HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/06/2015 - ITEMS RELATING TO THE FORT COLLINS-LOVELAND MUNICIAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 6, 2015
City Council
STAFF
Jason Licon, Airport Director
Mike Beckstead, Chief Financial Officer
SUBJECT
Items Relating to the Fort Collins-Loveland Municipal Airport.
EXECUTIVE SUMMARY
A. Resolution 2015-002 Approving the Fort Collins-Loveland Airport Strategic Plan.
B. Resolution 2015-003 Authorizing the Mayor to Execute an Amended and Restated Intergovernmental
Agreement Between the City and the City of Loveland Regarding the Operation of the Fort Collins-
Loveland Airport.
The purpose of this item is to adopt the Airport Strategic Plan and approve the Amended and Restated
Intergovernmental Agreement between the City of Fort Collins and the City of Loveland.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BACKGROUND / DISCUSSION
Strategic Plan
The Airport Strategic Plan is the product of a joint planning effort that involved regional business leaders,
active Airport users and stakeholders, elected officials, and staff from the two Cities. The Airport Strategic Plan
identifies action items that will help the Airport achieve a reimagined vision. The loss of the Airport’s
commercial air carrier focused attention on the Airport’s economic development opportunities and potential.
The resulting strategy will guide Airport decisions for the next five to seven years and builds upon the Airport’s
existing Master Plan and Business Plan. The critical items that were identified are:
Protect against residential encroachment near the Airport
Create a sustainable business model with potential revenue streams and financing for the Airport
Encourage immediate private investment
Revise the Airport governance structure and authority for the governing board
Rebrand the Airport and more productively engage the public.
Intergovernmental Agreement
Since 1963, the City of Fort Collins and the City of Loveland have jointly owned and operated the Fort
Collins/Loveland Municipal Airport. Since this time the Cities have tried a range of governance structures,
including an Airport Board, Ad Hoc Committee, Airport Authority, and Joint Steering Committee. The 1994
Intergovernmental Agreement set up an Airport Steering Committee, composed of the Mayors and City
Managers from each City, an Airport Liaison from each City and the Airport Manager.
Agenda Item 10
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The proposed governance structure will replace the existing Airport Steering Committee with an Airport
Commission. The Commission will be created by intergovernmental agreement between the two owners of the
Airport, the Cities of Fort Collins and Loveland.
The structure and scope of the proposed Commission would be similar in many ways to the Poudre Fire
Authority and Loveland Fire Rescue Authority. The Commission will be vested with more powers than the
current Steering Committee, lessening the need for considerations of individual decisions by the two separate
City Councils. The Commission’s board structure will be more inclusive than the existing Steering Committee
structure, with its membership determined by the two owner City Councils.
Please note: in the 1980s, the Airport was governed for some years by an Airport Authority, created pursuant
to State law. The proposed Airport Commission is not an Airport Authority pursuant to State law.
Key features of the Commission: The Commission will be composed of seven (7) members, as follows:
(2) Two members appointed by the Loveland City Council which members shall be Council members
or employees
(2) Two members appointed by the Fort Collins City Council which members shall be Councilmembers
or employees
One “Citizen Member” appointed by the Fort Collins City Council
One “Citizen Member” appointed by the Loveland City Council
One “Joint Citizen Member” appointed by agreement of the City Councils of Loveland and Fort Collins.
A “Citizen Member” is defined as an individual residing within the Growth Management Area (“GMA”) of the
City of the appointing City Council, or owning or leasing real property or operating a business within the Airport
area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee
or City Councilmember of the Cities. The “Joint Citizen Member” is defined as an individual residing within the
GMA of the either of the Cities, or owning or leasing real property or operating a business within the Airport
area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee
or City Councilmember of the Cities. Citizen Members shall serve a term of four years at the pleasure of the
appointing City Council, subject to removal at any time without cause. The Joint Citizen Member shall serve a
term of four years, subject to removal at any time without cause upon the mutual agreement of the City
Councils. City Council members and employees of the Cities appointed as members of the Commission shall
have no fixed term, but shall be subject to reappointment or removal at the pleasure of the appointing City
Council. Appointments to fill vacancies by Citizen Members or the Joint Citizen Member shall be made for the
remainder of the term and shall be filled by the appointing City Council, or, in the case of the Joint Citizen
Member, by the mutual agreement of the City Councils. The Commission will meet monthly to direct the affairs
of the Airport.
Level of Authority Granted to the Commission
The Commission shall have power to:
Enter into Airport agreements, including Airport property leases and contracts for goods and services,
provided that such agreements are in a form generally approved by the Cities
Authorization of Airport activities
Adoption or revise Airport rules and regulations, including minimum standards
Development of budgets and proposed capital projects
Establish Airport rates, fees and charges on an annual basis
Establish Airport service levels
Develop an Airport operating plan, including security and emergency plans; and
Direct the Airport Manager in the provision of Airport services, including the establishment of goals and
objectives for each year and annual evaluations of the Airport Manager’s performance in relation
thereto on order to make recommendation to the Loveland City Manager regarding employment
matters involving the Airport Manager. Neither City shall be required to name a staff liaison to the
Agenda Item 10
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Airport Authority. Airport operations shall be governed by the IGA.
Powers Retained by City Councils
City Councils retain the powers not specifically delegated to the Airport Commission by the IGA. Of particular
note: the owner City Councils retain approval of the annual contributions to the Airport Budget, approval of the
Airport Master Plan, participation in federal and state grant agreements, purchases and sales of real property
or structures, and construction of capital projects.
Key Benefits
The two primary benefits expected are:
Increased participation and involvement of interested parties and stakeholders. Private sector
participants through the strategic planning process have consistently indicated that a renewed
governance structure is critical to investor confidence in working with the Airport.
