HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/02/2018 - COMPLETE AGENDACity of Fort Collins Page 1
Wade Troxell, Mayor City Council Chambers
Gerry Horak, District 6, Mayor Pro Tem City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Regular Meeting
January 2, 2018
Proclamations and Presentations
5:30 p.m.
None scheduled.
Regular Meeting
6:00 p.m.
• PLEDGE OF ALLEGIANCE
• CALL MEETING TO ORDER
• ROLL CALL
• AGENDA REVIEW: CITY MANAGER
• City Manager Review of Agenda.
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• Consent Calendar Review
This Review provides an opportunity for Council and citizens to pull items from the
Consent Calendar. Anyone may request an item on this calendar be “pulled” off the
Consent Calendar and considered separately.
o Council-pulled Consent Calendar items will be considered before Discussion Items.
o Citizen-pulled Consent Calendar items will be considered after Discussion Items.
• CITIZEN PARTICIPATION
Individuals may comment regarding items scheduled on the Consent Calendar and items not
specifically scheduled on the agenda. Comments regarding land use projects for which a development
application has been filed should be submitted in the development review process** and not to the
Council.
• Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping
purposes).
• All speakers will be asked by the presiding officer to identify themselves by raising their hand,
and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for
those who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state his or her name and general address for the record, and to
keep comments brief. Any written comments or materials intended for the Council should be
provided to the City Clerk.
• A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of
speaking time remain, and will beep again and turn red when a speaker’s time to speak has
ended.
[**For questions about the development review process or the status of any particular development,
citizens should consult the Development Review Center page on the City’s website at
fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]
• CITIZEN PARTICIPATION FOLLOW-UP
Consent Calendar
The Consent Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone
may request an item on this calendar to be "pulled" off the Consent Calendar and considered
separately. Agenda items pulled from the Consent Calendar will be considered separately under
Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with
one vote. The Consent Calendar consists of:
● Ordinances on First Reading that are routine;
● Ordinances on Second Reading that are routine;
● Those of no perceived controversy;
● Routine administrative actions.
1. Consideration and Approval of the Minutes from the December 5, 2017 Regular Council Meeting, the
December 12, 2017 Adjourned Council Meeting and the December 13, 2017 Special Council
Meeting.
The purpose of this item is to approve the minutes from the December 5, 2017 Regular Council
meeting, December 12, 2017 Adjourned Council meeting and the December 13, 2017 Special
Council meeting.
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2. Postponement to January 16, 2018, of Second Reading of Ordinance No. 136, 2017, Approving the
Addition of Permitted Use Associated with the Long Pond Wireless Telecommunications Facility
Project Development Plan #160018.
Staff is requesting postponement to January 16, 2018, of Council’s consideration of this Ordinance
on Second Reading. After closing the public hearing at First Reading of this Ordinance on
December 19, 2017, City Council requested staff input regarding the possibility of adding three more
conditions to its approval of the Long Pond Wireless Telecommunications Addition of Permitted Use
(APU) (in addition to those conditions already included in Ordinance No. 136, 2017, as adopted). It
is recommended that Council reopen the public hearing to consider additional evidence pertaining to
additional conditions or other issues specified by Council and allow comment on such matters by
both the applicant and the public. Postponement of Second Reading to January 16, 2018 will allow
time for required notice to be provided for the reopening of the public hearing on this item.
Reopening the public hearing on January 16 will allow new information related only to the three
conditions to be added to the record.
This Ordinance, unanimously adopted on First Reading on December 19, 2017 approved, with
conditions, the Long Pond Wireless Telecommunications APU, made in conjunction with
PDP160018. The APU would allow the addition of wireless telecommunication facilities as a
permitted use on a parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone
district. Wireless telecommunication facilities are not a permitted use in the LMN. PDP160018
proposes a 60-foot tall wireless telecommunications facility disguised as a silo at 2008 Turnberry
Road. On First Reading, a condition was added that reduced the height of the facility to 45 feet or
less and specified a location for the facility near the existing barn located in the northeast portion of
the site.
3. Items Relating to the Fort Collins Traffic Code.
A. Second Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins
Traffic Code.
B. Second Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort
Collins Traffic Code Regulating Bicycles.
These Ordinances, unanimously adopted on First Reading on December 19, 2017, amend the Fort
Collins Traffic Code to ensure that the Code is consistent with Colorado traffic laws. Changes were
made to Section 2101(2) between First and Second Reading to be consistent with current City Code
provisions that allow power-driven mobility devices, including electrical assisted bicycles, to be used
by persons with temporary or permanent mobility disabilities on bike or pedestrian paths or
recreational trails.
4. Second Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the
City of Fort Collins Regarding Hydraulic Fracturing.
This Ordinance, unanimously adopted on First Reading on December 19, 2017, removes references
to a prohibition on oil and gas related activities from Chapter 12, Article VIII of the City Code. This is
an administrative clean-up item reflecting the 2016 Colorado Supreme Court decision that struck
down the City’s hydraulic fracturing moratorium because state law preempted it.
5. Second Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property Consisting of
a Portion of Tract A, Prospect Industrial Park Currently Owned by the City of Fort Collins Utilities’
Wastewater Utility Enterprise as Road Right-of-Way for the Proposed Sharp Point Drive Extension.
This Ordinance, unanimously adopted on First Reading on December 19, 2017, declares
approximately 1.4 acres of Tract A owned by the City Utilities’ Wastewater Utility Enterprise as right-
of-way for the construction of Sharp Point Drive between Nancy Gray Avenue and Midpoint Drive.
Tract A is a 1.9-acre parcel which was originally platted as a public access and loading easement in
the 1970s as part of the Prospect Industrial Park. The Sharp Point Drive connection was shown on
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the City’s Master Street Plan in 1998. The platted easement merged into fee property upon
acquisition by the Wastewater Utility Enterprise in 2002.
6. Second Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for That Certain Property Known as Spring Creek Rezoning
REZI170001.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on December 19, 2017, amends the City’s
Zoning Map to adjust the location, size and boundary between two zone districts within a 19.55
parcel located at the southeast corner of South Shields Street and Hobbit Street. The result of the
shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88 acres
while the Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains a
corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and
the M-M-N zone would be enlarged to 13.13 acres. This rezoning of less than 640 acres is subject
to the criteria included in Section 2.9.4 of the Land Use Code and subject to certain conditions in
Section 2.9.4(H). Such a zoning may be approved, approved with conditions, or denied by Council
after receiving a recommendation from the Planning and Zoning Board, which voted (6-0) to
recommend the rezoning with six conditions. The six conditions have been agreed upon by the
applicant and neighbors from the surrounding residential neighborhood (including the Sheeley and
Wallenberg neighborhoods), as well as consultation with staff.
7. First Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the
General Fund for the Fort Collins Police Services Victim Services Unit.
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family
members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month
grant in the amount of $45,500 for the period from January 1, 2018 to December 31, 2018, by the
Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services
provided by this team. These funds will be used for part of the salary for the victim advocate who
provides crisis intervention services during weekday hours and is housed in the Victim Services
office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour,
7-days/week services to victims of crime in the community.
8. First Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund
and the Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to
the General Fund for the James Ross Proving-Up House Restoration.
The purpose of this item is to appropriate previously received grant funds of $16,080 received from
the Cache la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins
Historical Society for the restoration of the James Ross Proving-Up House. The total new
appropriation is $19,437. The grant is matched by Historic Preservation funds of $32,847 and
Recreation Department funds of $27,000 from prior year reserves.
9. First Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation
Capital Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of
Appropriations from the Transportation Capital Expansion Fee Fund and the Transportation Fund
into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Project and
Transferring Appropriations from the Capital Projects Fund to the Cultural Services and Facilities
Fund for Art in Public Places
The purpose of this item is to appropriate $891,000 of prior year reserves in the Transportation
Capital Expansion Fee Fund and authorize the transfer of appropriations from the Transportation
Capital Expansion Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin
Intersection Improvement Project. In addition, this item will transfer $8,760 in prior year reserves
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from the Transportation Fund to the Capital Projects Fund for the purpose of transfer to the Cultural
Services and Facilities Fund for Art in Public Places. This project will construct road and intersection
improvements, utility relocations, and fully signalize the intersection of Harmony Road and Strauss
Cabin Road. The project will install southbound left and right turn lanes, pork chop islands, and
American’s with Disabilities Act (ADA) accessible sidewalk connections.
10. First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain
Lands Necessary to Construct Public Improvements in Connection with the Suniga Road
Improvements Project
The purpose of this item is to obtain authorization from City Council to use eminent domain, if
deemed necessary, to acquire property interests needed to construct improvements to Suniga Road
Improvements Project. The project will construct a new arterial roadway between College Avenue
and Blondel Street. Improvements include construction of a complete arterial street which includes
four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility
improvements.
In order for the City to construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The project will affect seven properties. Acquisitions will
include fee purchase right-of-way, permanent utility and drainage easements and temporary
construction easements. Staff has had contact with all affected property owners. Timely acquisition
of the property is necessary to meet the anticipated construction schedule. Staff fully intends to
negotiate in good faith with the affected owners and is optimistic that all property negotiations can be
completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all
property acquisitions for the Project only if such action is deemed necessary.
11. Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise
to the Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets,
Public Utility Easements and Other City Property to Install, Maintain, Locate and Operate Its
Facilities Used to Provide Natural Gas Services to Customers within the City.
The purpose of this item is to consider approval of a natural gas Franchise Agreement between the
City of Fort Collins and the Public Service Company of Colorado (“Public Service”). Without a
change in the financial burden to residents, this Franchise Agreement grants a non-exclusive
franchise to Public Service to make reasonable use of City streets, public utility easements and other
City property for Public Service’s provision of natural gas utility services within the City. The
franchise fee will be equivalent to the current occupation tax imposed (1.07%) to compensate the
City for the use of its property. The franchise fee rate can be increased by the City Council in the
future by ordinance but at a rate not to exceed 3% of gross revenues.
12. First Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the
Colorado Department of Transportation FASTER Transit Program Grant in the Transit Services
Fund and Appropriating Prior Year Reserves in the Transit Services Fund as a Grant Match for the
Purchase of Two New Buses for Transfort's Regional FLEX Route to Longmont and Boulder.
The purpose of this item is to request a 2018 appropriation in the amount of $1,200,000. Transfort
was awarded $960,000 through a CDOT grant for the purchase of two new buses for Transfort’s
Regional FLEX route to Longmont and Boulder. This grant requires a local match of $240,000.
13. Resolution 2018-001 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation for Transfort FLEX Service.
The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with
the Colorado Department of Transportation (CDOT). This agreement will result in the receipt of
$200,000 in grant funds through the statewide competitive pool of the FASTER Transit program for
fiscal year 2018. Transfort will be required to match the $200,000 in grant funds with a $200,000
local match, which was appropriated through the previous BFO cycle and is accounted for in the
approved 2018 Transfort budget.
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14. Resolution 2018-002 Authorizing an Intergovernmental Agreement with Colorado State University
Regarding the Elizabeth Street and Shields Street Bicycle and Pedestrian Underpass.
The purpose of this item is to authorize the City Manager to sign on behalf of the City a
Memorandum of Understanding (MOU) with the Board of Governors of the Colorado State University
System to define the rights and responsibilities of the parties concerning the ownership and
maintenance of the newly completed Elizabeth and Shields Bicycle and Pedestrian Underpass and
adjoining right-of-way areas.
15. Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities of the
City of Fort Collins.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities’ due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Applications were solicited during
September, October, and November. Council teams interviewed applicants during November and
December. This Resolution appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
END CONSENT
• CONSENT CALENDAR FOLLOW-UP
This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent
Calendar.
• STAFF REPORTS
• 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 (three minute limit for each citizen)
● Council questions of staff on the item
● Council motion on the item
● Council discussion
● Final Council comments
● Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all citizens have an opportunity to speak. Please sign in at the table in the back of the room.
The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again
at the end of the speaker’s time.
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16. First Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort
Collins and Setting the Compensation of the Chief Judge. (staff: Jamie Heckman; 5 minute staff
presentation; 10 minute discussion)
The purpose of this item is to establish the 2018 salary of the Chief Judge. City Council met in
executive session on November 28, 2017, to conduct the performance review of Chief Judge
Kathleen M. Lane. This Ordinance sets the 2018 compensation of the Chief Judge.
17. First Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort
Collins and Setting the Compensation of the City Attorney. (staff: Jamie Heckman; 5 minute staff
presentation; 10 minute discussion)
The purpose of this item is to establish the 2018 salary of the City Attorney. City Council met in
executive session on November 13, 2017, to conduct the performance review of Carrie Daggett, City
Attorney. This Ordinance sets the 2018 compensation of the City Attorney.
18. First Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort
Collins and Setting the Compensation of the City Manager. (staff: Jamie Heckman; 5 minute staff
presentation; 10 minute discussion)
The purpose of this item is to establish the 2018 compensation of the City Manager. City Council met
in executive session on November 13, 2017, to conduct the performance review of Darin Atteberry,
City Manager. This Ordinance sets the 2018 compensation of the City Manager.
19. Items Relating to Funding Improvements to the I-25/Prospect Interchange. (staff: Chad Crager,
Brad Buckman, Mark Jackson; 15 minute staff presentation; 45 minute discussion)
A. Resolution 2018-004 Authorizing the Execution of an Amendment to the Intergovernmental
Agreement Between the City of Fort Collins and the Colorado Department of Transportation for
the Interstate 25 Improvements Between State Highway 14 and State Highway 402.
B. Resolution 2018-005 Approving and Authorizing the Execution of a Memorandum of
Understanding with Benefitted Property Owners Regarding Financial Participation in the I-
25/Prospect Interchange Improvements.
The purpose of this item is to amend an existing Intergovernmental Agreement with the Colorado
Department of Transportation and enter into a Memorandum of Understanding with private property
interests proximate to the interchange at I-25 and Prospect Road. These agreements form the basis
of a public-private funding partnership model to accelerate improvements to the aging and congested
I-25/Prospect Interchange. City staff is also continuing to negotiate with the Town of Timnath for its
payment of a share of the costs for these improvements.
20. Items Relating to Broadband Facilities and Services. (staff: Mike Beckstead; 10 minute staff
presentation; 45 minute discussion)
A. First Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General
Fund as a Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and
Maintenance Costs for Telecommunication Facilities and Services.
B. First Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to
Authorize and Implement the City’s Provision of Telecommunication Facilities and Services as
Provided in City Charter Article XII, Section 7.
The City has been engaged in a multi-year process of research, due diligence, and community
engagement that resulted in two successful ballot measures. The first in November 2015 gave the
City the authority to provide high-speed broadband services to the community, the second, in
November 2017 added telecom activity to the City Charter and demonstrated support for borrowing
up to $150 million to provide fiber to the premise infrastructure.
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At the November 28, 2017, Council Work Session discussion concerning the City’s Broadband
updates, including an estimated timeline, major milestones, appropriation and governance
recommendations, staff highlighted the need to dedicate resources to support further development
and details associated with a Municipal Retail model.
Staff is requesting $1.8M of funding to be appropriated to support first year start-up costs associated
with recruiting and hiring personnel, consulting, equipment, and branding to support the initiative.
Funding would come from the General Fund as a loan to the Light and Power Fund as start-up
funding until bonds can be issued to support the total broadband build out. The bonds will be
structured allowing a planned repayment to the General Fund of start-up costs supported by this
appropriation. The reserves will be restored from the proceeds of the bond issuance, pending the
Council’s adoption of the corresponding bond ordinance (currently scheduled for the March 20 and
April 3 meetings).
To evidence the repayment of this loan, the City Council, acting as the Electric Utility Enterprise
Board, will be considering an ordinance in a separate agenda item at this meeting which will agree to
and direct the repayment of this loan to the General Fund when the bond proceeds are received.
In addition, certain City Code changes are needed to authorize the City Electric Utility to begin
implementing its provision of broadband facilities and services and to receive and expend the
General Fund loan through the Light and Power Fund. These changes are proposed in Ordinance
No. 011, 2018, which accompanies this agenda item.
The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this
past November that grants to Council the power to authorize the Electric Utility to acquire, construct,
provide, fund and contract for telecommunication facilities and services and that grants to the
Enterprise of the Electric Utility the power to issue bonds to fund these facilities and services. These
changes also include assigning to the City Manager the direct responsibility to administer and
supervise the Electric Utility’s provision of broadband facilities and services.
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
• ADJOURNMENT
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 2, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes from the December 5, 2017 Regular Council Meeting, the
December 12, 2017 Adjourned Council Meeting and the December 13, 2017 Special Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the December 5, 2017 Regular Council meeting,
December 12, 2017 Adjourned Council meeting and the December 13, 2017 Special Council meeting.
ATTACHMENTS
1. December 5, 2017 (PDF)
2. December 12, 2017 (PDF)
3. December 13, 2017 (PDF)
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City of Fort Collins Page 82
December 5, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
Myles Crane, Steering Committee of Partnership for Age Friendly Communities, congratulated
the City on receiving the Baldridge Award. He discussed the organization and two recently
completed projects, Senior Access Points and Homeshare.
Eric Sutherland opposed the electric utility time of use rate ordinance adopted at the last Council
meeting. He opposed the formation of a broadband utility.
Diane Smith, Senior Advisory Board, discussed housing needs of seniors and a recently created
info-graphic illustrating those needs.
Gregg Leverett discussed being threatened with arrest by the Sherriff’s Office and Fort Collins
Police Department and the Dyer case.
George Grossman, Happy Lucky’s Tea House, suggested the City provide free parking validations
for customers to aid in the loss of parking spaces during water line replacement construction.
Colin Garfield, Fort Collins Citizens’ Broadband Committee, discussed the national spotlight on
Fort Collins given election results supporting broadband efforts and net neutrality.
Sean McGill, Rigden Farm Residential Homeowners Association and Rigden Farm Master
Homeowners Association, discussed excess water fees paid, and expected to be paid, by the
Associations. He requested Council consider extending the deadline for purchasing water rights.
Brad Bishop, Fort Collins Running Club, thanked Council and the City for its support of races and
public trails. He stated Fort Collins is one of two communities in Colorado to be named as a
runner-friendly city by the Road Runners Club of America and discussed the Club’s efforts to
collect trash in October.
David Ayraud, Rigden Farm Homeowners Association, discussed water rates and requested
Council consider extending the deadline for purchasing water rights.
Anthony Shibata, Rigden Farm Residential Homeowners Association, discussed water rates and
requested Council consider extending the deadline for purchasing water rights.
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Attachment: December 5, 2017 (6331 : Minutes-12/5, 12/12, 12/13)
December 5, 2017
City of Fort Collins Page 83
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak summarized the citizen comments and requested staff input.
Kevin Gertig, Utilities Director, stated Utilities staff will meet with the Rigden Farm HOA to
address potential impacts and will follow-up with Council.
Councilmember Martinez asked if this pertains only to new development in the HOA or existing
homes. Lance Smith, Utilities Strategic Finance Director, replied staff had several discussions
with Council about adjusting the cost of water rights. Once the new cash-in-lieu rate was approved,
staff looked at all existing water accounts that have exceeded the amount of water they have been
provided through water rights. Those accounts have been paying an excess water use surcharge
for several years. Staff has informed those customers that surcharge is going to more than double
next year and they have an opportunity to bring forth additional water rights to mitigate the
anticipated increase in the surcharge. Rigden Farm HOA was made aware of this about two
months ago.
Councilmember Martinez expressed concern the HOA has not had enough time to organize its
members.
Mayor Pro Tem Horak requested additional information from staff with recommendations as to
how to deal with this issue. City Manager Atteberry replied staff would return with that as soon
as possible.
Councilmember Cunniff discussed the excess water use surcharge and requested information about
its doubling.
Regarding the Walnut Street parking issue, Matt Fater, Interim Water Engineering Field Services
Manager, stated staff has been working with Walnut Street business owners and is evaluating a
request from them to provide parking vouchers to help offset some of the loss of parking during
construction.
City Manager Atteberry stated staff is looking at the City’s construction process in general and the
various types of inconveniences and challenges created for businesses. An enterprise-wide
approach to treat all businesses equally is being examined.
• CONSENT CALENDAR
Councilmember Overbeck pulled Item No. 2, Items Relating to Code Amendments to Manage
Small Cell and Other Communication Facility Installations in City Rights-of-Way and on City
Infrastructure, from the Consent Agenda.
Councilmember Cunniff pulled Item No. 5, Second Reading of Ordinance No. 163, 2017,
Repealing and Reenacting Article V of Chapter 24 of the Code of the City of Fort Collins and
Amending the Fort Collins Traffic Code Regarding the Residential Parking Permit Program, from
the Consent Agenda.
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Attachment: December 5, 2017 (6331 : Minutes-12/5, 12/12, 12/13)
December 5, 2017
City of Fort Collins Page 84
Eric Sutherland pulled Item No. 7, First Reading of Ordinance No. 166, 2017, Appropriating Prior
Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees and Use
Tax, from the Consent Agenda.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
1. Consideration and Approval of the Minutes of the November 7, 2017 Regular Council Meeting
and the November 13, 2017 Adjourned Council Meeting. (Adopted)
The purpose of this item is to consider and approve the minutes from the November 7, 2017 Regular
Council meeting and the November 13, 2017 Adjourned Council meeting.
2. Items Relating to the Community Services 2018 Mid-Year Budget Cycle Appropriation
Requests. (Adopted)
A. Second Reading of Ordinance No.158, 2017, Appropriating Prior Year Reserves in the Natural
Areas Fund and Authorizing the Transfer of Appropriations from the Natural Areas Fund into the
Capital Project Fund for the Natural Areas Maintenance Facility Expansion Project and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places
Program.
B. Second Reading of Ordinance No. 159, 2017, Appropriating Prior Year Reserves in the Capital
Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund
into the Capital Project Fund for Community Park Development and Transferring Appropriations
to the Cultural Services and Facilities Fund for the Art in Public Places Program.
C. Second Reading of Ordinance No. 160, 2017, Appropriating Prior Year Reserves in the Capital
Expansion Fund and Authorizing the Transfer of Appropriations from the Capital Expansion Fund
into the Capital Project Fund for the East District Maintenance Facility and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program.
These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate the
additional funding for Natural Areas and Parks and Park Planning & Development projects. These
projects, which were reviewed by City Council at the October 24, 2017 Council Work Session, include
a Natural Areas Maintenance Facility Expansion, Community Park Development and an East District
Park Maintenance Facility.
3. Items Relating to the Horsetooth Road and College Avenue Intersection Improvement Project.
(Adopted)
A. Second Reading of Ordinance No. 161, 2017, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and Authorizing the Transfer of Appropriations from
the Transportation Capital Expansion Fee Fund into the Capital Project Fund for the “Horsetooth
and College Intersection Project”, and Transferring Appropriations to the Cultural Services and
Facilities Fund for the Art in Public Places Program.
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B. Second Reading of Ordinance No. 162, 2017, Authorizing the Acquisition by Eminent Domain of
Certain Lands Necessary to Construct Public Improvements in Connection with the Horsetooth
Road and College Avenue Intersection Improvements Project.
These Ordinances, unanimously adopted on First Reading on November 21, 2017, appropriate
$1,100,000 of prior year reserves in the Transportation Capital Expansion Fee Fund and obtain
authorization from City Council to use eminent domain, if deemed necessary, to acquire property
interests needed to construct improvements to the intersection of Horsetooth Road and College
Avenue. Council previously appropriated the majority of the project funding through previous Council
actions, including the 2017-2018 budget process, which identified additional funding was going to be
needed with a future appropriation in 2019. The project was previously scheduled to be completed in
2019, but the project schedule has been accelerated to be complete in 2018.
4. Second Reading of Ordinance No. 165, 2017 Creating and Establishing the Midtown Business
Improvement District. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 21, 2017, creates and
establishes the Midtown Business Improvement District, appoints the initial members of the Board of
Directors of the District, approves the District's Initial Operating Plan and Budget; and designates the
area as a location for new business or commercial development.
The Initial Operating Plan has been revised between First and Second Reading of the Ordinance to
address issues that were raised by Council at First Reading. The revised Initial Operating Plan is
attached as Exhibit “E” to the Ordinance and the revisions are on page 6 of the Plan. The issues
addressed in these revisions are to clarify that: (1) the District will be operated in compliance with all
applicable Colorado laws, including the Fair Campaign Practices Act; (2) authorized District
improvements will be available and open to the public in a non-discriminatory manner; and (3) the
District cannot provide security services now or in the future unless authorized to so by the City
Council.
5. First Reading of Ordinance No. 167, 2017, Amending Section 2-568(c)(2) of the Code of the City
of Fort Collins Pertaining to Rules of Conduct Applicable to Councilmember Conduct.
(Adopted)
The purpose of this item is to amend Section 2-568(c)(2) of the City Code to add clarifying language
that limits Councilmember interaction with City officers and employees regarding matters for which a
conflict of interest has been declared.
6. First Reading of Ordinance No. 168, 2017, Amending Chapter 26, Articles VI and VII of the Code
of the City of Fort Collins to Correct Errors in How Certain Utility Fees Formulae are Expressed
Related to Electric Utility Development Fees and Single-Family Residential Stormwater Utility
Fees. (Adopted)
The purpose of this item is to correct two formulas relating to development charges and monthly fees
for the Light and Power and Stormwater utilities. The first correction fixes an omission in the calculation
of kilo-watt demand for electric capacity charges. The second correction fixes a typo in a formula used
to calculate single family residential monthly stormwater fees. Both of these changes make City Code
consistent with the original intent of the formulas and reflect how the fees have been calculated and
billed since their adoption.
7. First Reading of Ordinance No. 171, 2017, Amending Chapter 1 of the Code of the City of Fort
Collins to Create a Petty Offense Classification and Penalties for Petty Offense Violations.
(Adopted)
The purpose of this item is to create a petty offense category within the City Code and to classify a
violation of the City's smoking ordinance as a petty offense.
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8. First Reading of Ordinance No. 169, 2017, Authorizing the Use of the Non-Development Lease
with the Colorado State Board of Land Commissioners as Match for a Neotropical Migratory
Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. (Adopted)
The purpose of this item is to place a Notice of Grant Agreement on the 3,873 acres of land within
Soapstone Prairie Natural Area subject to a Non-Development Lease with the Colorado State Board
of Land Commissioners. The grant will expand upon Bird Conservancy of the Rocky' s (BCR) research
and monitoring work on Soapstone Prairie and Meadow Springs Ranch to implement conservation
strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills
Mountains to Plains Project and 28 high priority species at wintering sites in the Chihuahua Desert of
Mexico.
9. First Reading of Ordinance No. 170, 2017, Authorizing the Use of the Evans Tract as Match for
a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife
Service. (Adopted)
The purpose of this item is to place a Notice of Grant Agreement on the 240-acre Evans Tract
purchased in 2015 as part of Soapstone Prairie Natural Area. The grant will expand upon Bird
Conservancy of the Rocky’s (BCR) research and monitoring work on Soapstone Prairie and Meadow
Springs Ranch to implement conservation strategies and management for 19 high priority grassland
birds that breed within the Laramie Foothills Mountains to Plains Project and 28 high priority species
at wintering sites in the Chihuahua Desert of Mexico.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Martinez highlighted Item No. 4, Items Relating to the Horsetooth Road and
College Avenue Intersection Improvement Project, as a good news item.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on attending a staff training focusing on equity and inclusion.
Councilmember Summers reported on attending an employee recognition event for long-term
employees. He expressed his thanks to employees.
Councilmember Martinez reported on the employee recognition event and commended employees
and leadership. He also reported on the Human Relations Commission awards and suggested the
Mayor should be involved in handing out awards in the future.
Councilmember Overbeck reported on the Human Relations Commission awards and recognition
of Child Safe.
Mayor Pro Tem Horak reported on the Boxelder Basin Regional Stormwater Authority meeting
and stated the outline of who will be funding improvements once the Authority has paid off its
bonds is moving forward. He also reported on a Water Now workshop regarding water rates and
on attending the North Fort Collins Business Association holiday party during which the Coats
and Boots event was highlighted.
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• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
10. Items Relating to Code Amendments to Manage Small Cell and Other Communication Facility
Installations in City Rights-of-Way and on City Infrastructure. (Adopted as Amended on Second
Reading)
A. Second Reading of Ordinance No. 143, 2017, Amending Chapter 23 of the Code of the City of
Fort Collins to Establish Communication Facility Encroachment Permits.
B. Second Reading of Ordinance No. 144, 2017, Amending Articles 3 and 5 of the Land Use Code
Regarding Small Cell Facilities.
These Ordinances, unanimously adopted on First Reading on November 21, 2017, regulate the
installation of small cellular and other communication equipment in the City’s rights-of-way, establish
a permit to allow such installations and to consider less extensive changes to the Land Use Code to
clarify that the review of such applications for use of the City’s right-of-way is addressed under the City
Code regulations. The City Code language has been recommended for approval by the Energy Board
and the Land Use Code language has been recommended for approval by the Planning and Zoning
Board.
Between First and Second Reading, staff has modified the requirements involving signal interference
compliance, as defined in the proposed regulations at City Code Sec. 26-172 and further described at
Secs. 26-175(c) and 26-177(d)(1). Carriers expressed concerns with conditioning City permit approval
on demonstrating compliance with federal radio frequency and signal interference standards. After
review, staff has updated the related proposed City Code sections to align with regulations adopted
by other Colorado municipalities requiring a statement under penalty of perjury that a carrier’s
emissions and equipment meet federal standards.
Councilmember Overbeck stated Council has received feedback from citizens since First Reading
and is hoping to make improvements to what is proposed.
Tyler Marr, City Manager’s Office, discussed state regulation which greatly expanded the rights
of telecom companies to install stand-alone poles and attached small cellular facilities to city-
owned infrastructure. Council instituted a moratorium in September to allow time for staff to
develop appropriate regulations. Staff’s goals in developing the regulations were to achieve an
integrated design for new facilities, have a strong preference for attaching to existing poles first,
and understand the public safety need to expand coverage. The proposed code applies only to
installations within the City’s right-of-way, tries to limit the installation of new equipment within
the right-of-way through the preference for attachment to City-owned infrastructure, addresses
height and bulk through camouflage and design standards, and establishes the process through
which permits would be granted.
Marr reviewed the concerns heard by citizens. In terms of these facilities being allowed in
residential areas, state law indicates the small cell facilities are a use-by-right in all zone districts
and federal law states local governments cannot prohibit the deployment of personal wireless
service. State and federal law also do not allow public opinion to be considered for use-by-right
items. Regarding concerns about setbacks from residential properties, staff has determined a
setback requirement would restrict the presence of these facilities in residential areas. Monitoring
of radio frequency emissions is heavily dictated by federal law; the City cannot require carriers to
monitor emissions and the City is limited on what it can do with its own monitoring data. The
City is also not able to include health concerns as part of the Ordinance as the FCC sets
occupational standards for groups of individuals working close to these facilities.
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Marr discussed the public outreach process and stated staff will continue to review carrier and
citizen concerns and address those as they are able. A separate master lease agreement will be
created for each carrier interested in installing small cellular facilities.
Nancy Eason thanked Council and Marr for their responses to her concerns. She acknowledged
these facilities cannot be restricted; however, she requested a requirement to notify residents
stating this is an entirely new use.
Nick Limberopoulos, Busch Law Firm, representing AT&T, applauded the City and staff for
taking proactive steps to provide a regulatory roadmap for the rapid and responsible deployment
of small cells in the right-of-way. He discussed concerns his firm has with the Ordinance
conflicting with federal and state law relating to the definition of an eligible facilities request which
omits bay stations, which would include all utility poles in the city’s right-of-way. It would be in
the best interest of all stakeholders to clarify the 600-foot separation requirement would not apply
to replacement poles. In terms of vault design standards, the City’s definition is more restrictive
and requires that meter boxes are included in the 17-cubic foot dimensional standard which
conflicts with currently controlling state law.
Councilmember Cunniff asked if notice of these installations could be provided in utility bills.
Marr replied staff is exploring notification options and the current thought is to maintain a webpage
with current applications; utility bill inserts could be examined.
Councilmember Cunniff stated he would like citizens to be notified as these installations are
somewhat different than an underground utility.
Councilmember Overbeck suggested notification through mailers, social media, and the website.
He asked if the City can spot-check the devices for emissions. Marr replied that is an approach
the City could take; however, San Francisco takes that approach and has had limited efficacy in
terms of identifying violations. To date, staff has not received direction from Council to conduct
independent monitoring; however, the City does take direction from FCC regulations and carriers
are required to certify through them that standards are met.
Councilmember Overbeck asked what process would occur should a City employee find excess
emissions from a device. Marr replied the FCC is the only entity that can enforce a violation;
therefore, the City would likely notify the FCC to follow-up and take a measurement. There may
be an opportunity in the master lease agreements to demonstrate compliance in a higher manner;
however, that has not been fully explored.
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 143, 2017, on Second Reading, as amended to replace subsection C(1)(a) with new
language related to vault standards.
Councilmember Cunniff acknowledged frustration with the limited purview of the City on this
matter, but commended staff work and the proposed aesthetic standards. He requested and
received Council support to direct staff to return with notification options.
Mayor Pro Tem Horak supported notification suggestions and encouraged the City to develop an
informational program on FCTV.
Councilmember Overbeck encouraged the use of NextDoor as a means of communication.
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RESULT: ORDINANCE NO. 143, 2017, ADOPTED AS AMENDED ON SECOND READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 144, 2017, on Second Reading.
RESULT: ORDINANCE NO. 144, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
11. Second Reading of Ordinance No. 163, 2017, Repealing and Reenacting Article V of Chapter 24
of the Code of the City of Fort Collins and Amending the Fort Collins Traffic Code Regarding
the Residential Parking Permit Program. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 21, 2017, updates the City Code
and Traffic Code to include elements of the Residential Parking Permit Program (RP3) as discussed
at the August 22, 2017 Work Session, and changes some existing provisions that are no longer being
used. Amendments to the Code will provide the City Manager to create regulations regarding the
process for fast tracking areas affected by spillover parking (parking in neighborhoods adjacent to
newly-adopted RP3 zones). Some additional revisions are proposed to ensure consistency between
the current administrative procedures and the Code.
Councilmember Cunniff expressed concern regarding the quorum requirement for engaging 50%
of residents to vote in the formation of a residential parking zone. He stated public elections do
not normally have such a requirement and suggested the elimination of Section 3.
Laurie Kadrich, Planning, Development, and Transportation Director, replied that requirement was
not initially part of the program; however, very low resident participation was an issue. Outreach
to neighborhoods was improved and this threshold was established. This is the same threshold
used for neighborhoods to vote on traffic mitigation.
Councilmember Cunniff asked how the process has been improved to ensure identification of
property owners. Seth Lorson, Transit Planner, replied addresses are determined through the
Larimer County Assessor’s information, duplicate addresses are removed, ballot language clearly
states only one ballot can be cast per resident in the district, and signature certification is required
on ballots.
Councilmember Stephens asked how many votes have not passed as a result of not having a
quorum. Lorson replied there were no failed votes regarding regular RP3 zones; however, it did
happen in the stadium event additions. Subsequent complaints have not been heard from
neighborhoods that did not adopt the zones as a result of not having a quorum.
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Councilmember Stephens asked if residents can bring the issue up for a vote again if it fails
initially. Lorson replied in the affirmative.
Councilmember Summers asked about the ballot process. Lorson replied it is the final step in the
outreach for the creation of an RP3 zone. Prior to that, residents must submit a petition for zone
creation and a neighborhood meeting including both renting residents and owners as well as
surrounding area residents occurs.
Councilmember Summers asked about petition requirements. Lorson replied it requires 10
resident signatures.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 163, 2017, on Second Reading.
Councilmember Cunniff commended the Residential Parking Permit Program as a good option for
neighborhoods but stated there has been at least one situation in which the quorum requirement
caused an issue.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to strike (c)(3)
on page 4 of the Ordinance. He stated the requirement does not exist for most other voting
processes.
Councilmember Stephens expressed concern with removing the quorum altogether as this is a large
change for neighborhoods.
Councilmember Summers supported keeping some type of quorum requirement and noted only 10
resident signatures are required for a reconsideration. He asked about the timeline requirement
from a failed initiative to a reconsideration. Kadrich replied there is no limitation on that, however
neighborhoods with low participation have been encouraged to wait a year or so and staff has
offered to do additional outreach during that time.
Councilmember Overbeck stated staff has developed some expertise on dealing with
neighborhoods and citizens are pleased with the results of RP3 zone establishment. Lorson
discussed the block-by-block manner in which zones are being adopted near CSU.
Councilmember Cunniff suggested a 10% quorum number.
Councilmember Stephens asked about the development of the 50% quorum number. Kadrich
replied that was developed when Kurt Ravenschlag first started working with RP3 zones, he
identified there had not been a consistent number of people petitioning and identifying the zones.
He researched these zones in other communities and created recommendations for his staff team.
Councilmember Summers stated he is most comfortable with the Ordinance as written and
discussed the importance of neighborhood action in encouraging residents to vote.
Councilmember Cunniff discussed his concern that property owners, not renting neighbors, are
voting.
Councilmember Stephens suggested a 1/3 quorum number.
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Councilmember Martinez stated he is not opposed to the staff recommendation and noted this is a
significant change for neighborhoods.
Councilmember Overbeck asked if staff is anticipating the end of RP3 zones in the near future.
Lorson replied there are likely two more zones and others may be subject to additions.
Councilmember Overbeck stated he is in support of the staff recommendation given the success of
the program thus far.
Councilmembers Cunniff and Overbeck accepted a 1/3 quorum number as a friendly amendment
in the interest of discussion.
The vote on the motion to amend was as follows: Yeas: Stephens and Cunniff. Nays: Martinez,
Summers, Overbeck and Horak.
THE MOTION FAILED.
Councilmember Cunniff requested staff do some analysis of recent votes, particularly around the
stadium, and find ways to correct some of the issues. He requested staff notify Council when a
vote is pending and the results of the vote.
City Manager Atteberry stated staff will address process improvements to address the concerns
brought to Councilmember Cunniff’s attention.
Councilmember Stephens suggested petitioners could be empowered with ways to help notify and
engage neighbors.
Councilmember Overbeck suggested staff return in a year with an update and commended the RP3
program overall.
Councilmember Summers questioned whether property owners should be the appropriate party to
vote in the case of income properties given tenants would be the main parties affected.
Councilmember Overbeck agreed with Councilmember Summers’ suggestion.
Mayor Pro Tem Horak supported the staff recommendation.
Councilmember Cunniff agreed with Mayor Pro Tem Horak that property owners are the correct
metric.
RESULT: ORDINANCE NO. 163, 2017 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
(Secretary's note: the Council took a brief recess at this point in the meeting.)
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• DISCUSSION ITEMS
12. First Reading of Ordinance No. 172, 2017, Amending Article III of Chapter 12 of the Code of the
City of Fort Collins Regarding Smoking in Public Areas. (Adopted as Amended on First Re)
The purpose of this item is to consider changes to the downtown smoking ordinance as consistent
with the direction given by Council at the August 22 Work Session. The changes include placing a 10
p.m. to 5a.m. window in which the ordinance would not be in effect, and two options related to having
designated smoking areas within the downtown zone, one of which creates up to eight areas and one
which would allow smoking in all alleys within the zone.
Tyler Marr, Policy and Project Manager, stated the current smoking Ordinance, which went into
effect in 2016, prohibits smoking in the downtown area, on City-owned property, and at City-
sponsored special events. At an August work session, Council requested the exploration of a non-
criminal offense, a lifting of the restriction between 10 p.m. and 5a.m., and potential designated
areas. Concerns with the existing Ordinance include the large size of the downtown no smoking
area which leads to employee smoke breaks taking much longer, difficulty in notifying visitors,
competitive disadvantage for businesses, and the criminal offense aspect and enforcement
damaging relationships with police and other City staff. Alternatively, there are comments that
these restrictions are necessary and advance important health and livability goals within the city.
Marr discussed the three proposed changes to the Ordinance. The first, which was approved on
the Consent Agenda, created a new petty offense category within the Municipal Code. This carries
a maximum fine of $500 and no jail time. The second modification would lift the downtown
smoking restrictions between 10 p.m. and 5 a.m. The third change is related to designated smoking
areas. One option creates several small designated smoking zones within the downtown area. The
second option would allow smoking in all alleys, which makes education and signage easier.
However, it would be more difficult for non-smokers to avoid and would conflict with the 20-foot
rule. The third option would leave the ordinance as is.
Alan Braslau supported the smoke-free environment and encouraged Council to make no changes
to the current Ordinance.
Katherine (no last name given), Larimer County Department of Health and Environment,
discussed a community collaboration addressing the health concerns affecting youth. She stated
communities that enact laws that limit substance use have lower rates of youth substance use and
encouraged Council to make no changes to the current Ordinance.
Kevin Taylor encouraged Council to make no changes to the current Ordinance and suggested
even strengthening it.
Ryan Houdek, owner of several downtown restaurants, stated he has never had an issue avoiding
smoke when navigating the downtown area. He opposed the current Ordinance and stated
compliance will only come with easier, enforceable solutions. He supported reducing the offense,
lifting the restriction between 10 p.m. and 5 a.m., and allowing smoking in alleys and 20 feet away
from doors and windows.
Christa Timmerman, Larimer County Department of Health and Environment, discussed the
County’s efforts at reducing youth tobacco use and encouraged Council to consider public health
best practices and youth tobacco prevention when making its decision.
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Jennifer Seiwald, downtown business owner, opposed allowing smoking in alleys. She opposed
changes to the existing Ordinance, but stated she would rather have designated smoking areas if a
change is to be made.
Councilmember Cunniff asked how staff determined the locations of the designated smoking
zones. Marr replied staff attempted to find zones in every block face within alleys that did not
violate the 20-foot rule.
Councilmember Cunniff asked how the 10 p.m. time was determined. Marr replied there is
generally a large increase in smoking after 10 p.m.
Councilmember Cunniff asked about the petty offense category and needed language changes.
City Attorney Daggett replied the category of petty offense was created on the Consent Agenda
and Section 4 of this Ordinance makes that apply to the smoking Ordinance.
Councilmember Overbeck asked why the neighborhood meeting occurred so closely to this
Council meeting. Marr replied it took until last Thursday to ensure the proposed zones could be
operationalized and enforced.
Councilmember Overbeck asked if individuals can smoke in their cars if windows are rolled up.
Marr replied in the affirmative.
Councilmember Martinez stated allowing smoking in alleys is counter to the City’s efforts at
improving alleys. He supported helping employers encourage employees to quit smoking versus
enabling them to have a space to smoke.
Councilmember Overbeck asked why the library area was not included. Marr replied Council gave
clear direction to not modify the ordinance related to City parks, natural areas, and other property.
Councilmember Overbeck asked how staff is addressing the issue of smokers leaving the library
to smoke in front of residences. Marr replied those concerns have been heard not only at the
library, but in other areas around town and that is a challenge with this Ordinance.
Councilmember Overbeck asked if the no smoking area could be expanded from Olive to Peterson
up to Mountain. Marr replied that is an option for Council to consider. City Attorney Daggett
recommended a new Ordinance be brought forth if Council wanted to make such a change.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 172, 2017, on First Reading, as amended to maintain the petty offense change but
strike all other changes.
Councilmember Cunniff supported the petty offense aspect as it makes it more likely the
Ordinance will be enforced. He stated there are often families out past 10 p.m. and most of the
proposed designated smoking areas are close to the smoke-free boundaries. He suggested directing
staff to designate smoking areas outside the boundaries.
City Attorney Daggett outlined the necessary language changes to the Ordinance and
recommended striking the section dealing with delayed implementation. Councilmembers Cunniff
and Overbeck agreed to the changes.
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Councilmember Stephens stated she toured the designated smoking areas and there is a case to be
made for having an area to which smokers can be directed out of the throughways. She stated this
may also make enforcement easier as officers can direct people to proper areas.
Councilmember Overbeck stated he was sympathetic to the employee issue; however, he has since
had many citizens comment they are concerned about the downtown ban being lifted. He noted
nicotine gum can be chewed as well.
Councilmember Martinez stated it may create more of a challenge for police officers to direct
smokers to a different area. It is not a right for individuals to impose their second-hand smoke on
others and suggested the creation of employee smoking cessation programs.
Councilmember Stephens stated she is not trying to promote smoking but is attempting to be a
realist and having the zones would help keep smokers off College Avenue. There is an
enforcement issue and smoking is still occurring despite the ban.
Councilmember Summers stated he understands Councilmember Stephens’ concerns. He asked if
consideration has been given to shrinking the no smoking area. Marr replied Council directed staff
to leave the boundaries of the zone as is at its August work session; however, public outreach
efforts found some people feel it is too large.
Councilmember Summers asked if the smoking prohibition includes e-cigarettes. Marr replied in
the affirmative.
Councilmember Martinez stated second-hand smoke trespasses on others’ freedom to stay healthy.
He admitted people will still smoke in the downtown area, but stated citizens will generally respect
the ban.
Mayor Pro Tem Horak stated he would support the motion and stated it would be very difficult to
shrink the smoke-free area.
Councilmember Overbeck requested future public outreach be done earlier in the process.
Councilmember Stephens stated she would support the motion and encouraged County health
employees to reach out to restaurant workers.
RESULT: ORDINANCE NO. 172, 2017 ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
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• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
13. First Reading of Ordinance No. 166, 2017, Appropriating Prior Year Reserves in the General
Fund to Reimburse Woodward, Inc. for Development Fees and Use Tax. (Adopted as Amended
on First Reading)
The purpose of this item is to appropriate $42,614 of prior year reserves for a rebate to Woodward,
Inc. for use tax under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055,
2013). The agreement provides business investment assistance for the relocation of Woodward’s
headquarters, as well as an expansion of its manufacturing and office facilities to a new location at the
corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and
1,700 primary jobs in the City.
Eric Sutherland stated this appropriation is in violation of the City Charter.
Mayor Pro Tem Horak requested City Attorney Daggett respond to Mr. Sutherland’s comments.
City Attorney Daggett replied Mr. Sutherland has articulated a long-standing disagreement in
interpretation between himself and the City Attorney’s Office. Council clearly identified public
purposes to be accomplished by these expenditures.
Councilmember Cunniff asked why there is not a whereas clause detailing the public purpose.
City Attorney Daggett replied one could be included.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett read a new final whereas clause that discusses public purpose and ties into
the Ordinance by which Council adopted the agreement originally.
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 166, 2017, on First Reading, as amended to include the new whereas clause.
Mayor Pro Tem Horak asked if the clause should include mention of public infrastructure.
City Attorney Daggett stated the language could be updated for Second Reading.
RESULT: ORDINANCE NO. 166, 2017, ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
• OTHER BUSINESS
Councilmember Overbeck requested and received Council support to direct staff to examine a
potential no smoking zone around the library.
Councilmember Overbeck asked about the scope of the target area for an occupancy study and
suggested it encompass a wider area in order to be inclusive and thorough.
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Mayor Pro Tem Horak stated the study should include representatives from different
neighborhoods who have been actively involved in the subject. He stated there are different ways
to be involved and suggested HOAs be contacted.
City Manager Atteberry requested Councilmember Overbeck provide specific names and
neighborhoods for inclusion in the study.
• CALL OF SPECIAL MEETING
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, pursuant to
Section 2-29(a) of the City Code, that the City Council call a special meeting of the Council to
take place on Wednesday, December 13, 2017, at 6:00 p.m. for the purpose of conducting a pre-
application hearing under Section 2.1.2(h) of the Land Use Code regarding the Montava project.
Mayor Pro Tem Horak stated this meeting will not be presented on live FCTV as there is an
agreement with Larimer County to use the channel on specific dates; however, it will be recorded
and available on the City’s website.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
• ADJOURNMENT
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 p.m. on Tuesday, December 12, 2017, for the purpose of holding a possible executive session
to discuss personnel matters and for consideration of such other matters that may come before the
Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
The meeting adjourned at 9:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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December 12, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Schmidt, Coldiron
1. Resolution 2017-106 Authorizing Execution of an Intergovernmental Agreement Concerning
Boxelder Basin Regional Stormwater Authority Project Improvements. (Adopted)
The purpose of this item is to authorize the Mayor to execute a new intergovernmental agreement
among the founding members of the Boxelder Basin Regional Stormwater Authority (BBRSA) and the
Town of Timnath (or the Timnath Development Authority) (Timnath). Several issues and concerns
have been raised by the founding members of the BBRSA concerning fees, long term asset
maintenance and how the BBRSA will be ultimately dissolved. Staff has worked with the other
members and Timnath (not a member of the Authority but a participant in the funding of an Authority
asset) to resolve outstanding issues and propose a path to long term asset care and Authority
dissolution.
The proposed Agreement memorializes the agreements among the parties. With this agreement, all
members commit to promptly remitting all fees due the BBRSA which will allow final payment of the
Day Settlement by Dec 31, 2017. The agreement includes cost sharing details for future expenses,
creation of maintenance reserve accounts for the two principal assets, outlines the transfer of these
assets to Larimer County plus the maintenance reserve accounts after the Colorado Water
Conservation Board (CWCB) loans are paid in full and maintenance reserve accounts have been filled
from BBRSA revenue and provisions for allocation of maintenance and repair costs in excess of the
funded reserve accounts.
Mike Beckstead, Chief Financial Officer, stated the Boxelder Stormwater Authority was formed
in 2009 with the objective of correcting some multi-jurisdictional issues in the Boxelder Basin. In
the original agreement, there was no clear definition of how to handle long-term maintenance for
assets of the Basin or the disposition of the Authority. He detailed the cost share for Boxelder
partners and stated revenues are anticipated to allow a faster pay down on the debt and buildup of
the reserves than the debt schedule covers; therefore, the paydown of the debt should be
synchronized with the buildup of the long-term reserve funds.
Beckstead provided a summary of the Authority’s cash flow and stated the IGA includes a grant
match reimbursement waiver, the remittance of fees, and settlement ratification. The Authority
would be dissolved once the loan is paid down, the assets have been transferred, and an
equalization payment is made. Should the Mulberry annexation occur, it may have a significant
effect on how revenue is recognized. The agreement does not create any new obligations for rate
payers in any of the jurisdictions and assets will transfer to the care of the County upon dissolution
of the Authority.
Beckstead stated there was no opposition to this agreement during outreach efforts and the County
has agreed to support the agreement.
Eric Sutherland stated this agreement does not comport with Colorado law.
Councilmember Martinez asked how audit committee members are selected. Mayor Pro Tem
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Horak replied the audit committee was created to continue the ad hoc committee and to
institutionalize the work that has been occurring.
Councilmember Martinez asked about the $500,000 out-of-court settlement. Judy Schmidt, Senior
Assistant City Attorney, replied a court proceeding between the Authority and the property owner
did occur; however, the City was not a party to the settlement.
Mayor Pro Tem Horak stated the settlement with the Days holds each party harmless, was for
$1.68 million and included several items.
Councilmember Martinez asked if the Colorado Constitution or City Charter are being violated in
this instance. Schmidt replied in the negative and stated the City Attorney’s Office disagrees with
those assertions.
Councilmember Cunniff asked if there is any time period when the funds in the Authority’s fund
balance go negative. Beckstead replied in the negative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2017-106.
Mayor Pro Tem Horak noted Timnath is considering its town budget as well as its development
authority budget, within which are the funds for their portion. He commended Timnath,
Wellington, and the County for their partnership and stated the audit committee is a good idea. He
complimented Beckstead on his work.
Councilmember Cunniff stated he would support the motion.
Mayor Troxell stated this IGA reflects a good solution and thanked Mayor Pro Tem Horak for his
work on Fort Collins’ behalf.
Mayor Pro Tem Horak changed his motion to include the amended agreement. Councilmember
Overbeck accepted the change.
RESULT: RESOLUTION 2017-106 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the Council go
into Executive Session as permitted under Section 2-31(a)(1) of the City Code and Colorado
Revised Statutes 24-6-402(4)(f)I for the purpose of discussing the compensation of the City
Manager, City Attorney, and Municipal Judge.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
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• OTHER BUSINESS
Mayor Pro Tem Horak discussed the Platte River Power Authority board meeting during which
the Zero Net Carbon profile analysis was presented. The analysis was done independently by a
consultant and showed a financially feasible path forward. New transmission lines will be needed;
however, details have yet to be outlined.
Councilmember Cunniff stated he would prefer no new road construction with transmission line
construction.
Mayor Pro Tem Horak noted there is nothing considered for the Soapstone property.
