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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 03/17/2015 - COMPLETE AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting March 17, 2015 (Revised 3/16/17) Proclamations and Presentations 5:30 p.m.  Proclamation Declaring April as Sexual Assault Awareness Month.  Proclamation Declaring March 16-22, 2015 as Fix a Leak Week.  Proclamation Declaring April 9, 2015 as the Day for the Interfaith Council Awards.  Proclamation Declaring March as Developmental Disability Awareness Month.  Proclamation Declaring April 12-18, 2015, as National Public Safety Telecommunications Week. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL City of Fort Collins Page 2  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the February 17, 2015 Regular Council Meeting and the February 24, 2015 Adjourned Council Meeting. The purpose of this item is to approve the minutes from the February 17, 2015 Regular Council meeting and the February 24, 2015 Adjourned Council meeting. 2. Items Relating to the Downtown Development Authority. A. Second Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. B. Second Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. These Ordinances, unanimously adopted on First Reading on March 3, 2015, appropriate certain unanticipated revenues and reappropriate certain funds previously committed for projects and programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, appropriates $63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, appropriates unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate previously committed project funds in the amount of $438,611 for use in the Old Town Square Renovation. 3. Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season. This Ordinance, unanimously adopted on First Reading on March 3, 2015, sets rates and charges for the rental and delivery of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other water users. On First Reading, the agenda item summary (AIS) indicated that the typical rental rate per Water Supply and Storage Company (WSSC) share is $1,600 over the annual assessment per share. However, this was a typographical error as the typical rental rate per WSSC share is $600 over the annual assessment per share. This has been corrected in the ordinance. The resultant rental rate per WSSC share is still $3,500 per share, as indicated in the AIS on First Reading. 4. First Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for the Replacement of Two Damaged Trucks. The purpose of this item is to appropriate $272,794 in Reserves in the Wastewater Fund to replace two damaged trucks. In 2014, $222,794 in unanticipated revenue was received from the Risk Management Fund and from insurance proceeds to compensate the Wastewater Utility for two trucks that were totaled in separate accidents. The $222,794 in unanticipated revenue contributed to increased Wastewater Reserves at year-end 2014 in this same amount. Due to the cost of replacing one of the trucks, an additional $50,000 is to be appropriated from the Wastewater Utility Capital Outlay Reserve which is reserved for equipment purchases. The Capital Outlay Reserve currently totals $657,300. The 2015 supplemental appropriation will be used to replace both trucks. 5. First Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain Escrows as Assurance of Completion. The purpose of this item is to amend Chapter 26 of City Code, which provides developers an option for obtaining a certificate of occupancy prior to completion of installation, certification, and acceptance of stormwater and drainage facilities. This amendment provides clarification as to when City of Fort Collins Page 4 this is allowable, initiates a non-refundable fee for processing and tracking the escrow, and timelines for completion of the work associated with the escrow. 6. First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road Intersection Improvements Project The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Prospect Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements will construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall of 2016. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way, permanent easements, and temporary easements from four property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. 7. Resolution 2015-033 Determining That a Single-Lane, Modern Roundabout is the Preferred Alternative for the Intersection of Lincoln Avenue and the North-South Extension of “International Boulevard.” WITHDRAWN FROM THE AGENDA The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection. This project is not a part of or within the boundaries of the recently approved Lincoln Corridor Improvement Project. 8. Resolution 2015-034 Authorizing the Purchasing Agent to Lease Additional Vehicles and Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public Financing, Inc. The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for the cost of $2,239,424 under the City’s Master Lease Agreement with Pinnacle Public Finance and the “First Amendment” to that Agreement (jointly, the “Agreement”). Quarterly Payments of $118,398 at the 2.15% interest rate will not exceed $236,796 in 2015. Money for 2015 lease- purchase payments is included and appropriated in the 2015 budget. A competitive process was used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease-purchase is in the best interest of the City given the interest rate offered for the lease. Staff believes acceptance of this lease rate is in the City's best interest. 9. Resolution 2015-035 Making an Appointment to the Northern Colorado Airport Commission. The purpose of this item is to appoint Thomas Fleming to a four year term to the Northern Colorado Regional Airport Commission (the "Commission"). The Intergovernmental Agreement ("IGA") between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a selection committee of two Councilmembers from each City to make recommendations for appointment to the Commission. END CONSENT City of Fort Collins Page 5  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Friendship City, San Cristobal, and upcoming marimba band concert. B. Homelessness Update.  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (five minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 10. Items Relating to the Appointment, Salary and Employment Contract of the City Attorney. (Janet Miller; 5 minute staff presentation; 15 minute discussion) A. Resolution 2015-036 Appointing Carrie Daggett as City Attorney and Approving the City Attorney’s Employment Agreement. B. Second Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the City Attorney. C. Administration of Oath of Office for the City Attorney. The purpose of the resolution is to appoint Carrie Daggett as the new City Attorney and to approve the employment agreement of the City Attorney. Ordinance No. 039, 2015, unanimously adopted on First Reading on March 3, 2015, establishes the 2015 salary of the City Attorney at $177,000. City of Fort Collins Page 6 11. 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. (staff: Karen Cumbo, Jeff Mihelich; 15 minute staff presentation; 60 minute discussion) 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. 12. Resolution 2015-038 Adopting the West Central Area Plan as an Element of the Comprehensive Plan of the City and Repealing the West Central Neighborhoods Plan as an Element of the City's Comprehensive Plan. (staff: Ted Shepard, Rebecca Everette, Cameron Gloss, Amy Lewin, Paul Sizemore; 10 minute staff presentation; 45 minute discussion) The purpose of this item is to adopt the West Central Area Plan (the "Plan") comprised of the neighborhoods south and west of the CSU Main Campus. Subarea plans are a key component in implementing the City Plan vision to create an overall community that is innovative, sustainable and connected. The West Central Area Plan will help citizens address a wide variety of challenges and opportunities to ensure that these neighborhoods continue to be great places to live, work, shop, learn and play. The Plan strives to provide policy, guidance and direction on three primary topics: Land Use and Neighborhood Character, Transportation and Mobility, and Open Space Networks. In addition, other subject areas include urban design, housing, community facilities, and a strategic approach to delivering effective public services. The Plan also includes new conceptual designs for Prospect Road and Lake Street (from Shields Street to College Avenue), which are intended to improve the safety and comfort of pedestrians, bicycles, buses and cars on both roadways. The Plan also considers various alternatives for making a range of improvements along Shields Street between Prospect Road and Laurel Street, including a potential grade-separated crossing. Extensive public outreach was conducted over the course of the planning process using a range of strategies. Beginning in January 2014 and concluding with an open house in March 2015, a broad range of citizens, a stakeholder committee, and various organizations have participated and contributed to the formation of the Plan. 13. Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the Comprehensive Plan of the City. (staff: Lindsay Ex, Justin Scharton; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the community has a 40-year history of protecting nature in the city and region. Nature in the City is a long-term planning effort that capitalizes on these efforts to protect and integrate nature into the community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on public and private lands.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Motion to cancel the April 7, 2015 Regular Council meeting. (Municipal Election) B. Call of Special Meeting for 6:00 p.m., Tuesday, April 14, 2015. (Organizational Meeting) City of Fort Collins Page 7  ADJOURNMENT A. Council will consider a motion to adjourn to Tuesday, March 24, 2015. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, sexual assault affects women, children, and men of all racial, cultural, and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders, and suicide; and WHEREAS, sexual assault can be devastating for not only the survivor, but also for the family and friends of the survivor; and WHEREAS, no one person, organization, agency, or community can eliminate sexual assault on their own, but we can work together to education our entire population about what can be done to prevent sexual assault, support victim/survivors and their significant others, and increase support for agencies providing services to victim/survivors; and WHEREAS, Sexual Assault Awareness Month provides an excellent opportunity for citizens to learn more about preventing sexual violence. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby declare the month of April 2015 as SEXUAL ASSAULT AWARENESS MONTH in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, the citizens of Fort Collins, Colorado, strive to practice water conservation in their homes and at work; and WHEREAS, Fort Collins Utilities offers a variety of water conservation programs, services and educational tools for adults and youth; and WHEREAS, the average home may waste up to 10,000 gallons of water every year due to running toilets, dripping faucets and other leaks; and WHEREAS, the EPA’s WaterSense program’s Fix a Leak Week encourages Americans to check household fixtures for leaks and repair any that are found; and WHEREAS, Fort Collins Utilities is a WaterSense partner and contributes to the well- being of local citizens through water efficiency, customer service, environmental protection, economic development and safety awareness. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the week of March 16-22, 2015, as FIX A LEAK WEEK in Fort Collins to urge citizens to find and fix leaks and use water efficiently. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, the Fort Collins Area Interfaith Council is recognizing outstanding contributions to the community at its Annual Appreciation and Awards Dinner on April 9, 2015; and WHEREAS, First United Methodist Church supports the outreach of the Fort Collins Area Interfaith Council by serving as host of its program “Affordable Homes for All: the Interfaith Response;” and WHEREAS, the recipients of the awards upon this occasion will offer appreciation and support to those Interfaith Council member agencies which provide affordable housing, including CARE Housing, the Fort Collins Housing Authority, Fort Collins Habitat for Humanity and Neighbor to Neighbor; and WHEREAS the Fort Collins Area Interfaith Council will be presenting awards to those individuals who have played special leadership roles in promoting affordable homes for all, including Sue Beck-Ferkiss, City of Fort Collins’ Office of Social Sustainability, Zach Penland, Program Manager of Red Tail Ponds Housing Project, and Pat Ferrier, reporter for the Coloradoan for distinguished reporting on the need for affordable housing. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim April 9, 2015 as the day for THE FORT COLLINS AREA INTERFAITH COUNCIL ANNUAL AWARDS and urge all citizens within the municipality to take note of this event. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 PROCLAMATION WHEREAS, our community believes people with intellectual and developmental disabilities belong in the community and have fundamental moral, civil and constitutional rights to be fully included and actively participate in all aspects of society; and WHEREAS, Fort Collins recognizes people with intellectual and developmental disabilities are defined by their own strengths, abilities, and inherent value, not by their disability; and WHEREAS, we recognize that people with intellectual and developmental disabilities, with appropriate resources and supports, can make decisions about their own lives and must be heard on issues affecting their lives; and WHEREAS, the City of Fort Collins is interested in the welfare of, and improving the quality of life for citizens with intellectual and developmental disabilities; and WHEREAS, the City wants to encourage businesses, individual citizens and the community-at-large to promote full inclusion for citizens with disabilities in work and recreation in the community. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the month of March 2015 as DEVELOPMENTAL DISABILITY AWARENESS MONTH in the city of Fort Collins and ask the citizens to recognize and include in all activities, all citizens with developmental disabilities. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, emergencies that require police, fire, or emergency medical services can occur at any time; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained from citizens who telephone for assistance; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services and are the single vital link for our police officers, firefighters, and paramedics by monitoring their activities, providing them with information and supporting their safety; and WHEREAS, Public Safety Dispatchers influence the quality of care for patients by providing medical pre-arrival instructions; and WHEREAS, Public Safety Dispatchers have contributed substantially to enhancing the quality of life in our community through the areas of law enforcement and public safety; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the week of April 12-18, 2015 as NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK in the city of Fort Collins in honor of the men and women whose diligence and professionalism keep our city and citizens safe. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the February 17, 2015 Regular Council Meeting and the February 24, 2015 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the February 17, 2015 Regular Council meeting and the February 24, 2015 Adjourned Council meeting. ATTACHMENTS 1. February 17, 2015 (PDF) 2. February 24, 2015 (DOCX) Packet Pg. 13 City of Fort Collins Page 47 February 17, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak ABSENT: none Staff present: Atteberry, Daggett, Nelson  AGENDA REVIEW: CITY MANAGER City Manager Atteberry noted the Mayor will be making a statement about the legal opinion requested by Council concerning the wording of the April ballot questions during Councilmember Reports. The January 20, 2015 minutes need to be corrected and will be removed from the agenda. Under Item #15, Items Relating to Marijuana Code Amendments, Ordinance No. 029, 2015, Amending City Code to Regulate Cultivation of Marijuana in Locations other than Retail Marijuana Establishments and Medical Marijuana Businesses, is removed from the agenda as it requires additional staff work and will return to Council at a later date. Item #17, Resolution 2015-024 Directing Staff and the Recruiter to Begin Negotiations Regarding the Terms and Conditions of an Employment Agreement with a Selected Candidate for the City Attorney Position has been amended to appoint two Councilmembers to begin negotiations with the identified City Attorney candidate rather than staff and the recruiter.  CITIZEN PARTICIPATION Nancy York suggested Council consider implementing a regulation that would prohibit fossil fuel fire places for aesthetic reasons. Colin Malone supported keeping the community garden in the English Ranch neighborhood, citing the fact it is a multi-generational facility and provides community benefit. Jennie Milner supported keeping the community garden in the English Ranch neighborhood. Mike Pruznick requested Council recognize the CAAT team for its work during next week’s proclamations, requested Council address the use of GPS in the West Nile issue, and discussed his contributions in the CDAC meetings. Ashley Burnham and Casey Schulenberg supported keeping the community garden in English Ranch and stated Linton Elementary has a garden club which will use a plot in the garden. Trevor Even supported the Climate Action Plan update and keeping the community garden in English Ranch. Fred Kirsch, Fort Collins Community for Sustainable Energy, discussed the need for residents to be motivated to complete energy efficiency retrofits. Packet Pg. 14 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 48 Scott Van Dalen and his daughter Annika supported keeping the community garden in English Ranch and discussed Linton Elementary's participation in the garden. Patrick Browning encouraged the formation of multiple IGAs with CSU for various topics. Sandy Lemburg encouraged Council to examine a new way to reduce plastic bag use. Ward Luthi thanked the young citizen who spoke and commended Councilmembers for their work. Additionally, he expressed concern regarding the lack of public input in the City/CSU stadium IGA issue. Jack Daniels commended the City's downtown holiday light display. Susan Harness supported keeping the community garden in English Ranch. Cheryl Distaso, Open Communities Collective, discussed findings of the Fort Collins Sustainability and Social Inclusion Research Project and encouraged Council to utilize the study. Additionally, she commented on racism in the community. Betty Aragon discussed Councilmembers' previous comments regarding the Fort Collins Sustainability and Social Inclusion Research Project. Additionally, she commented on racism in the community. Jerry Gavaldon discussed a video produced in 1993 in Fort Collins regarding racism. Thomas Edwards opposed CSU making changes to parking on Lake Street. Eric Fellers supported keeping the community garden in English Ranch.  CITIZEN PARTICIPATION FOLLOW-UP Mayor Weitkunat commended the speakers and requested a statement regarding the English Ranch garden. Jeff Mihelich, Deputy City Manager, replied members of the neighborhood, on both sides of the issue, have developed a potential compromise on the garden’s location and will be further discussing the issue. Councilmember Poppaw thanked the English Ranch residents who spoke and agreed the garden should remain at an alternate location in the park. Additionally, she thanked Councilmember Campana for his participation in the issue. Councilmember Campana commended residents for working toward a compromise on the garden issue. Councilmember Cunniff thanked the Citizens Against Asphalt Toxins group for its involvement in the asphalt plant issue and encouraged further discussions regarding Mr. Kirsch’s disclosure suggestion regarding home efficiency. Councilmember Troxell discussed the City/CSU IGA and agreed there are a number of topics which could be addressed in future agreements. Additionally, he thanked the English Ranch Packet Pg. 15 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 49 residents who spoke and supported the efforts of the Citizens Against Asphalt Toxins group in attempting a citizen initiative. Mayor Pro Tem Horak suggested the possibility of an open house to discuss the City/CSU IGA. City Manager Atteberry agreed with the suggestion and stated he would discuss possible dates and noted there will be a Council work session on February 24 regarding the topic prior to the March Council meeting. Mayor Pro Tem Horak requested a statement regarding the City’s future contracts to purchase asphalt. City Manager Atteberry replied staff will work to ensure lessons from this experience will be applied to future asphalt contracts and requests for proposal. Mayor Pro Tem Horak requested information regarding air quality concerns of outdoor wood- burning fireplaces.  CONSENT CALENDAR Councilmember Cunniff withdrew Item #10, Resolution 2015-023 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions, from the Consent Calendar. Mike Pruznick withdrew Item #2, Second Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business Customers, Item #8, First Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City-Owned Property to Loco Ventures LLC, and Item #9, Items Relating to Pineridge Natural Area Encroachments, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the minutes of the January 20, 2015 Regular Council Meeting. (Postponed to March 3, 2015) The purpose of this item is to approve the minutes from the January 20, 2015 Regular Council meeting. 2. Second Reading of Ordinance No. 014, 2015, Appropriating Unanticipated Grant Revenue from Federal Fiscal Year 2014 Federal Transit Administration Section 5307 and Section 5339 Grants for Transit Operations and Pass-Through to Partner Transit Agencies. (Adopted) This Ordinance, unanimously adopted on First Reading on February 3, 2015, appropriates funds to provide local funding in exchange for federal funding to the City’s partner transit agencies in the Transportation Management Area (TMA) - the City of Loveland, the Town of Berthoud, and the North Front Range Metropolitan Planning Organization (NFRMPO) and to increase appropriations for Transfort operations. The added appropriations for the swap arrangements amount to $668,616 and Packet Pg. 16 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 50 the added appropriations for Transfort operations amounts to $210,827 - for a total appropriation request of $879,443. All appropriations are fully funded with federal grant revenues. 3. First Reading of Ordinance No. 017, 2015, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the Equipment Fund for Electric Vehicle Charging Stations and Natural Gas Vehicles. (Adopted) The purpose of this item is to appropriate $67,920 and $12,177 in grant funds plus the local match of $16,950 and $2,435 into the Equipment fund for the purchase of two Natural Gas dump trucks and three Fleet vehicle charging stations. 4. First Reading of Ordinance No. 018, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Supplementing Construction Costs Associated with the Foothills Activity Center and to Transfer Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted) The purpose of this item is to increase 2015 appropriations in the City's General Fund by $404,000 for the purposes of supplementing construction costs of the Foothills Activity Center to transfer appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This appropriation is necessary to comply with the Second Amendment to the Foothills Mall Redevelopment and Reimbursement Agreement dated August, 2014 in which the City agreed to pay up to $400,000 of the estimated additional cost to the Activity Center. 5. First Reading of Ordinance No. 019, 2015, Amending Sections 8-106 and 8-108 of the Code of the City of Fort Collins Pertaining to Implementation and Administration of the City’s Risk Management Program. (Adopted) The purpose of this item is to modify City Code Sections 8-106 and 8-108 so that responsibilities related to the management and administration of the City’s risk management program are shifted from the City’s Purchasing Agent to the Financial Officer or his or her designee. 6. First Reading of Ordinance No. 020, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. (Adopted) The purpose of this item is to request the extension of the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 90 days. The current agreement expires March 16, 2015. City staff and Comcast representatives are in the very final stages of negotiations, anticipating mutual agreement on the final elements of the new agreement very soon. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. 7. Resolution 2015-026 Making Appointments to the Natural Resources Advisory Board and the Women's Commissions of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Luke Caldwell and Kelly McDonnell to the Natural Resources Advisory Board; and Elizabeth Donovan, Molly Alderton, and Huston Morse to the Women’s Commission. These individuals fill vacancies that currently exist on the respective commission or board, due to resignations of boardmembers and expiration of terms. Applications have been solicited from September 2014 to present. Council teams have conducted interviews from November 2014 to present.  END CONSENT Packet Pg. 17 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 51  CONSENT CALENDAR FOLLOW-UP Councilmember Overbeck suggested the possibility of including additional public input regarding Item No. 7, First Reading of Ordinance No. 020, 2015, Extending the Terms of a Non- Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City.  COUNCILMEMBER REPORTS Mayor Weitkunat noted Council has received an opinion from outside legal counsel regarding ballot language for the April tax extension measures. She stated the information is attorney- client privileged and is not subject to disclosure and noted no further action has been scheduled regarding Resolutions 2015-019 and 2015-020. City Clerk Nelson stated TABOR comments are due by Friday at 5:00 PM and submitted statements will be mailed to households on March 6, 2015. Ballots will be mailed on March 20. Councilmember Cunniff discussed the West Central Area Plan open house and reported on a meeting with the Loveland Council regarding the possibility of creating a jointly owned police training facility. City Manager Atteberry noted that item is tentatively schedule for First Reading on March 3. Councilmember Overbeck reported on the Downtown Development Authority meeting regarding the Old Town Square remodel. Additionally, he reported on the North Fort Collins Citizen Advisory Group meeting during which the possibility of developing a technology park at College and Vine was discussed. Mayor Pro Tem Horak reported on the West Central Area Plan open house and reported on the Coloradoan’s forum regarding bicycle crashes and vehicle-bicycle interactions. Mayor Weitkunat reported on the launch of a new electric vehicle program in the city, the Northern Colorado Workplace Charging Challenge.  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 8. Resolution 2015-023 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. (Adopted) The purpose of this item is to update and simplify the Rules of Procedure for Council meetings, and to clarify that certain provisions also apply to City Council work sessions. Councilmember Cunniff expressed concern regarding the time limits for public speaking aspect of this item. Eric Sutherland expressed concern regarding wrong-doing and dishonesty in the City organization. Packet Pg. 18 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 52 Nancy York stated citizens should be allowed additional time to speak, citing the importance of citizen input. Mike Pruznick suggested Council hold more public meetings should it opt to lessen public input time at regular Council meetings. Cheryl Distaso, Fort Collins Community Action Network, expressed concern regarding limiting public input time and stated comments should be allowed at the beginning of the meeting regarding late agenda items. Betty Aragon encouraged Council to allow at least three minutes for each speaker during citizen participation. Jerry Gavaldon expressed concern regarding limiting citizen participation time. Ward Luthi expressed concern regarding limiting citizen participation time and encouraged the use of neighborhood meetings rather than open houses. Mayor Weitkunat noted this item is related to conduct during citizen comment and stated the Resolution addresses time limits in a flexible way. Additionally, she noted citizens are able to address Council in multiple ways. Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt Resolution 2015-023. Councilmember Campana agreed with Mayor Weitkunat and discussed alternative means of addressing and contacting Council. Additionally, he requested staff input regarding ex parte contact. City Attorney Daggett replied development review items need to be dealt with in a special way as they are quasi-judicial proceedings should they come before Council on appeal. Councilmember Cunniff made a motion to amend the motion, seconded by Councilmember Poppaw to include adding the phrase “each speaker will generally be limited to 3 minutes, in paragraph C, section 3. Councilmember Cunniff stated this change would solidifies the current practice and make it more predictable. Councilmember Troxell argued the language, as written, allows the Mayor to use his or her best judgment to maximize citizen input. Mayor Pro Tem Horak supported Councilmember Cunniff’s suggestion, stating it would provide an expectation for the public. Mayor Weitkunat stated she would support the amendment. Councilmember Troxell stated he would support the wording of the amendment. Councilmember Campana expressed concern regarding the exclusion of a minimum time. Mayor Weitkunat and Mayor Pro Tem Horak opposed the use of minimum time language. Packet Pg. 19 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 53 Councilmembers Campana and Troxell accepted the amendment as friendly. Councilmember Troxell cited the importance of citizen participation in the overall Council process. RESULT: RESOLUTION 2015-023 ADOPTED [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  DISCUSSION ITEMS 9. Second Reading of Ordinance No. 015, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. (Adopted on Second Reading) This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 6-1 (Nays: Weitkunat) expands the City's Smoking Ordinance to include a complete smoking ban within the proposed Downtown Smoke-Free Zone, for all City-owned and operated facilities and related grounds, for all Natural Areas, Parks, and Trails, and at all City-approved special events. Laurie Kadrich, Community Development and Neighborhood Services Director, stated this presentation would address questions from First Reading, as well as recent issues regarding unintended consequences. Delynn Coldiron, Interim Neighborhood Services Manager, stated this Ordinance is designed to be self-enforcing through significant education and outreach and adequate signage. Additionally, Coldiron discussed the implementation phase of the project and unintended consequences of this Ordinance in terms of displaced smokers. Deputy Police Chief Jerry Schiager addressed Boulder, Colorado’s experience with unintended consequences of a smoking ban, including the possible effects on businesses just outside the boundaries of the ban area. Mike Pruznick expressed concern regarding the use of non-smoking citizens in enforcement and questioned why sidewalks near schools and closed vehicles with children inside are not part of a ban. He suggested the issue should be treated as a chemical and trespass issue. Ed Haynes stated liberty trumps health. Dale Mantay, Larimer County Tobacco Control Program, supported the Ordinance and stated his group will work with the City in terms of outreach and education. Councilmember Overbeck requested clarification regarding smokers in vehicles in the downtown area. Kadrich replied individuals would be able to smoke in private vehicles and residences in the zone. Councilmember Troxell asked about smoking on City golf courses. Coldiron replied many other communities do not have smoking bans on fairways. She stated signage, education and outreach efforts would be used in those instances. Packet Pg. 20 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 54 Mayor Weitkunat requested clarification regarding the inclusion of all sidewalks. Kadrich replied the Ordinance is written to address all sidewalks adjoining City-owned properties. Mayor Weitkunat requested clarification regarding the downtown smoke-free zone and the definition of “center.” Councilmember Campana state that was an easy way to include adjacent sidewalks. Mayor Weitkunat noted that definition would also include the parking areas next to sidewalks. City Attorney Daggett noted Section 4 of the Ordinance includes a specific exception for smoking in parked enclosed vehicles. Councilmember Campana asked if this Ordinance would disallow tobacco shops from being located in smoke-free zones. Coldiron replied smoking is allowed in the confines of certain tobacco shops. Councilmember Campana asked if alcohol can be sold in tobacco shops and expressed concern those types of shops may defeat the purpose of this Ordinance. Councilmember Troxell stated his support on First Reading was related to the ability to enforce the illegal consumption of retail marijuana in public spaces. He asked if this Ordinance would increase the ability to enforce those regulations. Deputy Chief Schiager replied in the affirmative, particularly in regard to e-cigarettes. City Attorney Daggett noted the Code specifically prohibits retail tobacco businesses from having a liquor license. Additionally, she noted a tobacco business in the downtown smoke-free zone would not be allowed to have smoking on its premises. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 015, 2015, on Second Reading. Mayor Pro Tem Horak encouraged a more detailed examination of possible unintended consequences regarding displaced smokers. RESULT: ORDINANCE NO. 015, 2015, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Weitkunat (Secretary's note: The Council took a brief recess at this point in the meeting.) 