Streamlined decision-making and administration: the vesting of more authority in the Commission will
facilitate decision-making, as well as routine administrative tasks. It is expected that the Airport would
be able to be more nimble and responsive in dealing with various matters.
FINANCIAL / ECONOMIC IMPACTS
Adoption of the Strategic Plan will not have a direct financial impact, although it is anticipated that the
achievement of action items will have a positive financial impact. Approval of the Amended and Restated
Intergovernmental Agreement will not have a direct financial impact.
BOARD / COMMISSION RECOMMENDATION
On October 29, 2014, the Airport Steering Committee voted unanimously to recommend approval of the Airport
Strategic Plan (Attachment 1)
PUBLIC OUTREACH
Development of the strategic plan is a product of a joint planning effort conducted by the Cities of Fort
Collins and Loveland with participation from regional business leaders, active Airport users,
stakeholders, and elected officials.
The Airport Strategic Plan revision has been presented at two joint City Council meetings held on April
29, 2014 and November 3, 2014.
The Airport Steering Committee held public meetings to discuss the Airport Strategic Plan on the
following dates:
o May 22, 2014
o October 9, 2014 special meeting
o October 29, 2014 special meeting
A public informational meeting was held at the Airport on October 16th with a presentation on the draft
Airport Strategic Plan
ATTACHMENTS
1. Airport Steering Committee minutes, October 29, 2014 (PDF)
2. Powerpoint presentation (PDF)
Airport Steering Committee Minutes
October 29, 2014
Call to Order:
Mayor Gutierrez called the meeting of the Airport Steering Committee to order on the above date
at 4:32 p.m.
Steering Committee Members in Attendance:
Mayor Cecil Gutierrez, Mayor Karen Weitkunat, Loveland City Manager Bill Cahill, Fort Collins
City Manager Darin Atteberry
Approval of Minutes Motion:
Mr. Cahill made the motion, Mr. Atteberry seconded and all approved.
Citizen Comments:
Mr. Howard Abraham appreciates the staff and the joint effort on the crack sealing.
Item 1: Airport Strategic Plan- Jason Licon
Summary:
The Airport area represents a development zone that has great potential for future development.
As a result of Allegiant Airlines discontinuing their service at the Airport the Cities have now
focused attention on unlocking the economic development potential found within the Airport area.
This focus has led the Cities of Loveland and Fort Collins to direct staff to deliberately and
specifically prioritize this area in the two Cities’ economic development plans and create a
strategic process with private sector participation, which has brought forth new ideas for
consideration.
The Airport Strategic Plan is the product of this joint planning effort that involved regional
business leaders, active airport users, elected officials, and staff from the two Cities. The plan
identifies key recommended strategies and tactics that will help the Airport achieve the
reorganized vision. The Strategy has been approved by the private sector participants and has
been also opened up to airport organizations and businesses for input. The attached document is
the final draft of the Airport Strategic Plan.
Discussion:
The committee discussed the results of the public open house held on October 16th.
Changes needed to the plan were identified.
There is private development interest in the airport right now, timing is critical to capture
that.
Direction:
Mr. Cahill motioned to make a positive recommendation for adoption to both City Councils. Mr.
Atteberry second and all approved.
Adjournment:
The meeting was adjourned at 5:13 p.m.
ATTACHMENT 1
Fort Collins City Council
Meeting
January 6, 2015
ATTACHMENT 2
Airport Strategic Plan
Goals
• Create an environment that will augment the ability for the airport to
attract investment into the Airport
• Enhance financial sustainability
• Reduce reliance upon the Cities, State, and Federal funding sources
• Preserve Airport investment and functionality
• Limit negative social impacts and increase positive impacts
• Actively limiting non-compatible land use near the Airport will result in a reduction
of negative social impact
• Enhanced accessibility through the pursuit of scheduled air service will enhance
positive social impact
Airport Strategic Plan
Development
• Created through a public involvement program where Airport
stakeholders, Elected Officials, and City Staff collaborated on an
updated Airport Vision and Strategy
• A three month City Staff led stakeholder working group met in Aug –
October 2013. The group engaged into a stakeholder resource
strategic planning session spanning through April 2014
• Five public meetings held including Two Joint City Council Meetings
• Development of five Strategic Priorities to achieve the Airport vision
• Timeframe for the strategic plan is estimated between 5 – 7 years
Airport Strategic Plan
Updated Airport Vision Highlights
• Airport is Northern Colorado’s regional airport supporting general aviation,
regional air carrier services, and business opportunities for aviation and
that of compatible use
• The Airport is the first impression to area visitors and should reflect the
regional values and vision of the communities it serves
• The Airport is part of an active multi-modal transportation system that has
excellent facilities and infrastructure including general and commercial
aviation services that will be supportive to the region’s transportation
needs.
