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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 01/19/2021 - REGULAR MEETING City of Fort Collins Page 1 Wade Troxell, Mayor Remote Meeting Ross Cunniff, District 5, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Melanie Potyondy, District 4 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 Channel 14 on Connexion and Channel 881 Comcast Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting January 19, 2021 PUBLIC PARTICIPATION OPTIONS There will be three options for people who would like to participate in the meeting: • Live via the Zoom online meeting, • Live via the telephone, • By submitting emails to Council at CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE VIA ZOOM): Individuals who wish to address Council via remote public participation ca n do so through Zoom at https://zoom.us/j/98241416497. (The link and instructions are also posted at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must: • Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will greatly improve your audio experience. • Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com. • If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. City of Fort Collins Page 2 PUBLIC PARTICIPATION (VIA PHONE): • Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141 6497 followed by the pound sign (#). • The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this . Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (VIA EMAIL): Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. WATCH THE MEETING Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should v iew the FCTV livestream. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 221- 6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. Proclamations and Presentations 5:45 p.m. The Mayor will share highlights of each proclamation listed below but will not read proclamations in their entirety. A. Proclamation Acknowledging Martin Luther King Day. B. Proclamation Declaring January 24-30, 2021 as School Choice Week. C. Proclamation Declaring January as Radon Action Month. City of Fort Collins Page 3 Regular Meeting 6:00 p.m. • PLEDGE OF ALLEGIANCE • CALL MEETING TO ORDER • Ceremonial Oath of Office for newly appointed Councilmember, Melanie Potyondy. • ROLL CALL • AGENDA REVIEW: CITY MANAGER • City Manager Review of Agenda. • Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. • COMMUNITY REPORT: Irene Josey, Larimer County Treasurer & Public Trustee, discusses the collection and distribution of property taxes. • COMMUNITY REPORT: Tom Gonzales, Larimer County Public Health Director • PUBLIC COMMENT 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.] • PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 4 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 appr oved 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. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, s econd and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked to be considered individually will then be considered using the regular process for considering discussion items. 1. Consideration and Approval of the Minutes of the December 15, 2020 Regular Meeting and the December 22, 2020 Adjourned Meeting. The purpose of this item is to approve the minutes of the December 15, 2020 Regular Meeting and the December 22, 2020 Adjourned Meeting. 2. Second Reading of Ordinance No. 001, 2021, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Environmental Services Radon Program. This Ordinance, unanimously adopted on First Reading on January 5, 2021, appro priates unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues provided by the Colorado Department of P ublic Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer and requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2021 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. 3. Items Relating to the Fort Collins Police Services Victim Services Unit. A. Second Reading of Ordinance No. 002, 2021, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. Second Reading of Ordinance No. 003, 2021, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victims of Crime Act in the General Fund for the Fort Collins Police Services Victim Services Unit. City of Fort Collins Page 5 These Ordinances, unanimously adopted on First Reading on January 5, 2021, 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 two grants. The VALE grant is a 12-month grant in the amount of $26,000 for the period from January 1, 2021 to December 31, 2021, 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 a portion of the victim advocate salary 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. The VOCA grant is a 24-month grant in the amount of $49,101 for the period from January 1, 2021 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victims of Crime Act (VOCA), to help fund services provided by this team. The VOCA Grant will provide $24,551 in calendar year 2021 to the City with the remainder of $24,550 expected in calendar year 2022. These funds will be used for a portion of the victim advocate salary who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. 4. Items Relating to Various Routine Amendments to City Code Cha pter 26 Pertaining to Utility Services. A. Second Reading of Ordinance No. 004, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Make Various Updates Regarding the Wastewater Utility. B. Second Reading of Ordinance No. 005, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Water and Sewer Plant Investment Fees. C. Second Reading of Ordinance No. 006, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Update Provisions Regarding the City’s Utility Enterprise Boards. D. Second Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities, and Appurtenances for Utilities Purposes. These Ordinances, unanimously adopted on First Reading on January 5, 2021, adopt a variety of revisions, clarifications, and additions to update portions of City Code Chapter 26 pertaining t o Utility Services. Ordinance No. 016, 2021 further explains and put bounds on the right of entry in the City Charter (Art. XII, Sec. 2), which states: The directors and employees of city-owned utilities shall have authority in the necessary discharge of their duties to enter upon any lands, properties or premises, within or without the city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the service, reading meters, or any other purpose whatever in connection with the water, wastewater, electric, and other utilities. Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified to more clearly articulate Fort Collins Utilities’ (“Utilities”) ri ght of entry and the corresponding rights of customers and the owners/occupants of such buildings and premises. Language has also been added to allow for procedures for disputes to be resolved by the Municipal Court when necessary and to allow the Utiliti es Executive Director to petition the Municipal Court to secure the right to enter specific buildings and premises for Utilities purposes as described in Section 26-22. City of Fort Collins Page 6 5. Second Reading of Ordinance No. 007, 2021, Authorizing the Conveyance to the Colorad o Department of Transportation of Various Property Interests on City-Owned Property at Running Deer Natural Area, Archery Range, and Arapaho Bend Natural Area to be Used as Right -of-Way for Interstate 25 and Related Facilities. This Ordinance, unanimously adopted on First Reading on January 5, 2021, seeks Council approval of the Colorado Department of Transportation’s (CDOT) requested purchase of one right -of-way parcel on Arapaho Bend Natural Area, two right-of-way parcels and four temporary easements on Running Deer Natural Area and the Archery Range for the purpose of widening Interstate 25 and relocating the Port of Entry. A revision to the Ordinance on Second Reading includes the price CDOT has agreed to pay for these property interests. 6. Second Reading of Ordinance No. 008, 2021, Authorizing Conveyance of a Permanent Non- Exclusive Drainage Easement on Property Jointly Owned by the City and the City of Loveland at the Northern Colorado Regional Airport for the New Veterans’ Affairs Clinic. This Ordinance, unanimously adopted on First Reading on January 5, 2021, authorizes a permanent non-exclusive drainage easement over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the east side of the Airport (the “VA Project”) by Byrd Drive Development, LLC, (“Developer”). 7. Second Reading of Ordinance No. 009, 2021 Authorizing the Conveyance of an E asement to Larimer County for Remediation Activities on Cathy Fromme Prairie Natural Area in Accordance with the City’s Intergovernmental Agreement with Larimer County and Loveland for Corrective Measures Related to the Larimer County Landfill. This Ordinance, unanimously adopted on First Reading on January 5, 2021, authorizes the conveyance of a future easement to Larimer County for remediation activities on Cathy Fromme Prairie Natural Area. Council adopted Resolution 2020 -119, approving an Intergovernmental Agreement by and among the City, Larimer County and the City of Loveland regarding their mutual commitments and responsibilities related to the remediation of environmental contamination at and from the Landfill, and that Agreement requires the City Manager to present for Council approval this Ordinance authorizing a future easement. 8. Second Reading of Ordinance No. 010, 2021 Adopting the Update to the Parks and Recreation Master Plan as an Element of the City’s Comprehensive Plan. This Ordinance, unanimously adopted on First Reading on January 5, 2021, adopts an update to the Parks and Recreation Master Plan and highlights key implementation steps post -adoption. 9. Second Reading of Ordinance No. 017, 2021, Appropriating Unanticipated Revenue in the General Fund for a Small Business Relief Program to be Administered and Distributed by the Economic Health Office. This Ordinance, unanimously adopted on First Reading on January 12, 2021, appropriates unanticipated revenue to operate a Small Business Relief program. The Colorado legislatu re, in special session in December, passed Senate Bill 20B-001 (SB20B-001) setting aside over $37 million for direct relief payments to small businesses located in eligible Counties, which businesses include restaurants, bars, movie theaters, and fitness and recreational sports centers. 10. First Reading of Ordinance No. 018, 2021, Adopting the 2021 Classified Employee Pay Plan. The purpose of this item is to recommend the 2021 Classified Employee Pay Plan for most classified employees. City classified employees’ pay and pay ranges will remain the same as in 2020 due to the financial uncertainty caused by COVID-19. In addition, this item recommends changes to the City of Fort Collins Page 7 2021 Classified Employee Pay Plan for employees who are in the collective bargaining unit described in the 2019-2021 Collective Bargaining Agreement (the “Agreement”) between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police. The Agreement was approved by Council by Resolution 2018-095 on October 2, 2018. The Agreement requires the City to complete an annual market analysis for positions in the collective bargaining unit. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the 2021 Classified Employee Pay Plan. 11. Items Relating to the Springer-Fisher Annexation No. 1. A. Resolution 2021-008 Setting Forth Findings of Fact and Determinations Regarding the Springer-Fisher Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of two sequential tracts of land known c ollectively as the Springer-Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer -Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 12. Public Hearing and First Reading of Ordinance No. 020, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer -Fisher Annexation No. 1, and Approving Correspond ing Changes to the Residential Neighborhood Sign District Map. 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 apply zoning to the property included in the first of two sequential annexations. Springer-Fisher Annexation No. 1 is located northwest of the East Mulberry Street and Greenfields Court intersection. The proposed zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I-Industrial zoning districts to the east, south and west. The abutting City limit to the north is zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends placement of the portions of the Springer-Fisher Annexation No. 1 that are zoned L-M-N and M-M- N into the Residential Neighborhood Sign District. 13. Items Relating to the Springer-Fisher Annexation No. 2. A. Resolution 2021-009 Setting Forth Findings of Fact and Determinations Regarding the Springer-Fisher Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 021, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 2 to the City of Fort Collins, Colorado. City of Fort Collins Page 8 The purpose of this item is to annex the second of two sequential tracts of land collectively known as the Springer-Fisher Annexations. Springer-Fisher Annexation No. 2 consists of 5.46 acres, establishes the required 1/6 contiguity with the Springer-Fisher Annexation No. 1, and is located northwest of the East Mulberry Street and Greenfields Court intersection . The annexation would incorporate the property into Fort Collins’ municipal boundaries. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 14. Public Hearing and First Reading of Ordinance No. 022, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer -Fisher Annexation No. 2. 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 apply zoning to the property included in the second of two sequential annexations, Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2 is located northwest of the intersection of East Mulberry Street and Greenfields Court. The propos ed zoning for this annexation is General Commercial (C-G). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I- Industrial (I) to the east, south and west. 15. Resolution 2021-010 Adopting Amendments to the City's Financial Management Policies. The purpose of this item is to update four of the internal Financial Management Policies: Policy 1 - Budget Policy 2 - Revenue Policy 3 - General Policy 5 - Fund Balance Minimums The policies are reviewed on a three-year rolling schedule. The recommended changes have been presented to the Council Finance Committee which supported the changes recommended. 16. Resolution 2021-011 Authorizing the Initiation of Exclusion Proceedings of Annex ed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2020 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Res olution are the Soldier Canyon Pump Station Annexation, Timberline-International Annexation No. 1, Timberline- International Annexation No. 2, and Timberline-International Annexation No. 3. Colorado Revised Statutes Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. City of Fort Collins Page 9 17. Resolution 2021-012 Making Appointments to the Golf Board and Planning and Zoning Board of the City of Fort Collins. The purpose of this item is to appoint one individual to fill a vacancy on the Golf Board and two individuals to fill vacancies on the Planning and Zoning Board that exist due to the expiration of terms and resignation of members. 18. Resolution 2021-013 Designating Mayor Wade Troxell to Represent the City on the Colorado Attorney General’s Local Government Opioid Settlement Funds Stakeholder Working Group. The purpose of this item is to appoint Mayor Wade Troxell to the Colorado Attorney General’s Local Government Opioid Settlement Funds Stakeholder Working Group. END CONSENT • CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. • STAFF REPORTS A. Poudre River White Water Park Update (staff: Kurt Friesen, Park Planning Director) • 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. If attending in person, 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. 19. Items Relating to Placing Proposed Charter Amendments on the April 6, 2021 Ballot. (staff: Delynn Coldiron, Carrie Daggett; 5 minute presentation; 10 minute discussion) A. Second Reading of Ordinance No. 011, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. City of Fort Collins Page 10 B. Second Reading of Ordinance No. 012, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. C. Second Reading of Ordinance No. 013, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 9, Article V of the City Charter Clarifying Revenues that May be Appropriated. D. Second Reading of Ordinance No. 014, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 17 or Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. E. Second Reading of Ordinance No. 015, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. These Ordinances were adopted on First Reading on January 5, 2021 to submit individual Charter amendments to the voters at the April 6, 2021 Regular Election ballot as indicated below: Ordinance Nos. 011-013 (unanimous ) Ordinance Nos. 014-015 (by a vote of 5-1 Nay: Pignataro) • 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. PROCLAMATION WHEREAS, Dr. Martin Luther King Jr. began his civil rights journey striving to address, through non - violent means, what he considered the triple evils of American society: racism, war and poverty. He believed that even under the worst conditions, there is reason to hope. WHEREAS, Dr. Martin Luther King Jr. understood that civil rights legislation did not result in the societal impacts he had anticipated for Blacks and African Americans living in the United States , and that communities of color were still living in poverty and experiencing unemployment, with limited access to quality education and housing. WHEREAS, Dr. Martin Luther King Jr. continued to move forward even after he lost the support of clergy, colleagues, and others when he openly took a stance against the war in Vietnam; and he continued to move forward as the FBI actively sought to discredit him and his work. WHEREAS, while Dr. Martin Luther King Jr. worked for human and economic rights for all underserved communities, he faced more barriers when the movement focused on inequities within Black communities. Restructuring American society to ensure greater equality meant changing the laws and practices that had created these same inequities. WHEREAS, Dr. King’s work spanned over decades and would have continued if not for his assassination on April 4, 1968. We acknowledge significant suffering in the progress for peace, and that over 50 years later, the same institutional and systemic racism still exists in Black/African American communities as well as other communities of color throughout the nation. WHEREAS, this year’s theme, as led by Colorado State University’s Black/African American Cultural Center, is “Where Do We Go from Here.” Current and future generations have an obligation to continue to develop his work, as social change is the job of everyone. The City of Fort Collins will stand in solidarity for justice, and human rights for all and continue to build a welcoming city. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim January 18, 2021 as DR. MARTIN LUTHER KING, JR. OBSERVATION AND COMMEMORATIVE DAY in the city of Fort Collins and encourage the members of this community to continue in strivin g to actualize Dr. King’s dream by honoring individuals based upon the content of their character. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 19th day of January, A.D. 2021. _____________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 11 PROCLAMATION WHEREAS, all children in Fort Collins should have access to the highest-quality education possible; and WHEREAS, Fort Collins recognizes the important role that an effective education plays in preparing all students in Fort Collins to be successful adults; and, WHEREAS, quality education is critically important to the economic vitality of Fort Collins; and WHEREAS, Fort Collins is home to a multitude of excellent education options from which parents can choose for their children; and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and WHEREAS, our area has many high-quality teaching professionals who are committed to educating our children; and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby recognize January 24 - 30, 2021 as FORT COLLINS SCHOOL CHOICE WEEK IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 12 PROCLAMATION WHEREAS, January is National Radon Action Month and all Fort Collins community members are strongly encouraged to test their homes for radon; and WHEREAS, radon is a naturally occurring, colorless and odorless radioactive gas that is the second leading cause of lung cancer in the United States, contributing to as many as 500 lung cancer deaths in Colorado each year; and WHEREAS, any home may have high levels of radon, even if neighboring homes do not, and elevated levels pose a serious health threat to community members; and WHEREAS, over fifty percent of Fort Collins homes have radon levels that have tested in excess of the EPA recommended action level; and WHEREAS, radon testing is easy and inexpensive, and Fort Collins community members can test their homes using low-cost test kits available at the Senior Center and through other City, County and State programs; and WHEREAS, all Fort Collins community members are encouraged to protect their families from the serious health risks associated with radon by reducing any elevated radon levels found in their homes. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim January 2021 as RADON ACTION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 13 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the December 15, 2020 Regular Meeting and the December 22, 2020 Adjourned Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the December 15, 2020 Regular Meeting and the December 22, 2020 Adjourned Meeting. ATTACHMENTS 1. December 15, 2020 (PDF) 2. December 22, 2020 (PDF) 1 Packet Pg. 14 City of Fort Collins Page 270 December 15, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM (Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff STAFF: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry outlined the Spanish interpretation offering for the meeting. City Manager Atteberry withdrew Item No. 21, First Reading of Ordinance No. 164, 2020, Authorizing the City Manager to Execute an Agreement with the Developer of Montava for the Annual Use of Up to 25 Acre-Feet of Water of Fort Collins Utilities in a Plan for Augmentation for a Potable Water Supply for the Montava Property, from the agenda for additional Council discussion. • PUBLIC COMMENT Mayor Troxell outlined the public participation options. Danny Katz, CoPIRG Director, stated the GoEV City and County Coalition is recognizing Fort Collins as a GoEV City for its work to encourage electric vehicles. Cheryl Distaso expressed concern about the treatment of homeless individuals during the pandemic noting recent COVID outbreaks have highlighted the dangers of congregate shelters. She encouraged Council to secure non-congregate housing for homeless citizens. Zach Heath expressed concern about congregate homeless shelters and encouraged additional work to secure non-congregate housing. Eric Sutherland stated contracts entered into by a municipal corporation are not enforceable by specific performance by Colorado courts. Nancy York encouraged Council to find proper housing for homeless citizens. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and requested an update regarding non- congregate and day shelters. City Manager Atteberry mentioned the other GoEV cities and counties and thanked Amanda Mansfield for coordinating the effort. Beth Sowder, Social Sustainability Director, stated the non-congregate shelter program has been operational since August 3rd through partnerships with Catholic Charities and Homeward Alliance. She stated there have been a total of 54 high-risk individuals who have been served and 1.1 Packet Pg. 15 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 271 31 individuals are still in the program. The remainder have found housing or left for other reasons. She stated all 31 of those remaining have a housing plan in place. Sowder stated staff has worked closely with community partners to attempt to find a location for a day shelter; however, no options were identified . Westminster Presbyterian Church has offered to provide its facility for inclement weather days and that is being staffed by Homeward Alliance. Additionally, Homeward Alliance and Catholic Charities open on inclement weather days and Homeward Alliance has brought in heaters for outdoor spaces on non-inclement weather days. Councilmember Summers commended the work on housing plans and asked if there is a way to utilize the non-congregate shelter space for homeless individuals who have tested positive for COVID. Sowder replied Larimer County and the Health District have partnered to secure an 88- room hotel in Loveland as an isolation, recovery, and quarantine space. Mayor Pro Tem Stephens asked if staff is still seeking a location for a day shelter for non-inclement weather. Sowder replied staff has continued looking for a location and stated any recommendations would be taken into consideration. Mayor Pro Tem Stephens asked how food is being distributed to individuals experiencing homelessness. Sowder replied all meals are provided to residents at both congregate and non- congregate shelters and Homeward Alliance has identified funding for food service at the isolation hotel in Loveland. • CONSENT CALENDAR (Secretary's Note: Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest.) Mayor Pro Tem Stephens made a motion, seconded by Councilmember Gutowsky, to adopt and approve all items on the Consent Agenda. RESULT: ADOPTED [6 TO 0] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff RECUSED: Gorgol 1. Consideration and Approval of the Minutes of the November 4, 2020 and November 17, 2020 Regular Meetings and the November 10, 2020 Adjourned Meeting. (Adopted) The purpose of this item is to approve the minutes of the November 4, 2020 and November 17, 2020 Regular Meetings and the November 10, 2020 Adjourned Meeting. 2. Second Reading of Ordinance No. 145, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for t hat Certain Property Known as the Timberline Church Rezoning. (Adopted) Adequate notice for second reading of this Ordinance was not published in the Coloradoan. Therefore, Council voted on December 1 to postpone second reading to this December 15, 2020, C ouncil Meeting. 1.1 Packet Pg. 16 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 272 This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted First Reading on November 24, 2020, amends the City’s Zoning Map to change the zoning designation for the Timberline Church Campus from Low Density Mixed - Use Neighborhood (LMN) to Medium Density Mixed-Use Neighborhood (MMN). The area proposed to be rezoned is approximately 32.79 acres. The applicant proposes the rezoning to support future infill housing on the site and enable higher density housing than would be allowed with the current LMN zoning. Additional commercial and institutional uses may also be proposed. The church has been in discussions with CSU regarding a potential land swap to construct an attainable housing project. CSU would donate their 4.76 acres on Timberline Road, and the church will swap 8 -10 acres for the CSU property. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning 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 approval of the request with condition that the residential density be limited to 20 units per gross acre and that an Overall Development Plan (ODP) precede or accompany the Project Development Plan (PDP). The purpose of the condition of approval is to provide a density limit to help achieve a compatible transition with the surrounding neighborhood because the MMN zone district does not have a maximum density requirement. Additionally, the ODP would help identify the general design parameters for the property - including the general location and nature of proposed uses, transportation circulation, open space, buffers, and drainage features. A traffic study is also required. The ODP is required to be reviewed by the Planning and Zoning Board and would require at least one neighborhood meeting. 3. Second Reading of Ordinance No. 146, 2020 Appropriating Prior Year Reserves in the Self Insurance Fund for Increased Premiums for Property Loss Insurance. (Adopted) This Ordinance, unanimously adopted on First Reading on December 1, 2020, appropriates funds to compensate for increased premiums for the City’s property loss insurance that were paid by the Self Insurance Fund for the 2020/2021 period. The City’s Self Insurance Fund is currently over budget through October 2020 and is expected to remain over budget through year-end. The primary driver of this increase is the higher insurance premiums that have been realized in 2020. These increases are due to two factors: an industry wide adjustment in coverage due to increased risk exposure in the state of Colorado, and more hail storm damage realized at the City in prior years, most notably in 2018. 4. Second Reading of Ordinance No. 147, 2020 Making Supplemental Appropriations for Roof Repairs on City Buildings Due to 2018 Hail Damage. (Adopted) This Ordinance, unanimously adopted on First Reading on December 1, 2020, appropriates additional insurance proceeds for further scope of work associated with completing roof repair work for a 2018 hail damage claim. These additional proceeds are for recovered depreciation, abatement of asbestos materials, code upgrades and project management. 5. Second Reading of Ordinance No. 148, 2020, Making Supplemental Appropriations of Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding for Transfort Operating Assistance, Preventative Maintenance, and Contracted Service Costs Related to Preparation for and Response to the COVID-19 Pandemic. (Adopted) This Ordinance, unanimously adopted on First Read ing on December 1, 2020, appropriates grant revenue Transfort has been allocated by the Federal Transit Agency (FTA). Transfort was awarded $10,368,067 and will net the amount of $8,719,626 in Coronavirus Aid, Relief and Economic Security (CARES) Act through FTA apportionments to urbanized areas. CARES funding is provided at a 100- percent federal share, with no local match required, and is available to support capital, operating, and other expenses to prepare for and respond to COVID-19. Transfort confirmed this money would be 1.1 Packet Pg. 17 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 273 available earlier in the year. At that time, Transfort planned to use the CARES funds to pay for what had previously been allocated from the General Fund for operating assistance, preventative maintenance, and contracted service costs. 6. Second Reading of Ordinance No. 153, 2020, Adopting the 2021 Larimer County Regional Transportation Capital Expansion Fee Schedule. (Adopted) This Ordinance, unanimously adopted on First Reading on December 1, 2020, adopts the 2021 Larimer County Regional Transportation Capital Expansion Fee Schedule. 7. Second Reading of Ordinance No. 154, 2020, Declaring Certain City -Owned Property on Arapaho Bend Natural Area as Road Right-of-Way. (Adopted) This Ordinance, unanimously adopted on First Reading on December 1, 2020, dedicates a strip of property owned by the Natural Areas Department (NAD) as road right-of-way (ROW) via the proposed Arapaho Bend Ponds Subdivision plat, and to authorize the City Manager to sign said plat. NAD is platting a 3.099-acre parcel for the construction of a new trailhead parking lot. This project triggers the development review process and the requirement to dedicate additional road right -of-way for Strauss Cabin Road. 8. Second Reading of Ordinance No. 155, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Cottonwood Manufactured Housing Community Rezoning. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on December 1, 2020, amends the City’s Zoning Map to change the zoning designation for the Cottonwood Manufactured Housing Community (MHC), one of six properties containing manufactured housing communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured housing preservation. This rezoning request has been initiated by the City of Fort Collins. The Cottonwood MHC is located at 1336 Laporte Avenue and the zoning is proposed to change from the Low Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (MH) zone district. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval. 9. Second Reading of Ordinance No. 156, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property known as the Northstar Manufactured Housing Community Rezoning. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resoluti on 2019-064. This Ordinance, unanimously adopted on First Reading on December 1, 2020, amends the City’s Zoning Map to change the zoning designation for the North Star Manufactured Housing Community (MHC), one of six properties containing manufactured hous ing communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured housing preservation. This rezoning request has been initiated by the City of Fort Collins. 1.1 Packet Pg. 18 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 274 North Star MHC is located at 1700 Laporte Avenue and the zoning is proposed to change from the Low Density Mixed-Use Neighborhood (LMN) zone district to a combination of the Manufactured Housing (MH) zone district and the Low Density Mixed -Use Neighborhood zone district. The rezoning request is su bject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval. 10. Second Reading of Ordinance No. 157, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Skyline Manufactured Housing Community Rezoning. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on December 1, 2020, amends the City’s Zoning Map to change the zoning designation for the Skyline Manufactured Housing Community (MHC), one of six properties containing manufactured housing communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured housing preservation. This rezoning request has been initiated by the City of Fort Collins. The Skyline MHC is located at 2211 West Mulberry Street and the zoning is proposed to change from the Low Density Mixed-Use Neighborhood (LMN) zone district to a combination of the Manufactured Housing (MH) zone district and the Low Density Mixed -Use Neighborhood zone district. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval. 11. Second Reading of Ordinance No. 158, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Harmony Village Mobile Home Park Rezoning. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading, amends the City’s Zoning Map to change the zoning designation for the Harmony Village Manufactured Housing Community (MHC), one of six properties containing manufactured housing communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured housing preservation. This rezoning request has been initiated by the City of Fort Collins. The Harmony Village MHC is located at 2500 East Harmony Road and the zoning is proposed to change from the Low Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (M-H) zone district. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval. 1.1 Packet Pg. 19 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 275 12. Second Reading of Ordinance No. 159, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as t he Hickory Village Mobile Home Park Rezoning. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on Second Reading on December 1, 2020, amends the City’s Zoning Map to change the zoning designation for the Hickory Village Manufactured Housing Community (MHC), one of six properties containing manufactured housing communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured housing preservation. This rezoning request has been initiated by the City of Fort Collins. The Hickory Village MHC is located at 400 Hickory Street and the zoning is proposed to change from the Low Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (M -H) zone district. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval. 13. Second Reading of Ordinance No. 160, 2020 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Pleasant Grove Manufactured Housing Community Rezoning. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on December 1, 2020, amends the City’s Zoning Map to change the zoning designation for the Pleasant Grove Manufactured Housing Community (MHC), one of six properties containing manufactured housing communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured housing preservation. This rezoning request has been initiated by the City of Fort Collins. The Pleasant Grove MHC is located at 517 East Trilby Road and the zoning is proposed to change from the Low Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (M- H) zone district. The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval. 14. First Reading of Ordinance No. 161, 2020, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) The purpose of this item is to make amendments to the Land Use Code (“LUC”). There are proposed revisions, clarifications and additions to the LUC that address specific subject areas that have arisen since the last update was initiated in the Fall of 2019. 1.1 Packet Pg. 20 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 276 15. First Reading of Ordinance No. 162, 2020, Conveying a Replacement Telecommunications Easement to Qwest Corporation d/b/a CenturyLink QCon at the City’s Foothills Activity Center. (Adopted) The purpose of this item is to convey a replacem ent telecommunications easement to Qwest Corporation d/b/a CenturyLink QCon (CenturyLink) at the City -owned Foothills Activity Center (“FAC”) as a result of an obligation associated with the replatting of the Foothills Mall and to replace a “blanket” easement granted in 1975. The easement accurately depicts CenturyLink’s existing telecommunication line on the FAC parcel. 16. First Reading of Ordinance No. 163, 2020, Approving the First Amendment to Ground Lease Agreement Between the Cities of Loveland and Fort Collins and Discovery Air, LLC, for Property at the Northern Colorado Regional Airport. (Adopted) The purpose of this item is to approve an amendment to the long -term aviation land lease agreement between the Cities of Fort Collins and Loveland (Cities) and Discovery Air, LLC signed in January of 2019. The lease terms included a (50) year lease for a large-scale aviation development project. The project has progressed since the execution of the original lease, and Discovery Air has obtained the necessary development approvals to continue pursuit of their development. Discovery Air has since determined it necessary to pursue a phased approach to its development and accordingly has requested that the Cities amend the original Lease. Due to the complexity and unique provisions of the original lease and this proposed amendment, the Northern Colorado Regional Airport Commission does not have the authority to approve and sign the Lease Amendment . The two Cities must each approve in accordance with their respective Municipal Codes and Charters. The Northern Colorado Regional Airport Commission reviewed the lease agreement amendment at its November 12, 2020, meeting, and unanimously recommended approval by the Councils. The proposed Airport development includes the construction of corporate aircraft hangar facilities and associated office space, a potential aircraft support center, a restaurant, and all infrastructure to support these facilities. This lease amendment will allow success of the public -private partnership. The Airport has approximately 200 acres of space available for aeronautical development. This proposal will use approximately 10% of the available land for what is considered to be the highest and best use of the property, which is in accordance with the Council adopted Airport Master Plan and Airport Commission Adopted Strategic Plan. The Airport will create revenues through lease payments from the property in addition to other revenues from the operations of the campus. The new buildings will create jobs and enhance the regional economic impact of the Airport. 17. Resolution 2020-114 Finding Substantial Compliance and Initiating Annexation Proceedings for the Springer-Fisher Annexation No. 1. (Adopted) The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Springer-Fisher Annexation No. 1. The applicant has submitted a written petition requesting two sequential annexations. Springer-Fisher Annexation No. 1 is the first of two sequential annexations located northwest of the East Mulberry Street and Greenfields Court intersection. Annexation No. 1 is 71.34 acres in size and establishes the required 1/6 perimeter boundary contiguity with the existing City boundary to the north. The requested zoning for this annexation is General Commercial (C -G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed- Use Neighborhood (M-M-N) in compliance with the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. Portions of the property located in the M-M-N and L-M-N zone districts would be placed within the Residential Neighborhood Sign District while portions of the property located in the E, N-C, and C-G zone districts would not be placed in the Residential Sign District. Notice to parcels abutting platted streets was provided pursuant to §31-12-105, C.R.S. No project development plan proposal was submitted in conjunction with the annexation application. 1.1 Packet Pg. 21 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 277 This annexation request is in conformance with the Colorado Revised Statute as it relates to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. 18. Resolution 2020-115 Finding Substantial Compliance and Initiating Annexation Proceedings for the Springer-Fisher Annexation No. 2. (Adopted) The purpose of this item is to determine substantial compliance and initiate annex ation proceedings for the Springer-Fisher Annexation No. 2. The Applicant has submitted a written petition requesting two sequential annexations. Springer-Fisher Annexation No. 2 is the second of two sequential annexations located northwest of the East Mulberry Street and Greenfields Court intersection. Annexation No. 2 is 5.46-acres in size and establishes the required 1/6 perimeter boundary contiguity with the extension of the municipal boundary created by the Springer-Fisher Annexation No. 1. The requested zoning for this annexation is General Commercial (C-G) in compliance with the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan and the property would not be included in the Residential Sign District. Notice to parcels abutting platted streets was provided pursuant to §31- 12-105, C.R.S. No project development plan proposal was submitted in conjunction with the annexation application. This annexation request is in conformance with the Colorado Revised Statute as it relates to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management. 19. Resolution 2020-116 Making Appointments to the Downtown Development Authority Board. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Downtown Development Authority Board. • CONSENT CALENDAR FOLLOW-UP Councilmember Gutowsky welcomed the three new members who were appointed to the Downtown Development Authority Board via Item No. 19, Resolution 2020-116 Making Appointments to the Downtown Development Authority Board. • STAFF REPORTS Staff Report: Community Dashboard Metrics - City Employee Safety Metrics (staff: Claire Goodwin) City Manager Atteberry stated this staff report relates to the Community Dashboard metric of City Employee Safety, which is tracked by the City's Safety and Risk Management Office. Claire Goodwin, Safety and Risk Management Senior Manager, stated the City organization embodies its safety vision of creating the safest workplace in America by supporting the concept that safety matters as much as getting the job done. She outlined the variety of programs provided to City employees that emphasize safety from day one and discussed the 'near miss reporting' indicator that aims to gather and fix issues before they lead to injury. Additionally, she discussed the lagging indicator of injury and illness reporting that allows for resource prioritization. Goodwin outlined the two metrics related to safety: the City's total reportable injury and illness rate, which is an Occupational Safety and Health Administration standard metric across the country, and the days away restricted or transferred rate, which is an indicator of more significant issues. Goodwin discussed the Safety Partner Program and other components of the safety program. 1.1 Packet Pg. 22 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 278 City Manager Atteberry noted the City is not only striving to be the safest government, but the safest workplace in the country. Councilmember Cunniff noted this effort is also related to leadership in the community. Councilmember Gutowsky noted concern about safety reflects the care the City has for its employees. • COUNCILMEMBER REPORTS Councilmember Pignataro reported on the lights at the Gardens on Spring Creek and on the virtual legislative breakfast with Senator Ginal and Representatives Arndt and Kipp. Councilmember Gutowsky reported on a visit to the mental health exhibit at the Museum of Discovery and on a tour of the new Police training facility at the Northern Colorado Regional Airport. Councilmember Summers reported on his tour of the Police training facility. Mayor Pro Tem Stephens reported on a conversation with Scouts on local government and on the menorah lighting in Old Town Square. She provided a slide of mental health resources available in the community. Mayor Troxell reported on the menorah lighting ceremony and on the weekly meeting with Larimer County Health Director Tom Gonzales. He encouraged citizens to remain vigilant during the holidays and to remember to shop locally. He also commented on the City's partnership with NoCo Nosh to keep delivery fees down, mentioned the legislative breakfast, and commented on proclamations he issued earlier in the meeting. He also discussed the new Police training facility. Councilmember Gutowsky thanked community members for their efforts at decreasing COVID in the community. • DISCUSSION ITEMS 20. Resolution 2020-117 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Landmark Preservation Commission's Determinations of Landmark Eligibility for 724 and 726 South College Avenue. (Adopted) The purpose of this item is to make findings of fact and conclusions regarding the appeal of the Landmark Preservation Commission's Determinations of Landmark Eligibility for 724 and 726 South College Avenue. The appeal was heard by Council on December 1, 2020. The Council voted to overturn the Commission’s decision. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2020-117. Councilmember Cunniff stated he would support the motion despite his dissenting vote at the appeal hearing. He commented on the need for Council to focus strictly on Land Use Code issues during appeals. Mayor Pro Tem Stephens stated she would support the motion despite her dissenting vote as the resolution is a finding of fact representing what happened at the appeal hearing. She commented 1.1 Packet Pg. 23 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 279 on the need for future historic preservation noting Fort Collins is a city with a great deal of vernacular architecture. Councilmember Gutowsky stated she would support the motion despite her dissenting vote at the appeal hearing. She discussed the importance of the history of older buildings in the community. Mayor Troxell commented on the importance of looking at historical resources from a contextual perspective and on prioritizing historical resources. RESULT: ORDINANCE NO. 117, 2020 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 21. First Reading of Ordinance No. 164, 2020, Authorizing the City Manager to Execute an Agreement with the Developer of Montava for the Annual Use of Up to 25 Acre -Feet of Water of Fort Collins Utilities in a Plan for Augmentation for a Potable Water Supply for the Montava Property. (No Action Taken) The purpose of this item is to consider a perpetual agreement between HF2M Inc., the Developer of Montava (Developer), and Fort Collins Utilities (Utilities). Under the agreement, in exchange for cash payments, Utilities would annually deliver up to 25 acre-feet of augmentation water from the City’s Rigden Reservoir in southeast Fort Collins to the Poudre River. The Developer (and successor entities) would use the augmentation water to replace the steam depletions from groundwater wells that would provide a potable water supply for Montava. The cash payments and water deliveries contemplated in the agreement are contingent on the Developer acquiring various City and Wate r Court approvals. RESULT: WITHDRAWN 22. Resolution 2020-118 Giving Staff Direction on Next Steps for City Council Adoption of Plastic Pollution Mitigation Strategies. (Adopted) The purpose of this item is to present a Resolution to Council that directs staff to prepare an ordinance for Council adoption, with anticipation that Council refers the adopted ordinance to the April election. Based on Council feedback to date, the ordinance will include a hybrid approach, banning plastic bags and putting a fee on paper bags at all large grocers. Molly Saylor, Senior Environmental Planner, stated Council is being asked to consider a resolution to direct staff to develop a plastic pollution ordinance and related ballot language. She discussed the policy elements on which this is based and noted plastic pollution is a Council priority which aligns with specific strategic objectives. Saylor stated staff will bring a draft ordinance including these policy elements and optional language banning expanded polystyrene take-out containers at chains and/or franchise restaurants to the January worksession. (Indecipherable name) discussed macro-plastic pollution and noted food wrappers are the top plastic pollutants in oceans and rivers. He stated no public industrial compostable facilities exist in or near Fort Collins and requested Council consider setting up such a facility and provide associated public education. He also discussed micro-plastic pollution, specifically caused by the laundering of synthetic clothing. He encouraged the City to consider promoting awareness and 1.1 Packet Pg. 24 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 280 incentives for homes, hotels, laundromats, and dry cleaners to install filtering devices on laundry machines. Kim Miller encouraged the formation of a strong public education program should plastic grocery bags be banned. She commented on the need for a comprehensive plan to combat plastic pollution and encouraged the City to promote circular economies with things such as reusable takeout containers. She also encouraged the City to work with legislators on statewide legislation. Councilmember Cunniff thanked the speakers for their suggestions and noted Council's initiative to reduce plastic pollution remains an important Council priority. He commended the variety of ideas. Mayor Troxell commended the speakers and stated those broader perspectives are important. He commented on the use of single-use bags in trash cans and stated there could be a more thoughtful approach to the zero-waste strategy than simple punitive measures. He also discussed the importance of being proactive with regard to equity and opposed placing any measure on the ballot at this time. Councilmember Summers stated large grocers would rather see a statewide initiative as managing a variety of regulations across municipalities is difficult. He also stated grocers would prefer to see a fee for the use of bags rather than an outright ban. He commented on paper bags using more water, being more expensive to produce, and taking up more landfill space. He also stated this is not the right time to deal with this issue given the financial impact of COVID on businesses. He questioned how Fort Collins is going to analyze the success of its efforts. Councilmember Pignataro stated this has been a Council priority since May of 2019 and she noted the referendum takes the impact of COVID into account by pushing off enforcement until May of 2022. She supported its placement on the ballot. Mayor Troxell asked what data will be tracked. Saylor replied staff is proposing to track the presence of litter and the associated proportion of plastic bags in natural areas over time. Additionally, the distribution of different types of bags over time will also be tracked, as is done in other communities. Mayor Troxell asked about the single-use bags in office wastebaskets. Saylor replied this ordinance specifically addresses plastic bags from grocers and would not impact liner bags. She stated staff has identified best practices from other cities that working specifically on grocery bags tends to be what covers the majority of what ends up in the environment. Councilmember Gutowsky noted liners are filled with trash prior to going to the landfill whereas the grocery bags often blow free. She asked if this ordinance would address plastic bags used in department stores. Saylor replied the existing language is limited to large grocers. Councilmember Gutowsky asked if it would be possible for Council to add items to the list of banned single-use plastic bags without an additional referendum. City Attorney Daggett replied Council would retain the power to make adjustments after approval of the referendum by voters. Councilmember Gorgol stated this is part of a comprehensive policy. She commended the idea of offering rebates for micro-plastic catchers for washing machines. She suggested ensuring ballot language is clear but supported expanding a plastic bag ban for all retailers. 1.1 Packet Pg. 25 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 281 Councilmember Summers asked if the polystyrene ban would apply to cups as well. Saylor replied Council's direction was only related to take-out containers. Councilmember Summers questioned how success in the future will be evaluated if there is no clear indication of where we are in the present. Jackie Kozak -Thiel, Chief Sustainability Officer, replied staff would work to establish as much baseline data as possible prior to the 2022 implementation. Councilmember Summers stated regulations and policies are not necessary just because Council establishes a priority. He stated passage of this referendum would result in Fort Collins being the only municipality in Colorado to ban single-use plastic bags. Councilmember Cunniff stated one of the advantages of taking this approach is that adjustments can be made if data does not match the hypothesis. He noted there is data that shows a plastic bag ban does reduce plastic pollution and collecting additional data in Fort Collins will empower future Councils to continue to adjust their approach to the problem. Councilmember Pignataro asked about the income-qualified fee exemption. Saylor replied staff will bring more specific language to the January worksession; however, other communities tie those exemptions to things like WIC benefits. Councilmember Gutowsky concurred with Councilmember Summers that success can only be assessed with a clear indicator of what is being measured. Mayor Troxell concurred and stated the scope of the topic is also important noting all single-use plastic bags should be considered. Mayor Pro Tem Stephens stated she did have some concerns about the timing of this; however, postponing the start until May of 2022 alleviates some of her concerns. She encouraged additional research on equity and supported starting with large grocers in these efforts. Mayor Troxell stated there is a great deal of environmental consciousness in the community and efforts have already begun with retailers offering different options. He stated working on circular economies and post-consumer waste as it relates to packaging would be a more effective direction. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2020-118, with the hybrid model for large grocers with wording including income exceptions. Councilmember Cunniff stated he would support adding in some possible future dates by which Council could decide to extend the ban on plastic bags to other retailers and could extend language related to take-out containers. Mayor Troxell questioned why the plastic bag language should extend only to retailers and not to businesses. Councilmember Cunniff replied retailers are the only metric with data and it is easier to quantify a specific impact with respect to retailers versus generic use of single-use plastics by businesses. He stated keeping the language more focused is more appropriate at this time; however, plastic pollution should continue to be addressed. He noted wastebasket liners are typically weighed down by their contents by the time they reach the landfill, as opposed to retail 1.1 Packet Pg. 26 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 282 plastic bags which easily blow away. He noted these bags are not purchased products but are convenience services being provided by retailers. Councilmember Pignataro asked if other communities researched by staff have considered bans on business use of plastic bags. Saylor replied there are few examples of communities banning the use of intentionally purchased liners. Councilmember Gutowsky asked about the difference between retailers and businesses. Councilmember Pignataro replied retailers provide customers with bags as a secondary item as opposed to businesses which may use bags as primary items; however, she stated she would like primary use bags to ultimately be addressed in the future. Councilmember Cunniff suggested the use of 'point of sale' bags in the language. Mayor Troxell asked if the City would still provide pet waste bags along trails. Councilmember Cunniff replied he believes that is an independent discussion and Council could provide direction on that independently. City Attorney Daggett clarified the resolution calls for a ban on distribution of single-use plastic bags and a fee on paper bags applicable to large retail grocers in Fort Collins, to commence May 1, 2022. She stated it sets caps on the fee aspect, the amount of the fee that would come to the City, and does provide an exemption for low-income residents. It also provides for suspension of the program as deemed necessary due to public health emergencies or other unforeseen circumstances and requires monitoring and reporting on equity impacts, compliance, and outcomes. Mayor Troxell asked how large retail grocers would be defined. City Attorney Daggett replied definitions have yet to be determined; however, there are examples from other communities from which staff can begin to formulate draft language. Councilmember Cunniff made a motion to amend to change item A of section 2 to utilize language from the 2014 bag ordinance relating to 'point of sale' bags while still retaining the large retail grocer definition. City Attorney Daggett stated the 2014 ordinance defines 'retailer' as any person selling, leasing, or renting tangible personal property or services at retail that provides disposable bags to customers. She further detailed the definition of 'disposable bag' as a bag, other than a reusable bag, provided to a customer at a check-out stand, cash register, point of sale, or other point of departure, by any retailer for the purpose of transporting and carrying away items purchased at the retail location. Mayor Pro Tem Stephens accepted the amendment as being friendly. Councilmember Gorgol asked if the language as written would still allow for the expansion of the ban to all retailers in the future. City Attorney Daggett replied the resolution as written would not direct staff to include language about other potential businesses that would be subject to this regulation; however, Council would not be legally prohibited from doing that on its own in the future. Councilmember Gorgol stated she would like to include some language related to directing staff to return with options for expansion. 1.1 Packet Pg. 27 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 283 Mayor Pro Tem Stephens and Councilmember Cunniff accepted that language inclusion as being friendly. Councilmember Cunniff questioned whether voter authorization is needed for Council to engage in strategies to reduce or eliminate expanded foam take-out containers. City Attorney Daggett replied there is nothing that would preclude Council from engaging in such strategies other than whatever external limits there might be from state or federal provisions. City Attorney Daggett read the motion as she captured it, including certain language suggestions she made. Mayor Troxell commented on his desire to keep the language specific. City Attorney Daggett noted additional specificity and options could be provided at the January worksession. Mayor Troxell also recommended including what other communities in the waste shed are doing regarding single-use plastic bags. Mayor Troxell questioned why littering enforcement is not sufficient to address this issue. City Attorney Daggett replied more details could be provided at the worksession, but the challenge with litter enforcement is that it is difficult to determine who caused litter to occur. Councilmember Cunniff and Mayor Pro Tem Stephens accepted the City Attorney's language changes as friendly. City Attorney Daggett asked if Council would like to see options related to take-out containers and other single-use plastics. Councilmember Cunniff stated his preference would be to limit the ballot measure to bags only and, as part of the overall Council strategy on reducing plastic pollution, staff can bring forth other reduction mitigation measures in the future. Councilmembers Gutowsky and Pignataro concurred. Mayor Troxell stated he would oppose the motion as he would prefer a more systemic and innovative approach. RESULT: RESOLUTION 2020-118 ADOPTED [5 TO 2] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Stephens, Cunniff NAYS: Summers, Troxell • OTHER BUSINESS Councilmember Cunniff noted his term on the Platte River Power Authority Board expires at the end of December and a successor will need to be appointed in January. He stated he would be willing to continue to serve but requested staff bring forth a resolution in January to appoint a representative. 1.1 Packet Pg. 28 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) December 15, 2020 City of Fort Collins Page 284 Mayor Troxell and Mayor Pro Tem Stephens supported Councilmember Cunniff continuing to serve on the PRPA Board until the end of his Council term. Councilmember Pignataro noted both the Mayor and Councilmember Cunniff will have terms on the Board ending in April with their Council terms and questioned the plan of succession. Mayor Troxell noted the previous representatives had been the Mayor and the Light and Power Director and he suggested that is a conversation Council should have with the City Manager. City Manager Atteberry noted Mayor Pro Tem Stephens' departure from Council will also leave a vacancy on the Poudre Fire Authority Board and he stated he will ask Council to make an appointment so as to avoid a meeting being missed. Councilmembers commented on the need to fill other positions. Mayor Pro Tem Stephens noted other Councilmembers who may have an interest in serving on Boards could attend as members of the public. City Attorney Daggett commented on the City language that replaces individuals on Boards should Council not take other specific action. She stated staff can bring forth a resolution with blanks for appointees for various Boards that may need appointments to be filled. ● ADJOURNMENT Consideration of a motion to adjourn this meeting to 6:00 p.m. on Tuesday, December 22: Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council adjourn this meeting to 6:00 p.m. on Tuesday, December 22, for consideration of items relating to the Council Vacancy Process and such other business as may come before the Council. RESULT: MOTION ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff The meeting adjourned at 9:08 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.1 Packet Pg. 29 Attachment: December 15, 2020 (9893 : Minutes - 12/15 & 12/22) City of Fort Collins Page 285 December 22, 2020 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM (Secretary's Note: Due to the COVID-19 crisis and state and local orders to remain safer at home and not gather, all Councilmembers, staff, and citizens attended the meeting remotely, via teleconference.) Mayor Troxell outlined the public participation options. • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff STAFF: Atteberry, Daggett, Coldiron • AGENDA REVIEW City Manager Atteberry stated Item No. 1, District 4 Council Vacancy, was amended to include all applicants and related application materials and Item No. 2, Consideration of Resolution 2020- 119 Approving an Intergovernmental Agreement with the City of Loveland and Larimer County Related to Corrective Measures at the Larimer County Landfill, was added to the agenda. Additionally, Council may consider a motion to adjourn into Executive Session to discuss legal issues related to the Hughes Property Citizen Initiative Declaratory Judgement Action. 1. District 4 Council Vacancy. (NO ACTION TAKEN) The purpose of this item is to provide opportunity for the public to offer comments on the applicants for the District 4 Council vacancy, to give Councilmembers an opportunity to identify finalists who will move forward to the interview process, and to consider changes to the established process to fill the vacancy, if desired. Applications for the District 4 Vacancy were received from: 1. Jessica Dyrdahl 2. Erin Hottenstein 3. Philip Jensen 4. Veronica Olivas 5. Shirley Peel 6. Melanie Potyondy 7. Sidna Rachid 8. William Wright Delynn Coldiron, City Clerk, noted the District 4 vacancy exists due to the resignation of Mayor Pro Tem Stephens who was recently elected as a Larimer County Commissioner. She outlined the advertisement process seeking applicants for the vacancy and stated eight applications were received. She discussed the public input process, outlined the necessary qualifications, and stated the oath of office to the selected incoming Councilmember will be administered January 19. William Wright announced his candidacy and stated he is the right person to fill the seat because of his passion about affordable housing and lessening food insecurity. Jillian Bush endorsed Dr. Melanie Potyondy for the Council appointment. John Berg endorsed Dr. Melanie Potyondy for the Council appointment. 1.2 Packet Pg. 30 Attachment: December 22, 2020 (9893 : Minutes - 12/15 & 12/22) December 22, 2020 City of Fort Collins Page 286 Shirley Peel announced her candidacy and stated she would like to help continue to mitigate the negative impacts of COVID-19 on the community and work to limit negative environmental impacts based on sound science and data-driven facts. Kiera Beckham endorsed Dr. Melanie Potyondy for the Council appointment. Chris Rosazza endorsed Dr. Melanie Potyondy for the Council appointment. Tom List endorsed Dr. Melanie Potyondy for the Council appointment. Dr. Melanie Potyondy announced her candidacy and stated she has a good perspective on the strengths and needs of the community given her work in the public education system. She commented on the importance of equity, access, and environmental protection. Lea Goodrich endorsed Dr. Melanie Potyondy for the Council appointment. Lindsay Mason endorsed Jessica Dyrdahl for the Council appointment. Mark Stenglein endorsed Dr. Melanie Potyondy for the Council appointment. Jen Johnson endorsed Jessica Dyrdahl for the Council appointment. Jeffrey Bauer endorsed Shirley Peel for the Council appointment. Jeff Pace endorsed Shirley Peel for the Council appointment. Emily Gallichotte endorsed Dr. Melanie Potyondy for the Council appointment. Steve Undy endorsed Erin Hottenstein for the Council appointment. Kurt Knierim endorsed Dr. Melanie Potyondy for the Council appointment. Veronica Olivas announced her candidacy and stated she would like to continue the work started by Mayor Pro Tem Stephens. Zachary Sumner endorsed Jessica Dyrdahl for the Council appointment. Sidna Rachid announced her candidacy and discussed her qualifications, specifically related to budget issues. Jerick Flores endorsed Jessica Dyrdahl for the Council appointment. Heather Siegel endorsed Dr. Melanie Potyondy for the Council appointment. Reina Robles endorsed Dr. Melanie Potyondy for the Council appointment. Jason Hevelone endorsed Dr. Melanie Potyondy for the Council appointment. 1.2 Packet Pg. 31 Attachment: December 22, 2020 (9893 : Minutes - 12/15 & 12/22) December 22, 2020 City of Fort Collins Page 287 Carissa Dunlap endorsed Jessica Dyrdahl for the Council appointment. Lyss de laTorre endorsed Dr. Melanie Potyondy for the Council appointment. Staff Sergeant Molina endorsed Jessica Dyrdahl for the Council appointment. Leslie Lees endorsed Shirley Peel for the Council appointment. Marty Tharp endorsed Erin Hottenstein for the Council appointment. Jessica Dyrdahl announced her candidacy and discussed her qualifications. Mayor Troxell thanked the speakers and commented on the strong commitment of individuals to the community. Councilmember Gutowsky thanked the speakers and candidates who introduced themselves. Councilmember Pignataro stated Council should proceed with the process as it has been outlined and asked how the interview process worked two years ago when Councilmember Overbeck's seat was filled. City Clerk Coldiron replied she would follow up with that information. Councilmembers commented on the appropriate process for the interviews. Mayor Pro Tem Stephens thanked the candidates and those who spoke on their behalf. Mayor Troxell suggested leaving the pool at the full eight candidates and he outlined the upcoming dates for the interview and appointment process. 