10. Second Reading of Ordinance No. 016, 2015, Appropriating Prior Year's Reserves in the General Fund for Lincoln Neighborhood Improvement Projects and Directing the Formation of a Neighborhood Advisory Committee. (Adopted as Amended on Second Reading) This Ordinance, adopted on First Reading on February 3, 2015, by a vote of 4-2 (Nays: Cunniff, Overbeck; Poppaw recused) appropriates revenue from the General Fund Reserves for design and construction of neighborhood projects identified in the Lincoln Corridor Plan. The Lincoln Corridor Plan was adopted by City Council in May 2014. The Plan includes a list of recommended infrastructure projects in the surrounding neighborhoods. The adopted 2015-2016 budget includes Packet Pg. 21 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 55 $556,000 to design and construct approximately half of the projects. Staff seeks appropriation of $291,000 of General Fund Reserves to complete the remaining short-/mid-term projects. Councilmember Poppaw withdrew from the discussion of this item due to a conflict of interest. Cheryl Distaso, Fort Collins Community Action Network, suggested language additions and changes to the Ordinance and requested the neighborhoods be referenced as Tres Colonias. Additionally, she suggested the advisory group be allowed to derive the project list. Jerry Gavaldon expressed concern with the use of the term “Lincoln Neighborhoods” and suggested the advisory committee be allowed to derive the project list. Betty Aragon expressed concern with the use of the term “Lincoln Neighborhoods” and stated the neighborhoods should be referenced as Tres Colonias. Additionally, she expressed concern regarding the proposed cost of the monument signs or neighborhood markers. Nancy York stated the process should be driven by individuals within the affected neighborhoods. Cheryl Glanz stated this is an opportunity for the entirety of the area’s history and residents to be represented. Mayor Weitkunat noted this is an appropriation Ordinance and does not specifically address who will be involved in the advisory group. Councilmember Overbeck asked how many members would be included in the advisory group. Karen Cumbo, Planning, Development and Transportation Services Director, replied the staff implementation team has developed a plan to include three residents from each neighborhood, for a total of nine members. She stated the initial proposal is to meet quarterly to discuss the proposed improvements. Councilmember Overbeck suggested expanding the advisory committee membership to individuals who may not live in the neighborhoods. City Manager Atteberry stated it in an unfair statement that the City has not heard, or does not care, about the comments citizens have made. He made a commitment that the City, as a learning organization, will work toward common solutions. Additionally, the City is not attempting to rename the neighborhoods and suggested the advisory group should include existing residents. Councilmember Troxell supported the Ordinance and discussed the importance of the public participation process. This is a good news item for the community. Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 016, 2015, on Second Reading, with the amendment to exclude "Lincoln" from the language. Councilmember Overbeck suggested the use of "Northside Neighborhoods." Mayor Weitkunat suggested that term may be confusing. Packet Pg. 22 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 56 City Attorney Daggett suggested not changing the Ordinance title, but changing the second whereas clause language. Councilmember Cunniff expressed concern regarding ad hoc off-cycle appropriations. Mayor Pro Tem Horak stated this item demonstrates commitment to the improvements. RESULT: ORDINANCE NO. 016, 2015, ADOPTED AS AMENDED ON SECOND READING [4 TO 2] MOVER: Gino Campana, District 3 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Campana, Troxell, Horak NAYS: Overbeck, Cunniff RECUSED: Poppaw 11. First Reading of Ordinance No. 028, 2015, Appropriating Prior Years Reserves in the General Fund for Transfer to the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted on First Reading) The purpose of this item is to appropriate partial funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. The Lincoln Corridor Plan, approved by City Council in 2014 (Resolution 2014-040), developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently proposed, the project is estimated to cost $6.5 million. This Council action appropriates $3 million from General Fund Reserves and an additional $1.106 million from the Street Oversizing Fund. $155,881 is available from previous developer Local Street Obligations along the project limits, and $2,238,119 is currently unfunded. Councilmember Poppaw withdrew from this item due to a conflict of interest. Rick Richter, Director of Infrastructure Services, introduced the item and discussed its location. Dean Klinger, Capital Projects Manager, stated the proposed improvements are based on the Lincoln Avenue Corridor Plan and detailed the funding sources. Richter stated staff will work to identify funding for the unfunded portion of the improvements by March or April and stated construction is targeted for 2016. Cheryl Distaso, Fort Collins Community Action Network, expressed concern regarding fast- tracking the Lincoln Avenue improvements and opposed certain proposed enhancements. Additionally, she suggested the implementation of a special improvement district for the area businesses. Nancy York stated Council expressed the opinion that it did not want to spend $19 million on this project at its work session. She stated the proposed improvements are too elaborate. Packet Pg. 23 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 57 Betty Aragon agreed with Ms. Distaso and Ms. York’s comments and stated only minimum enhancements should be completed. Additionally, she opposed the cost of the project. Jerry Gavaldon asked about the motivating factors behind funding these improvements. Mayor Weitkunat stated the $19.3 million is the total funding amount for the proposed roadway from Jefferson to Lemay and noted this appropriation would fund a piece of the improvements. Additionally, she noted Art in Public Places funding is part of every capital project as part of City policy. Councilmember Overbeck requested staff follow-up regarding Mr. Gavaldon's questions. Richter replied the $19.3 million was the cost to implement the plan in full as originally identified; the costs were then identified with reduced enhancements to be $13.5 - 15 million. He stated this section would improve 1st Street to Lemay and is now estimated to cost $6.5 million. Councilmember Overbeck expressed concern about the $6.5 million number being realistic and how future price increases would be accounted for. Richter noted there is a 30% contingency which helps address escalating inflation and unforeseen issues. Additionally, he noted the City has a track record of building projects within budget. Councilmember Overbeck requested information regarding the City's reserve balance. Mike Beckstead, Chief Financial Officer, replied that answer will be available in March; however he is certain the $3 million is in the reserves. Councilmember Overbeck asked about the possibility of creating a special improvement district. Beckstead replied the time it would take to implement a special improvement district, business improvement district, or general improvement district is unknown. Additionally, he noted some of those districts may not be feasible, given the way they need to be formed. Councilmember Overbeck asked about the $1.1 million from the street oversizing fund. Richter replied the street oversizing program is identified based on the entire build-out of the city. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 028, 2015, on First Reading. Mayor Pro Tem Horak stated this is a high priority for the safety of the corridor from a multi- modal perspective. Councilmember Troxell stated this item has been a high priority for citizens for quite some time. Councilmember Cunniff stated he would not support the Ordinance given concerns regarding the use of an unknown percentage of reserves. Councilmember Overbeck stated he would not support the Ordinance citing a lack of priority process. Councilmember Campana asked if there is an estimate of the total reserve fund balance. Beckstead replied the total fund balance will be approximately $71 or $72 million; however, a significant portion of that was placed in the 2015/16 budget among other assignments. Packet Pg. 24 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 58 Councilmember Campana stated he would support the Ordinance as Lincoln Avenue is a corridor within the city's core. Mayor Weitkunat stated she would support the Ordinance and the timing of the project. RESULT: ORDINANCE NO. 028, 2015, ADOPTED ON FIRST READING [4 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Campana, Troxell, Horak NAYS: Overbeck, Cunniff RECUSED: Poppaw 12. Items Relating to Marijuana Code Amendments. (Adopted on First Reading) A. First Reading of Ordinance No. 029, 2015, Amending the Code of the City of Fort Collins to Regulate Cultivation of Marijuana in Locations Other Than Retail Marijuana Establishments and Medical Marijuana Businesses.(Withdrawn from Consideration) B. First Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12-142 of the Code. C. [OPTION A] First Reading of Ordinance No. 031, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Cultivation Facilities. Or: [OPTION B] First Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. The purpose of this item is to address safety and nuisance gaps in the existing codes and to offer options for potential changes to the existing marijuana wholesale prohibition. Ordinance No. 029, 2015, amends City Code to address non-licensed growing (caregivers or personal use) in non-residential settings. It also allows for greater flexibility in determining what lighting is deemed safe for residential growing. Ordinance No. 030, 2015, prohibits the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except in a licensed facility. Ordinances Nos. 031 and 032, 2015, remove the existing prohibition on the wholesale of marijuana between licensed businesses. Option A allows sales only to City-licensed establishments; Option B is not limited to Fort Collins establishments. Packet Pg. 25 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 59 Ginny Sawyer, Policy and Project Manager, discussed the Ordinances and their effects. Mike Pruznick questioned the prohibition of flammable gases solely in this situation and suggested the use of more broad regulations. Kurt Scramstead requested Council support of the ability of retail marijuana outlets to wholesale statewide. Steve Ackerman, Organic Alternatives, supported the ability of retail marijuana outlets to wholesale statewide. City Attorney Daggett noted the Option A version of the Ordinance has two typographical errors, on in the title and one in the body of the Ordinance, both of which should include the term “product manufacturing” facilities. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 030, 2015, on First Reading. Councilmember Cunniff discussed the importance of regulations on retail marijuana. Mayor Weitkunat asked if there have been instances of fire related to these chemicals. Don Vagge, Deputy Police Chief, replied in the affirmative. RESULT: ORDINANCE NO. 030, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 032, on First Reading. Mayor Pro Tem Horak stated this item keeps Fort Collins businesses from being at a competitive disadvantage. Councilmember Troxell asked about current regulations for excess production. Vagge replied a retailer grows marijuana in its cultivation facility and then is able to sell their own product in that facility. Excess supply cannot currently be wholesaled either to other retailers in the city or statewide. Councilmember Troxell asked how many grow operations exist in Fort Collins. Vagge replied there are four licensed retail grows, as each licensed retail seller is required to have its own cultivation facility. Councilmember Troxell asked if the state Marijuana Enforcement Division has any response to this issue. Vagge replied Fort Collins is one of the few municipalities prohibiting wholesaling and noted it is not prohibited at the state level. Councilmember Troxell asked about tracking sales. Vagge replied retailers are required to track all inventory through the Marijuana Enforcement Division; however, the City does not currently Packet Pg. 26 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 60 have access to that information. He noted the state is working to allow municipalities to have access to that information. Councilmember Troxell stated he would oppose this Ordinance until the state can demonstrate its ability to enforce Amendment 64. Mayor Pro Tem Horak asked how Fort Collins tracks incoming marijuana. Vagge replied it is not tracked through the city, only through the Marijuana Enforcement Division. Mayor Pro Tem Horak suggested the Legislative Policy Committee could potentially address the issue on a state level. Councilmember Cunniff stated any excess production is often left on-site, creating a potential issue with safety. Councilmember Campana stated he would oppose the Ordinance in order to protect the city from becoming a mecca of cultivation. RESULT: ORDINANCE NO. 032, ADOPTED ON FIRST READING [4-3] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Overbeck, Poppaw, Cunniff, Horak NAYS: Weitkunat, Campana, Troxell Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to postpone Ordinance No. 031, 2015, indefinitely. RESULT: ORDINANCE NO. 031, 2015, POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 13. Resolution 2015-025 Forming an Airport Commission Selection Committee and Appointing Two Councilmembers to Serve on the Committee. (Adopted) The purpose of this item is to appoint two Councilmembers to the Airport Commission Selection Committee. The Intergovernmental Agreement (IGA) between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a committee of two Councilmembers from each City to make recommendations for appointment to the Airport Commission. Mayor Weitkunat noted this Council committee would appoint citizens to the commission. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2015-025 with Mayor Weitkunat and Councilmember Cunniff as appointees to the committee. Packet Pg. 27 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 61 RESULT: RESOLUTION 2015-025 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 14. Resolution 2015-024 Directing Staff and the Recruiter to Begin Negotiations Regarding the Terms and Conditions of an Employment Agreement with a Selected Candidate for the City Attorney Position. (Adopted) The purpose of this item is to seek direction from Council on whether staff and the executive recruiter should engage in negotiation discussions related to the terms and conditions of employment between the City and a selected candidate for the City Attorney position. Janet Miller, Human Resources, noted this item has changed in regard to the parties that will complete the negotiations. Those individuals will now be two members of Council rather than staff and the recruiter. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-024, inserting the name Carrie Daggett as the identified candidate. Mayor Pro Tem Horak discussed the interview process and expressed support for Daggett. Councilmember Campana thanked the applicants and recruiter and expressed support for Daggett. Councilmember Troxell expressed support for Daggett. Councilmember Poppaw thanked the applicants and expressed support for Daggett. Mayor Weitkunat discussed the recruitment and interview process and commended Daggett on her work. RESULT: RESOLUTION 2015-024 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Councilmember Campana made a motion, seconded by Councilmember Cunniff, to appoint Mayor Weitkunat and Mayor Pro Tem Horak to begin negotiations pursuant to Resolution 2015- 024. RESULT: ADOPTED [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Packet Pg. 28 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 62  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 15. Second Reading of Ordinance No. 012, 2015, Amending the Code of the City of Fort Collins to Modify On-Bill Utility Financing Terms and Allow for On-Bill Utility Financing of Business Customers. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on January 20, 2015, amends City Code to update and expand the on-bill financing pilot program per the recommendations reviewed by Council at the October 28, 2014 work session and subsequent November 17, 2014 Finance Committee meeting. The objective of the On-Bill Financing pilot program (also known as the Home Efficiency Loan Program) is to provide residential utility customers with low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements to support the outcomes adopted in City of Fort Collins policies and plans, such as the Climate Action Plan, Energy Policy and Water Conservation Plan. The City Code revisions adjust interest rate and fee language and add on-bill financing sections for small business customers. On First Reading, Council discussed two specific topics: increasing the maximum allowable term to twenty years (not to exceed the useful life of the improvements ) and reducing the 2015 interest rate from the proposed 4% to 2.5%. Council requested additional information regarding the financial implications of these topics which has been added to the background section. The Ordinance language has been modified to clarify the maximum term (20 years, not to exceed the measure life). Mike Pruznick requested assurance that this does not enable “slum lords” and requested assurance tenants cannot be kicked out once the property is worth more. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 012, 2015, on Second Reading. RESULT: ORDINANCE NO. 012, 2015 ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 16. First Reading of Ordinance No. 021, 2015, Authorizing the Conveyance of 93 Square Feet of City-Owned Property to Loco Ventures LLC. (Adopted on First Reading) The purpose of this item is to authorize the conveyance of 93 square feet of City-owned property to Loco Ventures LLC in order to resolve an encroachment that was a pre-existing condition on property that the City acquired in 2014 as part of the North College Improvements Project - Conifer to Willox. Mike Pruznick expressed concern regarding the calculated value of the property and requested justification for discounts. Councilmember Overbeck requested information regarding the property value. Patrick Rowe, Real Estate Services, replied the value is based on a recent appraisal used to acquire the property. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 021, 2015, on First Reading. Packet Pg. 29 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 63 RESULT: ORDINANCE NO. 021, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 17. Items Relating to Pineridge Natural Area Encroachments. (Adopted on First Reading) A. First Reading of Ordinance No. 022, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Thomas and Sandra Gerrard. B. First Reading of Ordinance No. 023, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Sharon and David Bottoms. C. First Reading of Ordinance No. 024, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Mark and Leslie Haynam. D. First Reading of Ordinance No. 025, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Barry Johnson and Jane Pollack. E. First Reading of Ordinance No. 026, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Martin and Judith Gutschenritter. F. First Reading of Ordinance No. 027, 2015, Authorizing the Conveyance of a Portion of City- Owned Property at Pineridge Natural Area to Ward and April Whicker. The purpose of this item is to resolve six encroachments on Pineridge Natural Area. Six property owners who have significant and long standing encroachments on Pineridge Natural Area are requesting that City Council approve selling them the land they are encroaching upon. While this is highly unusual and certainly not something Natural Areas would normally recommend, both Natural Areas staff and the Land Conservation and Stewardship Board are recommending approval due to the unique circumstances. Mike Pruznick expressed concern relating to property values. Councilmember Cunniff requested information regarding how long the encroachments have been in place and how the issue will be avoided in the future. Mark Sears, Natural Area Manager, replied the City has been working on monitoring its boundaries more diligently over the past few years. He stated four of the six encroachments are on parcels of land the City Natural Areas would prefer not to own at this time. One of the other parcels has had landscaping encroachments for the past twenty years and the final parcel had a fence built encroaching into City property about eight years ago. Councilmember Cunniff noted these are specific, long-standing issues and requested assurance future issues will be more quickly addressed. Sears replied the City is taking a number of proactive steps in terms of noticing encroaching properties. Mayor Pro Tem Horak asked about the fact there was no neighborhood input. Sears replied staff did not feel this was a neighborhood issue; however, there are residents who have expressed some concern regarding these ownership transfers. Mayor Pro Tem Horak asked how future homeowners are alerted to the natural area encroachment regulations. Sears replied homeowners are reminded every few years as staff sends out reminder letters. Packet Pg. 30 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 64 Mayor Pro Tem Horak suggested working with the Board of Realtors on the topic. Councilmember Overbeck asked why a more broad community process did not occur. Sears replied staff did not believe this topic rose to the level of needing neighborhood input. City Manager Atteberry noted that he, Councilmember Troxell, and John Stokes held direct conversations with property owners as well. Councilmember Troxell commended Sears and the Natural Areas staff for their work on the issues and noted these situations were thoughtfully approached. Councilmember Overbeck asked about the process moving forward should these land sales not be approved. Sears replied landowners would be given a certain amount of time to remove encroachments. Should they not remove the encroachments, the property owners would be cited and any charge to remove the encroachments would be billed to the owners. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 022, 2015, on First Reading. RESULT: ORDINANCE NO. 022, 0215 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 023, 2015, on First Reading. RESULT: ORDINANCE NO. 023, 0215 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 024, 2015, on First Reading. RESULT: ORDINANCE NO. 024, 0215 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 025, 2015, on First Reading. Packet Pg. 31 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 65 RESULT: ORDINANCE NO. 025, 0215 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 026, 2015, on First Reading. RESULT: ORDINANCE NO. 026, 0215 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Overbeck Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 027, 2015, on First Reading. RESULT: ORDINANCE NO. 022, 0215 ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Poppaw, Campana, Troxell, Cunniff, Horak NAYS: Overbeck EXTENSION OF MEETING Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the meeting past 10:30 p.m. RESULT: MOTION TO EXTEND THE MEETING ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn until the conclusion of the work session on Tuesday, February 24, 2015, so that the Council may consider a possible Executive Session as well as additional business that may come before the Council. Packet Pg. 32 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) February 17, 2015 City of Fort Collins Page 66 RESULT: MOTION TO ADJOURN TO FEBRUARY 24, 2015, ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak The meeting adjourned at 10:43 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 33 Attachment1.1: February 17, 2015 (3017 : Minutes-2/17, 2/24) City of Fort Collins Page 1 February 24, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 9:05 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Nelson 1. Executive Session Authorized Councilmember Horak made a motion, seconded by Councilmember Cunniff, to adjourn into executive session for the purpose of meeting with the City Attorney and other attorneys for the City, City Manager and other affected members of the City staff to discuss specific legal questions related to litigation or potential litigation as permitted under Section 2-31 (a)(2) of the City Code and Colorado Revised Statue Sections 24-6-402(4b). RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak (Secretary's note: Councilmember Poppaw left the meeting at 9:06 p.m.) (Council adjourned into executive session and returned at 10:08 p.m.)  ADJOURNMENT Councilmember Horak made a motion, seconded by Councilmember Cunniff, to adjourn the meeting to 4:00 p.m., Friday, February 27, 2015, to discuss any items that may come before the Council. RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak AWAY: Poppaw The meeting adjourned at 10:08 p.m. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 34 Attachment1.2: February 24, 2015 (3017 : Minutes-2/17, 2/24) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Jennifer Hensley, Finance Coordinator Matt Robenalt, Executive Director SUBJECT Items Relating to the Downtown Development Authority. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. B. Second Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. These Ordinances, unanimously adopted on First Reading on March 3, 2015, appropriate certain unanticipated revenues and reappropriate certain funds previously committed for projects and programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, appropriates $63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, appropriates unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate previously committed project funds in the amount of $438,611 for use in the Old Town Square Renovation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (PDF) 2. Ordinance No. 033, 2015 (PDF) 3. Ordinance No. 034, 2015 (PDF) Packet Pg. 35 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 3, 2015 City Council STAFF Matt Robenalt, Executive Director Jennifer Hensley, Finance Coordinator SUBJECT Items Relating to the Downtown Development Authority. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 033, 2015 Appropriating Unanticipated Tax Increment Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. B. First Reading of Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. The purpose of this item is to appropriate certain unanticipated revenues and reappropriate certain funds previously committed for projects and programs under the Downtown Plan of Redevelopment. Ordinance No.033, 2015, will appropriate $63,205 in unanticipated revenue for use in the Old Town Square Renovation. This ordinance also includes the repayment of the 2015 Revolving Line of Credit Draw #2, in the amount of $63,205 from the Downtown Development Authority Debt Service Fund. Ordinance No. 034, 2015, will appropriate unanticipated revenue from interest earnings in the amount of $29,220, and will also reappropriate previously committed project funds in the amount of $438,611 for use in the Old Town Square Renovation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The Downtown Development Authority (the "DDA") was created in 1981 with the purpose, according to State statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. In order to carry out the purposes of the State statute and the Plan of Development, the City, on behalf of the DDA, has issued various notes and tax increment bonds. The first issuance of tax increment bonds and/or notes occurred in 1984 with subsequent issues through 2012. A. Ordinance No. 033, 2015, 2015 Appropriating Unanticipated Tax Increment Revenues in the Fort Collins, Colorado Downtown Development Authority Fund for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. Within the 2015 budgeting process, the DDA Board and City Council adopted a Revolving Line of Credit (“Line of Credit”) draw of up to $1,000,000. The purpose of the Line of Credit established by the City of Fort Collins on behalf of the DDA by Ordinance No. 089, 2012 is to satisfy the statutory requirement for expending revenues received in the Tax Increment Fund for debt service. The DDA and City have agreed that the Line of ATTACHMENT 1 Packet Pg. 36 Attachment2.1: First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (3005 : SR 033 034 DDA Appropriations) Agenda Item 8 Item # 8 Page 2 Credit will be used only for the purposes of expending tax increment revenues that are available in the Tax Increment Fund in the respective calendar year, thus achieving $0.00 balance owed on the Line of Credit at the end of each year. The DDA will receive additional tax increment revenue in 2015 above amounts previously forecasted during the annual budgeting process that occurred in late 2014. The Board of Directors desires to appropriate those additional revenues in the amount of $63,205 to the Old Town Square Renovation Project. B. Ordinance No. 034, 2015, Appropriating Unanticipated Revenue from Interest Earnings and Reappropriating Existing Project Funds for Expenditure on Projects and Programs in Accordance with the Downtown Plan of Development. Over the past year, proceeds from DDA revenues that have not been spent have accumulated interest earnings. These funds need to be appropriated for expenditure. The amount of interest earnings to be used at this time is $29,220. The DDA Board desires the appropriation of these interest earnings for use in the Old Town Square Renovation. Also, the DDA Board desires to re-appropriate remaining funds previously appropriated for the Downtown River District Improvements - Jefferson St. Project in the amount of $438,611. Originally approved by the DDA in 2009 and appropriated by Council in 2012, these funds are not currently being utilized by the City and Colorado Department of Transportation in an active construction project. The DDA’s committed amount of $438,611 is insufficient to finance the full scope of improvements envisioned for Jefferson Street, and further financing discussions and funding solutions are necessary before the City and Colorado Department of Transportation can advance the Jefferson Street improvements The DDA Board desires to utilize the available funds from the Downtown River District Improvement - Jefferson St. Project in 2015 for capital improvements associated with the Old Town Square Renovation, and then refund the project commitment with uncommitted tax increment revenues that will be realized in 2016. These uncommitted revenues are being realized in part from the DDA Board of Director’s policy to contribute less than the full tax increment stream produced by a public/private project and thus preserve a portion of the tax increment stream for other public capital projects, such as the Old Town Square Renovation. CITY FINANCIAL IMPACTS The DDA Board has authorized expenditure on the following projects and programs which will be funded with this appropriation: Unanticipated Revenue 63,205 Interest Earnings 29,220 Reappropriation of Downtown River District Improvements - Jefferson St. Project Funds 438,611 Old Town Square Renovation $531,036 BOARD / COMMISSION RECOMMENDATION At its February 12, 2015 meeting, the Downtown Development Authority Board of Directors adopted Resolution 2015-02 authorizing the appropriation of funds as stated above. (Attachment 3) All approvals by the DDA Board are contingent upon City Council appropriation of these funds to fulfill the DDA’s commitment to the projects and programs. ATTACHMENTS 1. DDA Boundary map (PDF) 2. DDA minutes, February 12, 2015 (draft) (PDF) 3. DDA Resolution 2015-02 (PDF) Packet Pg. 37 Attachment2.1: First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (3005 : SR 033 034 DDA Appropriations) - 1 - ORDINANCE NO. 033, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED TAX INCREMENT REVENUES IN THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY FUND FOR EXPENDITURE ON PROJECTS AND PROGRAMS IN ACCORDANCE WITH THE DOWNTOWN DEVELOPMENT PLAN WHEREAS, the Fort Collins, Colorado Downtown Development Authority (the “DDA”) has been duly organized in accordance with C.R.S Section 31-25-804; and WHEREAS, on October 9, 2014, the DDA Board of Directors (the “DDA Board”), acting under the provisions of C.R.S. 31-25-816, adopted a budget for the fiscal year beginning January 1, 2015 which included appropriation of the 2015 Line of Credit Draw (the “2015 LOC Draw”), and determined the mill levy necessary to provide for payment during fiscal year 2015 of properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, on November 4, 2014, the City Council adopted on second reading Ordinance No. 139, 2014 appropriating for expenditure from the 2015 LOC Draw the sum of up to $1,000,000 to be used in accordance with DDA Resolution 2014-03; and WHEREAS, on November 14, 2013 the DDA Board adopted a $3,000,000 budget for the Old Town Square Renovation; and WHEREAS, on February 12, 2015 the DDA Board amended the budget for the Old Town Square Renovation to $3,900,000; and WHEREAS, also on February 12, 2015, the DDA Board, by Resolution 2015-01, recommended to the City Council the appropriation of $63,205 from the 2015 LOC Draw to be used to finance DDA projects or programs in accordance with the DDA Plan of Development including the Old Town Square Renovation and annual line of credit financing cost; and WHEREAS, it is the desire of the City Council to appropriate the sum of $63,205 in the DDA Debt Service Fund for the fiscal year beginning January 1, 2015 and ending December 31, 2015, to be for the 2015 LOC Draw; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the appropriation of the unanticipated revenue as described herein will not cause the total amount appropriated in the DDA Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year. Packet Pg. 38 Attachment2.2: Ordinance No. 033, 2015 (3005 : SR 033 034 DDA Appropriations) - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That there is hereby appropriated for expenditure from the 2015 LOC Draw the sum of up to SIXTY THREE THOUSAND TWO HUNDRED FIVE DOLLARS ($63,205), to be used to finance DDA projects or programs in accordance with the DDA Plan of Development including the Old Town Square Renovation and annual line of credit financing cost. Section 2. That there is hereby appropriated for expenditure from the Downtown Development Authority Debt Service Fund the sum of SIXTY THREE THOUSAND TWO HUNDRED FIVE DOLLARS ($63,205) for payment on the 2015 LOC Draw. Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2015, and to be presented for final passage on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 39 Attachment2.2: Ordinance No. 033, 2015 (3005 : SR 033 034 DDA Appropriations) - 1 - ORDINANCE NO. 034, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE FROM INTEREST EARNINGS AND REAPPROPRIATING EXISTING PROJECT FUNDS FOR EXPENDITURE ON PROJECTS AND PROGRAMS IN ACCORDANCE WITH THE DOWNTOWN PLAN OF DEVELOPMENT WHEREAS, on April 21, 1981, the City adopted Ordinance No. 46, 1981, establishing the Fort Collins, Colorado Downtown Development Authority (the “DDA”); and WHEREAS, the DDA’s Plan of Development was approved by the City Council of the City on September 8, 1981, and established the purpose of the DDA and the types of projects and programs in which the DDA would participate; and WHEREAS, bond proceeds from 2008 through 2012 have accrued interest earnings in the amount of $29,220; and WHEREAS, DDA and City staff have identified previously committed project funds in the amount of $438,611 which are currently available and are not needed in 2015 for the planned project; and WHEREAS, on February 12, 2015, the Board of Directors of the DDA voted to recommend to the City Council of the City the appropriation of the above-referenced interest earnings and previously committed project funds for expenditure on the Old Town Square Renovation; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the appropriation of the unanticipated revenue as described herein will not cause the total amount appropriated in the DDA Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from reserves in the DDA Fund the sum of FOUR HUNDRED SIXTY SEVEN THOUSAND EIGHT HUNDRED THIRTY-ONE DOLLARS ($467,831) to be used for the Old Town Square Renovation Project. Packet Pg. 40 Attachment2.3: Ordinance No. 034, 2015 (3005 : SR 033 034 DDA Appropriations) - 2 - Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2015, and to be presented for final passage on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 41 Attachment2.3: Ordinance No. 034, 2015 (3005 : SR 033 034 DDA Appropriations) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Susan Smolnik, Water Resources Engineer Beth Molenaar, Water Resources Engineer SUBJECT Second Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 3, 2015, sets rates and charges for the rental and delivery of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other water users. On First Reading, the agenda item summary (AIS) indicated that the typical rental rate per Water Supply and Storage Company (WSSC) share is $1,600 over the annual assessment per share. However, this was a typographical error as the typical rental rate per WSSC share is $600 over the annual assessment per share. This has been corrected in the ordinance. The resultant rental rate per WSSC share is still $3,500 per share, as indicated in the AIS on First Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (PDF) Packet Pg. 42 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 3, 2015 City Council STAFF Susan Smolnik, Water Resources Engineer Beth Molenaar, Water Resources Engineer SUBJECT First Reading of Ordinance No. 035, 2015, Establishing Rental Rates and Delivery Charges for Use of the City's Raw Water for the 2015 Irrigation Season. EXECUTIVE SUMMARY The purpose of this item is to obtain Council approval of rates and charges for the rental and delivery of the Utilities raw water supplies. These rates are used to invoice agricultural, contractual and other water users. