking spaces); and Agenda Item 11 Item # 11 Page 3 iii. Construction of additional surface parking off of Research Boulevard (no fewer than 900 parking spaces); (9) Signage Improvements: i. Wayfinding signage to new Stadium location; ii. Wayfinding signage to new event parking; iii. Signage in surrounding neighborhoods; and iv. New interstate signage to Stadium; (10) Traffic Responsive Signal System to support operational capabilities for Stadium events.  Other Transportation: In addition, work is continuing on alternatives for the Prospect and College intersection, Prospect Corridor, Lake Street and Centre intersection, and a grade- separated crossing at Shields. 11. Environmental Standards: Goals for construction and operation in alignment with CSU goals for sustainability. 12. Noise and Lighting: CSU is committed to exploring and employing, to the degree feasible, best practices and technology to mitigate impacts on adjacent neighborhoods. 13. Review of the agreement: City and CSU agree, at a minimum, to review the agreement in six months to consider status of work on additional improvements and plans, and to review it six months after the first football season. CITY FINANCIAL IMPACTS One of the projects identified as an immediate need in order to address stadium impacts is the construction of Pedestrian/Bike crossings at Pitkin/Shields and Pitkin/College. These crossings were also identified in the Bike Master Plan as part of an east/west Low Stress Network across the city, and are being funded with a federal Transportation Alternatives Program (TAP) grant. The City will pay the local match of $150,000 with existing bike program funds. This is the only City expenditure in the identified projects. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board held a work session on March 6 to discuss this topic. See Attachment 6 for comments. PUBLIC OUTREACH An Open House was held on March 11. Comments are provided in Attachment 8. ATTACHMENTS 1. CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (PDF) 2. CSU - Recommended Additional Transit Service (Attachment 1 to Report) (PDF) 3. CSU - Mulit-Modal Infrastructure Needs (Attachment 2 to Report) (PDF) 4. Summary Table of Mitigation Actions for CSU On-Campus Stadium (Attachment 3 to Report) (PDF) 5. Work Session Summary, February 24, 2015 (PDF) 6. Planning and Zoning Board Work Session Comments, March 6, 2015 (PDF) 7. Powerpoint presentation (PDF) 8. CSU Stadium IGA Open House Comments, March 11, 2015 (PDF) Page 1 of 13 Colorado State University Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Colorado State University’s proposed on-campus multi-purpose stadium will have a substantial impact on local infrastructure, event-day traffic congestion, municipal services, and area residents. Any gathering of 40,000 people (or even a gathering of 10,000 people) influences not just the immediate area, but also has impacts that can be felt miles away. Colorado State University staff and their consultant teams worked with City of Fort Collins staff to analyze the potential impacts of an on-campus stadium. Impacts to Transportation Operations and Infrastructure, Utilities Infrastructure, Municipal Services such as Police and Parking Enforcement, Neighborhood Impacts and Relations including Noise and Lighting, and Environmental concerns were identified, then recommended mitigation steps developed. Where possible, order of magnitude cost estimates for mitigation strategies were included. This memo recommends off-campus mitigation needs should the stadium project move forward. This report is intended to inform discussions between the City of Fort Collins and Colorado State University in the development of an Inter-Governmental Agreement (IGA) that will mitigate on-campus stadium impacts to the community. Operational Strategies: Transportation, Parking, Transit, and Police Services Transportation in and out of the current Hughes Stadium is primarily by automobile, with little travel by bus, bicycle or pedestrian modes. As a result, Hughes Stadium is designed to accommodate this vehicular movement with ample surface parking. Moving people before and after football games is a relatively straightforward, although time-consuming exercise. Moving the stadium on-campus opens up opportunities for a more diverse, multi-modal approach to moving people before and after an event. Parking is more spread out on the CSU main campus and satellite campus sites, posing unique challenges in wayfinding and management, but also opening up opportunities for remote parking and access via shuttle transit services. Finally, an on-campus stadium likely means a much greater percentage of students and nearby residents accessing the stadium as pedestrians or as bicyclists. City of Fort Collins staff worked closely with CSU’s Staff and transportation consultant team to examine the assumptions and strategies incorporated into their transportation impact analysis and recommendations. The two teams agreed on modal split assumptions, verified the estimates of available parking, and discussed incorporating transit into the event management strategies. The result of the collaborative effort identifies ways to accommodate events through planning, encouragement of mode-shift, operations, and infrastructure improvements. It is important to note that implementation of all of the items identified below will not completely eliminate the impact of the stadium on area roadways, travel patterns, congestion, delay and parking. Their implementation will reasonably mitigate the largest and most directly tangible elements of impact, strengthen mobility, and support the safety of multi-modal users. ATTACHMENT 1 Page 2 of 13 Developing an Operational Plan Given the tremendous expense and feasibility challenges of infrastructure construction, it is prudent to address as many needs as possible through operational enhancements (such as additional transit service), and multi-modal traffic management. This will require a comprehensive plan that includes outreach, education, detailed parking information, transportation demand management, and game day operational plans for all modes. The full development of a detailed travel demand management and game day operational plan is the responsibility of the University, but in collaboration with the City of Fort Collins. The timeline for this would occur in future months (or even years) and needs to involve CSU staff, Police Services, and City transit, traffic operations and parking services. In the meantime, enough work has been done to develop a general approach for accommodating game day transportation at the new stadium. Parking A detailed on-campus parking management program will be needed for the stadium events. This is the University’s responsibility to develop, implement, and manage. Since many lots are small and scattered throughout the campus, a major concern for both City Traffic and Police Services is that attendees not drive around looking multiple places for parking. Clear wayfinding and assigned lot designations for ticket holders are strongly recommended. The University acknowledges that as many as 3,000 off campus parking spaces will be needed for a major event. Many of those spaces will be at the south campus, tennis courts, or Natural Resources Research Center (NRRC). It is the University’s responsibility to secure the parking (whether on the main campus, South Campus, or elsewhere) and implement a shuttle system between parking and the stadium. The stadium traffic impact analysis also assumes that there will be up to 8,000 attendees at a sold out event that will walk or bike from off-campus to the event. This will require thousands of bike parking stalls or similar facilities close to the stadium. For potential off-campus parking in area neighborhoods, it is the University’s responsibility to develop, implement, enforce and/or fund any needed expansion and broader use of the City’s Residential Parking Permit Program (RP3) that is related to stadium use. Parking in Neighborhoods Residents of neighborhoods near the CSU campus are concerned about game-day parking on residential streets. The City has implemented a Residential Parking Permit Program (RP3) to help address this issue. Currently, there are three neighborhoods in the program (Spring Court, Sheely, and Mantz.) By the time the stadium is built, it is likely that several additional neighborhoods will be added. The RP3 requires a permit to park in a residential permit zone. Only residents of the zone are allowed to obtain permits. Normal enforcement of a residential permit zone involves issuing citations to vehicles that do not have a permit. The City feels this approach will not be effective on game day. In order to preserve the residential character of neighborhoods on game day, a more proactive preventative approach is needed. “Prevention” will consist of posting signs in neighborhoods stating, “Vehicles without proper permit will be towed.” (This approach has been very effective in residential areas around the Broncos’ stadium in Denver.) Six enforcement officers and a supervisor will be on duty on game-day for a four-hour period Page 3 of 13 beginning two hours before game time to coordinate towing of vehicles with private tow companies. The figures below reflect Parking Services staff’s cost estimate for these services. Note: Residential parking management may be needed for other non-football events as well. Variable costs (these costs will be incurred on each game day.) x Six enforcement officers and one supervisor, four hours overtime: $1,200 x Officer-vehicle expense (mileage): $50 x Tow companies will be paid by vehicle owners when they retrieve their vehicles x 400 candlestick signs, $3.75 daily rental rate for each: $1,500 x Labor @ $60/hr, 4 people to set up signs, X 2 hours: $480 x Labor @ $60/hr, 4 people to takedown signs X 2 hours: $480 Total variable costs: $3,710 per event One-time costs x Fabricate 400 specialty signs, $60 each: $24,000 x Note: once these signs are made, they can be used over and over again. Total one-time costs: $24,000 Alternative approach to neighborhood parking enforcement An alternative, but less effective approach would be to write citations for vehicles that park in the permit neighborhoods without a permit, but not tow them. Large signs could be posted at the entrances to these neighborhoods to alert game-day traffic to the possibility of receiving a citation. Under this scenario, the personnel costs would remain the same, but the cost of signs would be significantly less. However, it should be recognized that many game-day ticket holders may consider the cost of a citation to be a reasonable price to pay for close-in parking (this applies in particular to the Sheely area.) Variable costs of the alternative approach, per game-day x Six enforcement officers and one supervisor, four hours overtime: $1,200 x Officer-vehicle expense (mileage): $50 x 25 large signs with barricades, $30 daily rental rate each: $750 x Labor @ $60/hr, 2 people to set up signs, X 2 hours: $240 x Labor @ $60/hr, 2 people to take down signs, X 2 hours: $240 Total variable costs: $2,480 One-time costs x Fabricate 25 specialty signs, $150 each: $3,750 x Note: once these signs are made, they can be used over and over again. Total one-time costs: $3,750 Transit Enhancements A review of CSU’s traffic impact analysis coupled with a conceptual feasibility assessment resulted in the recommended enhanced transit service needed to transport an estimated 7,500 stadium attendees onto the CSU main campus. Conceptual costs assume six game day events. Transfort identified five sub- areas to target for enhanced and new special event transit service two hours prior to kick-off and two hours after the end of game (See Attachment 1): Page 4 of 13 1. Gillette Drive/Centre Avenue extending from the Veterinary Teaching Hospital north to Prospect Road. This corridor will serve the parking located near the CSU tennis courts, the NRRC, and the Grove apartment complex. a. Two minute service headways b. 11 additional buses c. Capacity for 3,600 passengers using 11 buses over two hour span d. Expense for six events: $42,240 ($7,040 per event) e. Total service hours: Eight 2. Mason Corridor served by the MAX. This corridor provides connections to CSU from multiple parking lots/structures and residential units from the South Transit Center to the Downtown Transit Center. a. Five minute service headways b. 10 additional buses c. Capacity for 3,840 passengers using 16 buses over two hour span d. Expense for six events: $38,400 ($6,400 per event) e. Total service hours: Eight 3. East Prospect extending from I-25 and Prospect west to Whitcomb. This corridor will serve parking located at the Colorado Welcome Center and the CDOT Rest Area as well as residential locations along East Prospect. a. 15 minute service headways b. Four additional buses c. Capacity for 480 passengers using 4 buses over two hour span d. Expense for six events: $15,360 ($2,560 per event) e. Total service hours: Eight 4. West Elizabeth and West Prospect. These two corridors will serve high density student housing and potential park-and-ride locations. a. 10 minute service headways b. Seven additional buses c. Capacity for 1,440 passengers using 8 buses over two hour span d. Expense for six events: $26,880 ($4,480 per event) e. Total service hours: Eight 5. On campus along the Around the Horn alignment. This area serves on campus parking, residential and the CSU transit