2. Resolution 2020-119 Approving an Intergovernmental Agreement with the City of Loveland and Larimer County Related to Corrective Measures at the Larimer County Landfill. (Secretary's Note: Mayor Pro Tem Stephens recused herself from the discussion of this item due to a conflict of interest.) Matt Zoccali, Utilities Environmental Regulatory Affairs Senior Manager, stated staff is recommending approval of this intergovernmental agreement to help facilitate the cleanup that is needed at the landfill, which is jointly owned by the Cities of Fort Collins and Loveland and Larimer County. He stated the source of the environmental contamination is an interaction between the landfill debris and groundwater in the area and a specific chemical has started to leech into the groundwater necessitating remediation. Judy Schmidt, City Attorney's Office, discussed the key elements of the intergovernmental agreement including shared remediation, closure, and transaction costs as well as the definitions of roles and responsibilities of each party in carrying out the remediation work. She stated Fort Collins' role would be to defer to the County in dealings with the Colorado Department of Public Health and Environment (CDPHE); however, there are specifically identified instances wherein the City could be more involved. Other key provisions include an agreement by the cities to begin to pay tipping fees for municipal waste streams at the beginning of 2021 and a requirement that 1.2 Packet Pg. 32 Attachment: December 22, 2020 (9893 : Minutes - 12/15 & 12/22) December 22, 2020 City of Fort Collins Page 288 the City Manager obtain Council approval of an ordinance to allow work in the Natural Area to the extent that is required as part of a CDPHE approved plan. Councilmember Summers thanked staff for their work on this item and asked if estimated cos ts have been developed. Zoccali replied there is a great deal of uncertainty at this point; however, there will likely be a suite of remedial options. Councilmember Summers asked about the funding sources for the City's share. City Manager Atteberry replied that is to be determined; however, the General Fund will play a significant role. Travis Storin, Interim Chief Financial Officer, concurred and stated staff has determined dedicated revenues within funds such as the Natural Areas, Stormwater, or Wastewater Funds would not be eligible for contributions. He stated staff is looking at possible contributions from the self- insurance fund. Councilmember Cunniff thanked staff for their work and asked if there is still a concern about aquifer depletion. Zoccali replied that was discussed and any type of remediation would need to be done with some evaluation of injury to water rights. Councilmember Cunniff asked if the City has a bit of room to maneuver regarding the surface remediation at the Cathy Fromme Prairie Natural Area. Schmidt replied that is accurate and while the County will be the main point of contact with CDPHE, the City may have to communicate to protect the interests of the City in certain circumstances. Councilmember Cunniff asked if there is a need for additional conversation in Executive Session. City Attorney Daggett replied the basic terms of the agreement are not unexpected and most of the language is quite detailed. Councilmember Gorgol thanked staff for their work on the negotiations. Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Resolution 2020-119. Councilmember Cunniff stated the financial agreement seems to be fair given the ownership structure of the landfill; however, he is not completely comfortable regarding the CDPHE communication aspect. RESULT: RESOLUTION 2020-119 ADOPTED [6 TO 0] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff RECUSED: Stephens • OTHER BUSINESS A. Consideration of a Motion to enter into an Executive Session to discuss legal issues related to the Hughes Property Citizen Initiative Declaratory Judgment Action. (Secretary's Note: Mayor Pro Tem Stephens withdrew from the discussion of this item due to a conflict of interest.) 1.2 Packet Pg. 33 Attachment: December 22, 2020 (9893 : Minutes - 12/15 & 12/22) December 22, 2020 City of Fort Collins Page 289 Councilmember Cunniff made a motion, seconded by Councilmember Summers, that the City Council go into executive session for the purpose of meeting with the City’s attorneys and staff to discuss specific legal questions related to litigation regarding the Hughes Property Citizen Initiative Declaratory Judgment Action as permitted under: City Charter Article Roman Numeral Two, Section 11(2), City Code Section 2-31(a)(2), and Colorado Revised Statutes Section 24-6- 402(4)(b). RESULT: MOTION ADOPTED [6 TO 0] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Troxell, Cunniff RECUSED: Stephens • ADJOURNMENT The meeting adjourned at 7:46 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk 1.2 Packet Pg. 34 Attachment: December 22, 2020 (9893 : Minutes - 12/15 & 12/22) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Selina Lujan, Senior Indoor Air Quality Specialist Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 001, 2021, Appropriating Unanticipated Grant Revenue and Autho rizing Transfers in the General Fund for the Environmental Services Radon Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 5, 2021, appropriates unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities iden tified in the Environmental Services Department’s core budget offer and requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2021 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 001, 2021 (PDF) 2 Packet Pg. 35 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Selina Lujan, Senior Indoor Air Quality Specialist Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 001, 2021, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Environmental Services Radon Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer and requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2021 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Radon is a priority indoor air quality pollutant in Fort Collins, as it is the leading cause of lung cancer in non- smokers, and second leading cause for smokers (after smoking). Radon tests show that sixty-five percent of homes in Fort Collins test higher than the Environmental Protection Agency's (EPA) defined "action levels" for mitigating radon gas. The Environmental Services Department will use these grant funds to augment existing programs for education and outreach to raise awareness of the health risks, provision of low cost radon test kits to residents, and information to help mitigate high radon levels. CITY FINANCIAL IMPACTS City resources would increase by $9,000. Required matching funds have already been appropriated in the 2021 General Fund in the Environmental Services operating budget. BOARD / COMMISSION RECOMMENDATION Radon is a priority pollutant identified by the Air Quality Advisory Board, but no formal recommendation was sought for appropriation of the grant funds to augment existing radon program efforts. PUBLIC OUTREACH Public outreach regarding radon will be conducted throughout the year with radon presentations, provision of outreach materials and radon test kit sales. ATTACHMENT 1 2.1 Packet Pg. 36 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9884 : SR 001 Radon Program Grant Appropriation) -1- ORDINANCE NO. 001, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE AND AUTHORIZING TRANSFERS IN THE GENERAL FUND FOR THE ENVIRONMENTAL SERVICES RADON PROGRAM WHEREAS, the City has been awarded a Colorado Department of Public Health and Environment grant in the amount of $9,000 for the Environmental Services Radon Program (the “Program”); and WHEREAS, the grant will be used to support radon testing and mitigation programs; and WHEREAS, the grant requires $6,000 in matching funds from the City, which have been appropriated and are available in the General Fund for this purpose; and WHEREAS, radon is a priority indoor air quality pollutant in Fort Collins and is the leading cause of lung cancer in non-smokers; and WHEREAS, radon tests show that sixty-five percent of homes in Fort Collins test higher than the Environmental Protection Agency’s defined “action levels” for mitigating radon gas; and WHEREAS, the Program provides education and outreach to raise awareness of the health risks and provides low cost radon test kits to residents; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves a public purpose by helping to alleviate effects of radon in the homes of the residents of Fort Collins; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 2.2 Packet Pg. 37 Attachment: Ordinance No. 001, 2021 (9884 : SR 001 Radon Program Grant Appropriation) -2- 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 NINE THOUSAND DOLLARS ($9,000) for expenditure in the General Fund for the Environmental Services Radon Program. Section 3. That the unexpended appropriated amount of SIX THOUSAND DOLLARS ($6,000) is authorized for transfer from the Environmental Services operating budget in the General Fund to the Environmental Services Radon Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 38 Attachment: Ordinance No. 001, 2021 (9884 : SR 001 Radon Program Grant Appropriation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Melissa Funk, Victim Services Supervisor Jeremy Yonce, Police Lieutenant Adam Stephens, Legal SUBJECT Items Relating to the Fort Collins Police Services Victim Services Unit. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 002, 2021, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. Second Reading of Ordinance No. 003, 2021, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victims of Crime Act in the General Fund for the Fort Collins Police Services Victim Services Unit. These Ordinances, unanimously adopted on First Reading on January 5, 2021, 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 two grants. The VALE grant is a 12-month grant in the amount of $26,000 for the period from January 1, 2021 to December 31, 2021, by the Eighth Judicial District Victim Assi stance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for a portion of the victim advocate salary 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. The VOCA grant is a 24-month grant in the amount of $49,101 for the period from January 1, 20 21 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victims of Crime Act (VOCA), to help fund services provided by this team. The VOCA Grant will provide $24,551 in calendar year 2021 to the City with the remainder of $24,550 expected in calendar year 2022. These funds will be used for a portion of the victim advocate salary who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 002, 2021 (PDF) 3. Ordinance No. 003, 2021 (PDF) 3 Packet Pg. 39 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Melissa Funk, Victim Services Supervisor Jeremy Yonce, Police Lieutenant Adam Stephens, Legal SUBJECT Items Relating to the Fort Collins Police Services Victim Services Unit. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 002, 2021, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. First Reading of Ordinance No. 003, 2021, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victims of Crime Act 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 two grants. The VALE grant is a 12-month grant in the amount of $26,000 for the period from January 1, 2021 to December 31, 2021, 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 a portion of the victim advocate salary 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. The VOCA grant is a 24-month grant in the amount of $49,101 for the period from January 1, 2021 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victims of Crime Act (VOCA), to help fund services provided by this team. The VOCA Grant will provide $24,551 in calendar year 2021 to the City with the remainder of $24,550 expected in calendar year 2022. These funds will be used for a portion of the victim advocate salary who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances 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 statutes mandate law enforcement agencies follow the Victim Rights Amendment to the Colorado Constitution. Many of the stages in the mandated statutes are fulfilled by the Victim Services Unit, which has provided services to thousands of victims of violent crime in the community and their family members. Council has approved appropriations of the VALE grant revenue every year. Services to the community would be drastically cut without this grant award. ATTACHMENT 1 3.1 Packet Pg. 40 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9885 : SR 002 003 Victim Services Unit) Agenda Item 6 Item # 6 Page 2 This will be the second year Fort Collins Police Services has received VOCA grant funding. This funding will also help Police Services fulfill the legal mandates of the Victim Rights Amendment to the Colorado Constitution. CITY FINANCIAL IMPACTS The City has received a grant award in the amount of $26,000 from the Eighth Judicial District Victim Assistance and Law Enforcement Board and there is no match required. The City has also been awarded a grant in the amount of $49,861 from the Colorado Division of Criminal Justice under the Federal Victims of Crime Act (VOCA). The VOCA grant required a 25% match which will be filled by an in-kind match from volunteer hours worked. Both grants will be used to benefit victim services activities. 3.1 Packet Pg. 41 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9885 : SR 002 003 Victim Services Unit) -1- ORDINANCE NO. 002, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE EIGHTH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD 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 $26,000 (the “Grant”) for the period from January 1, 2021 to December 31, 2021 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, the Grant does not require a financial or in kind match by the City; 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 services to victims of crime in the community; and WHEREAS, appropriation of the Grant serves a public purpose by assisting crime victims in the Fort Collins 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, the City Manager has recommended the appropriation described herein and 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 TWENTY-SIX THOUSAND DOLLARS ($26,000) for expenditure in the General Fund for the Fort Collins Police Services Victim Services Unit. 3.2 Packet Pg. 42 Attachment: Ordinance No. 002, 2021 (9885 : SR 002 003 Victim Services Unit) -2- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.2 Packet Pg. 43 Attachment: Ordinance No. 002, 2021 (9885 : SR 002 003 Victim Services Unit) -1- ORDINANCE NO. 003, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO DIVISION OF CRIMINAL JUSTICE UNDER THE FEDERAL VICTIMS OF CRIME ACT IN THE GENERAL FUND FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT WHEREAS, Fort Collins Police Services has been awarded a grant by the Colorado Division of Criminal Justice in the amount of $49,901 (the “Grant”) under the Federal Victims of Crime Act (“VOCA”) to support the Fort Collins Police Services Victim Services Unit (“Victim Services”) for the period from January 1, 2021 to December 31, 2022; and WHEREAS, the amount to be received and appropriated in 2021 is $24,551, with the balance projected to be received in 2022; 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 for sexual assault victims between school ages of kindergarten through 12th grade; and WHEREAS, the Grant requires a 25% match which will be filled by an in-kind match from volunteer hours worked; and WHEREAS, appropriation of the Grant serves a public purpose by assisting crime victims in the Fort Collins 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, the City Manager has recommended the appropriation described herein and determined that the appropriation of the VOCA Grant 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. 3.3 Packet Pg. 44 Attachment: Ordinance No. 003, 2021 (9885 : SR 002 003 Victim Services Unit) -2- Section 2. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TWENTY-FOUR THOUSAND FIVE HUNDRED FIFTY-ONE DOLLARS ($24,551) for expenditure in the General Fund for the Fort Collins Police Services Victim Services Unit. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 3.3 Packet Pg. 45 Attachment: Ordinance No. 003, 2021 (9885 : SR 002 003 Victim Services Unit) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Andrew Gingerich, Civil Engineer Judy Schmidt, Legal SUBJECT Items Relating to Various Routine Amendments to City Code Chapter 26 Pertaining to Utility Services. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 004, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Make Various Updates Regarding the Wastewater Utility. B. Second Reading of Ordinance No. 005, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Water and Sewer Plant Investment Fees. C. Second Reading of Ordinance No. 006, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Update Provisions Regarding the City’s Utility Enterprise Boards. D. Second Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities, and Appurtenances for Utilities Purposes. These Ordinances, unanimously adopted on First Reading on January 5, 2021, adopt a variety of revisions, clarifications, and additions to update portions of City Code Chapter 26 pertaining to Utility Services. Ordinance No. 016, 2021 further explains and put bounds on the right of entry in the City Charter (Art. XII, Sec. 2), which states: The directors and employees of city-owned utilities shall have authority in the necessary discharge of their duties to enter upon any lands, properties or premis es, within or without the city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the service, reading meters, or any other purpose whatever in connection with the water, wastewater, electric, and other utilities. Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified to more clearly articulate Fort Collins Utilities’ (“Utilities”) right of entry and the corresponding rights of customers and the owners/occupants of such buildings and premises. Language has also been added to allow for procedures for disputes to be resolved by the Municipal Court when necessary and to allow the Utilities Executive Director to petition the Municipal Court to secure the right to enter specific buildings and premises for Utilities purposes as described in Section 26-22. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. 4 Packet Pg. 46 Agenda Item 4 Item # 4 Page 2 ATTACHMENTS 1. First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 004, 2021 (PDF) 3. Ordinance No. 005, 2021 (PDF) 4. Ordinance No. 006, 2021 (PDF) 5. Ordinance No. 016, 2021 (PDF) 4 Packet Pg. 47 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Andrew Gingerich, Civil Engineer Judy Schmidt, Legal SUBJECT Items Relating to Various Routine Amendments to City Code Chapter 26 Pertaining to Utility Services. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 004, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Make Various Updates Regarding the Wastewater Utility. B. First Reading of Ordinance No. 005, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Water and Sewer Plant Investment Fees. C. First Reading of Ordinance No. 006, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Update Provisions Regarding the City’s Utility Enterprise Boards. The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City Code Chapter 26 pertaining to Utility Services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Item A: Various updates regarding the wastewater utility. The purpose of this item is to make various updates regarding the wastewater utility and more specifically items related to pretreatment. The Wastewater Utility provides wastewater service to customers in its service area and also accepts waste disposal from septic tanks, vaults, privies, and portable toilets. Wastewater Utility staff has reviewed relevant portions of City Code to update them to be consistent with current operations of the Wastewater Utility and best management practices and has prepared proposed changes to City Code. Wastewater Utility staff worked with the U.S. Environmental Protection Agency to receive all necessary approvals for the proposed changes to the City Code. A summary of the changes is the following; ● Consolidate the cost to dispose waste at the transfer station to $0.09 per gallon instead of $0.074 for waste generated in Larimer County and $0.113 per gallon for waste generated outside Larimer County. ● Clarification of language on prohibitive discharge standards to allow for certain wastes if controlled by pretreatment standards and requirements. ● Clarification of language for grease, oil, or sand interceptors to state that they are not provided by City of Fort Collins Utilities and are to be installed and maintained by the facility owners of which they are required. ATTACHMENT 1 4.1 Packet Pg. 48 Attachment: First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (9886 : SR 004 005 006 016 Fall Utility Updates) Agenda Item 7 Item # 7 Page 2 ● Removed language from discharge limitations on silver from photograph and x-ray development as this discharge is no longer found due to digital photography. ● Clarification of language on discharge limitations to address changes to the use of mercury in dental facilities. Item B: Clarify Water and Sewer Plant Investment Fees. The purpose of this item is to clarify and add language to the Water and Wastewater plant investment fees (WPIFSs and SPIFS) sections of City Code to acknowledge the potential for the nature or quantity of the use of water to change when users of City Water and Wastewater increase their annual allotment by meeting an additional Water Supply Requirement pursuant to City Code Section 26-149. City Code currently does not expressly state that increases in a water users’ annual allotments are changes that may require additional WPIFs and SPIFs, although this has been the meaning and intent of these sections of City Code. Item C: Amending City Code Language regarding the Utility Enterprises. The purpose of this item is to update provisions of City Code Chapter 26 regarding the four utility enterprise boards to explicitly name the roles of Council members on the board of each Utility Enterprise (Water, Wastewater, Stormwater and Electric) and clarify the call and timing of enterprise board meetings. Historically, Council acting ex officio as the board of each enterprise has interpreted and implemented the City Code provisions for each enterprise by the Mayor acting as the president, the Mayor Pro Tem acting as the vice president, the Financial Officer acting as the treasurer, and the City Clerk acting as the secretary for each of the enterprise boards. Additionally, Council acting ex officio as the board of each enterprise has historically interpreted and implemented the Code provisions for each enterprise calling for meetings concurrently with regular or special meetings of Council by noticing and holding enterprise board meetings on the same date and immediately following a regular or special meeting of Council. In response to repeated citizen objections to the manner in which Council, acting ex officio as the board of each enterprise, has historically interpreted and implemented these Code provisions, the proposed language clarifies and confirms, by amending the relevant City Code provisions to expressly state that the officers of each enterprise are the City’s Mayor (as board president), Mayor Pro Tem (as board vice-president), Financial Officer (as board treasurer) and City Clerk (as board secretary), and that such officers have the same authority to execute the enterprise’s ordinances, debt obligations and other instruments as they have when acting in their City offices under applicable law. The proposed changes also clarify the call and timing of enterprise board meetings. CITY FINANCIAL IMPACTS The Code changes proposed above will have no direct financial impact to the City and any incidental impacts are not anticipated to occur often or result in significant lost revenue. BOARD / COMMISSION RECOMMENDATION Items A and B: Fort Collins Utilities Water Board voted unanimously on October 15, 2020. (Attachment 1) Items C: Fort Collins Utilities Energy Board voted unanimously on November 12, 2020. (Attachment 2) PUBLIC OUTREACH Staff has not done any public outreach as it was determined that the revisions were of a technical nature and would not adversely affect customers. 4.1 Packet Pg. 49 Attachment: First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (9886 : SR 004 005 006 016 Fall Utility Updates) Agenda Item 7 Item # 7 Page 3 ATTACHMENTS 1. Water Board Minutes, October 15, 2020 (PDF) 2. Energy Board Minutes, November 12, 2020 (PDF) 4.1 Packet Pg. 50 Attachment: First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (9886 : SR 004 005 006 016 Fall Utility Updates) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Andrew Gingerich, Civil Engineer Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities, and Appurtenances for Utilities Purposes. EXECUTIVE SUMMARY The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City Code Chapter 26 pertaining to Utility Services. More specifically, the purpose of this item is to further explain and put bounds on the right of entry in the City Charter (Art. XII, Sec. 2), which states: The directors and employees of city-owned utilities shall have authority in the necessary discharge of their duties to enter upon any lands, properties or premises, within or without the city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the service, reading meters, or any other purpose whatever in connection with the water, wastewater, electric, and other utilities. Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified to more clearly articulate Fort Collins Utilities’ (“Utilities”) right of entry and the corresponding rights of customers and the owners/occupants of such buildings and premises. Language has also been added to allow for procedures for disputes to be resolved by the Municipal Court when necessary and to allow the Utilities Executive Director to petition the Municipal Court to secure the right to enter specific buildings and premises for Utilities purposes as described in Section 26-22. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Consistent with the right of entry in the Charter, City Code has historically had various sections (now in Chapter 26 of City Code) confirming and providing greater details on the right of entry into buildings and premises for the Utilities purposes, including: supplying a utility service; examinations or surveys related to a service; and inspections, installations, maintenance, repair, and replacement of equipment, facilities, and appurtenances. Entry into lands, buildings and premises has occurred and continues to occur by employees of Utilities to properly maintain, inspect, and replace infrastructure that is critical to providing service as well as metering use for purposes of accurate billing. In most cases, Utilities employees schedule appointments, provide notice and take appropriate actions per City Code to coordinate access to buildings and premises necessary to the discharge of their duties. In rare instances, authorized Utilities employees take the appropriate steps and notification process to gain access and are denied by the owner or other persons that have charge or control of the building or premise. COPY4.1 Packet Pg. 51 Attachment: First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (9886 : SR 004 005 006 016 Fall Utility Updates) Agenda Item 19 Item # 19 Page 2 These challenging situations prompted Utilities staff to seek clarification and additional language regarding the right of entry, which is intended to better articulate the rights of Utilities and their customers. This inquiry prompted a complete review of the right of entry in City Code, and resulted in the various revisions, clarifications, and additions included in the Ordinance. To address the more difficult situations where access is denied to Utilities employees, the Ordinance authorizes the Utilities Executive Director to petition the Municipal Court for an order, injunction, or inspection warrant. This clarification and the additional language are meant to protect Utilities and their customers and ensure that authorized Utilities employees are pursuing every legal remedy necessary to obtain access. This language also clarifies the rights of the land and premise owner to provide a process and venue to resolve any issues or disagreements for allowing access. Additionally, the Ordinance clarifies and adds additional language to allow authorized Utilities employees to seek permission from a property owner or appropriate representative to permit Utilities to trim the limbs and branches of trees, shrubs, or other vegetation to avoid interference with utilities equipment, facilities, and appurtenances, or to allow access to the utilities, equipment, facilities, and appurtenances on said owner’s premises or in the public right of way. Approximately 25,000 water meters owned by Utilities exist inside of residences, businesses and other premises. Four thousand Light and Power meters and other equipment also exist upon or within private premises and/or buildings. Approximately 117 miles of Wastewater Collection system and 2,000 Manhole structures also exist within easements on private premises and most commonly within fenced backyards. The above infrastructure is maintained both preventatively and correctively on a routine basis which requires access by authorized Utilities employees. Failure to gain access can negatively impact the normal operation of this infrastructure and the ability to serve the owner of the premise with utility service. Denied access resulting in deferred maintenance or repairs could adversely impact City infrastructure causing failure or loss of service to one or many customers. CITY FINANCIAL IMPACTS The various proposed amendments to City Code will have no direct financial impact to the City or Utilities and any incidental impacts are not anticipated to occur often or result in significant lost revenue. However, deferred maintenance or inability to make timely repairs due to denied Right of Entry would cause additional expense to both the Utility and Customers. BOARD / COMMISSION RECOMMENDATION The Water Board voted unanimously to recommend Council approve the proposed 2020 Utilities Fall Code Updates on October 15, 2020. (Attachment 1) The Energy Board voted unanimously to recommend Council approve the 2020 Utilities Fall Code Updates on November 12, 2020. (Attachment 2) PUBLIC OUTREACH Staff has not done any further public outreach as it was determined that the revisions were of a technical nature and would not adversely affect customers. ATTACHMENTS 1. Water Board Minutes, October 15, 2020 (PDF) 2. Energy Board Minutes, November 12, 2020 (PDF) 3. Powerpoint Presentation (PDF) COPY4.1 Packet Pg. 52 Attachment: First Reading Agenda Item Summaries, January 5, 2021 (w/o attachments) (9886 : SR 004 005 006 016 Fall Utility Updates) -1- ORDINANCE NO. 004, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO MAKE VARIOUS UPDATES REGARDING THE WASTEWATER UTILITY WHEREAS, the City of Fort Collins owns and operates Fort Collins Utilities, which includes a Wastewater Utility that provides wastewater service to customers in its service area and also accepts for disposal the waste from septic tanks, vaults, privies, portable toilets; and WHEREAS, Article IV of Chapter 26 of City Code pertains to the Wastewater Utility; and WHEREAS, Wastewater Utility staff has reviewed relevant portions of City Code in order to update them to be consistent with current operations of the Wastewater Utility and best management practices and has prepared proposed changes to City Code; and WHEREAS, Wastewater Utility staff has worked with the U.S. Environmental Protection Agency to receive all necessary approvals for the proposed changes to City Code; and WHEREAS, the Water Board has reviewed the proposed changes to City Code and has recommended their enactment; and WHEREAS, City Council now desires to amend portions of Article IV of Chapter 26 of the City Code accordingly. 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 26-289 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. – Miscellaneous fees and charges. The following is a schedule of miscellaneous fees and charges: Description Basis Amount (1) Connection fees and service charges Fees shall be set forth as in Subsection 26-712(b) (2) Industrial discharge permits: a. Administration Annually $76.00 b. Surveillance (on request) Determined for each user 4.2 Packet Pg. 53 Attachment: Ordinance No. 004, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -2- annually, based on direct cost plus 15% indirect costs, billed monthly (3) Laboratory support services (on request) Determined on a case-by-case basis based on direct cost plus 15% indirect costs (4) Materials and labor provided by City (on request) Determined on a case-by-case basis based on direct cost plus 15% indirect costs (5) Charges for disposal at the Fort Collins Regional Sanitary Waste Transfer Station: a. Septic tanks, vaults, privies, portable toilets: Per gallon $0.09 b. Recreational vehicle sanitary waste holding tanks: 1. Residential customers of the City of Fort Collins Wastewater Utility No charge for individual disposal at Transfer Station 2. Others 1. Base fee, plus $2.46 2. Per gallon $0.074 (6) Interest for wastewater service- related loans: 2.5% - 10% per annum; to be set for new loans annually, with the rate for new loans to be based on factors set forth in § 26-720(b) and as provided in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720 (7) Loan-related fees for wastewater service-related loans To be set based on related program costs in the administrative rules and regulations of the Financial Officer pursuant to § 26-720 (8) Miscellaneous fees Determined on a case-by-case basis based on direct costs plus 15% indirect costs Section 3. That Section 26-332 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-332. - Prohibitive discharge standards. 4.2 Packet Pg. 54 Attachment: Ordinance No. 004, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -3- No user whether or not subject to pretreatment standards or requirements shall contribute or cause to be contributed directly or indirectly any pollutant or wastewater that may interfere with the operation or performance of the wastewater utility or pass through the treatment system untreated or any pollutant or wastewater that is prohibited by the national prohibitive discharge standards. Without limiting the acts or discharge that may constitute a violation of this Section, a user shall not contribute any of the following wastewater, substances, materials or wastes into the utility's wastewater system: (1) Any liquids, solids, or gases which by reason or other nature or quantity are or may be sufficient, either alone or by interaction with other substances, to cause fire or explosion or be injurious in any other way to the wastewater system or to the operation of the wastewater system or utility. At no time shall two (2) successive readings on any explosion hazard meter, at the point of discharge into the system, be more than five (5) percent nor any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter. Prohibited materials include gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides, waste streams with a closed cup flash point of less than one hundred forty (140) degrees Fahrenheit or sixty (60) degrees Celsius, as determined using the test methods specified in 40 C.F.R. § 261.21, and any other substance which the City, the State or EPA has notified the user is a fire hazard or a hazard to the system; (2) Any solid or viscous substance which could cause an obstruction to flow in the sewers or in any way could interfere with the treatment process, including ashes, cinders, sand, mud, tars, gas, cement, plaster, stone or marble dust, asphalt residues, spent lime, wax, paraffin, paint, wood, sawdust, or shavings, straw, grass clippings, wastepaper, plastics, metals, glass, rags, paunch manure, animal bones, hooves or toenails, hides, hair or bristles, fat, fleshings or entrails, poultry heads, feet or feathers, whole blood, grinding or polishing compounds, food processing bulk solids, residues from refining or processing of fuel or lubricating oil, and all other like solid materials, objects, refuse and debris; . . . Section 4. That Section 26-339 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-339. - Interceptors. (a) Grease, oil or sand interceptors or other pretreatment facilities shall be installed and maintained by laundries, restaurants, service stations, auto repair shops, car washes and other nonresidential facilities when, in the opinion of the Utilities Executive Director, they are necessary for the proper handling of liquid wastes containing FOG in excessive amounts, any flammable wastes, acid or alkaline substances, sand, or other harmful ingredients. . . . 4.2 Packet Pg. 55 Attachment: Ordinance No. 004, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -4- Section 5. That Section 26-340 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-340. - Discharge limitations. . . . (c) Volatile organic compounds . Organic compounds that may cause or result in toxic fumes or vapors in the wastewater collection system are limited to a maximum concentration in discharges of wastewater calculated by the formula: Maximum Concentration in mg/l = (TLV/TWA)/HLC Where: TLV/TWA = The compound's Threshold Level Value/Time-Weighted Average in mg/m3 as listed in the American Conference of Governmental Industrial Hygienists' Guide to Occupational Exposure Values-1992, or latest edition HLC = The compound's Henry's Law Constant in (mg/m3)/mg/l) (d) Mercury from dental facilities. No dental facility shall discharge wastewater generated from the placement or removal of dental amalgam containing mercury unless said dental facility has installed the equipment described in, and conducts its operations in accordance with, the following best management practices: (1) Dental facilities shall minimize the discharge of amalgam containing wastewater by utilizing at a minimum, chair-side traps, screens, and vacuum pump filters. (2) Cleaning of equipment that comes in contact with amalgam shall be conducted in a manner reasonably expected to minimize the discharge of wastewater. Equipment shall be maintained in accordance with manufacturer’s recommendations to ensure continued effective operation. 4.2 Packet Pg. 56 Attachment: Ordinance No. 004, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -5- (3) All wastewater generated from the placement or removal of dental amalgam or the cleaning of amalgam traps or filters shall be discharged through an amalgam separator that: a. Has been ISO 11143 certified; b. Has been installed, and is operated, maintained, and inspected according to the manufacturer's specifications; and c. Achieves a minimum mercury removal efficiency of ninety-five (95) percent. (4) Cleaners that contain chlorine bleach, chlorine, iodine, peroxide or any other oxidizing or corrosive compounds that mobilize mercury shall not be used in any waste lines or drains connected to the amalgam separator. Cleaners must have a pH of greater than 6 but less than 8. (5) All dental amalgam wastes shall be stored in structurally sound, tightly closed and appropriately labeled containers. (6) All dental amalgam waste shall be transferred to an offsite recycling facility for recycling of mercury or shall be managed and disposed of in accordance with applicable federal, state and local hazardous waste laws and regulations. (7) The following documentation shall be established and maintained for no less than three (3) years in a location and manner so as to permit review by the City upon request: a. The manufacturer and model of any amalgam separator in use; b. The date of installation of any amalgam separator in use; c. The dates that amalgam retaining containers were replaced; d. The dates and person(s) conducting inspections and results of inspections; e. The name and address of the facility to which any waste amalgam is shipped; f. The date and amount of any waste amalgam shipped; g. Documentation of any maintenance performed on any amalgam separator; h. The manufacturer’s operating manual for the amalgam separator installed; and i. Documentation related to self-certification. 4.2 Packet Pg. 57 Attachment: Ordinance No. 004, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -6- (9) The Initial Compliance Report shall be kept for the life of the practice, or until a transfer in ownership and shall be made available for review upon request. (10) The Utilities Executive Director may request that any user operating a dental facility provide such information regarding installation and operation of equipment, or the purchase, use, storage, recycling or disposal of dental amalgam as the Utilities Executive Director determines to be reasonably necessary to determine compliance with the requirements of this Subsection 26-340(d) and applicable federal regulations, including 40 CFR 441, and any such user shall provide said requested information in accordance with the terms of the Utilities Executive Director's request. (e) Best management practices. The Utilities Executive Director may impose such additional schedules of activities, prohibitions of practices, maintenance procedures, and other management practices as he or she determines to be necessary to implement the prohibitions listed in 40 C.F.R. § 403.5(a)(1) and (b) and § 26-332 of this Article, such as treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Such best management practices shall be considered local limits and are pretreatment standards for the purposes of 40 C.F.R. 403.5 and Section 307(d) of the act. (f) No user shall increase the use of process water or in any way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with any applicable limitations set by this Article. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. ____________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.2 Packet Pg. 58 Attachment: Ordinance No. 004, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -1- ORDINANCE NO. 005, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY WATER AND SEWER PLANT INVESTMENT FEES WHEREAS, the City owns and operates Fort Collins Utilities, which includes a Water Utility and a Wastewater Utility; and WHEREAS, City Code Sections 26-120 provides for water plant investment fees (“WPIFs”) and subsection (c) states that no user of City water shall make any changes or additions to the property served that would significantly affect the nature or quantity of the use of water without first obtaining a new water service permit from the utility; and WHEREAS, there is the potential for the nature or quantity of the use of water to be changed when users of City water increase their annual allotment by meeting an additional Water Supply Requirement pursuant to City Code Section 26-149(g) and related sections of City Code, which results in the issuance of a new water service permit; and WHEREAS, City Code Sections 26-283 provides for sewer plant investment fees (“SPIFs”) and subsection (c) states that no wastewater utility user shall make any changes or additions to the property served or operations at the property that would significantly affect the nature or quantity of the wastewater discharged and/or cause a change in the category of use without first obtaining the approval of the Utilities Executive Director and paying a SPIF based on the altered service; and WHEREAS, there is the potential for the nature or quantity of the wastewater discharged and/or cause a change in the category of use to be significantly affected when wastewater utility users increase the annual allotment by meeting an additional Water Supply Requirement pursuant to City Code Section 26-149(g) and related sections of City Code for water service permits associated with the wastewater service; and WHEREAS, City Code historically has not expressly stated that increases in a water users’ annual allotments are changes that may require additional WPIFs and SPIFs, although this has been the meaning and intent of the above sections of City Code; and WHEREAS, the City Manager and City staff have also recommended to the City Council that City Code be clarified in this respect; and WHEREAS, the Water Board considered the proposed clarification to City Code at its meeting on October 15, 2020, and recommended approval of the proposed adjustments; and 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. 4.3 Packet Pg. 59 Attachment: Ordinance No. 005, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -2- Section 2. That Section 26-120 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-120. Water plant investment fees. … (c) No user of City water shall make any changes or additions to the property served that would significantly affect the nature or quantity of the use of water without first obtaining a new water service permit from the utility and paying the WPIF based on the new use. Such changes include without limitation the resumption of service by replacement of an abandoned service line, an increase in the size of the water meter, an increase in the number of dwelling units or the lot area to be served, an increase of the annual allotment, and a change from residential to nonresidential use. … Section 3. That Section 26-283 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-283. - Sewer plant investment fees (SPIF); basis. … (c) No wastewater utility user shall make any changes or additions to the property served or operations at the property that would significantly affect the nature or quantity of the wastewater discharged and/or cause a change in the category of use without first obtaining the approval of the Utilities Executive Director and paying a SPIF based on the altered service. Such changes include without limitation the replacement of an abandoned service line, an increase in the water or sewer tap size, an increase in the number of dwelling units, a change from residential use to nonresidential use, an increase of the annual allotment for a water service permit associated with the wastewater service, or a modification of production by a nonresidential user. … 4.3 Packet Pg. 60 Attachment: Ordinance No. 005, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -3- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 4.3 Packet Pg. 61 Attachment: Ordinance No. 005, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -1- ORDINANCE NO. 006, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE PROVISIONS REGARDING THE CITY’S UTILITY ENTERPRISE BOARDS WHEREAS, City Code Sections 26-43(a), 26-209(a), 26-392(a), and 26-493(a) each provide that the City’s water, wastewater, electric, and stormwater utilities, respectively, constitute an enterprise of the City and authorize the City Council, acting ex officio as the board of each enterprise, to issue revenue bonds or other obligations (including refunding securities) payable solely from the net revenues derived from the enterprise, and provide for each enterprise board to adopt its ordinances issuing those bonds and other obligations in the same manner as City Council adopts its ordinances; and WHEREAS, the City Council, acting ex officio as the board of each enterprise, has historically interpreted and implemented City Code Sections 26-43(a), 26-209(a), 26-392(a), and 26-493(a) by the Mayor acting as the president of each enterprise board, the Mayor Pro Tem acting as the vice president of each enterprise board, the Financial Officer acting as the treasurer of each enterprise board, and the City Clerk acting as the secretary of each enterprise board; and WHEREAS, City Code Sections 26-43(c), 26-209(c), 26-392(c), and 26-493(c) authorize each enterprise to exercise certain powers in furtherance of its purposes, including the power to hold meetings concurrently with regular or special meetings of the City Council; and WHEREAS, the City Council, acting ex officio as the board of each enterprise, has historically interpreted and implemented City Code Sections 26-43(c), 26-209(c), 26-392(c), and 26-493(c) calling for meetings concurrently with regular or special meetings of the City Council by noticing and holding enterprise board meetings on the same date and immediately following a regular or special meeting of the City Council; and WHEREAS, in response to repeated citizen objections to the manner in which the City Council, acting ex officio as the board of each enterprise, has historically interpreted and implemented these Code provisions, the City Council desires to clarify and confirm, by amending City Code Sections 26-43(a), 26-209(a), 26-392(a), and 26-493(a) to expressly so state, that the officers of each enterprise are the City’s Mayor (as board president), Mayor Pro Tem (as board vice-president), Financial Officer (as board treasurer), and City Clerk (as board secretary), and that such officers have the same authority to execute each enterprise’s ordinances, debt obligations, and other instruments as they have when acting in their City offices under applicable law; and WHEREAS, the City Council also desires to amend City Code Sections 26-43(c), 26- 209(c), 26-392(c), and 26-493(c) to provide that enterprise board meetings may be held at any time upon the provision of public notice as required for meetings of the City Council as part of a regular or special Council meeting. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 4.4 Packet Pg. 62 Attachment: Ordinance No. 006, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -2- 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 26-43 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-43. - Utility considered a City-owned enterprise. (a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor as president, the mayor pro tem as vice president, the financial officer as treasurer and the city clerk as secretary. These officers shall have the same authority and duties with respect to the enterprise as they have when acting as officers of the City, including without limitation, the authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations, and other instruments. . . . (c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings upon the call of the mayor as president (or the mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the City Manager, after public notice provided in the manner required for and as part of a regular or special meeting of the City Council, to have and use a seal, to issue its revenue bonds for water purposes in the manner in which City revenue bonds may be issued, to pledge any revenues of the City's water system to the payment of such revenue bonds and to pay such revenue bonds therefrom, to enter into contracts relating to the water system in the manner in which City contracts may be entered into, to make representations, warranties and covenants relating to the water system on behalf of the City, to exercise rights and privileges of the City relating to the water system and to bind the City to perform any obligation relating to the water system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years. . . . Section 3. That Section 26-209 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-209. - Utility considered a City-owned enterprise. 4.4 Packet Pg. 63 Attachment: Ordinance No. 006, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -3- (a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor as president, the mayor pro tem as vice president, the financial officer as treasurer and the city clerk as secretary. These officers shall have the same authority and duties with respect to the enterprise as they have when acting as officers of the City, including without limitation, the authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations, and other instruments. . . . (c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings upon the call of the mayor as president (or the mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the City Manager, after public notice provided in the manner required for and as part of a regular or special meeting of the City Council, to have and use a seal, to issue its revenue bonds for wastewater purposes in the manner in which City revenue bonds may be issued, to pledge any revenues of the City's wastewater system to the payment of such revenue bonds and to pay such revenue bonds therefrom, to enter into contracts relating to the wastewater system in the manner in which City contracts may be entered into, to make representations, warranties and covenants relating to the wastewater system on behalf of the City, to exercise rights and privileges of the City relating to the wastewater system and to bind the City to perform any obligation relating to the wastewater system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years. . . . Section 4. That Section 26-392 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-392. - Electric utility and telecommunication services division considered a single city-owned enterprise. (a) The electric utility, including the telecommunication services division, shall constitute a single enterprise of the City, to be known as the electric utility enterprise, which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the electric utility enterprise. Such revenue bonds or other obligations may 4.4 Packet Pg. 64 Attachment: Ordinance No. 006, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -4- be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the electric utility enterprise. The ordinance issuing any such revenue bonds or approving any such other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor as president, the mayor pro tem as vice president, the financial officer as treasurer and the city clerk as secretary. These officers shall have the same authority and duties with respect to the enterprise as they have when acting as officers of the City, including without limitation, the authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations, and other instruments. . . . (c) The electric utility enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: to hold meetings upon the call of the mayor as president (or the mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the City Manager, after public notice provided in the manner required for and as part of a regular or special meeting of the City Council; to have and use a seal; to issue its revenue bonds for purposes related to the electric utility enterprise, including the electric utility system and the telecommunication system, in the manner in which City revenue bonds may be issued; to pledge any revenues of the electric utility enterprise, including the City's electric utility and the telecommunication services division to the payment of such revenue bonds and to pay such revenue bonds therefrom; to enter into contracts relating to the electric utility and the telecommunication services division in the manner in which City contracts may be entered into; to make representations, warranties and covenants relating to the electric utility and the telecommunication services division on behalf of the City; to exercise rights and privileges of the City relating to the electric utility and the telecommunication services division; and to bind the City to perform any obligation relating to the electric utility and the telecommunication services division other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years. . . . Section 5. That Section 26-493 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-493. - Utility considered a City-owned enterprise. (a) The utility shall constitute an enterprise of the City which may, by ordinance of the City Council, acting ex officio as the board of such enterprise, issue its own revenue bonds or other obligations (including refunding securities) on behalf of the City, which revenue bonds or other obligations shall be payable solely from the net revenues (including special assessments) derived from the operation of the enterprise. Such revenue bonds or other obligations may be additionally secured by mortgages on or security interests in any real or personal property of the City used in the operation of the enterprise. The ordinance issuing any such revenue bonds or 4.4 Packet Pg. 65 Attachment: Ordinance No. 006, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -5- other obligations shall be adopted in the same manner and shall be subject to referendum to the same extent as ordinances of the City Council. The officers of the enterprise shall be the mayor as president, the mayor pro tem as vice president, the financial officer as treasurer and the city clerk as secretary. These officers shall have the same authority and duties with respect to the enterprise as they have when acting as officers of the City, including without limitation, the authority to sign the enterprise’s ordinances, resolutions, revenue bonds or other obligations, and other instruments. . . . (c) The enterprise shall also be authorized to have and exercise the following powers in furtherance of its purposes: (1) to hold meetings upon the call of the mayor as president (or the mayor pro tem as vice president in the case of incapacity or unavailability of the mayor) or the City Manager, after public notice provided in the manner required for and as part of a regular or special meeting of the City Council; (2) to have and use a seal; (3) to issue its revenue bonds for stormwater purposes in the manner in which the City revenue bonds may be issued; (4) to pledge any revenues of the City's stormwater system to the payment of such revenue bonds and to pay such revenue bonds therefrom; (5) to enter into contracts relating to the stormwater system in the manner in which City contracts may be entered into; (6) to make representations, warranties and covenants relating to the stormwater system on behalf of the City; (7) to exercise rights and privileges of the City relating to the stormwater system; and (8) to bind the City to perform any obligation relating to the stormwater system other than any multiple-fiscal year direct or indirect debt or other financial obligation of the City without adequate present cash reserves pledged irrevocably and held for payments in all future years. . . . Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.4 Packet Pg. 66 Attachment: Ordinance No. 006, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -1- ORDINANCE NO. 016, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY UTILITIES’ RIGHT OF ENTRY INTO BUILDINGS AND ONTO PREMISES TO ACCESS UTILITIES EQUIPMENT, FACILITIES, AND APPURTENANCES FOR UTILITIES PURPOSES WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which provides various utility services, including water, wastewater, stormwater, electric, and broadband services; and WHEREAS, City of Fort Collins Charter Article XII, Section 2 sets forth a right of entry, such that the directors and employees of city-owned utilities shall have authority in the necessary discharge of their duties to enter upon any lands, properties or premises, within or without the city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting the service, reading meters, or any other purpose whatever in connection with the water, wastewater, electric, and other utilities; and WHEREAS, for Utilities to operate and administer the systems for these services, and to bill customers for these services, authorized Utilities personnel require clear, safe, and reliable access to Utilities equipment, facilities, and appurtenances; and WHEREAS, some of these Utilities equipment, facilities, and appurtenances, including meters and curb stops, are located on or in private buildings and premises served by Utilities; and WHEREAS, Utilities personnel therefore require and have historically had, as a condition of service and pursuant to the City’s authority as a home rule municipality and utility provider, a right of entry and similar access rights into buildings and onto premises served by Utilities for purposes of discharging their duties and enforcing provisions of City Code that are related to Utilities; and WHEREAS, Utilities requires clear rules related to these Utilities equipment, facilities, and appurtenances located on or in private buildings and premises served by Utilities, which also benefit customers by clarifying the rights of Utilities, customers, and the owners/occupants of such buildings and premises; and WHEREAS, these rules related to such Utilities equipment, facilities, and appurtenances are current found in various sections of the City Code, including Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577; and WHEREAS, Utilities staff has identified various aspects of these relevant City Code sections that call for clarification and modification to more clearly articulate Utilities’ historical right of entry and the corresponding rights of customers and the owners/occupants of such buildings and premises, including the addition of procedures for disputes to be resolved by the Municipal Court when necessary; and 4.5 Packet Pg. 67 Attachment: Ordinance No. 016, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -2- WHEREAS, this Ordinance amends the relevant City Code sections to accomplish these purposes. 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 26-22 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-22. Right of entry. (a) Utilities personnel must have clear, safe, and reliable access to utilities equipment, facilities, and appurtenances, including meters, curb stops, fire hydrants, lines, and manholes, located on or in private buildings and premises for utilities’ operation, administration, and billing of service. Such access is hereby provided as a right of entry pursuant to this Section. (b) In connection with the necessary discharge of their duties and the enforcement of the provisions of this Chapter, authorized utility personnel shall, at all reasonable times, have the right to enter any private building or premises within or without the City served by one (1) or more of the utilities for any purpose directly related or incidental to: supplying a utility service; examinations or surveys related to a service; inspections, installations, maintenance, repair, and replacement of equipment, facilities, and appurtenances; connection and disconnection of services; reading and replacing meters; replacing curb stops; inspections to enforce any of the provisions of this Chapter; and performing any of their duties. The right of entry includes the right to enter whenever authorized utility personnel have reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous, or hazardous, or presents a significant, immediate danger to human health or the environment. This provision is not intended to modify the right of access described elsewhere in this Chapter. (c) It is unlawful for any person to interfere with the reasonable access of authorized utility personnel to utilities-owned equipment, facilities, and appurtenances located on or in buildings and premises. Such unlawful interference includes constructing or placing covers on or allowing vegetation to interfere with meters or other utilities equipment, facilities, and appurtenances and any other interference with the ability of utilities personnel to discharge their duties. (d) If such building or premises is occupied at the time entry is required, the authorized utility personnel shall first present proper credentials and request entry. If such building or premises is unoccupied, the authorized utility personnel shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. 4.5 Packet Pg. 68 Attachment: Ordinance No. 016, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -3- (e) If such entry is not granted, the authorized utility personnel shall have recourse to every remedy provided by law to secure entry and access. Such recourse shall include the right to petition the Municipal Court for an order, injunction, inspection warrant, and/or other relief confirming and securing the right to enter the specific buildings and premises, subject to any terms and conditions that may be necessary to protect persons and property, including reimbursement to utilities for associated costs that may be billed to the customer’s account when appropriate. When authorized utility personnel have obtained a remedy provided by law to confirm and secure entry, no owner or occupant or any other persons having charge, care, or control of any building or premises shall fail or neglect, after a request is made, to promptly permit entry therein by the authorized utility personnel for proper purposes. Any such failure to permit entry upon request pursuant to a valid order, injunction, inspection warrant, and/or other relief shall be a misdemeanor punishable as set forth in § 1-15 of this Code. (f) If any person interferes with the right of entry under this section, authorized utility personnel shall have recourse to every remedy provided by law to secure entry and access and to remove any impediments. Such recourse shall include the right to petition the Municipal Court for an order confirming the right to enter the specific buildings and premises, to remove any impediments, and to impose terms and conditions that may be necessary to protect persons and property, including reimbursement to utilities for associated costs that may be billed to the customer’s account when appropriate. (g) Regardless of whether authorized utilities personnel have sought any other remedy, if access to utilities equipment, facilities, and appurtenances located on or in private buildings and premises is not provided or if a meter cannot be read for three (3) consecutive months, utilities shall be entitled to discontinue utilities services until access to such equipment, facilities, and appurtenances is provided or the meter is read by utilities personnel, provided that the customer and owner/occupant premise has been notified by first class mail that this conditions must be corrected at least fourteen (14) days before the discontinuation of service. (h) An appropriate property owner or representative shall permit the utilities to trim the limbs and branches of trees, shrubs, or other vegetation to the extent that utilities personnel determine is reasonably necessary to avoid interference with utilities equipment, facilities, and appurtenances, or to allow access to the utilities equipment, facilities, and appurtenances on said owner’s premises or in the public right-of-way. (i) The property owner shall be responsible for such trimming of trees, shrubs, or other vegetation as may be necessary to avoid interference with, and allow access to, the utilities’ meter, underground service wires, or other utilities-owned equipment, facilities, and appurtenances on said owner’s premises. Nothing in this Section shall be construed as requiring the owner of a private property to trim or remove any trees or shrubs when such trimming or removing is required to prevent interference with City-owned overhead electric utility lines. It shall be the duty of the City to do any cutting, trimming, pruning or removing of trees or shrubs necessary for the safe use of such lines. Section 3. That Section 26-98 of the Code of the City of Fort Collins is hereby amended to read as follows: 4.5 Packet Pg. 69 Attachment: Ordinance No. 016, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -4- Sec. 26-98. Water meter requirements and installation. . . . (d) If, during the inspection, installation, maintenance, repair, or replacement of a water meter outside of a user’s residential or nonresidential unit, it is determined that the water service line does not conform to the provisions of §§ 26-94, 26-95, and 26-97, the entire cost of repairing or replacing such water service line shall be borne by the user. (e) All water meters and setting devices shall be of a type, size and design approved by the Utilities Executive Director and furnished by the utility. (f) The water meter is the property of the water utility. The utility shall inspect, install, maintain, repair, and replace all meters as necessary. Such work may be performed at any reasonable time by the utility. . . . Section 4. That Section 26-99(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-99. Meter interference; damages. . . . (b) The utility will discontinue water service immediately to any user who violates the provisions of this Section until the user has paid for all water used and all repairs to the meter, including the replacement cost if applicable. . . . Section 5. That Section 26-219 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-219. Inspections; right of access. (a) The Utilities Executive Director may inspect the equipment and facilities of any user at any reasonable time to ascertain compliance with applicable ordinances, rules and regulations. Persons or occupants of premises where wastewater is created or discharged shall allow utility personnel ready access to the premises for the purposes of inspection, sampling, records examination and copying, and performance of any of their duties. The utility shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance-monitoring and/or metering operations, including meters, water communications modules and water meter touchpads. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make the 4.5 Packet Pg. 70 Attachment: Ordinance No. 016, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -5- necessary arrangements so that, upon presentation of suitable identification, utility personnel will be permitted to enter without delay for the purposes of performing their specific responsibilities. While performing the necessary work on private property, utility personnel shall observe all security and safety rules applicable to the premises as established by the user. (b) If a duly authorized representative of the utility is refused admission to a user’s premises or any City owned facilities thereon, including meters, communications modules and water meter touchpads, the Utilities Executive Director may discontinue water or wastewater service to the premises until utility representatives have been afforded reasonable access to the premises and private sewer system to accomplish the inspection or sampling. The Utilities Executive Director may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other relief confirming and securing the right to enter the specific buildings and premises as described in §26-22. Section 6. That Section 26-399(b) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-399. Inspections; right of access. . . . (b) If a duly authorized representative of the utility is refused admission to a user's premises, or any City owned facilities thereon, including meters, communications modules and meter touchpads, the Utilities Executive Director may discontinue electric service to the premises until utility representatives have been afforded reasonable access to the premises and the building electrical system to accomplish inspection and/or monitoring. The Utilities Executive Director may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other relief confirming and securing the right to enter the specific buildings and premises as described in §26-22. Section 7. That Section 26-577 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-577. Inspection; right of access. (a) The City Manager or his or her designee, including the Broadband Executive Director, may inspect any portion of the telecommunication services system and any equipment and facilities of any telecommunication subscriber at any reasonable time to ascertain compliance with applicable ordinances, terms and conditions of service and rules and regulations. Persons or occupants of premises receiving telecommunication facilities and services shall allow telecommunication services personnel ready access to the premises, including the interior thereof, for the purposes of such inspection and performance of any of their duties and any such persons or occupants shall, by granting such access, represent and warrant to the City and the telecommunication services division that they have the legal right and authority to grant that access. The telecommunication services division shall have the right to set up on the subscriber's property such devices as are necessary to conduct inspection, compliance-monitoring and/or 4.5 Packet Pg. 71 Attachment: Ordinance No. 016, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) -6- maintenance operations. Where a telecommunication subscriber has security measures in place that would require proper identification and clearance before entry into a served premises, the subscriber shall make the necessary arrangements so that, upon presentation of suitable identification, telecommunication utility personnel will be permitted to enter without delay for the purposes of performing specific responsibilities. While performing necessary work on private property, telecommunication services division personnel shall observe all security and safety rules applicable to the premises as established by the telecommunication subscriber. (b) If a duly authorized representative of the telecommunication services division is refused admission to a subscriber's premises, or any City owned facilities, including communications modules and equipment, the City Manager or his or her designee, including the Broadband Executive Director, may discontinue telecommunication services until telecommunication services division representatives are afforded access to the premises and the telecommunication facilities and equipment located thereon to accomplish inspection and/or monitoring. The Utilities Executive Director may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other relief confirming and securing the right to enter the specific buildings and premises as described in §26-22. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 4.5 Packet Pg. 72 Attachment: Ordinance No. 016, 2021 (9886 : SR 004 005 006 016 Fall Utility Updates) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Mark Sears, Natural Areas Manager Tawnya Ernst, Sr. Real Estate Specialist Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 007, 2021, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City -Owned Property at Running Deer Natural Area, Archery Range, and Arapaho Bend Natural Area to be Used as Right-of-Way for Interstate 25 and Related Facilities. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 5, 2021, seeks Council approval of the Colorado Department of Transportation’s (CDOT) requested purchase of one right-of-way parcel on Arapaho Bend Natural Area, two right-of-way parcels and four temporary easements on Running Deer Natural Area and the Archery Range for the purpose of widening Interstate 25 and relocating the Port of Entry. A revision to the Ordinance on Second Reading includes the price CDOT has agreed to pay for these property interests. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND/DESCRIPTION Since First Reading, staff has received the following information that was not available for First Reading: A. Regarding values for the right-of-way parcels and temporary easements, CDOT has submitted an Offer Letter to the City for $75,000, which Real Estate Services and Natural Areas Staff has reviewed and determined represents a Fair Market Value offer and is appropriate compensation. A breakdown of the offer is as follows: • Arapaho Bend ROW Parcel – 0.421 Acres at $8,275 per acre: $3,500 • Running Deer/Archery Range ROW Parcels – 4.546 Acres at $15,650 per acre: $71,912 • Running Deer/Archery Range TE Parcels – 0.172 Acres at $15,650 acre x 10% x 1 year: $267 • Total Land Value: $74,912 rounded up to $75,000 In addition, CDOT will be required to pay the City $3,000 for the ROW Request Application Fee and a Restoration Fee of $516 (0.172 Acres at $3,000: $516) Total Compensation: $78,516 B. Regarding Council’s questions on First Reading about the proposed location for the Port of Entry, CDOT provided the following response: 5 Packet Pg. 73 Agenda Item 5 Item # 5 Page 2 The Colorado Department of Transportation (CDOT) and the Colorado State Patrol Port of Entry hav e studied a wide variety of alternative locations and configurations for the existing Port of Entry facilities near the Interstate 25 (I-25) and Prospect Rd Interchange. As part of the Final Environmental Impact Statement (FEIS) for the North I-25 Corridor and subsequent National Environmental Policy Act (NEPA) documents, [CDOT] recognized the need to relocate the existing Port of Entry facilities to improve the safety and operations of the I-25/Prospect Rd Interchange. Relocating the facilities north of the I-25 and Colorado State Highway 14 (CO 14) Interchange is not desirable because of impacts to the enforcement and therefore, operational and safety concerns this might pose the State’s highway system. Additionally, physical constraints along I -25 between CO 14 and Prospect Rd make that location less than desirable as well. For these reasons, it was determined that the port facilities must be along I-25 south of Prospect Rd. The proposed location for the relocated port facilities relocates the facilities as far south as possible without negatively impacting the I -25 and Harmony Rd Interchange which allows for the maximization of the operations and safety improvements associated with this scope of work, therefore meeting the goals of the FEIS. For safety reasons, it was deemed necessary for the east and west port facilities to have line of sight across I -25 for emergency scenarios. This additional safety constraint and CDOT’s desire to balance impacts on both side s of I-25 contributed to the relocated port of entry location. C. Regarding Council’s questions and concerns about environmental impacts and tree mitigation: CDOT’s payment of $68,000 for tree mitigation in 2018 at Arapaho Bend, primarily at the I-25 Poudre River Bridge, does include mitigation for the tree loss associated with the additional ROW parcel being acquired at Arapaho Bend. There will be very minimal tree/shrub loss on the Running Deer and Archery Range parcels, the value received for the land covers this minimal loss. While the buffer between the Poudre River and I-25 is being reduced by approximately 120’, the remaining 500’ plus buffer is still significant. There is very minimal environmental impact to the Archery Range property. Almost all major impact, approximately 5,000 S.F. of right-of-way and approximately 5,000 S.F, of temporary easement, is to the entrance road which is being realigned and reconstructed along with the frontage road realignment and reconstruction. Regarding Council’s questions and concerns about the aesthetics of the new Port of Entry buildings, CDOT has been engaged in the Site Plan Advisory Review (SPAR) process. The Planning and Zoning Board is scheduled to hear this item on January 21, 2021, public meeting. This review does entail the design of both the proposed office building and inspection shelter. City staff have completed multiple rounds of review with CDOT and have seen improvements to the character of these buildings. At the Planning and Zoning Board hearing City staff will be recommending approval. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2021 (PDF) 5 Packet Pg. 74 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Mark Sears, Natural Areas Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 007, 2021, Authorizing the Conveyance to the Colorado Department of Transportation of Various Property Interests on City-Owned Property at Running Deer Natural Area, Archery Range, and Arapaho Bend Natural Area to be Used as Right-of-Way for Interstate 25 and Related Facilities. EXECUTIVE SUMMARY The purpose of this item is to seek Council's approval of the Colorado Department of Transportation’s requested purchase of one right-of-way parcel on Arapaho Bend Natural Area, two right-of-way parcels and four temporary easements on Running Deer Natural Area and the Archery Range for the purpose of widening Interstate 25 and relocating the Port of Entry. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION The Colorado Department of Transportation (CDOT) is currently widening I-25 from 4 lanes to 6 lanes and relocating the Port of Entry (POE) further south to improve traffic capacity on Interstate 25 (I-25) and the safety of truckers and motorists. In 2018, CDOT acquired ROW from the City at Arapaho Bend Natural Area (ABNA). At that time, the plans for I-25 further north across Running Deer Natural Area (RDNA) were still being designed and plans for the bridge over the Poudre River at ABNA were not finalized. CDOT is now finalizing the plans for I-25 and has recognized the need to acquire an additional parcel of ROW at ABNA on the east side of I-25 to construct the bridge over the Poudre River. This area is currently within a temporary easement CDOT had acquired in 2018. The proposal is to convert this temporary easement (TE) to a permanent ROW. CDOT envisions relocating the POE to be adjacent to RDNA and part of the Archery Range. Thus, CDOT is requesting ROW and TEs across RDNA, including one that covers a small portion of the Archery Range, which is owned by the City’s Parks Department. Finally, CDOT is asking the City to give up any rights of access it may have directly from its properties to the I- 25 right-of-way within this project area, to limit access on and off the highway to interchanges only. City staff is not aware of any such rights, so has no concerns about relinquishing any claim to them. CDOT needs to start utility and irrigation ditch relocations in this area immediately to keep the project on schedule and asked NAD to expedite this request without waiting for appraisals or finalized plans. Council is being asked to approve the conveyances without knowing the compensation values or the exact final areas of the ROW or ATTACHMENT 1 5.1 Packet Pg. 75 Attachment: First Reading Agenda Item Summary, January 5, 2021 (9887 : SR 007 Running Deer Natural Area Conveyance) Agenda Item 8 Item # 8 Page 2 TE requests, although an approximate dollar value can be determined based on a similar conveyance to CDOT in 2019. Environmental Impacts The Poudre River bridge will span across the entire river channel and provide ample width for a wildlife corridor and for the Poudre Trail to pass under the bridge. The construction will require the removal of trees and shrubs along the river and it will temporarily disturb the river channel. In 2018, CDOT paid NAD $68,650 to mitigate the loss of trees since there was no room within the ROW for additional tree plantings. The widening of I-25, the relocation of the POE, and the relocation of the frontage road across RDNA will take approximately 4 acres of the agriculture field NAD currently leases to a third party for hay farming and remove an approximately 0.5-acre grass area and a small cluster of shrubs from in front of the Archery Range. The project will effectively reduce the buffer from I-25 to the Poudre River by over 100’. Staff will determine if the impacts to vegetation warrant a mitigation payment in addition to the compensation for the land. Permanent ROW Needed: ABNA - 18,321 SF (0.421 acres), more or less, for Poudre bridge construction RDNA - 88,611 SF (2.034 acres), more or less, for widening I-25 and POE relocation RDNA - 109,406 SF (2.512 acres), more or less, for relocating frontage road Temporary Easements Needed: RDNA - 308 SF (0.007 acres) more or less, for construction access on the north end of RDNA RDNA/Archery Range - 4,969 SF (0.114 acres) more or less, for realigning entrance to Archery Range RDNA - 1,600 SF (0.037 acres), more or less, for realigning access road to Arapaho Bend RDNA - 599 SF (0.014 acres), more or less, for drainage inlet construction CITY FINANCIAL IMPACTS CDOT is currently having the fair market values for the ROW’s, TE’s and loss of trees and shrubs appraised by a certified appraiser. Real Estate Services and NAD staff will review the appraisals and ensure that the City receives appropriate compensation. CDOT will also pay the standard easement application fee and pay NAD’s standard restoration fees if applicable. If the appraisals are available prior to Second Reading of the Ordinance, staff will include the actual values in the Ordinance for Second Reading. If not, staff will ask Council to postpone Second Reading until the values can be filled in. In the meantime, an approximate value of these property interests can be calculated based on the amount CDOT paid the City in January 2019 for another piece of ROW and some TEs on Arapaho Bend Natural Area, also as part of the I-25 expansion project. In that transaction CDOT paid $15,000 per acre for permanent ROW and $3,000 per acre for TEs. Assuming that is a reasonable approximation of current fair market value of the City properties impacted by this phase of the I-25 project, and not adjusting for inflation or other factors, fair compensation for the property rights described above would be approximately $75,000, not including compensation for trees and shrubs, application fee, and restoration fees. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board recommends that Council approve an ordinance authorizing the conveyance to the Colorado Department of Transportation of various property interests on City-owned property at Arapaho Bend Natural Area and Running Deer Natural Area. (Attachment 2) 5.1 Packet Pg. 76 Attachment: First Reading Agenda Item Summary, January 5, 2021 (9887 : SR 007 Running Deer Natural Area Conveyance) Agenda Item 8 Item # 8 Page 3 PUBLIC OUTREACH CDOT has provided public outreach regarding the widening of I-25 over the years that this project has been in the planning. Natural Areas only public outreach has been its presentation to the Land Conservation and Stewardship Board on December 9, 2020. ATTACHMENTS 1. CDOT - ROW Request Maps (PDF) 2. LCSB Minutes Excerpt (PDF) 5.1 Packet Pg. 77 Attachment: First Reading Agenda Item Summary, January 5, 2021 (9887 : SR 007 Running Deer Natural Area Conveyance) -1- ORDINANCE NO. 007, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO THE COLORADO DEPARTMENT OF TRANSPORTATION OF VARIOUS PROPERTY INTERESTS ON CITY-OWNED PROPERTY AT RUNNING DEER NATURAL AREA, ARCHERY RANGE, AND ARAPAHO BEND NATURAL AREA TO BE USED AS RIGHT-OF-WAY FOR INTERSTATE 25 AND RELATED FACILITIES WHEREAS, the City is the owner of property located north of Harmony Road on both sides of I-25 known as Arapaho Bend Natural Area, as well as two properties located north of Harmony Road on the west side of I-25 known as the Archery Range and Running Deer Natural Area (all three collectively referred to hereafter as the “Properties”); and WHEREAS, the Colorado Department of Transportation (CDOT) is continuing work on its expansion of I-25 from four lanes to 6 lanes near Fort Collins, which will include building a new bridge over the Poudre River and relocating the Port of Entry (“POE”) (the “Project”); and WHEREAS, to keep the Project on schedule, CDOT has urgently requeste d that the City give it access rights to begin construction activities on portions of the Properties; and WHEREAS, specifically, CDOT is requesting the City convey to it the following property interests, as more particularly described in Exhibits “A” through “H”, attached hereto and incorporated herein by reference (the “Property Interests”): On Arapaho Bend Natural Area: A. 18,321 sq. ft. (0.421 acres), more or less, of permanent right-of-way (“ROW”) for Poudre River bridge construction; On Running Deer Natural Area: B. 88,611 sq. ft. (2.034 acres), more or less, of ROW for widening I-25 and POE relocation; C. 109,406 sq. ft. (2.512 acres), more or less, of ROW for relocating frontage road; D. 308 SF (0.007 acres) more or less, temporary easement (“TE”) for construction access on the north end of RDNA; E. 4,969 SF (0.114 acres) more or less, including a portion on Archery Range, TE for realigning entrance to Archery Range F. 1,600 SF (0.037 acres), more or less, TE for realigning access road to Arapaho Bend G. 599 SF (0.014 acres), more or less, TE for drainage inlet construction Packet Pg. 78 -2- H. Conveyance back to CDOT of any access rights the City has from the Properties directly onto the I-25 ROW; and WHEREAS, the final legal descriptions of the Property Interests may vary slightly from what is shown on the Exhibits, but the total area of each Property Interest should remain approximately the same; and WHEREAS, based on appraisals of the Property Interests, the total value of the Property Interests has been determined to be $75,000; and WHEREAS, CDOT will also pay the City $3,000 for the Right-of-Way Request Application Fee and a Restoration Fee of $516; and WHEREAS, the new Poudre River bridge will span across the entire river channel and provide ample width for a wildlife corridor and for the Poudre Trail to pass under the bridge; and WHEREAS, at its regular meeting on December 9, 2020, the Land Conservation and Stewardship Board recommended that the city Council approve the conveyance of the Property Interests to CDOT; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. 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 that the conveyance of the Property Interests to CDOT as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute the deeds or other instruments necessary to convey the Property Interests to CDOT, and the City Manager is authorized to execute such other documents related to the property conveyances described herein as may be necessary, all on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of such Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Packet Pg. 79 -3- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021 and to be presented for final passage on the 19th day of January, A.D. 2021 __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 80 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Jason Licon, Airport Director Travis Storin, Interim Chief Finance Officer Judy Schmidt, Legal SUBJECT Second Reading of Ordinance No. 008, 2021, Authorizing Conveyance of a Permanent Non-Exclusive Drainage Easement on Property Jointly Owned by the City and the City of Loveland at the Northern Colorado Regional Airport for the New Veterans’ Affairs Clinic. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Read ing on January 5, 2021, authorizes a permanent non- exclusive drainage easement over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the east side of the Airport (the “VA Project”) by Byrd Drive Development, LLC, (“Developer”). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 008, 2021 (PDF) 6 Packet Pg. 81 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Jason Licon, Airport Director Travis Storin, Interim Chief Finance Officer Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 008, 2021, Authorizing Conveyance of a Permanent Non-Exclusive Drainage Easement on Property Jointly Owned by the City and the City of Loveland at the Northern Colorado Regional Airport for the New Veterans’ Affairs Clinic. EXECUTIVE SUMMARY The purpose of this item is to authorize a permanent non-exclusive drainage easement over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the east side of the Airport (the “VA Project”) by Byrd Drive Development, LLC, (“Developer”). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Northern Colorado Regional Airport is a jointly owned and operated public facility shared by the Cities of Fort Collins and Loveland. In 2015, the Cities entered into an intergovernmental agreement (IGA) that formed the Northern Colorado Regional Airport Commission, which is delegated certain powers and authority to operate and maintain the Airport. However only the City Councils of the Cities have the authority to grant an easement as a permanent property right in the Airport Property. In connection the planned VA Project, the Developer has requested a permanent non-exclusive easement for stormwater and surface drainage (the “Easement”) over and across a portion of the Airport Property. Historically, stormwater from this undeveloped site flowed onto the Airport and was conveyed to the south by a swale before eventually dissipating in a low area near the railroad tracks. After periods of heavy precipitation, water has the tendency to collect in the area, causing a potential safety issues by attracting birds and other wildlife. Due to the construction of impervious surfaces and alteration to natural drainage patterns, the VA Project will introduce new stormwater flows to the Airport. Under Colorado common law “the owner of upper lands has an easement over lower lands for drainage of surface waters, and natural drainage conditions can be altered by an upper proprietor provided the water is not sent down in a manner or quantity to do more harm than formerly.” The VA Project will impact the historical drainage of stormwater onto the Airport property and the Developer will meter stormwater flows from on-site detention and direct such stormwater into an improved drainage swale on the Airport property. ATTACHMENT 1 6.1 Packet Pg. 82 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9888 : SR 008 Airport Easement) Agenda Item 9 Item # 9 Page 2 Although stormwater discharge will be metered from the VA Project in a manner that prevents flooding and erosion, the Airport will receive larger volumes of water over longer periods of time. To mitigate negative impacts of these developed flows, sections of new swale need to be constructed and sections of an existing swale need to be improved. To prevent standing water on airport property, the swales need to be graded correctly to convey stormwater to an existing culvert that goes under the railroad track. To document such modified storm drainage from the Developer’s property over and across the Airport Property, Airport staff proposes to enter into an Agreement for Non-Exclusive Drainage Easement whereby the Cities grant an express non-exclusive drainage easement to the Developer in exchange for the Developer’s relinquishment of historical drainage rights and construction of certain drainage improvements to minimize impacts on the Airport. This easement will allow stormwater flows from the VA Project site to be conveyed across Airport property in a safe manner and will protect the Airport and Cities from any costs associated with the construction and maintenance of the improvements. The Federal Aviation Administration has approved the grant of the Easements in accordance with the Airport Grant Assurances. CITY FINANCIAL IMPACTS The Easement does not have material financial impacts on the Airport. The consideration received by the Cities in the form of the relinquished claim of historic common law drainage rights across the Airport and the obligation to construct the Easement Improvements to limit the impact of such historic flows to the Easement Property is at least equal to the fair market value of the Easement as required by City Code Section 23-114. BOARD / COMMISSION RECOMMENDATION The Northern Colorado Regional Airport Commission voted 7-0 to recommend the City Councils of Fort Collins and Loveland approve this easement. (Attachment 4) PUBLIC OUTREACH The proposed easement is in line with the adopted and approved Airport Master Plan, for which considerable outreach was conducted and public input was received. No public outreach has been conducted with respect to the specific easement. ATTACHMENTS 1. Drainage Easement Map (PDF) 2. NCRAC Resolution R-8-2020 (PDF) 3. NCRAC Minutes (PDF) 6.1 Packet Pg. 83 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9888 : SR 008 Airport Easement) -1- ORDINANCE NO. 008, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING CONVEYANCE OF A PERMANENT NON-EXCUSIVE DRAINAGE EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY AND THE CITY OF LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT FOR THE NEW VETERANS’ AFFAIRS CLINIC WHEREAS, the City of Fort Collins (“City”) and the City of Loveland ("Loveland") (collectively, the “Cities”) jointly own property located in Loveland (the "Airport Property") known as the Northern Colorado Regional Airport (the “Airport”) and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Airport dated January 22, 2015, as amended (the “IGA”); and WHEREAS, in connection with the planned development of certain undeveloped real property adjacent to the Airport and legally described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Benefitted Property”) by Byrd Drive Development, LLC, (“Developer”), Developer has requested a permanent non-exclusive easement for stormwater and surface drainage (the “Easement”) over and across that portion of the Airport Property legally described and depicted on Exhibit “B” attached hereto and incorporated herein by this reference (the “Easement Property”); and WHEREAS, stormwater and surface drainage from the Benefitted Property has historically run over and across the Airport Property in the general vicinity of the Easement Property, giving rise to a claim of historic flow rights under Colorado common law in favor of the Benefitted Property in an undeveloped state, although no documentation of a drainage easement exists; and WHEREAS, Developer’s plans to develop the Benefitted Property include on-site stormwater detention and metering of stormwater and surface flows from the Benefitted Property onto the Airport Property and improvements to direct such stormwater into an improved swale in lieu of the historic drainage path across the Airport Property (collectively, the “Easement Improvements”); and WHEREAS, Developer agrees to relinquish any claim to historic flow rights under Colorado common law and complete the Easement Improvements to mitigate the impact of developed flows across the in return for a permanent non-exclusive easement for storm drainage over and across the Easement Property on the terms and conditions more fully set forth in the Agreement for Permanent Non-Exclusive Drainage Easement attached hereto as Exhibit “C” and incorporated herein by reference (the “Easement Agreement”) ; and WHEREAS, City Code Section 23-111(a) authorizes the City Council to sell, convey or otherwise dispose of any interest 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. 6.2 Packet Pg. 84 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) -2- 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 that the City's conveyance of the Easement to the Developer on the terms and conditions set forth in the Easement Agreement serves a bona fide public purpose and is in the best interests of the City and that the consideration received by the City in the form of the relinquished claim of historic common law drainage rights across the Airport Property and the obligation to construct the Easement Improvements to limit the impact and location of stormwater flows to the Easement Property is at least equal to the fair market value of the Easement as required by City Code Section 23- 114. Section 3. That the Mayor is hereby authorized to execute the Easement Agreement substantially in the form attached hereto together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of such Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed.  Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, AD. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of January, AD 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 6.2 Packet Pg. 85 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) EXHIBIT A BENEFITTED PROPERTY Lot 1, East Loveland Industrial 25th Subdivision, City of Loveland, County of Larimer, State of Colorado 8 6.2 Packet Pg. 86 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) EXHIBIT B LEGAL DESCRIPTION OF EASEMENT PROPERTY LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST AND THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34 WHENCE THE WEST QUARTER CORNER OF SAID SECTION BEARS N00°25'16"W A DISTANCE OF 2598.77 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N 00°25'16"W A DISTANCE OF 320.40 FEET TO THE POINT OF BEGINNING. THENCE N 00°25'16" W A DISTANCE OF 752.24 FEET TO THE SOUTHWEST CORNER OF LOT 1, EAST LOVELAND INDUSTRIAL 25TH SUBDIVISION DESCRIBED IN REC. #20200067414; THENCE ON THE WEST LINE OF SAID LOT N 00°25'16" W A DISTANCE OF 713.19 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE ON THE WEST LINE OF TRACT A, EAST LOVELAND INDUSTRIAL 25TH SUBDIVISION DESCRIBED IN REC. #20200067414 N 00°25'16" W A DISTANCE OF 38.37 FEET; THENCE S 89°34'44" W A DISTANCE OF 50.65 FEET; THENCE S 00°02'13" W A DISTANCE OF 168.63 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 845.00 FEET, A CENTRAL ANGLE OF 18°55'43", AN ARC LENGTH OF 279.16 FEET AND A CHORD THAT BEARS S 09°30'05” W A DISTANCE OF 277.89 FEET; THENCE S 00°24'50" E A DISTANCE OF 1009.95 FEET; THENCE S 54°04'16" W A DISTANCE OF 207.50 FEET; THENCE SOUTH A DISTANCE OF 313.60 FEET; THENCE S 05°24'41" W A DISTANCE OF 606.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2450.00 FEET, A CENTRAL ANGLE OF 12°12'46", AN ARC LENGTH OF 522.22 FEET AND A CHORD THAT BEARS S 11°31'04” W A DISTANCE OF 521.23 FEET; THENCE S 17°37'27" W A DISTANCE OF 272.92 FEET; THENCE N 86°17'19" W A DISTANCE OF 756.46 FEET TO A POINT ON THE SOUTHWEST LOT LINE OF TRACT B, BARNSTORM SECOND ADDITION DESCRIBED IN REC. #86044345; THENCE ON SAID LINE S 49°20'54" E A DISTANCE OF 166.39 FEET; THENCE S 86°17'19" E A DISTANCE OF 701.72 FEET; THENCE N 17°37'27" E A DISTANCE OF 351.17 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2550.00 FEET, A CENTRAL ANGLE OF 12°12'46", AN ARC LENGTH OF 543.54 FEET AND A CHORD THAT BEARS N 11°31'04” E A DISTANCE OF 542.51 FEET; THENCE N 05°24'41" E A DISTANCE OF 610.95 FEET; THENCE NORTH A DISTANCE OF 267.29 FEET; THENCE N 54°04'17" E A DISTANCE OF 207.98 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 9.16 ACRES MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. 6.2 Packet Pg. 87 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) S89"34'44"W 50.65' S00"02'13"W 168.63' �18"55' 43" R=845.00' L=279.16' CH=277.89' S09"30'05"W S00"24'50"E 1009.95' S54"04'16"W 207.50' soo·oo'oo"E 313.60' S05"24'41"W 606.23' �1212'46" R=2450.00' L=522.22' CH=521.23' S11"31'04"W S17"37'27"W 272.92' WEST QUARTER CORNER SEC. 34, T6N, R68W �FOUND #6 REBAR WITHT 2" ALUM DISC PLS 11989 If'....BASIS OF BEARINGS I "-N00"25'16"W 2598. 77' N00"25'16"W 38.37' N00"25'16"W 713.19' N00"25'16"W 752.24' POINT OF BEGINNING N00"25'16"W 320.40' V fsouTHWEST CORNERVr �ECTION 34, T6N, R68W FOUND #6 W/ 2" ALUM CAP IN MON. BOX LS 20676 POINT OF COMMENCEMENT N54 "04'17"E 207. 98' Noo·oo·oo"E 267.29' N05"24'41"E 610.95' �1212'46" R=2550.00' L=543.54' CH=542.51' 500 250 0 - -500 N8617'19"W 756.46' N11"31'04"E --- S49"20' 54 "E 166.39' N17"37'27"E 351.17' S8617'19"E 701. 72' scale 1•=500' DATE: NOVEMBER 2020 JOB NO. 1238.0001.00 SHEET 2 OF 2 760 Whalers Way, Bldg C, Suite 200 Fart Callins, Colorado Phone: 970.226.0557 Fax: 970.226.0204 feet 6.2 Packet Pg. 88 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) VA Clinic Crossroads Blvd Airport BoundaryRailroad Culvert WAPAFuture RoadDrainage EasmentDiscovery Air Rocky Mountain AveConstruct New Swale Existing SwaleVA Detention Pond Improve Existing Swale Improve Existing Swale VA Clinic Stormwater Easment 6.2 Packet Pg. 89 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 1 AGREEMENT FOR PERMANENT NON-EXCLUSIVE DRAINAGE EASEMENT THIS AGREEMENT FOR PERMANENT DRAINAGE EASEMENT (Agreement), made this ________ day of ______________________________ 2020, by the CITIES OF LOVELAND AND FORT COLLINS, COLORADO, both municipal corporations, hereinafter referred to as “Cities ” or “Grantors” and Byrd Drive Development, LLC whose address is 1625 Pelican Lakes Point, Suite 201, Windsor, Colorado, hereinafter referred to as “Grantee.” WHEREAS, Grantors jointly own and operate the Northern Colorado Regional Airport located in Loveland, Colorado legally described in “Exhibit A” attached hereto and incorporated herein (the “Airport”); and WHEREAS, the Grantee owns undeveloped property adjacent to the Airport legally described in “Exhibit “B” attached hereto and incorporated herein (“Grantee’s Property”) from which naturally occurring stormwater and surface drainage has historically run over and across certain portions of the Airport, giving rise to a claim of historic flow rights for the benefit of Grantee’s Property in an undeveloped state although, no documentation of a drainage easement exists. ; and WHEREAS, the Grantee is currently planning to develop Grantee’s Property, which development includes on-site stormwater detention and metering to maintain the historic rate of stormwater flows onto the Airport property and improvements to direct such stormwater into an improved swale in lieu of the historic drainage path on the Airport property; and WHEREAS, Grantors and Grantee desire to document the grant of an express easement over and across specific portions of the Airport in the same general area of such historic use and in lieu of any historic rights to discharge historic stormwater or surface water flows from the Grantee’s Property onto the Airport, and to describe their respective rights and obligations regarding such easement. WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the parties agree as follows: 1. In consideration of Grantee’s relinquishment of any historic rights to discharge historic stormwater or surface water flow from Grantee’s Property over and across the Airport, the Cities have this day bargained and sold, and by these presents do bargain, sell, convey, transfer and deliver unto the Grantee, its successors and assigns for the benefit of and appurtenant to Grantee’s Property and subject to the terms and conditions set forth herein, a permanent non-exclusive drainage easement (the “Easement”) in, over, and across the real estate described in Section 2 below (“Easement EXHIBIT C 6.2 Packet Pg. 90 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 2 Property”). Grantee may use the Easement Property only for the purposes of storm water and surface drainage from Grantee’s Property, at the historic rate of stormwater flows, over, upon, across, in, and through the Easement Property, including above ground materials, appurtenances, culverts to be constructed Grantee on and within the Easement Property pursuant hereto, and a natural drainage swale (the “Improvements”) associated with and necessary to convey such drainage in a safe and reasonable manner across the Easement Property. 2. The Easement hereby granted over and across the Easement Property, which is located on the Airport property and situated in Larimer County, Colorado is described as follows: Exhibit “C” – Easement Property Legal Description Exhibit “D” – Easement Drawing 3. In consideration of Grantors’ conveyance of the Easement, Grantee has this day bargained and sold, and by these presents does bargain, sell, convey, transfer and deliver unto the Grantors, their successors and assigns, and hereby relinquishes any historic rights to discharge historic stormwater or surface water flow from Grantee’s Property over and across the Airport. 4. Grantee may not use this grant of easement for any purpose other than that which is specifically described herein. If the Easement is used by Grantee for any purpose other than stated herein, the Easement is automatically terminated, and all of the right, title and interest of Grantee (and Grantee’s successors or assigns) in and to the Easement Property become null and void, and the Easement Property shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not been executed, without the necessity for suit or re-entry and Grantee shall remove improvements as provided above. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of the paragraph. 5. Grantors reserve the right to use the Easement and the Easement Property for any purposes that will not interfere with Grantee’s full enjoyment of the rights granted herein, including but not limited to the right to operate or allow others to operate utility, drainage and other improvements or uses of the Easement Property, as Grantors may determine are appropriate and consistent with the operation of the Airport Property. 6. Construction and Maintenance of Drainage Improvements. a. Grantee, at Grantees’ sole cost and expense, shall be allowed to access the Easement Property and construct on the Easement Property the Improvements identified and depicted on Exhibit “D” hereto. To the extent that Grantee requires access to the Easement Property, such access is subject to the consent of the Cities pursuant to the Airport’s security 6.2 Packet Pg. 91 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 3 requirements. For any construction or alteration on the Easement Property, Grantee will be required to complete and submit to the Federal Aviation Administration a Form 7460-1 “Notice of Proposed Construction or Alteration.” b. All stormwater and/or drainage plans for the Easement Property are subject to prior written approval by the Airport Manager. c. At Grantee’s sole cost and expense, the Cities’ shall maintain the Easement Property and any Improvements thereon. The Cities reserve the right to seek reimbursement of all reasonable costs documented and incurred in such maintenance activities. Grantee agrees to pay the Cities within thirty (30) days of receipt of an invoice for any costs borne by the Cities on Grantee’s behalf as described in this Agreement. 7. Grantee acknowledges that the Cities’ draft Airport Master Plan reflects that a road may be installed across the Easement Property at some time in the future and other changes to the layout and use of the Airport may be required over time. The Cities reserve the right, at Grantee’s sole expense, to relocate the Easement and drainage facilities located on the Easement Property and/or to modify such drainage facilities (for example, by installation of a culvert or other modifications) as may be reasonably necessary or reasonably appropriate to accommodate changes to the Airport and improvements thereon, including but not limited to construction of the road and other improvements shown on the Airport Master Plan as it may change from time to time. 8. Grantee agrees to indemnify and hold harmless the Cities, their officers, employees, and agents, from and against all liability, claims, and demands on account of any injury, loss, or damage arising out of or connected with Grantee’s use of the Easement, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of the Grantee or any officer, employee, agent, or contractor of the Grantee, or any other person for whom the Grantee is responsible. The Grantee shall notify Cities and provide a copy of any and all written claims or demands within two business days of receipt. The Grantee’s indemnification obligation shall not be construed to extend to any injury, loss, or damage caused by the negligent act or omission of the Cities. 9. 10. If the drainage and appurtenant facilities are no longer in use, this Easement may be vacated by joint agreement by the Cities and the Grantee. 11. If Grantee shall fail to pay the Cities any amount when due, Grantee agrees to pay to the Cities all reasonable costs and expenses (including but not limited to collection costs, court costs and reasonable attorneys’ fees) incurred by the Cities in the enforcement of this Easement. 12. It is intended that the Easement shall be an easement appurtenant to Grantee’s Property as the 6.2 Packet Pg. 92 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 4 benefitted property shall run with title to the Grantee’s Property and shall bind every person or entity having any fee, leasehold, or other interest therein. 13. Notices. Written notices shall be directed as follows and shall be deemed received when hand- delivered or emailed, or three days after being sent by certified mail, return receipt requested: If to Grantors: City of Fort Collins Attn: City Manager City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 With a copy to: City Attorney City of Fort Collins City Hall West 300 LaPorte Avenue Fort Collins, CO 80521 City of Loveland Attn: City Manager 500 E. Third Street Loveland, CO 80537 With a copy to: City Attorney City of Loveland 500 E. Third Street Loveland, CO 80537 If to Grantee: Byrd Drive Development, LLC Attn: Martin Lind 1625 Pelican Lakes Point, Suite 201 Windsor, CO 80550 14. This Easement is for the benefit of, and is binding upon, the parties’ respective successors and assigns. 6.2 Packet Pg. 93 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 5 15. This Easement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Easement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Easement. This Easement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 16. This Easement may be executed in separate counterparts, and the counterparts taken together shall constitute the whole of this Easement. Facsimile, scanned and other electronic signatures permitted by law, for purposes of this Easement, shall be deemed as original signatures. TO HAVE AND TO HOLD said permanent Easement unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Cities and the Grantee have executed this Agreement the day and year first above written. GRANTORS: City of Fort Collins, Colorado, a municipal corporation Darin A. Atteberry, City Manager Date ATTEST: ___________________ City Clerk APPROVED AS TO FORM: ______________________ Sr. Assistant City Attorney 6.2 Packet Pg. 94 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 6 City of Loveland, Colorado, a municipal corporation ____________________________________________________________ Stephen C. Adams, City Manager Date ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney Grantee: Byrd Drive Development, LLC Signed: By: Title: Date: State of __________________ ) ) ss County of ________________ ) Acknowledged before me this ____ day of ___________, 20___, by _______________________ as _____________________ of Grantee. Witness my hand and seal. My commission expires: ____________________. (S E A L) Notary Public 6.2 Packet Pg. 95 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 7 EXHIBIT A (Legal Description of Airport) Section 1: Tract A, Barnstorm 2nd Addition, City of Loveland, County of Larimer, State of Colorado Section 2: Tract B, Barnstorm 2nd Addition, City of Loveland, County of Larimer, State of Colorado, Less Barnstorm 1st Subdivision, Less FNL Condominiums, a leasehold condominium, less 20090028294 (Fort-Love Hangar Condos), Less ROW 20050071130-031, Less ROW 20190050171 Section 3: Lots 1 and 2, Barnstorm 1st Subdivision, City of Loveland, County of Larimer, State of Colorado Section 4: That portion of the N 1/2 of Section 28, Township 6 North, Range 68 West of the 6th P.M., more particularly described as follows: Considering the North line of the NW 1/4 of said Section 28 as bearing East and West and with all bearings contained herein relative thereto: BEGINNING at the Northwest corner of said Section 28; thence along the North line of said Section 28 East 820.14 feet to the TRUE POINT OF BEGINNING; thence S28° 47'E 164.69 feet; thence S41°55'E 152.85 feet; thence S0°09'E 157.83 feet; thence East 231.41 feet to a point on the centerline of the Louden Ditch as it now exists; thence along said centerline through the following courses and distances; S19°30'E 131.00 feet; thence S14°30'E 150 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 39°44' and a radius of 217.0 feet; thence SoutheasterIy along the arc of said curve 150.48 feet to the end of said curve; thence tangent from said curve S54°14'E 115.00 feet to the beginning of a tangent curve concave to the North having a central angle of 43°06' and a radius of 91.0 feet; thence Southeasterly along the arc of said curve 68.45 feet to the end of said curve; thence Northerly 889.68 feet to a point on the North line of said Section 28, said point being 1525.26 feet East of the Northwest corner of said Section 28; thence West along North line of said Section 28, 705.12 feet to POINT OF BEGINNING, subject to easement and right-of-way for the Louden Ditch; subject to easement and right of way for County Road No. 30; and subject to easement and right of way granted to Poudre Valley Rural Electric Association in Book 2065 at Page 628; in the County of Larimer, State of Colorado. 6.2 Packet Pg. 96 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 8 EXHIBIT B (Legal Description of Grantee’s Property) Lot 1, East Loveland Industrial 25th Subdivision, City of Loveland, County of Larimer, State of Colorado 6.2 Packet Pg. 97 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 9 EXHIBIT C (Legal Description of Easement Property) 6.2 Packet Pg. 98 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) LEGAL DESCRIPTION LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 68 WEST AND THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF LOVELAND, COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 34 WHENCE THE WEST QUARTER CORNER OF SAID SECTION POINT OF BEGINNING. INDUSTRIAL 25TH SUBDIVISION DESCRIBED IN REC. #20200067414; SAID LOT; THENCE ON THE WEST LINE OF TRACT A, EAST LOVELAND INDUSTRIAL 25TH SUBDIVISION DESCRIBED IN REC. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 845.00 FEET, A CENTRAL ANGLE THENCE SOUTH A DISTANCE OF 313.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2450.00 FEET, A CENTRAL ANGLE BARNSTORM SECOND ADDITION DESCRIBED IN REC. #86044345; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 2550.00 FEET, A CENTRAL ANGLE THENCE NORTH A DISTANCE OF 267.29 FEET; POINT OF BEGINNING; SAID PARCEL CONTAINS 9.16 ACRES MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. 6.2 Packet Pg. 99 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 10 EXHIBIT D (Depiction of Easement Property) 6.2 Packet Pg. 100 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) 6.2 Packet Pg. 101 Attachment: Ordinance No. 008, 2021 (9888 : SR 008 Airport Easement) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Darin Atteberry, City Manager Carrie M. Daggett, Legal SUBJECT Second Reading of Ordinance No. 009, 2021 Authorizing the Conveyance of an Easement to Larimer County for Remediation Activities on Cathy Fromme Prairie Natural Area in Accordance with the City’s Intergovernmental Agreement with Larimer County and Loveland for Corrective Measures Related to the Larimer County Landfill. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 5, 2021, authorizes the conveyance of a future easement to Larimer County for remediation activities on Cathy Fromme Prairie Natural Area. Council adopted Resolution 2020-119, approving an Intergovernmental Agreement by and among the City, Larimer County and the City of Loveland regarding their mutual commitments and responsibilities related to the remediation of environmental contamination at and from the Landfill, and that Agreement requires the City Manager to present for Council approval this Ordinance authorizing a future easement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 009, 2021 (PDF) 7 Packet Pg. 102 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Darin Atteberry, City Manager Carrie M. Daggett, Legal SUBJECT First Reading of Ordinance No. 009, 2021 Authorizing the Conveyance of an Easement to Larimer County for Remediation Activities on Cathy Fromme Prairie Natural Area in Accordance with the City’s Intergovernmental Agreement with Larimer County and Loveland for Corrective Measures Related to the Larimer County Landfill. EXECUTIVE SUMMARY The purpose of this item is to consider adoption of an Ordinance authorizing the conveyance of a future easement to Larimer County for remediation activities on Cathy Fromme Prairie Natural Area. Council adopted Resolution 2020-119, approving an Intergovernmental Agreement by and among the City, Larimer County and the City of Loveland regarding their mutual commitments and responsibilities related to the remediation of environmental contamination at and from the Landfill, and that Agreement requires the City Manager to present for Council approval this Ordinance authorizing a future easement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Cathy Fromme Prairie Natural Area is in southwest Fort Collins. The Landfill sits to the south and west of Cathy Fromme Prairie and west of Taft Hill Road. The City is the owner or joint owner with Larimer County (the “County”) of multiple parcels of land adjacent to Taft Hill Road south of Harmony Road known as Cathy Fromme Prairie Natural Area and managed by the City (the “Natural Area”) The Landfill site is jointly owned by Larimer County (25%), City of Loveland (25%), and the City of Fort Collins (50%). The Landfill was operated by Fort Collins from 1963 to January 1, 1975 and has since been solely operated by Larimer County. On December 22, 2020, Council adopted Resolution 2020-119, approving an agreement by and among the City, Larimer County and the City of Loveland (the “IGA”) regarding their mutual commitments and responsibilities related to the remediation of environmental contamination at and from the Landfill. Section V.D. of the IGA requires the City Manager to present for Council adoption in January 2021 an ordinance authorizing a future easement consistent with and subject to the requirements of that provision. Section V.D. specifically provides the following: 1. All parties to the IGA will rely on a Colorado Department of Public Health and Environment (“CDPHE”) approval of a remediation plan to set the standards (numeric or descriptive) for environmental cleanup of the Natural Area; ATTACHMENT 1 7.1 Packet Pg. 103 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9889 : SR 009 Landfill Easement) Agenda Item 10 Item # 10 Page 2 2. The County will use its best reasonable efforts to avoid any disturbance of the Natural Area; 3. If notwithstanding the requirement in subparagraph 2 above, the Natural Area must be disturbed: a. The County will protect (in its proposal to CDPHE) all Natural Area values stated in the Fort Collins Natural Areas and Conserved Lands Easement Policy for the Natural Area. b. The County proposal to CDPHE for approval will describe (1) the Natural Area values underlying or impacted by its proposal, and (2) how the strategies in the proposal attain and protect those values; c. Fort Collins will accept a CDPHE approval that is based on Natural Area values as determined by CDPHE after CDPHE’s review of the County proposal; d. In January 2021, the Fort Collins City Manager will present to and recommend for approval to the Fort Collins City Council an ordinance authorizing the easement that is required for the County to implement the Landfill Corrective Measures Work, consistent with this Section V.D. This ordinance will confirm that any easement as required for the remediation plan developed and approved in accordance with this Section V.D is authorized and shall be granted (without payment of real estate-related charges) in accordance with this Section, subject only to the general resource protection standards, and standards and guidelines for restoration in the Fort Collins Natural Areas and Conserved Lands Easement Policy. Any costs incurred by the County in complying with these objective requirements of the Easement Policy shall be Remediation Costs. If the ordinance referenced in this paragraph is not approved in January, 2021 and has not been authorized at such time as a need for an easement arises in the future, the failure to approve such an ordinance shall be considered a breach. e. By way of example but not limitation, although Fort Collins strongly disfavors phytoremediation on the Natural Area, if the Landfill Corrective Measures Work as approved by CDPHE requires such phytoremediation after consideration of the matters set forth in this Section V.D., the easement will include authorization for phytoremediation. It is unknown at this time whether the implementation of the yet to be designed and determined CDPHE- approved remedy will require activities on the Natural Area and, if so, what the nature and extent of the activity on the Natural Area will be. After development of the remedy in accordance with the IGA, the City Manager and City Attorney will confer and prepare an easement describing the Easement Area and incorporating the resource protection and restoration guidelines standards as set forth in the IGA. CITY FINANCIAL IMPACTS The County will pay the City’s administrative fees for processing its application for the Easement including restoration and ecological service fees as outlined in the easement policy; however, the IGA provides that the County will not be charged for the value of the Easement because the City is a joint owner of the benefitted Landfill property and the remediation effort will benefit the City as well as the County. ATTACHMENTS 1. Site Map (PDF) 2. Easement Policy and Application (PDF) 3. Intergovernmental Agreement (PDF) 7.1 Packet Pg. 104 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9889 : SR 009 Landfill Easement) -1- ORDINANCE NO. 009, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO LARIMER COUNTY FOR REMEDIATION ACTIVITIES ON CATHY FROMME PRAIRIE NATURAL AREA IN ACCORDANCE WITH THE CITY’S INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND LOVELAND FOR CORRECTIVE MEASURES RELATED TO THE LARIMER COUNTY LANDFILL WHEREAS, the City is the owner or joint owner with Larimer County (the “County”) of multiple parcels of land adjacent to Taft Hill Road south of Harmony Road know as Cathy Fromme Prairie Natural Area and managed by the City (the “Natural Area”); and WHEREAS, the City is also the joint owner with the County and the City of Loveland (“Loveland”), of land adjacent to the Natural Area used as the Larimer County Landfill and managed by the County (the “Landfill”); and WHEREAS, on December 22, 2020, the Council adopted Resolution 2020-119, approving an agreement by and among the City, Larimer County and the City of Loveland (the “IGA”) regarding their mutual commitments and responsibilities related to the remediation of environmental contamination at and from the Landfill; and WHEREAS, Section V.D of the IGA requires the City Manager to present for Council approval in January 2021 an ordinance authorizing a future easement consistent with and subject to the requirements of that provision; and WHEREAS, specifically, Section V.D. provides as follows: 1. All parties to the IGA will rely on a Colorado Department of Public Health and Environment (“CDPHE”) approval of a remediation plan to set the standards (numeric or descriptive) for environmental cleanup of the Natural Area; 2. The County will use its best reasonable efforts to avoid any disturbance of the Natural Area; 3. If notwithstanding the requirement in subparagraph 2 above, the Natural Area must be disturbed: a. The County will protect (in its proposal to CDPHE) all Natural Area values stated in the Fort Collins Natural Areas and Conserved Lands Easement Policy for the Natural Area (attached to the IGA as Exhibit C); b. The County proposal to CDPHE for approval will describe (1) the Natural Area values underlying or impacted by its proposal, and (2) how the strategies in the proposal attain and protect those values; 7.2 Packet Pg. 105 Attachment: Ordinance No. 009, 2021 (9889 : SR 009 Landfill Easement) -2- c. Fort Collins will accept a CDPHE approval that is based on Natural Area values as determined by CDPHE after CDPHE’s review of the County proposal; d. In January 2021, the Fort Collins City Manager will present to and recommend for approval to the Fort Collins City Council an ordinance authorizing the easement that is required for the County to implement the Landfill Corrective Measures Work, consistent with this Section V.D. This ordinance will confirm that any easement as required for the remediation plan developed and approved in accordance with this Section V.D is authorized and shall be granted (without payment of real estate-related charges) in accordance with this Section, subject only to the general resource protection standards, and standards and guidelines for restoration in the Fort Collins Natural Areas and Conserved Lands Easement Policy. Any costs incurred by the County in complying with these objective requirements of the Easement Policy shall be Remediation Costs. If the ordinance referenced in this paragraph is not approved in January, 2021 and has not been authorized at such time as a need for an easement arises in the future, the failure to approve such an ordinance shall be considered a breach. e. By way of example but not limitation, although Fort Collins strongly disfavors phytoremediation on the Natural Area, if the Landfill Corrective Measures Work as approved by CDPHE requires such phytoremediation after consideration of the matters set forth in this Section V.D, the easement will include authorization for phytoremediation; and WHEREAS, as the County’s remediation work has not yet been designed, proposed to or approved by CDPHE, City staff does not yet know whether the implementation of the remedy will require activities on the Natural Area and, if so, what the nature and extent of the activity on the Natural Area will be; and WHEREAS, after development of the remedy in accordance with the IGA, the City Manager and City Attorney will confer and prepare an easement describing the Easement Area and incorporating the resource protection and restoration guidelines standards as set forth in the IGA (the “Easement”); and WHEREAS, the County will pay the City’s administrative fees for processing its application for the Easement; however, the IGA provides that the County will not be charged for the value of the Easement because the City is a joint owner of the benefitted Landfill property and the remediation effort will benefit the City as well as the County; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council 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 interests of the City; and 7.2 Packet Pg. 106 Attachment: Ordinance No. 009, 2021 (9889 : SR 009 Landfill Easement) -3- WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property interests must be for an amount equal to or greater than the fair market value of such interests unless the City Council determines that such sale or lease serves a bona fide public purpose based on the five factors listed in Section 23-114; and WHEREAS, conveying the Easement to the County for less than fair market value serves a bona fide public purpose because: (1) The use to which the Easement will be put promotes the health and safety of the citizens of Fort Collins by monitoring groundwater for contamination so that it can be controlled and remediated; (2) The use to which the Easement will be put supports the City Council’s commitment to environmental health as outlined in the Strategic Plan; (3) The financial support provided by the City through the below-market conveyance of the Easement will be leveraged with other funding and assistance from the County; (4) The grant of the Easement will not result in any direct financial benefit to any private person or entity, except as an incidental consequence that is not substantial relative to the public purpose being served; (5) Conveying the Easement to the County at less than fair market value will not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities; and WHEREAS, accordingly, it is the Council’s desire to authorize the City Manager, in consultation with the City Attorney, to present the Easement to the Mayor for signing under the authority granted in this Ordinance when the City Manager determines it is appropriate after the successful completion of the steps described above. 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 that the conveyance of the Easement to the County in accordance with the IGA as provided herein is in the best interests of the City and serves a bona fide public purpose. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the County on terms and conditions determined by the City Manager and City Attorney to be consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are 7.2 Packet Pg. 107 Attachment: Ordinance No. 009, 2021 (9889 : SR 009 Landfill Easement) -4- necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance or the IGA. Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 7.2 Packet Pg. 108 Attachment: Ordinance No. 009, 2021 (9889 : SR 009 Landfill Easement) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Honore Depew, Interim Policy and Project Manager John Stokes, Natural Resources Director Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 010, 2021 Adopting the Update to the Parks and Recreation Master Plan as an Element of the City’s Comprehensive Plan. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 5, 2021, adopts an update to the Parks and Recreation Master Plan and highlights key implementation steps post-adoption. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda I tem Summary, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 010, 2021 (PDF) 8 Packet Pg. 109 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Honore Depew, Interim Policy and Project Manager John Stokes, Natural Resources Director Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 010, 2021 Adopting the Update to the Parks and Recreation Master Plan as an Element of the City’s Comprehensive Plan. EXECUTIVE SUMMARY The purpose of this item is to consider adoption of an update to the Parks and Recreation Master Plan and highlight key implementation steps post-adoption. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Parks and Recreation Policy Plan (now called a Master Plan) was last updated in 2009. The current update effort began in late 2019 and a final version is now ready for adoption by Ordinance. Council held previous discussions on the development of the Master Plan in October 2019, June 2020, August 2020, and October 2020. (Attachment 1). The Parks and Recreation Master Plan is an element of City Plan, the City’s comprehensive plan. Over the last year, staff has been working with a consultant team, stakeholders, and the community to thoroughly assess our system of parks and recreation facilities in an iterative and engaging process. The result is the comprehensive yet approachable Fort Collins Parks and Recreation Master Plan (the “Plan”). The Plan examines parks and recreation needs in the context of the City’s extensive system of public spaces and articulates an ambitious yet attainable vision for parks and recreation in the future. To implement this vision, the Plan weaves together strategies, guidelines, and decision-making tools that the City can use as a road map to shape the park and recreation system over the next 20 years. Key Plan Outcomes:  Updated design guidelines for parks and recreational facilities o A reference guide to help build and refresh parks and recreational facilities to meet community expectations.  New system for classifying parks and recreational facilities. o Helps ensure that parks and recreational facilities are connected to their surroundings, have a strong community presence, and respect natural systems.  Guidelines for evaluating and managing the total cost of ownership of parks and recreational facilities. ATTACHMENT 1 8.1 Packet Pg. 110 Attachment: First Reading Agenda I tem Summary, January 5, 2021 (w/o attachments) (9890 : SR 010 Parks & Rec MP) Agenda Item 17 Item # 17 Page 2 o Includes a detailed Capital Improvement Plan and asset management strategies (Refresh & Lifecycle)  Assessment of current service standards and recommendations for future amenities. o Provides a snapshot of how well the community is being served by current public space amenities and a road map for addressing the number and location of amenities in the future  Funding tools and opportunities for further consideration. o Includes diverse future funding solutions to consider in support of system development, maintenance, replacement, and programing  A new vision statement for Parks and Recreation that represents a holistic framework for the City’s system of public space o The Plan also honors the role of individual departments and funding sources.  Many recommendations for actions and policies to support the Plan vision. A few examples include: o More Natural Parks o Strengthened Operational Partnerships o A potential Downtown festival space Next Steps  Develop an internal team to analyze potential funding solutions from the Master Plan.  