HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/20/2015 - 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
Interim City Attorney City Manager City Clerk
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Meeting
January 20, 2015
Proclamations and Presentations
5:30 p.m.
None.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
ROLL CALL
AGENDA REVIEW: CITY MANAGER
City Manager Review of Agenda.
Consent Calendar Review
City of Fort Collins Page 2
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.
1. Consideration and Approval of the Minutes of the December 2, 2014 Regular Council Meeting and
the December 9, 2014 Adjourned Council Meeting.
The purpose of this item is to approve the minutes from the December 2, 2014 Regular Council
meeting and the December 9, 2014 Adjourned Council meeting.
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2. Second Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into the
Transportation Services Fund for the Safe Routes to School Program.
This Ordinance, unanimously adopted on First Reading on January 6, 2015, appropriates
unbudgeted funds received through a grant for the Safe Routes to School program. The City of Fort
Collins FC Moves Department has received a $15,000 grant through the Sensible Transportation
and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe Routes to School (SRTS)
program. This funding will allow the City’s SRTS program (administered and staffed by FC Moves) to
purchase strategic SRTS equipment for Fort Collins youth.
3. Second Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Police Services Victim Services Team.
This Ordinance, unanimously adopted on First Reading on January 6, 2015 appropriates grant funds
in the amount of $37,000 received from the Eighth Judicial District Victim Assistance and Law
Enforcement (VALE) Board. This grant will fund the Victim Services Team of Fort Collins Police
Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of
crime and their family members. These funds will be used for part of the salary for the victim
advocate who provides crisis intervention services during weekday hours and is housed in the Victim
Services office. These funds will also pay for a portion of the operational expenses needed to
provide 24-hour a day, 7-day a week services to victims of crime in the community.
4. Items Relating to Petitions and Recall Charter Amendments.
A. Second Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to
Initiative and Referendum.
B. Second Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter
Pertaining to the Sufficiency of a Nominating Petition.
C. Second Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of
the City of Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter
Pertaining to Recall Elections.
These Ordinances, unanimously adopted on First Reading on January 6, 2015, place Charter
Amendments relating to petitions and recall for placement on the April 7, 2015 ballot.
5. First Reading of Ordinance No. 008, 2015, Appropriating Unanticipated Grant Revenue in the
Recreation Fund for the Adaptive Recreation Opportunities Program Paralympic Sports Club.
The purpose of this item is to appropriate $15,000 of unanticipated grant revenue in the Recreation
Fund to be used for general operating support for the Adaptive Recreation Opportunities (ARO)
program Paralympic Sport Club. ARO has been selected to receive a grant of $15,000 from U.S.
Department of Veterans Affairs (VA) for Veterans Adaptive Sports Programs serving Disabled
Veterans and disabled Members of the Armed Forces, funding cycle of October 2014- September
2015.
6. Items Relating to the North College Pedestrian Multi-Use Path Project.
A. Resolution 2015-007 Authorizing the Mayor to Execute an Intergovernmental Agreement with the
Colorado Department of Transportation for a Construction Grant in Support of the North College
Pedestrian Multi-Use Path Project.
B. First Reading of Ordinance No. 009, 2015, Appropriating Unanticipated Revenue in the Capital
Projects Fund for the North College Pedestrian Multi-Use Path Project, Authorizing the Transfer
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of Appropriations from the Building on Basics Pedestrian Plan and American with Disabilities
Improvements Project Into the North College Pedestrian Multi-Use Path Project.
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) and to appropriate federal grant and local
funds into the North College Pedestrian Multi-Use Path Project. This project will design and
construct pedestrian amenities along North College Avenue between the northern city limits and
State Highway 1. The proposed actions will enable initiation of the project.
Total project funds will be appropriated as follows:
Federal Grant Funds - $752,000
Local Matching Funds Previously Appropriated by Urban Renewal Authority (URA) - $125,000
Local Matching Funds to be Appropriated from Pedestrian Improvement Funds - $31,323
7. First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of Fort
Collins Relating to Creating a Critical Facilities Floodplain Regulation Exception for Parallel-
Connected Solar and Wind Power Generation.
The purpose of this item is to provide an exception to the critical facilities floodplain regulation for
“parallel-connected solar and wind power generation.” This would allow solar and wind power
generating stations that are also connected to the grid to be located in the floodplain and not
prohibited under the critical facilities regulation of Chapter 10 of City Code.
8. Resolution 2015-008 Acknowledging the City's Intent to Acquire the Real Property Located at 1300
Hoffman Mill Road.
The purpose of this item is to acknowledge the City's intent to acquire the property at 1300 Hoffman
Mill Road for multiple City department operations. Staff has negotiated the acquisition of
approximately 24 acres near Prospect Road and Lemay Avenue to meet the needs of multiple City
departments. Streets, Forestry, Utilities and Natural Areas Departments have agreed to partner and
contribute funding for the acquisition. The Departments propose to jointly purchase the property in
order to co-locate compatible City operations. These operations include the continued processing
and recycling of concrete and asphalt, which is the primary use of the site currently (via lease
agreement), processing of project spoils for the Utilities Department, wood chipping and other
materials processing for the Forestry Department, and materials storage for the Natural Areas
Department. Additionally, the Natural Areas Department will control and manage approximately 6
acres of the site that is immediately adjacent to the Poudre River.
City Council approved the funding for the purchase as part of the 2015-2016 Recommended Budget
(Ordinance No. 153, 2014) on November 18, 2014 and no additional authorization is required per
City Code. However, due to the fact that Streets Superintendent, Larry Schneider is related to one of
the ten owners (Larry’s father, Elmer Schneider is a 1/10 owner), City Management felt it prudent to
provide more explicit and public notice of the City’s intention to acquire the property and to disclose
the process and efforts that have taken place to ensure Larry Schneider is not involved in any of the
decision making related to this potential acquisition. To that end, Mr. Schneider was consciously and
deliberately removed from participating in any form related to the City’s interest in the property. All
decision making was directed by Planning, Development and Transportation (PDT) Deputy Director,
Mark Jackson and operational information was provided by (then) Streets Department Crew Chief,
Neal Jaspers.
9. Resolution 2015-009 Adopting a Revised Competitive Process for the Allocation of City Financial
Resources to Affordable Housing Programs/Projects and Other Community Development Activities.
The purpose of this item is to revise the competitive process for allocating affordable housing and
human service funds. The changes combine all available housing funds into one spring cycle to
allow for compliance with HUD requirements, stronger competition among projects and better
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alignment of funds to their intended uses. An optional fall process will be retained. Minor
administrative changes would also be made.
10. Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City of Fort
Collins.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards and commissions, due to resignations and the expiration of terms of current members.
Applications have been solicited since September. Council teams interviewed applicants during
November, December and January. This Resolution appoints individuals to fill current vacancies
and expiring terms.
END CONSENT
CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
STAFF REPORTS
A. Recognition of 2014 Sustainability All-Starr Winner, Tracy Ochsner.
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.
11. Second Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing
the Zoning Classification for that Certain Property Known as the Capstone Cottages Rezoning.
(staff: Pete Wray; no staff presentation; 10 minute discussion)
This Ordinance, adopted on First Reading on January 6, 2015, by a vote of 4-3 (Nays: Cunniff,
Overbeck, Poppaw) rezones approximately 12.7 acres of land northeast of the Lincoln
Avenue/Lemay Avenue intersection from the Industrial district (I) to the Medium Density Mixed Use
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Neighborhood district (M-M-N) and rezones the abutting 0.070 acres of land from the M-M-N to the
Industrial District.
The requests are based on the Applicant’s proposal to develop a student oriented single-family
residential project; the Project Development Plan for the proposed project is in the process of being
reviewed by staff as part of a separate application.
12. Resolution 2015-011 Naming an Arterial Street in the Northeast Fort Collins Area and Revising the
List of Names for Arterial and Collector Streets. (staff: Ryan Mounce, Ted Shepard; 5 minute staff
presentation; 20 minute discussion)
The purpose of this item is to select a name for a new arterial street in northeast Fort Collins and to
update the existing List of Names for Arterial and Collector Streets by removing one recently
selected name (Cherryhurst) and adding two additional names (Joe Armijo and Stephen J. Roy).
13. Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance Extending the
Expiring Twenty-Five Hundredths Percent (0.25%) "Building on Basics" Capital Projects Sales and
Use Tax for a Period of Ten Years for the Purpose of Obtaining Revenue for Certain "Community
Capital Improvement Program" Capital Projects and Related Operation and Maintenance. (staff:
Ginny Sawyer, Darin Atteberry; 15 minute staff presentation; 1 hour discussion)
The purpose of the item is to set the ballot language and refer the Community Capital Improvement
Program tax extension to the April 7, 2015 election. The renewal of the ¼-cent sales and use tax will
result in $7.4 million in revenue available per year for designated capital improvement projects. The
program is currently set to expire December 31, 2015. The term of the renewal is January 1, 2016-
December 31, 2025.
The recommended project list is below:
Pedestrian Sidewalk/ADA Compliance - Safe Routes to Everywhere
Bicycle Infrastructure Improvements - Safe Routes to Everywhere
Bus Stop Improvements - Safe Routes to Everywhere
Downtown Poudre River Enhancements and Kayak Park
Bike/Ped Grade Separated Crossings Fund
Transfort Bus Fleet Replacement
Arterial Intersection Improvements Fund
Implementing Nature in the City
Gardens on Spring Creek Visitor's Center Expansion
Southeast Community Center with Outdoor Pool
Affordable Housing Fund
Lincoln Avenue Improvements Design & Construction (from 1st Street to Lemay)
City Park Train
Renovation of the Historic Carnegie Building
Linden Street Renovations Design & Construction
Club Tico Renovation
Willow Street Improvements Design & Construction
The Resolution includes $75 million in project costs, $2.6 million for five years of operation and
maintenance (O & M), and $5.3 million for inflation. Staff has recommend five years of O&M to give
projects at least two budget cycles to determine how to best fund the ongoing O&M costs while trying
to maximize project dollars.
14. Resolution 2015-013 Submitting to the Registered Electors of the City at the April 7, 2015, Regular
City Election the Question of the Extension of the Expiring Quarter-Cent Sales and Use Tax Used to
Fund the City's Street Maintenance Program. (staff: Ginny Sawyer, Darin Atteberry, Mark
Jackson; 10 minute staff presentation; 20 minute discussion)
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The purpose of the item is to set the ballot language and refer the Street Maintenance Program tax
renewal to the April 7, 2015 election.
15. First Reading of Ordinance No. 011, 2015, Submitting to a Vote of the Registered Electors of the
City of Fort Collins a Proposed Amendment to Article XIII of the City Charter Pertaining to the
Definition of "Service Area". (staff: Janet Miller; 2 minute staff presentation; 10 minute discussion)
The purpose of this item is to propose an amendment to the City Charter definition of "Service Area"
that, if approved by voters, would correct the Charter definition of “Service Area” to conform to other
Charter references providing that City Council shall designate Service Areas via ordinance.
16. First 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.
(staff: John Phelan; 5 minute staff presentation; 20 minute discussion)
The purpose of this item is to amend 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. An
update on the administrative elements of the program is provided.
CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
OTHER BUSINESS
ADJOURNMENT
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still pending
at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting
which have not yet been considered by the Council, will be continued to the next regular Council
meeting and will be placed first on the discussion agenda for such meeting.
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 2, 2014 Regular Council Meeting and the
December 9, 2014 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the December 2, 2014 Regular Council meeting and
the December 9, 2014 Adjourned Council meeting.
ATTACHMENTS
1. December 2, 2014 (PDF)
2. December 9, 2014 (PDF)
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December 2, 2014
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:
Staff Present: Atteberry, Daggett, Nelson
AGENDA REVIEW: CITY MANAGER
City Manager Atteberry read a change to the November 4, 2014 minutes as requested by
Councilmember Overbeck and noted that change would be adopted with adoption of the Consent
Calendar.
CITIZEN PARTICIPATION
Jack Daniels, 172 North College, commended Council for making Fort Collins a great place to
live.
Thomas Edwards, Fort Collins resident, suggested Council hold off on decisions relating to
Prospect until after discussing the on-campus stadium.
Jeremy Woodard, Fort Collins resident, encouraged Council to stop ticketing homeless campers
as shelter space remains insufficient.
Cheryl Distaso, Fort Collins Community Action Network, reported on the Human Relations
Commission awards and discussed the United Nations statement denouncing the criminalization
of homelessness. She encouraged Council to look at homelessness issues critically and
supported multiple shelter options, lockers, and permanent supportive housing.
CITIZEN PARTICIPATION FOLLOW-UP
CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items on the Consent Calendar, including the amended November 4 minutes.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
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Attachment1.1: December 2, 2014 (2809 : Minutes-12/2, 12/9)
December 2, 2014
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1. Consideration and Approval of the Minutes of the November 4, 2014 Regular Council Meeting
and the November 12, 2014 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the November 4, 2014 Regular Council
meeting and the November 12, 2014 Adjourned Council meeting.
2. Second Reading of Ordinance No. 165, 2014, Appropriating Unanticipated Revenue for the
Senior Center Expansion Project and Transferring Appropriations to the Cultural Services
and Facilities Fund for Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 18, 2014, appropriates an
additional $10,000 to the Senior Center Expansion Project. These additional funds were raised by
the Senior Center Expansion Committee and will be used toward the cost of constructing a 22-foot x
46-foot storage garage at the far west end of the new parking lot.
3. Second Reading of Ordinance No. 166, 2014 Amending Section 20-92 of the Code of the City
of Fort Collins Pertaining to Inoperable Motor Vehicles. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 18, 2014, amends the
inoperable motor vehicle ordinance to improve its enforceability in light of the general purpose for the
provision, which is to prohibit the storage of inoperable vehicles within ordinary public view.
4. Second Reading of Ordinance No. 167, 2014, Appropriating Unanticipated Revenue in the
Home Investment Partnership Program Fund. (Adopted)
Ordinance No. 167, 2014, unanimously adopted on First Reading on November 18, 2014,
appropriates HOME Program Income received between April 1, 2014 and September 30, 2014 for
affordable housing and planning/administration uses.
5. Second Reading of Ordinance No. 168, 2014, Designating the William and Violet
Jackson/Robert Bailey Property, 1306 West Mountain Avenue, Fort Collins, Colorado, as a
Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins.
(Adopted)
This Ordinance, unanimously adopted on First Reading on November 18, 2014, designates the
William and Violet Jackson/Robert Bailey Property at 1306 West Mountain Avenue as a Fort Collins
landmark. The owner of this property, Robert Bailey, is initiating this request.
6. First Reading of Ordinance No. 169, 2014, Appropriating Funds from the City's General Fund
Reserves for Transfer to the Fort Collins Urban Renewal Authority for the Purpose of URA
Reimbursements for the Prospect Station Project, and Approving a Loan Agreement for that
Purpose. (Adopted)
The purpose of this item is to appropriate funds from the City's General Fund Reserves for transfer
to the Fort Collins Urban Renewal Authority for the purpose of URA Reimbursements for the
Prospect Station Project, and approve a Loan Agreement for that purpose.
7. First Reading of Ordinance No. 170, 2014, Amending Ordinance No. 143, 2014, to Correct the
Appropriation of Prior Year Reserves to be From the Self-Insurance Fund Rather than from
the General Fund for Insurance Expenses (Adopted)
The purpose of this item is to make a correction to adopted Ordinance No. 143 so that $610,000 of
prior year reserves needed to fund the City’s worker’s compensation, property and liability claim
payments for the remainder of 2014 are appropriated from the Self-Insurance Fund rather than from
the General Fund.
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Attachment1.1: December 2, 2014 (2809 : Minutes-12/2, 12/9)
December 2, 2014
City of Fort Collins Page 488
8. First Reading of Ordinance No. 171, 2014, Adopting the 2014 Larimer County Transportation
Capital Expansion Fee Schedule. (Adopted)
The purpose of this item is to adopt the 2014 Larimer County Transportation Capital Expansion Fee
Schedule (Regional Road Fee) as determined by the Intergovernmental Agreement with Larimer
County.
9. First Reading of Ordinance No. 172, 2014, Amending the Code of the City of Fort Collins to
Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5
of the Code so as to Reflect Inflation in Associated Costs of Services. (Adopted)
The purpose of this item is to update the City Code, which requires an annual adjustment to certain
building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees
are to reflect the changes in the Denver-Boulder-Greeley Consumer Price Index (CPI). Street
Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The
CPI has increased 2.9% since its last adjustment and the ENR has not changed significantly enough
to warrant an adjustment.
10. First Reading of Ordinance No. 173, 2014, Amending Various Provisions in Chapter 7 of the
Code of the City of Fort Collins Relating to Elections. (Adopted)
The purpose of this item is to amend City Code provisions relating to the registration of municipal
electors, the conduct of mail ballot elections, and the filing of campaign finance reports.
11. First Reading of Ordinance No. 174, 2014, Amending Chapter 15, Article XIV of the Code of
the City of Fort Collins Regarding Outdoor Vendors. (Adopted)
The purpose of this item is to amend Chapter 15 of the City Code regarding Outdoor Vendors with
amendments to further support the outdoor vending community. In 2012, City Council adopted new
outdoor vendor regulations based on a comprehensive study completed by staff. Since the inception
of the new regulations, staff has been monitoring the activity and working with the mobile vending
community to address opportunities for improvement to the Code. In May 2014, City Council
adopted two minor amendments as part of a phased approach. Staff is recommending an additional
amendment to further support the outdoor vending community’s request to hold larger gatherings on
a more frequent basis. A corresponding amendment is being recommended to the City's Land Use
Code.
12. First Reading of Ordinance No. 176, 2014, Authorizing the Conveyance of a Non-Exclusive
Utility Easement on North Shields Ponds Natural Area to East Larimer County Water District .
(Adopted)
The purpose of this item is to authorize the conveyance of a non-exclusive utility easement to East
Larimer County Water District on North Shields Ponds Natural Area. Larimer County has requested
that East Larimer County Water District (ELCO) relocate an existing meter vault that resides in the
right of way along the western side of North Shields Street as a part of the larger North Shields
Street widening project. The new vault will reside in a location within the same gravel parking lot as
it is currently located at North Shields Ponds Natural Area. Because the new location will be outside
the right-of-way, a non-exclusive easement will be needed from the City.
13. First Reading of Ordinance No. 177, 2014, Authorizing the Conveyance of a Shared Access
Easement to Michael and Carleen Birchette across City Property on Ackerman Court.
(Adopted)
The purpose of this item is to authorize the conveyance of a shared access easement between the
City and Michael and Carleen Birchette across a private road called Ackerman Court. The City of
Fort Collins Natural Areas Department owns property immediately north of the Poudre River and
east of Shields Street known as McMurry Natural Area. Michael and Carleen Birchette own a small
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Attachment1.1: December 2, 2014 (2809 : Minutes-12/2, 12/9)
December 2, 2014
City of Fort Collins Page 489
tract of adjoining land. The access to the two properties is by means of an existing private road,
Ackerman Court, of which a portion falls on to each property. In order to establish an easement of
record and the allowed use of the private road by each party, the Natural Areas Department and
Birchettes have proposed the conveyance of a shared access easement allowing both parties the
right to use the private road for access purposes.
14. Resolution 2014-108 Authorizing the Purchasing Agent to Lease Additional Equipment Under
the City's Standard Master Lease Agreement with Pinnacle Public Financing, Inc. and to
Enter Into a First Amendment to that Standard Master Lease Agreement. (Adopted)
The purpose of this item is to request approval of the lease-purchase of vehicles and equipment for
the cost of $1,255,550 under the City’s Master Lease Agreement with Pinnacle Public Finance (the
“Agreement”) and to approve a “First Amendment” to that Agreement. Quarterly Payments of
$66,551.14 at the 2.25% interest rate will not exceed $266,205 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 2014 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.
15. Routine Deed and Easement (Adopted)
The purpose of this item is to have Council accept a Deed of Dedication for road right-of-way and
drainage easement from Cottonwood Land and Farms, LLC (Cottonwood).
END CONSENT
CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff noted Item No. 9, First Reading of Ordinance No. 172, 2014, Amending
the Code of the City of Fort Collins to Increase the Amounts of the Capital Improvement
Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated
Costs of Services, increases fees based on inflation and suggested the possibility of discussing
various options for indexing the fee. Additionally, he noted candidate guidelines will be
available following the passage of the Second Reading of Item No. 10, First Reading of
Ordinance No. 173, 2014, Amending Various Provisions in Chapter 7 of the Code of the City of
Fort Collins Relating to Elections.
Mayor Weitkunat suggested the fee issue be discussed by the Finance Committee and the
Economic Advisory Commission.
COUNCILMEMBER REPORTS
Councilmember Campana read a letter the City received from the White House regarding the
City’s success with the Let’s Move Program.
Councilmember Overbeck reported on his participation in an ADA and transition planning
meeting at the National League of Cities, as well as a Department of Justice presentation
regarding police body-worn cameras.
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Mayor Pro Tem Horak reported on his participation in a League of Cities panel discussion
regarding college communities and student housing, particularly rent by the bedroom units. He
stated he would support a rental licensing and inspection program in the future.
Mayor Weitkunat reported on her participation in a League of Cities presentation regarding
building resiliency in terms of water and climate change.
City Manager Atteberry reported on his participation in the League of Cities University town
meeting and commended Councilmembers on their presentations.
CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
DISCUSSION ITEMS
16. Consideration of two Appeals of the Administrative Hearing Officer’s September 9, 2014
Remand Hearing Decision to Approve the Summit on College Parking Structure, Major
Amendment. (Hearing Officer Decision Upheld, With Conditions)
Two separate parties filed a Notice of Appeal; the grounds for appeal are as follows:
Appellant Councilmember Cunniff:
Failure to properly interpret and apply relevant provisions of the City Code, the Land Use Code
and Charter.
Appellant Jeffrey Leef et al.:
Failure to conduct a fair hearing in that:
o The board, commission or other decision maker exceeded its authority or jurisdiction as
contained in the Code or Charter;
o The board, commission or other decision maker considered evidence relevant to its findings
which was substantially false or grossly misleading.
Failure to properly interpret and apply relevant provisions of the City Code, the Land Use Code
and Charter.
City Attorney Daggett explained the appeal process and reviewed the history of the appeals.
Seth Lorson, City Planner, discussed the site and the proposed parking structure. He provided
information regarding the history of the proposed parking structure and its appeals. He noted the
applicant changed the application between the first hearing and the remand hearing by removing
a story from the parking garage and reducing the number of parking spaces to 345. He discussed
the allegations of the appeal.
Councilmember Cunniff reported on his attendance at the site visit, stating his observations were
limited to the extent of the proposed development and its relationship to the site and Spring
Creek.
Councilmember Troxell reported on his attendance at the site visit, stating his observations were
limited to the general context of the site relative to its surroundings.
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Councilmember Campana reported on his attendance at the site visit, stating he reviewed the
south edge of the proposed structure.
APPELLANT PRESENTATIONS
Councilmember Cunniff questioned whether the proposed design complies with Land Use Code
Section 3.4.1(i)(2), which deals with floodplain and stream corridor offsets.
Rick Zier, attorney representing the appellants, discussed the history of the issue and stated the
principal use on the site is a TOD approved housing project with limited parking and a high
density; therefore, the parking structure is not incidental or an accessory use. He argued this
project should have been a Type II Planning and Zoning Board review from the beginning of the
process and suggested Council require that review at this time.
Jeffrey Leef, appellant, 1801 South College, discussed the obstructed mountain view which
would occur with this project and urged Council to oppose the project.
Lester Kaplan, appellant, stated the Code is silent on parking design in a parking structure and
commented on safety concerns regarding the applicant’s request for a drive aisle width reduction
and regarding the lack of a separation between vehicles and pedestrians. Additionally, the
criteria for modifying the Code have not been met given the proposed reduction in the standard.
OPPONENT PRESENTATION
Carolynne White, attorney representing the applicant, disagreed with Mr. Zier that this proposal
has not had the opportunity to be fully heard under the applicable rules of the Code. She detailed
the proposed alternative design for the parking structure and argued the accessory use discussion
is not relevant to Council’s determination. The sole reason for the parking structure is that it is
needed in order to accommodate the parking needs of the existing Summit residents, and is
therefore an accessory use. Additionally, any major amendment to a Type I project is considered
under Type I regulations and the TOD zone was designed, in part, to encourage the construction
of parking structures. Ms. White also discussed the view concerns and proposed landscaping and
stated the alternative design increases the level of compliance with the Code.
APPELLANT REBUTTAL
Mr. Leef argued Ms. White is attempting to mislead Council by not showing any views to the
west.
Mr. Kaplan suggested the parking issues should be addressed in the same spirit as the original
proposal, with off-site parking. He asked why the project proceeded with the knowledge that the
originally planned off-site parking was not in place.
Mr. Zier argued there is a jurisdictional problem with the Hearing Officer procedure in this case
and stated the parking structure cannot be considered an accessory use.
OPPONENT REBUTTAL
Ms. White stated the views are focused to the north in response to Council direction that the
Spring Creek view shed is not only westward, but northward, and stated there are numerous
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views to the west throughout the record. Additionally, she stated the initial project proceeded
given parking options thought to be available and the estimated student parking originally
projected, including the City’s projections related to storage parking. Ms. White discussed
parking structure levels of service recommended for storage parking and Code requirements for
analyzing views, which do not apply in this case.
COUNCIL DISCUSSION
Councilmember Cunniff asked if any consideration was given by the applicant to take
photographs closer to the Spring Creek stream bed. Brian Williamson, landscape architect,
replied the photos were mainly taken from along the trail edge; however, some were taken from
closer to the stream bank which ended up being slightly misleading.
Councilmember Cunniff argued the southernmost wall of the parking structure would appear
larger from the stream bed itself than from the trail and noted the stream is the natural feature
from which views should be considered. Lindsay Ex, Senior Environmental Planner, replied the
grade difference between the stream and the trail edge is minimal on the north side.
Councilmember Cunniff asked what considerations were made for creating the renderings. Ex
replied they were chosen to give multiple viewpoints.
Councilmember Overbeck asked if consideration was given to present videos rather than
photographs. Mr. Williamson replied that was not considered given the project’s scale.
Councilmember Troxell asked about the elevation of the MAX bus line retaining wall. Lorson
replied the difference between the grade and the top of the wall is 19 feet with an additional 6
feet of fence. The top of the fence is about one foot taller than the average height of the south
elevation of the parking structure, considering the finished floor elevation.
Mayor Weitkunat requested additional information regarding the level of service and safety
issues. Lorson replied the safety discussion was based on the level of service and the applicant's
proposal which was assessed according to national standards. Staff and the Hearing Officer felt
the level of service was not detrimental to safety.
Councilmember Overbeck asked if the parking garage could be moved further north. Lorson
replied the applicant was asked to consider that; however, building standards requiring distance
between structures would have required a change in fire rating.
Councilmember Cunniff asked if Land Use Code Section 3.4.1 discusses the requirements being
modified if there are already existing view shed obstructions in the vicinity. Ex replied the
standard does require an examination of the existing visual character compared to the proposed
and ensure the proposed minimizes impediments to that visual character. The standard focuses
on the views from the natural features to and from the site.
Mayor Weitkunat requested information regarding the number of parking spaces required when
this project was originally proposed, per the interim TOD standards, and as compared to the
current requirements. Lorson replied the development was proposed in 2008 with 191 parking
spaces; however, there were no minimum parking standards at that time in the TOD. In
September 2013, interim parking standards for the TOD zone would have required 358 parking
spaces for this development. The original parking garage submittal at that time included 535
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spaces and the new submittal includes 442 spaces. The TOD parking standards adopted in
November 2014 would require a minimum of 499 parking spaces for the development.
Mayor Weitkunat requested information regarding the developments between 2008 and 2014 in
terms of the TOD parking requirements.
Councilmember Campana noted Land Use Code standard 3.5.1(j) is a compatibility standard
which would require enough parking to be compatible with the surrounding uses and that
standard would also have applied.
Laurie Kadrich, Community Development and Neighborhood Services Director, noted Council
also adopted alternative compliance standards with the minimum standards in place today, which
could imply off-site or shared parking with a nearby business.
Mayor Weitkunat requested information as to the transportation philosophy behind the TOD
zone. Kadrich replied the original TOD standard did not have a minimum parking requirement
because it is a best practice of communities with transit-oriented districts. She noted there have
been instances in which the market has not met the parking objectives for the area.
Mayor Weitkunat asked if the student housing component is a factor. Kadrich replied in the
affirmative, noting a main difference is the rent by the bedroom situations and traffic patterns
related to students in comparison to other types of residents.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt all of
the findings of fact made by the Hearing Officer in his September 9th decision and further find
and determine that the Hearing Officer did not fail to conduct a fair hearing by exceeding his
authority or jurisdiction or by considering evidence relevant to his findings that was substantially
false or grossly misleading and, therefore, based on these findings and determinations and with
respect to this ground for appeal, uphold the Hearing Officer's approval of this remanded major
amendment and its related modification of standard.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Troxell, Cunniff,
Poppaw and Campana. Nays: none.
THE MOTION CARRIED.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, to adopt all of
the findings of fact made by the Hearing Officer in his September 9th decision with a
modification of the approval to add the following conditions: the maximum parking is not to
exceed the currently adopted TOD minimum number of parking spaces and the south edge of the
parking structure is not constructed south of the existing parking lot.
Councilmember Campana discussed the importance of keeping the boundary within the existing
parking lot to the view corridor.
Councilmember Cunniff agreed with Councilmember Campana.
Ms. White requested a break to analyze the impact of this condition on the application.
Mr. Zier objected to Ms. White's request.
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Mayor Weitkunat accepted the objection and stated Council would vote on the motion.
Mayor Pro Tem Horak asked about the legality of placing a requirement based on the current
Code when the project is not covered by the current Code. Councilmember Campana stated he
would be willing to amend the motion to the standard in place at the time the project was last
heard on appeal. City Attorney Daggett stated Council's conditions and consideration should
relate to the applicable legal standards, which include issues such as compatibility and impacts to
views from natural features.
Council held a discussion regarding changing the number of parking spaces from the current
TOD minimum standard to the compatibility standard Council supports.
Councilmember Campana offered an additional modification to his motion to allow alternative
compliance for these conditions. Councilmember Cunniff accepted the friendly amendment to
the motion.
City Attorney Daggett read the amendments to the motion as follows: the findings of the Hearing
Officer would be adopted with the exception of requiring the project to be subject to a maximum
parking limit not to exceed the currently imposed TOD minimum of 499 in light of the concerns
that have been raised in terms of neighborhood compatibility, that the south edge of the parking
structure would be constructed not further south than the south edge of the existing parking lot in
light of impacts to the view sheds to and from Spring Creek, and that alternative compliance
using the current recognized TOD alternative compliance provisions in order to allow for an
adjustment to the amount of parking in light of the compatibility issue.
Mayor Pro Tem Horak suggested the reference to the current TOD requirements are irrelevant.
Councilmembers Campana and Cunniff accepted the removal of that reference as a friendly
amendment.
City Attorney Daggett read the amendments to the motion as follows: the conditions added as
part of the friendly amendments to the motion include a condition that the maximum number of
parking spaces be 499 in light of the compatibility issues, that the south edge of the parking
structure be no further south than the south edge of the existing parking lot in light of view shed
impacts to and from Spring Creek, and that the applicant be allowed to use alternative
compliance methods in order to modify the number of parking spaces in the structure.
RESULT: HEARING OFFICER DECISION UPHELD, WITH CONDITIONS [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
17. First Reading of Ordinance No. 175, 2014, Making Various Amendments to the Land Use
Code. (Adopted on First Reading)
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that have been identified since the last update in July 2014.
Ted Shepard, Chief Planner, discussed the proposed changes to the addition of permitted use
(APU) which would add two review criteria, clarify the imposition of conditions of approval, and
update the prohibition on marijuana uses. Also, any changes to an approved APU would go
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before the Planning and Zoning Board. Shepard provided a brief history of the APU process and
provided examples of the use of the process in the past. He detailed the proposed two review
criteria: that the location, size, and design of the proposed use be compatible and have minimal
negative impacts on nearby properties, and that the proposed use will not change the
predominant character of the surrounding area.
Councilmember Cunniff asked if additional public process should be considered. Laurie
Kadrich, Director of Community Development and Neighborhood Services, replied she has been
working with the Citizens Task Force and stated the Planning and Zoning Board is comfortable
with the proposed changes. However, the citizens believe additional work needs to be
completed; therefore, a work session has been scheduled to further discuss the remaining
concerns.
Councilmember Cunniff asked about concerns relating to further expanding the alcohol-centered
entertainment culture into additional zones in the city. Shepard replied no explicit concerns of
that type were raised.
Councilmember Cunniff asked if a process exists to engage in a dialogue of tightening down
proximity requirements in older zones as alcohol-related activities are allowed in newer zones.
Shepard replied that discussion has not occurred. Councilmember Cunniff suggested Council
have that discussion given citizen concerns.
Councilmember Cunniff asked if consideration to lighting and noise impacts had been given to
the inclusion of multi-purpose music facilities in zones near the Poudre River. Shepard replied
this type of use is specifically defined so as to not have those types of impacts as they are not
permanent venues.
Mayor Weitkunat noted part of the permitted use changes are simply due to evolution of uses
over time.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 175, 2014, on First Reading.
Councilmember Troxell suggested Councilmember Cunniff's concerns are more related to liquor
licensing requirements rather than to this topic.
RESULT: ORDINANCE NO. 175, 2014 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
(Secretary's note: The Council took a brief recess at this point in the meeting.)
18. Resolution 2014-109 Approving and Accepting the Colorado State University On-Campus
Stadium Mitigation Report and Expressing the Policy of the City with Respect to Necessary
Methods of Mitigation of Impacts Generated by an On-Campus Stadium. (Adopted)
The purpose of this item is to provide a report on the impacts of a proposed on-campus stadium, and
to establish a framework for an intergovernmental agreement with Colorado State University (CSU)
to mitigate the impacts through operational planning and management, implementation of
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infrastructure improvements, and establishment of neighborhood mitigation advisory groups and
funding. If CSU elects to build an on-campus stadium, staff recommends the City negotiate a
detailed intergovernmental agreement to address the impacts, including the funding of infrastructure
improvements, operational needs, and neighborhood mitigation.
Karen Cumbo, Planning, Development, and Transportation Director, stated this Resolution is an
analysis of community impacts and mitigation strategies, not a referendum regarding whether or
not to build the on-campus stadium. She stated the majority of considered impacts are in four
key areas: operations, infrastructure, City services, and community character.
Mark Jackson, Planning, Development, and Transportation Services Deputy Director, discussed
the proposed on-campus stadium location, transportation options to and from the stadium, and
parking possibilities. Additionally, he detailed recommended transportation infrastructure
improvements and briefly discussed recommended utilities infrastructure improvements.
Laurie Kadrich, Director of Community Development and Neighborhood Services, discussed
noise, lighting, and environmental mitigation issues and the possibility of forming a stadium
advisory group and neighborhood mitigation fund.
Cumbo stated staff recommends funding needs for infrastructure and operations should be
addressed in an intergovernmental agreement with CSU.
Liz Pruzner expressed concern regarding the estimated $24 million in costs for infrastructure and
mitigation and stated the IGA should expressly ensure citizens will not be responsible for this
expense.
Linda Vrooman requested assurance that real dollars exist as part of the IGA to pay the City's
expenses.
Bob Vangermeersch asked how much information has been exchanged between Dr. Frank and
the City regarding these costs and referenced letters in opposition to the stadium proposal. He
urged Council to pass a referendum encouraging renewing Hughes Stadium.
Doug Brobst stated Fort Collins citizens have opposed the on-campus stadium and requested
Council provide that information to the Board of Governors. He asked if the City will be
required to provide utility service to the stadium in the future.
Mike Pruznick suggested a section be added to the Resolution to authorize and encourage the
City Manager to use all the tools at his disposal to either renew Hughes or bring Dr. Frank and
CSU to the negotiating table on this effort.
Jean Yule suggested CSU be required to submit a complete and independent environmental
analysis comparing the proposed stadium with a restored and modernized Hughes prior to any
IGA being implemented.
Mayor Weitkunat asked about the possibility of a monetary exchange. Cumbo replied there is no
definite budgetary number and noted the City is unaware of what CSU has planned for
operational and infrastructure improvements.
Mayor Weitkunat asked if the City will be responsible for furnishing utilities to the stadium in
the future. Jon Haukaas, Water Engineering Field Services Manager, replied the City currently
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has several agreements with CSU to provide utility service. The proposal for the stadium would
include expanding the electrical and the water grids to provide from their existing agreements
and allocations, with the addition of wastewater and stormwater services.
Mayor Pro Tem Horak asked if the City is required to furnish utilities currently or in the future.
Haukaas replied the Utility has a choice regarding which customers to service; however, the
existing agreements in place would make it difficult to refuse that service. City Attorney
Daggett replied the City may have some options related to the level of service provided to CSU;
the City could choose to limit its willingness to expand service though it is currently obligated to
provide service to the campus at its current level.
City Manager Atteberry noted another question would involve whether or not another provider
could provide the service should the City opt out.
Councilmember Troxell asked if any attendees are representing CSU's interests with regard to
the stadium, to which there were no responses. He questioned what level of mitigation would be
needed for congestion issues and asked what level of service could be assured. Joe Olson,
Traffic Operations, replied the stadium would be difficult to address with normal development
review criteria and congestion will just be a factor.
Councilmember Troxell noted other communities with on-campus stadiums have much more
developed transit systems. He suggested the importance of codifying contracted parking in the
IGA and expressed concern regarding funding stating the risk on the side of the public is in the
$30-50 million range. He requested a firm IGA and expressed concerns about impacts on nearby
neighborhoods and the City.
Councilmember Overbeck asked if boots could be used on illegally parked cars rather than tow
trucks. Cumbo replied a number of strategies could be used to manage parking, including
limiting access to local streets to residents.
Councilmember Overbeck suggested requiring the elimination of the cannon at football games
and suggested a fee related to stadium activity should be required in perpetuity in order to fund
neighborhood mitigation. He questioned how public drunkenness and intoxication would be
addressed and asked if Homeland Security would be addressing safety issues, stating any
resulting costs should not be paid by the City.
Councilmember Cunniff expressed concern there will be negative impacts on quality of life that
will not be able to be mitigated by dollars, infrastructure projects or City services and requested
assurance there is no cap on the mitigation estimate. City Manager Atteberry replied the number
is not settled.
Councilmember Cunniff suggested a process be in place for the identification of quality of life
impacts. Additionally, he supported the idea of an environmental impact statement comparing
the construction of a new stadium with a retrofitted Hughes and noted his preference is to not
build the stadium on the main campus.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 2014-109.
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Councilmember Troxell asked if there has been any assessment related to stranded costs or
stranded investments by the City related to infrastructure west of town and to Hughes. Cumbo
replied Overland Trail is wider than it would have been under other circumstances; however,
there is no specific information on the costs for the Hughes development. City Manager
Atteberry suggested research could be completed regarding any possible oversizing decisions
being related directly to the stadium.
Councilmember Cunniff asked if there will be any City representation at the Board of Governors
meeting. City Manager Atteberry replied Dr. Frank would personally be willing to read any
adopted Resolution into the record; however, he is attempting to arrange his schedule in order to
be able to attend.
Mayor Weitkunat stated Council is interested in having City representation, either by the City
Manager or Deputy City Manager.
Mayor Pro Tem Horak complemented staff work on the Resolution as being an excellent step
toward providing meaningful information to CSU and Dr. Frank.
Mayor Weitkunat complemented the information in the report as being helpful regardless of
whether or not a stadium is built.
RESULT: RESOLUTION 2014-109 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Wade Troxell, District 4
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
19. Second Reading of Ordinance No. 136, 2014, Amending Chapter 26 of the City Code
Regarding Calculation and Collection of Development Fees Imposed for the Construction of
New or Modified Electric Service Connections. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on November 18, 2014, by a vote of 3-2 (Nays:
Weitkunat, Troxell; Campana recused; Poppaw absent) revises the City Code provisions relating to
Electric Development Fees, in particular, Electric Capacity Fee Charges. The Ordinance clarifies
that the fees due are based on the rates effective on the date of final payment.
Councilmember Campana recused himself due to a conflict of interest and left the meeting at this
point.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 136, 2014, on Second Reading.
RESULT: ORDINANCE NO. 136, 2014 ADOPTED ON SECOND READING [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, Ross Cunniff
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
RECUSED: Campana
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ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adjourn to 6:00
PM on Tuesday, December 9, 2014, to consider a possible executive session and such other
matters as may come before the Council.
RESULT: ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Lisa Poppaw, District 2
AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak
AWAY: Campana
The meeting adjourned at 9:55 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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December 9, 2014
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
CALL MEETING TO ORDER
ROLL CALL
PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ABSENT:
Staff present: Atteberry, Daggett, Nelson
EXECUTIVE SESSION AUTHORIZED
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn into
executive session as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Sections 24-6-402(4)(f)(I), for the purpose of discussing the annual performance reviews
of the City Manager, City Attorney and Municipal Judge.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak
ADJOURNMENT
The meeting adjourned at 6:23 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment1.2: December 9, 2014 (2809 : Minutes-12/2, 12/9)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Nancy Nichols, Safe Routes to School Coordinator
SUBJECT
Second Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into the
Transportation Services Fund for the Safe Routes to School Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 6, 2015, appropriates unbudgeted funds
received through a grant for the Safe Routes to School program. The City of Fort Collins FC Moves
Department has received a $15,000 grant through the Sensible Transportation and Bicycle Advocacy initiative
at New Belgium Brewery for the 2015 Safe Routes to School (SRTS) program. This funding will allow the City’s
SRTS program (administered and staffed by FC Moves) to purchase strategic SRTS equipment for Fort Collins
youth.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 6, 2015 (PDF)
2. Ordinance No. 001, 2015 (PDF)
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY January 6, 2015
City Council
STAFF
Nancy Nichols, Safe Routes to School Coordinator
SUBJECT
First Reading of Ordinance No. 001, 2015, Appropriating Unanticipated Grant Revenue into the Transportation
Services Fund for the Safe Routes to School Program.
EXECUTIVE SUMMARY
The purpose of this item is to request appropriation of unbudgeted funds received through a grant for the Safe
Routes to School program. The City of Fort Collins FC Moves Department has received a $15,000 grant
through the Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery for the 2015 Safe
Routes to School (SRTS) program. This funding will allow the City’s SRTS program (administered and staffed
by FC Moves) to purchase strategic SRTS equipment for Fort Collins youth.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins FC Moves staff develops and administers the local SRTS program. The success of the
program is based on collaborations with local partners including Poudre School District (PSD), Thompson
School District, Bicycle and Pedestrian Education Coalition, Healthier Communities Coalition, Safe Kids
Larimer County, Boys & Girls Clubs of Larimer County, Bike Fort Collins, various City departments (Traffic
Operations, Police, Engineering, Streets), local businesses, individual schools and parents.
Both the 2008 Bicycle Plan and the 2011 Bicycle Safety Education Plan (BSEP) call for the City and
community partners to provide bicycle education for children. A major goal of the overall SRTS program is to
double the number of children who safely bike and walk to school - from an average of 20% to 25% of local
schoolchildren currently to 50% in 2015 and beyond.
Per the grant scope of work, the Fort Collins SRTS program will use the $15,000 grant funding to acquire the
following new equipment for use at K-12 schools:
Bicycle Workstations - Ten bike-repair stations (tools, workstand, pump) will be purchased by the SRTS
program for stationing at schools with active bike programs.
Ride Leader Bags - Twenty-five new SRTS ride leader bags will be assembled for carrying along on
educational rides with K-12 students.
Cargo Trailer and Tagalong - A new cargo trailer will be acquired for use in transporting SRTS equipment
by bicycle, along with a tagalong that schools may borrow to accommodate children unable to bike on their
own.
Air Compressor - A new portable air compressor will be acquired for inflating bike tires in conjunction with
SRTS programming at schools.
ATTACHMENT 1
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Attachment2.1: First Reading Agenda Item Summary, January 6, 2015 (2806 : SR 001 Safe Routes to School)
Agenda Item 6
Item # 6 Page 2
This project directly supports City Plan and the City’s Transportation Master Plan:
City Plan: Policy SW 2.3 - Support Active Transportation
Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and
safe use, as outlined in the Pedestrian Plan and Bicycle Plan.
Transportation Master Plan: Policy T 8.1 - Support Active Transportation
Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by
continuing bike and pedestrian safety education and encouragement programs, providing law
enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and
safe use.
FINANCIAL / ECONOMIC IMPACTS
This is the latest of several grants received by the City’s Safe Routes to School program since 2007, totaling
$729,983. New Belgium is providing the full $15,000, with no matching funds required. The City can begin
utilizing the funds immediately upon City Council’s approval of this appropriation.
Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of
active transportation. Economic savings are a clear result when people shift away from motor vehicle use,
particularly for short trips, and opt instead to walk or bike. These savings are realized by both individual
families as well as the larger community.
Choosing to walk or bike translates to personal savings for families through fewer car trips and reduced costs
for vehicle maintenance and fuel. For the larger community, reduced automobile emissions combined with a
more physically active populace translates to lower health-care costs by reducing the incidence of disease
associated with physical inactivity and air pollution.
Shifts to active transportation modes also impact the community’s economy through less wear and tear on
roadways (reducing road maintenance expenditures) and higher home values in areas with less traffic
congestion and air pollution.
ENVIRONMENTAL/HEALTH IMPACTS
Public-health and environmental agencies are recognizing the connection between active transportation
choices and improved health of both people and the environment. According to the Centers for Disease
Control and Prevention, “Although motor vehicle emissions have decreased significantly over the past three
decades, air pollution from motor vehicles continues to contribute to the degradation of our environment and
adverse respiratory and cardiovascular health effects.” The CDC specifically mentions Safe Routes to School
as a means of ameliorating the negative impacts of motor vehicle emissions and chronic diseases stemming
from physical inactivity among children.
BOARD / COMMISSION RECOMMENDATION
The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS
program. Both groups have shown strong support for the program’s goals as well as for grant funding to
support the program.
PUBLIC OUTREACH
SRTS public outreach occurs on an ongoing basis through presentations to school PTOs/PTAs, school
wellness teams and community groups. Public outreach is also accomplished through an SRTS annual report
and other information posted on the SRTS website, fcgov.com/saferoutes.
Packet Pg. 26
Attachment2.1: First Reading Agenda Item Summary, January 6, 2015 (2806 : SR 001 Safe Routes to School)
- 1 -
ORDINANCE NO. 001, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE INTO THE TRANSPORTATION
SERVICES FUND FOR THE SAFE ROUTES TO SCHOOL PROGRAM
WHEREAS, the Safe Routes to School Program established by the Colorado Department
of Transportation (CDOT) is designed to promote the safety of students traveling to and from
school and to encourage more students to choose walking or bicycling to and from school; and
WHEREAS, the City’s FC Moves Division has received a $15,000 grant through the
Sensible Transportation and Bicycle Advocacy initiative at New Belgium Brewery (the “Grant”)
for the 2015 Safe Routes To School (SRTS) Program; and
WHEREAS, the Grant will be used to purchase new bicycle equipment for K-12 schools;
and
WHEREAS, the Grant does not require the City to provide local matching funds; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the Grant funds will not
cause the total amount appropriated in the Transportation Services Fund - FY 2015 Safe Routes
to School program to exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant
revenue in the Transportation Services Fund the sum of FIFTEEN THOUSAND DOLLARS
($15,000) for the Safe Routes to School Program.
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 27
Attachment2.2: Ordinance No. 001, 2015 (2806 : SR 001 Safe Routes to School)
- 2 -
Passed and adopted on final reading on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 28
Attachment2.2: Ordinance No. 001, 2015 (2806 : SR 001 Safe Routes to School)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Melissa Funk, Victim Services Supervisor
John Hutto, Police Chief
SUBJECT
Second Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the General Fund
for the Fort Collins Police Services Victim Services Team.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 6, 2015 appropriates grant funds in the
amount of $37,000 received from the Eighth Judicial District Victim Assistance and Law Enforcement (VALE)
Board. This grant will fund the Victim Services Team of Fort Collins Police Services for victim advocacy
services under the Colorado Victim Rights Amendment for victims of crime and their family members. These
funds will be used for part of the salary for the victim advocate who provides crisis intervention services during
weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the
operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the
community.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 6, 2015 (PDF)
2. Ordinance No. 002, 2015 (PDF)
Packet Pg. 29
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY January 6, 2015
City Council
STAFF
Melissa Funk, Victim Services Supervisor
John Hutto, Police Chief
SUBJECT
First Reading of Ordinance No. 002, 2015, Appropriating Unanticipated Grant Revenue in the General Fund for
the Fort Collins Police Services Victim Services Team.
EXECUTIVE SUMMARY
The purpose of this item is to fund the Victim Services Team of Fort Collins Police Services for victim advocacy
services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort
Collins Police Services Victim Services Team has been awarded a 12-month grant in the amount of $37,000
for the period from January 1, 2015 to December 31, 2015 by the Eighth Judicial District Victim Assistance and
Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part
of the salary for the victim advocate who provides crisis intervention services during weekday hours and is
housed in the Victim Services office. These fund will also pay for a portion of the operational expenses
needed to provide 24-hour a day, 7-day a week services to victims of crime in the community.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Victim Services Team has received funding from the VALE grant since the inception of the program in 1996.
Services have been provided to thousands of victims and their family members who have become victims of
violent crime in the community. Council has approved appropriations of the grant revenue every year. Services
to the community would be drastically cut without this grant award.
FINANCIAL / ECONOMIC IMPACTS
The City has received a grant in the amount of $37,000 from the Eighth Judicial District Victim Assistance and
Law Enforcement Board to help fund victim services activities. This grant requires no local cash match.
ATTACHMENT 1
Packet Pg. 30
Attachment3.a: First Reading Agenda Item Summary, January 6, 2015 (2807 : SR 002 Victim Services Grant)
- 1 -
ORDINANCE NO. 002, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR
THE FORT COLLINS POLICE SERVICES VICTIM SERVICES TEAM
WHEREAS, the City of Fort Collins Police Services has been awarded a grant in the
amount of $37,000 (the “Grant”) for the period from January 1, 2015 to December 31, 2015 by
the Eighth Judicial District Victims and Law Enforcement (“VALE”) Board to support the Fort
Collins Police Services Victim Services Team (the “Victim Services Team”); and
WHEREAS, the Victim Services Team provides crisis intervention, resources and
referral services to victims of violent crime as well as other traumatic situations; and
WHEREAS, the Grant will be used to fund a part of the salary for the victim advocate
who provides crisis intervention services and to partially pay for operational expenses needed to
provide 24-hour a day, 7-day a week services to victims of crime in our community; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the Grant from the VALE
Board to support the Victim Services Team will not cause the total amount appropriated in the
relevant funds to exceed the current estimate of actual and anticipated revenues to be received in
that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the
General Fund the sum of THIRTY SEVEN THOUSAND DOLLARS ($37,000) for expenditure
in the General Fund for the Fort Collins Police Services Victim Services Team.
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 31
Attachment3.b: Ordinance No. 002, 2015 (2807 : SR 002 Victim Services Grant)
- 2 -
Passed and adopted on final reading on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 32
Attachment3.b: Ordinance No. 002, 2015 (2807 : SR 002 Victim Services Grant)
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Wanda Nelson, City Clerk
Rita Knoll, Chief Deputy City Clerk
SUBJECT
Items Relating to Petitions and Recall Charter Amendments.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum.