Center. a. 10 minute service headways b. Two additional buses c. Capacity for 480 passengers using 3 buses over two hour span d. Expense for six events: $7,680 ($1,280 per event) e. Total service hours: Eight The special event transit service recommended above is designed to accommodate 7,500 stadium attendees both before and after an on-campus event. The recommendation provides for additional capacity knowing that each bus will not be at 100% capacity for every trip during the two hour span before and after an event. The expense for the additional service recommended would cost $21,760 per event, or $130,560 for six events. These expenses are represented in 2014 dollars and should be Page 5 of 13 increased annually by the local CPI for year of implementation. Any event attracting several thousand people will have a profound impact on adjacent transit routes, particularly the MAX service, and will require enhanced transit service to accommodate. The City recommends that coordination occur between CSU and the City for any event at an on-campus stadium to identify if it requires special event transit service and/or other traffic mitigation. This recommendation does not address stadium access or parking and bus staging requirements necessary for drop-off and pick-up of passengers. These accommodations would be necessary for any special event transit service to an on-campus stadium. CSU project staff has acknowledged this need and are incorporating it into their design and operational plans. Police Services For decades Fort Collins Police Services has provided assistance to Colorado State University for their football game day traffic and some other public safety duties within the stadium. CSU currently reimburses Police Services about $70,000 per year for the overtime expense for officers working the games. Game day management is a joint effort that involves CSUPD, Larimer County Sheriff’s Office, Loveland Police and Colorado State Patrol. In the past these agencies operated under an intergovernmental agreement, but currently utilize a blanket mutual aid agreement that the Sheriff publishes every year that gives all the enforcement agencies jurisdiction throughout the county. There is no current formal agreement with Colorado State University that defines this management structure or requires the University to pay for police services for game management. It has been a verbal agreement, and there have been no problems with this arrangement. If the University moves forward with the on-campus stadium, we recommend that football games and other special events be permitted under the City’s special events process. A special events permit would be required to modify the traffic pattern on city streets and would allow the city to better manage the issues associated with large events. A special events permit application is reviewed by several city departments to make sure it meets the requirements and that the impacts of the event are properly managed by the organizers. Whether the event is an athletic event, music concert or political rally, the permit process would allow the city to require the event organizers to properly plan for the event. This process is currently used for CSU events such as the annual Homecoming Parade. The police impact of the new stadium is uncertain until the traffic and parking plans are finalized. It will likely be an iterative process to arrive at the best way to manage the traffic and pedestrian flow in the area. We predict that the need for Police Services personnel could be similar to the current staffing requirements. It is recommended that the current model of the University reimbursing the City for the cost of police personnel be continued for the new stadium. An intergovernmental agreement should be written to outline this general agreement. If this reimbursement continues, the number of police officers needed for an event is irrelevant because it is cost neutral to the City. Infrastructure Needs: Multi-Modal Transportation Even with enhanced transit service and a robust implementation of traffic management strategies, there are areas around campus that will be critical “pinch points” for the mobility of stadium attendees and nearby residents. These are areas that require infrastructure changes to accommodate the additional bike, pedestrian, and vehicular traffic. In addition to major events (sellouts), it’s also important to consider the non-capacity events that will occur at the stadium on a much more regular basis. Some of those may not have dedicated traffic Page 6 of 13 control management and the transportation impacts need to be accommodated primarily with on-the- ground infrastructure. In locations needing changes for the stadium, it is strategic and fiscally responsible to select infrastructure improvements that will not only address stadium mitigation but also meet more general University needs. Therefore, the following documents were reviewed together: Multi-Purpose Stadium Traffic Study – September 2014 The study tried to quantify the traffic in all modes related to a capacity event. This included satellite parking south of campus with shuttle service, and a decrease of MAX headways from 10 minutes to either 5 min or even 2 minutes (an increase of capacity of 2-5 times). Enhancement of the Neighborhood Parking Permit Program (RP3) is also recommended. For vehicles, the study identified movements at five intersections that are ‘critical’. It noted missing sidewalk elements on-campus and quantified pedestrian and bike crossing volumes at the campus edge. Colorado State University Parking and Transportation Plan – April 2014 This Plan discusses improvements to the transportation system by 2024 due to existing and future campus needs. The list includes lane improvements to six (6) off-campus intersections and provides a narrative on walking / biking needs. Colorado State University Bicycle Master Plan The Master Plan identifies network recommendations of both linear improvements (pathways and protected bike lanes) and spot improvements at crossings / intersections. Off-campus, this includes five (5) intersections and improvements to many of the perimeter roadways (Shields, Prospect, Laurel, etc). A review of the recommendations in the above reports coupled with a conceptual feasibility assessment resulted in the following off-campus mitigation needs to accommodate the new stadium: (See Attachment 2 map for relative locations) Item Description Item # on map Est. Conceptual Level Cost 1. Lane Improvements at five (5) intersections a) Shields and Elizabeth Still under review # 1 $ 0.5 -1.0 million b) Prospect and Shields WB right turn lane # 4 $ 0.5 -1.0 million c) Prospect and Whitcomb Improve NB / SB left turn # 6 $ 0.5 -1.0 million d) Prospect and Centre NB / SB double lefts # 8 $ 0.5 -1.0 million e) College and Lake Lengthen NB left # 11 ~ $300,000 Subtotal: $ 2.0 – $4.3 million 2. Grade Separated Pedestrian and Bike Crossings at two (2) locations a) Shields and Elizabeth # 2 $ 2.0 - 4.0 million b) Prospect and Centre This includes connectivity to north and south (sidewalks) # 7 $ 2.0 - 4.0 million Subtotal: $ 4.0 – $8.0 million 3. At-Grade Enhanced Pedestrian and Bike Crossings at four (4) locations a) Shields and Pitkin Pedestrian hybrid HAWK signal # 3 ~ $ 75,000 b) Prospect at Mason Trail Enlarge crossing area # 9 ~ $ 50,000 Page 7 of 13 c) Laurel at Washington Add median and Rectangular Rapid Flashing Beacon (RRFB) # 12 ~ $ 100,000 d) Laurel at Sherwood Add median and center RRFB # 13 ~ $100,000 Subtotal: ~ $ 325,000 4. Intersection review at Prospect and College. Likely EB and WB double lefts and addition of bike and pedestrian accommodations (review potential for right turn islands and bike connectivity to east). # 10 $ 3.0 – $4.0 million 5. Prospect corridor improvement review per recommendations from West Central Area Plan (WCAP). For stadium impact, the most prominent needed improvement is the wide multi-use path on north side. # 5 $ 2.0 – $3.0 million Although the perimeter roadways are of most concern to the City, there may be additional improvements inside the perimeter that are needed for the overall efficient movement of stadium attendees. As it relates to the City, upon initial review, these should at least include: Item and Description Item # on map Est. Conceptual Level Cost 6. Lake Street bike / pedestrian improvements per recommendations from West Central Area Plan (WCAP). The largest needed item here is the protected bike lane. # 14 ~ $ 1.0 million 7. Sidewalk improvements as listed in Campus Stadium Traffic Impact Study (TIS page 74). This includes sidewalks on Whitcomb that connect between Lake and Prospect Road. -- Unknown 8. Intersection control review at Lake and Centre # 15 $ 0.5 – $1.0 million Finally, management of stadium traffic, especially traffic related to more frequent but non-capacity events that don’t include dedicated traffic control, will benefit greatly from the implementation of a traffic responsive signal system. Item and Description Item # on map Est. Conceptual Level Cost 9. Traffic Responsive Signal System. This is a system that will detect current vehicular traffic patterns and adjust signal timing ‘on the fly’ as conditions change. This system will especially benefit non-capacity events that don’t utilize police controlled intersections and operations for future growth of campus traffic. Much of the ability to do this is already in place at the City’s traffic management center, but additional detection at the 15 signalized intersections immediately adjacent to the University will need to be installed and the management of the system implemented. -- ~ $ 150,000 The overall cost range of needed transportation infrastructure improvement is $ 13 – $22 million. About one third of the cost is in the two grade-separated pedestrian and bike crossings, and one third is Page 8 of 13 in intersection improvements at six locations. The remaining costs mitigate impacts through a number of smaller projects. Note that the above list identifies specific infrastructure needs related to stadium impact on the City. It doesn’t address other needs (both physical and management based) internal to the University such as vehicle and bike parking, on-campus bike / pedestrian movements, and travel demand management. Transportation Summary As noted in the introduction, events at the multi-use stadium on campus will have a dramatic effort on the area transportation system. Those impacts cannot be eliminated. However, the items noted above will help to mitigate the largest of impacts for both sellout and smaller attendance events, and support the needs and plans for Colorado State University in the future. Infrastructure Needs: Utilities Not all infrastructure impacts of an on-campus stadium can be seen above ground. City of Fort Collins Utilities staff worked with CSU’s consultant team to review their analyses and determine impacts to City utility systems and identify mitigations steps. This analysis includes Light and Power, Stormwater, Wastewater, and Water Utilities. Light and Power Colorado State University uses its own electric distribution system, and can incorporate and accommodate additional loads and service levels required by a new on-campus stadium. As a result, there are no mitigable impacts to City of Fort Collins’ Light and Power utility. Water Utilities The proposed Multi-Purpose Stadium will have varying impacts on the City’s water, wastewater and stormwater systems. The major effect will be on the wastewater system that will occur during large events when 40,000 people are in attendance. Utilities staff continues to working with Colorado State University staff and stadium consultants to identify and evaluate the increased demands on the City’s water utilities systems. This memo summarizes the impacts and outlines measures needed to mitigate the increase demands. Fort Collins Utilities provides water, wastewater and stormwater services to Colorado State University. The manner in which these services are provided is contained in the Water and Wastewater Service Allocation Agreement between Colorado State University and City of Fort Collins Utilities as well as City Code. Water Colorado State University owns, operates and maintains the water distribution system on main campus. Domestic water service for the stadium will be provided by the campus water system. The effects of increased water demands resulting from the stadium will be addressed through the provisions of the Service Allocation Agreement. The University’s campus water system will also provide a majority of the fire protection needs for the stadium facility. The only added infrastructure in the City’s water distribution system will be two fire hydrants connecting to the City water main in Lake Street. The costs of installing these hydrants would be funded by the stadium project. Page 9 of 13 Wastewater The wastewater collection system on main campus is also owned, operated and maintained by the University. This system does not have the necessary capacity to transport the projected wastewater flows from the stadium facility. The City and stadium design team have reviewed and analyzed alternative connections to the City wastewater collection system to carry the projected flows. The selected alternative includes the construction of a sanitary sewer in Whitcomb Street from Lake Street to an interceptor sewer in Wallenberg Drive. It is planned that this sewer would replace existing sewers in Whitcomb