Airport Strategic Plan
Action Items (not prioritized)
• Protect against residential encroachment on the airport
• Create a sustainable business model with potential revenue streams and
financing for FNL
• Encourage immediate private investment
• Revise the Airport governance structure and authority for the governing
board
• Chosen as the first step as most action items are directly linked to this
• Rebrand the Airport and more productively engage the public
Airport Governance
Goals
• Streamline decision making and administration
• Reduce cost and time spent on duplication of efforts
• Promote participation and involvement from interested parties and Airport
stakeholders
• Ability for involvement will enhance and motivate
Proposed changes
• Creation of a seven member Airport Commission
• Two members appointed by the Loveland City Council which members shall be
Council members or employees
• Two members appointed by the Fort Collins City Council which members shall be
Council members or employees
• One “Citizen Member” appointed by the Fort Collins City Council
• One “Citizen Member” appointed by the Loveland City Council
• One “Joint Citizen Member” appointed by agreement of the City Councils of
Loveland and Fort Collins
Airport Governance
The Commission shall have the power to:
• Enter into Airport agreements, including Airport property leases and contracts for
goods and services, provided that such agreements are in a form generally
approved by the Cities
• Authorization of Airport activities
• Adoption or revise Airport rules and regulations, including minimum standards
• Development of budgets and proposed capital projects
• Establish Airport rates, fees and charges on an annual basis
• Establish Airport service levels
• Develop an Airport operating plan, including security and emergency plans
• Direct the Airport Manager in the provision of Airport services, including the
establishment of goals and objectives for each year and annual evaluations of
performance
Airport Governance
Powers retained by the City Councils:
• Approve the Airport Master Plan
• Approve the annual contributions to the Airport budget
• Participate in Federal and State Grant agreements
• Purchases and sales of real property or structures
• Construction of capital projects
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RESOLUTION 2015-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE FORT COLLINS-LOVELAND AIRPORT STRATEGIC PLAN
WHEREAS, the cities of Fort Collins and Loveland (jointly, the “Cities”) jointly own
and operate the Fort Collins-Loveland Municipal Airport (the “Airport”); and
WHEREAS, the Cities desire to create a unified vision regarding economic development
of the Airport that includes the private sector; and
WHEREAS, regional business leaders, active Airport users, elected officials and staff
from both Cities have worked together to create a strategic plan to develop the Airport’s
economic potential; and
WHEREAS, as a result of such efforts, the Cities have established the Fort Collins-
Loveland Strategic Plan attached hereto as Exhibit “A” and incorporated herein by reference (the
“Strategic Plan”); and
WHEREAS, the City Council believes that adoption of the Strategic Plan is in the best
interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Strategic Plan is hereby approved.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ACTION ITEMS
STRATEGIC PLAN
FIVE STRATEGIES
FORT COLLINS AND LOVELAND CITY COUNCIL MEMBERS
TACTICS
Protect against residential encroachment on
the airport.
Residential encroachment is a significant
problem for airports around the nation. Fort
Collins-Loveland Airport has had limited
encroachment problems but must guard against
this threat to the Airport’s long term future.
SITUATION
Moving forward
AIRPORT AREA
WORKING GROUP
The recent loss of the Airport’s only
commercial air carrier has focused attention
on the Airport Area’s economic development
opportunities. The Airport Area has
tremendous potential for future development.
The Cities of Loveland and Fort Collins have
deliberately and specifically prioritized this area in
the two Cities’ economic development plans and
created a strategic process with private sector
participation, which has brought forth new ideas
for consideration. This resulting strategy will guide
airport decisions for the next five to seven years
and builds upon the Airport’s existing Master Plan
and Business Plan.
Provide a safe and efficient air transportation
airport facility to the general public and aviation
community by providing airport facilities that meet
Federal Aviation Administration (FAA) safety
standards and to implement a plan that ensures
the efficient development of the airport to
meet the needs of the Fort Collins and
Loveland communities.
Create a sustainable business model with
potential revenue streams and financing
for FNL.
The loss of commercial service has deprived the
Airport of a major revenue stream. The Airport
needs an updated business model which will
create and rely upon diverse revenue streams.
Encourage immediate private investment.
Private investment capital is needed for future
airport development due to limited public
funding availability. A clearer process is needed
to attract high quality investment.
Revise the Airport governance structure and
authority for the governing board.
Current Airport governance structure needs to
become more nimble and responsive. In
addition, the governance structure should enlist
greater participation and stakeholder
involvement.
Rebrand the Airport and more productively
engage the public.
Greater public engagement and understanding
AIRPORT AREA ECONOMIC DEVELOPMENT AND LAND USE CONCEPTUAL STRATEGY MAPS
AIRPORT
AREA DEVELOPMENT
PROPERTY AVAILABLE
FOR DEVELOPMENT ON AIRPORT
Through the utilization of existing planning
information, and the recommendation and input of
the Airport Area Working Group, an airport area
development map was created. This was done in
order to identify where potential development
opportunities may exist and be placed in a manner
consistent with existing developed areas and
transportation resources.
ON AIRPORT
AREA DEVELOPMENT
The map identifies locations within the Airport
boundaries for development opportunities. One of
the Airport’s primary assets is undeveloped land. It
is because of this resource it is critical to ensure
that it is developed in a way that is consistent with
existing and future demand.
COMPATIBLE LAND USE
The Airport area has experienced a high level of
development over the past few years. The area
now represents a diverse mix of land use.
In order to maintain a healthy and high
functioning transportation center, it will require
adjacent area developments to be compatible with
Airport activities.