Mayor Troxell stated this is positive for Fort Collins and encouraged the City Manager and staff
to take this report and proactively apply it to our distribution utility.
• ADJOURNMENT
The meeting adjourned at 7:19 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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December 13, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff,
ABSENT: Horak
Staff Present: Atteberry, Schmidt, Coldiron
• DISCUSSION ITEMS
1. Montava Project Pre-Application Hearing. (No Action Taken)
The purpose of this item is to allow the potential applicant of the Montava Project in northeast Fort
Collins to receive preliminary comments from the City Council regarding the applicant's overall
proposal in order to assist the developer in determining whether to file a development application.
Mayor Troxell state the purpose of the hearing was for the developer to make a presentation
regarding the overall project, receive comments from the public, and for Council to provide
comments regarding the overall project to assist the developer in deciding whether to file a formal
development application for the project. There is currently no pending development application
for this project and Council will not be making any decisions regarding the project at this hearing.
Mayor Troxell outlined the order of proceedings.
Jeff Mihelich, Deputy City Manager, stated the criteria for a pre-application hearing involve a
project of communitywide significance. The developer has the option to move forward with a
formal development application, at which time, there will be many more opportunities for public
dialogue and comment. The development is 900 acres in size in the far northeast corner of the
City.
Max Moss, HF2M, discussed the history of his time in Fort Collins and stated Montava is loosely
translated as “mountain sun”. He discussed the charrette and various groups involved in the project
to this point. The project will involve an agri-urban farming component, will be built to a higher
energy standard, and has a goal of creating new utility interconnection.
Mr. Moss stated the key to transportation in this area is distribution. The plan is to keep the existing
grid and utilize planned connections. Mr. Moss discussed stormwater in the area, the view
corridor, and the proposed plan to move the PSD high school land and redistribute the elementary
and middle school land. The plan includes community commercial development, but no big box
commercial development, will rely heavily on Nature in the City, and will provide integrated
affordable housing.
Financial incentives are not being requested; however, challenges and opportunities do exist in
terms of raw water for potable use, rezoning to a new overlay zone, Code flexibility, long term
vested property rights, adequate public facilities, and metropolitan district formation.
Deputy City Manager Mihelich stated the proposed plan is very consistent with the Mountain Vista
Subarea Plan and its unique, scalable components are positive. He noted the plan as presented
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could not move forward following the strict application of the Land Use Code; therefore, the
recommendation is to create a planned unit development overlay district in the City Code. A
metro district should be considered given on-site and off-site utility challenges.
Jim Myles requested staff and Council pay particular attention to the impact of this development
on infrastructure, resources, and community interaction.
Linda Ripley, Ripley Design, Inc., stated she is representing land owners adjacent to the proposed
development. The overall proposed project vision is excellent; however, it will require significant
changes to the Master Street Plan and City zoning.
Al Panther stated he had been impressed with the Montava thought processes; however, he
questioned the affordable housing aspects.
Brian Devine questioned what steps have been taken to ensure current housing values will not
decrease and expressed concern about the proposed multi-family location.
Mr. Moss stated his direct contact information is on the Montava website.
Deputy City Manager Mihelich stated any new development follows a fee structure to ensure it
pays for itself in terms of utilities. He suggested community interactions hinge on appropriate
infrastructure and communication. Low to moderate-income house is typically 30% of median
income; however, ensuring there is true affordable housing in the development will involve
language in the development agreement and deed restrictions.
Councilmember Cunniff asked if the proposed metro district fits within the existing City policy.
Deputy City Manager Mihelich replied it would not meet the exact criteria at this point; however,
it is close. Josh Birks, Economic Health Director, stated it would be difficult to determine whether
certain aspects comply due to the lack of detailed information at this point in the process.
Councilmember Cunniff suggested that the proposed metro district be required to comply as
closely as possible to the existing metro district policy. He asked about the progress of the Vine
and Lemay overpass and Vine and Timberline intersection. Deputy City Manager Mihelich replied
the creation of a special improvement district would cover more area and require more
undeveloped properties to contribute to those major infrastructural improvements. Chad Crager,
City Engineer, stated Council recently approved $1.4 million to move forward with the first phase
of construction of the Vine and Lemay project. Different funding alternatives will be presented at
an upcoming Council Finance Committee meeting. Joe Olson, Traffic Operations, stated the long-
term plan for Timberline and Vine is similar to the Lemay and Vine intersection; however, an
interim improvement of a traffic signal is being considered.
Councilmember Cunniff stated he is not supportive of a toll road and would rather see
developments fund those types of improvements. He asked if techniques such as conservation
easements will be considered. Mr. Moss replied the land will likely be donated to a co-op, which
will manage and maintain it under some type of management agreement between the community
and the operation. The only provision Montava may include would be allowing it to buy the land
back should the co-op not provide a farmer for the land.
Councilmember Cunniff discussed the importance of wildlife corridors, view sheds, Nature in the
City, and dark skies. He asked if the developer is aware of any pending oil and gas operations in
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the area. Mr. Moss replied they are buying the mineral rights and will not use them.
Councilmember Cunniff requested staff examine better tools and oversight for the affordable
housing component.
Councilmember Overbeck asked if organic farming is being considered. Mr. Moss replied Native
Hill is an organic farmer.
Councilmember Overbeck asked about the impact of Boxelder. Mr. Moss replied the cost of the
development will be about $30 million higher by building it in the Boxelder district. He committed
to finding solutions that will best address all concerns and have the least impact on existing
customers in the service area.
Councilmember Overbeck commended the multi-generational housing ideas. He discussed the
importance of making Nature in the City accessible for all.
Councilmember Martinez commended Mr. Moss on his presentation and requested he expand on
his renewable energy plans. Mr. Moss discussed the net zero concept which includes solar. He
stated it is not sustainable for the development to not rely on the utility grid to some extent;
however, he is working with the City to provide a long-term sustainable solution.
Councilmember Martinez asked if the 110 acres for industrial area is sufficient. Mr. Moss replied
the City is currently evaluating its employment and industrial needs. Distributing employment
will benefit the area and the development.
Councilmember Martinez asked if there is any consideration for low-income housing. Mr. Moss
replied those considerations are just starting.
Councilmember Martinez asked if a day care center is being considered. Mr. Moss replied he is
aware of the need but cannot promise its inclusion.
Councilmember Martinez asked about Mr. Moss’ comments relating to developing a housing
factory to quickly build homes. Mr. Moss replied he is working with another homebuilder on
creating a structure that brings automation to the home building process. This is currently being
done in other Colorado locations.
Councilmember Martinez asked about the future of Turnberry in the development. Paul Sizemore,
FC Moves Program Manager, replied it is actively under discussion as part of the City Plan process.
The area needs to be connected to the highway and to the downtown area.
Councilmember Martinez stated Timberline cannot be the only option. Sizemore stated Turnberry
and the Mountain Vista/Suniga corridor will be important connections.
Councilmember Martinez asked if adding transit routes will be a goal for this project. Deputy City
Manager Mihelich replied in the affirmative and stated cost sharing details have yet to be worked
out.
Councilmember Martinez asked if community gardens are being considered. Mr. Moss replied in
the affirmative.
Councilmember Summers asked about the full build out projection for number of homes. Mr.
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Moss replied it is approximately 2,500 single-family units and about the same number of multi-
family units.
Councilmember Summers asked how the farm products would be distributed. Mr. Moss replied
Native Hill currently sells to a CSA and restaurants and that model will continue.
Councilmember Summers commended Mr. Moss and his team on their entrepreneurship and
innovation.
Councilmember Stephens asked if designating a building for child care is not allowed in a metro
district. Birks replied that is being evaluated; however, metro district facilities must be accessible
for everyone and cannot necessarily benefit a private business that would operate inside the
facility.
Councilmember Overbeck asked about bicycle paths in the area. Deputy City Manager Mihelich
replied those details have yet to be determined; however, pilot projects and the awareness of the
importance of a connected community will aid in that process.
Councilmember Cunniff requested staff provide an analysis of the impact of this project on Poudre
River stream flows.
Mayor Troxell commended Mr. Moss and his team as well as the systems approach and integration.
He discussed the importance of distributed energy, urban agriculture, and transit and bike
integration. He commended the pre-application process and hearing.
Councilmember Cunniff discussed the importance of the project cost being born as much as is
practical by those receiving its benefit.
RESULT: NO ACTION TAKEN
• ADJOURNMENT
The meeting adjourned at 8:12 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
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Attachment: December 13, 2017 (6331 : Minutes-12/5, 12/12, 12/13)
Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Clay Frickey, City Planner
Brad Yatabe, Legal
SUBJECT
Postponement to January 16, 2018, of Second Reading of Ordinance No. 136, 2017, Approving the Addition of
Permitted Use Associated with the Long Pond Wireless Telecommunications Facility Project Development
Plan #160018.
EXECUTIVE SUMMARY
Staff is requesting postponement to January 16, 2018, of Council’s consideration of this Ordinance on Second
Reading.
After closing the public hearing at First Reading of this Ordinance on December 19, 2017, City Council
requested staff input regarding the possibility of adding three more conditions to its approval of the Long Pond
Wireless Telecommunications Addition of Permitted Use (APU) (in addition to those conditions already
included in Ordinance No. 136, 2017, as adopted). It is recommended that Council reopen the public hearing
to consider additional evidence pertaining to additional conditions or other issues specified by Council and
allow comment on such matters by both the applicant and the public. Postponement of Second Reading to
January 16, 2018 will allow time for required notice to be provided for the reopening of the public hearing on
this item. Reopening the public hearing on January 16 will allow new information related only to the three
conditions to be added to the record.
This Ordinance, unanimously adopted on First Reading on December 19, 2017 approved, with conditions, the
Long Pond Wireless Telecommunications APU, made in conjunction with PDP160018. The APU would allow
the addition of wireless telecommunication facilities as a permitted use on a parcel of land located in the Low
Density Mixed-Use Neighborhood (LMN) zone district. Wireless telecommunication facilities are not a
permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless telecommunications facility disguised
as a silo at 2008 Turnberry Road. On First Reading, a condition was added that reduced the height of the
facility to 45 feet or less and specified a location for the facility near the existing barn located in the northeast
portion of the site.
STAFF RECOMMENDATION
Staff recommends postponement of consideration of the Ordinance on Second Reading to January 16, 2018.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (PDF)
2. Ordinance No. 136, 2017 (PDF)
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Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Clay Frickey, City Planner
Brad Yatabe, Legal
SUBJECT
Consideration of the Long Pond Wireless Telecommunications Facility Addition of Permitted Use Request.
EXECUTIVE SUMMARY
A. Public Hearing and First Reading of Ordinance No. 136, 2017, Approving the Addition of Permitted Use
Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018.
OR
B. Public Hearing and First Reading of Ordinance No. 137, 2017, Denying the Addition of Permitted Use
Associated with the Long Pond Wireless Telecommunications Facility Project Development Plan #160018.
The purpose of this item is to decide whether to approve, approve with conditions, or deny the Long Pond
Wireless Telecommunications Addition of Permitted Use request (APU) being made in conjunction with
PDP160018. The APU would allow the addition of wireless telecommunication facilities as a permitted use on a
parcel of land located in the Low Density Mixed-Use Neighborhood (LMN) zone district. Wireless
telecommunication facilities are not a permitted use in the LMN. PDP160018 proposes a 60-foot tall wireless
telecommunications facility disguised as a silo at 2008 Turnberry Road.
STAFF RECOMMENDATION
Staff recommends approval of the Long Pond Wireless Telecommunications Facility Addition of Permitted Use
request subject to the following conditions:
The applicant shall reduce the height of the proposed wireless telecommunications facility to 45 feet or
less and move the facility further north to be closer to the outbuildings to assure compatibility with the
area and cannot be changed without an amendment by the approving authority.
BACKGROUND / DISCUSSION
PDP160018 proposes the installation of a 60-foot tall wireless telecommunications facility at 2008 Turnberry
Road. The applicant proposes to disguise the facility as a silo. 2008 Turnberry Road is 4.512 acres in size and
contains a single-family detached home with a series of outbuildings. The Maple Hill and Story Book
neighborhoods are north and south of the site, with County subdivisions located on the west side of Turnberry
Road. Anheuser-Busch/InBev’s land extends to the east property line of 2008 Turnberry Road. Wireless
telecommunications facilities are not an allowed use in the zone in which this project is located. Ordinance No.
080, 2015, amended the Land Use Code to require City Council approval for Addition of Permitted Use
applications in eight residential zone districts. One of the zone districts in this list is the Low Density Mixed-Use
Neighborhood zone district.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6330 : SR 136 Long Pond APU POSTPONEMENT)
Agenda Item 22
Item # 22 Page 2
Regulations from the Federal Communications Commission (FCC) also apply to wireless telecommunication
facility applications. The Wireless Telecommunications Act of 1996 contains regulations that limit how
municipalities can regulate wireless telecommunication facilities. Cities may not ban wireless telecommunication
facilities or zone their city in such a way to de facto ban wireless telecommunication facilities. Cities also may
not deny applications for wireless telecommunication facilities based on health impacts. Northeast Fort Collins
contains few parcels that have zoning that allow wireless telecommunications facilities. The applicant has been
unable to obtain a lease with property owners that have properly zoned land.
Based on direction received from Council at the October 3, 2017 hearing for this item, City staff retained a
consultant, Center for Municipal Solutions, to review this submittal for compliance with the Wireless
Telecommunications Act of 1996. Center for Municipal Solutions provided the City with its initial report on
November 2, 2017. Based on this report, Atlas Tower provided the City and Center for Municipal Solutions with
additional information regarding the coverage gaps this facility expects to fill. Center for Municipal Solutions
provided a supplemental report based on this additional information on December 5, 2017.
Historically, staff has not invoked section 3.5.1 of the Land Use Code dealing with architectural compatibility for
wireless telecommunication facilities. Building is a defined term in the Land Use Code. The definition of a building
is as follows:
Building shall mean any permanent structure built for the shelter or enclosure of persons, animals,
chattels or property of any kind, which is governed by the following characteristics:
(1) is permanently affixed to the land;
(2) has one (1) or more floors and a roof; and
(3) is bounded by either open space or the lot lines of a lot.
Wireless telecommunications facilities do not provide shelter. Section 3.5.1, therefore, does not apply since a
wireless telecommunications facility does not meet the definition of a building. Section 3.8.13(C)(15) requires
stealth technology for all wireless facilities and equipment. This addresses compatibility issues by requiring
wireless projects to blend into their surroundings.
Compliance with APU Criteria
In order to grant an APU, the proposal must meet a set of criteria outlined in Section 1.3.4(C)(1) of the Land Use
Code. The project complies with these criteria as follows:
A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added
Wireless telecommunications equipment is a use allowed in all zones. Wireless telecommunications equipment
is defined as, “… equipment used to provide wireless telecommunication service, but which is not affixed to or
contained within a wireless telecommunication service facility, but is instead affixed to or mounted on an existing
building or structure that is used for some other purpose,” per the definitions found in Article 5 of the Land Use
Code. What this implies is that equipment which facilitates improved wireless connectivity is allowed citywide.
The difference between wireless telecommunications equipment and a facility is that the facility is a freestanding
structure for the sole purpose of providing wireless connectivity. The difference between the two uses is design,
not function. As such, the proposed use is appropriate in the LMN zone district.
B. Section 1.3.4 (C)(1)(b) - Such use conforms to the basic characteristics of the zone district and the other
permitted uses in the zone district to which it is added
Per section 4.5(A) of the Land Use Code, the purpose of the LMN zone is, “… to be a setting for a predominance
of low density housing combined with complementary and supporting land uses that serve a neighborhood and
are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose
of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of
housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated
into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides
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Agenda Item 22
Item # 22 Page 3
a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small
neighborhood parks. Any new development in this District shall be arranged to form part of an individual
neighborhood.”
As established in the previous section, wireless telecommunications equipment is an allowed use in the LMN
zone. This means uses allowing for improved wireless connectivity are not inherently in conflict with the other
uses allowed in the zone. The purpose of the zone also calls for uses that support a neighborhood that are
developed and operated in harmony with the residential characteristics of a neighborhood. Since wireless
telecommunications uses are accessory to principle uses and provide a needed service for residents of a
neighborhood, a wireless telecommunications facility conforms to the basic characteristics of the LMN zone so
long as the facility is designed in harmony with the existing neighborhoods surrounding the site. As such, the
proposal satisfies this criterion based on the conditions of approval recommended in the subsequent section of
this AIS.
C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal
negative impact on the use of nearby properties
The applicant proposes this facility in this location due to the need for cell phone coverage in this portion of the
City. Per the propagation maps supplied by the applicant, cell phone coverage is poor in northeast Fort Collins.
Two websites dedicated to providing crowd sourced cell coverage maps, Open Signal and Sensorly, back up
this claim. In the portion of the City where Verizon has coverage gaps, only six parcels within the city limits have
zoning that would allow wireless telecommunications facilities. All of these parcels are owned by Anheuser-
Busch/InBev. Anheuser-Busch/InBev’s parcels do not make good candidates for a wireless tower to serve the
neighborhoods the provider is looking to serve per the applicant’s project narrative. None of the other parcels in
the applicant’s search ring that are within the city limits have zoning that would allow a wireless
telecommunications facility.
Many properties near the development site, however, are still located in Larimer County. County zoning allows
commercial mobile radio services, synonymous with wireless telecommunication facilities, in all zones subject
to special review. If a development proposal in the County is on a parcel contiguous with the city limits and is
subject to special review, then the property would be required to annex into the City of Fort Collins. Per the
Structure Plan Map, none of the parcels in the applicant’s search ring would enter the City of Fort Collins with
zoning that would allow a wireless telecommunications facility except for one. The property that would enter the
City with appropriate zoning would be the Fort Collins Country Club. Fort Collins Country Club also denied the
applicant’s request for a lease. The county parcels not contiguous to city limits in the applicant’s search ring are
lots containing single-family detached homes, which do not make ideal sites for a cell tower.
Given this scenario, the sites best suited for a cell tower are large sites that will allow the tower to be sited away
from nearby developments to mitigate the size of the tower. The large sites nearby include Maple Hill Park,
Richards Lake Park, the future school site owned by Poudre School District (PSD), the future Northeast
Community Park site, and the legacy farm lots along Turnberry Rd. Neither the City of Fort Collins nor PSD allow
leases for cell towers on their property. The only remaining large lots in the search ring are along Turnberry Rd.,
including the site under consideration with this development application. Given the FCC’s requirement to allow
cell towers, the proposed development site is as appropriate a site as any in the applicant’s search ring.
Land Use Code section 3.8.13(C)(2) and 3.8.13(C)(15) require wireless telecommunications facilities to fit into
the context surrounding the site and to also use stealth technology to hide the facility to the extent reasonably
feasible. Immediately adjacent to the site on the south is a single-family detached home on a large lot. Maple
Hill sits north of the development site with one parcel separating the development site from Maple Hill. Maple
Hill comprises single-family detached homes, a neighborhood park, open space, and a neighborhood pool. Story
Book lies south of the development site. Similarly to Maple Hill, Story Book comprises single-family detached
homes and open space. Across Turnberry Rd., west of the development site, are a number of County
subdivisions. These County subdivisions comprise small multi-family developments, townhomes, and single-
family detached homes on large lots. PSD owns the land east of the development site. PSD proposes a school
to be located here in the future. Anheuser-Busch/In Bev owns the land east of the PSD site, which is currently
used as an agricultural operation. The development site itself contains a two-story, single-family detached home
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6330 : SR 136 Long Pond APU POSTPONEMENT)
Agenda Item 22
Item # 22 Page 4
with a variety of out buildings. The out buildings indicate the property was likely used as a farm prior to the area
developing.
The context consists predominantly of one- and two-story residential structures. Few non-residential structures
exist near the development site. Most of the buildings are new construction from the 2000’s with the development
in the County and home immediately to the south containing buildings from various decades. No structure nearby
exceeds 40 feet in height. Given the burgeoning residential areas around the site and the agricultural activities
beyond the surrounding neighborhoods, a silo is an appropriate design. A silo would harken back to the
agricultural roots of the site and could appear integral to the existing site if designed and located properly. The
current design and location of the silo, however, do not appear integral to the site.
Two silos near the development site are emblematic of how silos function on agricultural sites in Fort Collins.
Both silos are 30-40 feet in height and are located near outbuildings. Both silos are constructed out of cement
and feature a flat top. The proposed facility is 60 feet tall and located away from the series of outbuildings on the
development site. The scale of the proposed silo is too tall compared to other, existing silos in the area to be
construed as being part of an active agricultural operation. The location of the silo on the site does not appear
integral to the operation of the site.
Staff proposes two conditions of approval to meet this criterion of the Addition of Permitted Use process:
1. The silo is reduced in height to 45 feet.
2. The silo should be located at the north end of the site close to the existing outbuildings to appear integral
to the site.
These conditions of approval will allow the proposal to meet this criterion of the APU process while also better
meeting other provisions on the Land Use Code. This design and location would also minimize the impact of the
facility on the property immediately south of the site while still keeping the silo interior to the site and thus
minimizing the impact on other neighbors. Staff recommends a 45-foot tall silo to allow for co-location in
accordance with Land Use Code section 3.8.13(B). While a 60-foot tower would allow more co-location
opportunities, a 45-foot tower would be more in scale with the neighborhood and minimize the visual impact of
the tower. At this height, another carrier could locate on the tower while keeping the facility more in scale with
the surrounding neighborhood and other silos nearby.
D. Section 1.3.4(C)(1)(d) - Such use does not create any more offensive noise, vibration, dust, heat, smoke,
odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction,
adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services,
adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development,
than the amount normally resulting from the other permitted uses listed in the zone district to which it is
added
Cell towers do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other
objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental
impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health,
safety, morals, or other adverse impacts of development, than the amount normally resulting from the other
permitted uses listed in the zone district to which it is added. Aesthetically, should the cell tower be designed
and located as recommended per the conditions of approval for Criterion C, the tower will also have no greater
impact than any of the other permitted uses in the LMN zone. A 45-foot tall silo structure located near agricultural
outbuildings will appear akin to other silos near the development site, which satisfies this criterion.
E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area
The predominant character of the surrounding area is that of a suburban, residential community. Just as the two
silos nearby on Vine Dr. do not define the character of that corridor, nor shall the proposed silo define the
character of this neighborhood. The proposed silo, should the conditions of approval to Criterion C be approved,
will recede into the background of the neighborhood and will not define the area, satisfying this requirement.
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Agenda Item 22
Item # 22 Page 5
F. Section 1.3.4(C)(1)(f) - Such use is compatible with the other listed permitted uses in the zone district to
which it is added
As established for Criterion A, wireless telecommunications equipment is an allowed use. This means the design
of a wireless telecommunications facility is the principal consideration for establishing compatibility with the
surrounding neighborhood. The proposed conditions of approval for Criterion C would keep the proposed tower
in scale with the surrounding neighborhoods and locate the tower appropriately to minimize community impacts
and make the silo appear integral to the operation of the development site. Given the findings of Criterion A and
the recommended conditions of approval for Criterion C, staff finds the proposed use is compatible with the other
listed permitted uses in the zone district to which it is added.
G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood,
shall be subject to two (2) neighborhood meetings, unless the Director determines, from information
derived from the conceptual review process, that the development proposal would not have any
significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal
of an application. The second neighborhood meeting must take place after the submittal of an application
and after the application has completed the first round of staff review
Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on March
30, 2016, prior to submittal of a development application. Staff convened a second neighborhood meeting on
May 17, 2017, after the first round of staff review.
H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of
the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code
The proposed use is a Wireless Telecommunications Facility, which satisfies this criterion.
In addition to these criteria, Section 1.3.4(C)(3)(c) also requires Addition of Permitted Use applications to not be
detrimental to the public good, comply with the standards in Section 3.5.1, and not be specifically listed as a
prohibited use in the zone district. The proposed wireless telecommunications facility is not detrimental to the
public good. As mentioned earlier, Section 3.5.1 applies to buildings. Wireless telecommunications facilities do
meet the definition of a building and so this standard is not applicable. The LMN zone district does not have any
uses that are expressly forbidden, so this application also meets this standard.
BOARD / COMMISSION RECOMMENDATION
At the September 14, 2017 Planning and Zoning Board meeting, the Board voted 4-1 to recommend denial of
the application. The Board found the application does not meet the APU criteria in Land Use Code Section
1.3.4(C)(1). More specifically, the Board found the proposed use is not compatible with the neighborhood and
does not conform with the basic characteristics of the zone district and the other permitted uses in the zone
district.
PUBLIC OUTREACH
Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential
neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal
of a formal development application with the City and one must be held after the first round of staff review. In
compliance with this code section, the applicant held the first neighborhood meeting on March 30, 2016 at Tavelli
Elementary School. 70 neighbors attended the meeting. After this meeting, the applicant submitted their
development application with the City on May 25, 2016. The applicant held the second neighborhood meeting
on May 17, 2017. 54 neighbors attended this meeting. Neighbors raised the following issues at these meetings:
Concern about radio frequency emissions
The proposed use is not compatible with the surrounding neighborhoods
A 60-foot tower is too tall and obtrusive
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6330 : SR 136 Long Pond APU POSTPONEMENT)
Agenda Item 22
Item # 22 Page 6
Concern about traffic from wireless companies servicing the tower
Worried that a cell tower will decrease the value of their home
ATTACHMENTS
1. Staff report and attachments provided to Planning and Zoning Board, September 14, 2017 (PDF)
2. Planning and Zoning Board minutes, September 14, 2017 (PDF)
3. Center for Municipal Solutions Report, November 2, 2017 (PDF)
4. Response Narrative from Atlas Tower, November 28, 2017 (PDF)
5. Sherman and Howard Letter, November 30, 2017 (PDF)
6. Center for Municipal Solutions Supplemental Report, December 6, 2017 (PDF)
7. Revised Coverage Maps from Verizon Wireless, November 28, 2017 (PDF)
8. Resident Comments received by 12:00 p.m., December 13, 2017 (PDF)
9. Powerpoint presentation (PDF)
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6330 : SR 136 Long Pond APU POSTPONEMENT)
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ORDINANCE NO. 136, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE ADDITION OF PERMITTED USE ASSOCIATED WITH
THE LONG POND WIRELESS TELECOMMUNICATIONS FACILITY
PROJECT DEVELOPMENT PLAN #160018
WHEREAS, Project Development Plan #160018 (“PDP#160018”) proposes the placement
of a wireless telecommunications facility in the Low Density Mixed-Use Neighborhood zone
district (“L-M-N zone”) on the parcel located at 2008 Turnberry Road, parcel number 8832005002
(the “Parcel”); and
WHEREAS, wireless telecommunications facilities are not an allowed use in the L-M-N
zone; and
WHEREAS, a request pursuant to Land Use Code (“LUC”) Section 1.3.4(C)(3), Addition
of Permitted Use, has been made in conjunction with PDP#160018 for the addition of wireless
telecommunications facilities as an allowed use on the Parcel (the “APU”); and
WHEREAS, pursuant to LUC Section 1.3.4(C)(3), the Planning and Zoning Board
(“P&Z”) shall make a recommendation to Council regarding the APU, Council shall be the
decision maker on the APU by ordinance, and P&Z shall be the decision maker on the primary
application, PDP#160018; and
WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(g), and in satisfaction of such
requirement, two neighborhood meetings were held regarding the APU with the first meeting held
prior to the submittal of the development application on March 30, 2016, and the second meeting
held after submittal of the development application and completion of the first round of staff
review on May 25, 2017; and
WHEREAS, pursuant to LUC Section 1.3.4(C)(1)(h), and in satisfaction of such
requirement, the proposed use is not a medical marijuana business as defined in Section 15-452 of
the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code;
and
WHEREAS, pursuant to LUC Section 1.3.4(C)(3)(c) regarding the requirement that the
proposed use of telecommunications facilities is specifically prohibited in the L-M-N zone, and in
satisfaction of such requirement, wireless cell facilities are not specifically listed as a prohibited
use in the L-M-N zone; and
WHEREAS, at its September 14, 2017, regular meeting, P&Z held a hearing on the APU
and recommended to Council by a vote of 4 to 1 that Council not approve the APU; and
WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further described below,
that must be satisfied in order for Council to approve the APU; and
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WHEREAS, the APU was originally scheduled for October 17, 2017, but Council
continued the hearing on October 17 to November 21 to allow City staff time to evaluate the issues
raised in a letter from legal counsel for Verizon Wireless; and
WHEREAS, at the request of the APU applicant Atlas Tower, Council further continued
the hearing on November 13 to December 19, 2017; and
WHEREAS, on December 19, 2017, Council held a public hearing on the APU at which
the APU applicant, members of the public, and City staff presented Council with evidence,
testimony and argument.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the Council, after holding a public hearing on December 19, 2017, at
which members of the public, the APU applicant, and City staff provided evidence and argument,
and after considering the P&Z recommendation on the APU, hereby approves the requested APU
to add wireless telecommunication facilities as a use specifically limited to the Parcel located in
the L-M-N zone.
Section 3. That the Council imposes the following condition or conditions of approval:
(1) The addition of wireless telecommunication facilities as a permitted use on the Parcel
is conditional upon the approval of PDP#160018. Upon a final decision to deny
PDP#160018 and the conclusion of any related appeals and subsequent action, if
PDP#160018 is ultimately denied, the approval of the APU granted herein shall
automatically terminate and shall thereafter be null and void.
(2) To satisfy the requirement set forth in Land Use Code Section 1.3.4(C)(1), the wireless
telecommunications facility shall:
(a) Be 45 feet or less in height; and
(b) Be located further north than proposed in order to be closer to the existing
outbuildings on the Parcel and such location shall not be changed without an approved
amendment to PDP#160018 and approval of a new addition of permitted use pursuant
to Land Use Code Section 1.3.4(F) if required pursuant to Section 1.3.4(F).
Section 4. That the Council, based on the evidence and information which was
provided and presented to the Council at the hearing in this matter, and in consideration of the
conditions of approval imposed in above Section 3, makes the following findings of fact and
conclusions of law:
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(1) The APU satisfies the criteria set forth in LUC Section 1.3.4(C)(1) as follows:
(a) Such use is appropriate in the L-M-N zone.
(b) Such use conforms to the basic characteristics of the L-M-N zone and the other
permitted uses in the L-M-N zone.
(c) The location, size and design of such use is compatible with and has minimal
negative impact on the use of nearby properties.
(d) Such use does not create any more offensive noise, vibration, dust, heat, smoke,
odor, glare or other objectionable influences or any more traffic hazards, traffic
generation or attraction, adverse environmental impacts, adverse impacts on public or
quasi-public facilities, utilities or services, adverse effect on public health, safety,
morals or aesthetics, or other adverse impacts of development, than the amount
normally resulting from the other permitted uses listed in the L-M-N zone.
(e) Such use will not change the predominant character of the surrounding area.
(f) Such use is compatible with the other listed permitted uses in the L-M-N zone
district.
(g) The LUC requirement for two neighborhood meetings regarding the APU was
fulfilled with the first meeting held prior to the submittal of the development
application on March 30, 2016, and the second meeting held after submittal of the
development application and completion of the first round of staff review on May 25,
2017.
(h) Such use is not a medical marijuana business as defined in Section 15-452 of the
City Code or a retail marijuana establishment as defined in Section 15-603 of the City
Code.
(2) The APU is not detrimental to the public good;
(3) The APU is in compliance with the applicable requirements and criteria contained in
LUC Section 3.5.1; and
(4) The APU is not specifically listed as a "prohibited use" in the L-M-N zone.
Section 5. That the Council’s approval of the APU in this Ordinance is based upon the
development proposal described in PDP#160018 and the associated APU request, the conditions
of approval set forth in above Section 3, the testimony and evidence presented at the December
19, 2017, APU hearing, and the P&Z recommendation and hearing record. Unless otherwise
specified as a condition of approval of the APU, any changes to the use or to its location, size, and
design, in a manner that changes the predominant character of or increases the negative impact
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Attachment: Ordinance No. 136, 2017 (6330 : SR 136 Long Pond APU POSTPONEMENT)
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upon the surrounding area, will require the approval of a new addition of permitted use under the
LUC.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 136, 2017 (6330 : SR 136 Long Pond APU POSTPONEMENT)
Agenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Sara Lynd, Police Sergeant
SUBJECT
Items Relating to the Fort Collins Traffic Code.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins Traffic Code.
B. Second Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort Collins
Traffic Code Regulating Bicycles.
These Ordinances, unanimously adopted on First Reading on December 19, 2017, amend the Fort Collins
Traffic Code to ensure that the Code is consistent with Colorado traffic laws.
Changes were made to Section 2101(2) between First and Second Reading to be consistent with current City
Code provisions that allow power-driven mobility devices, including electrical assisted bicycles, to be used by
persons with temporary or permanent mobility disabilities on bike or pedestrian paths or recreational trails.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 19, 2017 (PDF)
2. Ordinance No. 173, 2017 (PDF)
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Sara Lynd, Police Sergeant
Bronwyn Scurlock, Legal
SUBJECT
Items Relating to the Fort Collins Traffic Code.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 173, 2017, Amending Various Sections of the Fort Collins Traffic Code.
B. First Reading of Ordinance No. 174, 2017, Amending Various Sections of Part 21 of the Fort Collins Traffic
Code Regulating Bicycles.
The purpose of this item is to ensure that the Fort Collins Traffic Code (the Traffic Code) is consistent with
Colorado traffic laws.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Colorado General Assembly regularly amends certain statutory provisions relating to traffic laws. At the
time of the most recent adoption of the Traffic Code, it was the understanding of staff and Council that the Traffic
Code would most likely be subject to future amendments, not only for the purpose of clarification and correction
of errors, but also to ensure that the Traffic Code remains consistent with state traffic laws.
Ordinance No. 173, 2017 reflects proposed changes to the Traffic Code to be consistent with amended or
recently adopted statutory provisions relating to commercial vehicles, motorcycles, misuse of wireless
telephones, use of earphones while driving, operation on approach of emergency vehicles, nuisance exhibition
of motor vehicle exhaust, and driving under restraint. Further, staff has recognized an error in the speed limit
provision of the Traffic Code, and recommends making it clear that no person shall drive a vehicle on a highway
at a speed greater than the posted speed limit or an official traffic control device. Staff has also proposed a
clarification to the stopping, standing or parking prohibition in that all measurements shall be calculated laterally
along the curb or edge of the roadway to ensure consistent enforcement.
Ordinance No. 174, 2017 reflects proposed changes to Part 21 of the Traffic Code regulating bicycles to be
consistent with amended or recently adopted statutory provisions including a revised definition of an electrical
assisted bicycle with three new classes of electric assisted bicycles and pertinent regulations. Class 1 is
equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance
when the bicycles reaches a speed of twenty miles per hour. Class 2 is equipped with a motor that provides
assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches
a speed of twenty miles per hour. Class 3 is equipped with a motor that provides assistance only when the rider
is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per
hour.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (6326 : SR 173 174 Traffic Code)
Agenda Item 9
Item # 9 Page 2
The new state law grants local authorities the ability to prohibit the use of an electric assisted bicycle on bike or
pedestrian paths. The discussion of whether to allow electric assisted bicycles on trails is anticipated to go to
the Bicycle Advisory Committee and the Transportation Board in February or March of 2018 to determine
whether they will proceed with a formal recommendation about electric assisted bicycles on trails. In the
meantime, staff proposes adding a provision into the Traffic Code prohibiting all persons riding electric assisted
bicycles while the motor is engaged on a bike or pedestrian path or on a recreational trail, consistent with current
City Code parks, trails and recreation area regulations.
BOARD / COMMISSION RECOMMENDATION
Coinciding with the recent State legislation and in anticipation of the update to City Plan, the City's Bicycle
Advisory Committee (BAC) embarked on a process to evaluate Fort Collins current code as it relates to the use
of electric assisted bicycles on Fort Collins’ paved trail system. Through this process, the BAC has developed a
white paper outlining the history of previous electric assisted bicycle discussions in Fort Collins, relevant
legislation, and summarizing information from affected City departments. This paper was unanimously
supported by the BAC on August 28, and subsequently presented to the Transportation Board on September
20, 2107. The Transportation Board recommended further outreach to City boards and commissions to seek
their input on the topic. The BAC is currently conducting outreach to affected boards and commissions, and
anticipates bringing the topic back to the BAC and Transportation Board in February/March 2018 to determine
next steps and whether they will proceed with a formal recommendation about electric assisted bicycles on trails.
The BAC and Transportation Board are still in the fact-finding portion of this effort and have not expressed an
official position on electric assisted bikes at this time.
The topic of allowing or disallowing electric assisted bicycles on local and regional trails is also being discussed
at a regional level with the NoCo Bicycle and Pedestrian Collaborative and Northern Colorado Regional Open
Space entities. With a desire to maintain consistency across regional trails, conversations and decisions among
partner jurisdictions will be an important component to the Bicycle Advisory's evaluation and the City's position.
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (6326 : SR 173 174 Traffic Code)
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ORDINANCE NO. 173, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS SECTIONS OF THE FORT COLLINS TRAFFIC CODE
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council adopted
the Fort Collins Traffic Code (The “Traffic Code”); and
WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of
staff and the City Council that the Traffic Code would most likely be subject to future amendments,
not only for the purpose of clarification and correction of errors, but also for the purpose of
ensuring that the Traffic Code remains consistent with Colorado traffic laws; and
WHEREAS, the Colorado General Assembly has amended certain statutory provisions
relating to commercial vehicles, motorcycles, misuse of wireless telephones, use of earphones
while driving, and operation on approach of emergency vehicles; and
WHEREAS, the Colorado General Assembly has added new statutory provisions including
nuisance exhibition of motor vehicle exhaust and driving under restraint due to an outstanding
judgment; and
WHEREAS, City staff has reviewed these changes to state law and recommends amending
the Traffic Code to be consistent with such changes; and
WHEREAS, staff has also recognized an error in the speed limit provision of the Traffic
Code, and recommends amending it to make it clear that no person shall drive a vehicle on a
highway at a speed greater than the posted speed limit or an official traffic control device.
WHEREAS, staff has also proposed a clarification to the stopping, standing or parking
prohibition in that all measurements shall be calculated laterally along the curb or edge of the
roadway to ensure consistent enforcement; and
WHEREAS, the Council has determined that these Traffic Code amendments are in the
best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 235 of the Fort Collins Traffic Code is hereby amended to read
as follows:
235. Minimum standards for commercial vehicles.
(1) As used in this Section, unless the context otherwise requires:
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(a) Commercial vehicle means a self-propelled or towed vehicle:
(I) bearing an apportioned plate;
(II) having a manufacturer’s gross vehicle weight rating or gross
combination rating of at least sixteen thousand one (16,001) pounds
and used in commerce on public highways; or
(III) having a manufacturer’s gross vehicle weight rating or gross
combination rating of at least sixteen thousand one (16,001) pounds
and used to transport sixteen (16) or more passengers, including the
driver, unless the vehicle is a school bus or a vehicle that does not
have a gross vehicle weight rating of twenty-six thousand one
(26,001) or more pounds and that is owned or operated by a school
district so long as the school district does not receive remuneration,
other than reimbursement of the school district’s costs, for the use
of the vehicle.
(b) Department means the Department of Public Safety.
(c) Motor carrier means every person, lessee, receiver or trustee appointed by
any court whatsoever owning, controlling, operating or managing any commercial
vehicle.
(2) No person shall operate a commercial vehicle on any public highway unless such
vehicle is in compliance with the rules and regulations adopted by the Department.
Any person who violates a rule or regulation promulgated by the Department
commits a traffic offense.
Section 3. That Section 236(c) of the Fort Collins Traffic Code is hereby amended to
read as follows:
236. Child restraint systems required – definition- exemptions.
. . .
(c) Motor vehicle means a passenger car; a pickup truck; or a van, minivan or sport
utility vehicle with a gross vehicle weight rating of less than ten thousand (10,000)
pounds. Motor vehicle does not include motorcycles that are not autocycles, low-
power scooters, motorscooters, motorbicycles, motorized bicycles and farm
tractors and implements of husbandry designed primarily or exclusively for use in
agricultural operations.
. . .
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Section 4. That Section 237 of the Fort Collins Traffic Code is hereby amended to read
as follows:
237. Safety belt systems – mandatory use – exemptions – penalty.
(1) As used in this Section:
. . .
(b) Safety belt system means a system utilizing a lap belt, shoulder belt or any
other belt or combination of belts installed in a motor vehicle or an
autocycle to restrain drivers and passengers, which system conforms to
federal motor vehicle safety standards.
(2) Unless exempted pursuant to Subsection (3) of this Section, every driver of and
every front seat passenger in a motor vehicle and every driver and every passenger
in an autocycle equipped with a safety belt system shall wear a fastened safety belt
while the motor vehicle is being operated on a street or highway on the City.
. . .
Section 5. That Section 239 of the Fort Collins Traffic Code is hereby amended to read
as follows:
239. Misuse of wireless telephones - definitions.
. . .
(3) No person shall use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or transmission while
operating a motor vehicle.
. . .
(5) (a) A person who operates a motor vehicle in violation of Subsection (2) of this
Section commits a traffic infraction defined in Section 1-15 of the City
Code, and the court shall assess a minimum fine of fifty dollars ($50).
(b) The court shall assess a fine of one hundred dollars ($100) upon a second
or subsequent violation of Subsection (2) of this Section.
(5.5) (a) A person who operates a motor vehicle in violation of subsection (3) of this
Section commits a class 2 misdemeanor traffic offense, and the court shall
assess a fine of three hundred dollars ($300).
(6) (a) An operator of a motor vehicle shall not be cited for a violation of
Subsection (2) of this Section unless the operator was under eighteen (18)
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years of age and a law enforcement officer saw the operator use a wireless
telephone.
(b) An operator of a motor vehicle shall not be cited for a violation of
Subsection (3) of this Section unless a law enforcement officer saw the
operator use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or transmission, in a
manner that caused the operator to drive in a careless and imprudent
manner, without due regard for the width, grade, curves, corners, traffic,
and use of the streets and highways and all other attendant circumstances,
as prohibited by Section 1402.
. . .
Section 6. That Part 3 of the Fort Collins Traffic Code is hereby amended by the
addition of a new Section 303 which reads in its entirety as follows:
303. Nuisance exhibition of motor vehicle exhaust – prohibition.
(1) A person shall not engage in nuisance exhibition of motor vehicle exhaust, which
is the knowing release of soot, smoke, or other particulate emissions from a motor
vehicle with a gross motor vehicle weight rating of fourteen thousand pounds or
less into the air and onto roadways, other motor vehicles, bicyclists, or pedestrians,
in a manner that obstructs or obscures another person’s view of the roadway, other
users of the roadway, or a traffic control device or otherwise creates hazard to a
driver, bicyclist, or pedestrian.
a. This prohibition does not apply to:
(I) A commercial vehicle;
(II) A common carrier;
(III) A motor carrier of passengers;
(IV) A motor carrier of towed motor vehicles;
(V) A motor carrier of household goods;
(VI) A motor vehicle used for agricultural purposes; or
(VII) Any other vehicle used for commercial activities.
(2) Any person who violates the provisions of Subsection (1) of this Section is guilty
of a traffic infraction and will be fined one hundred dollars ($100).
Section 7. That Section 705(3) of the Fort Collins Traffic Code is hereby amended to
read as follows:
705. Operation on approach of emergency vehicles.
. . .
3.2
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Attachment: Ordinance No. 173, 2017 (6326 : SR 173 174 Traffic Code)
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(3) A driver in a vehicle shall exhibit due care and caution and proceed as described in
Paragraphs (a), (b) and (c) of this Subsection (3) when approaching or passing a
stationary authorized emergency vehicle that is giving a visual signal by means of
flashing, rotating, or oscillating red, blue, or white lights as permitted by Section
213 or 222; a stationary towing carrier vehicle that is giving a visual signal by
means of flashing, rotating, or oscillating yellow lights; or a stationary public utility
service vehicle that is giving a visual signal by means of flashing, rotating, or
oscillating amber lights.
(a) On a highway with at least two (2) adjacent lanes proceeding in the same
direction on the same side of the highway where a stationary authorized
emergency vehicle, stationary towing carrier vehicle, or stationary public
utility service vehicle is located, the driver of an approaching or passing
vehicle shall proceed with due care and caution and yield the right-of-way
by moving into a lane at least one (1) moving lane apart from the stationary
authorized emergency vehicle, stationary towing carrier vehicle, or
stationary public utility service vehicle, unless directed otherwise by a
peace officer or other authorized emergency personnel. If movement to an
adjacent moving lane is not possible due to weather, road conditions or the
immediate presence of vehicular or pedestrian traffic, the driver of the
approaching vehicle shall proceed in the manner described in Paragraph (b)
of this Subsection (3).
(b) On a highway that does not have at least two (2) adjacent lanes proceeding
in the same direction on the same side of the highway where a stationary
authorized emergency vehicle, stationary towing carrier vehicle, or
stationary public utility service vehicle is located, or if movement by the
driver of the approaching vehicle into an adjacent moving lane, as described
in Paragraph (a) of this Subsection (3), is not possible, the driver of an
approaching vehicle shall reduce and maintain a safe speed with regard to
the location of the stationary authorized emergency vehicle, stationary
towing carrier vehicle, or stationary public utility service vehicle, weather
conditions, road conditions and vehicular or pedestrian traffic and proceed
with due care and caution, or as directed by a peace officer or other
authorized emergency personnel.
(c) Any person who violates Subsection (3) of this Section commits careless
driving as described in Section 1402.
Section 8. That Section 1101 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1101. Speed limits.
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(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable
and prudent under the conditions then existing and in no event greater than the
posted speed limit or a speed limit designated by an official traffic control device.
(2) Except when a special hazard exists that requires a lower speed, the following
speeds are hereby established, and no person shall drive a vehicle in excess of such
speed:
. . .
Section 9. That Section 1204 of the Traffic Code is hereby amended to read as follows:
1204. - Stopping, standing or parking prohibited in specified places.
. . .
(2) Except as otherwise provided in Subsection (4) of this Section, in addition to the
restrictions specified in Subsection (1) of this Section, no person shall stand or park a
vehicle, except when necessary to avoid conflict with other traffic or in compliance with
the directions of a police officer, emergency services personnel, or an official traffic control
device, in any of the following places:
(a) Within five (5) feet of a public or private driveway; except
(I) Buses engaged as common carriers, school busses or taxicabs may stop in
such locations to load and unload passengers.
(II) Vehicles being expeditiously loaded and unloaded, provided that the
vehicle's flashing emergency lights are activated and the vehicle is not
obstructing traffic.
(b) Within fifteen (15) feet of a fire hydrant;
(c) Within twenty (20) feet of a crosswalk;
(d) Within thirty (30) feet upon the approach to any flashing beacon or signal, stop
sign, yield sign or traffic control signal located at the side of a roadway;
(e) Within twenty (20) feet of the driveway entrance to any fire station or on the side
of a street opposite the entrance to any fire station, within seventy-five (75) feet of
said entrance when properly signposted;
(f) With less than two (2) feet of clearance between vehicles;
(g) At any other place where official signs or red curb markings are used to prohibit
standing or parking.
3.2
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Attachment: Ordinance No. 173, 2017 (6326 : SR 173 174 Traffic Code)
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For purposes of this Subsection (2) and the following Subsection (3), all measurements
shall be calculated laterally along the curb or edge of the roadway.
. . .
Section 10. That a new Section 1402.1 is hereby added to the Fort Collins Traffic Code
and reads in its entirety as follows:
1402.1 Driving under restraint.
Any person who drives a motor vehicle or off-highway vehicle upon any highway of this
state with knowledge that the person’s license or privilege to drive, either as a resident or
nonresident, is under restraint for an outstanding judgment is guilty of a traffic infraction.
The fine must not be more than one hundred ($100) dollars, and there may not be a
reduction in the three (3) point penalty.
Section 11. That Section 1411 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1411. Use of earphones while driving.
(1) No person shall operate a motor vehicle while wearing earphones.
(2) For purposes of this Subsection (1), earphones includes any headset, radio, tape
player or other similar device which provides the listener with radio programs,
music or other recorded information through a device attached to the head and
which covers all of or a portion of the ears. Earphones do not include speakers or
other listening devices that are built into protective headgear or a device or portion
of a device that only covers all or a portion of one ear and that is connected to a
wireless, hand-held telephone.
Section 12. That Section 1502 of the Fort Collins Traffic Code is hereby amended to
read as follows:
1502. Riding on motorcycles or low-power scooters – protective helmet.
. . .
(4.5) (a) Except as provided in paragraph (c) of this Subsection, a person shall not
drive or ride as a passenger on a motorcycle or low-power scooter on a
roadway unless:
(I) each person under eighteen years of age is wearing a protective
helmet of a type and design manufactured for use by operators of
motorcycles;
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Attachment: Ordinance No. 173, 2017 (6326 : SR 173 174 Traffic Code)
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(II) the protective helmet conforms to the design and specifications set
forth in paragraph (b) of this subsection (4.5); and
(III) the protective helmet is secured properly on the person’s head with
a chin strap while the motorcycle is in motion.
(b) A protective helmet required to be worn by this subsection (4.5) shall:
(I) be designed to reduce injuries to the user resulting from head
impacts and to protect the user by remaining on the user’s head,
deflecting blows, resisting penetration, and spreading the force of
impact;
(II) consist of lining, padding, and chin strap; and
(III) meet or exceed the standards established in the United States
department of transportation federal motor vehicle safety standard
no. 218, 49 CFR 571.218, for motorcycle helmets.
(c) A person driving or riding a motorcycle need not wear a helmet if the
motorcycle has:
(I) three wheels;
(II) a maximum design speed of twenty-five miles per hour or less;
(III) a windshield; and
(IV) seat belts.
Section 13. That Section 2002 of the Fort Collins Traffic Code is hereby amended by
the addition of a new definition “Autocycle” which reads in its entirety as follows:
Autocycle. A three-wheeled motorcycle that does not use handlebars or any other device
that is directly connected to a single front wheel to steer and in which the driver and each
passenger ride in a fully or partly enclosed seating area that is equipped with safety belts
for all occupants. For purposes of this subsection, “partially enclosed seating area” means
a seating area that is entirely or partly surrounded on the sides by the frame or body of a
vehicle but is not fully enclosed.
Section 14. That the definition “Motorcycle” contained in Section 2002 of the Fort
Collins Traffic Code is hereby amended to read as follows:
Motorcycle. An autocycle or a motor vehicle that uses handlebars or any other device
connected to the front wheel to steer and that is designed to travel on not more than three
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Attachment: Ordinance No. 173, 2017 (6326 : SR 173 174 Traffic Code)
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(3) wheels in contact with the ground, except the term does not include a farm tractor, low-
speed electric vehicle, or low-power scooter.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
3.2
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Attachment: Ordinance No. 173, 2017 (6326 : SR 173 174 Traffic Code)
-1-
ORDINANCE NO. 174, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING VARIOUS SECTIONS OF PART 21 OF THE
FORT COLLINS TRAFFIC CODE REGULATING BICYCLES
WHEREAS, on February 18, 2003, by Ordinance No. 016, 2003, the City Council
adopted the Fort Collins Traffic Code (the “Traffic Code”); and
WHEREAS, at the time of the adoption of the Traffic Code, it was the understanding of
staff and the City Council that the Traffic Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Traffic Code remains consistent with Colorado traffic laws; and
WHEREAS, in 2011, the City Council considered whether to permit electric assisted
bicycles on trails in parks and natural areas, and voted against it, only permitting motorized
wheelchairs, or other power mobility devices as defined in Title II of the Americans with
Disabilities Act; and
WHEREAS, on October 6, 2015, by Ordinance No. 120, 2015, the City Council adopted
a new Part 21 of the Traffic Code to include all laws regulating bicycles; and
WHEREAS, the Colorado General assembly has amended certain statutory provisions
relating to electric assisted bicycles; and
WHEREAS, staff recommends including those amendments in Part 21 of the Traffic
Code to make the Traffic Code consistent with state law and the City Code provisions regulating
electric assisted bicycles on trails; and
WHEREAS, the Council has determined that these Traffic Code amendments are in the
best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2002 of the Fort Collins Traffic Code is hereby amended to
read as follows:
2002. Definitions.
. . .
Packet Pg. 55
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(11) Electrical assisted bicycle. A vehicle having two (2) or three (3) wheels, fully
operable pedals, and an electric motor not exceeding seven hundred fifty (750)
watts of power.