B. Second Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter Pertaining to the
Sufficiency of a Nominating Petition.
C. Second Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall
Elections.
These Ordinances, unanimously adopted on First Reading on January 6, 2015, place Charter Amendments
relating to petitions and recall for placement on the April 7, 2015 ballot.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
BACKGROUND / DISCUSSION
For Second Reading of Ordinance No. 005, 2015 regarding nominating petitions, staff was asked to conduct
research in an attempt to determine why the circulator is required to indicate the number of signatures collected on
the petition. Upon further review of the history of the Charter, staff has been unable to determine why this
requirement is included on the nomination petition. Staff received copies of the nomination petitions from five other
municipalities (Attachment 2) and none of them require that the number of signatures collected be recorded.
ATTACHMENTS
1. First Reading Agenda Item Summary, January 6, 2015 (w/o attachments) (PDF)
2. Summary of Circulator Statement/Affidavit (PDF)
3. Ordinance No. 004, 2015 (PDF)
4. Ordinance No. 005, 2015 (PDF)
5. Ordinance No. 006, 2015 (PDF)
Packet Pg. 33
Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY January 6, 2015
City Council
STAFF
Wanda Nelson, City Clerk
Rita Knoll, Chief Deputy City Clerk
SUBJECT
Items Related to Term Limits, Petitions, and Recall Charter Amendments.
EXECUTIVE SUMMARY
The purpose of this item is to consider Charter Amendments related to term limits, petitions and recall for
placement on the April 7, 2015 ballot.
A. First Reading of Ordinance No. 003, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Article II, Section 1(d) of the City Charter Pertaining to the Terms of
Office of the Mayor and City Councilmembers.
B. First Reading of Ordinance No. 004, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins Proposed Amendments to Article X of the City Charter Pertaining to Initiative and Referendum.
C. First Reading of Ordinance No. 005, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins Proposed Amendments to Article VIII, Section 4(b) of the City Charter Pertaining to the
Sufficiency of a Nominating Petition.
D. First Reading of Ordinance No. 006, 2015, Submitting to a Vote of the Registered Electors of the City of
Fort Collins a Proposed Amendment to Article IX, Section 3(c) of the City Charter Pertaining to Recall
Elections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
At the August 12, 2014 Work Session, staff presented proposed Charter Amendments for Council’s
consideration. The Charter Amendments concern initiative/referendum, candidate nomination, and recall.
Council also indicated they would like to consider a Charter Amendment about term limits.
Article IV Section 8 of the Fort Collins Charter states that the Charter may be amended at any time in the
manner provided by the laws of the State of Colorado. CRS 31-2-210(6) outlines the procedure to amend a
municipal Charter: “If a majority of the registered electors voting thereon vote for a proposed amendment, the
amendment shall be deemed approved.” Charter Amendments were last considered in April 2011, when
citizens voted during the Municipal election on redistricting, ranked voting, and the Library Park building
footprint.
ATTACHMENT 1
Packet Pg. 34
Attachment4.1: First Reading Agenda Item Summary, January 6, 2015 (w/o attachments) (2808 : SR 004-006 Charter amendments)
Agenda Item 9
Item # 9 Page 2
Ordinance No. 003, 2015, Concerning Term Limits
At the general election on November 8, 1994, Colorado voters approved an amendment to the Colorado
Constitution establishing term limits for municipal elected officials. Referred to as Amendment 17, the citizen-
initiated constitutional amendment placed statewide term limits on every state and local elected official in
Colorado. The provisions of Amendment 17 generally limit elected officials to no more than two consecutive
terms in office, except that with respect to terms of office which are two years or shorter in duration, elected
officials are limited to no more than three consecutive terms in office. Application of Amendment 17 in Fort
Collins currently limits Councilmembers to two consecutive four-year terms, and the Mayor to three
consecutive two-year terms. Amendment 17 also permits voters of a local government to lengthen, shorten or
eliminate the limitations on terms of office imposed by the Amendment. Prior to enactment of Amendment 17,
Fort Collins did not have term limits for elected officials. Since enactment of Amendment 17, Fort Collins
voters have not considered a term limits question.
It is important to note that the modification of the constitutionally imposed term limits does not necessarily
require amending the Charter, since the Charter does not currently speak to the number of consecutive terms
that the Mayor or other Councilmembers may serve. However, staff believes that, if the City Council wishes to
modify the terms limits, it would be advisable to present the issue to the voters as a proposed Charter
amendment so that the number of terms, if modified, would be specified in the Charter.
Staff has prepared three options for Council's consideration:
Option # Terms Permitted
for Mayor Serving
2 Year Terms
Total Years
Served Mayor
# Terms Permitted for
Councilmembers Serving 4
Year Terms
Total Years
Served
Councilmember
A* 3 6 2 8
B 4 8 3 12
C No limit No limit No limit No limit
*This is the structure that is currently followed.
Ordinance No. 004, 2015 Concerning Initiative and Referendum
Combined as one ballot question related to initiatives, this Ordinance would amend the Charter to:
a. Change the deadline to submit citizen initiative petitions from 60 days prior to the election to 90 days
prior to the election to allow enough time to meet TABOR deadlines and other deadlines called out in
Article X of the Charter.
b. Remove language that invalidates both signatures if a person signs a petition twice, and substitute
language that provides for the first signature found to be counted (if valid), and all subsequent
signatures to be rejected.
c. Add language to the Charter to clarify that additional signatures submitted to cure an insufficiency can
be collected any time after the Clerk’s approval of the form of petition.
d. Make it clear that a person can protest the determination of sufficiency OR insufficiency of a petition.
e. Allow the City Manager to appoint an alternate hearing officer (someone other than the City Clerk) for
protest hearings.
f. Clarify the sentence on the submission clause so as to require the response to all ballots question be
Yes/For or No/Against.
Although originally presented at the August Work Session to expand the amount of time the Clerk has to examine
a petition, staff determined this additional time would negatively impact other election-related deadlines and is no
longer being recommended.
Ordinance No. 005, 2015, Concerning Nomination Petitions
This Ordinance would amend Article VIII, Section 4(b) to remove language that requires a nomination petition
circulator to certify the number of signatures collected, and disregard signatures in excess of the number
certified. Staff is recommending this amendment because the number of signatures collected on the petition is
self-evident. Additionally, candidates have found this requirement confusing on the Nomination Petition and the
Packet Pg. 35
Attachment4.1: First Reading Agenda Item Summary, January 6, 2015 (w/o attachments) (2808 : SR 004-006 Charter amendments)
Agenda Item 9
Item # 9 Page 3
number of signatures collected was the focus of an election complaint filed in 2013. Finally, after researching
past Charter Amendments, staff cannot determine why this provision was put into the Charter.
Ordinance No. 006, 2015, Concerning Recall
In a recent Colorado Supreme Court decision, the court ruled that provisions similar to those contained in
Article IX, Section 3(c) of the City’s Municipal Charter conflict with the First and Fourteenth Amendments to the
United States Constitution. This ballot question would conform to the ruling that a person does not have to
vote on the question of recall in order for their vote for a successor candidate to be counted.
PUBLIC OUTREACH
Via email, staff reached out to the Chamber of Commerce, the Coloradoan, and the Fort Collins Board of
Realtors to inform them this item would be considered by Council and inquire if they had any questions. Mr.
Clint Skutchan with the Board of Realtors responded with the results of a community poll that was
commissioned in 2012 (Attachment 3).
ATTACHMENTS
1. CML Matrix Muncipal Elections-Term Limit Issues (PDF)
2. CML Publication FAQs Term Limits (PDF)
3. Board of Realtors Community Poll 2012 Term Limits (PDF)
4. PowerPoint Presentation (PPTX)
Packet Pg. 36
Attachment4.1: First Reading Agenda Item Summary, January 6, 2015 (w/o attachments) (2808 : SR 004-006 Charter amendments)
Summary of the verification language used by other municipalities:
Municipality Circulator Statement/Affidavit
Fort Collins
(Current)
VERIFIED STATEMENT OF CIRCULATOR
State of Colorado )
County of Larimer )
I, the undersigned, being of lawful age and first duly sworn, depose and state that I am the circulator of the foregoing petition containing
_________ signatures. Each signature was made in my presence and is the genuine signature of the person whose name it purports to be and
each signer stated to me that he or she is a registered elector of the City of Fort Collins.
SIGNATURE OF CIRCULATOR ADDRESS OF CIRCULATOR
Aurora
Greeley
ATTACHMENT 2
Packet Pg. 37
Attachment4.2: Summary of Circulator Statement/Affidavit (2808 : SR 004-006 Charter amendments)
Municipality Circulator Statement/Affidavit
Loveland
Rifle
Thornton
Packet Pg. 38
Attachment4.2: Summary of Circulator Statement/Affidavit (2808 : SR 004-006 Charter amendments)
- 1 -
ORDINANCE NO. 004, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE X OF THE CITY
CHARTER PERTAINING TO INITIATIVE AND REFERENDUM
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article X of the Charter establishes an initiative and referendum process and
the City Council has determined that amendment to those provisions is necessary in order to
clarify and update such provisions; and
WHEREAS, Article X, Section 1 (d) of the Charter states that an initiative petition must
be filed at least 60 days before a regular city election; and
WHEREAS, the City Council desires to amend the Charter to state that an initiative
petition must be filed at least 90 days before a regular city election; and
WHEREAS, Article X, Section 5(b)(3) of the Charter states that in the event the signature
of any person appears more than once on a petition, all such signatures shall be subject to
invalidation; and
WHEREAS, the City Council desires to amend the Charter to state that the first signature
of an registered elector who signs a petition more than once shall be considered valid and all
other signatures of that person shall be rejected; and
WHEREAS, Article X, Section 5(f)(2) states that an insufficient petition may be
amended if deemed insufficient; and
WHEREAS, the City Council desires to amend this provision to clarify that circulators
may gather signatures until the end of the “cure” period; and
WHEREAS, Article X, Section 5(f)(3) states that registered electors may protest the
sufficiency of a petition; and
WHEREAS, the City Council desires to amend the Charter in order to clarify that
registered electors may protest a determination by the City Clerk either that a petition is
sufficient or insufficient; and
Packet Pg. 39
Attachment4.3: Ordinance No. 004, 2015 (2808 : SR 004-006 Charter amendments)
- 2 -
WHEREAS, Article X, Section 5(f)(3) states that all protest hearings regarding a
determination of the City Clerk that a petition is sufficient must be held before the City Clerk;
and
WHEREAS, the City Council desires to amend the Charter to allow such hearings to take
place before the City Clerk or designee appointed by the City Manager; and
WHEREAS, Article X, Section 6(b) states that the official ballot used when voting upon
each proposed or referred measure shall have printed on it the ballot title and submission clause
and shall contain the words, “Yes” and “No” in response to a ballot question, or “For the
Ordinance” and “Against the Ordinance” or “For the Resolution” and “Against the Resolution”
in response to a ballot question; and
WHEREAS, the City Council desires to amend the Charter to state that the official ballot
used when voting upon each proposed or referred measure shall have printed on it the ballot title
and submission clause and shall contain the words, “Yes/For” and “No/Against” in response to a
ballot question.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following proposed changes to Article X of the City Charter shall
be submitted to the registered electors of the City as “Proposed Charter Amendment No. ___” at
the regular municipal election to be held on Tuesday, April 7, 2015:
Section 1. The initiative.
…
(d) Petition deadlines. The initiative petition shall be filed no more than sixty (60)
days after the City Clerk's approval of the form for circulation. Unless a special election is
requested, the petition must also be filed at least ninety (90) days prior to the next regular city
election. If the petition requests a special election in conjunction with a Larimer County
Coordinated or General Election, the City Clerk shall establish a submittal deadline for the
petition that will enable the measure to be considered at such election, which deadline shall be
consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct
of such elections, and, if applicable, with Article X, Section 20 of the Colorado Constitution, and
shall advise the petition representatives in writing as to the submittal deadline.
. . .
Section 5. Petitions.
. . .
Packet Pg. 40
Attachment4.3: Ordinance No. 004, 2015 (2808 : SR 004-006 Charter amendments)
- 3 -
(b) Form and content.
. . .
(3) Signatures. Only registered electors may sign the petitions authorized
under this Article. Each signer must sign his or her own signature and each
signature shall be followed by the printed name of the signer, the street and
number address of his or her residence, and the date of signing. No person shall
knowingly sign an initiative or referendum petition more than once. In the event
that the signature of any person appears more than once on a petition authorized
under this Article, the first signature verified shall be counted and all other
signatures of that person shall be rejected.
. . .
(f) Sufficiency of petition.
. . .
(2) Insufficient petition; amendment.
(i) If an initiative petition is deemed insufficient, whether following
the initial determination by the City Clerk, or following protest
proceedings, it may be amended by the submission of additional
signatures collected after the City Clerk approved the form of the petition
and within fifteen (15) days from the filing of the Clerk's certificate of
insufficiency. Such signatures must be collected consistent with the
requirements for collecting petition signatures as described in this Article.
Within five (5) working days after such amendment, the City Clerk shall
make examination of the amended petition and certify the result. If the
amended petition is still insufficient, or if no amendment was made before
the expiration of the time permitted for amendment, the petition shall be
null and void without prejudice to the filing of a new petition for the same
purpose.
(ii) If a referendum petition is deemed insufficient, it may be amended
by the submission of additional signatures collected consistent with the
requirements of this Article, but to be considered, must be amended within
the twenty-day circulation period after the City Clerk's approval of the
petition form for circulation. Within five (5) days after such amendment,
the City Clerk shall make like examination of the amended petition and
certify the result. If the amended petition is still insufficient, or if no
amendment was made before the expiration of the time permitted for
amendment, said referendum petition is null and void and a new petition
may not thereafter be filed for referendum of the same ordinance.
Packet Pg. 41
Attachment4.3: Ordinance No. 004, 2015 (2808 : SR 004-006 Charter amendments)
- 4 -
(3) Protests. Registered electors desiring to protest a determination by the City
Clerk that a petition is either sufficient or insufficient may file a written protest,
under oath, in the office of the City Clerk within ten (10) days of the filing of the
petition. The protest shall set forth with particularity the grounds of protest and
the names and defects in form protested. Upon the filing of a protest, the City
Clerk shall set a time for hearing such protest, which shall be no more than seven
(7) days thereafter. At least five (5) days prior to the hearing, the City Clerk shall
mail a copy of the protest to all of the designated petition representatives together
with a notice of the time for hearing. All hearings shall be before a hearing officer
appointed by the City Manager who shall have the power to issue subpoenas to
compel the attendance of witnesses and the production of documents. All records
and hearings shall be public, and all testimony shall be under oath. The hearing
shall be summary in nature and concluded within thirty (30) days after the petition
was filed. Said hearing officer shall decide and certify the results of the hearing
within ten (10) days after the hearing is concluded. The City Clerk shall make any
final determination regarding the sufficiency or insufficiency of a petition and
shall base such determination on the protest hearing results certified by the
hearing officer. A petition for referendum which has been deemed insufficient
after protest may not be amended or circulated further.
. . .
Section 6. Elections.
…
(b) Ballots… The official ballot used when voting upon each proposed or referred
measure shall have printed on it the ballot title and submission clause and shall contain
the words, “Yes/For” and “No/Against” in response to each measure.
Section 2. That the following ballot language is hereby adopted for submitting
Proposed Charter Amendment No. ___ to the voters at said election:
Packet Pg. 42
Attachment4.3: Ordinance No. 004, 2015 (2808 : SR 004-006 Charter amendments)
- 5 -
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall various sections of Article X of the Charter of the City of
Fort Collins, pertaining to initiative and referendum, be amended
to clarify certain procedural requirements as follows: increase from
sixty to ninety days the amount of time an initiative petition must
be filed with the City Clerk before a regular City election; provide
that if a voter signs a petition more than once, the first signature
shall be counted and all subsequent signatures rejected; to clarify
that signatures may be added to a petition during the designated
cure period; to clarify that a registered elector may protest the
sufficiency or insufficiency of a petition; to provide for the City
Manager to appoint a hearing officer other than the City Clerk to
conduct the hearing in the event of a protest; and to change the
wording of a submission clause to “Yes/For” and “No/Against” in
response to each measure?
______Yes
______No
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 43
Attachment4.3: Ordinance No. 004, 2015 (2808 : SR 004-006 Charter amendments)
- 6 -
Passed and adopted on final reading on this 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 44
Attachment4.3: Ordinance No. 004, 2015 (2808 : SR 004-006 Charter amendments)
- 1 -
ORDINANCE NO. 005, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
OF FORT COLLINS PROPOSED AMENDMENTS TO ARTICLE VIII,
SECTION 4(b) OF THE CITY CHARTER PERTAINING TO THE SUFFICIENCY
OF A NOMINATING PETITION
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article VIII, Section 4(b) of the Charter states that if a petition is found to
be signed by more persons than the number of signatures certified by the circulator, the last
signatures in excess of the number certified shall be disregarded; and
WHEREAS, the City Council desires to amend the Charter to eliminate such provision
from the Charter so that a circulator is not required to certify the number of signatures on the
petition because the number of signatures on the petition is self-evident.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following proposed change to Article VIII, Section 4(b) of the
City Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015:
Section 4. Petitions.
…
(b) Sufficiency of petition. Upon receipt of a nominating petition, the City Clerk shall
forthwith examine the petition, and within five (5) days after the filing of the petition,
notify the candidate in writing of the results of the examination, specifying the particulars
of insufficiency, if any. Within the regular time for filing petitions, an insufficient
petition may be amended and filed again as a new petition, in which case the time of the
first filing shall be disregarded in determining the validity of signatures thereon, or a
different petition may be filed for the same candidate. The petition for each candidate
elected to office shall be preserved by the City Clerk until the expiration of the terms of
office for such person.
Section 2. That the following ballot language is hereby adopted for submitting
Proposed Charter Amendment No. ___ to the voters at said election:
Packet Pg. 45
Attachment4.4: Ordinance No. 005, 2015 (2808 : SR 004-006 Charter amendments)
- 2 -
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall Article VIII, Section 4(b) of the Fort Collins City Charter be
amended to eliminate provisions from the Charter providing that a
circulator is required to certify the number of signatures on a
petition nominating a candidate for City Council and that the last
signatures in excess of the number certified shall be disregarded
and to simplify the process for the City Clerk’s examination of a
nominating petition?
______Yes
______No
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 46
Attachment4.4: Ordinance No. 005, 2015 (2808 : SR 004-006 Charter amendments)
- 1 -
ORDINANCE NO. 006, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE IX,
SECTION 3(c) OF THE CITY CHARTER PERTAINING TO RECALL ELECTIONS
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article IX, Section 3(c) of the Charter states that certain language shall be
effective in counting recall votes and shall appear on a recall ballot to the effect that no vote cast
shall be counted for any candidate for such office unless the voter also voted for or against the
recall of the person sought to be recalled from the office; and
WHEREAS, in a recent Colorado Supreme Court decision, the court ruled that provisions
similar to such Charter language conflict with the First and Fourteenth Amendments to the
United States Constitution.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following proposed change to Article IX, Section 3(c) of the City
Charter shall be submitted to the registered electors of the City as “Proposed Charter
Amendment No. ___” at the regular municipal election to be held on Tuesday, April 7, 2015:
Section 3. Elections.
…
(c) Ballots. There shall be printed on the official ballot, as to every officer whose
recall is to be voted on, the statement of grounds and, if requested by the affected officer,
the officer's statement in defense followed by the words, "Shall (name of person against
whom the recall petition is filed) be recalled from the office of (__________)?"
Following such question shall appear the words, "Yes" indicating a vote in favor of the
recall and "No" indicating a vote against such recall. On such ballots, under each
question, there shall also be printed the names of those persons who have been nominated
as candidates to succeed the person sought to be recalled.
Section 2. That the following ballot language is hereby adopted for submitting
Proposed Charter Amendment No. ___ to the voters at said election:
Packet Pg. 47
Attachment4.5: Ordinance No. 006, 2015 (2808 : SR 004-006 Charter amendments)
- 2 -
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall Article IX, Section 3(c) of the Fort Collins City Charter,
pertaining to votes cast in the event of a recall, be amended to
eliminate the requirement that no vote cast for a candidate to
replace a recalled City Councilmember shall be counted unless the
voter also voted for or against the recall of the person sought to be
recalled from the office (which amendment is made necessary by a
recent decision of the Colorado Supreme Court that prohibits such
a requirement)?
______Yes
______No
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 48
Attachment4.5: Ordinance No. 006, 2015 (2808 : SR 004-006 Charter amendments)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Renee Lee, Therapeutic Recreation Specialist
SUBJECT
First Reading of Ordinance No. 008, 2015, Appropriating Unanticipated Grant Revenue in the Recreation Fund
for the Adaptive Recreation Opportunities Program Paralympic Sports Club.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $15,000 of unanticipated grant revenue in the Recreation Fund to be
used for general operating support for the Adaptive Recreation Opportunities (ARO) program Paralympic Sport
Club. ARO has been selected to receive a grant of $15,000 from U.S. Department of Veterans Affairs (VA) for
Veterans Adaptive Sports Programs serving Disabled Veterans and disabled Members of the Armed Forces,
funding cycle of October 2014- September 2015.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The ARO program serves community members with disabilities to support their participation in recreation
programs and activities of their choice and has been a Paralympic Sport Club for five years. The VA Adaptive
Sports grant will allow ARO to provide local veterans the opportunity to learn adaptive techniques and receive
training in the Paralympic sports of swimming and archery, focusing on skill development, fitness and
community reintegration. Integrative Restorative (iRest) Yoga Nidra will also be offered and is used at Walter
Reed Army Medical Center and other VA facilities and has been proven to diminish symptoms of PTSD,
anxiety and depression. This grant project will also help strengthen our partnership with the Cheyenne VA
Outpatient clinic and other veteran agencies who serve veterans with physical and visual disabilities.
FINANCIAL/ECONOMIC IMPACTS
The VA Veterans Adaptive Sports Program grant will contribute to existing ARO programs and services and
will not require any additional City financial resources.
PUBLIC OUTREACH
The grant programs will be advertised through the ARO newsletter/ brochures and on the ARO website. The
grant director, Renee Lee, will attend the Larimer Co. Veteran Advisory Group monthly meetings and present
opportunities to veteran groups when available.
ATTACHMENTS
1. Paralympic Adaptive Sports Abstract (PDF)
2. City of Fort Collins ASB-16 Transmit Letter (PDF)
Packet Pg. 49
Paralympic Aquatics, Archery and Wellness Programs
Abstract for #VA-ASP-2015-01
The Paralympic aquatics, archery and wellness programs will be administered through the City of
Fort Collins Paralympic Sport Club, an Adaptive Recreation Opportunities (ARO) program. ARO offers
recreation programs and services for people with disabilities so they may participate in leisure activities
of their choice. ARO has been an established USOC Paralympic Sport Club since 2010 and has developed
a strong partnership with the Cheyenne VA Outpatient Clinic and the Cheyenne VAMC, who both
provide direct veteran referrals and staff training. Currently, the Cheyenne VA operates two large
outpatient clinics in the Northern Colorado region, one being in Fort Collins. Both facilities have had
expansive growth over the past several years and an increased need for innovative patient centered
care initiatives. The primary populations are veterans with Polytrauma, traumatic brain injury, physical
disability, PTSD and pain management needs. Through collaboration with the Cheyenne VA, we hope to
prove positive outcomes using sports, recreation and wellness engagement as a therapeutic treatment
modality to help promote recovery.
Disabled veterans and injured members of the Armed Forces will have the opportunity to learn
adaptive techniques and receive training in the Paralympic sports of swimming and archery, focusing on
skill development, fitness and community reintegration. Coaches training and certification of staff will
increase the competency and sustainability of these sports for future opportunities. The selected sports
of swimming and archery will allow us to build on the success of our current U.S. Paralympics Integrated
Adaptive Sports Program grant offerings, while the addition of Integrative Restorative (iRest) Yoga Nidra
will allow veterans that are more severely impacted by PTSD, a place to continue to heal within their
community towards eventual recreation participation. The participants will also be able to benefit from
other ongoing ARO Paralympic sport club programs including cycling, wheelchair rugby, goalball, skiing,
kayaking, and guided running. Veterans will be integrated into community programs as a means to
facilitate their increased awareness of community resources and support, to allow for more sustainable
leisure and recreational opportunities and to promote healthy, active lifestyles.
ATTACHMENT 1
Packet Pg. 50
Attachment5.1: Paralympic Adaptive Sports Abstract (2810 : VA Adaptive Sports Program Grant for Disabled Veterans)
ATTACHMENT 2
Packet Pg. 51
Attachment5.2: City of Fort Collins ASB-16 Transmit Letter (2810 : VA Adaptive Sports Program Grant for Disabled Veterans)
- 1 -
ORDINANCE NO. 008, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE
RECREATION FUND FOR THE ADAPTIVE RECREATION
OPPORTUNITIES PROGRAM PARALYMPIC SPORT CLUB
WHEREAS, the Recreation Department’s Adaptive Recreation Opportunities program
(ARO) has been selected by the United States Olympic Committee (USOC) to receive a grant in
the amount of $15,000 during the funding cycle of October 2014- September 2015; and
WHEREAS, this grant opportunity is made available through a partnership between the
USOC and the United States Department of Veterans Affairs (VA) for the U.S. Paralympics
Integrated Adaptive Sports Program, which provides integrated adaptive sports for disabled
Veterans and disabled members of the Armed Forces; and
WHEREAS, the grant totals $15,000, which includes funding for qualified instructors;
coaching certification; and facility, transportation and equipment costs as related to providing
veteran specific opportunities in two Paralympics sports: swimming and archery; and the
addition of Integrative Restorative (iRest) Yoga Nidra for veterans more severely impacted by
PTSD; 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 the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, City staff has determined the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Recreation Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that there is hereby appropriated for expenditure from unanticipated grant
revenue in the Recreation Fund the sum of FIFTEEN THOUSAND DOLLARS ($15,000) for the
ARO program partnership with the USOC and VA to serve veterans with physical and visual
disabilities.
Packet Pg. 52
- 2 -
Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2015, and to be presented for final passage on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 53
Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Kyle Lambrecht, Civil Engineer
SUBJECT
Items Relating to the North College Pedestrian Multi-Use Path Project.
EXECUTIVE SUMMARY
A. Resolution 2015-007 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado
Department of Transportation for a Construction Grant in Support of the North College Pedestrian Multi-
Use Path Project.
B. First Reading of Ordinance No. 009, 2015, Appropriating Unanticipated Revenue in the Capital Projects
Fund for the North College Pedestrian Multi-Use Path Project, Authorizing the Transfer of Appropriations
from the Building on Basics Pedestrian Plan and American with Disabilities Improvements Project Into the
North College Pedestrian Multi-Use Path Project.
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA) with the
Colorado Department of Transportation (CDOT) and to appropriate federal grant and local funds into the North
College Pedestrian Multi-Use Path Project. This project will design and construct pedestrian amenities along
North College Avenue between the northern city limits and State Highway 1. The proposed actions will enable
initiation of the project.
Total project funds will be appropriated as follows:
Federal Grant Funds - $752,000
Local Matching Funds Previously Appropriated by Urban Renewal Authority (URA) - $125,000
Local Matching Funds to be Appropriated from Pedestrian Improvement Funds - $31,323
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
BACKGROUND / DISCUSSION
North College Avenue, also known as US Highway 287, is a major thoroughfare for both the City of Fort Collins
and the Colorado Department of Transportation (CDOT). By 2016, the City will have rehabilitated the North
College corridor within the city limits through the addition of multimodal, roadway, urban design, and utility
improvements. CDOT is currently pursuing a project to improve the section of North College Avenue from
State Highway 1 to the LaPorte Bypass, including improving the intersection of US Highway 287 and the
LaPorte Bypass
Packet Pg. 54
Agenda Item 6
Item # 6 Page 2
As a result of City initiated improvements along the North College Corridor and CDOT’s project, a gap in
pedestrian infrastructure will exist along both sides of North College Avenue for approximately 1,000 feet. The
area of missing pedestrian infrastructure includes a crossing over the Larimer and Weld Canal. Bicyclists and
pedestrians are currently forced to merge with traffic in order to cross the canal on North College Avenue, a
designated truck route.
Initial pedestrian facility discussions began in 2010 as part of the North College Marketplace Development.
The City negotiated with the developer to provide $125,000 for the construction of a pedestrian bridge crossing
the Larimer and Weld Canal. The Urban Renewal Authority (URA) agreed to transfer the funds to the City
satisfying the development agreement between the City and the developer. This transfer was formalized as
part of URA Resolution No. 076.
In 2012, the City was awarded $752,000 of federal Congestion Mitigation and Air Quality (CMAQ) funds by the
North Front Range Metropolitan Planning Organization (NFRMPO) to initiate a project addressing the lack of
pedestrian facilities along North College Avenue between the city limits and State Highway 1. The City must
provide $156,323 of local matching funds. Local funds include the $125,000 payment from the URA and
$31,323 of Pedestrian Improvements funds. The overall project budget is $908,323.
Staff anticipates that the grant and matching funds will allow for the design, right-of-way acquisition, and
construction of multi-modal improvements along both sides of North College Avenue within the defined project
limits, including a pedestrian crossing over the Larimer and Weld Canal. The project will incorporate context-
sensitive design, striving to balance the needs of existing businesses while working to accommodate future
development. Staff anticipates opportunities for coordination with the short and long term access control plans
along the affected portion of US Highway 287.
This project will impact a state facility. Coordination with CDOT will be necessary to ensure a successful
project. The impacted section of US Highway 287 is outside of the city limits but inside the Growth
Management Area. Staff will coordinate with and seek input from Larimer County as the project progresses.
The CMAQ and the developer contribution funds are ineligible for use toward public art, as a public art use was
not listed in the project described in the CMAQ grant application nor in the agreement to secure the developer
contribution. Nevertheless, prior appropriations to the BOB Pedestrian & ADA Improvements Project in the
2015 budget included transfer of one percent for the Art in Public Places (APP) program. Because funds have
already been transferred and appropriated for APP purposes from the Pedestrian & ADA Improvements
Project contribution to the project, the proposed ordinance does not appropriate additional funds. Engineering
staff has agreed to coordinate with APP staff to incorporate appropriate public art into the project.
The design phase of this project is scheduled to begin in spring 2015. Construction is tentatively scheduled for
the summer-fall 2016.
Staff is currently pursuing an additional project which would provide roadway improvements along the same
section of North College Avenue as this pedestrian improvement project. Further items will be brought before
Council as the roadway project progresses.
FINANCIAL / ECONOMIC IMPACTS
The following is a summary of the funding available to design and construct pedestrian improvements along
North College Avenue between the northern city limits and State Highway 1:
Funds to be Appropriated per this Action
Federal Funds to be Appropriated
NFRMPO (CMAQ) Funds $752,000
Local Matching Funds to be
Appropriated
Packet Pg. 55
Agenda Item 6
Item # 6 Page 3
NFRMPO Local Match $156,323
Total Budgeted Funds per IGA $908,323
Providing pedestrian infrastructure along this portion of North College Avenue will have potentially significant
positive impacts. Citizens residing north of the canal will have safer access via walking and bicycling to
businesses located along North College Avenue. Due to the presence of a mobile home park along the north
end of the project, it is likely that a significant number of residents depend on multi-modal transportation to
access these businesses, as well as services located south of the canal. Services south of the canal include
the Larimer County Food Bank and various health facilities.
ENVIRONMENTAL IMPACTS
The City was awarded a Congestion Mitigation and Air Quality (CMAQ) grant for this project for significant
predicted air quality benefits. The addition of dedicated multi-modal facilities will promote walking and
bicycling, resulting in predicted air quality improvements.
BOARD / COMMISSION RECOMMENDATION
The NFRMPO received a project overview and awarded the City grant funds to be applied to this project. Staff
will provide periodic updates and seek input from the Transportation Board as the project moves forward.
PUBLIC OUTREACH
Staff plans on conducting public outreach, including open houses, individual property owner meetings, and
regular updates to the North Fort Collins Business Association.
Staff has begun coordination with Larimer County staff. County staff was informed of the project scope. City
and County staff will continue to coordinate throughout the project.
ATTACHMENTS
1. Project Location Map (PDF)
2. URA Resolution No. 076 (PDF)
Packet Pg. 56
Larimer & Weld Canal
³I
ÉZYXW
Project Location Map
Printed: August 08, 2014
Path: S:\Engineering\Projects\Capital Projects\Maps\N College\Pedestrian path\AIS Location Map.mxd
Legend
³Limits 0 50 100 200 300 Feet City
Project Limits
ATTACHMENT 1
Packet Pg. 57
Attachment6.1: Project Location Map (2779 : North College Pedestrian Multi-Use Path Project)
ATTACHMENT 2
Packet Pg. 58
Attachment6.2: URA Resolution No. 076 (2779 : North College Pedestrian Multi-Use Path Project)
Packet Pg. 59
Attachment6.2: URA Resolution No. 076 (2779 : North College Pedestrian Multi-Use Path Project)
Packet Pg. 60
Attachment6.2: URA Resolution No. 076 (2779 : North College Pedestrian Multi-Use Path Project)
- 1 -
RESOLUTION 2015-007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
FOR A CONSTRUCTION GRANT IN SUPPORT OF THE NORTH COLLEGE
PEDESTRIAN MULTI-USE PATH PROJECT
WHEREAS, North College Avenue is a major thoroughfare for both the City and the
Colorado Department of Transportation (CDOT); and
WHEREAS, the City has rehabilitated the North College corridor within the City limits
and CDOT is currently pursuing a project to improve the section of North College Avenue from
State Highway 1 to the LaPorte Bypass; and
WHEREAS, as a result of the North College Corridor improvements, a gap in pedestrian
infrastructure will exist along both sides of North College Avenue for approximately 1,000 feet
including a crossing over the Larimer and Weld Canal; and
WHEREAS, with the North College Marketplace Development the City negotiated with
the developer to provide $125,000 for the construction of a pedestrian bridge crossing the
Larimer and Weld Canal and in 2014 the Urban Renewal Authority transferred these funds to the
City; and
WHEREAS, the City has been awarded $752,000 of federal Congestion Mitigation and
Air Quality funds by the North Front Range Metropolitan Planning Organization to initiate a
project addressing the lack of pedestrian facilities along North College Avenue between the City
limits and State Highway 1; and
WHEREAS, CDOT has presented to the City for execution a construction grant contract
in support of the North College Pedestrian Multi-Use Path Project (the “Project”), the total cost
of which project is anticipated to be $908,323 with the CDOT contribution under the grant
construction agreement in the amount of $752,000, and the balance of $156,323 to be funded
through local matching funds; and
WHEREAS, the City Council has received the favorable recommendation for the Project
from the North Front Range Metropolitan Planning Organization and the City’s Transportation
Board; and
WHEREAS, City staff has conducted extensive public outreach on the Project; and
WHEREAS, the City Council has determined that the execution of the construction grant
agreement with CDOT is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Mayor is hereby authorized to enter into a grant construction
agreement with Colorado Department of Transportation in support of the North College
Packet Pg. 61
- 2 -
Pedestrian Multi-Use Path Project attached hereto as Exhibit “A”, and incorporated herein by
this reference, with such changes to the form of said agreement as the City Manager, in
consultation with the City Attorney, determines to be necessary or appropriate to protect the
interests of the City provided that such changes are materially consistent with the terms and
conditions of this Resolution and the intended purpose of said agreement, with grant funds in the
sum of $752,000 and local matching funds in the sum of $156,323 for a total cost of $908,323
for the Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 62
(FMLAWRK) Rev. 7/8/09
Project: US287: Willox to SH 1 & Ped Bridge (AQC M455-
111) 19561
Routing #: 15 HA4 75629
Region: 04 (rh) SAP ID #: 471000624
STATE OF COLORADO
Department of Transportation
Agreement
with
City of Fort Collins
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................ 2
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ................................................................... 2
3. RECITALS ............................................................................................................................................. 2
4. DEFINITIONS ........................................................................................................................................ 2
5. TERM AND EARLY TERMINATION ................................................................................................. 3
6. SCOPE OF WORK ................................................................................................................................. 3
7. OPTION LETTER MODIFICATION .................................................................................................... 7
8. PAYMENTS ........................................................................................................................................... 7
9. ACCOUNTING ...................................................................................................................................... 9
10. REPORTING - NOTIFICATION ........................................................................................................... 9
11. LOCAL AGENCY RECORDS ............................................................................................................ 10
12. CONFIDENTIAL INFORMATION-STATE RECORDS.................................................................... 11
13. CONFLICT OF INTEREST ................................................................................................................. 11
14. REPRESENTATIONS AND WARRANTIES ..................................................................................... 11
15. INSURANCE ........................................................................................................................................ 12
16. DEFAULT-BREACH ........................................................................................................................... 13
17. REMEDIES .......................................................................................................................................... 13
18. NOTICES and REPRESENTATIVES ................................................................................................. 15
19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE ............................................. 15
20. GOVERNMENTAL IMMUNITY........................................................................................................ 15
21. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................... 16
22. FEDERAL REQUIREMENTS ............................................................................................................. 16
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE) .................................................................... 16
24. DISPUTES ............................................................................................................................................ 16
25. GENERAL PROVISIONS ................................................................................................................... 17
26. COLORADO SPECIAL PROVISIONS ............................................................................................... 19
27. SIGNATURE PAGE ............................................................................................................................ 21
28. EXHIBIT A – SCOPE OF WORK
29. EXHIBIT B – LOCAL AGENCY RESOLUTION
30. EXHIBIT C – FUNDING PROVISIONS
31. EXHIBIT D – OPTION LETTER
32. EXHIBIT E – LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
33. EXHIBIT F – CERTIFICATION FOR FEDERAL-AID CONTRACTS
34. EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE
35. EXHIBIT H – LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
36. EXHIBIT I – FEDERAL-AID CONTRACT PROVISIONS
37. EXHIBIT J – FEDERAL REQUIREMENTS
38. EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS
EXHIBIT A
Packet Pg. 63
Attachment1: Exhibit A (2798 : North College Pedestrian Multi-Use Path Project RESO)
Document Builder Generated Page 2 of 21
1. PARTIES
THIS AGREEMENT is entered into by and between City of Fort Collins (hereinafter called the “Local Agency”),
and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the
“State” or “CDOT”).
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State
Controller or their designee (hereinafter called the “Effective Date”). The State shall not be liable to pay or
reimburse the Local Agency for any performance hereunder, including, but not limited to costs or expenses
incurred, or be bound by any provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a
sufficient unencumbered balance thereof remains available for payment and the required approval, clearance
and coordination have been accomplished from and with appropriate agencies.
i. Federal Authority
Pursuant to Title I, Subtitle A, Section 1108 of the “Transportation Equity Act for the 21st Century” of
1998 (TEA-21) and/or the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users” (SAFETEA-LU) of 2005 and to applicable provisions of Title 23 of the United States Code
and implementing regulations at Title 23 of the Code of Federal Regulations, as may be amended,
(collectively referred to hereinafter as the “Federal Provisions”), certain federal funds have been and are
expected to continue to be allocated for transportation projects requested by the Local Agency and
eligible under the Surface Transportation Improvement Program that has been proposed by the State and
approved by the Federal Highway Administration (“FHWA”).
ii. State Authority
Pursuant to CRS §43-1-223 and to applicable portions of the Federal Provisions, the State is responsible
for the general administration and supervision of performance of projects in the Program, including the
administration of federal funds for a Program project performed by a Local Agency under a contract
with the State. This Agreement is executed under the authority of CRS §§29-1-203, 43-1-110; 43-1-116,
43-2-101(4)(c) and 43-2-104.5.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Agreement.
C. Purpose
The purpose of this Agreement is to disburse Federal funds to the Local Agency pursuant to CDOT’s
Stewardship Agreement with the FHWA.
D. References
All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments contained herein
or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Agreement or Contract
“Agreement” or “Contract” means this Agreement, its terms and conditions, attached exhibits, documents
incorporated by reference under the terms of this Agreement, and any future modifying agreements, exhibits,
attachments or references that are incorporated pursuant to Colorado State Fiscal Rules and Policies.
B. Agreement Funds
“Agreement Funds” means funds payable by the State to Local Agency pursuant to this Agreement.
C. Budget
“Budget” means the budget for the Work described in Exhibit C.
D. Consultant and Contractor
“Consultant” means a professional engineer or designer hired by Local Agency to design the Work and
“Contractor” means the general construction contractor hired by Local Agency to construct the Work.
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E Evaluation
“Evaluation” means the process of examining the Local Agency’s Work and rating it based on criteria
established in §6 and Exhibits A and E.
F. Exhibits and Other Attachments
The following exhibit(s) are attached hereto and incorporated by reference herein: Exhibit A (Scope of
Work), Exhibit B (Resolution), Exhibit C (Funding Provisions), Exhibit D (Option Letter), Exhibit E
(Checklist), Exhibit F (Certification for Federal-Aid Funds), Exhibit G (Disadvantaged Business
Enterprise), Exhibit H (Local Agency Procedures), Exhibit I (Federal-Aid Contract Provisions), Exhibit J
(Federal Requirements) and Exhibit K (Supplemental Federal Provisions).
G. Goods
“Goods” means tangible material acquired, produced, or delivered by the Local Agency either separately or
in conjunction with the Services the Local Agency renders hereunder.
H. Oversight
“Oversight” means the term as it is defined in the Stewardship Agreement between CDOT and the Federal
Highway Administration (“FHWA”) and as it is defined in the Local Agency Manual.
I. Party or Parties
“Party” means the State or the Local Agency and “Parties” means both the State and the Local Agency
J. Work Budget
Work Budget means the budget described in Exhibit C.
K. Services
“Services” means the required services to be performed by the Local Agency pursuant to this Contract.
L. Work
“Work” means the tasks and activities the Local Agency is required to perform to fulfill its obligations under
this Contract and Exhibits A and E, including the performance of the Services and delivery of the Goods.
M. Work Product
“Work Product” means the tangible or intangible results of the Local Agency’s Work, including, but not
limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished
documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM AND EARLY TERMINATION
The Parties’ respective performances under this Agreement shall commence on the Effective Date. This
Agreement shall terminate after five (5) years of state controllers signature in section 27, unless sooner terminated
or completed as demonstrated by final payment and final audit.
6. SCOPE OF WORK
A. Completion
The Local Agency shall complete the Work and other obligations as described herein in Exhibit A. Work
performed prior to the Effective Date or after final acceptance shall not be considered part of the Work.
B. Goods and Services
The Local Agency shall procure Goods and Services necessary to complete the Work. Such procurement
shall be accomplished using the Contract Funds and shall not increase the maximum amount payable
hereunder by the State.
C. Employees
All persons employed hereunder by the Local Agency, or any Consultants or Contractors shall be considered
the Local Agency’s, Consultants’, or Contractors’ employee(s) for all purposes and shall not be employees
of the State for any purpose.
D. State and Local Agency Commitments
i. Design
If the Work includes preliminary design or final design or design work sheets, or special provisions and
estimates (collectively referred to as the “Plans”), the Local Agency shall comply with and be responsible
for satisfying the following requirements:
a) Perform or provide the Plans to the extent required by the nature of the Work.
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b) Prepare final design in accordance with the requirements of the latest edition of the American
Association of State Highway Transportation Officials (AASHTO) manual or other standard, such
as the Uniform Building Code, as approved by the State.
c) Prepare provisions and estimates in accordance with the most current version of the State’s Roadway
and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local
Agency specifications if approved by the State.
d) Include details of any required detours in the Plans in order to prevent any interference of the
construction Work and to protect the traveling public.
e) Stamp the Plans produced by a Colorado Registered Professional Engineer.
f) Provide final assembly of Plans and all other necessary documents.
g) Be responsible for the Plans’ accuracy and completeness.
h) Make no further changes in the Plans following the award of the construction contract to contractor
unless agreed to in writing by the Parties. The Plans shall be considered final when approved in
writing by CDOT and when final they shall be incorporated herein.
ii. Local Agency Work
a) Local Agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document “ADA Accessibility
Requirements in CDOT Transportation Projects”.
b) Local Agency shall afford the State ample opportunity to review the Plans and make any changes
in the Plans that are directed by the State to comply with FHWA requirements.
c) Local Agency may enter into a contract with a Consultant to perform all or any portion of the Plans
and/or of construction administration. Provided, however, if federal-aid funds are involved in the
cost of such Work to be done by such Consultant, such Consultant contract (and the
performance/provision of the Plans under the contract) must comply with all applicable
requirements of 23 C.F.R. Part 172 and with any procedures implementing those requirements as
provided by the State, including those in Exhibit H. If the Local Agency enters into a contract with
a Consultant for the Work:
(1) Local Agency shall submit a certification that procurement of any Consultant contract complies
with the requirements of 23 C.F.R. 172.5(1) prior to entering into such Consultant contract,
subject to the State’s approval. If not approved by the State, the Local Agency shall not enter
into such Consultant contract.
(2) Local Agency shall ensure that all changes in the Consultant contract have prior approval by
the State and FHWA and that they are in writing. Immediately after the Consultant contract has
been awarded, one copy of the executed Consultant contract and any amendments shall be
submitted to the State.
(3) Local Agency shall require that all billings under the Consultant contract comply with the
State’s standardized billing format. Examples of the billing formats are available from the
CDOT Agreements Office.
(4) Local Agency (and any Consultant) shall comply with 23 C.F.R. 172.5(b) and (d) and use the
CDOT procedures described in Exhibit H to administer the Consultant contract.
(5) Local Agency may expedite any CDOT approval of its procurement process and/or Consultant
contract by submitting a letter to CDOT from the Local Agency’s attorney/authorized
representative certifying compliance with Exhibit H and 23 C.F.R. 172.5(b)and (d).
(6) Local Agency shall ensure that the Consultant contract complies with the requirements of 49
CFR 18.36(i) and contains the following language verbatim:
(a) The design work under this Agreement shall be compatible with the requirements of the
contract between the Local Agency and the State (which is incorporated herein by this
reference) for the design/construction of the project. The State is an intended third-party
beneficiary of this agreement for that purpose.
(b) Upon advertisement of the project work for construction, the consultant shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the project.
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(c) The consultant shall review the Construction Contractor’s shop drawings for conformance
with the contract documents and compliance with the provisions of the State’s publication,
Standard Specifications for Road and Bridge Construction, in connection with this work.
(d) The State, in its sole discretion, may review construction plans, special provisions and
estimates and may require the Local Agency to make such changes therein as the State
determines necessary to comply with State and FHWA requirements.
iii. Construction
If the Work includes construction, the Local Agency shall perform the construction in accordance with
the approved design plans and/or administer the construction in accordance with Exhibit E. Such
administration shall include Work inspection and testing; approving sources of materials; performing
required plant and shop inspections; documentation of contract payments, testing and inspection
activities; preparing and approving pay estimates; preparing, approving and securing the funding for
contract modification orders and minor contract revisions; processing Construction Contractor claims;
construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT
Stewardship Agreement, as described in the Local Agency Contract Administration Checklist.
a) If the Local Agency is performing the Work, the State may, after providing written notice of the
reason for the suspension to the Local Agency, suspend the Work, wholly or in part, due to the
failure of the Local Agency or its Contractor to correct conditions which are unsafe for workers or
for such periods as the State may deem necessary due to unsuitable weather, or for conditions
considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed
by the State to be in the public interest.
b) The Local Agency shall be responsible for the following:
(1) Appointing a qualified professional engineer, licensed in the State of Colorado, as the Local
Agency Project Engineer (LAPE), to perform engineering administration. The LAPE shall
administer the Work in accordance with this Agreement, the requirements of the construction
contract and applicable State procedures.
(2) For the construction of the Work, advertising the call for bids upon approval by the State and
awarding the construction contract(s) to the low responsible bidder(s).
(a) All advertising and bid awards, pursuant to this agreement, by the Local Agency shall
comply with applicable requirements of 23 U.S.C. §112 and 23 C.F.R. Parts 633 and 635
and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the
Local Agency and its Contractor shall incorporate Form 1273 (Exhibit I) in its entirety
verbatim into any subcontract(s) for those services as terms and conditions therefore, as
required by 23 C.F.R. 633.102(e).
(b) The Local Agency may accept or reject the proposal of the apparent low bidder for Work
on which competitive bids have been received. The Local Agency must accept or reject
such bid within three (3) working days after they are publicly opened.
(c) As part of accepting bid awards, the Local Agency shall provide additional funds, subject
to their availability and appropriation, necessary to complete the Work if no additional
federal-aid funds are available.
(3) The requirements of this §6(D)(iii)(c)(2) also apply to any advertising and awards made by the
State.
(4) If all or part of the Work is to be accomplished by the Local Agency’s personnel (i.e. by force
account) rather than by a competitive bidding process, the Local Agency shall perform such
work in accordance with pertinent State specifications and requirements of 23 C.F.R. 635,
Subpart B, Force Account Construction.
(a) Such Work will normally be based upon estimated quantities and firm unit prices agreed
to between the Local Agency, the State and FHWA in advance of the Work, as provided
for in 23 C.R.F. 635.204(c). Such agreed unit prices shall constitute a commitment as to
the value of the Work to be performed.
(b) An alternative to the preceding subsection is that the Local Agency may agree to participate
in the Work based on actual costs of labor, equipment rental, materials supplies and
supervision necessary to complete the Work. Where actual costs are used, eligibility of cost
items shall be evaluated for compliance with 48 C.F.R. Part 31.
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(c) If the State provides matching funds under this Agreement, rental rates for publicly owned
equipment shall be determined in accordance with the State’s Standard Specifications for
Road and Bridge Construction §109.04.
(d) All Work being paid under force account shall have prior approval of the State and/or
FHWA and shall not be initiated until the State has issued a written notice to proceed.
E. State’s Commitments
a) The State will perform a final project inspection of the Work as a quality control/assurance activity.
When all Work has been satisfactorily completed, the State will sign the FHWA Form 1212.
b) Notwithstanding any consents or approvals given by the State for the Plans, the State shall not be liable
or responsible in any manner for the structural design, details or construction of any major structures
designed by, or that are the responsibility of, the Local Agency as identified in the Local Agency Contract
Administration Checklist, Exhibit E.
F. ROW and Acquisition/Relocation
a) If the Local Agency purchases a right of way for a State highway, including areas of influence, the Local
Agency shall immediately convey title to such right of way to CDOT after the Local Agency obtains
title.
b) Any acquisition/relocation activities shall comply with all applicable federal and state statutes and
regulations, including but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended and the Uniform Relocation Assistance and Real Property
Acquisition Policies for Federal and Federally Assisted Programs as amended (49 C.F.R. Part 24),
CDOT’s Right of Way Manual, and CDOT’s Policy and Procedural Directives.
c) The Parties’ respective compliance responsibilities depend on the level of federal participation; provided
however, that the State always retains Oversight responsibilities.
d) The Parties’ respective responsibilities under each level in CDOT’s Right of Way Manual (located at
http://www.dot.state.co.us/ROW_Manual/) and reimbursement for the levels will be under the following
categories:
(1) Right of way acquisition (3111) for federal participation and non-participation;
(2) Relocation activities, if applicable (3109);
(3) Right of way incidentals, if applicable (expenses incidental to acquisition/relocation of right of way
– 3114).