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RESOLUTION 2015-003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND
THE CITY OF LOVELAND REGARDING THE OPERATION OF THE
FORT COLLINS-LOVELAND AIRPORT
WHEREAS, in 1963, the City of Fort Collins and City of Loveland (jointly, the “Cities”)
agreed to the establishment of a regional general aviation facility and become the owners and
operators of the Fort Collins-Loveland Municipal Airport (the “Airport”); and
WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain
Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal
Airport dated May 16, 2000, as amended by that certain first Amendment to the Administrative
Guidelines (Exhibit A) of the Intergovernmental Agreement Concerning the Joint Operation of
the Fort Collins-Loveland Municipal Airport dated November 10, 2003, and that certain Second
Amendment to the Intergovernmental Agreement for the Joint Operation of the Fort Collins-
Loveland Municipal Airport dated May 15, 2007 (collectively referred to as the “Operating
Agreement”); and
WHEREAS, the Cities have approved a strategic plan for the operation of the Airport
which includes protecting the Airport against residential encroachment, creating a sustainable
business model for the Airport, encouraging immediate private investment in the Airport,
revising the Airport governance structure and authority for the governing board, and rebranding
the Airport and more productively engaging the public in Airport operation issues; and
WHEREAS, as a part of the action items of the Strategic Plan, the Council has also
determined that the proposed amended governance structure is in the best interests of the City
and the Airport and that an amended and restated intergovernmental agreement between the
cities of Fort Collins and Loveland should be entered into to reflect the cities’ desire to change
the governance structure of the Airport and to delegate certain Airport duties and responsibilities
in order to provide more effective and efficient Airport management and operations; and
WHEREAS, the City Council has further determined that the Airport governance
structure should be in the nature of a “commission” that pursues the development of the Airport
as a regional airport in northern Colorado and that the commission should be named the
“Northern Colorado Regional Airport Commission” in order to reflect the regional nature of the
Airport’s character; and
WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article
II, Section 16 of the City Charter), the Cities are authorized by law to contract with one another
to provide for the joint exercise of any function, service or facility lawfully authorized to each of
the Cities; and
WHEREAS, the City Council has received a favorable recommendation for the proposed
new governance structure from the Airport Steering Committee and from Airport staff and has
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determined that the Amended and Restated Intergovernmental Agreement for the Fort Collins-
Loveland Municipal Airport is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Amended and Restated Intergovernmental Agreement for the Joint
Operation of the Fort Collins-Loveland Municipal Airport amending the governance structure for
the Airport, attached hereto as Exhibit “A” and incorporated herein by this reference, is
approved, and the Mayor is authorized to execute said Amended and Restated Intergovernmental
Agreement together with such changes to the form of said agreement as the City Manager, in
consultation with the City Attorney, determines to be necessary or appropriate to protect the
interests of the City provided that such changes are materially consistent with the terms and
conditions of this Resolution and the intended purpose of said agreement. The Amended and
Restated Intergovernmental Agreement shall supersede and fully replace the Operating
Agreement.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE
JOINT OPERATION OF THE
FORT COLLINS-LOVELAND MUNICIPAL AIRPORT
THIS AGREEMENT is made and entered into this _____ day of , 2015,
between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY
OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter collectively referred to
as "Cities."
W I T N E S S E T H :
WHEREAS, in 1963, the Cities agreed to the establishment of a regional general aviation
facility and became the owners and operators of the Fort Collins-Loveland Municipal Airport
("Airport") more specifically described as follows:
Barnstorm First Addition to the City of Loveland, being a portion of Sections 20,
21, 28, 29 and 33, Township 6 North, Range 68 West of the 6th P.M., County of
Larimer, State of Colorado.
Barnstorm Second Addition to the City of Loveland, being a portion of Section 28
and Section 33, Township 6 North, Range 68 West of the 6th P.M. and a portion
of Section 3 and Section 4, Township 5 North, Range 68 West of the 6th P.M.,
County of Larimer, State of Colorado; and
WHEREAS, the Cities have heretofore entered into agreements addressing the
ownership, operation and maintenance of the Airport dated July 3, 1979; September 1, 1981
(amended by Addendum dated December 19, 1989); January 9, 1991; December 21, 1993; June
18, 1996, and May 16, 2000 (amended by the First Amendment to the Administrative Guidelines
(Exhibit A) of the Intergovernmental Agreement Concerning the Joint Operation of the Fort
Collins-Loveland Municipal Airport dated November 10, 2003, and the Second Amendment to
the Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal
Airport dated May 15, 2007); and
WHEREAS, the Councils of the Cities have determined that the operation and
maintenance of the Airport should be continued as a joint venture between the Cities; and
WHEREAS, the Councils of the Cities have further determined that this amendment and
restatement is necessary to reflect their desire to change the governance structure of the Airport
and to delegate certain Airport duties and responsibilities in order to provide more effective and
efficient Airport management and operation; and
WHEREAS, the Councils of the Cities desire that the Airport governance structure be in
the nature of a “commission” that pursues the development of the Fort Collins-Loveland Airport
as a regional airport in Northern Colorado and that the commission should be named the
“Northern Colorado Regional Airport Commission” to reflect the regional nature of the Airport’s
character; and
EXHIBIT B
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WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article
II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with
one another to provide for the joint exercise of any function, service or facility lawfully
authorized to each of the Cities if such contracts are approved by the Councils of the Cities; and
WHEREAS, the purpose of this Agreement is to set forth fully the purposes, powers,
rights, obligations and the responsibilities, financial and otherwise, of the contracting Cities.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. Joint Airport Operation. The operation and maintenance of the Airport is a joint
venture between the City of Fort Collins and the City of Loveland, with full management and
policy-making authority vested equally in both Cities. “Policy issues” shall include, but shall not
be limited to, the adoption of the master Airport plan, participation in federal and state grant
agreements, purchases and sales of real property or structures, construction of capital projects,
and approval of the annual contributions to the Airport budget, all of which shall require the
approval of the City Councils.
2. Facility Management and Commission Appointments.
A. Subject to the Policy Issues reserved to the City Councils set forth in Section 1 or
as otherwise provided herein, Management authority over Airport operation and
commercial, industrial or other operations and activities of any kind located on
the Airport is vested in the Northern Colorado Regional Airport Commission (the
“Commission”). The Commission shall elect a chairperson and vice chairperson
from its members. Said officers shall perform the duties customary for said
offices including: (i) the chairperson shall sign all contracts on behalf of the
Commission, except contracts that may be signed by the Airport Manager as
authorized by the Commission and shall perform such other duties as may be
imposed by the Commission; and (ii) the vice chairperson shall perform all of the
chairperson’s duties in the absence of the chairperson.