as well as carry the stadium wastewater flows. From preliminary discussions with University staff, it is anticipated that costs of the sewer improvements would be shared in proportion to the sewer capacity utilized by City customers and by the proposed stadium. Following completion, the sewer would be owned and maintained by the City. In addition to the sewer in Whitcomb, it appears there may be some sewer capacity issues in downstream portions of the City wastewater collection system. Additional analysis is being performed to determine the extent of these potential problems. If mitigation is needed, provisions of the Service Allocation Agreement would be followed and costs would be funded by the stadium project. Stormwater The stormwater system through campus is generally a mix of public stormwater and stormwater generated by the CSU campus. There are two major storm sewer systems that run through campus: x a 42” storm drainage pipe that daylights near Spring Creek east of Centre Avenue; and, x a 36” storm drainage pipe that daylights into Spring Creek east of Centre Avenue. An analysis of the existing storm sewer systems is in progress. Prior information indicates the systems may be undersized for the drainage areas they serve. With the stadium proposal, the stadium will not increase runoff into these systems during the 100-year storm. The primary impact to the existing systems is in the form of water quality treatment. There is currently no stormwater quality treatment in either of these systems and none is being proposed with the stadium construction. A stormwater quality pond should be constructed at the outfall of the 42” pipe and a proprietary mechanical BMP (Best Management Practices) treatment device is needed in the 36” pipe. The stormwater quality pond would be constructed on land that is currently owned by the City and CSU. There is no room for a similar facility on the 36” pipe, so the proprietary mechanical BMP treatment device would likely be installed in City right-of-way or in the gravel parking lot owned by CSU to the north of Spring Creek. It is anticipated that ownership and maintenance of the stormwater quality pond and proprietary mechanical BMP would be shared by the City and CSU. Conceptual preliminary costs of the sanitary sewer improvements in Whitcomb Street and stormwater quality improvements are as follows: Item and Description Est. Conceptual Level Cost 1. Sanitary sewer in Whitcomb Street from Lake Street to Wallenberg Drive. 2. Water quality pond at outfall of 42” storm sewer 3. Proprietary mechanical BMP on 36” storm sewer $1.5 to $2.0 million $75,000 to $100,000 $175,000 to $200,000 Total Utilities Infrastructure Improvements: $1.75 million to $2.3 million. Page 10 of 13 Community and Neighborhood Character It is important that CSU consider and integrate Community Character into the design and construction of an on-campus stadium. Consideration must be given to items of community importance that help define where we live and what makes Fort Collins unique and special. This includes things such as preservation of view sheds, noise and lighting impacts, historic preservation, environmental sensitivity, and retaining neighborhood vitality and character. Neighborhood Impacts and Relations The proposed location of an on-campus stadium will have a substantial impact to the surrounding residential neighborhoods on game days and other events. Staff recommends the creation of a Stadium Area Advisory Group and a Good Neighbor Fund to address and mitigate impacts to the neighborhoods. Stadium Advisory Group/”Good Neighbor Fund” Staff suggests that The University of Minnesota District Partnership be used as a model for developing a Stadium Advisory Group and a Good Neighbor Fund. “The Alliance” was formed in 2009 and is used to preserve homeownership, strengthen neighborhood livability, and develop a transformative vision for the neighborhoods surrounding the Minnesota Stadium. The City would also be a partner in the Advisory Group. The vision for the Advisory Group is to work collaboratively with the University to attract students, staff, researchers and faculty to “learn, live, play, and work in the area” by building a more diverse community that draws people from across the age spectrum to the surrounding areas. The advisory group would work closely with CSU on Master Plan principles and assist in identifying action steps in achieving both short and long term goals and resource needs. Staff further recommends that the Stadium Advisory Group form a committee to administer a Good Neighbor Fund to enhance and protect the beauty, serenity and security of the neighborhoods impacted by the operation of a CSU on-campus Stadium. The committee formed should include someone from the Advisory Group, neighborhood organization representatives and at least one business association representative. The fund committee is responsible on an annual basis for developing a budget, soliciting proposals, reviewing applications and recommending expenditures from the Fund. Staff suggests that project dollars be used to establish a fund. Other methods of funding may include: a ticket surcharge, or contributions from the Alumni Association. Projects that might be funded through such a program include: park and streetscape improvements, neighborhood planning, signage, way finding and promotion of commercial districts and other content that promotes living in the neighborhood, youth programs, etc. Beyond the direct, intended benefits of the individual projects, the University of Minnesota and the surrounding neighborhoods have found the partnership has provided a means for multiple neighborhoods to develop projects together that address a common purpose and provided a vehicle for neighborhood commercial districts to partner with UMN Athletics on promotion and marketing the area. Noise and Lighting Impacts Areas of primary concern voiced by nearby residents were the spillover effects of stadium-related noise and lighting. The CSU design team addressed these issues in their preliminary reports, and subsequently met with City of Fort Collins staff to discuss their assumptions, analysis and recommendations. City Staff provided the CSU team with recommended mitigation measures to address concerns noted. Page 11 of 13 Noise City Staff analyzed the CSU design team’s reports and offered potential mitigation solutions for both football games and concert events. Based upon CSU’s assumptions and noise contour map, City Staff found that anticipated decibel levels during the football game, south of Prospect Road, primarily in the High Density Mixed-Use Neighborhood, (H-M-N) zone and the Sheely neighborhood, exceed that which is allowed by Section 20-21 of the City Code. The CSU study also indicates that amplified music concerts have the potential for higher peak and average sound levels than sports events. Recommended mitigation measures to address football game-related noise issues include: x Raising the wall at the south end of the stadium so that when combined with the scoreboard, there is a more effective mass capable of lowering the off-site decibels impacting the R-L zone district to the south. This wall could include live plant material as a feature to soften the mass of the wall. These walls are sometimes referred to as “green screens” or “green walls” depending on the scope of the plant material and its supporting elements. x Perform sound measurement analysis at Hughes Stadium, and its environs, for the benefit of interested citizens. Such a field test could use real-time sound measurements during actual football games at distances that approximate the distance from the south end of the proposed on-campus stadium to the nearest residential property lines zoned R-L. Adjustments could be made for stadium design and loud speaker arrangement. Such an exercise would allow residents to experience the sound of a stadium P.A. system at a wide range of decibels. Recommended mitigation measures to address concert-related noise at the stadium include: x Limit the number of concerts per year. x Establish a time certain conclusion for concerts. x Consider agreeing to hold concerts only on the granting of a special use permit (allowed by the ordinance) or Memorandum of Understanding (MOU) from the City. x Preliminary coordination with concert sound company to discuss speaker orientation and sound monitoring techniques Lighting Impacts City Staff also reviewed the CSU Design team’s lighting analysis and noted several areas of concern related to spillover illumination to nearby residential areas and glare to motorists. Recommended mitigation measures to address spillover illumination at the stadium include: x Provide a point by point illumination plan (photometric diagram) showing the foot-candles at regular intervals as a result of all lighting sources, not just the sports lighting. Such a plan would include all other exterior lighting, interior lighting that emits illumination through large windows and any auxiliary lighting that may be associated with music concerts. Analyzing a photometric diagram would reveal various hot-spots that would need to be addressed by reducing lighting or by mitigation to block line-of-sight impacts. x Reduce the light impact on the H-M-N zone to the south of the Stadium or provide massing to block the line-of-sight of the light sources. Such massing could potentially be provided along the south end of the stadium in the area of the bridge/concourse to supplement the scoreboard. Such massing would also have the benefit of blocking decibels from the P.A. system or amplified music as noted in the analysis of the Noise Study. Page 12 of 13 Environmental Impacts Environmental Sustainability is a fundamental principle for the City of Fort Collins. In addition to the operational and infrastructure impacts, it is important that CSU also identify and address environmental impacts that occur as a result of stadium construction, demolition/deconstruction, and redevelopment of the existing Hughes Stadium site. City of Fort Collins’ Environmental Sustainability Staff recommends several “Best Practice” mitigation strategies that CSU should consider as part of the Design and Construction processes: Design Phase: CSU should conduct an air quality impact analyses, evaluate greenhouse gas emissions and impacts, and develop restorative, regenerative, and sustainable practices that support a “green” built environment for the following scenarios: x Existing conditions x Build new stadium on campus, discontinue operations at and deconstruct Hughes Stadium x Build new stadium and continue some operations at Hughes stadium CSU should address ozone formation in the ozone non-attainment area, Carbon monoxide (CO) hot spots, and diesel particulate matter emissions, and use the results to inform street design, optimal traffic flow patterns and infrastructure design for alternative modes of transportation. They should maximize deconstruction practices, reuse and recycle building materials, and select sustainable materials. CSU should minimize and recycle construction waste and incorporate energy efficiency into any of the scenarios. Examples could include incorporating solar and wind energy production into site and building design, developing innovative methods for utilizing thermal storage capacity and designing enclosed spaces to the highest energy efficiency standards. CSU should maximize use of low impact development principles, design for low water use and treatment and use of gray water and overall ensure building operation and maintenance is optimized for sustainability. Construction Phase: During construction CSU should prohibit unnecessary vehicle idling, equip vehicles with auxiliary power units, minimize construction equipment idling for warm up and cool down, and use ultra-low sulfur diesel or bio-diesel fuels. These actions will minimize air pollutants from construction vehicles. To reduce air emissions from any asphalt paving, CSU should discontinue paving operations on high ozone days, conduct paving operations at night, use alternative materials such as gravel, concrete, warm mix asphalt and use pervious pavement or pavers. Spray materials should be avoided and low or no Volatile Organic Compound (VOC) materials should be utilized. A dust control plan incorporating best management practices should be utilized. Climate Action and Adaptation impacts: CSU should estimate emission from new construction and determine strategies to offset these emissions. They should determine the impact to increased GHG emission to GHG emission reduction goals established by the City and determine strategies to offset. CSU should determine impact to the city’s Climate Action Plan and Road to Zero Waste Plan, analyze the carbon footprint for the estimated life of a new stadium and determine strategies to offset emissions. CSU should consider incorporating into the design the ability to use the facility as a respite center for extreme heat, flood or fire episodes. Finally, CSU should explore innovative ways for the new stadium and/or existing Hughes stadium to be utilized for carbon sequestration. Page 13 of 13 ATTACHMENTS 1. Map of Recommended Additional Transit Routes for Special Event Service 2. Map of Recommended Infrastructure Improvements 3. Summary Matrix of Recommended Mitigation and Costs ACKNOWLEDGMENTS The following City Departments contributed to this analysis and report: Planning, Development & Transportation x Engineering x FC Moves x Community Development and Neighborhood Services x Parking Services x Traffic Operations x Transfort Utilities x Light & Power x Water Systems Engineering Police Services Sustainability Services (Environmental Sustainability) City Manager’s Office Communication and Public Involvement Office (CPIO) Poudre Fire Authority Attachment 1 Recommended Additional Transit Service for CSU On-Campus Stadium Events ATTACHMENT 1 to REPORT Attachment 2. Colorado State University – Multi-Purpose Stadium Multi-Modal Infrastructure Needs Shields Corridor 1 Shields / Elizabeth: Lane Improvements 2 Shields / Elizabeth: Grade separated crossing 3 Shields / Pitkin: Enhanced pedestrian crossing Prospect Corridor 4 Prospect Corridor: Discuss general recommendations from West Central Area Plan (WCAP): Especially multi-use path on north side 5 Prospect / Whitcomb: Lane Improvements 6 Prospect / Centre: Grade separated crossing and connectivity to north and south. 