G. Utilities
If necessary, the Local Agency shall be responsible for obtaining the proper clearance or approval from any
utility company which may become involved in the Work. Prior to the Work being advertised for bids, the
Local Agency shall certify in writing to the State that all such clearances have been obtained.
a) Railroads
If the Work involves modification of a railroad company’s facilities and such modification will be
accomplished by the railroad company, the Local Agency shall make timely application to the Public
Utilities commission requesting its order providing for the installation of the proposed improvements
and not proceed with that part of the Work without compliance. The Local Agency shall also establish
contact with the railroad company involved for the purpose of complying with applicable provisions of
23 C.F.R. 646, subpart B, concerning federal-aid projects involving railroad facilities and:
b) Execute an agreement setting out what work is to be accomplished and the location(s) thereof, and which
costs shall be eligible for federal participation.
c) Obtain the railroad’s detailed estimate of the cost of the Work.
d) Establish future maintenance responsibilities for the proposed installation.
e) Proscribe future use or dispositions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
f) Establish future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation.
H. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and
state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as
applicable.
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I. Maintenance Obligations
The Local Agency shall maintain and operate the Work constructed under this Agreement at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA, and the Local Agency shall
provide for such maintenance and operations obligations each year. Such maintenance and operations shall
be conducted in accordance with all applicable statutes, ordinances and regulations pertaining to maintaining
such improvements. The State and FHWA may make periodic inspections to verify that such improvements
are being adequately maintained.
7. OPTION LETTER MODIFICATION
An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the
encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter
modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until
signed by the State Controller or an authorized delegate.
A. Option to add a phase and/or increase or decrease the total encumbrance amount.
The State may require the Local Agency to begin a phase that may include Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation
or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement,
with the total budgeted funds remaining the same. The State may simultaneously increase and/or decrease
the total encumbrance amount by replacing the original funding exhibit (Exhibit C) in the original Agreement
with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc). The State
may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days
before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State
exercises this option, the Agreement will be considered to include this option provision.
B. Option to transfer funds from one phase to another phase.
The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction,
Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state,
federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced
with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached
to the option letter. The funds transferred from one phase to another are subject to the same terms and
conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may
unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30)
days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Any
transfer of funds from one phase to another is limited to an aggregate maximum of 24.99% of the original
dollar amount of either phase affected by a transfer. A bilateral amendment is required for any transfer
exceeding 24.99% of the original dollar amount of the phase affected by the increase or decrease.
C. Option to do both Options A and B.
The State may require the Local Agency to add a phase as detailed in Exhibit A, and encumber and transfer
funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be
replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.)
and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject
to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining
the same. The State may unilaterally exercise this option by providing a fully executed option to the Local
Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially
equivalent to Exhibit D.
8. PAYMENTS
The State shall, in accordance with the provisions of this §8, pay the Local Agency in the amounts and using the
methods set forth below:
A. Maximum Amount
The maximum amount payable is set forth in Exhibit C as determined by the State from available funds.
Payments to the Local Agency are limited to the unpaid encumbered balance of the Contract set forth in
Exhibit C. The Local Agency shall provide its match share of the costs as evidenced by an appropriate
ordinance/resolution or other authority letter which expressly authorizes the Local Agency the authority to
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enter into this Agreement and to expend its match share of the Work. A copy of such ordinance/resolution or
authority letter is attached hereto as Exhibit B.
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Contract or in Exhibit C shall comply with State Fiscal Rules
and be made in accordance with the provisions of this Contract or such Exhibit. The Local Agency shall
initiate any payment requests by submitting invoices to the State in the form and manner, approved by
the State.
ii. Interest
The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents
performance by the Local Agency previously accepted by the State. Uncontested amounts not paid by
the State within 45 days shall bear interest on the unpaid balance beginning on the 46th day at a rate not
to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on
unpaid amounts that are subject to a good faith dispute. The Local Agency shall invoice the State
separately for accrued interest on delinquent amounts. The billing shall reference the delinquent
payment, the number of days interest to be paid and the interest rate.
iii. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the State’s current fiscal
year. Therefore, the Local Agency’s compensation beyond the State’s current Fiscal Year is contingent
upon the continuing availability of State appropriations as provided in the Colorado Special Provisions.
The State’s performance hereunder is also contingent upon the continuing availability of federal funds.
Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract
and the State’s liability for such payments shall be limited to the amount remaining of such encumbered
funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this
Contract, the State may terminate this Contract immediately, in whole or in part, without further liability
in accordance with the provisions hereof.
iv. Erroneous Payments
At the State’s sole discretion, payments made to the Local Agency in error for any reason, including, but
not limited to overpayments or improper payments, and unexpended or excess funds received by the
Local Agency, may be recovered from the Local Agency by deduction from subsequent payments under
this Contract or other contracts, Agreements or agreements between the State and the Local Agency or
by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to
any party other than the State.
C. Use of Funds
Contract Funds shall be used only for eligible costs identified herein.
D. Matching Funds
The Local Agency shall provide matching funds as provided in §8.A. and Exhibit C. The Local Agency shall
have raised the full amount of matching funds prior to the Effective Date and shall report to the State
regarding the status of such funds upon request. The Local Agency’s obligation to pay all or any part of any
matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the
purposes of this Agreement by the authorized representatives of the Local Agency and paid into the Local
Agency’s treasury. The Local Agency represents to the State that the amount designated “Local Agency
Matching Funds” in Exhibit C has been legally appropriated for the purpose of this Agreement by its
authorized representatives and paid into its treasury. The Local Agency does not by this Agreement
irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not
intended to create a multiple-fiscal year debt of the Local Agency. The Local Agency shall not pay or be
liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by the
Local Agency’s laws or policies.
E. Reimbursement of Local Agency Costs
The State shall reimburse the Local Agency’s allowable costs, not exceeding the maximum total amount
described in Exhibit C and §8. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R.
18.22 shall govern the State’s obligation to reimburse all costs incurred by the Local Agency and submitted
to the State for reimbursement hereunder, and the Local Agency shall comply with all such principles. The
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State shall reimburse the Local Agency for the federal-aid share of properly documented costs related to the
Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit C. However,
any costs incurred by the Local Agency prior to the date of FHWA authorization for the Work and prior to
the Effective Date shall not be reimbursed absent specific FHWA and State Controller approval thereof.
Costs shall be:
i. Reasonable and Necessary
Reasonable and necessary to accomplish the Work and for the Goods and Services provided.
ii. Net Cost
Actual net cost to the Local Agency (i.e. the price paid minus any items of value received by the Local
Agency that reduce the cost actually incurred).
9. ACCOUNTING
The Local Agency shall establish and maintain accounting systems in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme). Such accounting systems shall, at a minimum, provide as follows:
A. Local Agency Performing the Work
If Local Agency is performing the Work, all allowable costs, including any approved services contributed by
the Local Agency or others, shall be documented using payrolls, time records, invoices, contracts, vouchers,
and other applicable records.
B. Local Agency-Checks or Draws
Checks issued or draws made by the Local Agency shall be made or drawn against properly signed vouchers
detailing the purpose thereof. All checks, payrolls, invoices, contracts, vouchers, orders, and other accounting
documents shall be on file in the office of the Local Agency ,clearly identified, readily accessible, and to the
extent feasible, kept separate and apart from all other Work documents.
C. State-Administrative Services
The State may perform any necessary administrative support services required hereunder. The Local Agency
shall reimburse the State for the costs of any such services from the Budget as provided for in Exhibit C. If
FHWA funding is not available or is withdrawn, or if the Local Agency terminates this Agreement prior to
the Work being approved or completed, then all actual incurred costs of such services and assistance provided
by the State shall be the Local Agency’s sole expense.
D. Local Agency-Invoices
The Local Agency’s invoices shall describe in detail the reimbursable costs incurred by the Local Agency
for which it seeks reimbursement, the dates such costs were incurred and the amounts thereof, and shall not
be submitted more often than monthly.
E. Invoicing Within 60 Days
The State shall not be liable to reimburse the Local Agency for any costs unless CDOT receives such invoices
within 60 days after the date for which payment is requested, including final invoicing. Final payment to the
Local Agency may be withheld at the discretion of the State until completion of final audit. Any costs incurred
by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or
the State may offset them against any payments due from the State to the Local Agency.
F. Reimbursement of State Costs
CDOT shall perform Oversight and the Local Agency shall reimburse CDOT for its related costs. The Local
Agency shall pay invoices within 60 days after receipt thereof. If the Local Agency fails to remit payment
within 60 days, at CDOT’s request, the State is authorized to withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
CDOT. Interim funds shall be payable from the State Highway Supplementary Fund (400) until CDOT is
reimbursed. If the Local Agency fails to make payment within 60 days, it shall pay interest to the State at a
rate of one percent per month on the delinquent amounts until the billing is paid in full. CDOT’s invoices
shall describe in detail the reimbursable costs incurred, the dates incurred and the amounts thereof, and shall
not be submitted more often than monthly.
10. REPORTING - NOTIFICATION
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Reports, Evaluations, and Reviews required under this §10 shall be in accordance with the procedures of and in
such form as prescribed by the State and in accordance with §18, if applicable.
A. Performance, Progress, Personnel, and Funds
The Local Agency shall submit a report to the State upon expiration or sooner termination of this Agreement,
containing an Evaluation and Review of the Local Agency’s performance and the final status of the Local
Agency's obligations hereunder.
B. Litigation Reporting
Within 10 days after being served with any pleading related to this Agreement, in a legal action filed with a
court or administrative agency, the Local Agency shall notify the State of such action and deliver copies of
such pleadings to the State’s principal representative as identified herein. If the State or its principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director of
CDOT.
C. Noncompliance
The Local Agency’s failure to provide reports and notify the State in a timely manner in accordance with this
§10 may result in the delay of payment of funds and/or termination as provided under this Agreement.
D. Documents
Upon request by the State, the Local Agency shall provide the State, or its authorized representative, copies
of all documents, including contracts and subcontracts, in its possession related to the Work.
11. LOCAL AGENCY RECORDS
A. Maintenance
The Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete
file of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited
to the operation of programs) or Goods hereunder. The Local Agency shall maintain such records until the
last to occur of the following: (i) a period of three years after the date this Agreement is completed or
terminated, or (ii) three years after final payment is made hereunder, whichever is later, or (iii) for such
further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or the
Local Agency has received notice that an audit is pending, then until such audit has been completed and its
findings have been resolved (collectively, the “Record Retention Period”).
B. Inspection
The Local Agency shall permit the State, the federal government and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local Agency's records
related to this Agreement during the Record Retention Period to assure compliance with the terms hereof or
to evaluate the Local Agency's performance hereunder. The State reserves the right to inspect the Work at all
reasonable times and places during the term of this Agreement, including any extension. If the Work fails to
conform to the requirements of this Agreement, the State may require the Local Agency promptly to bring
the Work into conformity with Agreement requirements, at the Local Agency’s sole expense. If the Work
cannot be brought into conformance by re-performance or other corrective measures, the State may require
the Local Agency to take necessary action to ensure that future performance conforms to Agreement
requirements and may exercise the remedies available under this Agreement at law or in equity in lieu of or
in conjunction with such corrective measures.
C. Monitoring
The Local Agency also shall permit the State, the federal government or any other duly authorized agent of
a governmental agency, in their sole discretion, to monitor all activities conducted by the Local Agency
pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal
evaluation procedures, examination of program data, special analyses, on-site checking, formal audit
examinations, or any other procedures. All such monitoring shall be performed in a manner that shall not
unduly interfere with the Local Agency’s performance hereunder.
D. Final Audit Report
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If an audit is performed on the Local Agency’s records for any fiscal year covering a portion of the term of
this Agreement, the Local Agency shall submit a copy of the final audit report to the State or its principal
representative at the address specified herein.
12. CONFIDENTIAL INFORMATION-STATE RECORDS
The Local Agency shall comply with the provisions of this §12 if it becomes privy to confidential information in
connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to,
state records, personnel records, and information concerning individuals. Nothing in this §12 shall be construed
to require the Local Agency to violate the Colorado Open Records Act, C.R.S. §§ 24-72-1001 et seq.
A. Confidentiality
The Local Agency shall keep all State records and information confidential at all times and to comply with
all laws and regulations concerning confidentiality of information. Any request or demand by a third party
for State records and information in the possession of the Local Agency shall be immediately forwarded to
the State’s principal representative.
B. Notification
The Local Agency shall notify its agents, employees and assigns who may come into contact with State
records and confidential information that each is subject to the confidentiality requirements set forth herein,
and shall provide each with a written explanation of such requirements before they are permitted to access
such records and information.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by the Local
Agency or its agents in any way, except as authorized by the Agreement and as approved by the State. The
Local Agency shall provide and maintain a secure environment that ensures confidentiality of all State
records and other confidential information wherever located. Confidential information shall not be retained
in any files or otherwise by the Local Agency or its agents, except as set forth in this Agreement and approved
by the State.
D. Disclosure-Liability
Disclosure of State records or other confidential information by the Local Agency for any reason may be
cause for legal action by third parties against the Local Agency, the State or their respective agents. The
Local Agency is prohibited from providing indemnification to the State pursuant to the Constitution of the
State of Colorado, Article XI, Section 1, however, the Local Agency shall be responsible for any and all
claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs,
incurred as a result of any act or omission by the Local Agency, or its employees, agents, or assignees
pursuant to this §12.
13. CONFLICT OF INTEREST
The Local Agency shall not engage in any business or personal activities or practices or maintain any relationships
which conflict in any way with the full performance of the Local Agency’s obligations hereunder. The Local
Agency acknowledges that with respect to this Agreement even the appearance of a conflict of interest is harmful
to the State’s interests. Absent the State’s prior written approval, the Local Agency shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local
Agency’s obligations to the State hereunder. If a conflict or appearance exists, or if the Local Agency is uncertain
whether a conflict or the appearance of a conflict of interest exists, the Local Agency shall submit to the State a
disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a
disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of
this Agreement.
14. REPRESENTATIONS AND WARRANTIES
The Local Agency makes the following specific representations and warranties, each of which was relied on by
the State in entering into this Agreement.
A. Standard and Manner of Performance
The Local Agency shall perform its obligations hereunder, including in accordance with the highest
professional standard of care, skill and diligence and in the sequence and manner set forth in this Agreement.
B. Legal Authority – The Local Agency and the Local Agency’s Signatory
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The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has
taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to
lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind the
Local Agency to its terms. If requested by the State, the Local Agency shall provide the State with proof of
the Local Agency’s authority to enter into this Agreement within 15 days of receiving such request.
C. Licenses, Permits, Etc.
The Local Agency represents and warrants that as of the Effective Date it has, and that at all times during the
term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and
other authorization required by law to perform its obligations hereunder. The Local Agency warrants that it
shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations
required to properly perform this Agreement, without reimbursement by the State or other adjustment in
Agreement Funds. Additionally, all employees and agents of the Local Agency performing Services under
this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The
Local Agency, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
further warrants that it currently has obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and has designated a registered agent in Colorado to accept service
of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance,
permits or any such similar requirements necessary for the Local Agency to properly perform the terms of
this Agreement shall be deemed to be a material breach by the Local Agency and constitute grounds for
termination of this Agreement.
15. INSURANCE
The Local Agency and its contractors shall obtain and maintain insurance as specified in this section at all times
during the term of this Agreement: All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companies satisfactory to the Local Agency and the State.
A. The Local Agency
i. Public Entities
If the Local Agency is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, CRS §24-10-101, et seq., as amended (the “GIA”), then the Local Agency shall maintain at all times
during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the GIA. The Local Agency shall show proof of such insurance
satisfactory to the State, if requested by the State. The Local Agency shall require each Agreement with
their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance
requirements necessary to meet Consultant or Contractor liabilities under the GIA.
ii. Non-Public Entities
If the Local Agency is not a "public entity" within the meaning of the Governmental Immunity Act, the
Local Agency shall obtain and maintain during the term of this Agreement insurance coverage and
policies meeting the same requirements set forth in §15(B) with respect to sub-contractors that are not
"public entities".
B. Contractors
The Local Agency shall require each contract with Contractors, Subcontractors, or Consultants, other than
those that are public entities, providing Goods or Services in connection with this Agreement, to include
insurance requirements substantially similar to the following:
i. Worker’s Compensation
Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance
covering all of the Local Agency’s Contractors, Subcontractors, or Consultant’s employees acting within
the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, fire damage, independent contractors, products and completed operations,
blanket liability, personal injury, and advertising liability with minimum limits as follows: (a)
$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed
operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000
because of claims made or paid, contractors, subcontractors, and consultants shall immediately obtain
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additional insurance to restore the full aggregate limit and furnish to the Local Agency a certificate or
other document satisfactory to the Local Agency showing compliance with this provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos) with
a minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
The Local Agency and the State shall be named as additional insured on the Commercial General
Liability policies (leases and construction contracts require additional insured coverage for completed
operations on endorsements CG 2010 11/85, CG 2037, or equivalent).
v. Primacy of Coverage
Coverage required of the Consultants or Contractors shall be primary over any insurance or self-
insurance program carried by the Local Agency or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal without at
least 45 days prior notice to the Local Agency and the State by certified mail.
vii. Subrogation Waiver
All insurance policies in any way related to this Agreement and secured and maintained by the Local
Agency’s Consultants or Contractors as required herein shall include clauses stating that each carrier
shall waive all rights of recovery, under subrogation or otherwise, against the Local Agency or the State,
its agencies, institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
The Local Agency and all Contractors, subcontractors, or Consultants shall provide certificates showing
insurance coverage required hereunder to the State within seven business days of the Effective Date of this
Agreement. No later than 15 days prior to the expiration date of any such coverage, the Local Agency and
each contractor, subcontractor, or consultant shall deliver to the State or the Local Agency certificates of
insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the
term of this Agreement or any sub-contract, the Local Agency and each contractor, subcontractor, or
consultant shall, within 10 days of such request, supply to the State evidence satisfactory to the State of
compliance with the provisions of this §15.
16. DEFAULT-BREACH
A. Defined
In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform
any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner constitutes
a breach.
B Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
the manner provided in §18. If such breach is not cured within 30 days of receipt of written notice, or if a
cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
with due diligence, the State may exercise any of the remedies set forth in §17. Notwithstanding anything to
the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may
immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety
or to prevent immediate public crisis.
17. REMEDIES
If the Local Agency is in breach under any provision of this Agreement, the State shall have all of the remedies
listed in this §17 in addition to all other remedies set forth in other sections of this Agreement following the notice
and cure period set forth in §16(B). The State may exercise any or all of the remedies available to it, in its sole
discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If the Local Agency fails to perform any of its obligations hereunder with such diligence as is required to
ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the State
may notify the Local Agency of such non-performance in accordance with the provisions herein. If the Local
Agency thereafter fails to promptly cure such non-performance within the cure period, the State, at its option,
may terminate this entire Agreement or such part of this Agreement as to which there has been delay or a
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failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder. The Local Agency shall continue performance of this Agreement to the extent not terminated, if
any.
i. Obligations and Rights
To the extent specified in any termination notice, the Local Agency shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and sub-Agreements with third parties. However, the Local Agency shall complete
and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may
incur obligations as are necessary to do so within this Agreement’s terms. At the sole discretion of the
State, the Local Agency shall assign to the State all of the Local Agency's right, title, and interest under
such terminated orders or sub-Agreements. Upon termination, the Local Agency shall take timely,
reasonable and necessary action to protect and preserve property in the possession of the Local Agency
in which the State has an interest. All materials owned by the State in the possession of the Local Agency
shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered
by the Local Agency to the State and shall become the State’s property.
ii. Payments
The State shall reimburse the Local Agency only for accepted performance received up to the date of
termination. If, after termination by the State, it is determined that the Local Agency was not in default
or that the Local Agency's action or inaction was excusable, such termination shall be treated as a
termination in the public interest and the rights and obligations of the Parties shall be the same as if this
Agreement had been terminated in the public interest, as described herein.
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, the Local Agency also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Agreement by the Local
Agency and the State may withhold any payment to the Local Agency for the purpose of mitigating the
State’s damages, until such time as the exact amount of damages due to the State from the Local Agency
is determined. The State may withhold any amount that may be due to the Local Agency as the State
deems necessary to protect the State, including loss as a result of outstanding liens or claims of former
lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services.
The Local Agency shall be liable for excess costs incurred by the State in procuring from third parties
replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Agreement for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole
or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder.
This subsection shall not apply to a termination of this Agreement by the State for cause or breach by the
Local Agency, which shall be governed by §17(A) or as otherwise specifically provided for herein.
i. Method and Content
The State shall notify the Local Agency of the termination in accordance with §18, specifying the
effective date of the termination and whether it affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice, the Local Agency shall be subject to and comply with the same
obligations and rights set forth in §17(A)(i).
iii. Payments
If this Agreement is terminated by the State pursuant to this §17(B), the Local Agency shall be paid an
amount which bears the same ratio to the total reimbursement under this Agreement as the Services
satisfactorily performed bear to the total Services covered by this Agreement, less payments previously
made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local
Agency for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Agreement)
incurred by the Local Agency which are directly attributable to the uncompleted portion of the Local
Agency’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed
the maximum amount payable to the Local Agency hereunder.
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C. Remedies Not Involving Termination
The State, its sole discretion, may exercise one or more of the following remedies in addition to other
remedies available to it:
i. Suspend Performance
Suspend the Local Agency’s performance with respect to all or any portion of this Agreement pending
necessary corrective action as specified by the State without entitling the Local Agency to an adjustment
in price/cost or performance schedule. The Local Agency shall promptly cease performance and
incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred
by the Local Agency after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to the Local Agency until corrections in the Local Agency’s performance are
satisfactorily made and completed.
iii. Deny Payment
Deny payment for those obligations not performed that due to the Local Agency’s actions or inactions
cannot be performed or, if performed, would be of no value to the State; provided that any denial of
payment shall be reasonably related to the value to the State of the obligations not performed.
iv. Removal
Demand removal of any of the Local Agency’s employees, agents, or contractors whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation
to this Agreement is deemed to be contrary to the public interest or not in the State’s best interest.
v. Intellectual Property
If the Local Agency infringes on a patent, copyright, trademark, trade secret or other intellectual property
right while performing its obligations under this Agreement, the Local Agency shall, at the State’s option
(a) obtain for the State or the Local Agency the right to use such products and services; (b) replace any
Goods, Services, or other product involved with non-infringing products or modify them so that they
become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove
any infringing Goods, Services, or products and refund the price paid therefore to the State.
18. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required to
be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such
Party’s principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice,
notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to
time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless
otherwise provided herein, all notices shall be effective upon receipt.
A. If to State: B. If to the Local Agency:
CDOT Region: 04 City of Fort Collins
Long Nguyen Kyle Lambrecht
Project Manager Project Manager
1420 2nd Street PO BOX 580
Greeley, CO 80631 FORT COLLINS, CO 80522-0580
970-350-2205 970-221-6566
19. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models,
materials, or work product of any type, including drafts, prepared by the Local Agency in the performance of its
obligations under this Agreement shall be the exclusive property of the State and all Work Product shall be
delivered to the State by the Local Agency upon completion or termination hereof. The State’s exclusive rights
in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare
derivative works. The Local Agency shall not use, willingly allow, cause or permit such Work Product to be used
for any purpose other than the performance of the Local Agency's obligations hereunder without the prior written
consent of the State.
20. GOVERNMENTAL IMMUNITY
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Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,
of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from
the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees
and of the Local Agency is controlled and limited by the provisions of the Governmental Immunity Act and the
risk management statutes, CRS §24-30-1501, et seq., as amended.
21. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to the Local Agency under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §21 applies.
The Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206,
§24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state
agreements/contracts and inclusion of agreement/contract performance information in a statewide contract
management system.
The Local Agency’s performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of the Local Agency’s performance shall be part of the normal Agreement
administration process and the Local Agency’s performance will be systematically recorded in the statewide
Agreement Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality,
cost and timeliness. Collection of information relevant to the performance of the Local Agency’s obligations
under this Agreement shall be determined by the specific requirements of such obligations and shall include
factors tailored to match the requirements of the Local Agency’s obligations. Such performance information shall
be entered into the statewide Contract Management System at intervals established herein and a final Evaluation,
Review and Rating shall be rendered within 30 days of the end of the Agreement term. The Local Agency shall
be notified following each performance Evaluation and Review, and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance Evaluation and Review determine that the Local Agency demonstrated a gross
failure to meet the performance measures established hereunder, the Executive Director of the Colorado
Department of Personnel and Administration (Executive Director), upon request by CDOT, and showing of good
cause, may debar the Local Agency and prohibit the Local Agency from bidding on future Agreements. The Local
Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result
in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6),
exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may
result in the reversal of the debarment and reinstatement of the Local Agency, by the Executive Director, upon
showing of good cause.
22. FEDERAL REQUIREMENTS
The Local Agency and/or their contractors, subcontractors, and consultants shall at all times during the execution
of this Agreement strictly adhere to, and comply with, all applicable federal and state laws, and their implementing
regulations, as they currently exist and may hereafter be amended.
23. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Local Agency will comply with all requirements of Exhibit G and the Local Agency Contract Administration
Checklist regarding DBE requirements for the Work, except that if the Local Agency desires to use its own DBE
program to implement and administer the DBE provisions of 49 C.F.R. Part 26 under this Agreement, it must
submit a copy of its program’s requirements to the State for review and approval before the execution of this
Agreement. If the Local Agency uses any State- approved DBE program for this Agreement, the Local Agency
shall be solely responsible to defend that DBE program and its use of that program against all legal and other
challenges or complaints, at its sole cost and expense. Such responsibility includes, without limitation,
determinations concerning DBE eligibility requirements and certification, adequate legal and factual bases for
DBE goals and good faith efforts. State approval (if provided) of the Local Agency’s DBE program does not
waive or modify the sole responsibility of the Local Agency for use of its program.
24. DISPUTES
Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this
Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the Department of
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Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days
after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the
State a written appeal addressed to the Executive Director of CDOT. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support
of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive
Director or his duly authorized representative for the determination of such appeals shall be final and conclusive
and serve as final agency action. This dispute clause does not preclude consideration of questions of law in
connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making
final the decision of any administrative official, representative, or board on a question of law.
25. GENERAL PROVISIONS
A. Assignment
The Local Agency’s rights and obligations hereunder are personal and may not be transferred, assigned or
subcontracted without the prior written consent of the State. Any attempt at assignment, transfer, or
subcontracting without such consent shall be void. All assignments and subcontracts approved by the Local
Agency or the State are subject to all of the provisions hereof. The Local Agency shall be solely responsible
for all aspects of subcontracting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §25(A), all provisions herein contained, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective heirs, legal representatives, successors, and
assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition,
deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein.
F. Indemnification - General
If Local Agency is not a “public entity” within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., the Local Agency shall indemnify, save, and hold harmless the State, its employees
and agents, against any and all claims, damages, liability and court awards including costs, expenses, and
attorney fees and related costs, incurred as a result of any act or omission by the Local Agency, or its
employees, agents, subcontractors or assignees pursuant to the terms of this Agreement. This clause is not
applicable to a Local Agency that is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, CRS §24-10-101, et seq.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and exclusive
venue shall be in the City and County of Denver.
H. Limitations of Liability
Any and all limitations of liability and/or damages in favor of the Local Agency contained in any document
attached to and/or incorporated by reference into this Agreement, whether referred to as an exhibit,
attachment, schedule, or any other name, are void and of no effect. This includes, but is not necessarily
limited to, limitations on (i) the types of liabilities, (ii) the types of damages, (iii) the amount of damages,
and (iv) the source of payment for damages.
I. Modification
i. By the Parties
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Except as specifically provided in this Agreement, modifications of this Agreement shall not be effective
unless agreed to in writing by both parties in an amendment to this Agreement, properly executed and
approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State
Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF
AGREEMENTS - TOOLS AND FORMS.
ii. By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or Colorado
State law, or their implementing regulations. Any such required modification automatically shall be
incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth
herein
J. Order of Precedence
The provisions of this Agreement shall govern the relationship of the State and the Local Agency. In the
event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts
or inconsistencies shall be resolved by reference to the documents in the following order of priority:
i. Colorado Special Provisions,
ii. The provisions of the main body of this Agreement,
iii. Exhibit A (Scope of Work),
iv. Exhibit B (Local Agency Resolution),
v. Exhibit C (Funding Provisions),
vi. Exhibit D (Option Letter),
vii. Exhibit E (Local Agency Contract Administration Checklist),
viii. Other exhibits in descending order of their attachment.
K. Severability
Provided this Agreement can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes
inoperable for any reason shall not affect the validity of any other provision hereof.
L. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall be
enforceable by the State if the Local Agency fails to perform or comply as required.
M. Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State
and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply
when materials are purchased or services rendered to benefit the State; provided however, that certain
political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the
product or service is provided to the State. The Local Agency shall be solely liable for paying such taxes as
the State is prohibited from paying for or reimbursing the Local Agency for them
N. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties,
and not to any third party. Any services or benefits which third parties receive as a result of this Agreement
are incidental to the Agreement, and do not create any rights for such third parties.
O. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any
subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
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26. COLORADO SPECIAL PROVISIONS
The Special Provisions apply to all Agreements except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1).
This Agreement shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5).
Financial obligations of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental
Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR.
The Local Agency shall perform its duties hereunder as an independent contractor and not as an employee.
Neither The Local Agency nor any agent or employee of The Local Agency shall be deemed to be an agent
or employee of the State. The Local Agency and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for The Local Agency or any of its agents or employees. Unemployment insurance
benefits shall be available to The Local Agency and its employees and agents only if such coverage is made
available by The Local Agency or a third party. The Local Agency shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. The Local
Agency shall not have authorization, express or implied, to bind the State to any Agreement, liability or
understanding, except as expressly set forth herein. The Local Agency shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
E. COMPLIANCE WITH LAW.
The Local Agency shall strictly comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not
be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise.
Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of
this Agreement, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED.
The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any
provision to the contrary in this contact or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
The Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions,
The Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper
use of public funds. If the State determines that The Local Agency is in violation of this provision, the State
may exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
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immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. The Local Agency has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of The Local Agency’s services and The Local Agency shall not employ any person having
such known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not Applicable to intergovernmental agreements]. Subject to CRS §24-30-202.4 (3.5), the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or
other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the
Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund;
and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.
[Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental Agreements, or information
technology services or products and services]. The Local Agency certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and
shall confirm the employment eligibility of all employees who are newly hired for employment in the United
States to perform work under this Agreement, through participation in the E-Verify Program or the State
program established pursuant to CRS §8-17.5-102(5)(c), The Local Agency shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify to The Local Agency that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. The Local Agency (a) shall not use E-
Verify Program or State program procedures to undertake pre-employment screening of job applicants while
this Agreement is being performed, (b) shall notify the subcontractor and the contracting State agency within
three days if The Local Agency has actual knowledge that a subcontractor is employing or contracting with
an illegal alien for work under this Agreement, (c) shall terminate the subcontract if a subcontractor does not
stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If The Local Agency participates in the
State program, The Local Agency shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision, a written, notarized affirmation, affirming that The Local Agency has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
State program. If The Local Agency fails to comply with any requirement of this provision or CRS §8-17.5-
101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this Agreement for breach and, if so terminated, The Local Agency shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.
The Local Agency, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form
of identification required by CRS §24-76.5-103 prior to the effective date of this Agreement.
SPs Effective 1/1/09
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27. SIGNATURE PAGE
Agreement Routing Number: 15 HA4 75629
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency’s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY
City of Fort Collins
Print: ________________________________________
Title: ________________________________________
____________________________________________
*Signature
Date: __________________________
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Colorado Department of Transportation
Donald E. Hunt, Executive Director
_____________________________________________
By: Joshua Laipply, P.E., Chief Engineer
Date: __________________________
2nd Local Agency Signature if needed
Print: ________________________________________
Title: ________________________________________
____________________________________________
*Signature
Date: __________________________
LEGAL REVIEW
John W. Suthers, Attorney General
By:___________________________________________
Signature - Assistant Attorney General
Date: _________________________
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed
and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such
time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local
Agency for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:______________________________________________
Colorado Department of Transportation
Date:_______________________
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28. EXHIBIT A – SCOPE OF WORK
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29. EXHIBIT B – LOCAL AGENCY RESOLUTION
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
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30. EXHIBIT C – FUNDING PROVISIONS
A. Cost of Work Estimate
The Local Agency has estimated the total cost the Work to be $908,323 which is to be funded
as follows:
1 BUDGETED FUNDS
a. Federal Funds
(82.79% of Participating Costs – AQC) $752,000.00
b. Local Agency Matching Funds
(17.21% of Participating Costs) $156,323.00
c. State Contribution
(80% of Participating Costs FASTER Transit) $0.00
TOTAL BUDGETED FUNDS $908,323.00
2 ESTIMATED CDOT-INCURRED COSTS
a. Federal Share $0.00
(0% of Participating Costs)
b. Local Share
Local Agency Share of Participating Costs
Local Agency Share of Non-Participating Costs
$0.00
$0.00
Estimated to be Billed to Local Agency $0.00
TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00
3 ESTIMATED PAYMENT TO LOCAL AGENCY
a. Federal Funds Budgeted (1a) $752,000.00
b. Less Estimated Federal Share of CDOT-Incurred Costs (2a) $0.00
c. State Funds Budgeted (1c) $0.00
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $752,000.00
FOR CDOT ENCUMBRANCE PURPOSES
*Note - $131,421.00 is currently available. Funds and/or Local
Agency Overmatch will be added in the future either by Option
Letter or Amendment.
Net to be encumbered as follows:
$131,421.00
WBS Element 19561.10.30 Design 3020 $131,421.00
WBS Element 19561.20.10 Construc. 3301 $0.00
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B. Matching Funds
The matching ratio for the federal participating funds for this Work is 82.79% federal-aid funds
(CFDA #20 2050) to 17.21% Local Agency and State funds, it being understood that such ratio
applies only to the $908,323.00 that is eligible for federal participation, it being further
understood that all non-participating costs are borne by the Local Agency at 100%. If the total
participating cost of performance of the Work exceeds $908,323.00 and additional federal funds
are made available for the Work, the Local Agency shall pay 17.21% of all such costs eligible for
federal participation and 100% of all non-participating costs; if additional federal funds are not
made available, the Local Agency shall pay all such excess costs. If the total participating cost
of performance of the Work is less than $908,323.00, then the amounts of State and federal-aid
funds will be decreased in accordance with the funding ratio described herein. The
performance of the Work shall be at no cost to the State.
C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $752,000.00
(For CDOT accounting purposes, the federal funds of $752,000.00, State funds of $0.00, Local
Agency matching funds of $156,323.00, and Local Agency Overmatch funds of $0.00 will be
encumbered for a total encumbrance of $908,323.00), unless such amount is increased by an
appropriate written modification to this Agreement executed before any increased cost is
incurred. *** Note - $131,421.00 is currently available. Funds and/or Local Agency
Overmatch will be added in the future either by Option Letter or Amendment *** It is
understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore
is the best estimate available, based on the design data as approved at the time of execution of
this Agreement, and that such cost is subject to revisions (in accord with the procedure in the
previous sentence) agreeable to the parties prior to bid and award.
D. Single Audit Act Amendment
All state and local government and non-profit organization Sub-The Local Agencys receiving
more than $750,000 from all funding sources defined as federal financial assistance for Single
Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A-
133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R.
18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub-The
Local Agencys receiving federal funds are as follows:
i. Expenditure less than $750,000
If the Sub-The Local Agency expends less than $750,000 in Federal funds (all federal
sources, not just Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure exceeding than $750,000-Highway Funds Only
If the Sub-The Local Agency expends more than $750,000 in Federal funds, but only
received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205)
then a program specific audit shall be performed. This audit will examine the “financial”
procedures and processes for this program area.
iii. Expenditure exceeding than $750,000-Multiple Funding Sources
If the Sub-The Local Agency expends more than $750,000 in Federal funds, and the Federal
funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies,
which is an audit on the entire organization/entity.
iv. Independent CPA
Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An
audit is an allowable direct or indirect cost.
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31. EXHIBIT D – OPTION LETTER
SAMPLE IGA OPTION LETTER
(This option has been created by the Office of the State Controller for CDOT use only)
NOTE: This option is limited to the specific contract scenarios listed below
AND may be used in place of exercising a formal amendment.
Date:
State Fiscal Year:
Option Letter No. Option Letter CMS Routing #
Option Letter SAP #
Original Contract CMS # Original Contract SAP #
Vendor name: _________________________________________________
SUBJECT:
A. Option to unilaterally authorize the Local Agency to begin a phase which may include Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous ONLY (does not apply to
Acquisition/Relocation or Railroads) and to update encumbrance amounts(a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
B. Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be
attached with the option letter and shall be labeled C-1, future changes for this option shall be
labeled as follows: C-2, C-3, C-4, etc.).
C. Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and
shall be labeled C-1, future changes for this option shall be labeled as follows: C-2, C-3, C-4, etc.).
REQUIRED PROVISIONS:
Option A (Insert the following language for use with the Option A):
In accordance with the terms of the original Agreement (insert CMS routing # of the original
Agreement) between the State of Colorado, Department of Transportation and (insert the Local
Agency’s name here), the State hereby exercises the option to authorize the Local Agency to begin a
phase that will include (describe which phase will be added and include all that apply – Design,
Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber previously
budgeted funds for the phase based upon changes in funding availability and authorization. The
encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is
(insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit
C. (The following is a NOTE only, please delete when using this option. Future changes for this option
for Exhibit C shall be labled as follows: C-2, C-3, C-4, etc.).
Option B (Insert the following language for use with Option B):
In accordance with the terms of the original Agreement (insert CMS # of the original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency’s name
here), the State hereby exercises the option to transfer funds from (describe phase from which funds
will be moved) to (describe phase to which funds will be moved) based on variance in actual phase
costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and
replaces Exhibit C. (The following is a NOTE only so please delete when using this option: future
changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-4, etc.; and no more than
24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be
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made using an formal amendment)..
Option C (Insert the following language for use with Option C):
In accordance with the terms of the original Agreement (insert CMS routing # of original Agreement)
between the State of Colorado, Department of Transportation and (insert the Local Agency’s name
here), the State hereby exercises the option to 1) release the Local Agency to begin a phase that will
include (describe which phase will be added and include all that apply – Design, Construction,
Environmental, Utilities, ROW incidentals or Miscellaneous); 2) to encumber funds for the phase
based upon changes in funding availability and authorization; and 3) to transfer funds from (describe
phase from which funds will be moved) to (describe phase to which funds will be moved) based on
variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the
original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when
using this option: future changes for this option for Exhibit C shall be labeled as follows: C-2, C-3, C-
4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer
greater than 24.99% must be made using an formal amendment).
(The following language must be included on ALL options):
The total encumberance as a result of this option and all previous options and/or amendments is now
(insert total encumberance amount), as referenced in Exhibit (C-1, C-2, etc., as appropriate). The
total budgeted funds to satisfy services/goods ordered under the Agreement remains the same:
(indicate total budgeted funds) as referenced in Exhibit (C-1, C-2, etc., as appropriate) of the original
Agreement.
The effective date of this option letter is upon approval of the State Controller or delegate.
APPROVALS:
State of Colorado:
John W. Hickenlooper, Governor
By: _____________________________________________ Date: __________________
Executive Director, Colorado Department of Transportation
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado
is not obligated to pay the Local Agency for such performance or for any goods and/or services
provided hereunder.
State Controller
Robert Jaros, CPA, MBA, JD
By: __________________________________
Date: ________________________________
Form Updated: December 19, 2012
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33. EXHIBIT F – CERTIFICATION FOR FEDERAL-AID CONTRACTS
The Local Agency certifies, by signing this Agreement, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf or the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
Agreement, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or of Congress, or an employee of a Member of
Congress in connection with this Federal contract, Agreement, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
The prospective participant also agree by submitting his or her bid or proposal that he or she shall
require that the language of this certification be included in all lower tier subcontracts, which exceed
$100,000 and that all such sub-recipients shall certify and disclose accordingly.
Required by 23 CFR 635.112
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34. EXHIBIT G – DISADVANTAGED BUSINESS ENTERPRISE
SECTION 1. Policy.
It is the policy of the Colorado Department of Transportation (CDOT) that disadvantaged business
enterprises shall have the maximum opportunity to participate in the performance of contracts financed
in whole or in part with Federal funds under this agreement, pursuant to 49 CFR Part 26.
Consequently, the 49 CFR Part IE DBE requirements the Colorado Department of Transportation DBE
Program (or a Local Agency DBE Program approved in advance by the State) apply to this agreement.
SECTION 2. DBE Obligation.
The recipient or its the Local Agency agrees to ensure that disadvantaged business enterprises as
determined by the Office of Certification at the Colorado Department of Regulatory Agencies have the
maximum opportunity to participate in the performance of contracts and subcontracts financed in whole
or in part with Federal funds provided under this agreement. In this regard, all participants or
contractors shall take all necessary and reasonable steps in accordance with the CDOT DBE program
(or a Local Agency DBE Program approved in advance by the State) to ensure that disadvantaged
business enterprises have the maximum opportunity to compete for and perform contracts. Recipients
and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of CDOT assisted contracts.
SECTION 3 DBE Program.
The Local Agency (sub-recipient) shall be responsible for obtaining the Disadvantaged Business
Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall
comply with the applicable provisions of the program. (If applicable).
A copy of the DBE Program is available from and will be mailed to the Local Agency upon request:
Business Programs Office
Colorado Department of Transportation
4201 East Arkansas Avenue, Room 287
Denver, Colorado 80222-3400
Phone: (303) 757-9234
revised 1/22/98 Required by 49 CFR Part 26
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35. EXHIBIT H – LOCAL AGENCY PROCEDURES FOR CONSULTANT SERVICES
THE LOCAL AGENCY SHALL USE THESE PROCEDURES TO IMPLEMENT FEDERAL-AID
PROJECT AGREEMENTS WITH PROFESSIONAL CONSULTANT SERVICES
Title 23 Code of Federal Regulations (CFR) 172 applies to a federally funded local agency project
agreement administered by CDOT that involves professional consultant services. 23 CFR 172.1
states “The policies and procedures involve federally funded contracts for engineering and design
related services for projects subject to the provisions of 23 U.S.C. 112(a) and are issued to ensure
that a qualified consultant is obtained through an equitable selection process, that prescribed work
is properly accomplished in a timely manner, and at fair and reasonable cost” and according to 23
CFR 172.5 “Price shall not be used as a factor in the analysis and selection phase.” Therefore, local
agencies must comply with these CFR requirements when obtaining professional consultant
services under a federally funded consultant contract administered by CDOT.
CDOT has formulated its procedures in Procedural Directive (P.D.) 400.1 and the related
operations guidebook titled "Obtaining Professional Consultant Services". This directive and
guidebook incorporate requirements from both Federal and State regulations, i.e., 23 CFR 172 and
CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request
from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own
written procedures on file for each method of procurement that addresses the items in 23 CFR 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are
quite lengthy, the subsequent steps serve as a short-hand guide to CDOT procedures that a local
agency must follow in obtaining professional consultant services. This guidance follows the format
of 23 CFR 172. The steps are:
1. The contracting local agency shall document the need for obtaining professional services.
2. Prior to solicitation for consultant services, the contracting local agency shall develop a
detailed scope of work and a list of evaluation factors and their relative importance. The
evaluation factors are those identified in C.R.S. 24-30-1403. Also, a detailed cost estimate
should be prepared for use during negotiations.
3. The contracting agency must advertise for contracts in conformity with the requirements of
C.R.S. 24-30-1405. The public notice period, when such notice is required, is a minimum of
15 days prior to the selection of the three most qualified firms and the advertising should be
done in one or more daily newspapers of general circulation.
4. The request for consultant services should include the scope of work, the evaluation factors
and their relative importance, the method of payment, and the goal of 10% for Disadvantaged
Business Enterprise (DBE) participation as a minimum for the project.
5. The analysis and selection of the consultants shall be done in accordance with CRS §24-30-
1403. This section of the regulation identifies the criteria to be used in the evaluation of CDOT
pre-qualified prime consultants and their team. It also shows which criteria are used to short-
list and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
b. Approach to the Work,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services.
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Evaluation factors for final selection are the consultant's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority consultants.
6. Once a consultant is selected, the local agency enters into negotiations with the consultant to
obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are
prepared for contracts expected to be greater than $50,000. Federal reimbursements for
costs are limited to those costs allowable under the cost principles of 48 CFR 31. Fixed fees
(profit) are determined with consideration given to size, complexity, duration, and degree of
risk involved in the work. Profit is in the range of six to 15 percent of the total direct and
indirect costs.
7. A qualified local agency employee shall be responsible and in charge of the Work to ensure
that the work being pursued is complete, accurate, and consistent with the terms, conditions,
and specifications of the contract. At the end of Work, the local agency prepares a
performance evaluation (a CDOT form is available) on the consultant.
8. Each of the steps listed above is to be documented in accordance with the provisions of 49
CFR 18.42, which provide for records to be kept at least three years from the date that the
local agency submits its final expenditure report. Records of projects under litigation shall be
kept at least three years after the case has been settled.
CRS §§24-30-1401 through 24-30-1408, 23 CFR Part 172, and P.D. 400.1, provide additional
details for complying with the preceeding eight (8) steps.
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37. EXHIBIT J – FEDERAL REQUIREMENTS
Federal laws and regulations that may be applicable to the Work include:
A. Uniform Administrative Requirements for Agreements and Cooperative Agreements to
State and Local Governments (Common Rule)
The "Uniform Administrative Requirements for Agreements and Cooperative Agreements to
State and Local Governments (Common Rule), at 49 Code of Federal Regulations, Part 18,
except to the extent that other applicable federal requirements (including the provisions of 23
CFR Parts 172 or 633 or 635) are more specific than provisions of Part 18 and therefore
supersede such Part 18 provisions. The requirements of 49 CFR 18 include, without limitation:
the Local Agency/Contractor shall follow applicable procurement procedures, as required by
section 18.36(d); the Local Agency/Contractor shall request and obtain prior CDOT approval of
changes to any subcontracts in the manner, and to the extent required by, applicable provisions
of section 18.30; the Local Agency/Contractor shall comply with section 18.37 concerning any
sub-Agreements; to expedite any CDOT approval, the Local Agency/Contractor's attorney, or
other authorized representative, shall also submit a letter to CDOT certifying Local
Agency/Contractor compliance with section 18.30 change order procedures, and with 18.36(d)
procurement procedures, and with 18.37 sub-Agreement procedures, as applicable;
the Local Agency/Contractor shall incorporate the specific contract provisions described in
18.36(i) (which are also deemed incorporated herein) into any subcontract(s) for such services
as terms and conditions of those subcontracts.
B. Executive Order 11246
Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as
amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department
of Labor regulations (41 CFR Chapter 60) (All construction contracts awarded in excess of
$10,000 by the Local Agencys and their contractors or the Local Agencys).
C. Copeland "Anti-Kickback" Act
The Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3) (All contracts and sub-Agreements for construction or repair).
D. Davis-Bacon Act
The Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor
regulations (29 CFR Part 5) (Construction contracts in excess of $2,000 awarded by the Local
Agencys and the Local Agencys when required by Federal Agreement program legislation. This
act requires that all laborers and mechanics employed by contractors or sub-contractors to work
on construction projects financed by federal assistance must be paid wages not less than those
established for the locality of the project by the Secretary of Labor).
E. Contract Work Hours and Safety Standards Act
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-
330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by the Local Agency’s in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers).
F. Clear Air Act
Standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U.S.C.
1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368). Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15) (contracts, subcontracts, and
sub-Agreements of amounts in excess of $100,000).
G. Energy Policy and Conservation Act
Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Pub. L. 94-163).
H. OMB Circulars
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Office of Management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110,
whichever is applicable.
I. Hatch Act
The Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state
that federal funds cannot be used for partisan political purposes of any kind by any person or
organization involved in the administration of federally-assisted programs.
J. Nondiscrimination
42 USC 6101 et seq. 42 USC 2000d, 29 USC 794, and implementing regulation, 45 C.F.R. Part
80 et. seq. These acts require that no person shall, on the grounds of race, color, national
origin, age, or handicap, be excluded from participation in or be subjected to discrimination in
any program or activity funded, in whole or part, by federal funds.
K. ADA
The Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111-12117,
12131-12134, 12141-12150, 12161-12165, 12181-12189, 12201-12213 47 USC 225 and 47
USC 611.
L. Uniform Relocation Assistance and Real Property Acquisition Policies Act
The Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended
(Public Law 91-646, as amended and Public Law 100-17, 101 Stat. 246-256). (If the contractor
is acquiring real property and displacing households or businesses in the performance of the
Agreement).
M. Drug-Free Workplace Act
The Drug-Free Workplace Act (Public Law 100-690 Title V, subtitle D, 41 USC 701 et seq.).
N. Age Discrimination Act of 1975
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq. and its implementing
regulation, 45 C.F.R. Part 91; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as
amended, and implementing regulation 45 C.F.R. Part 84.
O. 23 C.F.R. Part 172
23 C.F.R. Part 172, concerning "Administration of Engineering and Design Related Contracts".
P. 23 C.F.R Part 633
23 C.F.R Part 633, concerning "Required Contract Provisions for Federal-Aid Construction
Contracts".
Q. 23 C.F.R. Part 635
23 C.F.R. Part 635, concerning "Construction and Maintenance Provisions".
R. Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of
1973
Title VI of the Civil Rights Act of 1964 and 162(a) of the Federal Aid Highway Act of 1973. The
requirements for which are shown in the Nondiscrimination Provisions, which are attached
hereto and made a part hereof.
S. Nondiscrimination Provisions:
In compliance with Title VI of the Civil Rights Act of 1964 and with Section 162(a) of the Federal
Aid Highway Act of 1973, the Contractor, for itself, its assignees and successors in interest,
agree as follows:
i. Compliance with Regulations
The Contractor will comply with the Regulations of the Department of Transportation relative
to nondiscrimination in Federally assisted programs of the Department of Transportation
(Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"),
which are herein incorporated by reference and made a part of this Agreement.
ii. Nondiscrimination
The Contractor, with regard to the work performed by it after award and prior to completion of
the contract work, will not discriminate on the ground of race, color, sex, mental or physical
handicap or national origin in the selection and retention of Subcontractors, including
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procurement of materials and leases of equipment. The Contractor will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix C
of the Regulations.
iii. Solicitations for Subcontracts, Including Procurement of Materials and
Equipment
In all solicitations either by competitive bidding or negotiation made by the Contractor for
work to be performed under a subcontract, including procurement of materials or equipment,
each potential Subcontractor or supplier shall be notified by the Contractor of the
Contractor's obligations under this Agreement and the Regulations relative to
nondiscrimination on the ground of race, color, sex, mental or physical handicap or national
origin.
iv. Information and Reports
The Contractor will provide all information and reports required by the Regulations, or orders
and instructions issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information and its facilities as may be determined by the State or
the FHWA to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of the Contractor is in the exclusive possession
of another who fails or refuses to furnish this information, the Contractor shall so certify to the
State, or the FHWA as appropriate and shall set forth what efforts have been made to obtain
the information.
v. Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
Agreement, the State shall impose such contract sanctions as it or the FHWA may determine
to be appropriate, including, but not limited to: a. Withholding of payments to the Contractor
under the contract until the Contractor complies, and/or b. Cancellation, termination or
suspension of the contract, in whole or in part.
T. Incorporation of Provisions §22
The Contractor will include the provisions of paragraphs A through F in every subcontract,
including procurement of materials and leases of equipment, unless exempt by the Regulations,
orders, or instructions issued pursuant thereto. The Contractor will take such action with respect
to any subcontract or procurement as the State or the FHWA may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided, however, that, in the
event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor
or supplier as a result of such direction, the Contractor may request the State to enter into such
litigation to protect the interest of the State and in addition, the Contractor may request the
FHWA to enter into such litigation to protect the interests of the United States.