B. The Commission shall be comprised of seven members as follows: (a) two
members shall be appointed by the Loveland City Council which members shall
be City of Loveland council members or employees; (b) two members shall be
appointed by the Fort Collins City Council which members shall be City of Fort
Collins council members or employees; (c) one Citizen Member (defined below)
shall be appointed by the Loveland City Council; (d) one Citizen Member
(defined below) shall be appointed by the Fort Collins City Council, and (e) one
Joint Citizen Member (defined below) shall be appointed by the City Councils
upon mutual agreement. A “Citizen Member” is defined as an individual residing
within the Growth Management Area (“GMA”) of the City of the appointing City
Council, or owning or leasing real property or operating a business within the
Airport area of influence as defined in the Airport Master Plan; provided that such
member shall not be an employee or city council member of the Cities. The
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“Joint Citizen Member” is defined as an individual residing within the GMA of
the either of the Cities, or owning or leasing real property or operating a business
within the Airport area of influence as defined in the Airport Master Plan;
provided that such member shall not be an employee or city council member of
the Cities. Citizen Members shall serve a term of four years at the pleasure of the
appointing City Council, subject to removal at any time without cause. The Joint
Citizen Member shall serve a term of four years, subject to removal at any time
without cause upon the mutual agreement of the City Councils. City Council
members and employees of the Cities appointed as members of the Commission
shall have no fixed term, but shall be subject to reappointment or removal at the
pleasure of the appointing City Council. Appointments to fill vacancies by
Citizen Members or the Joint Citizen Member shall be made for the remainder of
the term and shall be filled by the appointing City Council, or, in the case of the
Joint Citizen Member, by the mutual agreement of the City Councils.
3. Bylaws. The Commission shall adopt By-laws governing the responsibilities and
duties of the Commission consistent with the terms and conditions of this Agreement. The By-
laws and any amendments thereto shall be approved the City Councils before going into effect.
4. Commission Powers and Scope of Authority. The Cities do hereby delegate to
the Commission the following powers and authority subject to any Airport plans or policies
jointly adopted by the City Council, applicable federal and state law, the Cities’ charters,
ordinances and regulations, as they exist or as amended, the terms and conditions of Federal
Aviation Administration (“FAA”) or other grant agreements, including without limitation any
grant assurances set forth therein, and any other limitations set forth herein:
A. Enter into Airport agreements, including Airport property leases and contracts for
goods and services, provided that such agreements are in a form generally
approved by the Cities;
B. Authorize Airport activities;
C. Adopt or revise Airport rules and regulations, including minimum standards;
D. Develop budgets and propose capital projects;
E. Establish Airport rates, fees and charges on an annual basis;
F. Establish Airport service levels;
G. Develop an Airport operating plan, including security and emergency plans; and
H. Direct the Airport Manager in the provision of Airport services, including the
establishment of goals and objectives for each year and annual evaluations of the
Airport Manager’s performance in relation thereto on order to make
recommendation to the Loveland City Manager regarding employment matters
involving the Airport Manager.
5. Provision of Administrative Services. It is agreed that the Cities shall provide
Administrative Services to the Airport Operations.
A. Such services shall include but shall not be limited to personnel, salary and
benefits administration, legal services, accounting, budget preparation assistance,
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engineering, risk management, purchasing and other similar administrative
services;
B. The City providing such services shall be entitled to recover, out of funds
budgeted and appropriated for the Airport, its reasonable expenses incurred. The
administrative charge shall be calculated in the same manner as charges made by
the providing City to its own governmental enterprise funds;
C. The City Managers shall maintain Administrative Guidelines which specify the
duties and responsibilities of each City and any method or methods by which one
City may enter into purchasing, consulting and other contracts pertaining to the
Airport on behalf of both Cities. The Administrative Guidelines shall also
specify, within the limits as set forth in subparagraph B above, the expenses
which each City shall be entitled to recover for specific services provided. The
Administrative Guidelines which have heretofore been developed are attached
hereto as Exhibit "A" and incorporated herein by this reference. Modifications
may be made to said Administrative Guidelines by mutual agreement of the City
Managers in order to effect more efficient administration of the Airport.
6. Airport Manager, Appointment and Duties. The City Manager of the City of
Loveland shall appoint an Airport Manager subject to the regulations and policies of the City of
Loveland, after consultation with the City Manager of the City of Fort Collins and the
Commission. The Airport Manager shall:
A. Subject to the direction of the Commission, manage the operations of the Airport
in a safe and efficient manner and maintain the grounds, structures and equipment
in a clean, orderly, safe and operational condition in conformity with all
applicable federal, state and local laws, rules and regulations and other legal
requirements;
B. Manage such operations in a manner which is compatible with the interests of the
Cities, Commission and users of the Airport;
C. Perform all duties normally associated with sound, safe, innovative, prudent and
efficient Airport management and provide all services as are customary and usual
to such an operation, including, but not limited to, the following:
i. Maintenance and Repair Services. Maintain and repair (structurally and
otherwise) in a good and skillful manner, and enforce the obligations of
any tenant to maintain and repair in such manner:
a. all runways, ramps and taxiways, runway and taxiway lights,
markings and striping, navigation aides not maintained by the
FAA;
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b. vehicles, equipment, machinery and tools used in the operation,
maintenance or repair of the Airport;
c. Airport grounds including, without limitation, perimeter fences,
parking lots, grass cutting and removing or topping trees and
shrubs where and when necessary; and
d. all Airport buildings and structures, including, without limitation,
plumbing, electrical, sprinkler, heating and air conditioning
systems, apparatus and equipment.