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is a shareholder in several local irrigation companies and holds allotment contracts for the delivery of Colorado Big-Thompson (CBT) water. The Utilities manages these assets. The main use for these raw water sources is in the treatment and delivery of potable water for the Utilities’ ratepayers. There are also delivery obligations to provide raw water for use by HOAs, the school district, and several City departments. After these treated and raw water demands have been met, in most years there is surplus water that can be rented to other water users. Staff is proposing two categories for pricing raw water. The first category, rental rates, is used to set prices for surplus water for use outside of the City or persons which have not been deemed to have satisfied the City’s raw water requirement. Raw water rental sources are typically in demand and there are active rental markets. The second category, delivery charges, sets prices for sources where the Utilities has an obligation to provide raw water for persons which have been deemed to have satisfied the City’s raw water requirement which is used to irrigate HOA greenbelts, Poudre School District’s fields and the City’s parks, golf courses, and cemeteries. Each year prior to the irrigation season and after irrigation companies have established their annual assessments, the City Council approves the rental rates and delivery charges for the use of the Utilities’ raw water for that irrigation season. Staff then uses these rates and charges for invoicing purposes. The attached tables show the assessment rates as set by the irrigation companies and the raw water rates charged by the Utilities for 2012 through 2014 as well as proposed rates for 2015.  ACTIVE RENTAL MARKETS FOR SURPLUS RAW WATER North Poudre Irrigation Company (NPIC) Rental Rates-The Utilities expects to have surplus NPIC water that can be made available for rent. Each share of NPIC has an agricultural (Ag) component and a multiple use (MU) component. The amount of water ATTACHMENT 1 Packet Pg. 43 Attachment3.1: First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (3006 : SR 035 Raw Water Rates) Agenda Item 9 Item # 9 Page 2 for each component varies annually and is set in April by the NPIC Board of Directors based on the company’s water supply availability. Due to current legal constraints, the Ag component can only be used on land served by the NPIC system and is rented to shareholders under that system. The MU portion of each NPIC share is available for the Utilities' use and is largely comprised of NPIC-owned CBT water. When users under the NPIC system rent either Ag or MU water, it is delivered through the North Poudre system in the same manner. Therefore, it is proposed that both types of water be rented at the same rate per acre-foot. In some years there is a special class of NPIC water available for agricultural users for a very limited time early in the irrigation season. If this Early Ag water is available in 2015, staff proposes a rental rate of $15 per acre- foot to reflect its limited use. This year, in order to ensure that the assessment costs are fully paid by the renter, it is proposed that the rate for the Ag or MU water be set using a formula that incorporates the NPIC annual assessment on each share of stock (set at $200 for 2015) and the allocation of water to each share. The rental rate per acre-foot will be equal to the assessment divided by the sum of the April allocation of MU and Ag water plus a $2.00 per acre- foot administration fee and then rounded up to the nearest dollar. The actual rate will not be known until the after the allocation is made in early April. Setting the Ag and MU rental rate by using a formula is a departure from the usual approach of setting a fixed rate. Table 4A compares the calculated rates to the Council-set rates for the years 2011 through 2014. In most years, the two rates differ by only a few dollars. The exception is 2013 where the calculated rate would have been $42.00 and the Council-set rate was $30.00. It should be noted that in 2013 not many NPIC rentals were made due to the low storage levels in the CBT system. Table 4B provides a possible range of calculated 2015 rental rates using the assessment of $200.00 with different potential allocations. Procedures-The Utilities will continue to use a proportionate allocation method based on the requester’s acreage, as has been done in past years. This allocation method uses information provided by potential renters about their total land holdings served under the NPIC system. These requesting acreages are then added together and are divided into the total volume of City-owned NPIC water determined to be available for rent in a given year. This acre-foot per acre ratio is then applied to each of the requesters’ land holdings to determine the maximum amount of rental water available for each requester. Colorado Big Thompson Water (CBT) Rental Rate-The Utilities receives CBT water under allotment contracts with the Northern Colorado Water Conservancy District (Northern) and through its ownership of NPIC stock as discussed above. To use the CBT water from its NPIC stock, the MU portion of the share is transferred as CBT water into the Utilities’ CBT account. In the past, the Utilities paid nominal fees for these transfers under Northern’s rules. Beginning in 2015, Northern will assess modified transfer fees that will be based on various factors. The result of the modified transfer fees is that the City will be assessed more money for such transfers. Given this cost, CBT water will only be transferred from the NPIC system on an “as needed” basis. However, this CBT water can be rented if the renter is willing to pay all associated transfer fees. Staff recommends that rentals of CBT water be made at a rate equal to the calculated NPIC Ag and MU rate plus the cost of any transfer fees associated with the rental. Procedures -Utilities will first meet the CBT delivery obligations to City departments and other entities with delivery agreements. Any available surplus CBT water will then be offered to water users on the ditches that run through town. These ditches, known collectively as the “Southside Ditches”, include the Arthur, New Mercer, Larimer No. 2, and Warren Lake Reservoir. The Pleasant Valley Lake Canal (PVLC) is also included in this group. Surplus CBT water will next be made available to other Poudre Basin water users. Finally, in the event that any surplus CBT water remains, it will be offered to others within the entire Northern District. Water Supply and Storage Company (WSSC) Rental Rates-The decreed use of the Utilities-owned WSSC shares remains irrigation at this time and is rented to shareholders under that system. This has been an active rental market and the typical rental rate of a Packet Pg. 44 Attachment3.1: First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (3006 : SR 035 Raw Water Rates) Agenda Item 9 Item # 9 Page 3 WSSC share is $1,600 over assessments. It is recommended that this formula is used to calculate the WSSC share rental rate. Using this formula in 2015, the resultant rental rate is $3,500 per share. Procedures- Shares will be offered via lottery as in past years. Reusable Sources The Utilities occasionally has rental demand for reusable sources to satisfy State requirements for substitute water supply and augmentation plans. The Utilities’ primary reusable sources are Joe Wright Reservoir water and reusable effluent from the Utilities’ water reclamation facilities, but may include water from the newly constructed Rigden Reservoir this year. It is proposed that the rental rate for these sources be set at $600 per acre-foot for 2015.  RAW WATER DELIVERY AGREEMENTS PVLC and the Southside Ditches Delivery Charges This category sets charges for water used on City facilities, such as parks and golf courses, or water used by other entities that have met the raw water requirements. Non-City entities with raw water delivery agreements are mostly HOAs and the Poudre School District. It is proposed that the charges be set at 10% above the irrigation companies’ annual assessments per share. This is to help offset the Utilities’ administrative costs. Reusable Water Delivery Charges The Utilities has delivery obligations for reusable water where the Utilities’ raw water requirement has been met. For these obligations, it is proposed that a fee of $120 per acre-foot be charged to help offset operational and administrative costs. CITY FINANCIAL IMPACTS The revenue from the Utilities’ rental and delivery of raw water is expected to be approximately $400,000 for 2015. The revenues generated by the rentals helps to off-set the annual cost of raw water ownership. BOARD / COMMISSION RECOMMENDATION At its February 19, 2015 meeting, the Water Board unanimously voted to recommend adoption of the formulas and fixed rates for the 2015 rental rates and delivery charges. PUBLIC OUTREACH Announcements were made at NPIC and WSSC irrigation company annual meetings regarding the availability of rental water and the processes for making requests. ATTACHMENTS 1. Proposed Rates and Charges (PDF) 2. Raw Water Assessments (PDF) 3. Raw Water Rates and Charges 2012-2015 (PDF) 4. NPIC Rental Rate Comparisons (PDF) 5. Sustainability Assessment Summary (PDF) 6. Water Board minutes, February 19, 2015 (draft) (PDF) Packet Pg. 45 Attachment3.1: First Reading Agenda Item Summary, March 3, 2015 (w/o attachments) (3006 : SR 035 Raw Water Rates) - 1 - ORDINANCE NO. 035, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING RENTAL RATES AND DELIVERY CHARGES FOR USE OF THE CITY’S RAW WATER FOR THE 2015 IRRIGATION SEASON WHEREAS, pursuant to Article XII, Section 4 of the City Charter, if at any time the water supply is greater than the immediate needs of the City and its inhabitants, the City Council may authorize the City Manager to permit the use of such surplus water by consumers outside the City at such rates as the City Council may prescribe, provided that no vested right shall accrue under such permits; and WHEREAS, pursuant to Article XII, Section 6 of the City Charter, the City Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees, or charges for water furnished by the City as will produce revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities; and WHEREAS, the Water Board discussed the rental program and the rates on February 19, 2015 and recommended that the rental rates and delivery charges set forth herein be prescribed; and WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding rental rates of surplus raw water for the 2015 irrigation season, as set forth in the following table, to be made available to persons outside the City or persons which have not been deemed to have satisfied the City’s raw water requirements; and RATES FOR RENTALS OF SURPLUS RAW WATER Type of Water Rate Per Acre Foot North Poudre Irrigation Company (NPIC): Early Agricultural Use Water $15.00 per acre foot NPIC: Seasonal Agricultural Use and Multiple Use Water (Annual Assessment for 2015 of $200.00 per share / (Sum of Allocation of Seasonal Agricultural Use and Multiple Use Water per share)) + $2.00 per acre foot Colorado-Big Thompson Water from the Northern Colorado Water Conservancy District (NCWCD) Rate for NPIC: Seasonal Agricultural Use and Multiple Use Water + any NCWCD transfer fees calculated at the time of transfer Reusable Sources $600.00 per acre foot Type of Water Rate Per Share Water Supply and Storage Company Annual Assessment for 2015 + $1,600.00 share Packet Pg. 46 - 2 - WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding raw water delivery charges for the 2015 irrigation season, as set forth in the following table, to be made available to persons deemed to have satisfied the City’s raw water requirements; and RAW WATER DELIVERY CHARGES Type of Water Rate Per Share Arthur Irrigation Company 110% of Annual Assessment for 2015 Larimer County Canal No. 2 Irrigating Company 110% of Annual Assessment for 2015 New Mercer Ditch Company 110% of Annual Assessment for 2015 Pleasant Valley and Lake Canal Company 110% of Annual Assessment for 2015 Warren Lake Reservoir Company 110% of Annual Assessment for 2015 Sherwood Reservoir Company 110% of Annual Assessment for 2015 Sherwood Irrigation Company 110% of Annual Assessment for 2015 Type of Water Rate Per Acre Foot Reusable Sources $120.00 per acre foot WHEREAS, the rental rates and delivery charges in the above tables will be rounded to the nearest dollar, when necessary; and WHEREAS, the rental rates and delivery charges in the above tables will be adjusted by City staff, as necessary, to reflect the remaining yield or the prevalent market price of the water or shares being rented in order to prevent undue economic loss to the City; and WHEREAS, City Council finds that the rates set forth herein are appropriate and will provide revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the rental rates and delivery charges set forth above are hereby approved as the City’s rental rates and delivery charges for the 2015 irrigation season and the City Manager and the Utilizes Executive Director are authorized to rent or deliver such raw water to eligible water users at the rental rates and delivery charges set forth above. Packet Pg. 47 - 3 - Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2015, and to be presented for final passage on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 48 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Ellen Switzer, Utilities Financial Operations Manager Carol Webb, Regulation & Govt Affairs Manager Jon Haukaas, Water Engr Field Operations Mgr SUBJECT First Reading of Ordinance No. 041, 2015, Appropriating Reserves in the Wastewater Fund for the Replacement of Two Damaged Trucks. EXECUTIVE SUMMARY The purpose of this item is to appropriate $272,794 in Reserves in the Wastewater Fund to replace two damaged trucks. In 2014, $222,794 in unanticipated revenue was received from the Risk Management Fund and from insurance proceeds to compensate the Wastewater Utility for two trucks that were totaled in separate accidents. The $222,794 in unanticipated revenue contributed to increased Wastewater Reserves at year-end 2014 in this same amount. Due to the cost of replacing one of the trucks, an additional $50,000 is to be appropriated from the Wastewater Utility Capital Outlay Reserve which is reserved for equipment purchases. The Capital Outlay Reserve currently totals $657,300. The 2015 supplemental appropriation will be used to replace both trucks. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Two trucks owned by the Wastewater Utility were involved in two separate accidents during the summer and fall of 2014. In each accident, the truck was totally destroyed. One of the trucks was utilized by the Wastewater Field Services Division and the other by the Water Reclamation and Biosolids Division. In December 2014, the Wastewater Utility Fund received payments from both the Risk Management Fund ($195,000) and the insurer ($27,794) as compensation for the loss of the two vehicles. Both vehicles need to be replaced in 2015 to maintain ongoing operations in the two divisions. In addition to the reimbursements from Risk Management and the insurer, an additional $50,000 is required to replace one of the trucks and to install the dump body and needed accessories. CITY FINANCIAL IMPACTS Wastewater Field Services has received reimbursement for $97,500 in reimbursements. The cost of the replacement vehicles is approximately $150,000. In addition to the reimbursements an additional appropriation of $50,000 is requested from the Wastewater Capital Outlay Reserve. The Capital Outlay Reserve currently totals $657,300. Thee Water Reclamation and Biosolids Division received $125,294 in reimbursements. The cost of the replacement truck is $128,406. The additional funding required will come from the existing 2015 budget. Packet Pg. 49 Agenda Item 4 Item # 4 Page 2 PUBLIC OUTREACH This item was not related to policy and was not addressed by the Water Board. Packet Pg. 50 - 1 - ORDINANCE NO. 041, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE WASTEWATER FUND TO FUND THE REPLACEMENT OF TWO DAMAGED TRUCKS WHEREAS, unanticipated revenue was received in 2014 from the Risk Management Fund and from insurance proceeds of $222,794 to compensate the Wastewater Utility for two damaged trucks that were totaled in separate accidents in 2014; and WHEREAS, this unanticipated revenue contributed to increased Wastewater Reserves at year end 2014 in this same amount; and WHEREAS, Utilities is proposing to replace these vehicles for a total cost of $278,406 in 2015 to maintain ongoing operations; and WHEREAS, Utilities is requesting $272,794 from the Wastewater Fund Reserves for these purchases of which $222,794 is from unanticipated revenue from 2014 that rolled into reserves and $50,000 is being requested to be appropriated from the Wastewater Capital Outlay Reserve; and WHEREAS, the remainder of the required funding of $5,612 will come from existing 2015 budgets; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the Wastewater Fund the sum of TWO HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY -FOUR DOLLARS ($272,794) to be used for the purchase of two vehicles to benefit the citizens of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 51 - 2 - Passed and adopted on final reading on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 52 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 042, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify the Conditions Under Which a Development May Defer Stormwater and Drainage Facility Requirements to Obtain a Certificate of Occupancy by Providing Certain Escrows as Assurance of Completion. EXECUTIVE SUMMARY The purpose of this item is to amend Chapter 26 of City Code, which provides developers an option for obtaining a certificate of occupancy prior to completion of installation, certification, and acceptance of stormwater and drainage facilities. This amendment provides clarification as to when this is allowable, initiates a non-refundable fee for processing and tracking the escrow, and timelines for completion of the work associated with the escrow. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff believes that this amendment will provide needed clarifications in the Code. It will also institute timelines that are necessary to ensure that stormwater and drainage facilities are constructed in a timely fashion. This amendment will create revenue in order to cover the costs associated with handling Stormwater escrows. BACKGROUND / DISCUSSION City Code Chapter 26-544 currently allows for the approval of subdivisions and construction on parcels within the City once sufficient information has been provided and reviewed by the Utility. The applicant may proceed once “acceptable assurance that such facilities will be constructed” has been received in the form of an escrow deposit. This amendment initiates a non-refundable fee for processing and tracking the escrow and timelines for completion of the work associated with the escrow. This amendment is necessary to allow for a fee to cover City costs of handling Stormwater escrows and to ensure that stormwater facilities are installed within a reasonable timeframe. Historically, Stormwater escrows have been accepted with no formal procedure in cases where construction cannot be completed prior to the date certificate of occupancy is needed due to circumstances, such as frozen ground. As a result, City staff has spent time processing and tracking these escrows. As well, there has not been a timeline for fulfilling the requirements of the escrow; therefore, multiple escrows have stayed on the books for many years without the required work being completed and no mechanism for the City to apply those escrowed funds to complete the required facilities. This amendment establishes a non-refundable fee to help cover the cost of the time City staff spends processing and tracking these escrows. Additionally, it establishes a reasonable timeline (180 days) for the Packet Pg. 53 Agenda Item 5 Item # 5 Page 2 completion of construction, certification, and acceptance of the stormwater and drainage facilities being escrowed. The escrowing party will receive multiple notices of this timeline before the escrow will be forfeited and alternative means of installing the facilities can be sought. The escrowing party will be notified in writing on the escrow receipt as well as at the expiration of 180 days, when they will be given a final 60 days to comply before escrow forfeiture. CITY FINANCIAL IMPACTS There are no negative financial impacts expected from this policy. A positive financial impact will be establishment of a fee collected to help cover the administrative costs associated with City staff administering and tracking Stormwater escrow compliance. BOARD / COMMISSION RECOMMENDATION At its February 19, 2015 meeting, the Water Board voted unanimously to recommend the City Council adopt the Ordinance amending Chapter 26 of City Code to clarify conditions under which a development may defer stormwater installation requirements to obtain a Certificate of Occupancy for up to 180 days by providing certain escrows as assurance of completion. PUBLIC OUTREACH Local developers and engineering firms were consulted on the details of the procedure to ensure it met the needs of the City and other effected stakeholders. ATTACHMENTS 1. Water Board minutes, February 19, 2015 (PDF) Packet Pg. 54 DRAFT Water Board Minutes February 19, 2015 1 Fort Collins Utilities Water Board Minutes Thursday, February 19, 2015 Excerpt Stormwater Escrow Policy (Attachments available upon request) Civil Engineer Dan Mogen of the Stormwater Department provided a PowerPoint presentation. The Water Board was also provided, prior to the meeting, an agenda item summary, draft ordinance, and several draft certification and receipt documents for residential and commercial properties. City Code currently has language allowing for the City to grant a Certificate of Occupancy (CO) if given an “acceptable assurance” that the necessary stormwater facilities will be constructed as soon as possible. For some properties, cold temperatures and frozen ground do not allow for completion of all stormwater facilities at the site even if all other aspects of the project have been completed. The City has historically accepted escrow payments without any formal written policy, fee, or timeline for completion of the stormwater projects. This agenda item is to formalize and improve upon this historical policy. Mr. Mogen thought that about 10% of development projects require this type of escrow for delayed completion of stormwater facilities, with about 180 escrow accounts in 2014 and 25 escrow accounts so far in 2015. Additional details of this agenda item were provided in the summary and related materials. Discussion: A board member inquired about the two payment structures provided in the PowerPoint presentation. Mr. Mogen and Mr. Haukaas clarified that the formulaic payment structure was for multi-lot development sites while the fixed payments were for individual lots. A board member inquired about the purpose of visual inspections by City staff. Mr. Mogen and Mr. Haukaas responded that an engineer certification would still be required at the site, but that the City visual inspection would be an informal check on the completion of planned stormwater facilities at the site. Motion: Board Member Michael Brown moved that the Water Board approve the Stormwater Escrow Procedure, and recommend that City Council approve the Ordinance amending Chapter 26 of City Code to clarify conditions under which a development may defer stormwater installation requirements to obtain a Certificate of Occupancy for up to 180 days by providing certain escrows as assurance of completion.| Board Member Alex Maas seconded the motion. It passed unanimously. ATTACHMENT 1 Packet Pg. 55 Attachment5.1: Water Board minutes, February 19, 2015 (2995 : Chapter 26 - Stormwater Escrow requirements) - 1 - ORDINANCE NO. 042, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY THE CONDITIONS UNDER WHICH A DEVELOPMENT MAY DEFER STORMWATER AND DRAINAGE FACILITY REQUIREMENTS TO OBTAIN A CERTIFICATE OF OCCUPANCY BY PROVIDING CERTAIN ESCROWS AS ASSURANCE OF COMPLETION WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the Fort Collins City Charter to fix, establish, maintain, and provide for the collection of such rates, fees, or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses, and other obligations of the Water Utility; and WHEREAS, Section 26-544 of the City Code allows the Utilities Executive Director to approve plans for stormwater and drainage facilities associated with subdivisions and building permits, and for an applicant to proceed with construction subject to furnishing the City acceptable assurance that such facilities will be constructed and installed as approved; and WHEREAS, pursuant to Section 26-544 of the City Code, the Water Utility has accepted certain escrows in cases where stormwater and drainage facility construction cannot be completed prior to the date a Certificate of Occupancy is needed due to circumstances such as frozen ground; and WHEREAS, the process for administering stormwater and drainage escrows has not been codified, leading staff to spend time processing and tracking escrows, and uncertain expectations for developers as to the timeline to certify completion of escrow requirements; and WHEREAS, on February 19, 2015, Water Utility staff presented to the Water Board amendments to the City Code to update the conditions under which a development may deposit an escrow in order to defer installation of stormwater and drainage facilities, creating a deadline of 180 days by which certified completion of such facilities must be provided; and WHEREAS, the Water Board voted unanimously to recommend the City Council approve the proposed amendments to Chapter 26 of City Code, which clarify the conditions under which a developer may deposit an escrow in order to obtain a Certificate of Occupancy and defer stormwater and drainage requirements for up to 180 days; and WHEREAS, the City Council desires to continue and clarify the process for allowing developers to provide an escrow as assurance of completion of stormwater and drainage requirements, and thereby obtain a Certificate of Occupancy prior to completion of installation, certification, and acceptance of such facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 56 - 2 - Section 1. That the City Council finds that amending Chapter 26 of the City Code to update the procedures for collecting, releasing, and applying stormwater and drainage facility escrows is in the best interest of Water Utility ratepayers and the City. Section 2. That Section 26-544 of the City Code shall be amended to read as follows: Sec. 26-544. Stormwater facilities required for subdivisions. (a) Prior to the final approval of the plat of any subdivision, or prior to commencement of construction upon any lot or parcel of land for which a drainage report and construction plan for the installation of stormwater facilities has not been prepared and approved by the City, the owners of the property being subdivided or upon which construction is being commenced shall, at such owners' cost, prepare a detailed drainage report and construction plans for the installation of all stormwater facilities required for such subdivision or lot, including any off-site facilities required to convey stormwater to existing drains, channels, streams, detention ponds or other points, all in conformity with the master plan of the stormwater basins, the Fort Collins Stormwater Criteria Manual adopted pursuant to § 26-500, and the Water Utilities Development Construction Standards adopted pursuant to § 26-29. (b) The Utilities Executive Director shall review such reports, plans and costs estimates; and after approval of the same, the plat of the subdivision or the building permit, if applicable, may be approved subject to the City's being furnished with acceptable assurance that such facilities will be constructed and installed as indicated and approved. (1) In order to obtain a certificate of occupancy for property prior to construction, certification, and acceptance of stormwater facilities, an owner may file a request with the Utilities Executive Director, along with a non-refundable administration fee of two hundred dollars ($200), and deposit an escrow in an amount determined by the Utilities Executive Director to be adequate to assure construction, installation, and certification of the facilities in accordance with final development plan documents. (2) All deferred construction, installation, and certification of stormwater facilities shall be completed within 180 days of the date on the escrow receipt, issued at the time of its deposit with the City. (3) Escrows held by the City as assurance for deferred construction and installation of stormwater facilities shall be released upon filing by the property owner of the required lot grading or overall site drainage certification for the property prepared by a licensed engineer. Any escrow not claimed or released Packet Pg. 57 - 3 - within the period established herein may be considered forfeited and the City may use such funds to address the drainage and grading requirements of the property. Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 58 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist Timothy Kemp, Civil Engineer SUBJECT First Reading of Ordinance No. 043, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Prospect Road and Timberline Road Intersection Improvements Project EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Prospect Road and Timberline Road intersection. The Prospect Road and Timberline Road Intersection Improvements will construct safety and congestion mitigation improvements at the intersection, and on Timberline Road from Prospect Road south to Blackbird Drive. The project is planned to begin construction in the spring of 2016 and be completed by the fall of 2016. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way, permanent easements, and temporary easements from four property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the Engineering Department completed an Arterial Intersection Prioritization Study, which listed the Prospect Road and Timberline Road intersection as one of the top ranked locations for needed safety and operational improvements. Existing problems which brought this intersection to the top of the list included significant congestion during the peak hours, higher than average vehicle accident rates, and intersection delay. The project will include multi-modal facility improvements to create a safer and more efficient intersection for all users. The Intersection Study identified the need for a "free" right turn lane from eastbound Prospect Road to southbound Timberline Road; along with an acceleration lane on Timberline Road to receive this turning movement. “Pork chop” islands will be added at right turn lanes to reduce pedestrian crossing lengths. Curb, gutter, parkways and sidewalks will be added to southbound Timberline, along with landscaped medians. Additionally, the Timberline Road and Great Western Railroad crossing will be rebuilt to accommodate the roadway expansion. The goals of this project are: Packet Pg. 59 Agenda Item 6 Item # 6 Page 2  Improve safety and overall efficiency for vehicles, bicycles and pedestrians  Reduce the accident rate by modifying the configuration of the intersection  Improve air quality by reducing vehicle wait time (delay)  Construct landscaping improvements in medians and parkways The necessary property interests include right-of-way, as well as permanent and temporary easements. Given the construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun meeting with the affected property owners to discuss the project and the impacts to their property. At these meetings, the property owners were notified that City staff would be requesting authorization to use eminent domain to acquire necessary property interests, if needed. City staff received no objections to this proposed request. Staff fully intends to negotiate in good faith with all affected owners; however, if an agreement cannot be reached with the owners, and in order to ensure that the Project can proceed in an efficient and timely manner, the City may consider the use of eminent domain. The affected property owners were notified by certified mail of this request to Council for authorization of eminent domain prior to the First Reading of this Ordinance. CITY FINANCIAL IMPACTS The project is funded through the Building on Basics (BOB) Intersection Funds from the voter approved quarter-cent sales tax. The project is defined as “Timberline Road - Drake Road to Prospect Road” from the 2005 ballot language. More specifically, the ballot language stated, “This project will expand Timberline Road to four (4) lane arterial standards including travel lanes, sidewalks, bike lanes, landscaped medians, and other necessary improvements. The project will include improvement to the Timberline / Prospect intersection and all its approaches to add additional turn lanes.” The total project budget is $3,500,000.00 ($3.5 M) which includes design, right-of-way and construction. One percent (1%) of the total project budget will be dedicated to the Art in Public Places program. Short and long term economic benefits of the reconstructed intersection will be realized by the following:  Easing of traffic congestion resulting in reduced fuel consumption and improved air quality  Decrease in accident and delay costs (as calculated per the Highway Safety Manual) PUBLIC OUTREACH The project team plans public outreach throughout the project, including public open houses, individual meetings with property owners, and project updates to be posted on the project’s website, <http://www.fcgov.com/engineering/prospect-timberline.php>. ATTACHMENTS 1. Prospect-Timberline Project Location Map (PDF) 2. Sustainability Assessment Summary (PDF) Packet Pg. 60 ATTACHMENT 1 Packet Pg. 61 Attachment6.1: Prospect-Timberline Project Location Map (2978 : Prospect Timberline ED) SUSTAINABILITY ASSESSMENT SUMMARY DATE: February 26, 2015 SUBJECT: Sustainability Assessment (SA) Summary for the Prospect Road and Timberline Road Intersection Improvements Project Key issues identified:  Negative temporary construction impacts to local businesses, commuters, bicycles, pedestrians, and the environment.  No planned buffered bicycle lanes. Suggested mitigation actions: • Detours, pedestrian and bicycle access, and other construction best practices will be used to maintain connectivity and access to local businesses. • The project will provide the ability to install buffered bicycle lanes in the future. Economic , 0.5 Social , 1.5 Environmental -1.5 Rating Average, 0.3 1 2 0 1.