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38. EXHIBIT K – SUPPLEMENTAL FEDERAL PROVISIONS
State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded,
in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into
and made a part of the contract, the provisions of these Supplemental Provisions shall control.
1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. “Award” means an award of Federal financial assistance that a non-Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as
amended (15 U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions; and
1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by
non-Federal Entities.
Award does not include:
1.1.12. Technical assistance, which provides services in lieu of money;
1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
1.1.14. Any award classified for security purposes; or
1.1.15. Any award funded in whole or in part with Recovery funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5).
1.2. “Contract” means the contract to which these Supplemental Provisions are attached and includes all
Award types in §1.1.1 through 1.1.11 above.
1.3. “Contractor” means the party or parties to a Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of Transparency Act reporting, Contractor does not
include Vendors.
1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established
and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s
website may be found at: http://fedgov.dnb.com/webform.
1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit organization;
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1.5.4. A domestic or foreign for-profit organization; and
1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal
entity.
1.6. “Executive” means an officer, managing partner or any other employee in a management position.
1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
1.8. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-
282), as amended by §6202 of Public Law 110-252. FFATA, as amended, also is referred to as the
“Transparency Act.”
1.9. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an
Award.
1.10. “Subaward” means a legal instrument pursuant to which a Prime Recipient of Award funds awards
all or a portion of such funds to a Subrecipient, in exchange for the Subrecipient’s support in the
performance of all or any portion of the substantive project or program for which the Award was
granted.
1.11. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of
the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including program compliance
requirements. The term “Subrecipient” includes and may be referred to as Subgrantee.
1.12. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data
Universal Numbering System (DUNS) number that appears in the subrecipient’s System for Award
Management (SAM) profile, if applicable.
1.13. “Supplemental Provisions” means these Supplemental Provisions for Federally Funded Contracts,
Grants, and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of
2006, As Amended, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institution of higher education.
1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised
2005) (FAS 123R), Shared Based Payments;
1.15.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of
Executives and are available generally to all salaried employees;
1.15.4. Change in present value of defined benefit and actuarial pension plans;
1.15.5. Above-market earnings on deferred compensation which is not tax-qualified;
1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the Executive exceeds $10,000.
1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also is referred
to as FFATA.
1.17 “Vendor” means a dealer, distributor, merchant or other seller providing property or services required
for a project or program funded by an Award. A Vendor is not a Prime Recipient or a Subrecipient and
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is not subject to the terms and conditions of the Federal award. Program compliance requirements do
not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, including but not limited to these Supplemental Provisions. Any
revisions to such provisions or regulations shall automatically become a part of these Supplemental
Provisions, without the necessity of either party executing any further instrument. The State of Colorado
may provide written notification to Contractor of such revisions, but such notice shall not be a condition
precedent to the effectiveness of such revisions.
3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later.
Contractor shall review and update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update
Contractor’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and
more frequently if required by changes in Contractor’s information.
4. Total Compensation. Contractor shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7
below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment
shall be made to Contractor for providing any reports required under these Supplemental Provisions and the
cost of producing such reports shall be included in the Contract price. The reporting requirements in §7
below are based on guidance from the US Office of Management and Budget (OMB), and as such are
subject to change at any time by OMB. Any such changes shall be automatically incorporated into this
Contract and shall become part of Contractor’s obligations under this Contract, as provided in §2 above.
The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements
at http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions
apply to new Awards as of October 1, 2010. Reporting requirements in §7 below apply to new Awards as of
October 1, 2010, if the initial award is $25,000 or more. If the initial Award is below $25,000 but subsequent
Award modifications result in a total Award of $25,000 or more, the Award is subject to the reporting
requirements as of the date the Award exceeds $25,000. If the initial Award is $25,000 or more, but funding
is subsequently de-obligated such that the total award amount falls below $25,000, the Award shall continue
to be subject to the reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth
below.
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7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each
Federal Award Identification Number no later than the end of the month following the month in which
the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are
met; and
7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if
criteria in §4 above met.
7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the
Contract, the following data elements:
7.2.1 Subrecipient’s DUNS Number as registered in SAM.
7.2.2 Primary Place of Performance Information, including: Street Address, City, State,
Country, Zip code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an individual who receives an Award as a natural
person, unrelated to any business or non-profit organization he or she may own or operate in his or
her name.
8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, “Award” currently means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these Special Provisions. On future dates “Award” may
include other items to be specified by OMB in policy memoranda available at the OMB Web site;
Award also will include other types of Awards subject to the Transparency Act.
8.4 There are no Transparency Act reporting requirements for Vendors.
Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default
under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following the termination of the 30 day notice period. This
remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law
or in equity.
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ORDINANCE NO. 009, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND
FOR THE NORTH COLLEGE PEDESTRIAN MULTI-USE PATH PROJECT,
AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE BUILDING ON
BASICS PEDESTRIAN PLAN AND AMERICAN WITH DISABILITIES IMPROVEMENTS
PROJECT INTO THE NORTH COLLEGE PEDESTRIAN MULTI-USE PATH PROJECT
WHEREAS, North College Avenue is a major thoroughfare for both the City and the
Colorado Department of Transportation (CDOT); and
WHEREAS, the City has rehabilitated the North College corridor within the City limits
and CDOT is currently pursuing a project to improve the section of North College Avenue from
State Highway 1 to the LaPorte Bypass; and
WHEREAS, as a result of the North College Corridor improvements, a gap in pedestrian
infrastructure will exist along both sides of North College Avenue for approximately 1,000 feet
including a crossing over the Larimer and Weld Canal; and
WHEREAS, with the North College Marketplace Development the City negotiated with
the developer to provide $125,000 for the construction of a pedestrian bridge crossing the
Larimer and Weld Canal and in 2014 the Urban Renewal Authority transferred these funds to the
City; and
WHEREAS, in 2012, the City was awarded $752,000 of federal Congestion Mitigation
and Air Quality funds by the North Front Range Metropolitan Planning Organization (to initiate
a project addressing the lack of pedestrian facilities along North College Avenue between the
city limits and State Highway 1; and
WHEREAS, the City Council has adopted Resolution 2015-007 authorizing the City to
enter into a grant construction contract with the Colorado Department of Transportation for the
North College Pedestrian Multi-Use Path Project; and
WHEREAS, this grant requires local matching funds in the amount of $156,323 which
are provided by reason of the $125,000 contributed from the developer of the North College
Marketplace and $31,323 that will be transferred from existing appropriations in the Building on
Basics (BOB) Pedestrian Plan & American with Disabilities Improvements Project; and
WHEREAS, the total project funds of $908,323 will be used to design and construct
pedestrian amenities along North College Avenue between the northern city limits and State
Highway 1; and
WHEREAS, a portion of the total project funds are ineligible for public art purposes, as
Section 23-304 of the City Code otherwise requires, due to grant restrictions and conditions on
developer contributions, though prior appropriation of funds to the BOB Pedestrian Plan &
A.D.A. Improvements Project included transfer of one percent of such appropriation to the
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Cultural Services & Facilities Fund for Art in Public Places (APP) artwork; and
WHEREAS, Engineering staff will coordinate APP staff to incorporate the costs to
acquire and maintain appropriate public art into the project, pursuant to the City Code; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of the revenue as described
herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year; and
WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund (project) to another fund (project), provided that the purpose for which the
transferred funds are to be expended remains unchanged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby appropriated from unanticipated revenue in the
Capital Projects Fund the sum of EIGHT HUNDRED SEVENTY-SEVEN THOUSAND
DOLLARS ($877,000) for expenditure on the North College Pedestrian Multi-Use Path Project.
Section 2. That the unexpended appropriated amount of THIRTY-ONE
THOUSAND THREE HUNDRED TWENTY-THREE DOLLARS ($31,323) in the Capital
Projects Fund, BOB Pedestrian Plan & A.D.A. Improvements Project is authorized for transfer to
the North College Pedestrian Multi-Use Path Project and appropriated therein.
Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2015, and to be presented for final passage on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Marsha Hilmes-Robinson, Floodplain Administrator
Ken Sampley, Stormwater/Floodplain Program Mgr
Norm Weaver, Senior Energy Services Engineer
Kraig Bader, Standards Engineering Manager
SUBJECT
First Reading of Ordinance No. 010, 2015, Amending Chapter 10 of the Code of the City of Fort Collins
Relating to Creating a Critical Facilities Floodplain Regulation Exception for Parallel-Connected Solar and
Wind Power Generation.
EXECUTIVE SUMMARY
The purpose of this item is to provide an exception to the critical facilities floodplain regulation for “parallel-
connected solar and wind power generation.” This would allow solar and wind power generating stations that
are also connected to the grid to be located in the floodplain and not prohibited under the critical facilities
regulation of Chapter 10 of City Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Both Floodplain Management staff and Light and Power staff recommend adoption of this Ordinance. Staff
believes that allowing parallel solar and wind power generation in the floodplain is a wise use of the floodplain.
These types of power generation would be required to be connected to the grid in order for the exception to
apply, which would result in minimal risk that service to customers would be compromised in a flood.
Furthermore, there is minimal public health and safety risk with approval of the exception, as there are no
hazardous materials being allowed on these parallel-connected sites. All structures placed in the floodplain
will still be required to meet the other flood protection standards within Chapter 10 of City Code. Therefore, the
intent of the critical facilities regulation to provide services before during and after a flood and protect public
health and safety is maintained with this exception.
BACKGROUND / DISCUSSION
The purpose of this item is to provide an exception to the critical facilities floodplain regulation for “parallel-
connected solar and wind power generation.” This would allow solar and wind power generating stations that
are also connected to the grid to be located in the floodplain and not prohibited under the critical facilities
regulation of Chapter 10 of City Code. The need for an exception arose when a site was proposed for the
Utilities Solar Power Purchase Program that was in the floodplain.
The current floodplain regulations (Section 10-16 of City Code) define any power generation facility, other than
hydroelectric power generating facilities, as an “essential service (critical) facility”:
Essential services facilities shall mean facilities for the provision of services needed before,
during and after a flood event in order to protect public health and safety. Essential services
facilities shall include, but not be limited to: public safety facilities such as police stations, fire
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Item # 7 Page 2
and rescue stations, emergency operations centers, storage facilities for emergency vehicles
and equipment; emergency medical facilities such as hospitals, ambulance service centers,
urgent care centers and non-ambulatory surgical centers; designated emergency shelters;
communications facilities, such as main hubs and control centers for telephone service, cable
broadcasting, satellite dish broadcasting, cellular systems, television, radio and other
emergency warning systems (excluding towers, poles, lines, cables and conduits); public and
private utility plant facilities for generation, treatment and distribution, such as transmission
and distribution hubs and control centers, water treatment plants, electric substations, and
pumping stations for water, power and gas (excluding towers, poles, power lines, buried
pipelines, transmission lines, distribution lines and service lines, and excluding hydroelectric
power generating plants and related appurtenances); and air transportation lifelines, such as
general aviation and commercial airports, helicopter pads and appurtenances serving
emergency functions, and associated infrastructure such as aviation control towers, air traffic
control centers and emergency equipment aircraft hangars.
Because of their importance to providing services before during and after a flood, and protecting public health
and safety, Chapter 10 of City Code prohibits essential service facilities from being located in the floodway, or
100-year or 500-year floodplains.
Fort Collins Electric Utility recently offered a program to commercial customers to enter into long-term power
purchase agreements for locally sited solar installations that contribute to meeting the City obligations under of
the Colorado Renewable Energy Standard. The goal of the Solar Power Purchase Program (“SP3”) is to
encourage up to 4MW of new locally deployed solar capacity hosted by Utility customers. Several candidate
sites for the program have been proposed in floodplain areas.
One of the sites currently being considered for the Solar Power Purchase Program is located at 1912 LaPorte
Ave and is in the West Vine 100-year floodplain and floodway. Because of the current definition of “essential
service (critical) facilities”, the proposed solar facility at 1912 LaPorte Ave. is currently prohibited by City Code.
Staff from Floodplain Management and Utilities met to discuss the critical facility and essential service facility
definitions and the current prohibition of power generation facilities. Staff from both departments recommends
that an exception to the essential service facilities definition be made for specific types of power generating
facilities. An important component of designating the types of power generating facilities that would qualify for
this exception was to ensure the intent of the critical facilities regulation is generally maintained. Therefore, the
following considerations were evaluated:
1. Service to customers before during and after a flood must not be compromised; and
2. There must be minimal risk to public health and safety in the event of a flood if these facilities are
permitted to go up.
“Parallel-connected” solar and wind power generation facilities meet those requirements. Parallel-connected
generation is an electric generation source to be operated in parallel with the municipal distribution system
either feeding directly to the grid under prior agreement with Fort Collins Utilities or by or for a customer to
supplement or serve the customer’s electric service requirements that would otherwise be served by the City.
Under the customary design guidelines, size restrictions and interconnection practice of Fort Collins Utilities,
parallel-connected solar and wind generation behaves similar to common intermittent loads on the system.
Therefore, the ability to serve the customer would not be compromised by the loss of parallel connected power
if it were to be damaged or destroyed in a flood. The main electric system would be expected to continue
functioning and compensate for the loss of the parallel connected facility. Unlike many traditional power
generation facilities, solar and wind energy facilities do not involve hazardous materials that could be a threat
to public health and safety if damaged during a flood. The flood protection standards of Chapter 10
(anchoring, elevating, floodproofing, etc.) will still be required in order to minimize damage to the installations
themselves. Therefore, because damage to a parallel-connected solar and wind power generator would not
compromise service to customers before, during or after a flood and there is minimal risk to public health and
safety if these facilities are damaged during a flood, this type of facility should not be considered a critical
facility.
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Agenda Item 7
Item # 7 Page 3
FINANCIAL / ECONOMIC IMPACTS
There are no negative financial impacts expected from this change. A positive financial impact will be a
valuable use of floodplain property that minimizes life safety concerns and property damage during a flood.
ENVIRONMENTAL IMPACTS
There are no negative environmental impacts expected from this change and it expands the possibility for
utilizing local renewable resources and is a wise use of the floodplain.
BOARD / COMMISSION RECOMMENDATION
At its December 18, 2014 meeting, the Water Board unanimously voted to recommend adoption of the
proposed Code change. (Attachment 1)
PUBLIC OUTREACH
No public outreach was conducted for this minor Code change.
ATTACHMENTS
1. Water Board minutes, December 18, 2014 (draft) (PDF)
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ATTACHMENT 1
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Attachment7.1: Water Board minutes, December 18, 2014 (draft) (2742 : Critical Facilities Floodplain Regulation Exception)
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Attachment7.1: Water Board minutes, December 18, 2014 (draft) (2742 : Critical Facilities Floodplain Regulation Exception)
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Attachment7.1: Water Board minutes, December 18, 2014 (draft) (2742 : Critical Facilities Floodplain Regulation Exception)
- 1 -
ORDINANCE NO. 010, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO CREATING A CRITICAL FACILITIES FLOODPLAIN REGULATION
EXCEPTION FOR PARALLEL-CONNECTED SOLAR AND WIND GENERATION
WHEREAS, due to the importance of providing critical services before, during, and after
a flood, while protecting public health and safety, Chapter 10 of City Code prohibits siting
“essential service facilities” in the floodway, or in a 100-year or 500-year floodplain; and
WHEREAS, “essential service facilities” under the City Code include “public and private
utility plant facilities for generation…”, which has been interpreted to include all power
generation facilities; and
WHEREAS, Fort Collins Utilities recently began a program through which commercial
customers host and operate solar generation facilities in parallel to City power generation and the
City acquires the power toward meeting the Colorado Renewable Energy Standard: the Solar
Power Purchase Program (“SP3”); and
WHEREAS, SP3 candidate projects have been proposed in floodplain areas, but due to
the current definition of “essential service facilities” in the City Code, the projects are currently
prohibited; and
WHEREAS, under customary design guidelines, size restrictions and Fort Collins Utility
interconnection standards, parallel-connected solar and wind generation behaves similar to
common intermittent loads on the City’s electric system; and
WHEREAS, the Utility’s ability to serve SP3 customers would not be compromised by
the loss or damage of parallel-connected power facilities in a flood; and
WHEREAS, staff has determined the municipal electric system would continue
functioning and compensate for the loss of parallel-connected facilities due to flood without risk
to the electric system; and
WHEREAS, permitting siting of parallel-connected power facilities in flood-prone areas
will facilitate participation in SP3 and the City’s ability to meet the Colorado Renewable Energy
Standard, without creating greater risk to the electric system or participating customers; and
WHEREAS, staff has recommended that Council adopt an exception in the definition of
“essential service facilities” for parallel-connected generation facilities to avoid the current City
Code prohibition on siting critical facilities in flood-prone areas, as the risks due to loss of
parallel-connected facilities does not warrant their prohibition in such areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council finds that modifying the definition of “essential
service facilities” in Chapter 10 of the City Code to exempt parallel-connected solar and wind
power generation facilities is in the best interest of Utility ratepayers and the City.
Section 2. That the definition of “essential service facilities” contained in Section 10-
16 of the Code of the City of Fort Collins is hereby amended to read as follows:
Sec. 10-16. Definitions.
. . .
Essential services facilities shall mean facilities for the provision of services needed
before, during and after a flood event in order to protect public health and safety.
Essential services facilities shall include, but not be limited to: public safety facilities
such as police stations, fire and rescue stations, emergency operations centers, storage
facilities for emergency vehicles and equipment; emergency medical facilities such as
hospitals, ambulance service centers, urgent care centers and non-ambulatory surgical
centers; designated emergency shelters; communications facilities, such as main hubs and
control centers for telephone service, cable broadcasting, satellite dish broadcasting,
cellular systems, television, radio and other emergency warning systems (excluding
towers, poles, lines, cables and conduits); public and private utility plant facilities for
generation, treatment and distribution, such as transmission and distribution hubs and
control centers, water treatment plants, electric substations, and pumping stations for
water, power and gas (excluding towers, poles, power lines, buried pipelines,
transmission lines, distribution lines and service lines, and excluding hydroelectric power
generating plants and related appurtenances, and excluding parallel-connected solar and
wind power generation); and air transportation lifelines, such as general aviation and
commercial airports, helicopter pads and appurtenances serving emergency functions,
and associated infrastructure such as aviation control towers, air traffic control centers
and emergency equipment aircraft hangars.
Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2015, and to be presented for final passage on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 130
Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Patrick Rowe, Real Estate Specialist
Mark Jackson, PDT Deputy Director
Tawnya Ernst, Real Estate Specialist III
SUBJECT
Resolution 2015-008 Acknowledging the City's Intent to Acquire the Real Property Located at 1300 Hoffman
Mill Road.
EXECUTIVE SUMMARY
The purpose of this item is to acknowledge the City's intent to acquire the property at 1300 Hoffman Mill Road
for multiple City department operations. Staff has negotiated the acquisition of approximately 24 acres near
Prospect Road and Lemay Avenue to meet the needs of multiple City departments. Streets, Forestry, Utilities
and Natural Areas Departments have agreed to partner and contribute funding for the acquisition. The
Departments propose to jointly purchase the property in order to co-locate compatible City operations. These
operations include the continued processing and recycling of concrete and asphalt, which is the primary use of
the site currently (via lease agreement), processing of project spoils for the Utilities Department, wood chipping
and other materials processing for the Forestry Department, and materials storage for the Natural Areas
Department. Additionally, the Natural Areas Department will control and manage approximately 6 acres of the
site that is immediately adjacent to the Poudre River.
City Council approved the funding for the purchase as part of the 2015-2016 Recommended Budget
(Ordinance No. 153, 2014) on November 18, 2014 and no additional authorization is required per City Code.
However, due to the fact that Streets Superintendent, Larry Schneider is related to one of the ten owners
(Larry’s father, Elmer Schneider is a 1/10 owner), City Management felt it prudent to provide more explicit and
public notice of the City’s intention to acquire the property and to disclose the process and efforts that have
taken place to ensure Larry Schneider is not involved in any of the decision making related to this potential
acquisition. To that end, Mr. Schneider was consciously and deliberately removed from participating in any
form related to the City’s interest in the property. All decision making was directed by Planning, Development
and Transportation (PDT) Deputy Director, Mark Jackson and operational information was provided by (then)
Streets Department Crew Chief, Neal Jaspers.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
BACKGROUND / DISCUSSION
The City Streets Department has leased property located at 1300 Hoffman Mill Road since approximately 1990
for its crushing and recycling facility. The property has been owned by the Schneider family since the 1930s.
Ten members of the Schneider family are currently on title, which includes Elmer Schneider, the father of
Streets Superintendent, Larry Schneider. Larry Schneider does not have any direct ownership interest in the
property.
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Agenda Item 8
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In late 2011, the Schneider family expressed an interest to sell the property. In response, the City began to
evaluate a potential purchase of the property in order to maintain the crushing and recycling facility at this site.
Staff was made aware of the potential conflict of interest by Larry Schneider, and at his request and PDT
Deputy Director Mark Jackson’s direction, Larry Schneider was immediately removed from the process. As
part of the City’s purchase consideration, the Finance Department led and contributed analysis to evaluate the
cost of operations and examine potential alternatives, which included working with the Real Estate Services
Department to explore site alternatives. This analysis did not reveal any viable site alternatives, thus the City
resolved itself to continue to explore the acquisition of the Hoffman Mill Road property.
To assist in establishing a purchase price, the Schneider family and City staff jointly hired a third-party
independent appraiser, Shannon and Associates. Don Shannon, owner and principle appraiser of Shannon
and Associates, is a certified MAI appraiser (an Appraisal Institute professional designation) with over forty
(40) years of experience and is viewed as a credible option by the Real Estate Services Department. Shannon
and Associates completed a first appraisal in 2012. The resulting purchase price was far below what the
Schneider family was willing to accept and thus the family discontinued negotiations with the City. In early
2014 in the course of examining a possible lease renewal with the City and in light of an improved commercial
real estate market, the Schneider family expressed a willingness to request a new appraisal from Shannon and
Associates. Shannon and Associates prepared a second appraisal with a report date of April 29, 2014.
Summary of 2014 Appraisal Information
Shannon and Associates relied upon the sales comparison approach to determine the value of the property.
The sales comparison approach involves finding recent and comparable property sales and then applying
adjustments to those sales to account for differences between the comparable sale and the subject property.
Shannon and Associates selected three sales that in their determination were recent and comparable.
Adjustments were made to the three sales and the appraiser concluded an overall adjusted price per acre of
$37,343 for comparable sale 1, $38,860 for comparable sale 2, and $51,961 for comparable sale 3. The
average of the three sales is $42,721 per acre, but with more emphasis given to the most recent sale
(comparable sale 3 at $51,961 per acre), the appraiser concluded the overall land value to be $45,000 per
acre ($45,000 per acre indicated a land value of $1,055,000). To the $1,055,000 the appraiser added $89,000
to account for the contributory value of the existing improvements, which resulted in an overall value of
$1,144,000.
After analysis and significant negotiations, City staff and the Schneider family ultimately agreed on a purchase
price of $1,169,000. A purchase and sale agreement has been executed by all applicable members of the
Schneider family and awaits City signatures. Closing was initially slated for January 15, 2015 but has been
postponed pending this resolution and additional due diligence activities which are necessary to resolve prior
to City acquisition.
Closing on this property is beneficial to the City from a number of standpoints:
The site is large enough to handle the joint material processing activities of Forestry, Stormwater, and
Streets.
Streets would maintain the crushing facility to recycle asphalt and concrete. (Streets annually
processes and recycles about 80,000 tons of asphalt and concrete and other aggregate materials. As
a result, the City greatly reduces its landfill burden, recovers beneficial materials which are used to
reduce costs of City capital improvement projects, and makes the materials available for sale to the
public.)
Stormwater would utilize space on the site to allow an area for drying out spoils and reclaiming the dirt
once dry.
The imminent Emerald Ash Borer (EAB) infestation will result in a need for a greater than normal
processing area and facility in order to receive and manage waste wood at an unprecedented level for
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Item # 8 Page 3
an undetermined amount of time. The site will increase efficiencies and allow Forestry to process ash
material.
Natural Areas will manage the undisturbed portions of property which are adjacent to the river and
ravine and will also utilize a part of the property to store equipment and construction materials
(fencing, gravel for trails, etc.).
FINANCIAL / ECONOMIC IMPACTS
The City’s total outlay for ownership of the property is $1,169,000. The participating Departments agreed to
contribute the following as part of the 2015-2016 budget:
Transportation: $500,000
Utilities: $300,000
Forestry: $250,000
Natural Areas: $150,000
TOTAL: $1,200,000
The owners are actively pursuing the sale of the property. If the City does not acquire the property it is likely
the City’s lease will be terminated at some point in the foreseeable future. With no suitable site alternatives,
the City may need to exit the asphalt and concrete recycling business. Additionally, others sites would need to
be obtained for Utility and Forestry operations.
ENVIRONMENTAL IMPACTS
Provided the City acquires the property, the Natural Areas Department has agreed to restore and maintain the
portion of the site that is immediately adjacent to the Poudre River (an area approximately 6 acres in size).
Additionally, City ownership of this property may provide future open space opportunities elsewhere on the
site. No negative environmental impacts are anticipated from this acquisition.
ATTACHMENTS
1. Location Map (PDF)
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ATTACHMENT 1
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Attachment8.1: Location Map (2778 : Acknowledging City Interest to Acquire 1300 Hoffman Mill Road)
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RESOLUTION 2015-008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACKNOWLEDGING THE CITY’S INTENT TO ACQUIRE THE REAL PROPERTY
LOCATED AT 1300 HOFFMAN MILL ROAD
WHEREAS, since approximately 1990 the City has leased the real property located at
1300 Hoffman Mill Road, Fort Collins, Colorado (the “Property”) for the Streets Department’s
concrete and asphalt crushing and recycling facility; and
WHEREAS, the Property is currently owned by ten members of the Schneider family,
who have been marketing the Property for sale; and
WHEREAS, City staff has been negotiating to purchase the Property for joint use by the
Streets, Stormwater, Forestry and Natural Areas Departments; and
WHEREAS, the proposed purchase price of the Property is $1,169,000; and
WHEREAS, the City’s Streets Superintendent, Larry Schneider, is the son of one of the
owners of the Property; but, to comply with the conflict of interest provisions of the City Charter,
Mr. Schneider has been deliberately removed from participating in any discussion or process
related to the City’s interest in the Property, and has not exercised, directly or indirectly, any
decision making authority concerning the sale of the Property to the City; and
WHEREAS, City staff is seeking acknowledgement by the City Council of the City’s
intent to purchase the Property and the steps that have been taken to avoid a conflict of interest
by a City employee.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Council hereby acknowledges the City’s intent to acquire the Property
as described herein.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Beth Rosen, Affordable Housing Program Administrator
SUBJECT
Resolution 2015-009 Adopting a Revised Competitive Process for the Allocation of City Financial Resources
to Affordable Housing Programs/Projects and Other Community Development Activities.
EXECUTIVE SUMMARY
The purpose of this item is to revise the competitive process for allocating affordable housing and human
service funds. The changes combine all available housing funds into one spring cycle to allow for compliance
with HUD requirements, stronger competition among projects and better alignment of funds to their intended
uses. An optional fall process will be retained. Minor administrative changes would also be made.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On January 18, 2000, City Council adopted Resolution 2000-013 Establishing the Competitive Process for the
Allocation of City Financial Resources to Affordable Housing Programs/Projects and Other Community
Development Activities. Exhibit "A" of the Resolution established that there would be two funding cycles:
Community Development Block Grant (CDBG) funds would be allocated in the spring and HOME and
Affordable Housing funds would be allocated in the fall.
Since the adoption of the Resolution, the City has held back its annual allocation of HOME and Affordable
Housing funds for the fall process. Historically, housing providers have applied for CDBG funds in the spring
and HOME/Affordable Housing funds in the fall. This process is not in alignment with the program
requirements of the Department of Housing and Urban Development (HUD).
The City receives an annual Entitlement Grant from HUD every year, which has a start date of October 1.
Prior to the commencement of the HUD Fiscal Year, the City is required to submit an Annual Plan to HUD no
later than 45 days prior to the commencement of the Fiscal Year (August 15). This plan requires that the City
identify all housing projects it plans to undertake during the next HUD Fiscal Year. Holding back the HOME
and Affordable Housing funds into the fall prevents the City from identifying housing projects as required in the
Annual Plan, and creates the requirement for City staff to submit a Substantial Amendment to the Annual Plan
to HUD after the fall funding allocations.
Because CDBG and HOME have different regulations related to eligible recipients and eligible uses of funds, it
has become increasingly difficult to align funding sources to their best uses when the funds are split into two
separate cycles. Combining all available housing funds into one spring cycle will allow for stronger competition
among projects and allow for better alignment of funds to their intended uses.
Retaining the optional fall process will create the opportunity to disburse excess available funding if there is a
critical timeliness on either the part of the City or a housing provider.
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The process itself will continue to be run through the CDBG Commission, with the Affordable Housing Board
ranking projects according to the Affordable Housing Strategic Plan. (Attachment 1)
In addition to changing the funding cycle, the proposed revised competitive process reflects changes that have
been made over the last 15 years to the application process and forms (which are now available and
processed electronically) and the ranking criteria for applications. The Resolution would authorize the City
Manager to administratively approve future changes to the application forms and ranking criteria.
FINANCIAL / ECONOMIC IMPACTS
The approval of this request will result in efficiencies of staff and City resources, as all housing funds are
combined on one process.
Staff believes the proposed changes will also have positive financial/economic impacts on local housing
projects as funding commitments will be made available sooner in the year. The revised process will provide
additional efficiencies by reducing the need for housing developers to apply in multiple funding cycles until they
receive the cumulative funding necessary for the project.
ENVIRONMENTAL IMPACTS
None.
BOARD / COMMISSION RECOMMENDATION
Both the Affordable Housing Board and CDBG Commission recommend adoption of the Resolution
(Attachments 2 and 3). At a public meeting held on December 4, 2014, the Affordable Housing Board voted
to recommend a Resolution that would move all HOME and Affordable Housing Fund dollars into the Spring
Competitive Process, retaining an optional Fall Competitive Process. At a public meeting held on December
11, 2014 the CDBG Commission made the same recommendation.
PUBLIC OUTREACH
On December 5, 2014 a memo was sent to the City’s affordable housing partners outlining the proposed
changes and requesting feedback no later than December 31, 2014 (Attachment 4). Habitat for Humanity
and the Larimer Home Improvement Program (LHIP) responded in support of the change. CARE Housing
responded with questions seeking clarification, but did not offer a position on the proposed change, and
Neighbor to Neighbor did not provide a response.
Fort Collins Housing Authority did not provide a written response, but has been engaged in ongoing
conversations with the Social Sustainability Department about the proposed changes. Social Sustainability
Department staff is confident that any concerns can be addressed at an administrative level.
ATTACHMENTS
1. Competitive Process Calendar (PDF)
2. Affordable Housing Board Minutes, December 4, 2014 (draft) (PDF)
3. Community Development Block Grant Commission minutes, December 11, 2014 (draft) (PDF)
4. Proposed Administrative Changes to Competitive Process - Memo to housing providers (PDF)
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Competitive Process Calendar
Month Event
January Applications available on ZoomGrants
February Applicant Training - Optional
February Technical Assistance - Optional
February Applications due
March Applications available to AHB/CDBG Commission
March Presentations by Applicants
March
Presentations by Applicants / Priority Rankings presented by
AHB
April - May Deliberations
May - June City Council Votes on Recommendations
Optional Fall Process
June Determine need for a Fall Process
July Applications available on ZoomGrants
August Technical Assistance - Optional
August Applications due
September Applications available to AHB/CDBG Commission
September
Presentations by Applicants and Priority Rankings presented
by AHB
October Deliberations
November City Council Votes on Recommendations
ATTACHMENT 1
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Attachment9.1: Competitive Process Calendar (2765 : Administrative Changes to the Competitive Process)
CITY OF FORT COLLINS
AFFORDABLE HOUSING BOARD
BOARD MEETING MINUTES
CIC Room, City Hall
300 Laporte Ave
Fort Collins, Colorado
December 4, 2014
4:00–6:00pm
Excerpt from Draft Minutes:
ITEM 3: FEDERAL SOURCE OF FUNDING CRITERIA—BETH ROSEN
Beth requests a recommendation from the board to Council in support of having one grant allocation process in the
spring, in which all housing funds are available, and an optional process in the fall in the event that excess or
additional funds become available. If and when there is funding or a timelines need on the part of an applicant, there
could be the possibility of funding in the fall. Currently we hold back HOME funds to allocate in the fall. In August
we submit an annual plan to HUD for the dollars received in October. Then the fall process allocates funds from the
previous HUD distribution. This year, Council just approved 2014 Affordable Housing Funds for use. All housing
applicants could come in together, all the proposed applications for the year would be reviewed, and decisions could
be made based on all projects and all available funds. This would allow better alignment of funding to projects. Sue
added that the eligible expenses at the federal level shift, which makes it even harder to match funds to projects.
Beth provided a hand out and reviewed the funding sources. CDBG funding’s focus is on community building, not
housing. These funds must be used to benefit low and moderate income persons, aid in prevention of blight, or meet
an urgent need, such as a disaster or emergency. CDBG funds can only be used by the local government or awarded
to nonprofit or governmental entities. The City has identified housing as the most important need, so CDBG funds
have never been used toward parks, streets, or other blight remediation. It is the responsibility of the City to verify
the income eligibility of the person’s served. CDBG has limited eligible housing activities, such as homeowner
rehab, down-payment assistance, closing costs, acquisition of property for rental housing, public improvements, etc.
New construction is not eligible. CDBG funds can support the construction of new housing, but not pay for
construction. An example is that Redtail Ponds got an allocation of CDBG funds, but Beth had to identify eligible
costs for reimbursement, which is complicated. For planning purposes it is more sensible to have all projects and all
funds reviewed at the same time. Sue added that the Affordable Housing Fund (AHF) is the most flexible funding
source.
HOME funds are used for housing for low and moderate income households and expanding the capacity of non-
profit housing providers. Nonprofits and for-profits are eligible and anything that leads to getting a low income
household into housing is an eligible expense. Projects must be vetted for feasibility and agency capacity. There is a
requirement that 15% of the annual allocation be set aside for CHDOs. The only active CHDO in Fort Collins is
Habitat for Humanity. There are federal regulations for HOME funds. Once funds are put into a development,
additional HOME funds cannot be allocated to that project again. On the other hand, CDBG funds can be requested
multiple times for the same project, such as in the rehabilitation of the property. HOME funds have additional
restrictions that sometimes make them harder to use. For example, if HOME funds are used, the entire property must
be brought up to HOME standards. Villages on Cunningham Corner received both CDBG and HOME funds, but a
major rehab is being done and will bring the property up to standard. HOME also requires a 25% local match,
underwriting criteria, property standard guidelines, and long-term monitoring and compliance. The City has an
automatic allocation annually of HOME and CDBG funds based on a formula.
Affordable Housing Fund (AHF) has no limits or restrictions, other than being used to support housing. It can be
used for the local match, emergency repairs, administrative costs, rental repairs, etc.
Discussion/Q & A:
Eloise asked if the flexibility provided by two cycles per year is worth keeping. Beth said this was based on
the tax credit allocation process which had two cycles, but has recently condensed to one as well. It is
reasonable to expect all applicants to come in once a year, so that we can submit a plan to HUD that covers
what we actually plan to do, rather than submit a substantial amendment each year.
Curt asked about CDBOs. Beth said the city does not have any CDBOs now.
Curt asked about the definition of “viable urban community.” Beth said it is the CDBG definition.
ATTACHMENT 2
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Attachment9.2: Affordable Housing Board Minutes, December 4, 2014 (draft) (2765 : Administrative Changes to the Competitive Process)
Eloise asked if the green community that was proposed at Willox and College would have qualitied. Beth
said it is being built by a for-profit developer and is therefore not eligible for CDBG funds.
Troy asked if there was a flood that damaged properties, would it still need to be a nonprofit or government
agency that used the funds. Beth said yes. Tatiana said LHIP could apply for the funds and use them to help
homeowners. Beth added that in the 1997 flood, the City requested and received disaster relief funds that
were used immediately to help displaced people.
Diane asked why there is a minimum allocation for AHF. Beth said that is not per project, but a minimum
allocation from the City to the fund. An enhancement offer was accepted in the 2015/16 BFO cycle, so
there will be more funds available in the next two years.
Tatiana is concerned whether there will be a reserve put in place in case of a disaster. Sue added that there
are always general fund dollars. If Council wanted something funded, we could have an additional
competitive process.
Beth added that we may not allocate all $2 million if we do not have good projects. If all funds are not
allocated, there would be a fall process as well.
Tatiana said this whole bank of funds is for human services as well. Beth said the human services are
always funded in the spring already.
Tatiana asked the negative impacts of the change to the process. Beth said it streamlines the process and
eliminates the need of applicants coming in over two or three cycles to get all the funds they need for a
single project.
Diane asked if this will help in the bricks and sticks versus public services dilemma. Beth said you would
not see more of this issue than previously. Diane added the board wants to make sure it is following its
charge to review projects in an equal way. Does this process pull out the social projects?
Beth said it adds another lens for comparison.
Diane said comparing non-development to development is apples to oranges and is frustrating.
Beth said it could look very similar to what the board saw this fall; however, the board would also have
$750,000 of CDBG funds.
Troy moved the Affordable Housing Board recommend that Council put all grant funds in Spring Competitive
Cycle and hold an optional fall cycle as funds are available. Terence seconded. Motion passed unanimously, 6-
0-0.
Tatiana said if you have an out of state developer come in to purchase land, and then the funds are all
gone to do land acquisition, they will pull out and we lose a potential project.
Troy said the pros outweigh the cons in that potential scenario.
Diane said when we look at the history of who comes in the fall cycle, they are not generally new.
Sue asked what happened with Cunningham Corners. Beth said the amount of money available was
due to a project going bankrupt, making the funds that had been allocated available again. In such a
case, under the new process, there would be a fall cycle to allocate the recuperated funds.
Tatiana asked if the CDBG Commission is in support of this. Beth said yes.
Packet Pg. 140
Attachment9.2: Affordable Housing Board Minutes, December 4, 2014 (draft) (2765 : Administrative Changes to the Competitive Process)
1
COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION
REGULAR MEETING AND PUBLIC HEARING
1221 Green Street, FORT COLLINS
December 11, 2014, 6:30 P.M.
DRAFT
Excerpt from Draft Minutes:
Staff Reports and Program Updates
Sharon Thomas reported that the Social Sustainability Affordable Housing
Administrator, Beth Rosen, is submitting to Council a resolution proposing that HOME
and AHF be allocated in the spring, starting with the FY15 Competitive Process cycle.
Thomas stated that staff feels as though doing so would ensure projects are better
meeting federal regulations and also avoids a scenario where larger projects receive
piecemeal funding.
Thomas also said there will be an optional fall cycle if about $500,00 or more is available
to allocate.
Anita Basham said this means there will be more presentations in the spring, and
Thomas said just one or two more related to housing.
Basham said that Fort Collins Housing Authority had suggested having a rolling cycle,
which would make it easier for them. Chair Bob Browning said that doing so eliminates
the competitive nature of the process.
Thomas said another benefit is that commission members could decide to set aside
CDBG, HOME and AHF funds for another time, and that it would still remain a
competitive process. She also said that staff is not moving forward with any
recommendations that change the funding process made by the consultants. She added
that one challenge for staff has been completing a report on activities for HUD each year
by August when the funds haven’t been used yet, which creates the need for multiple
amendments that have to be drafted, approved and published. Having one cycle in the
spring eliminates this.
Kay Rios moved to support the resolution. Margaret long seconded the motion. Motion
passed unanimously.
ATTACHMENT 3
Packet Pg. 141
Attachment9.3: Community Development Block Grant Commission minutes, December 11, 2014 (draft) (2765 : Administrative Changes to the
Social Sustainability
321 W. Maple Street
PO Box 580
Fort Collins, CO 80522
970.221.6812
www.fcgov.com
M E M O R A N D U M
TO: CARE Housing
Fort Collins Habitat for Humanity
Fort Collins Housing Authority
Larimer Home Improvement Program
Neighbor to Neighbor
FR: Beth Rosen, Affordable Housing Administrator
DT: December 5, 2014
RE: Proposed Administrative Changes to the Competitive Process
On January 20, 2015 the Social Sustainability Department (SSD) intends to present Fort Collins
City Council with a request to make administrative changes to the Competitive Process.
Specifically, SSD will be requesting Council pass a Resolution moving HOME and Affordable
Housing Fund (AHF) allocations into the Spring process, thereby retaining an optional Fall
process in the event there are additional available funds and/or critical timeliness needs on
either the part of the City or a housing provider.
Having all housing funding sources available in the Spring allocation process will meet two
critical needs for process improvement:
1. Allocation of all Federal funding prior to June 30 will allow the City to obtain compliance
with the HUD requirement to have all housing projects identified and reported in the
City’s Annual Plan, which is due no later than August 15, 45 days prior to the start of the
new federal Program Year; and
2. Allow for the best use of funds by better aligning housing projects with appropriate
funding sources
Retaining an optional Fall process will also create an opportunity to disburse excess available
funding when and if there is a critical timeliness need on either the part of the City or a housing
partner. By June 1 of any program year, the City will determine if there is sufficient funding
available and/or demand to warrant the initiation of a Fall process.
Historically, our housing partners have valued two separate processes, in part because they
provided opportunities to obtain funding commitments prior to CHFA’s semi-annual allocation of
Low Income Housing Tax Credits. CHFA has moved to an annual process, with applications
due May 1, 2015. Assuming the City receives timely notification from HUD regarding the annual
allocation, housing applicants would benefit from having City funds awarded to their projects
prior to the tax credit application deadline.
Please contact me with any comments regarding this process prior to December 31, as I would
like to be able address any concerns and accurately report feedback received to City Council.
ATTACHMENT 4
Packet Pg. 142
Attachment9.4: Proposed Administrative Changes to Competitive Process - Memo to housing providers (2765 : Administrative Changes to the
- 1 -
RESOLUTION 2015-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A REVISED COMPETITIVE PROCESS FOR THE ALLOCATION OF
CITY FINANCIAL RESOURCES TO AFFORDABLE HOUSING PROGRAMS/PROJECTS
AND OTHER COMMUNITY DEVELOPMENT ACTIVITIES
WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-013,
establishing a competitive process for allocating funds from the federal Community
Development Block Grant and HOME programs, as well as City Affordable Housing funds (the
“Competitive Process”); and
WHEREAS, the Competitive Process established two funding cycles, with CDBG funds
allocated in the spring and HOME and Affordable Housing funds allocated in the fall; and
WHEREAS, having two funding cycles is not consistent with current program
requirements of the federal Department of Housing and Urban Development (HUD); and
WHEREAS, splitting the two sources of funding into two application cycles has also
made it difficult for eligible recipients to align their projects with the most appropriate funding
sources; and
WHEREAS, City staff has therefore recommended that the Competitive Process be
changed to include only one funding cycle in the spring, with the fall funding cycle being
optional and used only when funds are available that were not allocated in the spring or were
returned to the City; and
WHEREAS, the Competitive Process also included application forms that agencies use to
apply for funding and ranking criteria used to score funding applications; and
WHEREAS, over time the application forms and criteria have been updated, and
applications are now made online; and
WHEREAS, the City Council wishes to authorize the City Manager to approve future
changes to the application forms or method and ranking criteria; and
WHEREAS, both the Affordable Housing Board and the CDBG Commission
recommend that the Council adopt a revised funding process that would move all available
funding into a spring funding cycle while retaining an optional fall cycle; and
WHEREAS, a copy of the proposed revised and updated Competitive Process is attached
as Exhibit “A” and incorporated herein by reference (the “Revised Process”); and
WHEREAS, the Council has determined that the Revised Process should be adopted.
Packet Pg. 143
- 2 -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the revised competitive process for the allocation of City financial
resources to affordable housing programs/projects and other community development activities,
including, without limitation, the competitive process, funding cycles, funding cycle schedules
and funding review criteria, all as shown in Exhibit “A”, is hereby adopted.
Section 2. That the City Manager is hereby authorized to administratively approve
future changes to the application forms or method of application and funding review criteria as
necessary or appropriate to comply with regulatory changes or improve the funding process.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 144
Exhibit “A”
Competitive Process
Presented below is a description of the Competitive Process for making allocations of funding
from the Federal Community Development Block Grant (CDBG) and HOME Programs, and the
City’s Human Service Program (HSP), Keeping Fort Collins Great (KFCG) and Affordable
Housing Fund. The description discusses the roles of the Affordable Housing Board and CDBG
Commission. The Competitive Process also includes the following:
1. There will be two separate application forms: one for Human Service applications and
one for Housing/Public Facility applications.
2. Applications are currently submitted on-line through ZoomGrants.
3. There will be a single set of Review Criteria used to evaluate human service
applications.
4. There will be a single set of criteria used to evaluate Housing/Public Facility applications.
5. Housing Review criteria incorporate current City policies, guidelines and priorities
outlined in the following documents:
a. Consolidated Housing & Community Development Plan
b. Affordable Housing Strategic Plan
Role of the Affordable Housing Board
The Affordable Housing Board reviews all affordable housing applications and provides a
priority ranking of all proposals to the CDBG Commission.
Role of the CDBG Commission
The CDBG Commission makes the final recommendations for funding for all funds, including
CDBG, HOME, Human Services Program, and the Affordable Housing Fund. HOME funds (by
federal regulations) and Affordable Housing Fund dollars are restricted to affordable housing
projects and programs. The majority, (65%) of CDBG funds are earmarked to support
affordable housing, but also offer wider potentials for usage including: public facilities, and
economic development. Up to 15% can be allocated to public service projects and programs.
Funding Cycles
There will be a minimum of one funding cycle. All available funds, CDBG, HOME, AHF, HSP
and KFCG will be available for allocation in a spring cycle. An optional fall cycle will be
implemented when there is approximately $500,000 or more in funds available for allocation
and/or there is a critical timeliness need on the part of the City or a housing provider.
Packet Pg. 145
Attachment1: Exhibit A (2800 : Administrative Changes to the Competitive Process RES)
Competitive Process Calendar
Month Event
January Applications available on ZoomGrants
February Applicant Training - Optional
February Technical Assistance - Optional
February Applications due
March Applications available to AHB/CDBG Commission
March Presentations by Applicants
March
Presentations by Applicants / Priority Rankings presented by
AHB
April - May Deliberations
May - June City Council Votes on Recommendations
Optional Fall Process
June Determine need for a Fall Process
July Applications available on ZoomGrants
August Technical Assistance - Optional
August Applications due
September Applications available to AHB/CDBG Commission
September
Presentations by Applicants and Priority Rankings presented
by AHB
October Deliberations
November City Council Votes on Recommendations
Packet Pg. 146
Attachment1: Exhibit A (2800 : Administrative Changes to the Competitive Process RES)
Review Criteria for Non-Housing Projects
Impact/Benefit (maximum 30 points)
1. (0-10)
2. (0-5)
3. (0-5)
4. (0-10)
Sub-total 0
Need/Priority (maximum 15 points)
1. (0-10)
2. (0-5)
Sub-total 0
Feasibility (maximum 15 points)
1. (0-3)
2. (0-4)
3. (0-4)
4. (0-4)
Sub-total 0
Leveraging Resources (maximum 20 points)
1. (0-10)
A. Principal and interest (30 - year amortization or less) 10 points
B. Principal and no interest or principal and balloon payment (repayment) 6 points
C. Due-on-sale loan 4 points
D. Grant (no repayment) 2 points
2. (0-10)
A. Less than 1:1 0 points
B. 1:1 to 1:3 4 points
C. 1:4 to 1:6 7 points
D. More than 1:7 10 points
Sub-total 0
Capacity and History (maximum 20 points)
1. (0-10)
2.
(0-10)
3. (0-20)
Sub-total 0
GRAND TOTAL 0
The ranking criteria are divided into five major categories. Each category is given a total number of points that has been
weighed according to its importance with respect to local and federal priorities.
(all persons 0-30% of AMI = 10 pts; at least half of the persons at or below 30% of AMI and the
remaining persons at 31-50% of AMI = 8 pts; at least half of the persons at 31-50% of AMI and
at least half of the persons at 51-60% of AMI = 6 pts; all persons between 61-80% of AMI = 4
pts)
Does the project provide long-term benefit or affordability?
Does the project provide assistance for persons to gain self-sufficiency or maintain independence,
or serve a special population?
Primarily targets low income persons?
Project produces adequate community benefit related to cost?
Has the applicant documented a need for this project?
The project will be completed within the required time period?
Project budget is justified? (Costs are documented and reasonable.)
The level of public subsidy is needed? (Private funds are not available.)
(1-10 yrs = 3 pts, 11-19 yrs = 6 pts, 20 - 30 yrs = 8 pts, permanent = 10 pts)
Meets a Consolidated Plan priority?
Has the applicant documented efforts to secure other funding?
If new, applicant has capacity to maintain regulatory compliance?
Project leverages other financial resources? (Including in-kind)
Applicant has the capacity to undertake the proposed project?
If previously funded, has the applicant completed prior projects and maintained regulatory
compliance?
Does the project allow the reuse of our funding?
Project ID:
Primary Applicant:
Secondary Applicant:
Program/Project:
Funding Request:
Fiscal Yesr
POLICIES AND STRATEGIES ALIGNMENT
Affordable Housing Srtrategic/Consolidated Plan Priority
Yes #? or No:
Targets Low Income Persons
Number of units serving households: 30% of AMI or lower:
31-50% of AMI:
51-60% of AMI:
61-80% of AMI:
81% of AMI or higher:
Total Units:
Percentage of units serving 50% of AMI or lower:
Long Term/Benefit/Affordability
Number of years of affordability:
Serves Special Population
Yes ( ? ) or No:
PLANNING FRAMEWORK ALIGNMENT
Location According to City Plan
located within…
…1/4 mile of a transit line (Yes or No):
1/4 mile of an employment district (Yes or No):
1/4 mile of a community commercial district (Yes or No):
located in…
...the downtown (Yes or No):
...a targeted redevelopment area (Yes or No):
Distribution Policies of City Plan
distance to nearest AH project:
nearest Affordable Housing project name:
FINANCIAL HEALTH ALIGNMENT
Justified Budget
all costs documented:
more then 1/2 costs documented:
less than 1/2 costs documented:
no costs documented:
Attempt to Secure Other Funding
Yes or No:
Returns Funds to City
principle and interest:
principle, no interest, balloon:
due-on-sale:
grant:
unknown:
Leverage other Financial Resources
Leveraging ratio (City funds vs. other funds) 1 / ?:
PROJECT DEVELOPMENT ALIGNMENT
"Ready to Go" Status
"final" gap financing:
some funding, but not all:
"conceptual" project:
Capacity to Undertake the Project
Proven track record:
some concerns with the capabilities:
serious concerns with the capabilities:
Previously Funded, Regulatory Compliance
successfully adminstered previous funding:
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Wanda Nelson, City Clerk
SUBJECT
Resolution 2015-010 Making Appointments to Various Boards and Commissions of the City of Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards and
commissions, due to resignations and the expiration of terms of current members. Applications have been
solicited since September. Council teams interviewed applicants during November, December and January.
This Resolution appoints individuals to fill current vacancies and expiring terms.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution makes 9 appointments to 6 boards and commissions to existing vacancies with terms to
begin immediately. Names of those individuals recommended to fill current vacancies have been inserted in
the Resolution with the expiration date following the names.