ii. Aviation Support Functions. In a manner consistent with sound Airport
operating and safety practices, perform or cause to be performed:
a. operation of the fuel farm with due regard for the operational
requirements of the suppliers of petroleum products at the Airport;
b. operation of the ramp area adjacent to the terminal for the benefit
of users thereof;
c. expeditious removal of snow and ice from all runways, taxiways,
ramps, parking lots and access roads;
d. periodic visual checks to locate and remove all foreign objects
from all runways, taxiways, ramps and aircraft parking areas.
iii. Negotiations with Third Parties.
a. In connection with the solicitation of proposals and negotiation of
such leases, concessions and other agreements as may be necessary
or desirable for the proper operation of the Airport in accordance
with federal, state and local laws, rules and regulations and any
grant agreements or related assurances, the Airport Manager shall
prepare specific programs and courses of action and shall, at the
direction of the Commission and on behalf of the Cities,
implement such programs and courses of action in conformity with
the same.
b. Administer and monitor all agreements with Airport
concessionaires, tenants and construction contractors, see full and
complete compliance with the terms and conditions contained in
such agreements, and endeavor to see that such agreements are
carried out in a manner which is consistent with the proper
operation of the Airport, provide coordination to avoid or minimize
disruption of Airport operations and services and perform or cause
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to be performed all obligations imposed on the Cities pursuant to
such agreements.
c. Subject to direction from the Commission and in conformance
with applicable procurement requirements, procure such aviation
and related services, equipment, materials and supplies as may be
necessary for the proper operation and marketing of the Airport.
D. Prepare the Airport Annual Operating Budget in time to submit said
budget and plan to the Commission and the City of Loveland for approval
and to submit the annual request for Airport budget contributions through
both Cities' annual budget processes for approval, and concurrently
provide a copy of the Airport Annual Operating Budget to the City of Fort
Collins, for information purposes. The Annual Operating Budget shall
itemize all anticipated revenues and operating expenses and shall support
such items of revenue and expense with records and documents.
E. In conjunction with the Airport Annual Operating Budget, prepare an
Annual Operating Plan which shall include, but not be limited to: a
maintenance and repair schedule; a schedule of proposed Airport fees; a
list of all aviation and aviation-related concessionaires, contractors and
tenants; a schedule of all leases, concessions, contracts and agreements to
be negotiated or renegotiated; recommendations, if any, for revisions of
the Emergency Contingency Plan, Airport Rules and Regulations, Noise
Reduction Plan, Community Information Plan and the Airport Security
Plan; recommendations, if any, for non-capital equipment; a five-year
projection of anticipated revenues and expenses based on a comparison
with the previous fiscal year and prepared with reference to other relevant
data; a schedule of proposed staffing levels of full-time, part-time and
seasonal employees and any factors which may affect Airport operation
and management. Appropriate modification of the Airport Operating Plan
shall be made as required to conform to the Airport Operating Budget as
adopted or amended.
F. Prepare and submit to the Commission and the Cities a written five-year
Capital Improvement Plan for 2015 and each year thereafter as may be
necessary in accordance with Paragraph 10 of this Agreement. Such
Capital Improvement Plan shall include, but not be limited to, an
appropriate construction schedule for each project; a projection of the total
and annual cost of each project; evaluation of the availability of federal,
state or private financing options such as build/own/operate/manage and
turnkey, for each such project on the Airport Master Plan and on Airport
operations, preliminary data to provide order of magnitude cost estimates
for each project; and a statement of all major actions required to
implement each such project.
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7. Airport Funding. Each City acknowledges that ongoing funding for proper
maintenance and capital development of the Airport will be necessary and each City agrees to
review any request for funds from the Commission during its respective Annual Budget process.
A. The Cities agree to continue the practice of sharing equally in the revenues and
expenses arising from Airport operations. If financially feasible, each City shall
appropriate necessary funds for capital items, i.e., to maintain the facility, build
additional facilities, and match any grants for Airport Improvement Program
Projects funded by the FAA.
B. Financial contributions to the Annual Operating Budget and the implementation
of the Capital Improvement Plan shall be shared equally between the Cities,
except that each party reserves the right to invest additional funds in the Airport
as it sees fit.
C. Improvements to the real property as well as any personal property resulting from
such single party investments shall be and remain an asset of the investor.
However, single party investments shall have no effect of the percentages of
ownership in the Airport as presently divided between the Cities.
D. Each City's equal share of the Annual Operating Budget and the Capital
Improvement Plan shall be appropriated by each City and transferred or otherwise
paid into the designated account to be used for Airport funding on an annual basis
by the City providing finance and accounting administrative services for the
enduring budget year.
E. It is understood and agreed that the City providing finance and accounting
administrative services for the Airport may collect, hold, invest and disburse
funds belonging to the other City (whether such funds are revenues from the
Airport or financial contributions made by such other City or other funds
belonging to such other City) only as an agent of such other City, and subject to
the general duties and responsibilities of an agency relationship. Accordingly, the
City providing such services shall, with respect to such funds of the other City, be
under the control of the Financial Officer of such other City and shall make
monthly reports to such Financial Officer, which reports shall contain a detailed
accounting of all such funds collected, held, invested and disbursed by the City
providing such services for the period of time covered by such report.
8. Effective Date. This Agreement shall become effective on the date first listed
above.