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 2 Packet Pg. 62 Attachment6.2: Sustainability Assessment Summary (2978 : Prospect Timberline ED) - 1 - ORDINANCE NO. 043, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE PROSPECT ROAD AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the City is scheduled to begin construction on the Prospect Road and Timberline Road Intersection Improvements Project (the “Project”) in 2016; and WHEREAS, the Project involves constructing turn lanes, medians, curbs, gutters, sidewalks, and other necessary improvements; and WHEREAS, the Project will improve the safety, operations, and air quality of the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire certain property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein by this reference (the “Property Rights”); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Rights from the owners thereof; and WHEREAS, the acquisition of the Property Rights is desirable and necessary for the construction of the Project, is in the City’s best interest and enhances public health, safety, and welfare; and WHEREAS, the acquisition of the Property Rights may, by law, be accomplished through eminent domain. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines that is necessary in the public interest to acquire the Property Rights described herein for the purpose of constructing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Rights for the City by eminent domain proceedings. Section 3. The City Council further finds that, in the event acquisition by eminent domain of the Property Rights or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. Packet Pg. 63 - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2015, and to be presented for final passage on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of April, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 64 Exhibit "A" Page 1 of 2 Packet Pg. 65 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "A" Page 2 of 2 Packet Pg. 66 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "B" Page 1 of 2 Packet Pg. 67 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "B" Page 2 of 2 Packet Pg. 68 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "C" Page 1 of 2 Packet Pg. 69 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "C" Page 2 of 2 Packet Pg. 70 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "D" Page 1 of 2 Packet Pg. 71 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "D" Page 2 of 2 Packet Pg. 72 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "E" Page 1 of 2 Packet Pg. 73 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "E" Page 2 of 2 Packet Pg. 74 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "F" Page 1 of 2 Packet Pg. 75 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "F" Page 2 of 2 Packet Pg. 76 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "G" Page 1 of 2 Packet Pg. 77 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "G" Page 2 of 2 Packet Pg. 78 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "H" Page 1 of 2 Packet Pg. 79 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "H" Page 2 of 2 Packet Pg. 80 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "I" Page 1 of 2 Packet Pg. 81 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Exhibit "I" Page 2 of 2 Packet Pg. 82 Attachment1: Exhibits A-I (2982 : Prospect Timberline ED Ordinance) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council THIS ITEM IS WITHDRAWN FROM THE AGENDA STAFF Marc Virata, Civil Engineer Martina Wilkinson, Civil Engineer SUBJECT Resolution 2015-033 Determining That a Single-Lane, Modern Roundabout is the Preferred Alternative for the Intersection of Lincoln Avenue and the North-South Extension of “International Boulevard.” EXECUTIVE SUMMARY The purpose of this item is to approve a single-lane, modern roundabout intersection at Lincoln Avenue and the north-south extension of International Boulevard. The adopted Master Street Plan anticipates a new arterial-arterial intersection between Lincoln Avenue east of Lemay Avenue and a north-south extension of ‘International Boulevard’. In accordance with Resolution 2001-120, an Alternatives Analysis was completed for this intersection. The conclusions of the Alternatives Analysis show that a single-lane, modern roundabout is the preferred alternative for this intersection. This project is not a part of or within the boundaries of the recently approved Lincoln Corridor Improvement Project. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The proposal of a development plan known as Capstone Cottages in the northeast vicinity of Lincoln Avenue and Lemay Avenue has prompted City staff to review how Lincoln Avenue will connect to a new north-south leg of “International Boulevard” (Vicinity Map, Attachment 2), which would be renamed by City Council in a future resolution. The City’s Master Street Plan (Attachment 3) graphically depicts that east of Lemay Avenue, Lincoln Avenue would curve to the northeast to become a new north-south street that would connect to an extension of International Boulevard, with existing Lincoln Avenue tying in at a T-intersection east of this sweeping curve. This new arterial-arterial intersection was evaluated by Wilson & Company, Inc. as a signalized intersection with turn lanes compared to a single-lane modern roundabout. This Alternatives Analysis report (Attachment 4) compares the two intersection improvement options in terms of safety, right-of- way requirements, cost, constructability, multi-modal enhancements and operations. Conceptual Level exhibits for both improvement options are shown on pages 15 and 16 of the Alternatives Analysis Report. The roundabout outperformed the signalized intersection in the categories of: safety, right- of-way impacts, costs, access management and operational efficiency. The categories of environmental impacts and multi-modal enhancements were neutral. The City’s Engineering staff is recommending a single- lane roundabout as the preferred option. Note that the decision regarding traffic control at this intersection is independent of the proposed development. This traffic control recommendation will stand regardless of whether the development proposal moves forward and is approved or not. Agenda Item 7 Item # 7 Page 2 CITY FINANCIAL IMPACTS Preliminary cost estimates in the Alternatives Analysis report demonstrate that it will cost approximately $723,000 less to construct the roundabout than the signalized intersection, and that right-of-way costs for the roundabout are approximately $239,000 less than for the signalized intersection. If the Capstone Cottages development plan moves forward and is approved, the construction of the roundabout would be the responsibility of the developer with reimbursement of the oversized portion through Street Oversizing. Should this development plan, for whatever reason, not move forward, City staff would want to ensure that the roundabout option remains the required intersection control to be built, whether by a future development or a City capital project. Additionally, the roundabout provides short and long term economic benefits by easing traffic congestion, resulting in reduced fuel consumption and multi-modal safety improvements with fewer and less severe accidents. BOARD / COMMISSION RECOMMENDATION At its February 19, 2015 meeting, the Transportation Board unanimously recommended approval for a roundabout at this intersection (Attachment 6). PUBLIC OUTREACH Neighborhood meetings for the Capstone Cottages development plan were conducted in February, July, and December 2014. With the proposal of a roundabout as part of the development plan, questions and comments were made regarding the roundabout, as well as a signalized intersection. Comparisons between a roundabout and a signalized intersection on the topics of costs, accidents rates, and operational design were discussed. There was general support for the roundabout provided that it is designed to address the traffic volumes and handle large vehicles and trucks. ATTACHMENTS 1. Resolution 2001-120 (PDF) 2. Vicinity Map (PDF) 3. Master Street Plan (enlarged section) (PDF) 4. Arterial Intersection Analysis (PDF) 5. Sustainability Assessment Summary and Tool (PDF) 6. Transportation Board minutes, February 19, 2015 (draft) (PDF) ATTACHMENT 1 Packet Pg. 85 Attachment7.1: Resolution 2001-120 (2965 : Lincoln Avenue and International Boulevard Roundabout) Packet Pg. 86 Attachment7.1: Resolution 2001-120 (2965 : Lincoln Avenue and International Boulevard Roundabout) Buckingham St. Lincoln Avenue Lemay Avenue new intersection with Lincoln Avenue VICINITY MAP N 1 ATTACHMENT 2 Packet Pg. 87 Attachment7.2: Vicinity Map (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Avenue City of Fort Collins Master Street Plan (enlarged) Lemay Avenue N 1 ATTACHMENT 3 Packet Pg. 88 Attachment7.3: Master Street Plan (enlarged section) (2965 : Lincoln Avenue and International Boulevard Roundabout) Arterial Intersection Analysis for Lincoln Ave. and International Blvd. February 5, 2015 Prepared for: City of Fort Collins Traffic Engineering Division 626 Linden Street Fort Collins, CO 80521 Wilson & Company, Inc., Engineers & Architects 1675 Broadway, Suite 200 | Denver, Colorado 80202 ATTACHMENT 4 Packet Pg. 89 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | i Table of Contents 1.0 Introduction ............................................................................................................................................ 1 1.1 Existing conditions .............................................................................................................................. 2 1.2 Intersection Options ........................................................................................................................... 2 2.0 Intersection Operations .......................................................................................................................... 3 2.1 Signalized Intersection Analysis .......................................................................................................... 3 2.2 Roundabout Analysis .......................................................................................................................... 4 3.0 Safety ...................................................................................................................................................... 5 4.0 Right of Way ............................................................................................................................................ 5 5.0 Environmental ......................................................................................................................................... 8 6.0 Cost ......................................................................................................................................................... 9 7.0 Multi-Modal .......................................................................................................................................... 11 8.0 Summary and Conclusion ..................................................................................................................... 11 List of Figures Figure 1: Intersection Location Figure 2: Option 1 Signalized Intersection Impact Area Figure 3: Option 2 Roundabout Intersection Impact Area Figure 4: Option 1 Signalized Intersection ROW Needs Figure 5: Option 2 Roundabout Intersection ROW Needs List of Tables Table 1: HCM LOS Criteria for Intersections Table 2: 2035 Traffic Operations Comparison Table 3: Option 1 (Signalized Intersection) Cost Estimate Table 4: Option 2 (Roundabout Intersection) Cost Estimate Table 5: Intersection Option Comparison Summary Appendix Packet Pg. 90 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 1 1.0 Introduction Growth is expected to occur in the area of the Lemay/Lincoln intersection in Fort Collins, Colorado. As this area develops International Boulevard will be constructed and connect with Lincoln Avenue east of Lemay Avenue. Several ultimate alignment concepts for these roads have been developed. The intersection control needs to be determined for the Lincoln Avenue/International Boulevard therefore the purpose of this report is to compare intersection options for this intersection in terms of operations, safety, intersection impacts and right-of-way requirements, environmental, cost, constructability, and multi-modal enhancements The two options that are being considered for the Lincoln Avenue/International Boulevard intersection: Option 1 a sweeping curve alignment for Lincoln Avenue/International Boulevard, as shown in the City of Fort Collins Master Street Plan, with a signalized Lincoln Avenue/International Boulevard “Tee” intersection; Option 2 a modern roundabout intersection along the current alignment of Lincoln Avenue. Figure 1 shows the intersection location area. Figure 1: Intersection Location Area Packet Pg. 91 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 2 1.1 Existing conditions Lincoln Avenue west of Lemay Avenue is an east-west street classified as a two-lane arterial according to the Fort Collins Master Street plan. Currently, Lincoln Avenue at the Buffalo Run apartment access/proposed International Blvd. intersection has a three-lane cross section, one through lane in each direction and a continuous left turn lane. The posted speed limit in the vicinity of the identified intersection is 35 mph. The existing Buffalo Run access/Lincoln intersection is presently STOP sign controlled with STOP control for the northbound approach. Lincoln Avenue carries approximately 8,300 vehicles per day (vpd). There is a detached sidewalk located along the south side and bicycle lanes along both sides of Lincoln Avenue east of Lemay Avenue. Transfort bus route 14 operates in both directions along Lincoln Avenue in the area. 1.2 Intersection Options As noted previously, two intersection options were evaluated for the Lincoln Avenue/International Boulevard intersection 1) a sweeping curve alignment for Lincoln Avenue/International Boulevard, as shown in the City of Fort Collins Master Street Plan, with a signalized Lincoln Avenue/International Boulevard “Tee” intersection, 2) a modern roundabout intersection along the current alignment of Lincoln Avenue. Conceptual layouts of each of these options were prepared and are included in Appendix A. Packet Pg. 92 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 3 2.0 Intersection Operations Year 2035 AM and PM peak hour traffic operation analyses were performed for each of the intersection concepts. 2.1 Signalized Intersection Analysis Utilizing the traffic volumes noted above, a signal warrant analysis was conducted for the study intersection. Warrant-3 Peak Hour from the Manual on Uniform Traffic Control Devices (MUTCD), 2009 was applied at the intersection since these peak hour forecasts were readily available. Based on the evaluation year 2035 traffic volumes at the study intersection would be at and/or approaching the need to signalize the study intersection. Therefore a signalized intersection analysis of the intersection was conducted. The signalized intersection operations analyses were performed using Synchro 8 software, which uses the methodologies outlined in the 2010 Highway Capacity Manual (HCM). The Level of Service (LOS) for intersections is defined in terms of delay, which is a measure of driver discomfort, frustration, fuel consumption, and loss of travel time. Specifically, LOS criteria are stated in terms of the average control delay per vehicle for the peak 15-minute period within the hour state in terms of the average control delay per vehicle for the 15-minute period within the hour analyzed. The average control delay includes initial deceleration delay, queue move-up time, and final acceleration time in addition to the stop delay. Table 1 summarizes the HCM criteria and ratings for signalized intersection LOS. Table 2 summarizes the 2035 AM and PM peak hour signalized intersection traffic operations. Table 1: HCM LOS Criteria for Intersections LOS Control Delay (sec/veh) Description A <10 Operations with very low delay and most vehicles do not stop. B >10 and <20 Operations with good progression but with some restricted movements. C >20 and <35 Operations where a significant number of vehicles are stopping with some backup and light congestion. D >35 and <55 Operations where congestion is noticeable, longer delays occur, and many vehicles stop. The proportion of vehicles not stopping declines. E >55 and <80 Operations where there is significant delay, extensive queuing, and poor progression. F >80 Operations that are unacceptable to most drivers, when the arrival rates exceed the capacity of the intersection. Packet Pg. 93 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 4 2.2 Roundabout Analysis Operational analysis for the roundabout alternative was performed using Roundabout Delay (RODEL). RODEL is nationally recognized standard software for empirical geometric design that interactively generates and assesses roundabout geometry and operations. The year 2035 AM and PM base peak hour traffic volumes were input into RODEL along with the roundabout geometrics at the intersection. Table 2 tabulates the roundabout operational analyses. Table 2: 2035 Traffic Operations Comparison Signalized Roundabout AM Peak PM Peak AM Peak PM Peak Delay (Sec/Veh) LOS Delay (Sec/Veh) LOS Delay (Sec/Veh) LOS Delay (Sec/Veh) LOS Lincoln Ave – Eastbound Left 17.4 B 27.5 C Thru 18.1 B 26.2 C Right 16.6 B 28.7 C Approach 17.5 B 27.4 C 10.0 B 11.0 B Lincoln Ave – Westbound Left 24.6 C 20.4 C Thru-Right 22.9 C 14.2 B Approach 23.8 C 19.2 B 7.3 A 11.8 B North Site Access – Southbound Buffalo Run Site Access – Northbound Left-Thru-Right 32.0 C 32.4 C Approach 32.0 C 32.4 C 5.3 A 5.6 A International Blvd – Southbound Left 25.4 C 39.3 D Thru-Right 16.0 B 25.0 C Approach 19.2 B 29.9 C 5.4 A 7.5 A Overall Intersection 20.4 C 25.3 C 8.0 A 10.7 B As shown the Roundabout option provides a better LOS and minimizes delay compared to the Signalized intersection option, therefore minimizing stops, fuel consumption, and emissions. Packet Pg. 94 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 5 3.0 Safety A well-designed roundabout promotes speed consistency and reduces vehicle speeds upon entry and achieves consistency in the relative speeds between conflicting traffic streams by requiring vehicles to negotiate the roundabout along a curved path compared other intersection configurations. The risk of being involved in a severe collision is lower at roundabouts than at other forms of intersections, including signalized intersections, due to the slower vehicle speeds. In addition the number of vehicle- vehicle conflict points for roundabouts decreases from 32 to 8 for four-leg intersections, a reduction of 75%. Likewise, the number of conflict points for pedestrians-vehicles is lower at roundabouts than at other intersections. 4.0 Right of Way The conceptual layouts were used to determine the intersection impact area, illustrated in Figures 2 and 3, and right-of-way requirements, illustrated in Figures 4 and 5, for each of the intersection concepts. The right-of-way for the intersection area was obtained from the City of Fort Collins GIS. The alignment of Lincoln Avenue and International Boulevard are not consistent between the options therefore for comparative purposes the future east-west road (Duff Drive), located to the north, was used as the northern ROW limits. Option 1 will require approximately 110,220 SF of additional right-of-way, while Option 2 will require approximately 80,370 SF of additional right-of-way. Figure 2: Option 1 Signalized Intersection Impact Area Packet Pg. 95 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 6 Figure 3: Option 2 Roundabout Intersection Impact Area Figure 4: Option 1 Signalized Intersection ROW Needs Packet Pg. 96 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 7 Figure 5: Option 2 Roundabout Intersection ROW Needs Packet Pg. 97 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 8 5.0 Environmental From an environmental impact perspective the options are fairly similar and summarized below. x Wetlands: The roundabout option will have less impact to the ditch wetlands north of Lincoln Avenue compared to the signal option. These are not expected to be jurisdictional but a review by a certified biologist is required. Mitigation for wetlands impacts, if required, can be developed within future detention ponds. x Traffic Noise: Both options will generate similar noise profiles which may impact the outdoor use areas, e.g. balconies/porches, of Buffalo Run apartments. The roundabout would provide a consistent travel speed, without vehicles starting/stopping that would be associated with a signalized intersection which would provide a minor advantage over the signalized intersection option. The signalized intersection being slightly farther away from the apartments provides a minor noise advantage over the roundabout option. x Trees/Vegetation: Both of these alternatives have the potential for impacts to the existing urban forest on the north and possibly south sides of Lincoln Avenue. The north side impacts are primarily to trees which are considered nuisance/invasive species. These trees would be replaced with trees approved by the City of Ft Collins forester. Impacts to the older growth trees on the south side of Lincoln Avenue should be avoided. The signalized intersection does provide a greater buffer to these trees and minimizes the potential to impact their roots. x Air Quality: Roundabouts are generally better for air quality because they eliminate stopping and idling at the intersection. A detailed analysis has not been provided. Packet Pg. 98 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 9 6.0 Cost A breakdown of probable costs for both options is shown below. Table 3: Option 1 (Signalized Intersection) Cost Estimate ITEM # ITEM UNIT QUANTITY UNIT PRICE COST 203 EARTWHORK (18" DEPTH) CY 9071 $12.00 $108,857 403 PAVEMENT (ASSUME 9" HMA / 12" ABC) SY 11105 $48.00 $533,052 608 CONCRETE SIDEWALK SY 2216 $40.00 $88,657 609 CURB AND GUTTER (TYPE 2) (SECTION IB) LF 0 $13.00 $0 609 CURB AND GUTTER (TYPE 2) (SECTION IIB) LF 3404 $16.00 $54,463 609 CONCRETE CURB RAMPS SY 21 $115.00 $2,453 610 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 0 $10.00 $0 614 FULL SIGNAL INSTALLATION LS 1 $200,000.00 $200,000 A $987,482 B CLEARING AND GRUBBING LS 1.0% of A $9,875 C REMOVALS, RESETS, AND ADJUSTMENTS LS 10.0% of A $98,748 D EROSION CONTROL LS 6.0% of A $59,249 E SEEDING, MULCHING, AND MINOR LANDSCAPING LS 2.5% of A $24,687 F PERMANENT WATER QUALITY LS 2.5% of A $24,687 G DRAINAGE / STORM SEWER SYSTEM / CULVERT EXTENSIONS LS 16.0% of A $157,997 H SIGNING AND PAVEMENT MARKING LS 6.0% of A $59,249 I URBAN DESIGN AND LANDSCAPING LS 30.0% of A $296,245 J CONSTRUCTION TRAFFIC CONTROL LS 8.0% of A to I $137,458 K MOBILIZATION LS 5.0% of A to J $92,784 L CONSTRUCTION SURVEYING LS 5.0% of A to J $92,784 M $2,041,245 N CONTINGENCY LS 15.0% of M $306,187 O MINOR CONTRACT REVISIONS / FORCE ACCOUNTS LS 10.0% of M $204,124 P UTILITY RELOCATIONS LS 5.0% of M $102,062 Q $2,653,618 R DESIGN ENGINEERING / SURVEYING / GEOTECHNICAL LS 10.0% of Q $265,362 S CONSTRUCTION ENGINEERING LS 15.0% of Q $398,043 $3,317,023 PROJECT ROW COST - SW QUADRANT SF 0 $8.00 $0 PROJECT ROW COST - SE QUADRANT SF 76007 $8.00 $608,057 PROJECT ROW COST - NE QUADRANT SF 34213 $8.00 $273,707 PROJECT ROW COST - NW QUADRANT SF 0 $8.00 $0 $881,764 SUB-TOTAL OF MAJOR ITEMS TOTAL OF CONSTRUCTION ITEMS SUB-TOTAL OF CONSTRUCTION COST TOTAL PROJECT CONSTRUCTION COST TOTAL PROJECT ROW COST Packet Pg. 99 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 10 Table 4: Option 2 (Roundabout Intersection) Cost Estimate The cost estimates show that the Roundabout (Option 2) will be approximately $723,000 less than the Signalized intersection (Option 1). Right-of-way costs for Option 2 are approximately $239,000 less than Option 1. ITEM # ITEM UNIT QUANTITY UNIT PRICE COST 203 EARTWHORK (18" DEPTH) CY 8222 $12.00 $98,659 403 PAVEMENT (ASSUME 9" HMA / 12" ABC) SY 7465 $48.00 $358,329 608 CONCRETE SIDEWALK SY 2695 $40.00 $107,784 609 CURB AND GUTTER (TYPE 2) (SECTION IB) LF 2470 $14.00 $34,576 609 CURB AND GUTTER (TYPE 2) (SECTION IIB) LF 2838 $18.00 $51,084 609 CONCRETE CURB RAMPS SY 43 $115.00 $4,907 610 MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 11694 $10.00 $116,935 614 FULL SIGNAL INSTALLATION LS 0 $200,000.00 $0 A $772,274 B CLEARING AND GRUBBING LS 1% of A $7,723 C REMOVALS, RESETS, AND ADJUSTMENTS LS 10% of A $77,227 D EROSION CONTROL LS 6% of A $46,336 E SEEDING, MULCHING, AND MINOR LANDSCAPING LS 3% of A $19,307 F PERMANENT WATER QUALITY LS 3% of A $19,307 G DRAINAGE / STORM SEWER SYSTEM / CULVERT EXTENSIONS LS 16% of A $123,564 H SIGNING AND PAVEMENT MARKING LS 6% of A $46,336 I URBAN DESIGN AND LANDSCAPING LS 30% of A $231,682 J CONSTRUCTION TRAFFIC CONTROL LS 8% of A to I $107,501 K MOBILIZATION LS 5% of A to J $72,563 L CONSTRUCTION SURVEYING LS 5% of A to J $72,563 M $1,596,383 N CONTINGENCY LS 15% of M $239,457 O MINOR CONTRACT REVISIONS / FORCE ACCOUNTS LS 10% of M $159,638 P UTILITY RELOCATIONS LS 5% of M $79,819 Q $2,075,298 R DESIGN ENGINEERING / SURVEYING / GEOTECHNICAL LS 10% of Q $207,530 S CONSTRUCTION ENGINEERING LS 15% of Q $311,295 $2,594,123 PROJECT ROW COST - SW QUADRANT SF 1805 $8.00 $14,437 PROJECT ROW COST - SE QUADRANT SF 0 $8.00 $0 PROJECT ROW COST - NE QUADRANT SF 77226 $8.00 $617,812 PROJECT ROW COST - NW QUADRANT SF 1338 $8.00 $10,703 $642,952 TOTAL PROJECT CONSTRUCTION COST SUB-TOTAL OF CONSTRUCTION COST TOTAL OF CONSTRUCTION ITEMS SUB-TOTAL OF MAJOR ITEMS TOTAL PROJECT ROW COST Packet Pg. 100 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 11 7.0 Multi-Modal As noted previously there is a detached sidewalk located along the south side and bicycle lanes along both sides of Lincoln Avenue east of Lemay Avenue. The signalized option would add sidewalks; curb ramps, and crosswalks at all four legs of the study intersection. On street bike lanes would be provided on International Boulevard. The roundabout would also provide sidewalks and curb ramps on all legs of the roundabout. A roundabout is generally viewed as safe or safer for pedestrians when compared to a signalized intersection, based on studies of other single lane roundabouts in the United States. Single lane roundabouts also have a good safety record for bicyclists. The proposed concept design provides a widened path for cyclists who prefer to not travel through the circulating roadway. More experience riders may choose to stay in the street and “claim the lane” while traveling through the roundabout. The performance of a roundabout for visually impaired pedestrians is not as good as a traditional intersection. This is because visually impaired pedestrians have greater difficulty in determining the movements of approaching traffic in the roundabout. 8.0 Summary and Conclusion Option 2 (Roundabout Intersection) provides better intersection traffic operations and safety for both pedestrians and vehicles than Option 1 (Signalized Intersection). From the environmental overview evaluation the Roundabout Intersection Option would be less impactful compared to the Signalized Intersection Option primarily from a noise and air quality perspective since there will be less stopping/starting and idling at the intersection. The Signalized Intersection Option would have fewer impacts to trees and minimize noise impacts to the residents in the Buffalo Run apartments. The overall construction costs, including ROW, would be less for the Roundabout option. The Signalized option would require the existing Buffalo Run full movement access onto Lincoln Avenue to be reconstructed and potential restricted to right in/right out movements only. Table 5: Intersection Option Comparison Summary Favors Attribute Positive Outcome Signalized Roundabout Operational Efficiency Minimizes delay X Provides best overall Level of Service Driver Safety Reduces potential for crashes X Reduces crash severity Pedestrian Safety Minimizes pedestrian wait time X Improves pedestrian safety Initial Impact Cost & ROW Minimizes need for additional ROW and associated costs X Minimizes construction costs Environmental Impacts Reduces fuel consumption and pollution Reduces noise pollution Neutral Minimizes wetland impacts Minimizes trees/vegetation impacts Multi-Modal Provides sidewalks, curb ramps and bike lanes Neutral Access Management Minimizes impacts to adjacent intersections/accesses X Packet Pg. 101 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Appendix – Concept Plans for Option 1 (Signalized Intersection) and Option 2 (Roundabout Intersection) Packet Pg. 102 Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 12 Option 1: Signalized Intersection Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) Lincoln Ave. and International Blvd. Intersection Study 2015 Wilson & Company Page | 13 Option 2: Roundabout Intersection Attachment7.4: Arterial Intersection Analysis (2965 : Lincoln Avenue and International Boulevard Roundabout) SUSTAINABILITY ASSESSMENT SUMMARY DATE: 2/20/15 SUBJECT: Sustainability Assessment (SA) Summary for Lincoln Avenue and International Boulevard Roundabout Key issues identified: x Multi-modal improvements, compliance with ADA standards, better access for Buffalo Run Apartments, and improved safety for all users. x Less pavement, fewer emissions, wetland impacts x Improved connectivity, mobility, less congestion, and better safety. Short term impacts to area during construction. Suggested mitigation actions: • Wetland impacted requires mitigation through the City’s Land Use Code • Signage, public outreach, social media as tools to address impacts during construction. • We chose not to override the rating average. Economic , 2.0 Social , 1 Environmental , 0.0 Rating Average, 1.0 1.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 5 Packet Pg. 105 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal To analyze a roundabout as the type of intersection at Lincoln Avenue and the north-south extension of “International Boulevard”. (This extension of International Boulevard will be renamed in a future City Council action.) Staff lead(s): Marc Virata, Engineering 221-6567 Martina Wilkinson, Traffic Operations 221-6887 Sheri Langenberger, Engineering 221-6573 Aaron Iverson, FC Moves 416-2643 Pete Wray, Community Development and Neighborhood Services 221-6754 Stephanie Blochowiak, Community Development and Neighborhood Services 221-6750 Packet Pg. 106 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 2 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. x Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description To identify a roundabout as the preferred intersection control at Lincoln Avenue and the north-south extension of “International Boulevard” (both minor arterial roadways). (This extension of International Boulevard will be renamed in a future City Council action.) 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion x This proposal sets the framework for improving the transportation system and multi-modal access, providing additional connectivity between the Andersonville, Buffalo Run, Airpark Village, and Fort Collins Business Center neighborhoods and corridors x This proposal does not affect physical or mental health. x This proposal does not impact (negatively or positively) helping people achieve and maintain an adequate standard of living. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth x This proposal has accounted for ADA standards. Crosswalks, curb ramps, and bikelanes will be designed to meet or exceed ADA standards. x This proposal encourages alternate travel modes (cycling, walking, and transit). Packet Pg. 107 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 3 and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? x Roundabouts are considered a safer intersection for all users as roundabouts have less conflict points than signalized intersections. All proposed infrastructure improvements will meet City and ADA standards. 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? x This proposal has no impact on cultural appropriateness and neither affirms or denies the cultures of diverse communities. x This proposal does not affect the cultures of diverse communities. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? x This proposal will provide Buffalo Run Apartments with a direct connection to the roundabout from Lincoln Avenue. Currently westbound Lincoln Avenue as well as northbound and southbound Lemay Avenue movements are either indirect (via 12th Street to Wal- Mart’s private drive) or difficult (unprotected left turn to Lincoln Avenue) x This proposal along with the extension of International Boulevard will provide additional connectivity for Airpark Village and Fort Collins Business Center to the Lincoln Avenue and Lemay Avenue corridors. x The proposal of a roundabout has been discussed as part of three neighborhood meetings for the Capstone Cottages development plan, which if approved and constructed, would build this roundabout. x Staff took a recommendation of a roundabout to the Transportation Board. x Staff feels there is support for the roundabout, but not universal support. 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? x As part of the Capstone Cottages neighborhood meetings, local residents and business owners provided feedback on the roundabout. x This proposal does not impact collaboration and cooperation between the City and community members. Packet Pg. 108 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 4 Social Equity Summary Key issues: Multi-modal improvements, compliance with ADA standards, better access for Buffalo Run Apartments, and improved safety for all users. Potential mitigation strategies: N/A Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus X Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected X Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? To identify a roundabout as the preferred intersection control at Lincoln Avenue and the north-south extension of “International Boulevard” (both minor arterial roadways). Packet Pg. 109 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 5 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic elements of the community? Analysis/Discussion x This proposal would impact a portion of existing low-quality wetlands associated with the roadside ditch along Lincoln Avenue. x Roundabouts in general reduce vehicle delay which improves air quality over a conventional signalized intersection. x It will be built to our current streetscape standards and roundabouts provide enhanced opportunities for additional landscaping improvements within the intersection. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? x Less pavement with the roundabout vs. a conventional intersection design. x Fewer emissions in general with a roundabout vs. a conventional intersection. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? x This proposal would impact a portion of existing wetlands along Lincoln Avenue, but when constructed the impacted wetlands would be mitigated in compliance with the City’s Land Use Code. x Construction of the intersection will restore area drainage function. 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? x Fewer emissions in general with a roundabout vs. a conventional intersection. Packet Pg. 110 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 6 • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? • Will this proposal create significant amounts of waste or pollution? 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? x This proposal does not meet any of these objectives. 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? x Unknown at this time. Environmental Health Summary Key issues: Less pavement, fewer emissions, wetland impacts Potential mitigation strategies: Wetland impacted requiring mitigation through the City’s Land Use Code Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant Slightly negative Moderately negative, Very negative, Packet Pg. 111 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 7 Rating represents group consensus x Rating represents group average or neutral impact likely impact expected x Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? To analyze a roundabout as the type of intersection at Lincoln Avenue and the north-south extension of “International Boulevard”. 