Packet Pg. 149
- 1 -
RESOLUTION 2015-010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS BOARDS, AND COMMISSIONS
OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist on various boards, commissions, and authorities of
the City due to resignations by board members and due to the expiration of the terms of certain
members; and
WHEREAS, the City Council desires to make appointments to fill the vacancies which
exist on the various boards, commissions, and authorities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
That the following named persons are hereby appointed to fill current vacancies on the
boards, commissions, and authorities hereinafter indicated, with terms to begin immediately and
to expire as set forth after each name:
Building Review Board Expiration of Term
Rick Reider December 31, 2018
Citizen Review Board Expiration of Term
John Heilman December 31, 2018
Cultural Resources Board Expiration of Term
Will Flowers December 31, 2018
Steven Sorensen December 31, 2018
Parking Advisory Board Expiration of Term
Stephanie Napoleon December 31, 2017
Packet Pg. 150
- 2 -
Senior Advisory Board Expiration of Term
Rich Feller December 31, 2018
Joann Thomas December 31, 2018
Youth Advisory Board Expiration of Term
Calving Yingling December 31, 2018
Christina Lyles December 31, 2018
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 151
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Second Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Capstone Cottages Rezoning.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on January 6, 2015, by a vote of 4-3 (Nays: Cunniff, Overbeck,
Poppaw) rezones approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay Avenue
intersection from the Industrial district (I) to the Medium Density Mixed Use Neighborhood district (M-M-N) and
rezones the abutting 0.070 acres of land from the M-M-N to the Industrial District.
The requests are based on the Applicant’s proposal to develop a student oriented single-family residential
project; the Project Development Plan for the proposed project is in the process of being reviewed by staff as
part of a separate application.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
During the Council discussion at First Reading, Councilmembers had comments relating to appropriate
location and buffering of Medium Density Mixed-Use Neighborhoods (M-M-N) land use adjacent to Industrial,
and to loss of Industrial designated lands from the City’s Industrial inventory with the proposed rezoning. Staff
offers the following response and information for these comments.
1. Appropriateness of the location for M-M-N given the adjacent Industrial
The existing 15-acre M-M-N property at the northeast corner of Lemay and Lincoln is consistent with City Plan
policy adjacent to a commercial center, transit and industrial uses. This M-M-N designation provides higher
density housing within walking distance to supporting services, shopping, work, recreation and transit. The
proposed expansion of 12.7 acres of M-M-N can be viewed as being consistent with City Plan for all the same
reasons.
2. Residential Buffering
The Land Use Code recognizes that residential uses may be proposed adjacent to existing industrial land
uses. There are requirements with a specific purpose to separate new residential land uses from existing
industrial uses and minimize impacts. These landscape buffering standards would be applied as part of the
development plan review process.
Packet Pg. 152
Agenda Item 11
Item # 11 Page 2
Staff finds that the proposed expansion of approximately 12 acres of M-M-N adjacent to existing industrial
development as part of the Plan Amendment and Rezoning application allows for sufficient landscape buffering
between uses.
3. Impact on Industrial Land Inventory
Staff has assessed how this proposed plan amendment and re-zoning would affect the inventory of vacant
buildable Industrial lands within the Growth Management Area. A recent update of vacant and industrial
designated redevelopment industrial land inventories identify:
- Vacant Industrial Land – 865 acres
- Industrial Redevelopment Areas– 254 Acres
- Total Vacant & Redevelopment Industrial Areas – 1,119 acres
As part of the last City Plan update the following findings were reported:
Projected industrial employment will remain stable through 2040 and could decrease slightly
thereafter.
Fort Collins contains 12.8 million square feet of existing industrial space on 2,949 acres of land at an
average industrial land use floor are ratio of .08. Industrial floor area ratios (FAR) in mature suburban
markets typically average a 0.15 FAR.
“We find that if the FAR for Fort Collins in 2060 were to be more in line with mature suburban areas,
such as FARs of 0.15 for industrial and 0.25 for retail and office/institutional, Fort Collins may not need
to expand its current supply of nonresidential land by much.”
“During the period 2010 to 2060, nearly all of Fort Collins’ nonresidential built stock will be replaced.”
and “In a growing area, redevelopment usually results in much higher land-intensity than that which it
replaced.”
“Fort Collins has sufficient land to meet its nonresidential and much of its residential land use needs
over the next half century.”
Staff has found that the proposed net loss of approximately 13 acres of Industrial land is insignificant when
viewed relative to the overall inventory of potential future Industrial land use. In addition, the proposed loss of
approximately 13 acres on the Capstone site of industrial land can be viewed as being off-set by the recent
addition of the use “Campus Employment” for the Woodward Technology Campus project under construction
to the west. A large part of the Woodward operations will include light industrial manufacturing activity. Finally,
another consideration in this particular case is that the industrial land proposed for rezoning consists of
awkward-shaped parcels that have proven unusually difficult to plan, for both owners and the City. The
proposed consolidation of parcels into single ownership resolves the challenges for coordination of transition of
land use, buffers and alignment for future streets in the area.
ATTACHMENTS
1. First Reading Agenda Item, Summary, January 6, 2015 (w/o attachments) (PDF)
2. Ordinance No. 007, 2015 (PDF)
Packet Pg. 153
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 6, 2015
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Items Relating to the Capstone Cottages Plan Amendment to the City Structure Plan and East Mulberry
Corridor Plan Maps, and Rezoning.
EXECUTIVE SUMMARY
A. Resolution 2015-004 Amending the City’s Structure Plan Map.
B. Resolution 2015-005 Amending the East Mulberry Corridor Plan Map.
C. First Reading of Ordinance No. 007, 2015, Amending the Zoning Map of the City by Changing the Zoning
Classification for that Certain Property Known as the Capstone Cottages Rezoning.
The purpose of this item is to amend the City Structure Plan Map and the East Mulberry Corridor Plan Map, to
change the land use designation of approximately 12.7 acres of land northeast of the Lincoln Avenue/Lemay
Avenue intersection from Industrial to Medium Density Mixed-Use Neighborhood, rezone the property from the
Industrial district (I) to the Medium Density Mixed Use Neighborhood district (M-M-N) and rezone the abutting
0.070 acres of land from the M-M-N to the Industrial District.
The requests are based on the Applicant’s proposal to develop a student oriented single-family residential
project; the Project Development Plan for the proposed project is in the process of being reviewed by staff as
part of a separate application.
On December 11, 2014, the Planning and Zoning Board voted (4-0) to support a recommendation to City
Council to approve the proposed Capstone Cottages plan amendment and rezoning.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions and Ordinance on First Reading.
BACKGROUND / DISCUSSION
1. Background
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Use
North Industrial (I) Vacant industrial land
Low Density Residential (R-L) Ex. Neighborhood Andersonville/San
Cristo/Via Lopez
South General Commercial (C) Mulberry/Lemay Crossing, Multi-Family
(Buffalo Run Apts.)
East Industrial (I) Existing industrial businesses
ATTACHMENT 1
Packet Pg. 154
Attachment11.1: First Reading Agenda Item, Summary, January 6, 2015 (w/o attachments) (2805 : SR 007 Capstone Cottages Rezoning)
Agenda Item 11
Item # 11 Page 2
West Industrial (I) Existing industrial businesses
Zoning History (in reverse chronological order)
2003
The City initiated a re-zone for three parcels consisting of approximately 24 acres at the northeast corner of
Lincoln and Lemay from Industrial (I) to the Employment District (E) to bring the City Structure Plan map and
Zoning map into conformance with the East Mulberry Corridor Plan that was adopted in 2002. The owner of
approximately 15.79 acres included in the staff’s request, and at the northeast corner thereof, requested that
its property be rezoned M-M-N rather than Employment (E). The Planning and Zoning Board supported the
request to rezone the property at the corner from I to M-M-N, commenting that the site was appropriate for M-
M-N because of its accessibility and proximity to the Wal-Mart development, which effectively acts as a
neighborhood center. The City Council approved the rezoning to M-M-N.
March 1997
The City implemented the newly adopted Comprehensive Plan called City Plan. This implementation involved
re-zoning the entire City into new zone districts with certain exceptions for developed properties that were not
anticipated to re-develop. The primary exception was existing neighborhoods which retained their underlying
pre-City Plan zone of R-L, Low Density Residential.
1994
The larger parcel consisting of 17.1 acres was annexed and zoned Industrial as part of the East Lincoln Third
Annexation.
1986
The two smaller parcels (East) were annexed and zoned Industrial as part of the Fort Collins Business Center
First Annexation.
2. Plan Amendments - City Plan and Related Elements
City Plan Minor Amendment Process
City Plan and adopted subarea plans are the policy documents that shall be used to guide
decision-making in Fort Collins and its Growth Management Area. Revisions to City Plan and
elements thereof shall be conducted according to two distinct procedures: Comprehensive
Updates and Minor Amendments. Comprehensive updates to City Plan will take place every
five (5) years, ideally in a concurrent process with the Transportation Master Plan like the Plan
Fort Collins effort.
A separate process shall be used to make Minor Amendments to City Plan and other adopted
elements. Minor Amendments may include revisions to one or a few sections of the plan as a
result of adoption of subarea plans or a specific issue, policy, or directive from City Council.
Minor amendments may include changes to the City Structure Plan Map as well as corrections
to text or map errors. Amendment requests based on proposed development projects that
involve re-zonings may also be processed concurrently with re-zoning applications. Requests
shall be submitted to the City’s Planning Department at least 60 days prior to the hearing date
for the Planning and Zoning Board. The 60-day submittal requirement is necessary in order to
permit adequate public notice to be given and to allow adequate time to complete the
background work for considering a plan amendment.
Packet Pg. 155
Attachment11.1: First Reading Agenda Item, Summary, January 6, 2015 (w/o attachments) (2805 : SR 007 Capstone Cottages Rezoning)
Agenda Item 11
Item # 11 Page 3
A plan amendment will be approved if the City Council makes specific findings that:
The existing City Plan and/or any related element thereof is in need of the proposed
amendment, and
The proposed amendment will promote the public welfare and will be consistent with the
vision, goals, principles and policies of City Plan and the elements thereof.
As part of the justification by the Applicant:
“The Applicant would like to develop a student-oriented housing development northeast of the
intersection of Lincoln and Lemay Avenues. Approximately 18.32 acres of land at the corner is
currently zoned M-M-N. The developable size of the original 18.32-acre site intended for multi-
family development has been significantly reduced because of changed conditions.”
“Additional M-M-N zoned land is necessary to create a site zoned M-M-N that is large enough
to accommodate a project that is both financially feasible and one that is consistent with City
policies related to multi-family development, transitional land use and neighborhood
compatibility.”
Staff has assessed the proposed plan amendments and supports the change relating to the first City Plan
criterion, that there is a need for the amendments. The Plan Amendments are needed in order to re-designate
approximately 12.7 acres of land from Industrial to Medium Density Mixed-Use Neighborhood (M-M-N)
abutting the existing M-M-N parcel. Additional M-M-N designated land through consolidation of parcels is
necessary to create a site that is large enough to accommodate a project that is consistent with City policies
related to multi-family development. The larger site will provide expanded transitional land use and buffers,
neighborhood compatibility, and coordination of public street alignments.
The existing Industrial parcels proposed to be changed are awkward in shape as a result of the original metes
and bounds property boundary configuration while in Larimer County. The Master Street Plan shows three
public streets bisecting these existing Industrial parcels, including extensions of International Boulevard, Duff
Street and Webster Street. A larger consolidated property will enable the improved alignment and connections
of public streets in the area, under single ownership.
As part of the justification by the Applicant:
“The proposed Structure Plan Map amendment will allow a rezoning to the M-M-N zone and
development of the applicant’s proposed multi-family project that is consistent with and
supported by City Plan Principles and Policies. The net acreage of the existing M-M-N site is
less than 14 acres, while approximately 20-25 acres is required to develop a project that is
consistent with City Policies related to multi-family development, transitional land use and
neighborhood compatibility. Allowing an increase in the size of the existing M-M-N property
northeast of the intersection of Lincoln and Lemay Avenues will provide a needed land use
transition between existing industrial development and existing single-family neighborhoods to
the northwest.”
“The 12.7 acres proposed to be rezoned is intersected by International Boulevard, Duff Street
and Webster Street resulting in four small separate and odd shaped parcels that would be
difficult to develop. Any potential loss of employment opportunities associated with the existing
industrial zoned land is more than off-set by Woodward developing a new campus to the
property located southwest of the Lincoln and Lemay intersection. It is anticipated that
Woodward will build 600,000 square feet of office and manufacturing space in four phases
retaining and/or creating between 1400 and 1700 primary jobs on the 101-acre former Links-n-
Greens site.”
Staff has assessed the proposed plan amendments and concludes that the change continues to promote the
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public welfare and is consistent with the vision, principles and policies of City Plan and elements thereof. The
location and proposed increase in size of the M-M-N designation is adjacent the existing Mulberry/Lemay
Crossing Shopping Center which includes a supermarket, transit facilities, employment and the Poudre River.
An expanded M-M-N designation will provide increased opportunity to establish a transition and link between
lower density neighborhoods and commercial, employment and industrial Districts. As mentioned above, the
proposed amendment will enable better coordination of planned alignment and connections of public streets in
the area.
Staff has also assessed how this proposed plan amendment and re-zoning will affect the available inventory of
vacant buildable Industrial lands within the Growth Management Area. A recent update of vacant and
redevelopment industrial land inventories identify:
Vacant Industrial Land - 865 acres
Industrial Redevelopment Areas (Airpark) - 254 Acres
Total Vacant & Redevelopment Industrial Areas - 1,119 acres
As part of the last City Plan update and 2010 Nelson Study, the following findings were reported:
Projected industrial employment will remain stable through 2040 and could decrease slightly
thereafter.
Fort Collins contains 12.8 million square feet of existing industrial space on 2,949 acres of land at an
average industrial land use floor are ratio of .08. Industrial floor area ratios (FAR) in mature suburban
markets typically average a 0.15 FAR.
“We find that if the FAR for Fort Collins in 2060 were to be more in line with mature suburban areas,
such as FARs of 0.15 for industrial and 0.25 for retail and office/institutional, Fort Collins may not need
to expand its current supply of nonresidential land by much.”
“During the period 2010 to 2060, nearly all of Fort Collins’ nonresidential built stock will be replaced.” &
“In a growing area, redevelopment usually results in much higher land-intensity than that which it
replaced.”
“Fort Collins has sufficient land to meet its nonresidential and much of its residential land use needs
over the next half century.”
The proposed net loss of approximately 12.7 acres of Industrial land is insignificant when viewed relative to the
overall inventory of potential future Industrial land use. In addition, the proposed loss of approximately 13 acres
on the Capstone site of industrial land is off-set by the recent addition of the use “Campus Employment” for the
Woodward Technology Campus project under construction to the west. A large part of the Woodward
operations will include light industrial manufacturing activity.
3. Land Use Code Division 2.9 - Amendment to the Zoning Map
Section 2.9.4 (H) (2) - Mandatory Requirements for Quasi-judicial Zonings or Rezonings:
Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of
land or less (a quasi-judicial rezoning) shall be recommended for approval by the Planning and Zoning
Board or approved by the City Council only if the proposed amendment is:
(a) Consistent with the City's Comprehensive Plan; and/or
(b) Warranted by changed conditions within the neighborhood surrounding and including the
subject property.
Section 2.9.4(H)(2)(a) - Consistency with the Comprehensive Plan:
The City Structure Plan Map indicates the approximate 15.8-acre existing parcel and proposed amendment for
the approximate 12.7-acre parcel to be “Medium Density Mixed-Use Neighborhood.” According to the Land
Use Code:
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The Medium Density Mixed-Use Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial district.
Secondarily, a neighborhood may also contain other moderate-intensity complementary and
supporting land uses that serve the neighborhood. These neighborhoods will form a transition
and a link between surrounding neighborhoods and the commercial core with a unifying
pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and
parks will be configured to create an inviting and convenient living environment.
This District is intended to function together with surrounding low density neighborhoods
(typically the L-M-N zone district) and a central commercial core (typically an N-C or C-C zone
district). The intent is for the component zone districts to form an integral, town-like pattern of
development, and not merely a series of individual development projects in separate zone
districts.
The City Structure Plan Map also indicates the approximate .07-acre parcel to be “Industrial.” According to the
Land Use Code:
The Industrial District is intended to provide a location for a variety of work processes and
work places such as manufacturing, warehousing and distributing, indoor and outdoor storage,
and a wide range of commercial and industrial operations. The Industrial District also
accommodates complementary and supporting uses such as convenience shopping, child
care centers and housing. While these Districts will be linked to the City's transportation
system for multiple modes of travel, some may emphasize efficient commercial trucking and
rail traffic as needed. Industrial and manufacturing processes used in this District may, by
necessity, be characteristically incompatible with residential uses.
The proposed rezoning is supported by and consistent with the City Structure Plan Map and the East Mulberry
Corridor Plan Map, both elements of City Plan.
Section 2.9.4(H)(2)(b) - Changed Conditions:
As part of the Applicant’s justification the following findings were identified:
In addition to being consistent with the City’s Comprehensive Plan, the proposed re-zoning is
also warranted by changed conditions within the neighborhood surrounding and including the
subject property. The following changes have occurred in the surrounding neighborhood that
supports the proposed change from I to M-M-N:
The airport is no longer in operation. Concerns raised by City staff in the 2003
consideration of a rezoning to M-M-N included concerns about locating residential areas
too close to the airport. With the closure of the airport, this concern is no longer an issue.
Woodward is building a new campus on the 101-acre Links-n-Greens site at the southwest
corner of the Lincoln and Lemay intersection. The City specifically added light industrial
and heavy industrial uses to the zoning for the site to accommodate Woodward’s new
office/manufacturing campus that is anticipated to retain and/or create between 1400 and
1700 primary jobs. The loss of 12.7 acres of I-zoned property is more than offset by the
increase in industrial uses and jobs realized by the Woodward project.
The Master Street Plan alignment of streets in the area will require several acres of the
subject property to be dedicated as right-of-way, leaving only very small and odd shaped
parcels of I-zoned land which would be very difficult to develop as industrial uses
generating employment. Street alignments proposed on the Master Street Plan reduce the
amount of existing M-M-N property. Lemay Avenue is proposed to swing to the east to go
around the east side of the San Cristo/Andersonville neighborhood when the future
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Vine/Lemay overpass is constructed. Lincoln Avenue as shown on the Master Street Plan
swings to the north connecting to the future International Boulevard. The design of the
Lincoln Avenue/International Boulevard intersection has not been determined; however, if
the ultimate design includes a swing to the north (as indicated in the MSP) or a round-
about, either solution would further reduce the M-M-N site. On the north side of the
property, the future Duff Drive aligning with Buckingham Street to the west will also affect
the M-M-N site, cutting off a corner of the M-M-N site and adding a tract of land south of
Duff Drive that is zoned I.
A portion of the original 18.32-acre M-M-N site (2 acres) has already been developed as
the Bank of Colorado.
The net acreage currently available in the M-M-N zone for development of a multi-family
project has been reduced to less than 14 acres by the future street alignments and
adjacent development.
Proposed pedestrian/streetscape improvements along Lincoln Avenue between the
Lincoln Avenue/Lemay Avenue intersection and Riverside Avenue support a residential
project at this location by providing convenient and safe access to Downtown utilizing
alternative modes of travel.
The Mulberry and Lemay Crossings shopping center to the south provides a variety of
goods and services including groceries. The commercial center functions like a
neighborhood center, making medium density residential a land use transition that is well
supported by City policies.
The Applicant has only recently been able to assemble adjacent properties in order to
create an adequate size parcel for multi-family development of the type that would be
supported by City Plan and the City’s Land Use Code.
The assemblage of the various parcels and integration of the MSP streets will now allow
for a mid-block land use change per City Plan Policy LIV 38.3.
The 0.070 acres of land to be rezoned from the Medium Density Mixed Use Neighborhood
District (M-M-N) to the Industrial District (I) is the result of the alignment of Duff Drive
(shown on the MSP) that cuts off a triangle of land that would be more appropriately zoned
I-Industrial to be consistent with I-Industrial zoned parcels adjacent to the street right-of-
way.
In review of the proposed rezoning, staff acknowledges conditions have changed in the area surrounding this
property and on-site. The Woodward Technology Campus is under construction to the west, adding a
significant employment base for the community. The demand for new housing in this area is high. Colorado
State University continues plans to expand student enrollment, resulting in a need for new student housing, on
and off campus. Consolidation of parcels under single ownership will provide additional opportunity to better
coordinate an expanded M-M-N development with adjacent land uses, consistent with City Plan. The Master
Street Plan identifies a curved Minor Arterial Street alignment connecting International Boulevard to East
Lincoln Avenue. An alternative intersection design is being considered which may include a roundabout
configuration. An opportunity also exists to better coordinate alignment and connections of other public streets
in the area.
Section 2.9.4(H)(3)(a) - Compatibility:
The parcel is at the intersection of two arterial streets including Lemay Avenue and Lincoln Avenue. To the
west is the existing Bank of Colorado and Industrial uses including Fort Collins Brewery. To the north are
vacant Industrial lands and the existing Andersonville/San Cristo and Via Lopez neighborhood. To the east
are existing Industrial businesses, and to the south are the Buffalo Run Apartments and Mulberry/Lemay
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Crossing Commercial Center. The combined 28.5 acres of M-M-N continues to be compatible with adjacent
uses. The proposed zoning also allows for an effective transition between the more intense land uses
associated with the arterial streets and the existing low density residential neighborhood to the north.
Section 2.9.4(H)(3)(b) - Impacts on Natural Environment:
The rezoning will not have an adverse impact on the natural environment. The sites proposed to be rezoned
have a few, small isolated pockets of wetlands and no significant wildlife habitats. Any new development that
includes natural areas determined to be valuable would need to be preserved or mitigated regardless of
whether of the property is zoned M-M-N or Industrial per Section 3.4.1.
Section 2.9.4(H)(3)(c) - Logical and Orderly Development Pattern:
It is entirely consistent with City Plan to have an M-M-N District next to an R-L District, General Commercial
District and Industrial District. M-M-N zoning allows for a mix of land uses that are complementary to
surrounding uses and supports transit. The rezoning to a slightly larger M-M-N area allows for improved
coordination of planned public streets and ability to establish a transition between higher intensity uses and
lower intensity uses.
Rezoning the parcels to from Industrial to M-M-N, including M-M-N to Industrial provides a logical and orderly
development pattern.
4. Neighborhood Information Meeting
Three neighborhood meetings were held on February 25, July 24, and December 10, 2014. A majority of
comments received by staff focused on traffic impacts. Comments relating to the proposed land use and
zoning amendments are summarized below (See Attachment 3).
Comment: If this is student housing, I think it is a slap in the face for those looking for affordable
housing in the community. I think that is what should go in there.
Question (Citizen): Have you considered other sites in town?
Response (Applicant): What we like about the site, in order to create a neighborhood and sense of
place we need an appropriate scale, requiring a larger tract of land, but also because it has the access
onto Lincoln Avenue, it has good traffic flow and proximity to Downtown.
Question (Citizen): We have Woodward Governor, and where will people that want to support
Woodward build because there’s no Industrial land left because it is rezoned?
Response (City): The applicants have their justification for why they think it makes sense. We have
our staff report that is going to the Planning & Zoning Board tomorrow night with staff’s justification and
rationale for the rezone. The P&Z will forward a recommendation to Council, who makes the ultimate
decision. Staff has looked at the overall inventory of Industrial land in the Growth Management Area,
that in losing 12 acres of Industrial land, we still have land for industrial development for the long-term.
Comment (Citizen): I share concerns with other folks about compatibility, especially with the potential
gentrifying of the neighborhoods. We’re talking about dropping in a very upscale development several
miles away from campus, surrounded by low to moderate income historic neighborhoods.
Response (City-Social Sustainability): I heard that you would like to see affordable housing. As a
City, we don’t build affordable housing, we partner with others to build it. We rely on our partners to
locate in appropriate places. City Plan asks for affordable housing to be spread throughout the entire
City. Our partners would have to have a complete a market study that shows this is where it is required
in the community. We also have land bank properties that had development impediments at one point
that were not valuable to the market and we hold on to them to develop them for affordable housing at
a future date. We wouldn’t be able to come to this lot without ownership or control to say we need
affordable housing. There are definitely issues throughout the community, including gentrification.
Social Sustainability and the City have recently hired consultants to look at housing affordability
policies and we’re looking at ways we can incentivize the right products in our community.
Comment (Citizen): I don’t know how much support the City has backing this development, but from
what I have painfully heard with the Lincoln Corridor Plan, the City was hell-bent on getting that built,
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so it didn’t matter what people from the neighborhood said. My concerns are: it’s only for students; we
need affordable housing for the working class people and I continue to have to fight on that note, and
we need affordable housing for people that are working minimum wage jobs. If you look across the
street to the apartment complex, it doesn’t fit. The cottages are lovely, it’s a beautiful development that
is solely geared for students, but I feel like it doesn’t fit with the neighborhood and will continue to
gentrify the neighborhood. Those are serious concerns I have.
Comment (Citizen): The cost of land has gone up. I see around campus private buyers having to
compete with the University for properties. CSU has bought so much property and they are already
marching south, and eventually they will march east, so these folks have to go where they need to be.
I agree this is an inappropriate area for this type of project. We know the impact of The Summit with
Capstone on College. It’s a royal mess. They’re now trying to recover with the parking garage. There
is a better job here planning than the other one. We’re not being NIMBY here; there are genuine,
legitimate concerns for the project in this area.
Comment (Citizen): I also had concerns about compatibility. With a birds-eye view, you could see the
perspective this affluent neighborhood is to the low-income neighborhood it surrounds.
Question (Citizen): How does student housing affect property values for nearby neighborhoods?
Response (Applicant): I do not know the effect of property values. I would encourage you to ask real
estate professionals. My own experience is that something brad new and new development in an area
can raise property values.
FINANCIAL / ECONOMIC IMPACTS
Staff finds no direct financial or economic impacts resulting from the requested plan amendment and rezoning.
The plan amendment and rezoning would further implement the East Mulberry Corridor Plan and City Plan,
which both reflect community consideration of economic issues as part of balanced comprehensive planning.
ENVIRONMENTAL IMPACTS
The physical environment will not be directly impacted by the requested plan amendment and rezoning. The
Rezoning will enable ensuing submittal of development applications, and development plans are required to
comply with Land Use Code standards for development, including Environmental and Natural Area Protection
standards to address potential environmental impacts.
PUBLIC OUTREACH
While a neighborhood meeting is not required for this plan amendment and rezoning per Land Use Code
Section 2.9.4 (B), the Director determined a neighborhood meeting is warranted. Three neighborhood
meetings have been held to date for this item and Project Development Plan. While most of the comments
received by staff focused on traffic impacts, comments relating to land use and zoning are highlighted above.
A summary of each neighborhood meeting is included (Attachment 3).
ATTACHMENTS
1. Vicinity Map (PDF)
2. Planning and Zoning Board minutes, December 11, 2014 (draft) (PDF)
3. Neighborhood meeting summary, February 25, 2014 (PDF)
4. Justifications - Rezoning and Plan Amendments (PDF)
5. Powerpoint presentation (PDF)
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- 1 -
ORDINANCE NO. 007, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE CAPSTONE COTTAGES REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code")
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
rezoning of the property that is the subject of this ordinance, and has determined that said
property should be rezoned as hereafter provided; and
WHEREAS, by Resolution 2015-004 and Resolution 2015-005, the City Council has
heretofore made corresponding amendments to the City’s Structure Plan Map and the East
Mulberry Corridor Plan Map; and
WHEREAS, the City Council has further determined that the proposed rezoning is
consistent with the City's Comprehensive Plan and/or is warranted by changed conditions within
the neighborhood surrounding and including the subject property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by changing the zoning classification from Industrial (“I”) Zone District, to
Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District and Medium Density
Mixed-Use Neighborhood (“M-M-N”) Zone District to Industrial (“I”) Zone District, for the
following described properties in the City known as the Capstone Cottages Rezoning:
Property to be Rezoned to the Medium Density Mixed-Use Neighborhood Zone District:
TRACTS OF LAND BEING A PORTION OF THE WEST HALF OF SECTION 7,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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- 2 -
CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, T7N,
R68W AS BEARING NORTH 00° 33' 51" EAST AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO:
PARCEL 1:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7; THENCE ALONG
THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, NORTH 00° 33' 51”
EAST, 993.60 FEET; THENCE, SOUTH 89° 26' 09” EAST, 30.00 FEET TO THE EAST
RIGHT-OF-WAY LINE OF LEMAY AVENUE; THENCE, SOUTH 89° 26' 09” EAST, 206.89
FEET TO THE POINT OF BEGINNING; THENCE NORTH 37° 27' 48” EAST, 230.87 FEET;
THENCE, SOUTH 60° 52' 44” EAST, 386.22 FEET; THENCE, NORTH 89° 26' 09” WEST,
477.85 FEET TO THE POINT OF BEGINNING, CONTAINING 44,112 SQUARE FEET OR
1.013 ACRES MORE OR LESS.
PARCEL 2:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7; THENCE ALONG
THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, NORTH 00° 33' 51”
EAST, 993.60 FEET; THENCE SOUTH 89° 26' 09” EAST, 820.98 FEET; THENCE, SOUTH
00° 33' 51” WEST, 57.82 FEET TO THE POINT OF BEGINNING; THENCE, SOUTH 60° 52'
44” EAST, 589.12 FEET; THENCE, SOUTH 32° 39' 26” WEST, 30.06 FEET; THENCE,
SOUTH 60° 52' 44” EAST, 100.57 FEET; THENCE, SOUTH 29° 07' 16” WEST, 300.00 FEET;
THENCE, SOUTH 60° 52' 44” EAST, 206.10 FEET; THENCE, SOUTH 29° 07' 16” WEST,
560.00 FEET TO THE CENTERLINE OF LINCOLN AVENUE, THENCE ALONG SAID
CENTERLINE THE FOLLOWING 2 COURSES AND DISTANCES: NORTH 60° 52' 44”
WEST, 299.35 FEET; THENCE ALONG A CURVE CONCAVE TO THE SOUTHWEST
HAVING A CENTRAL ANGLE OF 05° 20' 02” WITH A RADIUS OF 1156.00 FEET, AN
ARC LENGTH OF 107.62 FEET AND THE CHORD OF WHICH BEARS NORTH 63° 32' 35”
WEST, 107.58 FEET; THENCE DEPARTING SAID CENTERLINE, NORTH 00° 33' 51”
EAST, 1018.98 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 509,229 SQUARE FEET OR 11.690 ACRES MORE OR LESS.
Property to be Rezoned to the Industrial Zone District:
A TRACT OF LAND BEING A PORTION OF THE WEST HALF OF SECTION 7,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, T7N,
R68W AS BEARING NORTH 00° 33' 51" EAST AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO:
PARCEL 3:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7; THENCE ALONG
THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7, NORTH 00° 33' 51”
EAST, 993.60 FEET; THENCE SOUTH 89° 26' 09” EAST, 820.98 FEET TO THE POINT OF
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Attachment11.2: Ordinance No. 007, 2015 (2805 : SR 007 Capstone Cottages Rezoning)
- 3 -
BEGINNING; THENCE, SOUTH 00° 33' 51” WEST, 57.82 FEET; THENCE, NORTH 60° 52'
44” WEST, 120.95 FEET; THENCE, SOUTH 89° 26' 09” EAST, 106.23 FEET TO THE POINT
OF BEGINNING.
SAID PARCEL CONTAINS 3,071 SQUARE FEET OR 0.070 ACRES MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the
Land Use Code be, and the same hereby is, changed and amended by showing that the above-
described property to be rezoned into the Industrial Zone District is not included in the
Residential Neighborhood Sign District and the property to be rezoned into the Medium Density
Mixed-Use Neighborhood Zone District is included in the Residential Neighborhood Sign
District.
Section 3. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 6th day of
January, A.D. 2015, and to be presented for final passage on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 20th day of January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment11.2: Ordinance No. 007, 2015 (2805 : SR 007 Capstone Cottages Rezoning)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Ryan Mounce, Associate Planner
Ted Shepard, Chief Planner
SUBJECT
Resolution 2015-011 Naming an Arterial Street in the Northeast Fort Collins Area and Revising the List of
Names for Arterial and Collector Streets.
EXECUTIVE SUMMARY
The purpose of this item is to select a name for a new arterial street in northeast Fort Collins and to update the
existing List of Names for Arterial and Collector Streets by removing one recently selected name (Cherryhurst)
and adding two additional names (Joe Armijo and Stephen J. Roy).
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City’s Master Street Plan identifies a new east-west arterial street in northeast Fort Collins. The new street
will be located approximately one quarter mile north of East Vine Drive, stretching from North College Avenue
to just east of North Timberline Road. Two separate sections of the street are planned for construction in the
near term in connection with the Aspen Heights and Waterfield Third Filing developments. The remaining
portions of the roadway will be constructed as development occurs along its planned alignment.
Per City Code Section 24-91, the names of arterial and collector streets shall be selected by City Council by
resolution from the List of Names for Arterial and Collector Streets (Attachment 1). The list of street names
may also be amended by Council to add additional names for consideration. Per City Code:
The list of street names shall be composed of names of natural areas, natural features,
historic and/or well-known places, citizens of the City or Growth Management Area whom the
City Council would like to honor posthumously, and such other names of places, things or
deceased persons as the City Council may approve. With respect to citizens of the City whom
the City Council desires to honor posthumously, such citizens must have devoted much time
and effort to the City either as a former City officer or employee, a former Colorado State
University officer or employee, a person important in the founding of the City or a former
citizen of exemplary character deserving of special recognition.
Public Outreach and Feedback
During the spring and summer of 2014, staff solicited feedback and suggestions from the public for the name
of the new arterial street. Participants were asked to vote on their top choices from the existing List of Names
for Arterial and Collector Streets and to submit and vote for new ideas for possible inclusion onto the list and
consideration by Council (Attachment 2).
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Agenda Item 12
Item # 12 Page 2
A majority of the feedback and suggestions received came from individuals living and working near the
planned alignment of the new arterial street in the Alta Vista, Andersonville, and Buckingham Neighborhoods.
Several distinct themes emerged as a result of the outreach efforts and voting results:
Theme 1: Posthumously honoring exemplary individuals of Hispanic-descent with ties to the Alta Vista,
Andersonville, and Buckingham neighborhoods. Top choices from this theme include:
Lee Suniga, an accomplished athlete who used baseball to help break down racial barriers and lived in
the Alta Vista and Holy Family neighborhoods. This entry already exists on the List of Names for
Arterial and Collector Streets.
Herman Martinez*, a prominent volunteer with the Fort Collins recreation department who coached
numerous youth sports teams. * A Martinez Street already exists in the Alta Vista neighborhood.
Joe Armijo, who served in the armed forces during World War II, worked at CSU for over 30 years, and
has been recognized by the Northside Aztlan Center and Volunteers of America for his volunteer work.
This entry is proposed to be added to the List of Names for Arterial and Collector Streets.
Theme 2: Recognizing prominent individuals or groups/families during the area’s early settlement. Top choices
from this theme include:
Chief Friday, a leader of the Northern Arapaho Indians during settlement. Well-educated and bilingual,
he contributed to peaceful relations in the Poudre River Valley and often helped act as negotiator and
interpreter between the Northern Arapaho and white settlers. This entry already exists on the List of
Names for Arterial and Collector Streets.
(Germans from Russia), a general category recognizing several popular entries referencing individuals
and families of German from Russia (Volga-German) descent who immigrated to the area to work the
sugar beet harvest and settled the Andersonville and Buckingham neighborhoods. Entries from this
topic area included honoring the Blehm family, Verne Blehm, a former City employee, and William
Steely.
Theme 3: Acknowledge the area’s history and connection to sugar beet farming, harvesting, and production.
Top choices from this theme include:
White Gold, the name given to sugar beets in recognition of their early economic importance to the
region. This entry already exists on the List of Names for Arterial and Collector Streets.
Sugar Plant, a common name for sugar beet plants, whose roots contain high concentrations of
sugars.
Beet, in recognition of sugar beets.
Staff Recommendation
Staff recommends naming the new arterial street Suniga Road, in honor of Lee Suniga. Lee Suniga was the
top-voted entry by the public in a community survey from among the existing List of Names for Arterial and
Collector Streets.
Lee Suniga was a former resident of the Alta Vista neighborhood, located just south of the planned alignment
for the new arterial street. During the 1950s and 1960s, Suniga was a fixture of the Fort Collins Legionnaires
baseball team, first as a player and later as coach and manager. During this period, the predominately
Hispanic Fort Collins Legionnaires were a large part of the social life of the Hispanic community and a popular
form of entertainment for the wider region. Suniga is credited with finding ways to break down racial barriers
and stereotypes while a member of the Legionnaires.
Packet Pg. 166
Agenda Item 12
Item # 12 Page 3
Following his baseball career, Suniga also worked to preserve local Hispanic history with the Fort Collins
History Connection and was honored for his contributions in helping establish the Colorado Hispanic Baseball
Hall of Fame. Additional biographical information on Lee Suniga may be found in Attachment 3.
Street Naming Rules and Guidelines
The municipalities of Larimer County, through the Larimer Emergency Telephone Authority (LETA), have
developed street-naming guidelines and approved street name suffixes (Attachment 4). These guidelines
typically call for extending existing street names across intersections. The new arterial street is planned to
eventually align and connect with Pinon Street at the intersection with North College Avenue, however, several
of the street naming guidelines are in conflict with one another as to extending the Pinon Street name. These
considerations include:
Pinon Street and similar-sounding names (e.g., Pinion and Pinyon) already exist in six separate
locations throughout Larimer County. The guidelines allow for the extension of existing duplicate
street names, but duplicate street names are discouraged as they may be confusing for
emergency dispatchers.
The construction of the new arterial street is to occur in segments only as development occurs
along its path, with no direct extension across North College Avenue planned at this time. As
individual segments are built, isolated segments of the road would carry the Pinon Street name,
which could exacerbate the issues with duplicate names in Larimer County.
A certain amount of confusion already exists in the community regarding the name of Pinon Street.
Online mapping services such as Google Maps misidentify the spelling of the street as “Pinion.”
During public outreach, several individuals suggested extending the Pinon Street name, but did so
using the “Pinion” spelling.
The overall stated goal of the street naming guidelines is to provide clarity in street names for
citizens and emergency dispatchers/responders.
As several of the street naming rules and guidelines are in conflict with one another, and as the overall stated
objectives of the rules are to provide clarity for citizens and emergency dispatchers, staff recommends
selecting an entirely new name for the arterial street and renaming the existing Pinon Street to match.
If this action is adopted by Council, staff will contact and work with the property owners of the two parcels
containing Pinon Street addresses to implement a change in address. Consistent with past practice, all
emergency providers, utilities, and City and Larimer County mapping departments will be properly notified. The
post office is able to deliver mail to a location with two concurrent addresses for up to six months while a
change in street name and address takes place.
Updating the List of Names for Arterial and Collector Streets
This Resolution also revises the List of Names for Arterial and Collector Streets. Since Council’s last
amendment, one name on the list has been selected as a street in Waterfield Third Filing and will be removed
from the list. Staff also recommends adding two additional names to the list. Biographical information on each
of the proposed additions in included in Attachment 5.
Name to be removed:
Cherryhurst (Selected as a north-south street in Waterfield Third Filing)
Names to be added:
Joe Armijo (Identified as an exemplary citizen by the public during outreach efforts)
Stephen J. Roy (City Attorney, 1988-2014)
Packet Pg. 167
Agenda Item 12
Item # 12 Page 4
FINANCIAL / ECONOMIC IMPACTS
There is no direct financial cost to selecting a new arterial street name or updating the List of Names for
Arterial and Collector Streets. If Pinon Street is renamed, two new street signs will be required, costing
approximately $200.
ENVIRONMENTAL IMPACTS
There is no direct environmental impact to selecting a name for the new arterial street or updating the List of
Names for Arterial and Collector Streets.
PUBLIC OUTREACH
Planning staff held an open house event for the naming of the arterial street at the Fort Collins Streets Facility
on April 1, 2014, inviting residents and neighbors through a post-card mailing, social media outreach, City
webpage, and press release carried in the Fort Collins Coloradoan.
At the open-house event and throughout late spring, staff asked participants to submit new street name ideas
for possible inclusion onto the List of Names for Arterial and Collector Streets for consideration by Council. In
the late spring and early summer, an online survey was held, allowing participants to vote for their top choices
from the existing List of Names for Arterial and Collector Streets and from a list of citizen-submitted street
name ideas.
ATTACHMENTS
1. List of Names for Arterial and Collector Streets (PDF)
2. Community Voting Results (PDF)
3. Lee Suniga Article (PDF)
4. LETA Street Naming Guidelines (PDF)
5. New Street Names Biographic Information (PDF)
6. Powerpoint presentation (PDF)
Packet Pg. 168
List of Names for Arterial & Collector Streets
A&M In recognition of the past name of Colorado State University.
Aggie This is a common name given to A&M university students.
Today the Aggie tradition at CSU carries on as the nostalgic
nickname.
Maurice Albertson CSU Professor, Director of Colorado State University Research
Foundation, Consultant to UNESCO, and one of the architects of
the Peace Corps.
Teller Ammons Teller Ammons was one of the youngest men ever to become
governor of Colorado in 1936.
Joe Armijo Joe Armijo served as part of the US Army 23rd Infantry Division,
and helped storm the beaches of Normandy during World War
II. He was a recognized leader in the Latino community and
worked at Colorado State University for over 30 years. Joe
referred to everyone as “my friend” and has been honored by
many organizations for his volunteering efforts.
D.C. Armitage City Commission of Works, 10-2-13 to 4-10-16 and 4-12-32 to 4-
12-38; also was an alderman 4-21-13 to 10-2-13.
John Ayres Having arrived in the 1880’s, the Ayres family is considered to
be genuine pioneers. Descendants have contributed to the
community over the generations and are in-laws to the
Collamers.
Ann Azari Councilmember 1989-1993; Mayor 1993-1999. She and her
husband and five children moved to Fort Collins in 1963. Ann
served on the boards of the Colorado Municipal League, the
Downtown Development Authority, the Fort Collins Area
Chamber of Commerce, the League of Women Voters of
Larimer County and the Girl Scouts Council.
Ray Barger Larimer County Sheriff for many years.
Bath Immigrant family name and prosperous local merchants.
Blehm In recognition of a large family of Volga-Germans that
immigrated to the area primarily to work the sugar beet
harvest.
ATTACHMENT 1
Packet Pg. 169
Attachment12.1: List of Names for Arterial and Collector Streets (2700 : Street Names)
Ainsworth E. Blount First professor of Practical Agriculture at Colorado Agricultural
College beginning in 1879; famous for his agricultural research
and experiments, focusing on small grains and improving
agricultural practices statewide.
Jay Bouton City Attorney, alderman eight years; president Board of
Education 18 years; 1870’s, 1880’s.
Rattlesnake Jack Brinkhoff Buried in the Manhattan Cemetery near Livermore, ‘Rattlesnake
Jack’ was buried there in March 1970 with special permission
from Ron Anderson, then of the Forest Service. Anderson
reportedly said, “Jack always lived on hard rock – he ought to be
put to rest on hard rock.”
Louis Brown Jr. Highly-decorated veteran of U.S. Air Force, Larimer County
Administrator, Member of the Poudre School District Board of
Education, and member of numerous service organizations
including the United Way, Salvation Army and the Red Cross.
Karl Carson Fort Collins Mayor from 1968 to 1973; helped found the
Community Foundation of Northern Colorado, President of the
Fort Collins Symphony, President of the Colorado Municipal
League and the Colorado League of Cities and led efforts to
build the Lincoln Center, the bike trail system and fluoridated
water.
Stewart “Stew” Case Born in Fort Collins May 15, 1916. He was influential in starting
the Fort Collins Recreational Department.
Stan Case Stan and his wife Lola purchased the historic Arrowhead Lodge
in the Poudre Canyon in 1946.
Chief Friday Chief Friday was leader of the Arapaho in the Cache La Poudre
area during settlement.
Samuel H. Clammer Mayor, 10-27-13 to 4-9-18.
Tom Coffey City Manager, 10-1-65 to 6-12-72.
Judge Claude Coffin Discovered of Folsom site in northern Larimer County, City
Attorney 8-30-24 to 1-12-25
Major Roy Coffin Discoverer of Folsom site in northern Larimer County.
Arthur Collamer Born into a large pioneer family in 1893 and worked a variety of
jobs including stage coach driver, he and his family continuously
Packet Pg. 170
Attachment12.1: List of Names for Arterial and Collector Streets (2700 : Street Names)
operated the wood lot just around the bend of the “Y” at
Highway 287 and Highway One for 115 years.
Ralph Coyte Colorado Judge and namesake of the Ralph Coyte Memorial Law
Library (Larimer County Bar Association).
Dickerson Alice and Helen Dickerson moved to their grandparent’s 82-acre
homestead in the Buckhorn Canyon as very young children. As
adults, the sisters made or grew nearly everything they needed.
For over 80 years, from the 1910’s until their deaths in the
1990’s, the Dickerson sisters truly represented our vanishing
pioneer heritage.
Dreher Three brothers who grew cucumbers and established a pickle
factory on Riverside Drive, and founded Jax Surplus.
Lawrence Durrell* CSU senior faculty member, scientist, very instrumental in
starting the Colorado Agricultural Research Foundation which
greatly added to the growth of the university, 1940’s.
J.W.N (Bill) Fead Bill served on City Council from 1971-1975 and as Mayor from
1974-1975. He was a valued Civil Engineering professor at CSU
from 1957 until his retirement in 1995 during which time he
played a key role in moving the Department of Civil Engineering
into the national spotlight.
First Elk Woman First Elk Woman was the Sioux Indian wife of Antoine Janis, the
first permanent settler in Larimer County. She was of the Red
Cloud family.
JD Forney Prominent Fort Collins industrialist.
Leonard & Katherine Franz Leonard & Katherine Franz farmed in Fossil Creek area
commencing in 1882, later bought land on the corner of
Harmony Road and Timberline Road; sold Harmony/Timberline
property in 1917 for construction of the Harmony Store.
J. Ray French Fort Collins High School football coach, team won state
championships in early 1940’s.
Frank Ghent Charter member of City Water Board, 1963 to 1967, Chamber of
Commerce “Man of the Year” for 1982.
George Glover* First Dean of Veterinary Medicine at CSU, turn of the century to
1934.
Jack A. Harvey Mayor, 4-14-59 to 4-11-61.
Clara Hatton* CSU Senior faculty member, early 1900’s.
Packet Pg. 171
Attachment12.1: List of Names for Arterial and Collector Streets (2700 : Street Names)
Earl Hodges Fire Department, 1930’s to 1950’s.
Benjamin Hottel Two terms as alderman, instrumental in bringing to Fort Collins
its first large industry, the Great Western Sugar Beet Factory,
1890’s.
Amos Jiron In recognition of an Hispanic family that moved here from the
San Luis Valley to work in the sugar beet harvest.
Orville P. Kelly Chief of the Fort Collins Police Department for 19 years, 1936-
1955.
J.A.C. Kissock Checked and audited city books, two terms City Council, father
of Fort Collins sewer system, on City Council 4-11-67 to 5-13-70.
Fred & Viola Kluver President of the Poudre Valley Bank and prominent family
known for their philanthropy.
Charles Lauterbach Established a cigar factory and retail store on the Vanderwark
Block on Jefferson Street and later at 210 Linden Street.
Carl & Augusta Levine In recognition of the Levine’s years of dedication to the arts and
to the community.
Liston Leyendecker Wrote biography of George Pullman (Pullman Car); resident of
Fort Collins.
Emma Mallaby North-side grocery store owner on Meldrum Street.
Matsuda In recognition of a prominent farm family and the contributions
of Japanese Americans in local agriculture.
John & Phyllis Mattingly Long-term Fort Collins residents who, combined, made
significant contributions to the local business and social scene.
John was co-founder of Aqua-Tech, later known as Water Pik.
Hattie McDaniel Hattie McDaniel was an accomplished actress most widely
known for her role as “Mammy” in Gone With the Wind. Hattie
lived in Fort Collins for a time as a child.
Glenn Morris Athletic star at Colorado Agricultural College and 1936 Olympic
gold medalist at the Berlin games.
Lyman Nichols An expert in micro writing, Nichols perfected optical
instruments that were used in bomb sights by U.S. aircraft in
WWII. These sights were credited with improving accuracy and
helping to shorten the war. Nichols and his wife made their
Packet Pg. 172
Attachment12.1: List of Names for Arterial and Collector Streets (2700 : Street Names)
home on Lindenmeier Road on a hill overlooking Long Pond
after his retirement in 1951.
Norlin In recognition of an early farming family that had a large farm in
south Fort Collins.
Guy Palmes City Manager, 2-24-39 to 9-15-61.
Ralph Parshall Inventor of the “Parshall Flume,” a model of which is on display
on the CSU campus.
Grace Espy Patton-Cowles First woman registered voter to Fort Collins – 1894; State
Superintendent of Public Instruction.
Bill Robb Architect and first community planner; established an
architectural firm in 1953 known today as RB&B; served on
several boards and commissions, including the city’s first
Planning and Zoning Board; designed Saint Luke’s Episcopal and
First United Methodist churches and the Old City Hall.
Stephen Roy Attorney by profession, cowboy at heart. Assistant City
Attorney from 1985 to 1988 and appointed City Attorney 1988 –
2014 for a total of 29 years of public service. Steve Roy
received the Larimer County Bar Association's Professionalism
Award in 2012 and participated in Leadership Fort Collins. Steve
was the past president of the Larimer County Bar Association,
past president of the Attorneys Section, Colorado Municipal
League, past president of the Metro City Attorney Association,
and a standing member of the Colorado Municipal League,
Amicus Committee.
Franklin Pierce Rudolph Arrived in Fort Collins in 1906, farmed and built a large home
and three silos, road became known as Three Silos Road, now
Summit View Drive; descendants still live in the area.
Bob Sears Prominent local businessman who founded a successful lumber
company.
Harry Smiley Manager and volunteer at museum, 6-1-63 to 6-1-70.
Pappy Spencer Prospector and burro wrangler (skinner) who kept his burros at
Overland Trail and Elizabeth.
Elfreda Stebbins First librarian at the historic Carnegie Library on Mathews
Street. Librarian for 28 years 1904 to 1932.
Packet Pg. 173
Attachment12.1: List of Names for Arterial and Collector Streets (2700 : Street Names)
Lee Suniga Prominent local citizen who rose from being a migrant worker;
accomplished athlete who used baseball to help break down
racial barriers.
Ellen Thexton In charge of cultural and performing arts, 7-1-76 to 9-6-83.
John & Tom Toliver Prominent local family who founded a successful hardware
business and built a large home recognized for its art deco style.
Toliver’s Hardware at 117 North Mason is now a city office
building.
T.P. Treadwell Fire Chief, upgraded department 2-1-30 to 8-15-52.
Carl Trostel Prominent business man who owned a lumber mill and store.
Corky Walt Decorated WWII Army general.
C.C. (Clancy) Wanneka Descendant of Colorado homesteaders and graduate of
Colorado A&M. C.C. served on the State Board of Agriculture,
including four years as president, during years of significant
growth for CSU.
David Watrous Manager and volunteer at museum, editor of Fort Collins
newspaper.