Electrical assisted bicycles are further required to conform to one of three classes
as follows:
(a) “Class 1 electrical assisted bicycle” means an electrical assisted bicycle
equipped with a motor that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty (20) miles per hour.
(b) “Class 2 electrical assisted bicycle” means an electrical assisted bicycle
equipped with a motor that provides assistance regardless of whether the
rider is pedaling but ceases to provide assistance when the bicycle reaches
a speed of twenty (20) miles per hour.
(c) “Class 3 electrical assisted bicycle” means an electrical assisted bicycle
equipped with a motor that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches a
speed of twenty-eight (28) miles per hour.
The term “electrical assisted bicycles” shall include class 1, 2 and 3, unless
otherwise specified.
. . .
(16) Motor vehicle. Any self-propelled vehicle that is designed primarily for travel on
the public highways and that is generally and commonly used to transport persons
and property over the public highways or a low-speed electric vehicle; except that
the term does not include electrical assisted bicycles, low-power scooters,
wheelchairs or vehicles moved solely by human power. For purposes of the
offense described in section 1401 of this Traffic Code, motor vehicle includes a
farm tractor or an off-highway vehicle that is not otherwise classified as a motor
vehicle.
. . .
Section 3. That Section 2101 of the Fort Collins Traffic Code is hereby amended to
read as follows:
2101. - General provisions.
(1) Every person riding a bicycle or electrical assisted bicycle upon a roadway where
bicycle and electrical assisted bicycle travel is permitted shall be granted all of the
rights and shall be subject to all of the duties and penalties applicable to the driver
Packet Pg. 56
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of a vehicle as set forth in this Traffic Code, except those provisions of this
Traffic Code that, by their very nature, can have no application. Said riders shall
also comply with special rules set forth in this Part and when using streets and
highways within the City, shall be subject to local ordinances regulating the
operation of bicycles and electrical assisted bicycles as provided in Section 42-4-
111, C.R.S. Whenever the word vehicle is used in any of the driving rules set
forth in this Traffic Code that are applicable to bicycle or electrical assisted
bicycle riders, such term shall include bicycles and electrical assisted bicycles.
(a) These regulations not in conflict with the Rules and Regulations
promulgated by Colorado State University pursuant to Sections 23-5-106
and 107, C.R.S. shall apply on the campus of the University.
(b) The parent of any child or guardian of any ward shall not authorize or
knowingly permit any child or ward to violate any provision of this Part.
(2) All persons are prohibited from riding electrical assisted bicycles while the motor
is engaged on a bike or pedestrian path or on a recreational trail unless otherwise
authorized by the City Code.
(3) Persons prohibited from operating or riding a class 3 electrical assisted bicycle
upon roadways:
(a) A person under sixteen (16) years of age shall not ride a class 3 electrical
assisted bicycle upon any street or highway; except that such person may
ride as a passenger on a class 3 electrical assisted bicycle that is designed
to accommodate passengers.
(b) A person shall not operate or ride as a passenger on a class 3 electrical
assisted bicycle unless:
(I) each person under eighteen (18) years of age is wearing a
protective helmet of a type and design manufactured for use by
operators of bicycles;
(II) the protective helmet conforms to the design and specifications set
forth by the United States Consumer Product Safety Commission
or the American Society for Testing and Materials; and
(III) the protective helmet is secured properly on the person’s head with
a chin strap while the class 3 electrical assisted bicycle is in
motion.
Section 4. That Section 2107 of the Fort Collins Traffic Code is hereby amended to
read as follows:
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2107. - Lights, reflectors and equipment.
(1) Every bicycle or electrical assisted bicycle in use at the times described in Section
204 shall be equipped with a lamp on the front emitting a white light visible from
a distance of at least five hundred (500) feet to the front.
(2) Every bicycle or electrical assisted bicycle shall be equipped with a red reflector
of a type approved by the State Department of Revenue, which shall be visible for
six hundred (600) feet to the rear when directly in front of lawful lower beams of
headlamps on a motor vehicle.
(3) Every bicycle or electrical assisted bicycle when in use at the times described in
Section 204 shall be equipped with reflective material of sufficient size and
reflectivity to be visible from both sides for six hundred (600) feet when directly
in front of lawful lower beams of head lamps on a motor vehicle or, in lieu of
such reflective material, with a lighted lamp visible from both sides from a
distance of at least five hundred (500) feet.
(4) Every bicycle or electrical assisted bicycle shall be equipped with a brake or
brakes that will enable its rider to stop the bicycle or electrical assisted bicycle
within twenty-five (25) feet from a speed of ten (10) miles per hour on dry, level,
clean pavement.
(5) A bicycle or electrical assisted bicycle or its rider may be equipped with lights or
reflectors in addition to those required by Subsections (1) through (3) of this
Section.
(6) No bicycle or electrical assisted bicycle shall be equipped with, nor shall any
person use upon such a vehicle, a siren or whistle.
(7) A person shall not knowingly modify an electrical assisted bicycle so as to change
the speed capability or motor engagement of the electrical assisted bicycle
without also appropriately replacing, or causing to be replaced, the manufacturer
or distributor label, which is required after January 1, 2018, that contains the
classification number, top assisted speed, and motor wattage of the electrical
assisted bicycle.
(8) An electrical assisted bicycle must comply with the equipment and manufacturing
requirements for bicycles adopted by the United States Consumer Safety
Commission and Codified at 16 CFR 1512 or its successor regulation.
(9) A class 2 electrical assisted bicycle must operate in a manner so that the electric
motor is disengaged or ceases to function when the brakes are applied. Class 1
and Class 3 electrical assisted bicycles must be equipped with a mechanism or
circuit that cannot be bypassed and that causes the electric motor to disengage or
cease to function when the rider stops pedaling.
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(10) A class 3 electrical assisted bicycle must be equipped with a speedometer that
displays, in miles per hour, the speed the electrical assisted bicycle is traveling.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 59
Agenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Cassie Archuleta, Senior Environmental Planner
Brad Yatabe, Legal
SUBJECT
Second Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the City of
Fort Collins Regarding Hydraulic Fracturing.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 19, 2017, removes references to a
prohibition on oil and gas related activities from Chapter 12, Article VIII of the City Code. This is an
administrative clean-up item reflecting the 2016 Colorado Supreme Court decision that struck down the City’s
hydraulic fracturing moratorium because state law preempted it.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 19, 2017 (PDF)
2. Ordinance No. 175, 2017 (PDF)
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Cassie Archuleta, Senior Environmental Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 175, 2017, Deleting Chapter 12, Article VIII from the Code of the City of Fort
Collins Regarding Hydraulic Fracturing.
EXECUTIVE SUMMARY
The purpose of this item is to remove references to a prohibition on oil and gas related activities from Chapter
12, Article VIII of the City Code. This is an administrative clean-up item reflecting the 2016 Colorado Supreme
Court decision that struck down the City’s hydraulic fracturing moratorium because state law preempted it.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Hydraulic fracturing (or fracking) is a process used to stimulate production of oil and gas wells, by pumping a
mixture of water, proppants and other chemicals into an underground rock or coal formation. Advances in
hydraulic fracturing technology have led to increased development of oil and natural gas resources in Colorado
and elsewhere. Within Fort Collins City limits, there are currently 10 active oil and gas wells in which hydraulic
fracturing may periodically occur as part of a “re-completion” process to stimulate increased oil and gas
production. A hydraulic fracturing process would also likely occur for any new wells before the wells enters a
production phase.
In November 2013, a citizen-initiated five-year moratorium on the use of hydraulic fracturing within the City or on
lands under its jurisdiction was approved by registered electors of the City. On May 2, 2016, the Colorado
Supreme Court issued a decision in the City of Fort Collins v. Colorado Oil & Gas Association (“COGA”) case
striking down the citizen-initiated ballot measure because the moratorium was preempted by state law. In
accordance with this decision, it is proposed that references to prohibitions on hydraulic fracturing and related
activities be removed from Chapter 12, Article VIII of the City Code.
BOARD / COMMISSION RECOMMENDATION
This item is proposed as an administrative clean-up item and no board or commission recommendations were
sought.
PUBLIC OUTREACH
No public outreach was conducted for this item, as it is considered an administrative clean-up item
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (6327 : SR 175 Fracking Code Amendment)
-1-
ORDINANCE NO. 175, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DELETING CHAPTER 12, ARTICLE VIII FROM THE CODE OF THE
CITY OF FORT COLLINS REGARDING HYDRAULIC FRACTURING
WHEREAS, in May 2016, the Colorado Supreme Court decided in City of Fort Collins v.
Colorado Oil and Gas Association that the City’s moratorium on hydraulic fracturing was
preempted by state law and was invalid and unenforceable; and
WHEREAS, City Code sections 12-135 and 12-136 set forth the City’s hydraulic fracturing
moratorium regulations; and
WHEREAS, because the City’s hydraulic fracturing moratorium is invalid and
unenforceable, City Code section 12-135 and 12-136 are invalid and unenforceable and should be
removed from the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Chapter 12, Article VIII is hereby deleted in its entirety from the Code
of the City of Fort Collins.
Section 3. That the deletion of Sections 12-135 and 12-136 from the Code of the City
of Fort Collins shall not invalidate or otherwise affect any operator agreement executed in
association with such Code sections.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
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Attachment: Ordinance No. 175, 2017 (6327 : SR 175 Fracking Code Amendment)
-2-
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
4.2
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Attachment: Ordinance No. 175, 2017 (6327 : SR 175 Fracking Code Amendment)
Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Kerri Allison, Real Estate Specialist II
Chris Van Hall, Legal
SUBJECT
Second Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property Consisting of a Portion
of Tract A, Prospect Industrial Park Currently Owned by the City of Fort Collins Utilities’ Wastewater Utility
Enterprise as Road Right-of-Way for the Proposed Sharp Point Drive Extension.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on December 19, 2017, declares approximately 1.4
acres of Tract A owned by the City Utilities’ Wastewater Utility Enterprise as right-of-way for the construction of
Sharp Point Drive between Nancy Gray Avenue and Midpoint Drive. Tract A is a 1.9-acre parcel which was
originally platted as a public access and loading easement in the 1970s as part of the Prospect Industrial Park.
The Sharp Point Drive connection was shown on the City’s Master Street Plan in 1998. The platted easement
merged into fee property upon acquisition by the Wastewater Utility Enterprise in 2002.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (PDF)
2. Ordinance No. 176, 2017 (PDF)
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Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Caleb Feaver, Civil Engineer I
Dean Klingner, Engineer & Capital Project Manager
Kerri Allison, Real Estate Specialist II
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 176, 2018, Declaring Certain City-Owned Property Consisting of a Portion of
Tract A, Prospect Industrial Park Currently Owned by the City of Fort Collins Utilities’ Wastewater Utility
Enterprise as Road Right-of-Way for the Proposed Sharp Point Drive Extension.
EXECUTIVE SUMMARY
The purpose of this item is to declare approximately 1.4 acres of Tract A owned by the City Utilities’ Wastewater
Utility Enterprise as right-of-way for the construction of Sharp Point Drive between Nancy Gray Avenue and
Midpoint Drive. Tract A is a 1.9-acre parcel which was originally platted as a public access and loading easement
in the 1970s as part of the Prospect Industrial Park. The Sharp Point Drive connection was shown on the City’s
Master Street Plan in 1998. The platted easement merged into fee property upon acquisition by the Wastewater
Utility Enterprise in 2002.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The connection between Sharp Point/Midpoint and Nancy Gray has been on the City’s Master Street Plan since
1998. Recent multi-use development in the area has made the connection a high priority for the City.
The City Wastewater Utility Enterprise purchased property in this area in 2002. Approximately 1.4 acres of the
1.9-acre Tract A will need to be converted to right-of-way to facilitate the construction of Sharp Point Drive. The
remainder of Tract A (approximately 0.5 acres) will remain fee ownership for the benefit of the City Wastewater
Utility Enterprise.
Stor-More Mini Storage, west of the proposed Sharp Point Drive, was developed in 2006. Public infrastructure
improvements were made in accordance with the Development Agreement and included significant work within
Tract A. The development installed utilities, curb, gutter, landscaping, and sidewalk for the proposed Sharp Point
Drive adjacent to their property. Right-of-way was not dedicated with the Mini Storage development since Tract
A had previously been platted as a public access casement. Additional funds were escrowed for future roadway
improvements.
Long-range City planning efforts have identified the need and locations for a collector street network in this area.
Sharp Point Drive, between Nancy Gray Avenue and Midpoint Drive will consist of two travel lanes, bike lanes,
on-street parking, and sidewalks matching what has already been constructed in the vicinity.
ATTACHMENT 1
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Attachment: First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (6328 : SR 176 Sharp Point/Nancy Gray ROW)
Agenda Item 11
Item # 11 Page 2
The City will construct Sharp Point Drive and a new crossing of the Great Western Railroad through Engineering
Capital Projects. A majority of the project funding is coming from Transportation Capital Expansion Fees
collected from adjacent developments.
Project Goals:
Multi-Modal Connectivity - Provides an at-grade crossing of the Great Western Railroad with a minor
collector street for vehicles, bicycles, and pedestrians
Trail Network Access - Provides a safe and direct route to the Poudre River Trail for residents and
businesses south and west of the Great Western Railroad
Emergency Response - Allows for alternate routes for the Fort Collins Police Department, Larimer County
Sheriff’s Office, and Poudre Fire Authority
Traffic Congestion Relief - Completes the collector street network in this area and provides access
alternatives to the arterial street system of Prospect Road, Timberline Road, and Drake Road
CITY FINANCIAL IMPACTS
City staff has been working on the best approach to ensure that the transaction is consistent with City Charter
requirements to protect the interests of the ratepayers by compensating the Wastewater Utility Enterprise for the
transfer of Tract A from a Utility purpose to a General Fund purpose. Given the existing roadway improvements
and underground utilities within Tract A, the long history of intended use of Tract A, and the fact that the
remainder and adjacent Utilities properties may be developed at some point, staff recommends the following
course of action.
1.4 acres of Tract A will be converted to right-of-way. In exchange, the Engineering Department will:
Work with Utilities staff to determine an appropriate location for a curb cut and drive approach to serve
the Utilities parcel for potential future development.
Credit the Wastewater Utility Enterprise the value of repay and right-of-way dedication requirements
upon development of the property. Repay requirements would be approximately $100,000 (in 2017
dollars).
Staff analysis of the proposal concludes that the value of the future repay obligations represents fair
compensation to the Wastewater Utility Enterprise for the value of the right-of-way conversion.
BOARD / COMMISSION RECOMMENDATION
At its December 7, 2017 meeting, the Water Board recommended approval of this approach. (Attachment 3)
PUBLIC OUTREACH
Staff presented the proposed project at a public open house in April 2016. Since that time staff has met with
numerous business owners, stakeholders, and property owners to discuss the project.
Staff will continue public outreach and engagement efforts with stakeholders in late 2017 and into 2018. A second
open house event will be scheduled in early 2018. The project website will be updated with construction
information after the Construction and Maintenance Agreement is finalized with Great Western Railroad.
Project website is available at: http://www.fcgov.com/engineering/sharppoint.php
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ATTACHMENTS
1. Project Location Map (PDF)
2. Right-of-Way Conversion Map (PDF)
3. Water Board minutes, December 7, 2017 (draft) (PDF)
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ORDINANCE NO. 176, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY CONSISTING OF A PORTION OF
TRACT A, PROSPECT INDUSTRIAL PARK, CURRENTLY OWNED BY THE CITY OF
FORT COLLINS FOR THE BENEFIT OF THE WASTEWATER UTILITY ENTERPRISE AS
ROAD RIGHT-OF-WAY FOR THE PROPOSED SHARP POINT DRIVE EXTENSION
WHEREAS, the City, for the benefit of the Wastewater Utility Enterprise, owns a certain
property known as Tract A Prospect Industrial Park, a 1.9-acre parcel which was originally platted
as a Public Access and Loading Easement in the 1970s; and
WHEREAS, a connection between Sharp Point/Midpoint and Nancy Gray has been on the
City’s Master Street Plan since 1998 and recent multi-use development in the area has made the
connection a high priority for the City; and
WHEREAS, City staff is requesting that the City Council declare approximately 1.4 acres
of Tract A as a right-of-way to facilitate the construction of Sharp Point Drive, and the remainder
of Tract A will remain owned by the City for the benefit of the Wastewater Utility Enterprise; and
WHEREAS, Article XII, Section 6 of the City Charter requires that all revenues of the
City’s utilities be expended only for utility purposes determined by the Council to be beneficial to
the ratepayers; and
WHEREAS, in exchange for converting 1.4 acres of Tract A to a General Fund purpose,
the City’s Engineering Department will work with Utilities staff to determine an appropriate
location for a curb cut and drive approach to serve the parcel for potential future development and
credit the Wastewater Utility Enterprise the value of repay and right-of-way dedication
requirements upon development of the property for approximately $100,000 in 2017 dollars; and
WHEREAS, converting a piece of property owned by the City in fee simple to right-of-
way constitutes a conveyance of an interest in the property, as doing so creates certain public rights
in the property that would not otherwise exist on City-owned property; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of any interests in real property owned by the City, provided
the City Council first finds, by ordinance, that such sale or other disposition is in the best interest
of the City and, for property that is part of the City’s water or utility systems, the City Council
must also find that the disposition of the property will not materially impair the viability of the
system as a whole, and will be for the benefit of the citizens of the City; and
WHEREAS, the City Council determines that converting 1.4 acres of Tract A to right-of-
way to facilitate the construction of Sharp Point Drive is in the best interest of the City and will
benefit the citizens of the City because construction of the road is a high priority to address traffic
needs in the surrounding area; and
WHEREAS, the City Council determines that converting 1.4 acres of Tract A to right-of-
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way will not impair the viability of the wastewater system as a whole, and is beneficial to the
ratepayers of Wastewater Utility Enterprise because the Enterprise will be credited the value of
repay and right-of-way dedication requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby declares that the real property described as
Exhibit “A” shall constitute right-of-way for Sharp Point Drive and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and other such related purposes as may now or in the future be
determined appropriate, and hereby finds that such declaration is in the best interest of the City.
Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes
effective in accordance with Article II Section 7 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
Second Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures
adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on December 19, 2017, amends the City’s Zoning Map
to adjust the location, size and boundary between two zone districts within a 19.55 parcel located at the
southeast corner of South Shields Street and Hobbit Street. The result of the shift is that the Neighborhood
Commercial (N-C) zone is shifted south and reduced by 2.88 acres while the Medium Density Mixed-Use
Neighborhood (M-M-N) zone is shifted north and gains a corresponding amount of land area. As proposed,
the N-C zone would be reduced to 6.42 acres and the M-M-N zone would be enlarged to 13.13 acres.
This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code
and subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with
conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which
voted (6-0) to recommend the rezoning with six conditions. The six conditions have been agreed upon by the
applicant and neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg
neighborhoods), as well as consultation with staff.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 19, 2017 (w/o attachments) (PDF)
2. Ordinance No. 177, 2017 (PDF)
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Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY December 19, 2017
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 177, 2017 Amending the Zoning Map of the City of Fort Collins by Changing
the Zoning Classification for That Certain Property Known as Spring Creek Rezoning REZI170001.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted
in Resolution 2017-017.
The purpose of this item is to amend the City’s Zoning Map to adjust the location, size and boundary between
two zone districts within a 19.55 parcel located at the southeast corner of South Shields Street and Hobbit Street.
The result of the shift is that the Neighborhood Commercial (N-C) zone is shifted south and reduced by 2.88
acres while the Medium Density Mixed-Use Neighborhood (M-M-N) zone is shifted north and gains a
corresponding amount of land area. As proposed, the N-C zone would be reduced to 6.42 acres and the M-M-
N zone would be enlarged to 13.13 acres.
This rezoning of less than 640 acres is subject to the criteria included in Section 2.9.4 of the Land Use Code and
subject to certain conditions in Section 2.9.4(H). Such a zoning may be approved, approved with conditions, or
denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted (6-0) to
recommend the rezoning with six conditions. The six conditions have been agreed upon by the applicant and
neighbors from the surrounding residential neighborhood (including the Sheeley and Wallenberg
neighborhoods), as well as consultation with staff.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
There is no formal development plan currently in the review process. There is, however, a Concept Plan that is
associated with the rezoning that helps to inform all interested parties as to the development potential of the
parcel based on the adjusted zone districts. This Concept Plan forms the basis for the staff recommendation
and the six recommended conditions of approval. The intent of the rezoning is to facilitate a future mixed-use
development that would consist of commercial uses, multi-family apartments and two-family dwellings
(duplexes). Adjusting the two zone district boundaries allows for a smaller scale commercial development than
the current zoning envisions with a corresponding increase in the residential component of the mixed-use
development. The site is undeveloped and vacant.
The request to rezone portions of the two zone districts complies with the standards and criteria of Section
2.9.4(H). In addition, and in compliance with Section 2.9(I), staff is recommending six conditions of approval to
mitigate potential impacts and ensure that all aspects of future development comply with the principles and
ATTACHMENT 1
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policies of the West Central Area Plan and City Plan. There is no need to amend either the Structure Plan Map
or Residential Neighborhood Sign District.
On November 16, 2017, the Planning and Zoning Board voted unanimously (6-0) to recommend approval to City
Council.
1. Background
The surrounding zoning and land uses are as follows:
N: M-M-N Multi-Family (Landmark Apartments)
S: M-M-N Spring Creek
S: M-M-N Hill Pond Townhomes
E: R-L Sheely Addition and Wallenberg Neighborhoods
W: M-M-N Multi-Family (Foothills Apartments)
W: N-C Convenience Center (Spring Creek Plaza)
In 1987, Pulse ODP and Final PUD were approved for a health club on the subject site. Pulse ended up not
pursuing development and moved to Raintree Village where a subsequent entity maintains a current operation.
In conjunction with the 1987 Pulse PUD, the size and shape of the health club dictated the proposed curved
alignment of West Stuart Street (as extended into the site). This alignment, and dedication of public right-of-
way, became the basis for the current zone district boundary between N-C and M-M-N. Now, with no large
structure to determine the West Stuart Street alignment, the current zone district boundary line is found to be
obsolete.
2. Summary of the Review Criteria for Rezoning of Parcels Less Than 640 Acres
Any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (quasi-judicial
versus legislative) shall be recommended for approval by the Planning and Zoning Board or approved by the
City Council only if the proposed amendment is:
Consistent with the City’s Comprehensive Plan; and/or
Warranted by changed conditions within the neighborhood surrounding and including the subject property.
Additional considerations for rezoning parcels less than 640 acres (quasi-judicial):
Whether and the extent to which the proposed amendment is compatible with existing and proposed uses
surrounding the subject land and is the appropriate zone district for the land;
Whether and the extent to which the proposed amendment would result in significantly adverse impacts on
the natural environment.
Whether and the extent to which the proposed amendment would result in a logical and orderly development
pattern.
3. Consistent with the City’s Comprehensive Plan
A. The parcel is located in the West Central Area Plan an element of the City’s comprehensive plan known as
City Plan. The WCAP specifically addresses the subject parcel:
“Significant New Development or Redevelopment”
“Vacant 20-Acre Parcel South of Prospect Road and East of Shields Street.”
“This site is the largest undeveloped tract in the West Central area and includes two zone districts,
Neighborhood Commercial (NC) and Medium Density Mixed-Use Neighborhood (MMN). The NC zone is
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approximately ten acres in size and acts as the core of the parcel, with exposure along Shields Street. This
area is expected to develop in an urbanized commercial manner. Opportunities exist for dwelling units above
commercial space. The MMN zone surrounds the commercial core and is intended to offer a variety of
housing options, as well as a land use transition for the Sheely neighborhood to the east. There is potential
for a well-designed cohesive development that creatively addresses both the market potential and
neighborhood desires for the site.” (Page 23.)
Neighborhood Character:
“LU 1.8 Maintain established, mature neighborhood areas as areas of stability.” (Page 31.)
“LU 1.9 Provide guidelines to ensure new development is compatible with adjacent neighborhoods.” (Page 31.)
“LU 1.10 Emphasize and respect the existing heritage and character of neighborhoods through a collaborative
design process that allows for a neighborhood dialogue.” (Page 33.)
“LU 1.11 Encourage a variety of housing types so that residents from all socio-economic levels may find suitable
housing in the area.
Single family attached should act as a transition to adjacent established neighborhoods;
Housing types should be designed to accommodate a range of tenants over time.
Housing variety is encouraged in order to attract and retain families and allow seniors to age in place.
A diverse mix of occupants contributes to neighborhood stability.
Housing relying solely on four-bedroom units should be discouraged, as a diverse mix of bedrooms per
unit provides greater flexibility, serves a broader range of tenants, and may allow an easier conversion
to owner-occupied units should the demand arise.” (Page 34.)
Taken together, these descriptions and policies establish an expectation that development of this parcel will
factor in neighborhood input and achieve compatibility through project design. In addition to the neighborhood
information meeting, the applicant and representatives of the Sheely and Wallenberg neighborhoods have
engaged in a dialogue to address issues related to the rezoning and potential land development. One result of
these discussions is that the placement of two-family dwellings (duplexes) along the eastern portion of the site
should be included as a condition to provide a land use transition and contribute to neighborhood compatibility
in conjunction with stormwater facilities, landscaping, walkways and trails.
Regarding respecting heritage and neighborhood character, proximity to the Sheely Drive Historic Landmark
District will require subsequent development to comply with Section 3.4.7 of the Land Use Code - Historic and
Cultural Resources. Finally, requiring two distinct housing types as a condition, along with commercial uses, the
future project would not be a one-dimensional, student-oriented apartment complex.
In order to implement W.C.A.P. policies LU 1.8 - LU 1.11, staff recommends condition number one that any
future development plan must include a housing type that offers variety besides multi-family dwellings and
promotes neighborhood compatibility (two-family dwellings in this case). Further, in order to minimize the
impacts associated with relying on the business model that calls for rent-by-the bedroom, which often results in
four-bedroom units or greater, and tends to narrow the market served by the housing, staff recommends
condition number two.
Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to 13.13 acres by
this request, must include two-family dwellings along the entire eastern perimeter forming a buffer and
transition between any multi-family buildings and houses in the adjoining neighborhoods as generally
indicated on the applicant’s Concept Plan (applicant’s exhibit 6) with exceptions made for stormwater
facilities, private parks, landscaping and walkways.
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Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this request, must not contain any dwelling units that feature the rent-by-the-bedroom
leasing model.
B. City Plan - Design Principles and Policies for Existing Neighborhoods:
“Principle LIV 26: Neighborhood Stability should be maintained and enhanced. Most existing residential
developments will remain largely unaffected by these Principles and Policies.” (Page 77.)
The request to adjust the location, size and boundary between two zone districts results in a reduction in the
size of the N-C zone by 2.88 acre. Also, the location of the N-C zone, in terms of transitioning land use intensity,
is being shifted slightly further away from the neighborhoods to the east.
C. City Plan - Medium Density Mixed-Use Neighborhoods:
“Purpose: Medium Density Mixed-Use Neighborhoods are intended to function together with surrounding Low
Density Mixed-Use Neighborhoods and a centrally located Neighborhood or Community Commercial District,
providing a more gradual transition in development intensity and use.” (Page 80.)
Principal LIV 29: Medium Density Mixed-Use Neighborhoods include a mix of medium density housing types,
providing a transition and link between lower density neighborhoods and a Neighborhood, Community
Commercial or Employment district.” (Page 80.)
The request to rezone continues to fulfill this Principle. Because the M-M-N zone district includes permitted uses
that are not residential, and in order to promote land use compatibility, and compliance with the applicant’s
Concept Plan, staff recommends condition number three. Also, because the purpose and policy for the M-M-N
calls for gradual transitions versus mid-rise apartment buildings, staff recommends establishing a maximum
number of multi-family dwelling units as condition number four.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and enlarged to
13.13 acres by this request, shall be limited to residential permitted uses and accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units shall be 365.
D. City Plan - Medium Density Mixed-Use Neighborhoods:
“Principal LIV 29-3: Neighborhood or Commercial District. Integrate the design of a Medium Density Mixed-Use
Neighborhood with a Neighborhood Commercial or Community Commercial District. Residents should be able
to easily get to the Commercial District without the need to use an arterial street.” (Page 80.)
The request continues to promote this Principle. A street connection between the two neighborhoods to the east
and the subject parcel is precluded by decisions made in the late 1970’s and early 1980’s which specifically
called for not connecting Hobbit Street to Farm Tree Road, later renamed to Wallenberg Drive. Instead, the
connection linking the neighborhoods to the proposed N-C zone is made by the existing bike trail system along
the Canal Importation Basin Channel and Spring Creek and proposed connections anticipated with future
development.
E. City Plan - Medium Density Mixed-Use Neighborhoods:
“Principle LIV 29-5: Transitions. Encourage non-residential uses and larger buildings of attached and multiple-
family housing near the commercial core, with a transition to smaller buildings, such as duplex and detached
houses, closer to surrounding lower density neighborhoods.” (Page 80.)
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The request continues to promote this Principle. As noted, two family dwellings (duplexes) must be placed along
the eastern edge of the parcel per Condition Number One. In order to implement this principle in this location,
staff recommends Condition Number Five.
Condition Number Five. The maximum allowable building height of the two-family dwellings shall be
two stories.
F. City Plan - Neighborhood Commercial Districts:
“Principle LIV 36: Neighborhood Commercial Districts will provide everyday goods and services for nearby
residents, and will be pedestrian-oriented places that serve as focal points for the surrounding neighborhoods.”
(Page 89.)
While the shifted N-C zone will be slightly further away from the single family neighborhoods to the east, it will
remain within one-quarter mile (acknowledged to be a comfortable walking distance) of existing residential
neighborhoods including portions of the Shelly and Wallenberg neighborhoods as well as neighborhoods to the
north, south and west.
G. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.1: Mix of Uses. Neighborhood Commercial Districts may include a mix of neighborhood serving
uses, as follows:
Principal uses: Grocery store, supermarket, or other type of anchor, such as a drugstore.
Supporting uses: Retail, professional office, day care (adult and child) along with live-work and
residential units, civic/institutional uses, pocket parks, and other outdoor gathering spaces and other
supporting uses.” (Page 89.)
This policy is the basis for the list of permitted uses allowed in the N-C zone as found in Section 4.23 of the Land
Use Code. In order to allow for a mix of intended primary and supporting uses, but not at the expense of the
primary uses, the Code sets a limit on the extent of residential uses, up to 30%, for parcels larger than five acres
(Section 4.23(D)(2) - Secondary Uses.) The rezone would result in a parcel of 6.42 acres which, theoretically,
could consist of 30%, or 1.9 acres, of residential uses. Per the N-C zone district permitted use list, a variety of
residential uses are permitted ranging from single family detached up to multi-family.
Staff is concerned that allowing up to a maximum of 30% residential uses in combination with the overall effect
of the rezoning, would dilute the primary purpose of the N-C zone district. This concern is amplified given the
proximity of 13.13 acres of M-M-N zoning which could be increased by 1.9 acres in the N-C zone. In order to
ensure that the Concept Plan results in a mixed-use development consistent with City Plan Principles and
Policies, Staff recommends condition number six:
Condition Number Six: Development of the N-C zone district parcel, as adjusted and reduced to 6.42
acres by this request, shall be limited to the primary and supporting uses as envisioned by Principle LIV
36.1 of City Plan and Section 4.23(B) of the Land Use Code, and that residential permitted uses are limited
to Accessory Uses, Two-Family Dwellings and Mixed-Use Dwellings in accordance with Section
4.23(D)(2) of the Land Use Code.
H. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.2: Location. Locate Neighborhood Commercial Districts near Low Density and Medium Density
Mixed-Use Neighborhoods. Access for pedestrians should be a priority.” (Page 89.)
The adjusted N-C zone will continue to be bordered on three sides by M-M-N zoning.
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I. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.4: Relationship to Surrounding Neighborhoods. Integrate the Neighborhood Commercial District
into the surrounding neighborhood using a connected pattern of streets and blocks that contributes to the
neighborhood’s positive identity and image and allows residents to reach the District without the need to use an
arterial street.” (Page 89.)
As mentioned, the N-C zone lacks a connection between Hobbit Street to Wallenberg Drive which is an existing
condition that is not the fault of the applicant. Due to existing natural features and development, extending
streets into surrounding neighborhoods is infeasible. Connectivity is provided by other modes with the existing
network of trails and public sidewalks. Future development will be required to make connections to this network.
J. City Plan - Neighborhood Commercial Districts:
“Policy LIV 36.5: Integrate a Transit Stop. Integrate transit stop facilities into the design of the District and directly
connect the transit stop to transportation corridors that serve other districts and the rest of the City.” (Page 89.)
There is an existing northbound transit stop slightly north of where West Stuart Street tees into Shields Street.
With the adjustment in the zone districts, the N-C will continue to be conveniently served by Transfort with direct
connections to the West Elizabeth Street Enhanced Travel Corridor and the C.S.U. Transit Center.
4. Warranted by Changed Conditions Within the Neighborhood Surrounding and Including the Subject
Property.
The applicant has provided documentation that the primary change in condition is that since the zoning was
placed on the property in 1997, existing grocery stores and drug stores have been constructed that adequately
serve the area. As a result, the market will not support comparable uses as an anchor to a commercial site that
is 9.34 acres at this location. These existing stores include:
King Soopers at 2325 South College Avenue
Whole Foods at 2201 South College Avenue
Rite Aid at 1103 West Prospect Road
King Soopers at 1015 South Taft Hill Road
In addition to these stores, the applicant has provided an exhibit showing other commercial centers in the area
that provide a variety of goods and services. These include:
Spring Creek Plaza (Shields and Stuart)
Fox Center (College and Prospect)
Campus West (Shields and Elizabeth)
Cimarron Plaza (Shields and Drake)
Poudre Valley Plaza (Shields and Horsetooth)
Drake Crossing (Shields and Drake)
Staff has evaluated the applicant’s justification and agrees that the general area west of South College Avenue
is well-served with grocery and other retail stores that were originally intended to anchor the N-C district at the
current size of 9.34 acres. It is interesting to note that Steele’s Market at the Drake Center is no longer in
business. Since 1997, it has become apparent to staff that a grocery store-anchored center is not realistic or
feasible from a market perspective within the foreseeable planning timeframe at this location. Staff finds that
this negates the reason for the nine-plus acre designation, which was done with the goal of such a center and
represents a change in condition over time that justifies the rezoning request. (Please see applicant’s exhibit
3, N-C Zoning Study.)
5. Whether and the Extent To Which the Proposed Amendment is Compatible With Existing and
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Proposed Uses Surrounding the Subject Land and is the Appropriate Zone District for the Land.
As noted, the request only shifts the location, size and boundary of the two existing zones such that the N-C
zone is reduced by 2.88 acres and the M-M-N zone is increased by the same amount. The location of the N-C
acreage is moved closer to the Stuart Street signalized intersection. Both Spring Creek on the south and the
Canal Importation Basin Channel on the east provide effective buffers for the benefit of the existing
neighborhoods. The proposed request does not create any additional impact or cause any diminution in
compatibility than that which exists under current zoning. Therefore, staff finds that the request is compatible
with existing and proposed uses surrounding the subject land and the adjustment to the two zone districts is
appropriate.
6. Whether and the Extent to Which the Proposed Amendment Would Result in Significantly Adverse
Impacts on the Natural Environment, Including, But Not Limited to Water, Air, Noise, Stormwater
Management, Wildlife, Vegetation, Wetlands and the Natural Functioning of the Environment.
The Land Use Code contains provisions that protect the natural environment no matter what the underlying
zoning may be. In terms of the current request, there is no up-zoning to a more intense zone district. Therefore,
there would be no new permitted uses or any additional adverse impacts on the natural environment that would
need to be mitigated in order to comply with the Land Use Code.
7. Whether and the Extent to Which the Proposed Amendment Would Result in a Logical and Orderly
Development Pattern.
The result of the request shifts the location of the N-C zone to the south closer to the extension of West Stuart
Street which improves the access to the commercial center and reduces traffic on Hobbit Street and the internal
street system. Also, the size and shape of the M-M-N parcel along the eastern edge is enlarged which
contributes to neighborhood compatibility. Staff finds that the request improves the development pattern on the
subject parcel for the benefit of traffic circulation and land use transition between M-M-N and R-L zone district
to the east.
8. Conclusion and Findings of Fact
A. Within the 19.55 acre parcel, the request to rezone 2.88 acres from N-C, Neighborhood Commercial, to
M-M-N, Medium Density Mixed-Use Neighborhood complies with the standards and criteria of Section
2.9.4(H) of the Land Use Code.
B. In order to encourage and facilitate the orderly development of the 19.55 acres and to ensure compliance
with the policies and principles of the West Central Area Plan and City Plan, six conditions of approval
are recommended as allowed by Section 2.9.4 and 2.9.4(I).
C. The rezoning and the conditions comply with all applicable Land Use Code requirements as stated in
the agenda item summary for this hearing and contained in the agenda materials.
D. The six listed conditions comply with the provision of the Land Use Code Section 2.2.9 in that they are
necessary to accomplish the purposes and intent of the Land Use Code and have a reasonable nexus
to the potential impacts of the proposed rezoning and are roughly proportional in nature and extent to
such impacts.
CITY FINANCIAL IMPACTS
There are no direct financial or economic impacts associated with the request to adjust and shift the two existing
zone district boundary lines that would be any different than if the land development occurred under existing
zoning.
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BOARD / COMMISSION RECOMMENDATION
At its November 16, 2017 meeting, the Planning and Zoning Board voted unanimously (6-0) to recommend to
City Council approval of the request.
PUBLIC OUTREACH
Per Section 2.9(B), a neighborhood meeting is not required except that with respect to a quasi-judicial
amendments (rezoning) only, the Director may convene a neighborhood meeting to present and discuss a
proposal of known controversy and/or significant impacts. A neighborhood meeting was held on September 26,
2017. A summary of this meeting is provided as Attachment 3. The result of the neighborhood information
meeting is the recommendation of six conditions of approval.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Applicant's Justification and Exhibits (PDF)
3. Neighborhood Meeting Summary (PDF)
4. Neighborhood Endorsement Letter (PDF)
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ORDINANCE NO. 177, 2017
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 SPRING CREEK REZONING REZ170001
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, the City Council has considered the proposed rezoning of the property that is
the subject of this Ordinance (“Rezoning”), information, materials, findings of fact and
conclusions contained in the Agenda Item Summary and Agenda materials prepared for this
hearing, as well as the information, materials, public comment presented at this hearing and
Council discussion thereof; and
WHEREAS, the City Council has found and determined that the proposed Rezoning and
the six conditions set forth below (“Conditions”) comply with all applicable Land Use Code
requirements, including the requirements established in Section 2.9.4(H)(3) of the Land Use Code;
and
WHEREAS, the City Council has also found and determined that the proposed Rezoning,
and the Conditions, are 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, the City Council has further found that the Conditions comply with the
provisions of LUC Section 2.2.9 in that they are necessary to accomplish the purposes and intent
of the LUC and have a reasonable nexus to the potential impacts of the proposed rezoning and are
roughly proportional in nature and extent to such impacts; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
Rezoning and has determined that said property that is the subject of this Ordinance should be
rezoned as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by shifting the Medium Density Mixed-Use Neighborhood (“M-M-N”) zone
district north and increasing it by 2.88 acres, resulting in M-M-N zoning for the property described
as follows:
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Attachment: Ordinance No. 177, 2017 (6329 : SR 177 Spring Creek Rezoning)
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A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 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 23, T7N, R68W as bearing
South 00° 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00° 19' 01" West, 713.81 feet; thence, South 89°
21' 59" East, 50.00 feet to the POINT OF BEGINNING; thence along a curve concave to
the southeast having a central angle of 90° 19' 00" with a radius of 25.00 feet, an arc length
of 39.41 feet and the chord of which bears North 45° 28' 31" East, 35.45 feet; thence, South
89° 21' 59" East, 456.98 feet; thence along a curve concave to the northwest having a
central angle of 25° 59' 21" with a radius of 267.00 feet, an arc length of 121.11 feet and
the chord of which bears North 77° 38' 20" East, 120.07 feet; thence, South 89° 21' 59"
East, 435.72 feet; thence along a curve concave to the north having a central angle of 13°
05' 59" with a radius of 518.12 feet, an arc length of 118.46 feet and the chord of which
bears South 84° 06' 19" West, 118.20 feet; thence, South 10° 06' 09" East, 153.80 feet;
thence along a curve concave to the south having a central angle of 24° 24' 52" with a
radius of 664.52 feet, an arc length of 283.16 feet and the chord of which bears South 22°
22' 22" East, 281.02 feet; thence, South 55° 47' 39" West, 20.96 feet; thence, South 07° 14'
10" East, 409.86 feet; thence, South 05° 39' 23" East, 103.47 feet; thence, North 52° 49'
40" West, 174.60 feet; thence, North 22° 53' 52" West, 9.39 feet; thence, North 72° 41' 45"
West, 13.65 feet; thence, North 52° 45' 08" West, 71.61 feet; thence along a curve concave
to the south having a central angle of 35° 29' 52" with a radius of 400.00 feet, an arc length
of 247.82 feet and the chord of which bears North 78° 45' 38" West, 243.88 feet; thence,
North 00° 19' 01" East, 284.42 feet; thence, North 89° 40' 59" West, 647.89 feet; thence,
North 00° 19' 01" East, 407.00 feet to the Point of Beginning, containing 571,975 square
feet or 13.131 acres more or less.
Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code is
hereby amended by shifting the Neighborhood Commercial (“N-C”) zone district south and
reducing it by 2.88 acres, resulting in N-C zoning for the property described as follows:
A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 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 23, T7N, R68W as bearing
South 00° 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00° 19' 01" West, 687.86 feet; North 89° 21' 59"
West, 50.00 feet; thence, South 00° 19' 01" West, 470.00 feet to the POINT OF
BEGINNING; thence, South 89° 40' 59" East, 747.89 feet; thence, South 00° 19' 01" West,
284.42 feet; thence along a curve concave to the south having a central angle of 16° 57'
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Attachment: Ordinance No. 177, 2017 (6329 : SR 177 Spring Creek Rezoning)
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53" with a radius of 400.00 feet, an arc length of 118.44 feet and the chord of which bears
South 75° 00' 30" West, 118.00 feet; thence, South 66° 20' 56" West, 227.30 feet; thence,
South 68° 21' 24" West, 94.78 feet; thence South 44° 26' 15" West, 213.35 feet; thence,
South 59° 17' 14" West, 104.96 feet; thence, North 00° 19' 01" East, 650.61 feet to the
Point of Beginning, containing 279,656 square feet or 6.420 acres more or less.
Section 4. That Rezoning shall be subject to and including the following six
conditions:
Condition Number One: Development of the M-M-N parcel, as adjusted and enlarged to
13.13 acres by this Rezoning shall include two-family dwellings along the entire eastern perimeter
forming a buffer and transition between any multi-family buildings and houses in the adjoining
neighborhoods as generally indicated on the applicant’s Concept Plan (attached hereto as Exhibit
A) with exceptions made for stormwater facilities, private parks, landscaping and walkways.
Condition Number Two: Multi-family development on the M-M-N parcel, as adjusted and
enlarged to 13.13 acres by this Rezoning, shall not contain any dwelling units that feature a rent-
by-the-bedroom leasing model.
Condition Number Three: Development of the M-M-N zone district parcel, as adjusted and
enlarged to 13.13 acres by this Rezoning, shall be limited to residential permitted uses and
accessory uses only.
Condition Number Four: The maximum number of multi-family dwelling units in the M-
M-N zone district parcel shall be 365.
Condition Number Five. The maximum allowable building height of the two-family
dwellings in both zone district parcels shall be two stories.
Condition Number Six: Development of the N-C zone district parcel, as adjusted and
reduced to 6.42 acres by this rezoning application, shall be limited to the primary and supporting
uses as envisioned by Principle LIV 36.1 of City Plan and Section 4.23(B) of the Land Use Code,
and that residential permitted uses shall be limited to Accessory Uses, Two-Family Dwellings and
Mixed-Use Dwellings in accordance with Section 4.23(D)(2) of the Land Use Code.
Section 5. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Section 6. That the City Clerk is hereby directed to cause this Ordinance to be recorded
in the real property records of the Larimer County Clerk and Recorder.
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Attachment: Ordinance No. 177, 2017 (6329 : SR 177 Spring Creek Rezoning)
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Introduced, considered favorably on first reading, and ordered published this 19th day of
December, A.D. 2017, and to be presented for final passage on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Attachment: Ordinance No. 177, 2017 (6329 : SR 177 Spring Creek Rezoning)
EXHIBIT A
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Attachment: Ordinance No. 177, 2017 (6329 : SR 177 Spring Creek Rezoning)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Melissa Funk, Victim Services Supervisor
David Pearson, Police Lieutenant
Bronwyn Scurlock, Legal
SUBJECT
First Reading of Ordinance No. 001, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for
the Fort Collins Police Services Victim Services Unit.
EXECUTIVE SUMMARY
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy
services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort
Collins Police Services Victim Services Unit has been awarded a 12-month grant in the amount of $45,500 for
the period from January 1, 2018 to December 31, 2018, by the Eighth Judicial District Victim Assistance and
Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part
of the salary for the victim advocate who provides crisis intervention services during weekday hours and is
housed in the Victim Services office. These funds will also pay for a portion of the operational expenses
needed to provide 24-hour, 7-days/week services to victims of crime in the community.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Victim Services Unit has received funding from the Victim Assistance and Law Enforcement (VALE) grant
since the inception of the program in 1996. Colorado State Statute mandates law enforcement agencies follow
the Victim Rights Amendment. Many of the stages in the mandated statutes are fulfilled by the Victim Services
Unit. Services have been provided to thousands of victims and their family members who have become victims
of violent crime in the community. Council has approved appropriations of the grant revenue every year.
Services to the community would be drastically cut without this grant award.
CITY FINANCIAL IMPACTS
The City has received a grant in the amount of $45,500 from the Eighth Judicial District Victim Assistance and
Law Enforcement Board to help fund victim services activities. This grant requires no local cash match.
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ORDINANCE NO. 001, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE IN
THE GENERAL FUND FOR THE FORT COLLINS POLICE
SERVICES VICTIM SERVICES UNIT
WHEREAS, Fort Collins Police Services has been awarded a grant in the amount of
$45,500 (the “Grant”) for the period from January 1, 2018, to December 31, 2018, by the Eighth
Judicial District Victim Assistance and Law Enforcement (“VALE”) Board to support the Fort
Collins Police Services Victim Services Unit (“Victim Services”); and
WHEREAS, Victim Services provides crisis intervention, resources and referral services
to victims of violent crime and other traumatic situations; and
WHEREAS, the Grant will be used to fund a part of the salary for the victim advocate
who provides crisis intervention services, a part-time victim advocate, and to partially pay for
operational expenses needed to provide 24-hour a day, 7-day a week service to victims of crime
in the community; and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year, provided that the
total amount of such supplemental appropriations, in combination with all previous
appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS, appropriation of the Grant serves a public purpose by assisting crime
victims in the Fort Collins community; and
WHEREAS, City staff has determined that the appropriation of the Grant from the VALE
Board to support Victim Services will not cause the total amount appropriated in the Police
Services fund to exceed the current estimate of actual and anticipated revenues to be received in
that fund during any fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from unanticipated grant revenue in the
General Fund the sum of FORTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($45,500)
for expenditure in the General Fund for the Fort Collins Police Services Victim Services Unit.
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Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Karen McWilliams, Historic Preservation Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 003, 2018, Appropriating Prior Year Reserves in the General Fund and the
Recreation Fund and Authorizing the Transfer of Appropriations in the Recreation Fund to the General Fund
for the James Ross Proving-Up House Restoration.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate previously received grant funds of $16,080 received from the Cache
la Poudre Heritage Alliance and unanticipated revenue of $3,357 from the Fort Collins Historical Society for the
restoration of the James Ross Proving-Up House. The total new appropriation is $19,437. The grant is
matched by Historic Preservation funds of $32,847 and Recreation Department funds of $27,000 from prior
year reserves.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Recognized as a Fort Collins Landmark by Ordinance No. 080, 2017, the James Ross Proving-Up House is
the only known existing “proving-up” or “filing” house in Larimer County. Built in 1890, this one room home was
inhabited by the Ross family of five for nearly eight years in order to satisfy the 1862 Federal Homestead Act
requirements. The building has additional significance for its association with the James Ross family. In
addition to his accomplishments as a homesteader and early businessman, Ross’ son William, who was born
in the house, became the President of UNC in Greeley, and is the namesake for the William Ross Library; and
was the great-grandfather of former Senator Wayne Allard and Kermit Allard, CPA in Fort Collins. At the Farm
at Lee Martinez Park, the proving-up house will be used to explain early pioneer life, the Homestead Act,
agriculture, and the history of water and irrigation in our region.
The singular goal for the project is to restore the James Ross Proving-Up House to its original appearance as
closely as possible, as documented through forensic evidence and a circa 1950s historic photograph.
The work will include removal of existing non-original brick chimney remnants and repairing the roof framing as
needed. Traditional wood shingles will be installed. The trim and clapboard siding will be removed where
needed and repaired or replaced. Rafters, floor joists, studs and ceiling joists will be sistered or replaced.
Lead abatement, if needed, will be done to ensure a safe environment. Completing the exterior work is the
repair or the wood buck door, and repair and re-glazing with restoration glass of the two windows' jambs,
frames and sills. Interior work includes the removal of electric wiring and equipment, plaster
repair/replacement, flooring repair/replacement, case and base trim rehabilitation, and installation of a wood
stove, pipe and stone base.
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Agenda Item 8
Item # 8 Page 2
CITY FINANCIAL IMPACTS
The City benefits by a $19,437 in grant and other funds which supports this initiative. No additional funds
need to be appropriated as the restoration project will utilize $32,847 of Historic Preservation Division funds
and $27,000 in Recreation Department funds, from the departments’ 2017 budgets
ATTACHMENTS
1. Final Grant Contract (PDF)
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ATTACHMENT 1
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Attachment: Final Grant Contract (6193 : Ross Proving House Appropriation)
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Attachment: Final Grant Contract (6193 : Ross Proving House Appropriation)
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Attachment: Final Grant Contract (6193 : Ross Proving House Appropriation)
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Attachment: Final Grant Contract (6193 : Ross Proving House Appropriation)
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Attachment: Final Grant Contract (6193 : Ross Proving House Appropriation)
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ORDINANCE NO. 003, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND
AND THE RECREATION FUND AND AUTHORIZING THE TRANSFER
OF APPROPRIATIONS IN THE RECREATION FUND TO THE GENERAL
FUND FOR THE JAMES ROSS PROVING-UP HOUSE RESTORATION
WHEREAS, in 2017 the City was awarded a grant of $16,080 from the Cache la Poudre
Heritage Alliance, as well as received additional unanticipated revenue from the Fort Collins
Historical Society of $3,357, for the restoration of the James Ross Proving-Up House, for total
unanticipated revenue in 2017 of $19,437; and
WHEREAS, the grant is matched by Historic Preservation funds of $32,847 to be
appropriated from General Fund reserves and Recreation Department funds of $27,000 to be
appropriated from Recreation Fund reserves, for a total project cost to be appropriated of
$79,284, including the grants; and
WHEREAS, the James Ross Proving-Up House is the only known existing “proving-up”
or “filing” house in Larimer County and has historical significance; and
WHEREAS, the James Ross Proving-Up House will be located at the Farm at Lee
Martinez Park and will be used to explain early pioneer life, the Homestead Act, agriculture, and
the history of water and irrigation in our region; and
WHEREAS, the goal for the project is to restore the Ross House to its original
appearance as closely as possible, as documented through forensic evidence and a circa 1950s
historic photograph, which will include both exterior and interior work; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund and the Recreation Fund; and
WHEREAS, the appropriations described herein serve the public purpose of preserving
the City’s historic heritage; 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 or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
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capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the
Recreation Fund the sum of TWENTY-SEVEN THOUSAND DOLLARS ($27,000) for
transfer to the General Fund and appropriated therein for the James Ross Proving-Up House
Restoration Project.