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion x The proposal provides additional connectivity to northeast Fort Collins with the creation of a new arterial roadway intersection with Lincoln Avenue. Existing neighborhoods and businesses will have additional access for transportation. x The roundabout design will accommodate large trucks for businesses. x This proposal does not contain any grant funding. x The proposal will likely be constructed with development and would then partially be reimbursed through City Street Oversizing. x Improved mobility for commerce 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? x This proposal has the potential to create short-term construction jobs within Larimer County 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? x This proposal is unlikely to create “clean technology” or “green” jobs. x This proposal will impact access to Lincoln Avenue and have negative impacts to existing businesses and neighborhoods during the Packet Pg. 112 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 8 • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? construction phase (short term). x The proposal will provide positive impact to businesses and neighborhoods in the long term by providing additional connectivity, access and less congestion. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? x It is unknown at this juncture whether local businesses will be utilized for the construction. x This project will be required to go through a competitive bidding process if Street Oversizing funds are requested to reimburse the party that constructs it. 5. Relevance to Local Economic Development Strategy x This proposal implements the transportation network specified both on the City’s Master Street Plan, the City’s Structure Plan and the East Mulberry Corridor Plan. Economic Prosperity Summary Key issues: Improved connectivity, mobility, less congestion, and better safety. Short term impacts to area during construction Potential mitigation strategies: signage, public outreach, social media as tools to address impacts during constriction. Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus x Rating represents group average +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected x Packet Pg. 113 Attachment7.5: Sustainability Assessment Summary and Tool (2965 : Lincoln Avenue and International Boulevard Roundabout) 3 Lewin went on to mention the West Elizabeth Enhanced Corridor Plan and requested Board feedback. Thomas asked if there is any way to assure voters that no BOB 2.0 dollars will be spent to fund CSU’s on-campus stadium. Jackson replied Council would need to make a specific policy direction. The Board had a brief discussion regarding items related specifically to game days versus items beneficial to the general public at all times. Thomas noted there is widespread opposition to the stadium which could potentially lead to less support for the BOB 2.0 package should the proposed projects not be able to be isolated from the stadium issue. Jackson noted terms could be defined as impacts as defined in the IGA which will be signed between the City and CSU. Jackson commended the Plan as a whole. Thomas asked if the Board could place a caveat on its support of the Plan that the City ensures the IGA with CSU covers all stadium-related expenses. Lewin noted the Plan itself does not go into details related to the stadium, except in the context of considerations and public process input. Jackson suggested language involving a clear identification of costs to be borne by CSU as the process moves forward. Thomas made a motion, seconded by Shenk, that the Board accept and endorse the transportation recommendations as spelled out in the West Central Area Plan, but also encourages a clear identification of the infrastructure costs to be borne directly by CSU as a result of the on-campus stadium impacts as part of the negotiations between the City and Colorado State University. Simonson expressed concern regarding the language addition and its relationship to the election. The Board held a discussion regarding the motion wording. The motion was adopted unanimously.  Recommendation for a Roundabout at Lincoln/International Boulevard Marc Virata, Engineering, stated this intersection will likely be built as part of the Capstone Cottages development. Martina Wilkinson, Traffic Operations, stated there are two options for the development of this intersection, a traditional signalized intersection and a single-lane roundabout, and discussed the impacts of each, noting the roundabout requires less right-of-way and is less expensive. Wilkinson also stated roundabouts are safer for bicyclists and pedestrians and discussed the maintenance costs of both types of intersections. Virata noted the sustainability assessment of the roundabout proposal indicated this is a positive project. Transportation Board February 19, 2015 DRAFT minutes ATTACHMENT 6 Packet Pg. 114 Attachment7.6: Transportation Board minutes, February 19, 2015 (draft) (2965 : Lincoln Avenue and International Boulevard Roundabout) 4 Simonson asked if an equivalent roundabout, in terms of traffic, exists in town. Wilkinson replied the Taft and Vine roundabout would be relatively similar and noted the one-lane design will accommodate traffic into the future. Simonson asked if a landscape plan has been developed for the roundabout. Virata replied those details have yet to be formulated and noted staff would like the intersection design to be approved for whomever constructs the intersection in the future. Berklund asked how far the roundabout would be located from Lemay Avenue. Wilkinson replied it is about 700 feet away. Berklund asked if traffic backups could potentially clog the roundabout. Wilkinson replied staff does not anticipate back-ups would go all the way to the roundabout. Thomas made a motion, seconded by Simonson, to recommend adoption of the roundabout alternative. The motion was adopted unanimously. 9. REPORTS • Boardmember Reports Simonson reported on a visit to Denver’s Union Station. • Staff Report Jackson stated the March meeting will occur at Traffic Operations and discussed some future topics for the Board. Additionally, he discussed Council’s future meetings regarding the on-campus stadium. Jackson stated the all-Board meeting has been scheduled for March 9th and announced Randy Hensley’s retirement and interim replacement as well as Karen Cumbo’s retirement. Sizemore announced the Transportation Alternative Program funding awarded to the City for the Pitkin low-stress bicycle corridor. 10. OTHER BUSINESS None. 11. ADJOURN The meeting adjourned at 8:49 p.m. by unanimous consent. Packet Pg. 115 Attachment7.6: Transportation Board minutes, February 19, 2015 (draft) (2965 : Lincoln Avenue and International Boulevard Roundabout) - 1 - RESOLUTION 2015-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS DETERMINING THAT A SINGLE-LANE, MODERN ROUNDABOUT IS THE PREFERRED ALTERNATIVE FOR THE INTERSECTION OF LINCOLN AVENUE AND THE NORTH-SOUTH EXTENSION OF “INTERNATIONAL BOULEVARD” WHEREAS, the planned intersection of Lemay Avenue with the north-south extension of “International Boulevard” (to be renamed by City Council Resolution in a future action) has been identified as a possible intersection for implementation as a roundabout; and WHEREAS, City staff has conducted an analysis of the establishment of a single-lane, modern roundabout at said intersection in accordance with Resolution 2001-120, which calls for an Intersection Alternative Analysis to be conducted before roundabout improvements are approved; and WHEREAS, the Intersection Alternative Analysis reviewed by City staff considers the six criteria of safety, capacity, air quality, cost, alternative mode mobility and special requirements, and concludes that the single-lane, modern roundabout design is favored or neutral in every criteria; and WHEREAS, the City Council’s determination of the appropriateness of a single-lane, modern roundabout at this location is independent of the proposed Capstone Cottages development that may construct it, and this determination will continue in effect regardless of the outcome of that proposed development; and WHEREAS, after public outreach and receipt of the recommendation from the Transportation Board, the City Council has determined that a single-lane, modern roundabout at the intersection of Lincoln Avenue and the north-south extension of “International Boulevard” is in the best interests of the City and should be authorized. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Intersection Alternative Analysis described in Resolution 2001-120 shows that a modern, single-lane roundabout is the preferred alternative for the intersection of Lincoln Avenue and the north-south extension of “International Boulevard”, and that a roundabout as described is appropriate for construction at that location. 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 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Gerry Paul, Director of Purchasing & Risk Management SUBJECT Resolution 2015-034 Authorizing the Purchasing Agent to Lease Additional Vehicles and Equipment Under the City's Standard Master Lease Agreement with Pinnacle Public Financing, Inc. EXECUTIVE SUMMARY The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for the cost of $2,239,424 under the City’s Master Lease Agreement with Pinnacle Public Finance and the “First Amendment” to that Agreement (jointly, the “Agreement”). Quarterly Payments of $118,398 at the 2.15% interest rate will not exceed $236,796 in 2015. Money for 2015 lease-purchase payments is included and appropriated in the 2015 budget. A competitive process was used to select Pinnacle Public Finance for this Agreement. A 2015 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease-purchase is in the best interest of the City given the interest rate offered for the lease. Staff believes acceptance of this lease rate is in the City's best interest. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution authorizes the Purchasing Agent to enter into a lease-purchase transaction with Pinnacle Public Finance (“Pinnacle”) at 2.15% interest rate under a new “Schedule of Equipment”. The Agreement is for an original term from the execution date of the Agreement to the end of fiscal year 2015. The Agreement provides for renewable one-year terms thereafter, to a total term of five years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. Each of the items acquired through this transaction has a useful life longer than five years. This lease-purchase financing is consistent with the financial policies of the City of Fort Collins. All equipment shall be leased-purchased following the City's purchasing ordinances and procedures to ensure that the cost to the City is fair and reasonable as determined by a competitive purchasing process. The vehicles and equipment financed under the Agreement will comply with applicable City policies, and will be in accordance with the goal of optimizing City resources without impacting service to the community. An "Equipment Request" justifying the replacement of each vehicle or piece of fleet equipment is on file with Fleet Services. The fleet manager has researched each request, and approved them based on current and projected maintenance costs, fuel economy, downtime, and relevant safety factors. Other equipment purchases have been approved in accordance with departmental procedures. CITY FINANCIAL IMPACTS Lease-Purchase: The City's lease-purchase policy provides that: Packet Pg. 117 Agenda Item 8 Item # 8 Page 2 The City of Fort Collins uses lease-purchases for the provision of new and replacement equipment, vehicles and rolling stock in order to ensure the timely replacement of equipment and vehicles. This method may also be used to acquire real property. Members of the management staff have developed an equipment needs schedule for rolling stock which encompasses the demands of operating departments. This schedule is used to project equipment needs for each budget year. The type of lease that the City uses is termed a lease-purchase agreement. With each rental payment the City builds equity and assumes risk in the asset over the term of the lease. The annual installments are subject to appropriation by the Council each year. Advantages of a lease-purchase over a cash purchase are:  Decreasing the impact of inflation on the purchase of new and replacement equipment.  Resolving the problem of capital replacement needs backlog.  Conserving operating reserves.  Reducing the initial impact of the cost to user departments by enabling costs to be spread over the useful life of the equipment.  Safeguarding the opportunity to use cash assets to earn higher interest than the interest cost of lease- purchasing. A 2015 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease-purchase is in the best interest of the City given the interest rate offered for the lease and projected investment rate. According to C.R.S. Section 29-1-103, local governments are required to identify as part of their budgets: (1) the total expenditures during the ensuing fiscal year for all lease purchase agreements involving real and personal property; and (2) the total maximum payment liability under all lease purchase agreements over the entire terms of the agreements, including all optional renewal terms. Staff recognizes that the State does not include lease-purchase in the legal definition of debt; however, rating agencies include lease-purchases in calculating the City's debt burden. The proposed Resolution authorizes the lease-purchase financing of the following under the Agreement. Description Quantity Cost Golf - New and Replacements Toro tee mower 1 28,689.00 Club Carryall electric 1 9,048.00 Toro Top Dresser 1 11,719.00 Toro Workman HDX-D Utility Vehicle 1 21,260.00 Branson tractor 1 24,500.00 Toro Fairway mower 1 54,481.00 Golf Fund Total: 149,697.00 Traffic - Replacements Small SUV 1 19,800.00 Cab/Chassis for Bucket Truck 1 37,000.00 Body for Bucket Truck 1 82,000.00 Skid Steer Loader 1 45,100.00 Trailer - 12,000lb 1 11,000.00 Traffic Total: 194,900.00 Transportation Fund Total: 194,900.00 Packet Pg. 118 Agenda Item 8 Item # 8 Page 3 Parks - Replacement Vehicles Small Pick-up truck - 4x2 3 60,000.00 Small Pick-up truck - 4x4 1 27,000.00 3/4 ton Pickup Truck 2 52,000.00 small snowplow 2 10,000.00 Gang Mower 1 85,500.00 Trim Mower 3 118,500.00 Zero Turn Mower with decks 1 14,000.00 Trailers 4 22,500.00 Parks Total: 389,500.00 Forestry - Replacement Vehicle 1/2 ton Pick-up truck - 2WD 1 21,700.00 Cab/chassis 1 85,000.00 Grapple & body 1 78,800.00 Chipper 1 68,827.00 Stump Grinder 1 16,700.00 Forestry Total: 271,027.00 Operation Services - Replacement Vehicle 3/4 ton Cargo Van 1 40,000.00 Small Pickup 1 20,000.00 equipment package 1 lot 5,000.00 Operations Services Total: 65,000.00 Police Patrol - Replacement Vehicles Ford Utility Police Interceptor AWD 20 548,000.00 Patrol vehicle equipment 20 173,000.00 Patrol vehicle equip. - Vinyl wrap 19 12,500.00 Ram 1500 SSV K9 1 28,200.00 Patrol vehicle equipment 1 12,900.00 1 ton Crew Cab 4x4 truck 1 36,800.00 Patrol vehicle equipment 1 lot 18,000.00 Large size SUV 1 37,500.00 Patrol vehicle equipment 1 lot 4,500.00 Medium size SUV 1 25,700.00 Patrol vehicle equipment 1 lot 4,500.00 Patrol Vehicle Total: 901,600.00 Investigations - Replacement Vehicle Small Pickup truck 4x2 1 21,700.00 Hybrid sedan 1 24,000.00 Medium size SUV 1 37,000.00 Investigation vehicle equipment 1 lot 5,000.00 1/2 ton Pick-up truck 4wd 1 32,300.00 Investigation vehicle equipment 1 lot 7,500.00 1/2 ton Pick-up truck 4wd 1 33,100.00 Investigation vehicle equipment 1 lot 7,500.00 Electric vehicle 1 25,000.00 Commuter Van 1 30,800.00 Investigation Vehicle Total: 223,900.00 Equipment Fund Total: 1,851,027.00 Police Patrol - Traffic - Replacement Vehicle Ford Utility Police Interceptor AWD 1 30,300.00 Patrol vehicle equipment 1 13,500.00 Patrol - Traffic Vehicle Total: 43,800.00 Packet Pg. 119 Agenda Item 8 Item # 8 Page 4 General Fund Total: 1,894,827.00 Lease Total: 2,239,424.00 Departments have appropriately justified the purchase of all new and replacement vehicles and equipment. ENVIRONMENTAL IMPACTS Due to improvements in emissions and engine technology, new vehicles and equipment will use less fuel and produce fewer emissions than the units being replaced. These vehicles are as fuel efficient as can be provided pursuant to the needs of patrol. Packet Pg. 120 - 1 - RESOLUTION 2015-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASING AGENT TO LEASE ADDITIONAL VEHICLES AND EQUIPMENT UNDER THE CITY’S STANDARD MASTER LEASE AGREEMENT WITH PINNACLE PUBLIC FINANCING, INC. WHEREAS, the City of Fort Collins (the “City”) and Pinnacle Public Finance, Inc. (“Pinnacle”) have previously entered into that certain “Standard Master Lease Agreement” dated February 15, 2011, (the “Agreement”); and WHEREAS, the Agreement provides that Pinnacle will lease to the City certain “Equipment” as generally described in Section 1.1 of the Agreement and as specifically described in each “Schedule of Equipment” that is agreed to in the future and added to the Agreement as Exhibit A by the City and Pinnacle (collectively, the “Equipment”); and WHEREAS, the Agreement contemplates an initial term of one year, with up to four additional one-year terms, not to exceed a total of five years; and WHEREAS, Article V of the Agreement grants the City the option to purchase any or all of the Equipment in accordance with the provisions of Article V of the Agreement; and WHEREAS, the Agreement also expressly provides that all of the City’s obligations under the Agreement are subject to the City Council’s annual appropriation of each year’s lease payments and, if such appropriation does not occur, Pinnacle’s sole remedy is to repossess the Equipment; and WHEREAS, the Purchasing Agent and Pinnacle have previously entered into that certain “First Amendment to Master Lease Agreement” approved by City Council on December 2, 2014, in Resolution 2014-108 (the “First Amendment”); and WHEREAS, the purpose of the First Amendment was to amend certain language in Section 1.2 of the Agreement to clarify the City’s and Pinnacle’s original (and current) intent with respect to the language in Section 1.2 that provides that the City is to be listed as the owner on the titles of motor vehicles included in the Equipment leased under Schedule of Equipment No. 8 and that had been leased under the previous seven schedules of equipment; and WHEREAS, that such original (and current) intent of this motor-vehicle-title language was and is not to change the lease-purchase nature of the Agreement, but solely for the purposes of establishing ownership of the leased motor vehicles for federal tax purposes, reducing Pinnacle’s liability for any civil claims arising from the City’s use of the motor vehicles, and for the City’s administrative convenience in establishing clear title to vehicles when the City exercises its option to purchase any of them; and WHEREAS, the Purchasing Agent has negotiated with Pinnacle the lease of additional Equipment under the Agreement as described in the “Schedule of Equipment No. 9” dated April Packet Pg. 121 - 2 - 6, 2015, attached hereto as Exhibit “A” and incorporated herein by reference (“Schedule of Equipment No. 9”); and WHEREAS, each piece of equipment listed in Schedule of Equipment No. 9 has a useful life of five years or longer; and WHEREAS, the Purchasing Agent has also negotiated with Pinnacle quarterly lease payments of One Hundred Eighteen Thousand Three Hundred Ninety Seven Dollars and Eighty Three Cents ($118,397.83) for five years for the Equipment being leased in Schedule of Equipment No. 9 as set forth in the parties’ “Payment Schedule, Equipment Schedule #9” dated April 6, 2015, (the “Payment Schedule”); and WHEREAS, the funds needed for the City’s quarterly lease payments that will be owed to Pinnacle in 2015 for the Equipment being leased in Schedule of Equipment No. 9, have been budgeted and appropriated in the City’s 2015 annual budget that was adopted by Council on November 18, 2014; and WHEREAS, the City is authorized in Section 8(c) of Article V of the City Charter, Article IV in Chapter 8 of the City Code, and in C.R.S. Section 31-15-801 to enter into multiple- year lease-purchase agreements provided each year’s lease payments are subject to annual appropriation; and WHEREAS, the lease of the Equipment in Schedule of Equipment No. 9 under the Lease will not constitute a “multiple fiscal year direct or indirect debt or other obligation” of the City within the meaning of Section 20(4)(b) of Article X of the Colorado Constitution and, therefore, this lease of Equipment under Schedule of Equipment No. 9 can be entered into without voter approval; and WHEREAS, the City Council has determined that it is in the City’s best interests to lease from Pinnacle all of the Equipment described in the Schedule of Equipment No. 9 in accordance with the terms and conditions of the Agreement; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That all of the recitals set forth above in this Resolution are hereby adopted as the City Council’s findings in support of this Resolution. Section 2. That the lease of the Equipment in Schedule of Equipment No. 9 under the Agreement (as amended in the First Amendment) and the Payment Schedule are hereby approved, and the Purchasing Agent is hereby authorized to enter into the Schedule of Equipment No. 9 and the Payment Schedule on the City’s behalf. The Purchasing Agent may agree, in consultation with the City Attorney, to modifications and amendments to Schedule of Equipment No. 9 and the Payment Schedule as may be needed to protect the City’s interests and that are consistent with the stated purposes of this Resolution. Packet Pg. 122 - 3 - 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 Packet Pg. 123 EXHIBIT A Packet Pg. 124 Attachment1: Exhibit A (2994 : Lease Purchase Spring 2015 RESO) Packet Pg. 125 Attachment1: Exhibit A (2994 : Lease Purchase Spring 2015 RESO) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2015-035 Making an Appointment to the Northern Colorado Airport Commission. EXECUTIVE SUMMARY The purpose of this item is to appoint Thomas Fleming to a four year term to the Northern Colorado Regional Airport Commission (the "Commission"). The Intergovernmental Agreement ("IGA") between the owners of the Municipal Airport, the cities of Fort Collins and Loveland, provides for a selection committee of two Councilmembers from each City to make recommendations for appointment to the Commission. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On January 6, 2015, Council approved Resolution 2015-002 adopting the Airport Strategic Plan, and Resolution 2015-003 authorizing the Mayor to Execute an Amended and Restated Intergovernmental Agreement (IGA) between the owners of the Airport, the cities of Fort Collins and Loveland. As part of the Strategic Plan, a seven member Commission will be created. Two members of the Commission will be City of Fort Collins Councilmembers or employees, and the Commission will include one “Citizen Member” appointed by the Fort Collins City Council, and one “Joint Citizen Member” appointed by the cities of Fort Collins and Loveland. Adoption of this Resolution appoints Thomas Fleming to the Commission to serve as the citizen member of the Commission. Packet Pg. 126 - 1 - RESOLUTION 2015-035 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING AN APPOINTMENT TO THE NORTHERN COLORADO AIRPORT COMMISSION WHEREAS, on January 6, 2015, the City Council passed Resolution 2015-002 adopting the Fort Collins-Loveland Airport Strategic Plan; and WHEREAS, on the same date the City Council passed Resolution 2015-003, authorizing the Mayor to execute an Amended and Restated Intergovernmental Agreement (the “IGA”) between the Cities of Fort Collins and Loveland (the “Cities”), which are the owners of the Fort Collins-Loveland Municipal Airport; and WHEREAS, the IGA directs the Cities to establish an airport governance structure in the nature of a commission to be called the “Northern Colorado Regional Airport Commission (the “Commission”); and WHEREAS, the IGA provides that 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 shall be appointed by the Loveland City Council; (d) one Citizen Member shall be appointed by the Fort Collins City Council, and (e) one Joint Citizen Member shall be appointed by the City Councils upon mutual agreement; and WHEREAS, on March 3, 2015, and March 5, 2015, the Airport Selection Committee, which was appointed by the City Council, interviewed applicants desiring to serve on the Commission; and WHEREAS, the Airport Selection Committee is recommending Thomas Fleming be appointed to serve a four-year term on the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, hereby appoints Thomas Fleming to serve a four-year term on the Commission, which term shall begin upon the formation of the Commission and shall expire four years later. 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 Packet Pg. 127 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Janet Miller, Human Resources Director SUBJECT Items Relating to the Appointment, Salary and Employment Contract of the City Attorney. EXECUTIVE SUMMARY A. Resolution 2015-036 Appointing Carrie Daggett as City Attorney and Approving the City Attorney’s Employment Agreement. B. Second Reading of Ordinance No. 039, 2015, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the City Attorney. C. Administration of Oath of Office for the City Attorney. The purpose of the resolution is to appoint Carrie Daggett as the new City Attorney and to approve the employment agreement of the City Attorney. Ordinance No. 039, 2015, unanimously adopted on First Reading on March 3, 2015, establishes the 2015 salary of the City Attorney at $177,000. STAFF RECOMMENDATION Not applicable. BACKGROUND / DISCUSSION Following the unexpected death of City Attorney Steve Roy in July 2014, Deputy City Attorney Carrie Daggett was appointed by the Council to serve as the Interim City Attorney. The process for recruiting Mr. Roy's replacement was established by Council and recruitment efforts began in October of 2014. The process resulted in the receipt of 23 applications. That pool was narrowed to a group of 3 finalists who were interviewed in January and February by Council as well as community and staff members. On February 17, 2015, Council identified Carrie Daggett as the leading candidate. Mayor Karen Weitkunat and Councilmember Gerry Horak were appointed by Council to begin negotiations with Ms. Daggett regarding the terms and conditions of employment for the new City Attorney. This Resolution appoints Carrie Daggett as the City Attorney for the City of Fort Collins and authorizes the Mayor to execute an employment contract with Ms. Daggett. Additionally, Ordinance No. 039, 2015 Amends Section 2-581 of the City Code to establish the initial base salary of the City Attorney as $177,000 per year. Total compensation which includes health, life and disability insurance as well as retirement benefits is reflected in the attached 2015 City Attorney Compensation Calculator (Exhibit A). ATTACHMENTS 1. 2015 City Attorney Compensation Calculator (PDF) 2. Oath of Office (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 128 ATTACHMENT 1 Prepared by Human Resources City Attorney Compensation Calculator Monetary Base Salary 177,000 Medical Insurance 8,940 Dental Insurance 540 Life Insurance 310 Long Term Disability 818 ICMA 457 5,310 ICMA 401 17,700 Non-Monetary Vacation 30 days Holiday 9 days Total Compensation $210,617 March 7, 2015 2015 Packet Pg. 129 Attachment10.1: 2015 City Attorney Compensation Calculator (2997 : City Attorney) STATE OF COLORADO ) ) COUNTY OF LARIMER ) ss. ) CITY OF FORT COLLINS ) OATH OF CARRIE MINEART DAGGETT AS CITY ATTORNEY I, CARRIE MINEART DAGGETT, do solemnly swear that I will support the Constitution and the laws of the United States and the State of Colorado and the Charter and Ordinances of Fort Collins; and that I will faithfully perform the duties of my office or employment, so help me God. _________________________________ Subscribed and sworn to before me this 17th day of March, A.D. 2015. ________________________________ City Clerk ATTACHMENT 2 Packet Pg. 130 Attachment10.2: Oath of Office (2997 : City Attorney) 1 CITY ATTORNEY APPOINTMENT AND SALARY March 17, 2015 Second Reading Ordinance No. 039, 2015 Resolution 2015-036 ATTACHMENT 3 Packet Pg. 131 Attachment10.3: Powerpoint presentation (2997 : City Attorney) 2 Recruitment / Selection Overview • National search began October 2014 • 23 Applicants – 9 Considered – 3 Finalists interviewed • Stakeholder Engagement • Council, Community, Staff interviews • Backgrounds / References • Council identified Carrie Daggett, Interim City Attorney, as leading candidate – Feb 17, 2015 Packet Pg. 132 Attachment10.3: Powerpoint presentation (2997 : City Attorney) 3 City Attorney Salary & Employment Agreement • Ordinance No. 039, 2015, Setting the salary of the City Attorney – 1st reading March 3, 2015 – 2015 annual salary = $177,000 Market Data – October 2014 Market Average Annual Salary Average Total Comp Colorado $179,831 $204,742 National Western Region $184,098 $219,063 Packet Pg. 133 Attachment10.3: Powerpoint presentation (2997 : City Attorney) 4 Prepared by Human Resources March 7, 2015 City Attorney Compensation Calculator 2015 Monetary Base Salary 177,000 Medical Insurance 8,940 Dental Insurance 540 Life Insurance 310 Long Term Disability 818 ICMA 457 5,310 ICMA 401 17,700 Non-Monetary Vacation 30 days Holiday 9 days Total Compensation $210,617 Packet Pg. 134 Attachment10.3: Powerpoint presentation (2997 : City Attorney) - 1 - RESOLUTION 2015-036 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING CARRIE DAGGETT AS CITY ATTORNEY AND APPROVING THE CITY ATTORNEY’S EMPLOYMENT AGREEMENT WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is responsible for appointing the City Attorney; and WHEREAS, on February 17, 2015, the City Council appointed the Mayor and Mayor Pro Tem to negotiate the terms and conditions of an employment agreement with Carrie Daggett; and WHEREAS, the two City Councilmembers and Ms. Daggett have been able to reach consensus about the terms and conditions of an employment agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Carrie Daggett, currently interim City Attorney, is appointed City Attorney. Section 2. That the City Attorney’s Employment Agreement, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved by the City Council, and the Mayor is hereby authorized to execute the City Attorney’s Employment Agreement in substantially the form shown on Exhibit “A” with such modifications, if any, as the Mayor may, upon consultation with the City Manager and Mayor Pro Tem, consider to be in the best interests of the City. 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 Packet Pg. 135 AGREEMENT THIS AGREEMENT is made and entered into this ____ day of March, 2015, by and between the CITY OF FORT COLLINS, State of Colorado, a municipal corporation, hereinafter referred to as the “City,” and Carrie M. Daggett, hereinafter referred to as the “Employee.” WITNESSETH: WHEREAS, pursuant to Article VI of the Charter of the City of Fort Collins, the City Council (the “Council”) is required to appoint a City Attorney and establish the compensation for the City Attorney; and WHEREAS, the City desires to employ the services of the Employee as City Attorney of the City of Fort Collins as provided by the Charter of the City; and WHEREAS, it is further the desire of the Council to provide certain benefits, establish certain conditions of employment and set working conditions of employment and set working conditions of the Employee; and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of the Employee and to provide inducement for her to remain in such employment; (2) to make possible full work productivity by assuring the Employee’s morale and peace of mind with respect to future security; and (3) to provide a just means for terminating the Employee’s services at such time as she may be unable to fully discharge her duties due to disability or when either she or the City may otherwise desire to terminate her employment; and WHEREAS, the Employee desires to accept employment as the City Attorney of the City upon the terms set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and the parties agree as follows: SECTION 1. DUTIES. The City hereby agrees to employ the Employee as the City Attorney of the City, to perform the functions and duties specified in the Charter and ordinances of the City and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. SECTION 2. TERM OF AGREEMENT AND RENEWAL. A. The term of this Agreement shall be an “indefinite term.” For purposes of this Agreement, “indefinite” shall be deemed to mean “having no exact limits.” EXHIBIT A Packet Pg. 136 Attachment1: Exhibit A (2946 : City Attorney Reso) B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to remove the Employee from the position of City Attorney and terminate her employment with the City under this Agreement at any time, or the right of the Employee to resign from her employment at any time, subject only to the provisions set forth in Section 5 below SECTION 3. SALARY A. The City agrees to pay the Employee for her services rendered pursuant hereto and annual base salary of ONE HUNDRED AND SEVENTY SEVEN THOUSAND DOLLARS ($177,000), payable in equal biweekly installments at the same time and in the same manner as other employees of the City are paid, with said rate of pay to become effective as of March 30, 2015, to be adjusted in the future as set forth in Section 5(B). B. A salary review shall take place in November or December of each year, with any subsequent modification of the Employee’s salary to be approved by the Council by ordinance and thereafter incorporated herein by this reference without the necessity of further modification of this Agreement by addendum. SECTION 4. HOURS OF WORK. A. The normal office hours of the Employee shall be considered to be 8:00 A.M. to 5:00 P.M., Monday through Friday. It is recognized, however, that the Employee must devote a considerable amount of time to the business of the City outside of those normal office hours. For that reason the Employee shall be permitted to take compensatory time off as she shall deem appropriate during said normal office hours. B. The Employee shall not maintain a private legal practice, nor shall the Employee provide legal representation to any party other than the City without the express prior approval of the Council. SECTION 5. TERMINATION AND SEVERANCE PAY. A. The parties acknowledge that the employee serves at the pleasure of the City Council under Article VI, Section 1 of the City Charter. As such, the Employee’s term of employment may be terminated at any time by the affirmative vote of a majority of the Council, with or without cause. For the purposes of this Section, the word “cause” shall mean (1) failure of the Employee to carry out her duties under this Agreement after written notice from the Council; (2) failure of the Employee to desist from any act or omission believed by the Council to be contrary to the best interests of the City after written notice to the Employee to desist; (3) conviction of a felony or a crime of moral turpitude; (4) dishonesty towards, fraud upon, or deliberate injury or attempted injury to Packet Pg. 137 Attachment1: Exhibit A (2946 : City Attorney Reso) the City; (5) the breach by the Employee of a term or condition of this Agreement; (6) any physical or mental disability that substantially limits a major life function of the Employee and that results in her inability to carry out any essential function of her job as City Attorney, with or without reasonable accommodations by the City, provided that the Employee's disability entitles her to receive benefits under the City's long term disability plan or, if the disability is the result of a work-related injury, entitles her to benefits under the Colorado workers' compensation laws for being permanently and totally disabled. B. In the event that the Employee is removed from her position as City Attorney by the Council for cause as described in subparagraph A. above, the Employee shall not be entitled to receive any further compensation from the City accruing after the effective date of her termination. Similarly, in the event that the Employee voluntarily resigns from her employment with the City under