7 Prospect / Centre: Lane improvements (NB/SB dual lefts) 8 Mason Trail Crossing: Enhancement to crossing area 9 Prospect / College: Review for intersection bike/ped improvements and multi modal connectivity to east College Corridor 10 College / Lake: lengthen NB left turn lane Laurel Corridor 11 Laurel / Washington: Enhanced pedestrian crossing (RRFB and median) 12 Laurel / Sherwood: Enhanced pedestrian crossing (median) On-Campus Considerations 13 Lake Street: Multi-modal improvements identified in West Central Area Plan (WCAP): Especially protected bike lane 14 Lake and Centre intersection control review -- Side walk improvements as noted in Stadium TIS (page 74) Operational Improvements Traffic Responsive Signal System. Enhanced detection and management of signal system in the campus area that will accommodate varying traffic levels ‘on the fly’. 1 2 3 6 7 4 8 10 9 11 12 13 14 5 ATTACHMENT 2 to REPORT 1 Attachment 3. Summary Table of Recommended Mitigation Actions for CSU On-Campus Stadium Operational Strategies Description Estimated Costs (if applicable) Residential Parking Enforcement Preferred Parking Permit Alternative $3,710 per event + $24,000 one time Alternative Parking Enforcement option $2,480 per event + $3,750 one time Special Event Additional Transit Service Routes Gillette Drive/Centre Avenue Route $7,040 per event MAX Enhancement $6,400 per event E. Prospect to I-25 to Whitcomb $15,360 per event W. Elizabeth & W. Prospect $4,480 per event On Campus Shuttle additional service $7,680 per event Total Transit Costs: $21,760 per event Police Services Overtime expenses during games $70,000/season or $11,666 per event x 6 consider use of special event permit or MOU with CSU Total Est. Operational Costs: ~$37,136 per game Infrastructure Improvements Transportation Lane Improvements at Intersections Shields/Elizabeth Still under review $0.5 - $1.0 million Prospect/Shields WB right turn lane $0.5 - $1.0 million Prospect/Whitcomb Improve NB/SB left turn $0.5 - $1.0 million Prospect/Centre NB/SB double lefts $0.5 - $1.0 million College/Lake Lengthen NB left ~$300,000 Subtotal: $2.3 - $4.3 million Grade Separated Pedestrian and Bike Crossings Shields/Elizabeth $2.0 - $4.0 million Prospect/Centre Includes connectivity to north and south sidewalks $2.0 - $4.0 million Subtotal: $4.0 - $8.0 million At-Grade Pedestrian and Bike Crossings Shields/Pitkin Pedestrian hybrid HAWK signal ~$75,000 Prospect/Mason Trail Enlarge crossing area ~$50,000 Laurel/Washington Add median and Rectangular Rapid Flashing Beacon (RRFB) ~$100,000 Laurel/Sherwood Add median and RRFB ~$100,000 Subtotal: ~$325,000 Intersection Review at Prospect/College Likely EB and WB double lefts and addition of bike and pedestrian accommodations (review potential for right turn islands and bike connectivity to east). $3.0 - $4.0 million Prospect Corridor Improvements per WCAP For stadium impact, the most prominent needed improvement is the wide multi-use path on north side. $2.0 - $3.0 million Lake Street Pedestrian and Bike Improvements per WCAP 2 Summary Table of Recommended Mitigation Actions for CSU On-Campus Stadium Infrastructure Improvements, Cont. Description Estimated Costs (if applicable) Utilities Waste Water Sanitary sewer in Whitcomb Street from Lake Street to Wallenberg Drive $1.5 - $2.0 million Stormwater Water quality pond at outfall of 42” storm sewer $75,000 - $100,000 Stormwater Proprietary mechanical BMP on 36” storm sewer $175,000 - $200,000 Total Est. Utility Infrastructure Costs: $1.75 - $2.3 million Neighborhood Impacts Mitigation Recommendations: Mitigation Description Stadium Advisory Group Staff suggests that The University of Minnesota District Partnership be used as a model for developing a Stadium Advisory Group and a Good Neighbor Fund. Neighborhood Mitigation “Good Neighbor” Fund Staff further recommends that the Stadium Advisory Group form a committee to administer a Good Neighbor Fund to enhance and protect the beauty, serenity and security of the neighborhoods impacted by the operation of a CSU on-campus Stadium. Noise Raise South Wall Raising the wall at the south end of the stadium so that when combined with the scoreboard, there is a more effective mass capable of lowering the off-site decibels impacting the R-L zone district to the south. Perform Sound Measurement Analysis at Hughes Stadium Field test could use real-time sound measurements during actual football games at distances that approximate the distance from the south end of the proposed on-campus stadium to the nearest residential property lines zoned R-L. Limit the number of concerts per year Establish a time certain conclusion for concerts Concerts held only by granting of special use permit or MOU Preliminary coordination with concert sound company Discuss speaker orientation and sound monitoring techniques Lighting Provide an Illumination plan Provide a point by point illumination plan (photometric diagram) showing the foot-candles at regular intervals as a result of all lighting sources, not just the sports lighting. Reduce south end light impacts Reduce the light impact on the H-M-N zone to the south of the Stadium or provide massing to block the line-of-sight of the light sources. 3 Environmental Mitigation Recommendations: Mitigation: Design Phase Description Conduct an air quality analysis Address ozone formation in the ozone non-attainment area, Carbon monoxide (CO) hot spots, and diesel particulate matter emissions, and use the results to inform street design, optimal traffic flow patterns and infrastructure design for alternative modes of transportation. Support a “green” built environment Develop restorative, regenerative, and sustainable practices Maximize deconstruction practices Reuse and recycle construction waste Incorporate energy efficiency into stadium design and operation Maximize use of low impact design principles Design for low water use and treatment; use of gray water Optimize building operation and maintenance for sustainability Mitigation: Construction Phase Description Prohibit unnecessary vehicle idling Equip vehicles with auxiliary power units Use ultra-low sulfur diesel or bio-diesel fuels Reduce air emissions from asphalt paving Discontinue paving operations on high ozone days, conduct paving operations at night, use alternative materials such as gravel, concrete, warm mix asphalt and use pervious pavement or pavers Spray materials should be avoided Low or no Volatile Organic Compound (VOC) materials should be utilized. A dust control plan incorporating best management practices should be utilized. Climate Action and Adaptation Impacts CSU should estimate emission from new construction and determine strategies to offset these emissions. CSU should determine the impact to increased GHG emission to GHG emission reduction goals established by the City and determine strategies to offset. CSU should determine impact to the city’s Climate Action Plan and Road to Zero Waste Plan, analyze the carbon footprint for the estimated life of a new stadium and determine strategies to offset emissions. CSU should consider incorporating into the design the ability to use the facility as a respite center for extreme heat, flood or fire episodes. CSU should explore innovative ways for the new stadium and/or existing Hughes stadium to be utilized for carbon sequestration. ATTACHMENT 5 March 6, 2015 Planning and Zoning Board Meeting Work Session – Colorado State University On Campus Stadium, Intergovernmental Agreement Board members present included: Jennifer Carpenter, Chair, Kristin Kirkpatrick, Vice-Chair, members Michael Hobbs, Jeff Schneider, Jeff Hansen, Emily Heinz, and Gerald Hart. SUMMARY On March 6, 2015 the Planning and Zoning Board met to review the proposed mitigation agreement regarding the Colorado State University (CSU) on-campus stadium. The board heard presentation materials from CSU (Fred Haberecht) and the City (Jeff Mihelich), asked questions and provided the following comments. What methods will CSU and/or the City use to encourage multi-modal transportation? Board member suggested broad-based educational and other methods to encourage the use of multi-modal transportation. Board members questioned the determination of the multi-modal split and expressed concerns that adverse weather or mid-week events may affect the split and then create a need for more vehicle parking as well as more severely impact “normal” peak traffic. Concerns were expressed that there is adequate contingency planning for those situations. Members suggested that traffic modeling for other day events and/or timing would be important. Are we examining how traffic will be managed beyond the areas near CSU? We know people will attempt to park as close to the stadium as possible so are we comparing the impacts to other streets as over 20,000 vehicles may be approaching the campus. In addition, the report suggests that we will be providing an additional 34 buses to assist with getting people to the stadium. Is that realistic and if not, have we factored that into our assumptions? The mitigation report is heavily focused on lane improvements however there is a major crossing at Elizabeth, west of campus that should be improved to ensure that safe access from the west is available to those persons walking or biking to events. A board member suggested that the term of the agreement should be expanded to be 5 years after the stadium opens rather than 5 years from the time of signing and that there should be no sunset provision. A board member suggested that information should be clarified as to the number of major and minor events that may affect the neighbors. There should be language limiting the time of day for events to be held as well as the number of events in total. Although the agreement limits non-CSU major events, information should be transparent that there will non-CSU minor events. Other board members expressed concern about the size of the events, is 12,000 the right number should it be 10,000? Or should there be a separate plan for events 10-12,000 in size? Another member thought it would be ATTACHMENT 6 important to include language that addressed coordination of major stadium and community event. Would it be wise to hold two large events in the downtown area, at the same time? Several board members expressed concern that there was not a plan related to Hughes Stadium within the IGA. Board members believed that the potential uses for Hughes Stadium and/or the redevelopment of the area should be addressed. Several members expressed concern over the lack of details or planning related to “tail-gating” and believed that more information should be contained in the agreement. Whatever area is selected should be a safe area with proper amenities like rest rooms, first aid and law enforcement. Overall, comments were made that if a proper venue was not selected, spillover could occur in residential areas or other areas of the City. Members suggested that whatever area was selected, those participating should be required to adhere to City Code requirements. A board member commented that there is a major issue with litter after an event at Hughes Stadium and that more measures should be taken due to the increased movement of people attending an on campus event to prevent litter from becoming a problem. Board members believed that a specific plan should be prepared for preventing people from parking in adjacent neighborhoods, signage should be posted and strict measures should be employed for those who violate the no parking restrictions. In addition, attention should be paid to businesses that may be affected by stadium parking and the same level of services should be provided to them. Board members believed it would be important to have a business representative on the Stadium Advisory Group (SAG). Planning for impacts related to littering, trespassing and other unwanted behaviors in business areas should be a consideration of the mitigation agreement as well as residential areas. Discussion was held regarding whether adequate on-campus parking was available especially south of Prospect. Members suggested employing a smart phone application to assist in event parking. Members were supportive of the concept of a SAG and asked who would be eligible for assistance? Members believed that areas of impact and not just those on the perimeter of the stadium should be eligible for assistance. Members suggested the early formation of this committee to assist with construction impacts would be important and requested that an effective