Review options with Council and the public in 2021. CITY FINANCIAL IMPACTS The Plan charts a vision for the future and clearly articulates the need to assure the financial sustainability of the system. Implementation of plan recommendations will be based on exploration of specific funding tools and opportunities, as reviewed by Council and the community in 2021. BOARD / COMMISSION RECOMMENDATION The development of the Plan relied upon an interdisciplinary group of board and commission members. Representatives from a dozen boards were part of a temporary advising group known as the Advance Review Committee. These board members acted as liaisons to their respective boards for feedback and regular updates. Additionally, staff engaged directly with key boards, such as the Parks & Recreation Board throughout the planning process. The Natural Resources Advisory Board (NRAB) submitted a memo to Council dated December 23, 2020 (Attachment 2) expressing support for the Plan and calling for more “aspirational” policy statements regarding native plantings and softscape design. The Plan currently calls for more natural park design in several sections, including those referenced in the NRAB memo. The language in the Policy Framework section is intended to promote such design without restricting staff and contractors when implementing best practices. PUBLIC OUTREACH Phase 1: Big Picture Thinking - INVOLVE Winter 2019 - Summer 2020 Goal: Utilize several different engagement tools to help the community guide development of the Master Plan. ● Survey - A statistically valid survey was deployed at the end of 2019. From the 511 responses received, the results achieved a demographically representative sample of the community with a confidence level of 95% and precision of +/- 4.33%. Results from the survey demonstrate how highly residents value the system of 8.1 Packet Pg. 111 Attachment: First Reading Agenda I tem Summary, January 5, 2021 (w/o attachments) (9890 : SR 010 Parks & Rec MP) Agenda Item 17 Item # 17 Page 3 parks and recreational facilities in Fort Collins. It is possible to pinpoint community preferences based on the responses. ● Open Houses - Two open houses were held in February 2020, engaging over 300 visitors. One open house was held at the Lincoln Center, and one at Preston Middle School. City staff and the consultant team were able to interact with interested members of the community and quantifiable data was collected using informational boards. All materials were translated into Spanish and interpretation services were available at both events. Scheduling of the open houses included a Thursday evening and a Saturday morning to provide more opportunities for engagement. ● Pop-up Events - Three pop-up events were held at various locations throughout the community, including Foothills Mall, downtown Fort Collins, and the Old Town Library. This unique engagement strategy enabled the team to interact with residents directly in an unannounced and spontaneous format, enabling input from residents who may not normally participate in a traditional community engagement format. ● Stakeholder Meetings - In November 2019 and February 2020 a series of special meetings were held to hear directly from key partners (e.g., PSD, CSU) and representatives of various user groups (e.g., bicyclists, disc golf enthusiasts, pickleball players etc.). These key stakeholders provided valuable feedback on potential improvements and partnerships. ● Our City Web Page - An engagement webpage at <https://ourcity.fcgov.com/parksandrec> provided a valuable resource for project updates and ongoing collection of ideas and feedback throughout the plan development process. Phase 2: Draft Plan Sections Feedback - CONSULT Summer 2020 - Fall 2020 Goal: Provide a recap of Master Plan activities to date; highlight how Phase 1 public input has informed the Plan thus far; introduce appropriate Plan documents; and direct participants to Our City site to give feedback. Target Groups: ● General public; Advanced Review Committee (Board Members); Our City subscribers; Stakeholders; Open house participants; Recreation subscribers (includes Reduced Fee participants); Larimer County Health Department - Built Environment Leadership Team; Poudre School District; Mivoz/The Family Center; Boys & Girls Club Strategies: ● Social media outreach; Targeted emails; Postcard and/or flyers; Our City website; CityNews; Flyers in parks and recreation facilities Phase 3: Draft Plan Release and Input - INFORM Fall 2020 Goal: Provide community members, Parks & Recreation stakeholders and City staff the opportunity to review the complete draft Master Plan and offer any final comments or feedback. Target Groups: ● General public; Advanced Review Committee (Board Members); Our City subscribers; Stakeholders; Open house participants; Recreation subscribers (includes Reduced Fee participants). Strategies: ● Our City webpage; Social media channels; Promotion video; Recreation and FCTV video monitors; Email newsletter 8.1 Packet Pg. 112 Attachment: First Reading Agenda I tem Summary, January 5, 2021 (w/o attachments) (9890 : SR 010 Parks & Rec MP) Agenda Item 17 Item # 17 Page 4 ATTACHMENTS 1. Council Memo (PDF) 2. Natural Resources Advisory Board Memo (PDF) 3. Powerpoint Presentation (PDF) 8.1 Packet Pg. 113 Attachment: First Reading Agenda I tem Summary, January 5, 2021 (w/o attachments) (9890 : SR 010 Parks & Rec MP) -1- ORDINANCE NO. 010, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE UPDATE TO THE PARKS AND RECREATION MASTER PLAN AS AN ELEMENT OF THE CITY’S COMPREHENSIVE PLAN WHEREAS, the Parks and Recreation Policy Plan was last updated in 2009; and WHEREAS, since 2019 City staff has worked with a consultant team, stakeholders, and the community, including representatives from many City boards and commissions, to assess the City’s system of parks and recreation facilities and generate an update to what is now called the Fort Collins Parks and Recreation Master Plan (the “Plan”); and WHEREAS, a copy of the Plan is attached hereto as Exhibit “A” and incorporated herein by reference; and WHEREAS, the updated Plan examines park and recreation needs in the context of the City’s extensive system of public spaces and describes strategies, guidelines, and decision-making tools that the City can use as a road map to shape its vision of the park and recreation system over the next 20 years; and WHEREAS, the Plan includes a detailed Capital Improvement Plan and potential funding solutions to support future system development, maintenance, replacement and programming of parks and recreation facilities WHEREAS, the Plan is one element of City Plan, the City’s comprehensive Plan, which was itself last updated in April 2019, pursuant to the City Council’s adoption of Resolution 2019- 048, later ratified by Ordinance No. 040, 2020; and WHEREAS, the City Council has determined that the proposed Plan is in the best interests of the residents of the City. 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 adopts the Parks and Recreation Master Plan attached hereto as Exhibit “A”. 8.2 Packet Pg. 114 Attachment: Ordinance No. 010, 2021 (9890 : SR 010 Parks & Rec MP) -2- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk 8.2 Packet Pg. 115 Attachment: Ordinance No. 010, 2021 (9890 : SR 010 Parks & Rec MP) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Josh Birks, Economic Health Director Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 017, 2021, Appropriating Unanticipated Revenue in the General Fund for a Small Business Relief Program to be Administered and Distributed by the Economic Health Office. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 12, 2021, appropriates unanticipated revenue to operate a Small Business Relief program. The Colorado legislature, in special session in December, passed Senate Bill 20B-001 (SB20B-001) setting aside over $37 million for direct relief payments to small businesses located in eligible Counties, which businesses include restaurants, b ars, movie theaters, and fitness and recreational sports centers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 12, 2021 (w/o attachments) (PDF) 2. Ordinance No. 017, 2021 (PDF) 9 Packet Pg. 116 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 12, 2021 City Council STAFF Josh Birks, Economic Health Director Ingrid Decker, Legal SUBJECT Items Relating to a Small Business Relief Program to be Administered and Distributed by the City's Economic Health Office in Cooperation with Larimer County. EXECUTIVE SUMMARY A. Resolution 2021-006, Authorizing an Intergovernmental Agreement Between the City and Larimer County for Funding and Administration of a Small Business Relief Program. B. First Reading of Ordinance No. 017, 2021, Appropriating Unanticipated Revenue in the General Fund for a Small Business Relief Program to be Administered and Distributed by the Economic Health Office. The purpose of this item is for Council to consider an ordinance appropriating unanticipated revenue to operate a Small Business Relief program and a resolution authorizing a related agreement describing the administration and distribution of the funds with Larimer County. The Colorado legislature, in special session in December, passed Senate Bill 20B-001 (SB20B-001) setting aside over $37 million for direct relief payments to small businesses located in eligible Counties, which businesses include restaurants, bars, movie theaters, and fitness and recreational sports centers. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The Colorado General Assembly as part of a special session in December 2020 approved Senate Bill 20B-001 (“SB20B-001”) authorizing monetary relief for small and minority businesses as well as arts organizations. SB20B-001 provides $37 million for direct relief payments to small businesses located in a county that is subject to, and in compliance with, severe capacity restrictions pursuant to a public health order, with payments allocated to the counties for distribution to eligible small businesses, which businesses include restaurants, bars, movie theaters, and fitness and recreational sports centers. Larimer County is eligible and submitted the required application for consideration of allocation on January 4, 2021. To ensure efficient and timely disbursement of the funds, Larimer County (“County”) has requested that the City of Loveland, Town of Estes Park, and City of Fort Collins (City) each act as a “hub” to distribute funds to their community, adjacent communities, and adjacent portions of unincorporated county. The County’s chosen approach means that the City will receive unanticipated revenue to distribute and administer a Small Business Relief (SBR) program for its defined “hub” geography. The Ordinance appropriates the unanticipated revenue and the Resolution authorizes the execution of an agreement defining the City’s duties and terms of operation as a “hub.” The Economic Health Office (EHO) will lead this activity for the Fort Collins “hub.” Currently, a draft of the ATTACHMENT 1 9.1 Packet Pg. 117 Attachment: First Reading Agenda Item Summary, January 12, 2021 (w/o attachments) (9892 : SR 017 Small Business Relief Program) Agenda Item 1 Item # 1 Page 2 Intergovernmental Agreement (IGA) between the City and County is not available. However, the key terms of the proposed agreement will generally be as follows, with more specific agreement language to be developed after further legal review and refinement: Larimer County will distribute funds to each of the hubs based on the number of applications received and processed by the hub for the SBR. Larimer County will pass through 4.5 percent of the allowable 5.0 percent Administrative Costs to each hub for program administration. The 4.5 percent will be based on the total funding provided to each hub as described above. The SBR application dates for Larimer County will be Wednesday, January 6, 2020 through close of business on Wednesday, January 27, 2020 for a total of 22 days. Representatives from the three hubs and the County will meet Friday, January 29, 2021 to review the number of eligible applications and determine relief fund amounts for the three relief tiers (as outlined in the legislation). The goal is to provide each eligible business with the same amount of relief payment (within their relief tier) and to provide a consistent approach among the three hubs. All three hubs will use the same application, collect the same documentation, and the same online grant management system. Hubs are encouraged to retain applications that do not meet SBR eligibility but may have valid needs for SBR-like assistance if additional funds become available through other sources.  The Fort Collins hub would consist of Fort Collins, LaPorte, Livermore, Red Feather Lakes, Wellington, and Timnath (within Larimer County), as well as businesses in the unincorporated areas of the County around or between those communities. However, the geographic boundaries of the hubs need not be precise, as the applications from all three hubs will be considered as one pool and funding divided evenly regardless of which hub a business applied to. Based on preliminary estimates of available funds, the Ordinance appropriates the final award amount, up to $1.5 million, in unanticipated revenue from the County for the SBR. The city may use up to 4.5 percent of these funds for administrative costs, including staff time, online grant management software, communications and marketing, and other program related expenses. Overview of SB20B-001: Below is a brief overview of the SB20B-001: $37 million apportioned for direct relief payments to small businesses within a limited set of industries. Counties must apply by January 8, 2021 to receive an allocation of available money. Up to 5% percent may be allocated for administrative costs. Payment maximums: o Revenue less than $500,000 - up to $3,500 in assistance o Revenue of $500,000 up to $1.0 million - up to $5,000 in assistance o Revenue of $1.0 million up to $2.5 million - up to $7,000 in assistance County must be under “severe” capacity restrictions as of December 31, 2020 (Level Red or greater) with those restrictions in effect since at least December 10, 2020 (Larimer County is eligible). Eligible industries include restaurants, bars, breweries, caterers (including food trucks), movie theaters, fitness (gyms), and recreation sports centers (further details in the bill). Additional business eligibility requirements: o Can provide current State license verifying legal operation in Colorado; o Headquarters must be in Colorado; o Demonstrate at least 20 percent revenue loss since March 26, 2020 (except businesses that began operations between January 1 and March 26, 2020); o Must have less than $2.5 million in revenue for 2019 and 2020 calendar year; o Have at least one full-time employee except sole proprietorship; o Began operating before March 26, 2020; and o Must comply with public health orders. 9.1 Packet Pg. 118 Attachment: First Reading Agenda Item Summary, January 12, 2021 (w/o attachments) (9892 : SR 017 Small Business Relief Program) Agenda Item 1 Item # 1 Page 3 All funds must be distributed no later than February 12, 2021. CITY FINANCIAL IMPACTS City resources would increase by up to $1.5 million. These funds would be appropriated in the General Fund and disbursed in defined amounts to eligible and certified small businesses meeting the requirements of the SBR. Additionally, the City can use up to 4.5 percent of the allocated funds to offset administrative costs. Therefore, the net effect to the City’s budget will be zero. BOARD / COMMISSION RECOMMENDATION Small Business relief and recovery support is a priority of the Economic Advisory Commission (EAC), but no formal recommendation was sought for appropriation of these unanticipated revenues. ATTACHMENTS 1. Powerpoint Presentation (PDF) 9.1 Packet Pg. 119 Attachment: First Reading Agenda Item Summary, January 12, 2021 (w/o attachments) (9892 : SR 017 Small Business Relief Program) -1- ORDINANCE NO. 017, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND FOR A SMALL BUSINESS RELIEF PROGRAM TO BE ADMINISTERED AND DISTRIBUTED BY THE ECONOMIC HEALTH OFFICE WHEREAS, the City of Fort Collins is threatened with serious injury and damage, consisting of widespread human and economic impact caused by the Novel Coronavirus 2019 (COVID-19); and WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and persons conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of property, the City Manager, as the Director of the City's Office of Emergency Management, proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code; and WHEREAS, the COVID-19 pandemic has had an unexpected and substantial impact on health risks for City residents, the social structures in the community, the economic wellbeing of the business community, and the services provided by the City in response; and WHEREAS, the prevention and management of exposure to COVID-19 and mitigation of related social, economic, and other impacts of all kinds continue to require emergency action by the City; and WHEREAS, the City Council has, with the adoption of Resolution 2020-030, extended the City Manager's proclamation of local emergency; and WHEREAS, the State of Colorado declared its first Emergency Disaster Declaration related to COVID-19 on March 11, 2020; and WHEREAS, the Colorado General Assembly, as part of a special session in December 2020, approved Senate Bill 20B-001 (“SB20B-001”), authorizing monetary relief for small and minority businesses as well as arts organizations, which Bill was signed by the Governor on December 7, 2020; and WHEREAS, SB20B-001 provides $37 million in state funds for direct relief payments to small businesses located in a county that is subject to, and in compliance with, severe capacity restrictions pursuant to a public health order, with payments allocated to the counties for distribution to eligible small businesses, including restaurants, bars, movie theaters, and fitness and recreational sports centers; and WHEREAS, Larimer County (the “County”) is eligible to receive funding and submitted the required application for consideration of allocation on January 4, 2021; and WHEREAS, the County has asked the City, the City of Loveland, and Town of Estes Park to each act as a “hub” to distribute funds to their community, adjacent communities, and adjacent portions of the unincorporated county, which means the City will receive unanticipated revenue to 9.2 Packet Pg. 120 Attachment: Ordinance No. 017, 2021 (9892 : SR 017 Small Business Relief Program) -2- distribute and administer a Small Business Relief (SBR) program for its defined “hub” geography; and WHEREAS, SB20B-001 requires that all funds be distributed to businesses by no later than February 12, 2021; and WHEREAS, the precise amount of funds the City will need to receive, appropriate and distribute will not be known until January 29, 2021, but in order to meet the February 12 deadline for distribution of funds the City cannot wait until the funding amount is known to begin the process of appropriating the funds for expenditure; therefore, staff is requesting that the Council appropriate up to $1.5 million in unanticipated revenue, recognizing that the actual amount of funds available for appropriation will depend on the amount of funds received from the County; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of assisting the overall community recovery from the COVID-19 pandemic; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General 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 upon receipt from unanticipated revenue in the General Fund the sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), subject to receipt from Larimer County, for distribution by the Economic Health Office to eligible and certified small businesses as part of the Small Business Relief Program and for use by the Economic Health Office to offset administrative costs driven by the Program. 9.2 Packet Pg. 121 Attachment: Ordinance No. 017, 2021 (9892 : SR 017 Small Business Relief Program) -3- Introduced, considered favorably on first reading, and ordered published this 12th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 9.2 Packet Pg. 122 Attachment: Ordinance No. 017, 2021 (9892 : SR 017 Small Business Relief Program) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Jamie Heckman, Compensation and Technology Manager Jenny Lopez Filkins, Legal SUBJECT First Reading of Ordinance No. 018, 2021, Adopting the 2021 Classified Employee Pay Pla n. EXECUTIVE SUMMARY The purpose of this item is to recommend the 2021 Classified Employee Pay Plan for most classified employees. City classified employees’ pay and pay ranges will remain the same as in 2020 due to the financial uncertainty caused by COVID-19. In addition, this item recommends changes to the 2021 Classified Employee Pay Plan for employees who are in the collective bargaining unit described in the 2019 -2021 Collective Bargaining Agreement (the “Agreement”) between the City and the Norther n Colorado Lodge #3 of the Fraternal Order of Police. The Agreement was approved by Council by Resolution 2018-095 on October 2, 2018. The Agreement requires the City to complete an annual market analysis for positions in the collective bargaining unit. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the 2021 Classified Employee Pay Plan. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Council is committed to compensating employees in a manner which is market -based, competitive, and based on performance. The goal as an employer is to attract, retain, engage, develop , and reward a diverse and competitive workforce to meet the needs of the community now and in the future. The budget constraints caused by COVID-19 led to the decision not to budget for nor award merit increases for City employees, except those covered by a collective bargaining agreement. The decision was also made to not conduct the annual market analysis that may have led to changes in the Pay Plan for non -collective bargaining unit jobs. Council approved the 2019-2021 Agreement by Resolution 2018-095 on October 2, 2018. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This analysis includes collecting actual salary data for law enforcement positions from 12 identified benchm ark municipalities. It also includes collecting salary data from dispatch centers and municipalities for dispatch and communication positions. The Agreement requires the pay adjustments to be implemented by the second pay period of January in the applicable year. The analysis resulted in the following recommended 2021 Pay Plan structure adjustments and employee salary increases: 10 Packet Pg. 123 Agenda Item 10 Item # 10 Page 2 The effective date of the Pay Plan is January 11, 2021. CITY FINANCIAL IMPACTS Salary increases will be implemented using the Council adopted budget. 10 Packet Pg. 124 -1- ORDINANCE NO. 018, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2021 CLASSIFIED EMPLOYEE PAY PLAN WHEREAS, Section 2-566 of the City Code requires that the pay plan for all classified employees of the City shall be established by ordinance of the City Council; and WHEREAS, significant impacts to the City’s budget caused by the economic downturn resulting from the COVID-19 pandemic caused City staff to recommend not to budget for or award merit increases for City employees, with the exception of those covered by a collective bargaining agreement that requires consideration of pay increases; and WHEREAS, on October 2, 2018, the City Council adopted Resolution 2018-095 approving a collective bargaining agreement between the City and the Northern Colorado Lodge #3 of the Fraternal Order of Police (“CBA”); and WHEREAS, the CBA contains a provision giving the City until January 5, 2021, to collect market data from several identified benchmark municipalities for the classified positions in the collective bargaining unit; and WHEREAS, such market data has been collected and analyzed and the recommended salary ranges for the bargaining unit classified employees are available to include in the pay plan; and WHEREAS, the CBA requires the pay adjustments to be implemented by the second pay period of January in the applicable year; and WHEREAS, the pay plan recommended by the City Manager is consistent with City Council objectives, the Council-approved budget for 2021 and the Council-approved CBA; and WHEREAS, the City Council believes that the adoption of the recommended pay plan is in the best interests of the City. 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 adopts the 2021 City of Fort Collins Classified Employee Pay Plan (the “Pay Plan”), a copy of which is attached h ereto as Exhibit “A” and incorporated herein by this reference. Section 3. That the Pay Plan is retroactive to and shall be effective as of January 11, 2021, the first pay period of 2021. Packet Pg. 125 -2- Section 4. That the City Manager shall fix the compensation levels of all classified employees within the pay levels established in the Pay Plan except to the extent that the City Manager determines, due to performance or other extraordinary circumstances, that the pay level of a particular employee should remain below the minimum or be fixed above the maximum for that employee’s job title. Section 5. That the City Manager shall fix the salary for newly created positions or positions that are modified due to changes in job duties within the approved pay structure based on results of an objective job analysis. Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 126 CITY OF FORT COLLINS PAY PLAN INDEX LEVELJOB TITLE JOB FAMILY TABLEJOB FUNCTION Accountant II ACCOUNTING 4FINANCE & ACCOUNTINGP2 Administrator I, Systems SYSTEMS 3TECHNOLOGYP1 Analyst I, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYP1 Analyst I, Benefits BENEFITS 4HUMAN RESOURCESP1 Analyst I, Budget BUDGET 4FINANCE & ACCOUNTINGP1 Analyst I, Data DATA SCIENCE 3TECHNOLOGYP1 Analyst I, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP1 Analyst I, GIS GIS 3TECHNOLOGYP1 Analyst I, HRIS HRIS 4HUMAN RESOURCESP1 Analyst II, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYP2 Analyst II, Apps Software Dev APPLICATIONS SOFTWARE 3TECHNOLOGYP2 Analyst II, Benefits BENEFITS 4HUMAN RESOURCESP2 Analyst II, Bus Intelligence DATA SCIENCE 3TECHNOLOGYP2 Analyst II, Compensation COMPENSATION 4HUMAN RESOURCESP2 Analyst II, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP2 Analyst II, GIS GIS 3TECHNOLOGYP2 Architect, IT Security INFORMATION SECURITY 3TECHNOLOGYP4 Architect, Landscape PARK PLANNING 1PLANNINGP2 Architect, Technology DATA SCIENCE 3TECHNOLOGYP4 Asst Superintendent, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT6 Auditor II, Sales Tax REVENUE 4FINANCE & ACCOUNTINGP2 Bailiff JUDICIAL 4LEGALA2 Business Support I ADMINISTRATION 4ADMINISTRATIONA2 Business Support II ADMINISTRATION 4ADMINISTRATIONA3 Business Support III ADMINISTRATION 4ADMINISTRATIONA4 Buyer I PURCHASING 4FINANCE & ACCOUNTINGP1 Buyer II PURCHASING 4FINANCE & ACCOUNTINGP2 Chemist SCIENCES 3SCIENCES & ENGINEERINGP1 Chief Deputy City Clerk MUNICIPAL ADMINISTRATION 4ADMINISTRATIONP2 City Clerk MUNICIPAL ADMINISTRATION 4ADMINISTRATIONM3 City Engineer ENGINEERING 3SCIENCES & ENGINEERINGM3 City Traffic Engineer ENGINEERING 3SCIENCES & ENGINEERINGM3 Civil Engineer I ENGINEERING 3SCIENCES & ENGINEERINGP1 Civil Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Civil Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Community Service Officer COLLECTIVE BARGAINING UNIT 5BPROTECTIVE SERVICESOT4 Coordinator, AR / Billing ACCOUNTING 4FINANCE & ACCOUNTINGA4 Coordinator, Accounts Payable ACCOUNTING 4FINANCE & ACCOUNTINGA4 Coordinator, Bldg & Dev Review BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEA4 Coordinator, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESA4 Coordinator, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONA4 Coordinator, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA4 Coordinator, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGA4 Coordinator, HRIS HRIS 4HUMAN RESOURCESA4 Coordinator, Outreach INVESTIGATION 5PROTECTIVE SERVICESA4 Coordinator, Payroll ACCOUNTING 4FINANCE & ACCOUNTINGA4 Coordinator, Public Engagement OUTREACH 4CUSTOMER SERVICEA4 Court Security Officer OPERATIONS 5PROTECTIVE SERVICESOT4 Crew Chief, Electric Dist ELECTRIC UTILITIES 2OPERATIONSS1 Crew Chief, Facilities FACILITIES & FLEET 2OPERATIONSS1 Crew Chief, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS1 Crew Chief, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS1 Crew Chief, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS1 Crew Chief, Transportation Ops TRANSPORTATION 2OPERATIONSS1 EXHIBIT A A Packet Pg. 127 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Crew Chief, Water Field Ops WATER UTILITIES 2OPERATIONSS1 Crime Analyst PROCESSING SUPPORT 5PROTECTIVE SERVICESA5 Criminalist INVESTIGATION 5PROTECTIVE SERVICESA6 Curator CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONP1 Deputy City Clerk MUNICIPAL ADMINISTRATION 4ADMINISTRATIONA5 Deputy Court Administrator JUDICIAL 4LEGALS1 Deputy Court Clerk I JUDICIAL 4LEGALA3 Deputy Court Clerk II JUDICIAL 4LEGALA4 Dir, Economic Sustainability ECONOMIC SUSTAINABILITY 1SUSTAINABILITYM3 Dir, Electric Distribution ELECTRIC UTILITIES 2OPERATIONSM3 Dir, Environ Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYM3 Dir, Social Sustainability SOCIAL SUSTAINABILITY 1SUSTAINABILITYM3 Dir, Transportation Operations TRANSPORTATION 2OPERATIONSM3 Director, Accounting ACCOUNTING 4FINANCE & ACCOUNTINGM3 Director, Broadband BROADBAND 2OPERATIONSM3 Director, Budget BUDGET 4FINANCE & ACCOUNTINGM3 Director, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM3 Director, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM3 Director, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESM3 Director, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM3 Director, Elec Engineering ENGINEERING 3SCIENCES & ENGINEERINGM3 Director, FP&A FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGM3 Director, Facilities & Fleet FACILITIES & FLEET 2OPERATIONSM3 Director, Human Resources TALENT MANAGEMENT 4HUMAN RESOURCESM3 Director, Information Services PROCESSING SUPPORT 5PROTECTIVE SERVICESM3 Director, Park Planning PARK PLANNING 1PLANNINGM3 Director, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM3 Director, Plant Operations PLANT OPERATIONS 2OPERATIONSM3 Director, Purchasing PURCHASING 4FINANCE & ACCOUNTINGM3 Director, Recreation RECREATION 1CULTURE, PARKS & RECREATIONM3 Director, Sciences SCIENCES 3SCIENCES & ENGINEERINGM3 Director, Technology TECHNOLOGY 3TECHNOLOGYM3 Director, Transit TRANSPORTATION 2OPERATIONSM3 Director, Water Field Ops WATER UTILITIES 2OPERATIONSM3 Electrical Engineer I ENGINEERING 3SCIENCES & ENGINEERINGP1 Electrical Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Electrical Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Electrician FACILITIES & FLEET 2OPERATIONSOT4 Emergency Commun Dispatcher COLLECTIVE BARGAINING UNIT 5APROTECTIVE SERVICESOT4 Engineer I, Fiber FIBER 3TECHNOLOGYP1 Engineer I, Network NETWORK 3TECHNOLOGYP1 Engineer II, Network NETWORK 3TECHNOLOGYP2 Engineer II, Systems SYSTEMS 3TECHNOLOGYP2 Exec Assistant To The City Mgr ADMINISTRATION 4ADMINISTRATIONP1 Executive Admin Assistant ADMINISTRATION 4ADMINISTRATIONA5 Inspector, Code Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT3 Investigative Aide INVESTIGATION 5PROTECTIVE SERVICESA5 Lab Assistant SCIENCES 3SCIENCES & ENGINEERINGOT1 Lead Analyst, Utility Rate UTILITY 4FINANCE & ACCOUNTINGP4 Lead Coord, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESA6 Lead Coord, Utility Rate/Fee UTILITY 4FINANCE & ACCOUNTINGA6 Lead Inspector Code Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT6 Lead Inspector, Construction COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT6 Lead Park Ranger OPERATIONS 5PROTECTIVE SERVICESS1 Lead Rep, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA5 Lead Spc, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONP3 Lead Spc, Employee Relations TALENT MANAGEMENT 4HUMAN RESOURCESP3 Lead Spc, Env Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYP3 Lead Spc, Homelessness SOCIAL SUSTAINABILITY 1SUSTAINABILITYP3 Lead Spc, Process Improvement PROJECT MANAGEMENT 4ADMINISTRATIONP3 Lead Spc, Soc Sustainability SOCIAL SUSTAINABILITY 1SUSTAINABILITYP3 Lead Spc, Special Events NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCEP3 Lead Specialist, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONP3 Lead Specialist, Marketing MARKETING 4MARKETING & CREATIVE SERVICESP3 Lead Specialist, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONP3 A Packet Pg. 128 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Lead Specialist, Occptnl Hlth SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESP3 Lead Specialist, Safety SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESP3 Lead Specialist, Sciences SCIENCES 3SCIENCES & ENGINEERINGP3 Lead Specialist, Security SAFETY & RISK MANAGEMENT 4ADMINISTRATIONP3 Lead Sr Facilities Project Mgr PROJECT MANAGEMENT 4ADMINISTRATIONM1 Lead Tech, Graphic Design MEDIA 4MARKETING & CREATIVE SERVICESA6 Lead Tech, Transportation Ops TRANSPORTATION 2OPERATIONSOT6 Lead Technician, Sciences SCIENCES 3SCIENCES & ENGINEERINGA6 Lead Technician, Video Prod MEDIA 4MARKETING & CREATIVE SERVICESA6 Legal Assistant LEGAL 4LEGALA3 Locator, Elec Dist - Field Ops ELECTRIC UTILITIES 2OPERATIONSOT3 Manager, Active Modes TRANSPORTATION PLANNING 1PLANNINGM1 Manager, Administration ADMINISTRATION 4ADMINISTRATIONM1 Manager, Applications Software APPLICATIONS SOFTWARE 3TECHNOLOGYM1 Manager, Apps Software Dev APPLICATIONS SOFTWARE 3TECHNOLOGYM1 Manager, Broadband BROADBAND 2OPERATIONSM1 Manager, City Planning CITY PLANNING 1PLANNINGM1 Manager, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM1 Manager, Client Services CLIENT SERVICES 3TECHNOLOGYM1 Manager, Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEM1 Manager, Construction Inspect COMPLIANCE 1DEVELOPMENT & COMPLIANCEM1 Manager, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM1 Manager, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEM1 Manager, Econ Sustainability ECONOMIC SUSTAINABILITY 1SUSTAINABILITYM1 Manager, Elec Distr Hi Voltage ELECTRIC UTILITIES 2OPERATIONSM1 Manager, Env Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYM1 Manager, Environ Planning ENVIRONMENTAL PLANNING 1PLANNINGM1 Manager, FP&A FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGM1 Manager, GIS GIS 3TECHNOLOGYM1 Manager, Graphic Design MEDIA 4MARKETING & CREATIVE SERVICESM1 Manager, Historic Preservation CITY PLANNING 1PLANNINGM1 Manager, Marketing MARKETING 4MARKETING & CREATIVE SERVICESM1 Manager, Payroll ACCOUNTING 4FINANCE & ACCOUNTINGM1 Manager, Plant Operations PLANT OPERATIONS 2OPERATIONSM1 Manager, Public Engagement OUTREACH 4CUSTOMER SERVICEM1 Manager, Real Estate FACILITIES & FLEET 2OPERATIONSM1 Manager, Recreation RECREATION 1CULTURE, PARKS & RECREATIONM1 Manager, Sciences SCIENCES 3SCIENCES & ENGINEERINGM1 Manager, Social Sustainability SOCIAL SUSTAINABILITY 1SUSTAINABILITYM1 Manager, Systems Admin SYSTEMS 3TECHNOLOGYM1 Manager, Systems Engineering SYSTEMS 3TECHNOLOGYM1 Manager, Talent Acquisition TALENT MANAGEMENT 4HUMAN RESOURCESM1 Manager, Talent Development TALENT MANAGEMENT 4HUMAN RESOURCESM1 Manager, Technical Proj Mgmt PROJECT MANAGEMENT 4ADMINISTRATIONM1 Manager, Traffic Engineering ENGINEERING 3SCIENCES & ENGINEERINGM1 Manager, Transportation Ops TRANSPORTATION 2OPERATIONSM1 Manager, Transportation Plng TRANSPORTATION PLANNING 1PLANNINGM1 Manager, Video Production MEDIA 4MARKETING & CREATIVE SERVICESM1 Manager, Water Field Ops WATER UTILITIES 2OPERATIONSM1 Manager, Wellness BENEFITS 4HUMAN RESOURCESM1 Master Electrician FACILITIES & FLEET 2OPERATIONSOT6 Mechanical Engineer I ENGINEERING 3SCIENCES & ENGINEERINGP1 Mechanical Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Mechanical Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Municipal Court Administrator JUDICIAL 4LEGALS2 Municipal Court Case Worker JUDICIAL 4LEGALA5 Natural Areas Trail Ranger OPERATIONS 5PROTECTIVE SERVICESOT4 Officer I, Enforcement OPERATIONS 5PROTECTIVE SERVICESOT2 Officer I, Transportation Ops TRANSPORTATION 2OPERATIONSOT2 Officer II, Enforcement OPERATIONS 5PROTECTIVE SERVICESOT3 Operator I, Transit TRANSPORTATION 2OPERATIONSOT2 Operator I, Transportation Ops TRANSPORTATION 2OPERATIONSOT2 Operator II, Transit TRANSPORTATION 2OPERATIONSOT3 Operator II, Transportation Op TRANSPORTATION 2OPERATIONSOT3 Paralegal LEGAL 4LEGALA6 A Packet Pg. 129 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Park Ranger OPERATIONS 5PROTECTIVE SERVICESOT4 Partner, Human Resources TALENT MANAGEMENT 4HUMAN RESOURCESP2 Planner, City CITY PLANNING 1PLANNINGP2 Planner, Environmental ENVIRONMENTAL PLANNING 1PLANNINGP2 Planner, Transit TRANSPORTATION PLANNING 1PLANNINGP2 Planner, Transportation TRANSPORTATION PLANNING 1PLANNINGP2 Plans Examiner BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEA6 Police Assistant Chief POLICE ADMINISTRATION 5PROTECTIVE SERVICESM3 Police Corporal COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESS1 Police Lieutenant COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESM2 Police Officer COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESOT6 Police Psychologist INVESTIGATION 5PROTECTIVE SERVICESP4 Police Sergeant COLLECTIVE BARGAINING UNIT 5CPROTECTIVE SERVICESS2 Probation Officer JUDICIAL 4LEGALA5 Project Analyst PROJECT MANAGEMENT 4ADMINISTRATIONP1 Project Coordinator PROJECT MANAGEMENT 4ADMINISTRATIONA5 Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP2 Reliability Engineer III ENGINEERING 3SCIENCES & ENGINEERINGP3 Rep I, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA2 Rep II, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEA3 Rep II, Police Records PROCESSING SUPPORT 5PROTECTIVE SERVICESA3 Specialist, Active Modes TRANSPORTATION PLANNING 1PLANNINGP1 Specialist, City Planning CITY PLANNING 1PLANNINGP1 Specialist, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESP1 Specialist, Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEP1 Specialist, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEP1 Specialist, Econ Sustainabilty ECONOMIC SUSTAINABILITY 1SUSTAINABILITYP1 Specialist, Env Sustainability ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYP1 Specialist, Facilities FACILITIES & FLEET 2OPERATIONSP1 Specialist, Outreach INVESTIGATION 5PROTECTIVE SERVICESP1 Specialist, Public Engagement OUTREACH 4CUSTOMER SERVICEP1 Specialist, Safety SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESP1 Specialist, Sales SALES 4MARKETING & CREATIVE SERVICESP1 Specialist, Sciences SCIENCES 3SCIENCES & ENGINEERINGP1 Specialist, Social Sustain SOCIAL SUSTAINABILITY 1SUSTAINABILITYP1 Specialist, Talent Acquisition TALENT MANAGEMENT 4HUMAN RESOURCESP1 Specialist, Talent Development TALENT MANAGEMENT 4HUMAN RESOURCESP1 Specialist, Wellness BENEFITS 4HUMAN RESOURCESP1 Sr Accountant ACCOUNTING 4FINANCE & ACCOUNTINGP3 Sr Administrator, Database DATABASE 3TECHNOLOGYP3 Sr Administrator, Systems SYSTEMS 3TECHNOLOGYP3 Sr Analyst, Administration ADMINISTRATION 4ADMINISTRATIONP3 Sr Analyst, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYP3 Sr Analyst, Apps Software Dev APPLICATIONS SOFTWARE 3TECHNOLOGYP3 Sr Analyst, Budget BUDGET 4FINANCE & ACCOUNTINGP3 Sr Analyst, Business FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP3 Sr Analyst, Compensation COMPENSATION 4HUMAN RESOURCESP3 Sr Analyst, Finance FINANCIAL PLANNING & ANALYSIS 4FINANCE & ACCOUNTINGP3 Sr Analyst, GIS GIS 3TECHNOLOGYP3 Sr Analyst, HRIS HRIS 4HUMAN RESOURCESP3 Sr Analyst, IT Security INFORMATION SECURITY 3TECHNOLOGYP3 Sr Analyst, Systems SYSTEMS 3TECHNOLOGYP3 Sr Analyst, Treasury TREASURY / INVESTMENT 4FINANCE & ACCOUNTINGP3 Sr Architect, Landscape PARK PLANNING 1PLANNINGP3 Sr Buyer PURCHASING 4FINANCE & ACCOUNTINGP3 Sr Coord, Sales Tax Audit Rev REVENUE 4FINANCE & ACCOUNTINGA5 Sr Coordinator, AP ACCOUNTING 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Accounting ACCOUNTING 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Active Modes TRANSPORTATION PLANNING 1PLANNINGA5 Sr Coordinator, Benefits BENEFITS 4HUMAN RESOURCESA5 Sr Coordinator, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESA5 Sr Coordinator, Cultural Svcs CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONA5 Sr Coordinator, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONA5 Sr Coordinator, HRIS HRIS 4HUMAN RESOURCESA5 Sr Coordinator, Marketing MARKETING 4MARKETING & CREATIVE SERVICESA5 A Packet Pg. 130 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Sr Coordinator, Payroll ACCOUNTING 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Public Engage OUTREACH 4CUSTOMER SERVICEA5 Sr Coordinator, Recreation RECREATION 1CULTURE, PARKS & RECREATIONA5 Sr Coordinator, Risk Mgmt RISK MANAGEMENT 4FINANCE & ACCOUNTINGA5 Sr Coordinator, Safety SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESA5 Sr Coordinator, Wellness BENEFITS 4HUMAN RESOURCESA5 Sr Engineer, Network NETWORK 3TECHNOLOGYP3 Sr Engineer, Systems SYSTEMS 3TECHNOLOGYP3 Sr Facilities Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP3 Sr Inspector, Compliance COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT5 Sr Inspector, Construction COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT5 Sr Inspector, Zoning COMPLIANCE 1DEVELOPMENT & COMPLIANCEOT5 Sr Legal Assistant LEGAL 4LEGALA4 Sr Locator, Elec Dist Field Op ELECTRIC UTILITIES 2OPERATIONSOT4 Sr Manager, Accounting ACCOUNTING 4FINANCE & ACCOUNTINGM2 Sr Manager, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYM2 Sr Manager, Benefits BENEFITS 4HUMAN RESOURCESM2 Sr Manager, Bldg & Dev Review BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEM2 Sr Manager, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Compensation COMPENSATION 4HUMAN RESOURCESM2 Sr Manager, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEM2 Sr Manager, Econ Sustainabilty ECONOMIC SUSTAINABILITY 1SUSTAINABILITYM2 Sr Manager, Elec Engr ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Emergency Comms COLLECTIVE BARGAINING UNIT 5APROTECTIVE SERVICESM2 Sr Manager, Env Sustain ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYM2 Sr Manager, Facilities & Fleet FACILITIES & FLEET 2OPERATIONSM2 Sr Manager, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Information Svcs PROCESSING SUPPORT 5PROTECTIVE SERVICESM2 Sr Manager, Mechanical Engr ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Neighborhood Svcs NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCEM2 Sr Manager, Network Engineerng NETWORK 3TECHNOLOGYM2 Sr Manager, OEM PROJECT MANAGEMENT 4ADMINISTRATIONM2 Sr Manager, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONM2 Sr Manager, Sales Tax/Revenue REVENUE 4FINANCE & ACCOUNTINGM2 Sr Manager, Sciences SCIENCES 3SCIENCES & ENGINEERINGM2 Sr Manager, Social Sustainblty SOCIAL SUSTAINABILITY 1SUSTAINABILITYM2 Sr Manager, Technology TECHNOLOGY 3TECHNOLOGYM2 Sr Manager, Traffic Engr ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Manager, Transit TRANSPORTATION 2OPERATIONSM2 Sr Manager, Transportation Pln TRANSPORTATION PLANNING 1PLANNINGM2 Sr Manager, Water Engineering ENGINEERING 3SCIENCES & ENGINEERINGM2 Sr Mgr, Safety & Risk Mgmt SAFETY & RISK MANAGEMENT 4HUMAN RESOURCESM2 Sr Planner, City CITY PLANNING 1PLANNINGP3 Sr Planner, Environmental ENVIRONMENTAL PLANNING 1PLANNINGP3 Sr Planner, Transportation TRANSPORTATION PLANNING 1PLANNINGP3 Sr Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP3 Sr Rep, Cultural Svcs CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONA4 Sr Spc, Neighborhood Svcs NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCEP2 Sr Spc, Process Improvement PROJECT MANAGEMENT 4ADMINISTRATIONP2 Sr Specialist, Communications COMMUNICATIONS 4MARKETING & CREATIVE SERVICESP2 Sr Specialist, Cust Support CUSTOMER SERVICE 4CUSTOMER SERVICEP2 Sr Specialist, Econ Sustain ECONOMIC SUSTAINABILITY 1SUSTAINABILITYP2 Sr Specialist, Env Compliance COMPLIANCE 1SUSTAINABILITYP2 Sr Specialist, Enviro Sustain ENVIRONMENTAL SUSTAINABILITY 1SUSTAINABILITYP2 Sr Specialist, OEM PROJECT MANAGEMENT 4ADMINISTRATIONP2 Sr Specialist, Outreach INVESTIGATION 5PROTECTIVE SERVICESP2 Sr Specialist, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONP2 Sr Specialist, Public Engage OUTREACH 4CUSTOMER SERVICEP2 Sr Specialist, Real Estate FACILITIES & FLEET 2OPERATIONSP2 Sr Specialist, Recreation RECREATION 1CULTURE, PARKS & RECREATIONP2 Sr Specialist, Sciences SCIENCES 3SCIENCES & ENGINEERINGP2 Sr Specialist, Social Sustain SOCIAL SUSTAINABILITY 1SUSTAINABILITYP2 A Packet Pg. 131 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Sr Supervisor, AR / Billing ACCOUNTING 4FINANCE & ACCOUNTINGS2 Sr Supervisor, Bldg & Dev Rev BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCES2 Sr Supervisor, CSO COLLECTIVE BARGAINING UNIT 5BPROTECTIVE SERVICESS2 Sr Supervisor, Cultural Svcs CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Cust Support CUSTOMER SERVICE 4CUSTOMER SERVICES2 Sr Supervisor, Electric Dist ELECTRIC UTILITIES 2OPERATIONSS2 Sr Supervisor, Emergency Comms COLLECTIVE BARGAINING UNIT 5APROTECTIVE SERVICESS2 Sr Supervisor, Facilities FACILITIES & FLEET 2OPERATIONSS2 Sr Supervisor, Fleet FACILITIES & FLEET 2OPERATIONSS2 Sr Supervisor, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, HRIS HRIS 4HUMAN RESOURCESS2 Sr Supervisor, Information Svc PROCESSING SUPPORT 5PROTECTIVE SERVICESS2 Sr Supervisor, Maintenance PLANT OPERATIONS 2OPERATIONSS2 Sr Supervisor, Marketing MARKETING 4MARKETING & CREATIVE SERVICESS2 Sr Supervisor, Mechanical Engr ENGINEERING 3SCIENCES & ENGINEERINGS2 Sr Supervisor, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Neighbrhood Svc NEIGHBORHOOD SERVICES 1DEVELOPMENT & COMPLIANCES2 Sr Supervisor, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Plant Ops PLANT OPERATIONS 2OPERATIONSS2 Sr Supervisor, Plant Ops PLANT OPERATIONS 2OPERATIONSS2 Sr Supervisor, Process Support PROCESSING SUPPORT 5PROTECTIVE SERVICESS2 Sr Supervisor, Project Mgmt PROJECT MANAGEMENT 4ADMINISTRATIONS2 Sr Supervisor, Public Engage OUTREACH 4CUSTOMER SERVICES2 Sr Supervisor, Recreation RECREATION 1CULTURE, PARKS & RECREATIONS2 Sr Supervisor, Sciences SCIENCES 3SCIENCES & ENGINEERINGS2 Sr Supervisor, Transit TRANSPORTATION 2OPERATIONSS2 Sr Supervisor, Transportn Ops TRANSPORTATION 2OPERATIONSS2 Sr Tech, Processing Support PROCESSING SUPPORT 5PROTECTIVE SERVICESA5 Sr Tech, Transportation Ops TRANSPORTATION 2OPERATIONSOT5 Sr Technical Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP3 Sr Technician, Client Services CLIENT SERVICES 3TECHNOLOGYA5 Sr Technician, Facilities FACILITIES & FLEET 2OPERATIONSOT5 Sr Technician, Fiber FIBER 3TECHNOLOGYOT5 Sr Technician, Maintenance PLANT OPERATIONS 2OPERATIONSOT5 Sr Technician, Network Engr NETWORK 3TECHNOLOGYA5 Sr Technician, Police Admin POLICE ADMINISTRATION 5PROTECTIVE SERVICESA5 Sr Technician, Traffic Engr ENGINEERING 3SCIENCES & ENGINEERINGOT5 Sr Technician, Video Prod MEDIA 4MARKETING & CREATIVE SERVICESA5 Sr Technician, Water Field Ops WATER UTILITIES 2OPERATIONSOT5 Supervisor, Administration ADMINISTRATION 4ADMINISTRATIONS1 Supervisor, Bldg & Dev Rev BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCES1 Supervisor, Civil Engineering ENGINEERING 3SCIENCES & ENGINEERINGS1 Supervisor, Client Services CLIENT SERVICES 3TECHNOLOGYS1 Supervisor, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONS1 Supervisor, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICES1 Supervisor, Energy Services FACILITIES & FLEET 2OPERATIONSS1 Supervisor, Enforcement OPERATIONS 5PROTECTIVE SERVICESS1 Supervisor, Facilities FACILITIES & FLEET 2OPERATIONSS1 Supervisor, Fleet FACILITIES & FLEET 2OPERATIONSS1 Supervisor, Network Engr NETWORK 3TECHNOLOGYS1 Supervisor, Plant Operations PLANT OPERATIONS 2OPERATIONSS1 Supervisor, Plant Operations PLANT OPERATIONS 2OPERATIONSS1 Supervisor, Transit TRANSPORTATION 2OPERATIONSS1 Tech II, Processing Support PROCESSING SUPPORT 5PROTECTIVE SERVICESA4 Tech II, Sales Tax Audit & Rev REVENUE 4FINANCE & ACCOUNTINGA4 Tech II, Transportation Ops TRANSPORTATION 2OPERATIONSOT4 Technical Project Manager PROJECT MANAGEMENT 4ADMINISTRATIONP2 Technician I, Bldg Dev Review BUILDING & DEVELOPMENT REVIEW 1DEVELOPMENT & COMPLIANCEA3 Technician I, Civil Engr ENGINEERING 3SCIENCES & ENGINEERINGOT3 Technician I, Customer Support CUSTOMER SERVICE 4CUSTOMER SERVICEOT3 Technician I, Facilities FACILITIES & FLEET 2OPERATIONSOT3 Technician I, Fiber FIBER 2OPERATIONSOT3 Technician I, Fleet FACILITIES & FLEET 2OPERATIONSOT3 Technician I, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT3 Technician I, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT3 A Packet Pg. 132 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Technician I, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT3 Technician I, Police Admin POLICE ADMINISTRATION 5PROTECTIVE SERVICESA3 Technician I, Water Field Util WATER UTILITIES 2OPERATIONSOT3 Technician II, Apps Software APPLICATIONS SOFTWARE 3TECHNOLOGYA4 Technician II, Civil Engr ENGINEERING 3SCIENCES & ENGINEERINGOT4 Technician II, Client Services CLIENT SERVICES 3TECHNOLOGYA4 Technician II, Energy Services FACILITIES & FLEET 2OPERATIONSOT4 Technician II, Facilities FACILITIES & FLEET 2OPERATIONSOT4 Technician II, Fiber FIBER 3TECHNOLOGYOT4 Technician II, Fleet FACILITIES & FLEET 2OPERATIONSOT4 Technician II, Forestry OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT4 Technician II, GIS GIS 3TECHNOLOGYA4 Technician II, Graphic Design MEDIA 4MARKETING & CREATIVE SERVICESA4 Technician II, Maintenance PLANT OPERATIONS 2OPERATIONSOT4 Technician II, Natural Areas OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT4 Technician II, Network Engr NETWORK 3TECHNOLOGYA4 Technician II, Police Records PROCESSING SUPPORT 5PROTECTIVE SERVICESA4 Technician II, Sciences SCIENCES 3SCIENCES & ENGINEERINGA4 Technician II, Traffic Engr ENGINEERING 3SCIENCES & ENGINEERINGOT4 Technician II, Video Prod MEDIA 4MARKETING & CREATIVE SERVICESA4 Technician II, Water Engr ENGINEERING 3SCIENCES & ENGINEERINGOT4 Technician II, Wtr Field Util WATER UTILITIES 2OPERATIONSOT4 Victim Advocate INVESTIGATION 5PROTECTIVE SERVICESA4 Water Engineer II ENGINEERING 3SCIENCES & ENGINEERINGP2 Worker I, Facilities FACILITIES & FLEET 2OPERATIONSOT1 Worker I, Parks OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT1 Worker I, Recreation OUTDOOR SERVICES 1CULTURE, PARKS & RECREATIONOT1 Worker I, Transit TRANSPORTATION 2OPERATIONSOT1 Worker I, Transportation Ops TRANSPORTATION 2OPERATIONSOT1 Worker II, Cultural Services CULTURAL SERVICES 1CULTURE, PARKS & RECREATIONOT2 Worker II, Facilities FACILITIES & FLEET 2OPERATIONSOT2 Worker II, Fleet FACILITIES & FLEET 2OPERATIONSOT2 A Packet Pg. 133 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCETABLE: 1 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $3,393.08 $4,524.08 $5,655.12 $9,802.17$7,351.67 $147,033.00$117,626.00$88,220.00 $12,252.75 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,098.92 $4,131.88 $5,164.85 $8,952.42$6,714.33 $134,286.00$107,429.00$80,572.00 $11,190.50 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,804.77 $3,739.69 $4,674.62 $8,102.67$6,077.00 $121,540.00$97,232.00$72,924.00 $10,128.33 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,302.65 $3,070.19 $3,837.73 $6,652.08$4,989.08 $99,781.00$79,825.00$59,869.00 $8,315.08 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,026.35 $2,701.77 $3,377.23 $5,853.83$4,390.42 $87,808.00$70,246.00$52,685.00 $7,317.33 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 2.00 P3 $2,281.04 $3,041.38 $3,801.73 $6,589.67$4,942.25 $98,845.00$79,076.00$59,307.00 $8,237.08 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,007.31 $2,676.42 $3,345.54 $5,798.92$4,349.17 $86,984.00$69,587.00$52,190.00 $7,248.67 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,766.46 $2,355.23 $2,944.08 $5,103.00$3,827.33 $76,546.00$61,236.00$45,928.00 $6,378.83 BIWEEKLY MONTHLY ANNUAL Page 8 of 20 A Packet Pg. 134 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 1 SUSTAINABILITY, PLANNING, CULTURE, PARKS & RECREATION, DEVELOPMENT & COMPLIANCETABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $2,008.73 $2,510.92 $3,013.12 $5,440.33$4,352.25 $78,341.00$65,284.00$52,227.00 $6,528.42 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,826.15 $2,282.65 $2,739.19 $4,945.75$3,956.67 $71,219.00$59,349.00$47,480.00 $5,934.92 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,660.12 $2,075.15 $2,490.19 $4,496.17$3,596.92 $64,745.00$53,954.00$43,163.00 $5,395.42 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,494.12 $1,867.65 $2,241.15 $4,046.58$3,237.25 $58,270.00$48,559.00$38,847.00 $4,855.83 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,344.69 $1,680.88 $2,017.08 $3,641.92$2,913.50 $52,444.00$43,703.00$34,962.00 $4,370.33 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 1.00 OT6 $2,156.92 $2,696.15 $3,235.38 $5,841.67$4,673.33 $84,120.00$70,100.00$56,080.00 $7,010.00 BIWEEKLY MONTHLY ANNUAL 2.00 OT5 $1,941.23 $2,426.54 $2,911.85 $5,257.50$4,206.00 $75,708.00$63,090.00$50,472.00 $6,309.00 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,747.12 $2,183.88 $2,620.65 $4,731.75$3,785.42 $68,137.00$56,781.00$45,425.00 $5,678.08 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,572.38 $1,965.50 $2,358.58 $4,258.58$3,406.83 $61,323.00$51,103.00$40,882.00 $5,110.25 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,415.15 $1,768.96 $2,122.73 $3,832.75$3,066.17 $55,191.00$45,993.00$36,794.00 $4,599.25 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,273.65 $1,592.04 $1,910.46 $3,449.42$2,759.58 $49,672.00$41,393.00$33,115.00 $4,139.33 BIWEEKLY MONTHLY ANNUAL Page 9 of 20 A Packet Pg. 135 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 2 OPERATIONSTABLE: 2 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $4,186.00 $5,581.31 $6,976.65 $12,092.83$9,069.67 $181,393.00$145,114.00$108,836.00 $15,116.08 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,558.08 $4,744.12 $5,930.12 $10,278.92$7,709.17 $154,183.00$123,347.00$92,510.00 $12,848.58 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $3,024.38 $4,032.50 $5,040.62 $8,737.08$6,552.83 $131,056.00$104,845.00$78,634.00 $10,921.33 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,412.54 $3,216.69 $4,020.88 $6,969.50$5,227.17 $104,543.00$83,634.00$62,726.00 $8,711.92 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,123.00 $2,830.69 $3,538.35 $6,133.17$4,599.83 $91,997.00$73,598.00$55,198.00 $7,666.42 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 3.00 P2 $1,909.62 $2,546.15 $3,182.69 $5,516.67$4,137.50 $82,750.00$66,200.00$49,650.00 $6,895.83 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,680.46 $2,240.62 $2,800.77 $4,854.67$3,641.00 $72,820.00$58,256.00$43,692.00 $6,068.33 BIWEEKLY MONTHLY ANNUAL Page 10 of 20 A Packet Pg. 136 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 2 OPERATIONSTABLE: 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 1.00 OT6 $2,180.38 $2,725.46 $3,270.58 $5,905.17$4,724.17 $85,035.00$70,862.00$56,690.00 $7,086.25 BIWEEKLY MONTHLY ANNUAL 2.00 OT5 $1,982.15 $2,477.69 $2,973.23 $5,368.33$4,294.67 $77,304.00$64,420.00$51,536.00 $6,442.00 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,801.96 $2,252.46 $2,702.96 $4,880.33$3,904.25 $70,277.00$58,564.00$46,851.00 $5,856.42 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,638.15 $2,047.69 $2,457.23 $4,436.67$3,549.33 $63,888.00$53,240.00$42,592.00 $5,324.00 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,489.23 $1,861.54 $2,233.85 $4,033.33$3,226.67 $58,080.00$48,400.00$38,720.00 $4,840.00 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,353.85 $1,692.31 $2,030.77 $3,666.67$2,933.33 $52,800.00$44,000.00$35,200.00 $4,400.00 BIWEEKLY MONTHLY ANNUAL Page 11 of 20 A Packet Pg. 137 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 3 SCIENCES & ENGINEERING, TECHNOLOGYTABLE: 3 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $4,106.35 $5,475.15 $6,843.92 $11,862.83$8,897.08 $177,942.00$142,354.00$106,765.00 $14,828.50 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,570.77 $4,761.00 $5,951.27 $10,315.50$7,736.67 $154,733.00$123,786.00$92,840.00 $12,894.42 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $3,105.00 $4,140.00 $5,175.00 $8,970.00$6,727.50 $134,550.00$107,640.00$80,730.00 $11,212.50 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,700.00 $3,600.00 $4,500.00 $7,800.00$5,850.00 $117,000.00$93,600.00$70,200.00 $9,750.00 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $2,376.00 $3,168.00 $3,960.00 $6,864.00$5,148.00 $102,960.00$82,368.00$61,776.00 $8,580.00 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 1.00 P4 $3,336.62 $4,448.81 $5,561.00 $9,639.08$7,229.33 $144,586.00$115,669.00$86,752.00 $12,048.83 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,936.23 $3,914.96 $4,893.69 $8,482.42$6,361.83 $127,236.00$101,789.00$76,342.00 $10,603.00 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,583.88 $3,445.15 $4,306.42 $7,464.50$5,598.42 $111,967.00$89,574.00$67,181.00 $9,330.58 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $2,273.81 $3,031.73 $3,789.69 $6,568.75$4,926.58 $98,532.00$78,825.00$59,119.00 $8,211.00 BIWEEKLY MONTHLY ANNUAL Page 12 of 20 A Packet Pg. 138 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 3 SCIENCES & ENGINEERING, TECHNOLOGYTABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $2,077.46 $2,596.85 $3,116.23 $5,626.50$4,501.17 $81,022.00$67,518.00$54,014.00 $6,751.83 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,888.62 $2,360.77 $2,832.92 $5,115.00$4,092.00 $73,656.00$61,380.00$49,104.00 $6,138.00 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,716.92 $2,146.15 $2,575.38 $4,650.00$3,720.00 $66,960.00$55,800.00$44,640.00 $5,580.00 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 2.00 OT5 $2,129.50 $2,661.85 $3,194.23 $5,767.33$4,613.92 $83,050.00$69,208.00$55,367.00 $6,920.83 BIWEEKLY MONTHLY ANNUAL 3.00 OT4 $1,953.65 $2,442.08 $2,930.50 $5,291.17$4,232.92 $76,193.00$63,494.00$50,795.00 $6,349.42 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,758.31 $2,197.88 $2,637.46 $4,762.08$3,809.67 $68,574.00$57,145.00$45,716.00 $5,714.50 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,582.46 $1,978.08 $2,373.69 $4,285.83$3,428.67 $61,716.00$51,430.00$41,144.00 $5,143.00 BIWEEKLY MONTHLY ANNUAL 6.00 OT1 $1,424.23 $1,780.27 $2,136.35 $3,857.25$3,085.83 $55,545.00$46,287.00$37,030.00 $4,628.75 BIWEEKLY MONTHLY ANNUAL Page 13 of 20 A Packet Pg. 139 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGALTABLE: 4 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $3,842.88 $5,123.88 $6,404.85 $11,101.75$8,326.25 $166,526.00$133,221.00$99,915.00 $13,877.17 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,341.69 $4,455.54 $5,569.46 $9,653.67$7,240.33 $144,806.00$115,844.00$86,884.00 $12,067.17 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,905.81 $3,874.38 $4,843.00 $8,394.50$6,295.92 $125,918.00$100,734.00$75,551.00 $10,493.17 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,223.00 $2,999.62 $3,705.00 $6,499.17$4,816.50 $96,330.00$77,990.00$57,798.00 $8,027.50 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $1,956.23 $2,608.31 $3,260.38 $5,651.33$4,238.50 $84,770.00$67,816.00$50,862.00 $7,064.17 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 1.00 P4 $2,715.38 $3,620.54 $4,525.65 $7,844.50$5,883.33 $117,667.00$94,134.00$70,600.00 $9,805.58 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,424.46 $3,232.62 $4,040.77 $7,004.00$5,253.00 $105,060.00$84,048.00$63,036.00 $8,755.00 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $2,133.54 $2,844.69 $3,555.88 $6,163.50$4,622.67 $92,453.00$73,962.00$55,472.00 $7,704.42 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,877.50 $2,503.35 $3,129.19 $5,423.92$4,067.92 $81,359.00$65,087.00$48,815.00 $6,779.92 BIWEEKLY MONTHLY ANNUAL Page 14 of 20 A Packet Pg. 140 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 4 HUMAN RESOURCES, FINANCE & ACCTG, CUSTOMER SERVICE, ADMINISTRATION, MARKETING, LEGALTABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $1,925.08 $2,406.31 $2,887.58 $5,213.67$4,171.00 $75,077.00$62,564.00$50,052.00 $6,256.42 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $1,750.04 $2,187.58 $2,625.08 $4,739.75$3,791.75 $68,252.00$56,877.00$45,501.00 $5,687.67 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,590.96 $1,988.69 $2,386.42 $4,308.83$3,447.08 $62,047.00$51,706.00$41,365.00 $5,170.58 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,431.85 $1,789.81 $2,147.77 $3,877.92$3,102.33 $55,842.00$46,535.00$37,228.00 $4,653.50 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,288.69 $1,610.85 $1,933.00 $3,490.17$2,792.17 $50,258.00$41,882.00$33,506.00 $4,188.17 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $1,609.23 $2,011.54 $2,413.85 $4,358.33$3,486.67 $62,760.00$52,300.00$41,840.00 $5,230.00 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,448.31 $1,810.38 $2,172.46 $3,922.50$3,138.00 $56,484.00$47,070.00$37,656.00 $4,707.00 BIWEEKLY MONTHLY ANNUAL Page 15 of 20 A Packet Pg. 141 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 5 PROTECTIVE SERVICES (non-CBU)TABLE: 5 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 1.00 M3 $3,547.35 $4,729.77 $5,912.23 $10,247.83$7,685.92 $153,718.00$122,974.00$92,231.00 $12,809.83 BIWEEKLY MONTHLY ANNUAL 2.00 M2 $3,015.23 $4,020.31 $5,025.38 $8,710.67$6,533.00 $130,660.00$104,528.00$78,396.00 $10,888.33 BIWEEKLY MONTHLY ANNUAL 3.00 M1 $2,562.96 $3,417.27 $4,271.58 $7,404.08$5,553.08 $111,061.00$88,849.00$66,637.00 $9,255.08 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,065.69 $2,754.23 $3,442.81 $5,967.50$4,475.67 $89,513.00$71,610.00$53,708.00 $7,459.42 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $1,817.81 $2,423.73 $3,029.65 $5,251.42$3,938.58 $78,771.00$63,017.00$47,263.00 $6,564.25 BIWEEKLY MONTHLY ANNUAL 5.00 PROFESSIONAL MAXIMUMMIDPOINTMINIMUM 1.00 P4 $2,569.46 $3,425.92 $4,282.42 $7,422.83$5,567.17 $111,343.00$89,074.00$66,806.00 $9,278.58 BIWEEKLY MONTHLY ANNUAL 2.00 P3 $2,234.31 $2,979.08 $3,723.85 $6,454.67$4,841.00 $96,820.00$77,456.00$58,092.00 $8,068.33 BIWEEKLY MONTHLY ANNUAL 3.00 P2 $1,966.19 $2,621.58 $3,277.00 $5,680.08$4,260.08 $85,202.00$68,161.00$51,121.00 $7,100.17 BIWEEKLY MONTHLY ANNUAL 4.00 P1 $1,730.23 $2,307.00 $2,883.77 $4,998.50$3,748.83 $74,978.00$59,982.00$44,986.00 $6,248.17 BIWEEKLY MONTHLY ANNUAL Page 16 of 20 A Packet Pg. 142 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 5 PROTECTIVE SERVICES (non-CBU)TABLE: 6.00 ADMINISTRATIVE MAXIMUMMIDPOINTMINIMUM 1.00 A6 $2,262.85 $2,828.54 $3,394.23 $6,128.50$4,902.83 $88,250.00$73,542.00$58,834.00 $7,354.17 BIWEEKLY MONTHLY ANNUAL 2.00 A5 $2,057.12 $2,571.38 $3,085.69 $5,571.33$4,457.08 $80,228.00$66,856.00$53,485.00 $6,685.67 BIWEEKLY MONTHLY ANNUAL 3.00 A4 $1,870.08 $2,337.62 $2,805.15 $5,064.83$4,051.83 $72,934.00$60,778.00$48,622.00 $6,077.83 BIWEEKLY MONTHLY ANNUAL 4.00 A3 $1,700.08 $2,125.12 $2,550.12 $4,604.42$3,683.50 $66,303.00$55,253.00$44,202.00 $5,525.25 BIWEEKLY MONTHLY ANNUAL 5.00 A2 $1,530.08 $1,912.58 $2,295.12 $4,143.92$3,315.17 $59,673.00$49,727.00$39,782.00 $4,972.75 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $1,683.15 $2,103.92 $2,524.69 $4,558.50$3,646.83 $65,642.00$54,702.00$43,762.00 $5,470.17 BIWEEKLY MONTHLY ANNUAL 4.00 OT3 $1,514.81 $1,893.54 $2,272.23 $4,102.67$3,282.08 $59,078.00$49,232.00$39,385.00 $4,923.17 BIWEEKLY MONTHLY ANNUAL 5.00 OT2 $1,363.31 $1,704.19 $2,045.04 $3,692.42$2,953.83 $53,171.00$44,309.00$35,446.00 $4,430.92 BIWEEKLY MONTHLY ANNUAL Page 17 of 20 A Packet Pg. 143 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 5A COLLECTIVE BARGAINING UNIT (CBU) - COMMUNICATIONSTABLE: 5A 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 2.00 M2 $4,551.96 $4,872.38 $5,192.69 $10,556.83$9,862.58 $135,010.00$126,682.00$118,351.00 $11,250.83 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $2,974.12 $3,237.35 $3,500.58 $7,014.25$6,443.92 $91,015.00$84,171.00$77,327.00 $7,584.58 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $1,980.04 $2,337.58 $2,695.19 $5,064.75$4,290.08 $70,075.00$60,777.00$51,481.00 $5,839.58 BIWEEKLY MONTHLY ANNUAL Page 18 of 20 A Packet Pg. 144 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 5B COLLECTIVE BARGAINING UNIT (CBU) - COMMUNITY SERVICES OPERATIONSTABLE: 5B 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 4.00 S2 $3,186.81 $3,231.50 $3,276.15 $7,001.58$6,904.75 $85,180.00$84,019.00$82,857.00 $7,098.33 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 3.00 OT4 $2,188.27 $2,583.31 $2,978.35 $5,597.17$4,741.25 $77,437.00$67,166.00$56,895.00 $6,453.08 BIWEEKLY MONTHLY ANNUAL Page 19 of 20 A Packet Pg. 145 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) CITY OF FORT COLLINS 2021 PAY PLAN 5C COLLECTIVE BARGAINING UNIT (CBU) - SWORN OPERATIONSTABLE: 5C 2.00 MANAGERIAL MAXIMUMMIDPOINTMINIMUM 2.00 M2 $4,972.77 $5,185.15 $5,397.54 $11,234.50$10,774.33 $140,336.00$134,814.00$129,292.00 $11,694.67 BIWEEKLY MONTHLY ANNUAL 4.00 S2 $4,011.15 $4,286.58 $4,562.00 $9,287.58$8,690.83 $118,612.00$111,451.00$104,290.00 $9,884.33 BIWEEKLY MONTHLY ANNUAL 5.00 S1 $3,895.96 $3,950.58 $4,005.15 $8,559.58$8,441.25 $104,134.00$102,715.00$101,295.00 $8,677.83 BIWEEKLY MONTHLY ANNUAL 7.00 OPERATIONS & SKILLED TRADE MAXIMUMMIDPOINTMINIMUM 1.00 OT6 $2,675.27 $3,158.17 $3,641.08 $6,842.71$5,796.42 $94,668.00$82,112.50$69,557.00 $7,889.00 BIWEEKLY MONTHLY ANNUAL Page 20 of 20 A Packet Pg. 146 Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Job Title 1 2 3 4 5 6 7 8 9 10LINE GROUNDWORKER $49,404 $51,775 $54,261 $56,865 $59,596 $62,456 $65,516 $68,783ELECTRIC LINEWORKER $68,878 $72,768 $74,935 $77,172 $79,513 $81,890 $84,337 $87,377 $90,610 $96,099LINE CREW CHIEF $100,424 $104,808ELECTRIC METER TECH $55,515 $61,060 $65,209 $69,326 $73,411 $77,455ELECTRONIC TECHNICIAN II $64,979 $72,640 $78,673 $84,641 $90,659SUBSTATION SPECIALIST $70,558 $78,876 $85,427 $91,908 $98,443SUBSTATION ELEC/COMM SPEC $80,249 $88,478 $96,356 $103,902 $111,963ELECTRIC SYSTEMS OPERATOR $68,878 $73,415 $77,951 $82,488 $87,025 $91,562 $96,099PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132LEAD PLANT OPERATOR $53,850 $58,557 $62,057 $65,789 $69,752 $75,132 $78,888 $82,645WATER UTILITY MAINT OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854WATER METER SYSTEMS OPERATOR $43,617 $47,420 $50,269 $53,279 $56,484 $60,854WATER METER TECHNICIAN $43,617 $47,420 $50,269 $53,279 $56,484 $60,854MECHANIC $49,419 $54,779 $56,946 $59,246 $61,613 $64,081 $66,647 $68,951BUILDING INSPECTOR $56,415 $61,933 $64,424 $67,295 $69,926 $72,727 $75,633 $78,710LEAD BUILDING INSPECTOR $62,056 $68,141 $70,869 $74,039$76,970 $80,038 $83,208 $86,581CITY OF FORT COLLINS2021 PAY PLANStep LaddersStepAPacket Pg. 147Attachment: Exhibit A (9870 : 2021 Pay Plan ORD) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Springer-Fisher Annexation No. 1. EXECUTIVE SUMMARY A. Resolution 2021-008 Setting Forth Findings of Fact and Determinations Regarding the Springer- Fisher Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 019, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of two sequential tracts of land known collectively as the Springer - Fisher Annexations. Springer-Fisher Annexation No. 1 consists of 71.34 acres and establishes the required 1/6 contiguity with existing City limits. Springer-Fisher Annexation No. 1, located northwest of the East Mulberry Street and Greenfields Court intersection, would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Re sidential Neighborhood Sign District. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting two sequential annexations. Springer -Fisher Annexation No. 1. is the first of this series of two sequential annexations, and totals 71.34 acres . The Annexation No. 1 property has 1/6 perimeter boundary contiguity with the existing municipal boundaries to the north, located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries, as well as incorporating portions of the property into the Residential Neighborhood Sign District. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergover nmental Agreement for the Fort Collins Growth Management Area (GMA), the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. 11 Packet Pg. 148 Agenda Item 11 Item # 11 Page 2 Contiguity The land within Annexation No. 1 consists of 71.34 acres, with 1,323.29 feet of the total perimeter of 7,484.15 feet (17%) being contiguous on the north to the 1995 Fisher -Lemay Avenue Third Annexation. This contiguity satisfies the requirement that one-sixth (1/6) (16%) of its perimeter boundary be contiguous with existing City limits. Enclave Implications Annexing this 71.34-acre tract does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 15, 2020, Council unanimously adopted Resolutions 2020 -114 and 2020-115, initiating a series of annexations of property owned by Springer-Fisher Inc., which accepted the annexation petitions and determined that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District, and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020, meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C -G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N) zone districts, and that portions of the property be included in the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Map (PDF) 3. Petition (PDF) 4. Sequence Map 1 (PDF) 5. Sequence Map 2 (PDF) 6. Existing Zoning Map (PDF) 7. Structure Plan Map (PDF) 8. East Mulberry Corridor Plan Map (PDF) 9. Zoning Concept Plan (PDF) 10. Annexation Impact Report (PDF) 11 Packet Pg. 149 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE ATTACHMENT 1 11.1 Packet Pg. 150 Attachment: Vicinity Map (9874 : Springer-Fisher Annexation No. 1) --------------H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Annex1-plat.dwg - Armando Nunez - 11/13/2020Init.# Issue / DescriptionDate------Date:Drawn By:Project No:Checked By:8/25/2020SCALE: 1"=100'0 50 10020SPRINGER FISHERANNEXATION 1PART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1TO THE CITY OF FORT COLLINS, COLORADOFAKANHFH000008.10ATTACHMENT 211.2Packet Pg. 151Attachment: Annexation Map (9874 : Springer-Fisher Annexation No. 1) --------------H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Annex2-plat.dwg - Armando Nunez - 11/13/2020Init.# Issue / DescriptionDate------Date:Drawn By:Project No:Checked By:8/25/2020SPRINGER FISHER ANNEXATION 2TO THE CITY OF FORT COLLINS, COLORADOPART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSPRINGER FISHERANNEXATION 2PART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1SCALE: 1"=100'05010020FAKANHFH000008.1011.2Packet Pg. 152Attachment: Annexation Map (9874 : Springer-Fisher Annexation No. 1) ATTACHMENT 3 11.3 Packet Pg. 153 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) 11.3 Packet Pg. 154 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) 11.3 Packet Pg. 155 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) 11.3 Packet Pg. 156 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) 11.3 Packet Pg. 157 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) 11.3 Packet Pg. 158 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) 11.3 Packet Pg. 159 Attachment: Petition (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Area No. 1 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 ATTACHMENT 4 11.4 Packet Pg. 160 Attachment: Sequence Map 1 (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Area No. 2 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 5 11.5 Packet Pg. 161 Attachment: Sequence Map 2 (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 6 11.6 Packet Pg. 162 Attachment: Existing Zoning Map (9874 : Springer-Fisher Annexation No. 1) SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYCON Q U E S T S T S S U M M I T VI E W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR AL A N S T P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P KW Y FRONTAGE RD N WEICKER DR C O U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY STE MULBERRY ST FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 7 11.7 Packet Pg. 163 Attachment: Structure Plan Map (9874 : Springer-Fisher Annexation No. 1) Annexation Area 1 Annexation Area 2 Springer-Fisher Annexation East Mulberry Corridor Plan Map ATTACHMENT 8 11.8 Packet Pg. 164 Attachment: East Mulberry Corridor Plan Map (9874 : Springer-Fisher Annexation No. 1) HARTFORD MULBERRY ANNEXATION CONCEPT BUBBLE PLAN 10/21/20 CGCG GENERAL COMMERCIALGENERAL COMMERCIAL 11.7 AC11.7 AC EE EMPLOYMENTEMPLOYMENT 10.0 AC10.0 AC NCNC NEIGHBORHOODNEIGHBORHOOD COMMERCIALCOMMERCIAL 10.0 AC10.0 AC CGCG 5.9 AC5.9 AC MMNMMN MEDIUM DENSITY MIXEDUSEMEDIUM DENSITY MIXEDUSE NEIGHBORHOOD DISTRICTNEIGHBORHOOD DISTRICT 30.1 AC30.1 AC LMNLMN LOW DENSITY LOW DENSITY MIXEDUSEMIXEDUSE NEIGHBORHOOD NEIGHBORHOOD DISTRICTDISTRICT 10.1 AC10.1 AC NORTH SCALE 0 50 100 200GREENFIELD CT.GREENFIELD CT.E MULBERRY ST.E MULBERRY ST. ATTACHMENT 9 11.9 Packet Pg. 165 Attachment: Zoning Concept Plan (9874 : Springer-Fisher Annexation No. 1) 1 ANNEXATION IMPACT REPORT NAME OF ANNEXATION: Springer-Fisher Annexation and Zoning DATE OF REVIEW BY THE FORT COLLINS CITY COUNCIL: January 19, 2020 (1st reading) The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which indicates a municipality shall prepare an annexation impact report and file a copy of the report with the Board of County Commissioners governing the area proposed to the annexed. Attached to this report are the following: (a) A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The proposed boundaries of the City of Fort Collins are depicted by the Urban Growth Area Boundary as agreed to by the Larimer County Board of Commissioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA (See Exhibit A). (b) A map showing present streets, major water trunk lines, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets in the vicinity of the above referenced annexation. (See, Fort Collins Urban Growth Area Master Street Plan for present and proposed extension of streets; Water Master Plan 1986 for present and proposed extension of water utility lines; Sewer Master Plan 1986 for present and proposed extension of sewer utility lines; and, Exhibit B for other utility lines and ditches). This is a voluntary annexation and zoning of an area approximately 76.8 acres located within the Growth Management Area. The property is located at the northwest corner of East Mulberry Street and Greenfields Court. The minimum one sixth contiguity with the existing municipal boundary is gained along the northern boundary. The proposed zoning is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N)Zone Districts which is in conformance with East Mulberry Corridor Plan and the City Structure Plan. The annexation meets CRS 31-12-104 in that not less than one-sixth of the perimeter of the area to be annexed is Planning, Development and Transportation Current Planning 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview ATTACHMENT 10 11.10 Packet Pg. 166 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) 2 contiguous with the City of Fort Collins. The property is owned by Hartford Acquisitions, LLC. The following districts presently provide service with the above referenced annexation: SCHOOL DISTRICTS Poudre School District FIRE DISTRICT Poudre Fire Authority HOSPITAL DISTRICT Poudre Valley Hospital District PEST CONTROL DISTRICT Larimer County Pest Control SANITATION DISTRICT Boxelder Sanitation District WATER DISTRICT East Larimer County Water District CONSERVANCY DISTRICT Northern Colorado Water Conservancy District NATURAL GAS Xcel Energy ELECTRIC POWER Poudre Valley REA The City Clerk must notify, via certified mail, those districts providing service in the area to be annexed (as per above list), no later than 25 days before the Public Hearing on the annexation. 