Byron White Fort Collins native, attended Wellington schools, All-American
football player at C.U., awarded two Bronze Stars in World War
II, Rhodes Scholar, appointed to the U.S. Supreme Court by
President Kennedy in 1962, served as a Supreme Court Justice
for 30 years.
White Gold The name given to sugar beets in recognition of the economic
importance of this commodity.
Earl Wilkinson Served on City Council from 1974 to 1981, Mayor from 1976 to
1977, Community Builder of the Year, 1990. Long serving
member of numerous organizations including the Jaycees,
Chamber of Commerce (president), Platte River Power
Authority, Downtown Development Authority, Longs Peak
Council of the Boy Scouts, Colorado Municipal League and
charter member of the Transportation Advisory Board.
* Names given by CSU
Packet Pg. 174
Attachment12.1: List of Names for Arterial and Collector Streets (2700 : Street Names)
Street Naming - Community Voting Results
The following table ranks in weighted order voting results from the New Arterial Street Name Open
House & Community Survey held in Spring/Summer 2014.
Existing List of Arterial and Collector Street Names:
Street Name 1
st
Choice Votes
(weighted value: 3)
2
nd
Choice Votes
(weighted value: 2)
3
rd
Choice Votes
(weighted value: 1)
Weighted Total:
Lee Suniga 11 3 3 42
Chief Friday 9 7 1 42
White Gold 4 3 9 27
Rattlesnake Jack
Brinkhoff
3 8 0 25
Amos Jiron 2 5 0 16
Aggie 4 0 2 14
Byron White 1 4 1 12
Dickerson 2 1 2 10
Blehm 2 1 1 9
Liston Leyendecker 2 1 0 8
Matsuda 1 2 0 7
Trostel 1 1 1 6
Benjamin Hottel 1 1 0 5
Pappy Spencer 0 2 1 5
Elfreda Stebbins 1 1 0 5
Ann Azari 0 2 0 4
Bath 1 0 1 4
Maurice Albertson 1 0 0 3
Dreher 0 1 1 3
First Elk Woman 0 0 3 3
Lyman Nichols 0 1 1 3
Norlin 1 0 0 3
Grace Espy Patton-
Cowles
0 0 3 3
Teller Ammons 0 1 0 2
Major Roy Coffin 0 1 0 2
Hattie McDaniel 0 1 0 2
John & Tom Toliver 0 1 0 2
David Watrous 0 0 2 2
A&M 0 0 2 2
Stan Case 0 0 1 1
Emma Mallaby 0 0 1 1
John & Phyllis
Mattingly
0 0 1 1
Corky Walt 0 0 1 1
ATTACHMENT 2
Packet Pg. 175
Attachment12.2: Community Voting Results (2700 : Street Names)
Community-Generated Street Name Ideas:
Street Name 1
st
Choice Votes
(weighted value: 3)
2
nd
Choice Votes
(weighted value: 2)
3
rd
Choice Votes
(weighted value: 1)
Weighted Total:
Herman Martinez* 10 9 2 50
Tres Colonias 4 8 12 40
Joe Armijo 8 5 3 37
Novo 8 2 1 29
Sugar Plant 6 3 3 27
William Steely* 9 0 0 27
Prairie Dog 4 3 1 19
Beet 1 3 6 15
Pinion* 3 1 1 12
Magic Cyclops 2 2 1 11
Paint Horse 2 2 0 10
Winding 3 0 1 10
Crosswind 2 1 0 8
Verne Blehm 1 2 1 8
Smokejumper 1 1 2 7
Photovoltaic 1 1 1 6
Solix 1 1 0 5
Transition 0 2 1 5
Buderus 1 0 1 4
Waterwise 0 1 2 4
Weidenbrug 1 0 1 4
June Rise 0 1 0 2
Nocovine 0 1 0 2
Tomato 0 1 0 2
Biofuel 0 0 1 1
Boettcher 0 0 1 1
* Indicates names with existing duplicate street names or small phonetic differences with existing street
names already in use.
Packet Pg. 176
Attachment12.2: Community Voting Results (2700 : Street Names)
ATTACHMENT 3
Packet Pg. 177
Attachment12.3: Lee Suniga Article (2700 : Street Names)
Standardization Of Road Naming Criteria
1. Use only accepted suffixes.
2. Homonyms for road names are not acceptable.
3. Road names should be unique and not repeated in the County from this point forward, with
the exception of continuation of existing streets. A different suffix (e.g. DR, ST)
does NOT make a name unique.
4. Each Municipality and the County may develop a list of acceptable or recommended names
for use in its jurisdiction. If there are duplications on such lists, and another Municipality or
the County utilized the name, the name will be removed from the acceptable or
recommended lists in the other jurisdictions.
5. Within the Growth Management Area around each Municipality, roads will be named using
city/town names, not County road numbers. Outside of the GMA Boundary, County road
numbers will be used. Street names, rather than County road numbers, will be used for
internal roads in County subdivisions and 35 acre developments.
6. In the unincorporated area any road that serves as an access to multiple properties must be
named. Multiple properties accessing of a single point from a County road may not use the
single access point as a common address.
7. Continuous roads should have continuous names (with the exception of circle roads). Names
should not change except at the Growth Management Area boundary, however, names are
not required to change at the Growth Management Area boundary.
8. Recommend that road names must be simple to pronounce, in the opinion of the review
jurisdiction.
9. Cardinal directions cannot be used in the name. Directions are used only to designate the
portion of an existing road. (not acceptable - North Road, East Fort Road, Northstar Drive.)
10. No curse words or derogatory terms shall be used for road names.
11. These are meant to be minimum standards for each Municipality and the County. The main
objective is to provide clear street names for citizens and for emergency dispatch and to
minimize the possibility of emergency personnel being unable to find a location. Nothing in
this Agreement is intended to limit any Municipality or the County from developing more
extensive street naming guidelines.
12. Numerical addressing will not change from the current process.
13. All names shall be of the commonly acceptable spelling, according to a standard dictionary.
14. Street names cannot contain any punctuation or special characters. Only alphabetical
symbols A through Z, and numbers 0 through 9 and blank spaces may be used in street
names.
15. Anytime that a street makes a directional change of approximately ninety degrees, the
street name shall change. A directional change of approximately ninety degrees shall mean
a horizontal curve where a reduction in the design speed is required (i.e. a sharp turn vs. a
sweeping curve).
16. Existing street names shall continue across intersections and roundabouts.
ATTACHMENT 4
Packet Pg. 178
Attachment12.4: LETA Street Naming Guidelines (2700 : Street Names)
Approved Street Suffixes
The following table of suffixes are the only ones that can be used for new street names.
Suffix Abbreviation Description
Avenue AVE A roadway or thoroughfare that is continuous and not limited to
a single subdivision.
Boulevard BLVD Street with a landscaped median dividing the roadway.
Circle CIR Discouraged but allowed, at the discretion of the local
jurisdiction.
Court CT Permanently dead-end street or terminating in a cul-de-sac, not
longer than 660 feet in length.
Drive DR A curvilinear street.
Lane LN Minor street within a subdivision.
Parkway PKWY A thoroughfare designated as a collector or arterial, with a
median reflecting the parkway character implied in the name.
Place PL Permanently dead-end street, terminating in a cul-de-sac, or
short through street, not longer than 660 feet in length.
Road RD A designated thoroughfare.
Street ST The common or default suffix.
Way WAY A curvilinear street.
Packet Pg. 179
Attachment12.4: LETA Street Naming Guidelines (2700 : Street Names)
Joe Armijo
Joe Armijo was a former soldier in the United States Army during WWII. He stormed the beaches at
Normandy. He was a leader in the Latino community and he worked at Colorado State University for
over 30 years. After retirement Joe Armijo was a 9Cares award recipient from 9News and earned a state
award for over 5,000 hours of Volunteer Service in a 4 year period. He voluntered more than 10,000
hours. He referred to everyone as "my friend" -- a kind gentle leader of the North Fort Collins Latino
Community.
Obituary for Joe I. Armijo
Joe I. Armijo, 90, of Fort Collins, passed away on December 3, 2010 at Poudre Valley Hospital. Mr. Armijo
was born April 28, 1920 in Poniel, New Mexico to Rafel Abeyta and Maria Armijo. He married his
beloved wife, Bennie Sanchez on October 15, 1947. He and his wife have been married for 63 wonderful
years. He is survived by his beloved wife, Bennie; one daughter, who was his pride and joy, Linda Robert
Sutton; grandchildren, Jason Mandy Sutton, Patricia Chris Schneider; two great-grandchildren, Avrey
Grace Sutton, Kara Lee Schneider, one aunt, Juanita Casias from Cimarron, New Mexico; and many
nieces and nephews. He was preceded in death by his parents and grandparents; sisters, Rosie Gonzales,
Benneranda Martinez; three brothers, Raymond, Onofre, and Frank Montoya. Joe was a retired
custodian from Colorado State University. He received numerous awards including the North Side Aztlan
Community Center Award, where he volunteered for over 20 years, the Resolution Special Tribute
Award honoring the recipients of the 7th Dia De Los Ancianos, five different awards for Volunteers of
America, and he successfully completed the Sanitation In-service for Larimer County Senior Nutrition
Program. He also spent many years helping at the Holy Family Church. He loved to play tennis, fish,
hunt, gamble and play his harmonica. He enjoyed evening poker games with his wife, Bennie. He loved
playing with his great-grandchildren and enjoyed traveling to El Santuario in New Mexico. He also
enjoyed family vacations to Las Vegas. He served in the US Army and was stationed in Germany during
WWII from 1941-1947 in the 23rd Infantry Division. A Rosary will be held at Bohlender Funeral Chapel
on Sunday at 7:00 p.m. A Mass of Christian Burial will be held Monday at 10:00 a.m. at Holy Family
Church. Interment with Military Honors with Fort Collins All Veterans Honor Guard will follow at
Resthaven Memory Gardens Cemetery. Memorial contributions can be made to the Joe Armijo
Memorial Fund in care of Bohlender Funeral Chapel, 121 W. Olive St., Ft. Collins, CO 80524.
Sources:
Citizen-submission.
Obituary for Joe I. Armijo. Bohlender Funeral Chapel. December, 2010.
ATTACHMENT 5
Packet Pg. 180
Attachment12.5: New Street Names Biographic Information (2700 : Street Names)
Packet Pg. 181
Attachment12.5: New Street Names Biographic Information (2700 : Street Names)
1
Selecting a New Arterial
Street Name
Ryan Mounce, City Planner
Ted Shepard, Chief City Planner
ATTACHMENT 6
Packet Pg. 182
Attachment12.6: Powerpoint presentation (2700 : Street Names)
2
Packet Pg. 183
Attachment12.6: Powerpoint presentation (2700 : Street Names)
3
New Arterial Street
§ Identified on the Master Street Plan
§ 4-lane arterial with medians, bike lanes,
detached sidewalks & tree lawn
§ Constructed as development occurs along its path
§ Aligns with Pinon Street (existing local street)
Packet Pg. 184
Attachment12.6: Powerpoint presentation (2700 : Street Names)
4
Pinon Street
§ Pinon Street name in
use six times throughout
Larimer County.
§ LETA guidelines call for
clear & non-confusing
names for emergency
dispatch.
§ Staff recommends
selecting a new arterial
street name & renaming
Pinon Street to match.
Packet Pg. 185
Attachment12.6: Powerpoint presentation (2700 : Street Names)
5
Public Outreach
§ Three themes emerged:
1) Honor individuals of Hispanic descent with
ties to the Alta Vista, Andersonville &
Buckingham Neighborhoods.
2) Recognize prominent individuals or
groups/families during settlement.
3) Acknowledge the area’s connection to sugar
beet farming, harvesting, and production.
Packet Pg. 186
Attachment12.6: Powerpoint presentation (2700 : Street Names)
6
New Street Names – Top Choices
§ Theme 1:
§ Lee Suniga, Herman Martinez*, Joe Armijo,
§ Theme 2:
§ Chief Friday, Germans-from-Russia (Blehm
family, Verne Blehm, William Steely*)
§ Theme 3:
§ White Gold, Sugar Plant, Beet
* Duplicate or similar-sounding street names
Packet Pg. 187
Attachment12.6: Powerpoint presentation (2700 : Street Names)
7
Recommendation
§ Staff recommends Suniga Road, in honor of Lee
Suniga.
§ Former Alta Vista neighborhood resident.
§ Helped improve race relations as a player, coach &
manager of the Fort Collins Legionnaires baseball
team in the 1950s & 1960s.
§ Honored for helping preserve the history of
Hispanic baseball athletes by working to establish
the Colorado Hispanic Baseball Hall of Fame.
§ Worked with the Fort Collins Museum & Local
History Archive to preserve local Hispanic history.
Packet Pg. 188
Attachment12.6: Powerpoint presentation (2700 : Street Names)
8
Update List of Arterial & Collector
Street Names
§ Remove Name:
§ Cherryhurst (recently selected as a street name in
Waterfield Third Filing)
§ Add Names:
§ Joe Armijo (Public outreach efforts)
§ Stephen J. Roy (City Attorney, 1988-2014)
Packet Pg. 189
Attachment12.6: Powerpoint presentation (2700 : Street Names)
- 1 -
RESOLUTION 2015-011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
NAMING AN ARTERIAL STREET IN THE NORTHEAST FORT COLLINS AREA
AND REVISING THE LIST OF NAMES FOR ARTERIAL AND
COLLECTOR STREETS
WHEREAS, Section 24-91 of the City Code provides for the City Council to name
arterial and collector streets from a list of names selected by the City Council by resolution,
which list of names shall be composed of names of natural areas, natural features, historic and/or
well-known places, citizens of the City or growth management area whom the City Council
would like to honor posthumously, and such other names of places, things or deceased persons as
the City Council may approve; and
WHEREAS, the City Council has determined that the name “Cherryhurst” should be
removed from the City’s list of names for arterial and collector streets because it has already
been used in the naming of such a street; and
WHEREAS, the City Council has further determined that the names “Stephen J. Roy”
and “Joe Armijo” qualify for inclusion on the list of street names in accordance with Section 24-
91 and should be included; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
a new arterial street in the northeast area of the City should be named from the City’s list of
street names.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the list of names for arterial and collector streets be revised by the
removal therefrom of the name “Cherryhurst” and by the addition thereto of the names “Stephen
J. Roy” and “Joe Armijo”.
Section 2. That the new arterial street running east-west from North College Avenue
to east of North Timberline Road should be named “Suniga Road” which street is more
particularly shown on the map attached hereto as Exhibit “A” and incorporated herein by
reference.
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- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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EXHIBIT A
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Attachment1: Exhibit A (2723 : Street Names RESO)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Darin Atteberry, City Manager
SUBJECT
Resolution 2015-012 Submitting to the Registered Electors of the City an Ordinance Extending the Expiring
Twenty-Five Hundredths Percent (0.25%) "Building on Basics" Capital Projects Sales and Use Tax for a Period
of Ten Years for the Purpose of Obtaining Revenue for Certain "Community Capital Improvement Program"
Capital Projects and Related Operation and Maintenance.
EXECUTIVE SUMMARY
The purpose of the item is to set the ballot language and refer the Community Capital Improvement Program
tax extension to the April 7, 2015 election. The renewal of the ¼-cent sales and use tax will result in $7.4
million in revenue available per year for designated capital improvement projects. The program is currently set
to expire December 31, 2015. The term of the renewal is January 1, 2016-December 31, 2025.
The recommended project list is below:
Pedestrian Sidewalk/ADA Compliance - Safe Routes to Everywhere
Bicycle Infrastructure Improvements - Safe Routes to Everywhere
Bus Stop Improvements - Safe Routes to Everywhere
Downtown Poudre River Enhancements and Kayak Park
Bike/Ped Grade Separated Crossings Fund
Transfort Bus Fleet Replacement
Arterial Intersection Improvements Fund
Implementing Nature in the City
Gardens on Spring Creek Visitor's Center Expansion
Southeast Community Center with Outdoor Pool
Affordable Housing Fund
Lincoln Avenue Improvements Design & Construction (From 1st Street to Lemay Avenue)
City Park Train
Renovation of the Historic Carnegie Building
Linden Street Renovations Design & Construction
Club Tico Renovation
Willow Street Renovations Design & Construction
The Resolution includes $75 million in project costs, $2.6 million for five years of operation and maintenance
(O & M), and $5.3 million for inflation. Staff has recommend five years of O&M to give projects at least two
budget cycles to determine how to best fund the ongoing O&M costs while trying to maximize project dollars.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
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Agenda Item 13
Item # 13 Page 2
BACKGROUND / DISCUSSION
Fort Collins has been fortunate to have a long history of voter approved sales tax initiatives to fund major
capital projects. Starting in 1973 with a 7-year, one cent tax that helped pay for the Main Library, the Lincoln
Center, City Hall, and Mulberry Pool among other improvements, these voter approved sales tax capital
programs have continually supported efforts to build the city we know and love today.
The current initiative, Building on Basics (BOB), was approved in 2005. BOB is a quarter cent tax which
equates to 25-cents on a $100 purchase. Over the 10-year period (2005 to 2015), BOB has provided almost
$58 million dollars for investment in community projects. These dollars have supported the Lincoln Center
renovations, the Museum of Discovery, new bike facilities, improvements to North College and Timberline,
sidewalk upgrades, and the Senior Center expansion. The BOB initiative will expire December 31, 2015.
During the 2013-2014 strategic planning efforts, “Planning for the Next Community Capital Program (BOB II)”
was identified as a High Performing Government key initiative. Staff has worked diligently over the last year to
engage the community and work with Council to develop the project list included in the Resolution.
(Attachment 1:Drilling Platform; Attachment 2: Project Descriptions)
Council first reviewed the process and an initial project list in September 2013. Since that time there have
been six additional Council work sessions and many hours and efforts dedicated to public engagement to help
determine the community’s highest priorities. These efforts have narrowed the list from $400 million to the
approximately $75 million in projects that the tax could support. . Additionally, the Council Finance Committee
has reviewed the process and the projects on two occasions, most recently at the December 2014 meeting.
(Attachment 3: Work Session Summaries; Attachment 4: December Council Finance Minutes)
The proposed list represents a package of projects expected to appeal and provide benefit to a variety of
citizens while addressing basic needs and existing deficiencies. The package supports all City Outcome Areas,
and many projects impact multiple Outcomes, such as the Arterial Intersection Improvements Fund and
Bike/Pedestrian over/under passes which impact Safety, Transportation, Community and Neighborhood
Livability, Environmental and Economic Health.
Since Council last reviewed the project list, staff has reviewed revenues and adjusted the cost of the Lincoln
Avenue Improvements. As a result of these actions, staff is recommending moving the Willow Street
Renovations into the package. Willow Street remained high in consideration throughout the process and there
are existing deficiencies on multiple levels. Including this project will help leverage and coordinate work that
must be done by Utilities with ongoing redevelopment in the area.
In response to Council feedback, staff also added an additional year of O&M. The proposed package accounts
for five years of Operation and Maintenance and inflation on select projects. Should Council wish to adjust the
years of O & M support, the cost options are in the table below:
4 years
O&M
5 years
O&M
6 years
O&M
Total Revenue $83M $83M $83M
Less O&M $2.1M $2.6M $3.1M
Remainder $80.9M $80.4M $79.9M Note: Estimated 45% of projects require
inflation
Less Inflation $5.3M $5.3M $5.3M Note: 45% of annual revenue (no O&M)
inflated at 3%
Total For Projects $75.6M $75.1M $74.6M
Highlights of the Ordinance/Ballot Language
Staff has developed a Resolution to place an Ordinance before the voters which will extend through December
31, 2025, the Building on Basics sales and use tax set to expire on December 31, 2015. The Resolution refers
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Agenda Item 13
Item # 13 Page 3
the issue of renewal of the tax to the voters at the April 7, 2015 election. The Ordinance, which will be adopted
if the measure is approved by the voters, includes several provisions regarding implementation, including:
Term of 10 years (January 1, 2016 - December 31, 2025.)
Five years of Operation and Maintenance for select projects.
A provision that any excess revenues remaining after all projects are completed and operation and
maintenance costs provided will be directed to any capital project or additional operation and
maintenance of select projects, as directed by City Council.
A contingency on the Downtown Poudre River Kayak Park and the Visitor’s Center at the Gardens on
Spring Creek that construction will not begin until successful fundraising efforts have been achieved.
The Resolution also includes the detailed ballot language that will appear on the election ballot.
FINANCIAL / ECONOMIC IMPACTS
This is a proposed extension of an expiring tax, not a new tax, and as such there will not be an increase in
current tax rates. This is a sales and use tax collected on all taxable purchases, which does not include
purchases of prescription drugs, and excludes food for home consumption. The extension results in the
continued ¼-cent tax which is the equivalent of 25 cents on a $100 taxable purchase. Current revenue
projections over 10 years are approximately $83 million (Projections updated January 2, 2015.)
The average impact of the sales tax portion of the ¼-cent on a resident is approximately $3.22 per person/per
month or $38.60 annually. This does not account for non-resident contributions from purchases made within
the City.
The term of the tax extension is January 1, 2016 through December 31, 2025.
PUBLIC OUTREACH
The Community Capital Improvement Program involved extensive public outreach over the past year including:
Between September 2013 and January 2014, staff met with eight City boards, the Visit Fort Collins
Board, the Chamber Legislative Committee, and a CityWorks Alumni group to seek feedback on both
process and projects.
Major public outreach began in August 2014 and included an interactive website, a board and
commission “Super Meeting,” a CityWorks Alumni Forum, a public open house, a Community Issues
Forum, a “mini” drop-in at the Senior Center, and a booth at the Sustainable Living Fair.
In late October 2014, the on-line tool was converted to a calculator tool that allowed citizens to select
up to $75 million in projects. Staff also continued to meet with City boards and the Chamber
Legislative Committee.
In January 2015, additional outreach was done focusing on Lincoln Avenue improvements and placing
this project in the capital improvement package. Outreach included an open house and online
surveying. (Lincoln Outreach Summary will be provided in January 20, 2014 Read Before; Attachment
5: Capital Improvement Webpage Online Comments since December 2014)
The outreach, both on-line and at events, was instrumental in shaping and guiding the project narrowing.
Traditionally, the capital improvement packages have been a mix of transportation infrastructure, funds to
leverage additional dollars, signature projects, and amenities that impact large segments of our citizens. This
package reflects a similar mix.
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Agenda Item 13
Item # 13 Page 4
ATTACHMENTS
1. Proposed Project Drilling Platform (PDF)
2. Project Descriptions (PDF)
3. Work Session Summaries (PDF)
4. Council Finance Minutes, December 15, 2014 (PDF)
5. Online Web Citizen Feedback Dec 2014-Jan 14, 2015 (PDF)
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1
5
Row #
Page
# Project Capital
Annual
O&M
Years of
O&M Notes
1 CNL 2A 10 Pedestrian Sidewalk/ADA Compliance ‐ Safe Routes to Everywhere 14,000 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
2 CNL 2B 11 Bicycle Infrastructure Improvements ‐ Safe Routes to Everywhere 5,000 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
3 CNL 2C 12 Bus Stop Improvements ‐ Safe Routes to Everywhere 1,000 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
4 ENV 3A 5 Downtown Poudre River Enhancements and Kayak Park 4,000 50 250 Cost reduced from $5M to $4M following October 11 Council session.
5 T9 7 Bike/Ped Grade Separated Crossings Fund 6,000 20 100 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
6 T11 7 Transfort Bus Fleet Replacement 2,000 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
7 T12 8 Arterial Intersection Improvements Fund 6,000 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
8 CNL 6 12 Implementing Nature in the City 3,000 100 500 This is a fund and could be reduced ‐ would result in fewer projects/improvements.
9 CR 4 2 Gardens on Spring Creek Visitor's Center 2,000 40 200
10 CR 1 1 Southeast Community Center with Outdoor Pool 14,000 230 1,150
11 CNL 1 9 Affordable Housing Fund 4,000
12 T5B‐26 Lincoln Avenue Improvements (from 1st Street to Lemay) 5,300 36 180
13 CR 7A 3 City Park Train 350 Moved up per Council direction on December 6th.
15 CR 3 1 Renovation of the Historic Carnegie Building 1,700 25 125 Moved up per Council direction on December 6th.
16 ECH 6 4 Linden Street Renovations Design & Construction 3,000 12 60
17 CR 7B 3 Club Tico Renovation 250
18 ECH 7 4 Willow Street Improvements – College Avenue to Linden Street Design and Construction 3,500 11 53
19 Subtotal 75,100 524 2,618
20 ECH 11 Community Marketplace 3,500
21 T6 Jefferson Street Improvements ‐ College Avenue to Lincoln Avenue/Mountain Avenue 7,500 24 120
22 T28 Arterial Roadway Improvements Fund 8,000 3 15 New project added at the direction of Council.
23 Subtotal 94,100 551 2,753
24 CR 7C Fire Museum 400 25 125 Will be privately funded.
25 SC 2 Computer Aided Dispatch/Record Management System Upgrades 2,000 Removed December 6th ‐ to be funded in future budgets.
26 CR 2C Water Sustainability Improvements for Parks and Golf (Park Conversion to Raw Water Irrigation) 750 Removed December 6th ‐ to be funded in future budgets.
27 CR 2A Water Sustainability Improvements (Southridge Irrigation System) 2,200 Removed December 6th ‐ to be funded in future budgets.
28 CR 2B Water Sustainability Improvements (Fossil Creek Synthetic Turf) 1,250 Removed December 6th ‐ to be funded in future budgets.
29 ECH 1 Downtown Restroom 350 Moved into budget at October 11 session ‐ funded in 2015/2016.
30 CR 5A Recreational Trail Enhancements (Spring Creek Trail) 750 Removed from project list at October 11 session due to dedicated funding.
31 CR 5B Recreational Trail Enhancements (Pourdre River Trail) 1,500 14 70 Removed from project list at October 11 session due to dedicated funding.
32 CR 6 EPIC Pool Improvements 1,500 Moved into budget at October 11 session ‐ funded in 2015/2016.
33 CNL 7 Investments in Neighborhood Restoration 3,500 175 875
34 T5A Lincoln Avenue Improvements (Bridge) 5,000
35 ECH 10 College Median and Streetscape Enhancement & Renovations 1,500 90 448
36 CNL 4 Lincoln Neighborhood Trail 500 30 150
37 T10 Start up for Bike Share 505 150 750
38 T13 Bridge Maintenance and Replacement 10,000
39 ENV 1 Climate Action Projects 2,000
40 ENV 2 Community Organics Composting and Recycling Facility 2,500 80 400
41 ENV 3B Downtown Poudre River Enhancements (Martinez Legacy Project) 5,000 50 250
42 CR 5C Recreational Trail Enhancements (Fossil Creek Trail) 250 Removed from project list at October 11 session due to dedicated funding.
43 CR 5D Recreational Trail Enhancements (Power Trail) 900 Removed from project list at October 11 session due to dedicated funding.
44 SC 3 Land for Police Maintenance Facility 1,000 5 25
45 ENV 3C Downtown Poudre River Enhancements (Linden Lincoln Project) 3,200 25 125
ID
Potential Capital Improvement Tax Projects
ALL VALUES ARE IN THOUSANDS 1/15/2015 Version 27
ATTACHMENT 1
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Attachment13.1: Proposed Project Drilling Platform (2744 : Ballot - Community Capital Improvement Program)
2
46 T2 Realigned Vine Drive I ‐ College to Lemay 10,000 30 150
47 T7 College Midtown Transportation Plan Implementation Fund 8,000 33 165
48 CNL 2A Pedestrian/ADA Enhancement: Safe Routes to Everywhere 10,000 25 125 This enhancement was proposed to decrease compliance timeline.
49 CR 9A Prospect and Timberline ‐ Gateway Enhancements (Purchase) 250 3 15
50 CR 9B Prospect and Timberline ‐ Gateway Enhancements (Design) 750 3 15
51 SC 1 Regional Training Facility 10,500 320 1,600
52 SC 5 Campus West Policing Substation 460 486 2,430
53 ECH 4 Mason Street Enhancement 4,000 9 45
54 ECH 2 Quiet Zone Implementation I‐(Downtown /CSU ‐ 16 crossings + 2 ped crossings) 1,500 160 800
55 ECH 3 Quiet Zone Implementation II‐ (Drake to Trilby ‐ 5 crossings) 1,250 50 250
56 CNL 5 Sustainable Child Care Center 2,000 825 4,125
57 CR 5E Recreational Trail Enhancements (Canal Trail) 500 Removed from project list at October 11 session due to dedicated funding.
58 CR 5F Recreational Trail Enhancements (Overland Road Trail) 3,000 Removed from project list at October 11 session due to dedicated funding.
59 CR 5G Recreational Trail Enhancements (Misc. Restrooms, Rest stops, Drinking Fountains) 350 Removed from project list at October 11 session due to dedicated funding.
60 T14 Southwest Annexation Road Improvements Fund 5,000
61 ECH 9 Downtown Maintenance Shop 3,500
62 T4 West LaPorte Avenue Improvements ‐ Impala Drive to Taft Hill Road 2,500 8 38
63 CR 1C Southeast Community Center/ Leisure and Competitive Pool 4,500 1,000 5,000
64 CR 8 Velo and Fitness Park 2,100 180 900
65 HPG 1 Parking Garage & Retail Space 10,500 300 1,500
66 ECH 5 East Mulberry Corridor planning, prelim design, and ROW purchase 300
Row #
Page
# Project Capital
Annual
O&M Notes
67 T1 Vine & Lemay Grade Separated Crossing Design, ROW and Construct 25,000
68 T3 South Timberline Road Improvements 12,000
69 Subtotal 37,000
ID
Potential 5 Year $0.25 Tax
ALL VALUES ARE IN THOUSANDS 1/15/2015 Version 27
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Attachment13.1: Proposed Project Drilling Platform (2744 : Ballot - Community Capital Improvement Program)
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CR1
PROJECT TITLE: Southeast Community Center and Pool
ESTIMATED PROJECT COST: $14M
ESTIMATED ANNUAL O&M: $230K
Service Area: Community Services Department: Recreation and Cultural Services
Project Location: Fossil Creek Community Park
Project Description:
A unique Community Center focused on innovation, technology, art, recreation and the creative
process. The multifaceted complex will include a variety of well-equipped rooms for residents to
gather, explore and share ideas. The Center will be a place for the community to try-out new
technologies like 3-D printers, laser cutters, robotics and emerging software. It will be a true
makerspace with power tools, drill presses, saws, routers, even welding. The Center will include a
multi-functional performance space where community members can learn and express their
creativity through performances, concerts and lectures. The Center will also include a social area
where local foods and beverages could be on the menu. The Center will focus on wellness with
fitness rooms for classes from Aikido to Zumba and by connecting to the beautiful surrounding park
environment. The Center will also have a large outdoor leisure pool with water slides, sprays and
jets, decks, a lazy river and open swimming area.
Why is this Project Needed?
Southeast Fort Collins is rapidly growing but it does not have a community center. To improve their
quality of life and to create a sense of place, citizens in the southeast need an interesting,
creative, convenient place to gather, socialize, create and collaborate. This center, in
combination with the surrounding park, will define this rapidly growing area as the epicenter for
community-based ideas and innovation. Including an outdoor leisure pool takes the project to a
new level by providing exciting, fun and healthy aquatic recreation for the whole family.
CR3
PROJECT TITLE: Renovation of the Historic Carnegie Building
ESTIMATED PROJECT COST: $1.7M
ESTIMATED ANNUAL O&M: $25K
Service Area: Community Services Department: Cultural Services
Project Location: 200 Mathews Street
Project Description:
This project renovates the historic 1904 Carnegie library building to enhance its use as a community
asset. The project has been revised based on Council feedback to remove technology related items
for outfitting a live-streaming classroom and think space, thus reducing the overall budget by
$100,000. The project specifically focuses on stabilizing and protecting this historic structure,
addressing infrastructure and accessibility issues, adding needed amenities, such as a staircase and
restrooms, and other general improvements to allow it to serve as a community center in the heart
of downtown.
The project focuses on infrastructure and historic restoration to ensure the building will continue to
function as a public resource into the future. Some of the work to be completed includes:
Uncover and restore windows
ATTACHMENT 2
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Add a main staircase to connect all three floors
Add restrooms
Upgrade electrical and fiber
Renovate lower level rooms into usable space
Rehabilitate and improve mechanical systems
Restore interior floors and finishes
Restore and repair exterior masonry, eave and cornice
Address Americans with Disability Act (ADA) needs
Address drainage issues
Why is this project needed?
The historic 1904 Carnegie building is one of the oldest, continuously operating public buildings in
Fort Collins, designated a local Historic Landmark District by Resolution in 1978. The building is
also a contributing structure to the Laurel School Historic District, National Register 10/3/1980,
5LR.463. The building is now the home of the Community Creative Center and currently hosts
gallery exhibitions, performances, and serves as the home and studio of Fort Collins Public Media.
The building requires renovation and improvements to continue to serve and expand its role as a
community asset; to address long-term access and infrastructure issues; and to protect and stabilize
this historic treasure into the future. This project will activate this prominent historic landmark
building, the courtyard and the surrounding park.
Additional Funding Details:
The estimated cost for this work is $2 million. Potential grants from the State Historic Fund could
possibly fund $100K or more. Community support can also be sought to help fund the project. The
revised project also removed $100K in technology components. Given these additional funding
opportunities and changes, the unfunded estimated project cost is $1.7 million.
CR4
PROJECT TITLE: Completion of the Gardens on Spring Creek Visitor’s Center
ESTIMATED PROJECT COST: $2M (Total project is $3M/ $1M will be private fundraising)
ESTIMATED ANNUAL O&M: $40K
Service Area: Community Services Department/Program: Parks
Project Location: At the Gardens on Spring Creek
Project Description:
This project completes the Visitor’s Center at the Gardens on Spring Creek. The Visitor’s Center
currently contains a production greenhouse, a classroom, a lobby and offices. The expanded
building will contain a conservatory, large meeting room, observation tower, new entryway with
gift shop, a small café, and additional office space. These additions will double the square
footage of the facility.
Why is this Project Needed?
The Gardens on Spring Creek, thanks to funding from Building Community Choices and countless
donations, opened in May 2004 with a mission to improve the lives of people and foster
environmental stewardship through horticulture. The Gardens has become a destination for
residents and tourists alike, with visitation increasing from 1,634 in 2004 to 60,000 in 2013. This
increase is due to the addition of several large and popular gardens, the availability of high-
quality educational programs for youth and adults, and a variety of special events for the
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community. The Gardens has 180 active volunteers and 25 partnerships with local non-profits and
educational organizations.
This project will build on The Gardens’ remarkable success and will establish the facility as a “must-
see” destination for generations to come. The project will also enable The Gardens to significantly
increase revenue through visitor fees and rental of the meeting room and conservatory. Gardens
staff, in cooperation with the Friends of the Gardens on Spring Creek Board of Directors, is
currently fundraising for the remainder of the Visitor’s Center expansion and the completion of the
remaining gardens.
CR7-A&B
PROJECT TITLE: Preserving Our Heritage: City Park Train and Club Tico Renovations
ESTIMATED PROJECT COST: $600K
ESTIMATED ANNUAL O&M: $0
Service Area: Community Services Department/Program: Recreation
Project Location: City Park
Project Descriptions:
City Park Train
Cost: $350K/ O&M: $0
This project brings back the much loved City Park train in a new, expanded location in City Park.
Club Tico Renovation
Cost: $250K/ O&M: $0
This project completes the renovation of Club Tico at City Park by renovating the kitchen and
restrooms and adding a second story deck overlooking Sheldon Lake and City Park Pool.
Why is this Project Needed?
The historic train at City Park sadly reached the end of the tracks in 2011because it could no
longer be operated safely. A new train on an expanded track will restore this treasured City
Park experience.
Club Tico is a popular dance and event venue constructed in 1921 in the center of City Park. The
building holds a special place in the hearts of many Fort Collins residents. Through donations and
City support much of the facility has been renovated, including the stage and dance floor. This
historic community center will realize its old glory through this final phase of restoration. It will
also become a sought-after event venue once the kitchen and restrooms are upgraded.
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Attachment13.2: Project Descriptions (2744 : Ballot - Community Capital Improvement Program)
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ECH6
PROJECT TITLE: Linden Street Renovations Design & Construction
ESTIMATED PROJECT COST: $3M
ESTIMATED ANNUAL O&M: $12K
Service Area: PDT/CMO Department/Program: Engineering, CMO
Project Location: Linden Street, Walnut to Jefferson
Project Description:
This project will fund the final design and construction of the preferred options for the renovation of
this important downtown block of Linden Street. The Downtown Development Authority has funded
the conceptual design which will be completed in 2014. This block is one of the city’s most
programmed streets, hosting festivals, events and concerts throughout the year. While the
streetscape is adequate, there is an opportunity to enhance this block and make it an exceptional
addition to the Old Town Square renovation. The proposed project envisions the possibility of a
more vibrant pedestrian-oriented urban street addition in the heart of downtown.
Proposed conceptual plans redefine the street to be a brick plaza from building face to building
face with an outdoor setting for market place events, concerts, and street festivals. The proposed
plan would reconstruct the entire block into a brick street that could be closed off for special events
while still allowing vehicle parking in non-event days. The design will continue to be refined and
enhanced based on public input and from area merchants.
Why is this Project Needed?
This project will create a more pedestrian friendly environment extending Old Town north along
Linden Street. This project will help connect Old Town to the developing River District.
ECH7
PROJECT TITLE: Willow Street Improvements – College Avenue to Linden Street/ Design &
Construction
ESTIMATED PROJECT COST: $3.5M
ESTIMATED ANNUAL O&M: $11K
Service Area: Planning, Development, & Transportation Department/Program: Engineering
Project Location: Willow Street Improvements from College Avenue to Linden Street Avenue
Project Description:
This project would fund final design and construction of improvements to Willow Street as identified
in the River District Infrastructure Plan. This project is envisioned to extend vibrant, pedestrian-
oriented activities to the River District. Wide sidewalks, on-street parking, urban design,
landscaping and potentially a linear water feature are planned. BFO offer 1.11 is for final
design.
Why is this Project Needed?
Willow Street lacks pedestrian and parking facilities to support current and planned adjacent
land uses. These improvements are part of a larger River District Plan.
Other Related Projects: Lincoln Boulevard Improvements, Jefferson Street Improvements
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ENV3-A
PROJECT TITLE: Downtown Poudre River Enhancements and Kayak Park
ESTIMATED PROJECT COST: $4M
ESTIMATED ANNUAL O&M: $50K
Service Area: Community Services Department/Program: Natural Areas and PP&D
Project Location: Poudre River East of College Avenue
Project Description:
This project creates a whitewater kayak park with viewing/picnic areas, adds a pedestrian bridge
over the river, improves access to the river, and enhances river habitat and beauty. The project
also lowers the river channel to improve flood mitigation and prevent flooding of College Avenue.
Why is this Project Needed?
The project will connect the community to the river in new and exciting ways while also significantly
improving the river ecosystem. River recreation will be greatly enhanced by trail improvements,
play areas, river access points, picnic areas and a whitewater park. The project will also help
protect life and property by improving management of storm water. In addition, the project will
greatly beautify the area with new landscaping and vegetation.
Additional Details:
The project is estimated to cost $7.5 M, with $4M from the capital improvement program, $1M
from the Stormwater Utility, $1M from the Natural Areas Department and $1.5M from fund raising
efforts.
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T5B-1 & 2
PROJECT TITLE: Lincoln Avenue Improvements Design & Construction
ESTIMATED PROJECT COST: $5.3M - $6.8M
ESTIMATED ANNUAL O&M: $36K
Service Area: Planning, Development, & Transportation Department/Program: Engineering
Project Location: Lincoln Avenue between First Street and Lemay Avenue
Project Description:
This project would fund the design and construction of improvements to Lincoln Avenue from 1st Street
to Lemay Avenue and represents improvements identified in the Lincoln Corridor Plan for roadway,
bike/pedestrian, landscape, stormwater, and urban design enhancements. Two options are
proposed:
1. Full ($8M minus street oversizing contributions - $6.8M) as defined in the Lincoln Corridor Plan
with enhanced landscaping and a high level of urban amenities or
2. Base ($6.5M minus street oversizing contributions - $5.3M) with the roadway framework, base
landscaping that meets the Streetscape Standards, and few amenities.
Why is this Project Needed?
Over the last ten years, Lincoln Avenue has continued to emerge as an important roadway in the
community. It serves our most historic neighborhoods and is a major connection to the northeast
part of the city. Historically the area has been underserved, lacking sidewalks, curb and gutter,
turn lanes, and the desired level of stormwater system. The Buckingham neighborhood has been in
Fort Collins since 1902 and originally served as housing for workers at the adjacent sugar factory
(now the City Streets facility). Few infrastructure upgrades have been made since Buckingham
was developed. With the addition of background traffic and expansion of business in the area,
impacts to the neighborhoods have increased.
City Plan, adopted in February 2011, identifies the Lincoln Triangle as a catalyst area and in
particular Lincoln Avenue as a priority project. The proposed improvements to Lincoln will bring
the arterial up to City standards and enhance the street to be an improved gateway to the
community and to downtown.
It is an important time to reinvest in the infrastructure backbone. The adjacent land uses are
redeveloping, and Lincoln continues to be an important connection between downtown, the River
District, and the East Mulberry area. The street also needs to accommodate a variety of unique
commercial, industrial, and residential properties.
Lincoln Avenue Improvements have long been in the highest priority tier of Roadway
Improvements in the Capital Improvements Plan (CIP). The most recent CIP was adopted as part
of the Transportation Master Plan in 2011 and updated in 2012. The roadway is designated as
a 2-lane arterial in the Master Street Plan (which is an Appendix to the Transportation Master
Plan), but City Plan and the Streetscape Standards called for an enhanced design for this
roadway. The design laid out in the Lincoln Corridor Plan supports these recommended visions.
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T9
PROJECT TITLE: Bicycle/Pedestrian Grade-Separated Crossings Fund
ESTIMATED PROJECT COST: $6M
ESTIMATED ANNUAL O&M: $ 30K
Service Area: Planning, Development, & Transportation
Department/Program: FC Moves/ Engineering/Park Planning and Development
Project Location: Fort Collins
Project Description:
This project provides dedicated funding to design and construct high-priority bicycle and pedestrian
under- and over-passes. Amount is sufficient to build approximates 4-5 crossings in the life of the tax.
These projects are good candidates for cooperative/partnership projects (CSU, CDOT, Larimer
County, Railroads, etc.) and the funds are able to provide matching funds for leveraging
opportunities for grants and partnership projects.
These projects are popular with residents and frequently requested. They improve the safety
and experience of biking and walking and improve safety and operation of the roadways as
well.
Potential projects could include the Power Trail at East Harmony Road, Shields Street west of the
CSU Main Campus, Prospect Road near Center Avenue, major arterial crossings by the Mason
Trail, and other crossings identified in the Harmony Road Enhanced Travel Corridor Plan and the
Midtown in Motion College Avenue Transportation Study.
New grade separations in Fort Collins have a wide range of cost (between $750k and $4M)
due to various factors including type of crossing (overpass, underpass), utility conflicts and
relocations, flood plain issues, groundwater, railroad issues, etc.
Funding can also be maximized by identifying locations where existing projects or road
reconstruction can be modified to include a grade separation for bikes and pedestrians.
The intent of this project will be to build the most cost-effective crossings at the highest demand locations.
Why is this Project Needed?
Grade separated crossings allow bicyclists and pedestrians in high use areas to cross major roadways
safely and efficiently.
T11 Continuation of Building on Basics Project
PROJECT TITLE: Transfort Bus Fleet Replacement
ESTIMATED PROJECT COST: Total $2M
ESTIMATED ANNUAL O&M: 0
Service Area: Planning, Development, & Transportation Department/Program: Transfort
Project Location: Fort Collins
Project Description:
The funding of this project would provide the 20% local match needed to replace 20 heavy duty buses
over the next 10 years. This 20% or, $2 million, would be leveraged to receive $8 million of federal
and state grant funding. Over the next ten years three-quarters of Transfort’s fleet will be beyond its
useful life. The replacement of buses beyond their useful life will reduce maintenance expenses and
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ensure reliable service to the Transfort customer.
Why is this Project Needed?
With local match funding in place, Transfort can apply for federal funding to procure the needed
vehicles. Oftentimes, federal grants require that local funds are already in place prior to the funding
award and by ensuring that Transfort has access to local match funding, staff is free to seek out any
and all grant opportunities. In turn, by not allowing Transfort’s fleet of vehicles to surpass its useful
service life, the City of Fort Collins will reduce preventive maintenance costs by approximately
$30,000 per vehicle per year or $1.5M over the span of the project.
Additional Details:
This project is requesting $4.2M over the next ten years to leverage local match funding for $16.8M
in federal grant funding to purchase 50 replacement heavy duty vehicles. The project has the added
benefit of saving in excess of $1.5M in preventive maintenance costs that would be incurred
otherwise.
T12 Continuation of Building on Basics Project
PROJECT TITLE: Arterial Intersection Improvements Fund
ESTIMATED PROJECT COST: Total $6M ($600K/year)
ESTIMATED ANNUAL O&M: $2K
Service Area: Planning, Development, & Transportation Department/Program: Engineering
Project Location: Fort Collins
Project Description:
This project provides funding for improvements to arterial intersections prioritized by congestion and
safety improvements for all travel modes.
Previous funding for these projects was highly successful as matching funds for grants and the
dollars were doubled over the life of the tax.
Provides additional benefits with landscaping and urban design improvements (such as Harmony
and College), bicycle and pedestrian facility improvements, and improved pavement condition.
The fund is a direct and effective way to address citizen concerns regarding worsening traffic,
congestion and roadway safety.
This project creates a funding source to address the City’s highest priority safety and congestion
problems at arterial intersections.
Why is this Project Needed?
A comprehensive Arterial Intersection Prioritization Study was completed in 2011 and identifies key
improvement locations. Some of these projects were completed with BOB funding; this project would
continue funding for improvements.
Additional Details:
These projects have historically been very competitive in the Federal Grant programs. Leveraging
of similar funds in the previous Building on Basics tax measure more than doubled the available
dollars.
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CNL1
PROJECT TITLE: Housing Affordability Capital Fund
ESTIMATED PROJECT COST: $4M
ESTIMATED ANNUAL O&M: Estimated Annual O&M: Operations and management will be
incorporated in the development budget of housing developed with these funds.
Service Area: Sustainability Services Department/Program: Social Sustainability
Project Location: TBD
Project Description:
This fund would provide a revenue source for the capital costs of development or rehabilitation of
one or more housing projects designated specifically for low income individuals and families. These
funds could be distributed through grants, contracts, or matching funds to assist in meeting the
housing needs for low income residents of our community. The $4Million contribution may be
combined with other sources of income directly related to housing affordability including potentially
funds from the Housing Bank, licensing fees, Affordable Housing fund etc.
An example of how these funds might be used is a project currently being discussed by the Fort
Collins Housing Authority which would result in the construction of 60 units of permanent supportive
housing for current homeless individuals. The total cost of this project is $12,485,584. The
proposed Housing Affordability Capital Fund could be used to leverage other tax credit funding
which would be used to secure the full funding necessary to construct the permanent supportive
housing project.
Supportive housing is an innovative and proven solution to serve people who would not be able to
stay housed without a wide range of supportive services. Affordable housing is combined with
services to help people facing complex challenges to live with stability, autonomy and dignity.
Supportive housing improves housing stability, employment, mental and physical health and reduces
active substance use. People in supportive housing live more stable and productive lives. Housing
stability and supportive services for these individuals has been proven to reduce other community
costs in such areas as reduced emergency room use and reduced response needed by fire and
police. These funds would support the capital construction of such possible programs, while local
nonprofits would incur all Operations and Maintenance expenses.
Why is this Project Needed?
Principle LIV 7 in City Plan states that the City envisions that “a variety of housing types and
densities for all income levels shall be available throughout the Growth Management
Area.” Inclusion of this project in the Building on Basics 2 package will assist in bringing this goal to
fruition.
Studies estimate there are over 3,000 homeless people in Larimer County. At least 250 of these
individuals are chronically homeless, and nearly 1,000 are school-aged children. Our community
lacks a sufficient supply of affordable housing. In June 2011 the Colorado Division of Housing
released a report on rent burdened households in Colorado. At that time, there were less than
22,000 affordable rental units in Larimer County for households earning $25,000 or less per year
and more than twice as many households (roughly 45,700) at that income level.
Nearly 54% of renters spend more than 30% of their income for housing. Larimer County is cited
as the third most rent-burdened county in the state. When housing costs rise over 30% of a
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household’s income, the possibility of becoming homeless significantly increases.
The Murphy Center for Hope provided services to more than 1,700 (unduplicated) people in the
last year and regularly provides services to more than 150 homeless or near homeless persons per
day. Additionally, The FCHA’s waiting list currently has over 1,900 families/individuals waiting for
affordable housing.
Other Related Projects:
Redtail Ponds is a 60-unit apartment community that will provide 40 units of permanent supportive
housing for homeless adults with one or more disability and on-site services ranging from job
training to case management. An additional 20 units will provide housing for low income
individuals.
The Single Room Occupancy (SRO) program provides 27 rooms for homeless individuals in Fort
Collins. Resident Managers live on-site and provide a variety of programming to assist residents
transitioning from homelessness to a more stable living arrangement. Referrals are made from
Catholic Charities Mission and post shelter counseling is provided.
Additional Funding Details:
The financing for the development and rehabilitation of housing for the homeless is complicated. It
is critical for the developer (such as the Fort Collins Housing Authority) to be able to demonstrate
community commitment to a project to secure additional funders. This fund will demonstrate that
commitment and streamline the development of severely needed housing for the City’s homeless
population.
CNL2- Safe Routes to Everywhere
Provides on-going funds to design and build pedestrian, bicycle, and transit stop
improvements citywide.
Provides annual funds in the amounts of: $1.4M for pedestrian improvements; $500K for
bicycle improvements; and $100K for transit stop improvements.
Provides funding for implementation of the Bicycle Master Plan.
Provides funding to eliminate gaps in the pedestrian network and improve ADA compliance.
Sidewalk program is based on $134M in needs identified in a 2013 comprehensive
assessment of pedestrian facilities in Fort Collins.
CNL2-A
PROJECT TITLE: Pedestrian Sidewalk and ADA Compliance Program - Safe Routes to Everywhere
ESTIMATED PROJECT COST: $14M ($1.4M/year)
ESTIMATED ANNUAL O&M: $17.5K
Service Area: Planning, Development, & Transportation
Department/Program: FCMoves/Engineering
Project Location: Citywide
Project Description:
The Pedestrian Sidewalk and ADA Compliance Program is based on the 2013 assessment and the
program cost has been quantified into a 52-year program. With the $134 million Pedestrian
Sidewalk and ADA Compliance Program needs, a sustainable and predictable revenue source is
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recommended to implement the overall cost of construction of a 52-year compliance program.
Projected costs will change over time due to inflation, construction of sidewalks by adjacent
property owners and private development, and project scheduling based on construction of
sidewalks by other City departments (Streets and Engineering Capital Projects Departments).
Why is this Project Needed?
The City is not in compliance with the Americans with Disabilities Act. The Pedestrian Plan is
unfunded.
Without funding for the required pedestrian facilities, the City of Fort Collins will continue to
be in violation of ADA without a proactive effort toward compliance. Noncompliance puts the
City at risk of losing federal grant funds.