this Agreement, the Employee shall not be entitled to receive any such further compensation. Under either such circumstance, however, the Employee shall be entitled to receive from the City all compensation and benefits that have accrued to her under this Agreement through the last day of her employment with the City. C. In the event that the Employee is removed from her position as City Attorney by the Council for any reason other than for cause as defined in subparagraph A. above, the City shall, as severance pay, continue to pay the Employee her then-current salary on a bi-weekly basis as follows: (1) If removed during the first thirty-six (36) months after March 30, 2015 (the “Initial Period”), for a period of six (6) months from the effective date of her removal; (2) If removed during the successive twenty-four (24) months after the Initial Period (the “Second Period”), for a period of five (5) months from the effective date of her removal; (3) If removed during the successive twenty-four (24) months after the Second Period (the “Third Period”), for a period of four (4) months from the effective date of her removal; and (4) If removed at any time after the Third Period, for a period of three (3) months from the effective date of her removal. D. In the event that the City at any time during the term of this Agreement reduces the salary or other financial benefits of the Employee in a greater percentage than is applicable to an across-the-board reduction for all employees of the City, or in the event that the City refuses, following written notice, to comply with any other provision benefitting the Employee herein, or the Employee resigns following written notice from Packet Pg. 138 Attachment1: Exhibit A (2946 : City Attorney Reso) the Council of termination other than for cause as described in subparagraph A. above, then the Employee may, at her option, be deemed to have been terminated by the Council without cause for the purposes of this Section in which event the Employee shall be entitled to the severance pay provided for above. E. Whether the Employee voluntarily resigns from her position as City Attorney under this Agreement or is removed from her position by the Council with or without cause, Employee shall retain all rights and benefits that may have accrued to her under any of the benefit, pension, or deferred compensation plans provided to her under this Agreement and that she is entitled to retain in accordance with the provisions of such plans and applicable law as any City employee who has resigned or been terminated from employment with the City would be entitled to retain. F. Medical insurance shall be provided through the end of the month in which the termination occurs. The Employee may elect to thereafter continue coverage by paying the premium in effect at the time of termination under the same terms and conditions and according to the same provisions of law which are applicable to all employees of the City who, upon termination, elect to continue medical coverage at their own expense. SECTION 6. VACATION. A. The Employee shall be granted thirty (30) days of annual vacation leave, commencing as of March 30, 2015. Five (5) days of such vacation leave shall be credited to the Employee as of the first full pay period of each year. The remaining balance of twenty-five (25) days of annual vacation leave shall accrue throughout the remainder of each such calendar year pro-rated on a biweekly basis. Notwithstanding any City policy to the contrary, vacation leave accrued and unused by the Employee shall be subject to the following terms and conditions: (1) At any time during the term of this Agreement, but not more than twice annually, the Employee may elect to receive the cash equivalent of a portion of her accrued, unused vacation, based upon her then current rate of pay; provided, however, that no more than one hundred twenty (120) hours of accrued, unused vacation leave may be converted to a cash payment in any given calendar year. The amount of said payment shall be based upon the Employee’s current rate of pay at the time of conversion. To the extent permitted by law, Employee shall be entitled to direct that any such payment be deposited into the City’s 457 deferred compensation plan through ICMA-RC or its 401A qualified retirement plan, or such other qualified retirement plan as Employee may designate. (2) At the end of each calendar year, the balance of the Employee’s accrued, unused vacation leave remaining after any such cash conversion shall be carried Packet Pg. 139 Attachment1: Exhibit A (2946 : City Attorney Reso) over to subsequent years, up to a maximum accrual of 780 hours. Any balance in excess of 780 hours that exists as of the last day of the final pay period of the calendar year shall be forfeited by the Employee. For the purpose of this provision, the “final pay period of the calendar year” shall mean the last pay period that begins in such year. (3) Upon the cessation of the Employee’s employment with the City, whether by termination, death, disability, resignation or otherwise, the Employee shall be compensated by cash payment for the total amount of her accrued, unused vacation leave balance. The amount of said payment shall be based upon the Employee’s then current rate of pay. Any payment made to the Employee by the City under this provision shall be in addition to any amounts previously paid for accrued, unused vacation leave under subparagraph (2) above and any other amounts payable to the Employee under this Agreement. To the extent permitted by law, Employee shall be entitled to direct that any such payment be deposited into the City’s 457 deferred compensation plan through ICMA-RC or its 401A qualified retirement plan, or such other qualified retirement plan as Employee may designate. B. The parties acknowledge that Employee has accrued, or reasonably expects to accrue, a significant balance of vacation during the 2015 calendar year, in light of position vacancies in the City Attorney’s Office and extraordinary interim and transitional demands on her time. Accordingly, Employee may elect at any time during 2015 to receive a one-time payment of the cash equivalent of up to an additional one hundred and twenty (120) hours of accrued, unused vacation, in addition to that amount available to her pursuant to Section 6(A). The amount of said payment shall be based upon the Employee’s 2015 rate of pay as interim City Attorney. To the extent permitted by law, Employee shall be entitled to direct that any such payment be deposited into the City’s 457 deferred compensation plan through ICMA-RC or its 401A qualified retirement plan, or such other qualified retirement plan as Employee may designate. SECTION 7. DISABILITY If the Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury or mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and short term disability leave, the City shall have the option to terminate this Agreement, subject to the notice and severance pay requirements of Section 5(A). However, the Employee shall be compensated for any accrued vacation or unused holiday leave, and further compensated as a disabled employee pursuant to the provisions of the City’s Long Term Disability Insurance Plan. Packet Pg. 140 Attachment1: Exhibit A (2946 : City Attorney Reso) SECTION 8. PENSION AND DEFERRED COMPENSATION BENEFITS A. The City agrees to execute all necessary agreements provided by the International City Management Association Retirement Corporation (hereinafter referred to as "ICMA-RC") for Employee's participation in ICMA-RC's 401A qualified retirement plan, and, in addition to the base salary paid by the City to Employee, the City agrees to pay on Employee's behalf an amount equal to ten percent (10%) of Employee's base salary into such qualified retirement plan, in equally proportioned amounts each pay period, and further agrees to roll over into another qualified retirement plan or to transfer Employee's ownership in the plan to her succeeding employer's qualified plan upon Employee's resignation or termination, to the extent such a rollover or transfer is allowed by law and the terms of the City's plan. In addition, Employee is eligible to participate in the City's 457 deferred compensation plan through ICMA-RC. If Employee does so participate, the City will match Employee's contribution to the plan in an amount not to exceed three percent (3%) of Employee's salary in any one pay period. The total contribution to ICMA-RC's 457 deferred compensation plan is subject to the limits prescribed by the Internal Revenue Service. SECTION 9. DISABILITY, HEALTH AND LIFE INSURANCE. The City will provide and offer to Employee and her qualified dependents the same insurance benefit packages and plans it provides and offers to all full-time unclassified management employees of the City, which benefit packages and plans currently include, without limitation, group life, accidental death and dismemberment insurance; long-term disability insurance; dental reimbursement plan; dental insurance; vision insurance; and major medical insurance. SECTION 10. DUES AND SUBSCRIPTIONS. The City agrees to budget and to pay for the professional dues and subscriptions of the Employee necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement, and for the good of the City. SECTION 11. ATTENDANCE AT CONFERENCES, MEETINGS AND SEMINARS. A. The City hereby agrees to budget for and to pay the travel and subsistence expenses incurred by the Employee in attending meetings and conferences incidental to the performance of the Employee’s duties and necessary for the continued professional development of the Employee, including but not limited to attendance at the semi-annual Colorado Municipal League Conferences, Colorado Bar Association and American Bar Packet Pg. 141 Attachment1: Exhibit A (2946 : City Attorney Reso) Association conferences, meetings and events, and such other professional conferences and meetings as the Employee may reasonably consider beneficial and appropriate. B. The City also agrees to budget and to pay for the travel and subsistence expenses of the Employee for short courses, institutes and seminars that are necessary for her professional development and certification and for the good of the City. C. All payment of travel and seminar expenses shall be in accordance with policies relating to the same adopted by the Council from time to time. SECTION 12. CONTINGENCIES. A. This Agreement is hereby made expressly contingent upon the City Council of the City of Fort Collins (the “Council”) approving the salary of the Employee by its final adoption of a related ordinance, in its discretion, on or before March 17, 2015. If the Council does not pass such an ordinance on second reading on or before that date then this Agreement shall be automatically terminated and all parties shall be released from all obligations hereunder. B. If, however, the Council does pass such an ordinance on or before March 17, 2015, but within ten (10) days of the passage of the ordinance a notice of protest against the ordinance is filed with the City Clerk of the City of Fort Collins pursuant to Section 2(b) of Article X of the Charter of the City of Fort Collins, then this Agreement shall remain in full force and effect until either the Council repeals the ordinance or the electors vote to repeal the ordinance in accordance with Section 2(c) of Article X of the Charter of the City of Fort Collins. In the event the ordinance is repealed by Council or by the electors, then the parties agree to re-negotiate the terms and conditions of an employment agreement. C. If the Council does not repeal the ordinance and if the electors approve the ordinance, then this Agreement shall remain in effect. SECTION 13. ANNUAL APPROPRIATION. All financial obligations of the City under this Agreement shall be subject to the Council's annual appropriation of the funds necessary to satisfy such obligations. SECTION 14. INDEMNIFICATION. The City shall defend, save harmless and indemnify the Employee against any tort, professional liability claim or demand or other legal action, and any professional licensing or other administrative proceeding or action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Employee’s duties as City Attorney. The City may compromise and settle any such claim or suit and Packet Pg. 142 Attachment1: Exhibit A (2946 : City Attorney Reso) pay the amount of any settlement or judgment rendered thereon, provided that no judgment or admission of wrongdoing shall be agreed to by the City without the Employee’s written consent. SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. A. The Council, in consultation with the Employee, shall establish any such other terms and conditions of employment as it may determine from time to time, relating to the performance of the Employee, provided that such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits (including, without limitation, health and life insurance programs, social security, and disability benefits, if any), reimbursement for employment- related expenses incurred by Employee, working conditions as they now exist or hereafter may be amended and provisions governing accrual and payment for vacation and floating holidays upon termination of employment, also shall apply to the Employee as they would to department heads and service directors of the City, unless said benefits are specifically provided for herein. SECTION 16. NOTICES. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Services, postage prepaid, addressed as follows: EMPLOYER: Mayor City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 EMPLOYEE: Carrie M. Daggett City Attorney P.O. Box 580 Fort Collins, CO 80522 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Packet Pg. 143 Attachment1: Exhibit A (2946 : City Attorney Reso) SECTION 17. GENERAL PROVISIONS. A. It is the intent of the parties that this Agreement and the appointment of the Employee as City Attorney be, in all aspects, in accordance with the requirements and provisions of the City’s Charter relating to such position. If any provision of this Agreement is capable of two (2) constructions, only one (1) of which complies with the Charter, the construction that complies with the Charter shall control. If any provision of the Agreement conflicts with the Charter, the Charter shall control and the conflicting provision of this Agreement shall be of no effect. In the latter event, an invalid provision of this Agreement shall not affect the other provisions of the Agreement, it being the intent of the parties that the provisions of this Agreement shall be severable. B. The text herein shall constitute the entire Agreement between the parties. C. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. D. This Agreement shall become effective commencing ________________, 2015. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY OF FORT COLLINS a municipal corporation By: _____________________________ Karen Weitkunat, Mayor ATTEST: _______________________________ City Clerk ____________________________________ Carrie M. Daggett Packet Pg. 144 Attachment1: Exhibit A (2946 : City Attorney Reso) - 1 - ORDINANCE NO. 039, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS AND SETTING THE SALARY OF THE CITY ATTORNEY WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is responsible for fixing the compensation of the City Attorney; and WHEREAS, the City is committed to compensating its employees in a manner which is fair, competitive and understandable; and WHEREAS, the City’s pay philosophy is based on total compensation, which includes not only base salary but also deferred compensation payments, vacation and holiday leave, and amounts paid by the City for medical, dental, life and long-term disability insurance; and WHEREAS, members of the City Council and the City Attorney have discussed terms and conditions of the City Attorney’s employment, including the base salary to be paid to the City Attorney; and WHEREAS, the City Council supports a compensation philosophy of paying employees a competitive salary based on established market data, and is adjusting the salary of the City Attorney to bring that salary more in line with the appropriate market data; and WHEREAS, the City Council believes that the base salary of the City Attorney should be established at the amount of $177,000 per annum. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2-581 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 2-581. Salary of the City Attorney. The base salary to be paid the City Attorney shall be on hundred seventy-seven thousand dollars ($177,000.) per annum, payable in biweekly installments. Sixty (60) percent of such sum shall be charged to general government expense, twenty (20) percent to the City water utility and twenty (20) percent to the City electric utility. Section 2. That the effective date of the salary adjustment shall be March 30, 2015. Packet Pg. 145 - 2 - Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2015, and to be presented for final passage on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 146 Agenda 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, Packet Pg. 147 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 Packet Pg. 148 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) Packet Pg. 149 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 Packet Pg. 150 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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 Packet Pg. 151 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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): Packet Pg. 152 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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 Packet Pg. 153 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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 Packet Pg. 154 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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 Packet Pg. 155 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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 Packet Pg. 156 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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. Packet Pg. 157 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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. Packet Pg. 158 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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. Packet Pg. 159 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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. Packet Pg. 160 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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. Packet Pg. 161 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) 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 Packet Pg. 162 Attachment11.1: CSU Multi-Purpose, On-Campus Stadium Mitigation Needs and Recommendations Report (3012 : CSU IGA 2015) Attachment 1 Recommended Additional Transit Service for CSU On-Campus Stadium Events ATTACHMENT 1 to REPORT Packet Pg. 163 Attachment11.2: CSU - Recommended Additional Transit Service (Attachment 1 to Report) (3012 : CSU IGA 2015) 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 Packet Pg. 164 Attachment11.3: CSU - Mulit-Modal Infrastructure Needs (Attachment 2 to Report) (3012 : CSU IGA 2015) 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. Packet Pg. 166 Attachment11.4: Summary Table of Mitigation Actions for CSU On-Campus Stadium (Attachment 3 to Report) (3012 : CSU IGA 2015) 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. Packet Pg. 167 Attachment11.4: Summary Table of Mitigation Actions for CSU On-Campus Stadium (Attachment 3 to Report) (3012 : CSU IGA 2015) ATTACHMENT 5 Packet Pg. 168 Attachment11.5: Work Session Summary, February 24, 2015 (3012 : CSU IGA 2015) Packet Pg. 169 Attachment11.5: Work Session Summary, February 24, 2015 (3012 : CSU IGA 2015) Packet Pg. 170 Attachment11.5: Work Session Summary, February 24, 2015 (3012 : CSU IGA 2015) Packet Pg. 171 Attachment11.5: Work Session Summary, February 24, 2015 (3012 : CSU IGA 2015) Packet Pg. 172 Attachment11.5: Work Session Summary, February 24, 2015 (3012 : CSU IGA 2015) 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 Packet Pg. 173 Attachment11.6: Planning and Zoning Board Work Session Comments, March 6, 2015 (3012 : CSU IGA 2015) 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. Packet Pg. 174 Attachment11.6: Planning and Zoning Board Work Session Comments, March 6, 2015 (3012 : CSU IGA 2015) 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. Packet Pg. 175 Attachment11.6: Planning and Zoning Board Work Session Comments, March 6, 2015 (3012 : CSU IGA 2015) 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. Packet Pg. 176 Attachment11.6: Planning and Zoning Board Work Session Comments, March 6, 2015 (3012 : CSU IGA 2015) 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 Packet Pg. 177 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 2 CSU Stadium IGA - Update • Background • IGA Development Process To Date • IGA Commitments: – Infrastructure – Stadium Advisory Group – Transit – Signage – Funding – Periodic Review • Next Steps Packet Pg. 178 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 179 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 180 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 181 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 6 Parking: Laurel Prospect Shields College Packet Pg. 182 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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) Packet Pg. 183 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 8 Pedestrian/Bicycle Crossings: Laurel Prospect Shields College Packet Pg. 184 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 9 On Campus Bike/Pedestrian Improvements: CSU Traffic Study: Laurel Prospect Shields College Ped Bike Packet Pg. 185 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 10 Turn Lanes/Intersection Improvements: • Shields / Elizabeth - Lane Improvements • Prospect / Centre – Additional lanes • Prospect / College – Additional lanes • College / Lake – Reconfigure NB left turn lane Packet Pg. 186 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 11 Intersection and Turn Lane Improvements: Laurel Prospect Shields College Packet Pg. 187 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 12 Utilities • CSU has agreed to make water, waste water, storm water, electric feed and natural gas improvements Packet Pg. 188 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 189 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 190 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 191 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 16 IGA Commitments • Litter abatement and removal practices – Provision of recycling and trash receptacles – Canvassing public rights of way after major stadium events Packet Pg. 192 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 17 IGA Commitments - Traffic management plan - Campus parking plan - Enhanced Transfort Bus and MAX service - Enhanced law enforcement Packet Pg. 193 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 18 IGA Commitments • Environmental construction standard for stadium • Lighting standards – best technology • Noise standards – best technology Packet Pg. 194 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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 Packet Pg. 195 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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. Packet Pg. 196 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 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. Packet Pg. 197 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015) 22 Recommendation • Staff recommends approval of the IGA. Packet Pg. 198 Attachment11.7: Powerpoint presentation (3012 : CSU IGA 2015)   CSUSTADIUMIGA OPENHOUSE COMMENTS March11,2015 ATTACHMENT 8 1 Packet Pg. 199 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 2 Packet Pg. 200 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 3 Packet Pg. 201 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 4 Packet Pg. 202 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 5 Packet Pg. 203 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 6 Packet Pg. 204 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 7 Packet Pg. 205 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 8 Packet Pg. 206 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 9 Packet Pg. 207 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 10 Packet Pg. 208 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 11 Packet Pg. 209 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 12 Packet Pg. 210 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 13 Packet Pg. 211 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 14 Packet Pg. 212 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 15 Packet Pg. 213 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 16 Packet Pg. 214 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 17 Packet Pg. 215 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 18 Packet Pg. 216 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 19 Packet Pg. 217 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 20 Packet Pg. 218 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 21 Packet Pg. 219 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 22 Packet Pg. 220 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 23 Packet Pg. 221 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 24 Packet Pg. 222 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 25 Packet Pg. 223 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 26 Packet Pg. 224 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 27 Packet Pg. 225 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 28 Packet Pg. 226 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 29 Packet Pg. 227 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 30 Packet Pg. 228 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 31 Packet Pg. 229 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 32 Packet Pg. 230 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 33 Packet Pg. 231 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 34 Packet Pg. 232 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 35 Packet Pg. 233 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 36 Packet Pg. 234 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 37 Packet Pg. 235 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 38 Packet Pg. 236 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 39 Packet Pg. 237 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 40 Packet Pg. 238 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 41 Packet Pg. 239 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 42 Packet Pg. 240 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 43 Packet Pg. 241 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 44 Packet Pg. 242 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) 45 Packet Pg. 243 Attachment11.8: CSU Stadium IGA Open House Comments, March 11, 2015 (3012 : CSU IGA 2015) - 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, Packet Pg. 244 - 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 Packet Pg. 245 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 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Ted Shepard, Chief Planner Rebecca Everette, Associate Planner Cameron Gloss, Planning Manager Amy Lewin, Transportation Planner Paul Sizemore, FC Moves Program Manager SUBJECT Resolution 2015-038 Adopting the West Central Area Plan as an Element of the Comprehensive Plan of the City and Repealing the West Central Neighborhoods Plan as an Element of the City's Comprehensive Plan. EXECUTIVE SUMMARY The purpose of this item is to adopt the West Central Area Plan (the "Plan") comprised of the neighborhoods south and west of the CSU Main Campus. Subarea plans are a key component in implementing the City Plan vision to create an overall community that is innovative, sustainable and connected. The West Central Area Plan will help citizens address a wide variety of challenges and opportunities to ensure that these neighborhoods continue to be great places to live, work, shop, learn and play. The Plan strives to provide policy, guidance and direction on three primary topics: Land Use and Neighborhood Character, Transportation and Mobility, and Open Space Networks. In addition, other subject areas include urban design, housing, community facilities, and a strategic approach to delivering effective public services. The Plan also includes new conceptual designs for Prospect Road and Lake Street (from Shields Street to College Avenue), which are intended to improve the safety and comfort of pedestrians, bicycles, buses and cars on both roadways. The Plan also considers various alternatives for making a range of improvements along Shields Street between Prospect Road and Laurel Street, including a potential grade-separated crossing. Extensive public outreach was conducted over the course of the planning process using a range of strategies. Beginning in January 2014 and concluding with an open house in March 2015, a broad range of citizens, a stakeholder committee, and various organizations have participated and contributed to the formation of the Plan. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. The approval of the West Central Area Plan contains two major components:  The first component addresses the vision, policies and action items related to Land Use and Neighborhood Character, Transportation and Mobility, and Open Space Networks. In addition, the Plan provides a preliminary analysis of potential improvements for Shields Street between Prospect Road and Laurel Street with an emphasis on safe crossings for bicyclists and pedestrians at key intersections, including a potential grade-separated crossing.  The second component is more focused on transportation capital improvements with a primary emphasis on upgrading Prospect Road between College Avenue and Shields Street. In conjunction Packet Pg. 260 Agenda Item 12 Item # 12 Page 2 with revitalizing Prospect Road, improvements to Lake Street are recommended in order to supplement east-west travel for all modes. BACKGROUND / DISCUSSION The West Central Area Plan is an important roadmap that provides a clear but flexible framework to guide positive change and development over the next 20 years. The Plan is an update and builds upon the 1999 West Central Neighborhoods Plan which was the first sub-area plan to be implemented after the original adoption of City Plan in 1997. The adoption of the West Central Area Plan will result in repealing and replacing the 1999 West Central Neighborhoods Plan. The Plan includes three primary topic areas and corridor roadway designs: Land Use and Neighborhood Character, Transportation and Mobility (including an analysis of the Shields Corridor), Open Space Networks, and Prospect Road/Lake Street Conceptual Design. In addition, the Plan recognizes that the proposed CSU Stadium has been approved and various impacts have been identified that will need to be addressed. Relationship to City Plan and Other Plans City Plan, the City’s comprehensive plan, was updated in 2011, and provides the policy direction for continuing to improve specific neighborhoods: “Principle LIV 20: Subarea and corridor planning efforts will be developed and updated as needed, tailoring City Plan’s citywide perspective to more focused area of the community, such as individual neighborhoods, districts, corridors and edges.” “Policy LIV 20.3: Subarea plan policies are intended to supplement broader City Plan policies and provide additional guidance for specific areas.” The West Central Area Plan also builds upon the other key planning efforts:  Bicycle Master Plan (2014)  Nature in the City (anticipated adoption 2015)  Arterial Intersection Priority Study (ongoing)  Colorado State University Master Plan (2014) Topic Area One: Land Use and Neighborhood Character Overall Vision: When planning in the West Central Area, we will strive to preserve, enhance and create diverse and vibrant neighborhoods that provide a high quality of life for present and future generations. The vision is further defined as:  Desirable, safe, and attainable neighborhoods that are a source of pride  Conveniently located parks, trails, open space, services and employment  New development that is compatible with existing development  A range of incomes and a wide variety of housing options  Well-integrated campus community  A collaborative design process that respects neighborhood concerns The analysis of Land Use and Neighborhood Character includes a full discussion of the following sub-topic areas:  Areas Stability, Enhancement and Development  Code Enforcement and Education  Neighborhood Services  Neighborhood Character Packet Pg. 261 Agenda Item 12 Item # 12 Page 3 Action Items: The Implementation Summary identifies 49 action items devoted to Land Use and Neighborhood Character. Key action items include:  Support efforts to establish a Police Services sub-station in the Plan area  Fund an additional staff position to support the Neighborhood Services Department and the Community Liaison position  Form a joint City-CSU committee for ongoing coordination and planning  Fill in missing gaps and widen sidewalks, particularly narrow attached sidewalks  Add street trees, particularly along West Prospect Road west of Shields Street  Update Land Use Code standards related to design and compatibility of high-density development projects Topic Area Two: Transportation and Mobility (Includes Shields Corridor Analysis) Overall Vision: When planning in the West Central Area, we will strive to build a connected network that supports people safely walking, biking, or using public transit as a primary way to travel while balancing the need for efficient auto travel throughout the area. The vision is further defined as:  Safe routes to school, CSU, and other major destinations  Safe, reliable, arterial streets that are easy to cross and serve residents and commuters  Option for residents to live without a car  Reshaped and retrofitted streets that meet the needs of all ages, abilities, and modes  Safe and efficient travel by car with adequate, convenient parking  Improved transit service and convenient stops  Easy access to transit (including MAX) The analysis of Transportation and Mobility includes a full discussion of the following sub-topic areas:  Safe Routes  Multi-Modal Options  Street Retrofitting  Parking  Potential Intersection and Roadway Projects  Shields Corridor Analysis Action Items: The Implementation Summary identifies 35 action items devoted to Transportation and Mobility. Key action items include:  Complete the Shields Corridor Analysis to identify future improvement projects between Prospect Road and Laurel Street  Further evaluate transportation needs along West Elizabeth Street through the upcoming West Elizabeth Enhanced Travel Corridor (ETC) Plan  Retrofit Prospect Road west of Shields to include safe crossings, medians, and other safety and aesthetic improvements  Add intersection and roadway improvements to the citywide Capital Improvement Program  Monitor neighborhoods and implement Residential Parking Permit Program as needed Topic Area Three: Open Space Networks Overall Vision: When planning in the West Central Area, we will strive to establish a functional network of public and private lands that supports and connects wildlife, plants, and people. Packet Pg. 262 Agenda Item 12 Item # 12 Page 4 The vision is further defined as:  Access to nature, recreation, and environmental stewardship opportunities  Parks and open spaces that offer a variety of settings and experiences  Attractive urban landscape that supports habitat, character, and shade  Preserved and enhanced wildlife habitat and corridors  Comprehensive and ecological approach to stormwater management The analysis of Open Space Networks includes a full discussion of the following sub-topic areas:  Access to Parks and Open Space  Quality of Experience  Quantity and Location of Parks and Open Space  Alignment with Nature in the City Action Items: The Implementation Summary