11.10 Packet Pg. 167 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M MIT VIE W D R DA R R E NS T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C EY PK W Y CONQUEST ST S S U M MIT VIE W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTALAN ST P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR C OU N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCANAL DR Springer-Fisher Annexation Area No. 1 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 11.10 Packet Pg. 168 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M MIT VIE W D R DA R R E NS T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C EY PK W Y CONQUEST ST S S U M MIT VIE W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTALAN ST P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR C OU N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCANAL DR Springer-Fisher Annexation Area No. 2 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 11.10 Packet Pg. 169 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M MIT VIE W D R DA R R E NS T VERDE AVEE LOCUST STSKYRAIDER WAYCONQUEST ST S S U M M IT VIE W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR ALAN ST P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P K WY FRONTAGE RD N WEICKER DR C O U N T R Y SID E D R FRONTAGE RD S RIVERBEND DRS Y K E S D R E MULBERRY STE MUL BE R RY S T FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCANAL DR Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 11.10 Packet Pg. 170 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R DA R R EN S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE 11.10 Packet Pg. 171 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R DA R R EN S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 11.10 Packet Pg. 172 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) LakeCanal # # HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m mit Vie w Dr E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Spring - Fisher AnnexationMaster Street Plan Printed: December 15, 2020 © Master Street Plan Points TYPE2 #Potential Roundabout Master Street Plan Lines DESCRIPTION Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes Major Arterial 6 Lanes Interstate Growth Management Area Boundary City Limits Spring - FisherAnnexation Area 11.10 Packet Pg. 173 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) LakeCanal T u r t l ePon d W i p e r P o n d T r o u tPo n d Cache la Poudre Reser v o i r I n l e t HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r EL in c o l n A v e !"`$ ROSELAWNCEMETERY Dry Creek Dr y Creek Boxelder Creek Lak e C a n al Lak e C a n a l Lake Canal WiperPondCach el aPoudre RiverWXYZÕ Springer - Fisher Annexation Printed: December 15, 2020 © Ditches, Canals & Waterways WaterBodies Growth Management Area Boundary City Limits Spring - Fisher Annexation Area Ditches, Canals and Waterways 11.10 Packet Pg. 174 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) LakeCanal COOPERSLOUGH/BOXELDERBASIN DRY CREEKBASIN CACHE LAPOUDREBASIN HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m mit Vie w Dr E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Spring - Fisher AnnexationStormwater Basins Printed: December 15, 2020 © Growth Management Area Boundary City Limits CACHE LA POUDRE BASIN COOPER SLOUGH/BOXELDER BASIN DRY CREEK BASIN Spring - FisherAnnexation Area 11.10 Packet Pg. 175 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) LakeCanal HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Spring - Fisher AnnexationElectric Service Area Printed: December 16, 2020 © Growth Management Area Boundary City Limits Electric Service Area Spring - FisherAnnexation Area Xcel Service Area Poudre Valle REA Service Area 11.10 Packet Pg. 176 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) LakeCanal HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Springer - Fisher Annexation Printed: December 15, 2020 © Growth Management Area Boundary City Limits Boxelder Sanitation District City of Fort Collins Sewer District Spring - Fisher Annexation Area Sewer District Service Area 11.10 Packet Pg. 177 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Springer - Fisher Annexation Printed: December 15, 2020 © ELCO Water District Growth Management Area Boundary City Limits Spring - Fisher Annexation Area Sewer District Service Area 11.10 Packet Pg. 178 Attachment: Annexation Impact Report (9874 : Springer-Fisher Annexation No. 1) -1- RESOLUTION 2021-008 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SPRINGER-FISHER ANNEXATION NO. 1 WHEREAS, pursuant to Resolution 2020-114, annexation proceedings were initiated by the City Council for property to be known as the Springer-Fisher Annexation No. 1 (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on January 19, 2021. 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 Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed into the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 179 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of January, A.D. 2021. __________________________________________ Mayor ATTEST: ___________________________ City Clerk Packet Pg. 180 -1- ORDINANCE NO. 019, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SPRINGER-FISHER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on December 15, 2020, City Council adopted Resolution 2020-114 finding substantial compliance and initiating annexation proceedings for the Springer-Fisher Annexation No. 1, as defined therein and described below; and WHEREAS, Resolution 2021-114 setting forth findings of fact and determinations regarding the Springer-Fisher Annexation No. 1 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Springer-Fisher Annexation No. 1 as described below (the “Property”) to the City. 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 incorporates the findings of Resolution 2020-114 and Resolution 2021-007 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE NORTH 00°13'30" EAST FOR 37.00 FEET ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT AT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF BEGINNING; THENCE N89°12'17"W, A DISTANCE OF 640.46 FEET ON SAID NORTH RIGHT OF WAY LINE TO THE EAST LINE OF THAT PARCEL RECOR DED AT BOOK Packet Pg. 181 -2- 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID EAST LINE FOR THE FOLLOWING 6 COURSES; 1. THENCE N13°44'09"W, A DISTANCE OF 211.80 FEET; 2. THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET; 3. THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET; 4. THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET; 5. THENCE N43°21'09"W, A DISTANCE OF 362.79 FEET; 6. THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON SAID WEST LINE TO THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; THENCE N00°17'04"E, A DISTANCE OF 1323.84 FEET ON THE WEST LINE OF NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST QUARTER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995, 2016”; THENCE S88°56'09"E, A DISTANCE OF 1323.29 FEET ON THE NORTH LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER-WEST 1/16TH CORNER THEREOF MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE S00°13'30"W, A DISTANCE OF 2604.35 FEET ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE POINT OF BEGINNING. PARCEL CONTAINS 3,107,842 SQUARE FEET OR 71.346 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Springer-Fisher Annexation No. 1, which annexation shall become effective upon completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113, including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Packet Pg. 182 -3- Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 183 Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 020, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer -Fisher Annexation No. 1, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. 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 apply zoning to the property included in the first of two sequential annexations . Springer-Fisher Annexation No. 1 is located northwest of the East Mulberry Street and Greenfields Court intersection. The proposed zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). The surrounding properties are existing commercial and industrial land uses currently zoned in Larimer County as C-Commercial and I-Industrial zoning districts to the east, south and west. The abutting City limit to the north is zoned Low Density Mixed -Use Neighborhood (L-M-N). Staff also recommends placement of the portions of the Springer-Fisher Annexation No. 1 that are zoned L-M-N and M-M-N into the Residential Neighborhood Sign District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The requested zoning for this annexation conforms to the larger surrounding area of exi sting industrial and commercial businesses and single-family residential homes. The surrounding land uses, and zoning are as follows: North: Vacant, and Low Density Mixed-Use Neighborhood (L-M-N) South: Existing commercial in County East: Vacant, and existing commercial in County West: Existing commercial and industrial in County The requested zoning for this annexation is General Commercial (C -G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). The requested zoning is based on the future land use policy direction in the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. 12 Packet Pg. 184 Agenda Item 12 Item # 12 Page 2 City of Fort Collins Structure Plan Mixed Neighborhoods Principal Land Use: Single-family detached homes, duplexes, triplexes, and townhomes. Supporting Land Use: ADUs, small scale multifamily buildings, small-scale retail, restaurants/cafes, community and public facilities, parks and recreational facilities, schools, plac es of worship. Density between five and 20 principal dwelling units per acre (typically equates to an average of seven to 12 dwelling units per acre). Opportunity to provide alternatives to the more typical single -family detached homes or apartments available in Fort Collins, such as duplexes, townhomes and ADUs. Higher densities are more likely to support higher - frequency transit service and additional neighborhood services in adjoining districts. Specific opportunities should be explored as part of future subarea and neighborhood planning. Where greenfield opportunities remain, new Mixed-Neighborhoods should be required to provide a mix of housing options. Suburban Mixed-Use Principal Land Use: Retail, restaurants, office, and other commercial services. Supporting Land Use: High- density residential, entertainment, childcare centers, and other supporting uses. Densities and building heights will vary; building heights will generally be between one and five-stories but may be higher in some locations. Mixed-use districts provide opportunities for a range of retail and commercial services, office and employment, multifamily residential, civic, and other complementary uses in a compact, pedestrian and transit -supportive setting. Suburban Mixed-Use Districts help meet the needs of surrounding neighborhoods and populations beyond. Although largely auto-oriented today, the integration of higher-density residential and a broader mix of retail/ restaurants, office and entertainment uses is encouraged to help reinv igorate underutilized centers, expand housing options where transit exists or is planned, and improve access to services and amenities in both existing and new districts. The Structure Plan map shows approximately 75% of the area within the Springer -Fisher property as Mixed- Neighborhoods, and 25% Suburban Mixed-Use designations (Attachment 3). The proposed zoning includes approximately 50% Mixed-Use Neighborhoods with the Low Density Mixed-Use Neighborhoods, and Medium Density Mixed-Use Neighborhoods zone areas. There is a potential for an additional 25% residential uses as part of secondary uses within the Employment and Neighborhood Commercial zones. The Springer -Fisher property includes a combination of General Commercial, Neighborhood Commercial and Emp loyment zoning within the lower half of the site. The proposed non-residential zoning is consistent with the Structure Plan designation of Suburban Mixed-Use designation. The Structure Plan future land use designations represent general citywide policy gu idance. The Land Use Code does not include zoning to reflect these new designations in City Plan, until an update is completed. The East Mulberry Corridor Plan (EMCP) reflects more detailed and specific land use policy guidance than City Plan. The proposed Springer-Fisher zoning is based on the future land use designations in the EMCP Framework Plan map. East Mulberry Corridor Plan Future residential neighborhoods will be integrated with existing residential subdivisions, and be within proximity to shopping, recreation, and employment destinations. A neighborhood commercial center will be located at Greenfields Court and north of East Mulberry Street to provide neighborhood -oriented services within proximity to the existing and future residents. The Emp loyment District’s primary uses will include offices and institutions, light industrial uses, and research and development activities. Secondary uses, such as hotels, restaurants, convenience shopping, and housing, will complement or support the primary em ployment workplace uses. The East Mulberry Corridor Plan (EMCP) includes five future land use designations within the Springer-Fisher 12 Packet Pg. 185 Agenda Item 12 Item # 12 Page 3 property, including General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N). These designations reflect the policy direction of the plan for a commercial mixed-use district and supporting higher- density mixed-use neighborhoods within walking distance to the commercial hub located northwest of the East Mulberry and Greenfields Court intersection. The proposed Springer-Fisher property residential zoning for the L-M-N and M-M-N areas is consistent with the EMCP designation areas both at approximately 40 acres. Of this amount, the proposed zoning includes a greater percentage of M-M-N (30 acres) than L-M-N (10 acres), to more closely match the M-M-N zoning east of Greenfields Court and provide a larger mix of higher density residential adjacent to the Neighborhood Commercial zone to the south. The Springer-Fisher proposed zoning includes a total of approximately 37 acres of non-residential zoning areas, consistent with the EMCP. Zoning Types EMCP (Acres) Proposed Zoning (Acres) +/-Difference LMN 26.6 10.1 -16.5 MMN 14.5 30.1 15.6 NC 10.0 10.0 0.0 E 19.6 10.0 -9.6 CG 7.1 17.6 10.5 Total: 77.8 77.8 Staff recommends Council find that the proposed Springer-Fisher zoning is consistent with the City Structure Plan and East Mulberry Corridor Plan future land use policy direction. Sign District Staff recommends that the portions of the Springer -Fisher Annexation No. 1 located in the M-M-N and L-M-N zone districts be placed within the Residential Neighborhood Sign District which imposes a greater degree of regulation on signage in areas of the community where the predominant character of the neighborhood is residential. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020 meeting, the Planning and Zoning Board voted 7 -0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C -G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N) zone districts, and the portions of the property located in the M-M-N and L-M-N zone districts be placed within the Residential Neighborhood Sign District. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation and zoning. 12 Packet Pg. 186 Agenda Item 12 Item # 12 Page 4 ATTACHMENTS 1. Vicinity Map (PDF) 2. Existing Zoning Map (PDF) 3. Structure Plan Map (PDF) 4. East Mulberry Corridor Plan Map (PDF) 5. Zoning Concept Plan (PDF) 6. Proposed Zoning Map (PDF) 12 Packet Pg. 187 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE ATTACHMENT 1 12.1 Packet Pg. 188 Attachment: Vicinity Map (9877 : Springer-Fisher Annexation No. 1 ZONE) FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 2 12.2 Packet Pg. 189 Attachment: Existing Zoning Map (9877 : Springer-Fisher Annexation No. 1 ZONE) SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYCON Q U E S T S T S S U M M I T VI E W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR AL A N S T P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P KW Y FRONTAGE RD N WEICKER DR C O U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY STE MULBERRY ST FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 3 12.3 Packet Pg. 190 Attachment: Structure Plan Map (9877 : Springer-Fisher Annexation No. 1 ZONE) Annexation Area 1 Annexation Area 2 Springer-Fisher Annexation East Mulberry Corridor Plan Map ATTACHMENT 4 12.4 Packet Pg. 191 Attachment: East Mulberry Corridor Plan Map (9877 : Springer-Fisher Annexation No. 1 ZONE) HARTFORD MULBERRY ANNEXATION CONCEPT BUBBLE PLAN 10/21/20 CGCG GENERAL COMMERCIALGENERAL COMMERCIAL 11.7 AC11.7 AC EE EMPLOYMENTEMPLOYMENT 10.0 AC10.0 AC NCNC NEIGHBORHOODNEIGHBORHOOD COMMERCIALCOMMERCIAL 10.0 AC10.0 AC CGCG 5.9 AC5.9 AC MMNMMN MEDIUM DENSITY MIXEDUSEMEDIUM DENSITY MIXEDUSE NEIGHBORHOOD DISTRICTNEIGHBORHOOD DISTRICT 30.1 AC30.1 AC LMNLMN LOW DENSITY LOW DENSITY MIXEDUSEMIXEDUSE NEIGHBORHOOD NEIGHBORHOOD DISTRICTDISTRICT 10.1 AC10.1 AC NORTH SCALE 0 50 100 200GREENFIELD CT.GREENFIELD CT.E MULBERRY ST.E MULBERRY ST. ATTACHMENT 5 12.5 Packet Pg. 192 Attachment: Zoning Concept Plan (9877 : Springer-Fisher Annexation No. 1 ZONE) --------------H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Zoning1-plat.dwg - Armando Nunez - 12/1/2020Init.# Issue / DescriptionDate------THESE PLANS ARE AN INSTRUMENT OF SERVICEAND ARE THE PROPERTY OF GALLOWAY, AND MAYNOT BE DUPLICATED, DISCLOSED, OR REPRODUCEDWITHOUT THE WRITTEN CONSENT OF GALLOWAY.COPYRIGHTS AND INFRINGEMENTS WILL BEENFORCED AND PROSECUTED.COPYRIGHTDate:Drawn By:Project No:Checked By:8/26/2020SCALE: 1"=100'05010020SPRINGER FISHERZONING MAPPART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1TO THE CITY OF FORT COLLINS, COLORADOFAKANHFH000008.10ATTACHMENT 612.6Packet Pg. 193Attachment: Proposed Zoning Map (9877 : Springer-Fisher Annexation No. 1 ZONE) -1- ORDINANCE NO. 020, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRINGER-FISHER ANNEXATION NO. 1, AND APPROVING CORRESPONDING CHANGES TO THE RESIDENTIAL NEIGHBORHOOD SIGN DISTRICT MAP WHEREAS, on February 2, 2021, the City Council adopted on second reading Ordinance No. 019, 2021, annexing to the City of Fort Collins the property known as the Springer-Fisher Annexation No. 1 (the “Property”); and WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 17, 2020, unanimously recommended zoning the Property as Low Density Mixed-Use Neighborhood (“L-M-N”), Medium Density Mixed-Use Neighborhood (“M-M-N”); Neighborhood Commercial (“N-C”), General Commercial (“G-C”), and Employment (“E”) as more particularly described below and determined that the proposed zonings are consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zonings of the Property are consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zonings against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zonings to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zonings of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. 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 Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the as Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District as more particularly described as: Packet Pg. 194 -2- BEING THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995, 2016”; THENCE S88°56'09"E, A DISTANCE OF 661.64 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 9 TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE S00°15'17"W, A DISTANCE OF 661.13 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N89°00'18"W, A DISTANCE OF 661.97 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE N00°17'04"E, A DISTANCE OF 661.92 FEET ON SAID WEST LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 437,764 SQUARE FEET OR 10.050 ACRES. Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District as more particularly described as: PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER-WEST 1/16TH CORNER OF SAID SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE S00°13'30"W, A DISTANCE OF 1320.67 FEET ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER 1/16TH CORNER OF SAID SOUTHWEST QUARTER; THENCE N89°04'26"W, A DISTANCE OF 1324.62 FEET TO THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; Packet Pg. 195 -3- THENCE N00°17'04"E, A DISTANCE OF 661.92 FEET ON THE WEST LINE OF NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE S89°00'18"E, A DISTANCE OF 661.97 FEET ON THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER TO THE SOUTHEAST CORNER THEREOF; THENCE N00°15'17"E, A DISTANCE OF 661.13 FEET ON THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTHEAST CORNER THEREOF; THENCE S88°56'09"E, A DISTANCE OF 661.64 FEET ON THE NORTH LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING. PARCEL CONTAINS 1,312,692 SQUARE FEET OR 30.135 ACRES Section 4. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Neighborhood Commercial (“N-C”) Zone District as more particularly described as: PART THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER 1/16TH CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE S00°13'30"W, A DISTANCE OF 660.34 FEET ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N90°00'00"W, A DISTANCE OF 655.01 FEET; THENCE N00°13'30"E, A DISTANCE OF 670.93 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE S89°04'26"E, A DISTANCE OF 655.05 FEET ON THE SAID NORTH LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 435,989 SQUARE FEET OR 10.009 ACRES. Packet Pg. 196 -4- Section 5. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the General Commercial (“G-C”) Zone District as more particularly described as: PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”; THENCE N89°12'17"W, A DISTANCE OF 631.24 FEET ON THE SOUTH LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID EAST LINE FOR THE FOLLOWING 5 COURSES; 1. THENCE N13°44'09"W, A DISTANCE OF 250.02 FEET; 2. THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET; 3. THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET; 4. THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET; 5. THENCE N43°21'09"W, A DISTANCE OF 30.72 FEET; THENCE N52°01'10"E, A DISTANCE OF 141.59 FEET; THENCE N90°00'00"E, A DISTANCE OF 897.55 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 ; THENCE S00°13'30"W, A DISTANCE OF 660.34 FEET ON SAID EAST LINE OF TO THE POINT OF BEGINNING. PARCEL CONTAINS 510,381 SQUARE FEET OR 11.717 ACRES. Section 6. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the following portion of the Property in the Employment (“E”) Zone District as more particularly described as: PART THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: Packet Pg. 197 -5- BEGINNING AT THE SOUTH 1/16TH CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 7839, 2000”; THENCE S89°04'26"E, A DISTANCE OF 669.57 FEET ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE S00°13'30"W, A DISTANCE OF 670.93 FEET; THENCE N90°00'00"W, A DISTANCE OF 242.55 FEET; THENCE S52°01'10"W, A DISTANCE OF 141.59 FEET TO THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID EAST LINE FOR THE FOLLOWING 2 COURSES; 1. THENCE N43°21'09"W, A DISTANCE OF 332.07 FEET; 2. THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON THE SAID WEST LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 434,543 SQUARE FEET OR 9.976 ACRES Section 7. That the Residential Neighborhood Sign District Map adopted pursuant to Section 3.8.7.1(M) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the portions of the Property to be zoned Low Density Mixed-Use Neighborhood (“L-M-N”) and Medium Density Mixed-Use Neighborhood (“M-M-N”) described herein are included in the Residential Neighborhood Sign District. Section 8. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 198 -6- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 199 Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Springer-Fisher Annexation No. 2. EXECUTIVE SUMMARY A. Resolution 2021-009 Setting Forth Findings of Fact and Determinations Regarding the Springer- Fisher Annexation. No. 2. B. Public Hearing and First Reading of Ordinance No. 021, 2021, Annexing the Property Known as the Springer-Fisher Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of two sequential tracts of land collectively known as the Springer-Fisher Annexations. Springer-Fisher Annexation No. 2 consists of 5.46 acres, establishes the required 1/6 contiguity with the Springer-Fisher Annexation No. 1, and is located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION History The Applicant has submitted a written petition requesting two sequential annexations, Springer -Fisher Annexation No. 1 and Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2. is the second of this series of two sequential annexations, totals 5.46 acres, establishes the required 1/6 perimeter boundary contiguity with the Springer -Fisher Annexation No.1, and is located northwest of the East Mulberry Street and Greenfields Court intersection. The annexation would incorporate the property into Fort Collins’ municipal boundaries. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. 13 Packet Pg. 200 Agenda Item 13 Item # 13 Page 2 Contiguity The land within Annexation No. 2 consists of 5.46 acres with 626.67 feet of the total perimeter of 2129.43 feet (29%) being contiguous with the Springer-Fisher Annexation No. 1. This contiguity satisfies the requirements that one-sixth (1/6) (16%) of the perimeter boundary be contiguous with existing City limits. Enclave Implications Annexing this 5.46-acre tract does not create (nor does it contribute to creating) an enclave. Previous Council Actions On December 15, 2020, Council initiated the Springer-Fisher Annexation No. 1 and No. 2 by unanimously adopting Resolutions 2020-114 and 2020-115, finding that the petitions followed all applicable state laws and notification requirements. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020, meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020, for the proposed annexation. ATTACHMENTS 1. Vicinity Map (PDF) 2. Annexation Map (PDF) 3. Petition (PDF) 4. Sequence Map 1 (PDF) 5. Sequence Map 2 (PDF) 6. Existing Zoning Map (PDF) 7. Structure Plan Map (PDF) 8. East Mulberry Corridor Plan Map (PDF) 9. Zoning Concept Plan (PDF) 10. Annexation Impact Report (PDF) 13 Packet Pg. 201 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE ATTACHMENT 1 13.1 Packet Pg. 202 Attachment: Vicinity Map (9875 : Springer-Fisher Annexation No. 2) --------------H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Annex1-plat.dwg - Armando Nunez - 11/13/2020Init.# Issue / DescriptionDate------Date:Drawn By:Project No:Checked By:8/25/2020SCALE: 1"=100'0 50 10020SPRINGER FISHERANNEXATION 1PART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1TO THE CITY OF FORT COLLINS, COLORADOFAKANHFH000008.10ATTACHMENT 213.2Packet Pg. 203Attachment: Annexation Map (9875 : Springer-Fisher Annexation No. 2) --------------H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Annex2-plat.dwg - Armando Nunez - 11/13/2020Init.# Issue / DescriptionDate------Date:Drawn By:Project No:Checked By:8/25/2020SPRINGER FISHER ANNEXATION 2TO THE CITY OF FORT COLLINS, COLORADOPART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSPRINGER FISHERANNEXATION 2PART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1SCALE: 1"=100'05010020FAKANHFH000008.1013.2Packet Pg. 204Attachment: Annexation Map (9875 : Springer-Fisher Annexation No. 2) ATTACHMENT 3 13.3 Packet Pg. 205 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) 13.3 Packet Pg. 206 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) 13.3 Packet Pg. 207 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) 13.3 Packet Pg. 208 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) 13.3 Packet Pg. 209 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) 13.3 Packet Pg. 210 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) 13.3 Packet Pg. 211 Attachment: Petition (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Area No. 1 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 ATTACHMENT 4 13.4 Packet Pg. 212 Attachment: Sequence Map 1 (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Area No. 2 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 5 13.5 Packet Pg. 213 Attachment: Sequence Map 2 (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 6 13.6 Packet Pg. 214 Attachment: Existing Zoning Map (9875 : Springer-Fisher Annexation No. 2) SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYCON Q U E S T S T S S U M M I T VI E W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR AL A N S T P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P KW Y FRONTAGE RD N WEICKER DR C O U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY STE MULBERRY ST FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 7 13.7 Packet Pg. 215 Attachment: Structure Plan Map (9875 : Springer-Fisher Annexation No. 2) Annexation Area 1 Annexation Area 2 Springer-Fisher Annexation East Mulberry Corridor Plan Map ATTACHMENT 8 13.8 Packet Pg. 216 Attachment: East Mulberry Corridor Plan Map (9875 : Springer-Fisher Annexation No. 2) HARTFORD MULBERRY ANNEXATION CONCEPT BUBBLE PLAN 10/21/20 CGCG GENERAL COMMERCIALGENERAL COMMERCIAL 11.7 AC11.7 AC EE EMPLOYMENTEMPLOYMENT 10.0 AC10.0 AC NCNC NEIGHBORHOODNEIGHBORHOOD COMMERCIALCOMMERCIAL 10.0 AC10.0 AC CGCG 5.9 AC5.9 AC MMNMMN MEDIUM DENSITY MIXEDUSEMEDIUM DENSITY MIXEDUSE NEIGHBORHOOD DISTRICTNEIGHBORHOOD DISTRICT 30.1 AC30.1 AC LMNLMN LOW DENSITY LOW DENSITY MIXEDUSEMIXEDUSE NEIGHBORHOOD NEIGHBORHOOD DISTRICTDISTRICT 10.1 AC10.1 AC NORTH SCALE 0 50 100 200GREENFIELD CT.GREENFIELD CT.E MULBERRY ST.E MULBERRY ST. ATTACHMENT 9 13.9 Packet Pg. 217 Attachment: Zoning Concept Plan (9875 : Springer-Fisher Annexation No. 2) 1 ANNEXATION IMPACT REPORT NAME OF ANNEXATION: Springer-Fisher Annexation and Zoning DATE OF REVIEW BY THE FORT COLLINS CITY COUNCIL: January 19, 2020 (1st reading) The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which indicates a municipality shall prepare an annexation impact report and file a copy of the report with the Board of County Commissioners governing the area proposed to the annexed. Attached to this report are the following: (a) A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The proposed boundaries of the City of Fort Collins are depicted by the Urban Growth Area Boundary as agreed to by the Larimer County Board of Commissioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA (See Exhibit A). (b) A map showing present streets, major water trunk lines, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets in the vicinity of the above referenced annexation. (See, Fort Collins Urban Growth Area Master Street Plan for present and proposed extension of streets; Water Master Plan 1986 for present and proposed extension of water utility lines; Sewer Master Plan 1986 for present and proposed extension of sewer utility lines; and, Exhibit B for other utility lines and ditches). This is a voluntary annexation and zoning of an area approximately 76.8 acres located within the Growth Management Area. The property is located at the northwest corner of East Mulberry Street and Greenfields Court. The minimum one sixth contiguity with the existing municipal boundary is gained along the northern boundary. The proposed zoning is General Commercial (C-G), Neighborhood Commercial (N-C), Employment (E), Low Density Mixed-Use Neighborhood (L-M-N), and Medium Density Mixed-Use Neighborhood (M-M-N)Zone Districts which is in conformance with East Mulberry Corridor Plan and the City Structure Plan. The annexation meets CRS 31-12-104 in that not less than one-sixth of the perimeter of the area to be annexed is Planning, Development and Transportation Current Planning 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview ATTACHMENT 10 13.10 Packet Pg. 218 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) 2 contiguous with the City of Fort Collins. The property is owned by Hartford Acquisitions, LLC. The following districts presently provide service with the above referenced annexation: SCHOOL DISTRICTS Poudre School District FIRE DISTRICT Poudre Fire Authority HOSPITAL DISTRICT Poudre Valley Hospital District PEST CONTROL DISTRICT Larimer County Pest Control SANITATION DISTRICT Boxelder Sanitation District WATER DISTRICT East Larimer County Water District CONSERVANCY DISTRICT Northern Colorado Water Conservancy District NATURAL GAS Xcel Energy ELECTRIC POWER Poudre Valley REA The City Clerk must notify, via certified mail, those districts providing service in the area to be annexed (as per above list), no later than 25 days before the Public Hearing on the annexation. 13.10 Packet Pg. 219 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M MIT VIE W D R DA R R E NS T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C EY PK W Y CONQUEST ST S S U M MIT VIE W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTALAN ST P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR C OU N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCANAL DR Springer-Fisher Annexation Area No. 1 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 13.10 Packet Pg. 220 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M MIT VIE W D R DA R R E NS T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C EY PK W Y CONQUEST ST S S U M MIT VIE W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTALAN ST P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR C OU N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCANAL DR Springer-Fisher Annexation Area No. 2 Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 13.10 Packet Pg. 221 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M MIT VIE W D R DA R R E NS T VERDE AVEE LOCUST STSKYRAIDER WAYCONQUEST ST S S U M M IT VIE W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR ALAN ST P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P K WY FRONTAGE RD N WEICKER DR C O U N T R Y SID E D R FRONTAGE RD S RIVERBEND DRS Y K E S D R E MULBERRY STE MUL BE R RY S T FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCANAL DR Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 13.10 Packet Pg. 222 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R DA R R EN S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE 13.10 Packet Pg. 223 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R DA R R EN S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 13.10 Packet Pg. 224 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) LakeCanal # # HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m mit Vie w Dr E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Spring - Fisher AnnexationMaster Street Plan Printed: December 15, 2020 © Master Street Plan Points TYPE2 #Potential Roundabout Master Street Plan Lines DESCRIPTION Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes Major Arterial 6 Lanes Interstate Growth Management Area Boundary City Limits Spring - FisherAnnexation Area 13.10 Packet Pg. 225 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) LakeCanal T u r t l ePon d W i p e r P o n d T r o u tPo n d Cache la Poudre Reser v o i r I n l e t HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r EL in c o l n A v e !"`$ ROSELAWNCEMETERY Dry Creek Dr y Creek Boxelder Creek Lak e C a n al Lak e C a n a l Lake Canal WiperPondCach el aPoudre RiverWXYZÕ Springer - Fisher Annexation Printed: December 15, 2020 © Ditches, Canals & Waterways WaterBodies Growth Management Area Boundary City Limits Spring - Fisher Annexation Area Ditches, Canals and Waterways 13.10 Packet Pg. 226 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) LakeCanal COOPERSLOUGH/BOXELDERBASIN DRY CREEKBASIN CACHE LAPOUDREBASIN HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m mit Vie w Dr E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Spring - Fisher AnnexationStormwater Basins Printed: December 15, 2020 © Growth Management Area Boundary City Limits CACHE LA POUDRE BASIN COOPER SLOUGH/BOXELDER BASIN DRY CREEK BASIN Spring - FisherAnnexation Area 13.10 Packet Pg. 227 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) LakeCanal HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Spring - Fisher AnnexationElectric Service Area Printed: December 16, 2020 © Growth Management Area Boundary City Limits Electric Service Area Spring - FisherAnnexation Area Xcel Service Area Poudre Valle REA Service Area 13.10 Packet Pg. 228 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) LakeCanal HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Springer - Fisher Annexation Printed: December 15, 2020 © Growth Management Area Boundary City Limits Boxelder Sanitation District City of Fort Collins Sewer District Spring - Fisher Annexation Area Sewer District Service Area 13.10 Packet Pg. 229 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) HERITAGECHRISTIANACADEMY STimberlineRdN Timberline RdE Mulberry St S S u m m i t V i e w D r E L in c o ln A v e !"`$ ROSELAWNCEMETERY WXYZÕ Springer - Fisher Annexation Printed: December 15, 2020 © ELCO Water District Growth Management Area Boundary City Limits Spring - Fisher Annexation Area Sewer District Service Area 13.10 Packet Pg. 230 Attachment: Annexation Impact Report (9875 : Springer-Fisher Annexation No. 2) -1- RESOLUTION 2021-009 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SPRINGER-FISHER ANNEXATION NO. 2 WHEREAS, pursuant to Resolution 2020-115, annexation proceedings were initiated by the City Council for property to be known as the Springer-Fisher Annexation No. 2 (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on January 19, 2021. 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 Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the Property proposed to be annexed; that a community of interest exists between the Property proposed to be annexed into the City; that said Property is urban or will be urbanized in the near future; and that the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. Packet Pg. 231 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of January, A.D. 2021. _________________________________ Mayor ATTEST: ___________________________ City Clerk Packet Pg. 232 -1- ORDINANCE NO. 021, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE SPRINGER-FISHER ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, on December 15, 2020 City Council adopted Resolution 2020-115 finding substantial compliance and initiating annexation proceedings for the Springer-Fisher Annexation No. 2, as defined therein and described below; and WHEREAS, Resolution 2021-008 setting forth findings of fact and determinations regarding the Springer-Fisher Annexation No. 2 was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Springer-Fisher Annexation No. 2 as described below (the “Property”) to the City. 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 incorporates the findings of Resolution 2020-115 and Resolution 2021-008 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”; THENCE N00°17'21"E, A DISTANCE OF 37.00 FEET ON THE WEST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE COLORADO STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF BEGINNING; Packet Pg. 233 -2- THENCE N00°17'21"E, A DISTANCE OF 728.91 FEET ON THE WEST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON THE SOUTHWEST LINE OF THE AFORE REFERENCED BOOK 2300, PAGE 1701 FOR THE FOLLOWING 4 COURSES; 1. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET; 2. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET; 3. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET; 4. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE S00°40'52"W, A DISTANCE OF 317.61 FEET ON SAID WEST LINE TO THE NORTH RIGHT OF WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 14; THENCE N89°12'17"W, A DISTANCE OF 459.01 FEET ON SAID NORTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 237,828 SQUARE FEET OR 5.460 ACRES is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Springer-Fisher Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”) Section 31-12-113, including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Packet Pg. 234 -3- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 235 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Public Hearing and First Reading of Ordinance No. 022, 2021, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Springer -Fisher Annexation No. 2. 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 apply zoning to the property included in the second of two sequential annexations, Springer-Fisher Annexation No. 2. Springer-Fisher Annexation No. 2 is located northwest of the intersection of East Mulberry Street and Greenfields Court. The proposed zoning for this annexation is General Commercial (C-G). The surrounding properties are existing commercial and industrial l and uses currently zoned in Larimer County as C-Commercial and I-Industrial (I) to the east, south and west. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The surrounding land uses, and zoning are as follows: North: Vacant, Low Density Mixed-Use Neighborhood (L-M-N) South: Existing commercial uses and County commercial East: Vacant, County commercial West: Existing industrial uses and County industrial and commercial The requested zoning for this annexation is General Commercial (C-G). The requested zoning conforms to the larger surrounding area of existing industrial and commercial businesses and single -family residential homes and is based on the future land use policy direction in the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. City of Fort Collins Structure Plan City Plan describes the following place types for the area included within the annexation: Mixed Neighborhood Principal Land Use: Single-family detached homes, duplexes, triplexes, and townhomes. Supporting Land Use: Accessory Dwelling Units (ADUs), small scale multifamily buildings, small -scale retail, 14 Packet Pg. 236 Agenda Item 14 Item # 14 Page 2 restaurants/cafes, community and public facilities, parks and recreational facilities, schools, p laces of worship. Density between five and 20 principal dwelling units per acre (typically equates to an average of seven to 12 dwelling units per acre). Opportunity to provide alternatives to the more typical single -family detached homes or apartments available in Fort Collins, such as duplexes, townhomes and ADUs. Higher densities are more likely to support higher - frequency transit service and additional neighborhood services in adjoining districts. Specific opportunities should be explored as part of f uture subarea and neighborhood planning. Where greenfield opportunities remain, new Mixed-Neighborhoods should be required to provide a mix of housing options. Suburban Mixed-Use Principal Land Use: Retail, restaurants, office, and other commercial services. Supporting Land Use: High-density residential, entertainment, childcare centers, and other supporting uses. Densities and building heights will vary; building heights will generally be between one and five -stories but may be higher in some locations. Mixed-use districts provide opportunities for a range of retail and commercial services, office and employment, multifamily residential, civic, and other complementary uses in a compact, pedestrian and transit -supportive setting. Suburban Mixed-Use Districts help meet the needs of surrounding neighborhoods and populations beyond. Although largely auto-oriented today, the integration of higher-density residential and a broader mix of retail/ restaurants, office and entertainment uses is encouraged to help reinvigorate underutilized centers, expand housing options where transit exists or is planned, and improve access to services and amenities in both existing and new districts. The Structure Plan map shows approximately 75% of the area within the Springer-Fisher Annexation No. 1 and No. 2 properties under the Mixed Neighborhood designation, and 25% under the Suburban Mixed -Use designation (Attachment 4). The proposed zoning includes approximately 50% Mixed-Use Neighborhood with the Low Density Mixed-Use Neighborhood and Medium Density Mixed-Use Neighborhoods zone districts. There is a potential for an additional 25% in residential uses as secondary uses within both the Employment and Neighborhood Commercial zones. The Springer-Fisher property includes a combination of General Commercial, Neighborhood Commercial and Employment zoning within the lower half of site. The proposed non-residential zoning is consistent with the Structure Plan designation of Suburban Mixed -Use designation. The Structure Plan future land use designations represent general citywide policy guidance. The Land Use Code does not include zoning that directly corresponds to these place type designations in City Plan. The East Mulberry Corridor Plan (EMCP) reflects more detailed and specific land use policy guidance than City Plan. The proposed Springer-Fisher zoning is based more directly on the future land use designations in the EMCP Framework Plan map. East Mulberry Corridor Plan The following guidance is provided in the East Mulberry Corridor Plan: Future residential neighborhoods will be integrated with existing residential subdivisions, and be within proximity to shopping, recreation, and employment destinations. A neighborhood commercial center will be located at Greenfields Court and north of East Mulberry Street to provide neighborhood -oriented services within proximity to the existing and future residents. The Employment District’s primary uses will include offices and institutions, light industrial uses, and research and deve lopment activities. Secondary uses, such as hotels, restaurants, convenience shopping, and housing, will complement or support the primary employment workplace uses. The EMCP includes one future land use designation within the Springer-Fisher Annexation No. 2 property, General Commercial (C-G). This designation reflects the policy direction of the plan for a commercial mixed - use district and supporting higher-density mixed-use neighborhoods within walking distance to the commercial hub, located northwest of the East Mulberry and Greenfields Court intersection. 14 Packet Pg. 237 Agenda Item 14 Item # 14 Page 3 Staff recommends Council find the proposed Springer-Fisher Annexation No. 2 zoning is consistent with the City Structure Plan and East Mulberry Corridor Plan future land use policy direction. CITY FINANCIAL IMPACTS The annexation and zoning will not result in any initial direct significant financial/economic impacts. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power. Future development will also trigger the transition of law enforcement from Larimer County Sheriff to Fort Collins Police Services. Water utility services will continue to be provided by the East Larimer County (ELCO) Water District and wastewater utility service will be provided by the Boxelder Sanitation District. BOARD / COMMISSION RECOMMENDATION At its December 17, 2020 meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and recommend that the property be placed in the General Commercial (C -G) zone district. Since the item remained on the Planning and Zoning Board’s Consent Calendar, minutes from the hearing will not be provided. PUBLIC OUTREACH All notification requirements as required by state and local law have been met. A neighborhood meeting was held on August 19, 2020 for the proposed annexation and zoning. ATTACHMENTS 1. Vicinity Map (PDF) 2. Proposed Zoning Map (PDF) 3. Existing Zoning Map (PDF) 4. Structure Plan Map (PDF) 5. East Mulberry Corridor Plan Map (PDF) 6. Zoning Concept Plan (PDF) 14 Packet Pg. 238 FAIRCHILDSTVICOTWAYGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Vicinity Map Printed: November 25, 2020 ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. SITE ATTACHMENT 1 14.1 Packet Pg. 239 Attachment: Vicinity Map (9876 : Springer-Fisher Annexation No. 2 ZONE) --------------H:\Hartford Homes\CO, Fort Collins - HFH000008.01 Springer Fisher\Survey\CADD\Final\HFH08-Spring-Fisher-Zoning1-plat.dwg - Armando Nunez - 12/1/2020Init.# Issue / DescriptionDate------THESE PLANS ARE AN INSTRUMENT OF SERVICEAND ARE THE PROPERTY OF GALLOWAY, AND MAYNOT BE DUPLICATED, DISCLOSED, OR REPRODUCEDWITHOUT THE WRITTEN CONSENT OF GALLOWAY.COPYRIGHTS AND INFRINGEMENTS WILL BEENFORCED AND PROSECUTED.COPYRIGHTDate:Drawn By:Project No:Checked By:8/26/2020SCALE: 1"=100'05010020SPRINGER FISHERZONING MAPPART OF THE WEST HALF OF THE SOUTHWESTQUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE68 WEST OF THE 6TH P.M. COUNTY OF LARIMER, STATE OF COLORADOSHEET 1 OF 1TO THE CITY OF FORT COLLINS, COLORADOFAKANHFH000008.10ATTACHMENT 214.2Packet Pg. 240Attachment: Proposed Zoning Map (9876 : Springer-Fisher Annexation No. 2 ZONE) FAIRCHILDSTGREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYTR A C E Y PK W Y CONQUEST S T S S U M M I T VI E W D R CRUSADER ST COMETST QUINBY STZEPPELINWAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANTACRES DR CLIFFORD CTAL A N S T P L E A S A N T A C R E S D R LAKECANAL CT TRACEYPKWYFRONTAGE RD N E LINCOLNAVE WEICKER DR CO U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY ST E MULBERRY STFRONTAGE RD S SHERRY DRTIGERCATWAYSUMMIT CTGREENBRIARDRDELOZIER DRSUNRISE AVEKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R URBANESTATEDISTRICT LOW DENSITY MIXED-USENEIGHBORHOOD DISTRICT INDUSTRIALDISTRICT Springer-Fisher Annexation Zoning Map Printed: November 25, 2020 Parcels City ZoningZONE Industrial Low Density Mixed-Use Neighborhood Public Open Lands Urban Estate ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 3 14.3 Packet Pg. 241 Attachment: Existing Zoning Map (9876 : Springer-Fisher Annexation No. 2 ZONE) SuburbanMixed UseDistrict SingleFamilyNeighborhood Mixed EmploymentDistrict Parks andNatural/ProtectedLands IndustrialDistrict MixedNeighborhood NeighborhoodMixed UseDistrictFAIRCHILDST GREENFIELDS CTDAWN AVES S U M M I T V I E W D R D A RR E N S T VERDE AVEE LOCUST STSKYRAIDER WAYCON Q U E S T S T S S U M M I T VI E W D R COMETST QUINBY STZEPPELIN WAYDELOZIER RDDASSAULT STE LOCUST STVICOT WAYPLEASANT ACRES DR AL A N S T P L E A S A N T A C R E S D R LAKECANAL CT T R A C E Y P KW Y FRONTAGE RD N WEICKER DR C O U N T R Y S I D E D R FRONTAGE RD S RIVERBEND DRSYKES DR E MULBERRY STE MULBERRY ST FRONTAGE RD S SHERRY DRTIGERCAT WAYSUMMIT CTGREENBRIARDRDELOZIER DRKIMBERLY DRCENTRO WAYHORIZON AVECLIFFORD DRCRUSADER ST RELIANT ST COMET ST RENE DRCA N A L D R Springer-Fisher Annexation Structure Plan Map Printed: November 25, 2020 Parcels Community Separator Adjacent Planning AreasStructure Plan TYPE Industrial District Mixed Employment District Mixed Neighborhood Neighborhood Mixed Use District Parks and Natural/Protected Lands Rural Neighborhood Single Family Neighborhood Suburban Mixed Use District ©These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by membersof the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours,property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FORFITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these mapproducts, map applications, or data, accepts same AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmlessfrom and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all datacontained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct,indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Annexation Area 1 Annexation Area 2 ATTACHMENT 4 14.4 Packet Pg. 242 Attachment: Structure Plan Map (9876 : Springer-Fisher Annexation No. 2 ZONE) Annexation Area 1 Annexation Area 2 Springer-Fisher Annexation East Mulberry Corridor Plan Map ATTACHMENT 5 14.5 Packet Pg. 243 Attachment: East Mulberry Corridor Plan Map (9876 : Springer-Fisher Annexation No. 2 ZONE) HARTFORD MULBERRY ANNEXATION CONCEPT BUBBLE PLAN 10/21/20 CGCG GENERAL COMMERCIALGENERAL COMMERCIAL 11.7 AC11.7 AC EE EMPLOYMENTEMPLOYMENT 10.0 AC10.0 AC NCNC NEIGHBORHOODNEIGHBORHOOD COMMERCIALCOMMERCIAL 10.0 AC10.0 AC CGCG 5.9 AC5.9 AC MMNMMN MEDIUM DENSITY MIXEDUSEMEDIUM DENSITY MIXEDUSE NEIGHBORHOOD DISTRICTNEIGHBORHOOD DISTRICT 30.1 AC30.1 AC LMNLMN LOW DENSITY LOW DENSITY MIXEDUSEMIXEDUSE NEIGHBORHOOD NEIGHBORHOOD DISTRICTDISTRICT 10.1 AC10.1 AC NORTH SCALE 0 50 100 200GREENFIELD CT.GREENFIELD CT.E MULBERRY ST.E MULBERRY ST. ATTACHMENT 6 14.6 Packet Pg. 244 Attachment: Zoning Concept Plan (9876 : Springer-Fisher Annexation No. 2 ZONE) -1- ORDINANCE NO. 022, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRINGER-FISHER ANNEXATION NO. 2 WHEREAS, on February 2, 2021, the City Council adopted on second reading Ordinance No. 021, 2021, annexing to the City of Fort Collins the property known as the Springer-Fisher Annexation No. 2 (the “Property”); and WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins est ablishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, pursuant to Land Use Code Section 2.9.2, the City Planning and Zoning Board, at its meeting on December 17, 2020, unanimously recommended zoning the Property General Commercial (“G-C”) as more particularly described below and determined that the proposed zoning is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council has determined that the proposed zoning of the Property is consistent with the City’s Comprehensive Plan; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed zoning against the applicable criteria set forth in Section 2.9.4(H)(3) of the Land Use Code and finds the proposed zoning to be in compliance with all such criteria; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the Property as described below, finds it to be in the best interests of the City, and has determined that the Property should be zoned as hereafter provided. 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 Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including in the General Commercial (“G-C”) Zone District the Property more particularly described as: PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS FOLLOWS: Packet Pg. 245 -2- BEGINNING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”; THENCE N00°17'21"E, A DISTANCE OF 765.91 FEET ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE ON SAID WEST LINE FOR THE FOLLOWING 4 COURSES; 1. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET; 2. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET; 3. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET; 4. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE; THENCE S00°40'52"W, A DISTANCE OF 354.61 FEET ON SAID WEST LINE TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE N89°12'17"W, A DISTANCE OF 458.76 FEET ON SAID SOUTH LINE TO THE POINT OF BEGINNING. PARCEL CONTAINS 254,807 SQUARE FEET OR 5.850 ACRES. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Packet Pg. 246 -3- Introduced, considered favorably on first reading, and ordered published this 19th day of January, A.D. 2021, and to be presented for final passage on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 2nd day of February, A.D. 2021. __________________________________ Mayor ATTEST: __________________________ City Clerk Packet Pg. 247 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Blaine Dunn, Accounting Director John Duval, Legal SUBJECT Resolution 2021-010 Adopting Amendments to the City's Financial Management Policies. EXECUTIVE SUMMARY The purpose of this item is to update four of the internal Financial Management Policies: Policy 1 - Budget Policy 2 - Revenue Policy 3 - General Policy 5 - Fund Balance Minimums The policies are reviewed on a three-year rolling schedule. The recommended changes have been presented to the Council Finance Committee which supported the changes recommended. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Financial policies of certain significance are approved by Council. Others are approved by the City Manager and Chief Financial Officer. Staff and the Council Finance Committee have agreed to review and update Council-approved policies every three years. This year four policies were reviewed by staff and the Council Finance Committee: Budget, Revenue, General, and Fund Balance Minimums. Recommended changes for each policy are summarized as follows: Financial Management Policy 1 - Budget: Throughout the policy, staff recommends updating the word “citizen” with the word “resident”. There are additional language clean ups throughout the policy. The only sections with major changes are: • Section 1.1 Overview: - Call out for the exception of a one-year budget in fiscal years 2021 and 2022. • Section 1.5(A) Budgeting Control Systems, Budget Transfers: - Clarify what the City Manager and Chief Financial officer have authority to do with budget transfers. Financial Management Policy 2 - Revenue: This policy has three sections with recommended changes: • Section 2.3(C) Fee Policy, Establishment and Modification of Fees and Charges: 15 Packet Pg. 248 Agenda Item 15 Item # 15 Page 2 - Updates to this policy reflect the current process used for establishing fees. This includes making changes to reflect the cadence fee updates, and how often a fee study analysis is performed. • Section 2.4 Sales and Use Tax Distribution - Update tax tables to reflect new taxes effective January 1, 2021. • Section 2.5 Philanthropic Contributions - Currently named 2.5 Private Contributions, staff recommends changing the name of this section to better align across all policies. Staff also recommends expanding this section to discuss accountability and transparency associated with philanthropic gifts. The changes to this policy align with Financial Policy 52 - City Give Financial Governance Policy. Financial Management Policy 3 - General: This policy covers numerous topics that do not warrant their own standalone policy. This policy has three sections with recommended changes: • Section 3.2 Medical Insurance and Retirement Plans: - Updates include cleaning up language and updating contribution and vesting terms for the 401(a) and 457 plans. • Section 3.3 Fund Organization: - Adding language indicating City Code also establishes rules for funds. - Updating list of funds. • Section 3.4 Cost Recovery and Fee Setting: - Recommend updating the section regarding charitable giving to be consistent with the City Give policies. Financial Management Policy 5 - Fund Balance Minimums: This policy has three very minor changes: • Section 5.1 Governmental Funds and Fund Balance: - Correct wording under fund types for the type of funds able to carry an unassigned balance. • Section 5.2 Proprietary Fund and Working Capital: - Correct a section reference. • Section 5.3 Minimum Balances: - Clarify the 60-day Liquidity Goal is not a restricted balance but an emergency reserve. CITY FINANCIAL IMPACTS While these policies help the City and staff to administer the City finances, there are no direct financial impacts to the City. ATTACHMENTS 1. Policy 1 - Budget DRAFT (redline) (PDF) 2. Policy 2 - Revenue DRAFT (redline) (PDF) 3. Policy 3 - General DRAFT (redline) (PDF) 4. Policy 5 - Fund Balance Minimums DRAFT (redline) (PDF) 15 Packet Pg. 249 Financial Management Policy 1 Budget Policy Issue Date: 11/21/1710/19/20 Version: 43 Issued by: Budget Director Financial Policy 1 – Budget 1 1.1 Overview The Fort Collins City Charter establishes time limits and the essential content of the City Manager’s proposed budget, however the budget preparation process is not prescribed, but is developed by the City Manager with input from the City Council. The fiscal year of the City is the calendar year. The City may adopt budgets for a budget term of one fiscal year or more. After the Charter amendment in 1997 allowing the City Council to set by ordinance a budget term to be more than one fiscal year, the Council has adopted two-year budgets that correspond with the election cycle, with the recent exception of having a one-year budget for fiscal years 2021 and 2022 due to the COVID pandemic. The budget is a 2-year plan by which the City Council sets the financial and operational priorities for the City - through the budget, services are implemented. The budget along with the annual appropriation ordinance provides the basis for the control of expenditures. The State Constitution and the City Charter provide the basic legal requirements and time lines for the process. Council goals, ordinances and resolutions provide additional direction and respond to the needs of the community. Objective: Governments allocate scarce resources to programs and services through the budget process. As a result, it is one of the most important activities undertaken by governments. The purpose of this policy is to establish parameters and provide guidance governing the budget for the City of Fort Collins (City). Applicability: This budget policy applies to all funds and Service Areas of the City. Authorized by: City Council Resolution 2014-058, 2017-101, 2021-XXX ATTACHMENT 1 15.1 Packet Pg. 250 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 2 1.2 Principles for Budget Planning The City provides a wide variety of services to the residents of the community. It is in the power of the City Council to adopt a budget and manage the available resources to best meet the service needs for the overall good of the community (City Charter Article II, Section 5 (c)). In 2005 the City Council, on recommendation from the City mManager, endorsed the Budgeting for Outcomes (BFO) budget process. At a high level, the budgeting for outcomes methodology can be summarized as: 1. Determine how much money is available. The budget should be built on expected revenues. This would include base revenues, any new revenue sources, and the potential use of fund balance. 2. Prioritize results. The results or outcomes that matter most to citizens residents should be defined. Elected leaders should determine what programs are most important to their constituents. 3. Allocate resources among high priority results. The allocations should be made in a fair and objective manner. 4. Conduct analysis to determine what strategies, programs, and activities will best achieve desired results. 5. Budget available dollars to the most significant programs and activities. The objective is to maximize the benefit of the available resources. 6. Set measures of monthly progress, monitor, and close the feedback loop. These measures should assign monthly budget, spell out the expected results and outcomes and how they will be measured. 7. Check what actually happened. This involves using performance measures to compare actual versus budgeted results, and financial measures for budget versus actual results on a monthly basis. 8. Communicate performance results. Internal and external stakeholders should be informed of the results in an understandable format. At that time, the City Council also identified the key outcomes it believed should be used in the new budget process. In addition, the 2005-2007 Policy Agenda sets forth the implementation and continued improvement of the collaborative budget process, aligning spending with desired outcomes. In 2012, the City Council passed resolution 2012-076 promoting improved results through performance measures and data-driven decision making. In reference to the budget, an outcome-based performance measurement system will help ensure that available resources are used to achieve excellent results at low cost to the taxpayers and will enhance the citizen’s resident’s understanding of the City and the services it provides. 1.3 Scope A. Comprehensiveness 15.1 Packet Pg. 251 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 3 The proposed budget shall provide a complete financial plan for each fund of the cCity and shall include appropriate financial statements for each type of fund showing comparative figures for the last completed fiscal year, comparative figures for the current year, and the City Manager's recommendations for the ensuing budget term (City Charter Article V, Part 1, Section 2). In addition, the City of Fort Collins Budget Document may include items such as: 1) Statement of organization-wide strategic goals. 2) A description of the budget process, including a timeline. 3) A Glossary of Budget Terms. 4) A City of Fort Collins organizational chart. 5) Letter from the City Manager. 6) Budget Overview which may include: a) The economic outlook; b) Revenue assumptions; c) Summary of use of reserves; d) Budget priorities and highlights. 7) Copy of signed appropriation ordinance and a schedule of 2nd year proposed appropriations. 8) Revenue, expense and changes in fund balance summaries. 9) Summary of employee full-time equivalent staffing by service area and department. 10) A section for each of the key strategic Outcomes, which may include: a) Information indicating how the Offers in the Outcome are funded, by fund; b) Major key purchases; c) Major enhancements purchased; d) Detailed listing of all offers funded and unfunded; e) Strategic objectives of the Outcome. 11) Fund Statements. 12) Overview of debt position. 