date be added to the IGA as to when the committee would be formed. Members suggested that this group should create as good of relationship with the community as possible and that it is important that a method to resolve complaints be part of the SAG. Also to include as strong public education campaign that will inform neighborhoods and businesses of what is available. A board member suggested that the SAG be used to coordinate the type of signage that will be in neighborhoods. Members expressed concern about the construction impacts of the stadium and encouraged the use of collector and arterial streets rather than neighborhood streets to be used for construction traffic. Members also believed that the timing of construction traffic should be coordinated as to not further impact the already difficult peak traffic times near the stadium. A Board member wanted to express concern that the City be in a position to ensure all storm water compliance for this project. The Board expressed concern over the lack of improvements to Prospect. Several members felt that CSU owned right of way on Prospect and that the IGA should include implementing the recommendation of the West Central Area Plan as soon as possible. Members expressed concern that Prospect was already a problem and a safety concern for pedestrians so improvements should be made prior to adding more traffic due to the stadium. A Board member suggested that CSU utilize the Institute for the Built Environment for the construction of the stadium and that the project should strive to be the best and consider being carbon neutral. Concerns were expressed about the view shed for neighborhoods and that the physical structure of the stadium may have a negative impact on neighborhoods. Therefore, any methods to reduce the “massing” of the building as well as sound or noise mitigation measures should be employed to reduce negative impacts. Individual Board members expressed the following closing comments: Strongly agree that there should be a person available to discourage neighborhood tailgating and parking especially in areas like the Sheely neighborhood. Was glad that there would be “check-ins” as part of the agreement and supported policing in neighborhoods after events. Reiterated support for having a green building component like the Institute for the Built Environment, be carbon neutral and be a front runner in having a grade separated crossing at Elizabeth and Shield. Was supportive of all infrastructure improvements. Agreed with the neighborhood suggestions listed above. Believed that controlling noise at the stadium and during events was very important. Mentioned in this case, neighborhoods existed prior to the construction of a stadium wherein at Hughes Stadium many neighbors chose to live there after the stadium was built. Stressed the importance of building infrastructure especially along Prospect and Shields was critically important prior to the opening of the stadium. Efforts should be made to reduce disruption to the neighborhoods and regular traffic during the construction of the stadium. Overall, the key is the transportation aspects of the project and how well the movement of people and vehicles are handled. Described what was positive about the plan; parking was dispersed, stadium advisory group, encouraged that we help get concerns to the group and that CSU should focus on the visual impacts of the stadium. Did not want the building to become and “eyesore”. Was concerned about the placement of grade separated crossings, encouraged that the placement would be where people would use them. Need to begin “collecting” people from further away from the stadium and begin to “funnel” them to strategic, and safe access points. Should use methods to discourage other crossing methods. City needs to make Shields and Prospect a priority as they are already failing and the stadium will make it worse. The focus should be on getting the SAF up and running as soon as possible and utilize the group to influence the process, tailgating, etc. Should make improvements and look at corridor issues along Shields, Prospect and College Avenue. Very impressed with the quality of CSU’s projects in the past and believes that the stadium will be of equal quality. Thinks that more work needs to be done for the Shields corridor. Overall agrees with the other comments however wishes that something for Hughes was in the agreement so the community would be aware. Emphasized adding businesses to the parking, litter and other mitigation discussions not just the neighborhoods. Concerns expressed over the construction impacts especially during the construction of the utilities connections and with construction traffic. Emphasized that construction traffic should not be driven through neighborhoods. Supported a plan regarding the disposition of Hughes Stadium in the IGA. Expressed concern that a great deal of acrimony and division has occurred between CSU and the Community over this project and recommended that CSU-CSURF continue to purchase properties in order to create a buffer for the stadium and adjacent neighborhoods. Expressed concern that due to the size, height and massing with associated traffic, noise and lighting issues that the project would not be compatible if the Land Use Code was applied. Recommended that the City develop a memorandum of understanding as to what process developments owned by CSU or CSURF would follow and supported a full development review for all properties. Supported all the efforts to mitigate the impacts to the neighborhoods especially the SAG. Also expressed concern that it is important to get the Prospect corridor completed. 1 CSU On Campus Stadium Intergovernmental Agreement Jeff Mihelich, Deputy City Manager Karen Cumbo, PDT Director March 17, 2015 Process and Schedule Update ATTACHMENT 7 2 CSU Stadium IGA - Update • Background • IGA Development Process To Date • IGA Commitments: – Infrastructure – Stadium Advisory Group – Transit – Signage – Funding – Periodic Review • Next Steps 3 CSU On Campus Stadium: Background • CSU Board of Governors approval to proceed • Council adopted Resolution 2014-109 on December 2, 2014 – Directed Staff to enter into an IGA with CSU – Mitigation related to the Stadium’s impacts 4 Process: • Staff teams from CSU and City meeting weekly • Iterative process • City of Fort Collins: – Jeff Mihelich, Karen Cumbo – Staff support from Transportation, CDNS, City Attorney’s Office, Utilities • CSU: – Amy Parsons, Steve Hultin – Staff support from CSU Facilities and Transportation Staff 5 Parking: • New surface lot on Centre Avenue (1,107 spaces) • Construct new parking structure at Pitkin & College (minimum 400 spaces) • Continued operation of Lake Street parking structure on the main campus 6 Parking: Laurel Prospect Shields College 7 Pedestrian/Bicycle Crossings: • Enhanced Pedestrian / Bicycle Crossings – Laurel/Washington – Laurel/Sherwood – Shields/Pitkin (Grant funded) – College/Pitkin (Grant funded) • Grade Separated Crossings: – Prospect/Centre – Shields/Elizabeth Area • (Specific Location Needs Study/Input) 8 Pedestrian/Bicycle Crossings: Laurel Prospect Shields College 9 On Campus Bike/Pedestrian Improvements: CSU Traffic Study: Laurel Prospect Shields College Ped Bike 10 Turn Lanes/Intersection Improvements: • Shields / Elizabeth - Lane Improvements • Prospect / Centre – Additional lanes • Prospect / College – Additional lanes • College / Lake – Reconfigure NB left turn lane 11 Intersection and Turn Lane Improvements: Laurel Prospect Shields College 12 Utilities • CSU has agreed to make water, waste water, storm water, electric feed and natural gas improvements 13 Infrastructure – Areas Needing More Study • Prospect/College Intersection – turn lanes and pedestrian improvements – Intersection impacts beyond stadium • Prospect Corridor – significant project, medians, landscaping, sidewalks, bike path – Corridor improvements beyond stadium impact – Right of way acquisition – Need significant neighborhood input 14 Infrastructure – Areas Needing More Study • Lake/Centre Intersection – need intersection control solution – Corridor improvements beyond stadium impact – Need to find balance between significant pedestrian (mainly students) and motor vehicle movement – Likely combination of infrastructure and operational solutions 15 IGA Commitments • Stadium Advisory Group – Discuss impacts of Stadium on community – Meeting at least twice annually • Good Neighbor Fund – Purpose to support efforts to lessen undesirable of unanticipated impacts of stadium on neighborhood – Goal $750,000 endowment via fundraising – CSU to commit $37,000 annually during fundraising period 16 IGA Commitments • Litter abatement and removal practices – Provision of recycling and trash receptacles – Canvassing public rights of way after major stadium events 17 IGA Commitments - Traffic management plan - Campus parking plan - Enhanced Transfort Bus and MAX service - Enhanced law enforcement 18 IGA Commitments • Environmental construction standard for stadium • Lighting standards – best technology • Noise standards – best technology 19 Periodic Review • IGA calls for mandatory review by both parties, collectively within 6 months after its adoption • Another mandatory review 6 months after completion of full football season 20 Funding • CSU responsible for funding all utility, pedestrian, turn lane, transit, intersection control, signalization, enhanced law enforcement, litter abatement and signage improvements • Preliminary estimates $4.83 - $8.35 million • Estimate does not include parking enhancements to be constructed and funded by CSU • Cannot commit yet on areas needing more study. Will likely be addressed in IGA more specifically during the 6-month review. 21 IGA Review • Planning and Zoning Board Work Session - Draft IGA Review - Friday, March 6th. • Draft IGA Public Input Open House - Wednesday, March 11. Provided residents with a summary of the mitigation plan and accepted comments and suggestions from stakeholders. • Summary comments from P&Z Board and residents will be provided prior to March 17th Council hearing. 22 Recommendation • Staff recommends approval of the IGA.   CSUSTADIUMIGA OPENHOUSE COMMENTS March11,2015 ATTACHMENT 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 - 1 - RESOLUTION 2015-037 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY REGARDING INFRASTRUCTURE IMPROVEMENTS AND EVENT DAY OPERATIONS RELATED TO AN ON-CAMPUS STADIUM WHEREAS, on December 2, 2014, the City Council adopted Resolution 2014-109 approving a mitigation report for an on-campus stadium at Colorado State University; and WHEREAS, the City Council in Resolution 2014-109, indicated the City’s desire to enter into an intergovernmental agreement with Colorado State University which identifies key impacts that may be caused by an on-campus stadium including mitigation strategies to lessen the impact of event day operations at an on-campus stadium; and WHEREAS, the City Council also expressed a desire to, in such intergovernmental agreement, determine responsibilities for costs that may be incurred in addressing mitigation measures; and WHEREAS, following the adoption of Resolution 2014-109, the staff of the City and of Colorado State University conducted discussions on the proposed content of such intergovernmental agreement; and WHEREAS, on February 24, 2015, staff presented a general outline of the process and the mitigation efforts that have been incorporated into an intergovernmental agreement to address stadium impacts; and WHEREAS, the proposed intergovernmental agreement identifies key stadium-related infrastructure improvements, and Colorado State University financial responsibility for them, as well as additional projects for which future shared responsibility may be considered; and WHEREAS, the City Council has also received the comments and recommendations of the members of the Planning Zoning Board, as well as comments arising out of public outreach including an open house meeting with interested citizens; and WHEREAS, the City Council has determined that it is in the best interests of the City to enter into an intergovernmental agreement with Colorado State University regarding infrastructure improvements and event day operations at an on-campus stadium. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement with Colorado State University regarding infrastructure improvements and event day operations related to an on-campus stadium, a copy of which intergovernmental agreement is attached hereto and incorporated herein by this reference as Exhibit “A,” with such modifications or additional terms and conditions as the City Manager, in consultation with the City Attorney, - 2 - determines are necessary or appropriate to protect the interests of the City or to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of March, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: March 13, 2015 TO: Mayor & City Councilmembers FROM: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager RE: CSU / City Intergovernmental Agreement (IGA) Regarding On-Campus Stadium: City Council Meeting March 17, 2015: Agenda Item #11 Attached is an updated copy of the draft IGA. This is the most current version and it includes recommended modifications from the version that was included in your council packet. The updates are based on three events:  City Council’s February Work Session  Planning and Zoning Board Work Session On Friday, March 6 th  IGA Public Open House On Wednesday, March 11 th Staff from both CSU and Fort Collins have reviewed the input from the events listed above and collectively developed the attached edits. Some highlights include the following: 1. Event Operations Plan - Page 4 – Paragraph 3. The Stadium Major Event Coordination and Operations Plan shall be developed no later than one year in advance of the First Major Event (recommended at Open House). 