Section 3. That there is hereby appropriated from prior year reserves in the General
Fund the sum of FIFTY-TWO THOUSAND TWO HUNDRED EIGHTY-FOUR
DOLLARS ($52,284) in the General Fund for the James Ross Proving-Up House Restoration
Project.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Nicole Hahn, Civil Engineer II
Kyle Lambrecht, Civil Engineer
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 004, 2018, Appropriating Prior Year Reserves in the Transportation Capital
Expansion Fee Fund and the Transportation Fund and Authorizing the Transfer of Appropriations from the
Transportation Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the
Harmony and Strauss Cabin Intersection Project and Transferring Appropriations from the Capital Projects
Fund to the Cultural Services and Facilities Fund for Art in Public Places
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $891,000 of prior year reserves in the Transportation Capital
Expansion Fee Fund and authorize the transfer of appropriations from the Transportation Capital Expansion
Fee Fund into the Capital Project Fund for the Harmony and Strauss Cabin Intersection Improvement Project.
In addition, this item will transfer $8,760 in prior year reserves from the Transportation Fund to the Capital
Projects Fund for the purpose of transfer to the Cultural Services and Facilities Fund for Art in Public Places.
This project will construct road and intersection improvements, utility relocations, and fully signalize the
intersection of Harmony Road and Strauss Cabin Road. The project will install southbound left and right turn
lanes, pork chop islands, and American’s with Disabilities Act (ADA) accessible sidewalk connections.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Harmony 23 development, located on the southwest corner of Harmony and Strauss Cabin Road, is
currently under construction. The traffic that will accompany the development warrants signalization of the
intersection. The development will construct the infrastructure improvements on the southern half of the
intersection. Due to complexities on the north side of the intersection that were out of the project scope for the
development, the City has partnered with the developer to complete the intersection improvements and ensure
the ultimate buildout of the signal is installed. The City of Fort Collins Natural Areas fronts both the northwest
and northeast quadrant of the intersection, and are not likely to develop.
The City’s portion of the project is in the preliminary design phase and is currently estimated to begin
construction in April.
CITY FINANCIAL IMPACTS
This Ordinance will appropriate $891,000 in Transportation Capital Expansion Fee funding for construction,
right-of-way acquisition, and utility relocations. This improvement will add capacity to the intersection,
warranting the use of Transportation Capital Expansion Fee funds. This Ordinance will also appropriate $8,760
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Agenda Item 9
Item # 9 Page 2
in the Transportation Fund funding for Art in Public Places as required by Section 23-304 of the City Code.
The following table outlines funding needs per project activity:
Activity Engineer’s Estimate
Construction $576,000
Utility Relocation $100,000
Signalization $200,000
Right of Way $15,000
Total Construction Cost: $891,000
Art in Public Places $8,760
Total Project Cost $899,760
(Note that expenses for right of way are not subject to the APP calculation.)
The signal will be maintained by City of Fort Collins Traffic Operations using the existing maintenance budget.
BOARD / COMMISSION RECOMMENDATION
The project will go to the Transportation Board and the Natural Areas board for comment following the
preliminary design phase.
PUBLIC OUTREACH
Numerous public meetings were held as part of the development process for the Harmony 23 project, and
plans for the signalization were brought to these meetings.
The project team is currently working on a project website through the Engineering home page as the first
resource for public outreach. A detailed communication plan is being developed and will be implemented with
the preliminary design phase through construction. The communication plan will highlight milestone dates,
affected interests and specific outreach methods.
The project team will host a public open house prior to beginning construction and keep the project website
updated with current design information.
ATTACHMENTS
1. Location Map (PDF)
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Strauss Cabin Rd
E Harmony Rd
!"`$
Harmony Project and Strauss Location Cabin Signalization Map
Printed: December 19, 2017
Path: S:\Engineering\Projects\Capital Projects\Maps\Harmony_Strauss Cabin\AIS Project Location Map.mxd
Legend
Project Location
³ 0 500 1,000 1,500 2,000 Feet
ATTACHMENT 1
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Attachment: Location Map (6310 : Harmony/Strauss Cabin Intersection Improvment Project)
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ORDINANCE NO. 004, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL
EXPANSION FEE FUND AND THE TRANSPORTATION FUND AND AUTHORIZING
THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL
EXPANSION FEE FUND AND THE TRANSPORTATION FUND INTO THE CAPITAL
PROJECT FUND FOR THE HARMONY AND STRAUSS CABIN INTERSECTION
PROJECT AND TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT
FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN
PUBLIC PLACES PROGRAM
WHEREAS, this project will construct road and intersection improvements, utility
relocations, and fully signalize the intersection of Harmony Rd and Strauss Cabin Rd. The
project will install southbound left and right turn lanes, pork-chop islands, ADA accessible
sidewalk connections; and
WHEREAS, the Harmony 23 development located on the Southwest corner of Harmony
and Strauss Cabin is currently under construction and the traffic that will accompany the
development warrants signalization of the intersection; and
WHEREAS, due to complexities on the North side of the intersection that were out of the
project scope for the development, the City has partnered with the developer to complete the
intersection improvements and ensure the ultimate build out of the signal is installed; and
WHEREAS, the signal will be maintained by City Traffic Operations using the existing
maintenance budget; and
WHEREAS, this Ordinance will appropriate $891,000 in Transportation Capital
Expansion Fee funding for construction, right-of-way acquisition, and utility relocations; and
WHEREAS, this Ordinance will appropriate $8,760 in the Transportation Fund for Art in
Public Places (“APP”) for the project, as project costs of $876,000 are applicable for APP; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Transportation Capital Expansion Fee Fund and
the Transportation Fund; 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 or capital project to another fund or capital project, provided that the purpose for
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which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance; and
WHEREAS, this project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places (APP) program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from reserves in the
Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of
EIGHT HUNDRED NINETY-ONE THOUSAND DOLLARS ($891,000) for the Harmony and
Strauss Cabin Intersection Project and appropriated therein.
Section 3. That there is hereby appropriated for expenditure from reserves in the
Transportation Fund for transfer to the Capital Projects Fund the sum of EIGHT THOUSAND
SEVEN HUNDRED SIXTY DOLLARS ($8,760) for the Harmony and Strauss Cabin
Intersection Project and appropriated therein.
Section 4. That the unexpended appropriated amount of SIX THOUSAND EIGHT
HUNDRED THIRTY-THREE DOLLARS ($6,833) in the Capital Projects Fund – Harmony and
Strauss Cabin Intersection Project is authorized for transfer to the Cultural Services and Facilities
Fund and appropriated therein for Art in Public Places projects.
Section 5. That the unexpended appropriated amount of ONE THOUSAND NINE
HUNDRED TWENTY-SEVEN DOLLARS ($1,927) in the Capital Projects Fund – Harmony
and Strauss Cabin Intersection Project is authorized for transfer to the Cultural Services and
Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and
Operations.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Kerri Allison, Real Estate Specialist II
Tracy Dyer, Engineering Project Manager
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands
Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project
EXECUTIVE SUMMARY
The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed
necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements
Project. The project will construct a new arterial roadway between College Avenue and Blondel Street.
Improvements include construction of a complete arterial street which includes four travel lanes, protected bike
lanes, landscaped parkways, medians, sidewalks and utility improvements.
In order for the City to construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase
right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had
contact with all affected property owners. Timely acquisition of the property is necessary to meet the
anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is
optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting
authorization of eminent domain for all property acquisitions for the Project only if such action is deemed
necessary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Suniga Road was first included in the Transportation Planning Master Street Plan in October 1999. At the time,
the alignment was referred to as “New Vine Drive”. By City Council resolution in early 2015, New Vine Drive
became officially known as Suniga Road. The first segment of Suniga Road between Redwood Drive and
Blondel Street was completed in 2016. Development and growth near the Suniga Road alignment continues to
move forward, putting increased volumes of traffic on the existing street network. Additionally, as the Lemay
Avenue/Vine Drive overpass continues to be planned, this portion of Suniga Road will provide a key
connection to the arterial roadway network.
Staff has completed the preliminary design for Suniga Road between Blondel Street and College Avenue.
The necessary property interests include right-of-way and permanent and temporary easements. Given the
construction schedule for the Project, timely acquisition of the property interests is necessary. Staff has begun
meeting with the affected property owners to discuss the project design and the potential impacts to their
property. Staff will continue to work with property owners prior to the acquisition to address individual site
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considerations while still achieving the goals of the project. At our meetings, the property owners were notified
that City staff would be requesting authorization to use eminent domain to acquire necessary property
interests, if needed. Staff fully intends to negotiate in good faith with all affected owners; however, if an
agreement cannot be reached with the owners, and to ensure that the Project can proceed in an efficient and
timely manner, the City may consider the use of eminent domain.
The affected property owners were notified by certified mail of this request to Council for authorization of
eminent domain prior to First Reading of this Ordinance.
BOARD / COMMISSION RECOMMENDATION
The Project was presented to the Bicycle Advisory Committee on November 27, 2017 for information and
informal feedback
PUBLIC OUTREACH
Individual property owner meetings and contact with affected businesses. The Project was included as a part
of fall 2017 Bike Project Fair on October 26, 2017. As design and construction details are finalized, the Project
Team plans additional specific outreach with nearby neighbors and businesses.
ATTACHMENTS
1. Location Map (PDF)
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O'Reilly's Auto
Parts
Chippers Bowling
Lanes
Advanced Auto
Parts
Fort 4X4 Collins Center
Human Bean
Auto Zone
N
COLLEGE AVE
JEROME ST
BLONDEL ST
CAJETAN ST
PASCAL ST
BLUE SPRUCE DR
OSIANDER ST
PINON ST
ALPINE ST
HEMLOCK ST
WOODLAWN DR
±
Suniga Road Improvement Project Location Map
Road Improvements Location
ATTACHMENT 1
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Attachment: Location Map (6316 : Suniga Road Improvements Project)
-1-
ORDINANCE NO. 005, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS
IN CONNECTION WITH THE SUNIGA ROAD IMPROVEMENTS PROJECT
WHEREAS, the City Engineering Department plans to construct a new arterial roadway
between College Avenue and Blondel Street with such improvements to include construction of
a complete arterial street that may include four travel lanes, protected bike lanes, landscaped
parkways, medians, sidewalks and utility improvements, which street project was historically
referred to as “New Vine Drive” but will now be called “Suniga Road” (the “Suniga Road
Project”); and
WHEREAS, the Engineering Department is designing the improvements associated with
the Suniga Road Project in accordance with the City’s Transportation Master Street Plan; and
WHEREAS, to construct the Suniga Road Project, the City will need to acquire certain
property rights as described on Exhibits “A” through “I”, attached hereto and incorporated herein
by this reference (the “Property Rights”); and
WHEREAS, the City will negotiate in good faith for the acquisition of the Property
Rights from the owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
construction of the Suniga Road Project, is in the City’s best interest, and enhances public health,
safety, and welfare; and
WHEREAS, the acquisition of the Property Rights may, by law, be accomplished
through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds and determines that is necessary in the
public interest to acquire the Property Rights described herein for the purpose of constructing the
Suniga Road Project.
Section 3. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property Rights for the City by eminent domain
proceedings.
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Section 4. The City Council further finds that, in the event acquisition by eminent
domain of the Property Rights or any of them is commenced, immediate possession is necessary
for the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Exhibit "A" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "A" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "B" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "B" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "C" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "C" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "D" Page 1 of 4 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "D" Page 2 of 4 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "D" Page 3 of 4 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "D" Page 4 of 4 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "E" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "E" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "F" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "F" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "G" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "G" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "H" Page 1 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Exhibit "H" Page 2 of 2 1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
EXHIBIT "I" Page 1 of 2
1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
EXHIBIT "I" Page 2 of 2
1
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Attachment: Exhibits A-I (6319 : Suniga Road Improvements Project - Eminent Domain ORD)
Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Andres Gavaldon, Financial Policy & Project Manager
John Duval, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 006, 2018, Granting a Non-Exclusive Franchise to the
Public Service Company of Colorado for the Right to Make Reasonable Use of City Streets, Public Utility
Easements and Other City Property to Install, Maintain, Locate and Operate Its Facilities Used to Provide
Natural Gas Services to Customers within the City.
EXECUTIVE SUMMARY
The purpose of this item is to consider approval of a natural gas Franchise Agreement between the City of Fort
Collins and the Public Service Company of Colorado (“Public Service”). Without a change in the financial
burden to residents, this Franchise Agreement grants a non-exclusive franchise to Public Service to make
reasonable use of City streets, public utility easements and other City property for Public Service’s provision of
natural gas utility services within the City. The franchise fee will be equivalent to the current occupation tax
imposed (1.07%) to compensate the City for the use of its property. The franchise fee rate can be increased
by the City Council in the future by ordinance but at a rate not to exceed 3% of gross revenues.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The current relationship between the City of Fort Collins and Xcel Energy (aka Public Service Company of
Colorado) has been in effect since 1987. Activities and revenue generation are governed by two separate
portions of the City Code: Gas Company Occupation Tax and Gas Company Facilities Regulations (also called
Right-of-Way Regulations).
The original occupation tax was set in 1987 at $445k/year and not governed by TABOR at that time. Soon
after establishment of the original occupation tax, TABOR was put into effect and required any changes to be
subject to citizen vote. The original amount has never been changed or brought to a vote and thereby has not
increased with increases in gross revenues, population and inflation.
.
The issue has been noted and brought to management many times over the past 30 years for investigation.
On September 21, 2015 and September 18, 2017, Council Finance Committee gave staff feedback that
supported moving forward. The City, in cooperation with Public Service, has drafted a Franchise Agreement
that includes the flexibility to adjust the applicable franchise fee. The Franchise Agreement sets the franchise
fee rate at 1.07%, which equates to the original amount of $445k/year for the occupation tax, but also gives the
City Council the ability to adjust the franchise fee rate up to 3% by ordinance (equating to approximately
$1.2M/year).
The franchise fee at 1.07% is revenue neutral without impact to citizens and any future increases may still be
revenue neutral depending on decreases with concurrent taxes. The maximum rate of 3% is consistent with
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other communities across the front range under the master franchise agreement Xcel Energy has entered into
with those communities. Other benefits include: partnership language to address energy conservation; and
construction communication and coordination.
CITY FINANCIAL IMPACTS
The City will not incur any financial impacts at this time. The proposed Franchise Agreement does allow for
changes to the franchise fee (within certain restrictions) which the current occupational tax does not allow
without citizen vote.
The financial difference between the two options are as follows:
Occupational Tax:
• Governed by TABOR
• Citizen vote requirement to change
• Occupational tax amount set in 1987 at $445k/year
• Tax amount does not adjust with inflation, population or provider gross revenue
Franchise Fee:
• Franchise rate set as % of provider gross revenue
• Fee revenue increases with volume
• Franchise fee 1.07% rate would generate $445k/year
• Franchise fee rate can be increased by Council by ordinance up to a maximum 3% rate.
With the new franchise rate set as a percentage, revenues will grow with usage instead of the static
$445k/year per the Occupation Tax.
BOARD / COMMISSION RECOMMENDATION
The issue has been reviewed in Council Finance Committee. (Attachment 2)
PUBLIC OUTREACH
Proper legal steps have been followed with Notice of Public Hearing being posted in the Coloradoan for 3
weeks prior to this reading. The Charter authorizes City Council to approve franchises by ordinance after
conducting a public hearing.
ATTACHMENTS
1. Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (PDF)
2. Council Finance Committee minutes, November 18, 2017 (PDF)
3. Triple Bottom Line (PDF)
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ATTACHMENT 1
11.1
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Attachment: Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (6325 : Natural Gas Franchise)
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Attachment: Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (6325 : Natural Gas Franchise)
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Attachment: Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (6325 : Natural Gas Franchise)
11.1
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Attachment: Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (6325 : Natural Gas Franchise)
11.1
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Attachment: Staff memo re: Natural Gas Franchise Fee Agreement, November 3, 2014 (6325 : Natural Gas Franchise)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Finance Committee Minutes
09/18/17
10:00 – noon
CIC Room – City Hall
Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers
Staff: Darin Atteberry, Mike Beckstead, Jeff Mihelich, Travis Storin, Noelle Currell, John Voss,
John Duval, Andres Gavaldon, Laurie Kadrich, Jo Cech, Ryan Malarky, Tiana Smith,
Lawrence Pollack
Others: Kevin Jones (Chamber of Commerce), Dale Adamy (Citizen)
Meeting called to order at 11:03 am (starting time changed to 11 am to accommodate conflicts)
Ross Cunniff moved to approve Minutes for the August 29th Council Finance Meeting. Ken Summers seconded
the motion.
A. Natural Gas Franchise Agreement
Andres Gavaldon, Financial Planning & Analysis
John Duval
EXECUTIVE SUMMARY
For Council’s review, the City Attorney’s Office and staff along with Xcel Counsel have developed
Franchise Agreement for natural gas that could replace the City’s current Occupational Tax.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
Does CFC support moving forward with a Natural Gas Franchise Agreement in conjunction with KFCG
renewal efforts?
BACKGROUND
• Exploration of a Natural Gas Franchise is an initiative within Revenue Diversification discussions
• Council Finance Committee discussion Sept 21, 2015
CFC direction was to continue exploration of Franchise Fee
• Staff reviewed latest municipality franchise agreements from neighboring cities. Current iteration
incorporates those improvements and accepted legal language.
• Xcel Counsel and City Attorney’s Office along with staff negotiated current iteration of Franchise
Agreement
ATTACHMENT 2
11.2
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Attachment: Council Finance Committee minutes, November 18, 2017 (6325 : Natural Gas Franchise)
2
Benefits
Legal Steps for Franchise
11.2
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Attachment: Council Finance Committee minutes, November 18, 2017 (6325 : Natural Gas Franchise)
3
Mayor Troxell; Who within the city organization owns the natural gas utility?
Darin Atteberry; Primarily Engineering because of the right of way - not cross utility connection to
electric or gas - some Finance - some PDT – from a natural gas standpoint – challenges include limited
capacity.
Mayor Troxell; Who is the champion responsible for determining how this fits with our energy
conservation / climate issues in terms of innovation economy? District heating? We need to have your
provider there as a partner. Does this agreement allow for other sorts of partnerships to accomplish
mutual goals? Xcel has a lot of programs through PUC.
Andres Gavaldon; They will be assigning a special liaison. I don’t know who that would be on our side.
Article 12 of the agreement has to do with partnership and collaboration around that information
sharing. It addresses data sharing and partnerships in general.
Jeff Mihelich; Does the agreement have the flexibility to address some of the goals?
Mike Beckstead; the 2nd
bullet on benefit slide (see below) addresses our energy conservation goals
Not specific to initiative. We will collaborate, communicate and share information. We are not sure we
have a champion yet. This will be part of the Climate Action team and John Phelan’s team but we don’t
have a specific answer for who owns this on our side.
• Partnership language has been included that helps address energy conservation (see Article 12
Environment and Conservation)
• Communication on programs through newspaper, bill inserts and website
• Conservation representative designated as primary liaison
• Aggregate data availability for partnership opportunities
Darin Atteberry; Jeff and Leadership would probably be where that falls.
Ross Cunniff; franchise fee can make sense but it needs to be tied to KFCG.
Darin Atteberry; Direction from Council and CFC - we spent a lot of time discussing diversification of
revenue including using this as an option to help lower KFCG. The franchise fee is tied to a percent of
bill not to a Mill. We need to have the concurrent conversation about reducing something else if we
are going to talk about franchise fee and revenue. There are also non-monetary advantages that
include coordination, being able to effect customer service and timing of projects and information
flow. We could say we want to set up an exclusive franchise but no monetary element to it.
Mike Beckstead; We will be talking about KFCG renewal at November Council Finance and will time this
with the KFCG renewal. We could do the agreement today, keep it revenue neutral and achieve the
benefit of coordination. We could elect to change that at a later time.
11.2
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Attachment: Council Finance Committee minutes, November 18, 2017 (6325 : Natural Gas Franchise)
4
Ross Cunniff; agreed that it would be good to get an agreement in place now but not raise revenue
until we have the KFCG renewal conversation. If we raise this then we can lower KFCG. Would be best
if it was in conjunction with some other sales tax change. There is trust building value in showing that
we are revenue neutral.
John Duval; Charter requires that if voters approve an ordinance then they also have to approve
revisions.
Mayor Troxell; Waste energy - presumably renewable natural gas is created. Would Xcel be a partner
in that enterprise if we head in that direction?
Mike Beckstead; Xcel to help share information and help us evaluate but beyond that it doesn’t compel
Xcel. Jackie and her group are working on waste energy and my understanding is that they are 12-24
months away from having something to recommend. This agreement reinforces Xcel’s willingness to
participate in discussions.
Mike Beckstead; would Council Finance prefer we just integrate this into the KFCG renewal discussion
and not sign it now OR prefer we move forward to sign an agreement that is revenue neutral?
John Duval; it is a tax - it currently says franchise fee at the bottom of the bill. $450k per year -they
calculated it at 1.07% - We are proposing in place of this tax a 3% franchise fee. We are the rare city in
the state that does not have a franchise fee.
Mike Beckstead; Bills will look the same - generic franchise fee. We will sort out next steps and make
sure we are rock solid before we bring this to Council.
Mayor Troxell and Ken Summers; good to move ahead
Ross Cunniff; move forward with revenue neutral - then wrap revenue discussion with KFCG renewal.
11.2
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Attachment: Council Finance Committee minutes, November 18, 2017 (6325 : Natural Gas Franchise)
Triple Bottom Line Scan
Project Description {Focus on steady state of the project):
Franchise fee as proposed and potential impact 5 years out, so potential impact on KFCG balancing in 2020.
Revised Project Description (If applicable):
To what extent could this project impact the natural
ENVl I environment including land, water, air or plant and animal I
I
0 j M
communities?
ENV2 To environmental what extent reporting could this or project environmental impact or regulations? require I 0 I H
CLIMATE COMMITMENT
To what extent could this project impact the community's efforts!
I I
ENV3 Ito meet the Climate Action goals (20% reductions by 2020 and 1 L if$ go to/stay with
beyond)? CAP at end of 2020
To what extent could this project impact the community's
ENV4 I preparedness and resiliency for climate change risks and other I 0 I H
BE AIR AND natural WATER disasters? AWARE
ENVS To what extent could this project impact water conservation? 0 H
ENV6 1ro what extent could this project impact rivers, streams, or
groundwater? t 0 I H
ENV7 1To what extent could this project impact outdoor air quality
and/or indoor air quality? I 0 I H
ROAD TO ZERO WASTE
ENV8 goals? To what extent could this project impact the City's Zero Waste I 0 I H
ATTACHMENT 3
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Attachment: Triple Bottom Line (6325 : Natural Gas Franchise)
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Attachment: Triple Bottom Line (6325 : Natural Gas Franchise)
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Attachment: Triple Bottom Line (6325 : Natural Gas Franchise)
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Attachment: Triple Bottom Line (6325 : Natural Gas Franchise)
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ORDINANCE NO. 006, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
GRANTING A NON-EXCLUSIVE FRANCHISE TO THE PUBLIC SERVICE COMPANY
OF COLORADO FOR THE RIGHT TO MAKE REASONABLE USE OF CITY STREETS,
PUBLIC UTILITY EASEMENTS AND OTHER CITY PROPERTY TO INSTALL,
MAINTAIN, LOCATE AND OPERATE ITS FACILITIES USED TO PROVIDE NATURAL
GAS SERVICES TO CUSTOMERS WITHIN THE CITY
WHEREAS, the Public Service Company of Colorado, a Colorado corporation, (the
“Company”) currently owns, maintains and operates a natural gas utility within the boundaries of
the City of Fort Collins (the “City”) that provides natural gas services to customers throughout
the City (the “Utility”); and
WHEREAS, the facilities the Company uses to operate the Utility are currently located
within, over, under and through various City-owned and controlled real properties, such as City
streets, public utility easements and other City properties (collectively, “City Property”); and
WHEREAS, City Charter Article XI, Section 1 authorizes the City Council to grant a
non-exclusive franchise for the use of City streets, alleys and other City property, but it must do
so by ordinance after conducting a noticed public hearing; and
WHEREAS, the Company does not currently have a formal franchise from the City to
operate its Utility facilities on City Property; and
WHEREAS, the Company has, however, previously operated the Utility within the City
under a formal franchise, with the last such franchise being granted in 1967 and expiring in
1987; and
WHEREAS, since 1987, the Company has operated the Utility in the City without a
formal franchise, but in its place the City Council adopted Ordinance No. 133, 1987, in which it
added what is now Article VI in City Code Chapter 25 to impose an annual occupation tax of
$445,000 on all natural gas companies doing business in the City and using City Property to do
so (the “Occupation Tax”), which the Company has paid over the years; and
WHEREAS, in 1989, the City Council also adopted Ordinance No. 21, 1989, to add
Article II to Code Chapter 6 to regulate the use of City Property by natural gas companies for
their facilities (the “Gas Facilities Regulations”); and
WHEREAS, City and Company representatives have been in discussions during the past
year or so to negotiate a formal franchise agreement for the Company to continue using City
Property in the operation of the Utility and for the Company to begin paying a franchise fee to be
applied as a credit against the Occupation Tax; and
WHEREAS, provisions in the franchise agreement have also been negotiated to address
issues relating to the Company’s and City’s cooperation and coordination with each other
concerning the construction, maintenance and operation of their respective utility facilities within
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City Property, which provisions are in addition to the provisions of the Gas Facilities
Regulations regulating the Company’s use of City Property; and
WHEREAS, these negotiations have resulted in the proposed franchise agreement that is
attached as Exhibit “A” and incorporated by reference (the “Franchise Agreement”); and
WHEREAS, the Franchise Agreement includes the following major terms and
conditions: (1) a term of twenty years beginning February 1, 2018, (2) the Company’s payment
of a franchise fee of 1.07% of the gross revenues the Company receives from its operation of the
Utility within City, (3) the City, upon sixty days prior written notice to the Company, may
increase the rate of the franchise fee up to no more than 3.0% of the Company’s gross revenues,
(4) new agreements relating to the cooperation and coordination of both parties’ in their
respective provision of utility services and concerning the Company’s use of City Property, and
(5) a commitment by the parties to cooperate on issues related to the environment and energy
conservation; and
WHEREAS, Charter Article XI, Section 1 requires that notice of the Council’s public
hearing on the grant of franchise must be published by the franchise applicant in a local
newspaper of general circulation once a week for three successive weeks immediately before the
date of the hearing; and
WHEREAS, the Company has satisfied this notice requirement by having the notice of
public hearing attached as Exhibit “B” and incorporated by reference published in the Fort
Collins Coloradoan each day beginning on December 12, 2017, and ending on January 2, 2018;
and
WHEREAS, the City Council hereby finds that the Franchise Agreement is necessary for
the public’s health, safety and welfare and is in the bests interests of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT COLLINS, COLORADO, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby approves the Franchise Agreement and the
non-exclusive franchise granted in it.
Section 3. That the rate of the franchise fee established in § 4.1.A. of the Franchise
Agreement shall not be increased as provided in that section without the City Council’s prior
ordinance approval.
Section 4. That the Mayor is hereby authorized to enter into the Franchise
Agreement, in substantially the form attached hereto as Exhibit “A”, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City or to effectuate the
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purposes of this Ordinance.
Section 5. That if any portion of this Ordinance is held to be unconstitutional or
invalid for any reason, such decision shall not affect the constitutionality or validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance and each part hereof irrespective of the fact that any one part may be
declared unconstitutional or invalid.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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FRANCHISE AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO
AND PUBLIC SERVICE COMPANY OF COLORADO
ARTICLE 1 DEFINITIONS
ARTICLE 2 GRANT OF FRANCHISE
ARTICLE 3 CITY POLICE POWERS
ARTICLE 4 FRANCHISE FEE
ARTICLE 5 ADMINISTRATION OF FRANCHISE
ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN
ARTICLE 7 RELIABILITY
ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS
ARTICLE 9 BILLING AND PAYMENT
ARTICLE 10 USE OF COMPANY FACILITIES
ARTICLE 11 UNDERGROUNDING OF OVERHEAD FACILITIES
ARTICLE 12 PURCHASE OR CONDEMNATION
ARTICLE 13 MUNICIPALLY PRODUCED UTILITY SERVICE
ARTICLE 14 ENVIRONMENT AND CONSERVATION
ARTICLE 15 TRANSFER OF FRANCHISE
ARTICLE 16 CONTINUATION OF UTILITY SERVICE
ARTICLE 17 INDEMNIFICATION AND IMMUNITY
ARTICLE 18 BREACH
ARTICLE 19 AMENDMENTS
ARTICLE 20 EQUAL OPPORTUNITY
ARTICLE 21 MISCELLANEOUS
EXHIBIT A
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TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS ....................................................................................................... 1
§1.1 “City” ........................................................................................................................ 1
§1.2 “Clean Energy” ......................................................................................................... 1
§1.3 “Company”. .............................................................................................................. 1
§1.4 “Company Facilities”. ............................................................................................... 1
§1.5 “Council” or “City Council”. .................................................................................... 1
§1.6 “Energy Conservation” ............................................................................................. 1
§1.7 “Energy Efficiency” t. ............................................................................................... 1
§1.8 “Force Majeure”........................................................................................................ 1
§1.9 “Gross Revenues” ..................................................................................................... 1
§1.10 “Industry Standards” ................................................................................................. 2
§1.11 “Open Space” ............................................................................................................ 2
§1.15 “Parks” ...................................................................................................................... 2
§1.16 “Private Project”. ...................................................................................................... 2
§1.17 “Public Project”. ....................................................................................................... 2
§1.18 “Public Utilities Commission” or “PUC” ................................................................. 3
§1.19 “Public Utility Easement” or “PUE”. ....................................................................... 3
§1.20 “Relocate,” “Relocation,” or “Relocated”. ............................................................... 3
§1.21 “Renewable Energy Resources” ............................................................................... 3
§1.22 “Residents”. .............................................................................................................. 3
§1.23 “Streets” or “City Streets” ........................................................................................ 3
§1.24 “Supporting Documentation”.................................................................................... 3
§1.25 “Tariffs”. ................................................................................................................... 3
§1.26 “Utility Service”........................................................................................................ 3
ARTICLE 2 GRANT OF FRANCHISE .................................................................................... 4
§2.1 Grant of Franchise..................................................................................................... 4
§2.2 Conditions and Limitations. ...................................................................................... 5
§2.3 Effective Date and Term.. ......................................................................................... 5
ARTICLE 3 CITY POLICE POWERS ...................................................................................... 5
§3.1 Police Powers ............................................................................................................ 5
§3.3 Compliance with Laws ............................................................................................. 6
§3.4 Industry Standards. ................................................................................................... 6
ARTICLE 4 FRANCHISE FEE ................................................................................................. 6
§4.1 Franchise Fee. ........................................................................................................... 6
§4.2 Remittance of Franchise Fee. .................................................................................... 7
§4.3 Franchise Fee Payment Not in Lieu of Permit or Other Fees ................................... 8
ARTICLE 5 ADMINISTRATION OF FRANCHISE ................................................................ 9
§5.1 City Designee ............................................................................................................ 9
§5.2 Company Designee ................................................................................................... 9
§5.3 Coordination of Work. .............................................................................................. 9
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ARTICLE 6 SUPPLY, CONSTRUCTION, AND DESIGN.................................................... 10
§6.1 Purpose .................................................................................................................... 10
§6.2 Supply ..................................................................................................................... 10
§6.3 Charges to the City for Service to City Facilities.. ................................................. 10
§6.4 Restoration of Service. ............................................................................................ 10
§6.5 Obligations Regarding Company Facilities. ........................................................... 10
§6.6 As-Built Drawings. ................................................................................................. 11
§6.7 Excavation and Construction .................................................................................. 12
§6.8 Restoration .............................................................................................................. 13
§6.9 Relocation of Company Facilities. .......................................................................... 13
§6.10 New or Modified Service Requested by City ......................................................... 15
§6.11 Service to New Areas.............................................................................................. 15
§6.12 City Not Required to Advance Funds ..................................................................... 15
§6.13 Technological Improvements.................................................................................. 15
ARTICLE 7 RELIABILITY ..................................................................................................... 16
§7.1 Reliability ................................................................................................................ 16
§7.2 Franchise Performance Obligations ........................................................................ 16
§7.3 Reliability Reports .................................................................................................. 16
ARTICLE 8 COMPANY PERFORMANCE OBLIGATIONS ............................................... 16
§8.1 New or Modified Service to City Facilities ............................................................ 16
§8.2 Adjustments to Company Facilities ........................................................................ 17
§8.3 Third Party Damage Recovery................................................................................ 17
ARTICLE 9 BILLING AND PAYMENT ................................................................................ 18
§9.1 Billing for Utility Services. ..................................................................................... 18
§9.2 Payment to City....................................................................................................... 18
ARTICLE 10 PURCHASE OR CONDEMNATION............................................................... 19
§10.1 Municipal Right to Purchase or Condemn. ............................................................. 19
ARTICLE 11 MUNICIPALLY PRODUCED UTILITY SERVICE ....................................... 19
§11.1 Municipally Produced Utility Service. ................................................................... 19
ARTICLE 12 ENVIRONMENT AND CONSERVATION..................................................... 19
§12.1 Environmental Leadership ...................................................................................... 20
§12.2 Conservation ........................................................................................................... 20
§12.3 Continuing Commitment.. ...................................................................................... 21
§12.4 PUC Approval ......................................................................................................... 21
ARTICLE 13 TRANSFER OF FRANCHISE .......................................................................... 21
§13.1 Consent of City Required........................................................................................ 21
§13.2 Transfer Fee ............................................................................................................ 21
ARTICLE 14 CONTINUATION OF UTILITY SERVICE ..................................................... 22
§14.1 Continuation of Utility Service ............................................................................... 22
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ARTICLE 15 INDEMNIFICATION AND IMMUNITY ........................................................ 22
§15.1 City Held Harmless ................................................................................................. 22
§15.2 Immunity ................................................................................................................. 23
ARTICLE 16 BREACH ........................................................................................................... 23
§16.1 Change of Tariffs .................................................................................................... 23
§16.2 Breach. .................................................................................................................... 23
ARTICLE 17 AMENDMENTS ............................................................................................... 24
§17.1 Proposed Amendments ........................................................................................... 24
§17.2 Effective Amendments............................................................................................ 24
ARTICLE 18 EQUAL OPPORTUNITY ................................................................................. 24
§18.1 Economic Development .......................................................................................... 24
§18.2 Employment. ........................................................................................................... 25
§18.3 Contracting. ............................................................................................................. 26
§18.4 Coordination ........................................................................................................... 26
ARTICLE 19 MISCELLANEOUS .......................................................................................... 26
§19.1 No Waiver ............................................................................................................... 26
§19.2 Successors and Assigns........................................................................................... 26
§19.3 Third Parties ............................................................................................................ 27
§19.4 Notice ...................................................................................................................... 27
§19.5 Examination of Records .......................................................................................... 28
§19.6 Confidential or Proprietary Information. ................................................................ 29
§19.7 List of Utility Property ............................................................................................ 29
§19.8 PUC Filings ............................................................................................................. 29
§19.9 Information ............................................................................................................. 29
§19.10 Payment of Taxes and Fees. .................................................................................... 30
§19.11 Conflict of Interest .................................................................................................. 30
§19.12 Certificate of Public Convenience and Necessity ................................................... 30
§19.13 Authority ................................................................................................................. 30
§19.14 Severability ............................................................................................................. 30
§19.15 Force Majeure ......................................................................................................... 31
§19.16 Earlier Franchises Superseded ................................................................................ 31
§19.17 Titles Not Controlling ............................................................................................. 31
§19.18 Applicable Law ....................................................................................................... 31
§19.19 Payment of Expenses Incurred by City in Relation to Franchise Agreement......... 31
§19.20 Costs of Compliance with Franchise ...................................................................... 31
§19.21 Conveyance of City Streets or Other City Property................................................ 31
§19.22 Audit ....................................................................................................................... 31
Signature Page ..................................................................................................................... 32
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ARTICLE 1
DEFINITIONS
For the purpose of this franchise agreement (“Franchise”), the following words and
phrases shall have the meaning given in this Article. When not inconsistent with context, words
used in the present tense include the future tense, words in the plural include the singular, and
words in the singular include the plural. The word “shall” is mandatory and “may” is
permissive. Words not defined in this Article shall be given their common and ordinary
meaning.
§1.1 “City” refers to the City of Fort Collins, a home rule municipality in the State of Colorado.
§1.2 “Clean Energy” means energy produced from Renewable Energy Resources, eligible energy
sources, and by means of advanced technologies that cost-effectively capture and sequester
carbon emissions produced as a by-product of power generation. For purposes of this definition,
“cost” means all those costs as determined by the PUC.
§1.3 “Company” refers to Public Service Company of Colorado, a Colorado corporation, and an Xcel
Energy company and its successors and assigns including affiliates or subsidiaries that undertake
to perform any of the obligations under this Franchise.
§1.4 “Company Facilities” refers to all facilities of the Company reasonably necessary or desirable to
provide gas service into, within and through the City, including but not limited to plants, works,
systems, transportation and distribution structures and systems, lines, equipment, pipes, mains,
conduit, underground lines, gas compressors, meters, meter reading devices, communication and
data transfer equipment, control equipment, gas regulator stations, as well as all associated
appurtenances.
§1.5 “Council” or “City Council” refers to and is the governing body of the City.
§1.6 “Energy Conservation” means the decrease in energy requirements of specific customers during
any selected time period, resulting in a reduction in end-use services.
§1.7 “Energy Efficiency” means the decrease in energy requirements of specific customers during any
selected period with end-use services of such customers held constant.
§1.8 “Force Majeure” means the inability to undertake an obligation of this Franchise due to a cause
that could not be reasonably anticipated by a party or is beyond its reasonable control after
exercise of best efforts to perform, including but not limited to fire, strike, war, riots, terrorist
acts, acts of governmental authority, acts of God, floods, epidemics, quarantines, labor disputes,
unavailability or shortages of materials or equipment or failures or delays in the delivery of
materials. Neither the City nor the Company shall be in breach of this Franchise if a failure to
perform any of the duties under this Franchise is due to a Force Majeure condition.
§1.9 “Gross Revenues” refers to those amounts of money that the Company receives from the sale of
gas within the City under rates authorized by the Public Utilities Commission, as well as from the
transportation of gas to its customers within the City, as adjusted for refunds, net write-offs of
uncollectible accounts, corrections, or regulatory adjustments. Regulatory adjustments include,
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but are not limited to, credits, surcharges, refunds, and pro-forma adjustments pursuant to federal
or state regulation. “Gross Revenues” shall exclude any revenues from the sale or transportation
of gas to the City.
§1.10 “Industry Standards” refers to standards developed by government agencies and generally
recognized organizations that engage in the business of developing utility industry standards for
materials, specifications, testing, construction, repair, maintenance, manufacturing, and other
facets of the electric and gas utility industries. Such agencies and organizations include, but are
not limited to the U.S. Department of Transportation, the Federal Energy Regulatory Commission
(FERC), the Pipeline and Hazardous Materials Safety Administration (PHMSA), the Colorado
Public Utilities Commission, the American National Standards Institute (ANSI), the American
Society for Testing and Materials (ASTM), the Pipeline Research Council International, Inc.
(PRCI), the American Society of Mechanical Engineers (ASME), the Gas Technology Institute
(GTI), and the National Fire Protection Association (NFPA).
§1.11 “Open Space” refers to privately-owned property protected by real covenant, or publicly-
owned property protected by covenant and/or designated by ordinance or resolution of
the City Council, which covenant or designation designates the property for use as one
(1) or more of the following: a natural area not open to the public; a community buffer; a
wildlife corridor and habitat area; a wetland; a view corridor; agricultural land; an area of
archeological, historical, geologic or topographic significance; an area containing
significant renewable and/or nonrenewable natural resources; and/or other undesignated,
typically non-irrigated, undeveloped land uses. Open Space shall not include Parks.
§1.14 “Other City Property” refers to the surface, the air space above the surface and the area
below the surface of any property owned by the City or directly controlled by the City
due to the City’s real property interest in the same or hereafter owned by the City, that
would not otherwise fall under the definition of “Streets,” but which provides a suitable
location for the placement of Company Facilities as specifically approved in writing by
the City. Other City Property does not include Public Utility Easements.
§1.15 “Parks” refers to land area owned by the City, either independently or with another
governmental or quasi-governmental entity, that is developed and maintained for active
or passive recreational use and is open for the general public’s use and enjoyment; which,
by way of example only, may include public playfields, courts, and other recreation
facilities, or may include greenways, water features, picnic areas, or natural areas.
§1.16 “Private Project” refers to any project which is not covered by the definition of Public Project.
§1.17 “Public Project” refers to (1) any public work or improvement within the City that is wholly
owned by the City; or (2) any public work or improvement within the City where fifty percent
(50%) or more of the funding is provided by any combination of the City, the federal government,
the State of Colorado, or any Colorado county, but excluding all entities established under Title
32 of the Colorado Revised Statutes, except for the East Larimer County Water District, the Fort
Collins-Loveland Water District, the South Fort Collins Sanitation District, the West Fort Collins
Water District, the Boxelder Sanitation District, the Cherry Hills Sanitation District and the
Sunset Water District, but only to the extent that the projects undertaken by any of the foregoing
entities are necessary to provide water or sanitation services to the City or to Residents of the
City.
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§1.18 “Public Utilities Commission” or “PUC” refers to the Public Utilities Commission of the State of
Colorado or other state agency succeeding to the regulatory powers of the Public Utilities
Commission.
§1.19 “Public Utility Easement” or “PUE” refers to any platted easement over, under, or above public
or private property, expressly dedicated to, and accepted by, the City for the use of public utility
companies for the placement of utility facilities, including but not limited to Company Facilities.
“Public Utility Easement” shall not include easements within Streets.
§1.20 “Relocate,” “Relocation,” or “Relocated” refers to the definition assigned such terms in Section
6.9.A of this Franchise.
§1.21 “Renewable Energy Resources” means wind, solar, and geothermal resources; energy produced
from biomass from nontoxic plant matter consisting of agricultural crops or their byproducts,
urban wood waste, mill residue, slash, or brush, or from animal wastes and products of animal
wastes, or from methane produced at landfills or as a by-product of the treatment of wastewater
residuals; new hydroelectricity with a nameplate rating of ten (10) megawatts or less; and
hydroelectricity in existence on January 1, 2005, with a nameplate rating of thirty (30) megawatts
or less; fuel cells using hydrogen derived from a Renewable Energy Resource; and recycled
energy produced by a generation unit with a nameplate capacity of not more than fifteen (15)
megawatts that converts the otherwise lost energy from the heat from exhaust stacks or pipes to
electricity and that does not combust additional fossil fuel, and includes any eligible renewable
energy resource as defined in §40-2-124(1)(a), C.R.S., as the same shall be amended from time to
time.
§1.22 “Residents” refers to all persons, businesses, industries, governmental agencies, including the
City, and any other entity whatsoever, presently located or to be hereinafter located, in whole or
in part, within the territorial boundaries of the City.
§1.23 “Streets” or “City Streets” refers to the surface, the air space above the surface and the area below
the surface of any City-dedicated or City-maintained streets, alleys, bridges, roads, lanes, access
easements, and other public rights-of-way within the City, which are primarily used for vehicle
traffic. Streets shall not include Public Utility Easements and Other City Property.
§1.24 “Supporting Documentation” refers to all information reasonably required or needed in order to
allow the Company to design and construct any work performed under the provisions of this
Franchise. Supporting Documentation may include, but is not limited to, construction plans, a
description of known environmental issues, the identification of critical right-of-way or easement
issues, the final recorded plat for the property, the date the site will be ready for the Company to
begin construction, the date gas service and meter set are needed, and the name and contact
information for the City’s project manager.
§1.25 “Tariffs” refer to those tariffs of the Company on file and in effect with the PUC or other
governing jurisdiction, as amended from time to time.
§1.26 “Utility Service” refers to the sale of gas to Residents by the Company under rates and Tariffs
approved by the PUC, as well as the delivery of gas to Residents by the Company.
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ARTICLE 2
GRANT OF FRANCHISE
§2.1 Grant of Franchise.
A. Grant. The City hereby grants to the Company, subject to all conditions,
limitations, terms, and provisions contained in this Franchise, the non-exclusive right to
make reasonable use of City Streets, Public Utility Easements (as applicable) and Other
City Property:
(1) to provide Utility Service to the City and to its Residents under the Tariffs;
and
(2) to acquire, purchase, construct, install, locate, maintain, operate, upgrade
and extend into, within and through the City all Company Facilities reasonably necessary
for the sale, storage, purchase, exchange, transportation, transmission and distribution of
Utility Service within and through the City.
B. New Company Facilities in Other City Property, Excluding Parks and Open
Space. For all Other City Property that is not a Park or Open Space, the City’s grant to
the Company of the right to locate Company Facilities in, on, over or across such Other
City Property shall be subject to: (1) the Company already having or first receiving from
the City approval of the location of such Company Facilities, in the City’s reasonable
discretion; and (2) the terms and conditions of the use of such Other City Property shall
be governed by this Franchise as may be reasonably supplemented to account for the
unique nature of such Other City Property; by way of illustration and example only, the
City may want to condition the use of Other City Property that is a golf course upon the
Company not constructing Company Facilities in fairways or greens or during peak golf
season. Nothing in this subsection B shall modify or extinguish pre-existing Company
property rights. Further, this paragraph shall not prohibit the Company from modifying,
replacing or upgrading Company Facilities already located in Parks or Open Space in
accordance with the terms and conditions of the City license agreement, permit or other
agreement that granted the Company the right to use such Other City Property or, if there
is no such license agreement, permit or other agreement, in accordance with this
Franchise.
C. New Company Facilities in Other City Property that are Parks or Open Space. The City’s
grant to the Company of the right to locate Company Facilities in, on, over or across Other City
Property that is a Park or Open Space shall be subject to (1) the Company’s already having or
first receiving from the City a revocable license, permit or other agreement approving the location
of such Company Facilities, which the City may grant or deny in its sole discretion; and (2) the
terms and conditions of such revocable license agreement, permit or other written agreement.
Nothing in this subsection C shall modify or extinguish pre-existing Company property rights.
Further, this paragraph shall not prohibit the Company from modifying, replacing or upgrading
Company Facilities already located in Parks or Open Space in accordance with the terms and
conditions of the City license agreement, permit or other agreement that granted the Company the
right to use such Parks or Open Space or, if there is no such license agreement, permit or other
agreement, in accordance with this Franchise.
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§2.2 Conditions and Limitations.
A. Scope of Franchise. The grant of this Franchise shall extend to all areas of the
City as it is now or hereafter constituted that are within the Company’s PUC-certificated
service territory; however, nothing contained in this Franchise shall be construed to
authorize the Company to engage in activities other than the provision of Utility Service.
B. Subject to City Usage. The Company’s right to make reasonable use of City
Streets and Other City Property to provide Utility Service to the City and its Residents
under this Franchise is subject to and subordinate to any City usage of said Streets and
Other City Property.
C. Prior Grants Not Revoked. This grant and Franchise is not intended to revoke any
prior license, grant, or right to use the Streets, Other City Property or Public Utility
Easements and such licenses, grants or rights of use are hereby affirmed.
D. Franchise Not Exclusive. The rights granted by this Franchise are not, and shall
not be deemed to be, granted exclusively to the Company, and the City reserves the right
to make or grant a franchise to any other person, firm, or corporation.
E. Mutual Reservation of Rights Concerning Public Utility Easements. Subject to
the rights expressly granted to the Company in subsection 2.1 and in other provisions of
this Agreement concerning its non-exclusive right to make reasonable use of Public
Utility Easements, nothing in this Agreement shall be construed to be a waiver by the
City or the Company of any rights, interests, causes of action or claims that either may
have under the law concerning the use of Public Utility Easements.
§2.3 Effective Date and Term. This Franchise shall take effect on February 1, 2018, (the “Effective
Date”) and shall supersede any prior franchise grants to the Company by the City. This Franchise
shall terminate on January 31, 2038, unless extended by agreement of the parties.
ARTICLE 3
CITY POLICE POWERS
§3.1 Police Powers. The Company expressly acknowledges the City’s right to adopt, from time
to time, in addition to the provisions contained herein, such laws, including Charter
provisions, ordinances and regulations, as it may deem necessary in the exercise of its
governmental powers. If the City considers making any substantive changes in its local
codes or regulations that in the City’s reasonable opinion will significantly impact the
Company’s operations in the City’s Streets, Public Utility Easements and Other City
Property, it will make a good faith effort to advise the Company of such consideration;
provided, however, that lack of notice shall not be justification for the Company’s non-
compliance with any applicable local requirements.
§3.2 Regulation of Streets and Other City Property. The Company expressly acknowledges
the City’s right to enforce regulations concerning the Company’s access to or use of the
Streets and Other City Property. In addition, the Company acknowledges the City’s right
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to require the Company to obtain permits for work in Streets, Other City Property and
Public Utility Easements.
§3.3 Compliance with Laws. The Company shall promptly and fully comply with all laws,
regulations, permits and orders lawfully enacted by the City. Nothing herein provided
shall prevent the Company from legally challenging or appealing the enactment or
applicability of any laws, regulations, permits and orders enacted by the City. To the
extent that the Company believes that any City regulations, permits and orders are
inconsistent with Industry Standards, the City agrees to meet with the Company upon the
Company’s written request for consideration of the matters at issue within a reasonable
period of time.
§3.4 Industry Standards. In enacting laws and regulations and issuing permits that affect the
Company’s access to or use of the Streets, Other City Property and Public Utility Easements, the
City agrees, without limiting the City’s police powers, to make good faith efforts to make its
regulations and permit conditions consistent with Industry Standards to the extent practicable, and
the Company agrees to make good faith efforts to advise the City of Industry Standards that affect
the Company’s operations within the City. In addition, without limiting the City’s police power,
the City will take into consideration any input from the Company on new regulations and permit
conditions that the Company believes unnecessarily increase its cost of operations within the
City.
ARTICLE 4
FRANCHISE FEE
§4.1 Franchise Fee.
A. Fee. In consideration for this Franchise, which provides the certain terms related
to the Company’s use of City Streets, Public Utility Easements and Other City Property,
which are valuable public properties acquired and maintained by the City at the expense
of its Residents, and in recognition of the fact that the grant to the Company of this
Franchise is a valuable right, the Company shall initially pay the City a sum not to exceed
one and seven hundredths percent (1.07%) of all Gross Revenues (the “Franchise Fee”).
However, the City may elect at any time to increase or decrease the percentage amount
used to calculate the Franchise Fee, but any new percentage amount shall not exceed
three percent (3%) of Gross Revenues. To so increase or decrease the percentage amount,
the City shall provide the Company with prior written notice stating the new percentage
and the date it will become effective. Such notice shall be given not less than sixty (60)
days before the stated effective date. To the extent required by law, the Company shall
collect the Franchise Fee from a corresponding surcharge upon City Residents who are
customers of the Company.
B. Obligation in Lieu of Fee. In the event that the Franchise Fee specified herein is
declared void for any reason by a court of competent jurisdiction, unless prohibited by
law, the Company shall be obligated to pay the City, at the same times and in the same
manner as provided in this Franchise, an aggregate amount equal to the amount that the
Company would have paid as a Franchise Fee as partial consideration for use of the City
Streets, Public Utility Easements and Other City Property. Such payments shall be made
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in accordance with applicable provisions of law. Further, to the extent required by law,
the Company shall collect the amounts agreed upon through a surcharge upon Utility
Service provided to City Residents who are customers of the Company.
C. Changes in Utility Service Industries. The City and the Company recognize that
utility service industries are the subject of restructuring initiatives by legislative and
regulatory authorities, and are also experiencing other changes as a result of mergers,
acquisitions, and reorganizations. Some of such initiatives and changes may have an
adverse impact upon the Franchise Fee revenues provided for herein. In recognition of
the length of the term of this Franchise, the Company agrees that in the event of any such
initiatives or changes and to the extent permitted by law, upon receiving a written request
from the City, the Company will cooperate with and assist the City in making reasonable
modifications of this Franchise in an effort to provide that the City receives an amount in
Franchise Fees or some other form of compensation that is the same amount of Franchise
Fees paid to the City as of the date that such initiatives and changes adversely impact
Franchise Fee revenues.
D. Utility Service Provided to the City. No Franchise Fee surcharge shall be charged
to the City for Utility Service provided directly or indirectly to the City for its own
consumption, unless otherwise directed by the City in writing and in a manner consistent
with Company policy.
§4.2 Remittance of Franchise Fee.