Other Related Projects:
This project is part of a package (bicycle, pedestrian, and transit improvements) that provides
funding to implement a suite of multimodal infrastructure improvements intended to support a wide
array of transportation choices. Through a combined approach intended to provide safe routes to
all destinations, these funds would construct pedestrian improvements for safety and Americans with
Disabilities Act (ADA) compliance, integrated bus stop facilities, and bicycle network connections.
Additional Funding Details:
Staff will continually seek opportunities to leverage this limited local funding source to receive
additional funding from state and federal grants to advance the improvements of the sidewalks,
bus stops and bike facilities.
CNL2-B
PROJECT TITLE: Bicycle Infrastructure Improvements - Safe Routes to Everywhere
ESTIMATED PROJECT COST: $5M ($500k/year)
ESTIMATED ANNUAL O&M: $6.3K
Service Area: Planning, Development, & Transportation
Department/Program: FCMoves/Engineering
Project Location: City-wide
Project Description:
The 2014 Bicycle Master Plan is in the final stages of development, with anticipated completion in
the 4th
quarter of 2014. This plan will identify specific bicycle infrastructure improvements that will
contribute to a continuous, low-stress network. This package provides funding to be used toward
stand-alone bicycle infrastructure projects as well as add-on elements to other projects that
complete or enhance the City’s bicycle network. Projects will enhance safety, provide wayfinding,
and improve comfort for bicyclists.
Why is this Project Needed?
This program would be a continuation and expansion of the current Bicycle Master Plan
implementation funding in the existing Building on Basics program. This annual, ongoing
allocation allows the City to enhance bicycle facilities to create safer, more convenient, and
comfortable network. As a Platinum Bicycle Friendly Community, Fort Collins has a national
reputation as a premier city for Bicycling.
Other Related Projects:
This project is part of a package (bicycle, pedestrian, and transit improvements) that provides
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funding to implement a suite of multimodal infrastructure improvements intended to support a wide
array of transportation choices. Through a combined approach intended to provide safe routes to
all destinations, these funds would construct pedestrian improvements for safety and Americans with
Disabilities Act (ADA) compliance, integrated bus stop facilities, and bicycle network connections.
Additional Funding Details:
Staff will continually seek opportunities to leverage this limited local funding source to receive
additional funding from state and federal grants to advance the improvements of the sidewalks,
bus stops and bike facilities.
CNL2-C
PROJECT TITLE: Bus Stop Improvements -Safe Routes to Everywhere
ESTIMATED PROJECT COST: $1M ($100K/year)
ESTIMATED ANNUAL O&M: $1.3K
Service Area: Planning, Development, & Transportation Department/Program: TransFort
Project Location: Citywide
Project Description:
Currently there are more than 200 bus stops within the Transfort system that do not meet
Americans with Disabilities Act (ADA) access requirements. This funding would allow Transfort to
upgrade 10 bus stops per year to be ADA accessible and improve mobility options for disabled
residents of Fort Collins.
Other Related Projects:
This project is part of a package (bicycle, pedestrian, and transit improvements) that provides
funding to implement a suite of multimodal infrastructure improvements intended to support a wide
array of transportation choices. Through a combined approach intended to provide safe routes to
all destinations, these funds would construct pedestrian improvements for safety and ADA
compliance, integrated bus stop facilities, and bicycle network connections.
Additional Funding Details:
Staff will continually seek opportunities to leverage this limited local funding source to receive
additional funding from state and federal grants to advance the improvements of the sidewalks,
bus stops and bike facilities.
CNL6
PROJECT TITLE: Implementing Nature in the City
ESTIMATED PROJECT COST: $3M
ESTIMATED ANNUAL O&M: $100K
Service Area: Sustainability Services Department: Environmental Services
Project Location: Throughout the City
Project Description:
To achieve the vision set forth in the Nature in the City strategic plan, this project will: (1) fill in
gaps either to achieve a 10-minute walk or to enhance species connectivity, and (2) enhance
existing sites to provide greater habitat variety and natural experiences.
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1. Gaps in Connectivity (Acquisition): Acquisitions will target a) sites that ensure all residents have
access to nature within a 10-minute walk from their homes, or b) sites that fill gaps from a
species connectivity perspective. Staff anticipates acquiring four to six parcels during the 10-
year period to create a connected open space network accessible by all.
2. Enhance existing sites (Restoration): Restoration includes adapting stormwater ponds, ditches,
streams, waterways, parks and other neighborhood open spaces to include spaces that
provide habitat, therapeutic benefits, and opportunities to play. The City will partner with
neighborhoods, businesses and other City departments, including Natural Areas, Stormwater,
and Parks, to achieve these goals. Staff anticipates restoring 20-30 sites across the City
through this initiative.
It is anticipated the project will be managed by a group of technical experts through the City who
will be responsible for coordinating site acquisition, installation and establishment. Staff will also
actively seek outside funding sources to leverage City dollars. Operation and Maintenance funds
may also be used to hire a project coordinator. This project supports land restoration and
acquisition beyond the scope of the Open Space tax dollars priorities.
Why is this Project Needed?
The City is transitioning from a large, suburban town to a small, urban city with a projected
250,000 residents. As this happens, it is critical that we protect access to nature and the key open
spaces that define our community. Natural spaces within our urban setting are valuable not only as
habitats and for aesthetics, but they are also key to preserving quality of life, and the sense of
place that makes Fort Collins unique.
In 2014, the City launched Nature in the City to develop a vision and strategic plan to incorporate
nature into the City’s increasingly urban environment. As Fort Collins grows, we want to ensure that
every resident is within a 10-minute walk to nature from their home or office.
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Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Audit & Finance Committee
Minutes
12/15/14
10:00 a.m. to 12:00 Noon
CIC Room
Council Attendees: Ross Cunniff, Bob Overbeck
Staff: Darin Atteberry, Mike Beckstead, Josh Birks, Karen Cumbo,
Carrie Daggett, Mike DeKock, John Duval, Kevin Gertig,
Tauny Gilmore, Marty Heffernan, Bruce Hendee, Jessica
Ping-Small, John Voss, Katie Wiggett
Others: Dale Adamy, Mike Freeman, RMI; Audrey Frajo, Chamber
Approval of the Minutes
Bob Overbeck moved to approve the minutes from the November 17 meeting. Ross Cunniff seconded
the motion. Minutes approved unanimously.
2014 Revenue Update
Mike Beckstead provided details on the additional revenue that is anticipated above forecast for 2014.
Mike explained that Staff last updated the revenue forecast in September and the additional revenue
above budget was used in the 2015/16 budget. October and November revenue growth was
exceptionally strong and an additional $6.2M of Sales and Use tax revenue (with approximately $3.7M
of this within the General Fund) is anticipated by year end.
Bob Overbeck asked for an update on the Police Training Facility. Darin Atteberry said that the topic will
be discussed at a Council Work Session in January. Staff is currently in dialogues with potential partners.
While Weld County will not be a partner, some towns within Weld County are interested.
Mike outlined the following options for CFC in the use of the additional $3.7M of GF revenue:
1. Assign additional revenue to select projects eliminated from Capital Project List
2. Allow Select projects to compete with other priorities in 2015 revision or 2017/18 BFO process
Council Finance discussed the merits of the projects eliminated from the Capital Project List. Marty
Heffernan explained that the Southridge Irrigation System ($2.2M) project is a top priority while the
Fossil Creek Synthetic Turf project ($1.3M) and the Park Conversion to Raw Water ($.8M) are less
pressing projects, though important. Darin noted that each of these projects helped with water
conservation. Marty added that the Southridge Irrigation System would result in 20% savings on water.
Ross Cunniff said that it would be helpful to see the water cost savings in terms of average household
water use.
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Darin asked Marty to calculate the cost of a worst-case catastrophic event due to the Fossil Creek turf
situation. Ross agreed that such information would be good to know on all projects and the City should
have funds set aside and allocated for the Fossil Creek irrigation system should it become a catastrophic
event.
Darin explained that the top three priorities from these projects would be Transfort Bus Fleet
Replacement, Computer Aided Dispatch and the Southridge Irrigation System. Council Finance
recommends setting aside $.5M from the $3.7M for each of these three projects. Staff will move
forward with this recommendation and make these assignments in the 2014 year end fund balance.
Review of Prior Revenue Diversification Discussions
Jessica Ping-Small explained that, since 2012, Staff has been analyzing and considering various facets of
revenue diversification and presenting their findings to Council in phases. This presentation is to recap past
discussions and to seek direction on next steps.
The City receives 45-50% of its revenue from sales and use tax which can be a volatile source of revenue.
The conundrum of how to strike the balance of adequate revenue to fund current service levels without an
overreliance on sales and use tax is an ongoing issue in Fort Collins and surrounding municipalities. The
City’s dependence on sales and use tax is about average compared to other Colorado cities.
Jessica showed a breakdown of Fort Collins tax base, noting that a significant portion of Fort Collins tax is
comprised of voter approved taxes that eventually sunset. Jessica went on to address Fort Collins’ mill levy
rate, pointing out that the City mill rate of 9.797 is currently slightly above the average of 8.828 mills
compared to other Colorado cities.
Since 2012, Staff has looked at multiple options to both diversify and stabilize revenue, using Colorado
Springs comprehensive revenue diversification study as a guide. Staff came up with 7 main alternatives, 3 of
which were still based on sales tax.
One option is a sales tax on services, a tax that is hard to estimate potential revenue for. If adopting a tax on
services, the City would have three tiers of services to explore for possibly taxing: 1) services that other
surrounding cities tax; 2) personal care type services; and 3) consulting type services. Council Finance asked
that Staff prepare a memo further explaining this option.
Bob Overbeck asked about the possibility of taxing online sales. Jessica answered that online sales
represent an estimated loss in sales tax of $3-4M annually. The possibility of state-level tax rates is being
discussed nationally.
Darin Atteberry pointed out that Staff’s diversity discussion is very much focused on stability rather than
finding new revenue. Bob Overbeck asked if Staff has looked at Sales and Use Tax levels in the 2008
downturn to see what a base might look like in another downturn. Jessica answered that Staff has looked at
the 2008 base and, while revenue from sales and use tax was down 6-7%, it was not as volatile as might be
expected. Mike Beckstead added that property taxes in Fort Collins also remained relatively flat during the
recession.
Bob had asked Staff to examine the impact of a City Mill Level at 31.162, the mill rate at which a “three-
legged stool” would be achieved. Jessica showed numbers comparing a 2012 bill at the current rate of 9.797
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mills with a bill at 31.162 mills, noting an increase of roughly 300%. Ross asked if the sales tax rate would be
lowered if the mill levy was raised. Jessica answered that it likely would.
Council Finance recommends that Council discuss the possibility of a Transportation Fee before or in
conjunction with discussions on renewing the ¼ cent Street Maintenance Tax. Council Finance would also
like to see more information about a potential tax on services, an admissions tax and other options.
Staff will bring a presentation to Council Finance in Q3 or Q4 2015 to tie up the loose ends on potential
diversification options.
Rocky Mountain Innosphere (RMI) Business Update
Mike Freeman of Rocky Mountain Innosphere (RMI or the Innosphere) explained that RMI is Colorado’s
leading science and technology incubator. RMI is focused on supporting entrepreneurs who are building
high growth potential companies in cleantech, biosciences, hardware and software.
Bob Overbeck asked if Council could get a breakdown of RMI’s funding partners with their level of
funding. Mike replied that each funding partner contributes $25K or more with the largest donation
being $125K; however, RMI cannot release a list of each company and their donations as these are
private organizations and often chose to keep their donations private.
Mike explained the importance of RMI’s strategic partners, industry partners, and bank partners. Bob
Overbeck noted that it would be nice to hear a deeper story on these partners work with RMI. Mike
went on to discuss RMI’s economic impact in 2013, noting that the most significant number was the
total capital raised: $35.3M in 2013.
Mike went over RMI’s proposed major initiatives for 2015:
• Further implementing Lean Launchpad (up front training program)
• Better defining services delivered by staff vs. advisors, providers
• Creating more definition around software program
• Defining role with CSU Powerhouse
• Advancing our access to capital program (focus on seed funding)
• Implementing an Early Exit program.
Mike then explained RMI’s Key Initiative for 2015: the Early Exit Program. This program is customized
for companies with early exit potential (approximately 5 companies a year). These companies will pay
RMI a 2% transaction fee (of the value of a sale) when they exit. This will be an opt-in program solely for
companies with good acquisition potential.
Establishing a Parking Fund in 2015
Mike DeKock explained that the City has set up a new fund to report parking revenues and expenditures
that were previously reported in the Transportation Fund. The CFO has the authority to establish a new
fund; however, Council approval is required to transfer the parking reserves currently reported in the
Transportation Fund into the Parking Fund.
An ordinance will be presented for the February 4, 2015 Council Meeting to transfer an estimate of
reserves as of December 31, 2014 of approximately $1,519,485. Mike explained that this balance is an
estimate because year-end accruals are still coming in. If there are any additional transactions recorded
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altering the year-end reserve amount, an appropriation will be proposed for the year-end adjustment
ordinance.
Darin noted that this is not a change to parking practices, only a change in financial reporting to improve
transparency. Bob Overbeck noted that it might be useful to add an asterisk stating how much money
the City forfeits annually with the issuance of warnings or “oops” tickets. Ross asked that Staff look into
the “oops” tickets because he believes the tickets have a statement on them saying that they are
granted through the DBA or DDA.
Council Finance supports the transfer of funds from the Transportation Fund to the Parking Fund.
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Attachment13.5: Online Web Citizen Feedback Dec 2014-Jan 14, 2015 (2744 : Ballot - Community Capital Improvement Program)
Packet Pg. 248
Attachment13.5: Online Web Citizen Feedback Dec 2014-Jan 14, 2015 (2744 : Ballot - Community Capital Improvement Program)
Resolution 2015-012
Revised 1/16/15
- 1 -
RESOLUTION 2015-012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AN ORDINANCE
EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%)
“BUILDING ON BASICS” CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD
OF TEN YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR THE
“COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL PROJECTS AND
RELATED OPERATION AND MAINTENANCE
WHEREAS, the City of Fort Collins has enacted a comprehensive sales and use tax,
which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the
“Code”); and
WHEREAS, the amount of such tax presently imposed by the Code, as contained in Code
Section 25-75(a), includes a twenty-five hundredths percent (0.25%) tax for the construction of
certain capital projects as identified in Ordinance No. 092, 2005, which Ordinance was approved
by City voters on November 1, 2005, and which projects were approved by the City Council in
accordance with the provisions of said Ordinance (the “Existing Tax”); and
WHEREAS, the Existing Tax will expire at midnight at the end of December 31, 2015;
and
WHEREAS, the City Council believes it would be in the best interests of the City’s
citizens to extend the Existing Tax for an additional ten-year period to generate additional
revenues for purposes similar to those for which the Existing Tax was originally imposed; and
WHEREAS, under Article X, Section 20 of the Colorado Constitution, any such
extension requires a vote of the people; and
WHEREAS, during a series of work sessions on the “Community Capital Improvement
Program,” the City Council has reviewed a variety of proposed capital projects and the operation
and maintenance needs for some of those projects, and has identified certain of the projects
which it believes are necessary for the ongoing provision of City services; and
WHEREAS, the purpose of this Resolution is to exercise the Council's authority under
Article X, Section 3 of the City Charter to submit to a vote of the people the question of
extending the Existing Tax for a period of ten years for the purpose of funding the planning,
design, real property acquisition, construction, and operation and maintenance for the
“Community Capital Improvement Program” capital projects.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Resolution 2015-012
Revised 1/16/15
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Section 1. That there is hereby referred to the registered voters of the City at the next
regular City election to be held on April 7, 2015, the question of whether the following ordinance
should be adopted:
ORDINANCE NO. ___, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE EXPIRING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%) “BUILDING ON BASICS”
CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF TEN YEARS FOR THE PURPOSE OF
OBTAINING REVENUE FOR THE “COMMUNITY CAPITAL IMPROVEMENT PROGRAM” CAPITAL
PROJECTS AND RELATED OPERATION AND MAINTENANCE
WHEREAS, the City of Fort Collins has heretofore enacted a comprehensive retail sales and use tax, which
enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins (the “Code”); and
WHEREAS, the amount of such tax presently imposed by the Code, as contained in Code Section 25-75(a),
includes a twenty-five hundredths percent (0.25%) tax for the construction of the capital projects identified in
Ordinance No. 092, 2005, which Ordinance was approved by the City’s voters on November 1, 2005, and which
projects were approved by the City Council in accordance with the provisions of said Ordinance (the “Existing
Tax”); and
WHEREAS, the Existing Tax is scheduled to expire at midnight at the end of December 31, 2015; and
WHEREAS, on January 20, 2015, the City Council adopted Resolution 2015-___ identifying various
projects that it believes should be funded by the extension of the Existing Tax, and submitting to the registered
electors of the City the question of whether an ordinance extending the Existing Tax for a period of ten years should
be enacted to obtain additional revenues for the planning, design, real property acquisition, construction, and
operation and maintenance for certain capital projects as part of the “Community Capital Improvement Program”;
and
WHEREAS, at a regular City election on April 7, 2015, the voters of the City of Fort Collins approved the
extension of the Existing Tax for the foregoing purposes and determined that, upon the expiration of the Existing
Tax, it is necessary and desirable that a twenty-five hundredths percent (0.25%) sales and use tax be imposed on all
items taxable under the Code, subject to the exceptions contained in City Code Section 25-73(c) and (d) and Section
25-74(b), commencing January 1, 2016, for the purpose of obtaining revenues for the planning, design, real property
acquisition, and construction of the aforementioned capital projects and for the operation and maintenance of some
of them.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as
follows:
Section 1. That Section 25-75(a) of the Code of the City of Fort Collins is hereby amended to read
as follows:
Sec. 25-75. Rate of tax.
(a) The amount of tax hereby levied is three and eight-five hundredths (3.85) percent of the purchase
price of tangible personal property or taxable services except that the amount of use tax levied on
manufacturing equipment is three (3) percent of the purchase price. Twenty-five one-hundredths (0.25)
percent of such amount is a tax which shall expire at midnight on December 31, 2030, the proceeds of
which shall be used for the purposes of acquiring, operating and maintaining open spaces, community
separators, natural areas, wildlife habitat, riparian areas, wetlands and valued agricultural lands, and to
provide for the appropriate use and enjoyment of these areas by the citizenry, pursuant to the provisions of
the Citizen-Initiated Ordinance No. 1, 2002. Another twenty-five one-hundredths (0.25) percent is a tax
which shall expire at midnight on December 31, 2015, the proceeds of which shall be used for the purpose
of paying the costs of planning, design, right-of-way acquisition, incidental upgrades and other costs
Resolution 2015-012
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associated with the repair and renovation of City streets, including, but not limited to, curbs, gutters,
bridges, sidewalks, parkway shoulders and medians. Another twenty-five one-hundredths (0.25) percent is
a tax which shall expire at midnight on December 31, 20152025, the proceeds of which shall be used for
the purpose of paying the costs of planning, design, right-of-wayreal property acquisition, and construction
and at least seven (7) years of operation and maintenance of certainthe capital projects specified in the
"Building on BasicsCommunity Capital Improvement Program" and five (5) years of operation and
maintenance for those capital projects specified in Ordinance No. ___, 2015,capital project program, all of
which shall be subject to the terms and conditions of Ordinance No. 92, 2005Ordinance No. __, 2015.
Another eighty-five one-hundredths (0.85) percent is a tax which shall expire at midnight on December 31,
2021, the proceeds of which shall be used in accordance with the terms and conditions of Ordinance No.
126, 2010.
Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales and use
tax imposed pursuant to this Ordinance (the “Tax”) shall be used, to the extent that such revenues are sufficient, for
the planning, design, real property acquisition, construction, and operation and maintenance for the capital projects
described on Exhibit “A”, attached hereto and incorporated herein by this reference (the “Projects”), subject to the
following terms and conditions:
(a) The design, scheduling and amount of tax revenue to be set aside for the planning, design, real
property acquisition, and construction for the Projects, and the operation and maintenance for
those Projects for which operation and maintenance funding is provided on Exhibit “A”, shall be
determined by the City Council; provided, however, that no decision regarding the design or cost
of any of these Projects shall substantially change its essential character or eliminate any of its
components from that described on Exhibit “A”, except as expressly permitted under subsection
2(b) below, nor shall any decision fund less than five (5) years of operation and maintenance for
any of the Projects for which such funding is provided for on Exhibit “A”, unless the Council has
determined that such Project shall not be undertaken pursuant to subsection 2(b), below. This
provision shall not be construed as prohibiting the City Council from:
i. enhancing the scope or design of any of the Projects, or increasing the cost thereof, unless
such enhancement or increase in cost would substantially impair the City's ability to fully
fund the planning, design, real property acquisition, and construction for any of the
Projects described on Exhibit “A” or the operation and maintenance for five (5) years
from the date of completion of their construction for those of the Projects for which
operation and maintenance funding is provided on Exhibit “A”, excepting only the
Projects, if any, which have been eliminated by the City Council pursuant to the
provisions of subsection (b) below; or
ii. using any other revenues lawfully available to the City to enhance the scope or design of
any of the Projects, or to fund, in whole or in part, the planning, design, real property
acquisition, construction, operation and/or maintenance for any such Projects.
(b) The planning, design, real property acquisition and construction for all of the Projects shall be
undertaken and completed by the City unless the City Council determines by resolution, after
receiving a recommendation from the City Manager, that it is no longer legally or financially
feasible to undertake and complete any of the Projects without substantially altering the essential
character of the same from that described on Exhibit “A” or, with regard to the Projects described
in subparagraphs (c) and (d) below, the contingency required for each of these Projects is not
reasonably likely to be satisfied.
(c) The use of any revenues generated by the Tax for construction of the “Downtown Poudre River
Enhancements and Kayak Park” (the “Poudre River Project”) shall be expressly contingent upon a
determination by the City Council, after receiving a report and recommendation from the City
Manager, that the City has received for the Poudre River Project at least $1,500,000 in any
combination of contributions and pledges of cash and other property acceptable to the City
Resolution 2015-012
Revised 1/16/15
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Council. The City’s use of revenues generated by the Tax for the planning, design and real
property acquisition of the Poudre River Project shall not be subject to this contingency.
(d) The use of any revenues generated by the Tax for the real property acquisition for and construction
of the Gardens on Spring Creek Visitors Center Expansion (the “Gardens on Spring Creek
Project”) shall be expressly contingent upon a determination by the City Council, after receiving a
report and recommendation from the City Manager, that the City has received for the Gardens on
Spring Creek Project at least $1,000,000 of any combination of contributions and pledges of cash
and other property acceptable to the City Council. The City’s use of revenues generated by the
Tax for the planning and design of the Gardens on Spring Creek Project shall not be subject to this
contingency.
(e) The Projects shall be subject to all applicable provisions in Article XII of Chapter 23, as amended,
of the City Code relating to art in public places.
Section 3. That any revenues generated by the Tax and remaining unexpended and unencumbered
after the completion of the construction of all of the Projects described on Exhibit “A”, excluding any of these
Projects eliminated by the City Council under the provisions of Section 2(b) above, may, in the discretion of the City
Council, be used to fund additional operation and maintenance of the Projects or for the planning, design, real
property acquisition, construction, operation and/or maintenance for any other capital project approved by the City
Council.
Section 4. That the full amount of revenues derived from the Tax may be retained and expended by
the City, notwithstanding any state revenue or expenditure limitations including, but not limited to, those contained
in Article X, Section 20 of the Colorado Constitution.
Section 5. That the amendment of Section 25-75(a) of the City Code as set forth herein shall take
effect at 12:01 a.m. on January 1, 2016.
Section 6. That except as provided herein, all other provisions of Chapter 25 of the City Code shall
remain unchanged and in full force and effect unless otherwise rescinded or modified by action of the Council.
Exhibit A
Project Descriptions
Community Capital Improvement Program
2015
Estimated Capital
Cost
(2015 dollars)
Estimated Annual
Operations and
Maintenance Cost
(2015 dollars)
Pedestrian Sidewalk/ Americans with Disabilities Act (ADA)
Compliance – Safe Routes to Everywhere
$14,000,000 No O&M Funds
This project will provide an annual fund to begin the implementation of a 52-year compliance program to
eliminate gaps in the City’s pedestrian network and improve ADA compliance.
Resolution 2015-012
Revised 1/16/15
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Bicycle Infrastructure Improvements – Safe Routes to
Everywhere
$5,000,000 No O&M Funds
This project will provide an annual fund to begin implementation of the City’s 2014 Bicycle Master Plan.
This project will provide an annual fund to be used toward stand-alone bicycle infrastructure projects as
well as add-on elements to other projects that complete or enhance the City’s bicycle network. Projects
will enhance safety, provide wayfinding, and improve comfort and access for bicyclists.
Bus Stop Improvements – Safe Routes to Everywhere $1,000,000 No O&M Funds
This project will provide an annual fund to make ADA improvements and upgrade bus stops throughout
the City.
Downtown Poudre River Enhancements and Kayak Park $4,000,000 $50,000
This project creates a whitewater kayak park with viewing/picnic areas, adds a pedestrian bridge over the
river, improves access to the river and enhances the river’s habitat and beauty. The project also lowers the
river channel to improve flood mitigation and prevent flooding of College Avenue.
Bike/Ped Grade Separated Crossings Fund $6,000,000 $20,000
This project will provide an annual fund to construct top priority grade-separated bicycle and pedestrian
crossings across arterial roadways.
Transfort Bus Fleet Replacement $2,000,000 No O&M Funds
This project will provide an annual fund to meet the local match needed to replace heavy duty buses over
the next 10 years. This fund will be leveraged to receive an 80% match of federal and state grant funding.
Arterial Intersection Improvements Fund $6,000,000 No O&M Funds
This project will provide an annual fund for improvements to arterial intersections, prioritized by
congestion, with safety improvements for all travel modes.
Implementing Nature in the City $3,000,000 $100,000
This project will provide an annual fund to protect access to nature and the key natural spaces that define
our community by filling in gaps to achieve a 10-minute walk to nature or by enhancing species
connectivity, and by enhancing existing sites to provide greater habitat variety and natural experiences.
Gardens on Spring Creek Visitor’s Center Expansion $2,000,000 $40,000
This project will double the square footage of the Visitor’s Center at the Gardens on Spring Creek and will
add meeting rooms, a new entryway with gift shop, a conservatory, a small café, and additional office
space.
Southeast Community Center with Outdoor Pool $14,000,000 $230,000
This project will build a Community Center in southeast Fort Collins focused on innovation, technology,
art, recreation and the creative process. The Center will also have a large outdoor leisure pool with water
slides, sprays and jets, decks, a lazy river and open swimming area.
Affordable Housing Fund $4,000,000 No O&M Funds
This project will fund capital costs of development or rehabilitation of one or more public or private
housing projects designated specifically for low income individuals and families.
Lincoln Avenue Improvements Design & Construction
(From 1st Street to Lemay Avenue)
$8,000,000
$5,300,000
$36,000
This project will fund design, right-of-way, and construction of improvements to Lincoln Avenue from
First Avenue to Lemay Avenue with the roadway framework defined in the Lincoln Corridor Plan, base
Resolution 2015-012
Revised 1/16/15
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landscaping that meets the Streetscape Standards, and few amenities. These improvements do not include
the segment of Lincoln with the bridge over the Poudre River.
City Park Train $350,000 No O&M Funds
This project will bring back the City Park train in a new, expanded location in City Park.
Renovation of the Historic Carnegie Building $1,700,000 $25,000
This project will renovate the historic 1904 Carnegie library building to enhance its use as a Community
Center. The Center will host special events, community meetings, art exhibits and symposiums in the heart of
Downtown.
Linden Street Renovations Design & Construction $3,000,000 $12,000
This project will fund final design, construction, and right-of-way acquisition for the renovation of the
downtown 200 block of Linden Street.
Club Tico Renovation $250,000 No O&M Funds
This project will complete the renovation of Club Tico at City Park by renovating the kitchen and
restrooms and adding a second story deck overlooking Sheldon Lake and City Park Pool.
Willow Street Renovations Design & Construction $3,500,000 $11,000
This project will fund final design and construction of improvements to Willow Street between College
Avenue and Linden Street as identified in the River District Infrastructure Plan.
Section 2. That the proposed Ordinance No.___, 2015, is hereby submitted to the
registered electors of the City of Fort Collins at the next regular election to be held on April 7,
2015, in substantially the following form:
CITY OF FORT COLLINS BALLOT ISSUE NO. ____
A CITY-INITIATED QUESTION
WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25%
SALES AND USE TAX (25 CENTS ON A $100 PURCHASE) APPROVED BY THE
VOTERS IN 2005 FOR THE “BUILDING ON BASICS” CAPITAL PROJECTS PROGRAM
BE EXTENDED FROM ITS CURRENT EXPIRATION AT THE END OF DECEMBER 31,
2015, THROUGH THE END OF DECEMBER 31, 2025; PROVIDED THAT THE REVENUE
DERIVED FROM THE EXTENSION OF SUCH TAX SHALL BE USED TO PAY THE
COSTS OF PLANNING, DESIGN, REAL PROPERTY ACQUISITION, AND
CONSTRUCTION OF THE FOLLOWING CAPITAL PROJECTS AS PART OF THE
"COMMUNITY CAPITAL IMPROVEMENT PROGRAM", AND TO PAY FIVE (5) YEARS
OF OPERATION AND MAINTENANCE (“O&M”) FOR CERTAIN OF THESE CAPITAL
PROJECTS AS SPECIFIED BELOW, ALL SUBJECT TO THE TERMS AND CONDITIONS
OF PROPOSED ORDINANCE NO.___, 2015:
• PEDESTRIAN SIDEWALK/AMERICANS WITH DISABILITIES ACT
COMPLIANCE– SAFE ROUTES TO EVERYWHERE
• BICYCLE INFRASTRUCTURE IMPROVEMENTS – SAFE ROUTES TO
EVERYWHERE
Resolution 2015-012
Revised 1/16/15
- 7 -
• BUS STOP IMPROVEMENTS – SAFE ROUTES TO EVERYWHERE
• DOWNTOWN POUDRE RIVER ENHANCEMENTS AND KAYAK PARK (WITH
O&M)
• BIKE/PED GRADE SEPARATED CROSSINGS FUND (WITH O&M)
• TRANSFORT BUS FLEET REPLACEMENT
• ARTERIAL INTERSECTION IMPROVEMENTS FUND
• IMPLEMENTING NATURE IN THE CITY (WITH O&M)
• GARDENS ON SPRING CREEK VISITOR’S CENTER EXPANSION (WITH O&M)
• SOUTHEAST COMMUNITY CENTER WITH OUTDOOR POOL (WITH O&M)
• AFFORDABLE HOUSING FUND
• LINCOLN AVENUE IMPROVEMENTS DESIGN & CONSTRUCTION (FROM 1ST
STREET TO LEMAY AVENUE) (WITH O&M)
• CITY PARK TRAIN
• RENOVATION OF THE HISTORIC CARNEGIE BUILDING (WITH O&M)
• LINDEN STREET RENOVATIONS DESIGN & CONSTRUCTION (WITH O&M)
• CLUB TICO RENOVATION
• WILLOW STREET RENOVATIONS DESIGN AND CONSTRUCTION (WITH O&M)
AND FURTHER PROVIDING THAT THE FULL REVENUES DERIVED FROM THE TAX
MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES,
NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION
INCLUDING, BUT NOT LIMITED TO, THE LIMITATION IN ARTICLE X, SECTION 20
OF THE COLORADO CONSTITUTION?
____ YES
____ NO
Passed and adopted at a regular meeting of the City Council held this 20th day of
January, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Darin Atteberry, City Manager
Mark Jackson, PDT Deputy Director
SUBJECT
Resolution 2015-013 Submitting to the Registered Electors of the City at the April 7, 2015, Regular City
Election the Question of the Extension of the Expiring Quarter-Cent Sales and Use Tax Used to Fund the
City's Street Maintenance Program.
EXECUTIVE SUMMARY
The purpose of the item is to set the ballot language and refer the Street Maintenance Program tax renewal to
the April 7, 2015 election.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Street Maintenance Program provides funding for the repair and renovation of the City’s street system.
The Fort Collins community has supported dedicated funding of the SMP since 1989 when it was funded
through Choices 95.
The current Street Maintenance Program tax will expire December 31, 2015. The Street Maintenance Program
is funded at approximately $15 million per year. This quarter-cent tax makes up nearly half of the yearly cost at
$6.5 million per year. Other program funding includes Keep Fort Collins Great ($7 million) and the General
Fund ($1.5 million.) The Street Maintenance Program maximizes the community’s investment in the street
network by performing ongoing maintenance before much more costly repairs or replacement is necessary,
extending the usable life of a street.
The program includes repair of concrete curbs, gutters, and sidewalks; construction of sidewalk access ramps;
repair of deteriorating asphalt; and the reconstruction, overlay, or seal coat operations on existing streets.
Street Maintenance funding has also been used to help pay to repair and replace aging bridges throughout the
city.
Since 2005, the center-line road miles in the City grew from 476 miles to more than 550 miles. Each year,
approximately 135 lane miles of Fort Collins streets are improved. The City’s policy is to keep the street
system at a Level of Service (LOS)-Grade B or better and the Street Maintenance Program is critical to
meeting this goal. Fort Collins’ overall street network is the City’s largest capital asset, and maintaining and
preserving this asset is a key responsibility of municipal government.
Having a dedicated funding source for the Street Maintenance Program through a ¼-cent sales tax ensures
that streets are maintained while sharing the cost burden with non-city residents that use our street system.
Packet Pg. 256
Agenda Item 15
Item # 15 Page 2
FINANCIAL / ECONOMIC IMPACTS
This is a proposed tax extension, not a new tax, and as such will not be an increase in current tax revenue.
This is a sales and use tax collected on all taxable purchases, which does not include prescription drugs and
food for home consumption. The extension results in the continued ¼-cent tax which is the equivalent of 25
cents on a $100 taxable purchase. Current revenue projections over 10 years are approximately $83 million
(projection updated January 2, 2015). The term of the tax renewal is January 1, 2016 through December 31,
2025.
PUBLIC OUTREACH
The Street Maintenance Program tax renewal was included at all outreach events for the capital improvement
tax. Outreach was most extensive from August to October 2014 and focused on education and the suggested
term of the tax, which ranged from 10-20 years. Based on public input, the renewal is most strongly supported
for a 10-year term.
ATTACHMENTS
1. Project History List (PDF)
2. Powerpoint presentation (PDF)
Packet Pg. 257
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>ŝŶĐŽůŶǀĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
DĂƌƚŝŶĞnj ŚĞƌƌLJ^ƚ͕͘tŽŽĚ^ƚƌĞĞƚƚŽDĂƐŽŶ^ƚ͘ ϮϬϭϰ KǀĞƌůĂLJ
DĞĂĚŽǁƐĂƚZĞĚǁŽŽĚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
DŝƌĂŵŽŶƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ĂƉĞͬKǀĞƌůĂLJ
KĂŬƌŝĚŐĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
WĂƌĂŐŽŶWŽŝŶƚ^ŽƵƚŚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
WƌŽǀŝŶĐĞƚŽǁŶ ĂƐƚϭ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ĂƉĞͬKǀĞƌůĂLJ
^^ŚŝĞůĚƐ^ƚ ^ŚŝĞůĚƐ^ƚ͕͘WƌŽƐƉĞĐƚZĚ͘ƚŽ,ŽƌƐĞƚŽŽƚŚZĚ͘ ϮϬϭϰ KǀĞƌůĂLJ
^dŝŵďĞƌůŝŶĞZĚ dŝŵďĞƌůŝŶĞZĚ͕͘DƵůďĞƌƌLJ^ƚ͘ƚŽWƌŽƐƉĞĐƚZĚ͘ ϮϬϭϰ KǀĞƌůĂLJ
^ŚĞŶĂŶĚŽĂŚϭ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
^ŬLJǀŝĞǁϭ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
^ŬLJǀŝĞǁϮ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
^ŽƵƚŚDĞƐĂƉĂƌŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
^ŽƵƚŚŵŽŽƌ ĂƐƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ^ůƵƌƌLJ
^ƉƌŝŶŐDĞĂĚŽǁƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ^ůƵƌƌLJ
^ƚĂƌĨůŽǁĞƌ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ,ŽƚͲŝŶͲƉůĂĐĞ
t^ƚƵĂƌƚϭ ^ƚƵĂƌƚ^ƚ͕͘dĂĨƚ,ŝůůZĚ͘ƚŽ^ŚŝĞůĚƐ^ƚ͘ ϮϬϭϰ ,ŽƚͲŝŶͲƉůĂĐĞ
t^ƚƵĂƌƚϮ ^ƚƵĂƌƚ^ƚ͕͘KǀĞƌůĂŶĚdƌů͘dŽdĂĨƚ,ŝůůZĚ͘ ϮϬϭϰ ,ŽƚͲŝŶͲƉůĂĐĞ
tsŝŶĞ sŝŶĞƌ͕͘dĂĨƚ,ŝůůZĚ͘ƚŽtŽŽĚ^ƚ͘ ϮϬϭϰ KǀĞƌůĂLJ
tsŝŶĞϮ sŝŶĞƌ͕͘KǀĞƌůĂŶĚdƌů͘ƚŽdĂĨƚ,ŝůůZĚ͘ ϮϬϭϰ KǀĞƌůĂLJ
tĂůĚĞŶtĂLJƌĞĂϭ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ĂƉĞ
tĂƌƌĞŶ^ŚŽƌĞƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
tŽŽĚĞĚƌĞĞŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ ĂƉĞ
tŽŽĚƌŝĚŐĞϭ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϰ KǀĞƌůĂLJ
ŝĞŐůĞƌϯ ŝĞŐůĞƌZĚ͕͘>ĂĚLJDŽŽŶƌ͘ƚŽZŽĐŬWĂƌŬ ϮϬϭϰ ,ŽƚͲŝŶͲƉůĂĐĞ
ĞŶƚƌĞ
ĞŶƚƌĞǀĞ͕͘ZĞƐĞĂƌĐŚůǀĚ͕͘tŽƌƚŚŝŶŐƚŽŶǀĞ͕͘ĂŶĚ
tŽƌƚŚŝŶŐƚŽŶŝƌ͘ ϮϬϭϯ ,ŽƚͲŝŶͲƉůĂĐĞ
ĞƌƌLJ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
ƵŶďĂƌ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
ůŝnjĂďĞƚŚ ůŝnjĂďĞƚŚ^ƚ͕͘^ƚŽǀĞƌ^ƚ͘ƚŽ>ĞŵĂLJǀĞ͘ ϮϬϭϯ KǀĞƌůĂLJ
&ŽŽƚŚŝůůƐWĂƌŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞͬ,ŽƚͲŝŶͲƉůĂĐĞ
&ŽƐƐŝůƌĞĞŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
&ŽƵƌ^ĞĂƐŽŶƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞ
'ŽůĚŝŶŐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ^ůƵƌƌLJ
^ƚƌĞĞƚDĂŝŶƚĞŶĂŶĐĞWƌŽŐƌĂŵWƌŽũĞĐƚƐ
ϮϬϭϮͲϮϬϭϰ
WƌŽũĞĐƚEĂŵĞ ĞƐĐƌŝƉƚŝŽŶ zĞĂƌŽŵƉůĞƚĞĚͬWůĂŶŶĞĚ dƌĞĂƚŵĞŶƚ
:&< :&<WŬǁLJ͕͘,ŽƌƐĞƚŽŽƚŚZĚ͘ƚŽ,ĂƌŵŽŶLJZĚ͘ ϮϬϭϯ KǀĞƌůĂLJ
<ĞĐŚƚĞƌZĚ͘ <ĞĐŚƚĞƌZĚ͕͘ĂŶĚ^ƚƌĂƵƐƐĂďŝŶZĚ͘ ϮϬϭϯ ,ŽƚͲŝŶͲƉůĂĐĞ
>ĂŬĞ^ŚĞƌǁŽŽĚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ,ŽƚͲŝŶͲƉůĂĐĞ
>ĂŶĚŝŶŐƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
>ĂƉŽƌƚĞϭ >ĂƉŽƌƚĞǀĞ͕͘dĂĨƚ,ŝůůZĚ͘ƚŽ^ƵŶƐĞƚ^ƚ͘ ϮϬϭϯ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
DĂƌƚŝŶĞnj ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
DĂƐŽŶ DĂƐŽŶ^ƚ͕͘>ĂƵƌĞů^ƚ͘ƚŽŚĞƌƌLJ^ƚ͘ ϮϬϭϯ KǀĞƌůĂLJ
DĐůĞůůĂŶĚ DĐůĞůůĂŶĚƌ͕͘ƌĂŬĞZĚ͘ƚŽ,ŽƌƐĞƚŽŽƚŚZĚ͘ ϮϬϭϯ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
DƵůďĞƌƌLJ DƵůďĞƌƌLJ^ƚ͕͘^ŚŝĞůĚƐ^ƚ͘ƚŽtŚŝƚĐŽŵď^ƚ͘ ϮϬϭϯ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
KǀĞƌůĂŶĚ KǀĞƌůĂŶĚdƌů͕͘DƵůďĞƌƌLJ^ƚ͘ƚŽƌĂŬĞZĚ͘ ϮϬϭϯ ,K
WŽƌƚŶĞƌ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ZĞŵŝŶŐƚŽŶ ZĞŵŝŶŐƚŽŶ^ƚ͕͘DŽƵŶƚĂŝŶ^ƚ͘ƚŽKůŝǀĞ^ƚ͘ ϮϬϭϯ KǀĞƌůĂLJ
^ŚĞŶĂŶĚŽĂŚϭ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
^ŬLJǀŝĞǁ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ KǀĞƌůĂLJ
^ŽƵƚŚ'ůĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞͬ^ůƵƌƌLJ
^ƵŶƐƚŽŶĞsŝůůĂŐĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞͬKǀĞƌůĂLJ
dĂĨƚ,ŝůů dĂĨƚ,ŝůůZĚ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽŽLJŽƚĞZŝĚŐĞdƌĂŝů ϮϬϭϯ ,ŽƚͲŝŶͲƉůĂĐĞ
tƌĂŬĞZĚ ƌĂŬĞZĚ͕͘ƚŽDĐůĞůůĂŶĚƌ͘ƚŽ,ŽƌƐĞƚŽŽƚŚƌ͘ ϮϬϭϯ KǀĞƌůĂLJ
t ůŝnjĂďĞƚŚ ůŝnjĂďĞƚŚ^ƚ͕͘KǀĞƌůĂŶĚdƌů͘ƚŽdĂĨƚ,ŝůůZĚ͘ ϮϬϭϯ KǀĞƌůĂLJͬZĞĐŽŶ
tĞƐƚďƵƌLJ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞͬKǀĞƌůĂLJ
tĞƐƚĨŝĞůĚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞͬKǀĞƌůĂLJͬ^ůƵƌƌLJ
tĞƐƚŐĂƚĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϯ ĂƉĞͬZĞĐŽŶͬ^ůƵƌƌLJ
ŝĞŐůĞƌϭ ŝĞŐůĞƌZĚ͕͘,ŽƌƐĞƚŽŽƚŚZĚ͘ƚŽ'ƌĂŶĚdĞƚŽŶWů͘ ϮϬϭϯ KǀĞƌůĂLJ
ƉƉůĞǁŽŽĚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
ƌŽǁŶ&Ăƌŵ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ĂƉĞ
ƵĐŬŝŶŐŚĂŵ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ĂƉĞ
ƵƐĐŚ 'ŝĚĚŝŶŐƐZĚ͕͘ZŝĐŚĂƌĚ>ĂŬĞZĚ͕͘ƵƐĐŚƌ͘ ϮϬϭϮ ,K
ƌĂŬĞ ƌĂŬĞZĚ͕͘ƵŶďĂƌǀĞ͘ƚŽDĞĂĚŽǁůĂƌŬǀĞ͘ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
ƵŶďĂƌ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ůŝnjĂďĞƚŚ ůŝnjĂďĞƚŚ^ƚ͕͘ZĞŵŝŶŐƚŽŶ^ƚ͘ƚŽ^ƚŽǀĞƌ^ƚ͘ ϮϬϭϮ KǀĞƌůĂLJ
WƌŽƐƉĞĐƚ WƌŽƐƉĞĐƚZĚ͕͘/ͲϮϱŽĨĨƌĂŵƉƚŽZϱ ϮϬϭϮ ,K
ǀĞƌŐƌĞĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
ǀĞƌŐƌĞĞŶWĂƌŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
&ŽƐƐŝů>ĂŬĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ĂƉĞ
&Ždž,ŝůů ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ZĞĐŽŶͬ,ŽƚͲŝŶͲƉůĂĐĞ
'ůĞŶŵŽŽƌ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
,ĂŵƉƐŚŝƌĞ^ƋƵĂƌĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
:ŽŚŶ&͘<ĞŶŶĞĚLJ ,ŽƌƐĞƚŽŽƚŚZĚ͘ƚŽDŽŶƌŽĞƌ͘ ϮϬϭϮ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
>ĞŵĂLJ >ĞŵĂLJǀĞ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽtŚĞĂƚŽŶƌ͘ ϮϬϭϮ KǀĞƌůĂLJ
DŝƌĂŵŽŶƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ZĞĐŽŶͬĂƉĞ
DŽƵŶƚĂŝŶsŝƐƚĂ DŽƵŶƚĂŝŶsŝƐƚĂƌ͘ĂŶĚdƵƌŶďĞƌƌLJZĚ͘ ϮϬϭϮ ,K
WĂƌŬǁŽŽĚ ĂƐƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
WƌŽƐƉĞĐƚϮ WƌŽƐƉĞĐƚZĚ͕͘KǀĞƌůĂŶĚdƌů͘ƚŽdĂĨƚ,ŝůůZĚ͘ ϮϬϭϮ KǀĞƌůĂLJ
ZĞŵŝŶŐƚŽŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
^>ĞŵĂLJ >ĞŵĂLJǀĞ͕͘dƌŝůďLJZĚ͘ƚŽDƵŝƌĨŝĞůĚtĂLJ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
^dĂĨƚ,ŝůů dĂĨƚ,ŝůůZĚ͕͘ƌĂŬĞZĚ͘ƚŽƌŽŶƐŽŶ^ƚ͘ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
^ŽƵƚŚ'ůĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
^ŽƵƚŚƌŝĚŐĞ'ƌĞĞŶƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
^ƉƌŝŶŐƌĞĞŬsŝůůĂŐĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
^ƵŶƐƚŽŶĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
dĂĨƚ,ŝůů dĂĨƚ,ŝůůZĚ͕͘ƌŽŶƐŽŶ^ƚ͘ƚŽ,ŽƌƐĞƚŽŽƚŚZĚ͘ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
dŝŵďĞƌůŝŶĞZĚ͘ dŝŵďĞƌůŝŶĞZĚ͕͘ĂƌƉĞŶƚĞƌZĚ͘ƚŽDĂũĞƐƚŝĐƌ͘ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
dƌŝůďLJ dƌŝůďLJZĚ͕͘WŽƌƚŶĞƌZĚ͘ƚŽdŚŽŵƉƐŽŶƌ͘ ϮϬϭϮ KǀĞƌůĂLJ
tŚĂůĞƌƐŽǀĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
tŝůĚǁŽŽĚ&Ăƌŵ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ
tŝůůŽdž>Ŷ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
Packet Pg. 259
^ƚƌĞĞƚDĂŝŶƚĞŶĂŶĐĞWƌŽŐƌĂŵWƌŽũĞĐƚƐ
ϮϬϭϮͲϮϬϭϰ
WƌŽũĞĐƚEĂŵĞ ĞƐĐƌŝƉƚŝŽŶ zĞĂƌŽŵƉůĞƚĞĚͬWůĂŶŶĞĚ dƌĞĂƚŵĞŶƚ
tŽŽĚůĂŶĚWĂƌŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϮ KǀĞƌůĂLJ
ŝĞŐůĞƌ ŝĞŐůĞƌZĚ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽ<ĞĐŚƚĞƌZĚ͘ ϮϬϭϮ ,ŽƚͲŝŶͲƉůĂĐĞ
ŽĂƌĚǁĂůŬ ŽĂƌĚǁĂůŬƌ͕͘>ĂŶĚŝŶŐƐƌ͘ƚŽ,ĂƌŵŽŶLJZĚ͘ ϮϬϭϭ KǀĞƌůĂLJ
ƵĐŬŝŶŐŚĂŵ^ƚ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ,K
ŽůůĞŐĞǀĞŶƵĞ ŽůůĞŐĞǀĞ͕͘:ĞĨĨĞƌƐŽŶ^ƚ͘ƚŽDƵůďĞƌƌLJ^ƚ͘ ϮϬϭϭ KǀĞƌůĂLJ
ŽŶŝĨĞƌ ŽŶŝĨĞƌ^ƚ͕͘ŽůůĞŐĞǀĞ͘ƚŽ>ĞŵĂLJǀĞ͘ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
,ŽƌƐĞƚŽŽƚŚ ,ŽƌƐĞƚŽŽƚŚZĚ͕͘ŽůůĞŐĞǀĞ͘ƚŽdŝŵďĞƌůŝŶĞZĚ͘ ϮϬϭϭ KǀĞƌůĂLJ
͘sŝŶĞƌ͘ sŝŶĞƌ͕͘>ĞŵĂLJǀĞ͘ƚŽϭͲϮϱ ϮϬϭϭ ,K
,ĂŵƉƐŚŝƌĞ^ƋƵĂƌĞ
sĂůůĞLJ&ŽƌŐĞǀĞ͕͘,ĂŵƉƐŚŝƌĞ^ƋƵĂƌĞƚŽ,ĂŵƉƐŚŝƌĞ
ZĚ͘ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
,ĂƌŵŽŶLJƌŽƐƐŝŶŐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ^ůƵƌƌLJ
>ĞŵĂLJǀĞ͘ >ĞŵĂLJǀĞ͕͘DƵůďĞƌƌLJ^ƚ͘ƚŽsŝŶĞƌ͘ ϮϬϭϭ ,K
>ĞdžŝŶŐƚŽŶ'ƌĞĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ^ůƵƌƌLJ
>ŝŶĚĞŶ^ƚ͘ >ŝŶĚĞŶ^ƚ͕͘:ĞĨĨĞƌƐŽŶ^ƚ͘ƚŽsŝŶĞƌ͘ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
DĞĂĚŽǁůĂƌŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ^ůƵƌƌLJ
EdŝŵďĞƌůŝŶĞZĚ͘
EdŝŵďĞƌůŝŶĞZĚ͕͘DƵůďĞƌƌLJ^ƚ͘ƚŽDŽƵŶƚĂŝŶsŝƐƚĂ
ƌ͘ ϮϬϭϭ ,K
WĞŶŶŽĐŬWůĂĐĞ WĞŶŶŽĐŬWů͕͘>ĞŵĂLJǀĞ͘ƚŽtĞƐƚ ŶĚ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
WŽƌƚŶĞƌ WŽƌƚŶĞƌZĚ͕͘dƌŝůďLJZĚ͘ƚŽ ŶĚ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
WƌŽƐƉĞĐƚ WƌŽƐƉĞĐƚZĚ͕͘^ŚŝĞůĚƐ^ƚ͘ƚŽ>LJŶŶǁŽŽĚƌ͘ ϮϬϭϭ ,ŽƚͲŝŶͲƉůĂĐĞ
ZŝǀĞƌƐŝĚĞ ZŝǀĞƌƐŝĚĞǀĞ͕͘>ĞŵĂLJǀĞ͘ƚŽWƌŽƐƉĞĐƚZĚ͘ ϮϬϭϭ KǀĞƌůĂLJ
^͘>ĞŵĂLJ >ĞŵĂLJǀĞ͕͘,ŽƌƐĞƚŽŽƚŚZĚ͘ƚŽ^͘>ĞŵĂLJǀĞ͘ ϮϬϭϭ KǀĞƌůĂLJ
^ŝůǀĞƌƉůƵŵĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ^ůƵƌƌLJ
^ŽƵƚŚƌŝĚŐĞ'ƌĞĞŶƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ KǀĞƌůĂLJ
dŚƵŶĚĞƌďŝƌĚ,ĞŝŐŚƚƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ^ůƵƌƌLJ
dŝŵďĞƌƌĞĞŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϭ ^ůƵƌƌLJ
dŝŵďĞƌůŝŶĞ dŝŵďĞƌůŝŶĞZĚ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽdƌŝůďLJZĚ͘ ϮϬϭϭ ,ŽƚͲŝŶͲƉůĂĐĞ
tĞĂƚŽŶ tĞĂƚŽŶƌ͕͘>ĞŵĂLJǀĞ͘ƚŽ,ĂƌŵŽŶLJZĚ͘ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
tĞƐƚƌĂŬĞ ƌĂŬĞZĚ͕͘ŽůůĞŐĞǀĞ͘ƚŽDĞĂĚŽǁůĂƌŬǀĞ͘ ϮϬϭϭ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ŶŐůŝƐŚZĂŶĐŚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ^ůƵƌƌLJ
&ĂŝƌďƌŽŽŬĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ^ůƵƌƌLJ
&ŽŽƚŚŝůůƐ'ƌĞĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ^ůƵƌƌLJ
'ƌĞĞŶƐƚŽŶĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ^ůƵƌƌLJ
,ŽƌƐĞƚŽŽƚŚ ,ŽƌƐĞƚŽŽƚŚZĚ͕͘^ŚŝĞůĚƐ^ƚ͘ƚŽdĂĨƚ,ŝůůZĚ͘ ϮϬϭϬ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
,ŽǁĞƐ^ƚ͘ ,ŽǁĞƐ^ƚ͕͘DŽƵŶƚĂŝŶǀĞ͘ƚŽ>ĂƉŽƌƚĞǀĞ͘ ϮϬϭϬ ŽŶĐƌĞƚĞ
WĂƌĂŐŽŶWŽŝŶƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ KǀĞƌůĂLJ
^>ĞŵĂLJ >ĞŵĂLJǀĞ͕͘DƵůďĞƌƌLJ^ƚ͘ƚŽ,ŽƌƐĞƚŽŽƚŚZĚ͘ ϮϬϭϬ ,ŽƚͲŝŶͲƉůĂĐĞ
^DĂƐŽŶ DĂƐŽŶ^ƚ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽŽůůĞŐĞǀĞ͘ ϮϬϭϬ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
^ŝůǀĞƌKĂŬƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
^ŽƵƚŚƌŝĚŐĞ'ƌĞĞŶƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
^ƚĞƚƐŽŶƌĞĞŬ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
tŝůůŽǁ^ƉƌŝŶŐƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϭϬ ^ůƵƌƌLJ
ĂƐƚsŝŶĞ sŝŶĞƌ͕͘>ŝŶĚĞŶ^ƚ͘ƚŽůƚĂsŝƐƚĂ^ƚ͘ ϮϬϬϵ ,ŽƚͲŝŶͲƉůĂĐĞ
ŶŐůŝƐŚZĂŶĐŚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϵ KǀĞƌůĂLJͬ^ůƵƌƌLJ
&ĂŝƌďƌŽŽŬĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϵ ^ůƵƌƌLJ
&ŽŽƚŚŝůůƐ'ƌĞĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϵ ^ůƵƌƌLJ
:ĂŵĞƐƚ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϵ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
E>ĞŵĂLJ >ĞŵĂLJǀĞ͕͘sŝŶĞƌ͘ƚŽ&ŽƌĞƐƚ,ŝůůƐ>Ŷ͘ ϮϬϬϵ ,ŽƚͲŝŶͲƉůĂĐĞ
EŽƌƚŚďƌŽŽŬĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϵ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ZĞŵŝŶŐƚŽŶ ZĞŵŝŶŐƚŽŶ^ƚ͕͘>ŽĐƵƐƚ^ƚ͘ƚŽWƌŽƐƉĞĐƚZĚ͘ ϮϬϬϵ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ZŝĚŐĞǁŽŽĚ,ŝůůƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϵ KǀĞƌůĂLJ
ZŝǀĞƌƐŝĚĞ ZŝǀĞƌƐŝĚĞǀĞ͕͘DƵůďĞƌƌLJ^ƚ͘ƚŽ>ĞŵĂLJǀĞ͘ ϮϬϬϵ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
dƌŝůďLJ dƌŝůďLJZĚ͕͘>ĞŵĂLJǀĞ͘ƚŽ^ŽƵƚŚƌŝĚŐĞ'ƌĞĞŶƐůǀĚ͘ ϮϬϬϵ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
tĞƐƚƌĂŬĞ ƌĂŬĞZĚ͕͘dĂĨƚ,ŝůůZĚ͘ƚŽKǀĞƌůĂŶĚdƌů͘ ϮϬϬϵ ,ŽƚͲŝŶͲƉůĂĐĞ
ƌŝƚƚĂŶLJ<ŶŽůůƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ KǀĞƌůĂLJ
^ƚƌĞĞƚDĂŝŶƚĞŶĂŶĐĞWƌŽŐƌĂŵWƌŽũĞĐƚƐ
ϮϬϭϮͲϮϬϭϰ
WƌŽũĞĐƚEĂŵĞ ĞƐĐƌŝƉƚŝŽŶ zĞĂƌŽŵƉůĞƚĞĚͬWůĂŶŶĞĚ dƌĞĂƚŵĞŶƚ
,ĂƌŵŽŶLJZĚ͘ ,ĂƌŵŽŶLJZĚ͕͘hWZZdƌĂĐŬƐƚŽ^ƚƌĂƵƐƐĂďŝŶZĚ͘ ϮϬϬϴ ,ŽƚͲŝŶͲƉůĂĐĞ
͘^ĂƚƵƌŶƌ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ KǀĞƌůĂLJ
>ĂŶĐĞƌƌ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ KǀĞƌůĂLJ
>ĂƌŬďŽƌŽƵŐŚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ^ůƵƌƌLJ
ZĞŵŝŶŐƚŽŶ^ƚ͘ ZĞŵŝŶŐƚŽŶ^ƚ͕͘WƌŽƐƉĞĐƚZĚ͘ƚŽ^ƉƌŝŶŐWĂƌŬƌ͘ ϮϬϬϴ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
^>ĞŵĂLJǀĞ͘ >ĞŵĂLJǀĞ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽDƵŝĨŝĞůĚtĂLJ ϮϬϬϴ ,ŽƚͲŝŶͲƉůĂĐĞ
^dŝŵďĞƌůŝŶĞZĚ dŝŵďĞƌůŝŶĞZĚ͕͘sĞƌŵŽŶƚƌ͘ƚŽ,ĂƌŵŽŶLJZĚ͘ ϮϬϬϴ ,ŽƚͲŝŶͲƉůĂĐĞ
^ƚŽǀĞƌ^ƚ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
dĞŶƚŚ'ƌĞĞŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ^ůƵƌƌLJ
sŝůůĂŐĞtĞƐƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ KǀĞƌůĂLJ
tĂƌƌĞŶ&ĂƌŵƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
tĞƐƚDƵůďĞƌƌLJ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
tŝůĚǁŽŽĚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ^ůƵƌƌLJ
tŽŽĚǁĞƐƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϴ ^ůƵƌƌLJ
DƵůďĞƌƌLJ^ƚ͘ DƵůďĞƌƌLJ^ƚ͕͘ŽůůĞŐĞǀĞ͘ƚŽZŝǀĞƌƐŝĚĞǀĞ͘ ϮϬϬϳ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ĂƐƚĚĂůĞƌ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
WĂƌŬĞƌƌĞĂ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ ^ůƵƌƌLJ
^ƚĂĚŝƵŵ,ĞŝŐŚƚƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ ^ůƵƌƌLJ
WĂƌŬǁŽŽĚ ĂƐƚƌĞĂ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ KǀĞƌůĂLJ
tŽŽĚtĞƐƚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ ^ůƵƌƌLJ
DĂŶŚĂƚƚĂŶǀĞ͘
DĂŶŚĂƚƚĂŶǀĞ͕͘,ŽƌƐĞƚŽŽƚŚZĚ͘ƚŽdƌŽƵƚŵĂŶ
WŬǁLJ͘ ϮϬϬϳ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
>ĂŶĚŝŶŐƐƌĞĂ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
&ŽdžDĞĂĚŽǁƐƌĞĂ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ KǀĞƌůĂLJ
ŝŐŚŽƌŶZĚ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ KǀĞƌůĂLJ
,ĂƌŵŽŶLJZĚ͘ ,ĂƌŵŽŶLJZĚ͕͘dĂĨƚ,ŝůůZĚ͘ƚŽ^ĞŶĞĐĂ^ƚ͘ ϮϬϬϳ ,ŽƚͲŝŶͲƉůĂĐĞ
dŚĞKǀĞƌůŽŽŬĂƚtŽŽĚƌŝĚŐĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϳ KǀĞƌůĂLJ
ŽĂƌĚǁĂůŬƌ͘ ŽĂƌĚǁĂůŬƌ͕͘,ĂƌŵŽŶLJZĚ͘ƚŽ>ĞŵĂLJǀĞ͘ ϮϬϬϳ ,ŽƚͲŝŶͲƉůĂĐĞ
KĂŬƌŝĚŐĞƌ͘ KĂŬƌŝĚŐĞƌ͕͘ŽĂƌĚǁĂůŬƌ͘ƚŽ>ĞŵĂLJǀĞ͘ ϮϬϬϳ ,ŽƚͲŝŶͲƉůĂĐĞ
^ŽƵƚŚŽůůĞŐĞ,ĞŝŐŚƚƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ^ůƵƌƌLJ
&ŽdžZƵŶ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ^ůƵƌƌLJ
,ĂŵƉƐŚŝƌĞWŽŶĚ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ^ůƵƌƌLJ
^LJĐĂŵŽƌĞĂŶĚ ůŵ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ^ůƵƌƌLJ
&ĂŝƌǀŝĞǁ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ^ůƵƌƌLJ
&ŽƵƌ^ĞĂƐŽŶƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ^ůƵƌƌLJ
tĂƐŚŝŶŐƚŽŶǀĞ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
>ĂƵƌĞů^ƚ͘ >ĂƵƌĞů^ƚ͕͘ŽůůĞŐĞǀĞ͘ƚŽtĂƐŚŝŶŐƚŽŶ^ƚ͘ ϮϬϬϲ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
KĂŬ^ƚ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
KůŝǀĞ^ƚ͘ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
ŽůŝŶĚĂůĞ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
dŚĞ'ĂƚĞƐ ZĞƐŝĚĞŶƚŝĂůƌĞĂ ϮϬϬϲ ZĞĐŽŶƐƚƌƵĐƚŝŽŶ
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Packet Pg. 262
Attachment14.1: Project History List (2743 : Ballot - Street Maintenance Program)
1
Street Maintenance ¼ Cent Tax
Renewal
ATTACHMENT 2
Packet Pg. 263
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
2
Background
§ Our street system is our largest and most costly
investment.