2. Emergency Response Plan - Page 4-5 – Paragraph B. CSU shall have an Emergency Response Plan for the stadium (recommended by Council at work session and noted by residents at Open House). 3. Litter Abatement Plan - Page 5 – Paragraph E. The litter abatement plan shall be developed with input from the Stadium Advisory Group (recommended by P&Z and at Open House). 2 4. Tailgating - Page 6 - Paragraph F. Creation of a Game Day Events and Activities Plan. Will address tailgating and will encourage tailgaters to stay on campus rather than tailgating within adjacent neighborhoods (recommended by P&Z and at Open House). 5. Larger SAG/Business Representation - Page 6 – Paragraph 4 A. The Stadium Advisory Group will be expanded to include at least two members of the local business community. The Group will also be established within 6 months of execution of the IGA which will allow for SAG comments and participation during stadium construction (recommended by P&Z). 6. Future Infrastructure - Page 9 – Paragraph D. The future infrastructure section includes more details, specifically - the parties agree to move forward as soon as practical with the improvements, mandatory status reports within 6 months after execution of the IGA, and project responsibility will be based on generally accepted engineering standards (recommended by Council, P&Z and at Open House). 7. Noise Standard - Page 9 – 10 Paragraph 7 – CSU has agreed to strive to meet the City’s noise ordinance in connection with non-football game events at the stadium. Please do not hesitate to contact us if you have any questions or comments. Thanks. March 13, 2015 {00048936 / ver 1 } 1 INTERGOVERNMENTAL AGREEMENT RELATED TO AN ON-CAMPUS STADIUM THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), dated ____________, 2015, is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (“City”), and THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY (“CSU”). The City and CSU are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. The City is a home-rule municipality that was first settled by non-native homesteaders in the mid-1800’s, was originally platted as a town site in 1866, and became the seat of Larimer County government in 1868. In 1873 the town of Fort Collins was incorporated. Fort Collins has a current population of more than 150,000, having grown steadily over the last 55 years from a 1960 population of 25,000. B. The City is home to CSU, and they share a long and successful history. CSU was originally founded as the Agricultural College of Colorado in 1870, and the school first opened its doors in 1879, with two faculty members. Over the last 40 years, the CSU on-campus student population has increased from 18,000 to over 25,000, with 1,700 faculty members, and approximately 4,625 staff members. CSU is the largest employer in northern Colorado. C. Such substantial growth inherently has required and will continue to require improvements and enhancements by the City and CSU to transportation and utilities infrastructure. CSU benefits from the quality of Fort Collins, and Fort Collins benefits economically and culturally from CSU. D. In 1912, CSU opened Colorado Field, located near College between Pitkin and Edwards, which was the on-campus home to CSU’s football team. It had a 5,000 seat grandstand and a press box, and was used for competition through 1967. In 1968, CSU opened Hughes Stadium, located at the base of the foothills, and Hughes Stadium has been the home of the CSU football team to date. E. CSU currently manages game day operations at Hughes Stadium., Those documented efforts include regular coordination with various groups from the City, Larimer County and the State of Colorado. Before each football season, CSU representatives, including representatives from the CSU Athletics Department, the CSU Police Department, and the CSU emergency management personnel, meet with representatives from Fort Collins Police Services, Poudre Fire Authority, the City Traffic Operations Department, Larimer County Sheriff’s Office, the Colorado State Patrol, and Poudre Valley Hospital/University of Colorado Health to plan home football game day operations. Those game day operations include planning for security arrangements, emergency and medical response, as well as traffic and parking plans. In addition, before each home football game, CSU hosts a meeting with those same individuals to coordinate the specific operations for the upcoming football game. CSU follows a similar approach when EXHIBIT A March 13, 2015 {00048936 / ver 1 } 2 planning and managing events on the CSU main campus, including basketball and volleyball games and special events at Moby Arena. F. For several years, CSU has given serious consideration to the construction and operation of a new on-campus stadium located on CSU’s main campus. On December 5, 2014, following hours of public comment and discussion among the Board of Governors of the Colorado State University System, the Board approved the recommendations of CSU President Tony Frank to go forward with the planning, development, financing and construction of an on- campus multi-use stadium facility at CSU to be located at West Lake Street and Meridian Avenue. CSU anticipates the stadium facility will host CSU home football games beginning with the 2017 season. G. On December 4, 2014, the City Council passed Resolution 2014-109, stating that the construction of an on-campus stadium would present impacts to the City and to the neighborhoods adjacent to the proposed stadium, and directing the City Manager to negotiate an intergovernmental agreement with CSU regarding those impacts. CSU and the City have engaged in numerous discussions regarding the impacts of an on-campus stadium and both the City and CSU agree that mitigation of these impacts can be addressed through an intergovernmental agreement addressing operational planning, infrastructure, improvements, transit operations, parking and traffic issues, law enforcement and security services, as well as neighborhood relationships. H. In connection with CSU’s planning for the new stadium, CSU and the City have evaluated stadium-related impacts in order to develop plans and commitments for mitigation of such impacts, as described in this Agreement, including but not limited to operational planning, infrastructure, improvements, transit operations, parking and traffic issues, law enforcement and security services, as well as neighborhood relationships. I. The conduct of significant events in the on-campus stadium facility will have certain impacts to the CSU campus and the surrounding neighborhoods, and as set forth herein, CSU agrees to be responsible for mitigating the impacts that are directly related to the construction and operation of the on-campus stadium facility. However, it is CSU’s position that it is not responsible for any current City infrastructure inadequacies, nor for any improvements that may be desired by the City yet are not directly related to the construction and operation of the new on-campus stadium facility. J. The Parties have jointly identified the need and responsibility to evaluate and manage the existing pedestrian and bicycle traffic entering, exiting, and traversing campus, as well as the increase in such traffic created by the use of the stadium. The Parties also acknowledge the mutual goal of promoting bike and pedestrian safety both on- and off-campus. This responsibility, in conjunction with the Parties’ mutual commitment to reducing vehicle traffic, will be achieved by the improvement of access points around campus, including both grade-separated crossings and same-grade crossings. The safety and management of pedestrian and bicycle traffic will be further achieved by a multi-modal approach to event operations. By emphasizing public transit, as well as implementing best efforts to disperse and spread out peak arrival and departure flows, the Parties can avoid unnecessary infrastructure costs while March 13, 2015 {00048936 / ver 1 } 3 maximizing the stadium’s benefit to CSU and the City. The precise impact of the pedestrian and other traffic generated by the use of the stadium on the surrounding campus, neighborhoods and public services and infrastructure cannot be perfectly predicted, even leading up to the stadium opening. The Parties agree to continue to work together in good faith to identify impacts and common needs, and to develop plans for mitigating such impacts going forward. K. For the purposes of this Agreement the Parties have deemed the terms “campus” and “main campus” to mean generally the approximately 200 acre area southwest of the intersection of College Avenue and Laurel Street that is used by CSU for academic purposes, administrative purposes and other programs and activities associated with CSU. The terms “campus’ and “main campus” are not intended to have a particular legal or interpretive significance as used in this Agreement. L. CSU is recognized locally and nationally as a “green” university, and makes substantial efforts in both construction and normal operations to minimize impact on the environment. In 2015, CSU received the highest score ever reported on the Sustainability Tracking, Assessment and Reporting System (“STARS”), earning CSU the title of the most sustainable university in the country. The City of Fort Collins is also recognized for its green initiatives and energy conservation. Both Parties approach new construction and operational efforts with the same commitment to the environment that helped earn these accolades. M. As set forth in this Agreement, the City and CSU agree to take specific steps to mitigate the impacts related to the construction and operation of a new on-campus multi-use stadium facility, and agree to continue to collaborate and coordinate together in order to advance these objectives. NOW, THEREFORE, the Pparties agree as follows: 1. Term. The term of this Agreement will begin on the date it is fully executed by the Parties (the “Effective Date”) and shall continue until June 30, 2020, provided that the Agreement shall be automatically extended for successive five (5) year terms until either party gives written notice to the other of its intent to terminate this Agreement at the end of its then- current term. Such notice shall be given at least sixty (60) days prior to the end of the then- current term. The Parties have agreed to review and update this Agreement as needed through the adoption of addenda, as more specifically described below. 2. Use of the Stadium. A. Uses. CSU contemplates using the new on-campus stadium facility (the “Stadium”) for several purposes, including but not limited to football practices and games, other CSU NCAA sports, club sports practices and games, intramural practices and games, band and cheerleading practices, athletic camps, as well as special events such as welcome and orientation events, graduation ceremonies, distinguished speakers, and occasional concerts, and various academic and student support purposes, many of which already occur in other CSU locations, including on the main campus. March 13, 2015 {00048936 / ver 1 } 4 B. Major Events. For purposes of this Agreement, a “Major External Event” is defined as a ticketed event, for which tickets are offered for sale to the public, featuring a performance external to CSU, at which attendance is anticipated to exceed 12,000 persons. For purposes of this Agreement, a “Major CSU Event” shall mean any event held at the Stadium that is expected to take place (and ultimately does take place) in the Stadium that, based on past experience, advance ticket sales or other reasonably accurate and publicly available information, is reasonably expected to attract 12,000 or more attendees who are primarily CSU students, faculty, staff, alumni, donors, or supporters and their respective family members and guests, including but not limited to CSU football games, commencement, or new student orientation. CSU agrees not to hold a Major External Event in the Stadium for the first two calendar years after the Stadium’s substantial completion. Following the initial two-year period, CSU anticipates hosting no more than one (1) Major External Event in the third year, no more than two (2) Major External Events in the fourth year, and no more than three (3) Major External Events in the fifth year. CSU agrees to give the City notice of at least sixty (60) days prior to any Major External Event at the Stadium, and to review each Major External Event with the City, both before and after it occurs. If significant problems are discovered through good faith discussions, CSU agrees to discuss with the City a possible limit on the number or extent of future Major External Events. 