9. Effect Upon Prior Agreements. This Agreement shall:
A. extinguish and replace the intergovernmental agreements related to operation and
management of the Airport entitled Joint Operating Agreement for the Fort
Collins-Loveland Municipal Airport dated July 3, 1979; Agreement dated
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September 1, 1981, and its Addendum to Agreement dated December 19, 1989;
Inter-governmental Agreement for the Joint Operation of the Fort Collins-
Loveland Municipal Airport dated January 9, 1991; Intergovernmental Agreement
for the Joint Operation of the Fort Collins-Loveland Municipal Airport dated
December 21, 1993; Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Municipal Airport dated June 18, 1996; and
Intergovernmental Agreement for the Joint Operation of the Fort Collins-
Loveland Municipal Airport dated May 16, 2000 (amended by the First
Amendment to the Administrative Guidelines (Exhibit A) of the
Intergovernmental Agreement Concerning the Joint Operation of the Fort Collins-
Loveland Municipal Airport dated November 10, 2003, and the Second
Amendment to the Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Municipal Airport dated May 15, 2007); and
B. not abrogate or otherwise nullify the terms and conditions of the
Intergovernmental Agreement dated June 19, 1992, concerning the Airport fire
station, which agreement shall be considered an amendment to the provisions of
this Agreement should the provisions conflict.
10. Term, Modifications, Extensions. This Agreement shall remain in full force and
effect until December 31, 2015, unless earlier terminated by mutual written agreement of the
parties hereto. This Agreement may be modified only by the written agreement of the parties
hereto. This Agreement may be extended (a) by written agreement of the parties or (b)
automatically for successive one year periods by virtue of each City, in its respective annual
budgets, having appropriated funds to support the annual operating budget for the Airport for the
ensuing budget year in accordance with the provisions of Paragraph 7 of this Agreement.
11. Indemnity. To the extent authorized by law, each party shall indemnify, save and
hold harmless the other party, its boards, employees, officers and agents, against any and all
claims, damages, liability and court awards, including costs, expenses and attorney's fees,
incurred as a result of any act or omission by that party or its officers, agents, employees,
subcontractors pursuant to the terms of this Agreement.
12. Ownership of Land and Facilities. Except for single City purchases which shall
become vested in the purchasing City in accordance with the provisions of Paragraph 7,
ownership of the real and personal property, buildings, structures and facilities located on the
Airport shall be divided according to the date of acquisition as follows:
A. Real property, improvements and personal property acquired prior to July 3, 1979,
as described on Exhibits "B" and "C" attached hereto and made a part hereof, or
as established by extrinsic evidence shall be deemed to be vested in both Cities
according to the following proportions:
1. An undivided one-third (1/3) interest to the City of Loveland; and
2. An undivided two-thirds (2/3) interest to the City of Fort Collins.
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B. Real property, improvements and personal property acquired on or after July 3,
1979, as well as any appreciation in value accruing to such properties or the
properties described in Paragraph A above, shall be deemed to be vested in both
Cities according to the following proportions:
1. An undivided one-half (1/2) interest to the City of Loveland; and
2. An undivided one-half (1/2) interest to the City of Fort Collins.
C. In the event either party does not pay its one-half (1/2) share of agreed expenses
in any given year, such City shall relinquish in each such year in which it shall
fail to apply such expenses, all right, title and interest in and to ten percent (10%)
of its total ownership interest in real and personal property at the Airport and shall
convey the same to the other City.
13. Non-multiple year fiscal obligation. Nothing in this Agreement shall be construed
to create a multiple fiscal year direct or indirect financial obligation of or on behalf of any party
to this Agreement.
14. Non-liability of Individuals. No officer, agent or employee of either party hereto
shall be charged personally or held contractually liable by or to the other party under any term or
provision of this Agreement or of any supplement, modification or amendment to this Agreement
because of any breach thereof, or because of his, her or their execution or attempted execution of
the same.
15. Benefits. This Agreement is made for the sole and exclusive benefit of the Cities,
their successors and assigns, and is not made for the benefit of any third party.
16. Relationship of Parties. The parties enter into this Agreement as separate,
independent governmental entities and maintain such status throughout.
17. No Assignment. The parties covenant and agree that they will not assign this
Agreement, any interest or part thereof or any right or privilege pertinent thereto, without written
consent of the other party first having been obtained.
18. Entire Agreement/Ambiguities. This Agreement embodies the entire agreement
of the parties. The parties shall not be bound by or be liable for any statement, representation,
promise, inducement or understanding of any kind or nature not set forth herein. No changes,
amendments or modifications of any of the terms or conditions of this Agreement shall be valid
unless reduced to writing and executed by both parties. In the event of any ambiguity in any of
the terms of this Agreement, it shall not be construed for or against any party hereto on the basis
that such party did or did not author the same.
19. Applicable Law, Severability, Arbitration. The laws of the State of Colorado
shall be applied in the interpretation, execution and enforcement of this Agreement. Any
provision rendered null and void by operation of law shall not invalidate the remainder of this
Agreement to the extent that this Agreement is capable of execution. The parties agree to submit
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any dispute over the interpretation or application of this Agreement to final and binding
arbitration with the Judicial Arbiter Group of Denver, Colorado. The cost of arbitration shall be
borne equally by the parties unless the arbitrator shall find that a claim or defense is frivolous
and without reasonable justification.
[End of page.]
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IN WITNESS HEREOF, this Intergovernmental Agreement has been executed that day
and year first above written.
THE CITY OF LOVELAND, COLORADO
A Municipal Corporation
By: __________________________
Mayor
ATTEST:
______________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: ______________________________
Mayor
ATTEST:
______________________
City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
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EXHIBIT “A”
Administrative Guidelines
(Services Provided by the City of Loveland)
All services described below are to be provided by the City of Loveland, except as otherwise
specifically noted.
Legal Services
The City Attorney’s office will provide legal services to the Airport.