A. Remittance Schedule. Franchise Fee revenues shall be remitted by the Company
to the City as directed by the City in monthly installments not more than thirty (30) days
following the close of each month.
B. Correction of Franchise Fee Payments. In the event that either the City or the
Company discovers that there has been an error in the calculation of the Franchise Fee
payment to the City, either party shall provide written notice of the error to the other
party. Subject to the following sentence, if the party receiving written notice of the error
does not agree with the written notice of error, that party may challenge the written notice
of error pursuant to Section 4.2.D of this Franchise; otherwise, the error shall be
corrected in the next monthly payment. However, if the error results in an overpayment
of the Franchise Fee to the City, and said overpayment is in excess of Five Thousand
Dollars ($5,000.00), correction of the overpayment by the City shall take the form of a
credit against future Franchise Fees and shall be spread over the same period the error
was undiscovered or the City may make a full refund payment to the Company. If such
period would extend beyond the term of this Franchise, the Company may elect to require
the City to provide it with a full refund instead of a credit, with such refund to be spread
over the same period the error was undiscovered, even if the refund will be paid after the
termination date of this Franchise. All Franchise Fee underpayments shall be corrected in
the next monthly payment, together with interest computed at the rate set by the PUC for
customer security deposits held by the Company, from the date when due until the date
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paid. Subject to the terms of the Tariffs, in no event shall either party be required to fund
or refund more than five(5) years of any overpayment or underpayment made as a result
of a Company error which occurred more than five (5) years prior to the discovery of the
error.
C. Audit of Franchise Fee Payments.
(1) At the request of the City, every three (3) years commencing at the end of
the third year of this Franchise, the Company shall conduct an internal audit, in
accordance with the Company’s auditing principles and policies that are applicable to gas
utilities that are developed in accordance with the Institute of Internal Auditors, to
investigate and determine the correctness of the Franchise Fee paid to the City. Such
audit shall be limited to the previous three (3) calendar years. The Company shall
provide a written report to the City Manager summarizing the audit procedures followed
along with any potential findings.
(2) If the City disagrees with the results of the audit, and if the parties are not
able to informally resolve their differences, the City may conduct its own audit at its own
expense, in accordance with generally accepted auditing principles applicable to gas
utilities, and the Company shall cooperate by providing the City’s auditor with non-
confidential information that would be required to be disclosed under applicable state
sales and use tax laws and applicable PUC rule and regulations.
(3) If the results of a City audit conducted pursuant to subsection C(2)
concludes that the Company has underpaid the City by two percent (2%) or more, in
addition to the obligation to pay such amounts to the City, the Company shall also pay all
reasonable costs of the City’s audit. The Company shall not be responsible for the costs
of the City’s audit when the underpayment is caused by errors from information provided
by an entity certified by the Colorado Department of Revenue as a “hold harmless entity”
or other similar entity recognized by the Colorado Department of Revenue.
D. Fee Disputes. Either party may challenge any written notification of error as
provided for in Section 4.2.B of this Franchise by filing a written notice to the other party
within thirty (30) days of receipt of the written notification of error. The written notice
shall contain a summary of the facts and reasons for the party’s notice. The parties shall
make good faith efforts to resolve any such notice of error before initiating any formal
legal proceedings for the resolution of such error.
E. Reports. To the extent allowed by law, upon written request by the City, but not
more than once per year, the Company shall supply the City with the names and
addresses of registered gas suppliers and brokers of natural gas that utilize Company
Facilities to sell or distribute natural gas in Colorado. The Company shall not be required
to disclose any confidential or proprietary information.
§4.3 Franchise Fee Payment Not in Lieu of Permit or Other Fees. Payment of the Franchise Fee
does not exempt the Company from any other lawful tax or fee imposed generally upon
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persons doing business within the City, except that the Franchise Fee provided for herein
shall be in lieu of or a credit against any City occupation, occupancy or similar tax or fee
in existence on the Effective Date of this Franchise Agreement for the use of City Streets,
Public Utility Easements and Other City Property under the terms set forth in this
Franchise.
ARTICLE 5
ADMINISTRATION OF FRANCHISE
§5.1 City Designee. The City Manager shall designate in writing to the Company an official
having full power and authority to administer this Franchise. The City Manager may also
designate one or more City representatives to act as the primary liaison with the
Company as to particular matters addressed by this Franchise and shall provide the
Company with the names and telephone numbers of said City representatives. The City
Manager may change these designations by providing written notice to the Company.
The City’s designee shall have the right, at all reasonable times, to inspect any Company
Facilities in City Streets and Other City Property.
§5.2 Company Designee. The Company shall designate a representative to act as the primary
liaison with the City and shall provide the City with the name, address, and telephone
number for the Company’s representative under this Franchise. The Company may
change its designation by providing written notice to the City. The City shall use this
liaison to communicate with the Company regarding Utility Service and related service
needs for City facilities.
§5.3 Coordination of Work.
A. The Company agrees to coordinate its activities in City Streets, Public Utility
Easements and Other City Property with the City. The City and the Company will meet
biannually upon the written request of the City designee to exchange their respective
short-term (three years or less) and long-term (more than three years) forecasts and/or
work plans for construction and other similar work which may affect City Streets, Other
City Property and PUEs, including but not limited to any planned City Streets paving
projects. The City and Company shall hold such meetings as either deems necessary to
exchange additional information with a view toward coordinating their respective
activities in those areas where such coordination may prove beneficial and so that the
City will be assured that all applicable provisions of this Franchise, applicable building
and zoning codes, and applicable City air and water pollution regulations are complied
with, and that aesthetic and other relevant planning principles have been given due
consideration.
B. In addition to the foregoing meetings, the Company and the City agree to use
good faith efforts to provide notice to one another whenever: (a) the Company initiates
plans to significantly upgrade its infrastructure within the City; (b) third party applicants
within the City initiate private land uses and projects requiring a significant installation of
gas utility infrastructure; or (c) the City initiates a Public Project that requires significant
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upgrade to future gas utility development by the Company, in order to allow for mutual
City and Company input and consultation for beneficial coordination of activities.
ARTICLE 6
SUPPLY, CONSTRUCTION, AND DESIGN
§6.1 Purpose. The Company acknowledges the critical nature of the municipal services
performed or provided by the City to the Residents that require the Company to provide
prompt and reliable Utility Service and the performance of related services for City
facilities. The City and the Company wish to provide for certain terms and conditions
under which the Company will provide Utility Service and perform related services for
the City in order to facilitate and enhance the operation of City facilities. They also wish
to provide for other processes and procedures related to the provision of Utility Service to
the City.
§6.2 Supply. Subject to the jurisdiction of the PUC, the Company shall take all reasonable and
necessary steps to provide a sufficient supply of gas to Residents at the lowest reasonable
cost consistent with reliable supplies.
§6.3 Charges to the City for Service to City Facilities. No charges to the City by the Company for
Utility Service (other than gas transportation which shall be subject to negotiated contracts) shall
exceed the lowest charge for similar service or supplies provided by the Company to any other
similarly situated customer of the Company. The parties acknowledge the jurisdiction of the
PUC over the Company’s regulated intrastate gas rates. All charges to the City shall be in accord
with the Tariffs.
§6.4 Restoration of Service.
A. Notification. The Company shall provide to the City daytime and nighttime
telephone numbers of a designated Company representative from whom the City
designee may obtain status information from the Company on a twenty-four (24) hour
basis concerning interruptions of Utility Service in any part of the City.
B. Restoration. In the event the Company’s gas system within the City, or any part
thereof, is partially or wholly destroyed or incapacitated, the Company shall use due
diligence to restore such system to satisfactory service within the shortest practicable
time, or provide a reasonable alternative to such system if the Company elects not to
restore such system.
§6.5 Obligations Regarding Company Facilities.
A. Company Facilities. All Company Facilities within City Streets and Other City
Property shall be maintained in good repair and condition.
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B. Company Work within the City. All work within City Streets and Other City
Property performed or caused to be performed by the Company shall be done:
(1) in a high-quality manner that is in accordance with Industry Standards;
(2) in a timely and expeditious manner;
(3) in a manner that reasonably minimizes inconvenience to the public;
(4) in a cost-effective manner, which may include the use of qualified
contractors; and
(5) in accordance with all applicable laws, ordinances and regulations.
C. No Interference with City Facilities. Company Facilities shall not unreasonably
interfere with any City facilities, including without limitation electric facilities, water
facilities, sanitary and storm sewer facilities, communications facilities, or other City uses
of the Streets, Public Utility Easements or Other City Property. Company Facilities shall
be installed and maintained in City Streets and Other City Property so as to reasonably
minimize interference with other property, trees, and other improvements and natural
features in and adjoining the Streets and Other City Property in light of the Company’s
obligation under Colorado law to provide safe and reliable utility facilities and services.
In addition, Company Facilities shall be located or relocated in manner that satisfies all
applicable City standards and Industry Standards for separation from existing and
planned City facilities.
D. Permit and Inspection. The installation, renovation, and replacement of any
Company Facilities in the City Streets or Other City Property by or on behalf of the
Company shall be subject to permit, inspection and approval by the City in accordance
with applicable laws. Such permitting, inspection and approval may include, but shall
not be limited to, the following matters: location of Company Facilities, cutting and
pruning of trees and shrubs and disturbance of pavement, sidewalks and surfaces of City
Streets or Other City Property; provided, however, the Company shall have the right to
cut, prune, and/or remove vegetation in accordance with its standard vegetation
management requirements and procedures. The Company agrees to cooperate with the
City in conducting inspections and shall promptly perform any remedial action lawfully
required by the City pursuant to any such inspection.
E. Compliance. Subject to the provisions of Section 3.3, the Company and all of its
contractors shall comply with the requirements of applicable municipal laws, ordinances,
regulations, permits, and standards lawfully adopted, including but not limited to
requirements of all building and zoning codes, and requirements regarding curb and
pavement cuts, excavating, digging, and other construction activities. The Company
shall use commercially reasonable efforts to require that its contractors and
subcontractors working in City Streets or Other City Property hold the necessary licenses
and permits required by law.
§6.6 As-Built Drawings.
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A. Within thirty (30) days after written request of the City designee, but no sooner
than fourteen (14) days after project completion, the Company shall commence its
internal process to permit the Company to provide, on a project by project basis, as-built
drawings of any Company Facility installed within the City Streets or Other City
Property or contiguous to the City Streets or Other City Property. The Company shall
provide the requested documents no later than forty-five (45) days after it commences its
internal process.
B. If the requested information must be limited or cannot be provided pursuant to
regulatory requirements or Company Tariffs, the Company shall promptly notify the City
of such restrictions. The City reserves the right to challenge the Company’s position. The
City acknowledges that the requested as-built drawings are confidential information of
the Company and the Company asserts that disclosure to members of the public would be
contrary to the public interest. Accordingly, the City shall deny the right of inspection of
the Company’s confidential information as set forth in C.R.S. §24-72-204(3)(a)(IV), as
may be amended from time to time. If an Open Records Act request is made by any third
party for confidential or proprietary information that the Company has provided to the
City pursuant to this Franchise, the City will notify the Company of the request and shall
allow the Company to defend such request at its sole expense, including filing a legal
action in any court of competent jurisdiction to prevent disclosure of such information.
In any such legal action the Company shall join the person requesting the information and
the City. In no circumstance shall the City provide to any third-party confidential
information provided by the Company pursuant to this Franchise without first conferring
with the Company. Provided the City complies with the terms of this Section, the
Company shall defend, indemnify and hold the City harmless from any claim, judgment,
costs or attorney fees incurred in participating in such proceeding.
C. As used in this Section, as-built drawings refers to hard copies of the facility
drawings as maintained in the Company’s business records and shall not include
information maintained in the Company’s geographical information system. However,
once the Company has developed the capability to create digital or electronic versions of
its as-built drawings, the Company agrees to provide those versions to the City. The
Company shall not be required to create drawings or data that do not exist at the time of
the request.
§6.7 Excavation and Construction. Subject to Section 3.3, the Company shall be responsible for
obtaining, paying for, and complying with all applicable permits, in the manner required
by the laws, ordinances, and regulations of the City. Although the Company shall be
responsible for obtaining and complying with the terms of such permits, when
performing Relocations requested by the City under Section 6.9 of this Franchise, the
City will not require the Company to pay the fees charged for such permits. Upon the
Company submitting a construction design plan, the City shall promptly and fully advise
the Company in writing of all requirements for restoration of affected City Streets and
Other City Property in advance of Company’s excavation projects in those areas, based
upon the design submitted, if the City’s restoration requirements are not addressed in
publicly available standards.
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§6.8 Restoration. Subject to the provisions of Section 6.5.D, when the Company does any
work in or affecting City Streets or Other City Property, it shall, at its own expense,
promptly remove any obstructions placed thereon or therein by the Company and within
a reasonable period of time restore such City Streets or Other City Property to a condition
that is substantially the same as existed before the work, and that meets applicable City
standards. If weather or other conditions do not permit the complete restoration required
by this Section, the Company may with the approval of the City, temporarily restore the
affected City Streets and Other City Property, provided that such temporary restoration is
not at the City’s expense and provided further that the Company promptly undertakes and
completes the required permanent restoration when the weather or other conditions no
longer prevent such permanent restoration. Upon the request of the City, the Company
shall restore the Streets and Other City Property to a better condition than existed before
the Company work was undertaken, provided that the City shall be responsible for any
incremental costs of such restoration not required by then-current City standards, and
provided the City seeks and/or grants, as applicable, any additional required approvals. If
the Company fails to promptly restore City Streets or Other City Property as required by
this Section, and if, in the reasonable discretion of the City immediate action is required
for the protection of public health, safety or welfare, the City may restore such Streets or
Other City Property or remove the obstruction therefrom; provided however, City actions
do not interfere with Company Facilities. The Company shall be responsible for the
actual cost incurred by the City to restore such City Streets or Other City Property or to
remove any obstructions therefrom. In the course of its restoration of City Streets, Public
Utility Easements or Other City Property under this Section, the City shall not perform
work on Company Facilities unless specifically authorized by the Company in writing on
a project-by-project basis and subject to the terms and conditions agreed to in such
authorization.
§6.9 Relocation of Company Facilities.
A. Relocation Obligation. The Company shall temporarily or permanently remove,
relocate, change or alter the position of any Company Facility (collectively,
“Relocate(s),” “Relocation(s),” or “Relocated”) in (i) City Streets or (ii) in Other City
Property at no cost or expense to the City whenever the City determines such Relocation
is necessary for the completion of any Public Project. In the case of Relocation that is
necessary for the completion of any Public Project in a Public Utility Easement that is not
in a City Street or Other City Property (to the extent the City is not requesting a
relocation for service to the City as a customer of the Company), the Company shall not
be responsible for any relocation costs. For all Relocations, the Company and the City
agree to cooperate on the location and Relocation of the Company Facilities in the City
Streets or Other City Property in order to achieve Relocation in the most efficient and
cost-effective manner possible. Notwithstanding the foregoing, once the Company has
Relocated any Company Facility at the City’s direction, if the City requests that the same
Company Facility be Relocated within two (2) years, the subsequent Relocation shall not
be at the Company’s expense. Nothing provided herein shall prevent the Company from
recovering its Relocation costs and expenses from third parties.
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B. Private Projects. Subject to Section 6.9.F, the Company shall not be responsible
for the expenses of any Relocation required by Private Projects, and the Company has the
right to require the payment of estimated Relocation expenses from the party causing, or
responsible for, the Relocation before undertaking the Relocation.
C. Relocation Performance. The Relocations set forth in Section 6.9.A of this
Franchise shall be completed within a reasonable time, not to exceed one hundred twenty
(120) days from the later of the date on which the City designee requests, in writing, that
the Relocation commence, or the date when the Company is provided all Supporting
Documentation. The Company shall notify the City within twenty (20) days of receipt of
the request it the Supporting Documentation is insufficient to complete the project. The
Company shall receive an extension of time to complete a Relocation where the
Company’s performance was delayed due to Force Majeure or the failure of the City to
provide adequate Supporting Documentation. The Company has the burden of presenting
evidence to reasonably demonstrate the basis for the delay. Upon written request of the
Company, the City may also grant the Company reasonable extensions of time for good
cause shown and the City shall not unreasonably withhold or condition any such
extension.
D. City Revision of Supporting Documentation. Any revision by the City of
Supporting Documentation provided to the Company that causes the Company to
substantially redesign and/or change its plans regarding Company Facility Relocation
shall be deemed good cause for a reasonable extension of time to complete the Relocation
under this Franchise.
E. Completion. Each such Relocation shall be complete only when the Company
actually Relocates the Company Facilities, restores the Relocation site in accordance with
Section 6.7 of this Franchise or as otherwise agreed with the City, and removes from the
site or properly abandons on site all unused Company Facilities, equipment, material and
other impediments. Any abandonment of Company Facilities as contemplated in this
section shall comply with Industry Standards.
F. Scope of Obligation. Notwithstanding anything to the contrary in this Franchise,
the Company shall not be required to Relocate any Company Facilities from property (a)
owned by the Company in fee; or (b) in which the Company has a property right, grant or
interest, including without limitation an easement but excluding Public Utility Easements,
which are addressed in Section 6.9.A.
G. Underground Relocation. Underground Company Facilities shall be Relocated
underground. Above ground Company Facilities shall be Relocated above ground unless
the Company is paid for the incremental amount by which the underground cost would
exceed the above ground cost of Relocation.
H. Coordination.
(1) When requested in writing by the City designee or the Company,
representatives of the City and the Company shall meet to share information regarding
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anticipated projects which will require Relocation of Company Facilities in City Streets
and Other City Property. Such meetings shall be for the purpose of minimizing conflicts
where possible and to facilitate coordination with any reasonable timetable established by
the City for any Public Project.
(2) The City shall make reasonable best efforts to provide the Company with
one (1) year’s advance notice of any planned Street repaving. The Company shall make
reasonable best efforts to complete any necessary or anticipated repairs or upgrades to
Company Facilities that are located underneath the Streets within the one-year period if
practicable.
I. Proposed Alternatives or Modifications. Upon receipt of written notice of a
required Relocation, the Company may propose an alternative to or modification of the
Public Project requiring the Relocation in an effort to mitigate or avoid the impact of the
required Relocation of Company Facilities. The City shall in good faith review the
proposed alternative or modification. The acceptance of the proposed alternative or
modification shall be at the discretion of the City. In the event the City accepts the
proposed alternative or modification, the Company agrees to promptly compensate the
City for all additional costs, expenses or delay that the City reasonably determines
resulted from the implementation of the proposed alternative.
§6.10 New or Modified Service Requested by City. The conditions under which the Company
shall install new or modified Utility Service to the City as a customer shall be governed
by this Franchise and the Company’s Tariffs and the Tariffs shall control in the event of a
conflict.
§6.11 Service to New Areas. If the territorial boundaries of the City are expanded during the
term of this Franchise, the Company shall, to the extent permitted by law, extend service
to Residents in the expanded area at the earliest practicable time if the expanded area is
within the Company’s PUC-certificated service territory. Service to the expanded area
shall be in accordance with the terms of the Tariffs and this Franchise, including the
payment of Franchise Fees.
§6.12 City Not Required to Advance Funds. Upon receipt of the City’s authorization for billing
and construction, the Company shall install Company Facilities to provide Utility Service
to the City as a customer, without requiring the City to advance funds prior to
construction. The City shall pay for the installation of Company Facilities once
completed in accordance with the Tariffs. Notwithstanding anything to the contrary, the
provisions of this Section to allow the City to not advance funds prior to construction
shall apply unless prohibited by PUC rules or the Tariffs. The parties agree that as of the
date of execution of this Agreement, Company Tariff Sheet R120 governs the terms of
installation of Company Facilities for the City and allows installation of Company
Facilities without the City advancing funds prior to construction.
§6.13 Technological Improvements. The Company shall use its best efforts to incorporate, as
soon as practicable, technological advances in its equipment and service within the City
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when such advances are technically and economically feasible and are safe and beneficial
to the City and its Residents.
ARTICLE 7
RELIABILITY
§7.1 Reliability. The Company shall operate and maintain Company Facilities efficiently and
economically, in accordance with Industry Standards, and in accordance with the
standards, systems, methods and skills consistent with the provision of adequate, safe and
reliable Utility Service.
§7.2 Franchise Performance Obligations. The Company recognizes that, as part of its obligations
and commitments under this Franchise, the Company shall carry out each of its
performance obligations in a timely, expeditious, efficient, economical and workmanlike
manner.
§7.3 Reliability Reports. Upon written request, the Company shall provide the City with a
report regarding the reliability of Company Facilities and Utility Service.
ARTICLE 8
COMPANY PERFORMANCE OBLIGATIONS
§8.1 New or Modified Service to City Facilities. In providing new or modified Utility Service to
City facilities, the Company agrees to perform as follows:
A. Performance. The Company shall complete each project requested by the City
within a reasonable time. The parties agree that a reasonable time shall not exceed one
hundred eighty (180) days from the date upon which the City designee makes a written
request and provides the required Supporting Documentation for all Company Facilities,
including a copy to the Area Manager as designated in Section 21.4 below. Provided that
the City provides the Company’s designated representative with a copy of the Supporting
Documentation, the Company shall notify the City within twenty (20) days of receipt of
the request if the Supporting Documentation is sufficient to complete the project. The
Company shall be entitled to an extension of time to complete a project where the
Company’s performance was delayed due to Force Majeure. Upon request of the
Company, the City designee may also grant the Company reasonable extensions of time
for good cause shown and the City shall not unreasonably withhold any such extension.
B. City Revision of Supporting Documentation. Any revision by the City of
Supporting Documentation provided to the Company that causes the Company to
substantially redesign and/or substantially change its plans regarding new or modified
service to City facilities shall be deemed good cause for a reasonable extension of time to
complete the Relocation under this Franchise.
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C. Completion/Restoration. Each such project shall be complete only when the
Company actually provides the service installation or modification required, restores the
project site in accordance with the terms of this Franchise or as otherwise agreed with the
City and removes from the site or properly abandons on site any unused Company
Facilities, equipment, material and other impediments. “Unused” for purposes of this
Franchise shall mean that the Company is no longer using the Company Facilities in
question and has no plans to use the Company Facilities in the foreseeable future.
§8.2 Adjustments to Company Facilities. The Company shall perform adjustments to Company
Facilities that are consistent with Industry Standards, including manhole rings and other
appurtenances in Streets and Other City Property, to accommodate City Street
maintenance, repair and paving operations at no cost to the City. In providing such
adjustments to Company Facilities, the Company agrees to perform as follows:
A. Performance. The Company shall complete each requested adjustment within a
reasonable time, not to exceed thirty (30) days from the date upon which the City makes
a written request and provides to the Company all information reasonably necessary to
perform the adjustment. The Company shall be entitled to an extension of time to
complete an adjustment where the Company’s performance was delayed due to Force
Majeure. Upon request of the Company, the City may also grant the Company
reasonable extensions of time for good cause shown and the City shall not unreasonably
withhold any such extension.
B. Completion/Restoration. Each such adjustment shall be complete only when the
Company actually adjusts and, if required, readjusts, Company Facilities to accommodate
City operations in accordance with City instructions following City maintenance, repair
or paving operations.
C. Coordination. As requested by the City or the Company, representatives of the
City and the Company shall meet regarding anticipated Street maintenance operations
which will require such adjustments to Company Facilities in Streets or Other City
Property. Such meetings shall be for the purpose of coordinating and facilitating
performance under this Section.
§8.3 Third Party Damage Recovery.
A. Damage to Company Interests. If any individual or entity damages any Company
Facilities, to the extent permitted by law the City will notify the Company of any such
incident of which it has knowledge and will provide to the Company within a reasonable
time all pertinent information within its possession regarding the incident and the
damage, including the identity of the responsible individual or entity.
B. Damage to Company Property for which the City is Responsible. If any
individual or entity damages any Company Facilities for which the City is obligated to
reimburse the Company for the cost of the repair or replacement, to the extent permitted
by law, the Company will notify the City of any such incident of which it has knowledge
and will provide to the City within a reasonable time all pertinent information within its
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possession regarding the incident and the damage, including the identity of the
responsible individual or entity.
C. Meeting. The Company and the City agree to meet periodically upon written
request of either party for the purpose of developing, implementing, reviewing,
improving and/or modifying mutually beneficial procedures and methods for the efficient
gathering and transmittal of information useful in recovery efforts against third parties for
damaging Company Facilities.
ARTICLE 9
BILLING AND PAYMENT
§9.1 Billing for Utility Services.
A. Monthly Billing. Unless otherwise provided in the Tariffs, the rules and
regulations of the PUC, or the Public Utility Law, the Company shall render bills
monthly to the offices of the City for Utility Service and other related services for which
the Company is entitled to payment.
B. Address for Billing. Billings for service rendered during the preceding month
shall be sent to the person(s) designated by the City and payment for same shall be made
as prescribed in this Franchise and the applicable Tariffs.
C. Supporting Documents. To the extent requested by the City, the Company shall
provide all billings and any underlying Supporting Documentation reasonably requested
by the City in an editable and manipulatable electronic format that is acceptable to the
Company and the City.
D. Annual Meetings. The Company agrees to meet with the City designee on a
reasonable basis at the City’s request, but no more frequently than once a year, for the
purpose of developing, implementing, reviewing, and/or modifying mutually beneficial
and acceptable billing procedures, methods, and formats which may include, without
limitation, electronic billing and upgrades or beneficial alternatives to the Company’s
current most advanced billing technology, for the efficient and cost effective rendering
and processing of such billings submitted by the Company to the City.
§9.2 Payment to City. In the event the City determines after written notice to the Company that
the Company is liable to the City for payments, costs, expenses or damages of any nature,
and subject to the Company’s right to challenge such determination, the City may deduct
all monies due and owing the City from any other amounts currently due and owing the
Company. Upon receipt of such written notice, the Company may request a meeting
between the Company’s designee and a designee of the City to discuss such
determination. The City agrees to attend such a meeting. As an alternative to such
deduction and subject to the Company’s right to challenge, the City may bill the
Company for such assessment(s), in which case, the Company shall pay each such bill
within thirty (30) days of the date of receipt of such bill unless it challenges the validity
of the charge. If the Company challenges the City determination of liability, the City
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shall make such payments to the Company for Utility Service received by the City
pursuant to the Tariffs until the challenge has been finally resolved.
ARTICLE 10
PURCHASE OR CONDEMNATION
§10.1 Municipal Right to Purchase or Condemn.
A. Right and Privilege of City. The right and privilege of the City to construct, own
and operate a municipal utility, and to purchase pursuant to a mutually acceptable
agreement or condemn any Company Facilities located within the territorial boundaries
of the City, and the Company’s rights in connection therewith, as set forth in applicable
provisions of the City Charter and of the constitution, statutes and case law of the State of
Colorado relating to the acquisition of public utilities, are expressly recognized. The City
shall have the right, within the time frames and in accordance with the procedures set
forth in such provisions, to condemn Company Facilities, land, rights-of-way and
easements now owned or to be owned by the Company located within the territorial
boundaries of the City. In the event of any such condemnation, no value shall be ascribed
or given to the right to use City Streets or Other City Property granted under this
Franchise in the valuation of the property thus condemned.
B. Notice of Intent to Purchase or Condemn. The City shall provide the Company
no less than one (1) year’s prior written notice of its intent to purchase or condemn
Company Facilities. Nothing in this Section shall be deemed or construed to constitute a
consent by the Company to the City’s purchase or condemnation of Company Facilities,
nor a waiver of any Company defenses or challenges related thereto.
ARTICLE 11
MUNICIPALLY PRODUCED UTILITY SERVICE
§11.1 Municipally Produced Utility Service.
A. City Reservation. The City expressly reserves the right to engage in providing
natural gas as a utility service to the full extent permitted by law.
B. Franchise Not To Limit City’s Rights. Nothing in this Franchise prohibits the
City from becoming an aggregator of natural gas utility service or from selling natural
gas as a utility service to customers should it be permissible under law.
ARTICLE 12
ENVIRONMENT AND CONSERVATION
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
§12.1 Environmental Leadership. The City and the Company agree that sustainable development,
environmental excellence and innovation shall form the foundation of the Utility Service
provided by the Company under this Franchise. The Company shall continue to cost-
effectively monitor its operations to mitigate environmental impacts; shall meet or exceed
the requirements of environmental laws, regulations and permits; shall invest in cost-
effective environmentally-sound technologies; shall consider environmental issues in its
planning and decision-making; and shall support environmental research and
development projects and partnerships in our communities through various means,
including but not limited to corporate giving and employee involvement. The Company
shall continue to explore ways to reduce water consumption at its facilities and to use
recycled water where feasible. On or before December 1 of each year, the Company
shall provide the City a written report describing its progress in carbon reduction and
other environmental efforts, and the parties shall meet at a mutually convenient time and
place for a discussion of such. In meeting its obligation under this Section, the Company
is not precluded from providing existing internal and external reports that may be used
for other reporting requirements.
§12.2 Conservation. The City and the Company recognize and agree that Energy Conservation
programs offer opportunities for the efficient use of energy and possible reduction of
energy costs. The City and the Company further recognize that creative and effective
Energy Conservation solutions are crucial to sustainable development. The Company
recognizes and shares the City’s stated objectives to advance the implementation of cost-
effective Energy Efficiency and Energy Conservation programs that direct opportunities
to residential and non-residential customers to manage more efficiently their use of
energy and thereby create the opportunity to reduce their energy bills. The Company
commits to offer programs that attempt to capture market opportunities for cost-effective
Energy Efficiency improvements such as municipal specific programs that provide cash
rebates for efficient heating, energy design programs to assist architects and engineers to
incorporate energy efficiency in new construction projects, and recommissioning
programs to analyze existing systems to optimize performance and conserve energy
according to current and future demand side management (“DSM”) programs. In doing
so, the Company recognizes the importance of (i) implementing cost-effective programs
the benefits of which would otherwise be lost if not pursued in a timely fashion; and (ii)
developing cost-effective programs for the various classes of the Company’s customers,
including low-income customers. The Company shall advise the City and its Residents
of the availability of assistance that the Company makes available for investments in
Energy Conservation through newspaper advertisements, bill inserts and Energy
Efficiency workshops and by maintaining information about these programs on the
Company’s website. Further, the Company will designate a conservation representative
to act as the primary liaison with the City who will provide the City with information on
how the City may take advantage of reducing energy consumption in City facilities and
how the City may participate in Energy Conservation and Energy Efficiency programs
sponsored by the Company as provided in the Tariffs. As such, the Company and the
City commit to work cooperatively and collaboratively to identify, develop, implement
and support programs offering creative and sustainable opportunities to Company
customers and Residents, including low-income customers and Residents. The Company
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agrees to help the City participate in Company programs and when opportunities exist to
partner with others, such as the State of Colorado, the Company will help the City pursue
those opportunities. To assist the City in pursuing such opportunities, the Company shall,
upon request of the City, provide the City usage data in aggregate form that the City can
use in pursuing such opportunities provided the same is not prohibited from disclosure
under applicable Tariffs or PUC rules.
§12.3 Continuing Commitment. It is the express intention of the City and the Company that the
collaborative effort provided for in this Article continue for the entire term of this Franchise. The
City and the Company also recognize, however, that the programs identified in this Article may
be for a limited duration and that the regulations and technologies associated with Energy
Conservation are subject to change. Given this variability, the Company agrees to maintain its
commitment to sustainable development and Energy Conservation for the term of this Franchise
by continuing to provide leadership, support and assistance, in collaboration with the City, to
identify, develop, implement and maintain new and creative programs similar to the programs
identified in this Franchise in order to help the City achieve its environmental goals.
§12.4 PUC Approval. Nothing in this Article shall be deemed to require the Company to invest
in technologies or to incur costs that it has a good faith belief the PUC will not allow the
Company to recover through the ratemaking process.
ARTICLE 13
TRANSFER OF FRANCHISE
§13.1 Consent of City Required. The Company shall not transfer or assign any rights under this
Franchise to an unaffiliated third party, except by merger with such third party, or, except
when the transfer is made in response to legislation or regulatory requirements, unless the
City approves such transfer or assignment in writing. The City may impose reasonable
conditions upon the transfer, but Approval of the transfer or assignment shall not be
unreasonably withheld, conditioned or delayed. Except as referenced above, any transfer
or assignment by the Company of any or all of its rights and obligations under this
Franchise without the City’s required prior written consent shall be deemed null and void
and of no effect.
§13.2 Transfer Fee. In order that the City may share in the value this Franchise adds to the
Company’s operations, any transfer or assignment of rights granted under this Franchise
requiring City approval, as set forth herein, shall be subject to the condition that the
Company shall promptly pay to the City a transfer fee in an amount equal to the
proportion of the City’s then-population provided Utility Service by the Company to the
then-population of the City and County of Denver provided Utility Service by the
Company multiplied by one million dollars ($1,000,000.00). Except as otherwise
required by law, such transfer fee shall not be recovered from a surcharge placed only on
the rates of Residents.
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
ARTICLE 14
CONTINUATION OF UTILITY SERVICE
§14.1 Continuation of Utility Service. In the event this Franchise is not renewed at the expiration
of its term or is terminated for any reason, and the City has not provided for alternative
utility service, the Company shall have no obligation to remove any Company Facilities
from Streets, Public Utility Easements or Other City Property or discontinue providing
Utility Service unless otherwise ordered by the PUC, and shall continue to provide Utility
Service within the City until the City arranges for utility service from another provider.
The City acknowledges and agrees that the Company has the right to use Streets, Other
City Property and Public Utility Easements during any such period. The Company
further agrees that it will not withhold any temporary Utility Services necessary to protect
the public. The City agrees that in the circumstances of this Article, the Company shall
be entitled to monetary compensation as provided in the Tariffs and the Company shall
be entitled to collect from Residents and, upon the City’s compliance with applicable
provisions of law, shall be obligated to pay the City, at the same times and in the same
manner as provided in this Franchise, an aggregate amount equal to the amount which the
Company would have paid as a Franchise fee as consideration for use of the City’s
Streets and Other City Property. Only upon receipt of written notice from the City stating
that the City has adequate alternative utility service for Residents and upon order of the
PUC shall the Company be allowed to discontinue the provision of Utility Service to the
City and its Residents.
ARTICLE 15
INDEMNIFICATION AND IMMUNITY
§15.1 City Held Harmless. The Company shall indemnify, defend and hold the City harmless
from and against claims, demands, liens and all liability or damage of whatsoever kind on
account of or directly arising from the grant of this Franchise, the exercise by the
Company of the related rights, but in both instances only to the extent caused by the
Company, and shall pay the costs of defense plus reasonable attorneys’ fees. The City
shall (a) give prompt written notice to the Company of any claim, demand or lien with
respect to which the City seeks indemnification hereunder; and, (b) unless in the City’s
judgment a conflict of interest may exist between the City and the Company with respect
to such claim, demand or lien, shall permit the Company to assume the defense of such
claim, demand, or lien with counsel reasonably satisfactory to the City. If such defense is
assumed by the Company, the Company shall not be subject to liability for any settlement
made without its consent. If such defense is not assumed by the Company or if the City
determines that a conflict of interest exists, the parties reserve all rights to seek all
remedies available in this Franchise against each other. Notwithstanding any provision
hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold
the City harmless to the extent any claim, demand or lien arises out of or in connection
with any negligent or intentional act or failure to act of the City or any of its officers,
agents or employees or to the extent that the City is acting in its capacity as a customer of
record of the Company.
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
§15.2 Immunity. Nothing in this Section or any other provision of this Franchise shall be
construed as a waiver of the notice requirements, defenses, immunities and limitations of
liability the City may have under the Colorado Governmental Immunity Act (§24-10-101,
C.R.S., et. seq.) or of any other defenses, immunities, or limitations of liability available
to the City by law.
ARTICLE 16
BREACH
§16.1 Change of Tariffs. The City and the Company agree to take all reasonable and necessary
actions to assure that the terms of this Franchise are performed. The Company reserves
the right to seek a change in its Tariffs, including but not limited to the rates, charges,
terms, and conditions of providing Utility Service to the City and its Residents, and the
City retains all rights that it may have to intervene and participate in any such
proceedings.
§16.2 Breach.
A. Notice/Cure/Remedies. Except as otherwise provided in this Franchise, if a party
(the “Breaching Party”) to this Franchise fails or refuses to perform any of the terms or
conditions of this Franchise (a “Breach”), the other party (the “Non-Breaching Party”)
may provide written notice to the Breaching Party of such Breach. Upon receipt of such
notice, the Breaching Party shall be given a reasonable time, not to exceed thirty (30)
days in which to remedy the Breach or, if such Breach cannot be remedied in thirty (30)
days, such additional time as reasonably needed to remedy the Breach, but not exceeding
an additional thirty (30) day period, or such other time as the parties may agree. If the
Breaching Party does not remedy the Breach within the time allowed in the notice, the
Non-Breaching Party may exercise the following remedies for such Breach:
(1) specific performance of the applicable term or condition to the extent
allowed by law; and
(2) recovery of actual damages from the date of such Breach incurred by the
Non-Breaching Party in connection with the Breach, but excluding any special, punitive
or consequential damages.
B. Termination of Franchise by City. In addition to the foregoing remedies, if the
Company fails or refuses to perform any material term or condition of this Franchise (a
“Material Breach”), the City may provide written notice to the Company of such Material
Breach. Upon receipt of such notice, the Company shall be given a reasonable time, not
to exceed sixty (60) days in which to remedy the Material Breach or, if such Material
Breach cannot be remedied in sixty (60) days, such additional time as reasonably needed
to remedy the Material Breach, but not exceeding an additional sixty (60) day period, or
such other time as the parties may agree. If the Company does not remedy the Material
Breach within the time allowed in the notice, the City may, in its sole discretion,
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
terminate this Franchise. This remedy shall be in addition to the City’s right to exercise
any of the remedies provided for elsewhere in this Franchise. Upon such termination, the
Company shall continue to provide Utility Service to the City and its Residents (and shall
continue to have associated rights and grants needed to provide such service) until the
City makes alternative arrangements for such service and until otherwise ordered by the
PUC and the Company shall be entitled to collect from Residents and, upon the City
complying with applicable provisions of law, shall be obligated to pay the City, at the
same times and in the same manner as provided in this Franchise, an aggregate amount
equal to the amount which the Company would have paid as a Franchise Fee as
consideration for use of the City Streets and Other City Property. Unless otherwise
provided by law, the Company shall be entitled to collect such amount from Residents.
C. Company Shall Not Terminate Franchise. In no event does the Company have the
right to terminate this Franchise.
D. No Limitation. Except as provided herein, nothing in this Franchise shall limit or
restrict any legal rights or remedies that either party may possess arising from any alleged
Breach of this Franchise.
ARTICLE 17
AMENDMENTS
§17.1 Proposed Amendments. At any time during the term of this Franchise, the City or the
Company may propose amendments to this Franchise by giving thirty (30) days written
notice to the other of the proposed amendment(s) desired, and both parties thereafter,
through their designated representatives, will, within a reasonable time, negotiate in good
faith in an effort to agree upon mutually satisfactory amendment(s). However, nothing
contained in this Section shall be deemed to require either party to consent to any
amendment proposed by the other party.
§17.2 Effective Amendments. No alterations, amendments or modifications to this Franchise
shall be valid unless executed in writing by the parties, which alterations, amendments or
modifications shall be adopted with the same formality used in adopting this Franchise, to
the extent required by law. Neither this Franchise nor any term herein may be changed,
modified or abandoned, in whole or part, except by an instrument in writing, and no
subsequent oral agreement shall have any validity whatsoever. Any amendment of the
Franchise shall become effective only upon the approval of the PUC, if such PUC
approval is required.
ARTICLE 18
EQUAL OPPORTUNITY
§18.1 Economic Development. The Company is committed to the principle of stimulating,
cultivating and strengthening the participation and representation of persons of color,
women and members of other under-represented groups within the Company and in the
local business community. The Company believes that increased participation and
representation of under-represented groups will lead to mutual and sustainable benefits
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
for the local economy. The Company is committed also to the principle that the success
and economic well-being of the Company is closely tied to the economic strength and
vitality of the diverse communities and people it serves. The Company believes that
contributing to the development of a viable and sustainable economic base among all
Company customers is in the best interests of the Company and its shareholders.
§18.2 Employment.
A. Programs. The Company is committed to undertaking programs that identify,
consider and develop persons of color, women and members of other under-represented
groups for positions at all skill and management levels within the Company.
B. Businesses. The Company recognizes that the City and the business community
in the City, including women and minority owned businesses, provide a valuable resource
in assisting the Company to develop programs to promote persons of color, women and
members of under-represented communities into management positions, and agrees to
keep the City regularly advised of the Company’s progress by providing the City a copy
of the Company’s annual affirmative action report upon the City’s written request.
C. Recruitment. In order to enhance the diversity of the employees of the Company,
the Company is committed to recruiting diverse employees by strategies such as
partnering with colleges, universities and technical schools with diverse student
populations, utilizing diversity-specific media to advertise employment opportunities,
internships, and engaging recruiting firms with diversity-specific expertise.
D. Advancement. The Company is committed to developing a world-class
workforce through the advancement of its employees, including persons of color, women
and members of under-represented groups. In order to enhance opportunities for
advancement, the Company will offer training and development opportunities for its
employees. Such programs may include mentoring programs, training programs,
classroom training and leadership programs.
E. Non-Discrimination. The Company is committed to a workplace free of
discrimination based on race, color, religion, national origin, gender, age, military status,
sexual orientation, marital status, or physical or mental disability or any other protected
status in accordance with all federal, state or local laws. The Company shall not, solely
because of race, creed, color, religion, gender, sexual orientation, marital status, age,
military status, national origin or ancestry, or physical or mental disability, refuse to hire,
discharge, promote, demote or discriminate in matters of compensation, against any
person otherwise qualified.
F. Board of Directors. The Company shall identify and consider women, persons of
color and other under-represented groups to recommend for its Board of Directors,
consistent with the responsibility of boards to represent the interests of the Shareholders,
customers and employees of the Company.
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
§18.3 Contracting.
A. Contracts. It is the Company’s policy to make available to minority and women
owned business enterprises and other small and/or disadvantaged business enterprises the
maximum practical opportunity to compete with other service providers, contractors,
vendors and suppliers in the marketplace. The Company is committed to increasing the
proportion of Company contracts awarded to minority and women owned business
enterprises and other small and/or disadvantaged business enterprises for services,
construction, equipment and supplies to the maximum extent consistent with the efficient
and economical operation of the Company.
B. Community Outreach. The Company agrees to maintain and continuously
develop contracting and community outreach programs calculated to enhance
opportunity and increase the participation of minority and women owned business
enterprises and other small and/or disadvantaged business enterprises to encourage
economic vitality. The Company agrees to keep the City regularly advised of the
Company’s programs.
C. Community Development. The Company shall maintain and support partnerships
with local chambers of commerce and business organizations, including those
representing predominately minority owned, women owned and disadvantaged
businesses, to preserve and strengthen open communication channels and enhance
opportunities for minority owned, women owned and disadvantaged businesses to
contract with the Company.
§18.4 Coordination. City agencies provide collaborative leadership and mutual opportunities or
programs relating to City based initiatives on economic development, employment and
contracting opportunity. The Company agrees to review Company programs and mutual
opportunities responsive to this Article with these agencies, upon their request, and to
collaborate on best practices regarding such programs and coordinate and cooperate with
the agencies in program implementation.
ARTICLE 19
MISCELLANEOUS
§19.1 No Waiver. Neither the City nor the Company shall be excused from complying with any
of the terms and conditions of this Franchise by any failure of the other, or any of its
officers, employees, or agents, upon any one or more occasions, to insist upon or to seek
compliance with any such terms and conditions.
§19.2 Successors and Assigns. The rights, privileges, and obligations, in whole or in part,
granted and contained in this Franchise shall inure to the benefit of and be binding upon
the Company, its successors and assigns, to the extent that such successors or assigns
have succeeded to or been assigned the rights of the Company pursuant to Article 15 of
this Franchise. Upon a transfer or assignment pursuant to Article 15, the Company shall
be relieved from all liability from and after the date of such transfer, except as otherwise
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
provided in the conditions imposed by the City in authorizing the transfer or assignment
and under state and federal law.
§19.3 Third Parties. Nothing contained in this Franchise shall be construed to provide rights to
third parties.
§19.4 Notice. Both parties shall designate from time to time in writing representatives for the
Company and the City who will be the persons to whom notices shall be sent regarding
any action to be taken under this Franchise. Notice shall be in writing and forwarded by
certified mail, reputable overnight courier or hand delivery to the persons and addresses
as hereinafter stated, unless the persons and addresses are changed at the written request
of either party, delivered in person or by certified mail. Notice shall be deemed received
(a) three (3) days after being mailed via the U.S. Postal Service, (b) one (1) business day
after mailed if via reputable overnight courier, or (c) upon hand delivery if delivered by
courier. Until any such change shall hereafter be made, notices shall be sent as follows:
To the City:
City Manager
300 LaPorte Ave.
P.O. Box 580
Fort Collins, Colorado 80522
With a copy to:
City Attorney
300 LaPorte Ave.
P.O. Box 580
Fort Collins, Colorado 80522
To the Company:
Regional Vice President, Customer and Community Relations
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
With a copy to:
Legal Department
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
and
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
Area Manager
Public Service Company of Colorado
1500 6
th
Ave
Greeley, Colorado 80632
Any request involving any audit specifically allowed under this Franchise shall also be
sent to:
Audit Services
Public Service Company of Colorado
P.O. Box 840
Denver, Colorado 80201
§19.5 Examination of Records. The parties agree that any duly authorized representative of the
City shall have access to and the right to examine any books, documents, papers, and
records of the Company reasonably related to the Company’s compliance with the terms
and conditions of this Franchise. Information shall be provided within thirty (30) days of
any written request. Any books, documents, papers, and records of the Company in any
form that are requested by the City, that contain confidential information shall be
conspicuously identified as “confidential” or “proprietary” by the Company. In no case
shall any privileged communication be subject to examination by the City pursuant to the
terms of this Section. “Privileged Communication” means any communication that
would not be discoverable due to the attorney client privilege or any other privilege that
is generally recognized in Colorado, including but not limited to the work product
doctrine. The work product doctrine shall include information developed by the
Company in preparation for PUC proceedings.
(1) The City will maintain the confidentiality of the information by keeping it
under seal and segregated from information and documents that are
available to the public;
(2) The information shall be used solely for the purpose of determining the
Company’s compliance with the terms and conditions of this Franchise;
(3) The information shall only be made available to City employees and
consultants who represent in writing that they agree to be bound by the
provisions of this subsection;
(4) The information shall be held by the City for such time as is reasonably
necessary for the City to address the Franchise issue(s) that generated the
request, and shall be returned to the Company when the City has
concluded its use of the information. The parties agree that in most cases,
the information should be returned within one hundred twenty (120) days.
However, in the event that the information is needed in connection with
any action that requires more time, including, but not necessarily limited
to litigation, administrative proceedings and/or other disputes, the City
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
may maintain the information until such issues are fully and finally
concluded.
§19.6 Confidential or Proprietary Information. If an Open Records Act (§§24-72-201 et seq. C.R.S.)
request is made by any third party for confidential or proprietary information that the Company
has provided to the City pursuant to this Franchise, the City will promptly notify the Company of
the request and shall allow the Company to defend such request at its sole expense, including
filing a legal action in any court of competent jurisdiction to prevent disclosure of such
information. In any such legal action the Company shall join the person requesting the
information and the City. In no circumstance shall the City provide to any third party
confidential information provided by the Company pursuant to this Franchise without first
conferring with the Company. The Company shall defend, indemnify and hold the City harmless
from any claim, judgment, costs or attorney fees incurred in participating in such proceeding.
Unless otherwise agreed between the parties, the following information shall not be provided by
the Company: confidential employment matters, specific information regarding any of the
Company’s customers, information related to the compromise and settlement of disputed claims
including but not limited to PUC dockets, information provided to the Company which is
declared by the provider to be confidential, and which would be considered confidential to the
provider under applicable law.
§19.7 List of Utility Property. The Company shall provide the City, upon request not more than
once every two (2) years, a list of electric and gas utility-related real property owned in
fee by the Company within the County in which the City is located. The list shall include
the legal description of the real property, and where available on the deed, the physical
street address. If the physical address is not available on the deed, if the City requests the
physical address of the real property described in this Section 19.7, to the extent that such
physical street address is readily available to the Company, the Company shall provide
such address to the City. All such records must be kept for a minimum of three (3) years
or such shorter duration if required by Company policy.
§19.8 PUC Filings. Upon written request by the City, the Company shall provide the City non-
confidential copies of all applications, advice letters and periodic reports, together with
any accompanying non-confidential testimony and exhibits, filed by the Company with
the Public Utilities Commission. Notwithstanding the foregoing, notice regarding any
gas filings that may affect Utility Service rates in the City shall be sent to the City upon
filing.
§19.9 Information. Upon written request, the Company shall provide the City Manager or the
City Manager’s designee with:
A. A copy of the Company’s or its parent company’s consolidated annual financial
report, or alternatively, a URL link to a location where the same information is available
on the Company’s website;
B. Maps or schematics indicating the location of specific Company Facilities
(subject to City executing a confidentiality agreement as required by Company policy),
including gas or electric lines, located within the City, to the extent those maps or
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
schematics are in existence at the time of the request and related to an ongoing project
within the City. The Company does not represent or warrant the accuracy of any such
maps or schematics; and
C. A copy of any report required to be prepared for a federal or state agency
detailing the Company’s efforts to comply with federal and state air and water pollution
laws.
§19.10 Payment of Taxes and Fees.
A. Impositions. Except as otherwise provided herein, the Company shall pay and
discharge as they become due, promptly and before delinquency, all taxes, assessments,
rates, charges, license fees, municipal liens, levies, excises, and imposts, whether general
or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever,
including all governmental charges of whatsoever name, nature, or kind, which may be
levied, assessed, charged, or imposed, or which may become a lien or charge against this
Franchise (“Impositions”), provided that the Company shall have the right to contest any
such Impositions and shall not be in breach of this Section so long as it is actively
contesting such Impositions.
B. City Liability. The City shall not be liable for the payment of late charges, interest or
penalties of any nature other than pursuant to applicable Tariffs.
§19.11 Conflict of Interest. The parties agree that no official, officer or employee of the City shall
have any personal or beneficial interest whatsoever in the services or property described
herein and the Company further agrees not to hire or contract for services any official,
officer or employee of the City to the extent prohibited by law, including ordinances and
regulations of the City.
§19.12 Certificate of Public Convenience and Necessity. The City agrees to support the Company’s
application to the PUC to obtain a Certificate of Public Convenience and Necessity to
exercise its rights and obligations under this Franchise.
§19.13 Authority. Each party represents and warrants that except as set forth below, it has taken
all actions that are necessary or that are required by its ordinances, regulations,
procedures, bylaws, or applicable law, to legally authorize the undersigned signatories to
execute this Franchise on behalf of the parties and to bind the parties to its terms. The
persons executing this Franchise on behalf of each of the parties warrant that they have
full authorization to execute this Franchise. The City acknowledges that notwithstanding
the foregoing, the Company requires a Certificate of Public Convenience and Necessity
from the PUC in order to operate under the terms of this Franchise.
§19.14 Severability. Should any one or more provisions of this Franchise be determined to be
unconstitutional, illegal, unenforceable or otherwise void, all other provisions
nevertheless shall remain effective; provided, however, to the extent allowed by law, the
parties shall forthwith enter into good faith negotiations and proceed with due diligence
to draft one or more substitute provisions that will achieve the original intent of the
parties hereunder.
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
§19.15 Force Majeure. Neither the City nor the Company shall be in breach of this Franchise if a
failure to perform any of the duties under this Franchise is due to Force Majeure, as
defined herein.
§19.16 Earlier Franchises Superseded. This Franchise shall constitute the only franchise between
the City and the Company related to the furnishing of Utility Service, and it supersedes
and cancels all former franchises between the parties hereto.
§19.17 Titles Not Controlling. Titles of the paragraphs herein are for reference only, and shall not
be used to construe the language of this Franchise.
§19.18 Applicable Law. Colorado law shall apply to the construction and enforcement of this
Franchise. The parties agree that venue for any litigation arising out of this Franchise
shall be in the District Court for Larimer County, State of Colorado.
§19.19 Payment of Expenses Incurred by City in Relation to Franchise Agreement. The Company
shall pay for expenses reasonably incurred by the City for the adoption of this Franchise,
limited to the publication of notices, publication of ordinances, and photocopying of
documents and other similar expenses.