3. Stadium Event Management. A. Regular Coordination. CSU agrees to continue communicating and coordinating with the City and Larimer County and other relevant agencies for all Major CSU Events and Major External Events held at the Stadium (either referred to as a “Major Event”). In addition, CSU agrees to work with the City to develop, no later than one year in advance of the first Major Event, a Major Event Coordination and Operations Plan (“the Plan”) to provide a framework for management of Major Events, based upon the size, nature and timing of such events. It is anticipated that the Plan will also assist CSU and the City in establishing a framework for planning and coordinating other events that are not considered Major Events but are anticipated to alter the pattern or volume of pedestrian, transit or other traffic flows, or otherwise impact the public facilities serving the CSU campus. The Parties agree to work cooperatively to review and update the Plan from time to time in coordination to reflect the information developed through experience with events and operation of the Stadium. The Plan will also identify a process and mechanism for a game-day communications plan to provide for communication of game- day concerns and coordination, and will generally identify costs of operations expected to be incurred by the City and required in connection with Major Events, to facilitate discussion of and planning for reimbursement of those expenses by CSU. B. Law Enforcement and Security. CSU will coordinate the provision of law enforcement and other security for Major Events at the Stadium. CSU agrees to be responsible for additional costs, if any, that are directly associated with the provision of law enforcement and security for Major Events, as set forth in writing for each specific Major Event. In addition, CSU agrees to consult with local law enforcement agencies March 13, 2015 {00048936 / ver 1 } 5 about entering into a Special Event Mutual Assistance Agreement or other agreement intended to coordinate and arrange for cooperation in connection with Major Events at the Stadium or other events anticipated to result in significant law enforcement and security needs which exceed CSU’s ability or desire to solely provide. In planning for and responding to emergencies on campus, including at the stadium, CSU utilizes a comprehensive Emergency Response Plan, which incorporates the National Incident Management System (“NIMS”), and coordinates with all other appropriate law enforcement agencies. C. Traffic and Parking. CSU and the City agree to encourage multi-modal methods of transportation, such as walking, bicycles, buses, and shuttles, as well as vehicles, to the Stadium for Major Events. CSU is developing a traffic management and campus parking plan for Major Events at the Stadium (the “Traffic/Parking Plan”), and CSU agrees to confer with the City about the Traffic/Parking Plan and any amendments, additions or replacements of or to said Plan. The Parties agree to work together in good faith, in continuation of the spirit of current practices, regarding such approvals and such a Plan. The Parties acknowledge that the initial Traffic/Parking Plan will be based on the expectations for the initial operation of the Stadium, and that any Traffic/Parking Plan will likely require modifications over time, depending upon attendance, traffic patterns, and the availability of public transportation, as well as the evaluation of impacts based on experience with events at the Stadium. The Parties agree to review and develop plans to address costs associated with heightened or special parking enforcement in areas around the campus on Major Event days as part of post-event review process described below in Section 8(B), and on an ongoing basis. D. City Public Transportation Services. CSU agrees to purchase at the City’s generally established price and/or rate for provision of contractual transit services, and the City agrees to the extent of its practical and legal ability to provide, additional City public transportation services, particularly additional services from Transfort, including MAX bus rapid transit service, to assist with managing the flow of people to and from Major Events at the Stadium. Such additional public transportation services will be provided to CSU upon appropriate notice and subject to available capacity, provided that the City shall use its best efforts to plan for such additional capacity in advance based on the information provided to the City by CSU, and shall not unreasonably withhold such services. CSU and the City agree to discuss on a regular basis those supplemental transportation services to be requested by CSU and provided by the City for Major Events at the Stadium. E. Litter and Trash. CSU agrees to establish and implement litter abatement and removal practices for all events held at the Stadium that will include provision of sufficient recycling and disposal receptacles and related attendee education. CSU agrees to consult with the City about any such litter abatement plan, and any amendments, additions or replacements of or to such a plan, and is committed to working with the City, the SAG and the neighborhoods in the vicinity of the Stadium to identify and address litter and trash problems that result from Major Events or other types of events at the Stadium. March 13, 2015 {00048936 / ver 1 } 6 F. Game-Day Activities. CSU agrees to establish and support the ongoing workefforts of a working group comprised of CSU staff representatives and at least one City staff representative, to evaluate and develop plans for the conduct of game-day events and activities, including tailgating, which CSU intends to encourage and provide opportunities for on the campus (rather than in adjacent neighborhoods). The working group will consult with the City regarding matters of shared interest and concern, and CSU will share plans for the conduct of game-day events and activities with the City and integrate those plans into the Major Event Coordination and Operations Plan. 4. Neighborhood Relationships. A. Stadium Advisory Group. CSU and the City agree to support and participate in the creation and maintenance of a Stadium Advisory Group (“SAG” or “the Group”) to examine actual impacts and community interactions as the Stadium is put to use. The SAG shall be established by the Parties within six months of execution of this Agreement, and shall be comprised of no fewer than nineseven persons, no fewer than sixfour of whom shall be affiliated neither with the CSU organization nor the City organization, except that they shall be jointly appointed by the City Manager of the City and the President of CSU. Of said unaffiliated members, no fewer than two shall be members of the local business community. The City shall have no fewer than one representative, and CSU shall have no fewer than two representatives on the SAG. The SAG will be created in good faith, and any recommendations will be considered by both parties as future decisions related to the Stadium, its operations, and impacts, are made. The SAG will meet at least twice yearly, before and following the football season, to review and assess Stadium issues impacting the local residents. B. Good Neighbor Fund. CSU recognizes the construction and subsequent use of the Stadium may have impacts on the neighborhoods adjacent to the University, both expected and unexpected. In the spirit of partnership and responsibility, CSU will conduct fundraising efforts to establish a Good Neighbor Fund (“the Fund”), administered and maintained by CSU or an associated foundation or other appropriate entity, for the sole purpose of supporting efforts to lessen any undesirable or unanticipated effects on City neighborhoods. The stated goal of this fund is an endowment of $750,000, with the endowment income to be committed in whole or part to such ameliorative efforts. However, during the fundraising process or until the expiration of this Agreement, whichever is shorter, CSU will commit up to $37,500 annually to proposals submitted in the spirit of the Fund. Such funds will be allocated and disbursed at CSU’s discretion, through a process to be determined at a later time taking into account input from the City and the SAG. 5. Infrastructure and Related Improvements. The project titles and descriptions in this section are for reference only, and have been specified and defined more thoroughly elsewhere through direct staff-level discussions between the Parties. Such details may change through mutual written assent external to this Agreement, via the ongoing cooperative efforts as March 13, 2015 {00048936 / ver 1 } 7 described herein. All City infrastructure shall be designed and constructed in accordance with the applicable standards and specifications. The Parties acknowledge that the final extent and nature of improvements required may be modified as needed to serve or address the impacts of the Stadium and related improvements as finally designed. In addition, the Parties acknowledge that it will be necessary for the Parties to further discuss and determine the allocation of responsibility for actual construction, as opposed to funding, of improvements. A. Coordination of Construction. Both parties acknowledge that the construction of the Stadium and the surrounding improvement projects will create a temporary disruption for local residents, the City, CSU staff, and CSU students. As it is in the best interest of the citizens and thereby the Fort Collins community, the City and CSU will offer their respective assistance in good faith when necessary to accommodate the improvements described herein. Accordingly, CSU agrees to consult and partner with the City regarding CSU construction plans, schedules and related operational modifications, in order to ensure that any required impacts on, or management of, public facilities or services are addressed. CSU shall be responsible for the costs of repair, restoration or replacement, to City standards, of City facilities damaged as a result of CSU’s construction activities or related impacts. B. Utilities. CSU agrees that City-furnished utility service to the Stadium and any related improvements are subject to compliance with all terms and conditions for utility service, payment of all applicable rates, fees and charges, and construction of required infrastructure in accordance with applicable City standards and specifications. Based on the proposed design and service level for the Stadium as of the time of this Agreement, CSU understands that it will be required to fund or to construct the following improvements and any other utility improvements determined to be necessary for the construction and operation of the Stadium: (1) Waste Water a. Sanitary sewer installation under Whitcomb Street from Lake Street to Wallenberg Drive to provide capacity for the Stadium plus replacement of existing collection system under Whitcomb Street due to the congested right of way. Existing services and collection systems to the existing Whitcomb Street system shall be reconnected to the new sanitary sewer main. b. Downstream pipe upgrade replacements to provide capacity improvements necessary to serve the stadium and maintain any currently existing excess capacity for future needs. c. Or an alternate design of either or both items a. and b., as mutually approved by the City and CSU. (2) Storm Water a. Replace and construct portions of an existing 42” University- owned and University-maintained storm sewer from point of connection at stadium, at approximately Lake Street and Whitcomb Street, south and east to a new water quality pond located near Center Avenue and Bay Drive. March 13, 2015 {00048936 / ver 1 } 8 b. Construct a new water quality outfall pond from the 42” University-owned pipe described above. c. Institute storm water detention. d. Or an alternate design of any or all items a. through c., as mutually approved by the City and CSU. (3) Electrical Feed a. Provide new, second electrical feed into main campus from Laurel Street. (4) Natural Gas a. CSU shall be entirely and solely responsible for any natural gas-related infrastructure in cooperation with Public Service Company of Colorado (Xcel Energy). C. Transportation Improvements. CSU agrees to construct or to fund the following improvements to be completed, excepting circumstances beyond CSU’s control, prior to the first Major Event held at the Stadium: (1) Improvements at Prospect Road and Centre Avenue: a. Addition of a second left turn lane on both the northbound and southbound intersection approaches; b.Grade-separated crossing of Prospect Road for pedestrians and bicycles; (2) Improvements at Elizabeth Street and Shields Street: a. Lane improvements; (3) Improvements at College Avenue and Lake Street: a. Modification of left turn geometry on northbound College Avenue at Lake Street; (4) Improvements at Washington Street and Laurel Street: a. Enhanced pedestrian crossing; (5) Improvements ats Sherwood Street and Laurel Street: a. Enhanced pedestrian crossing; (6) Improvements on Lake Street: a. Bike/pedestrian improvements; (7) Main Campus Pedestrian Improvements a. Sidewalk improvements on Whitcomb Street. between Prospect Road and Lake Street; b.Sidewalk improvements on Pitkin Street; (8) Parking Improvements (Independent of the Stadium) i. Continued operation of main campus Lake Street parking garage; ii. Construction of additional main campus parking garage (approximatelyno fewer than 400 net new parking spaces); and iii. Construction of additional surface parking off of Research Boulevard (approximatelyno fewer than 900 parking spaces); (9) Signage Improvements: i. Wayfinding signage to new Stadium location; March 13, 2015 {00048936 / ver 1 } 9 ii. Wayfinding signage to new event parking; iii. Signage in surrounding neighborhoods; and iv. New interstate signage to Stadium; (10) Traffic Responsive Signal System to support operational capabilities for Stadium events; (11) Alternative Transportation Support and Growth: i. Continued funding for Around the Horn and Main-to-Foothills campus shuttles. ii. Employee and student access to MAX rapid transit service. D. Additional or Ongoing Study. CSU and the City recognize that several ideas and suggested efforts have been raised in early planning stages and remain under development. The Parties agree to meet in good faith to discuss any jointly identified needs and solutions as the evaluation process moves forward, and and will report on the progress of that evaluation no later than six months after the execution of this Agreement as provided in Section 8(A). The Parties agree that ongoing efforts to evaluate and analyze the need for and feasibility of these improvements will continue to completion and that periodic reports on this ongoing work will be provided to the City Manager and the University President. Project responsibility will be based on specific technical analyses including generally accepted engineering standards which shall be completed as part of this evaluation. Tthe Parties are fully committed to implementing the following projects as soon as practicable: (1) Grade-Separated Pedestrian and Bike Crossings or Other Improvements to Address Crossing Issues: a. Shields Street between Laurel Street and Bennett Court. (2) Prospect Corridor Improvements: a. Improvements are outlined in West Central Area Plan, but multi-modal improvements such as the multi-use path are most beneficial for the Stadium. (3) Intersection Improvements a. Improvements to Prospect RoadStreet and College Avenue intersection; b.Improvements to Lake Street and Centre Avenue intersection. 