§ Includes 1,901 lane miles and 850 miles of sidewalks.
§ In an average year 135 lane miles are repaired.
Packet Pg. 264
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
3
Background
§ City strives to maintain streets at level “B”=GOOD
§ $15 Million annually spent on street repair.
§ Repair and preventative maintenance on our streets
extends the street life and costs 6-8x less than waiting
until conditions degenerate to POOR.
Packet Pg. 265
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
4
Good Roads Cost Less to Maintain
Packet Pg. 266
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
5
The Difference Between:
Before & After
Packet Pg. 267
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
6
The Difference Between:
Before & After
Packet Pg. 268
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
7
Arterial and Residential Streets
Recent Residential Improvements Include:
• Andersonville (2014)
• Sunstone Village (2013)
• East Elizabeth (2012)
Recent Arterial Improvements include:
• Shields Street (2014)
• Drake Road (2013)
• College Avenue (2012) *w/ CDOT
Packet Pg. 269
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
8
Current Street Maintenance Tax
• Expires December 2015
• Almost half of program’s funding ($6.5 M) comes
from ¼ cent tax
Packet Pg. 270
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
9
1/4 Cent Revenue,
$6,451,585 ,
43%
General
Fund,
$1,654,826 ,
11%
Keep Fort Collins
Great, $6,950,942 ,
46%
2014 SMP Funding Sources
Packet Pg. 271
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
10
415
421
437
463
472
476
485
492
500 502
540 540 540
551
400
420
440
460
480
500
520
540
560
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Center Line Miles
Growth in Fort Collins
Road Miles 2000-2013
Packet Pg. 272
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
11
$7.10
$13.59 $14.80
$15.20 $15.10 $15.40
$8.80 $8.99 $8.99 $8.99 $8.99
$0
$10
$20
$30
$40
$50
50
55
60
65
70
75
80
2010 2011 2012 2013 2014* 2015* 2016* 2017* 2018* 2019* 2020*
Funding in Millions of Dollars
Pavement Condition Index (PCI)
Funding and Pavement
Condition Index (PCI)
Total Funding Continued Funding with 1/4 Cent Sales Tax Current Funding without 1/4 Cent Sales Tax
*Projected
Packet Pg. 273
Attachment14.2: Powerpoint presentation (2743 : Ballot - Street Maintenance Program)
- 1 -
RESOLUTION 2015-013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY
AT THE APRIL 7, 2015 REGULAR CITY ELECTION
THE QUESTION OF THE EXTENSION OF THE EXPIRING QUARTER-CENT
SALES AND USE TAX USED TO FUND
THE CITY'S STREET MAINTENANCE PROGRAM
WHEREAS, the City of Fort Collins has enacted a comprehensive sales and use tax,
which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins;
and
WHEREAS, the amount of such tax presently imposed by the Code, as contained in
Section 25-75(a) thereof, includes a twenty-five hundredths percent (0.25%) tax (the “Existing
Tax”) approved by the voters of the City on April 5, 2005, to fund the City’s street maintenance
program; and
WHEREAS, the City’s street maintenance program pays the costs of planning, design,
right-of-way acquisition, incidental upgrades and other costs associated with the repair and
renovation of City streets, including, without limitation, curbs, gutters, bridges, sidewalks,
parkway shoulders and medians (the “Street Maintenance Program”); and
WHEREAS, the Existing Tax will expire at midnight at the end of December 31, 2015;
and
WHEREAS, the City Council has directed City staff to propose ballot language for
placing a proposed extension of the Existing Tax to continue funding the Street Maintenance
Program on the ballot at the upcoming regular City election on April 7, 2015; and
WHEREAS, the Street Maintenance Program provides funding for the repair, renovation
and reconstruction of the City's street system which encompasses approximately 575 centerline
miles of arterials, collectors and residential streets and approximately 135 lane miles of these
streets are improved each year; and
WHEREAS, the Existing Tax is currently one of four sources for fully funding such
repairs and reconstruction and constitutes the single largest source of funding for the Program;
and
WHEREAS, by continuing this dedicated funding source, separate from the General
Fund, the City is not only able to provide a higher level of maintenance for City streets, but is
also able to obtain assistance in funding the Street Maintenance Program from non-City residents
that use the City's street system; and
WHEREAS, the Council believes it to be in the best interests of the residents of the City
to extend the Existing Tax for the Street Maintenance Program for a period of ten (10) years.
Packet Pg. 274
- 2 -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that there is hereby submitted to the registered electors of the City at the next
regular City election to be held on April 7, 2015, the question of whether to extend the Existing
Tax for the City's Street Maintenance Program for a period of ten (10) years, which question
shall be submitted in substantially the following form:
BALLOT ISSUE NO. __
A City-initiated Question
WITHOUT RAISING ADDITIONAL TAXES, SHALL THE CITY’S EXISTING 0.25%
SALES AND USE TAX (25 CENTS ON A $100 PURCHASE) APPROVED BY THE
VOTERS IN 2005 FOR THE STREET MAINTENANCE PROGRAM BE EXTENDED FROM
ITS CURRENT EXPIRATION AT THE END OF DECEMBER 31, 2015, THROUGH THE
END OF DECEMBER 31, 2025; PROVIDED THAT THE REVENUES DERIVED FROM
SUCH TAX EXTENSION SHALL BE USED TO PAY THE COSTS OF PLANNING,
DESIGN, RIGHT-OF-WAY ACQUISITION, INCIDENTAL UPGRADES AND OTHER
COSTS ASSOCIATED WITH:
● THE REPAIR AND RENOVATION OF CITY STREETS, INCLUDING, BUT NOT
LIMITED TO, CURBS, GUTTERS, BRIDGES, SIDEWALKS, PARKWAYS,
SHOULDERS AND MEDIANS;
AND FURTHER PROVIDED THAT THE FULL AMOUNT OF REVENUES DERIVED
FROM THE TAX EXTENSION MAY BE RETAINED AND EXPENDED BY THE CITY
NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION,
INCLUDING, BUT NOT LIMITED TO, THE LIMITATION CONTAINED IN ARTICLE X,
SECTION 20 OF THE COLORADO CONSTITUTION?
____ YES
____ NO
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of January, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 275
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
Janet Miller, Human Resources Director
SUBJECT
First Reading of Ordinance No. 011, 2015, Submitting to a Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to Article XIII of the City Charter Pertaining to the Definition of "Service Area".
EXECUTIVE SUMMARY
The purpose of this item is to propose an amendment to the City Charter definition of "Service Area" that, if
approved by voters, would correct the Charter definition of “Service Area” to conform to other Charter
references providing that City Council shall designate Service Areas via ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Article XIII of the City Charter currently defines "Service Area" as a major City administrative unit headed by a
director who, regardless of title, is directly responsible to the City Manager. If approved, the proposed Charter
Amendment makes the “service area” definition consistent with other existing provisions in the Charter that
specify that the City Council designates service areas by ordinance. As organizational changes are made, the
revised definition of “service area” will eliminate ambiguity regarding what is intended to be required in the
Charter.
ATTACHMENTS
1. Powerpoint presentation (PDF)
Packet Pg. 276
1
Proposed Charter Amendment
Definition of “Service Area”
January 20, 2015
Ordinance No. 011, 2015
ATTACHMENT 1
Packet Pg. 277
Attachment15.1: Powerpoint presentation (2755 : Charter Amendment-Service Area Definition)
2
Current Charter Language
• ARTICLE II, Section 5(b)
– City Council has power to “establish, change,
consolidate or abolish administrative offices,
services areas or agencies by ordinance, upon
report and recommendation of the City Manager”
• ARTICLE IV, Section 2
– Administrative branch of city government
“composed of the offices, service areas and
agencies by ordinance upon report and
recommendation by City Manager”
Packet Pg. 278
Attachment15.1: Powerpoint presentation (2755 : Charter Amendment-Service Area Definition)
3
Current Charter Language
• ARTICLE XIII. DEFINTIONS - “Service Area”
Definition
“A major city administrative unit headed by a
director who, regardless of title, is directly
responsible to the City Manager”
Packet Pg. 279
Attachment15.1: Powerpoint presentation (2755 : Charter Amendment-Service Area Definition)
4
Ballot Language for
Proposed Amendment
• Shall the definition of “service area” in Article XIII
of the Fort Collins City Charter be amended to
state that “service area” means a major city
administrative unit designated as a service area
by the City Council by ordinance?
• ____Yes
• ____ No
Packet Pg. 280
Attachment15.1: Powerpoint presentation (2755 : Charter Amendment-Service Area Definition)
5
Proposed Amendment
• If approved, aligns the “Service Area” definition
with existing Charter provisions that allow City
Council to designate “Service Areas” via
Ordinance
Packet Pg. 281
Attachment15.1: Powerpoint presentation (2755 : Charter Amendment-Service Area Definition)
- 1 -
ORDINANCE NO. 011, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
OF FORT COLLINS A PROPOSED AMENDMENT TO ARTICLE XIII OF THE CITY
CHARTER PERTAINING TO THE DEFINITION OF “SERVICE AREA”
WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”)
provides that the Charter may be amended as provided by the laws of the State of Colorado; and
WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter
amendments may be initiated by the adoption of an ordinance by the City Council submitting a
proposed amendment to a vote of the registered electors of the City of Fort Collins; and
WHEREAS, Article XIII of the Charter contains a definition of “service area;” and
WHEREAS, Article II, Section 5(b) of the Charter says that the City Council has the
power to establish, change, consolidate or abolish service areas by ordinance; and
WHEREAS, Article IV, Section 2 of the Charter says that the administrative branch of
the city government shall be composed of the offices, service areas and agencies established by
ordinance upon report and recommendation of the City Manager; and
WHEREAS, City Council believes that it will reduce the potential for confusion to
amend the “service area” definition in Article XIII to make it consistent with provisions of the
Charter providing a service area is a major administrative unit designated as such by the City
Council by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following proposed changes to Article XIII of the City Charter
shall be submitted to the registered electors of the City as “Proposed Charter Amendment No.
___” at the regular municipal election to be held on Tuesday, April 7, 2015:
ARTICLE XIII.
DEFINITIONS
. . .
"Service area" means a major city administrative unit designated as a service area by the
City Council by ordinance headed by a director who, regardless of title, is directly
responsible to the City Manager.
. . .
Packet Pg. 282
- 2 -
Section 2. That the following ballot language is hereby adopted for submitting
Proposed Charter Amendment No. ___ to the voters at said election:
CITY-INITIATED
PROPOSED CHARTER AMENDMENT NO. ___
Shall the definition of “service area” in Article XIII of the Fort Collins
City Charter be amended to state that “service area” means a major city
administrative unit designated as a service area by the City Council by
ordinance?
______Yes
______No
Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2015, and to be presented for final passage on the 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 3rd day of February, A.D. 2015.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 283
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY January 20, 2015
City Council
STAFF
John Phelan, Energy Services Manager
SUBJECT
First 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.
EXECUTIVE SUMMARY
The purpose of this item is to amend 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. An update on the administrative elements of the program is provided.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The purpose of the On-Bill Financing (OBF) 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 OBF program was
established by Ordinance No. 033-2012 which revised language in Chapter 26 of the Municipal Code to enable
Utilities to provide financing and on-bill servicing of loans for energy efficiency, water efficiency and renewable
energy projects.
The OBF program was launched in January 2013, and was reviewed by Council in August 2013 and October
2014 to understand results to date and determine next actions in managing the OBF program’s performance.
City Council’s feedback at the fall 2014 work session indicated general support for the OBF program
improvements and schedule presented by staff.
Existing Program Development and Characteristics
The OBF program was developed collaboratively by Utilities (Energy Services and Customer Finance (billing)),
City Finance, and the City Attorney’s Office with assistance from the consulting firm Harcourt, Brown and
Carey. The program was modeled after successful programs and is most succinctly described as a traditional
loan program which is serviced by Utilities on customer’s monthly bills. The development process included
feedback from the Energy and Water Boards and local stakeholder groups. Customers qualify based on their
bill payment history and credit score, eligible projects are defined by Utilities incentive programs, and the loans
are secured via a deed of trust recorded with Larimer County.
Packet Pg. 284
Agenda Item 17
Item # 17 Page 2
The Code changes adopted by Council authorize Utilities to provide financing services to meet the program
deliverables. A key element of the program is that the loan payments are treated like any other element of a
customer’s bill (e.g., electricity, water, wastewater and stormwater). With such treatment, loan payments are
not differentiated from other services. Utilities normal and customary practices for non-payment apply, up to
and including service disconnection. Utilities also has established rights under City Code for collection of any
past due amounts at a property’s time of sale, also known as the “perpetual lien” ordinance.
The program uses pre-existing standard capabilities of the Utilities billing system; no customization of the
system was required (see below for pending updates). Customer qualification and loan closing services are
provided in partnership with a third party financial partner, EnergySmart Partners LLC. EnergySmart Partners
is a subsidiary of the non-profit Funding Partners, a local Fort Collins Community Development Financial
Institution. The interest rate range is defined in Utilities’ residential rate ordinances. The City Finance
Department developed a set of rules and regulations for administrative implementation of the OBF program.
The OBF capital comes from Electric and Water Utility reserve funds, determined by the project type. The
funding is a “balance sheet transaction,” where the funds are accounted for by moving from reserves to
accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has
authorized Utilities for a maximum outstanding balance of $800,000 for the loan program. Should demand for
financing reach this limit, Council authorization is required for additional funding.
Program information, including details on customer and project eligibility, qualifications and loan terms can be
found at fcgov.com/financing.
2015 Program Revisions
A team comprised of staff from Utilities Energy Services, Customer Finance (utility billing), City Finance and IT,
with support from the City Attorney’s Office, developed a set of recommendations for revisions to the current
program. The recommendations were reviewed by Council in a work session on October 28, 2014 and
subsequently by the Council Finance Committee on November 17, 2014 (summaries in attachments). The
objectives of these changes are to:
Simplify the application and program processes
Improve the loan terms, and
Revise the structure to address residential rental and business lease properties.
It is important to note several key aspects of the recommended revisions.
The revisions are interrelated, at times, in complex ways. The eligibility and qualification of customers
and measures, the legal aspects of recording and administration, billing system capabilities, energy
savings and loan terms all impact each other.
Actions required to implement the recommendations include those that require Council action and
those that can be implemented administratively through the program rules and regulations.
Per the Council Finance Committee direction, the Program Financial Rules and Regulations note that
the guidance for the annual selection of interest rates is intended to reflect the City’s cost of capital
minus 100-200 basis points.
The recommendation for maximum loan term is 15 years. This value is based primarily on two factors.
First is that 15 years is the norm for benchmark comparison programs representing industry best
practices. The second is that the measure life for mechanical systems (e.g. furnaces and air
conditioning) is typically set at 15 years. However, a longer term, up to 20 years, may be appropriate
for certain measures with very long lifetime. These would include insulation, air sealing and windows.
A longer term would reduce monthly payments, and could qualify additional projects to be bill neutral.
Staff recommends that this topic be included for review when the rental and lease provisions of the
program are implemented in January 2016.
Packet Pg. 285
Agenda Item 17
Item # 17 Page 3
Program Revisions
Attribute Revisions and Notes Date
Interest Rates Allowable range from 2.5-10% per proposed rate ordinance
2015 rate at 4% per proposed financial rules and regulations
Feb 2015
Customer
qualification
Minimum six months bill payment history Credit score minimum
of 640
Feb 2015
Fees Fees are cost based for services 2015 fees of $25 for
application, $150 for closing, $11 for recording
Feb 2015
Recording UCC filing recorded with Larimer County Feb 2015
Loan term 5, 7, 10 or 15 years Selected by applicant Feb 2015
Customer
eligibility
Loans for small business customers (owner) April 2015
Rental and
lease
properties
Loans on tenant bills for residential rentals and commercial
leased properties (pending billing system customization)
Jan 2016
FINANCIAL / ECONOMIC IMPACTS
Council authorized a maximum outstanding loan fund of $800,000 through prior BFO offers and subsequent
clarification of balance sheet reserve funding. As of October 15, 2014, $145,000 has been provided to
customers for efficiency projects through the OBF program.
The On-Bill Financing program element will add to the positive economic impact of the Efficiency Works Home
Program. There are currently 24 participating contractors working with the program. Retrofit projects in 2014
represented an investment (by homeowners, supported by rebates) of approximately $1.5M towards improving
existing home efficiency. Utility bill savings from improved homes also results in additional spending on local
goods and services.
ENVIRONMENTAL IMPACTS
The On-Bill Financing Program supports the City’s goals for energy use reduction through efficiency, carbon
emissions reduction from improving the efficiency of the built environment and increasing local renewable
energy production. Homes are seeing 5-50% (15% on average) energy reductions as a result of improvements
made through the Efficiency Works Home Program. On-bill financing is incorporated as an integral offering of
the Efficiency Works Home program materials and marketing.
The Efficiency Works Home Program also directly addresses indoor environmental air quality. The audit,
installation standards and project verification testing specifically address combustion safety of natural gas
appliances and educate homeowners on other aspects of indoor air quality.
BOARD / COMMISSION RECOMMENDATION
At its January 8, 2015 meeting, the Energy Board approved a motion recommending City Council adoption of
the ordinance being presented for first reading on January 20, 2015 amending the City Code to modify on-bill
utility financing terms and allow for on-bill utility financing of business customers.
The Water Board will discuss this topic at its January 15 meeting. Minutes from that discussion will be
provided in the January 20 Read-Before packet.
PUBLIC OUTREACH
A public forum to gather feedback on the recommendations was held October 16, 2014 at the Senior Center.
The forum was coordinated with community stakeholders, including the Community for Sustainable Energy.
Packet Pg. 286
Agenda Item 17
Item # 17 Page 4
Second Reading of this Ordinance is scheduled for February 17, 2015, in order to allow for publication and
mailing of notice of this change to out-of-city customers.
ATTACHMENTS
1. Work Session Summary Oct 28, 2014 (PDF)
2. Council Finance Committee minutes, November 17, 2014 (PDF)
3. Energy Board minutes, January 8, 2015 (draft) (PDF)
4. Powerpoint presentation (PDF)
Packet Pg. 287
ATTACHMENT 1
Packet Pg. 288
Attachment16.1: Work Session Summary Oct 28, 2014 (2788 : On-Bill Utility Financing Code Amendments)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Audit & Finance Committee
Minutes
11/17/14
10:00 a.m. to 11:30 p.m.
CIC Room
Council Attendees: Ross Cunniff, Bob Overbeck, Mayor Karen Weitkunat
Staff: Darin Atteberry, Mike Beckstead, Josh Birks, Carrie Daggett,
John Duval, Kevin Gertig, Jeff Mihelich, John Phelan, Lance
Smith, Ellen Switzer, Tom Leeson, John Voss, Katie Wiggett
Others: Kevin Jones, Chamber
Mike Beckstead suggested that the final item on the Council Finance Committee be postponed if time
ran short in order to ensure that the URA meeting could be held. The committee agreed to close the
Council Finance meeting before hearing the last item and reopen the Council Finance meeting if time
allowed.
Approval of the Minutes
Ross Cunniff moved to approve the minutes from the October 20 meeting. Bob Overbeck seconded the
motion. Minutes approved unanimously.
On Bill Financing (OBF) Interest Rates
John Phelan explained that the purpose of this presentation is to follow up on the October 28 Work
Session discussion. Staff is presenting a set of recommendations for revisions to Utilities On-Bill
Financing (aka Home Efficiency Loan Program) and is seeking agreement and director for the following:
1. The allowable range of interest rates which will be included in the rate ordinances updates for
the affected customer classes and service types
2. Guidelines for the selection of an annual interest rate
3. Direction for the setting of 2015 interest rates
Currently, the allowable range of interest rates is set within each utility service type rate ordinance.
The program rules call for an interest rate to be set for the following calendar year by the financial
officer; this rate is intended to be fixed for the calendar year. Individual loan rates are fixed for the term
of the loan. In 2013, the rate ordinance range was “prime plus 2% to 5%”; in 2014, the rate ordinance
range was simplified to 5-10%.
John showed a program comparison chart featuring leading OBF programs. He concluded that the data
primarily demonstrated that the interest rate does not necessarily drive the success of a OBF program,
because successful programs had both low and moderate interest rates. Ross Cunniff asked which of the
programs compared were most similar to the City’s. John answered that the Clean Energy Works
Oregon was the most similar; however, all the programs were very distinct and not directly comparable.
Bob Overbeck suggested adding a column for loan sizes.
ATTACHMENT 2
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Attachment16.2: Council Finance Committee minutes, November 17, 2014 (2788 : On-Bill Utility Financing Code Amendments)
2
John went on to explain the key considerations for setting interest rates:
1. The Utilities anticipated “cost of capital”
2. Market rates for alternative investments of reserves
3. Possible use of third party capital in the future
4. Other City programs which offer loans (e.g. historic preservation, radon)
5. Participation targets related to Climate Action Plan and Energy Policy
6. Simple and predictable for clarity of outreach and administration
Concerning the “cost of capital” consideration, Mike Beckstead explained that these would likely be
taxable bonds due to the use of the funds; therefore, the current estimate for borrowing is between 5-
5.25%. Loaning at less than the cost of capital would mean the City would bear a portion of the cost of
financing if borrowed funds were used. As an example, for each $10M borrowed and each 100 basis
point spread between borrowing and lending, the cost to the City is approximately $900K. As a further
example, if $10M were borrowed at 5.5% to support home energy improvements as part of Climate
Action Planning and loaned at 1.5% the cost of financing born by the City would be approximately
$3.6M. Bob noted that the City budgets for outcomes and the City may choose to budget money to
cover the cost of a lower interest rate in order to achieve the desired outcome. What Council needs to
determine is how much difference from cost of capital the City would be willing to fund. Bob suggested
encouraging residents to participate by making the rate the market rate minus 100 to 200 basis points.
Ross agreed that this was a possibility, but noted that such a discounted rate would need to be
budgeted for.
Staff recommends establishing the allowable range of interest rates in the rate ordinance at 2.5-10%.
Staff also recommends that the OBF Rules and Regulations reference the key considerations noted
above.
Staff also recommends the City Financial Director set the annual interest for loans over the next year at
the City’s cost of capital less 100 to 200 basis point.
Council Finance agrees with staff’s recommendations.
Options for Street Lighting
Lance Smith noted that Staff has brought forward an ordinance to revise City Code to specify that the
operation and maintenance of the street lighting system is an in kind payment by the Light and Power Fund
in lieu of franchise fees. The ordinance does not change the existing practice or policy. The ordinance was
originally voted down (3-3) on October 28, 2014 but then passed 4-2 on reconsideration that same night.
Council asked that the item be discussed at Council Finance before second reading which is scheduled for
November 18, 2014, but will likely be postponed until December 16.
Lance explained that there are two options for paying for Street Lighting Costs. In Option 1, Utilities would
increase L&P’s PILOT to 7.2% and adjust rates down to be cost neutral to rate payers. In Option 2, Council
passes Ordinance 146, 2014 to codify the intent of the 1986 ordinance and the practice of the past 28 years.
Both Options are common utility practices. Lance pointed out that Option 1 is cost neutral to the General
Fund and the 7.2% PILOT is reasonable compared with other municipalities though high compared with an
investor owned utility.
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Attachment16.2: Council Finance Committee minutes, November 17, 2014 (2788 : On-Bill Utility Financing Code Amendments)
Excerpt from Unapproved January 8, 2015 Energy Board Minutes
On-Bill Financing City Code Amendments and Program Revisions
(Attachments available upon request)
The Home Efficiency Loan Program ─ consisting of loans for energy efficiency, renewable
energy and water service line repair ─ started January 2013 and was revised January 2014.
Single family and town homes are eligible. Rental properties are eligible; owner makes loan
payments. Monthly payments are listed on customers’ utility bills along with other services.
The existing program bases qualification on bill payment history and credit score; has an interest
rate of 5% or 6%, term of five, seven, or 10 years; is recorded with a Deed of Trust. Project
scope is determined by the customer; most are insulation and air-sealing, furnaces, air
conditioning, windows, and water service line repair.
The revised program consists of code amendments to revise allowable interest rate range (2.5 to
10%), revise fee language to refer to Rules and Regulations, and add loan language to small
business rate classes. Rules and Regulations revisions include extending the allowable term to 15
years, single credit score threshold, and changing to Uniform Commercial Code (UCC) filing for
recording to streamline the application process. Other similar programs with UCC filing have an
extremely low default rate.
Timeline for the revised program: revised residential program parameters in February, loan
program available to small business customers in April, and rental and lease property customer
billing enabled in January 2016. Interest rate proposed for 2015 is 4%. The revised program
features an extended term and lower interest rate.
Discussion Highlights
A board member inquired whether homeowners have to pay off their loans if they sell
their house. Mr. Phelan replied yes.
A board member inquired about renters. Mr. Phelan stated the system doesn’t have the
capability now to transfer from the loan payments from rental to rental.
A board member who applied for and received a loan commented that the application was
extensive, like a mortgage, and didn’t like that it was recorded with a deed of trust against
the owner’s property, which would require payoff if owners want to refinance their
mortgage.
A board member inquired about barriers; the program has had low participation. Mr.
Phelan stated the goals are to complete projects, not necessarily to loan money. A loan is
simply an option; it’s not the only way.
Board Member Marge Moore made a motion for the Energy Board to recommend City
Council adopt the ordinance being presented for first reading on January 20, 2015
amending the City Code to modify on-bill utility financing terms and allow for on-bill
utility financing of business customers.
Board Member Pete O’Neill seconded the motion.
ATTACHMENT 3
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Attachment16.3: Energy Board minutes, January 8, 2015 (draft) (2788 : On-Bill Utility Financing Code Amendments)
Vote on the motion: It passed with 1 abstention and 1 nay. One board member voted no to
support another board member’s concern about not receiving the meeting materials for this
agenda item with adequate time to review the information.
Discussion on motion: A board member commented this is the right direction to head. Another
board member commented that they really like on-bill financing to adjust it and make it more
viable. One board member said they were going to abstain not because they don’t agree with the
revisions, but because they don’t feel comfortable making a decision due to receiving the
information without adequate time to review it before the meeting, especially the edited
document showing changes. The board member stated they don’t want to vote no; they don’t
disagree with it, but stated they can’t vote yes.
Vote on the motion: It passed with 1 abstention and 1 nay
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Attachment16.3: Energy Board minutes, January 8, 2015 (draft) (2788 : On-Bill Utility Financing Code Amendments)
1
On-Bill Financing
City Code Amendments and
Program Revisions
City Council
January 20, 2015
ATTACHMENT 4
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Attachment16.4: Powerpoint presentation (2788 : On-Bill Utility Financing Code Amendments)
2
• Home Efficiency Loan Program
– Started January 2013 and revised January 2014
– Loans for energy efficiency, renewable energy and
water service line repair
– Monthly payments on utility bill along with other
services (electricity, water, wastewater, stormwater)
– Single family and town homes
– Rental properties eligible; loan payments by owner
Existing Program
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Attachment16.4: Powerpoint presentation (2788 : On-Bill Utility Financing Code Amendments)
3
• Loan Application and Terms
– Qualification by bill payment history and credit score
(two tiers, minimum 640 FICO)
– Interest rate of 5% or 6%
– Term of five, seven or ten years
– Recorded with a Deed of Trust
• Projects
– Scope determined by customer
– Most commonly insulation and air-sealing, furnaces,
air-conditioning, windows, water service line repair
Existing Program
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Attachment16.4: Powerpoint presentation (2788 : On-Bill Utility Financing Code Amendments)
4
• Council Code Amendments (Jan 20)
– Revise allowable interest rate range (2.5-10%)
– Revise fee language to refer to Rules and Regulations
– Add loan language to small business rate classes
• Rules and Regulations revisions
– Set 2015 interest rate at 4%
– Extend allowable term to 15 years
– Single credit score threshold
– Change to UCC filing for recording
• Rental and lease property customer billing
– Enabled by customization of billing system
– Consider longer terms for specific measures
Revised Program
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Attachment16.4: Powerpoint presentation (2788 : On-Bill Utility Financing Code Amendments)
5
• March: Revised residential program parameters
• April: Loan program available to small business
customers
• January 2016: Rental and lease property
customer billing enabled
Timeline
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Attachment16.4: Powerpoint presentation (2788 : On-Bill Utility Financing Code Amendments)
- 1 -
ORDINANCE NO. 012, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
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
WHEREAS, since January 2013, Fort Collins Utilities has offered a pilot on-bill
financing program to assist residential customers with financing for energy efficiency
upgrades, and water supply line repairs and replacements (the "On-Bill Utility Financing
Program"); and
WHEREAS, the primary purpose of the On-Bill Utility Financing Program (or “Home
Efficiency Loan Program”) is to provide 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; and
WHEREAS, the Program can also benefit Utilities business customers; and
WHEREAS, the Financial Officer has established rules and regulations for the
administration of the Program with respect to the billing and collection of utility fees and
charges, credit and lending standards, and rates and administrative practices per Section 26-720;
of the City Code; and
WHEREAS, City Council previously approved the use of Fort Collins Utilities reserve
funds to provide a maximum outstanding balance of $800,000 for the On-Bill Utility Financing
Program in prior budgets, budget exceptions and balance sheet reserve actions; and
WHEREAS, a key purpose of the pilot On-Bill Utility Financing Program has been to
further support the policy goals of Plan Fort Collins, the Climate Action Plan, Energy Policy
and Water Conservation Plan; and
WHEREAS, the Program has been a valuable addition to Utilities' efficiency and
renewable energy programs, which foster sustainability through energy and water use
reductions, local contractors and investment in the built environment and improved home
comfort, health and safety; and
WHEREAS, the City Council has determined it is desirable to maintain an appropriate
and predictable range of interest rates for loans in the pilot On-Bill Utility Financing Program,
while providing some flexibility for administration of specific loans based on administrative
procedures and standards adopted by the Financial Officer, pursuant to existing authority
under Section 26-720 of the City Code; and
WHEREAS, on January 8, 2015, the Energy Board reviewed and voted to recommend
adoption of the proposed On-Bill Utility Financing program updates to the City Code; and
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WHEREAS, in accordance with the foregoing, the Council is adopting revisions to
Chapter 26 of the City Code, as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That, for the reasons stated above, the City Council hereby finds and
determines that the On-Bill Utility Financing Program as described herein will be for the
betterment of the affected Utilities, and will be beneficial to the rate payers of those Utilities.
Section 2. That Section 26-129 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-129. Schedule D, miscellaneous fees and charges.
. . .
(f) The interest rate for water service-related loans shall be no less than the most
current U.S. prime lending rate at the time of load origination plus two and five-tenths
(2.5) percent and no more than the most current U.S. prime lending rate at the time of
loan origination plus five (5) ten (10.0) percent, per annum, with the interest rate for each
loan to be set annually, based on the City’s cost of capital minus 100 to 200 basis points,
in accordance with the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
(g) Loan-related fees for water service-related loans shall be set annually, based on
related program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.as follows:
(1) For loan application: twenty-five dollars ($25.).
(2) For loan origination: one hundred fifty dollars ($150.).
Section 3. That Section 26-130 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-130. Agreements for special water services.
. . .
(b) Special services in the form of loans for water service-related improvements,
conservation measures or efficiency enhancements shall be documented on forms
determined by the Utilities Executive Director and the Financial Officer. Any such loans
shall be made consistent with the applicable program requirements, credit and risk
standards, fees and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. Obligations for repayment of any such loans are subject to the provisions of Article
XII of this Chapter.
. . .
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Section 4. That Section 26-289 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-289. Miscellaneous fees and charges.
The following is a schedule of miscellaneous fees and charges:
Description Amount
(1) Connection fees and
service charges
Fees shall be set forth as in Subsection 26-712(b)
(2) Industrial discharge
permits:
a. Administration $76.00 annually
b. Surveillance Determined for each user annually, based on
direct cost plus 15% indirect costs, billed monthly
(3) Laboratory support
services
Determined on a case-by-case basis based on
direct cost plus 15% indirect costs
(4) Materials and labor
provided by City
Determined on a case-by-case basis based on
direct cost plus 15% indirect costs
(5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer
Station:
a. Septic tanks,
vaults, privies, portable
toilets:
Generated within
Larimer County
$0.071 per gallon
Generated outside
Larimer County
$0.108 per gallon
b. Recreational
vehicle sanitary waste
holding tanks:
Residential
customers of the City of
Fort Collins Wastewater
Utility
No charge for individual disposal at Transfer
Station
Others $2.35 base fee plus $0.071 per gallon
(6) Interest rate for
wastewater service-
No less than the most current U.S. prime lending
rate at the time of loan origination plus 2% and no
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related loans: more than the most current U.S. prime lending
rate at the time of loan origination plus 5%, per
annum, with the interest rate for each loan To be
set based on the City’s cost of capital minus 100
to 200 basis points in accordance with the
administrative rules and regulations of the
Financial Officer pursuant to § 26-720
(7) Loan-related fees for
wastewater service-
related loans:
To be set based on related program costs in the
administrative rules and regulations of the
Financial Officer pursuant to § 26-720
a. For loan
application:
$25.00
b. For loan
origination:
$150.00
(8) Miscellaneous fees Determined on a case-by-case basis based on
direct costs plus 15% indirect costs
Section 5. That Section 26-290 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-290. Agreements for special wastewater services.
. . .
(b) Special services in the form of loans for wastewater service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards, fees and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. Obligations for repayment of any such loans are subject to the provisions of Article
XII of this Chapter.
. . .
Section 6. That Section 26-464 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-464. Residential energy service, schedule R.
. . .
(q) Loans. Services in the form of loans for electric service-related improvements,
conservation measures or efficiency enhancements shall be documented on forms
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determined by the Utilities Executive Director and the Financial Officer. Any such loans
shall be made consistent with the applicable program requirements, credit and risk
standards and interest rate provisions as set forth in this Article and in the administrative
rules and regulations adopted by the Financial Officer pursuant to § 26-720. The interest
rate for such loans shall be no less than the most current U.S. prime lending rate at the
time of loan origination plus two and five-tenths (2.5) percent and no more than the most
current U.S. prime lending rate at the time of loan origination plus five (5) ten (10.0)
percent per annum, with the interest rate for each loan to be set annually, based on the
City’s cost of capital minus 100 to 200 basis points, in accordance with the administrative
rules and regulations of the Financial Officer. Obligations for repayment of any such
loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for
electric service-related loans shall be set annually based on related program costs, in the
administrative rules and regulations of the Financial Officer pursuant to § 26-720.
. . .
Section 7. That Section 26-465 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-465. Residential demand service, schedule RD.
. . .
(s) Loans. Special services in the form of loans for electric service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. The interest rate for such loans shall be no less than the most current U.S. prime
lending rate at the time of loan origination plus two and five-tenths (2.5) percent and no
more than the most current U.S. prime lending rate at the time of loan origination plus
five (5) ten (10.0) percent, per annum, with the interest rate for each loan to be set
annually based on the City’s cost of capital minus 100 to 200 basis points, in accordance
with the administrative rules and regulations of the Financial Officer. Obligations for
repayment of any such loans are subject to the provisions of Article XII of this Chapter.
Loan-related fees for electric service-related loans shall be set annually based on related
program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
Section 8. That Section 26-466 of the Code of the City of Fort Collins is hereby
amended by the addition of new subparagraph (s) to read in its entirety as follows:
Sec. 26-466. General service, schedule GS.
. . .
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(s) Loans. Special services in the form of loans for electric service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. The interest rate for such loans shall be no less than two and five-tenths (2.5)
percent and no more than ten (10.0) percent, per annum, with the interest rate to be set
annually based on the City’s cost of capital minus 100 to 200 basis points, in the
administrative rules and regulations of the Financial Officer. Obligations for repayment
of any such loans are subject to the provisions of Article XII of this Chapter. Loan-
related fees for electric service-related loans shall be set annually based on related
program costs, in the administrative rules and regulations of the Financial Officer
pursuant to § 26-720.
Section 9. That Section 26-467 of the Code of the City of Fort Collins is hereby
amended by the addition of a new subparagraph (s) to read in its entirety as follows:
Sec. 26-467. General service 25, schedule GS25.
. . .
(s) Loans. Special services in the form of loans for electric service-related
improvements, conservation measures or efficiency enhancements shall be documented
on forms determined by the Utilities Executive Director and the Financial Officer. Any
such loans shall be made consistent with the applicable program requirements, credit and
risk standards and interest rate provisions as set forth in this Article and in the
administrative rules and regulations adopted by the Financial Officer pursuant to § 26-
720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent
and no more than ten (10.0) percent, per annum, with the interest rate to be set annually,
based on the City’s cost of capital minus 100 to 200 basis points, in the administrative
rules and regulations of the Financial Officer. Obligations for repayment of any such
loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for
electric service-related loans shall be set annually based on related program costs, in the
administrative rules and regulations of the Financial Officer pursuant to § 26-720.
Section 10. That Section 26-712 of the Code of the City of Fort Collins is hereby
amended as follows:
Sec. 26-712. Utility bill and account charges authorized; procedures.
. . .
(b) The following account and miscellaneous fees and charges shall apply to all City
utility customers receiving service pursuant to the terms of Chapter 26, whether within or
outside of the corporate limits of the City, except as otherwise expressly stated:
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Fees and Charges Amount
Service connection fee for account with
one or more metered services (including
nonmetered services for the same account)
$ 19.65
Customer-initiated rate change (after 90
days of new service)
19.65
Service connection fee for account with
only nonmetered services (stormwater,
wastewater, wind, flat commercial
electric, sprinkler clocks, cable towers and
floodlights)
10.00
Service fee to reinstate an account to the
owner/ property manager between tenants
$ 10.00
Manual meter reading charge, per month,
charged to service addresses where
metering equipment without remote
communications capability is used,
requiring an on-site visit to collect use
data for water and/or electric service
11.00
per month
Turn-off notice fee 10.00
Reconnect fee per service for water or
electric following disconnection for
delinquency
20.00
Trip charge for special services requested
by customer during normal service hours
19.65
After-hours reconnect or after-hours trip
charge for special service requested by
customer –
Water (after 5:00 p.m. weekdays or
weekend/ holiday)
85.35
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After-hours reconnect or after-hours trip
charge for special service requested by
customer –
Electric (after 5:00 p.m. weekdays or
weekend/ holiday)
85.35
Return item fee (check, electronic fund
transfer, credit card, etc.)
25.00
Owner-requested repair disconnect fee,
per trip
20.00
Research/document fee per hour 20.00
Interest rate for utility service-related
loans:
No less than the most
current U.S. prime lending
rate at the time of loan
origination plus 2% and no
more than the most current
U.S. prime lending rate at
the time of loan origination
plus 5%, per annum, with
the interest rate for each
loan To be set based on the
City’s cost of capital minus
100 to 200 basis points in
accordance with the
administrative rules and
regulations of the Financial
Officer pursuant to § 26-
720
Loan-related fees for wastewater service-
related loans:
To be set based on related
program costs in the
administrative rules and
regulations of the Financial
Officer pursuant to § 26-
720
a. For loan application: 25.00
b. For loan origination: 150.00
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Introduced, considered favorably on first reading, and ordered published this 20th day of
January, A.D. 2015, and to be presented for final passage on the 17th day of February, A.D.
2015.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of February, A.D. 2015.
Mayor
ATTEST:
City Clerk
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Attachment14.1: Project History List (2743 : Ballot - Street Maintenance Program)
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Packet Pg. 260
Attachment14.1: Project History List (2743 : Ballot - Street Maintenance Program)
Attachment14.1: Project History List (2743 : Ballot - Street Maintenance Program)
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ATTACHMENT 1
Packet Pg. 258
Attachment14.1: Project History List (2743 : Ballot - Street Maintenance Program)
some administrative issues:
serious administrative issues:
New Applicant, Demonstrated Capacity
proven administrative track record, no concerns:
some administrative concerns:
serious administrative concerns:
COMPETITIVE PROCESS SELECTION CRITERIA GUIDANCE CHART - Housing
Packet Pg. 148
Attachment1: Exhibit A (2800 : Administrative Changes to the Competitive Process RES)
Packet Pg. 147
Attachment1: Exhibit A (2800 : Administrative Changes to the Competitive Process RES)