§19.20 Costs of Compliance with Franchise. The parties acknowledge that PUC rules, regulations
and final decisions may require that costs of complying with certain provisions of this
Franchise be borne by customers of the Company who are located within the City.
§19.21 Conveyance of City Streets or Other City Property. In the event the City vacates, releases,
sells, conveys, transfers or otherwise disposes of a City Street or Other City Property in
which Company Facilities are located, the City shall reserve an easement in favor of the
Company over that portion of the Street or Other City Property in which such Company
Facilities are located. The Company and the City shall work together to prepare the
necessary legal description to effectuate such reservation. For the purposes of Section
6.8.A of this Franchise, the land vacated, released, sold, conveyed, transferred or
otherwise disposed of by the City shall no longer be deemed to be a Street or Other City
Property from which the City may demand the Company temporarily or permanently
Relocate Company Facilities at the Company’s expense.
§19.22 Audit. For any audits specifically allowed under this Franchise, such audits shall be
subject to the applicable Tariff and PUC rules and regulations. Audits in which the
auditor is compensated on the basis of a contingency fee arrangement shall not be
permitted.
(Signature page follows.)
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
IN WITNESS WHEREOF, the parties have caused this Franchise to be executed as of
the ______ day of _______________, 2017.
CITY OF FORT COLLINS
ATTEST:
____________________________________
_______________________________ Mayor, City of Fort Collins
Clerk, City of Fort Collins
APPROVED AS TO FORM:
_______________________________
Deputy City Attorney, City of Fort Collins
PUBLIC SERVICE COMPANY OF
COLORADO, a Colorado corporation
By:_________________________________
Jerome Davis, Regional Vice President,
Customer and Community Relations
STATE OF COLORADO )
)SS.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this _ day of ___________,
2017 by Jerome Davis, Regional Vice President, Customer and Community Relations of Public
Service Company of Colorado, a Colorado corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public
My Commission expires: ______________
(SEAL)
32
1
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Attachment: Exhibit A (6334 : Natural Gas Franchise ORD)
Text of Ad: 12/11/2017 2
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Attachment: Exhibit B (6334 : Natural Gas Franchise ORD)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 002, 2018, Appropriating Unanticipated Grant Revenue from the Colorado
Department of Transportation FASTER Transit Program Grant in the Transit Services Fund and Appropriating
Prior Year Reserves in the Transit Services Fund as a Grant Match for the Purchase of Two New Buses for
Transfort's Regional FLEX Route to Longmont and Boulder.
EXECUTIVE SUMMARY
The purpose of this item is to request a 2018 appropriation in the amount of $1,200,000. Transfort was
awarded $960,000 through a CDOT grant for the purchase of two new buses for Transfort’s Regional FLEX
route to Longmont and Boulder. This grant requires a local match of $240,000.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Transfort’s commuter FLEX routes contribute greatly to the transportation community in Northern Colorado,
serving the citizens of Fort Collins, Loveland, Longmont, Boulder and smaller population centers in between.
FLEX service provides five trips each weekday between Fort Collins and Boulder, two in the morning and three
in the afternoon/evening. Year-to-date, FLEX has served 151,550 passengers. Ridership of FLEX regional
routes has continued to increase year over year since its initial launch in 2009, adding routes to Boulder in
2015. These numbers demonstrate the demand for transit service between these communities in Northern
Colorado.
Some of the buses in Transfort’s fleet are at the end of useful life, resulting in excess costs for repair and
maintenance. In the fall of 2016, Transfort submitted an application to the competitive statewide pool of
CDOT’s FASTER Transit program. The application was approved in the spring of 2017 and resulted in an
award of $960,000 for the purchase of two new buses. The buses will be branded and used exclusively for
FLEX service, but otherwise will be similar to other vehicles in the Transfort fleet.
These buses will replace others in the fleet that have met or exceeded their expected useful life. The replaced
buses will be sold at auction or scrapped for parts, depending on the condition and estimated value.
Additionally, Transfort will be able to improve air quality by replacing two diesel fuel buses with compressed
natural gas buses. As a result, Transfort will see significant savings in maintenance and fuel costs moving
forward. The procurement of these two new buses will improve the experience for commuters riding FLEX and
presents an opportunity for Transfort to improve service to citizens and communities that we serve.
A separate resolution to authorize the City to execute the Grant Agreement will be brought forward with second
reading of this Ordinance.
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Agenda Item 12
Item # 12 Page 2
CITY FINANCIAL IMPACTS
In 2017, the Colorado Department of Transportation (CDOT) awarded the City of Fort Collins a $960,000 grant
from the Statewide Competitive Pool of the FASTER Transit program. The FASTER program requires a 20%
local match contribution to the project, which amounts to $240,000. Because the award was unanticipated and
not received until 2017, the local match of $240,000 was not included in the last BFO cycle. If approved, the
20% local match will be drawn from Transfort’s reserve funds. These funds will be used to purchase two (2)
new buses and will assist in lowering maintenance and repair costs for two of Transfort’s existing buses that
are currently past end-of-life, while strengthening Transfort’s partnerships with the surrounding communities.
ATTACHMENTS
1. FLEX Route Map (PDF)
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FLEX Boulder Express service
limitations in Boulder County:
- Passenger drop-offs on Southbound trips
- Passenger pick-ups on Northbound trips
TRANSIT CONTACT INFO
TRANSFORT – FORT COLLINS
970.221.6620 ridetransfort.com
COLT – LOVELAND
970.962.2429 cityofloveland.org/colt
RTD – DENVER/LONGMONT/BOULDER
800.366.7433 rtd-denver.com
N
US 287
US 287
1ST
2ND
3RD
MAIN
SKYWAY
TRILBY
CARPENTER
FORT COLLINS
LOVELAND
BERTHOUD
LOVELAND
9TH
RTD ROUTES
COLT ROUTES
8TH
71ST
65TH
1ST
14TH
COFFMAN
23RD
21ST
8TH
57TH
50TH
42ND
LOVELAND FOOD BANK
EISENHOWER
MOUNTAIN
CAMERON FOSSIL CREEK
BERTHOUD
LONGMONT
US 287
SOUTH TRANSIT CENTER
NB
SB
FORT COLLINS
LOVELAND
SOUTH TRANSIT CENTER
TRANSFORT ROUTES
DOWNTOWN TRANSIT CENTER
(Services all
MAX stops)
8TH
MAIN
9TH
N
US 287
US 287
1ST
2ND
3RD
MAIN
SKYWAY
TRILBY
CARPENTER
FORT COLLINS
LOVELAND
BERTHOUD
LOVELAND
9TH
RTD ROUTES
COLT ROUTES
8TH
71ST
65TH
1ST
14TH
COFFMAN
23RD
21ST
8TH
57TH
50TH
42ND
LOVELAND FOOD BANK
EISENHOWER
MOUNTAIN
CAMERON FOSSIL CREEK
BERTHOUD
LONGMONT
US 287
SOUTH TRANSIT CENTER
NB
SB
FORT COLLINS
LOVELAND
SOUTH TRANSIT CENTER
TRANSFORT ROUTES
DOWNTOWN TRANSIT CENTER
(Services all
MAX stops)
8TH
MAIN
9TH
RTD ROUTES
8TH
COFFMAN
21ST
LONGMONT/BOULDER COUNTY
HOVER
KEN PRATT
LOVELAND/LARIMER COUNTY
FLEX Loveland/Longmont Trips FLEX Boulder Express Trips
TRANSFORT ROUTES
SB NB
-1-
ORDINANCE NO. 002, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO
DEPARTMENT OF TRANSPORTATION FASTER TRANSIT PROGRAM GRANT IN THE
TRANSIT SERVICES FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE
TRANSIT SERVICES FUND AS A GRANT MATCH FOR THE PURCHASE OF TWO NEW
BUSES FOR TRANSFORT’S REGIONAL FLEX ROUTE TO LONGMONT AND BOULDER
WHEREAS, FLEX is a regional bus route serving stops between Fort Collins, Loveland,
Berthoud and Longmont, made possible through a regional partnership and operated by
Transfort; and
WHEREAS, ridership of FLEX regional routes has continued to increase year over year
since its initial launch in 2009, adding routes to Boulder in 2015; and
WHEREAS, Transfort competed in, and was awarded, a FASTER grant from the
Colorado Department of Transportation (“CDOT”) in the amount of $960,000 for the purchase
of two new buses, which will be branded and used exclusively for FLEX service, but otherwise
will be similar to other vehicles in the Transfort fleet (the “Grant”); and
WHEREAS, a condition of the Grant is the City must provide a local match of $240,000
for purchase of the buses, which amount will come from Transit Services Fund reserves; and
WHEREAS, this Ordinance appropriates $1,200,000, which amount includes the Grant
and local matching funds for the purchase of the buses; and
WHEREAS, the purchased buses will replace others in the fleet that have met or
exceeded their expected useful life; and
WHEREAS, purchasing the buses will allow Transfort to improve air quality by
replacing two diesel fuel buses with compressed natural gas buses and, as a result, Transfort will
see significant savings in maintenance and fuel costs moving forward; 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 Transit Services Fund to exceed the
current estimate of actual and anticipated revenues to be received in that fund during any fiscal
year; and
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WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Transit Services Fund; and
WHEREAS, City Council has determined that appropriating $1,200,000 for the purchase
of two new Transfort buses is in the City’s best interest and enhances public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure of unanticipated revenue
in the Transit Services Fund the sum of NINE HUNDRED SIXTY THOUSAND DOLLARS
($960,000) for additional bus services.
Section 3. That there is hereby appropriated for expenditure from reserves in the
Transit Services Fund the sum of TWO HUNDRED FORTY THOUSAND DOLLARS
($240,000) for additional bus services.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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-3-
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Kaley Zeisel, Transfort Capital Planning/Grant Compliance Mgr
Chris Van Hall, Legal
SUBJECT
Resolution 2018-001 Authorizing the Execution of an Intergovernmental Agreement Between the City and the
Colorado Department of Transportation for Transfort FLEX Service.
EXECUTIVE SUMMARY
The purpose of this item is to authorize Transfort to enter into an Intergovernmental Agreement with the
Colorado Department of Transportation (CDOT). This agreement will result in the receipt of $200,000 in grant
funds through the statewide competitive pool of the FASTER Transit program for fiscal year 2018. Transfort
will be required to match the $200,000 in grant funds with a $200,000 local match, which was appropriated
through the previous BFO cycle and is accounted for in the approved 2018 Transfort budget.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
Transfort’s commuter FLEX routes contribute greatly to the transportation community in Northern Colorado,
serving the citizens of Fort Collins, Loveland, Longmont, Boulder and smaller population centers in between.
FLEX service provides five trips each weekday between Fort Collins and Boulder, two in the morning and three
in the afternoon/evening. Year-to-date, FLEX has served 151,550 passengers. Ridership on FLEX regional
routes has continued to increase year over year since its initial launch in 2009, adding routes to Boulder in
2016. These numbers demonstrate the demand for transit service between these communities in Northern
Colorado.
CDOT has awarded the City of Fort Collins a $200,000 grant from the statewide competitive pool of the
FASTER Transit program for FY 2018. The grant funds and the local match will be dedicated to the operating
expenses for FLEX Regional routes. FLEX operating expenses include fuel, payroll costs, administrative and
overhead outlays. This grant requires a 50% local match of $200,000. The total $400,000 will contribute to
the overall operating cost of approximately $1.6 million for FLEX. The local match of $200,000 was budgeted
for in the 2018 Transfort budget. If adopted, the Resolution will assist maintaining the exceptional service that
the FLEX route provides to citizens and surrounding communities.
Pursuant to City Code Section 1-22, Council must approve intergovernmental agreements that require the City
to make a direct, monetary payment of more than $50,000 and the proposed intergovernmental agreement
requires the City to provide matching funds in the amount of $200,000.
CITY FINANCIAL IMPACTS
$200,000 of Transfort general funds were previously appropriated for FLEX operations through the BFO
process for the local contribution to the grant.
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Agenda Item 13
Item # 13 Page 2
ATTACHMENTS
1. FLEX Route Map (PDF)
2. Citizen Email Regarding FLEX Route (PDF)
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FLEX Boulder Express service
limitations in Boulder County:
- Passenger drop-offs on Southbound trips
- Passenger pick-ups on Northbound trips
TRANSIT CONTACT INFO
TRANSFORT – FORT COLLINS
970.221.6620 ridetransfort.com
COLT – LOVELAND
970.962.2429 cityofloveland.org/colt
RTD – DENVER/LONGMONT/BOULDER
800.366.7433 rtd-denver.com
N
US 287
US 287
1ST
2ND
3RD
MAIN
SKYWAY
TRILBY
CARPENTER
FORT COLLINS
LOVELAND
BERTHOUD
LOVELAND
9TH
RTD ROUTES
COLT ROUTES
8TH
71ST
65TH
1ST
14TH
COFFMAN
23RD
21ST
8TH
57TH
50TH
42ND
LOVELAND FOOD BANK
EISENHOWER
MOUNTAIN
CAMERON FOSSIL CREEK
BERTHOUD
LONGMONT
US 287
SOUTH TRANSIT CENTER
NB
SB
FORT COLLINS
LOVELAND
SOUTH TRANSIT CENTER
TRANSFORT ROUTES
DOWNTOWN TRANSIT CENTER
(Services all
MAX stops)
8TH
MAIN
9TH
N
US 287
US 287
1ST
2ND
3RD
MAIN
SKYWAY
TRILBY
CARPENTER
FORT COLLINS
LOVELAND
BERTHOUD
LOVELAND
9TH
RTD ROUTES
COLT ROUTES
8TH
71ST
65TH
1ST
14TH
COFFMAN
23RD
21ST
8TH
57TH
50TH
42ND
LOVELAND FOOD BANK
EISENHOWER
MOUNTAIN
CAMERON FOSSIL CREEK
BERTHOUD
LONGMONT
US 287
SOUTH TRANSIT CENTER
NB
SB
FORT COLLINS
LOVELAND
SOUTH TRANSIT CENTER
TRANSFORT ROUTES
DOWNTOWN TRANSIT CENTER
(Services all
MAX stops)
8TH
MAIN
9TH
RTD ROUTES
8TH
COFFMAN
21ST
LONGMONT/BOULDER COUNTY
HOVER
KEN PRATT
LOVELAND/LARIMER COUNTY
FLEX Loveland/Longmont Trips FLEX Boulder Express Trips
TRANSFORT ROUTES
SB NB
1
Annabelle Phillips
From: Kaley Zeisel
Sent: Wednesday, November 29, 2017 12:38 PM
To: Kaley Zeisel
Subject: Great job Transfort, thanks so much!
From: Gareth B. Middleton [mailto:GBMiddleton@hollandhart.com]
Sent: Tuesday, November 21, 2017 7:49 AM
To: TransfortInfo
Subject: Great job Transfort, thanks so much!
Dear Transfort:
I wanted to reach out and express my appreciation for your FLEX-to-Boulder route. I was recently confronted with a
career change, and ended up with a new position down in Boulder. My family has strong ties to Fort Collins, and we
really don’t want to leave the city we have grown to love so much.
The direct FLEX route has enabled me, and the many other friends I’ve made on the commute, to follow career
transitions without needing to uproot and leave Fort Collins. I want to thank the staff who support the route and the
drivers who operate it for providing us with this invaluable lifeline.
Keep up the good work!
Gareth Middleton
Gareth Middleton
Principal Data Scientist
1800 Broadway, Suite 300, Boulder, CO 80302
T 303.245.2082 F 303.974.1120 M 720.560.1959
CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to the
sender that you received the message in error; then please delete this e-mail.
ATTACHMENT 2
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Attachment: Citizen Email Regarding FLEX Route (6300 : FLEX Operations)
-1-
RESOLUTION 2018-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPARTMENT
OF TRANSPORTATION FOR TRANSFORT FLEX SERVICE
WHEREAS, Transfort’s commuter FLEX routes contribute greatly to the transportation
community in Northern Colorado by serving citizens of Fort Collins, Loveland, Longmont,
Boulder and smaller population centers in between; and
WHEREAS, the Colorado Department of Transportation (“CDOT”) has awarded the City
a $200,000 grant from the Statewide Competitive Pool of the FASTER Transit Program for
fiscal year 2018 (the “Grant”); and
WHEREAS, the Grant requires a 50% local match of $200,000 from the City; and
WHEREAS, the total $400,000, including the Grant and the City’s matching funds, will
contribute to the overall $1.6 million operating costs for FLEX service; and
WHEREAS, the local match of $200,000 was budgeted for the 2018 Transfort budget;
and
WHEREAS, CDOT has proposed an Intergovernmental Agreement between CDOT and
the City to enter into that outlines the terms and conditions of the Grant (the “IGA”); and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, City Code Section 1-22 requires the City Council to approve
intergovernmental agreements that require the City to make a direct monetary payment over
$50,000 and the proposed IGA requires the City to provide matching funds in the amount of
$200,000; and
WHEREAS, the City Council has determined that the Grant is in the best interests of the
City and that the Mayor be authorized to execute the IGA between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
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Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Mayor is hereby authorized to enter into the IGA, in substantially
the form attached hereto as Exhibit “A”, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City or to effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
2nd day of January, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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EXHIBIT A
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Agenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Timothy Kemp, Civil Engineer III
Ingrid Decker, Legal
SUBJECT
Resolution 2018-002 Authorizing an Intergovernmental Agreement with Colorado State University Regarding
the Elizabeth Street and Shields Street Bicycle and Pedestrian Underpass.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the City Manager to sign on behalf of the City a Memorandum of
Understanding (MOU) with the Board of Governors of the Colorado State University System to define the rights
and responsibilities of the parties concerning the ownership and maintenance of the newly completed
Elizabeth and Shields Bicycle and Pedestrian Underpass and adjoining right-of-way areas.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In the Intergovernmental Agreement (IGA) related to the on-campus stadium dated April 13, 2015, as
amended by a First Addendum dated June 22, 2017; the University agreed to construct or fund certain
improvements at the Elizabeth Street and Shields Street intersection including an underpass below Shields
Street.
Project Goals:
• Improve Safety-Separation of travel modes to make it easier for bicyclists and pedestrians to cross Shields
Street, and reduce the number of conflict points / crashes at the Elizabeth Street and Shields Street
intersection
• Improve Traffic Flow-The underpass will allow “free flow” bicycle and pedestrian traffic to and from
campus, and provide additional intersection capacity during campus events at the new on-campus stadium
• Plan for the Long-Term Vision-Create a gateway feature at the western entrance to the University’s main
campus from the redeveloping West Elizabeth corridor, construct urban design features and site
appropriate landscaping improvements, and provide a safer alternative for multi-modal travel
The University funded and managed the construction of the $11 M Underpass. The project also contained
surface and lane improvements at the Elizabeth Street and Shields Street intersection. The project was
completed in August 2017.
The general purpose of this MOU agreement is to allocate the responsibility of the parties for the operation and
maintenance of the Underpass and adjoining right-of-way areas, which are shown in Attachment 1.
The City owns the Elizabeth Street and Shields Street rights-of-way. The University owns the property east of
the Shields Street right-of-way. The Underpass is approximately 14 feet wide by 9 feet tall by 102 feet long
14
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Agenda Item 14
Item # 14 Page 2
through the City’s right-of-way under Shields Street. The project also contains ramps, retaining walls, stairs,
landscaping, and storm sewer infrastructure. These components are in the City’s right-of-way, west of Shields
Street, and on University property east of Shields Street.
Similar to ownership and maintenance responsibilities prior to the underpass project, the City will continue to
manage the following assets within the Elizabeth Street and Shields Street rights-of-way:
• Snow removal from curb to curb
• Snow removal from the attached sidewalks on Elizabeth and Shields adjacent to the Campus West Shops
parcel
• Maintenance of concrete, asphalt, signing, striping, and traffic signal system
New City ownership and maintenance responsibilities, commencing on August 14, 2017:
• Snow removal for the west side underpass ramp and stairs
• The bicycle and pedestrian (HAWK) signal system at the Elizabeth mid-block crossing
New City ownership and maintenance responsibilities, commencing on August 14, 2018:
• The underpass structure under Shields Street and all structural elements associated with the west side
retaining walls, ramps, and stairs
• All landscaping and irrigation within the City’s right-of-way
• Electrical lighting circuit and fixtures for the underpass structure
CITY FINANCIAL IMPACTS
City departments assigned to ownership and maintenance from the items listed above:
• Snow removal, landscaping, and irrigation (Parks Maintenance)
• Bicycle and pedestrian signal system (Traffic Operations)
• The underpass structure (Bridge Program - Engineering Department)
• Sidewalks, ramps, and stairs (Streets Department)
• Electrical system (Utilities - Light and Power)
City financial impacts related to maintenance are anticipated to be minimal. No new budget requests for
maintenance are planned in the foreseeable future.
BOARD / COMMISSION RECOMMENDATION
This project was presented to the Transportation Board and Bicycle Advisory Committee, during the design
phase, in August 2016. The project was presented to the Bicycle Advisory Committee in November 2017 as a
post-construction, informational update.
PUBLIC OUTREACH
City staff and University staff worked collaboratively on a detailed Communication and Public Outreach Plan.
Implementation of the Plan began during the design phase and was ongoing through the completion of the
project.
ATTACHMENTS
1. Location Map (PDF)
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S Shields St
W Mulberry St
W Laurel St
W Prospect Rd
W Elizabeth St
COSLTOARTAEDO
UNIVERSITY
COSLTOARTAEDO
UNIVERSITY
Elizabeth City and Shields of Fort Project Collins Location Map
Printed: March 24, 2017
Legend
Project Location
/ 0 500 1,000 2,000 Feet
ATTACHMENT 1
14.1
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-1-
RESOLUTION 2018-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO STATE UNIVERSITY REGARDING THE ELIZABETH STREET
AND SHIELDS STREET BICYCLE AND PEDESTRIAN UNDERPASS
WHEREAS, the City and Colorado State University (CSU) are parties to an
Intergovernmental Agreement dated April 13, 2015, as amended by a First Addendum dated
June 22, 2017, regarding the impacts of the new on-campus stadium on the CSU campus and
surrounding areas of the City (the “2015 IGA”); and
WHEREAS, as part of the 2015 IGA, CSU agreed to construct or fund the construction
of certain improvements at the Elizabeth Street and Shields Street intersection, including
construction of an underpass under Shields Street; and
WHEREAS, certain components of the underpass are within the City’s right-of-way, and
other components are on CSU property outside the right-of-way; and
WHEREAS, the City and CSU have negotiated an agreement regarding ownership and
maintenance responsibility for the underpass, as described in the proposed Memorandum of
Understanding (Elizabeth and Shields Underpass) attached as Exhibit “A” and incorporated
herein by reference (the “MOU”); and
WHEREAS, under the MOU, the City would continue to own and maintain infrastructure
within the rights-of-way of Elizabeth Street and Shields Street, and would assume ownership and
maintenance responsibility for the underpass structure, electric lighting system, and new
landscaping and storm drainage improvements located in the right-of-way, and CSU would own
and maintain all structures outside of the right-of-way on University property, including
sidewalks, new landscaping, retaining walls, ramps, stairs, and lighting and irrigation systems;
and
WHEREAS, the City would own and maintain the underpass structure in the right-of-way
as part of its bridge program, and would own, operate and maintain the electric lighting system in
the right-of-way as part of its streetlighting program; and
WHEREAS, Article II, Section 16 of the City Charter of Fort Collins empowers the City
Council, by ordinance or resolution, to enter into contracts with governmental bodies to furnish
governmental services and make charges for such services, or enter into cooperative or joint
activities with other governmental bodies; and
WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and
other cooperative arrangements between the City and other governmental entities are to be
submitted to the City Council for review, unless they fit within one of the exceptions that permit
execution by the City Manager; and
Packet Pg. 240
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WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the Council finds it is in the best interests of the City and in furtherance of
the objectives of the 2015 IGA to enter into the MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Manager is hereby authorized to execute the Memorandum
of Understanding (Elizabeth and Shields Underpass) in substantially the form attached hereto as
Exhibit “A,” with such modifications and additions as the City Manager, in consultation with the
City Attorney, determines to be necessary and appropriate to protect the interests of the City or
effectuate the purposes set forth herein and not otherwise inconsistent with this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
2nd day of January, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 241
MEMORANDUM OF UNDERSTANDING
(ELIZABETH AND SHIELDS UNDERPASS)
This Memorandum of Understanding (the “Agreement”) is made and entered into this ____
day of ___________, 201, by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, (the “City”) and the BOARD OF GOVERNORS of the COLORADO
STATE UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY
(the “University”).
RECITALS
$ In the Intergovernmental Agreement Related To An On-Campus Stadium dated April 13,
2015, as amended by a First Addendum dated -XQH, 2017 (the “Stadium IGA”) the
University agreed to construct or fund certain improvements at the Shields Street and
Elizabeth Street intersection including an underpass below Shields Street (the
“Underpass”);
% In connection therewith, the University granted to the City a Deed of Dedication for
Right-of Way which was recorded at the Larimer County Clerk and Recorder on
December 5, 2017 at No. 20170081889 (“Right-of-Way”); and
& This Agreement is intended to clarify the rights and responsibility of the parties
concerning the ownership and maintenance of the Underpass and adjoining Right-of-Way
areas.
NOW THEREFORE, in consideration of the mutual promises contained herein, and other good
and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. General Purpose. The general purpose of this Agreement is to allocate the responsibility
of the parties for the operation and maintenance of the Underpass and adjoining right-of-
way areas, which are shown on Exhibit A to this Agreement and incorporated herein by
this reference. The Underpass is approximately 14’ wide by 9’ tall by 102’ long, through
the City’s right-of-way on Shields Street. The project also contains ramps, retaining
walls, stairs, landscaping, irrigation, and storm sewer infrastructure. These components
are on University property to the east of Shields Street and within the City’s right-of-way
to the west of Shields Street.
2. Ownership and Maintenance of Improvements. The City and University agree to each
be responsible for the maintenance of the Underpass and related areas as set forth below:
(a) City Responsibilities. As of August 14, 2017, the date that the Underpass opened to the
public, the City has assumed ownership and maintenance responsibilities for:
(i) Snow removal for the Elizabeth Street and Shields Street roadways (curb to
'5$)7'HFHPEHU EXHIBIT A
1
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Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
curb), snow removal from the attached sidewalks on Elizabeth and Shields adjacent to the
Campus West Shops parcel, snow removal of the underpass ramp and stairs at the southwest
corner of the Elizabeth and Shields intersection, and snow removal within the underpass
structure (under Shields Street);
(ii) Signing and striping with the City’s right-of-way;
(iii) The traffic signal system and all appurtenances at the Elizabeth and Shields
intersection, the bicycle and pedestrian (HAWK) signal system at the Elizabeth mid-block
crossing;
(iv) Closing the Underpass when large storm events make the Underpass unsafe for users;
(v) The Art in Public Places components and all appurtenances along the Elizabeth corridor and
on the retaining walls leading to and from the underpass area; and
(b) Additional City Responsibilities. Commencing on August 14, 2018, the City will take on
ownership and maintenance responsibilities for:
(i) The Underpass “Structure” under Shields Street which will be defined as: a secant wall
system used to keep groundwater out of the underpass area, pre-cast concrete boxes inside the
secant wall system, and both headwalls;
(ii) All structural elements within the newly acquired City’s right-of-way, south of Elizabeth and
west of Shields, including retaining walls, ramps, stairs, and railings;
(iii) The complete storm sewer system within the City’s right-of-way and utility easements,
including the underpass trench drains and 12” diameter storm pipe beneath the underpass
structure to the well vault owned by the University;
(iv) All landscape and irrigation items within the City’s right-of-way including: trees, tree
grates, shrubs, plants, mulch, cobble, and the complete irrigation system downstream of the tap
from CSU property;
(v) Coordination with the University for programming the irrigation controller (the irrigation
controller is located on University property, southeast of the Underpass structure, and serves the
City’s right-of-way landscape areas); and
(vi) Electrical lighting circuit, fixtures, and all appurtenances for the Underpass structure (the
meter is located on the University property, southeast of the Underpass structure).
(c) University Responsibilities. Commencing on August 14, 2017, the University will take on
the ownership and maintenance responsibilities for:
1
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Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
(i) Snow removal from the attached sidewalks on University property, and snow removal of the
underpass ramp and stairs on University property (east of Shields);
(ii) Maintenance of the sidewalks on University property as shown on Exhibit A;
(iii) The well vault, pumps, outlet pipe, and all appurtenances associated with this manhole;
(iv) All landscape and irrigation items on University property including: trees, shrubs, plants,
mulch, cobble, and the complete irrigation system and mainline water source from University
property;
(v) The University will supply the irrigation water to the University owned landscape areas, as
well as, supply the irrigation water to the City right-of-way landscape areas (the irrigation water
is at zero cost to the City);
(vi) All structural elements on University property, south of the Moby parking lot and east of
Shields, including retaining walls, ramps, stairs, and railings;
(vii) Electrical lighting circuit, fixtures, and all appurtenances on University property.
(viii) Signing and striping on University property; and
(ix) Items listed in 2(b) above until August 14, 2018; when the City will assume ownership and
maintenance of such items.
3. Acceptance of the Structure by the City. Prior to accepting the Structure, the City requires
the following:
(a) An electronic copy of the construction documentation package
(b) A site walk with the University and the Contractor to identify punch list items; and
(c) A follow-up site walk with the University and Contractor to ensure all punch list
items have been satisfactorily addressed.
4. Notice. Whenever a notice is either required or permitted to be given, it shall be given in
writing and delivered personally, or delivered by the U.S. Postal Service, certified mail, return
receipt requested, to the other party at the address indicated below or at such other address as
may be designated by either party:
If to the City: City of Fort Collins
City Manager
P.O. Box 580
Fort Collins, CO 80522
1
Packet Pg. 244
Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
With a copy to: City Attorneys’ Office
P.O. Box 580
Fort Collins, CO 80522
If to the University: Vice President for University Operations
309 Administration Building
Colorado State University
Fort Collins, CO 80523
With copies to: Office of the General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523-0006
Facilities Management
Colorado State University
6030 Campus Delivery
Fort Collins, CO 80522
5. Liability.
(a) The University shall be responsible for any and all claims, damages, liability and
court awards incurred as a result of any action or omission of the University or its
officers, employees, and agents in connection with the performance of this Agreement.
(b) The City shall be responsible for any and all claims, damages, liability and court
awards incurred as a result of any act or omission by the City, or its officers, employees,
and agents in connection with the performance of this Agreement.
(c) Nothing in this Agreement shall be construed as a waiver of the notice
requirements, defenses, immunities, and limitations the City or University may have
under the Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et seq.) or to any
other defenses, immunities, or limitations of liability available to the City or the
University by law.
6. Default/Remedies.
(a) Except as otherwise provided herein, in the event any party should fail or refuse to
perform according to the terms of this Agreement, such party may be declared in default
thereof.
(b) In the event a party has been declared in default hereof, such defaulting party shall be
allowed a period of thirty (30) days, from receipt of notice of the default from the nondefaulting
party, within which to cure the default. In the event the default remains
uncorrected, the non-defaulting party may require specific performance or avail itself of any
other remedy at law or equity.
1
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Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
7. TABOR. All financial obligations of the City or the University arising under this Agreement
that are payable after the current fiscal year are contingent upon funds for that purpose being
annually appropriated, budgeted, or otherwise made available by the governing bodies of the
City or the University.
8. Assignment. Neither party may assign any rights or delegate any duties under this
Agreement without the written consent of the other party.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties, their
officers, employees, agents, and assigns and shall inure to the benefit of their respective
survivors, heirs, successors and assigns. Covenants or representations not contained in this
Agreement shall not be binding on the parties.
10. Jurisdiction/Severability. This Agreement shall be governed in all respects by the laws of
the State of Colorado. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
11. No Beneficial Interest. The signatories aver that to their knowledge, no state employee has
any personal or beneficial interest whatsoever in the service or property described herein.
12. No Corrupt Influences. The signatories aver that they are familiar with Section 18-8-301, et
seq. (Bribery and Corrupt Influences) and Section 18-8-401 et seq. (Abuse of Public Office) of
the Colorado Revised Statutes, as amended, and that no violation of such provisions is present.
1
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Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding on
the day and year first above written.
The City of Fort Collins,
A Colorado Municipal Corporation
By: ________________________________
Darin A. Atteberry, City Manager
Date: ________________________ ___
ATTEST
____________________________________
City Clerk
(Print Name)____ ___________________
APPROVED AS TO FORM:
____________________________________
Assistant City Attorney
(Print Name)____ ___________________
The Board of Governors of the Colorado
State University System, acting by and
through Colorado State University
By: _______________________________
Lynn Johnson, Vice President for University Operations
Date: ____________________________
APPROVED AS TO FORM:
Office of the General Counsel
Colorado State University System
By: _______________________________
Jean M. Christman
Senior Associate Legal Counsel
Date: ____________________________
1
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Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
EXHIBIT A
OWNERSHIP AND MAINTENANCE MAP
1
Packet Pg. 248
Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
FO FO FO FO FO
FO
FO
CTV CTV CTV CTV
CTV
C
S. SHIELDS STREET
W. ELIZABETH STREET
4' ROW TO BOC
(APPROX.)
30' 0 30' 60' 90'
EXHIBIT A
OWNERSHIP &
MAINTENANCE
EXHIBIT
LEGEND:
CITY OF FORT COLLINS
OWNERSHIP & MAINTENANCE
COLORADO STATE UNIVERSITY
OWNERSHIP & MAINTENANCE
COLORADO STATE UNIVERSITY
STORM DRAINAGE PUMP STATION
RIGHTS-OF-WAY
EASEMENTS
CITY OF FORT COLLINS
12" STORM
1
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Attachment: Exhibit A (6315 : Elizabeth and Shields Underpass RESO)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Christine Macrina, Boards and Commissions Coordinator
Carrie M. Daggett, Legal
SUBJECT
Resolution 2018-003 Making Appointments to Various Boards, Commissions, and Authorities of the City of
Fort Collins.
EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards,
commissions, and authorities’ due to resignations of board members and vacancies to be created upon the
expiration of terms of current members. Applications were solicited during September, October, and
November. Council teams interviewed applicants during November and December. This Resolution appoints
individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be
advertised as needed.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
This Resolution makes 15 appointments to 6 boards and commissions to fill vacancies from resignations and
expired terms. These terms will begin immediately on January 2, 2018. Names of those individuals recommended
to fill vacancies and expired terms have been inserted in the Resolution with the expiration date following the
names.
15
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-1-
RESOLUTION 2018-003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS,
AND AUTHORITIES OF THE CITY OF FORT COLLINS
WHEREAS, vacancies currently exist on various boards, commissions, and authorities of
the City due to resignations by board members and vacancies will be created due to the
expiration of the terms of certain current 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 City Council hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
Section 2. 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:
Art in Public Places Expiration of Term
Carol Ann Hixon December 31, 2021
Michael Short December 31, 2021
Kirsten Savage December 31, 2021
Building Review Board Expiration of Term
Katharine Penning December 31, 2021
Justin Robinson December 31, 2021
Golf Board Expiration of Term
Jon Schmunk December 31, 2019
Housing Catalyst Expiration of Term
David Bye December 31, 2022
Packet Pg. 251
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Human Relations Commission Expiration of Term
Julia Mackewich December 31, 2018
Jessica Gengler December 31, 2019
Cynthia Davis December 31, 2020
Vic Smith December 31, 2021
Jean Runyon December 31, 2021
Hillel Katzir December 31, 2021
Planning and Zoning Board Expiration of Term
Jeff Hansen December 31, 2021
Michael Hobbs December 31, 2021
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
2nd day of January, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 252
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 007, 2018, Amending Section 2-606 of the Code of the City of Fort Collins and
Setting the Compensation of the Chief Judge.
EXECUTIVE SUMMARY
The purpose of this item is to establish the 2018 salary of the Chief Judge. City Council met in executive
session on November 28, 2017, to conduct the performance review of Chief Judge Kathleen M. Lane. This
Ordinance sets the 2018 compensation of the Chief Judge.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to recognize and
reward outstanding performance. To accomplish this goal, the City Council and the Chief Judge meet twice a
year to discuss performance and set goals for the coming year.
In 2017, the total compensation including benefits provided to the Chief Judge is as follows:
2017 Salary and Benefits Annual
Salary (.80 FTE) $ 117,152
Medical Insurance $ 10,824
Dental Insurance $ 588
Life Insurance $ 205
Long Term Disability $ 568
ICMA (457) $ 3,515
ICMA (401) $ 11,715
Total Monetary Compensation $ 144,569
Non-Monetary Benefits
Vacation (32 days per year)
Holidays (9 days per year)
Resolution 2014-096, which establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge, states that any change in compensation for the City Manager, City Attorney and
Chief Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to
16
Packet Pg. 253
Agenda Item 16
Item # 16 Page 2
take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect
Judge Lane’s 2018 compensation.
ATTACHMENTS
1. Powerpoint presentation (PDF)
16
Packet Pg. 254
1
Establishing Compensation of the Chief Judge
Jamie Heckman
ATTACHMENT 1
16.1
Packet Pg. 255
Attachment: Powerpoint presentation (6321 : Salary - MJ)
Compensation Philosophy
2
Data driven and transparent
Based on established market
Competitive
Based on performance
16.1
Packet Pg. 256
Attachment: Powerpoint presentation (6321 : Salary - MJ)
Methodology
3
Market
• Data group
– Colorado – 10 Front Range cities (Colorado Springs uses independent
contractor)
• Benchmark data
– Annual salary
– Retirement
– Longevity Pay
– Car allowance
16.1
Packet Pg. 257
Attachment: Powerpoint presentation (6321 : Salary - MJ)
Chief Judge – Market Analysis
4
City
Employee
Data
COLORADO
Market
Data
COLORADO
Ahead /
(Behind)
Salary $146,440 $145,246 0.82%
Retirement $19,037 $15,116 25.94%
Total Comp $165,477 $160,362 3.19%
Based on 1.0 FTE
16.1
Packet Pg. 258
Attachment: Powerpoint presentation (6321 : Salary - MJ)
-1-
ORDINANCE NO. 007, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-606 OF THE CODE OF THE CITY OF FORT COLLINS
AND SETTING THE COMPENSATION OF THE CHIEF JUDGE
WHEREAS, pursuant to Article VII, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the Chief Judge; and
WHEREAS, the City of Fort Collins is committed to compensating its employees in a
manner that is fair, competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes
not only base salary but also deferred compensation payments, vacation and holiday leave, and
amounts paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, each year the City Council conducts a review of the past year's performance
and the next year’s goals of the Chief Judge; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data, and is adjusting the salary of the Chief
Judge to bring that salary more in line with the appropriate market data; and
WHEREAS, the City’s philosophy is to reward performance that meets or exceeds
expectations; and
WHEREAS, the City Council has determined that the base salary of the Chief Judge
should be established at the amount of $________________ effective January 1, 2018, so that
the total compensation of the Chief Judge for 2018 will be $_______________.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-606 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-606. Salary of the MunicipalChief Judge.
The base salary to be paid to the MunicipalChief Judge for working 0.8 FTE
shall be one hundred seventeen thousand one hundred fifty-two dollars
($117,152) _________________ ($____________) per annum, payable in
biweekly installments, which sum shall be charged to general government
expense.
Packet Pg. 259
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Section 3. That the effective date of the salary adjustment shall be January 1, 2018,
to be paid retroactively within a reasonable period of time after this Ordinance becomes final.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 260
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 008, 2018, Amending Section 2-581 of the Code of the City of Fort Collins and
Setting the Compensation of the City Attorney.
EXECUTIVE SUMMARY
The purpose of this item is to establish the 2018 salary of the City Attorney. City Council met in executive
session on November 13, 2017, to conduct the performance review of Carrie Daggett, City Attorney. This
Ordinance sets the 2018 compensation of the City Attorney.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is market based, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to recognize and
reward outstanding performance. To accomplish this goal, the City Council and the City Attorney meet twice a
year to discuss performance and set goals for the coming year.
In 2017, the total compensation including benefits provided to the City Attorney is as follows:
2017 Salary and Benefits Annual
Salary $ 189,521
Medical Insurance $ 10,824
Dental Insurance $ 588
Life Insurance $ 331
Long Term Disability $ 919
ICMA (457) $ 5,686
ICMA (401) $ 18,952
Total Monetary Compensation $ 226,821
Non-Monetary Benefits
Vacation (30 days per year)
Holidays (9 days per year)
In addition, the City Attorney cashed out 120 hours of accrued and unused vacation totaling $10,934.
Resolution 2014-096 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted by
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Agenda Item 17
Item # 17 Page 2
the Council by Ordinance in sufficient time for the change to take effect the first day of the first full pay period
of the ensuing year. This Ordinance will amend the City Code to reflect the City Attorney’s 2018 salary.
ATTACHMENTS
1. Powerpoint presentation (PDF)
17
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1
Establishing Compensation of the City Attorney
Jamie Heckman
ATTACHMENT 1
17.1
Packet Pg. 263
Attachment: Powerpoint presentation (6323 : Salary-CA)
Compensation Philosophy
2
Data driven and transparent
Based on established market
Competitive
Based on performance
17.1
Packet Pg. 264
Attachment: Powerpoint presentation (6323 : Salary-CA)
Methodology
3
Market
• Two data groups
– National – 9 Western region peer cities (Anaheim, CA and Denton, TX
vacancies)
– Colorado – 11 Front Range cities (Lakewood uses independent
contractor)
• Benchmark data
– Annual salary
– Retirement
– Longevity Pay
– Car allowance
17.1
Packet Pg. 265
Attachment: Powerpoint presentation (6323 : Salary-CA)
City Attorney – Market Analysis
4
City
Employee
Data
NATIONAL
Market
Data
NATIONAL
Ahead /
(Behind)
COLORADO
Market
Data
COLORADO
Ahead /
(Behind)
Salary $189,521 $192,660 (1.63%) $189,569 (0.025%)
Retirement $24,638 $26,452 (6.86%) $23,483 4.92%
Total Comp $214,159 $236,326 (9.38%) $215,247 (0.51%)
17.1
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Attachment: Powerpoint presentation (6323 : Salary-CA)
-1-
ORDINANCE NO. 008, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-581 OF THE CODE OF THE CITY OF FORT COLLINS
AND SETTING THE COMPENSATION OF THE CITY ATTORNEY
WHEREAS, pursuant to Article VI, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Attorney; and
WHEREAS, the City is committed to compensating its employees in a manner that is
fair, competitive and understandable; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data, and is adjusting the salary of the City
Attorney to bring that salary more in line with the appropriate market data; and
WHEREAS, the City Council met with the City Attorney to conduct a review and
establish goals for her performance; and
WHEREAS, the City’s philosophy is to reward performance that meets or exceeds
expectations; and
WHEREAS, the City Council believes the base salary of the City Attorney for 2018
should be established at the amount of $______________ effective January 1, 2018, so that the
total compensation of the City Attorney in 2018 will be $__________________.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-581 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-581. Salary of the City Attorney.
The base salary to be paid the City Attorney shall be one hundred eight-nine
thousand five hundred twenty-one dollars ($189,521) ____________________
($_________) per annum, payable in biweekly installments. Sixty (60) percent of such
sum shall be charged to general government expense, twenty (20) percent to the City
water utility and twenty (20) percent to the City electric utility.
Section 3. That the effective date of the salary adjustment shall be January 1, 2018,
to be paid retroactively within a reasonable period of time after this Ordinance becomes final.
Packet Pg. 267
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Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 268
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Jamie Heckman, Compensation and Technology Manager
Jenny Lopez Filkins, Legal
SUBJECT
First Reading of Ordinance No. 009, 2018, Amending Section 2-596 of the Code of the City of Fort Collins and
Setting the Compensation of the City Manager.
EXECUTIVE SUMMARY
The purpose of this item is to establish the 2018 compensation of the City Manager. City Council met in
executive session on November 13, 2017, to conduct the performance review of Darin Atteberry, City
Manager. This Ordinance sets the 2018 compensation of the City Manager.
STAFF RECOMMENDATION
None.
BACKGROUND / DISCUSSION
City Council is committed to compensating employees in a manner which is market based, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to recognize and
reward outstanding performance. To accomplish this goal, the City Council and the City Manager meet twice a
year to discuss performance and set goals for the coming year.
In 2017, the total compensation including benefits provided to the City Manager is as follows:
2017 Salary and Benefits Annual
Salary $ 256,087
Medical Insurance $ 10,824
Dental Insurance $ 588
Life Insurance $ 447
Long Term Disability $ 1,242
ICMA (457) $ 7,683
ICMA (401) $ 25,609
Car Allowance $ 9,000
Total Monetary Compensation $ 311,481
Non-Monetary Benefits
Vacation (30 days per year)
Holidays (9 days per year)
In addition, the City manager cashed out 120 hours of accrued and unused vacation totaling $14,774.
18
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Agenda Item 18
Item # 18 Page 2
Resolution 2014-096 establishes the process for evaluating the performance of the City Manager, City
Attorney, and Chief Judge. It states that any change in compensation for these employees will be adopted by
the Council by Ordinance in sufficient time for the change to take effect the first day of the first full pay period
of the ensuing year. This Ordinance will amend the City Code to reflect the City Manager’s 2018 salary.
ATTACHMENTS
1. Powerpoint presentation (PDF)
18
Packet Pg. 270
1
Establishing Compensation of the City Manager
Jamie Heckman
ATTACHMENT 1
18.1
Packet Pg. 271
Attachment: Powerpoint presentation (6318 : Salary - CM)
Compensation Philosophy
2
Data driven and transparent
Based on established market
Competitive
Based on performance
18.1
Packet Pg. 272
Attachment: Powerpoint presentation (6318 : Salary - CM)
Methodology
3
Market
• Two data groups
– National – 9 Western region peer cities (Anaheim, CA vacancy)
– Colorado – 10 Front Range cities
• Benchmark data
– Annual salary
– Retirement
– Car allowance
18.1
Packet Pg. 273
Attachment: Powerpoint presentation (6318 : Salary - CM)
City Manager – Market Analysis
4
City
Employee
Data
NATIONAL
Market
Data
NATIONAL
Ahead /
(Behind)
COLORADO
Market
Data
COLORADO
Ahead /
(Behind)
Salary $256,087 $248,612 3.01% $220,570 16.10%
Retirement $33,291 $38,096 (12.61%) $29,228 13.9%
Total Comp $298,378 $290,533 2.7% $255,570 16.75%
18.1
Packet Pg. 274
Attachment: Powerpoint presentation (6318 : Salary - CM)
-1-
ORDINANCE NO. 009, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2-596 OF THE CODE OF THE CITY OF FORT COLLINS
AND SETTING THE COMPENSATION OF THE CITY MANAGER
WHEREAS, pursuant to Article III, Section 1 of the City Charter, the City Council is
responsible for fixing the compensation of the City Manager; and
WHEREAS, the City is committed to compensating its employees in a manner that is
fair, competitive and understandable; and
WHEREAS, the City’s pay philosophy is based on total compensation, which includes
not only base salary but also deferred compensation payments, vacation and holiday leave, and
amounts paid by the City for medical, dental, life and long-term disability insurance; and
WHEREAS, the City Council met with the City Manager to conduct a review and
establish next year’s goals; and
WHEREAS, the City Council supports a compensation philosophy of paying employees
a competitive salary based on established market data, and is adjusting the salary of the City
Manager to bring that salary more in line with the appropriate market data; and
WHEREAS, the City’s philosophy is to reward performance that meets or exceeds
expectations; and
WHEREAS, the City Council believes that the base salary of the City Manager should be
established at the amount of $_________________ effective January 1, 2018, so that the total
compensation of the City Manager in 2018 will be $_______________.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-596 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-596. Salary of the City Manager.
The base salary to be paid the City Manager shall be two hundred fifty six
thousand eighty-seven dollars ($256,087) ___________________________
($_______) per annum, payable in biweekly installments. Forty (40) percent of
such sum shall be charged to the city electric utility, twenty (20) percent to the
city water utility and forty (40) percent to general government expense.
Packet Pg. 275
-2-
Section 3. That the effective date of the salary adjustment shall be January 1, 2018,
to be paid retroactively within a reasonable period of time after this Ordinance becomes final.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 276
Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Chad Crager, Director of Infrastructure Services
Brad Buckman, Special Projects Engineer
Mark Jackson, PDT Deputy Director
John Duval, Legal
Chris Van Hall, Legal
SUBJECT
Items Relating to Funding Improvements to the I-25/Prospect Interchange.
EXECUTIVE SUMMARY
A. Resolution 2018-004 Authorizing the Execution of an Amendment to the Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the Interstate 25
Improvements Between State Highway 14 and State Highway 402.
B. Resolution 2018-005 Approving and Authorizing the Execution of a Memorandum of Understanding with
Benefitted Property Owners Regarding Financial Participation in the I-25/Prospect Interchange
Improvements.
The purpose of this item is to amend an existing Intergovernmental Agreement with the Colorado Department
of Transportation and enter into a Memorandum of Understanding with private property interests proximate to
the interchange at I-25 and Prospect Road. These agreements form the basis of a public-private funding
partnership model to accelerate improvements to the aging and congested I-25/Prospect Interchange. City
staff is also continuing to negotiate with the Town of Timnath for its payment of a share of the costs for these
improvements.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolutions.
BACKGROUND / DISCUSSION
The Colorado Department of Transportation (CDOT) will make improvements to Interstate 25 (I-25) in Northern
Colorado beginning in 2018. These improvements were identified in the North I-25 Environmental Impact
Statement (Record of Decision 2011). Planned improvements include repair or replacement of two bridges,
expansion of a third managed lane in each direction, and bus slip ramps and a park and ride facility at Larry
Kendall Parkway in Loveland. No interchange improvements were initially identified as part of the $237 million
effort. The project boundaries are SH-14 (Mulberry) to the north and SH-402 (Loveland) to the south.
The interchange at Prospect Road and I-25 is aging infrastructure that is currently beyond its design lifespan,
and is failing in level of service (congestion) at peak periods of travel. Existing and planned development in the
area are exacerbating congestion and safety issues. The interchange and Prospect Road are a critical
gateway into central Fort Collins, as well as Timnath. City of Fort Collins staff worked closely with CDOT during
preliminary design phases to ensure improvements to the interchange meet the City’s needs, design
standards, and integrates with the City’s road network.
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Agenda Item 19
Item # 19 Page 2
CDOT is using a Design-Build project management approach to the I-25 project. This combined project
management approach allows for possible economies of scale and cost efficiencies that could expand the
scope of the project improvements. CDOT has indicated that if the City of Fort Collins is willing to partner on
funding to improve the Prospect/I-25 interchange, there is a window of opportunity for the interchange
improvements to be included in their base case project scope. Partnering with CDOT in this fashion
accelerates improvements to the aging interchange by several years, and is estimated to save $7 million in
construction costs (compared to treating it as a stand-alone project). Council adopted Resolution 2016-087 in
November 2016 as a statement of intent to partner with CDOT (Attachment 2), and City Manager Atteberry
sent CDOT a second letter of intent to partner on the interchange improvements on March 1, 2017
(Attachment 3).
City staff worked with CDOT Project Managers, Town of Timnath, and private property interests proximate to
the interchange throughout the past year to develop a private-public funding partnership model to share costs
related to the interchange improvements. City of Fort Collins will act as primary agent with CDOT on the
funding agreement, with separate repay agreements to the City from Town of Timnath, and the private
property interests. Council is being asked in this agenda item to consider the following two related documents:
• Intergovernmental Agreement (IGA) with CDOT stating the City of Fort Collins’ intent to provide an
additional $17 million in funding for the I-25/Prospect interchange improvements. This is an amendment to
the existing IGA with CDOT that currently allocates the City’s fair share contribution of funds for the North
I-25 improvements ($1.125 million per year for 2017 and 2018).
• Memorandum of Understanding (MOU) with the private property interests proximate to the interchange,
stating their intent to repay the City of Fort Collins their share of the interchange improvements ($8.25
million).
Timnath and Fort Collins staff are still negotiating the terms and conditions of an intergovernmental agreement
in which Timnath would agree to pay over a twenty (20) year period some share of the City’s costs for
proposed improvements to the I-25/Prospect Interchange.
If Council approves entering into these agreements, Fort Collins will begin issuing payment to CDOT later in
2018, and continue payments for a three-year period. City of Fort Collins’ share in the interchange
improvements is $8.25 million. Details of these agreements are outlined in the Financial Impacts Section
below.