6. Environmental Standards for Stadium Construction and Use. The City has provided CSU with the City’s environmental guidelines related to the construction and use of buildings, and CSU has agreed to review and consider those guidelines during CSU’s construction and operation of the Stadium. The Parties acknowledge that these guidelines are merely advisory. CSU generally strives to achieve the standards established by the U.S. Green Building Council for Gold-level certification. In addition, CSU, as part of a larger university goal, seeks to pursue a carbon neutral standard. 7. Noise and Lighting. The parties acknowledge there is potential for the construction and operation of the Stadium to produce noise and intrusive light that may detrimentally impact adjacent streets and neighborhoods. CSU agrees to explore, and to employ to the extent reasonably practicable, best practices and available technology concerning the March 13, 2015 {00048936 / ver 1 } 10 mitigation of such noise and lighting impacts. CSU agrees to strive to meet the City’s noise ordinances in connection with non-football game events at the Stadium. CSU is committed to receiving input from the SAG, if necessary, to identify and address such problems that result from Major Events or other types of events at the Stadium. 8. Review Procedures and Updates. The Parties acknowledge that they are entering into this Agreement based on their expectations for the initial operation of the Stadium, and that the actual impact of the Stadium cannot be fully known in advance of construction and commencement of use. The Parties agree to meet in good faith for a periodic review of this Agreement and any procedures attendant thereto, at a time and place to be mutually agreed upon. Although the Parties agree to discuss any proposed amendments to the Agreement as part of any periodic review, neither Party is obligated to agree to any subsequent amendment to the Agreement and its provisions. Specifically, the Parties agree: A. The Parties will, within six months of the execution of this Agreement, thoroughly review the expectations, understandings and commitments of the Parties as described herein, including but not limited to a status review of the construction of all improvements described in Section 5, and the evaluation of potential improvements described in Section 5(D). The Parties will report the results of such review to their respective governing bodies and may discuss the adoption of one or more addenda to this Agreement as necessary to document updated requirements for infrastructure improvements and other commitments to reflect the further implementation of this Agreement. Neither Party is obligated to adopt such addenda to this Agreement. B. The Parties will, beginning no later than one monthsix months after the completion of the first football season to be played in the Stadium, thoroughly review the impacts from the use and operation of the Stadium and the effectiveness of the measures described in this Agreement and in the plans and procedures established pursuant to this Agreement, including but not limited to a status review of the construction of all improvements described in Section 5, the evaluation of potential improvements described in Section 5(D), and the evaluation and development of plans for management of Major Event-related impacts, such as game-day tailgating and similar matters. The Parties will report the results of such review to their respective governing bodies, and may negotiate one or more addenda to this Agreement as necessary to document updated requirements for infrastructure improvements and other commitments to address gaps in avoidance or mitigation of impacts or unexpected consequences from the Stadium in light of such review. Neither Party is obligated to adopt such addenda to this Agreement. 9. Existing Rights and Agreements. Nothing in this Agreement shall act to amend, modify, or supersede any annexations, any related agreements or any other agreements, rights, or legal positions by and between the City and CSU external to this Agreement, or to alter in any way their recourse under the same. 10. Liability. Only to the extent permitted by applicable law, each party will be responsible for its own negligent acts or omissions and that of its officers, employees, agents and contractors. Any liability of the City, CSU, or their officers and employees is subject to all the March 13, 2015 {00048936 / ver 1 } 11 defenses, immunities, and limitations of the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended (the “CGIA”), and to any other defenses, immunities, and limitations to liability available under the law. It is expressly understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by CSU or the City of its governmental and sovereign immunities, as an express or implied acceptance by CSU or the City of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the CGIA, as a pledge of the full faith and credit the State of Colorado, or as the assumption by any of the Parties of a debt, contract or liability of each other in violation of Article XI, Section 1 of the Constitution of Colorado. 11. Default; Dispute Resolution. If any party defaults in its obligations under the terms of this Agreement, a non-defaulting party may give the defaulting party written notice specifying the nature of the default. If the defaulting party has not cured the default within thirty (30) days, or, for a default reasonably requiring more than thirty (30) days to effect a cure, has not commenced a cure within thirty (30) days and pursued it with diligence, the non-defaulting party may terminate this Agreement, provided that, if there is any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof, the parties agree to attempt to resolve the dispute informally before terminating the Agreement. Accordingly, the Parties will first elevate the disputed issues to senior administration, and if the matters are not resolved, the Parties may then engage in mediation or other non-binding dispute resolution methods. The Parties agree that in the event of a breach of this Agreement by either party, except for any breach of the obligations set forth in Section 5(B) herein, the sole remedy of the non-breaching party shall be termination of this Agreement as set forth herein, and neither party shall be liable to the other for any money damages, expenses, costs or attorneys’ fees, and neither party shall be entitled to seek and both Parties agree to waive the right to pursue any equitable remedies, including but not limited to injunctive relief or specific performance. 12. Notices. Any notice or other communication given by any party to another relating to this Agreement must be hand-delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at its respective addresses set forth below; and such notice or other communication will be deemed given when so hand-delivered or three (3) business days after so mailed, or the next business day after being deposited with an overnight commercial courier: If to the City: City Manager City of Fort Collins Attn: Darin A. Atteberry P.O. Box 580 Fort Collins, CO 80522 With a copy to: City Attorney's Office City of Fort Collins March 13, 2015 {00048936 / ver 1 } 12 P.O. Box 580 Fort Collins, CO 80522 If to CSU: Office of the President Colorado State University Attn: President Tony Frank 0100 Campus Delivery Fort Collins, CO 80523-0100 With a copy to: Office of the General Counsel Colorado State University System 01 Administration Building 0006 Campus Delivery Fort Collins, CO 80523-0006 13. Obligations Subject to Appropriation. The obligations of CSU and the City to commit or expend funds in any subsequent fiscal year are subject to and conditioned upon the annual appropriation of funds sufficient and intended to carry out said obligations by the Fort Collins City Council and the Board of Governors of the Colorado State University System, respectively, in the City and CSU’s sole discretion. If the City Council or the Board of Governors does not appropriate funds necessary to carry out any such obligations, the City or CSU will notify the other party promptly of such non-appropriation. If such non-appropriation results in a material impairment of the City’s or CSU’s rights hereunder, such party may terminate the Agreement, with no further recourse against the other party, by providing thirty (30) days written notice. 14. General Provisions. A. Words of the masculine gender include the feminine and neuter gender; and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and vice-versa. B. This Agreement is to be construed according to its fair meaning and as if prepared by both Parties and is deemed to be and contain the entire understanding and agreement between the Parties. There shall be deemed to be no other terms, conditions, promises, understandings, statements, or representations, expressed or implied, concerning this Agreement unless set forth in writing and signed by the Parties. C. This Agreement cannot be modified or assigned except in writing signed by all parties. March 13, 2015 {00048936 / ver 1 } 13 D. Subject to the provisions hereof, the benefits of this Agreement and the burdens hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators, successors, agents and permitted assigns. E. This Agreement will be governed by and its terms construed under the laws of the State of Colorado. Any judicial proceedings commenced by a party to enforce any of the obligations, covenants, and agreements contained herein, must be commenced in the Larimer County District Court located in Fort Collins, Colorado. F. Nothing contained herein is deemed or should be construed by the Parties nor by any third party as creating the relationship of principle and agent, a partnership or a joint venture between the Parties, or any employment relationship between the Parties. G. This Agreement is made for the sole and exclusive benefit of the City and CSU, and it is not made for the benefit of any third party. H. If any term or condition of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any way affect any of the other terms or conditions of this Agreement, provided that the invalidity of any such term or condition does not materially prejudice any party in their respective rights and obligations under the valid terms and conditions of this Agreement. I. No party will be deemed in violation of this Agreement if prevented from performing any of its respective obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other circumstances for which it is not responsible or that are not within its control. THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: By: Darin A. Atteberry, City Manager ATTEST: City Clerk March 13, 2015 {00048936 / ver 1 } 14 APPROVED AS TO FORM: City Attorney March 13, 2015 {00048936 / ver 1 } 15 THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, ACTING BY AND THROUGH COLORADO STATE UNIVERSITY Date: ___________________ By: ________________________________ Tony Frank, President Legal Review: Date: ________________________ By: ____________________________ Jason L. Johnson Deputy General Counsel Colorado State University System The largest needed item is the protected bike lane. ~$1.0 million Sidewalk Improvements per CSU Campus Stadium Traffic Impact Study Includes sidewalks on Whitcomb that connect between Lake and Prospect Road. Unknown Intersection Control Review Lake/Pitkin $0.5 - $1.0 million Traffic Responsive Signal System This is a system that will detect current vehicular traffic patterns and adjust signal timing ‘on the fly’ as conditions change. ~$150,000 Total Est. Costs for Transportation Infrastructure: $13 million - $22 million ATTACHMENT 3 to REPORT