13) Current Capital Improvement Plan. 14) Summary of changes to user fees. 15) Summary of property tax mill levy and assessments. The annual appropriation ordinance shall also include the levy in mills, as fixed by the Council, upon each dollar of the assessed valuation of all taxable property within the city, such levy representing the amount of taxes for cCity purposes necessary to provide, during the ensuing fiscal year, for all properly authorized expenditures to be incurred by the cCity, including interest and principal of general obligation bonds. If the Council fails in any year to make said tax levy as above provided, then the rate last fixed shall be the levy fixed for the ensuing fiscal year and the Financial Officer shall so certify (City Charter Article V, Part 1, sSection 5). B. Budget Form 15.1 Packet Pg. 252 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 4 The City of Fort Collins uses the Budgeting For Outcomes model to create the City budget. A new budget is designed from the ground up based on the results desired in each of the Outcomes defined by the City. The BFO budget-building process includes four steps: 1) Determine how much revenue will be available (the price people pay); 2) Determine the priorities of the City and its citizens residents and the results to be achieved; 3) Allocate the revenue needed to achieve the desired results; 4) Determine which budget items will best produce the desired results at the price allocated. C. Basis of Budgeting All budgetary procedures conform to the City Charter and Code, state regulations and to generally accepted accounting principles. The basis or principle used for budgeting is the same as that used for accounting, with a few exceptions, and varies according to the fund type. Governmental Funds use the modified-accrual basis of accounting. This means that revenues are recognized when they are earned, measurable and available. Expenditures are recognized in the period that liabilities are due and payable. The budgetary basis is the same and is used in the General Fund, Special Revenue and Debt Service Funds, and Capital Project Funds. Proprietary and Fiduciary Funds use the full accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when liabilities are incurred. However, the budgetary basis in these funds is primarily based on the modified-accrual approach. Instead of authorizing budget for depreciation of capital assets, the budget measures and appropriates cash outflows for capital acquisition and construction, which is a modified-accrual approach. In full accrual based accounting debt proceeds are recorded as liabilities rather than a revenue (funding source). For these reasons, a reconciliation and adjustment is made on these fund statements to show the difference between the budgetary basis and the accounting basis. D. Budget Calendar The fiscal and accounting year shall be the same as the calendar year. "Budget term" shall mean the fiscal year(s) for which any budget is adopted and in which it is to be administered. Council shall set by ordinance the term for which it shall adopt budgets in accordance with this Article (City Charter Article V, Part 1, sSection 1). On or before the first Monday in September, commencing in 2010 and every other year thereafter, the City Manager shall file with the City Clerk a proposed budget for the City for the ensuing two-year term (City Charter Article V, Part 1, sSection 2). The Council shall, within ten (10) days after the filing of said proposed budget with the City Clerk, set a time certain for public hearing and cause notice of such public hearing to be given by publication. At the 15.1 Packet Pg. 253 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 5 hearing, all persons may appear and comment on any or all items and estimates in the proposed budget. Upon completion of the public hearing the Council may revise the budget estimates (City Charter Article V, Part 1, sSection 3). After said public hearing and before the last day of November preceding the budget term, the Council shall adopt the budget for the ensuing term. The adoption of the budget shall be by ordinance. Before the last day of November of each fiscal year, the Council shall appropriate such sums of money as it deems necessary to defray all expenditures of the cCity during the ensuing fiscal year. The appropriation of funds shall be accomplished by passage of the annual appropriation ordinance. Such appropriation of funds shall be based upon the budget as approved by the Council but need not be itemized further than by fund with the exception of capital projects and federal or state grants which shall be summarized by individual project or grant (City Charter Article V, Part 1, sSection 4). Appropriations for each year of the two-year budget will be approved by the City Council annually. Appropriations for the 2nd year of the biannual budget are adopted during the budget revision process. That process allows for adjustments to the originally adopted biennial budget that address new Council priorities or support changing needs based on economic conditions. The City Manager may present any budget adjustment recommendations to the City Council in Work Sessions and then Council may amend the budget and, as required by the State and City Charter, appropriate or authorize expenditures for the coming fiscal year. 1.4 Roles and Responsibilities All powers of the cCity and the determination of all matters of policy shall beare vested in the Council except as otherwise provided by the Charter. Without limitation of the foregoing, the Council shall havehas the power to adopt the City’s budget of the city. The City Manager shall beis responsible to the Council for the proper administration of all affairs of the City and to that end shall have has the power and beis required to prepare the budget and submit it to the Council and be responsible for its administration after adoption. The City Manager and Chief Financial Officer, along with the other executive directors, known as the Budget Lead Team (BLT), develop the guidelines, consistent with the policies, to be used for budget preparation. During the development of the budget, various department and division representatives may be called upon to provide their expertise. From April through June, City staff from all departments and divisions prepares the Offers (budget requests) for inclusion in the budget. 15.1 Packet Pg. 254 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 6 1.5 Budgeting Control System No appropriation shall may be made by the Council which exceeds the revenues, reserves or other funds anticipated or available at the time of the appropriation, except for emergency expenses incurred by reason of a casualty, accident or unforeseen contingency arising after the passage of the annual appropriation ordinance (City Charter Article V, Part I, Section 8 (a)). Control of expenditures is exercised at the fund level. Fund managers are responsible for all expenditures made against appropriations within their fund and can allocate available resources within the fund. All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except for: • appropriations for capital projects which shalldo not lapse until the completion of the capital project; and • federal or state grants which shalldo not lapse until the expiration of the federal or state grant (City Charter Article V, Part I, Section 11). A. Budget Transfers Between Funds or Capital Projects During the fiscal year, the Council may, by ordinance, upon the recommendation of the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account provided that: 1) the purpose for which the transferred funds are to be expended remains unchanged; 2) the purpose for which the funds were initially appropriated no longer exists; or 3) the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance (City Charter Article V, Part I, Section 10 (b)). Within a Fund Budget control is maintained at the departmental level. The City Manager may, during the fiscal year, transfer any unexpended and unencumbered appropriated amount within the same fund (Charter Article V, Section 10(a)). The Chief Financial Officer also has the authority to approve departmental expenses greater than the budget for that department so long as the overall expenses in the fund serving that department are less than the budgeted amount for the fund within a fund. In no case may the total expenditures of a particular fund exceed that which is appropriated by the City Council (City Charter Article V, Part I, Section 10 8(ab)). B. Applicable Amendments to the Budget 15.1 Packet Pg. 255 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 7 Budget Increases There generally are four opportunities during the fiscal year for supplemental additions to the current year annual appropriation approved by Council: 1) The first is through the encumbrance carry-forward process whereby approved purchase orders that cannot be executed prior to the end of the fiscal year will have available budget carried forward into the new year. 2) The second is usually adopted in March/April to re-appropriate funds from the previous year’s ending balance for projects or obligations that were approved but not completed during that year. 3) The third opportunity in the 2nd half of the year is used to fine-tune (clean-up) the current fiscal year for previously unforeseen events. In addition, if revenue is received during the fiscal year from a source that was not anticipated at the time of budget adoption or appropriation for the fiscal year, such as grants or implementation of a new fee, Council may appropriate that unanticipated revenue for expenditure when received anytime during the year. 4) Lastly, the Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, shall not exceed the then current estimate of actual and anticipated revenues to be received by the city during the fiscal year. This provision shall not prevent the Council from appropriating 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 (City Charter Article V, Part I, Section 9). Budget Decreases/Frozen Appropriations The budget may be decreased below adopted appropriations during the fiscal year due to changes in service demand, changes in economic conditions, and/or changes in Council goals. Each service area is responsible for developing a plan to reduce appropriations, which wi ll be ready for implementation should the need arise. If the City Manager directs budget reductions, Council will be informed and the appropriations will be “set aside” through administrative action. While the appropriation amount is not changed, expenditures shall not exceed the reduced amount recommended by the City Manager. C. Order of Funding when Multiple Funding Sources Available Sometimes a given project or program has multiple sources of funding available. Examples of such projects include but are not limited to grant funded projects, jointly funded 15.1 Packet Pg. 256 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 1 – Budget 8 projects/programs between governmental and proprietary funds, or projects/programs where both dedicated tax and/or fee revenues and General Fund tax revenues are available. Unless stated otherwise within the authorizing ordinance, budget offer, or a contractual agreement, funding sources will be applied in the order of most-constrained to least- constrained in the judgment of City staff. For example, a project jointly funded by the General Fund and the Natural Areas Fund would first fund project spending using all available and appropriated Natural Areas revenues prior to spending appropriated General Fund revenues. This is in an effort to maximize the benefit of available sources in accordance with the principles described in section 1.2 above. 1.6 Balanced Budget Definition All funds are required to balance. As such, total anticipated revenues must equal the sum of budgeted expenditures for each fund. Revenues are derived from two sources: current revenue charges and unallocated reserves carried forward from prior years. 1.7 Contingency Planning for Unanticipated Revenue Shortfalls During times when the City experiences significant unanticipated revenue shortfalls, a contingency plan will be developed that outlines the necessary steps to align expenditures to meet the actual revenue received. The contingency plan will target the funds being impacted by the revenue shortfall. In general, the priority order of the steps in our contingency methodology are: • Align ongoing expenditures with anticipated ongoing revenue • Sweep vacancy savings and non-service related savings such as fuel or utilities if under budget • If a Contingency Reserve has been established, utilize a portion of that reserve • Develop a stop doing list utilizing the drilling platform prioritization. • At a Service Area level, reduce expenditures related to o discretionary expenditures o new hires/vacancies (postponement of posting positions) o travel and training o reduced levels of support to programs 15.1 Packet Pg. 257 Attachment: Policy 1 - Budget DRAFT (redline) (9871 : Financial Policies Update) Financial Management Policy 2 Revenue Issue Date: 12/20/2016 Version: 4 DRAFT3 Issued by: Revenue and Project Manager Financial Policy 2 – Revenue 1 2.1 Limitations under TABOR (Taxpayer Bill of Rights) A. Background The City of Fort Collins’ revenue and expenditures are limited by Colorado’s Taxpayer’s Bill of Rights in Article X, Section 20 of the Colorado Constitution (TABOR). While TABOR limits both revenue and expenditures, its primary application is in limiting revenue collections. Growth in revenue is limited to the increase in the Denver-Boulder-Greeley Consumer Price Index plus local growth (new construction and annexation). This percentage is added to the preceding year’s revenue base, giving the dollar limit allowed for revenue collection in the ensuing year. Any revenue collected over the limit must be refunded to the citizenresidents unless the voters approve the retention of the excess revenue. Federal grants or gifts to the City are not included in the revenue limit. City enterprises (electric, water, wastewater and stormwater utilities) are also exempt from the imposed limits. In 2003, the Golf Fund revenue sources was considered for enterprise status for purposes of TABOR. In order for an entity to become an enterprise, voters must approve a Charter amendment for that entity. Objective: Monitoring and controlling revenues is important to the City of Fort Collins. Through its revenue policy, the City primarily aims to maintain a diversified revenue system which will protect it from possible short-term fluctuations in any of its various revenue sources. To accomplish this, revenues are monitored on a continuous basis. An understanding of the economic and legal factors which directly and indirectly affect the level of revenue collections is an important part of the City’s revenue policy. Applicability: This policy applies to all City Revenues. This policy does/does not apply to or govern revenues generated by City-owned general improvement districts, DDA, URA, PFA or Library District. Authorized by: City Council, Resolutions 1994-174, 2013-093, and 2016-096, 2021-XXX ATTACHMENT 2 15.2 Packet Pg. 258 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 2 B. ‘De-Brucing’ In November 1997, Fort Collins’ voters approved a ballot measure that allows the City to retain revenues that exceed the growth limit imposed by TABOR. The measure specified that any retained revenues over the growth limit must be used for certain designated purposes. • Public Health and Safety (including, but not limited to, environmental monitoring and mitigation) • Transportation • Growth Management • Maintenance and Repair of Public Facilities C. TABOR Notice for New Tax or Tax Increase • Develop revenue forecasts that are reasonable and factor in the implications of over collection. • Review these forecasts with the appropriate leadership staff. D. Monitor New Tax Revenue • Staff will monitor actual revenue against the forecast revenue disclosed in the TABOR notice. • In the second year, confirm first years’ actual revenue to forecast and determine if any action is needed. Provide a report to the City Council with results and any recommended action. E. TABOR Legislation and Judicial Decisions Staff shall monitor new TABOR legislation, judicial decisions and actions taken by other governments to see if they affect the City. This will include working with the City’s outside consultants, such as special bond counsel and CML. When such matters are discovered affecting the City, staff will confer to determine what actions, if any, the City should take in response. F. Documentation of ‘Fiscal Year Spending’ under TABOR Although the City has de-Bruced, current interpretations of TABOR section 20(3)(c) merits the need for the ongoing calculation of “‘fiscal year spending’”. Staff will maintain and update records annually to calculate the City’s fiscal year spending under TABOR . These records shall be kept for at least six years. Also, documentation shall be kept current that defines which related agencies, funds and types of revenues are required under TABOR to be included in fiscal year spending and those that can be excluded. 15.2 Packet Pg. 259 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 3 2.2 Revenue Review, Objectives and Monitoring A. Review and Projections The City reviews estimated revenue and fee schedules as part of the budget process. The major revenue sources in the General Fund are sales and use tax, property tax, lodging tax, intergovernmental revenues, fines and forfeitures, user fees and charges, and transfers from other funds. Conservative revenue projections are made for the budget term. The projections are monitored and updated as necessary. B. Principles The City has established six (6) general principles that will be used to guide decisions on revenue: 1. Develop and maintain stable revenue sources. The City will strive to maintain stable revenue sources by: a. Targeting revenue sources with minimal volatility b. Monitoring current revenue sources for variability c. Adjusting forecasts as necessary to accommodate unanticipated increases and declines d. Monitoring and adjusting expenditures for unanticipated revenue gains/losses 2. Develop and maintain a diverse revenue base. For all general government operations, the City will strive to maintain diverse revenue sources. The City recognizes that becoming too dependent upon one revenue source would make revenue yields more vulnerable to economic cycles. Therefore, the City will strive to maintain diverse revenue sources by: a. Targeting revenue from multiple sources b. Working to expand fee based revenue where possible c. Working to minimize overdependence on any single revenue source d. Staff will monitor dependency on sales and use tax to ensure an over reliance does not occur 3. Cultivate revenue sources that are equitable among citizenresidents of different economic levels. The City will strive to preserve a revenue stream that does not overburden low income residents by: a. Providing low income citizenresidents with opportunities to participate in programs through reduced fee structures and scholarships b. Providing a Sales Tax on Food and Utility rebate to lessen the burden of taxes and fees on low income citizenresidents 15.2 Packet Pg. 260 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 4 c. Ensuring fees do not exceed cost to provide service 4. Generate adequate revenue to maintain service levels in line with citizenresident expectations. The City will generate adequate revenue to maintain core service levels by: a. Ensuring fees for service do not exceed cost to provide service b. Maintaining a cost recovery model c. Monitoring service level performance annually through the Community Scorecard d. Regularly reviewing services to assess core vs. desired 5. Maintain healthy reserves. The City will maintain healthy reserves by: a. Adhering to State mandated reserve and internal reserve policies b. Maintaining a Tabor (State) reserve for the General Fund of 3% or more of the City’s fiscal year spending c. Meeting City policy for the General Fund of an additional contingency of 60 days or 17% of next year’s adopted budgeted expenditures 6. Fees for Services are fairly born by those who use those services. C. Monitoring In an annual summary financial report the major sources revenue and the associated percentages will be reviewed by the Council Finance Committee. 2.3 Fee Policy As a home rule municipality, the City of Fort Collins has the ability to determine the extent to which fees should be used to fund City facilities, infrastructure and services. There are two kinds of fees that the City may establish: Impact Fees and Special Service Fees. Impact fees are typically one-time charges levied by the City against new development. Impact The fees are based on current levels of service and act as a buy-in method for new development. The revenue can only be used for capital infrastructure needs created by the impact of the new development. However, the City may and does employ other methodologies legally available to calculate its impact fees. Special service fees are charges imposed on persons or property that are designed to defray the overall cost of the particular municipal service for which the fee is imposed. This Policy sets forth principles for identifying: (1) the kinds of services for which the City could appropriately impose fees; (2) methods for calculating the percentage of costs to be recovered by such fees; and (3) the manner in which the fees should be allocated among individual fee payers. A. Fees should be cost related The amount of a fee should not exceed the overall cost of providing the facility, 15.2 Packet Pg. 261 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 5 infrastructure or service for which the fee is imposed. Cost may include direct and indirect costs. That is: 1. Costs which are directly related to the provision of the service; and, 2. Support costs which are more general in nature but provide support for the provision of the service. B. Percentage of cost recovery The extent to which the total cost of service should be recovered through fees depends upon the following factors: 1. The nature of the facilities, infrastructure or services. In the case of fees for facilities, infrastructure as well as governmental and proprietary services, total cost recovery may be warranted. In the case of governmental services, it may be appropriate for a substantial portion of the cost of such services to be borne by the City’s taxpayers, rather than the individual users of such services. 2. The nature and extent of the benefit to the fee payers. When a particular facility or service results in substantial, immediate and direct benefit to fee payers, a higher percentage of the cost of providing the facility or service should be recovered by the fee. When a particular facility or service benefits not only the fee payer but also a substantial segment of the community, lower cost recovery is warranted. 3. The level of demand for a particular service. Because the pricing of services can significantly affect demand, full cost recovery for services is more appropriate when the market for the services is strong and will support a high level of cost recovery. 4. Ease of collection. In the case of impact fees, ease of collection is generally not a factor. In the case of fees for services, however, such fees may prove to be impractical for the City to utilize if they are too costly to administer. C. Establishment and Modification of Fees and Charges The following Impact Fees imposed by the City are established by the City Council by ordinance and may be modified only by ordinance of the City Council. 1. Six Capital Expansion Fees: Transportation, Neighborhood Park, Community Park, Fire, Police and General Government 2. Five Utility Fees: Water Supply Requirement, Electric Capacity, Sewer Plant Investment, Stormwater Plant Investment, Water Plant Investment Fee updates occur on a regular two and four-year cadence and fee updates occur together to provide a more holistic view of the impact of any fee increases. Detailed 15.2 Packet Pg. 262 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 6 fee study analysis for all six Capital Expansion Fees occurs every four years. This requires an outside consultant through a request for proposal (RFP) process where data is provided by City staff. Findings by the consultant are also verified by City staff. For Utility Fees, a detailed fee study is planned every two years. These are internal updates by City staff with periodic consultant verification. Fee study analysis will be targeted in the odd year before Budgeting for Outcomes (BFO). In years without an update, an inflation adjustment occurs. The amounts of all other service and administrative fees may be determined by the City Manager as provided in City Code Chapter 7.5, Article I, absent any provision of the City Charter the contrary. Development Review/Building Fees follow the same four-year cadence as the Capital Expansion Fees. All fee revenues will be estimated by the City Manager and submitted to the City Council as part of the City Manager’s recommended budget. Aside from user fees, (e.g. recreation classes and facility room rentals), all fees imposed by the City will be established by the City Council by ordinance. In the case of impact fees, utility fees and charges, and special service fees assessed against property the ordinance establishing the fees will determine: 1. The level of cost that should be recovered through the fees according to the criteria established in this Policy; 2. An appropriate method for apportioning the cost of providing each service among the users of the service; and, 3. A procedure for periodically reviewing and modifying the amount of fees in order to maintain appropriate cost recovery levels. The amounts of these kinds of fees may be modified only by ordinance of the City Council. The amounts of other Special Service Fees, such as user fees charged for the use of City facilities, may be determined by the City Manager, according to criteria established by the City Council by ordinance, absent any provision of th e City Charter or Code to the contrary. All fee revenues will be estimated by the City Manager and submitted to the City Council as part of the City Manager’s recommended budget. D. Rebate Programs If the amount of a particular fee is considered to be too high to accommodate the needs of particular segments of the community and the public interest would be served by adjusting the amount or manner of payment of such fees in particular instances, the amount of the fee may be waived, rebated, or deferred as ap propriate. In the case of fees established by ordinance, the criteria for waiving, rebating, or deferring payment of such fees shall be established by the City Council by ordinance. 15.2 Packet Pg. 263 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 7 2.4 Sales and Use Tax Distribution Sales and Use Tax shall be used and accounted for as intended by the voters. Details of how the different segments of sales and use tax are used are outlined in the City Code Chapter 25. The following is a summary for informational purposes only. The City's Sales and Use Tax currently totals 3.85 cents on a $1.00 purchase, developed as follows: In effect through December 31, 2020 1968 - General City uses 1.00 cent 1980 - General City uses 1.00 cent 1982 - General City uses 0.25 cent 2015 - Street Maintenance 0.25 cent* 2015 - Community Capital Improvement Program 0.25 cent* 2006 - Natural Areas & Open Space 0.25 cent* 2011 - Keeping Fort Collins Great 0.85 cent** 3.85 cents * Excludes sales and use tax on grocery food for home consumption ** Excludes sales and use tax on grocery food for home consumption and manufacturing equipment Taxes effective beginning January 1, 2021 Begin Through Uses Rate per $1.00 1968 No end General City Purposes 1.00 cent 1980 No end General City Purposes 1.00 cent 1982 No end General City Purposes 0.25 cent 2016 2025 Street Maintenance 0.25 cent * 2016 2025 Community Capital Improvement Program 0.25 cent * 2006 2029 Natural Areas & Open Space 0.25 cent * 2021 No end General City Purposes 0.60 cent ** 2021 2030 General City Purposes 0.25 cent ** 3.85 cents * Excludes sales and use tax on grocery food for home consumption ** Excludes sales and use tax on grocery food for home consumption and manufacturing equipment 15.2 Packet Pg. 264 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 8 2.5 Private Philanthropic Contributions The City of Fort Collins (City) will pursue philanthropic support consistent with the City’s goals and objectives, and in the best interests of Fort Collins residents. The City will always consider the public trust and comply with all applicable laws when soliciting and accepting philanthropic donations. Strong oversight of philanthropic gifts is a priority, and the City has created multiple layers of accountability and transparency for donated funds and the projects receiving donated funds. Charitable gifts to the City can only be used for the intended purpose designated by donors. Charitable gifts to the City delivered directly into the budgets of benefiting projects, and can’t be redirected by elected officials or City staff. TheCity reserves the right to decline any charitable gift if, upon review, acceptance of the donation offer is d etermined in the sole discretion of the City not to be in the best interests of the City. In 2019, the City of Fort Collins adopted Administrative Policy 52-City Give to create standards and protocols for the acceptance and governance of charitable gifts, and for the orchestration of philanthropic practices. Additionally, the City adopted Finance Governance Policy to establish protocols for City Give, staff and officials regarding the acceptance and documentation of philanthropic gifts, and procedures to responsibly and efficiently manage charitable gifts. Efforts should be made to secure private contributions in support of City programs and services, as these contributions are an integral part of their successful operation. 15.2 Packet Pg. 265 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 2 – Revenue 9 Getting Help Please contact the Revenue and Project Manager with any questions at 970.221.6626. Related Policies/References City Code Chapter 25 Taxation, Article III Sales & Use Tax City Code Chapter 26 Utilities Administrative Fee Definitions Governmental Services: services provided by the City for the public good such as regulating land use, maintaining streets, and providing police and fire protection. Impact Fees: usually one-time charges, levied by the City against new development to offset the impacts of the new developments Proprietary Services: services provided for the benefit and enjoyment of the residents of the City, at their discretion, such as parks and recreation services Rebate: a return of a portion of a fee within a specified time. Unlike a waiver or discount, the rebate is given after the fee has been paid in full Special Service Fee: charges imposed on persons or property that are designed to defray the overall cost of the particular municipal service for which the fee is imposed Waiver: when a portion of a fee is reduced before being paid by a buyer 15.2 Packet Pg. 266 Attachment: Policy 2 - Revenue DRAFT (redline) (9871 : Financial Policies Update) Financial Management Policy 3 General Financial Policies Issue Date: 11/21/17 Version: 54 Issued by: City Council Financial Policy 3 – General Financial Policies 1 3.1 Administrative Charges Certain General Fund departments render services to departments in other funds and shall be equitably apportioned to those other funds. General Fund departments that do not have a direct billing mechanism shall have their costs allocated using the formula outlined in this section to other funds, and provide offsetting revenue in the General Fund. A. General Fund Departmental Costs to be Allocated Certain General Fund departmental costs to be allocated include City Council, City Manager, City Clerk, City Attorney, Human Resources, and Finance. Any services in these departments which are funded by user fees or dedicated revenues are excluded from the allocation. The amount of costs to be allocated is the current adopted budget for each of the departments listed above less user fees and dedicated revenue. With a multi-year budget, the charge to each fund is increased by a determined percentage for the second future year and then adjusted to the actual calculation with the next multi-year budget. B. How Costs Are Allocated The Human Resources costs are allocated on a prorated basis to funds based on the total number of budgeted full-time-equivalent positions in each fund. Objective: To outline the method and principles for allocation Administrative Charges; establishing the parameters for the Medical and Retirement Program; Fund Organization; Cost Recovery and Fee Setting; and Capital Improvement Program. Applicability: This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library. Authorized by: City Council Resolution 2006-006, 2015-055, and 2017-101, 2021-XXX. ATTACHMENT 3 15.3 Packet Pg. 267 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 2 All other General Fund administrative costs are allocated on a prorated basis to the funds based upon adjusted expenditure budgets for the current year. Adjustments are made to recognize the lower amount of administrative services required for Capital, Debt Service, and Purchased Power payments. Capital project budgets are reduced by two-thirds and averaged over three years. Debt Service budgets are reduced by three- fourths and the entire Purchased Power budget is deducted from the Light & Power budget. C. All Funds Receive Allocations but Not All Funds Are Charged While Administrative Charges are allocated among all City funds, only specified funds are charged. Charges are not made to a fund if it is not self-supporting, it is an Governmental Internal Service fund, or if the funds role is merely to facilitate proper accounting procedures. For example, the Sales and Use Tax fund and Debt Service fund receive amounts which are then transferred to other funds. Charging these funds would lead to double charging many transactions and would not correspond to the level of service provided by the departments in the General Fund. D. Review During each budget process, the Administrative Charge calculation will be reviewed by the Budget Office. Minor refinements in the allocation formulas are made as needed. Significant changes will be brought to the City Council for approval to assure that the equitable apportionment meets requirements of the Code/Charter. 3.2 Medical Insurance and Retirement Plan A. Medical Insurance In 1981, the City of Fort Collins set up a partially self-funded medical insurance program. The objective of a self-funding program is to reduce the cost of medical insurance by assuming the risk for certain plan expenses. Assuming a portion of the risk lowers the amount of charges compared to a conventional full insurance plan. For most of the last 33 years Historically, the City has found this funding method to be a cost-effective means of providing a very desirable employee benefit. To administer the self-funded and insured portions of the medical insurance plans, the City conducts a competitive proposal process every five years or more often if required. The insurance contracts are reviewed annually for both performance and cost. The types of services contracted for include plan administrative services, stop-loss protection against larger claims, life and accidental death and dismemberment insurance, and long-term disability coverage. 15.3 Packet Pg. 268 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 3 B. Retirement Programs The City of Fort Collins contributes to two types of retirement plans: a Defined Benefit Plan and Defined Contribution Plans. 1. Defined Benefit Plan - the General Employees Retirement Plan (Plan). The pension plan is closed to new participants as of 1/1/1999. The Plan document approved by the City Council outlines the details of the program. A Board meets monthly to oversee the program. Board members, in consultation with annual actuary report and other information, make recommendations to City Council for any plan changes that may be needed from time to time. The Plan currently calls for the employer (City or PFA) to contribute 10.5%. Because the plan is underfunded, a Supplemental Contribution is made at a fixed dollar amount each year. The Supplemental amount is reevaluated every 2 years in conjunction with the budget cycle and based on the latest actuarial valuation report. 2. 401(a) and 457 Money Purchase Plans. Also known as Defined Contribution Plans, the contribution rates are as follows: 401 a 457 Employee Group Employer Employee Waiting Employer Employee Waiting Classified Employees 6.5% 3.0% 6 months 0.0% optional no wait Classified Employees hired on or before 3/31/07 7.5% 3.0% 6 months 0.0% optional no wait Unclassified Management 6.5% 6.0% 6 monthsno wait 0.0% optional no wait Unclassified Management hired on or before 3/31/07 7.5% 6.0% 6 monthsno wait 0.0% optional no wait Direct Reports of City Council 10.0% 0.0% no wait match up to 3% optional no wait Service Area Directors 10.0% 0.0% no wait match up to 3% optional no wait Police & Dispatch (per union agreement) * 10.58.0% 8.50% no wait match up to 3% optional 6 months for match Community Service Officer 8.07.5% 3.0% 6 months 0.0% optional no wait * All employee groups vest immediately, except Police and Dispatch who follow schedule in union agreement. 15.3 Packet Pg. 269 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 4 Employee contributions to the 457 plan are limited to the amounts published by the IRS. The City will contract with a third party administrator to provide the Defined Contribution Plans. City Staff comprised of both Finance and HR will oversee the program and performance of the third party administrator. 3.3 Fund Organization Funds for accounting and financial reporting purposes have their own balance sheet and income statement. The organization of the City’s Funds is designed to enhance accountability and transparency, comply with Generally Accepted Accounting Principles, meet grant requirements, comply with City Code/Charter and comply with Colorado statutes. In City Article V, Part III, Section 25 the Financial Officer is empowered to create funds as appropriate. However, City Code Chapter 8, Article III also establishes additional parameters for City funds. The number of funds established should be the minimum needed for legal and operating requirements. Unnecessary funds can result in inflexibility, undue complexity and inefficient financial administration. The City’s funds are organized at two levels of groupings; Fund Groups and Fund Types. Fund Groups Governmental Funds Used to account for activities primarily supported by taxes, grants and similar revenue sources. Proprietary Funds Used to account for activities that receive significant support from fees and charges. Fiduciary Funds Used to account for resources that a City holds as a trustee or agent on behalf of an outside party that cannot be used to support the City’s own programs. Within each Fund Group are Fund Types. Governmental Fund Types General Fund Main operating fund used to account for and report all financial resources not accounted for and reported in another fund. Special Revenue Funds Used to account for and report the proceeds of specific revenue sources that are restricted, committed or assigned to expenditure for specific purposes, other than debt service or capital projects. Debt Service Funds Used to account for and report resources that are restricted, committed or assigned to expenditure for principal and interest. 15.3 Packet Pg. 270 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 5 Capital Project Funds Used to account for and report resources that are restricted, committed or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities or other capital assets. Proprietary Fund Types Enterprise Funds Used to account and report any activity for which a fee is charged to external users of goods and services Internal Service Funds Used to account and report any activity for which a fee is charged to other funds, departments, or agencies of the City and its component units on a cost reimbursement basis. Fiduciary Fund Types Pension (and Other Employee Benefit) Trust Funds Used to account and report resources that are required to be held in trust for the members and beneficiaries of defined benefit plans. Agency Custodial Funds Used to report resources held by the City in a purely custodial capacity. The following is a list of all funds of the City, including legally separate entities but from a financial reporting perspective are treated as a component unit of the City. Group and Type Legal Ref. Name Governmental General Fund City 100 General Fund Special Revenue Fund City 250 Capital Expansion Fund Special Revenue Fund City 251 Sales & Use Tax Fund Special Revenue Fund Separate 252 General Improvement District #1 Special Revenue Fund City 254 Keep Fort Collins Great Fund Special Revenue Fund City 255 Community Capital Improvement Program Special Revenue Fund City 272 Natural Areas Fund Special Revenue Fund City 273 Cultural Services & Facilities Special Revenue Fund City 274 Recreation Fund Special Revenue Fund City 275 Cemeteries Fund Special Revenue Fund City 276 Perpetual Care Fund Special Revenue Fund City 277 Museum Fund Special Revenue Fund City 280 Community Development Block Special Revenue Fund City 281 Home Investment Partnership Special Revenue Fund City 290 Transit Services Fund Special Revenue Fund City 291 Street Oversizing FundTransportation Capital Expansion Fee Special Revenue Fund City 292 Transportation Services Fund Special Revenue Fund Separate 293 GID #15 - Skyview Special Revenue Fund City 294 Parking Fund Special Revenue Fund City 300 Timberline/Prospect SID #94 Debt Service City 304 Capital Leasing Corporation 15.3 Packet Pg. 271 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 6 Capital Projects Fund City 400 Capital Projects Fund Capital Projects Fund City 270 Neighborhood Parkland Fund Capital Projects Fund City 271 Conservation Trust Fund Proprietary Enterprise Fund City 500 Golf Fund Enterprise Fund City 501 Light & Power FundElectric and Telecommunications Fund Enterprise Fund City 502 Water Fund Enterprise Fund City 503 Wastewater Fund Enterprise Fund City 504 Storm Drainage Fund Enterprise Fund City 505 Broadband Fund Internal Service Fund City 601 Equipment Fund Internal Service Fund City 602 Self-Insurance Fund Internal Service Fund City 603 Data Aand Communications Fund Internal Service Fund City 604 Benefits Fund Internal Service Fund City 605 Utility Customer Service & Admin Fiduciary Pension Trust Fund City 700 Employees' Retirement Fund Governmental Special Revenue Fund Separate 800 URA - N. College District Special Revenue Fund Separate 801 URA - Prospect South TIF District Special Revenue Fund Separate 803 URA - Mall Fund Special Revenue Fund Separate 820 DDA Operating Fund Special Revenue Fund Separate 821 DDA Fixed Asset and Long Term Debt Special Revenue Fund Separate 822 DDA Debt Service Fund 3.4 Cost Recovery and Fee Setting A. Enterprise Funds shall rely on charges and user fees to recover their costs, rather than taxes. Utility rates will be based upon the cost of service approach to reflect full distribution of costs to appropriate rate classes in order to effect equitable sharing of costs. Rates shall be established and maintained at a level sufficient to maintain positive net income in each of the utility funds after paying the full cost of operating and maintaining the utilities and keeping them in good repair and working order. Such rates shall also be sufficient to enable each utility, where applicable, to meet rate requirements of City or utility enterprise bond ordinances. B. The Internal Service Funds shall operate under the following guidelines. 15.3 Packet Pg. 272 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 7 1. Internal service fund charges are limited to the recovery of the cost of the service, including depreciation, rather than making a profit. Each fund's prior year financial statements and estimates of future costs form the basis for the calculation of charges. 2. Charges should be set at a level to avoid significant adverse financial impacts on their customers. Fund customers and independent experts should be allowed to review and make recommendations about the level of charges. The Finance Department should approve the analysis and conclusions used to set rates. 3. Internal service funds should compete with similar services offered by the private sector. The City staff will compare rates every five years. If not competitive with the private sector, the Finance Department will analyze whether the private sector should provide the service. 4. Internal service funds may build up reserves. Customer-approved master plans and independent third-party actuarial reviews (for the Benefit and Self-Insurance funds) guide the level of reserves. Fund managers may spend reserves only for their approved purpose. 5. The City may buy equipment and facilities for the internal service funds through lease- purchase financing. Management's decision to recommend lease-purchase financing depends on: (1) cash flow needs; (2) budget constraints; (3) benefit to cost analysis; and (4) level of reserves. 6. Except for the Utilities Customer Service and Administration Fund, Internal service funds operate under the same guidelines and constraints as the General Fund and other governmental funds of the City. The Utilities Customer Service and Administration Fund shall operate under the guidelines of the Utilities Services Funds. C. Cultural Services & Facilities Fund Fee Policy 1. Total revenue from fees and charges shall cover a minimum of 55% of Lincoln Center Operation and Maintenance and Performing and Visual Arts Programming Budgets. This includes revenues generated at the Lincoln Center from rentals, equipment, concessions and other miscellaneous sources and all total direct revenues from the Performing and Visual Arts Programming. A transfer from the General Fund will make up the difference between total revenue and expenditures. 2. The Cultural Services and Facilities Administration and Museum budgets provide minimal financial support. These programs are funded primarily by a transfer from the General Fund. 15.3 Packet Pg. 273 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 8 3. Major capital improvements and renovations will be financed through sources other than Cultural Services and Facilities Fund. 4. Charitable gifts and donations—raised from the philanthropic sector of foundations, corporations, and individuals to support public initiatives of the City of Fort Collins—will be made directly to the City of Fort Collins. Acceptance, stewardship, tracking, and expenditures of all charitable gifts are governed by Philanthropic Administrative and City Give Finance Governance Policy with great attention to transparency and accountability. Solicitation of funds through donations, fund-raising events, and non-traditional sources shall be encouraged by the City staff, Lincoln Center League, the Cultural Resources Board and the City Council. Funding collected for any special purpose shall be earmarked for that purpose and those funds will be processed through the Fort Collins Foundation. D. Recreation Fund Rates and Charges Policy Recreation Rates and Charges shall cover between 68% to 75% of all operating costs, with the difference to be covered by the City’s General Fund and/or 50% of the Keep Fort Collins Great portion dedicated to Parks & Recreation. Equipment and rolling stock shall be considered operating costs in the application of this policy. Recreation Rates and Charges shall not be expected to cover major capital items such as facility and land acquisitions, major renovations to facilities or other costs such as utilities, custodial or grounds maintenance. 3.5 Capital Improvement Program 1. Each Service Area or Department shall develop multi-year Master Plans for capital improvements. On a city-wide basis, staff shall compile a 10 -year Capital Improvement Plan and update it every two years. Estimates of operating and maintenance costs should be included; 2. Appropriation requests must include not only the cost of construction or acquisition and the funding sources, but an estimate of operating and maintenance costs; 3. Capital improvements projects will be administered in accordance with the Capital Projects Procedures Manual; 4. Appropriations for capital improvements will be constructed and expenditures incurred only for the purpose as approved by City Council; 15.3 Packet Pg. 274 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 9 5. Staff should seek out grants and partnerships whenever appropriate. 3.6 Using State Allocation of Private Activity Bonds A. Background: Conduit debt is issued in a local government’s name, but the resources for repayment come from individuals or entities that are not part of government. Entities seek conduit debt because of the government’s ability to issue debt at favorable tax-exempt rates. Private Activity Bonds (PAB) are a form of conduit debt. Colorado’s Private Activity Bond allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Section 24-32-1701, et seq., C.R.S. Pursuant to Section 24-32-1706, annually the City of Fort Collins is offered a portion of the State ceiling as a local government. If the City does not issue bonds or assign bond capacity to an entity for a local project by September 15th annually, the cap automatically reverts back to the state’s pool. Historically, the City has provided this capacity on a first come first serve basis. It has not been uncommon for the City to receive no requests. Because more partners are using programs that can benefit from the lower interest rate that PAB’s offer, the City is establishing this process. B. Purpose: PAB’s allow certain private sector activities to receive lower interest rates. PAB’s may be used for affordable housing development and rehabilitation, specific economic development programs and for industrial development purposes, among other permitted uses. The City will attempt to find local uses for this development tool. C. Communication: Information about the program should be placed on the City’s website (fcgov.com). Consideration for other advertising and communication methods may be appropriate. D. Awarding and Assigning: Awarding PAB and Assigning PAB allocations are different processes. Assigning PAB to another qualified issuer is strongly preferred. This is to reduce the administrative investments and leverage the efficiency of qualified issuers who award PAB’s regularly. If an entity applies for a direct award under the City’s name, staff will attempt to find a qualified issuer that agrees to accept an assignment from the City and issue the PAB under their own authority. 15.3 Packet Pg. 275 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 10 E. Application due date: Written applications to use of Fort Collin’s annual PAB allocation are due to the City’s Chief Sustainability Officer by March 15th. F. Application Elements: a. The following items are required when applying for both assignments and direct awards. i. A request letter signed by applicant describing the project the PAB would be used for and including: the applicant’s name, address, phone, email address, and principal contact. ii. Amount of allocation being requested. iii. Bond counsel firm name, address, phone, email address and principal contact. iv. Description of Applicant’s local projects and years of operation v. Number of years’ entity has been doing business in State of Colorado vi. Provide a Certificate of Good Standing from the Secretary of State’s office. vii. Description of assets to be purchased or constructed and expenses incidental to the project, including the sale of bonds. viii. Explanation of how the project aligns with City objectives. ix. Number of housing units and target demographics x. Statement from competent bond counsel that the project is eligible for qualified private activity bonds. b. The following additional items are required in applications for direct awards of PAB: Debt Information xi. Name, address, phone of principal contact of the proposed underwriter or lender. xii. Anticipated timetable for bond transaction. xiii. Estimated bond redemption and interest payment schedule xiv. Indicate the type of letter of credit or similar instrument, which will back the debt xv. Disclose if the applicant is involved in any litigation which may affect the validity or repayment of the bonds. Financial Information xvi. Audited financial statements for the applicant for the last three years and interim statements for the current year. If not available, please explain why. xvii. Projection of future revenues, expenditures and debt service coverage for the next five years supported by a feasibility study. Other xviii. Describe the arrangements that will ensure compliance with arbitrage reporting and payment requirements. xix. Name, address and principal contact person for applicant’s local bank. 15.3 Packet Pg. 276 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 11 xx. Briefly describe any potential conflicts of interest of personal/ professional/ political relationships between the applicant’s officers and/or directors or applicant’s operations and the City of Fort Collins. xxi. Any other information which provides evidence of the applicant’s ability to repay the bonds and complete the project. Debt Security xxii. All arbitrage calculations and payments must be performed by the trustee under the terms of the trust agreement or by any such other arrangement that will iensure compliance. The City must be provided with copies of 8088- T’s filed with the IRS. xxiii. The private entity must provide the City with information on the status of the debt annually and upon any material event. xxiv. The bond documents must indemnify the City against IRS assessments and legal fees arising from the financing. xxv. The issuer’s agent will be responsible for all continuing disclosure requirements. c. Items missing from application may result in disqualification from consideration. G. Fees: There are no fees for applications that request assignments to another qualifying issuer. However, the following fees apply to applications requesting a direct award of PAB from the City of Fort Collins. a. Issuance fee equal to the greater of: A. 0.25% of the par amount of the debt, or B. $5,000. The fee is capped at $25,000. b. The cost of a review of the financing by an independent fiscal agent (to be selected by the City) c. Any other direct cost incurred by the City related to the financing. d. There will not be additional issuance fees for any amendment or modification of the original transaction even if it requires official action by City Council, except for actual direct costs of the City. H. Review Process a. PAB Committee: Applications will be reviewed by a committee of at least 3 people. Members will include at least one representative each from Social Sustainability, Economic Health and Finance. Representatives from other departments, such as the City Manager’s Office will be added as needed. Service Area Directors will make the necessary appointments to the PAB Committee. b. At a minimum, the following factors should be considered by the PAB Committee when making a recommendation: i. How well the project applied for meets the land use, economic development and/or affordable housing goals of the City of Fort Collins. ii. Project feasibility and timing. iii. Leverage of other investment into the project. iv. Maintenance of or increase in local tax base. 15.3 Packet Pg. 277 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 12 v. Competing uses for the City’s allocation. vi. Whether the City’s allocation should be used in multiple projects. vii. Whether the application should be considered by any City Board or commission. c. The PAB Committee will decide on a recommendation no later than July 1. d. City Council shall approve all PAB assignments or direct awards. The PAB Committee shall submit their recommendations to the City Council no later than August 15. 15.3 Packet Pg. 278 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 3 – General Financial Policies 13 Getting Help Please contact the Controller with any questions at 970.221.6772416.4354. 15.3 Packet Pg. 279 Attachment: Policy 3 - General DRAFT (redline) (9871 : Financial Policies Update) Financial Management Policy 5 Fund Balance Minimums Issue Date: 11/21/17 Version: 54 Issued by: City Council Financial Policy 5 – Fund Balance Minimums 1 5.1 Governmental Funds and Fund Balances To set minimum fund balances so as to mitigate risks, maintain good standing with rating agencies, and ensure cash is available when revenue is unavailable. The policy is sets minimum fund balances, not targets or maximum balances. Each fund should be evaluated by staff to determine the appropriateness of maintaining fund balances above the minimums set in this policy. Contingencies for severe weather, prolonged drought, and anticipated capital spending should be considered independently from this policy. The Equity on balance sheet of a governmental fund is called Fund Balance. The current classifications of Fund Balance in governmental funds are primarily based on the origin of the constraints. The following categories are in decreasing order of constraints. Non-Spendable Permanent endowments or assets in a non-liquid form Restricted Involve a third party: State Legislation or Contractual Agreements Committed Set by formal action of the City Council Assigned By staff, and/or residual balances in a Special Revenue Fund Unassigned Remaining balances in the General Fundgovernmental funds Objective: To set minimum fund balances as to mitigate risk, maintain good standing with rating agencies, and ensure cash is available when revenue is unavailable. The policy sets minimum fund balances, not targets or maximum balances. Each fund should be evaluated by staff to determine the appropriateness of maintaining fund balances above the minimums set in this policy. Contingencies for severe weather, prolonged drought, and anticipated capital spending should be considered independently from this policy. Applicability: Funds—This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library. Authorized by: City Council Resolutions 1994-174, 2008-038, 2014-058, and 2017-101, 2021-XXX. ATTACHMENT 4 15.4 Packet Pg. 280 Attachment: Policy 5 - Fund Balance Minimums DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 5 – Fund Balance Minimums 2 Minimums outlined in section 5.3 relate only to Assigned and Unassigned balances. 5.2 Proprietary Fund and Working Capital Internal Service Funds and Enterprise Funds are accounted for nearly identical to the private sector. The balance sheets include long term assets and long term liabilities. The resulting Equity section on their balance sheet, called Net Position, is not always a good measure of spendable financial resources. To get to spendable financial resources, a common calculation is to take Current Assets and subtract Current Liabilities, with the net result called Working Capital. To further refine, for purposes of this policy, certain required restrictions are further subtracted and result in Available Working Capital. Some examples of required restrictions are unspent monies for Art in Public Places, Water Rights, and existing appropriations for capital projects. The minimums outlined in section 5.53 relate to Available Working Capital. 5.3 Minimum Balances The following Minimum Balances refers to Assigned and Unassigned Fund Balances in governmental funds and Available Working Capital in the Internal Service Funds and Enterprise Funds. A. General Fund 60 Day Liquidity Goal - The Commitment for Contingency should be at least 60 days (17%) of the subsequent year’s originally adopted budgeted expenditures and transfers out. The calculation for the minimum level shall exclude expenditures and transfers out for large and unusual one-time items. Important note – the 60 Day Liquidity Goal is in addition to the Restricted BalanceEmergency Reserves required by Article X, Section 20(5) of the State Constitution. This reserve must equal 3% of non-exempt revenue and can only be used for declared emergencies. Fiscal emergencies are specifically excluded by the State Constitution as qualifying use of this reserve. B. Special Revenue Funds No minimum balance is required. 15.4 Packet Pg. 281 Attachment: Policy 5 - Fund Balance Minimums DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 5 – Fund Balance Minimums 3 C. Debt Service Funds No minimum balance is required. D. Capital Project Funds No minimum balance is required. E. Enterprise Funds Enterprise funds focus on working capital rather than fund balance. Enterprise Funds shall maintain a minimum Available Working Capital equal to 25% of Operating Expenses, less Depreciation. Exception1: In the case of L&P, operating expenses will include purchased renewable energy for resale but will not include regular purchased power for resale (i.e. Platte River Power Authority). Exception 2: In the case of Golf, the minimum fund balance will be 12.5%. Important note – The Water Fund holds a balance for Restricted Water Rights. The balance equals the amount of cash in-lieu-of water rights payments and raw water surcharges less any expenses for acquiring water rights and water storage; The enterprises funds should also be accumulating available working capital above these minimums for the purposes of funding future capital projects. F. Internal Service Funds Each fund is a unique operation and will maintain a minimum Available Working Capital as follows: 601 Equipment Fund 8.3% Of annual operating expenses, excluding depreciation 602 Self-Insurance Fund * 25.0% Of annual operating expenses 603 Data & Communications Fund 0.0% N/A 604 Benefits Fund 30.0% Of annual medical and dental expenses 605 Utility Customer Service Fund 0.0% N/A * Self Insurance Fund will be measured against Available Unrestricted Net Position instead of Available Working Capital. 15.4 Packet Pg. 282 Attachment: Policy 5 - Fund Balance Minimums DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 5 – Fund Balance Minimums 4 5.4 Below Minimum When circumstances result in balances below the minimum, staff should develop a plan to restore minimums fund balances and present it to Council Finance Committee. 15.4 Packet Pg. 283 Attachment: Policy 5 - Fund Balance Minimums DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 5 – Fund Balance Minimums 5 Definitions Non Spendable Fund Balances: Applicable to governmental funds. Permanent endowments or assets in a non-liquid form such as long term inter-agency loans. Restricted Fund Balances: Applicable to governmental funds. Involve a third party such as State Legislative requirements, voter ballot language, or the Contractual Agreements with parties external to the City. Committed Fund Balances: Applicable to governmental funds. Involve a of formal action by the City Council. An example is traffic calming revenues are required to be spent on traffic calming activities. Any unspent monies at end of year are classified as Committed to Ttraffic Ccalming in the General Fund. Assigned Fund Balances: Are applicable to governmental funds. Assignments can be made by senior management. They represent the intent to use the monies for a specific purpose. An example of this it this the one time Harmony Road monies transferred by the State to the City. Although required to be used on Harmony Road, staff intends to use the monies only on Harmony Road improvements. These monies are considered when measuring compliance with minimum fund balances. Unassigned Fund Balances: Are applicable only to the General governmental Fundfunds. These monies are considered when measuring compliance with minimum fund balances. Working Capital: Is a term applicable to Internal Service and Enterprise Funds. It is the difference between Current Assets and Current Liabilities. Not all Working Capital is available. Available Working Capital does not include Restrictions for debt, Art in Public Places, approved capital appropriations, and other restrictions. Unrestricted Net Position: Is a term applicable to Internal Service and Enterprise Funds. Not all Unrestricted Net Position is available. Available Unrestricted Net Position does not include unused Art in Public Places monies, approved capital appropriations, and other commitments. Liquidity: Assets range from cash to land. The more easily and quickly an asset can be converted to cash determines its relative liquidity. Reserves: A legacy term that previously referred to fund balances, or fund balances set aside for a specific purpose. It is no longer used on financial statements. Fund Balance: Is a term applicable to Ggovernmental Ffunds. Fund balance or Equity is the difference between Assets assets ,and Liabilitiesliabilities, deferred outflows of resources and deferred inflolows of resources. Since governmental funds do not have long term assets and long term debt on their balance sheet, fund balance is similar and approximates working capital in the private sector and enterprise funds. 15.4 Packet Pg. 284 Attachment: Policy 5 - Fund Balance Minimums DRAFT (redline) (9871 : Financial Policies Update) Financial Policy 5 – Fund Balance Minimums 6 Getting Help Please contact the Controller with any questions at 970.221.6772. 15.4 Packet Pg. 285 Attachment: Policy 5 - Fund Balance Minimums DRAFT (redline) (9871 : Financial Policies Update) -1- RESOLUTION 2021-010 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDMENTS TO THE CITY’S FINANCIAL MANAGEMENT POLICIES WHEREAS, City Council has adopted Financial Management Policies for the City pursuant to Resolution 94-174, which contemplates that City Council may adopt amendments to them , which the Council has done several times over the years (collectively, the “Financial Policies”); and WHEREAS, the City’s Chief Financial Officer and City Manager are recommending amendments to four of the current Financial Policies; and WHEREAS, the City is committed to sound and efficient financial planning and management consistent with the best practices as established by the Government Financial Officers Association (“GFOA”); and WHEREAS, “Financial Management Policy 1 - Budget Policy,” with its recommended amendments, is attached and incorporated by reference as Exhibit “A” (the “Budget Policy”); and WHEREAS, the Budget Policy is being recommended for amendment to change the word “citizen” to “resident, acknowledge the exception of a one-year budget in fiscal years 2021 and 2022, and clarify what the City Manager and Chief Financial Officer are able to do with budget transfers; and WHEREAS, “Financial Management Policy 2 – Revenue,” with its recommended amendments, is attached and incorporated herein by reference as Exhibit “B” (the “Revenue Policy”); and WHEREAS, the Revenue Policy is being recommended for amendment to update it to reflect the current process used for establishing fees, update tax tables to reflect new sales and use taxes effective January 1, 2021, change the name of the currently titled “2.5 Private Contributions” to better align across all policies, including with “Financial Policy 52 - City Give Financial Governance Policy,” and expand this section to discuss accountability and transparency associated with philanthropic gifts; and WHEREAS, “Financial Management Policy 3 – General Financial Policies,” with its recommended amendments, is attached and incorporated by reference as Exhibit “C” (the “General Financial Policies”); and WHEREAS, the General Financial Policies are being recommended for amendment to clean up language and update contribution and vesting terms for the 401(a) and 457 plans, add language regarding establishing rules for funds and update the list of funds, and updates regarding charitable giving to be consistent with the City Give policies; and Packet Pg. 286 -2- WHEREAS, “Financial Management Policy 5 – Fund Balance Minimums,” with its recommended amendments, is attached and incorporated by reference as Exhibit “D” (the “Fund Balance Policy”); and WHEREAS, the Fund Balance Policy is being recommended for amendment to correct wording under fund types for the type of funds able to carry an unassigned balance, correct a section reference and clarify that the 60-day Liquidity Goal is not a restricted balance, but an emergency reserve; and WHEREAS, the Council Finance Committee has reviewed the Budget Policy, the Revenue Policy, the General Financial Policies and the Fund Balance Minimum Policy, as they have been amended, and voted to recommend that City Council approve each of them; and WHEREAS, the City Council wishes to amend the Financial Polices, as most recently updated by Council on November 21, 2017, in Resolution 2017-101, by adopting the Budget Policy, the Revenue Policy, the General Financial Policies and the Fund Balance Policy, to now read as shown in Exhibits “A,” “B,” “C” and “D,” respectively, in pursuit of the City’s objectives of sound and efficient financial planning and management consistent with GFOA’s best practices. 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 Council hereby approves and adopts the Budget Policy, the Revenue Policy, the General Financial Policies and the Fund Balance Policy, as amended by this Resolution, to now read as shown in Exhibits “A”, “B,” “C” and “D,” respectively. Section 3. That except for the amendments of the four Financial Policies as provided in this Resolution, all other Financial Policies shall remain unchanged and in full force and effect until the same are amended or repealed by subsequent action of the City Council. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of January, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 287 Financial Management Policy 1 Budget Policy Issue Date: 10/19/20 Version: 4 Issued by: Budget Director Financial Policy 1 – Budget 1 1.1 Overview The Fort Collins City Charter establishes time limits and the essential content of the City Manager’s proposed budget, however the budget preparation process is not prescribed, but is developed by the City Manager with input from the City Council. The fiscal year of the City is the calendar year. The City may adopt budgets for a budget term of one fiscal year or more. After the Charter amendment in 1997 allowing the City Council to set by ordinance a budget term to be more than one fiscal year, the Council has adopted two-year budgets that correspond with the election cycle, with the recent exception of having a one-year budget for fiscal years 2021 and 2022 due to the COVID pandemic. The budget is a 2-year plan by which the City Council sets the financial and operational priorities for the City - through the budget, services are implemented. The budget along with the annual appropriation ordinance provides the basis for the control of expenditures. T he State Constitution and the City Charter provide the basic legal requirements and timelines for the process. Council goals, ordinances and resolutions provide additional direction and respond to the needs of the community. 1.2 Principles for Budget Planning The City provides a wide variety of services to the residents of the community. It is in the power of the City Council to adopt a budget and manage the available resources to best meet the service needs for the overall good of the community (Charter Article II, Section 5 (c)). Objective: Governments allocate scarce resources to programs and services through the budget process. As a result, it is one of the most important activities undertaken by governments. The purpose of this policy is to establish parameters and provide guidance governing the budget for the City of Fort Collins (City). Applicability: This budget policy applies to all funds and Service Areas of the City. Authorized by: City Council Resolution 2014-058, 2017-101, 2021-XXX EXHIBIT A A Packet Pg. 288 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 2 In 2005 the City Council, on recommendation from the City Manager, endorsed the Budgeting for Outcomes (BFO) budget process. At a high level, the budgeting for outcomes methodology can be summarized as: 1. Determine how much money is available. The budget should be built on expected revenues. This would include base revenues, any new revenue sources, and the potential use of fund balance. 