In the event that it is necessary to use the services of outside counsel, the cost incurred would be
included in charges to the Airport.
Accounting and Purchasing
Accounting will maintain financial records for the Airport in a separate accounting fund.
Services provided will include monthly reports, accounts payable, payroll processing, processing
and payment of purchase orders, and preparation of work papers for the annual audit.
Performance of the annual audit would be included as an item in City’s bid for audit services.
Personnel and Benefits Administration
The Employee Relations Department will maintain employment records, assist in recruiting,
disciplinary action and discharge of employees; assist with classification and compensation of
employees; administer claims and benefits plans; and provide training programs for Airport
employees.
Participation of Airport employees in training programs will be on the same basis as for
employees of the City of Loveland. There is no cost except for those programs for which there is
an additional cost for City employees.
All Airport employees shall be subject to the employee regulations and policies of the City of
Loveland.
Engineering
Engineering will provide consultation on routine pavement management issues, bidding and
administration of pavement maintenance contracts.
Facilities Maintenance
Facilities Maintenance can assist in establishing preventive maintenance schedules for the
terminal and other buildings, and providing consultation on facilities maintenance issues.
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General Administration
Environmental services including storm water discharge permitting and regulatory compliance,
can be provided through civil engineers, environmental resource assistances, industrial
pretreatment coordinators and other professionals, .
Street Sweeping
Parking lot and other sweeping is available.
Security
Security services which are outside the scope of the duty of the Loveland Police Department can
be provided by off-duty officers, when available.
Risk and Insurance
The City of Loveland shall maintain liability coverage for the Airport. Risk management services
related to this coverage will include claims administration; implementation of incident reporting
to track and monitor problem areas; periodic meetings with the Airport manager to review the
incident reports; and periodic safety inspections of the premises.
The City of Fort Collins shall maintain property coverage. Risk management services related to
this coverage will include assistance with claims administration, periodic meetings with the
airport manager, and other services as requested. There will be no charge for these services.
The Airport Annual Operating Budget provides for insurance deductibles. If the insurance that
has been purchased includes a higher deductible amount, the cities of Loveland and Fort Collins
will share equally in the difference between the budgeted deductible, and the lesser of the amount
of the claims and deductible amount provided for in the insurance policy. Such amount will be
paid from each City's risk pool, and will not be charged to the Airport’s Annual Operating
Budget.
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EXHIBIT “B”
Legal Description [pdf to be attached]
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EXHIBIT “C”
Property/Equipment
will benefit the Airport’s future. Rebranding will
support Airport marketing and more clearly
express the Airport to the public.
Gino Campana, Fort Collins
Dave Clark, Loveland
Ross Cunniff, Fort Collins
Phil Farley, Loveland
John Fogle, Loveland
Mayor Cecil Gutierrez, Loveland
Gerry Horak, Fort Collins
Troy Krenning, Loveland
Hugh McKean, Loveland
Bob Overbeck, Fort Collins
Lisa Poppaw, Fort Collins
Joan Shaffer, Loveland
Darin Atteberry
Mike Beckstead
Josh Birks
Curt Burgener
Bill Cahill
Tom Dwyer
Betsey Hale
Jay Hardy
Robert Hau
Jerry Helgeson
Annette Gilbert
Cecil Gutierrez
Stacy Johnson
SeonAh Kendall
Jason Kopp
Jason Licon
Martin Lind
Stu MacMillian
Deb Montgomery
Malachi O’Neill
Jim Parke
Troy Peterson
Curt Richardson
Rich Shannon
Ralph Trenary
Karen Weitkunat
Chauncey Taylor, Loveland
Ralph Trenary, Loveland
Wade Troxell, Fort Collins
Mayor Karen Weitkunat, Fort Collins
Jason Licon, Airport Director
1. Involve the two Cities and Larimer County in
developing a new IGA for land development
within the airport influence area.
1. Develop 10-year financial model for financial
sustainability.
2. Clarify the Airport’s market and potential.
3. Resolve issues with through the fence
agreements, both existing and future.
1. Encourage creation of an innovative aviation
cluster through public private partnership.
2. Develop and issue request for airport
development proposals.
3. Pursue a Charter Flight Service or Airline
Guarantee program.
1. Create a new governance structure for approval
by Cities
2. Adopt all necessary changes in an updated IGA
for the Airport.
3. Encourage participation by stakeholders and
the public.
1. Rebrand the Airport to create an enhanced
regional identity.
2. Build stronger Airport public information
program.
AIRPORT MISSION
The Fort Collins-Loveland (FNL) Airport will be
Colorado’s premier regional airport supporting
general aviation, regional air carrier services, and
business opportunities for both aviation and
non-aviation uses.
The Airport is the front door and first impression to
visitors of Fort Collins, Loveland, and Larimer
County, and will reflect the regional values and
vision of the communities it serves. The Airport will
have an impressive gateway, compelling signage,
and advertising to the 3 million travelers on I-25.
The Airport will host a thriving general aviation
community. The Airport has a clear, compelling
role in our region and plays a critical role in our
region’s economic health. Fort Collins and
Loveland are aligned in attracting new enterprises
that build upon Airport resources.
The Airport will be part of an active multi-modal
system that integrates air, highway, and rail
transportation. The Airport has excellent physical
facilities and infrastructure, a high quality fuel
service provider with hanger facilities and
exceptional service, and an excellent scheduled
air service supporting over 10,000 enplanements
per year. The Airport has facilities that service
aircraft with turbine maintenance services, a
quality restaurant, and an air museum. The Airport
has based aircraft manufacturers attracting high
quality jobs to the region.
VISION FOR THE AIRPORT