CITY FINANCIAL IMPACTS
Total cost for CDOT to improve the interchange is estimated at $31 million. This includes an additional $7
million (beyond CDOT’s basic interchange design standard) for urban design amenities required by the City of
Fort Collins and to be paid by Fort Collins, Timnath and private property interests. CDOT will share in 50% of
the base design portion, or $12 million. The remaining $19 million will be split across the City, property owners,
and Timnath at 43.4%, 43.4%, and 13.2%, respectively. Timnath’s share is based on traffic studies with the
City and property owners evenly splitting the remaining $16.5 million cost at $8.25 million each.
The City proposes to finance the cost of this project through Certificates of Participation (COPs). The principal
borrowed is the balance of the $19 million costs after accounting for right-of-way (ROW) contributions and
Transportation Capital Expansion Fees (TCEF). The net amount currently projected is $17.1 million but will
depend on final negotiations and ROW contributions. The City would be responsible for debt service in full and
then separately collect from Timnath and the property owners under the aforementioned repayment
agreements. The City share includes approximately $1.4 million contribution from Transportation Capital
Expansion Fees (TCEF).
The below table displays both cost sharing and debt service sharing, subject to final negotiations:
19
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Agenda Item 19
Item # 19 Page 3
Total FC Property Timnath
Overpass Cost $ 19.00 $ 8.25 $ 8.25 $ 2.50
% Share of Cost 43.4% 43.4% 13.2%
Less ROW Value $ 0.5
Less TCEF $ 0.7 $ 0.7
Debt Obligation $ 17.10 $ 7.55 $ 7.05 $ 2.50
% Share of Debt 44.2% 41.2% 14.6%
Borrow - Principle $ 17.10
Term 20
Interest 4.50%
Payment Share (unrounded) $ 1,314,582 $ 580,415 $ 541,977 $ 192,190
Partners Share Allocation ($ in millions)
CDOT IGA – Resolution 2018-004
The City agrees to remit $17 million to CDOT, spread over the next three years, beginning in late 2018. These
funds represent the total public-private share for improving the I-25 interchange at Prospect Road ($12 million
for interchange improvements; $5 million for urban design elements). While the total urban design requirement
is $7 million, $5 million would be included in the CDOT IGA and managed during the CDOT Corridor
Improvements Project. The remaining $2 million for urban design will be included in a City-managed project to
complete the irrigation and landscaping after the CDOT project is completed. CDOT will provide $12 million
towards the interchange improvements, to be included in the overall North I-25 Corridor Improvements Project,
segments 7 and 8.
PROPERTY OWNERS MOU-Resolution 2018-006
Property owners of land on each quadrant of the interchange agree to remit $8.25 million plus applicable
interest minus any contributions of rights-of-way to the City of Fort Collins. Property owners will pay for their
share of the interchange improvements through a combination of mill levy, impact fees, and public
improvement fees. Thus, there is uncertainty in the timing of the property owners’ repayments as the revenue
generated is dependent on the timing of future development:
• Public Improvement Fee (PIF)
• Metro Districts. The collective property owners will form an umbrella Metro District for the purpose of
repaying interchange improvements, then choose whether to form a separate Metro District for their
respective developments when appropriate. Given the overall regional and local benefit and need to
improve the interchange, as well as the unique opportunity presented by including the interchange in the
overall I-25 Corridor improvements, staff supports this as an appropriate finance tool to make the public-
private partnership viable. Anticipated future land uses at the interchange include mixed use, employment,
light industrial, and some housing. Mills: up to 80 negotiable. An additional (one-time) impact fee would be
assessed under the Metro District, and would vary by land use.
TIMNATH’S SHARE
Again, Timnath and Fort Collins staff are still negotiating an intergovernmental agreement under which
Timnath would pay Fort Collins up to $2.5M over twenty (20) years in fully amortized payments accruing
interest at the rate the City will incur in the COPs transaction.
19
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Agenda Item 19
Item # 19 Page 4
BOARD / COMMISSION RECOMMENDATION
City staff regularly presents updates to the I-25 Corridor Improvements Project, including the Prospect
interchange funding proposal, to the Transportation Board (to date February 2016, November 2016, March
2017, September 2017). While no action is taken, the Board is generally supportive of steps to improve I-25
and the Prospect interchange, and appreciates efforts to include design elements for bicycle, pedestrian and
transit users.
PUBLIC OUTREACH
CDOT has conducted numerous public meetings regarding the I-25 Improvements Project throughout Northern
Colorado. CDOT Project Managers also attended a Fort Collins Council work session in December 2016. A
second project update with CDOT Project managers is scheduled for Council work session.
ATTACHMENTS
1. Location map (PDF)
2. Resolution 2016-087 (PDF)
3. Letter to CDOT, March 1, 2017 (PDF)
4. Powerpoint presentation (PDF)
19
Packet Pg. 280
ATTACHMENT 1
19.1
Packet Pg. 281
Attachment: Location map (6269 : I-25 / Prospect Interchange)
ATTACHMENT 2
19.2
Packet Pg. 282
Attachment: Resolution 2016-087 (6269 : I-25 / Prospect Interchange)
19.2
Packet Pg. 283
Attachment: Resolution 2016-087 (6269 : I-25 / Prospect Interchange)
ATTACHMENT 3
19.3
Packet Pg. 284
Attachment: Letter to CDOT, March 1, 2017 (6269 : I-25 / Prospect Interchange)
I-25/Prospect Interchange Funding 1
January 2, 2018
City Council
ATTACHMENT 4
19.4
Packet Pg. 285
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Proposed Public-Private Partnership
2
• Prospect/I-25 Interchange has
failing LOS at peak travel times
• Total Cost $31M ($24M + urban design)
• CDOT cost $12M (half interchange cost)
• City cost $19M
• Estimated savings of $7M if
constructed with I-25 expansion
• Partnership with
• City of Fort Collins
• Town of Timnath
• Interchange property owners
19.4
Packet Pg. 286
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Interchange Ownership & Development Plans
3
• NW Corner – 144.6 total acres, in PDP
• 276 apartments
• 27 single family homes
• Additional single family homes and
commercial development potential (Future)
• NE Corner – 110 total acres, in ODP
• Industrial/Employment
• Commercial
• Urban Estate
• SE Corner – 17 acres, in ODP
• Commercial
• SW Corner – 96 acres, owned CSURF
• No development plans in review
19.4
Packet Pg. 287
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Traffic Study Data
Timnath Share Allocation
4
Determining Fair Share Based on Traffic Impacts:
• Traffic Impact Analyses using MPO Long Range (2040) Regional
Traffic Model. Percent use of traffic on interchange was:
• Fort Collins 36%
• Timnath 7%
• Background 29%
• From MPO data, 72%-28% split between traffic going to FC versus
to Timnath. Timnath share (7%) plus background share (28% of 29%)
is 15%.
• Timnath has preliminarily agreed to $2.5M, or 13% of total cost. FC
and Timnath continue to work together towards a final agreement.
19.4
Packet Pg. 288
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Cost Sharing Proposal
5
Property Owners
• 50% of remainder after Timnath
• Form Metro District to cover all corners
• 3 revenue sources
• Impact Fee Up to $5,000 per acre
• Mills…. 5.0 to 10.0
• PIF……. .50% to 1.00%
• Fee range dependent on ROW contribution
value
Timnath
• Cost Share – per traffic studies
• Agreed to $2.5M; paid over 20 years
• 100% of annual payment from beginning
19.4
Packet Pg. 289
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Intersection Cost & Cost Share
6
Proposed Cost Share Timnath 13%, Property Owners 43%, COFC 43%
• Total Cost $31M
• Includes $7M for Urban Design
• CDOT $12M - 50% of base design
• City/Property Owners/Timnath $19M
• FC = $8.25M
• Property Owners = $8.25M
• Timnath = $2.5M
• Current Estimate - Borrow $17.1M
• $19M less ROW & TCEF contribution
Total FC Property Timnath
Overpass Cost $ 19.00 $ 8.25 $ 8.25 $ 2.5
43% 43% 13%
Less ROW Value 0.50
TCEF 0.70 0.70
Debt Obligation $ 17.1 $ 7.55 $ 7.05 $ 2.5
% Share 44% 41% 15%
Borrow‐Principle $ 17,100,000
Term 20
Interest 4.50%
Payment Share $1,314,582 $580,415 $ 541,977 $ 192,190
Partners Share Allocation ($ in millions)
19.4
Packet Pg. 290
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Financing Options
7
• IGA with CDOT commits City to $19 million project
• Finance via Certificates of Participation (COPs)
• $1.3 million new debt service from General Fund
• Coincides with maturity of existing debt, freeing $433K
• City responsible for debt service in full
• Separately collect repayments from partners
• Structuring, collateral, and project options presented to Finance
Committee 10/2017
• Will return to Finance Committee and Council for 2018 COP ordinance
19.4
Packet Pg. 291
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Agreement Details/Status
8
1 Property Owners share in urban design cost OK
2 Fix formula in agreement (total – Timnath – ROW/TCEF) OK – owners asked for cap on $, City said no
3 ROW contribution reduce obligation OK – still negotiating minimum ROW contribution – 1st dollar importance
4 3 Revenue sources – Fee, Mills & PIF OK – recent concern from property owners on development cost – fees & roads
5 Fixed Fee beginning year 3 if develop has occurred NO – from property owners
6 Establish GID and sunsets once obligation met OK
7 Want to cap each corners payments NO - Delays payment, complicated, legal issues
8 GID sunsets by corner per #3 NO – same as above
9 Freeze all City fees NO from City
10 FC supports seeking lower water/sewer fees NO – City will provide information only
11 Offset to Street Oversizing given contribution OK – shared equally between City & owners
12 FC manages GID finances OK
13 FC agrees to approve Metro District for each Council Action Required
14 Metro District with mill levy up to 80 mills Council Action Required
15 FC agrees to accelerate ODP/FDP Liaison to be appointed
16 City charges interest on carried balance OK – per Interagency Loan Policy
17 Specific development agreement with each OK
18 Modification to Land Use may be appropriate TBD
19.4
Packet Pg. 292
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Cash Flow Summaries
9
Base Case Growth Slow Growth
Timing and Pace of Development Uncertain….
City Will Work With Property Owners for Development
• Impact Fee $36 per trip (Average Daily Trip Count @ Permit)
• Mills…. 9.000
• PIF……. .90%
• ROW Contr $0.5M
19.4
Packet Pg. 293
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
Next Steps
10
• CDOT finalize Scope of Work and
funding issues
• CDOT issue Notice to proceed
construction
• Regional leaders continue to seek
funds to complete I-25
improvements south to SH-66
• Authorization/signing of MOU and
IGAs
19.4
Packet Pg. 294
Attachment: Powerpoint presentation (6269 : I-25 / Prospect Interchange)
-1-
RESOLUTION 2018-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE INTERSTATE 25
IMPROVEMENTS BETWEEN STATE HIGHWAY 14 AND STATE HIGHWAY 402
WHEREAS, Interstate 25 (“I-25”) serves as the primary north-south highway connection
for North Colorado, including Fort Collins and is the primary route for the City’s regional
connectivity to commerce, health care, education and employment; and
WHEREAS, the Colorado Department of Transportation (“CDOT”) will make
improvements to I-25 in Northern Colorado beginning in 2017, with actual construction
commencing in 2018 and ending in 2020; and
WHEREAS, planned improvements to I-25 between SH-14 (Mulberry) and SH-402
(Loveland) include repair or replacement of two bridges, expansion of a third managed lane in
each direction, and slip ramps and a park and ride at Larry Kendall Parkway in Loveland (the
“North I-25 Improvements Project”); and
WHEREAS, the City has previously entered into an Intergovernmental Agreement dated
April 14, 2017, with CDOT to commit $2.25 million of local funds to support the North I-25
Improvements Project as part of the 2017-2018 budget (the “IGA”) and agreed to remit an
additional $2.2 million in funds over a five-year period to accelerate the Project pursuant to
Resolution 2016-077, which authorized the Mayor to execute an Intergovernmental Agreement
for Funding I-25 Improvements with Larimer County and seven other municipalities; and
WHEREAS, the Prospect/I-25 Interchange (the “Interchange”) has failing levels of
service at peak travel times and there is an opportunity for the City to partner with CDOT, the
Town of Timnath, and property owners around the Interchange (the “Property Owners”) to make
improvements to the Interchange as part of the North I-25 Improvements Projects, which timing
would result in an estimated savings of $7 million in the cost of the Interchange improvements;
and
WHEREAS, CDOT has proposed an amendment to the IGA whereby the City will
contribute a total $19.25 million for the Northern I-25 Improvement Projects, including
improvements to the Interchange, and CDOT will reconstruct the existing diamond interchange
at I-25 and Prospect Road, including reconstruction of the ramps, bridge and Prospect Road (the
“Amendment”); and
WHEREAS, under the Amendment, work on improving the Interchange is expected to
start after July 1, 2018 and will result in a reconstructed Prospect Road with four through lanes, a
raised median, left turn lanes, and pedestrian and bicycle facilities; and
WHEREAS, to fund the additional $17 million for the Interchange improvements under
the Amendment, the City will be entering into separate agreements with the Town of Timnath
Packet Pg. 295
-2-
and Property Owners where the Town of Timnath will pay up to an estimated $2.5 million
toward the Interchange improvements, the Property Owners are anticipated to pay an estimated
$7.05 million toward the Interchange improvements after receiving credit for right-of-way
dedications and credit for transportation capital expansion fees, and the City will pay the
remaining $8.1 million toward the Interchange improvements; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that Interchange improvements and the
Amendment are necessary for the public health, safety and welfare; and
WHEREAS, the City Council has also determined that the Interchange improvements to
be funded under the Amendment serve the public purpose of expanding and facilitating I-25 as a
critical and primary route connecting the City and its citizens to commerce, health care,
education and employment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Amendment is hereby approved and the Mayor is authorized to
enter into it in substantially the form attached hereto as Exhibit “A”, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City or to effectuate the
purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
2nd day of January, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 296
OLA #: 331001577
Routing #: 17-HA4-XC-00072-M0002
Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 1 Project #: 21506
SIGNATURE AND COVER PAGE
State Agency
Department of Transportation, Colorado Bridge Enterprise
Amendment Routing Number
17-HA4-XC-00072-M0002
Contractor
CITY OF FORT COLLINS
Original Agreement Routing Number
17-HA4-XC-00072
Agreement Maximum
Amount
N/A--Revenue Contract
Agreement Performance Beginning Date
The later of the effective date or April 14, 2017
Initial Agreement expiration date
April 13, 2022
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Amendment and to bind the Party authorizing his or her signature.
CONTRACTOR
City of Fort Collins
By:____________________________________________
Name of Authorized Individual
Title:__________________________________________
Official Title of the Authorized Individual
By:____________________________________________
Signature
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
___________________________________________
Joshua Laipply, P.E., Chief Engineer
(For): Shailen P. Bhatt, Executive Director
Date: _________________________
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Transportation
Colorado Bridge Enterprise
____________________________________________
By: Jerad Esquibel, P.E
(For): Shailen P. Bhatt, Director
Date: _________________________
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ________________N/A__________________
Office of the State Controller, Controller Delegate
_______________________________________
Printed name of signatory
Date:_____________________________________
EXHIBIT A
1
OLA #: 331001577
Routing #: 17-HA4-XC-00072-M0002
Page 2 of 2
1) PARTIES
Amendment (the "Contract") is entered into by and between the Contractor, CITY OF FORT COLLINS (hereinafter
called "Contractor") and the State of Colorado, for the use and benefit of the Department of Transportation and
the Colorado Bridge Enterprise (hereinafter collectively called "State").
2) TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before
that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or
expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this
Amendment
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment
and shall terminate on the termination of the Agreement.
4) PURPOSE
A. The Parties entered into the Agreement for Local Agency making funds available for improvements to
North Interstate-25, Project SH 402 - SH 14 (21506).
B. The Parties now desire to delete Exhibit A in its entirety. This will be replaced with Exhibit A-1 with an
updated CITY OF FORT COLLINS not to exceed reimbursement amount.
5) MODIFICATIONS
Exhibit A – Scope of Work
Exhibit A – Scope of Work is removed and replaced in its entirety with Exhibit A-1 attached hereto and
incorporated herein by reference. Upon execution of this Amendment, all references in the Agreement to
Exhibit A will be replaced with Exhibit A-1.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions
of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all
respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and
control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically
modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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Attachment: Exhibit A (6313 : I-25 / Prospect Interchange - IGA with CDOT RESO)
North I-25
Fort Collins - $12M Contribution for Interchange; $5M Contribution for the urban design elements
(aesthetic/landscape enhancements) for the interchange ($17M Total Contribution)
Scope of Work
Reconstruct the existing diamond interchange at I-25 and Prospect Road, including reconstruction of the
ramps, bridge, and Prospect Road. Prospect Road will be reconstructed to a configuration with four
through lanes, with a raised median, left turn lanes, and pedestrian and bicycle facilities. Work is
expected to start on the interchange after July 1, 2018.
Urban design elements to be included in the North I-25 Project are per the “CDOT Project” column in the
table below.
ITEM DESCRIPTION CDOT
PROJECT
CITY/TOWN
PROJECT
BRIDGE ENHANCEMENTS
Structural Concrete Stain on Bridge Curb, Girders, MSE Walls X
Upgraded Pedestrian Rail on Bridge X
Median & Pork Chop Island Cover Material (Color Concrete) X
Irrigation Sleeves and Pull Boxes X
GORE AREAS AND RAMPS
Earthwork/Import (related to Landscape/Urban Design) X
Stone Outcrops (including design, mock ups, installation) X
Boulders X
Cobble Swales X
Landscape Design X
Soil Conditioning X
Fine Grading X
Turf Reinforcement Mat X X
Seed X X
Boulders X
Landscaping (Trees, Shrubs, Ornamental Grasses, Perennials, Mulch, etc) X
Irrigation Design X
Irrigation Tap, Meter & Backflow X
Irrigation Sleeves X
Irrigation System X
PROSPECT ROAD
Prospect Rd. Median - Perforated Pipe Underdrain X
Prospect Rd. Median – Membrane X
Prospect Rd. Median – Rock Filter Material X
Prospect Rd. Median - Topsoil X
Prospect Rd. Median – Double Curb X
Electrical conduit for City Street Lights X
Electrical controls and service for City Street Lights X
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Attachment: Exhibit A (6313 : I-25 / Prospect Interchange - IGA with CDOT RESO)
City Street Lights/Electrical X
Landscape Design X
Soil Conditioning X
Fine Grading X
Seed X X
Turf Reinforcement Mat X X
Boulders X
Trees, Shrubs, Ornamental Grasses & Perennials, Mulch, etc X
Irrigation Design X
Irrigation Tap, Meter & Backflow X
Irrigation Sleeves X
Irrigation Sleeves X
Monument Sign - Fort Collins X
Monument Sign - Timnath X
Technical Requirements:
Design:
- CDOT shall consult with the Local Agency throughout the preparation of the Plans and submit to the
Local Agency for its review the proposed Plans prior to CDOT's acceptance of Release for Construction
Plans. The Local Agency must provide comments on the proposed Plans within 10 calendar days after
the proposed Plans are referred to it. CDOT will require the Design Build Contractor to address all issues
identified by the Local Agency provided those issues are not in conformance with the Contract
Documents.
- The Local Agency shall waive all review fees for design.
- The Local Agency shall not require additional design reviews beyond those required by the contract.
Construction:
- The Local Agency shall waive all permit fees for street use permits.
- The Local Agency requires that Infrastructure that becomes City of Fort Collins inventory follow
inspection requirements per LCUASS Standards.
- The Local Agency requires that infrastructure within City of Fort Collins Right-of-Way be follow final
acceptance requirements per LCUASS Standards.
- CDOT shall consult with the Local Agency for its review of traffic control plans related to road closures.
- The Local Agency requires 7 calendar days of advance notification for road closures.
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Attachment: Exhibit A (6313 : I-25 / Prospect Interchange - IGA with CDOT RESO)
Amount Date of Payment Amount Date of Payment Amount Date of Payment Amount Date of Payment Amount Date of Payment
City of Fort Collins - Overall Project Scope $1,125,000.00 December $1,125,000.00 December $2,250,000.00
City of Fort Collins - Prospect Interchange December $4,000,000.00 December $4,000,000.00 December $4,000,000.00 December $12,000,000.00
City of Fort Collins - Urban Design Elements December $1,666,666.67 December $1,666,666.67 December $1,666,666.66 December $5,000,000.00
CITY OF FORT COLLINS - TOTAL $19,250,000.00
Summary of Contribution by Year
Total Contribution Amount
North Interstate-25 Phase 1 Project
Funding Table / Payment Schedule for City of Fort Collins
Name of Local Agency / Funding Partner 2016 2017 2018 2019 2020
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Attachment: Exhibit A (6313 : I-25 / Prospect Interchange - IGA with CDOT RESO)
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RESOLUTION 2018-005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND AUTHORIZING THE EXECUTION OF
A MEMORANDUM OF UNDERSTANDING WITH BENEFITTED
PROPERTY OWNERS REGARDING FINANCIAL PARTICIPATION
IN THE I-25/PROSPECT INTERCHANGE IMPROVEMENTS
WHEREAS, the interchange at Interstate Highway 25 and Prospect Road (the
“Interchange”) is owned by the State of Colorado and operated and maintained by the Colorado
Department of Transportation (“CDOT”); and
WHEREAS, the Interchange is within the City’s boundaries and adjacent to its four (4)
corners are several undeveloped parcels of privately-owned land, which parcels are also within
the City’s boundaries; and
WHEREAS, Fort Collins/I-25 Interchange Corner, LLC (“FCIC”) is the fee title owner of
a parcel of land adjacent to the northwest corner of the Interchange (the “FCIC Parcel”); and
WHEREAS, Gateway at Prospect Apartments, LLC (“GAPA”) is the fee title owner of a
parcel of land also adjacent to the northwest corner of the Interchange (the “GAPA Parcel”); and
WHEREAS, Land Acquisition and Management, LLC represents a group of tenants in
common (“LAAM Owners”) who are the fee title owners of the three (3) parcels of land adjacent
to the northeast corner of the Interchange (the “LAAM Owners Parcels”); and
WHEREAS, Paradigm Properties LLC (“Paradigm”) is the fee title owner of the two (2)
parcels of land adjacent to the southeast corner of the Interchange (the “Paradigm Parcels”); and
WHEREAS, the Colorado State University Research Foundation (“CSURF”) is the fee
title owner of the two (2) parcels of land adjacent to the southwest corner of the Interchange (the
“CSURF Parcels”); and
WHEREAS, FCIC, GAPA, the LAAM Owners, Paradigm and CSURF are hereafter
collectively referred to as the “Property Owners” and the FCIC Parcel, GAPA Parcel, the LAAM
Owners Parcels, Paradigm Parcels and CSURF Parcels are hereafter collectively referred to as
the “Properties”; and
WHEREAS, CDOT has notified the City that it is planning a project to significantly
modify and improve the Interchange by reconstructing its ramps and bridge and by
reconstructing Prospect Road to a configuration with four (4) through lanes, a raised median, left
turn lanes and pedestrian and bicycle facilities, and CDOT is expected to begin construction of
this project after July 1, 2018 (the “Project”); and
WHEREAS, the Project will also include certain urban design improvements requested
by the City that are typically required under the City’s development standards (the “Urban
Design Features”); and
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WHEREAS, the Project and the Urban Design Features will provide significant public
benefits to the City and its residents, and they will benefit the Property Owners by materially
increasing the value of their Properties; and
WHEREAS, CDOT estimates that the total cost of the Project, as originally proposed by
it, will be approximately $24 million, but it has indicated that it will only provide $12 million to
fund the Project, leaving a $12 million deficit; and
WHEREAS, the Urban Design Features planned by the City will add an additional $7
million to the cost of the Project, bringing the total Project cost to $31 million; and
WHEREAS, CDOT has asked the City to participate in the Project by funding the $12
million deficit originally identified by CDOT, but the City is only willing to consider funding
this deficit if the additional $7 million of Urban Design Features are included in the Project and
if the Property Owners share in funding this $19 million deficit; and
WHEREAS, the City has also asked Timnath to share in funding this deficit because
Timnath will also experience significant public benefits from the Project; and
WHEREAS, the City and Timnath have been negotiating a separate agreement under
which Timnath would reimburse the City for up to $2.5 million of the $19 million deficit to be
paid over a twenty (20) year period, thereby leaving a $16.5 million deficit (the “Remaining
Deficit”); and
WHEREAS, the City and the Property Owners have negotiated the “Memorandum of
Understanding Pertaining to Development of Interstate Highway 25 and Prospect Road
Interchange” attached as Exhibit “A” and incorporated by reference (the “MOU”); and
WHEREAS, the City and the Property Owners acknowledge in the MOU that the MOU
is not a binding agreement, but that they nevertheless intend to cooperate in good faith to
negotiate and enter into a binding agreement under which the parties would agree to equally
share in the payment of the Remaining Deficit; and
WHEREAS, the MOU contemplates that the City and the Property Owners will equally
share the Remaining Deficit by the Property Owners agreeing to reimburse the City over time a
collective fifty-percent (50%) share estimated to be approximately $8.25 million, plus interest,
(the “Shared Deficit”) to be paid from a combination of property tax, public improvement fees
(“PIF”) and other fees imposed on and collected from future development occurring on the
Properties as provided in the service plan of a proposed metropolitan district to be organized
under the Colorado Special District Act (the “District Act”) identified in the MOU as the “I-
25/Prospect Interchange Metro District” (the “I-25/Prospect Interchange Metro District”); and
WHEREAS, the MOU also contemplates that the City will credit against the Property
Owners’ portion of the Shared Deficit the value of the Property Owners’ land dedicated to
CDOT for the Project and the Urban Design Features and a share of the transportation capital
expansion fees anticipated to be paid to the City under Fort Collins Code Section 7.5-32 related
to the future development of the Properties (the “Owners’ Share”); and
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WHEREAS, the Property Owners also wish to form other metropolitan districts under the
District Act to use to construct and fund some or all of the basic public infrastructure needed in
the future development of their individual Properties, whether such development is commercial
or residential, and for maintenance of such infrastructure and for all other purposes allowed by
the District Act and the approved service plans (the “Development Metro Districts”); and
WHEREAS, the I-25/Prospect Interchange Metro District and the Development Metro
Districts shall be collectively referred to as the “Metro Districts”; and
WHEREAS, the Metro Districts cannot be created under the District Act without the
Council of the City of Fort Collins (the “City Council”) approving a service plan for each of the
Metro Districts (each a “Service Plan” and collectively “Service Plans”) which, together with the
District Act, will govern the operation of the Metro Districts and their authority to impose,
collect, spend and pledge property taxes and fees; and
WHEREAS, the Service Plans will also delineate the type of basic public infrastructure
and services the Metro Districts will be authorized to provide and how the Metro Districts will
cooperate with each other, the City and the Property Owners to fund regional and local
infrastructure; and
WHEREAS, the Property Owners are further willing, subject to the City Council’s
approval of the Service Plans, to record against their respective Properties for the benefit of a
party to be determined in accordance with applicable law, a covenant, free and clear of all prior
liens and encumbrances, except real property taxes, imposing a PIF at a rate from 0.5 % to 1.0%,
net of any administrative fees for collection, on all future retail sales on the Properties that are
also subject to the City’s sales tax under Article III of City Code Chapter 25, (the “PIF
Covenant”) and for that collected PIF to be irrevocably pledged, either in the PIF Covenant itself
or in a separate assignment and pledge document executed by the original beneficiary of the PIF
Covenant, for the payment of the Owners’ Share; and
WHEREAS, the actual amounts of the PIF, fees and property tax that are contemplated to
be paid to the City on an annual basis for the Owners’ Share will be calculated based on a payout
of approximately twenty (20) years; and
WHEREAS, the City Council hereby finds that the MOU is necessary for the public’s
health, safety and welfare and is in the best interests of the City and its residents, businesses and
public and private organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the MOU is hereby approved and the Mayor is authorized to execute
it substantially in the form attached as Exhibit “A”, together with such revisions and
amendments as the City Manager, in consultation with the City Attorney, determines to be
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necessary and appropriate to protect the interests of the City or to effectuate the purposes of
this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
2nd day of January, A.D. 2018.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Packet Pg. 305
MEMORANDUM OF UNDERSTANDING PERTAINING TO DEVELOPMENT OF
INTERSTATE HIGHWAY 25 AND PROSPECT ROAD INTERCHANGE
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _____ day
of January, 2018, (this “MOU”) by and between the City of Fort Collins, Colorado, a Colorado
home rule municipality (the “City”); Fort Collins/I-25 Interchange Corner, LLC, a Colorado
limited liability company (“FCIC”); Gateway at Prospect Apartments, LLC, a Colorado limited
liability company (“GAPA”); Land Acquisition and Management, LLC, a Colorado limited
liability company (“LAAM”) representing a group of tenants in common (collectively, the
“LAAM Owners”); Paradigm Properties LLC, a California limited liability company
(“Paradigm”); and Colorado State University Research Foundation, a Colorado non-profit
corporation (“CSURF”). The City, FCIC, GAPA, the LAAM Owners, Paradigm and CSURF
shall hereafter be collectively referred to as the “Parties.”
RECITALS
WHEREAS, the interchange at Interstate Highway 25 and Prospect Road (the
“Interchange”) is owned by the State of Colorado and operated and maintained by the Colorado
Department of Transportation (“CDOT”); and
WHEREAS, the Interchange is within the City’s boundaries and adjacent to its four (4)
corners are several undeveloped parcels of privately-owned land, which parcels are also within the
City’s boundaries; and
WHEREAS, FCIC is the fee title owner of a parcel of land adjacent to the northwest corner
of the Interchange, which parcel is legally described and depicted in the attached Exhibit “A”
incorporated herein (the “FCIC Parcel”); and
WHEREAS, GAPA is the fee title owner of a parcel of land adjacent to the northwest
corner of the Interchange, which parcel is legally described and depicted in the attached Exhibit
“B” incorporated herein (the “GAPA Parcel”); and
WHEREAS, the LAAM Owners are the fee title owners of the three (3) parcels of land
adjacent to the northeast corner of the Interchange, which parcels are legally described and
depicted in the attached Exhibit “C” incorporated herein (the “LAAM Owners Parcels”); and
WHEREAS, Paradigm is the fee title owner of the two (2) parcels of land adjacent to the
southeast corner of the Interchange, which parcels are legally described and depicted in the
attached Exhibit “D” incorporated herein (the “Paradigm Parcels”); and
WHEREAS, CSURF is the fee title owner of the two (2) parcels of land adjacent to the
southwest corner of the Interchange, which parcels are legally described and depicted in the
attached Exhibit “E” incorporated herein (the “CSURF Parcels”); and
WHEREAS, hereafter, FCIC, GAPA, the LAAM Owners, Paradigm and CSURF shall be
collectively referred to as the “Property Owners” and the FCIC Parcel, GAPA Parcel, the LAAM
Owners Parcels, Paradigm Parcels and CSURF Parcels shall be collectively referred to as the
“Properties”; and
EXHIBIT A
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
2
WHEREAS, CDOT has notified the City that it is planning a project to significantly modify
and improve the Interchange by reconstructing its ramps and bridge and by reconstructing Prospect
Road to a configuration with four (4) through lanes, a raised median, left turn lanes and pedestrian
and bicycle facilities, with this work to include certain enhanced urban design elements, and
expected to begin construction after July 1, 2018 (the “Project”); and
WHEREAS, the Project will provide significant public benefits to the City and its residents,
and it will benefit the Property Owners by materially increasing the value of the Properties; and
WHEREAS, the City, the Property Owners and the Town of Timnath, Colorado
(“Timnath”) intend to share in the cost of certain urban design improvements in the Project
required under the City’s development standards (the “Urban Design Features”); and
WHEREAS, CDOT estimates that the total cost of the Project, as originally proposed by
it, will be approximately $24 million, but it has indicated that it will only provide $12 million to
fund the Project, leaving a $12 million deficit; and
WHEREAS, the Urban Design Features planned by the City will add an additional $7
million to the cost of the Project, bringing the total Project cost to $31 million; and
WHEREAS, CDOT has asked the City to participate in the Project by funding the $12
million deficit originally identified by CDOT, but the City is only willing to consider funding this
deficit if the additional $7 million of Urban Design Features are included in the Project and if the
Property Owners share in funding this $19 million deficit; and
WHEREAS, the City has also asked Timnath to share in funding this deficit because
Timnath will also experience significant public benefits from the Project; and
WHEREAS, the City and Timnath are attempting to negotiate a separate agreement in
which Timnath would reimburse the City for $2.5 million of the $19 million deficit to be paid over
a twenty (20) year period, a copy of which agreement is attached as Exhibit “F” and incorporated
herein, (the “Timnath Agreement”) thereby leaving a $16.5 million deficit (the “Remaining
Deficit”); and
WHEREAS, the City and the Property Owners have agreed to equally share the Remaining
Deficit by the Property Owners agreeing to reimburse the City over time a collective fifty-percent
(50%) share estimated to be approximately $8.25 million, plus interest as hereinafter provided,
from a combination of property tax, public improvement fees (“PIF”) and Project Fees (defined
below), as will be set forth in the service Plan of the I-25/Prospect Interchange Metro District
(defined below), imposed on and collected from development occurring on the Properties (the
“Shared Deficit”); and
WHEREAS, the City has also agreed, as described in Sections 3 and 4 below, to credit
against the Property Owners’ portion of the Shared Deficit the value of the Property Owners’ land
dedicated to CDOT for the Project, including the dedication of rights of way for the Project and
Urban Design Features, and a share of the transportation capital expansion fees that are anticipated
to be paid to the City pursuant to Fort Collins Code Section 7.5-32 related to the future
development of the Properties (the “Owners’ Share”); and
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
3
WHEREAS, the Property Owners wish to fund their payment of the Owners’ Share by
including all of the Properties in a master metropolitan district (the “I-25/Prospect Interchange
Metro District”), which will be created, organized and operated under Title 32 of the Colorado
Revised Statutes (“District Act”); and
WHEREAS, the Property Owners also wish to use other metropolitan districts to construct
and fund some or all of the basic public infrastructure that will be needed in connection with the
future development of their individual Properties, whether such development is commercial or
residential in nature, as well as for maintenance of such infrastructure and for all other purposes
allowed by the District Act (the “Development Metro Districts”); and
WHEREAS, the I-25/Prospect Interchange Metro District and the Development Metro
Districts shall be collectively referred to herein as the “Metro Districts”; and
WHEREAS, because the formation of each of the Metro Districts contemplated hereby will
affect the development and tax base of the Properties and will provide funding for the Project and
other public improvements, each of the Metro Districts will contribute to essential regional and
local public infrastructure that will have significant community benefits, including the provision
of transportation improvements within the City; and
WHEREAS, under the District Act the Metro Districts cannot be created without the
Council of the City of Fort Collins (the “City Council”) approving a service plan for each of the
Metro Districts (each a “Service Plan” and collectively “Service Plans”) which, together with the
District Act, will govern the operation of the Metro Districts and, among other things, their
authority to impose, collect, spend and pledge property taxes and Project and District Fees; and
WHEREAS, the Service Plans will also delineate the type of basic public infrastructure
and services the Metro Districts are authorized to provide and how the Metro Districts are intended
to cooperate with each other, the City and the Property Owners to fund regional and local
infrastructure; and
WHEREAS, the Property Owners are further willing, subject to the City Council’s
approval of the Service Plans, to record against their respective Properties for the benefit of a party
to be determined in accordance with applicable law, a covenant, free and clear of all prior liens
and encumbrances, except real property taxes, imposing a PIF at a rate from 0.5 % to 1.0%, net of
any administrative fees for collection, on all future retail sales on the Properties that are also subject
to the City’s sales tax under Article III of City Code Chapter 25, (the “PIF Covenant”) and for
that collected PIF to be irrevocably pledged, either in the PIF Covenant itself or in a separate
assignment and pledge document executed by the original beneficiary of the PIF Covenant, for the
payment of the Owners’ Share; and
WHEREAS, the actual amounts of the PIF, Project Fees and property tax to be paid to the
City on an annual basis for the Owners’ Share will be calculated based on a payout of
approximately twenty (20) years; and
WHEREAS, this MOU sets forth the Parties’ understanding of how the Owners’ Share will
be funded and paid over time to the City from the sources identified herein.
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
4
NOW, THEREFORE, the Parties hereby set forth their acknowledgements, understandings
and intentions under this MOU:
1. Purpose. The Parties acknowledge and agree that, except as specifically set forth below,
the purpose of this MOU is not to bind the Parties to any obligation but to set forth the Parties’
intention to cooperate in good faith to negotiate a binding agreement under which the Property
Owners will pay the Owners’ Share to the City (the “Binding Agreement”), including how the
Property Owners intend to use the Metro Districts to pay eligible Project and other public
improvement costs.
2. Metro Districts.
a. The Parties agree that the Binding Agreement will set out the process and timeline
by which the Property Owners will submit to the City a Service Plan for each of the
Metro Districts for City staff review and City Council’s subsequent formal
consideration. Nothing contained herein or in the Binding Agreement shall be
deemed to limit the discretion of the City Council in the public hearing process as
it considers resolutions of approval of the Service Plans. Each Property Owner may
prepare Service Plans and petition the formation of Development Metro Districts
as separate “taxing” and “service” districts. Such Service Plans shall be consistent
with and satisfy the requirements of the District Act and include, without limitation,
the following provisions:
i. Authority for the Development Metro Districts to impose a property tax levy
of up to 80 mills less the amount of the Project Mill Levy (defined below)
on the Properties and all other taxable property within the boundaries of the
Development Metro Districts to be used to fund the construction, operation
and maintenance of public improvements, including basic infrastructure,
related to the future development of the Properties (the “Development Mill
Levy”);
ii. Authority for the I-25/Prospect Interchange Metro District to impose a
property tax mill levy at a rate not less than 5.0 mills nor greater than 10.0
mills, net of administrative costs of collection, on the Properties and all
other taxable property within the boundaries of the I-25/Prospect
Interchange Metro District (the “Project Mill Levy”).
iii. Authority for the I-25/Prospect Interchange Metro District to impose
development fees on future development on the Properties in amounts
agreed to in the Binding Agreement, in an amount to be determined but not
to exceed $5,000 per net developable acre, payable at the time of issuance
of each vertical development permit, (“Project Fees”) and to enter into an
intergovernmental agreement with the City to irrevocably pledge all of the
revenues from the Project Mill Levy, the Project Fees and the PIF received
by the I-25/Prospect Interchange Metro District to the payment of the costs
of the Project in an amount not greater than the Owners’ Share (the “Capital
Pledge Agreement”). The Parties agree to proceed in good faith to
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
5
negotiate substantially final forms of the Capital Pledge Agreement and the
Binding Agreement for attachment as exhibits to the Service Plan for the I-
25/Prospect Interchange Metro District, giving specific attention to (a) the
method of calculation and adjustment, if any, of the Owners’ Share, (b) the
timing, duration, and terms of payment from the above-referenced sources
of the obligation of the I-25/Prospect Interchange Metro District under the
Capital Pledge Agreement; and (c) the effect of delays, if any, in the
issuance and publication by the Federal Emergency Management Agency
of a final Letter of Map Revisions for the Boxelder Creek Drainage upon
such payments. The Binding Agreement and the Service Plans will also
reserve to each Metro District the right to charge additional fees or charges
for services, programs or facilities furnished by such Metro Districts in
addition to those identified herein as being related to the Project (“District
Fees”), the revenue from which shall not be pledged to the City;
iv. Condition that the I-25/Prospect Interchange Metro District must submit a
ballot issue to its electorate at a May 8, 2018, organizational election that
complies with all applicable requirements of Colorado’s Taxpayer’s Bill of
Rights (known as “TABOR”) and any other applicable law in order to
authorize the I-25/Prospect Interchange Metro District to impose the Project
Mill Levy and to approve the Capital Pledge Agreement as a binding
multiple-fiscal year obligation for payment of the Owners’ Share from all
or any combination of proceeds of the Project Mill Levy, the Project Fees
and the portion of the PIF received by the I-25/Prospect Interchange Metro
District, and the voters of the I-25/Prospect Interchange Metro District must
approve such ballot issue;
v. Condition that the Development Metro Districts cannot impose any of the
Development Mill Levy, impose any Project or District Fees or issue any
debt unless and until the I-25/Prospect Interchange Metro District and the
City have entered into the Capital Pledge Agreement;
vi. Condition that the Development Metro Districts cannot impose any of the
Development Mill Levy, impose any Project or District Fees or issue any
debt without the Property Owners recording against each of their respective
Properties the PIF Covenant, in a form first approved by and acceptable to
the City, to be in effect until the Owners’ Share is paid in full to the City;
vii. Condition that the Capital Pledge Agreement shall not be entered into and
no Project Mill Levy or Project or District Fees shall be imposed or
collected unless and until any proposed Metro District Service Plans,
containing the authorities referenced above, that have been duly filed with
the City are approved as contemplated in this MOU;
viii. Requirement that the Project Mill Levy and the Project Fees collected by
the I-25/Prospect Interchange Metro District to pay the Owners’ Share as
required by the Capital Pledge Agreement shall expire when the Owners’
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
6
Share is paid in full to the City. The Property Owners and/or each
Development Metro District shall retain the right to continue to impose,
collect, receive and apply the PIF and any District Fees deemed appropriate
by such Property Owner and/or Development Metro District to the extent
authorized in the Service Plans and the District Act; and
ix. Requirement that the I-25/Prospect Interchange Metro District and its right
to impose taxes and fees shall terminate upon the payment in full of the
Owners’ Share.
3. Property Owners’ Right-of-Way Credit. The Parties understand that CDOT will be
seeking to acquire from one or more of the Property Owners portions of their Properties to be used
as right-of-way for the Project (“Project ROW”). The Binding Agreement will provide that
affected Property Owners may elect, in lieu of collecting direct compensation from CDOT, to
dedicate their portion of the Project ROW compensation to CDOT and the value of that dedication
will be applied as a credit against the Owners’ Share (“ROW Credit”). The value of the ROW
Credit is not currently known by the Parties, but is currently estimated to be within a range of
$500,000 to $1,000,000. The agreed value of the ROW Credit (solely for purposes of the Binding
Agreement) will be addressed in the Binding Agreement. None of the Property Owners intends,
by the execution of this MOU or any document contemplated hereby, to waive its rights to full and
just compensation for the taking of its property or to due process with respect to such right of way
acquisition.
4. Property Owners’ Credit for Transportation Capital Expansion Fees. The City
currently has $1.4 million of transportation capital expansion fee revenues (“TCEFs”) available
to help fund this Project. In recognition of the TCEFs that the Property Owners are likely to pay
to the City when they develop their Properties, the City is willing to agree in the Binding
Agreement to credit one half of these available TCEFs, or $700,000, to the payment of the Owners’
Share, so long as the Property Owners are not in default of any applicable terms and conditions of
the Binding Agreement (“TCEF Credit”).
5. Owners’ Share after Credits. The Parties anticipate that if the Binding Agreement grants
to the Property Owners a ROW Credit of $500,000 and the TCEF Credit of $700,000, the
remaining balance of the Owners’ Share will be approximately $7.05 million plus interest as
provided in paragraph 6 below.
6. I-25/Prospect Interchange Metro District’s Obligation to Fund Owners’ Share. The
Project Mill Levy, the Project Fees and any PIF revenues received by the I-25/Prospect Metro
District shall be imposed, secured and collected in the manner provided by law, and the revenues
derived from such taxes and fees shall be pledged pursuant to the Capital Pledge Agreement for
payment of the Owners’ Share. The obligation of the I-25/Prospect Interchange Metro District to
pay the Owners’ Share under the Capital Pledge Agreement shall be approved by the electors of
the I-25/Prospect Interchange Metro District as provided in Section 2(a)(iv) hereof and shall
constitute the unconditional, valid and binding limited tax general obligation of the I-25/Prospect
Interchange Metro District, secured by its covenant to impose general ad valorem property taxes
at a rate not to exceed 10.0 mills in each year, net of administrative costs of collection, together
with the proceeds of PIFs and other available funds and revenues to pay an amount equal to each
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
7
annual installment of the Owners’ Share identified in the Capital Pledge Agreement. Nothing
herein prevents agreements among the Property Owners for the allocation or sharing of all or a
portion of the Owners’ Share, provided that any agreement among and between the Property
Owners or among and between the Metro Districts for the allocation of liability or rights of
contribution for payment of the Owners’ Share, will be pursuant to separate agreement(s) to which
the City will not be a party nor bound to in any way. In the event that revenues allocated in the
Capital Pledge Agreement to pay any annual installment of the Owners’ Share are not sufficient,
the unpaid amount of that installment shall accrue interest from the date payment is due until paid
at the interest rate the City charges under its “Inter-agency Loan Program” found in Section 8.8 of
its “Financial Management Policy 8.”
7. Future Negotiations. Upon the full execution of this MOU, the Parties intend to proceed
diligently and in good faith to negotiate the Binding Agreement consistent with the
acknowledgements, understandings and intentions stated in this MOU. The primary
representatives and legal counsel in these negotiations for the City and each of the Property Owners
shall be those persons designated in Section 10(a). It is the Parties’ intention to complete these
negotiations and enter into the Binding Agreement by March 7, 2018.
8. Capped Costs. The Parties acknowledge and agree that for purposes of the Property
Owners’ obligations under this MOU, the Binding Agreement and all other agreements
contemplated herein, total Project cost and the total cost of the Urban Design Feature shall be
capped at the amounts set forth in the Recitals.
9. Miscellaneous.
a. Representatives and Notice. The Parties’ respective designated representatives and
legal counsel for negotiations and communications concerning the Binding
Agreement, and their contact information, are as follows:
For the City: Mike Beckstead
Chief Financial Officer
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80524
970-221-6795
mbeckstead@fcgov.com
John Duval
Deputy City Attorney
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80524
970-416-2488
jduval@fcgov.com
For FCIC and GAPA: Fort Collins/I-25 Interchange Corner, LLC and/or
1
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
8
Gateway at Prospect Apartments, LLC
c/o Neihart Land Company, LLC
580 Hidden Valley Road
Colorado Springs, CO 80919
Attn: R. Tim McKenna
719-641-6527
tim.mckenna@neihartland.com
With a copy to: Brownstein Hyatt Farber Schreck, LLP
410 17
th
Street, Suite 2200
Denver, CO 80202
Attn: Carolynne C. White, Esq.
303-223-1197
CWhite@BHFS.com
For LAAM: Land Acquisition and Management, LLC
#4 West Dry Creek Cr, Suite 100
Littleton, CO 80120
Attn: Rick White
303-601-5463
rwhite@laam.biz
With a copy to: Kutak Rock LLP
1801 California Street, Suite 3100
Denver, Colorado 80202
Attn: Daniel C. Lynch, Esq.
303-292-7875
dan.lynch@kutakrock.com
And a copy to: Kutak Rock LLP
1801 California Street, Suite 3100
Denver, Colorado 80202
Attn: Robert C. Roth, Jr., Esq.,
(303) 292-7802
Robert.RothJr@KutakRock.com
For Paradigm: Paradigm Properties, LLC
2300 Knoll Drive, Suite A, 2
nd
Floor
Ventura, CA 93003
Attn: Jeffrey Hill
jeffreyahill@gmail.com
With a copy to: Kutak Rock LLP
1801 California Street, Suite 3100
Denver, Colorado 80202
Attn: Daniel C. Lynch, Esq.
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9
303-292-7875
dan.lynch@kutakrock.com
For CSURF: Colorado State University Research Foundation
2537 Research Boulevard, Suite 200
Fort Collins, CO 80526
Attn: Rick Callan
Senior Real Estate Analyst
970-492-4502
Rick.Callan@colostate.edu
With a copy to: Colorado State University Research Foundation
2537 Research Boulevard, Suite 200
Fort Collins, CO 80526
Attn: Donna Baily, Esq.
Senior Legal Counsel
970-492-4506
Donna.Baily@colostate.edu
b. Execution in Counterparts and Facsimile Signatures. This MOU may be
executed in multiple counterparts and with facsimile signatures; each of which
will be deemed an original and all of which taken together will constitute one and
the same memorandum of understanding.
c. Recordation of Agreement. This MOU shall not be recorded in the office of the
Larimer County Clerk and Recorder.
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
IN WITNESS WHEREOF, the Parties have executed this MOU as the date and year first
above written.
FCIC:
FORT COLLINS/I-25 INTERCHANGE CORNER, LLC,
a Colorado limited liability company
By: MCKENNA MANAGEMENT, LLC,
a Colorado limited liability company
its co-Manager
By: _____________________________
Name: R. Tim McKenna
Title: Manager
[Signatures continue on following page(s)]
1
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
GAPA:
GATEWAY AT PROSPECT APARTMENTS, LLC,
a Colorado limited liability company
By: MCKENNA MANAGEMENT, LLC,
a Colorado limited liability company
its co-Manager
By: _____________________________
Name: R. Tim McKenna
Title: Manager
[Signatures continue on following page(s)]
1
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
LAAM:
LAND ACQUISITION AND MANAGEMENT, LLC,
a Colorado limited liability company, as representative of
100% of the ownership interests in the LAAM Owners Parcels
By: ______________________________
Name: ____________________________
Title: Manager
[Signatures continue on following page(s)]
1
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
Paradigm:
PARADIGM PROPERTIES, LLC,
a California limited liability company
By: ______________________________
Name: Jeffrey A. Hill
Title: Managing Member
[Signatures continue on following page(s)]
1
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
CSURF:
COLORADO STATE UNIVERSITY RESEARCH FOUNDATION,
a Colorado nonprofit corporation
By: ______________________________
Name: Kathleen Henry
Title: CEO and President
1
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Attachment: Exhibit A (6337 : I-25/Prospect Interchange - MOU with Property Owners RESO)
Agenda Item 20
Item # 20 Page 1
AGENDA ITEM SUMMARY January 2, 2018
City Council
STAFF
Mike Beckstead, Chief Financial Officer
John Duval, Legal
Cyril Vidergar, Legal
SUBJECT
Items Relating to Broadband Facilities and Services.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 010, 2018, Appropriating Prior Year Reserves in the General Fund as a
Loan to the Light and Power Fund for the Electric Utility’s First Year Operations and Maintenance Costs for
Telecommunication Facilities and Services.
B. First Reading of Ordinance No. 011, 2018, Amending the Code of the City of Fort Collins to Authorize and
Implement the City’s Provision of Telecommunication Facilities and Services as Provided in City Charter
Article XII, Section 7.
The City has been engaged in a multi-year process of research, due diligence, and community engagement
that resulted in two successful ballot measures. The first in November 2015 gave the City the authority to
provide high-speed broadband services to the community, the second, in November 2017 added telecom
activity to the City Charter and demonstrated support for borrowing up to $150 million to provide fiber to the
premise infrastructure.
At the November 28, 2017, Council Work Session discussion concerning the City’s Broadband updates,
including an estimated timeline, major milestones, appropriation and governance recommendations, staff
highlighted the need to dedicate resources to support further development and details associated with a
Municipal Retail model.
Staff is requesting $1.8M of funding to be appropriated to support first year start-up costs associated with
recruiting and hiring personnel, consulting, equipment, and branding to support the initiative. Funding would
come from the General Fund as a loan to the Light and Power Fund as start-up funding until bonds can be
issued to support the total broadband build out. The bonds will be structured allowing a planned repayment to
the General Fund of start-up costs supported by this appropriation. The reserves will be restored from the
proceeds of the bond issuance, pending the Council’s adoption of the corresponding bond ordinance (currently
scheduled for the March 20 and April 3 meetings).
To evidence the repayment of this loan, the City Council, acting as the Electric Utility Enterprise Board, will be
considering an ordinance in a separate agenda item at this meeting which will agree to and direct the
repayment of this loan to the General Fund when the bond proceeds are received.
In addition, certain City Code changes are needed to authorize the City Electric Utility to begin implementing its
provision of broadband facilities and services and to receive and expend the General Fund loan through the
Light and Power Fund. These changes are proposed in Ordinance No. 011, 2018, which accompanies this
agenda item.