identifies 40 action items devoted to Open Space Networks. Key action items include:  Improve Lilac Park and coordinate with CSU and Gardens on Spring Creek  Upgrade two regional detention ponds: Skyline/Elizabeth, Taft/Glenmoor  Construct bridge crossings at three locations to connect neighborhoods  Pilot a residential tree canopy improvement project  Coordinate improvements, programs and code revisions with Nature in the City Topic Area Four: Prospect Road Corridor Overall Vision: When planning for the Prospect Corridor, we will strive to design and construct an attractive and functional, well-integrated, mixed-use corridor that serves the mobility needs of nearby neighborhoods, CSU and the community. The vision is further defined as:  Safe and comfortable corridor for all modes of travel  Safe crossings  Attractive gateway to campus, downtown, and midtown  Seamless connection to MAX Prospect Road between College Avenue and Shields Street has served our growing community since it was dedicated as a section line road with 60 feet of right-of-way in the nineteenth century. Since that time, the major improvements have been mostly limited to the key intersections. Even today, the width of the public right-of-way ranges generally between only 60 feet and 85 feet. In contrast, the standard for a constrained arterial roadway is 102 feet. The Plan strives to chart a path for improving Prospect Road in a practical manner while recognizing these existing constraints. Improvements to Lake Street are intended to relieve pressure off Prospect Road by providing significant upgrades for bicyclists and pedestrians. The overall approach for the conceptual designs for both Prospect Road and Lake Street is based on the following approach:  Provide holistic designs so that Prospect and Lake are connected  Develop a custom cross-section for Prospect that is narrower than standard while still providing improvements Packet Pg. 263 Agenda Item 12 Item # 12 Page 5  Maintain the right-of-way line on the south side in front of houses to minimize costs and right-of-way acquisitions  Focus right-of-way acquisition primarily on the north side, zoned HMN  Coordinate with CSU’s master plans and other approved plans for redevelopment Prospect Road - Conceptual Design Elements:  Four travel lanes  Center turn lane/median  Tree lawn  Detached sidewalk / shared bike and pedestrian path  Mid-block bike / pedestrian crossing  Transit stops / pullouts Lake Street - Conceptual Design Elements:  Two travel lanes  On-street parking  Protected bike lanes with planted buffer  Detached sidewalk  Tree lawn (selected locations)  Mid-block bike / pedestrian crossings  Transit stops CSU Stadium When planning in the West Central Area, we acknowledge the pending IGA with Colorado State University and will strive to continue to work with the University to mitigate potential short and long term impacts in order to preserve the quality of life in the surrounding neighborhoods. Traffic and Parking: To mitigate traffic, a Stadium Event Management Plan should consider temporary route adjustments and incorporate ways for Sheely/Wallenberg residents to be able to get in and out of their neighborhood. Public infrastructure improvements and wayfinding signs should be implemented to accommodate increased bicycle and pedestrian traffic, particularly crossing Prospect Road and Shields Street. An underpass at Prospect Road and Center Avenue would alleviate congestion and promote safety. Shuttle buses should be used between parking lots and the stadium. Noise: To mitigate the sound associated with games and concerts, there should be multiple speakers that are smaller and dispersed versus a large single source. Speakers should be narrow-cast and carefully aimed within the venue versus broad-cast over a large area. Massing at the south end of the stadium would help reduce decibel levels in the neighborhoods to the south. Concerts should be monitored and required to end at a specified time. Lighting: To mitigate lighting, all in-stadium fixtures should be aimed so that there is no spillover outside the venue. Again, massing at the south end would block spillover. Surrounding lighting should be down-directional with sharp cut-off light patterns versus flood lighting. Tailgating: To mitigate tailgating, pre and post-game activities should be directed to specific locations and not permitted within the neighborhoods. Note: Public comments on the stadium are included in Appendix B. Packet Pg. 264 Agenda Item 12 Item # 12 Page 6 CITY FINANCIAL IMPACTS A key finding of the Plan is that funding will be needed for one new staff position to support the Community Liaison Office in order to strengthen existing Neighborhood Services and Off-Campus Life partnership programs. This position would be responsible for implementing new programs. This funding is the exception as most all other actions items can be funded from existing sources. For example, effective implementation may require the formation of an interdepartmental team that is able to deliver a variety of services with a wide range of scale and complexity. While the exact make-up of this team has yet to be finalized, there may be a need to adjust staff time allotments and administrative support. Such organizational efforts are not anticipated to require new funding. The capital projects identified in the Plan are expected to be funded over time at the discretion of City Council and only through established procedures for funding prioritization. For Prospect Road and Lake Street, the Plan provides a cost estimate for the conceptual designs and identifies three distinct phases of funding and implementation; this approach is typical for a capital project of this magnitude. The Shields Street Corridor Analysis is ongoing. Smaller capital projects may seek to leverage opportunities afforded by grants from a variety of State and Federal sources or from existing programs such as the Street Maintenance Program. Additional funding could be pursued from existing funded capital project wherever a rational nexus allows. Most of the action items identified in the Implementation Summary can be accommodated within the existing budgetary framework for the various departments and service areas. Action items are spread out into a variety of timeframes (immediate, short-term, mid-term, and ongoing), so there remains flexibility on the funding sources. BOARD / COMMISSION RECOMMENDATION City Council Work Sessions The Plan has been presented to the City Council at the following work sessions:  August 26, 2014  November 25, 2014 In response to the November 25 Work Session, the Plan reflects the direction provided by City Council in the following manner:  Land Use and Neighborhood Character: the Conditional Rezoning process is not a recommendation item in the Plan and it is assumed that such a process would be initiated by applicants and not the City of Fort Collins.  Transportation and Mobility, the Plan provides an analysis of the Shields Corridor that explores options for a grade-separated crossing, as well as at-grade improvements to improve conditions for bicyclists and pedestrians crossing Shields Street.   Open Space Networks: the Plan emphasizes the benefits of wildlife movement in consideration of improving connectivity among open space areas in addition to recreational benefits. Also, the Plan recommends improvements to two regional, City-owned stormwater detention ponds in order to naturalize and improve the qualitative aspects of these open space tracts.  Prospect Corridor/Lake Street Design: the Plan provides a phasing plan for implementation and, through cooperation with CSU, includes for the future underpass at Center Avenue. The Plan also acknowledges the potential for partnering with CSU on various aspects of the future Lake Street Packet Pg. 265 Agenda Item 12 Item # 12 Page 7 improvements, and the Plan acknowledges that Prospect Road west of Shields Street would benefit from improved crossings and landscaping (shown in Appendix E). In addition to the two work sessions, separate memoranda were submitted to the City Council that indicated progress to date, next steps, opportunities for citizen participation, and the results of the triple bottom line analysis. BOARD / COMMISSION RECOMMENDATION On March 12, 2015, the Planning and Zoning Board will meet to make a recommendation to City Council. Results of the Board’s decision will be provided to the Council prior to the Council meeting. In addition, the following boards have taken formal action to support the Plan:  Parks and Recreation Board  Natural Resources Advisory Board  Transportation Board PUBLIC OUTREACH The following City boards and commissions and community organizations were consulted and participated in the formation of the West Central Area Plan: City Boards and Commissions:  Affordable Housing Board  Air Quality Advisory Board  Bicycle Advisory Committee  Commission on Disability  Land Conservation Stewardship Board  Landmark Preservation Commission  Natural Resources Advisory Board  Parking Advisory Board  Parks and Recreation Board  Planning and Zoning Board (4 work sessions)  Senior Advisory Board  Transportation Board Community Organizations:  Board of Realtors, Government Affairs Committee  Chamber of Commerce, Local Legislative Affairs Committee  ClimateWise Biz Ed Group  Turning Point Board of Directors  UniverCity Connections Transit & Mobility Task Force  Ongoing coordination with CSU staff In addition, valuable feedback was provided by the Stakeholder Committee which met formally six times over the last year. Ideas and concepts were exchanged in a spirit of cooperation, mutual respect, with a deep dedication to our community. Membership was diverse and included various interests representing the following:  Neighborhood residents  Business owners  Major landowners Packet Pg. 266 Agenda Item 12 Item # 12 Page 8  Apartment complex managers  CSU students and staff ATTACHMENTS 1. November 25 Work Session Summary (PDF) 2. Natural Resources Advisory Board Recommendation, February 19, 2015 (PDF) 3. Parks and Recreation Board minutes, February 25, 2015 (draft) (PDF) 4. Transportation Board minutes, February 18, 2015 (draft) (PDF) 5. PowerPoint Presentation (PDF) Packet Pg. 267 ATTACHMENT 1 Packet Pg. 268 Attachment12.1: November 25 Work Session Summary (2992 : West Central Area Plan) Packet Pg. 269 Attachment12.1: November 25 Work Session Summary (2992 : West Central Area Plan) Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE: February 19, 2015 TO: Mayor and City Council Members FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB) SUBJECT: West Central Area Plan – Open Space Recommendations The NRAB endorses the Open Space Recommendations that are a portion of the update to the West Central Neighborhoods Plan. We received a briefing on the plan update at our last regular meeting, with particular attention given to the opportunities for additional open spaces and access to those areas. The Board was pleased to see how a variety of environmental concerns have been considered and integrated into the proposed plan. It is also gratifying to know that the draft “Nature in the City” effort is already earning dividends. Most of the questions from Board members dealt with the interface between the West Central Area and other areas of the city, particularly CSU and the Mason corridor. But the open space recommendations were considered solid and should contribute nicely to cross-cutting goals that support wildlife habitat, floodplain management, and greater public access. We urge Council to adopt these components of the draft plan in March. Please feel free to contact me if you have any questions regarding this recommendation. Respectfully Submitted, John Bartholow Chair, Natural Resources Advisory Board cc: Darin Atteberry Susie Gordon ATTACHMENT 2 Packet Pg. 270 Attachment12.2: Natural Resources Advisory Board Recommendation, February 19, 2015 (2992 : West Central Area Plan) ATTACHMENT 3 Packet Pg. 271 Attachment12.3: Parks and Recreation Board minutes, February 25, 2015 (draft) (2992 : West Central Area Plan) Packet Pg. 272 Attachment12.3: Parks and Recreation Board minutes, February 25, 2015 (draft) (2992 : West Central Area Plan) 2 6. BICYCLE ADVISORY COMMITTEE REPORT – Greg Oakes Boardmember Oakes was absent. 7. DISCUSSION/INFORMATIONAL ITEMS • 2014 Regional Transportation Plan Josh Johnson, North Front Range Metropolitan Planning Organization Transportation Planner, discussed the requirement of the MPO to develop a long-range transportation plan. He discussed the need for east-west connections and filling of bike route gaps in the region. Additionally, Mr. Johnson discussed the public outreach process the MPO has undertaken thus far. Becky Karasko, North Front Range MPO, stated the goal of this plan is to accurately reflect the existing transportation resources in the region. Jackson asked about possible ways for the MPO and/or this plan to help bridge the philosophical divide between the east and west sides of I-25. Ms. Karasko stated the MPO represents both side of I-25 to the best of its ability and noted moving people and goods through the region efficiently is a common goal for the region.  Bluetooth Traffic Data – Joe Olson, City Traffic Engineer Joe Olson, City Traffic Engineer, discussed the City’s former system used to measure transportation system performance and discussed the Bluetooth technology the City is now using to the measure performance of its transportation system, noting the data is completely anonymous. Additionally, Olson discussed the variations between travel times when CSU is in session and when it is not and the advantages of this type of data for the City. He detailed the differences between recurring and non-recurring congestion as well and discussed various congested areas around town. Olson stated there are approximately 30 tracking devices around town with a total cost of $140,000. 8. ACTION ITEMS • West Central Area Plan Amy Lewin, FC Moves Senior Transportation Planner, discussed the history of this plan and its current components. Lewin noted the plan does not currently have funding sources and will be incorporated into the larger City-wide prioritization process in order to acquire funding for the next steps. Thomas asked if any of the quarter-cent sales tax on the April ballot would be used for implementation of this plan, should it be approved. Lewin replied some of the BOB 2.0 programs could potentially include some of these steps. Lewin went on to discuss the Shields Street analysis which is now part of the plan and detailed the proposed plans for Prospect Road. Jackson noted City staff will be touring new CSU facilities and construction projects at the end of the month in hopes of developing collaborative opportunities. TRANSPORTATION BOARD February 18, 2015 (draft) ATTACHMENT 4 Packet Pg. 273 Attachment12.4: Transportation Board minutes, February 18, 2015 (draft) (2992 : West Central Area Plan) 3 Lewin went on to mention the West Elizabeth Enhanced Corridor Plan and requested Board feedback. Thomas asked if there is any way to assure voters that no BOB 2.0 dollars will be spent to fund CSU’s on-campus stadium. Jackson replied Council would need to make a specific policy direction. The Board had a brief discussion regarding items related specifically to game days versus items beneficial to the general public at all times. Thomas noted there is widespread opposition to the stadium which could potentially lead to less support for the BOB 2.0 package should the proposed projects not be able to be isolated from the stadium issue. Jackson noted terms could be defined as impacts as defined in the IGA which will be signed between the City and CSU. Jackson commended the Plan as a whole. Thomas asked if the Board could place a caveat on its support of the Plan that the City ensures the IGA with CSU covers all stadium-related expenses. Lewin noted the Plan itself does not go into details related to the stadium, except in the context of considerations and public process input. Jackson suggested language involving a clear identification of costs to be borne by CSU as the process moves forward. Thomas made a motion, seconded by Shenk, that the Board accept and endorse the transportation recommendations as spelled out in the West Central Area Plan, but also encourages a clear identification of the infrastructure costs to be borne directly by CSU as a result of the on-campus stadium impacts as part of the negotiations between the City and Colorado State University. Simonson expressed concern regarding the language addition and its relationship to the election. The Board held a discussion regarding the motion wording. The motion was adopted unanimously.  Recommendation for a Roundabout at Lincoln/International Boulevard Marc Virata, Engineering, stated this intersection will likely be built as part of the Capstone Cottages development. Martina Wilkinson, Traffic Operations, stated there are two options for the development of this intersection, a traditional signalized intersection and a single-lane roundabout, and discussed the impacts of each, noting the roundabout requires less right-of-way and is less expensive. Wilkinson also stated roundabouts are safer for bicyclists and pedestrians and discussed the maintenance costs of both types of intersections. Virata noted the sustainability assessment of the roundabout proposal indicated this is a positive project. Packet Pg. 274 Attachment12.4: Transportation Board minutes, February 18, 2015 (draft) (2992 : West Central Area Plan) 1 City Council Regular Meeting Resolution 2015-038 March 17, 2015 Ted Shepard, Chief Planner Amy Lewin, Senior Transportation Planner Rebecca Everette, City Planner ATTACHMENT 5 Packet Pg. 275 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 2 Project Overview • Update to 1999 Plan • Address ongoing & emerging issues • ~12 month process Packet Pg. 276 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 3 Community Engagement • 4 Listening Sessions • 20 Walking & Bike Tours • 2 Visioning Workshops • 2 Open Houses • 2 Prospect Corridor Workshops • 3 Online Surveys • Online WikiMap • Drake Road Farmers’ Market • CSU Lagoon Concert Series • Gardens on Spring Creek Events • Property Owner Outreach • Community Presentations Packet Pg. 277 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 4 Community Engagement City Boards & Commissions: • Affordable Housing Board • Air Quality Advisory Board • Bicycle Advisory Committee • Commission on Disability • Landmark Preservation Commission • Land Conservation & Stewardship Board • Natural Resources Advisory Board* • Parking Advisory Board • Parks & Recreation Board* • Planning & Zoning Board* • Senior Advisory Board • Transportation Board* *Recommendations to City Council Other Groups: • Board of Realtors • Chamber of Commerce • ClimateWise Biz Ed Group • UniverCity Connections Transit & Mobility Task Force Stakeholder Committee: • Neighborhood residents • Business owners • Major landowners • Apartment complex managers • CSU students and staff Packet Pg. 278 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 5 Land Use & Neighborhood Character Transportation & Mobility Open Space Networks Policies & Action Items Vision Implementation Summary Prospect Corridor Design Packet Pg. 279 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 6 • 100+ Action Items (more than half ongoing) • Timeframes – Immediate (within 120 days of adoption) – Short-Term (2015-2016) – Mid-Term (2017-2024) – Ongoing • Implementation Team – Inter-departmental – Annual Status Report – Performance Monitoring Implementation Summary Packet Pg. 280 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 7 Land Use & Neighborhood Character Transportation & Mobility Open Space Networks Policies & Action Items Vision Implementation Summary Prospect Corridor Design Land Use & Neighborhood Character Packet Pg. 281 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 8 Land Use & Neighborhood Character Key action items: • Police Services sub-station • Additional staff position for Neighborhood Services/Community Liaison • Joint City-CSU committee • Fill in missing sidewalks, widen narrow sidewalks • Update Land Use code standards re: design and compatibility of high- density development Packet Pg. 282 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 9 Land Use & Neighborhood Character Transportation & Mobility Open Space Networks Policies & Action Items Vision Implementation Summary Prospect Corridor Design Land Use & Neighborhood Character Transportation & Mobility Packet Pg. 283 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 10 Transportation & Mobility Key action items: • Complete Shields Corridor Analysis • West Elizabeth Enhanced Travel Corridor (ETC) project • Retrofit West Prospect Road (west of Shields) • Add intersection and roadway improvements to citywide CIP • Bike & pedestrian priority snow removal routes • Template for retrofitting sidewalks • Monitor neighborhoods and implement Residential Parking Permit Program as needed Packet Pg. 284 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 11 • Updated cross-sections (Prospect to Laurel) • Median installations • At-grade crossing improvements • Grade-separated crossings • Roadway realignments – Pitkin/Springfield – Lake/Bennett Shields Corridor Analysis Packet Pg. 285 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 12 Land Use & Neighborhood Character Transportation & Mobility Open Space Networks Policies & Action Items Vision Implementation Summary Prospect Corridor Design Land Use & Neighborhood Character Open Space Networks Packet Pg. 286 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 13 Key action items: • Nature in the City implementation • Neighborhood tree canopy pilot program • Lilac Park outreach • Upgrade two regional detention ponds • Construct bridge crossings to connect neighborhoods Open Space Networks Packet Pg. 287 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 14 Land Use & Neighborhood Character Transportation & Mobility Open Space Networks Policies & Action Items Vision Implementation Summary Prospect Corridor Design Land Use & Neighborhood Character Prospect Corridor Design Packet Pg. 288 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 15 • Design Prospect & Lake to complement each other as one corridor • Custom cross-section for Prospect—narrower than standard • Maintain right-of-way (ROW) line along south side residential to minimize construction costs & ROW impacts • Focus ROW impacts on areas likely to redevelop • Coordinate with CSU and other redevelopment plans Design Approach Packet Pg. 289 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 16 Prospect Conceptual Design – Shields to College • Four travel lanes • Center turn lane/median • Tree lawn • Detached sidewalk/shared bike and pedestrian path • Mid-block bike/pedestrian crossing • Transit stops/pullouts Packet Pg. 290 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 17 Lake Conceptual Design – Shields to College • Two travel lanes • On-street parking • Protected bike lanes with planted buffer • Detached sidewalk • Tree lawn (select locations) • Mid-block bike/pedestrian crossings • Transit stops/pullouts Packet Pg. 291 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 18 CSU Stadium • Discussed throughout the planning process • Referenced in the plan document • CSU Stadium Considerations Appendix: – Addresses considerations related to the West Central Area Plan policies – Public comment collected during the West Central Area Plan process – Alignment of specific improvements with the IGA Packet Pg. 292 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) 19 Resolution 2015-038 • Adoption of the West Central Area Plan Packet Pg. 293 Attachment12.5: PowerPoint Presentation (2992 : West Central Area Plan) - 1 - RESOLUTION 2015-038 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE WEST CENTRAL AREA PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY AND REPEALING THE WEST CENTRAL NEIGHBORHOODS PLAN AS AN ELEMENT OF THE CITY’S COMPREHENSIVE PLAN WHEREAS, by Resolution 1999-033, the Council of the City of Fort Collins adopted the West Central Neighborhoods Plan as an element of the Comprehensive Plan of the City; and WHEREAS, the West Central Area Plan (the “Plan”) updates and builds upon the West Central Neighborhoods Plan and is intended to replace the West Central Neighborhoods Plan; and WHEREAS, the purpose of the Plan is to help citizens address a wide variety of challenges and opportunities to ensure that the West Central Area neighborhoods continue to exist as desirable places to live, work, shop, learn and play; and WHEREAS, the Plan has as its purpose the provision of policy, guidance and direction on three primary topics, being: land use and neighborhood character, transportation and mobility, and open space networks; and WHEREAS, additional subject areas included in the Plan are urban design, housing, community facilities, and a strategic approach to delivering effective public services; and WHEREAS, the Plan also includes new conceptual designs for Prospect Road and Lake Street (from Shields Street to College Avenue) which are intended to improve safety and comfort for pedestrians, bicyclists, buses and motor vehicles on both roadways; and WHEREAS, the Plan also offers various alternatives for making a range of improvements along Shields Street between Prospect Road and Laurel Street, including a potential grade- separated pedestrian crossing; and WHEREAS, the staff has conducted extensive public outreach over the course of the planning project, holding open houses involving a broad range of citizens, a stakeholder committee, two work sessions with the City Council, public outreach to numerous City boards and commissions and community organizations; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Plan be adopted as an element of the Comprehensive Plan of the City and that the West Central Neighborhoods Plan be repealed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the West Central Area Plan, a copy of which is attached hereto as Exhibit “A”, be adopted as an element of the Comprehensive Plan of the City and that the West Central Neighborhoods Plan be repealed as an element of the Comprehensive Plan of the City. Packet Pg. 294 - 2 - 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 Packet Pg. 295 Click here to view the West Central Area Plan ‐ West Central Area Plan Packet Pg. 296 Attachment1: Exhibit A (3009 : West Central Area Plan - RES) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY March 17, 2015 City Council STAFF Lindsay Ex, Interim Customer & Admin Svcs Mgr Justin Scharton, Environmental Planner SUBJECT Resolution 2015-039 Adopting the Nature in the City Strategic Plan as an Element of the Comprehensive Plan of the City. EXECUTIVE SUMMARY The purpose of this item is to seek City Council approval of the Nature in the City Strategic Plan as an element of the City's Comprehensive Plan. Nature is a defining characteristic of Fort Collins; the community has a 40- year history of protecting nature in the city and region. Nature in the City is a long-term planning effort that capitalizes on these efforts to protect and integrate nature into the community’s fabric through a variety of regulatory, policy, outreach and collaborative solutions on public and private lands. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. Approval of the Nature in the City Strategic Plan includes a final plan document, which details the following:  Plan vision, goals and objectives  Planning process, including the triple-bottom-line approach to the Inventory and Assessment and extensive public engagement process  Policy recommendations based on five policy areas: connectivity, land use and development, City practices and policy coordination, long-term monitoring, and funding and incentives  Plan evaluation and implementation In addition, the final plan document includes several Appendices, which detail:  Glossary of terms  A detailed description of the Inventory and Assessment  Definition of nature  10-minute walk rationale  Potential funding sources to implement the Plan BACKGROUND / DISCUSSION The Nature in the City Strategic Plan establishes a vision and a comprehensive set of policies and implementation actions to ensure an accessible and connected network of nature for people, plants, and wildlife. Nature in the City is a visionary approach to preserving and enhancing our quality of life now and for future generations. This initiative is part of the City’s comprehensive efforts to ensure nature remains a defining attribute of our community. As Fort Collins grows in population and as infill and redevelopment continue to urbanize the community, having a defined Plan and approach to ensure there is always nature within the city’s Packet Pg. 297 Agenda Item 13 Item # 13 Page 2 boundaries is an essential part of protecting a critical value of our city. Over the past 15 months, staff has worked collaboratively with 17 City departments; four Colorado State University departments; an external Citizens Advisory Committee, including stakeholders from environmental, social, and economic perspectives; seven City boards and commissions and more than 1,000 residents to arrive at the Strategic Plan being presented to Council. Plan Vision and Goals: “To provide a connected open space network accessible to the entire community that provides a variety of experiences and functional habitat for people, plants and wildlife.” Three goals are outlined in the Plan to achieve the project’s vision:  Easy Access to Nature: Ensure every resident is within a 10-minute walk to nature from their home or workplace.  High Quality Natural Spaces: Conserve, create and enhance natural spaces to provide diverse social and ecological opportunities.  Land Stewardship: Shift the landscape aesthetic to more diverse forms that support healthy environments for people and wildlife. Recommended Policies and Key Outcomes To achieve the Plan’s vision and goals, five policy areas (containing 28 policies) have been developed: Connectivity: A central theme of the Nature in the City Strategic Plan is the importance of creating a connected open space network that all residents and wildlife can easily access. This concept is based the rationale that residents are willing to walk approximately 10 minutes before resorting to automobile transportation. The connectivity policies are designed to achieve a number of outcomes, including: Key Outcomes for the Connectivity Policy Area  A connected system of nature for people and wildlife  Access to nature via public transportation  Innovative wayfinding and interpretation information  A vibrant, connected Poudre River Land Use and Development: As the City grows toward its buildout population, this Plan anticipates how to incorporate nature into the increasingly urban environment in two ways: (1) through development or redevelopment and (2) through existing neighborhoods. The Land Use Code, which governs new development and areas that redevelop, is a critical tool for incorporating nature into areas undergoing changes in land use or urban intensification. There are many neighborhoods, businesses and districts in the City not poised to redevelop, but that have expressed an interest in incorporating greater access or higher quality experiences with nature. Key Outcomes for the Land Use and Development Policy Area  Flexible Land Use Code requirements for open space and vegetation structure and composition  Design guidelines and training resources to install and maintain natural spaces  Neighborhood-scale projects to create or enhance natural spaces  Partnerships with ditch companies to acknowledge the multiple values of ditches  Sustainable urban agricultural operations City Practices and Policy Coordination: The purpose of this policy area is to ensure the integration of Packet Pg. 298 Agenda Item 13 Item # 13 Page 3 Nature in the City principles into existing City Programs and to incorporate these principles into future planning efforts. One of the major charges of Nature in the City is to seize upon and create opportunities to coordinate with development, infrastructure, and other plans and policies to incorporate nature where appropriate. Key Outcomes for the City Practices and Policy Coordination Policy Area  City mowing and spraying operations align with best management practices, ensure habitat protection, and meet public safety and aesthetic requirements  A darker night sky  Naturalistic streetscapes where appropriate  Quieter community for people and wildlife  Updated stormwater practices aligned with Nature in the City  Celebration of nature Long-term Monitoring: This policy area encourages the development of specific targets and long-term monitoring programs, e.g., citizen monitoring, to aid the City in assessing whether it is on track to achieve the goals established in this plan and what additional policies may need to be developed to achieve the Nature in the City vision. Key Outcomes for the Long-Term Monitoring Policy Area  Comprehensive biodiversity goal for public and private land  Community/regional standards for economic valuation of ecosystems services  Projects that support greenhouse gas emissions reductions detailed in the City Climate Action Plan  Long-term monitoring program that tracks key indicator species Funding and Incentives: During the public outreach for Nature in the City, participants said they would like to incorporate nature into their homes or businesses, but didn’t have the technical knowledge to do so, and perceived increased costs as a barrier. Financial and other types of incentives, e.g., recognition-based programs such as LEED (Leadership in Energy and Environmental Design) certification, are important to help overcome these barriers. Key Outcomes for the Funding and Incentives Policy Area  Ongoing funding for program support and project-specific improvements  A variety of incentives that help landowners, business owners and others implement Nature in the City projects Implementation Chapter 4 of the Plan addresses Plan Evaluation and Implementation. The Plan evaluation section includes a set of proposed performance indicators, two of which can begin to be measured in 2015 and others that will need to be developed after specific implementation items are complete. The Plan implementation section is divided into short-term (2015-2016), mid-term (2017-2020), and long-term (2021 and beyond) actions. Based on feedback from the business community during the outreach process, estimated costs are also included for each implementation strategy. In addition, Appendix E outlines potential funding sources for implementing the Plan. Packet Pg. 299 Agenda Item 13 Item # 13 Page 4 CITY FINANCIAL IMPACTS As a strategic plan, the Resolution does not have a direct financial impact on the City. The strategy will direct City staff in the development of individual implementation items, including the connectivity analyses (people and wildlife), development of incentives for engaging existing neighborhoods, businesses, and residents in incorporating nature into their projects, long-term monitoring efforts, and other programs that may have direct financial impact. Any plan, program, or efforts, including possible staffing, that require budget authorization by City Council at some future date will include detailed analysis of financial impacts. BOARD / COMMISSION RECOMMENDATION The following boards and commissions have formally endorsed the Nature in the City Strategic Plan:  Land Conservation and Stewardship Board, February 11, 2015 (Attachment 4)  Economic Advisory Commission, February 18, 2015 (Attachment 5)  Natural Resources Advisory Board, February 18, 2015 (Attachment 6)  Parks and Recreation Board, February 25, 2015 (Attachment 7)  Senior Advisory Board, February 11, 2015 (Attachment 8) Staff has also presented to and received general support from the Commission on Disability during its February meeting. Staff is presenting the Plan to the Planning and Zoning Board at its March 12, 2015 Hearing and will provide feedback from the Board in a read-before memo to City Council on March 17. Staff has presented to the Planning and Zoning Board during four work sessions since the beginning of the project and has received general