2. Prioritize results. The results or outcomes that matter most to residents should be defined. Elected leaders should determine what programs are most important to their constituents. 3. Allocate resources among high priority results. The allocations should be made in a fair and objective manner. 4. Conduct analysis to determine what strategies, programs, and activities will best achieve desired results. 5. Budget available dollars to the most significant programs and activities. The objective is to maximize the benefit of the available resources. 6. Set measures of monthly progress, monitor, and close the feedback loop. These measures should assign monthly budget, spell out the expected results and outcomes and how they will be measured. 7. Check what actually happened. This involves using performance measures to compare actual versus budgeted results, and financial measures for budget versus actual results on a monthly basis. 8. Communicate performance results. Internal and external stakeholders should be informed of the results in an understandable format. At that time, the City Council also identified the key outcomes it believed should be used in the new budget process. In addition, the 2005-2007 Policy Agenda sets forth the implementation and continued improvement of the collaborative budget process, alig ning spending with desired outcomes. In 2012, the City Council passed resolution 2012-076 promoting improved results through performance measures and data-driven decision making. In reference to the budget, an outcome-based performance measurement system will help ensure that available resources are used to achieve excellent results at low cost to the taxpayers and will enhance the resident’s understanding of the City and the services it provides. 1.3 Scope A. Comprehensiveness The proposed budget shall provide a complete financial plan for each fund of the City and shall include appropriate financial statements for each type of fund showing comparative figures for the last completed fiscal year, comparative figures for the current year, and the A Packet Pg. 289 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 3 City Manager's recommendations for the ensuing budget term (City Charter Article V, Part 1, Section 2). In addition, the City of Fort Collins Budget Document may include items such as: 1) Statement of organization-wide strategic goals. 2) A description of the budget process, including a timeline. 3) A Glossary of Budget Terms. 4) A City of Fort Collins organizational chart. 5) Letter from the City Manager. 6) Budget Overview which may include: a) The economic outlook; b) Revenue assumptions; c) Summary of use of reserves; d) Budget priorities and highlights. 7) Copy of signed appropriation ordinance and a schedule of 2nd year proposed appropriations. 8) Revenue, expense and changes in fund balance summaries. 9) Summary of employee full-time equivalent staffing by service area and department. 10) A section for each of the key strategic Outcomes, which may include: a) Information indicating how the Offers in the Outcome are funded, by fund; b) Major key purchases; c) Major enhancements purchased; d) Detailed listing of all offers funded and unfunded; e) Strategic objectives of the Outcome. 11) Fund Statements. 12) Overview of debt position. 13) Current Capital Improvement Plan. 14) Summary of changes to user fees. 15) Summary of property tax mill levy and assessments. The annual appropriation ordinance shall also include the levy in mills, as fixed by the Council, upon each dollar of the assessed valuation of all taxable property within the city, such levy representing the amount of taxes for City purposes necessary to provide, during the ensuing fiscal year, for all properly authorized expenditures to be incurred by the City, including interest and principal of general obligation bonds. If the Council fails in any year to make said tax levy as above provided, then the rate last fixed shall be the levy fixed for the ensuing fiscal year and the Financial Officer shall so certify (Charter Article V, Section 5). B. Budget Form The City of Fort Collins uses the Budgeting For Outcomes model to create the City budget. A new budget is designed from the ground up based on the results desired in each of the Outcomes defined by the City. The BFO budget-building process includes four steps: 1) Determine how much revenue will be available (the price people pay); A Packet Pg. 290 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 4 2) Determine the priorities of the City and its residents and the results to be achieved; 3) Allocate the revenue needed to achieve the desired results; 4) Determine which budget items will best produce the desired results at the price allocated. C. Basis of Budgeting All budgetary procedures conform to the City Charter and Code, state regulations and to generally accepted accounting principles. The basis or principle used for budgeting is the same as that used for accounting, with a few exceptions, and varies according to the fund type. Governmental Funds use the modified-accrual basis of accounting. This means that revenues are recognized when they are earned, measurable and available. Expenditures are recognized in the period that liabilities are due and payable. The budgetary basis is the same and is used in the General Fund, Special Revenue and Debt Service Funds, and Capital Project Funds. Proprietary and Fiduciary Funds use the full accrual basis of accounting. Revenues are recognized when they are earned and expenses are recognized when liabilities are incurred. However, the budgetary basis in these funds is primarily based on the modified-accrual approach. Instead of authorizing budget for depreciation of capital assets, the budget measures and appropriates cash outflows for capital acquisition and construction, which is a modified-accrual approach. In full accrual based accounting debt proceeds are recorded as liabilities rather than a revenue (funding source). For these reasons, a reconciliation and adjustment is made on these fund statements to show the difference between the budgetary basis and the accounting basis. D. Budget Calendar The fiscal and accounting year shall be the same as the calendar year. "Budget term" shall mean the fiscal year(s) for which any budget is adopted and in which it is to be administered. Council shall set by ordinance the term for which it shall adopt budgets (Charter Article V, Section 1). On or before the first Monday in September, commencing in 2010 and every other year thereafter, the City Manager shall file with the City Clerk a proposed budget for the City for the ensuing two-year term (Charter Article V, Section 2). The Council shall, within ten (10) days after the filing of said proposed budget with the City Clerk, set a time certain for public hearing and cause notice of such public hearing to be given by publication. At the hearing, all persons may appear and comment on any or all items and estimates in the proposed budget. Upon completion of the public hearing the Council may revise the budget estimates (Charter Article V, Section 3). After said public hearing and before the last day of November preceding the budget term, the Council shall adopt the budget for the ensuing term. The adoption of the budget shall be by A Packet Pg. 291 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 5 ordinance. Before the last day of November of each fiscal year, the Council shall appropriate such sums of money as it deems necessary to defray all expenditures of the City during the ensuing fiscal year. The appropriation of funds shall be accomplished by passage of the annual appropriation ordinance. Such appropriation of funds shall be based upon the budget as approved by the Council but need not be itemized further than by fund with the exception of capital projects and federal or state grants which shall be summarized by individual project or grant (Charter Article V, Section 4). Appropriations for each year of the two-year budget will be approved by the City Council annually. Appropriations for the 2nd year of the biannual budget are adopted during the budget revision process. That process allows for adjustments to the originally adopted biennial budget that address new Council priorities or support changing needs based on economic conditions. The City Manager may present any budget adjustment recommendations to the City Council in Work Sessions and then Council may amend the budget and, as required by the City Charter, appropriate or authorize expenditures for the coming fiscal year. 1.4 Roles and Responsibilities All powers of the City and the determination of all matters of policy are vested in the Council except as otherwise provided by the Charter. Without limitation of the foregoing, the Council has the power to adopt the City’s budget. The City Manager is responsible to the Council for the proper administration of all affairs of the City and to that end has the power and is required to prepare the budget and submit it to the Council and be responsible for its administration after adoption. The City Manager and Chief Financial Officer, along with the other executive directors, known as the Budget Lead Team (BLT), develop the guidelines, consistent with the policies, to be used for budget preparation. During the development of the budget, various department and division representatives may be called upon to provide their expertise. From April through June, City staff from all departments and divisions prepares the Offers (budget requests) for inclusion in the budget. 1.5 Budgeting Control System No appropriation may be made by the Council which exceeds the revenues, reserves or other funds anticipated or available at the time of the appropriation, except for emergency expenses incurred by reason of a casualty, accident or unforeseen contingency arising after the passage of the annual appropriation ordinance (Charter Article V, Section 8 (a)). A Packet Pg. 292 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 6 Control of expenditures is exercised at the fund level. Fund managers are responsible for all expenditures made against appropriations within their fund and can allocate available resources within the fund. All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except for: • appropriations for capital projects do not lapse until the completion of the capital project; and • federal or state grants do not lapse until the expiration of the federal or state grant (Charter Article V, Section 11). A. Budget Transfers Between Funds or Capital Projects During the fiscal year, the Council may, by ordinance, upon the recommendation of the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project account to another fund or capital project account provided that: 1) the purpose for which the transferred funds are to be expended remains unchanged; 2) the purpose for which the funds were initially appropriated no longer exists; or 3) the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance (Charter Article V, Section 10 (b)). Within a Fund Budget control is maintained at the departmental level. The City Manager may, during the fiscal year, transfer any unexpended and unencumbered appropriated amount within the same fund (Charter Article V, Section 10(a)). The Chief Financial Officer also has the authority to approve departmental expenses greater than the budget for that department so long as the overall expenses in the fund serving that department are less than the budgeted amount for the fund. In no case may the total expenditures of a particular fund exceed that which is appropriated by the City Council (Charter Article V, Section 8(b)). B. Applicable Amendments to the Budget Budget Increases There generally are four opportunities during the fiscal year for supplemental additions to the current year annual appropriation approved by Council: A Packet Pg. 293 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 7 1) The first is through the encumbrance carry-forward process whereby approved purchase orders that cannot be executed prior to the end of the fiscal year will have available budget carried forward into the new year. 2) The second is usually adopted in March/April to re-appropriate funds from the previous year’s ending balance for projects or obligations that were approved but not completed during that year. 3) The third opportunity in the 2nd half of the year is used to fine-tune (clean-up) the current fiscal year for previously unforeseen events. In addition, if revenue is received during the fiscal year from a source that was not anticipated at the time of budget adoption or appropriation for the fiscal year, such as grants or implementation of a new fee, Council may appropriate that unanticipated revenue for expenditure when received anytime during the year. 4) Lastly, the Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, shall not exceed the then current estimate of actual and anticipated revenues to be received by the city during the fiscal year. This provision shall not prevent the Council from appropriating 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 (Charter Article V, Section 9). Budget Decreases/Frozen Appropriations The budget may be decreased below adopted appropriations during the fiscal year due to changes in service demand, changes in economic conditions, and/or changes in Council goals. Each service area is responsible for developing a plan to reduce appropriati ons, which will be ready for implementation should the need arise. If the City Manager directs budget reductions, Council will be informed and the appropriations will be “set aside” through administrative action. While the appropriation amount is not changed, expenditures shall not exceed the reduced amount recommended by the City Manager. C. Order of Funding when Multiple Funding Sources Available Sometimes a given project or program has multiple sources of funding available. Examples of such projects include but are not limited to grant funded projects, jointly funded projects/programs between governmental and proprietary funds, or projects/programs where both dedicated tax and/or fee revenues and General Fund tax revenues are available. Unless stated otherwise within the authorizing ordinance, budget offer, or a contractual agreement, funding sources will be applied in the order of most-constrained to least- constrained in the judgment of City staff. For example, a project jointly funded by the A Packet Pg. 294 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Policy 1 – Budget 8 General Fund and the Natural Areas Fund would first fund project spending using all available and appropriated Natural Areas revenues prior to spending appropriated General Fund revenues. This is in an effort to maximize the benefit of available sources in accordance with the principles described in section 1.2 above. 1.6 Balanced Budget Definition All funds are required to balance. As such, total anticipated revenues must equal the sum of budgeted expenditures for each fund. Revenues are derived from two sources: current revenue charges and unallocated reserves carried forward from prior years. 1.7 Contingency Planning for Unanticipated Revenue Shortfalls During times when the City experiences significant unanticipated revenue shortfalls, a contingency plan will be developed that outlines the necessary steps to align expenditures to meet the actual revenue received. The contingency plan will target the funds being impacted by the revenue shortfall. In general, the priority order of the steps in our contingency methodology are: • Align ongoing expenditures with anticipated ongoing revenue • Sweep vacancy savings and non-service related savings such as fuel or utilities if under budget • If a Contingency Reserve has been established, utilize a portion of that reserve • Develop a stop doing list utilizing the drilling platform prioritization. • At a Service Area level, reduce expenditures related to o discretionary expenditures o new hires/vacancies (postponement of posting positions) o travel and training o reduced levels of support to programs A Packet Pg. 295 Attachment: Exhibit A (9859 : Financial Policies Update RESO) Financial Management Policy 2 Revenue Issue Date: Version: 4 DRAFT Issued by: Revenue and Project Manager Financial Policy 2 – Revenue 1 2.1 Limitations under TABOR (Taxpayer Bill of Rights) A. Background The City of Fort Collins’ revenue and expenditures are limited by Colorado’s Taxpayer’s Bill of Rights in Article X, Section 20 of the Colorado Constitution (TABOR). While TABOR limits both revenue and expenditures, its primary application is in limiting revenue collections. Growth in revenue is limited to the increase in the Denver-Boulder-Greeley Consumer Price Index plus local growth (new construction and annexation). This percentage is added to the preceding year’s revenue base, giving the dollar limit allowed for revenue collection in the ensuing year. Any revenue collected over the limit must be refunded to the residents unless the voters approve the retention of the excess revenue. Federal grants or gifts to the City are not included in the revenue limit. City enterprises (electric, water, wastewater and stormwater utilities) are also exempt from the imposed limits. In 2003, the Golf Fund revenue sources was considered for enterprise status for purposes of TABOR. Objective: Monitoring and controlling revenues is important to the City of Fort Collins. Through its revenue policy, the City primarily aims to maintain a diversified revenue system which will protect it from possible short-term fluctuations in any of its various revenue sources. To accomplish this, revenues are monitored on a continuous basis. An understanding of the economic and legal factors which directly and indirectly affect the level of revenue collections is an important part of the City’s revenue policy. Applicability: This policy applies to all City Revenues. This policy does/does not apply to or govern revenues generated by City-owned general improvement districts, DDA, URA, PFA or Library District. Authorized by: City Council, Resolutions 1994-174, 2013-093, 2016-096, 2021-XXX EXHIBIT B B Packet Pg. 296 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 2 B. ‘De-Brucing’ In November 1997, Fort Collins’ voters approved a ballot measure that allows the City to retain revenues that exceed the growth limit imposed by TABOR. The measure specified that any retained revenues over the growth limit must be used for certain designated purposes. • Public Health and Safety (including, but not limited to, environmental monitoring and mitigation) • Transportation • Growth Management • Maintenance and Repair of Public Facilities C. TABOR Notice for New Tax or Tax Increase • Develop revenue forecasts that are reasonable and factor in the implications of over collection. • Review these forecasts with the appropriate leadership staff. D. Monitor New Tax Revenue • Staff will monitor actual revenue against the forecast revenue disclosed in the TABOR notice. • In the second year, confirm first years’ actual revenue to forecast and determine if any action is needed. Provide a report to the City Council with results and any recommended action. E. TABOR Legislation and Judicial Decisions Staff shall monitor new TABOR legislation, judicial decisions and actions taken by other governments to see if they affect the City. This will include working with the City’s outside consultants, such as special bond counsel and CML. When such matters are discovered affecting the City, staff will confer to determine what actions, if any, the City should take in response. F. Documentation of ‘Fiscal Year Spending’ under TABOR Although the City has de-Bruced, current interpretations of TABOR section 20(3)(c) merits the need for the ongoing calculation of “fiscal year spending”. Staff will maintain and update records annually to calculate the City’s fiscal year spending under TABOR . These records shall be kept for at least six years. Also, documentation shall be kept current that defines which related agencies, funds and types of revenues are required under TABOR to be included in fiscal year spending and those that can be excluded. B Packet Pg. 297 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 3 2.2 Revenue Review, Objectives and Monitoring A. Review and Projections The City reviews estimated revenue and fee schedules as part of the budget process. The major revenue sources in the General Fund are sales and use tax, property tax, lodging tax, intergovernmental revenues, fines and forfeitures, user fees and charges, and transfers from other funds. Conservative revenue projections are made for the budget term. The projections are monitored and updated as necessary. B. Principles The City has established six (6) general principles that will be used to guide decisions on revenue: 1. Develop and maintain stable revenue sources. The City will strive to maintain stable revenue sources by: a. Targeting revenue sources with minimal volatility b. Monitoring current revenue sources for variability c. Adjusting forecasts as necessary to accommodate unanticipated increases and declines d. Monitoring and adjusting expenditures for unanticipated revenue gains/losses 2. Develop and maintain a diverse revenue base. For all general government operations, the City will strive to maintain diverse revenue sources. The City recognizes that becoming too dependent upon one revenue source would make revenue yields more vulnerable to economic cycles. Therefore, the City will strive to maintain diverse revenue sources by: a. Targeting revenue from multiple sources b. Working to expand fee based revenue where possible c. Working to minimize overdependence on any single revenue source d. Staff will monitor dependency on sales and use tax to ensure an over reliance does not occur 3. Cultivate revenue sources that are equitable among residents of different economic levels. The City will strive to preserve a revenue stream that does not overburden low income residents by: a. Providing low income residents with opportunities to participate in programs through reduced fee structures and scholarships b. Providing a Sales Tax on Food and Utility rebate to lessen the burden of taxes and fees on low income residents c. Ensuring fees do not exceed cost to provide service B Packet Pg. 298 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 4 4. Generate adequate revenue to maintain service levels in line with resident expectations. The City will generate adequate revenue to maintain core service levels by: a. Ensuring fees for service do not exceed cost to provide service b. Maintaining a cost recovery model c. Monitoring service level performance annually through the Community Scorecard d. Regularly reviewing services to assess core vs. desired 5. Maintain healthy reserves. The City will maintain healthy reserves by: a. Adhering to State mandated reserve and internal reserve policies b. Maintaining a Tabor (State) reserve for the General Fund of 3% or more of the City’s fiscal year spending c. Meeting City policy for the General Fund of an additional contingency of 60 days or 17% of next year’s adopted budgeted expenditures 6. Fees for Services are fairly born by those who use those services. C. Monitoring In an annual summary financial report the major sources revenue and the associated percentages will be reviewed by the Council Finance Committee. 2.3 Fee Policy As a home rule municipality, the City of Fort Collins has the ability to determine the extent to which fees should be used to fund City facilities, infrastructure and services. There are two kinds of fees that the City may establish: Impact Fees and Special Service Fees. Impact fees are typically one-time charges levied by the City against new development. Impact fees are based on current levels of service and act as a buy-in method for new development. The revenue can only be used for capital infrastructure needs created by the impact of the new development. However, the City may and does employ other methodologies legally available to calculate its impact fees. Special service fees are charges imposed on persons or property that are designed to defray the overall cost of the particular municipal service for which the fee is imposed. This Policy sets forth principles for identifying: (1) the kinds of services for which the City could appropriately impose fees; (2) methods for calculating the percentage of costs to be recovered by such fees; and (3) the manner in which the fees should be allocated among individual fee payers. A. Fees should be cost related B Packet Pg. 299 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 5 The amount of a fee should not exceed the overall cost of providing the facility, infrastructure or service for which the fee is imposed. Cost may include direct and indirect costs. That is: 1. Costs which are directly related to the provision of the service; and, 2. Support costs which are more general in nature but provide support for the provision of the service. B. Percentage of cost recovery The extent to which the total cost of service should be recovered through fees depends upon the following factors: 1. The nature of the facilities, infrastructure or services. In the case of fees for facilities, infrastructure as well as governmental and proprietary services, total cost recovery may be warranted. In the case of governmental services, it may be appropriate for a substantial portion of the cost of such services to be borne by the City’s taxpayers, rather than the individual users of such services. 2. The nature and extent of the benefit to the fee payers. When a particular facility or service results in substantial, immediate and direct benefit to fee payers, a higher percentage of the cost of providing the facility or service should be recovered by the fee. When a particular facility or service benefits not only the fee payer but also a substantial segment of the community, lower cost recovery is warranted. 3. The level of demand for a particular service. Because the pricing of services can significantly affect demand, full cost recovery for services is more appropriate when the market for the services is strong and will support a high level of cost recovery. 4. Ease of collection. In the case of impact fees, ease of collection is generally not a factor. In the case of fees for services, however, such fees may prove to be impractical for the City to utilize if they are too costly to administer. C. Establishment and Modification of Fees and Charges The following Impact Fees imposed by the City are established by the City Council by ordinance and may be modified only by ordinance of the City Council. 1. Six Capital Expansion Fees: Transportation, Neighborhood Park, Community Park, Fire, Police and General Government 2. Five Utility Fees: Water Supply Requirement, Electric Capacity, Sewer Plant Investment, Stormwater Plant Investment, Water Plant Investment Fee updates occur on a regular two and four-year cadence and fee updates occur together to provide a more holistic view of the impact of any fee increases. Detailed fee study analysis for all six Capital Expansion Fees occurs every four years. This requires B Packet Pg. 300 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 6 an outside consultant through a request for proposal (RFP) process where data is provided by City staff. Findings by the consultant are also verified by City staff. For Utility Fees, a detailed fee study is planned every two years. These are internal updates by City staff with periodic consultant verification. Fee study analysis will be targeted in the odd year before Budgeting for Outcomes (BFO). In years without an update, an inflation adjustment occurs. The amounts of all other service and administrative fees may be determined by the City Manager as provided in City Code Chapter 7.5, Article I, absent any provision of the City Charter the contrary. Development Review/Building Fees follow the same four-year cadence as the Capital Expansion Fees. All fee revenues will be estimated by the City Manager and submitted to the City Council as part of the City Manager’s recommended budget. D. Rebate Programs If the amount of a particular fee is considered to be too high to accommodate the needs of particular segments of the community and the public interest would be served by adjusting the amount or manner of payment of such fees in particular instances, the amount of the fee may be waived, rebated, or deferred as appropriate. In the case of fees established by ordinance, the criteria for waiving, rebating, or deferring payment of such fees shall be established by the City Council by ordinance. 2.4 Sales and Use Tax Distribution Sales and Use Tax shall be used and accounted for as intended by the voters. Details of how the different segments of sales and use tax are used are outlined in the City Code Chapter 25. The following is a summary for informational purposes only. The City's Sales and Use Tax currently totals 3.85 cents on a $1.00 purchase, developed as follows: In effect through December 31, 2020 1968 - General City uses 1.00 cent 1980 - General City uses 1.00 cent 1982 - General City uses 0.25 cent 2015 - Street Maintenance 0.25 cent* 2015 - Community Capital Improvement Program 0.25 cent* 2006 - Natural Areas & Open Space 0.25 cent* 2011 - Keeping Fort Collins Great 0.85 cent** 3.85 cents * Excludes sales and use tax on grocery food for home consumption ** Excludes sales and use tax on grocery food for home consumption and manufacturing equipment B Packet Pg. 301 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 7 Taxes effective beginning January 1, 2021 Begin Through Uses Rate per $1.00 1968 No end General City Purposes 1.00 cent 1980 No end General City Purposes 1.00 cent 1982 No end General City Purposes 0.25 cent 2016 2025 Street Maintenance 0.25 cent * 2016 2025 Community Capital Improvement Program 0.25 cent * 2006 2029 Natural Areas & Open Space 0.25 cent * 2021 No end General City Purposes 0.60 cent ** 2021 2030 General City Purposes 0.25 cent ** 3.85 cents * Excludes sales and use tax on grocery food for home consumption ** Excludes sales and use tax on grocery food for home consumption and manufacturing equipment B Packet Pg. 302 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 8 2.5 Philanthropic Contributions The City of Fort Collins (City) will pursue philanthropic support consistent with the City’s goals and objectives, and in the best interests of Fort Collins residents. The City will always consider the public trust and comply with all applicable laws when soliciting and accepting philanthropic donations. Strong oversight of philanthropic gifts is a priority, and the City has created multiple layers of accountability and transparency for donated funds and the projects receiving donated funds. Charitable gifts to the City can only be used for the intended purpose designated by donors. Charitable gifts to the City delivered directly into the budgets of benefiting projects, and can’t be redirected by elected officials or City staff. TheCity reserves the right to decline any charitable gift if, upon review, acceptance of the donation offer is d etermined in the sole discretion of the City not to be in the best interests of the City. In 2019, the City of Fort Collins adopted Administrative Policy 52-City Give to create standards and protocols for the acceptance and governance of charitable gifts, and for the orchestration of philanthropic practices. Additionally, the City adopted Finance Governance Policy to establish protocols for City Give, staff and officials regarding the acceptance and documentation of philanthropic gifts, and procedures to responsibly and efficiently manage charitable gifts. B Packet Pg. 303 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Policy 2 – Revenue 9 Getting Help Please contact the Revenue and Project Manager with any questions at 970.221.6626. Related Policies/References City Code Chapter 25 Taxation, Article III Sales & Use Tax City Code Chapter 26 Utilities Administrative Fee Definitions Governmental Services: services provided by the City for the public good such as regulating land use, maintaining streets, and providing police and fire protection. Impact Fees: usually one-time charges, levied by the City against new development to offset the impacts of the new developments Proprietary Services: services provided for the benefit and enjoyment of the residents of the City, at their discretion, such as parks and recreation services Rebate: a return of a portion of a fee within a specified time. Unlike a waiver or discount, the rebate is given after the fee has been paid in full Special Service Fee: charges imposed on persons or property that are designed to defray the overall cost of the particular municipal service for which the fee is imposed Waiver: when a portion of a fee is reduced before being paid by a buyer B Packet Pg. 304 Attachment: Exhibit B (9859 : Financial Policies Update RESO) Financial Management Policy 3 General Financial Policies Issue Date: 11/21/17 Version: 5 Issued by: City Council Financial Policy 3 – General Financial Policies 1 3.1 Administrative Charges Certain General Fund departments render services to departments in other funds and shall be equitably apportioned to those other funds. General Fund departments that do not have a direct billing mechanism shall have their costs allocated using the formula outlined in this section to other funds, and provide offsetting revenue in the General Fund. A. General Fund Departmental Costs to be Allocated Certain General Fund departmental costs to be allocated include City Council, City Manager, City Clerk, City Attorney, Human Resources, and Finance. Any services in these departments which are funded by user fees or dedicated revenues are excluded from the allocation. The amount of costs to be allocated is the current adopted budget for each of the departments listed above less user fees and dedicated revenue. With a multi-year budget, the charge to each fund is increased by a determined percentage for the second future year and then adjusted to the actual calculation with the next multi-year budget. B. How Costs Are Allocated The Human Resources costs are allocated on a prorated basis to funds based on the total number of budgeted full-time-equivalent positions in each fund. Objective: To outline the method and principles for allocation Administrative Charges; establishing the parameters for the Medical and Retirement Program; Fund Organization; Cost Recovery and Fee Setting; and Capital Improvement Program. Applicability: This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library. Authorized by: City Council Resolution 2006-006, 2015-055, 2017-101, 2021-XXX EXHIBIT C C Packet Pg. 305 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 2 All other General Fund administrative costs are allocated on a prorated basis to the funds based upon adjusted expenditure budgets for the current year. Adjustments are made to recognize the lower amount of administrative services required for Capital, Debt Service, and Purchased Power payments. Capital project budgets are reduced by two-thirds and averaged over three years. Debt Service budgets are reduced by three- fourths and the entire Purchased Power budget is deducted from the Light & Power budget. C. All Funds Receive Allocations but Not All Funds Are Charged While Administrative Charges are allocated among all City funds, only specified funds are charged. Charges are not made to a fund if it is not self-supporting, it is a Governmental Internal Service fund, or if the funds role is merely to facilitate proper accounting procedures. For example, the Sales and Use Tax fund and Debt Service fund receive amounts which are then transferred to other funds. Charging these funds would lead to double charging many transactions and would not correspond to the level of service provided by the departments in the General Fund. D. Review During each budget process, the Administrative Charge calculation will be reviewed by the Budget Office. Minor refinements in the allocation formulas are made as needed. Significant changes will be brought to the City Council for approval to assure that the equitable apportionment meets requirements of the Code/Charter. 3.2 Medical Insurance and Retirement Plan A. Medical Insurance In 1981, the City of Fort Collins set up a partially self-funded medical insurance program. The objective of a self-funding program is to reduce the cost of medical insurance by assuming the risk for certain plan expenses. Assuming a portion of the risk lowers the amount of charges compared to a conventional full insurance plan Historically, the City has found this funding method to be a cost-effective means of providing a very desirable employee benefit. To administer the self-funded and insured portions of the medical insurance plans, the City conducts a competitive proposal process every five years or more often if required. The insurance contracts are reviewed annually for both performance and cost. The types of services contracted for include plan administrative services, stop-loss protection against larger claims, life and accidental death and dismemberment insurance, and long-term disability coverage. C Packet Pg. 306 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 3 B. Retirement Programs The City of Fort Collins contributes to two types of retirement plans: a Defined Benefit Plan and Defined Contribution Plans. 1. Defined Benefit Plan - the General Employees Retirement Plan (Plan). The pension plan is closed to new participants as of 1/1/1999. The Plan document approved by the City Council outlines the details of the program. A Board meets monthly to oversee the program. Board members, in consultation with annual actuary report and other information, make recommendations to City Council for any plan changes that may be needed from time to time. The Plan currently calls for the employer (City) to contribute 10.5%. Because the plan is underfunded, a Supplemental Contribution is made at a fixed dollar amount each year. The Supplemental amount is reevaluated every 2 years in conjunction with the budget cycle and based on the latest actuarial valuation report. 2. 401(a) and 457 Money Purchase Plans. Also known as Defined Contribution Plans, the contribution rates are as follows: 401 a 457 Employee Group Employer Employee Waiting Employer Employee Waiting Classified Employees 6.5% 3.0% 6 months 0.0% optional no wait Classified Employees hired on or before 3/31/07 7.5% 3.0% 6 months 0.0% optional no wait Unclassified Management 6.5% 6.0% no wait 0.0% optional no wait Unclassified Management hired on or before 3/31/07 7.5% 6.0% no wait 0.0% optional no wait Direct Reports of City Council 10.0% 0.0% no wait match up to 3% optional no wait Service Area Directors 10.0% 0.0% no wait match up to 3% optional no wait Police & Dispatch (per union agreement) * 10.5% 8.5% no wait match up to 3% optional 6 months for match Community Service Officer 8.0% 3.0% 6 months 0.0% optional no wait * All employee groups vest immediately, except Police and Dispatch who follow schedule in union agreement. Employee contributions to the 457 plan are limited to the amounts published by the IRS. C Packet Pg. 307 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 4 The City will contract with a third party administrator to provide the Defined Contribution Plans. City Staff comprised of both Finance and HR will oversee the program and performance of the third party administrator. 3.3 Fund Organization Funds for accounting and financial reporting purposes have their own balance sheet and income statement. The organization of the City’s Funds is designed to enhance accountability and transparency, comply with Generally Accepted Accounting Principles, meet grant requirements, comply with City Code/Charter and comply with Colorado statutes. In City Article V, Section 25 the Financial Officer is empowered to create funds as appropriate. However, City Code Chapter 8, Article III also establishes additional parameters for City funds. The number of funds established should be the minimum needed for legal and operating requirements. Unnecessary funds can result in inflexibility, undue complexity and inefficient financial administration. The City’s funds are organized at two levels of groupings; Fund Groups and Fund Types. Fund Groups Governmental Funds Used to account for activities primarily supported by taxes, grants and similar revenue sources. Proprietary Funds Used to account for activities that receive significant support from fees and charges. Fiduciary Funds Used to account for resources that a City holds as a trustee or agent on behalf of an outside party that cannot be used to support the City’s own programs. Within each Fund Group are Fund Types. Governmental Fund Types General Fund Main operating fund used to account for and report all financial resources not accounted for and reported in another fund. Special Revenue Funds Used to account for and report the proceeds of specific revenue sources that are restricted, committed or assigned to expenditure for specific purposes, other than debt service or capital projects. Debt Service Funds Used to account for and report resources that are restricted, committed or assigned to expenditure for principal and interest. Capital Project Funds Used to account for and report resources that are restricted, committed or assigned to expenditure for capital outlays, including the acquisition or construction of capital facilities or other capital assets. C Packet Pg. 308 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 5 Proprietary Fund Types Enterprise Funds Used to account and report any activity for which a fee is charged to external users of goods and services Internal Service Funds Used to account and report any activity for which a fee is charged to other funds, departments, or agencies of the City and its component units on a cost reimbursement basis. Fiduciary Fund Types Pension (and Other Employee Benefit) Trust Funds Used to account and report resources that are required to be held in trust for the members and beneficiaries of defined benefit plans. Custodial Funds Used to report resources held by the City in a purely custodial capacity. The following is a list of all funds of the City, including legally separate entities but from a financial reporting perspective are treated as a component unit of the City. Group and Type Legal Ref. Name Governmental General Fund City 100 General Fund Special Revenue Fund City 250 Capital Expansion Fund Special Revenue Fund City 251 Sales & Use Tax Fund Special Revenue Fund Separate 252 General Improvement District #1 Special Revenue Fund City 254 Keep Fort Collins Great Fund Special Revenue Fund City 255 Community Capital Improvement Program Special Revenue Fund City 272 Natural Areas Fund Special Revenue Fund City 273 Cultural Services & Facilities Special Revenue Fund City 274 Recreation Fund Special Revenue Fund City 275 Cemeteries Fund Special Revenue Fund City 276 Perpetual Care Fund Special Revenue Fund City 277 Museum Fund Special Revenue Fund City 280 Community Development Block Special Revenue Fund City 281 Home Investment Partnership Special Revenue Fund City 290 Transit Services Fund Special Revenue Fund City 291 Transportation Capital Expansion Fee Special Revenue Fund City 292 Transportation Services Fund Special Revenue Fund Separate 293 GID #15 - Skyview Special Revenue Fund City 294 Parking Fund Debt Service City 304 Capital Leasing Corporation Capital Projects Fund City 400 Capital Projects Fund Capital Projects Fund City 270 Neighborhood Parkland Fund Capital Projects Fund City 271 Conservation Trust Fund Proprietary C Packet Pg. 309 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 6 Enterprise Fund City 500 Golf Fund Enterprise Fund City 501 Electric and Telecommunications Fund Enterprise Fund City 502 Water Fund Enterprise Fund City 503 Wastewater Fund Enterprise Fund City 504 Storm Drainage Fund Enterprise Fund City 505 Broadband Fund Internal Service Fund City 601 Equipment Fund Internal Service Fund City 602 Self-Insurance Fund Internal Service Fund City 603 Data and Communications Fund Internal Service Fund City 604 Benefits Fund Internal Service Fund City 605 Utility Customer Service & Admin Fiduciary Pension Trust Fund City 700 Employees' Retirement Fund Governmental Special Revenue Fund Separate 800 URA - N. College District Special Revenue Fund Separate 801 URA - Prospect South TIF District Special Revenue Fund Separate 803 URA - Mall Fund Special Revenue Fund Separate 820 DDA Operating Fund Special Revenue Fund Separate 821 DDA Fixed Asset and Long Term Debt Special Revenue Fund Separate 822 DDA Debt Service Fund 3.4 Cost Recovery and Fee Setting A. Enterprise Funds shall rely on charges and user fees to recover their costs, rather than taxes. Utility rates will be based upon the cost of service approach to reflect full distribution of costs to appropriate rate classes in order to effect equitable sharing of costs. Rates shall be established and maintained at a level sufficient to maintain positive net income in each of the utility funds after paying the full cost of operating and maintaining the utilities and keeping them in good repair and working order. Such rates shall also be sufficient to enable each utility, where applicable, to meet rate requirements of City or utility enterprise bond ordinances. B. The Internal Service Funds shall operate under the following guidelines. 1. Internal service fund charges are limited to the recovery of the cost of the service, including depreciation, rather than making a profit. Each fund's prior year financial statements and estimates of future costs form the basis for the calculation of charges. C Packet Pg. 310 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 7 2. Charges should be set at a level to avoid significant adverse financial impacts on their customers. Fund customers and independent experts should be allowed to review and make recommendations about the level of charges. The Finance Department should approve the analysis and conclusions used to set rates. 3. Internal service funds should compete with similar services offered by the private sector. The City staff will compare rates every five years. If not competitive with the private sector, the Finance Department will analyze whether the private sector should provide the service. 4. Internal service funds may build up reserves. Customer-approved master plans and independent third-party actuarial reviews (for the Benefit and Self-Insurance funds) guide the level of reserves. Fund managers may spend reserves only for their approved purpose. 5. The City may buy equipment and facilities for the internal service funds through lease- purchase financing. Management's decision to recommend lease-purchase financing depends on: (1) cash flow needs; (2) budget constraints; (3) benefit to cost analysis; and (4) level of reserves. 6. Except for the Utilities Customer Service and Administration Fund, Internal service funds operate under the same guidelines and constraints as the General Fund and other governmental funds of the City. The Utilities Customer Service and Administration Fund shall operate under the guidelines of the Utilities Services Funds. C. Cultural Services & Facilities Fund Fee Policy 1. Total revenue from fees and charges shall cover a minimum of 55% of Lincoln Center Operation and Maintenance and Performing and Visual Arts Programming Budgets. This includes revenues generated at the Lincoln Center from rentals, equipment, concessions and other miscellaneous sources and all total direct revenues from the Performing and Visual Arts Programming. A transfer from the General Fund will make up the difference between total revenue and expenditures. 2. The Cultural Services and Facilities Administration and Museum budgets provide minimal financial support. These programs are funded primarily by a transfer from the General Fund. 3. Major capital improvements and renovations will be financed through sources other than Cultural Services and Facilities Fund. 4. Charitable gifts and donations—raised from the philanthropic sector of foundations, corporations, and individuals to support public initiatives of the City of Fort Collins—will be C Packet Pg. 311 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 8 made directly to the City of Fort Collins. Acceptance, stewardship, tracking, and expenditures of all charitable gifts are governed by Philanthropic Administrative and City Give Finance Governance Policy with great attention to transparency and accountability. D. Recreation Fund Rates and Charges Policy Recreation Rates and Charges shall cover between 68% to 75% of all operating costs, with the difference to be covered by the City’s General Fund and/or 50% of the Keep Fort Collins Great portion dedicated to Parks & Recreation. Equipment and rolling stock shall be considered operating costs in the application of this policy. Recreation Rates and Charges shall not be expected to cover major capital items such as facility and land acquisitions, major renovations to facilities or other costs such as utilities, custodial or grounds maintenance. 3.5 Capital Improvement Program 1. Each Service Area or Department shall develop multi-year Master Plans for capital improvements. On a city-wide basis, staff shall compile a 10-year Capital Improvement Plan and update it every two years. Estimates of operating and maintenance costs should be included; 2. Appropriation requests must include not only the cost of construction or acquisition and the funding sources, but an estimate of operating and maintenance costs; 3. Capital improvements projects will be administered in accordance with the Capital Projects Procedures Manual; 4. Appropriations for capital improvements will be constructed and expenditures incurred only for the purpose as approved by City Council; 5. Staff should seek out grants and partnerships whenever appropriate. 3.6 Using State Allocation of Private Activity Bonds A. Background: Conduit debt is issued in a local government’s name, but the resources for repayment come from individuals or entities that are not part of government. Entities seek C Packet Pg. 312 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 9 conduit debt because of the government’s ability to issue debt at favorable tax-exempt rates. Private Activity Bonds (PAB) are a form of conduit debt. Colorado’s Private Activity Bond allocation program is established by the Colorado Private Activity Bond Ceiling Allocation Act, Section 24-32-1701, et seq., C.R.S. Pursuant to Section 24-32-1706, annually the City of Fort Collins is offered a portion of the State ceiling as a local government. If the City does not issue bonds or assign bond capacity to an entity for a local project by September 15th annually, the cap automatically reverts back to the state’s pool. Historically, the City has provided this capacity on a first come first serve basis. It has not been uncommon for the City to receive no requests. Because more partners are using programs that can benefit from the lower interest rate that PAB’s offer, the City is establishing this process. B. Purpose: PAB’s allow certain private sector activities to receive lower interest rates. PAB’s may be used for affordable housing development and rehabilitation, specific economic development programs and for industrial development purposes, among other permitted uses. The City will attempt to find local uses for this development tool. C. Communication: Information about the program should be placed on the City’s website (fcgov.com). Consideration for other advertising and communication methods may be appropriate. D. Awarding and Assigning: Awarding PAB and Assigning PAB allocations are different processes. Assigning PAB to another qualified issuer is strongly preferred. This is to reduce the administrative investments and leverage the efficiency of qualified issuers who award PAB’s regularly. If an entity applies for a direct award under the City’s name, staff will attempt to find a qualified issuer that agrees to accept an assignment from the City and issue the PAB under their own authority. E. Application due date: Written applications to use of Fort Collin’s annual PAB allocation are due to the City’s Chief Sustainability Officer by March 15th. F. Application Elements: a. The following items are required when applying for both assignments and direct awards. i. A request letter signed by applicant describing the project the PAB would be used for and including: the applicant’s name, address, phone, email address, and principal contact. ii. Amount of allocation being requested. C Packet Pg. 313 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 10 iii. Bond counsel firm name, address, phone, email address and principal contact. iv. Description of Applicant’s local projects and years of operation v. Number of years’ entity has been doing business in State of Colorado vi. Provide a Certificate of Good Standing from the Secretary of State’s office. vii. Description of assets to be purchased or constructed and expenses incidental to the project, including the sale of bonds. viii. Explanation of how the project aligns with City objectives. ix. Number of housing units and target demographics x. Statement from competent bond counsel that the project is eligible for qualified private activity bonds. b. The following additional items are required in applications for direct awards of PAB: Debt Information xi. Name, address, phone of principal contact of the proposed underwriter or lender. xii. Anticipated timetable for bond transaction. xiii. Estimated bond redemption and interest payment schedule xiv. Indicate the type of letter of credit or similar instrument, which will back the debt xv. Disclose if the applicant is involved in any litigation which may affect the validity or repayment of the bonds. Financial Information xvi. Audited financial statements for the applicant for the last three years and interim statements for the current year. If not available, please explain why. xvii. Projection of future revenues, expenditures and debt service coverage for the next five years supported by a feasibility study. Other xviii. Describe the arrangements that will ensure compliance with arbitrage reporting and payment requirements. xix. Name, address and principal contact person for applicant’s local bank. xx. Briefly describe any potential conflicts of interest of personal/ professional/ political relationships between the applicant’s officers and/or directors or applicant’s operations and the City of Fort Collins. xxi. Any other information which provides evidence of the applicant’s ability to repay the bonds and complete the project. Debt Security xxii. All arbitrage calculations and payments must be performed by the trustee under the terms of the trust agreement or by any such other arrangement that will ensure compliance. The City must be provided with copies of 8088- T’s filed with the IRS. xxiii. The private entity must provide the City with information on the status of the debt annually and upon any material event. C Packet Pg. 314 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 11 xxiv. The bond documents must indemnify the City against IRS assessments and legal fees arising from the financing. xxv. The issuer’s agent will be responsible for all continuing disclosure requirements. c. Items missing from application may result in disqualification from consideration. G. Fees: There are no fees for applications that request assignments to another qualifying issuer. However, the following fees apply to applications requesting a direct award of PAB from the City of Fort Collins. a. Issuance fee equal to the greater of: A. 0.25% of the par amount of the debt, or B. $5,000. The fee is capped at $25,000. b. The cost of a review of the financing by an independent fiscal agent (to be selected by the City) c. Any other direct cost incurred by the City related to the financing. d. There will not be additional issuance fees for any amendment or modification of the original transaction even if it requires official action by City Council, except for actual direct costs of the City. H. Review Process a. PAB Committee: Applications will be reviewed by a committee of at least 3 people. Members will include at least one representative each from Social Sustainability, Economic Health and Finance. Representatives from other departments, such as the City Manager’s Office will be added as needed. Service Area Directors will make the necessary appointments to the PAB Committee. b. At a minimum, the following factors should be considered by the PAB Committee when making a recommendation: i. How well the project applied for meets the land use, economic development and/or affordable housing goals of the City of Fort Collins. ii. Project feasibility and timing. iii. Leverage of other investment into the project. iv. Maintenance of or increase in local tax base. v. Competing uses for the City’s allocation. vi. Whether the City’s allocation should be used in multiple projects. vii. Whether the application should be considered by any City Board or commission. c. The PAB Committee will decide on a recommendation no later than July 1. d. City Council shall approve all PAB assignments or direct awards. The PAB Committee shall submit their recommendations to the City Council no later than August 15. C Packet Pg. 315 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Policy 3 – General Financial Policies 12 Getting Help Please contact the Controller with any questions at 970.416.4354. C Packet Pg. 316 Attachment: Exhibit C (9859 : Financial Policies Update RESO) Financial Management Policy 5 Fund Balance Minimums Issue Date: 11/21/17 Version: 5 Issued by: City Council Financial Policy 5 – Fund Balance Minimums 1 5.1 Governmental Funds and Fund Balances To set minimum fund balances so as to mitigate risks, maintain good standing with rating agencies, and ensure cash is available when revenue is unavailable. The policy sets minimum fund balances, not targets or maximum balances. Each fund should be evaluated by staff to determine the appropriateness of maintaining fund balances above the minimums set in this policy. Contingencies for severe weather, prolonged drought, and anticipated capital spending should be considered independently from this policy. The Equity on balance sheet of a governmental fund is called Fund Balance. The current classifications of Fund Balance in governmental funds are primarily based on the origin of the constraints. The following categories are in decreasing order of constraints. Non-Spendable Permanent endowments or assets in a non-liquid form Restricted Involve a third party: State Legislation or Contractual Agreements Committed Set by formal action of the City Council Assigned By staff, and/or residual balances in a Special Revenue Fund Unassigned Remaining balances in governmental funds Objective: To set minimum fund balances as to mitigate risk, maintain good standing with rating agencies, and ensure cash is available when revenue is unavailable. The policy sets minimum fund balances, not targets or maximum balances. Each fund should be evaluated by staff to determine the appropriateness of maintaining fund balances above the minimums set in this policy. Contingencies for severe weather, prolonged drought, and anticipated capital spending should be considered independently from this policy. Applicability: Funds—This policy applies to all City funds. It does not apply to URA, DDA, PFA and Library. Authorized by: City Council Resolutions 1994-174, 2008-038, 2014-058,2017-101, 2021-XXX EXHIBIT D D Packet Pg. 317 Attachment: Exhibit D (9859 : Financial Policies Update RESO) Financial Policy 5 – Fund Balance Minimums 2 Minimums outlined in section 5.3 relate only to Assigned and Unassigned balances. 5.2 Proprietary Fund and Working Capital Internal Service Funds and Enterprise Funds are accounted for nearly identical to the private sector. The balance sheets include long term assets and long term liabilities. The resulting Equity section on their balance sheet, called Net Position, is not always a good measure of spendable financial resources. To get to spendable financial resources, a common calculation is to take Current Assets and subtract Current Liabilities, with the net result called Working Capital. To further refine, for purposes of this policy, certain required restrictions are further subtracted and result in Available Working Capital. Some examples of required restrictions are unspent monies for Art in Public Places, Water Rights, and existing appropriations for capital projects. The minimums outlined in section 5.3 relate to Available Working Capital. 5.3 Minimum Balances The following Minimum Balances refers to Assigned and Unassigned Fund Balances in governmental funds and Available Working Capital in the Internal Service Funds and Enterprise Funds. A. General Fund 60 Day Liquidity Goal - The Commitment for Contingency should be at least 60 days (17%) of the subsequent year’s originally adopted budgeted expenditures and transfers out. The calculation for the minimum level shall exclude expenditures and transfers out for large and unusual one-time items. Important note – the 60 Day Liquidity Goal is in addition to the Emergency Reserves required by Article X, Section 20(5) of the State Constitution. This reserve must equal 3% of non-exempt revenue and can only be used for declared emergencies. Fiscal emergencies are specifically excluded by the State Constitution as qualifying use of this reserve. B. Special Revenue Funds No minimum balance is required. D Packet Pg. 318 Attachment: Exhibit D (9859 : Financial Policies Update RESO) Financial Policy 5 – Fund Balance Minimums 3 C. Debt Service Funds No minimum balance is required. D. Capital Project Funds No minimum balance is required. E. Enterprise Funds Enterprise funds focus on working capital rather than fund balance. Enterprise Funds shall maintain a minimum Available Working Capital equal to 25% of Operating Expenses, less Depreciation. Exception1: In the case of L&P, operating expenses will include purchased renewable energy for resale but will not include regular purchased power for resale (i.e. Platte River Power Authority). Exception 2: In the case of Golf, the minimum fund balance will be 12.5%. Important note – The Water Fund holds a balance for Restricted Water Rights. The balance equals the amount of cash in-lieu-of water rights payments and raw water surcharges less any expenses for acquiring water rights and water storage; The enterprises funds should also be accumulating available working capital above these minimums for the purposes of funding future capital projects. F. Internal Service Funds Each fund is a unique operation and will maintain a minimum Available Working Capital as follows: 601 Equipment Fund 8.3% Of annual operating expenses, excluding depreciation 602 Self-Insurance Fund * 25.0% Of annual operating expenses 603 Data & Communications Fund 0.0% N/A 604 Benefits Fund 30.0% Of annual medical and dental expenses 605 Utility Customer Service Fund 0.0% N/A * Self Insurance Fund will be measured against Available Unrestricted Net Position instead of Available Working Capital. D Packet Pg. 319 Attachment: Exhibit D (9859 : Financial Policies Update RESO) Financial Policy 5 – Fund Balance Minimums 4 5.4 Below Minimum When circumstances result in balances below the minimum, staff should develop a plan to restore minimums fund balances and present it to Council Finance Committee. D Packet Pg. 320 Attachment: Exhibit D (9859 : Financial Policies Update RESO) Financial Policy 5 – Fund Balance Minimums 5 Definitions Non Spendable Fund Balances: Applicable to governmental funds. Permanent endowments or assets in a non-liquid form such as long term inter-agency loans. Restricted Fund Balances: Applicable to governmental funds. Involve a third party such as State Legislative requirements, voter ballot language, or the Contractual Agreements with parties external to the City. Committed Fund Balances: Applicable to governmental funds. Involve a of formal action by the City Council. An example is traffic calming revenues are required to be spent on traffic calming activities. Any unspent monies at end of year are classified as Committed to traffic calming in the General Fund. Assigned Fund Balances: Are applicable to governmental funds. Assignments can be made by senior management. They represent the intent to use the monies for a specific purpose. An example of this it this the one time Harmony Road monies transferred by the State to the City. Although required to be used on Harmony Road, staff intends to use the monies only on Harmony Road improvements. These monies are considered when measuring compliance with minimum fund balances. Unassigned Fund Balances: Are applicable only to the governmental funds. These monies are considered when measuring compliance with minimum fund balances. Working Capital: Is a term applicable to Internal Service and Enterprise Funds. It is the difference between Current Assets and Current Liabilities. Not all Working Capital is available. Available Working Capital does not include Restrictions for debt, Art in Public Places, approved capital appropriations, and other restrictions. Unrestricted Net Position: Is a term applicable to Internal Service and Enterprise Funds. Not all Unrestricted Net Position is available. Available Unrestricted Net Position does not include unused Art in Public Places monies, approved capital appropriations, and other commitments. Liquidity: Assets range from cash to land. The more easily and quickly an asset can be converted to cash determines its relative liquidity. Reserves: A legacy term that previously referred to fund balances, or fund balances set aside for a specific purpose. It is no longer used on financial statements. Fund Balance: Is a term applicable to governmental funds. Fund balance or Equity is the difference between assets ,liabilities, deferred outflows of resources and deferred inflows of resources. Since governmental funds do not have long term assets and long term debt on their balance sheet, fund balance is similar and approximates working capital in the private sector and enterprise funds. D Packet Pg. 321 Attachment: Exhibit D (9859 : Financial Policies Update RESO) Financial Policy 5 – Fund Balance Minimums 6 Getting Help Please contact the Controller with any questions at 970.221.6772. D Packet Pg. 322 Attachment: Exhibit D (9859 : Financial Policies Update RESO) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Darin Atteberry, City Manager Adam Stephens, Legal SUBJECT Resolution 2021-011 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2020 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Soldier Canyon Pump Station Annexation, Timberline-International Annexation No. 1, Timberline-International Annexation No. 2, and Timberline-International Annexation No. 3. Colorado Revised Statutes Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special distri ct territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Property that is within a fire protection district continue s to be subject to the District’s property tax assessment even after annexation to the City until the property is officially excluded from the District. Exclusion must occur pursuant to state law (C.R.S. Section 32-1-502). The law allows the City to seek exclusion of annexed property from the District so that the property is not subject to property tax assessment by both the District and the City. In 2020, the City annexed four areas within the territory of the District, the legal descriptions of which a re set forth in Exhibit “A” to the proposed Resolution. Consistent with the state law, this proposed Resolution authorizes: 1. the City Attorney to file a petition on behalf of the City to exclude the annexed properties from the District ; and 2. the City Manager to enter into an agreement with the District for the continuation of fire protection services within the annexed properties. 16 Packet Pg. 323 -1- RESOLUTION 2021-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH SAID DISTRICT WHEREAS, in 2020, the City annexed four properties within the territory of the Poudre Valley Fire Protection District (the “District”); and WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 32-1-502 requires an order of exclusion from the district court to remove annexed properties from special district territories; and WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), an order excluding property from the boundaries of a special district requires the governing body of the annexing municipality to agree, by resolution, to provide the services previously provided by the special district to the area described in the petition for exclusion from and after the effective date of the exclusion order; and WHEREAS, from the date of such annexations, the City has provided municipal services to said properties, including fire services; and WHEREAS, the residents within the properties described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Annexed Properties”) have paid ad valorem property taxes to the District for fire protection services prior to exclusion, and subsequent to exclusion, will instead pay ad valorem property taxes to the City for City services, including fire protection; and WHEREAS, it is the desire and intent of the City Council to reflect by this Resolution its willingness to provide fire protection services to the Annexed Properties and to exclude the Annexed Properties from the District; and WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the District in accordance with law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority, which is an independent entity providing fire protection services to both the District and the City pursuant to an intergovernmental agreement. 