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Agenda Item 20
Item # 20 Page 2
The changes in Ordinance No. 011, 2018, relate to the Charter amendment the voters approved this past
November that grants to Council the power to authorize the Electric Utility to acquire, construct, provide, fund
and contract for telecommunication facilities and services and that grants to the Enterprise of the Electric Utility
the power to issue bonds to fund these facilities and services. These changes also include assigning to the
City Manager the direct responsibility to administer and supervise the Electric Utility’s provision of broadband
facilities and services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
In 2016, following the passage of a ballot measure on November 3, 2015, authorizing the City to deliver high-
bandwidth internet and telecommunication services, the City identified access to broadband as a strategic
objective. The 2016 Strategic Plan Objective 3.9 states - “Encourage the development of reliable high-speed
internet services throughout the community.”
Additional benefits sought through the broadband plan include:
• Competitive pricing (residential market pricing at $70/month or less for 1 Gbps and an affordable internet
tier);
• Universal coverage across the Growth Management Area;
• Underground service for improved reliability; and
• Timely implementation to providing services within a reasonable timeframe (less than five years).
Implementing a municipal broadband operation will require a multiphase/multi-year approach and will include
needed personnel, equipment, workspace and assets (fiber, equipment, etc.). First year O&M start-up costs,
estimated at $1.8 million, will be appropriated from the General Fund and ultimately reimbursed from the bond
proceeds later in the year.
Timeline
Following the appropriation of the $1.8M startup operational costs initial work would include:
Months 1 - 5
• Issue Request for Proposals (RFPs), interview and negotiate contracts. RFPs to be released include, but
are not limited to:
o Engineer/design
o Combined Computer Information System
o Construction
o Hardware/equipment
• Recruitment and staffing (prioritization of key personnel)
o Broadband Director
o Sr. Network Engineer
o Marketing Manager
o Outside Plant Manager
o Additional staffing
• Code updates/modifications with City Attorney’s Office
• Bond Issuance (target close - Month 5)
• Branding, Marketing and Sales Plan (continuous)
Month 6+
• Begin engineering/design work
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Agenda Item 20
Item # 20 Page 3
• Implementation of CIS system (billing/customer relationship management tool)
• Commence construction (Month 10+)
• Customer connections (estimated at Month 18)
Figure 1
($ 000's)
Q1 Q2 Q3 Q4
Full Time Equivalent 1.3 5.0 7.0 13.0
Quarter End Headcount 4.0 7.0 7.0 17.0
Personnel $ 43 $ 148 $ 187 $ 295 $ 672
Consulting 120 120 88 88 415
Branding/Web Site 63 63 30 30 185
Legal 50 30 20 20 120
Office & Equipment 45 49 63 92 248
Contingency 50 50 30 30 160
Total O&M $ 370 $ 459 $ 417 $ 554 $ 1,800
2018
Full Year
The current purposes for which electric utility funds may be spent under the City Code and direction of electric
utility services need to be amended to allow for timely deployment of broadband facilities and services.
Corresponding changes to expand the scope of approved electric utility enterprise funds spending and
direction of broadband utility services as a division of the electric utility are set forth in the accompanying
Ordinance. The Ordinance also temporarily authorizes the City Manager to act as director of such services,
without regard to existing provisions of the City Code that vest such authority in the Utilities Executive Director.
This arrangement will allow for the most expedited creation and funding for new broadband facilities and
services until a more formal utility structure can be established.
CITY FINANCIAL IMPACTS
Initial start-up costs, estimated at $1.8 million, will be appropriated from the General Fund and ultimately
reimbursed from the bond proceeds. The reserves will be restored from the proceeds of the bond issuance,
pending the Council’s adoption of the corresponding bond ordinance scheduled for the March 20 and April 3
meetings. The General Fund currently has sufficient unassigned reserves to support this appropriation.
The planned debt issuance is backed by revenue bonds issued by Utilities Light and Power (L&P). Revenue
bonds are municipal bonds that are secured by L&P revenue and rate-making capacity. Currently, staff
anticipates the issuance of two series of bonds: Series A, which have a three-year expenditure requirement
and pay tax-exempt interest; Series B can be carried forward for a longer period of time and pay taxable
interest.
ATTACHMENTS
1. Powerpoint presentation (PDF)
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BROADBAND
January 2
2018
ATTACHMENT 1
20.1
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Attachment: Powerpoint presentation (6308 : Broadband Strategic Support Services - Year 1)
2
Macro Timeline From “Go”
Objective: Align key hires, vendors and contracts while working on bond issuance
to support aggressive timeline after bonds close
Month from "Go" Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Q1 Q2 Q3 Q4
Go Decision & Appropriation
Preparatory Work
Governance/Delgation Authority
Issue RFPs & Negotiate Contracts
Recruitment for Key Position
CAO Code Updates
Bond Issuance
Close on Bonds & Sign Contracts
Business Launch
Begin Staffing, Office, Policies, Operations
Begin Design work
Begin Billing/CRM system implementation
Begin mobilizing construction
Marketing & Sales plan development
First Customer Live
2018 2019
20.1
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Attachment: Powerpoint presentation (6308 : Broadband Strategic Support Services - Year 1)
3
2018 O&M Expenditures
($ 000's)
Q1 Q2 Q3 Q4
Full Time Equivalent 1.3 5.0 7.0 13.0
Quarter End Headcount 4.0 7.0 7.0 17.0
Personnel $ 43 $ 148 $ 187 $ 295 $ 672
Consulting 120 120 88 88 415
Branding/Web Site 63 63 30 30 185
Legal 50 30 20 20 120
Office & Equipment 45 49 63 92 248
Contingency 50 50 30 30 160
Total O&M $ 370 $ 459 $ 417 $ 554 $ 1,800
Total Capital $ 40 $ 1,755 $ 1,550 $ 1,490 $ 4,835
2018
Full Year
$1.8M Appropriation Funds First Year O&M….
Recruiting, Staff, Consulting, Code Changes, RFPs & Contract Negotiation
20.1
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Debt Issuance
• $132M Revenue Bonds issued by L&P
• Backed by revenue & rate making of L&P & current debt coverage capability
• Series A – Tax Exempt – 3 year spend requirement
• Series B – Taxable
• Structured to support reimbursement of GF $1.8M appropriation from
bond proceeds
• Timeline:
• RFP to select Underwriter issued December 28th
• Council Finance Review – special meeting late February
• First reading Bond Ordinance scheduled March 20th
• Anticipate proceeds on April 26th
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Attachment: Powerpoint presentation (6308 : Broadband Strategic Support Services - Year 1)
Overview
5
• Initial Start-up costs funded by GF Reserves
• Consistent with prior messaging – no tax revenue used to fund broadband
• First year of O&M included
• First year capital costs will be funded from bond proceeds
• GF Reserves will be replenished when bond proceeds are received
• Appropriation funds necessary activity and efforts while bond
issuance is in process
20.1
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ORDINANCE NO. 010, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AS A LOAN TO
THE LIGHT AND POWER FUND FOR THE ELECTRIC UTILITY’S FIRST YEAR
OPERATIONS AND MAINTENANCE COSTS FOR TELECOMMUNICATION FACILITIES
AND SERVICES
WHEREAS, at the November 28, 2017, City Council Work Session, there was a
discussion concerning the City’s broadband project, which included an estimated timeline,
major milestones, appropriation and governance recommendations, and City staff highlighted
the need to dedicate resources to support further development and details associated with a
municipal retail model for the City’s Electric Utility to start providing telecommunication
facilities and services; and
WHEREAS, in pursuit of that plan development, staff is requesting an appropriation of
$1.8 million from General Fund reserves to support first year start-up costs associated with
recruiting and hiring personnel, consulting, equipment, branding to support the initiative and
other operations and maintenance costs; and
WHEREAS, the General Fund reserves will be restored from the proceeds of the
Electric Utility Enterprise proposed bond issuance, pending the Council’s adoption of the
corresponding bond ordinance (currently scheduled for the March 20 and April 3 meetings),
acting as the Board of the Electric Utility Enterprise; and
WHEREAS, costs estimates are as follows:
($ 000's) Year 1 Full Year
Q1 Q2 Q3 Q4
Full Time Equivalent 4 5 7 13
Quarter End Headcount 4 7 7 17
Personnel $128 $148 $187 $295 $758
Consulting 120 120 88 88 415
Branding/Web Site 63 63 30 30 185
Legal 60 20 0 0 80
Office & Equipment 53 49 63 92 256
Contingency 25 25 25 25 100
Total Operations & Maintenance $449 $424 $392 $529 $1,794
Total Capital $40 $1,755 $1,550 $1,490 $4,835
; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the General Fund; and
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WHEREAS, this appropriation will serve the public purpose of providing a loan to the
City’s Electric Utility to help fund its start-up costs related to the Utility making
“telecommunications facilities and services,” as this term is defined in Section 7 of City Charter
Article XIII, available to its customers throughout the City; and
WHEREAS, the City Council hereby finds that the appropriation is necessary for the
public’s health, safety and welfare and is in the best interests of the City and its residents,
businesses, and public and private organizations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated from prior year reserves in the General
Fund the sum of ONE MILLION EIGHT HUNDRED THOUSAND DOLLARS
($1,800,000) as a loan to the Light and Power Fund to be expended for the Electric Utility’s
first year of operations and maintenance relating to telecommunications facilities and services.
This loan shall be repaid to the General Fund by the City’s Electric Utility Enterprise when the
Enterprise receives the proceeds from the revenue bonds the Enterprise is anticipated to issue
to fund the Electric Utility’s start-up costs for the provision of telecommunications facilities
and services. The loan repayment shall also include interest of two and three quarters percent
(2.75%).
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 330
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ORDINANCE NO. 011, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE AND
IMPLEMENT THE CITY’S PROVISION OF TELECOMMUNICATION FACILITIES AND
SERVICES AS PROVIDED IN CITY CHARTER ARTICLE XII, SECTION 7
WHEREAS, at a special election on November 3, 2015, City voters authorized the City
to provide high-speed internet services, including, without limitation, high-bandwidth broadband
services, telecommunications services, and/or cable television services within the City’s growth
management area; and
WHEREAS, at a special election on November 7, 2017, City voters approved an
amendment to the City Charter, which has added a new Section 7 to Charter Article XII
(“Section 7”); and
WHEREAS, paragraph (a) of Section 7 grants to the City Council certain powers related
to the City providing “telecommunications facilities and services,” including, without limitation,
“broadband Internet facilities and services,” as both these terms are defined in paragraph (f) of
Section 7 (“Telecommunication Facilities and Services”); and
WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 60, 1993
establishing the City’s Electric Utility as an enterprise of the City under Section 20 of Article X
of the Colorado Constitution (the “Electric Utility Enterprise”) by adding Section 26-392 to the
City Code; and
WHEREAS, this Ordinance adds a new Section 26-398 to Code Chapter 26 to implement
this authority granted in Section 7 by authorizing the Electric Utility to acquire, construct,
provide, fund and contract for Telecommunication Facilities and Services and by authorizing the
Electric Utility Enterprise to exercise the power to issue revenue bonds to fund the provision of
Telecommunication Facilities and Services as provided in paragraph (b) of Section 7; and
WHEREAS, this Ordinance also amends Code Sections 2-491, 2-504 and 26-21 to
delegate to the City Manager the direct responsibility to administer and supervise the Electric
Utility’s provision of Telecommunication Facilities and Services and to make other changes to
the administration of Utility Services in light of this new assignment of direct responsibility to
the City Manager; and
WHEREAS, because the Council has adopted on the same date as this Ordinance its
Ordinance No. 010, 2018, to appropriate $1.8 million from the City’s General Fund as a loan to
the City’s Light and Power Fund to be used by the Electricity Utility for its start-up costs related
to providing Telecommunication Facilities and Services, this Ordinance also amends Code
Section 8-77 to provide that the Electric Utility’s revenues, debt issuance proceeds and
expenditures related to Telecommunication Facilities and Services shall be deposited, expended
and administered through the City’s Light and Power Fund; and
WHEREAS, the City Council hereby finds that this Ordinance is necessary for the
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public’s health, safety and welfare and is in the best interests of the City and its residents,
businesses, and public and private organizations and of the Electric Utility’s ratepayers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2-491 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-491. - Executive—Office of the City Manager; duties of the City Manager.
The Office of the City Manager shall be under the direction of the City Manager, who shall be
responsible to the City Council for the proper administration of all affairs of the City and who
shall have all powers and duties assigned to the City Manager by the provisions of the Charter
and this Code. The offices and divisions of the Office of the City Manager shall be established
by the City Manager. Said offices and divisions, and the employees assigned thereto, shall be
responsible for such duties and functions as may be determined by the City Manager, provided
that such duties and functions are, in the discretion of the City Manager, reasonable and
necessary for the proper administration of the affairs of the City consistent with the
Charteradministrative organization of the City as established by the provisions of the Charter and
this Code.
Section 3. That Section 2-504 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-504. - Utility Services; duties of Director and City Manager.
(a) Utility Services shall be and is hereby created.
(b) Except as provided in paragraph (c) below, Utility Services shall be in the charge of a
Director who shall be directly responsible to the Deputy City Manager for the functions and
duties of Utility Services, including, without a limitation, the functions and duties necessary to
provide for the design, construction, reconstruction, addition, repair, replacement, operation and
maintenance of the City's electric, water, wastewater and stormwater utility services, and who
shall have control and supervision over such agencies, service units, departments, divisions,
offices or persons assigned by the Deputy City Manager.
(c) The City Manager shall have the direct responsibility and authority to administer and
supervise all functions and activities related to the electric utility’s provision of
“telecommunication facilities and services,” as this term in defined in Section 7(f) of Charter
Article XII. In exercising this authority, the City Manager may assign to other employees such
duties, assignments and functions as the City Manager determines necessary for the proper and
efficient administration of the electric utility in providing telecommunication facilities and
services.
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Section 4. That Section 8-77 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-77. - Light and power fund.
There is hereby created a fund to account for the City's municipal electric utility known as the
light and power fund. Revenues for the fund shall include bond and other debt issuance proceeds
and receipts from charges for electric facilities and services and from telecommunication
facilities and services. Expenditures shall be made for approved purposes in connection with
furnishing electric facilities and services and furnishing telecommunication facilities and
services. For purposes of this section, the term “telecommunication facilities and services” shall
have the meaning given to it in Section 7(f) of Charter Article XII.
Section 5. That Section 26-1 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-1. - Definitions.
The following words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section:
. . . .
Electric utility shall mean those departments of Utility Services which are in charge of
the distribution and sale of electricity in the City and the provision of telecommunication
facilities and services in the City.
Telecommunication facilities and services shall have the meaning given to it in Section
7(f) of Charter Article XII.
. . .
Section 6. That Section 26-21 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-21. - Organization.
. . .
(b) Except as provided in § 2-504 of this Code, Utilities Services shall be headed by the
Utilities Executive Director pursuant to § 2-506 of this Code.
Section 7. That a new Section 26-398 is hereby added to the Code of the City of Fort
Collins to read as follows:
Sec. 26-398. – Telecommunication facilities and services.
Packet Pg. 333
-4-
(a) To the full extent authorized in Section 7 of Charter Article XII, the electric utility is
authorized to acquire, construct, provide, fund and contract as necessary to provide
telecommunication facilities and services in the City, and to take such other actions as may be
necessary for the proper administration of said facilities and services. The City’s electric utility
enterprise is also authorized to issue revenue and refunding securities and other debt obligations
in the manner and to the full extent authorized in Section 7(b) of Charter Article XII and in Code
§ 26-392 to fund the electric utility’s provision of telecommunication facilities and services.
(b) The provisions of this § 26-398 shall supersede any contrary or conflicting provisions of
the Code, including, without limitation, provisions of this Chapter 26 specifying the authority,
funding, operation and supervision of the electric utility.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Packet Pg. 334
City of Fort Collins Page 1
Wade Troxell, President City Council Chambers
Gerry Horak, District 6, Vice President City Hall West
Bob Overbeck, District 1 300 LaPorte Avenue
Ray Martinez, District 2 Fort Collins, Colorado
Ken Summers, District 3
Kristin Stephens, District 4 Cablecast on FCTV, Channel 14
Ross Cunniff, District 5 and Channel 881 on the Comcast cable system
Carrie Daggett Darin Atteberry Delynn Coldiron
City Attorney Executive Director Secretary
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 (V/TDD: Dial
711 for Relay Colorado) for assistance.
Electric Utility Enterprise Board Meeting
January 2, 2018
(after the Regular Council Meeting)
• CALL MEETING TO ORDER
1. First Reading of Ordinance No. 002, Agreeing to, Authorizing and Directing the Repayment of the
$1.8 Million Loan from the General Fund for the Electric Utility's Startup Costs for its Provision of
Telecommunication Facilities and Services to be Repaid from the Proceeds of Revenue Bonds
Issued by the Enterprise to Fund Such Facilities and Services. (staff: Mike Beckstead; no staff
presentation; 10 minute discussion)
The purpose of this item is to present to the Electric Utility Enterprise Board (the “Board”) an
ordinance related to City Council’s Agenda Item 20 in which it is authorizing the General Fund to
loan $1.8 million to the Light & Power Fund to be used by the Electric Utility for its start-up costs to
provide telecommunication facilities and services. The Board’s Ordinance represents the
Enterprise’s agreement, authorization and direction to repay the $1.8 million, plus 2.75% interest, to
the General Fund when the Light & Power Fund receives the anticipated proceeds from the
Enterprise’s planned issuance of revenue bonds for the Electric Utility’s provision of
telecommunication facilities and services.
• OTHER BUSINESS
• ADJOURNMENT
ELECTRIC UTILITY ENTERPRISE
BOARD
Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY January 2, 2018
Electric Utility Enterprise Board
STAFF
Mike Beckstead, Chief Financial Officer
John Duval, Legal
SUBJECT
First Reading of Ordinance No. 002, Agreeing to, Authorizing and Directing the Repayment of the $1.8 Million
Loan from the General Fund for the Electric Utility's Startup Costs for its Provision of Telecommunication
Facilities and Services to be Repaid from the Proceeds of Revenue Bonds Issued by the Enterprise to Fund
Such Facilities and Services.
EXECUTIVE SUMMARY
The purpose of this item is to present to the Electric Utility Enterprise Board (the “Board”) an ordinance related
to City Council’s Agenda Item 20 in which it is authorizing the General Fund to loan $1.8 million to the Light &
Power Fund to be used by the Electric Utility for its start-up costs to provide telecommunication facilities and
services. The Board’s Ordinance represents the Enterprise’s agreement, authorization and direction to repay
the $1.8 million, plus 2.75% interest, to the General Fund when the Light & Power Fund receives the
anticipated proceeds from the Enterprise’s planned issuance of revenue bonds for the Electric Utility’s
provision of telecommunication facilities and services.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACTS
The $1.8 million loan from the General Fund will be repaid from the Light and Power Fund, together with
interest at 2.75%, with the proceeds that are received from the revenue bonds anticipated to be issued by the
Electric Utility Enterprise to fund the Electric Utility’s provision of telecommunication facilities and services.
1
Packet Pg. 2
-1-
ORDINANCE NO. 002
OF THE CITY OF FORT COLLINS ELECTRIC UTILITY ENTERPRISE BOARD
AGREEING TO, AUTHORIZING AND DIRECTING THE REPAYMENT OF THE $1.8
MILLION LOAN FROM THE GENERAL FUND FOR THE ELECTRIC UTILITY’S
STARTUP COSTS FOR ITS PROVISION OF TELECOMMUNICATION FACILITIES AND
SERVICES TO BE REPAID FROM THE PROCEEDS OF REVENUE BONDS ISSUED BY
THE ENTERPRISE TO FUND SUCH FACILITIES AND SERVICES
WHEREAS, on July 20, 1993, the City Council adopted Ordinance No. 060, 1993
establishing the City’s Electric Utility (the “Electric Utility”) as an enterprise of the City under
Section 20 of Article X of the Colorado Constitution (the “Enterprise”) and authorized the City
Council, acting as the board of the Enterprise (the “Enterprise Board”), to issue revenue bonds
and other debt obligations (including refunding securities) on behalf of the City, which
revenue bonds or other obligations are payable solely from the net revenues derived from the
operation of the Electric Utility; and
WHEREAS, at a special election on November 3, 2015, City voters authorized the City
to provide high-speed internet services, including, without limitation, high-bandwidth broadband
services, telecommunications services, and/or cable television services within the City’s growth
management area; and
WHEREAS, at a special election on November 7, 2017, City voters approved an
amendment to the City Charter, which has added a new Section 7 to Charter Article XII
(“Section 7”); and
WHEREAS, Section 7 grants to City Council the power, by ordinance and without a vote
of the electors, to authorize the Electric Utility to acquire, construct, provide, fund and contract
for “telecommunications facilities and services,” including, without limitation, “broadband
Internet facilities and services,” as both these terms are defined in paragraph (f) of Section 7
(“Telecommunication Facilities and Services”); and
WHEREAS. Section 7 also grants to the Enterprise the power to issue revenue bonds
and other debt obligations to fund the provision of Telecommunication Facilities and Services;
and
WHEREAS, at the November 28, 2017 City Council Work Session, there was a
discussion concerning the City’s project to provide such Telecommunication Facilities and
Services, which included an estimated timeline, major milestones, appropriation and
governance recommendations, and City staff highlighted the need to dedicate resources to
support further development and details associated with a municipal retail model for the
Electric Utility to start providing Telecommunication Facilities and Services; and
WHEREAS, in pursuit of that plan, staff has requested an appropriation of $1.8 million
from General Fund reserves be loaned to the Electric Utility to support first year start-up costs
associated with recruiting and hiring personnel, consulting, equipment, branding to support the
Packet Pg. 3
-2-
initiative and other operations and maintenance costs to begin providing Telecommunications
Facilities and Services; and
WHEREAS, City Council has, concurrently with this Enterprise Board Ordinance,
adopted Ordinance No. 010, 2018, appropriating $1.8 million from prior year reserves in the
General Fund as a loan to the Light and Power Fund (which Fund is established in City Code
Section 8-77) for the Electric Utility’s first year operations and maintenance costs for
Telecommunications Facilities and Services (the “General Fund Loan”); and
WHEREAS, it is intended that the General Fund Loan will be repaid by the Enterprise,
together with interest thereon at the rate of two and three quarters percent (2.75%) per annum,
from the proceeds of the Enterprise’s proposed revenue bond issuance (the “Enterprise
Bonds”), pending the Enterprise Board’s adoption of the corresponding bond ordinance
(currently scheduled for the March 20 and April 3, 2018 meetings); and
WHEREAS, the estimated costs to be funded by the General Fund Loan and repaid by
the Enterprise are as follows:
($ 000's) Year 1 Full Year
Q1 Q2 Q3 Q4
Full Time Equivalent 4 5 7 13
Quarter End Headcount 4 7 7 17
Personnel $128 $148 $187 $295 $758
Consulting 120 120 88 88 415
Branding/Web Site 63 63 30 30 185
Legal 60 20 0 0 80
Office & Equipment 53 49 63 92 256
Contingency 25 25 25 25 100
Total Operations & Maintenance $449 $424 $392 $529 $1,794
Total Capital $40 $1,755 $1,550 $1,490 $4,835
; and
WHEREAS, the Enterprise’s repayment of the General Fund Loan will serve the public
purpose of and benefit the ratepayers of the Electric Utility by enabling the Electric Utility to
fund start-up costs related to the Utility providing Telecommunications Facilities and Services to
its customers throughout the City as authorized by Section 7 of City Charter Article XIII; and
WHEREAS, the General Fund Loan and its repayment under this Ordinance is necessary
for the public’s health, safety and welfare and is in the best interests of the City and its residents,
businesses, and public and private organizations and the Electric Utility’s ratepayers.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF THE ELECTRIC
UTILITY ENTERPRISE BOARD OF THE CITY OF FORT COLLINS as follows:
Section 1. That the Enterprise Board hereby makes and adopts the determinations
and findings contained in the recitals set forth above.
Packet Pg. 4
-3-
Section 2. That the Enterprise Board hereby approves the Enterprise receiving from
the General Fund a loan to the Light and Power Fund in the amount of ONE MILLION
EIGHT HUNDRED THOUSAND DOLLARS ($1,800,000) to be expended for the
Electric Utility’s first year of operations and maintenance relating to Telecommunications
Facilities and Services.
Section 3. That the General Fund Loan, including the two and three quarters percent
(2.75%) interest accruing thereon, shall be repaid in full to the General Fund by the Enterprise
from the Light and Power Fund when the Enterprise receives the proceeds from the Enterprise
Bonds that it anticipates issuing to fund the Electric Utility’s start-up costs for the provision of
telecommunications facilities and services.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
January, A.D. 2018, and to be presented for final passage on the 16th day of January, A.D. 2018.
__________________________________
President
ATTEST:
_______________________________
Secretary
Passed and adopted on final reading on the 16th day of January, A.D. 2018.
__________________________________
President
ATTEST:
_______________________________
Secretary
Packet Pg. 5
Packet Pg. 297
Attachment: Exhibit A (6313 : I-25 / Prospect Interchange - IGA with CDOT RESO)
SH 119
CSU
TRANSFORT ROUTES
COLT ROUTES
EISENHOWER
US 287
LINCOLN
CLEVELAND
8TH
CANYON
PEARL
28TH
FOLSOM
COLORADO
18TH
15TH
EUCLID
UNIVERSITY
COLLEGE
RTD ROUTES
CU
BROADWAY
WALNUT
ARAPAHOE
RTD BOULDER
TRANSIT CENTER
BOULDER
LONGMONT
FORT COLLINS LOVELAND BERTHOUD
LONGMONT BOULDER
EFFECTIVE 08/21/17 Runs MONDAY - FRIDAY All Year Long
1641** 1642** 1643** 1644** 1454** 1457 1459 1661 1100 1105 1492 917
EUCLID &
18TH**
CANYON & 15TH
(DOWNTOWN BOULDER
STATION)**
PEARL & 30TH
(BOULDER JUNCTION) **
HOVER & VILLAGE
AT THE PEAKS MALL **
COFFMAN & 8TH
(ROOSEVELT PARK) **
MOUNTAIN &
2ND
LINCOLN &
8TH
LOVELAND
FOOD BANK
US 287 &
50TH
COLLEGE &
SKYWAY
SOUTH TRANSIT
CENTER (STC)
DOWNTOWN TRANSIT
CENTER (DTC)
----- ----- ----- ----- ----- ----- ----- 6:45 a 6:49 a 6:54 a 6:58 a -----
----- ----- ----- ----- 6:39 a 6:56 a 7:08 a 7:15 a 7:19 a 7:24 a 7:28 a -----
----- ----- ----- ----- 7:22 a 7: 39 a 7:51 a 8:00 a 8:04 a 8: 09 a 8:13 a -----
7:09 a 7:13 a 7:21 a 7:38 a 7:47 a ----- 8:12 a ----- ----- ----- 8:27 a 8:51 a
----- ----- ----- ----- ----- ----- ----- 8:48 a 8:52 a 8:57 a 9:01 a -----
----- ----- ----- ----- 8:29 a 8:46 a 8:58 a 9:07 a 9:11 a 9:16 a 9: 20 a -----
8:09 a 8:13 a 8:21 a 8:38 a 8:47 a ----- 9:12 a ----- ----- ----- 9:27 a 9:51 a
----- ----- ----- ----- ----- ----- ----- 9:48 a 9:52 a 9:57 a 10:01 a -----
----- ----- ----- ----- ----- ----- ----- 10:48 a 10:52 a 10:57 a 11:01 a -----
----- ----- ----- ----- 10:27 a 10:44 a 10:56 a 11:05 a 11:09 a 11:14 a 11:18 a -----
----- ----- ----- ----- ----- ----- ----- 11:48 a 11:52 a 11:57 a 12:01 p -----
----- ----- ----- ----- ----- ----- ----- 12:48 p 12:52 p 12:57 p 1:01 p -----
----- ----- ----- ----- ----- ----- ----- 1:48 p 1:52 p 1:57 p 2:01 p -----
----- ----- ----- ----- ----- ----- ----- 2:48 p 2:52 p 2:57 p 3:01 p -----
----- ----- ----- ----- ----- ----- ----- 3:48 p 3:52 p 3:57 p 4:01 p -----
3:18 p 3:25 p 3:34 p 3:53 p 4:02 p ----- 4:29 p ----- ----- ----- 4:44 p 5:09 p
----- ----- ----- ----- 4:10 p 4:29 p 4:41 p 4:48 p 4:52 p 4:58 p 5:02 p -----
----- ----- ----- ----- 5: 10 p 5:29 p 5: 41 p 5:50 p 5:54 p 6: 00 p 6:04 p -----
----- ----- ----- ----- 5:40 p 5:58 p 6:10 p 6:19 p 6:22 p 6:27 p 6:30 p -----
----- ----- ----- ----- ----- ----- ----- 6:43 p 6:47 p 6:53 p 6:56 p -----
5:30 p 5:38 p 5:47 p 6:04 p 6:13 p ----- 6:40 p ----- ----- ----- 6:57 p 7:20 p
----- ----- ----- ----- 6: 40 p 6:58 p 7: 10 p 7:14 p 7:17 p 7:22 p 7:25 p -----
----- ----- ----- ----- 7:16 p 7:34 p 7:46 p 7:50 p 7:53 p 7:58 p 8:01 p -----
7:20 p 7:26 p 7:33 p 7:50 p 7:59 p ----- 8:26 p ----- ----- ----- 8:41 p 9:02 p
BUS STOP NUMBER
NORTHBOUND
**Pick-up Only Locations Runs SATURDAY All Year Long
1454 1457 1459 1661 1100 1105 1492
COFFMAN & 8TH
(ROOSEVELT PARK)
MOUNTAIN &
2ND
LINCOLN &
8TH
LOVELAND
FOOD BANK
US 287 &
50TH
COLLEGE &
SKYWAY
SOUTH TRANSIT
CENTER (STC)
----- ----- ----- 6:48 a 6:52 a 6:57 a 7:01 a
----- ----- ----- 7:48 a 7:52 a 7:57 a 8:01 a
----- ----- ----- 8:48 a 8:52 a 8:57 a 9:01 a
----- ----- ----- 9:48 a 9:52 a 9:57 a 10:01 a
----- ----- ----- 10:48 a 10:52 a 10:57 a 11:01 a
10:27 a 10:44 a 10:56 a 11:03 a 11:07 a 11:12 a 11:16 a
----- ----- ----- 11:48 a 11:52 a 11:57 a 12:01 p
----- ----- ----- 12:48 p 12:52 p 12:57 p 1:01 p
----- ----- ----- 1:48 p 1:52 p 1:57 p 2:01 p
1:27 p 1:44 p 1:56 p 2:03 p 2:07 p 2:12 p 2:16 p
----- ----- ----- 2:48 p 2:52 p 2:57 p 3:01 p
----- ----- ----- 3:48 p 3:52 p 3:57 p 4:01 p
----- ----- ----- 4:48 p 4:52 p 4:57 p 5:01 p
4:27 p 4:44 p 4:56 p 5:03 p 5:07 p 5:12 p 5:16 p
----- ----- ----- 5:48 p 5:52 p 5:57 p 6:01 p
----- ----- ----- 6:40 p 6:44 p 6:49 p 6:53 p
7:27 p 7:44 p 7:56 p 8:03 p 8:07 p 8:12 p 8:16 p
BUS STOP NUMBER
NORTHBOUND
FLEX Boulder Express service
limitations in Boulder County:
- Passenger drop-offs on Southbound trips
- Passenger pick-ups on Northbound trips
MAP LEGEND
Bus Route
Time Point Bus Stop: Street intersection
used for time schedule reference point
listed at the top of the time columns to
estimate bus arrival and trip times.
Bus Stop
1 Connecting Routes
Transit Center
Landmarks:
College/University
School
Shopping
Other Landmark
Government Building
Post Office
Library
Museum
Medical Facility
TRANSIT CONTACT INFO
TRANSFORT – FORT COLLINS
970.221.6620 ridetransfort.com
COLT – LOVELAND
970.962.2429 cityofloveland.org/colt
RTD – DENVER/LONGMONT/BOULDER
800.366.7433 rtd-denver.com
13.1
Packet Pg. 194
Attachment: FLEX Route Map (6300 : FLEX Operations)
RTD ROUTES
8TH
COFFMAN
21ST
LONGMONT/BOULDER COUNTY
HOVER
KEN PRATT
LOVELAND/LARIMER COUNTY
FLEX Loveland/Longmont Trips FLEX Boulder Express Trips
TRANSFORT ROUTES
SB NB
SH 119
CSU
TRANSFORT ROUTES
COLT ROUTES
EISENHOWER
US 287
LINCOLN
CLEVELAND
8TH
CANYON
PEARL
28TH
FOLSOM
COLORADO
18TH
15TH
EUCLID
UNIVERSITY
COLLEGE
RTD ROUTES
CU
BROADWAY
WALNUT
ARAPAHOE
RTD BOULDER
TRANSIT CENTER
BOULDER
LONGMONT
Runs MONDAY - FRIDAY All Year Long
*Drop-off Only Locations
SOUTHBOUND
MAP LEGEND
Bus Route
Time Point Bus Stop: Street intersection
used for time schedule reference point
listed at the top of the time columns to
estimate bus arrival and trip times.
Bus Stop
1 Connecting Routes
Transit Center
Landmarks:
College/University
School
Shopping
Other Landmark
Government Building
Post Office
Library
Museum
Medical Facility
Runs SATURDAY All Year Long
1492 1074 1079 1661 1450 1452 1454
SOUTH TRANSIT
CENTER (STC)
COLLEGE &
SKYWAY
GARFIELD &
50TH
LOVELAND
FOOD BANK
CLEVELAND &
8TH
MOUNTAIN &
3RD
COFFMAN & 8TH
(ROOSEVELT PARK)
6:24 a 6:26 a 6:33 a 6:43 a ----- ----- -----
7:24 a 7:26 a 7:33 a 7:43 a ----- ----- -----
8:24 a 8:26 a 8:33 a 8:43 a ----- ----- -----
9:24 a 9:26 a 9:33 a 9:46 a 9:50 a 10:01 a 10:22 a
10:24 a 10:26 a 10:33 a 10:43 a ----- ----- -----
11:24 a 11:26 a 11:33 a 11:43 a ----- ----- -----
12:24 p 12:26 p 12:33 p 12:46 p 12:50 p 1:01 p 1:22 p
1:24 p 1:26 p 1:33 p 1:43 p ----- ----- -----
2:24 p 2:26 p 2:33 p 2:43 p ----- ----- -----
3:24 p 3:26 p 3:33 p 3:46 p 3:50 p 4:01 p 4:22 p
4:24 p 4:26 p 4:33 p 4:43 p ----- ----- -----
5:24 p 5:26 p 5:33 p 5:43 p ----- ----- -----
5:48 p 5:50 p 5:57 p 6:07 p ----- ----- -----
6:24 p 6:26 p 6:33 p 6:46 p 6:50 p 7:01 p 7:22 p
BUS STOP NUMBER
SOUTHBOUND
FORT COLLINS LOVELAND BERTHOUD
LONGMONT BOULDER
EFFECTIVE 08/21/17
917 1492 1074 1079 1661 1450 1452 1454 1645* 1647* 1648* 1641*
DOWNTOWN TRANSIT
CENTER (DTC)
SOUTH TRANSIT
CENTER (STC)
COLLEGE &
SKYWAY
GARFIELD &
50TH
LOVELAND
FOOD BANK
CLEVELAND &
8TH
MOUNTAIN &
3RD
COFFMAN & 8TH
(ROOSEVELT PARK)
9TH &
COFFMAN *
PEARL &
JUNCTION *
CANYON & 14TH
(DOWNTOWN BOULDER
STATION - GATE K) *
EUCLID &
18TH*
----- 5:14 a ----- ----- ----- 5:28 a ----- ----- 5:52 a 6:16 a 6:24 a 6:31 a
----- 5: 41 a 5: 43 a 5: 49 a 5: 54 a 5: 58 6:08 a 6:28 a ----- ----- ----- -----
----- 6: 16 a 6: 18 a 6: 24 a 6: 30 a 6: 34 6:44 a 7:06 a ----- ----- ----- -----
6:00 a 6:23 a ----- ----- ----- 6:37 a ----- ----- 7:01 a 7:28 a 7:36 a 7:43 a
----- 7: 24 a 7: 26 a 7: 33 a 7: 48 a 7: 52 a 8:02 a 8:24 a ----- ----- ----- -----
----- 8:24 a 8:26 a 8:33 a 8:43 a ----- ----- ----- ----- ----- ----- -----
----- 9:24 a 9:26 a 9:33 a 9:48 a 9:52 a 10:02 a 10:24 a ----- ----- ----- -----
----- 10:24 a 10:26 a 10:33 a 10:43 a ----- ----- ----- ----- ----- ----- -----
----- 11:24 a 11:26 a 11:33 a 11:43 a ----- ----- ----- ----- ----- ----- -----
----- 12:24 p 12:26 p 12:33 p 12:43 p ----- ----- ----- ----- ----- ----- -----
----- 1:24 p 1:26 p 1:33 p 1:43 p ----- ----- ----- ----- ----- ----- -----
1:15 p 1:39 p ----- ----- ----- 1:54 p ----- ----- 2:20 p 2:44 p 2:52 p 3:00 p
----- 2:24 p 2:26 p 2:33 p 2:43 p ----- ----- ----- ----- ----- ----- -----
----- 3:05 p 3:08 p 3:16 p 3:22 p 3:26 p 3:38 p 4:00 p ----- ----- ----- -----
----- 3:24 p 3:26 p 3:33 p 3:43 p ----- ----- ----- ----- ----- ----- -----
3:25 p 3:49 p ----- ----- ----- 4:04 p ----- ----- 4:30 p 4:54 p 5:02 p 5:10 p
----- 3: 51 p 3: 54 p 4: 02 p 4: 15 p 4: 19 p 4: 31 p 4: 53 p ----- ----- ----- -----
----- 4: 24 p 4: 27 p 4: 35 p 4: 48 p 4: 52 p 5: 04 p 5: 26 p ----- ----- ----- -----
----- 5: 24 p 5: 27 p 5: 35 p 5: 48 p 5: 52 p 6: 04 p 6: 26 p ----- ----- ----- -----
5:20 p 5:44 p ----- ----- ----- 5:59 p ----- ----- 6:23 p 6:46 p 6:53 p 7:00 p
----- 6: 00 p 6: 02 p 6: 10 p 6: 22 p 6: 26 p 6:37 p 6: 55 p ----- ----- ----- -----
----- 6:24 p 6:26 p 6:33 p 6:43 p ----- ----- ----- ----- ----- ----- -----
BUS STOP NUMBER
ATTACHMENT 1
13.1
Packet Pg. 193
Attachment: FLEX Route Map (6300 : FLEX Operations)
SH 119
CSU
TRANSFORT ROUTES
COLT ROUTES
EISENHOWER
US 287
LINCOLN
CLEVELAND
8TH
CANYON
PEARL
28TH
FOLSOM
COLORADO
18TH
15TH
EUCLID
UNIVERSITY
COLLEGE
RTD ROUTES
CU
BROADWAY
WALNUT
ARAPAHOE
RTD BOULDER
TRANSIT CENTER
BOULDER
LONGMONT
FORT COLLINS LOVELAND BERTHOUD
LONGMONT BOULDER
EFFECTIVE 08/21/17 Runs MONDAY - FRIDAY All Year Long
1641** 1642** 1643** 1644** 1454** 1457 1459 1661 1100 1105 1492 917
EUCLID &
18TH**
CANYON & 15TH
(DOWNTOWN BOULDER
STATION)**
PEARL & 30TH
(BOULDER JUNCTION) **
HOVER & VILLAGE
AT THE PEAKS MALL **
COFFMAN & 8TH
(ROOSEVELT PARK) **
MOUNTAIN &
2ND
LINCOLN &
8TH
LOVELAND
FOOD BANK
US 287 &
50TH
COLLEGE &
SKYWAY
SOUTH TRANSIT
CENTER (STC)
DOWNTOWN TRANSIT
CENTER (DTC)
----- ----- ----- ----- ----- ----- ----- 6:45 a 6:49 a 6:54 a 6:58 a -----
----- ----- ----- ----- 6:39 a 6:56 a 7:08 a 7:15 a 7:19 a 7:24 a 7:28 a -----
----- ----- ----- ----- 7:22 a 7: 39 a 7:51 a 8:00 a 8:04 a 8: 09 a 8:13 a -----
7:09 a 7:13 a 7:21 a 7:38 a 7:47 a ----- 8:12 a ----- ----- ----- 8:27 a 8:51 a
----- ----- ----- ----- ----- ----- ----- 8:48 a 8:52 a 8:57 a 9:01 a -----
----- ----- ----- ----- 8:29 a 8:46 a 8:58 a 9:07 a 9:11 a 9:16 a 9: 20 a -----
8:09 a 8:13 a 8:21 a 8:38 a 8:47 a ----- 9:12 a ----- ----- ----- 9:27 a 9:51 a
----- ----- ----- ----- ----- ----- ----- 9:48 a 9:52 a 9:57 a 10:01 a -----
----- ----- ----- ----- ----- ----- ----- 10:48 a 10:52 a 10:57 a 11:01 a -----
----- ----- ----- ----- 10:27 a 10:44 a 10:56 a 11:05 a 11:09 a 11:14 a 11:18 a -----
----- ----- ----- ----- ----- ----- ----- 11:48 a 11:52 a 11:57 a 12:01 p -----
----- ----- ----- ----- ----- ----- ----- 12:48 p 12:52 p 12:57 p 1:01 p -----
----- ----- ----- ----- ----- ----- ----- 1:48 p 1:52 p 1:57 p 2:01 p -----
----- ----- ----- ----- ----- ----- ----- 2:48 p 2:52 p 2:57 p 3:01 p -----
----- ----- ----- ----- ----- ----- ----- 3:48 p 3:52 p 3:57 p 4:01 p -----
3:18 p 3:25 p 3:34 p 3:53 p 4:02 p ----- 4:29 p ----- ----- ----- 4:44 p 5:09 p
----- ----- ----- ----- 4:10 p 4:29 p 4:41 p 4:48 p 4:52 p 4:58 p 5:02 p -----
----- ----- ----- ----- 5: 10 p 5:29 p 5: 41 p 5:50 p 5:54 p 6: 00 p 6:04 p -----
----- ----- ----- ----- 5:40 p 5:58 p 6:10 p 6:19 p 6:22 p 6:27 p 6:30 p -----
----- ----- ----- ----- ----- ----- ----- 6:43 p 6:47 p 6:53 p 6:56 p -----
5:30 p 5:38 p 5:47 p 6:04 p 6:13 p ----- 6:40 p ----- ----- ----- 6:57 p 7:20 p
----- ----- ----- ----- 6: 40 p 6:58 p 7: 10 p 7:14 p 7:17 p 7:22 p 7:25 p -----
----- ----- ----- ----- 7:16 p 7:34 p 7:46 p 7:50 p 7:53 p 7:58 p 8:01 p -----
7:20 p 7:26 p 7:33 p 7:50 p 7:59 p ----- 8:26 p ----- ----- ----- 8:41 p 9:02 p
BUS STOP NUMBER
NORTHBOUND
**Pick-up Only Locations Runs SATURDAY All Year Long
1454 1457 1459 1661 1100 1105 1492
COFFMAN & 8TH
(ROOSEVELT PARK)
MOUNTAIN &
2ND
LINCOLN &
8TH
LOVELAND
FOOD BANK
US 287 &
50TH
COLLEGE &
SKYWAY
SOUTH TRANSIT
CENTER (STC)
----- ----- ----- 6:48 a 6:52 a 6:57 a 7:01 a
----- ----- ----- 7:48 a 7:52 a 7:57 a 8:01 a
----- ----- ----- 8:48 a 8:52 a 8:57 a 9:01 a
----- ----- ----- 9:48 a 9:52 a 9:57 a 10:01 a
----- ----- ----- 10:48 a 10:52 a 10:57 a 11:01 a
10:27 a 10:44 a 10:56 a 11:03 a 11:07 a 11:12 a 11:16 a
----- ----- ----- 11:48 a 11:52 a 11:57 a 12:01 p
----- ----- ----- 12:48 p 12:52 p 12:57 p 1:01 p
----- ----- ----- 1:48 p 1:52 p 1:57 p 2:01 p
1:27 p 1:44 p 1:56 p 2:03 p 2:07 p 2:12 p 2:16 p
----- ----- ----- 2:48 p 2:52 p 2:57 p 3:01 p
----- ----- ----- 3:48 p 3:52 p 3:57 p 4:01 p
----- ----- ----- 4:48 p 4:52 p 4:57 p 5:01 p
4:27 p 4:44 p 4:56 p 5:03 p 5:07 p 5:12 p 5:16 p
----- ----- ----- 5:48 p 5:52 p 5:57 p 6:01 p
----- ----- ----- 6:40 p 6:44 p 6:49 p 6:53 p
7:27 p 7:44 p 7:56 p 8:03 p 8:07 p 8:12 p 8:16 p
BUS STOP NUMBER
NORTHBOUND
FLEX Boulder Express service
limitations in Boulder County:
- Passenger drop-offs on Southbound trips
- Passenger pick-ups on Northbound trips
MAP LEGEND
Bus Route
Time Point Bus Stop: Street intersection
used for time schedule reference point
listed at the top of the time columns to
estimate bus arrival and trip times.
Bus Stop
1 Connecting Routes
Transit Center
Landmarks:
College/University
School
Shopping
Other Landmark
Government Building
Post Office
Library
Museum
Medical Facility
TRANSIT CONTACT INFO
TRANSFORT – FORT COLLINS
970.221.6620 ridetransfort.com
COLT – LOVELAND
970.962.2429 cityofloveland.org/colt
RTD – DENVER/LONGMONT/BOULDER
800.366.7433 rtd-denver.com
12.1
Packet Pg. 187
Attachment: FLEX Route Map (6301 : FLEX Bus Purchase)
RTD ROUTES
8TH
COFFMAN
21ST
LONGMONT/BOULDER COUNTY
HOVER
KEN PRATT
LOVELAND/LARIMER COUNTY
FLEX Loveland/Longmont Trips FLEX Boulder Express Trips
TRANSFORT ROUTES
SB NB
SH 119
CSU
TRANSFORT ROUTES
COLT ROUTES
EISENHOWER
US 287
LINCOLN
CLEVELAND
8TH
CANYON
PEARL
28TH
FOLSOM
COLORADO
18TH
15TH
EUCLID
UNIVERSITY
COLLEGE
RTD ROUTES
CU
BROADWAY
WALNUT
ARAPAHOE
RTD BOULDER
TRANSIT CENTER
BOULDER
LONGMONT
Runs MONDAY - FRIDAY All Year Long
*Drop-off Only Locations
SOUTHBOUND
MAP LEGEND
Bus Route
Time Point Bus Stop: Street intersection
used for time schedule reference point
listed at the top of the time columns to
estimate bus arrival and trip times.
Bus Stop
1 Connecting Routes
Transit Center
Landmarks:
College/University
School
Shopping
Other Landmark
Government Building
Post Office
Library
Museum
Medical Facility
Runs SATURDAY All Year Long
1492 1074 1079 1661 1450 1452 1454
SOUTH TRANSIT
CENTER (STC)
COLLEGE &
SKYWAY
GARFIELD &
50TH
LOVELAND
FOOD BANK
CLEVELAND &
8TH
MOUNTAIN &
3RD
COFFMAN & 8TH
(ROOSEVELT PARK)
6:24 a 6:26 a 6:33 a 6:43 a ----- ----- -----
7:24 a 7:26 a 7:33 a 7:43 a ----- ----- -----
8:24 a 8:26 a 8:33 a 8:43 a ----- ----- -----
9:24 a 9:26 a 9:33 a 9:46 a 9:50 a 10:01 a 10:22 a
10:24 a 10:26 a 10:33 a 10:43 a ----- ----- -----
11:24 a 11:26 a 11:33 a 11:43 a ----- ----- -----
12:24 p 12:26 p 12:33 p 12:46 p 12:50 p 1:01 p 1:22 p
1:24 p 1:26 p 1:33 p 1:43 p ----- ----- -----
2:24 p 2:26 p 2:33 p 2:43 p ----- ----- -----
3:24 p 3:26 p 3:33 p 3:46 p 3:50 p 4:01 p 4:22 p
4:24 p 4:26 p 4:33 p 4:43 p ----- ----- -----
5:24 p 5:26 p 5:33 p 5:43 p ----- ----- -----
5:48 p 5:50 p 5:57 p 6:07 p ----- ----- -----
6:24 p 6:26 p 6:33 p 6:46 p 6:50 p 7:01 p 7:22 p
BUS STOP NUMBER
SOUTHBOUND
FORT COLLINS LOVELAND BERTHOUD
LONGMONT BOULDER
EFFECTIVE 08/21/17
917 1492 1074 1079 1661 1450 1452 1454 1645* 1647* 1648* 1641*
DOWNTOWN TRANSIT
CENTER (DTC)
SOUTH TRANSIT
CENTER (STC)
COLLEGE &
SKYWAY
GARFIELD &
50TH
LOVELAND
FOOD BANK
CLEVELAND &
8TH
MOUNTAIN &
3RD
COFFMAN & 8TH
(ROOSEVELT PARK)
9TH &
COFFMAN *
PEARL &
JUNCTION *
CANYON & 14TH
(DOWNTOWN BOULDER
STATION - GATE K) *
EUCLID &
18TH*
----- 5:14 a ----- ----- ----- 5:28 a ----- ----- 5:52 a 6:16 a 6:24 a 6:31 a
----- 5: 41 a 5: 43 a 5: 49 a 5: 54 a 5: 58 6:08 a 6:28 a ----- ----- ----- -----
----- 6: 16 a 6: 18 a 6: 24 a 6: 30 a 6: 34 6:44 a 7:06 a ----- ----- ----- -----
6:00 a 6:23 a ----- ----- ----- 6:37 a ----- ----- 7:01 a 7:28 a 7:36 a 7:43 a
----- 7: 24 a 7: 26 a 7: 33 a 7: 48 a 7: 52 a 8:02 a 8:24 a ----- ----- ----- -----
----- 8:24 a 8:26 a 8:33 a 8:43 a ----- ----- ----- ----- ----- ----- -----
----- 9:24 a 9:26 a 9:33 a 9:48 a 9:52 a 10:02 a 10:24 a ----- ----- ----- -----
----- 10:24 a 10:26 a 10:33 a 10:43 a ----- ----- ----- ----- ----- ----- -----
----- 11:24 a 11:26 a 11:33 a 11:43 a ----- ----- ----- ----- ----- ----- -----
----- 12:24 p 12:26 p 12:33 p 12:43 p ----- ----- ----- ----- ----- ----- -----
----- 1:24 p 1:26 p 1:33 p 1:43 p ----- ----- ----- ----- ----- ----- -----
1:15 p 1:39 p ----- ----- ----- 1:54 p ----- ----- 2:20 p 2:44 p 2:52 p 3:00 p
----- 2:24 p 2:26 p 2:33 p 2:43 p ----- ----- ----- ----- ----- ----- -----
----- 3:05 p 3:08 p 3:16 p 3:22 p 3:26 p 3:38 p 4:00 p ----- ----- ----- -----
----- 3:24 p 3:26 p 3:33 p 3:43 p ----- ----- ----- ----- ----- ----- -----
3:25 p 3:49 p ----- ----- ----- 4:04 p ----- ----- 4:30 p 4:54 p 5:02 p 5:10 p
----- 3: 51 p 3: 54 p 4: 02 p 4: 15 p 4: 19 p 4: 31 p 4: 53 p ----- ----- ----- -----
----- 4: 24 p 4: 27 p 4: 35 p 4: 48 p 4: 52 p 5: 04 p 5: 26 p ----- ----- ----- -----
----- 5: 24 p 5: 27 p 5: 35 p 5: 48 p 5: 52 p 6: 04 p 6: 26 p ----- ----- ----- -----
5:20 p 5:44 p ----- ----- ----- 5:59 p ----- ----- 6:23 p 6:46 p 6:53 p 7:00 p
----- 6: 00 p 6: 02 p 6: 10 p 6: 22 p 6: 26 p 6:37 p 6: 55 p ----- ----- ----- -----
----- 6:24 p 6:26 p 6:33 p 6:43 p ----- ----- ----- ----- ----- ----- -----
BUS STOP NUMBER
ATTACHMENT 1
12.1
Packet Pg. 186
Attachment: FLEX Route Map (6301 : FLEX Bus Purchase)