support for the planning effort to date. PUBLIC OUTREACH The Draft Plan was available for public review from February 9-22, 2015. Seven City boards and commissions and numerous stakeholder groups provided feedback on the Draft Plan; feedback was also received during the February 19 open house. In general, feedback focused on making a more explicit link throughout the Plan between the project and the economic benefits nature provides to the community, more strongly linking educational opportunities into the various policies, and updating the Plan for typos, grammar, punctuation, etc. Each of these pieces of feedback has been incorporated into the final Plan. In addition to the efforts associated with the Draft Plan, the following community organizations were consulted and provided input into the overall Nature in the City effort: Community Organizations  Board of Realtors  Chamber of Commerce, Local Legislative Affairs Committee  Three CSU Classes  Northern Colorado Economic Development Commission  Convention and Visitors Bureau  Save the Poudre  Audubon Society  UC Health/Coalition for Activity and Nutrition to Defeat Obesity  Common Ground Food School  IBMC  Teaching Tree Early Childhood Center  South Fort Collins Business Association Packet Pg. 300 Agenda Item 13 Item # 13 Page 5  North Fort Collins Business Association  Riversong School  La Familia  Rocky Mountain High School For a full list of outreach efforts, please see Appendix B3 in the Strategic Plan. ATTACHMENTS 1. Work Session Summary, October 28, 2014 (PDF) 2. Public Engagement Plan (PDF) 3. Triple Bottom Line Analysis (PDF) 4. Land Conservation Stewardship Board Letter, February 25, 2015 (PDF) 5. Economic Advisory Commission Letter, March 3, 2015 (PDF) 6. Natural Resources Advisory Board Letter, February 19, 2015 (PDF) 7. Parks and Recreation Board Minutes, February 25, 2015 (PDF) 8. Senior Advisory Board minutes, February 11, 2015 (PDF) 9. Powerpoint Presentation (PDF) Packet Pg. 301 ATTACHMENT 1 Packet Pg. 302 Attachment13.1: Work Session Summary, October 28, 2014 (2979 : Nature in the City) PUBLIC ENGAGEMENT PLAN PROJECT TITLE: NATURE IN THE CITY OVERALL PUBLIC INVOLVEMENT LEVEL: Involve/Collaborate KEY STAKEHOLDERS: x City Departments, especially Natural Areas, Utilities, Parks, and Sustainability x Colorado State University, e.g., Conservation Development Research Team and the Institute for Built Environment x Business Associations, development community and design professionals x Environmental groups x Interested citizens, general public x Poudre School District x CanDo x Homeowners Associations x Larimer County BOTTOM LINE QUESTION: As our development patterns change from greenfield development to infill and redevelopment, how do we ensure every citizen access to nature? TIMELINE: November 2013 – March 2015 Phase 1: Involve/Collaborate Timeframe: November 2013 – August 2014 Description: This phase will assess our existing assets/gaps of Nature in the City from a triple bottom line perspective. The public engagement will focus on collecting data to support the inventory/assessment. Key Messages: x We will solicit feedback on what we mean by access to nature, e.g., develop a spectrum (based on feedback) of what ideal vs. acceptable. vs. unacceptable access to nature looks like x We want to understand what areas, species, and other aspects of nature are important to our community, e.g., we could ask questions such as the following: o Where are the special places you like to visit? What spaces do you walk/bike/drive to/through? o What species are important to you? Where do you see them? o What are key viewsheds or viewing corridors? Do you see these when walking, driving, etc.? o What spaces do you want to make sure we don’t lose? o What does nature in the city mean to you? (nature within city limits/growth management area) x We are assessing where the gaps and opportunities are within our existing natural system from a triple bottom line perspective. Tools and Techniques x Social media – website, facebook, twitter, Idea Lab, Next Door – to solicit initial ideas, announce events, and for project updates x Citizens Advisory Committee – to help frame questions, design public engagement efforts, and provide feedback on project direction x Open House/Focus Groups/Survey – to solicit responses on overall questions x Online, Interactive Mapping Tool and Survey – to solicit responses from a spatial perspective to the above- listed questions x Boards/Commissions/Council – for feedback and direction x Inventory – provides opportunity to engage with the public and share the project’s messages 1 Nature in the City – Draft Public Engagement Plan ATTACHMENT 2 Packet Pg. 303 Attachment13.2: Public Engagement Plan (2979 : Nature in the City) PHASE 2: Involve/Collaborate Timeframe: August 2014 – December 2014 Description: This phase will focus on understanding our opportunities and challenges based on the assessment. A strategic plan will be developed to address the critical issues uncovered in Phase One. Key Messages: x Now that we understand where the gaps/strength areas are, what strategies should be prioritized to fill in those gaps? x What policies should be established to ensure that these strategies are implemented, e.g., a policy of a 10- minute walk to accessible nature? x We’re seeking to align various efforts between departments Tools and Techniques: x Social media – website, facebook, twitter, Next Door –announce events, project updates x Citizens Advisory Committee – to review data collected, identify strategies for filling in the gaps x Open House/Focus Groups – review proposed strategies and offer additional ideas/strategies x Boards/Commissions/Council – for recommendations and adoption PHASE 3: Inform and Consult Timeframe: December 2014 – March 2015 Description: This final phase will be the development of regulatory changes, e.g., the development review process, and/or design guidelines to help implement the strategic plan adopted in Phase 2. Key Messages: x We’re developing the tools necessary to implement the strategic plan, e.g., what tools can a resident, business owner, or developer utilize to incorporate Nature in the City? x We’re developing incentives (other tools?) to encourage Nature in the City elements in the gap areas identified in the City. Tools and Techniques: x Social media – website, facebook, twitter, Next Door –announce events, project updates x Citizens Advisory Committee – review regulatory changes proposed, offer suggestions x Open House/Focus Groups – review proposed strategies and offer additional ideas/strategies x Boards/Commissions/Council – for recommendations and adoption 2 Nature in the City – Draft Public Engagement Plan Packet Pg. 304 Attachment13.2: Public Engagement Plan (2979 : Nature in the City) Triple Bottom Line Analysis Map (TBLAM) Project or Decision: Nature in the City brainstorm and discussion, post-breakout session Evaluated by: City-wide interdisciplinary team of staff experts Social Economic Environmental STRENGTHS: x Improves understanding of current access and potential gaps x Current population in the City understands and recognizes the benefits of natural and ecological functions and assets x Willingness to pay for access to nature, e.g., HOAs x Maintain and improve local habitat for species x Topic supports City Plan and other master plans – alignment with adopted plans x Bring awareness to pocket areas in town that have been neglected x Bragging rights for the City – demonstration community STRENGTHS: x As land redevelops, how do we still accommodate nature/natural amenities? x Willingness to pay for access to nature, e.g., HOAs x Could stimulate reinvestment in certain areas in close proximity to natural assets, e.g., Odell Brewing Co.- for both home owners and businesses x Bragging rights for the City – demonstration community STRENGTHS: x Improves understanding of current access and potential gaps x Willingness to pay for access to nature, e.g., HOAs x Maintain and improve local habitat for species x Bring awareness to pocket areas in town that have been neglected x Bragging rights for the City – demonstration community x Identifying and protecting informal natural areas x Process could discover new environmental assets x Improves our understanding of connectivity between habitat patches x Gain better understanding of what wildlife and vegetation we have in the City LIMITATIONS: x As land redevelops, how do we still accommodate nature/natural amenities? x Intentions not aligned with expectations – not everyone wants wildlife in their backyard, conflicting opinions on this issue x Existing policies/regulations may not be in alignment with this project’s vision x Outdated GIS layers x Existing ditch system structure not conducive to multi- functional use of land x Private property concerns, government involvement and how far we go with regulating this x Defining nature is difficult, which could make establishing a baseline experience difficult, e.g., how do we convey that a “poor quality area” from an ecological perspective still has value? x How do we balance the need for smart growth with the need for environmental protection? When there is a conflict, who wins? OPPORTUNITIES: x Collaboration potential between neighbors and developers x To make some areas multi-functional, multi-jurisdictional x Partnerships with PSD and CSU, provide kids to access, ensure 10 minute walk to schools x Opportunities for public/private partnerships in building, maintaining, etc. x Collaboration at the local level could lend itself towards enhanced neighborhood cohesion – enhance social cohesion x Opportunity for ownership in small pockets of the community x Improved air and water quality with more natural systems x Revisit policies to obtain alignment, e.g., irrigation ditches x Update GIS layers x Build on existing programs, e.g., Climatewise and Certified Natural Areas, and alignment with City’s vision x As redevelopment occurs, opportunity to increase access to nature, and we could be a demonstration of what’s possible x More progressive legal strategies, other tools in our conservation toolbox x Create the processes for collaborations to occur, e.g., Prospect and Timberline or residences x Bring in the irrigation ditch system x Incentivize residential landscaping as opposed to regulating it, shift landscape aesthetic x Encourage volunteerism through incentives x Honor and recognize competing missions – find a way to support them both and ID what collaborations arise x Greater access to the environment – create more chances for positive interactions, better stewardship of nature and the environment x New inventory data collection presents an opportunity to make “discoveries”. Also an opportunity to share the data (discoveries) with the public. May enhance the experience at sites. x Promote the relationship between physical health and the environment x Opportunity to educate neighbors that “Nature Areas” with taller grasses do not necessarily mean that homes are more vulnerable to wild fires. This would help to educate neighbors of City-owned natural areas as well. OPPORTUNITIES: x Give bonus credits for providing access to nature or by locating a project within the 10 minute walking distance (Give bonus credits when considering public financing (URA, business assistance) if a property/business owner provides access to nature or by locating a project within the 10 minute walking distance) x x Opportunities for public/private partnerships in building, maintaining, etc. x Amenity that can be sellable, livability component that can affect a project’s bottom line x Property values increase when in close proximity to natural areas x Collaboration at the local level could lend itself towards enhanced neighborhood cohesion – enhance social cohesion x Improved air and water quality with more natural systems x Revisit policies to obtain alignment THREATS: x Could limit affordability of housing in Fort Collins x May need to find alignment with groups in towns they aren’t supportive of these types of efforts/plans (SDIC) x More interactions with nature may create more conflicts with nature x More access/more use could lead to degradation x Future population growth – could impact access, experience, x Maintenance costs could increase in native habitats, e.g., weed management, etc. x Enforcement of regulations could increase costs x More public lands = more removal of lands from the property tax roll and affects the budget x Conflict potential between neighbors and developers x Fear of “Nature Areas” providing fuel for fires. THREATS: x Could limit affordability of housing in Fort Collins x More access/more use could lead to degradation – more costs to maintain x Maintenance costs could increase in native habitats, e.g., weed management, etc. x Enforcement of regulations could increase costs x More public lands = more removal of lands from the property tax roll and affects the budget x Existing ditch system structure x Could affect affordability for businesses to relocate/expand in Fort Collins x Less public revenue to support these efforts, e.g., budget cuts, failed tax initiatives THREATS: x More interactions with nature may create more conflicts and/or safety concerns with nature x More access/more use could lead to degradation x Future population growth – could impact access, experience, x Maintenance costs could increase in native habitats, e.g., weed management, etc. NOTES: Form Completed January 2014 This form is based on research by the City of Olympia and Evergreen State College Packet Pg. 307 Attachment13.3: Triple Bottom Line Analysis (2979 : Nature in the City) Natural Areas Department 1745 Hoffman Mill Road PO Box 580 Fort Collins, CO 80522 970.416.2815 970.416.2211 - fax fcgov.com/naturalareas &ĞďƌƵĂƌLJϮϱ͕ϮϬϭϱ  ĞĂƌŝƚLJŽƵŶĐŝů͗ ƵƌŝŶŐƚŚĞ&ĞďƌƵĂƌLJϭϭ͕ϮϬϭϱ>ĂŶĚŽŶƐĞƌǀĂƚŝŽŶĂŶĚ^ƚĞǁĂƌĚƐŚŝƉŽĂƌĚŵĞĞƚŝŶŐ͕ƚŚĞŽĂƌĚ ƵŶĂŶŝŵŽƵƐůLJƌĞĐŽŵŵĞŶĚĞĚƚŚĂƚŽƵŶĐŝůĂĚŽƉƚƚŚĞEĂƚƵƌĞŝŶƚŚĞŝƚLJ^ƚƌĂƚĞŐŝĐWůĂŶ͘dŚĞŽĂƌĚƐĞĞƐ ƐŝŐŶŝĨŝĐĂŶƚŽƉƉŽƌƚƵŶŝƚŝĞƐƚŽůĞǀĞƌĂŐĞƚŚĞĞdžŝƐƚŝŶŐǁŽƌŬƚŚĂƚEĂƚƵƌĂůƌĞĂƐĂŶĚŽƚŚĞƌĚĞƉĂƌƚŵĞŶƚƐĂƌĞ ĐŽŶĚƵĐƚŝŶŐƚŽĞŶƐƵƌĞƚŚĂƚƌĞƐŝĚĞŶƚƐŚĂǀĞĂĐĐĞƐƐƚŽŚŝŐŚͲƋƵĂůŝƚLJŶĂƚƵƌĂůĞŶǀŝƌŽŶŵĞŶƚƐƚŚĂƚƐƵƉƉŽƌƚĂƌŝĐŚ ĚŝǀĞƌƐŝƚLJŽĨƉůĂŶƚĂŶĚĂŶŝŵĂůůŝĨĞǁŝƚŚŝŶŽƵƌƵƌďĂŶďŽƵŶĚĂƌŝĞƐ͘  /ŶĂĚĚŝƚŝŽŶƚŽŽƵƌĞŶƚŚƵƐŝĂƐƚŝĐƐƵƉƉŽƌƚĨŽƌƚŚĞWůĂŶ͕ƚŚĞŽĂƌĚĂůƐŽǁŝƐŚĞĚƚŽŵĂŬĞƚŚĞĨŽůůŽǁŝŶŐ ĐŽŵŵĞŶƚƐŽŶƚŚĞWůĂŶĂŶĚŝƚƐŝŵƉůĞŵĞŶƚĂƚŝŽŶ͗  ϭ͘ /ŶŽƌĚĞƌƚŽƐƵĐĐĞƐƐĨƵůůLJŝŵƉůĞŵĞŶƚƚŚŝƐWůĂŶ͕ƚŚĞŽĂƌĚƌĞĐŽŵŵĞŶĚƐŽƵŶĐŝůŵŽǀĞŝŵŵĞĚŝĂƚĞůLJ ƚŽŚŝƌĞĂĨƵůůͲƚŝŵĞƐƚĂĨĨŵĞŵďĞƌƚŽĐŽŽƌĚŝŶĂƚĞƚŚĞŝŵƉůĞŵĞŶƚĂƚŝŽŶŽĨEĂƚƵƌĞŝŶƚŚĞŝƚLJ͘dŚŝƐ ƉŽƐŝƚŝŽŶƐŚŽƵůĚďĞĨƵŶĚĞĚĨƌŽŵƚŚĞ'ĞŶĞƌĂů&ƵŶĚĂŶĚƌĞŵĂŝŶŝŶƚŚĞŽŵŵƵŶŝƚLJĂŶĚ EĞŝŐŚďŽƌŚŽŽĚ^ĞƌǀŝĐĞƐĞƉĂƌƚŵĞŶƚƚŽĨĂĐŝůŝƚĂƚĞŵƵůƚŝƉůĞŝƚLJĚĞƉĂƌƚŵĞŶƚĂŶĚĐŽŵŵƵŶŝƚLJ ĐŽůůĂďŽƌĂƚŝŽŶ͘tŚŝůĞƚŚŝƐƌĞĐŽŵŵĞŶĚĂƚŝŽŶĐŽŵĞƐŽƵƚƐŝĚĞŽĨĂŶŽĨĨŝĐŝĂůďƵĚŐĞƚĐLJĐůĞ͕ƚŚĞŐŽĂůƐ ĂŶĚŝŵƉůĞŵĞŶƚĂƚŝŽŶƐƚƌĂƚĞŐLJŽƵƚůŝŶĞĚŝŶƚŚĞWůĂŶĐĂŶŶŽƚǁĂŝƚƵŶƚŝůϮϬϭϳŝŶŽƌĚĞƌƚŽďĞƐƚĂĨĨĞĚ͘ Ϯ͘ ůƐŽĐƌŝƚŝĐĂůƚŽƚŚĞƐƵĐĐĞƐƐŽĨƚŚĞWůĂŶ͛ƐŝŵƉůĞŵĞŶƚĂƚŝŽŶǁŝůůďĞƚŽƐĞĞŬĚŝǀĞƌƐŝĨŝĞĚĨƵŶĚŝŶŐ ƐŽƵƌĐĞƐ͘ĐŽŵďŝŶĂƚŝŽŶŽĨ'ĞŶĞƌĂů&ƵŶĚ͕ŽƵƚƐŝĚĞĨƵŶĚŝŶŐƐŽƵƌĐĞƐ͕ĂƐǁĞůůĂƐŽƚŚĞƌĞdžŝƐƚŝŶŐ ƌĞƐŽƵƌĐĞƐƐŚŽƵůĚĂůůďĞĐŽŶƐŝĚĞƌĞĚ͘ ϯ͘ ^ƚĂĨĨĂŶĚŽƵŶĐŝůƐŚŽƵůĚŶŽƚǁĂŝƚƚŽĨŽĐƵƐŽŶƚŚĞĂĐƋƵŝƐŝƚŝŽŶĂƐƉĞĐƚƐŽĨƚŚŝƐWůĂŶ͘WƌŽƉĞƌƚLJ ƉƌŝĐĞƐĂƌĞƌŝƐŝŶŐĚƌĂŵĂƚŝĐĂůůLJĂŶĚƉƌŽƉĞƌƚŝĞƐĂƌĞƐĞůůŝŶŐƋƵŝĐŬůLJ͘/ƚŝƐƵƌŐĞŶƚƚŽŵŽǀĞŶŽǁŽŶ ƉĂƌĐĞůĂĐƋƵŝƐŝƚŝŽŶŝĨƐƵĐŚĂĐƋƵŝƐŝƚŝŽŶĂůŝŐŶƐǁŝƚŚƚŚĞŐŽĂůƐŽĨƚŚĞWůĂŶ͘  dŚĂŶŬLJŽƵĨŽƌLJŽƵƌĚĞůŝďĞƌĂƚŝŽŶŽĨƚŚĞŽĂƌĚ͛ƐƌĞĐŽŵŵĞŶĚĂƚŝŽŶĂƐLJŽƵĐŽŶƐŝĚĞƌƚŚĞĂĚŽƉƚŝŽŶŽĨƚŚŝƐ WůĂŶ͘tĞƵƌŐĞLJŽƵƚŽƐǁŝĨƚůLJĂĚŽƉƚƚŚŝƐWůĂŶ͕ƐŽƚŚĂƚŝŵƉůĞŵĞŶƚĂƚŝŽŶĐĂŶďĞŐŝŶŝŵŵĞĚŝĂƚĞůLJ͘tĞ ĐŽŵƉůŝŵĞŶƚƚŚĞƚĞĂŵŽŶƚŚĞŝƌĞdžĐĞůůĞŶƚǁŽƌŬƚŽĚĂƚĞŽŶEĂƚƵƌĞŝŶƚŚĞŝƚLJ͘  ^ŝŶĐĞƌĞůLJ͕  <ĞŶƚ>ĞŝĞƌ͕ŚĂŝƌ >ĂŶĚŽŶƐĞƌǀĂƚŝŽŶĂŶĚ^ƚĞǁĂƌĚƐŚŝƉŽĂƌĚ ATTACHMENT 4 Packet Pg. 308 Attachment13.4: Land Conservation Stewardship Board Letter, February 25, 2015 (2979 : Nature in the City) Boards & Commissions 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.416.2525 970.224.6107 - fax fcgov.com MEMORANDUM The Economic Advisory Commission (EAC) was generally very supportive of the Nature in the City Draft Strategic Plan (Draft Plan). In addition, the EAC wanted to share some thoughts from our discussion related to this item for the City Council to consider in its review of the Plan:  The plan needs to be clearer and more explicit about the economic benefits of the Draft Plan;  The development of a clear financing plan should be included during implementation; and  Greater specificity of cost impacts on development and business would have been helpful in evaluating the plan – should definitely be included in implementation. Motion: Passed 6-0-1 “The Economic Advisory Commission recommends City Council pass the Nature in the City Strategic Plan.” DATE: March 3, 2015 TO: Mayor Karen Weitkunat and City Councilmembers CC: Darin Atteberry, City Manager FROM: Economic Advisory Commission RE: EAC Recommendation in support of Adopting the Nature in the City Strategic Plan ATTACHMENT 5 Packet Pg. 309 Attachment13.5: Economic Advisory Commission Letter, March 3, 2015 (2979 : Nature in the City) Environmental Services 215 N. Mason PO Box 580 Fort Collins, CO 80522 970.221-6600 970.224-6177 - fax fcgov.com MEMORANDUM NATURAL RESOURCES ADVISORY BOARD DATE: February 19, 2015 TO: Mayor and City Council Members FROM: John Bartholow, on behalf of the Natural Resources Advisory Board (NRAB) SUBJECT: Nature in the City Endorsement The Natural Resources Advisory Board has been a strong supporter of the Nature in the City (NIC) effort since its initiation. We have received multiple updates from staff as the ideas have evolved, and two of our members have been on the NIC technical advisory team. The Nature in the City strategic plan has evolved into a comprehensive planning document with wide-ranging implications. It appears to have been well thought out and, if implemented, will be a boon across a wide range of nature experiences in our otherwise ever-urbanizing environment. Further, we have already seen the benefits of this planning-to-plan in terms of cross-department communication. Though the NRAB did not review the entire strategic plan in detail, we did unanimously agree that Council should strongly consider endorsing the effort at your March 17 regular meeting. Respectfully submitted, John Bartholow Chair, Natural Resources Advisory Board cc: Darin Atteberry Susie Gordon ATTACHMENT 6 Packet Pg. 310 Attachment13.6: Natural Resources Advisory Board Letter, February 19, 2015 (2979 : Nature in the City) ATTACHMENT 7 Packet Pg. 311 Attachment13.7: Parks and Recreation Board Minutes, February 25, 2015 (2979 : Nature in the City) Packet Pg. 312 Attachment13.7: Parks and Recreation Board Minutes, February 25, 2015 (2979 : Nature in the City) III. Public Participation Irisa Luft- Here representing seniors IV. Presentation: Lindsay Ex-Nature in the City Presentation sent to board via e-mail. Questions arose regarding the night sky project and funding .Currently funding is proposed through existing programs (certified natural areas; neighborhood grants program) and the upcoming BOB2.0 which will be on the upcoming ballot. Since Joann Thomas has been the most involved with Nature in the City she has been enlisted to write a letter to present to City Council on behalf of the board. V. New Business A. Revisions to agenda to facilitate quicker response to proposed plans Usually the speakers are scheduled last which leaves no time to react and discuss what we would like to respond and send off. Diane Smith would like to propose moving the speaker right after public participation, the board agrees. B. Education a. Action Plan 2015 Copies were placed in each members folder for review.  Update liaison roles encouraged to take a look and revisit next month when our new member is able to attend  Review commitments  Logging events, etc. Come each month prepared to report on open houses, events, surveys responded to, etc. so that it is easier to compile the Annual report at the end of the year and we can stay informed.  Definition of volunteer hours In the past we have stated that volunteer hours included everything we did for seniors, this year we are restating it as anything you have done that directly relates to the SAB; including letter writing, attending meetings, acting as liaison, etc. b.Letter about improving responses to City initiatives Diane Smith is formulating a letter to send to powers that be with a list of items that would be helpful for us as a board to respond to presentations faster and provide our input on projects. C. Outreach a. Update on Bridging the Gap b.Update on PAFC  Need to sign the MOU through the City of Fort Collins for the partnership c. Update on Senior Transportation Coalition Senior Advisory Board February 11, 2015 ATTACHMENT 8 Packet Pg. 313 Attachment13.8: Senior Advisory Board minutes, February 11, 2015 (2979 : Nature in the City) D. Advocacy a. Response Climate Change Action Plan Handout given by Diane Smith from a meeting she attended on the climate action plan framework for 2020, 2030, 2050. Concern about no mention of the changing demographics. Diane Smith is going to draft a letter in response without pinpointing areas we do not have enough information about. b.Update on BOBII & street maintenance Officially on the ballot now encouraged to research and decide if you are going to vote on the next ballot. c. Response to Nature in the City Appreciated the information in advance, majority of the board had a positive outlook with concern about public partnerships. Good balance between wildlife, commercial, residential. Joann Thomas is writing a letter in response since she is most closely associated with this sector. VI. Liaison Relationships VII. Presentation: Erica Glaze- Equal Employment Opportunity Investigate claims of disability and age discrimination. Important to know that there is no cap on age discrimination and there are so many accommodations available to keep individuals in the workforce longer or get back into the workforce. Looking at retirement now is different because individuals are staying in because they need to, not because they want to. Education the public on their rights if they find a violation and who to report it to. Averages about 10% of claims actually turn out to be violations. VIII. Adjourn Motion to adjourn by Jeanne Hoag seconded by Ann Leffler; meeting adjourned at 2:03 p.m. Signed, Ann Leffler Secretary ____________________________________________________ Ann Leffler, Secretary Packet Pg. 314 Attachment13.8: Senior Advisory Board minutes, February 11, 2015 (2979 : Nature in the City) 1 NATURE IN THE CITY City Council Presentation Lindsay Ex, Justin Scharton March 17, 2015 ATTACHMENT 9 Packet Pg. 315 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 2 ACTION REQUESTED Staff recommends adoption of the Nature in the City Strategic Plan Photo: Molly Rosey Packet Pg. 316 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 3 WHAT IS DRIVING THIS PROJECT? Administratively: • Council Work Plan (2014-2015) • City’s 2015-2016 Strategic Plan Community Perspective: • Rapidly changing development patterns • Concerns about access to nature • Concerns about preserving quality of life for people and wildlife Max Flats (Oz Architecture) Packet Pg. 317 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 4 WHAT IS THIS PROJECT’S FOCUS? • Complement existing programs by identifying linkages between public and private lands. • Ensuring access to nature in the urban environment; • Enhance or restore places throughout the City; • Seeking a variety of experiences at all scales; and • Illustrate how to incorporate nature into the urban environment Nashville Naturally Plan for Downtown (The Conservation Fund) Packet Pg. 318 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 5 THREE PROJECT PHASES Photo: Molly Rosey Jan-Oct 2014 Oct ‘14 – Mar ‘15 January ‘15 and Beyond Packet Pg. 319 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 6 PHASE 1: INVENTORY AND ASSESSMENT Photo: Julia Solveight Lagunes • Overall: Triple Bottom Line approach is driving the project • Environmental: Strong biodiversity throughout the City is dependent on land use and management objectives • Social: Priorities should emphasize (1) findings ways to escape from the urban environment; (2) wildlife, plants and trees, and (3) recreation opportunities; • Social and Economic: Strategies should emphasize connectivity and be cautious about overall costs Packet Pg. 320 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 7 PHASE 2: STRATEGIC PLAN What’s Included: • Vision and goals • Policy recommendations • Plan evaluation and implementation Packet Pg. 321 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 8 What’s Included: • Vision and goals • Policy recommendations • Plan evaluation and implementation PHASE 2: STRATEGIC PLAN Goal: Easy Access to Nature Policy: Increase connectivity for residents (10‐minute walk) Implementation: Conduct a connectivity analysis to assess gaps Packet Pg. 322 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 9 Goals: • Easy Access to Nature: Ensure every resident is within a 10- minute walk to nature from their home or workplace. • High Quality Natural Spaces: Conserve, create and enhance natural spaces to provide diverse social and ecological opportunities. • Land Stewardship: Shift the landscape aesthetic to more diverse forms that support healthy environments for people and wildlife. Vision: A connected open space network accessible to the entire community that provides a variety of experiences and functional habitat for people, plants, and wildlife Photo: John Bartholow Packet Pg. 323 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 10 • Connectivity • Land Use and Development • City Practices and Policy Coordination • Long-term Monitoring • Funding and Incentives FIVE POLICY AREAS Photo: Rosemarie Russo Packet Pg. 324 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 11 Key Outcomes: • Connected system of nature for people and wildlife • Access to nature via public transportation • Innovative wayfinding and interpretation information • A vibrant, connected Poudre River CONNECTIVITY Photo: bextradorinaryu Packet Pg. 325 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 12 Key Outcomes: • Flexible Land Use Code requirements for open space and vegetation structure and composition • Design guidelines and training resources to install and maintain natural spaces • Neighborhood-scale projects to create or enhance natural spaces • Partnerships with ditch companies to acknowledge the multiple value of ditches • Sustainable urban agricultural operations LAND USE AND DEVELOPMENT Photo: Michelle Finchum Packet Pg. 326 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 13 Key Outcomes: • City mowing and spraying operations aligned with best management practices, ensure habitat protection, and meet public safety and aesthetic requirements • A darker night sky • Naturalistic streetscapes where appropriate • Quieter community for people and wildlife • Stormwater practices aligned with Nature in the City • Celebration of nature CITY PRACTICES AND POLICY COORDINATION Photo: bextradorinaryu Packet Pg. 327 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 14 Key Outcomes: • Indicator species (birds and butterflies) • Alignment with the Climate Action Plan • Biodiversity and ecosystem services goals LONG TERM MONITORING Photo: Carol Evans Packet Pg. 328 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 15 Key Outcomes: • Ongoing funding for program support and project- specific capital improvements • A variety of incentives that help landowners, business owners and others implement Nature in the City projects FUNDING AND INCENTIVES Packet Pg. 329 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 16 Key Outcomes: • Ongoing funding for program support and project-specific capital improvements • A variety of incentives that help landowners, business owners and others implement Nature in the City projects IMPLEMENTATION Packet Pg. 330 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 17 Immediate Actions: • Demonstration Projects  Living Wall – June 2015  “Wildscape” Garden – 2016 • Connectivity Analyses (People & Wildlife) – Summer 2015 • Citizen science monitoring – Summer 2015 • Design Guidelines & Land Use Code Changes – Fall 2015 • Comprehensive Dark Skies Policy – Fall 2015 • Program Funding, Incentives and Potential Acquisition – 2015-2016 PHASE 3: IMPLEMENTATION Packet Pg. 331 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 18 • Interdisciplinary staff team (17 Departments) • 15-member Citizens Advisory Committee • More than 1,000 residents • Project survey • Photo contest • Wikimap • Visual Preference Survey • Three Open Houses and a Visioning Workshop PUBLIC ENGAGEMENT Photo: Lindsay Ex Packet Pg. 332 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 19 BOARD AND COMMISION RECOMMENDATIONS • Senior Advisory Board • Land Conservation Stewardship Board • Economic Advisory Commission • Natural Resources Advisory Board • Parks and Recreation Board • Planning and Zoning Board (recommendation pending March 12, 2015 meeting) General support from the Commission on Disability All Boards and Commissions Meeting – October 27, 2014 Packet Pg. 333 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 20 ACTION REQUESTED Staff recommends adoption of the Nature in the City Strategic Plan Photo: Ava Diamond Packet Pg. 334 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) 21 NATURE IN THE CITY City Council Presentation Lindsay Ex, Justin Scharton March 17, 2015 Packet Pg. 335 Attachment13.9: Powerpoint Presentation (2979 : Nature in the City) - 1 - RESOLUTION 2015-039 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE NATURE IN THE CITY STRATEGIC PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY WHEREAS, over the past fifteen (15) months the City staff has worked with various City departments, as well as Colorado State University departments, and an external citizen advisory committee, City Boards and Commissions and citizens of the City to develop a strategic plan regarding nature in the City to be presented to the City Council; and WHEREAS, as a result of this effort, staff has developed the “Nature in the City Strategic Plan” (the “Plan”) to be adopted as an element of the City’s Comprehensive Plan; and WHEREAS, the Plan establishes a vision and comprehensive set of policies and implementation actions to ensure an accessible and connected network of nature for people, plants and wildlife as a visionary approach to preserving and enhancing the quality of life of residents of the City both now and in the future; and WHEREAS, the City has a long history of protecting nature within its limits and in the region, and the Plan constitutes an effort to capitalize on this history in order to protect and integrate nature into the community’s fabric through a variety of regulatory, policy, outreach and other collaborative solutions on both public and private lands; and WHEREAS, the fundamental vision of the Plan is to provide a connected open space network accessible to the entire community and provide a variety of experiences and functional habitat for people, plants and wildlife; and WHEREAS, the Plan has as its goal easy access to nature, high quality natural spaces and responsible land stewardship; and WHEREAS, following extensive public outreach and the favorable recommendation from the Senior Advisory Board, the Land Conservation Stewardship Board, the Economic Advisory Commission, the Natural Resources Advisory Board; and the Parks and Recreation Board, the Council has determined that the adoption of the Plan as an element of the City’s Comprehensive Plan is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Nature in the City Strategic Plan, a copy of which is attached hereto as Exhibit “A” and incorporated herein, is hereby adopted as an element of the Comprehensive Plan of the City. Packet Pg. 336 - 2 - 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 Packet Pg. 337 Click here to down Nature in the City Strategic Plan ‐ Nature in the City EXHIBIT A Packet Pg. 338 Attachment1: Exhibit A (3010 : Nature in the City - RES) x Opportunities for businesses to get on board with this topic – get publicity for this topic and attract people to the business x As redevelopment occurs, opportunity to increase access to nature, and we could be a demonstration of what’s possible x More progressive legal strategies, other tools in our conservation toolbox x Create the processes for collaborations to occur, e.g., Prospect and Timberline or residences x Incentivize residential landscaping as opposed to regulating it, shift landscape aesthetic x Encourage volunteerism through incentives x Honor and recognize competing missions – find a way to support them both x Development can often be the catalyst for environmental protection (e.g.,bring $$ to a restoration project) . Use developers and development as partners and resources for certain efforts. x More public revenue to support these efforts, e.g., fees, general fund, successful tax initiatives OPPORTUNITIES: x Partnerships with PSD and CSU, provide kids to access, ensure 10 minute walk to schools – environmental awareness/education x Opportunities for public/private partnerships in building, maintaining, etc. x Look differently at our public infrastructure to utilize spaces for natural environments, e.g., street right-of-way, serve as corridors for nature x Increase distribution of native plants across the environment, x Producing native seeds that can proliferate, native seed source in Fort Collins x Improved air and water quality with more natural systems x Encourage desirable species and to discourage undesirable species x Revisit policies to obtain alignment x As redevelopment occurs, opportunity to increase access to nature, and we could be a demonstration of what’s possible x More progressive legal strategies, other tools in our conservation toolbox x Create the processes for collaborations to occur, e.g., Prospect and Timberline or residences x Bring in the irrigation ditch system x Incentivize residential landscaping as opposed to regulating it, shift landscape aesthetic x Encourage volunteerism through incentives x Honor and recognize competing missions – find a way to support them both x Improves habitat through increased biodiversity x Improve connections between larger habitat areas x Greater access to the environment – create more chances for positive interactions, better stewardship of nature and the environment x Opportunity to improve air quality, night skies, GHG storage and lower emissions x Improve ecosystem services, such as water filtration, pollination, cooling, etc. x Biodiversity help our community better prepare for climate change. Form Completed January 2014 This form is based on research by the City of Olympia and Evergreen State College Packet Pg. 306 Attachment13.3: Triple Bottom Line Analysis (2979 : Nature in the City) LIMITATIONS x As land redevelops, how do we still accommodate nature/natural amenities? x Need to understand the bottom line impacts/breaking point of these types of efforts , e.g., not feasible to build a project and affordability is impacted x Existing policies may not be in alignment with this project’s vision x Existing ditch system structure not conducive to multi- functional use of land x Private property concerns, government involvement and how far we go with regulating this x Increased maintenance and enforcement costs, diluted efforts may arise x Increased costs to private developers may not be well received especially on in-fill or re-development sites LIMITATIONS: x Availability of land x Access to land, private access concerns x Existing policies may not be in alignment with this project’s vision x Existing ditch system structure not conducive to multi- functional use of land x People not wanting to “share” their area – limited access x Informal areas may not exist in gaps x Increased maintenance costs, diluted efforts may arise x Defining nature is difficult, which could make establishing a baseline experience difficult, e.g., how do we convey that a “poor quality area” from an ecological perspective still has value? Form Completed January 2014 This form is based on research by the City of Olympia and Evergreen State College ATTACHMENT 3 Packet Pg. 305 Attachment13.3: Triple Bottom Line Analysis (2979 : Nature in the City) 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 Packet Pg. 165 Attachment11.4: Summary Table of Mitigation Actions for CSU On-Campus Stadium (Attachment 3 to Report) (3012 : CSU IGA 2015)