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 Council hereby agrees that the Annexed Properties should be excluded from the District. Packet Pg. 324 -2- Section 3. That the City Council hereby authorizes the City Attorney to file a petition in the Larimer County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude the Annexed Properties, the boundaries of which are described on Exhibit “A”. Section 4. That the City Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 5. That the City Council hereby finds that a plan for the disposition of assets or continuation of service is unnecessary as the Poudre Fire Authority has in the past served, and continues to serve, both the District and the City. Section 6. That the City Manager is authorized to enter into an agreement with the District for the continuation of services for the Annexed Properties, which agreement shall be substantially in the form of Exhibit “B” attached hereto, subject to such modifications as the City Manager may, in consultation with the City Attorney, deem necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of January, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 325 SOLDIER CANYON PUMP STATION ANNEXATION A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexa tion No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,569 Square Feet or 0.702 Acres, more or less. EXHIBIT A A Packet Pg. 326 Attachment: Exhibit A (9861 : Annexation Exclusions RESO) TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 11 0.00 feet, more or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 Acres), more or less. A Packet Pg. 327 Attachment: Exhibit A (9861 : Annexation Exclusions RESO) TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road and the TRUE POINT OF BEGINNING; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet; thence departing said Easterly right-of-way line of Timberline Road North 90°00’00” West 141.91 feet, more or less, to a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet, thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; said point also being the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and a point on the Westerly right-of-way line for Timberline Road; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. North 00°00’45” West 250.02 feet and again North 00°00’45” East 56.23 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1; A Packet Pg. 328 Attachment: Exhibit A (9861 : Annexation Exclusions RESO) thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Southwesterly and Southeasterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 21°19’20” East 110.00 feet and again North 21°26’47” East 109.41 feet, more or less, to a point on the Southerly line of said EAST RIDGE ANNEXATION and the Easterly right-of-way line of Timberline Road and the Northeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and the TRUE POINT OF BEGINNING. Containing 37,272.2 square feet (0.86 Acres), more or less. A Packet Pg. 329 Attachment: Exhibit A (9861 : Annexation Exclusions RESO) TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, County of Larimer, State of Colorado ; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE -INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE - INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of A Packet Pg. 330 Attachment: Exhibit A (9861 : Annexation Exclusions RESO) said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE - INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and aga in North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 Acres), more or less. A Packet Pg. 331 Attachment: Exhibit A (9861 : Annexation Exclusions RESO) Page 1 of 9 MEMORANDUM OF AGREEMENT FOR CONTINUATION OF SERVICE (POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS) THIS AGREEMENT, is made and entered into this _______day of ________, 2021, by and between the CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation (the “City”), and the POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory district within the State of Colorado (the “District”); WHEREAS, the City has recently filed pursuant to Section 32-1-502(1)(a), C.R.S., a Petition with the District Court in and for Larimer County, Colorado for an Order excluding certain properties from the territory of the District, which properties are shown on Exhibit “A” (the “Properties”) hereto attached, the contents of which are incorporated by reference herein; and WHEREAS, said Petition is premised upon the prior annexation and inclusion of the Properties within the municipal boundaries of the City; and WHEREAS, it is the mutual desire of the City and the District to set forth their understanding and agreement with regard to the continuation of fire protection services to the Properties, as well as remaining properties within the boundaries of the District and Poudre Fire Authority, as defined below. NOW, THEREFORE, in consideration of the mutual covenants, conditions and obligations herein contained, the parties agree: 1. From and after the effective date of any Order of Exclusion issued by the District Court in response to the City’s Petition, filed pursuant to Section 32-1-502(1)(a), which effective date is anticipated to be January 1, 2022, the City will continue to assume full and complete responsibility for fire protection services to the Properties. Such fire protection services shall be provided by Poudre Fire Authority (“PFA”) pursuant to that certain Amended and Restated Intergovernmental Agreement effective July 15, 2014, by and between the City and the District. 2. From and after the effective date of the Exclusion Order entered by the District Court in and for Larimer County, Colorado, the District shall have no further liability or responsibility with regard to the provision of fire protection services for the Properties or any improvements thereon, other than the obligations existing under the aforementioned intergovernmental agreement creating PFA for the provision of regional fire services. 3. From and after the effective date of any Exclusion Order entered by the District Court in and for Larimer County, Colorado, the District agrees that the Properties shall be free from taxation by the District, other than mill levies assessed for purposes of paying outstanding bonded indebtedness and interest thereon, owed by the District effective immediately prior to the effective date of such Exclusion Order. Exclusion of the Properties from the District and entry of an Exclusion Order by the District Court shall not affect any claim the District may have or the EXHIBIT B B Packet Pg. 332 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 2 of 9 District's ability to make such claim for taxes which were certified by the District prior to the effective date of the Exclusion Order. 4. The District will retain ownership of all equipment and facilities now owned by the District, including such facilities as may be located within the Properties, if any. 5. The District will, through its agreement with PFA, continue to provide fire protection services to those properties located within the boundaries of the District, as modified by the exclusion of territory pursuant to the anticipated Exclusion Order requested from the District Court. 6. In the event that any bonded indebtedness exists as of the effective date of the anticipated Exclusion Order, the Board of Directors of the District shall continue to assess a proportional mill levy against the Properties, together with other properties within the boundaries of the District, sufficient to repay the principal and accrued interest on any such bonded indebtedness in accordance with the terms and provisions of the instruments pursuant to which said obligations have been created and incurred. 7. Nothing within this Agreement shall modify or terminate any obligations of the City or the District with respect to existing obligations under the intergovernmental agreement forming the PFA, including any future amendments or modifications thereto as the parties may hereafter agree. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO, ATTEST: a municipal home-rule corporation ________________________ ____________________________ Delynn Coldiron, City Clerk Darin Atteberry, City Manager Approved as to form: ________________________________ Adam Stephens, Assistant City Attorney B Packet Pg. 333 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 3 of 9 POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory district within the State of Colorado __________________________________ By: ________________ Chairman, Board of Directors Approved as to form: __________________________________ By: Robert G. Cole Attorney for Poudre Valley Fire Protection District B Packet Pg. 334 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 4 of 9 EXHIBIT A TO MEMORANDUM OF AGREEMENT SOLDIER CANYON PUMP STATION ANNEXATION A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexation No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,569 Square Feet or 0.702 Acres, more or less. B Packet Pg. 335 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 5 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 110.00 feet, more or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 Acres), more or less. B Packet Pg. 336 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 6 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road and the TRUE POINT OF BEGINNING; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet; thence departing said Easterly right-of-way line of Timberline Road North 90°00’00” West 141.91 feet, more or less, to a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet, thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; said point also being the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and a point on the Westerly right-of-way line for Timberline Road; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. North 00°00’45” West 250.02 feet B Packet Pg. 337 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 7 of 9 and again North 00°00’45” East 56.23 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Southwesterly and Southeasterly lines of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 21°19’20” East 110.00 feet and again North 21°26’47” East 109.41 feet, more or less, to a point on the Southerly line of said EAST RIDGE ANNEXATION and the Easterly right-of-way line of Timberline Road and the Northeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and the TRUE POINT OF BEGINNING. Containing 37,272.2 square feet (0.86 Acres), more or less. B Packet Pg. 338 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 8 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, County of Larimer, State of Colorado; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said B Packet Pg. 339 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Page 9 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and again North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 Acres), more or less. B Packet Pg. 340 Attachment: Exhibit B (9861 : Annexation Exclusions RESO) Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Elizabeth Blythe, Senior Public Engagement Coordinator Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Resolution 2021-012 Making Appointments to the Golf Board and Planning and Zoning Board of the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this item is to appoint one individual to fill a vacancy on the Golf Board and two individuals to fill vacancies on the Planning and Zoning Board that exist due to the expiration of terms and resignation of members. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Mayor Troxell and Mayor Pro Tem Cunniff interviewed applicants to fill two vacancies on the Planning and Zoning Board due to the term expirations of Michelle Haefele and David Katz. Mayor Pro Tem Cunniff and Mayor Troxell are recommending reappointing both Michelle Haefele and David Katz. This appointment will begin immediately and expire on December 31, 2024. Mayor Pro Tem Cunniff and Councilmember Gutowsky interviewed applicants to fill a vacancy on the Golf Board due to the resignation of Tom Rock. Mayor Pro Tem Cunniff and Councilmember Gutowsky are recommending John Litel to fill the vacancy. These appointments will begin immediately and expire on December 31, 2024. ATTACHMENTS 1. Applications (PDF) 17 Packet Pg. 341 APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Planning and Zoning Board Name: Michelle Haefele Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 5 Current Occupation: Research Scientist Employer: Colorado State University Recent and/or relevant work experience (please include dates) Research Scientist, Department of Ag. & Economics at CSU, 2012-presentInstructor, Front Range Community College, August-December 2008, January-May 2012Research Economist, The Wilderness Society, 2003-2011 Recent and/or relevant volunteer experience (please include dates) Currently serving as the Vice-Chair of P&Z; City's annual count of bicycles and trail users most years since 2009. Participated in a project at Soapstone Natural Area for the conservation bison herd (Aug 2017). City of Fort Collins, Gardens on Spring Creek (December 2011-August 2012); Poudre Wilderness Volunteers (May 2002-October 2004); Gender Equity in Math and Science (GEMS) Are you currently serving on a City board or commission? Yes No If so, which one? Planning and Zoning Board Why do you want to become a member of this particular board or commission? I have become involved various development proposals near my home over the years and have become well acquainted with the land use code. I feel that this experience will be beneficial on the Planning and Zoning Board. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: Prior to serving on the Board, I had spoken at several P&Z hearings on both policy issues and specific developments. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: Many of the issues that arise in the development process involve non-market values (things like neighborhood quality, quietspaces, historic and cultural preservation). My degree specifically looks at measuring these types of value in economicterms and I feel that this skill and understanding is needed in development decisions. ATTACHMENT 1 17.1 Packet Pg. 342 Attachment: Applications (9880 : BC Appointments AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Transparency and clarity for all participants in the process - becoming involved in the development process is a daunting task for most residents. The role for citizens is not clear, but it's important for this involvement and input to be incorporated into the decisions of the Planning and Zoning Board. 2) Preserving Fort Collins' history and unique character - The rapid and intense development that is (and has been) occurring threatens the attributes that make the city so attractive to so many people. Members of P&Z must understand the importance of preserving historical buildings and neighborhoods and be able to direct projects in ways that are beneficial rather than detrimental to this heritage. 3) Housing affordability- This is a complicated issue and one that may not be solved by simply increasing the supply. P&Z must take a proactive approach to providing housing for all income levels in the city. P&Z can help craft creative land use policies that reduce the escalating unaffordability. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Date: Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert)Website Other (please specify)currently serving on P&Z 17.1 Packet Pg. 343 Attachment: Applications (9880 : BC Appointments AIS) Michelle Haefele Work: Colorado State University (CSU), Department of Agricultural & Resource Economics Education PhD: Department of Agricultural and Resource Economics, Colorado State University Fields: Natural Resource and Environmental Economics, Econometrics Dissertation: Testing the Conjoint Analysis Technique for the Measurement of Passive Use Values of Forest Health Course work in: Econometrics, Public Lands Management, Microeconomic Theory, Macroeconomic Theory, Natural Resources Economics, Environmental Economics, Agricultural and Natural Resource Policy, Agricultural Price Analysis, Production Economics MS: School of Forestry and Environmental Studies, Duke University Major: Natural Resource and Environmental Economics and Policy Master's Thesis: The Value of Forest Quality in the Southern Appalachian Mountains Course work in: Land Use Management, Environmental Economics, Benefit/Cost Analysis, Policy Sciences, Econometrics, Water Resources Management BS: Department of Forest and Wood Sciences, Colorado State University Major: Natural Resources Management Minor: Recreation Resources Experience Research Scholar, Department of Agricultural & Resource Economics, CSU, Fort Collins, CO, 2012 - present Conduct research on natural resource, environmental and agricultural economics using a variety of techniques including surveys, meta-analyses and literature reviews. I'm responsible for all aspects of various research projects, including developing methodology and study design; logistics (cost estimation, selection of survey research firms, organizing and conduction nationwide focus groups); implementation of surveys and other research and analysis and reporting of research results in reports and articles submitted for publication in peer-reviewed journals. Recent projects include an estimate of the total economic value of the National Park Service, the cost of wildfire suppression and fuel reduction treatments, economic impacts and benefits of hunting, non-market costs and benefits of oil and gas development, willingness of farmers to accept payment to test their farm soils for carbon sequestration, ecosystem services from watersheds and from dryland ecosystems, the benefits of migratory species that cross international boundaries, and the rural development potential of agricultural tourism. Senior Economist, Conservation Economics Institute, 2019-present Collaborate with other CEI economists on a contract basis on various projects. Independent Consultant, 2011 - present Projects include comments on the economic analyses of federal public land management proposals, federal rules 17.1 Packet Pg. 344 Attachment: Applications (9880 : BC Appointments AIS) and state level energy development. Resource Economist, The Wilderness Society Denver, CO, 2003 - 2011 Analyzed economic aspects of public land management throughout the United States, including studies of the economies of gateway communities; impacts of public lands on rural communities; the changing economy of the West; impacts of oil and gas development on western communities; analyses of specific oil and gas development proposals in the Rocky Mountain region; analysis of oil and gas drilling permits and leases on federal public lands in the western US; comments for the land management planning and specific land management proposals. Invited Instructor, March 2011 Invited to present a half-day lecture on public lands and local economic impacts as well as non-market valuation of public lands at a week-long career-development course for professional public land managers working for the U.S.D.A. Forest Service. The course, titled Natural Resource Policy, Values and Economics, was developed by Drs. John Loomis of Colorado State University and John Bergstrom of the University of Georgia. Bicycle Tour Leader, Backroads Bicycle Tours, Berkeley, CA , Summer 1987 Led active vacation tours in California. Duties included managing logistics, bicycle repair and maintenance, meal preparation and guest relations. 17.1 Packet Pg. 345 Attachment: Applications (9880 : BC Appointments AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP PLEASE TYPE OR USE BLACK INK. ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES. INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT. Return completed applications to: City Clerk’s Office, 300 LaPorte Avenue or mail to P.O. Box 580, Fort Collins, CO 80522 If you have questions or need more information, contact the City Clerk’s Office at 970 .221.6515 (Please complete one application for each board or commission membership. You may apply for 2 boards at a time) Name: David Katz Mailing Address: Residence: (If different than Mailing Address) Zip: 80521 Zip: Work Phone Cell Phone: E-mail: Home Phone: Have you resided within the Fort Collins Growth Management Area for one year? Yes X No Which Council District do you live in? 6 Current Occupation: Commercial Real Estate Broker Employer: Waypoint Real Estate Recent and/or relevant work experience (please include dates): Daily integration with local land use codes, water requirements, and other geopolitical challenges. Recent and/or relevant volunteer experience (please include dates): Leadership Fort Collins Class of 2019 Parkside Metro District (Loveland) Board Member – Current Fort Collins Planning & Zoning Board Member - Current Are you currently serving on a City board or commission? Yes x No If so, which one? P + Z Why do you want to become a member of this particular board or commission? I want to continue to serve the community in my current role Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes x No If Yes, please share your experience: Currently on the Board List any abilities, skills, licenses, certifications, specialized training, or interests you have which are applicable to this boa rd or commission: My experience as a commercial and land broker makes me uniquely qualified for this role. Eligibility Requirements: 1 year residency within the Fort Collins Growth Management Area 17.1 Packet Pg. 346 Attachment: Applications (9880 : BC Appointments AIS) Briefly explain what you believe are the three most important issues face this board or commission, and how do you believe this board or commission should address each issue? 1) I feel attainable housing is being overlooked. Affordable is either deed restricted ort subsidized. It is the “in-between” attainable housing that needs to be the City’s focus. I feel we need to focus on young families or recent graduates who are hardworking, but making starter wages. Folks who will have a positive influence in our community for years to come. The City needs programs to curb off-site development costs to help compress the cost of the final product being sold to consumers. If we can have systems in place to fund infrastructure, we can provide attainable housing in highly desired locations where it is currently priced out of. 2) Water. I do not know what P and Z can do, but I do know that water will be driving city planning conversations for generations to come. 3) Protecting the character of our community is of utmost importance. We must continue to scrutinize the look and feel of proposed development plans and the buildings proposed within them. Fort Collins is special for a reason, let’s keep it that way. With that being said, we need to stay progressive and accept change. We need adapt with the times and realize that answer to Affordable and/or attainable housing is vertical density - Responsible vertical density. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By signing and submitting my application to the City of Fort Collins, I swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: # that I meet the eligibility requirements of the position sought and # that the information provided in this application is true and correct to the best of my knowledge. Signature: Date: 17.1 Packet Pg. 347 Attachment: Applications (9880 : BC Appointments AIS) Optional: How did you learn of a vacancy on this board or commission? Newspaper Cable 14 City News (Utility Bill Insert) Website Other (please specify) 17.1 Packet Pg. 348 Attachment: Applications (9880 : BC Appointments AIS) APPLICATION FOR BOARD OR COMMISSION MEMBERSHIP ATTACHMENTS TO APPLICATION MUST BE LIMITED TO TWO PAGES INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED FOR APPOINTMENT If you have questions or need more information, contact: City Clerk's Office (300 LaPorte Avenue) at 970.416.2525 Eligibility Requirements - 1 year residency within the Fort Collins Growth Management Area Board or Commission: Golf Board Name: John Litel Mailing Address: Residence: Home Phone: Work Phone: Zip: Zip: Cell Phone: Yes No E-Mail Address: Have you resided in the Fort Collins Growth Management Area for at least one year? Which Council District do you live in? District 2 Current Occupation: Creative Director Employer: Slate Communications Recent and/or relevant work experience (please include dates) I served as the City of Fort Collins golf marketing, sponsorship and communications manager for 12 years. I worked closely with staff and contractors to increase rounds and revenue. I also managed marketing for Parks, Recreation and Park Planning. I left the City in great terms to pursue career advancement.Previous to Fort Collins, I supported the City of Greeley's Leisure Recent and/or relevant volunteer experience (please include dates) I don't currently volunteer on any boards. In 2015-16 I sat on a community relations board for UCHealth. Are you currently serving on a City board or commission? Yes No If so, which one? Why do you want to become a member of this particular board or commission? Golf is a valuable asset to our community. It provides recreational opportunities for everyone. I managed golf marketing and PR for the City of Fort Collins for 12-years. I know the challenges golf faces and I believe in the great potential ahead. Have you attended a meeting of the board or commission you are applying to or talked to anyone currently on the board? Yes No If yes, please share your experience: I presented to the golf board multiple times a year over 12 years. I look forward to listening and learning from staff on the other side of the table. List any abilities, skills, certificates, specialized training, or interests you have which are applicable to this board or commission: I've developed marketing campaigns, designed public engagement processes, managed crisis communication efforts and built brands for the City of Fort Collins, City of Greeley, City of Loveland, Wellington, Timnath, Englewood, Castlepines, Winter Park, etc.My passion lies with helping communities better serve their constituents. I do this by creating communication 17.1 Packet Pg. 349 Attachment: Applications (9880 : BC Appointments AIS) Briefly explain what you believe are the three most important issues facing this board or commission, and how do you believe this board or commission should address each issue? 1) Increasing youth and women golf rounds. I believe the key to success is with our future. By focusing on youth and women we can introduce the sport to future generations while better diversifying our golfing demographic. 2) Regional Partnerships and MarketingI believe that regional partnerships with other municipalities will benefit Fort Collins. Partnerships with Greeley and Loveland will help drive revenue while establishing strong relationships throughout the region.How can we increase marketing and focus on key demographics to increase revenue and rounds? A smart and targeted approach to marketing should be emphasized, especially for enterprise fund with a million dollar+ budget. Let's look at more creative ways to tell our story. 3) Infrastructure and ConditionHow can we strengthen a culture of pride and ownership with the staff? How can we improve irrigation and save money while not sacrificing excellent quality? What alternatives exist to help us maintain beautiful courses but be environmentally sound.Water, sustainability and maintenance are key to creating a product that is appreciated and valued. Please specify any activities which might create a serious conflict of interest if you should be appointed to this board or commission: None Upon application for and acceptance of appointment, board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment. By typing your name in the space provided, I submit my electronic signature and application to the City of Fort Collins and swear or affirm under penalty of perjury pursuant to the laws of the State of Colorado: -that I meet the eligibility requirements of the position sought and -that the information provided in this application is true and correct to the best of my knowledge. Signature: Date: Optional: How did you learn of a vacancy on this board or commission: Newspaper Cable 14 City News (Utility Bill Insert)Website Other (please specify) 17.1 Packet Pg. 350 Attachment: Applications (9880 : BC Appointments AIS) -1- RESOLUTION 2021-012 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE GOLF BOARD AND PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS WHEREAS, vacancies currently exist on the Golf Board and the Planning and Zoning Board of the City due to resignations by board members, and the expiration of terms of certain members; and WHEREAS, the City Council desires to make appointments to fill the vacancies that currently exist on the Golf Board and Planning and Zoning Board. 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 following named persons are hereby appointed to fill expired terms or vacancies on the boards hereinafter indicated, with terms to begin immediately and to expire as set forth after each name: Golf Board Expiration of Term John Litel December 31, 2024 Planning and Zoning Board Expiration of Term David Katz December 31, 2024 Michelle Haefele December 31, 2024 Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of January, A.D. 2021 _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 351 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT Resolution 2021-013 Designating Mayor Wade Troxell to Represent the City on the Colorado Attorney General’s Local Government Opioid Settlement Funds Stakeholder Working Group. EXECUTIVE SUMMARY The purpose of this item is to appoint Mayor Wade Troxell to the Colorado Attorney General’s Local Government Opioid Settlement Funds Stakeholder Working Group. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION According to the U.S. Department of Health and Human Services (HHS), in the late 1990’s, pharmaceutical companies reassured the medical community that patients would not be come addicted to opioid pain relievers and healthcare providers began to prescribe them at greater rates. This led to increased prescription of opioid medications, and then to widespread misuse of both prescription and non-prescription opioids, before it became clear that these medications were, in many instances, highly addictive. HHS declared the opioid crisis a public health emergency and the Centers for Disease Control announced that life expectancy in the United States had declined in the prior sever al years due to the increase in drug overdose deaths. In fact, over the past decade, Colorado has lost over 5,000 Coloradoans to opioid overdose deaths and another 2,000 to heroin and fentanyl overdoses. Opioid addiction is understood to cause many negative consequences for individuals, families and communities, including significant detrimental impacts to health and human services, child welfare, criminal justice systems and other support systems, as well as local and state governments that provide them. Widespread and increasing prescription of opioids, which tracked the increase over time of opioid -related deaths, enriched the manufacturers, distributors and retailers of opioids (Opioid Defendants). Lawsuits filed by several hundred counties across the United States, along with a handful of states, based on the marketing conduct, distribution conduct and regulatory violations of these Opioid Defendants, are being managed together as part of a nationwide “multi-district litigation” that began in 2018. As of September 2020, over 2,600 county and city governments had filed suit against 28 Opioid Defendants, including manufacturers, distributors and pharmacy chains. As well, many states had filed cases and all states were in some form of organized negotiations with the Opioid Defendants. Colorado Attorney General Phil Weiser has, on behalf of the people of Colorado, sued Purdue Pharma and the Sackler family, and is currently engaged in a range of settlement conversations with other companies, in an effort to recover needed funds for Colorado to support prevention and education efforts, drug treatment and 18 Packet Pg. 352 Agenda Item 18 Item # 18 Page 2 recovery programs. Although the details of these settlements are still being worked out, a fundamental tenet of the settlement plan under discussion would result in Colorado receiving twice the amount of settlement dollars if the state and local governments can agree to a single plan for distribution and use of the settlement funds. In an effort to develop a consensus plan and obtain local governmental agreement on this, AG Weiser has been working for many months to engage with and work toward a framework for settlement agreeable to local governments across the board. Under the expected settlement framework and in addition to the distribution of funds directly to local governments based on an allocation formula, funds will be allocated to state infrastructure and partnership initiatives and the majority of the funds will likely be directed to abatement efforts planned and managed at the regional level. A coalition of Colorado Counties, Inc., Colorado Municipal League and representatives of many counties and municipalities (the Coalition) has collaborated to propose a regional map and general approach for consideration. Building on this conceptual framework and the proposal of the Coalition, AG Weiser has convened a stakeholder working group to continue to develop a consensus plan for eventual presentation to Colorado local governments for approval. Mayor Wade Troxell has been invited to participate as a member of the Attorney General’s Opioid Settlement Funds State/Local Government Small Working Group (Opioids Working Group). The efforts of this group are expected to take place primarily over the next few months, with the goal of developing a proposed f ramework for allocation, use, governance and oversight structure for the opioid settlement funds to be presented to Colorado local governments for timely approval. Section 2-570 of City Code allows Council to appoint, in its discretion, any number of its own members to serve as City representatives to, or members of the boards of directors of, other governmental or private agencies. Mayor Wade Troxell is interested in serving in this capacity. This item provides Council with the opportunity to designate him to represent the City in this role. CITY FINANCIAL IMPACTS This item is expected to result in revenues coming to the City to support prevention and education efforts, as well as drug treatment and recovery programs related to the opioid crisis. 18 Packet Pg. 353 -1- RESOLUTION 2021-013 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING MAYOR WADE TROXELL TO REPRESENT THE CITY ON THE COLORADO ATTORNEY GENERAL’S LOCAL GOVERNMENT OPIOID SETTLEMENT FUNDS STAKEHOLDER WORKING GROUP WHEREAS, according to the U.S. Department of Health and Human Services (“HHS”), in the late 1990’s, pharmaceutical companies reassured the medical community that patients would not become addicted to opioid pain relievers and healthcare providers began to prescribe them at greater rates; and WHEREAS, this led to increased prescription of opioid medications, and then to widespread misuse of both prescription and non-prescription opioids, before it became clear that these medications were in many instances highly addictive; and WHEREAS, in 2017, HHS declared this opioid crisis a public health emergency, and the Centers for Disease Control announced that life expectancy in the United States had declined in the prior several years, due to the increase in drug overdose deaths; and WHEREAS, opioid addiction is understood to cause many negative consequences for individuals, families and communities, including significant detrimental impacts to health and human services, child welfare, criminal justice systems and other support systems, as well as local and state governments that provide them; and WHEREAS, widespread and increasing prescription of opioids, which tracked the increase over time of opioid-related deaths, enriched the manufacturers, distributors and retailers of opioids (“Opioid Defendants”); and WHEREAS, lawsuits filed by several hundred counties across the United States along with a handful of states based on the marketing conduct, distribution conduct and regulatory violations of these Opioid Defendants are being managed together as part of a nationwide “multi- district litigation” or “MDL” that began in 2018; and WHEREAS, as of September 2020, over 2,600 county and city governments had filed suit against 28 Opioid Defendants, including manufacturers, distributors and pharmacy c hains, many states had filed cases and all states were in some form of organized negotiations with the Opioid Defendants; and WHEREAS, over the past decade, Colorado has lost over 5,000 Coloradans to opioid overdose deaths and another 2,000 to heroin and fentanyl overdoses; and WHEREAS, Colorado Attorney General Phil Weiser has, on behalf of the people of Colorado, sued Purdue Pharma and the Sackler family, and is currently engaged in a range of settlement conversations with other companies, in an effort to recover needed funds for Colorado to support prevention and education efforts, drug treatment and recovery programs; and Packet Pg. 354 -2- WHEREAS, although the details of these settlements are still being worked out, a fundamental tenet of the settlement plan under discussion would result in Colorado receiving twice the amount of settlement dollars if the state and local governments can agree to a single plan for distribution and use of the settlement funds; and WHEREAS, in an effort to develop a consensus plan and obtain local government agreement on it, AG Weiser has been working for many months to engage with and work toward a framework for settlement agreeable to local governments across the board; and WHEREAS, under the expected settlement framework, in addition to the distribution of funds directly to local governments based on an allocation formula, funds will be allocated to state infrastructure and partnership initiatives and the majority of the funds will likely be directed to abatement efforts planned and managed at the regional level; and WHEREAS, a coalition of Colorado Counties, Inc., Colorado Municipal League and representatives of many counties and municipalities (the “Coalition”) has collaborated to propose a regional map and general approach for consideration; and WHEREAS, building on his conceptual framework and the proposal of the Coalition, AG Weiser has convened a stakeholder working group to continue to develop a consensus plan for eventual presentation to Colorado local governments for approval; and WHEREAS, Mayor Troxell has been invited to participate as a member of the Attorney General’s Opioid Settlement Funds State/Local Government Small Working Group (“Opioids Working Group”); and WHEREAS, the efforts of the Opioids Working Group are expected to take place primarily over the next few months, with the goal of developing a proposed framework for allocation, use, governance and oversight structure for the opioid settlement funds (“Opioid Settlement Framework”) to be presented to Colorado local governments for timely approval; and WHEREAS, Section 2-570 of City Code allows City Council to appoint, in its discretion, any number of its own members to serve as City representatives to, or members of the boards of directors of, other governmental or private agencies; and WHEREAS, Mayor Troxell is interested in serving in this capacity and the Council desires to designate him to represent the City in that role. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FORT COLLINS that the City Council hereby designates Mayor Wade Troxell as the City’s representative on the Opioids Working Group formed by AG Phil Weiser. Packet Pg. 355 -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of January, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 356 1 Poudre River Whitewater Park Update Kurt Friesen, Park Planning & Development Director 01-19-21 STAFF INFORMATION REPORT 1 Packet Pg. 357 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Grand Opening 2 1 Packet Pg. 358 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Grand Opening 3 1 Packet Pg. 359 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Grand Opening 4 1 Packet Pg. 360 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Grand Opening 5 1 Packet Pg. 361 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Poudre River Whitewater Park Visitation 6 Time of dayAverage visitor countJust passing through Sightseeing/playing w ith kids/picnicking Swimmers/waders Kayak Raft SUP Surfboard Tu be Av erage of 896 visitors per day July 7-14, 2020 1 Packet Pg. 362 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Park and Watercraft Users 7 Kayak Raft SUP Surfboard Tu be Percent of watercraft users Wa tercraft activitiesAll activities Sw immers/waders Just passing through Sightseeing/playing with kids/picnicking Wa tercraft Percent of park users 47% 29% 17% 92% 1 Packet Pg. 363 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Positive Boater Feedback 8 1 Packet Pg. 364 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Park Visitation from Trail Users 9 1 Packet Pg. 365 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Minimal Impacts to Adjacent Businesses 10 1 Packet Pg. 366 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Frequent Visitation from Neighbors 11 1 Packet Pg. 367 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Restoration Efforts Are On Track 12 1 Packet Pg. 368 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Effective Stormwater Enhancements 13 1 Packet Pg. 369 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Safety 14 1 Packet Pg. 370 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Fish Passage 15 1 Packet Pg. 371 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Economic Benefits 16 Gas Food Clothing Lodging Other Average Daily Spending Per UserPoudre Canyon Whitewater Park The Whitew ater Park contributes $250,000 annually. The average user spends $30/day 1 Packet Pg. 372 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Next Steps 17 1 Packet Pg. 373 Attachment: 210104 Whitewater Park Staff Update (9902 : Staff Report - Whitewater Park) Agenda Item 19 Item # 19 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Items Relating to Placing Proposed Charter Amendments on the April 6, 2021 Ballot. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 011, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. B. Second Reading of Ordinance No. 012, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. C. Second Reading of Ordinance No. 013, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 9, Article V of the City Charter Clarifying Revenues that May be Appropriated. D. Second Reading of Ordinance No. 014, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 17 or Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. E. Second Reading of Ordinance No. 015, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. These Ordinances were adopted on First Reading on January 5, 2021 to submit individual Charter amendments to the voters at the April 6, 2021 Regular Election ballot as indicated below: Ordinance Nos. 011-013 (unanimous ) Ordinance Nos. 014-015 (by a vote of 5-1 Nay: Pignataro) STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (PDF) 2. Ordinance No. 011, 2021 (PDF) 3. Ordinance No. 012, 2021 (PDF) 4. Ordinance No. 013, 2021 (PDF) 5. Ordinance No. 014, 2021 (PDF) 6. Ordinance No. 015, 2021 (PDF) 19 Packet Pg. 374 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY January 5, 2021 City Council STAFF Delynn Coldiron, City Clerk Carrie Daggett, City Attorney SUBJECT Items Relating to Placing Proposed Charter Amendments on the April 6, 2021 Ballot. EXECUTIVE SUMMARY A. Possible Public Hearing and Motions Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 011, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. C. First Reading of Ordinance No. 012, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. D. First Reading of Ordinance No. 013, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 9, Article V of the City Charter Clarifying Revenues that May be Appropriated. E. First Reading of Ordinance No. 014, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 17 or Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. F. First Reading of Ordinance No. 015, 2021 Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. The purpose of these items is to submit individual Charter amendments to the voters at the April 6, 2021 Regular Election ballot. Any protest of the proposed ballot language must be received no later than Monday, January 4, 2021, at noon. The protest(s) shall be heard, considered, and resolved by Council prior to adoption of any Ordinance that is the subject of a protest. If protests are received, copies will be included in Council’s “Read-before” packet. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. ATTACHMENT 1 19.1 Packet Pg. 375 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9891 : SR 011-015 Charter Amendments) Agenda Item 18 Item # 18 Page 2 BACKGROUND / DISCUSSION At the December 8, 2020 Work Session, Council discussed a number of potential Charter Amendments. These items have been brought forward for Council consideration based on that discussion. (Attachment 1) If adopted, these Ordinances will submit Charter amendments, described below, to the voters at the April 6, 2021 Regular Election. Amending Section 4 of Article II of the City Charter Updating the Provision for Election of a Mayor Pro Tem. This item concerns a proposed amendment to City Charter Article II, Section 4, which governs when the Council must elect the Mayor Pro Tem following an election. This proposed amendment is to align Section 4 with City Charter Article II, Section 1(d), which was amended in 2017 to read that the Mayor and Council members shall take their oaths of office at the first regular or special Council meeting that occurs after the final certification of the election and after the time for recount expires. The proposed amendment clarifies that the election of the Mayor Pro Tem shall occur at the meeting at which newly-elected Councilmembers take the oath of office and further to provide for election by Council of a new Mayor Pro Tem in the event of a resignation. Amending Section 8 of Article VIII of the City Charter Pertaining to Restrictions on Campaign Contributions. This item concerns a proposed amendment to City Charter Article VIII, Sec. 8 which establishes limitations on participation in City elections by City employees, public service corporations or any other person having an interest in, or intending to apply for, a franchise or contract with the City. In particular, Section 8 places limits on whether those parties may make direct contributions and indirect expenditures in support of, or in opposition to, candidates for City office. Article VIII, Section 8 states, in relevant part: . . . No political party or city employee, directly or indirectly, and no public service corporation, nor any other person, firm or corporation, owning, interested in, or intending to apply for any franchise or contract with the city shall contribute or expend any money or other valuable thing, directly or indirectly, to assist in the election or defeat of any candidate. The application of Section 8 to City employees was the matter of some discussion during and after the 2019 election. Since the adoption of Section 8 in approximately 1980, there have also been developments in the law that may impact Section 8’s restrictions on who may contribute or expend money or things of value, directly or indirectly, to assist in the election or defeat of a Council candidate. The proposed amendment removes the existing stated prohibition on campaign contributions and expenditures and instead enables Council to act by ordinance to establish prohibitions on, and requirements for, campaign contributions and expenditures for City elections, in addition to limits on contributions to support or oppose candidates for Council. Amending Sections 9 and 11 of Article V of the City Charter Concerning Supplemental and Non-Lapsing Appropriations. This item concerns an amendments related to the appropriation of funds. It includes an amendment to Section 9 of Charter Article V to clarify that the City Council can make supplemental appropriations not only from the City’s estimated actual and anticipated revenues received in the fiscal year of the supplemental appropriation, such as tax and fee revenues, but also from any other kind of funds the City has received or is anticipated to receive in that fiscal year, such as grant money and proceeds from debt issuance or borrowing. Section 9 would 19.1 Packet Pg. 376 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9891 : SR 011-015 Charter Amendments) Agenda Item 18 Item # 18 Page 3 also be amended to clarify that the same would be true for supplemental appropriations of both revenues and other funds in reserves accumulated in prior years. This item also concerns an amendment to Section 11 of Charter Article V to clarify that appropriations made by the City Council for federal, state and private grants and donations shall not lapse until the earlier of the expiration of the federal, state or private grant or donation or the City’s expenditures of all funds received from such grant or donation. The proposal amends both Sections 9 and 11 of Charter Article V to reflect these changes. Amending Section 17 of Article II of the City Charter Revising the Deadline to Publish Notice of the Annual Independent Financial Audit. This item concerns the date by which a summary of the City’s annual audit is required to be published in the Coloradoan each year. Article II, Section 17 currently reads: Section 17. - Independent annual audit. The Council shall provide for an independent audit at least annually by a certified public accountant of all books and accounts of the city, and shall publish a summary thereof once in the manner provided for publication of legal notices within five (5) months after the end of each fiscal year. It has been staff’s experience that the City’s annual audit is sometimes difficult to complete within five months of the end of each fiscal year. Therefore, staff is recommending that Section 17 be amended to allow the legal notice for the audit summary be published within seven months of the end of the fiscal year instead of five months. This should give sufficient time for the audit to be completed each year. The proposed amendment increases the time for publication of a summary of an independent audit to seven months after the end of each fiscal year. Amending Section 5 of Article VIII of the City Charter Updating the Reference to “Chief Judge” in the Board of Elections Provision. The proposed amendment replaces a reference to “Municipal Judge” in Section 5, describing the Board of Elections, with “Chief Judge.” CITY FINANCIAL IMPACTS Any financial impacts as a result of these amendments will be negligible. PUBLIC OUTREACH Targeted outreach was not conducted for these proposed Charter amendments. However, meetings of the Election Code Committee where some of these amendments were discussed were open to the public, and several members of the community regularly attended and provided input. In addition, Council discussed these proposed Charter amendments, along with others, at its December 8 Work Session. ATTACHMENTS 1. Work Session Summary (PDF) 19.1 Packet Pg. 377 Attachment: First Reading Agenda Item Summary, January 5, 2021 (w/o attachments) (9891 : SR 011-015 Charter Amendments) -1- ORDINANCE NO. 011, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 4 OF ARTICLE II OF THE CITY CHARTER UPDATING THE PROVISION FOR ELECTION OF A MAYOR PRO TEM WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article II, Section 4 of the Charter (“Section 4”) currently provides for the Council to elect a Mayor Pro Tem at the first regular or special meeting after final certification of a City election; and WHEREAS, at the regular municipal election on April 4, 2017, the voters of Fort Collins approved Ordinance No. 001, 2017, amending Article II, Section 1 of the Charter to provide that newly-elected Councilmembers shall take the oath of office as the first order of business at the first regular or special Council meeting following the final certification of election results and after expiration of the recount period; and WHEREAS, in light of the 2017 change to Section 1, Section 4 may in some instances require the election of the Mayor Pro Tem to occur before the newly-elected Councilmembers take office; and WHEREAS, Section 4 is silent as to the potential need for and process to elect a new Mayor Pro Tem in the event that a Councilmember in that role resigns from the Council or resigns as Mayor Pro Tem; and WHEREAS, Council desires to amend the Charter to ensure clarity and internal consistency in regards to the election of the Mayor Pro Tem. 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 following proposed changes to Section 4 of Article II of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 1” at the regular municipal election to be held on Tuesday, April 6, 2021: 19.2 Packet Pg. 378 Attachment: Ordinance No. 011, 2021 (9891 : SR 011-015 Charter Amendments) -2- ARTICLE II. CITY COUNCIL Section 4. - Organization. The Mayor shall preside at meetings of the Council and shall be recognized as head of the city government for all ceremonial purposes and by the Governor of the state for purposes of military law. The Mayor shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall also perform such other duties as may be provided by ordinance which are not inconsistent with the provisions of this Charter. At the first regular or special meeting after final certification of a City election and after expiration of the recount period, the Council shall elect a Mayor Pro Tem for a two (2) year term from among the members of the Council to act as Mayor during the absence or disability of the Mayor. If a vacancy occurs in the position of Mayor, the Mayor Pro Tem shall become Mayor as provided in Section 18(b) below. If a vacancy occurs in the position of Mayor Pro Tem, whether through resignation or otherwise, the Council shall at the first regular or special meeting after the occurrence of such vacancy elect a new Mayor Pro Tem to serve for the remainder of the vacated term. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Section 4 of Article II of the Charter of the City of Fort Collins, pertaining to the election of the Mayor Pro Tem and other Council organizational matters, be amended to clarify that the election of the Mayor Pro Tem shall occur at the meeting at which newly-elected Councilmembers take the oath of office and further to provide for election by Council of a new Mayor Pro Tem in the event of a resignation from that position? ______Yes/For ______No/Against 19.2 Packet Pg. 379 Attachment: Ordinance No. 011, 2021 (9891 : SR 011-015 Charter Amendments) -3- Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.2 Packet Pg. 380 Attachment: Ordinance No. 011, 2021 (9891 : SR 011-015 Charter Amendments) -1- ORDINANCE NO. 012, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 8 OF ARTICLE VIII OF THE CITY CHARTER PERTAINING TO RESTRICTIONS ON CAMPAIGN CONTRIBUTIONS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VIII, Section 8 of the Charter (“Section 8”) currently charges the Council by ordinance with establishing a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ballot at any City election; and WHEREAS, Section 8 further prohibits certain persons from directly or indirectly contributing or expending any money or other valuable thing to assist in the election or defeat of any candidate; and WHEREAS, from time to time the decisions of the United States Supreme Court, the Colorado Supreme Court and other federal and state courts with jurisdiction over city matters consider and decide cases affecting the extent to which the City may restrict political speech in the form of campaign expenditures and contributions; and WHEREAS, the Council has acted to establish extensive restrictions on and requirements for campaign activities, including campaign contributions and expenditures, in Chapter 7 of the City Code; and WHEREAS, in order to consolidate the restrictions on, and requirements for, campaign contributions and expenditures and allow the Council to adjust them to reflect the evolution of the law as it applies to political speech, the Council desires to amend Section 8 to charge the Council with establishing prohibitions and limitations on, and requirements for, campaign contributions and expenditures in support of or opposition to candidates and matters on the ballot at any city election. 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 following proposed changes to Section 8 of Article VIII of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 2” at the regular municipal election to be held on Tuesday, April 6, 2021: 19.3 Packet Pg. 381 Attachment: Ordinance No. 012, 2021 (9891 : SR 011-015 Charter Amendments) -2- ARTICLE VIII. ELECTIONS Section 8. - Campaign contributions. The Council shall act by ordinance to prohibit such campaign contributions and expenditures as it determines reasonably appropriate, to establish a limit on the amount that any person or entity may contribute in support of a candidate for Council on the ba llot at any city election and to require disclosures and reporting of campaign contributions and expenditures. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 2 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 2 Shall Section 8 of Article VIII of the Charter of the City of Fort Collins, pertaining to campaign contributions for city elections, be amended to remove the stated prohibition on campaign contributions and expenditures and instead provide that Council shall by ordinance establish prohibitions on, and requirements for, campaign contributions and expenditures for city elections, in addition to limits on contributions to support or oppose candidates for Council? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.3 Packet Pg. 382 Attachment: Ordinance No. 012, 2021 (9891 : SR 011-015 Charter Amendments) -3- Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.3 Packet Pg. 383 Attachment: Ordinance No. 012, 2021 (9891 : SR 011-015 Charter Amendments) -1- ORDINANCE NO. 013, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS PROPOSED AMENDMENTS TO SECTIONS 9 AND 11 OF ARTICLE V OF THE CITY CHARTER CONCERNING SUPPLEMENTAL AND NON-LAPSING APPROPRIATIONS WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210(1)(b) of the Colorado Revised Statutes provides that amendments to the Charter may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins and that such ordinance must also adopt a ballot title for the proposed amendment; and WHEREAS, Article V, Section 9 of the Charter (“Section 9”) currently allows the City Council to make supplemental appropriations at any time during the fiscal year provided such appropriations, in combination with all previous fiscal years, shall not exceed the then current estimate of actual and anticipated “revenues” to be received by the City during that fiscal year; and WHEREAS, a 2018 court case not involving the City, suggests that while “revenues” includes income a governmental entity receives, such as taxes, it may not include other funds a governmental entity receives such as loan proceeds, grants and donations, thereby calling into question whether the City Council can make supplemental appropriations from these other funds that may not be considered “revenues”; and WHEREAS, this proposed amendment to Section 9 would clarify that the City Council can make supplemental appropriations from not just “revenues,” but from “all other funds” the City receives during a fiscal year; and WHEREAS, Article V, Section 11 of the Charter (“Section 11”) currently provides that all City Council appropriations for capital projects and for federal and state grants are to be considered non-lapsing appropriations, unlike all other City Council appropriations which are considered as having lapsed at the end of each fiscal year to the extent not expended or encumbered; and WHEREAS, in recent years the City has been receiving more and more private grants and donations for which it would be helpful in some circumstances if the appropriation of these grants and donations could be designated as non-lapsing appropriations; and WHEREAS, there are also some circumstances where it would be desirable if the appropriation of certain capital projects and federal and state grants could be designated as lapsing appropriations rather than non-lapsing, but under the current wording of Section 11, such appropriations are required to be non-lapsing; and 19.4 Packet Pg. 384 Attachment: Ordinance No. 013, 2021 (9891 : SR 011-015 Charter Amendments) -2- WHEREAS, this proposed amendment to Section 11 is to allow the City Council to designate as non-lapsing appropriations for private grants and donations and to have the discretion to decide on a case-by-case basis whether to designate as non-lapsing appropriations for capital projects and for federal, state and private grants and donations. 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 following proposed changes to Section 9 and 11 of Article V of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 3” at the regular municipal election to be held on Tuesday, April 6, 2021: ARTICLE V. FINANCE ADMINISTRATION Section 9. – Supplemental appropriations. The Council, upon recommendation of the City Manager, may make supplemental appropriations by ordinance at any time during the fiscal year; provided, however, that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, shall not exceed the then current estimate of actual and anticipated revenues and all other funds to be received by the city during the fiscal year. This provision shall not prevent the Council from appropriating by ordinance at any time during the fiscal year such revenues and funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. Section 11. – Lapsed appropriations All appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special fund, except the Council may designate in an ordinance appropriating funds for capital projects and for federal, state and private grants and donations that such funds shall not lapse until the completion of the capital project or until the earlier of the expiration of the federal, state or private grant or donation or the city’s expenditure of all funds received from such grant or donation. Nothing herein shall limit the ability of the Council to terminate a capital project or a federal, state or private grant or donation at any time prior to completion of the project or prior to expiration of or the city’s expenditure of all funds from the grant or donation. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 3 to the voters at said election: 19.4 Packet Pg. 385 Attachment: Ordinance No. 013, 2021 (9891 : SR 011-015 Charter Amendments) -3- CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 3 AMENDING SECTIONS 9 AND 11 OF CHARTER ARTICLE V CONCERNING CITY COUNCIL APPROPRIATAIONS Shall Sections 9 and 11 of Article V of the City of Fort Collins Charter be amended to provide that City Council may make supplemental appropriations from not only the City’s actual and expected revenues in a fiscal year, but also from all other sources of funds the City receives or expects to receive during the fiscal year, and to provide that the City Council may designate by ordinance as non-lapsing its annual and supplemental appropriations for capital projects and for federal, state and private grants and donations until the completion of the capital project or until the earlier of the expiration of the federal, state or private grant or donation or the city’s expenditure of all funds received from such grant or donation, but without limiting the City Council’s ability to terminate earlier any such capital project or federal, state or private grant or donation? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.4 Packet Pg. 386 Attachment: Ordinance No. 013, 2021 (9891 : SR 011-015 Charter Amendments) -1- ORDINANCE NO. 014, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 17 OF ARTICLE II OF THE CITY CHARTER REVISING THE DEADLINE TO PUBLISH NOTICE OF THE ANNUAL INDEPENDENT FINANCIAL AUDIT WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article II, Section 17 of the Charter (“Section 17”) currently requires that Council provide for an independent audit of city books and accounts at least annually and further requires the publication of a summary of such audit within five months after the end of each fiscal year; and WHEREAS, this provision was last updated in 1985 and since then the time required for completion of an annual independent financial audit has grown with the increasing complexity of the City’s books and accounts and the professional standards for such audits; and WHEREAS, in many years the City is unable to provide a meaningful summary of the annual financial audit within the five-month timeframe allowed and a modest increase in time for the notice would enable the publication of a fuller summary of the audit outcomes; and WHEREAS, Council desires to amend the Charter to increase the time for publication of the annual audit summary to seven months after the end of each fiscal year instead of five months. 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 following proposed changes to Section 17 of Article II of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 4” at the regular municipal election to be held on Tuesday, April 6, 2021: ARTICLE II. CITY COUNCIL Section 17. - Independent annual audit. 19.5 Packet Pg. 387 Attachment: Ordinance No. 014, 2021 (9891 : SR 011-015 Charter Amendments) -2- The Council shall provide for an independent audit at least annually by a certified public accountant of all books and accounts of the city, and shall publish a summary thereof once in the manner provided for publication of legal notices within seven (7) months after the end of each fiscal year. Section 3. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 4 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 4 Shall Section 17 of Article II of the Charter of the City of Fort Collins, requiring an independent audit of city books and accounts at least annually, be amended to increase the time for publication of a summary of such audit to seven (7) months after the end of each fiscal year, instead of five (5) months? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.5 Packet Pg. 388 Attachment: Ordinance No. 014, 2021 (9891 : SR 011-015 Charter Amendments) -1- ORDINANCE NO. 015, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF FORT COLLINS A PROPOSED AMENDMENT TO SECTION 5 OF ARTICLE VIII OF THE CITY CHARTER UPDATING THE REFERENCE TO “CHIEF JUDGE” IN THE BOARD OF ELECTIONS PROVISION WHEREAS, Article IV, Section 8 of the Charter of the City of Fort Collins (“Charter”) provides that the Charter may be amended as provided by the laws of the State of Colorado; and WHEREAS, Section 31-2-210, Colorado Revised Statutes, provides that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS, Article VIII, Section 5, of the Charter (“Section 5”) establishes a Board of Elections to consist of the City Clerk, Chief Deputy City Clerk, and Municipal Judge; and WHEREAS, at the regular municipal election on April 4, 2017, the voters of Fort Collins approved Ordinance No. 004, 2017, modifying Article VII, Section 1 of the Charter to establish a Chief Judge where previously was referenced the Municipal Judge; and WHEREAS, a conforming change is needed in Section 5 to update the reference there from “Municipal Judge” to “Chief Judge” in accordance with Ordinance No. 004, 2017; and WHEREAS, Council desires to amend the Charter to ensure clarity and internal consistency in these provisions and to avoid any confusion or question regarding the composition of the Board of Elections. 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 following proposed changes to Section 5 of Article VIII of the City Charter shall be submitted to the registered electors of the City as “Proposed Charter Amendment No. 5” at the regular municipal election to be held on Tuesday, April 6, 2021: ARTICLE VIII. ELECTIONS Section 5. - Board of Elections. There is hereby created a Board of Elections consisting of the City Clerk, Chief Deputy City Clerk, and Chief Judge. The Board shall be responsible for any election duties 19.6 Packet Pg. 389 Attachment: Ordinance No. 015, 2021 (9891 : SR 011-015 Charter Amendments) -2- specified in this Charter and for such additional duties related to the conduct of elections as may be established by the Council by ordinance. Section 4. That the following ballot title and submission clause are hereby adopted for submitting Proposed Charter Amendment No. 5 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 5 Shall Section 8 of Article VIII of the Charter of the City of Fort Collins, establishing the Board of Elections, be amended to replace a reference to “Municipal Judge” with “Chief Judge” in conformance with a 2017 update to that title? ______Yes/For ______No/Against Introduced, considered favorably on first reading, and ordered published this 5th day of January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of January, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk 19.6 Packet Pg. 390 Attachment: Ordinance No. 015, 2021 (9891 : SR 011-015 Charter Amendments)